Everett C. Gilbertson, Sui Juris c/o general delivery Battle Lake [zip code exempt] MINNESOTA STATE In Propria Persona Under Protest and by Special Visitation UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA FOURTH DIVISION UNITED STATES OF AMERICA [sic], ) Case No. CR-4-96-65 ) Plaintiff [sic], ) NOTICE AND DEMAND FOR ) MANDATORY JUDICIAL NOTICE: v. ) ) Rule 201(d), Federal Rules EVERETT C. GILBERTSON [sic], ) of Evidence ) Defendant [sic]. ) ________________________________) COMES NOW Everett C. Gilbertson, Sui Juris, Citizen of Minnesota state and Defendant in the above entitled matter (hereinafter "Defendant"), to provide formal Notice to all interested parties, and to demand mandatory judicial notice by this honorable Court, pursuant to Rule 201(d) of the Federal Rules of Evidence, of the several Freedom of Information Act ("FOIA") appeals which are attached hereto and incorporated by reference as if set forth fully herein. Mandatory judicial notice leaves no room for discretion on the part of this honorable Court, since the legislative intent of the word "shall" in Rule 201(d) has a compulsory meaning. Confer at "shall" in Black's Law Dictionary. Third Notice and Demand for Mandatory Judicial Notice: Page 1 of 8 VERIFICATION I, Everett C. Gilbertson, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the attached documents are true and correct copies of the originals, with the sole exception of the original blue-ink signatures, which signatures I hereby apply to said documents by proxy, so help Me God, pursuant to 28 U.S.C. 1746(1). Dated: ______________________________ Respectfully submitted, /s/ Everett C. Gilbertson _____________________________________ Everett C. Gilbertson, Sui Juris Citizen of Minnesota state All Rights Reserved without Prejudice Third Notice and Demand for Mandatory Judicial Notice: Page 2 of 8 c/o General Delivery Battle Lake [zip code exempt] MINNESOTA STATE March 5, 1997 FREEDOM OF INFORMATION ACT APPEAL Disclosure Officer Administrative Office of the U.S. Courts Thurgood Marshall Federal Judiciary Building One Columbus Circle, N.E. Washington [zip code exempt] DISTRICT OF COLUMBIA Dear Disclosure Officer: This is an appeal under the Freedom of Information Act. On February 10, 1997, I requested documents under the Freedom of Information Act (see attached). To date, the requested documents have not been produced. I hereby appeal your failure to produce the requested documents. The documents that were withheld must be disclosed under the FOIA because the original Thirteenth Amendment prevents government officials from exercising privileges of a nobility class, such as being exempt from the principles of open government and freedom of information. Evidence of the original Thirteenth Amendment has been filed with the Foreperson of the Grand Jury and with the Clerk of the United States District Court in Tucson, Arizona state (a Republic). See also Colorado Records Custodian. Disclosure of the documents which I requested is in the public interest because the information, and the procedure for obtaining the information, are likely to contribute significantly to public understanding of the operations and activities of government and are not primarily in My commercial interest. Moreover, the information requested will help to improve public confidence in the integrity of the United States (federal government), or to confirm that there are persons attempting to exercise executive and judicial branch powers in America without any authority or jurisdiction whatsoever. See U.S. v. Lopez. Thank you for your careful consideration of this appeal. Respectfully submitted, /s/ Everett C. Gilbertson Everett C. Gilbertson, Sui Juris Citizen of Minnesota state All Rights Reserved without Prejudice copies: all individuals named herein Third Notice and Demand for Mandatory Judicial Notice: Page 3 of 8 c/o General Delivery Battle Lake [zip code exempt] MINNESOTA STATE March 5, 1997 FREEDOM OF INFORMATION ACT APPEAL Disclosure Officer Office of the Attorney General Department of Justice 10th and Constitution, N.W. Washington [zip code exempt] DISTRICT OF COLUMBIA Dear Disclosure Officer: This is an appeal under the Freedom of Information Act. On February 10, 1997, I requested documents under the Freedom of Information Act (see attached). To date, the requested documents have not been produced. I hereby appeal your failure to produce the requested documents. The documents that were withheld must be disclosed under the FOIA because the original Thirteenth Amendment prevents government officials from exercising privileges of a nobility class, such as being exempt from the principles of open government and freedom of information. Evidence of the original Thirteenth Amendment has been filed with the Foreperson of the Grand Jury and with the Clerk of the United States District Court in Tucson, Arizona state (a Republic). See also Colorado Records Custodian. Disclosure of the documents which I requested is in the public interest because the information, and the procedure for obtaining the information, are likely to contribute significantly to public understanding of the operations and activities of government and are not primarily in My commercial interest. Moreover, the information requested will help to improve public confidence in the integrity of the United States (federal government), or to confirm that there are persons attempting to exercise executive and judicial branch powers in America without any authority or jurisdiction whatsoever. See U.S. v. Lopez. Thank you for your careful consideration of this appeal. Respectfully submitted, /s/ Everett C. Gilbertson Everett C. Gilbertson, Sui Juris Citizen of Minnesota state All Rights Reserved without Prejudice copies: all individuals named herein Third Notice and Demand for Mandatory Judicial Notice: Page 4 of 8 c/o General Delivery Battle Lake [zip code exempt] MINNESOTA STATE March 5, 1997 FREEDOM OF INFORMATION ACT APPEAL Disclosure Officer "Internal Revenue Service" [sic] 175 Fifth Street East, Suite 650 St. Paul, Minnesota state Postal Zone 55101/tdc Dear Disclosure Officer: This is an appeal under the Freedom of Information Act. On February 10, 1997, I requested documents under the Freedom of Information Act (see attached). To date, the requested documents have not been produced. I hereby appeal your failure to produce the requested documents. The documents that were withheld must be disclosed under the FOIA because the original Thirteenth Amendment prevents government officials from exercising privileges of a nobility class, such as being exempt from the principles of open government and freedom of information. Evidence of the original Thirteenth Amendment has been filed with the Foreperson of the Grand Jury and with the Clerk of the United States District Court in Tucson, Arizona state (a Republic). See also Colorado Records Custodian. Disclosure of the documents which I requested is in the public interest because the information, and the procedure for obtaining the information, are likely to contribute significantly to public understanding of the operations and activities of government and are not primarily in My commercial interest. Moreover, the information requested will help to improve public confidence in the integrity of the United States (federal government), or to confirm that there are persons attempting to exercise executive and judicial branch powers in America without any authority or jurisdiction whatsoever. See U.S. v. Lopez. Thank you for your careful consideration of this appeal. Respectfully submitted, /s/ Everett C. Gilbertson Everett C. Gilbertson, Sui Juris Citizen of Minnesota state All Rights Reserved without Prejudice copies: all individuals named herein Third Notice and Demand for Mandatory Judicial Notice: Page 5 of 8 c/o General Delivery Battle Lake [zip code exempt] MINNESOTA STATE March 5, 1997 FREEDOM OF INFORMATION ACT APPEAL Disclosure Officer Office of the Secretary U.S. Department of the Treasury Washington [zip code exempt] DISTRICT OF COLUMBIA Dear Disclosure Officer: This is an appeal under the Freedom of Information Act. On February 15, 1997, I requested documents under the Freedom of Information Act (see attached). To date, the requested documents have not been produced. I hereby appeal your failure to produce the requested documents. The documents that were withheld must be disclosed under the FOIA because the original Thirteenth Amendment prevents government officials from exercising privileges of a nobility class, such as being exempt from the principles of open government and freedom of information. Evidence of the original Thirteenth Amendment has been filed with the Foreperson of the Grand Jury and with the Clerk of the United States District Court in Tucson, Arizona state (a Republic). See also Colorado Records Custodian. Disclosure of the documents which I requested is in the public interest because the information, and the procedure for obtaining the information, are likely to contribute significantly to public understanding of the operations and activities of government and are not primarily in My commercial interest. Moreover, the information requested will help to improve public confidence in the integrity of the United States (federal government), or to confirm that there are persons attempting to exercise executive and judicial branch powers in America without any authority or jurisdiction whatsoever. See U.S. v. Lopez. Thank you for your careful consideration of this appeal. Respectfully submitted, /s/ Everett C. Gilbertson Everett C. Gilbertson, Sui Juris Citizen of Minnesota state All Rights Reserved without Prejudice copies: all individuals named herein Third Notice and Demand for Mandatory Judicial Notice: Page 6 of 8 c/o General Delivery Battle Lake [zip code exempt] MINNESOTA STATE March 5, 1997 FREEDOM OF INFORMATION ACT APPEAL Disclosure Officer "Internal Revenue Service" [sic] c/o 4050 Alpha Road, MS-7000 MSRO Dallas, Texas state Postal Zone 75244-4203/tdc Dear Disclosure Officer: This is an appeal under the Freedom of Information Act. On February 10, 1997, I requested documents under the Freedom of Information Act (see attached). To date, the requested documents have not been produced. I hereby appeal your failure to produce the requested documents. The documents that were withheld must be disclosed under the FOIA because the original Thirteenth Amendment prevents government officials from exercising privileges of a nobility class, such as being exempt from the principles of open government and freedom of information. Evidence of the original Thirteenth Amendment has been filed with the Foreperson of the Grand Jury and with the Clerk of the United States District Court in Tucson, Arizona state (a Republic). See also Colorado Records Custodian. Disclosure of the documents which I requested is in the public interest because the information, and the procedure for obtaining the information, are likely to contribute significantly to public understanding of the operations and activities of government and are not primarily in My commercial interest. Moreover, the information requested will help to improve public confidence in the integrity of the United States (federal government), or to confirm that there are persons attempting to exercise executive and judicial branch powers in America without any authority or jurisdiction whatsoever. See U.S. v. Lopez. Thank you for your careful consideration of this appeal. Respectfully submitted, /s/ Everett C. Gilbertson Everett C. Gilbertson, Sui Juris Citizen of Minnesota state All Rights Reserved without Prejudice copies: all individuals named herein Third Notice and Demand for Mandatory Judicial Notice: Page 7 of 8 PROOF OF SERVICE I, Everett C. Gilbertson, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the "United States," that I am at least 18 years of age, a Citizen of one of the United States of America, and that I personally served the following document(s): NOTICE AND DEMAND FOR MANDATORY JUDICIAL NOTICE: Rule 201(d), Federal Rules of Evidence by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following: Henry Shea United States Attorneys 110 South Fourth Street Minneapolis, Minnesota state Attorney General Department of Justice 10th & Constitution, N.W. Washington, D.C. Solicitor General Department of Justice 10th & Constitution, N.W. Washington, D.C. Dated: _________________________________ /s/ Everett C. Gilbertson __________________________________________ Everett C. Gilbertson, Sui Juris Citizen of Minnesota state All Rights Reserved without Prejudice Third Notice and Demand for Mandatory Judicial Notice: Page 8 of 8 # # #
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U.S.A. v. Gilbertson, District Court