Certified Mail Number: __________________________________________
Date: __________________________________________
John E. Trumane
c/o General Delivery
Marin County
San Rafael, California state
united States of America
NUNC PRO TUNC ESTOPPEL AT LAW AND
PUBLIC NOTICE REVOCATION AFFIDAVIT
OF JOHN E. TRUMANE
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
PREAMBLE
I, Citizen John E. Trumane, being a Massachusetts native-
born white adult male living and working in Marin County as a
Citizen of the Republic of California/State since 1979 and I, as
such status, hereby make this Special Appearance, by Affidavit,
in Propria Persona, proceeding Sui Juris, At Law, in Common Law,
with Assistance, Special, neither conferring nor consenting to
any foreign jurisdiction, except to the judicial power of
California and/or America, and as such I willfully enforce all
Constitutional limitations respectively on all government
agencies when dealing with them, wherefore the undersigned
Affiant, named herein and above, upon affirmation declares and
evidences the following:
I, John E. Trumane, am of lawful age and competent. I am a
free white natural born Citizen in California state, and thereby
in the united States of America, in fact, by right of heritage, a
Citizen inhabiting California state, protected via hereditary
succession by my predecessors' previous contracts with government
as found in the Northwest Ordinance of 1787, the Organic Act of
1849, the original Constitution of California, the Articles of
Confederation of 1777, the Constitution for the united States of
America (1787) including its Preamble, and the Bill of Rights
(1791) including its Preamble; and, as such, I retain all my
unalienable rights granted by God in positive law, embodied in
the Declaration of Independence (1776) and binding rights upon
myself and my parentage, on this day and for all time now and
hereafter; and further,
I, John E. Trumane, a natural born free white adult male, in
Propria Persona, proceeding Sui Juris, At Law, with Assistance,
Special, receiving mail c/o General Delivery, San Rafael,
California state, being duly sworn and affixing my signature to
this document, do hereby make the following statement of fact and
affirm: the so-called "Social Security" number xxx-xx-xxxx is
revoked in application, in body and in signature, for I affirm
that this agreement was imposed upon me by usage of threat,
coercion, withholding of material facts, and uninformed consent,
and that I was not at age of majority; therefore, this
aforementioned government action constitutes constructive fraud
and placed me under duress of mind and therefore deprived me of
giving any meaningful consent to the original "Social Security"
application and agreement. This agreement is null and void, nunc
pro tunc, due to the aforementioned fraud; and further,
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AFFIDAVIT AMENDMENT PROTECTION CLAUSE
I, the undersigned, in order to protect my unalienable
rights to life, liberty and property, inclusive of my right to
the proper in rem and in personam Citizenship status, have been
forced to amend certain legal documents and statements, due to
the continued revelation and increased discovery of the
continuous acts of fraud upon me by the de facto governments,
both State and Federal, and therefore I declare that I am free to
amend any and all such documents and statements, as a matter of
substantive right, for I cannot be held liable for either the
acts or the omissions by governments which are out of my control,
which acts and omissions constitute fraud in one form or another.
Therefore, I proceed at all times "WITH EXPLICIT RESERVATION OF
ALL MY RIGHTS AND WITHOUT PREJUDICE" to any of my unalienable
rights, inclusive of my personal right to substantive and
procedural due process proceedings under the Judicial Power of
both my State and my Nation. And further,
I, John E. Trumane, state and affirm the following:
1. That material facts were withheld, such as Title 28,
Section 1746, Subsections 1 & 2 (being within or without the
"United States"), which caused me to be unaware that a completed,
signed, and submitted "Form 1040" or "income tax return" and
other IRS and California Revenue Department forms and documents
are voluntarily executed instruments which could be used as prima
facie evidence against me in criminal trials and civil
proceedings to show that I had voluntarily waived my
Constitutionally secured rights and that I had voluntarily
subjected myself to the federal income/excise tax, to the
provisions of the Internal Revenue Code (hereinafter referred to
as the IRC), to the authority of the California Revenue
Department and to the authority of the Internal Revenue Service
(hereinafter referred to as the IRS) by signing and thereby
affirming, under penalty of perjury (within the "United States"),
that I was, in effect, a "person" subject to the tax; that the
above induced and/or forced action, via State and Federal
governments, clearly indicates a violation of the United States
Constitution, Article 1, Section 9, Clause 3: "No Bill of
Attainder or ex post facto Law shall be passed." and Clause 4:
"No Capitation, or other direct, Tax shall be laid, unless in
Proportion to the Census or Enumeration hereinbefore directed to
be taken." These above same injunctions are found in the
Northwest Ordinance and in the California Constitution. And
further,
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2. That material facts were withheld, which caused me to
be unaware of the legal effects of signing and filing income tax
returns, as shown by the decision of the United States Court of
Appeals for the 9th Circuit in the 1974 ruling in the case of
Morse v. U.S., 494 F.2d 876, 880, wherein the Court explained how
a State Citizen became a "taxpayer" by stating: "Accordingly,
when returns were filed in Mrs. Morse's name declaring income to
her for 1944 and 1945, making her potentially liable for the tax
due on that income, she became a taxpayer within the meaning of
the Internal Revenue Code." [emphasis added] And further,
3. That material facts were withheld, which caused me to
be unaware that the signing and filing of an income tax return
and other IRS forms are acts of voluntary compliance for a free
Sovereign natural born Citizen (see 2:1:5, U.S. Constitution)
inhabiting the united States of America, when executed and
submitted by said Sovereign living and working within the States
of the Union; that I was unaware that, in a legislative court
such as a United States District Court, the completed IRS
documents can become prima facie evidence, sufficient to sustain
a legal conclusion by a judge, that the signer has voluntarily
changed his lawful status/state FROM that of a free Sovereign
natural born Citizen, who is not subject to any federal income
tax and who possesses all of his God-given, Constitutionally
secured rights when dealing with government, TO the legal status
of a "taxpayer" (any individual, trust, estate, partnership,
association, company or corporation subject to federal excise
tax), that is, a "person" who is subject to the federal excise
tax and is, therefore, subject to the authority, jurisdiction and
control of the federal government under Title 26 of the United
States Code, the statutes governing federal taxation and to the
regulations of the IRS, thereby imposing the tax on himself,
waiving his God-given Constitutionally secured rights to property
and labor in respect to the federal income/excise tax statutes
and their administration by the IRS, and establishing himself as
one who has privileges only, but no rights, in dealings with the
IRS, the same as a corporation; that it is my understanding that
the change of status/state resulting from the signed IRS
documents is very similar to the change of status that occurs
when one enlists in the military service and voluntarily takes an
oath that subjects him to the authority, jurisdiction and control
of the federal government under Title 10 of the United States
Code, the statutes governing the armed forces and the regulations
of the military service, thereby waiving his Constitutionally
guaranteed rights in relation to dealings with the military
services; and further,
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4. That I, as a natural born free Sovereign inhabitant in
the united States of America, in the Republic of California, and
as a freeman, am endowed by my Creator with numerous
unalienable/inalienable rights which include but are not limited
to my rights to "life, liberty and the pursuit of happiness
(property)," which rights are specifically identified in the
Magna Carta (1215) and the Declaration of Independence (1776),
and protected and secured by the Constitution for the united
States of America (1789) and the subsequent Bill of Rights,
Articles in Amendment 1 thru 10 (1791); that my birthright to
the "life, liberty and the pursuit of happiness" has been
interpreted by both the Framers of the Constitution and by the
U.S. Supreme Court to include my unalienable right to contract,
to acquire, to deal in, to sell, rent, and exchange properties of
various kinds, real and personal, without requesting or
exercising any privilege or franchise from government; that I
have learned that these unalienable property rights also include
my right to contract for the exchange of my labor-property for
other properties and remuneration, such as wages, salaries, and
other earnings; that I have never knowingly, intentionally, or
voluntarily waived any of these unalienable rights, nor can I,
John E. Trumane, be forced to waive any of these rights granted
to me by God the Father, my Creator (see Brady v. U.S., 397 U.S.
742, 748), because I am endowed with these rights by my Creator
and by nobody else and nothing else; and further,
5. That I understand that, if the exercise of my rights
were subjected to taxation, these same rights could be destroyed
by increasing the tax rates to unaffordable levels; therefore,
courts have repeatedly ruled that government has no power
whatsoever to tax or otherwise "lien" against the exercise of any
rights, particularly the rights of Sovereign Citizens, as shown
by the U.S. Supreme Court in the case of Murdock v. Pennsylvania,
319 U.S. 105 (1943), which stated: "A state may not impose a
charge for the enjoyment of a right granted by the Federal
Constitution."; that unalienable rights are rights against which
no lien can be established precisely because they are un-a-lien-
able; that America's founding documents enumerate some of my
unalienable rights, none of which rights I have ever waived
knowingly, voluntarily, and intentionally; that I freely choose
to obey all American Law and to pay all Lawful taxes in
jurisdictions which are applicable to me for the common good;
that I stand in Propria Persona with Assistance, Special; that
my status and unalienable rights, as stated hereinafter and in
the foregoing, are not negotiable; and further,
6. That, for years past and at least since the year 1964,
I have been influenced by numerous cases of people going to jail
and being punished, and also by numerous and repeated public
warnings made by the California Revenue Department and by the
IRS, via radio, television, the printed press and other forms of
public communication media, warning of the "deadline" for filing
State and Federal forms, such as a "Form 1040 Income Tax Return"
and/or other IRS forms and documents; this therefore caused me
to file said forms under duress; and further,
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7. That, in addition to the aforesaid warnings, I have
also been influenced by the misleading and deceptive wording of
IRS publications and IRS-generated news articles, by the pressure
of widespread rumors and misinformed public opinion, and by the
advice and assurances of lawyers, C.P.A.'s and income tax
preparers which misled me to believe incorrectly that the 16th
Amendment to the Constitution for the united States of America
abolished the Fifth Amendment of that same Constitution and
authorized Congress to impose a direct tax on me, my property, my
exchanges of property and/or property received as a result of
exercising my Constitutionally secured right to contract; that I
was further misled into believing that I had a legal duty and
obligation to file a "Form 1040 Income Tax Return" and other IRS
and State tax forms, schedules and documents, and that I was
unaware of Title 28, Section 1746 wherein there are two perjury
clauses, one stating that you are within the "United States" and
one stating that you are without the "United States." The
perjury clauses on both State and Federal tax forms stipulate,
under penalty of perjury, that I was stating unknowingly that I
was within the "United States." This is an act of fraud by both
State and Federal taxing agencies. And further,
8. That I have also been further influenced, misled and
alarmed by rumors, by misinformed public opinion and by the
advice and assurances of lawyers, C.P.A.'s and income tax
preparers to the effect that "the IRS and the California Revenue
Department will get you," and that it would be a crime punishable
by fine and/or imprisonment if I did not fill out, sign and file
with the IRS a "Form 1040"; that, in point of fact, the only
person actually named within the IRC as a person required to
collect an income tax, to file an income tax return and to pay an
income tax is a "Withholding Agent"; and that, to the best of my
knowledge, I am not now, nor have I ever been a "Withholding
Agent"; and further,
9. That, in addition to all of the reasons stated in
paragraphs 6, 7 and 8 above, I was influenced by the common and
widespread practice of employers who, either knowingly or
unknowingly, without Power of Attorney, misled me and their
employees to believe that they and I must have a Social Security
Number and that all are subject to the withholding of "income
taxes" from their earnings, either with or without their
permission, based upon the employers' possible mistaken
assumption that they, as employers, are required by law to
withhold "income taxes" from the paychecks of their employees,
which is contrary to the Sections 3402(n), 7343 and 7701(a)(16)
of the IRC, absent a voluntary execution of Form W-4, the
"Employee's Withholding Allowance Certificate"; and further,
10. That I have also been mistakenly influenced and
mistakenly impressed by annual public displays and indiscriminate
public offerings by the IRS and the State of large quantities of
the Forms 1040 and 540 in banks, post offices, and through the
U.S. mail, which public displays and offerings also had the
effect of reminding me of, and inducing me to respond mistakenly
by filling out, signing and sending "Form 1040" to the IRS and
"Form 540" to the State Franchise Tax Board (FTB); and further,
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11. That said "Forms 1040" contained no reference to any
law or laws which would explain just exactly who is and who is
not subject to, or liable for, the income tax, State or Federal,
nor did it contain any notice or warning to anyone that merely
sending said completed "Form 1040" to the IRS would waive my
right to privacy, as secured by the 4th Amendment to the U.S.
Constitution, and also waive my right to not be a witness against
myself, as secured by the 5th Amendment to the U.S. Constitution,
and that a completed "Form 1040" would, in itself, constitute
legal evidence, admissible in a court of law, that the filer is
subject to and liable for the income/excise tax, even though and
regardless of the fact that I, as a free Sovereign natural born
Citizen (see 2:1:5, U.S. Constitution), am actually and legally
not subject to the statutory jurisdiction of Title 26, nor liable
for any income/excise tax, and regardless of the fact that, to
the best of my knowledge, I have no legal duty or obligation
whatsoever to complete and file any "Form 1040" or State income
tax forms, nor did they evidence Title 28, Section 1746; and
further,
12. That at no time was I ever notified or informed, by the
IRS or by the State of California, nor by any of their agents or
employees, nor by any lawyer, C.P.A., or tax preparer, of the
fact that the 16th Amendment to the U.S. Constitution, as
correctly interpreted by the U.S. Supreme Court in such cases as
Brushaber v. Union Pacific Railroad Co., 240 U.S. 1 (1916) and
Stanton v. Baltic Mining Co., 240 U.S. 103 (1916), identified the
income tax as an indirect excise tax in accordance with Article
1, Section 8, Clause 1 of the United States Constitution; that
the 16th Amendment to the U.S. Constitution, as correctly
interpreted by the U.S. Supreme Court, does not authorize a tax
on individuals but is applicable to nonresident aliens (e.g.
Frank Brushaber) who involve themselves in activities, events or
occupations which come under, or are within, the taxing authority
of the "United States", as explained in Treasury Decision 2313,
March 21, 1916; that the 16th Amendment was never actually
ratified nor could it have been enacted into positive law because
the requisite number of States (i.e., 36) did not meet the lawful
requirements for amending the Constitution; and that a mass of
incontrovertible material evidence available since the year 1985
proves that the act of "declaring" the 16th Amendment "ratified"
was an act of outright fraud by Secretary of State Philander C.
Knox in the year 1913; and further,
13. That at no time was I ever notified or informed by the
California Department of Revenue nor by the IRS, their agents or
employees, nor by any lawyer, C.P.A., or tax preparer, of the
fact that, because of various rulings of the U.S. Supreme Court
in such cases as Flint v. Stone Tracy Co., 220 U.S. 107 (1911),
and Pollock v. Farmer's Loan and Trust Co., 157 U.S. 492 (1895),
the indirect excise tax on incomes identified by the so-called
16th Amendment is also a tax upon corporate privileges granted by
government, which tax is measured by the amount of corporate
income (see Corporations Tax Act, Statutes at Large, 1909, vol.
XXXVI, section 38, page 112); that this indirect excise tax is
also imposed on the taxable income of foreign corporations, and
on the taxable income of nonresident aliens to the extent this
(latter) income is either effectively connected with the conduct
of a trade or business within the corporate jurisdiction of the
"United States", or derived from sources within the corporate
jurisdiction of the "United States" although not effectively
connected with the conduct of trade or business within the
corporate jurisdiction of the "United States", according to
Sections 871 and 872 of the IRC; and further,
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14. That my attention has been called to Report No. 80-19A,
entitled "Some Constitutional Questions Regarding the Federal
Income Tax Laws" published by the American Law Division of the
Congressional Research Service of the Library of Congress,
updated January 17, 1980; that this publication describes the
tax on "income" identified in the so-called 16th Amendment to the
U.S. Constitution as an indirect excise tax; that this report
stated: "The Supreme Court, in a decision written by Chief
Justice White, first noted that the 16th Amendment did not
authorize any new type of tax, nor did it repeal or revoke the
tax clauses of Article I of the United States Constitution,
quoted above.", and further stated: "Therefore, it can clearly
be determined from the decisions of the United States Supreme
Court that the income tax is an indirect tax, generally in the
nature of an excise tax ....", thus proving in my mind that the
"income tax" is not a tax on me as a free Sovereign natural born
Citizen (see 2:1:5, U.S. Constitution), but is, rather, an
indirect excise tax as described by the U.S. Supreme Court in
Flint v. Stone Tracy Co., 220 U.S. 107 (1911), wherein the high
Court defined excise taxes as "... taxes laid upon the
manufacture, sale, or consumption of commodities within the
country, upon licenses to pursue certain occupations, and upon
corporate privileges ....", none of which aforesaid
classifications apply to me; and further,
15. That I was unaware of the truth of the rarely
publicized statement by the IRS that the "income" tax system is
based upon "voluntary compliance with the law and self-assessment
of tax"; that I was unaware before June of 1990 of a posted
notice in the main lobby of the Federal Building in San
Francisco, California, outside the offices of the IRS, which
reads, in pertinent part, "The purpose of the Internal Revenue
Service is to ... encourage and achieve the highest degree of
voluntary compliance in accordance with the tax laws and
regulations."; that I was unaware before June of 1990 that Mr.
Roger M. Olsen, Assistant Attorney General, Tax Division,
Department of Justice, Washington, D.C., made the following
statement to an assemblage of tax lawyers on May 9, 1987: "We
encourage voluntary compliance by scaring the heck out of you.";
that it has never been either my intention nor my desire to
voluntarily self-assess an excise tax upon myself, nor to give up
my right to property, nor to voluntarily subject myself to such
an excise tax; that I had always thought that compliance was
required by law; and further,
16. That I have examined Sections 871 thru 878, 1441, 1442,
1443, 3401(c), 6001, 6011, 6012(a), 6331(a), 7203, 7205 and 7343
of the IRC (Title 26 U.S.C.), and I am entirely convinced and
completely satisfied that I am not now, nor was I ever, any such
"person" or individual referred to by these sections; and
further,
17. That, after careful study of the IRC, and after
consultations on the provisions of that Code with informed
lawyers, tax accountants and tax preparers concerning the
provisions of the IRC, I have never found or been shown any
sections of the IRC that imposed any requirement on me as a free
Sovereign natural born Citizen and unprivileged inhabitant,
living and working within a County within a State of the Union,
to file a "Form 1040 Income Tax Return" or any other State income
tax form, or that imposed a requirement upon me to pay a tax on
"income", or that would classify me as a "person liable", as a
"person made liable", or as a "taxpayer" as the term "taxpayer"
is defined in 26 U.S.C. Section 7701(a)(14), which states: "The
term 'taxpayer' means any person subject to any internal revenue
tax."; and further,
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18. That, after the study and consultations mentioned in
paragraph 17, the only mention of any possible requirement upon
me, as an individual, to pay a tax on "income", that I could
find, or was shown in 26 U.S.C., was the title of Part I under
Subtitle A, Chapter 1, Subchapter A (which is deceptively titled
"Tax on Individuals") and Section 6012(a), Subtitle F, Chapter
61-A, Part II-B, Subpart B, and the California Tax Statutes;
that a careful study and earnest examination of these parts of
the IRC revealed that the "individuals" to whom these sections
refer are, in fact, either individuals who work within a foreign
country like France and are taxed according to a tax treaty, or
they are nonresident aliens who receive income which is either
effectively connected with the conduct of a trade or business
within the corporate jurisdiction of the "United States", or
derived from sources within the corporate jurisdiction of the
"United States", although not effectively connected with the
conduct of trade or business within the corporate jurisdiction of
the "United States", according to Sections 871 and 872 of the
IRC; and that, to the best of my knowledge, I have never
conducted any trade or business within the corporate jurisdiction
of the "United States", nor have I ever derived income from
sources within the corporate jurisdiction of the "United States";
and further,
19. That, after the study and consultations mentioned in
paragraph 17 above, my attention was called to the IRC, Chapter
21, entitled "Federal Insurance Contributions Act" (Social
Security), and my attention was also called to Subchapter A of
Chapter 21 entitled "Tax on Employees", which includes Section
3101, wherein the (Social Security) tax is identified as a tax on
"income", not as an "Insurance Contribution", not as a "Tax on
Employees", and not as a tax on wages or earnings; that my
attention was further called to these facts: there is no
provision in the IRC that imposes the tax on employees or
requires them to pay the tax; a voluntarily signed and completed
Form W-4, "Employee's Withholding Allowance Certificate", allows
an employer to withhold money from a worker's pay for (Social
Security) "income" tax, even though the worker has claimed on
that form to be "exempt" from the graduated "income" tax; and an
employer has no authority to withhold money from a worker's pay
for the (Social Security) "income" tax, for the graduated
"income" tax, nor for any IRS-imposed penalty or assessment if
there is no voluntarily signed "W-4" form in force and a Form
2678, Granting Power of Attorney; and further,
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20. That, after the study and consultations described in
paragraph 17 above, my attention was called to Section 61(a) of
the IRC, which lists items that are sources of "income", and to
the following facts: that IRS Collections Summons Form 6638 (12-
82) confirms that these items are sources, not "income", by
stating that the following items are "sources": "wages,
salaries, tips, fees, commissions, interest, rents, royalties,
alimony, state or local tax refunds, pensions, business income,
gains from dealings in property, and any other compensations for
services (including receipt of property other than money).";
that sources are not "income", but sources become "income" if
they are entered as "income" on a signed "Form 1040", because the
signer affirms, under penalty of perjury (within the "United
States"), that the items entered in the "income" section of the
"Form 1040" are "income" to the signer; that Section 61(b)
clearly indicates which Sections of the IRC identify and list
items that are included in "income" by stating: "For items
specifically included in gross income, see Part II (sec. 71 and
following)"; and further,
21. That my attention was then called to the said Part II
entitled: "Items Specifically Included in Gross Income"; that I
studied sections 71 thru 87 and noticed that wages, salaries,
commissions, tips, interest, dividends, pensions, rents,
royalties, etc., are not listed as being included in "income" in
those Sections of the IRC; and that, in fact, those items are
not mentioned anywhere in any of these sections of the IRC; and
further,
22. That, after further diligent study, it appears entirely
clear to me that the only way that property received by me as a
free Sovereign natural born Citizen (see 2:1:5, U.S.
Constitution), living and working within the States of the Union,
in the form of wages, salaries, commissions, tips, interest,
dividends, rents, royalties and/or pensions could be, or could
have been legally considered to be "income", is if I voluntarily
completed and signed a "Form 1040 Income Tax Return", thereby
affirming, under penalty of perjury (within the "United States"),
that the information on such "Form 1040" was true and correct,
and that any amounts listed on the "Form 1040" in the "income"
block were "income", and thereby acknowledging under oath or
affirmation, that I am, or was, a taxpayer subject to the tax and
have, or had, a duty to file a "Form 1040 Income Tax Return"
and/or other IRS forms, documents and schedules, none of which
instruments I have ever signed with the understanding that I
signed them knowingly, voluntarily, and intentionally and by
means of knowingly intelligent acts done with sufficient
awareness of all the relevant circumstances and consequences (see
Brady v. United States, 397 U.S. 742); and that, when I have
sent in State and Federal tax forms purposely not signed, they
were returned to me with a letter instructing and stipulating
that I must sign the forms under the penalty of perjury, thereby
claiming that I was a "United States citizen" due to the wording
of the perjury clause (Title 28 U.S.C. 1746); and further,
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23. That, with good faith, with an honest reliance upon the
aforementioned U.S. Supreme Court rulings and with reliance upon
my constitutionally protected Natural Common Law Bill of Rights,
Amendments 1 thru 10 (1791), to lawfully contract, to lawfully
work and to lawfully acquire and possess property, I am convinced
and satisfied that I am not now, nor was I ever subject to,
liable for, or required to pay an income/excise tax; that I am
not now, nor have I ever been a "taxpayer", and there has never
been a Judicial Power proceeding in which it was ruled that I was
a "taxpayer" as that term is defined and used in the IRC; and
that I have never had any legal duties or obligations whatsoever
to file any "Form 1040" or to make any "income tax return", or to
sign or submit any other IRS "individual" forms or documents or
schedules, to pay any "individual" income tax, to keep any
personal financial records, or to supply any personal information
to the IRS; and further,
24. That the U.S. Congress, the International Monetary
Fund, the Federal Reserve Banks and the Internal Revenue Service,
by means of vague, deceptive and misleading words and statements
in the IRC, in the Code of Federal Regulations (CFR), in official
statements by IRS Commissioners in the Federal Register, in IRS
publications and in IRS-generated news articles, committed
constructive fraud and misrepresentation by misleading and
deceiving me, as well as the general public, into believing that
I was required to file "Form 1040 Income Tax Returns" and other
IRS forms, documents and schedules and that I was also required
to keep records, to supply information and to pay income taxes;
and further,
25. That, by reason of the aforementioned facts, I do
hereby exercise my rights as a free Sovereign natural born
Citizen (see 2:1:5, U.S. Constitution), upheld by various court
decisions, to revoke, to cancel and to render null and void, Nunc
Pro Tunc, both currently and retroactively to the time of
signing, based upon the constructive fraud and misrepresentation
perpetrated upon me by the Federal government, the U.S. Congress,
the IRS, the "State of California", its Revenue Department and
the Franchise Tax Board (FTB), all IRS and FTB forms, statements,
documents, returns, schedules, contracts, licenses, applications,
articles, certificates and/or commercial agreements ever signed
and/or submitted by me, or on my behalf by third parties
(including but not limited to Forms 1040 and attached schedules,
Forms W-2, Forms W-4, and Forms 1099) on the accounts bearing the
account numbers xxx-xx-xxxx, xx-xxxxxxx, and xx-xxxxxxx, and all
my signatures on any and all of the aforementioned items,
including the original "Social Security" application, which
caused the account bearing the account number xxx-xx-xxxx to be
established; that this notice of revocation is based upon my
rights with respect to constructive fraud and misrepresentation
as established in, but not limited to, the cases of Tyler v.
Secretary of State, 184 F.2d 101 (1962) and also El Paso Natural
Gas Co. v. Kysar Insurance Co., 605 Pacific 2d 240 (1979), which
stated: "Constructive fraud as well as actual fraud may be the
basis of cancellation of an instrument."; and further,
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26. That I do hereby declare that I am not and never was a
"taxpayer" as that term is defined in the IRC, a "person liable"
for any internal revenue tax, or a "person" subject to the
provisions of the IRC, and I do hereby declare that I am, and
have always been, a "nontaxpayer"; that courts have recognized
and acknowledged that individuals can be nontaxpayers, "... for
with them Congress does not assume to deal and they are neither
the subject nor the object of revenue laws ....", as stated in
the cases of Long v. Rasmussen, 281 F. 236 (1922), Delima v.
Bidwell, 182 U.S. 176, 179, and Gerth v. United States, 132 F.
Supp. 894 (1955); and further,
27. That evidence now available to me proves that the
Internal Revenue Service has to date failed to comply with the
clear and unambiguous requirements imposed on all federal
government agencies by the following Congressional statutes: the
Federal Register Act (44 U.S.C. 1501 et seq.), the Administrative
Procedures Act (5 U.S.C. 551 et seq.), and the Paperwork
Reduction Act (44 U.S.C. 3501 et seq.); that the IRS failure to
comply with the requirements of these statutes constitutes
further constructive fraud, breach of fiduciary trust between
sovereign Citizens and public servants, and violations of the
solemn oaths of office required of federal government officials,
thereby relieving me of any and all legal duties which could or
might otherwise exist for me to file any returns, schedules, or
other documents with the IRS; and that, after having read these
three statutes and summaries of related case law, I thereby
conclude that there is no reason why the IRS would be exempt from
any of the clear and unambiguous requirements imposed upon
federal government agencies by these three statutes,
notwithstanding any and all allegations to the contrary that
heretofore may have been published by the IRS or the Treasury
Department in the Federal Register without also citing the proper
legal authorities, if any, for such allegations; and further,
28. That recent diligent studies have convinced me of the
above, and that as such I am not "subject to" the territorially
limited "exclusive legislation" nor to the foreign jurisdiction
mandated for the District of Columbia, federal enclaves, federal
territories, and federal possessions by Article 1, Section 8,
Clauses 17 and 18 and Article 4, Section 3, Clause 2 of the U.S.
Constitution, including its "internal" governmental organizations
therein (hereinafter referred to as the "Federal Legislative
Democracy" and elsewhere referred to in this Affidavit as the
"corporate jurisdiction of the United States"); that I am not
"subject to" this foreign jurisdiction by reason of any valid
contract or any valid commercial agreement resulting in adhesion
thereto across America, nor are millions of other American
Citizens, unless they have provided "waivers of rights guaranteed
by the Constitution" by means of "knowingly intelligent acts,"
such as contracts or commercial agreements with such
government(s) "with sufficient awareness of the relevant
circumstances and likely consequences," as ruled by the U.S.
Supreme Court in Brady v. U.S., 397 US 742 at 748 (1970); and
that I myself have given no such "waivers"; and further,
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29. That these same diligent studies have also proved to me
that misrepresentation and a shrewd and criminal constructive
fraud have been perpetrated upon America Citizens by government,
under counterfeit "color of law," through the apparent
entrapments of "certain ACTIVITIES (monopoly occupations) and
PRIVILEGES (other benefits)" allowed by statutory acts or
otherwise; that, by reason of American Law which has never been
repealed, such sources of past and present criminal element in
and behind government should be brought to justice in a
Constitutional Court of Law for aiding and abetting this
misrepresentation and constructive fraud as willing accomplices;
that it is for such a Court, with a 12-member jury of peers, to
decide who is and who is not guilty among personnel of
government, media, schools, lawyers, accountants, clergy and
other purveyors of misinformation and other mind-set propaganda,
in this and related regards; and further,
30. That, due to such shrewd entrapments over the years, I
have unwittingly signed many related documents, contracts, and
commercial agreements, some even under the "perjury" jurat
(within the "United States") as was supposedly required; with
American Law on my side, I hereby revoke and cancel any and all
such signatures and render them null and void, except for those
which I may choose to have considered as being under "TDC"
(Threat, Duress and/or Coercion), past and present; that this is
also my lawful notice that all such signatures of mine in the
future on instruments of government or other entities, including
banks, which might otherwise result in contract adhesion, are to
be considered as being under "TDC", whether appearing therewith
or otherwise; that my Constitutional "Privileges and Immunities"
(per Article 4, Section 2) are apart from those mandated for the
Federal Legislative Democracy by Article 1, Section 8, Clauses 17
and 18 and by Article 4, Section 3, Clause 2, and shall not by
Law be violated ever; and that my status, in accord, is stated
for all to see and know in 2:1:5, 1:2:3, 4:2:1 and 3:2:1 of the
Constitution for the united States of America. And further,
31. That, with this accurate knowledge and with "the
supreme Law of the Land" (Article 6, Section 2) again on my side,
I do Lawfully and "squarely challenge" the fraudulent, usurping,
octopus-like authority and jurisdiction cited above in paragraph
28, which authority and jurisdiction do not apply to me (see
Hagans v. Lavine, 415 US 528 at 533); it is, therefore, now
mandatory for any personnel of the Federal Legislative Democracy
or its agents to FIRST PROVE its "jurisdiction," if any, over me
before any further procedures can take place in my regard, per
Title 5 United States Code, "Government Organization and
Employees," Section 556(d), specifically by disclosing in writing
any and all contracts or other commercial agreements whereby the
Federal Legislative Democracy and its agents claim to have
obtained controlling interest in me such that my specific
performance to any third party debt or obligation can be
compelled; OR ELSE any of its personnel and accomplices who
willfully violate this statute can and shall be personally
charged as citizens under Title 18 U.S. Criminal Codes 241, 242,
1001 and/or otherwise; and, in fairness, it must be added that,
to my knowledge, IRS agents have NO written lawful "Delegation of
Authority" within the 50 States and their so-called "Form 1040"
appears to be a bogus and bootleg document on its face; and
further,
Letters to Social Security Administration:
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32. That, with all of the above in mind, it appears that
this free Sovereign natural born American Citizen is, by Law, as
"foreign" and as much a "Nonresident Alien" with respect to the
Federal Legislative Democracy as he is to France, and thus shall
be free to use related Forms of the Federal Legislative Democracy
if and when they might be needed, required and/or appropriate at
various future times and places yet to be determined (see
paragraphs 12, 13 and 18 above), including but not limited to
Form W-8 ("Certificate of Foreign Status") for banks and/or other
financial institutions, Forms 1040X ("Amended U.S. Individual
Income Tax Return") and 1040NR ("U.S. Nonresident Alien Income
Tax Return") for refunds and for correcting the administrative
record, and IRC Section 3402(n) which authorizes certificates of
exemption from withholding.
33. That, since my date of birth on June 21, 1948, I have
always been a NONRESIDENT ALIEN with respect to the Federal
Legislative Democracy of the "United States", never having
resided, worked, nor having any income, to the best of my
recollection, from any sources within the District of Columbia,
Puerto Rico, Virgin Islands, Guam, American Samoa, Northern
Mariana Islands, the Trust Territory of the Pacific Islands or
any other territory or possession within the "United States",
which entity obtains its exclusive legislative authority and
jurisdiction from Article 1, Section 8, Clauses 17 and 18 and
Article 4, Section 3, Clause 2 of the U.S. Constitution; that I
have always been a non-taxpayer outside the venue and
jurisdiction of Title 26, United States Code; that, to the best
of my knowledge, I have never had any "U.S. trade or business" as
defined in Title 26 and in 26 C.F.R.; that, to the best of my
knowledge, I have never had any "gross income" from any U.S.
sources, as the term "gross income" is defined in 26 U.S.C.
872(a); and further,
34. That my use of IRS Forms 1040X and 1040NR shall be
presumed to mean that they were filed solely to correct the
administrative record permanently, retroactively to June 21,
1948, so as to claim any lawful refunds that may be due, to rebut
any erroneous presumptions and/or terminate any erroneous
elections of U.S. "residence" which may have been established in
error by the filing of any prior IRS forms, schedules and other
statements by mistakes resulting in part from the demonstrable
vagueness that is evident in Title 26 and its regulations, and by
mistakes resulting also from the constructive fraud and
misrepresentation mentioned throughout this Affidavit; that I
was neither born nor naturalized in the "United States", I have
never been subject to its jurisdiction, and I have never been a
"United States citizen" as defined in 26 C.F.R. 1.1-1 and as
defined in the so-called 14th Amendment to the U.S. Constitution;
and further,
Letters to Social Security Administration:
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35. That I am not now, nor have I ever knowingly,
intentionally and voluntarily, with informed consent, entered
into any personal, internal, public or private agreement,
contract, stipulation, account or similar contrivance with the
"United States", the "Federal Government" or the "District of
Columbia", its territories, its agencies or other property
appurtenant thereto, which would have altered or waived my de
jure, Sui Juris status, or my natural unalienable God-given
natural rights; that any such agreement, contract, expressed or
implied, such as a Social Security number and application, or
Driver's License, or Bank Signature Card, or the use of Federal
Reserve Notes (which are not lawful Specie) etc., have all been
hereby revoked, due to the fraudulent withholding of material
facts, which became a snare and a trap and, as such, are a Bill
of Attainder on this free Sovereign natural born Citizen and
inhabitant in the united States of America, for I cannot become a
nexus by the effect of a fraudulent nexum, because my status and
unalienable natural rights are not negotiable, and the
government, both State and Federal, has not proved that they ever
had jurisdiction to change my status, as required by Title 5
U.S.C. Section 556(d), or as defined and set out as a
Constitutional requirement in Hagans v. Lavine, 415 U.S. 528, 533
(see also Brady v. United States, 397 U.S. 742 at 748); that any
change of status would lawfully have to take place in a Common
Law (judicial power) court under the due process clause of the
5th Amendment to the U.S. Constitution; and further,
36. That this is to certify that I, John E. Trumane, am a
free Sovereign natural born Citizen and inhabitant in the united
States of America, living and breathing in California state,
living and working in Marin County, living under the Common Law,
having assumed, among the powers of the Earth, the Separate and
Equal Station to which the Laws of Nature and Nature's God
entitles me, in order to secure the Blessings of Liberty to
Myself and my Posterity, and in order to re-acquire the
Birthright that was taken from me by fraud, do hereby asseverate
and revoke all feudatory contracts with the Federal government
and its agencies and with the corporate State of California and
its agencies, for I, John E. Trumane, being of sound mind and
body, do not choose, nor have I ever chosen, to give up,
relinquish or otherwise waive any of my God-given, natural,
Constitutionally secured rights; and further,
37. That my use of the phrase "WITH EXPLICIT RESERVATION OF
ALL MY RIGHTS AND WITHOUT PREJUDICE UCC 1-207 (UCCA 1207)" above
my signature on this document indicates: that I explicitly reject
any and all benefits of the Uniform Commercial Code, absent a
valid commercial agreement which is in force and to which I am a
party, and cite its provisions herein only to serve notice upon
ALL agencies of government, whether international, national,
state, or local, that they, and not I, are subject to, and bound
by, all of its provisions, whether cited herein or not; that my
explicit reservation of rights has served notice upon ALL
agencies of government of the "Remedy" they must provide for me
under Article 1, Section 207 of the Uniform Commercial Code,
whereby I have explicitly reserved my Common Law right not to be
compelled to perform under any contract or commercial agreement,
that I have not entered into knowingly, voluntarily, and
intentionally; that my explicit reservation of rights has served
notice upon ALL agencies of government that they are ALL limited
to proceeding against me only in harmony with the Common Law and
that I do not, and will not accept the liability associated with
the "compelled" benefit of any unrevealed commercial agreements;
and that my valid reservation of rights has preserved all my
rights and prevented the loss of any such rights by application
of the concepts of waiver or estoppel. And further,
Letters to Social Security Administration:
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38. That I reserve my unalienable right to amend this
Affidavit at times and places of my own choosing, according as
new facts and revelations are made available to me at various
future times and places as yet unknown, and as yet to be
determined, given the massive fiscal fraud which has now been
sufficiently revealed to me by means of material and other
reliable evidence which constitutes satisfactory and
incontrovertible proof of the fraud to which I refer in this
paragraph and elsewhere in this Affidavit.
39. That I affirm under penalty of perjury, under the
Common Law of America, without the "United States", that the
foregoing is true and correct, to the best of my knowledge; and
Further This Affiant saith not.
Subscribed and affirmed to Nunc Pro Tunc on the date of my
majority, which day was June 21, 1969.
Subscribed, sealed and affirmed to this ________________ day of
___________________________, 1982.
I now affix my own signature to all of the above affirmations
WITH EXPLICIT RESERVATION OF ALL MY RIGHTS AND WITHOUT PREJUDICE
UCC 1-207 (UCCA 1207):
/s/ John E. Trumane
_________________________________________________________________
John E. Trumane, Citizen/Principal, by special Appearance, in
Propria Persona, proceeding Sui Juris, with Assistance, Special,
"Without Prejudice" to any of my unalienable rights.
John E. Trumane
c/o General Delivery
San Rafael, California state
Letters to Social Security Administration:
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Acknowledgement
CALIFORNIA STATE/REPUBLIC )
) Subscribed, Sworn and Sealed
MARIN COUNTY )
On this ______ day of ______________________________, 1982,
John E. Trumane did personally appear before me, and is known to
be the one described in, and who executed, the foregoing
instrument, and acknowledged that he executed the same as his
free act and deed as a Citizen/Sovereign in this above named said
State of the Union. Purpose of notary is for identification
only, and not for entrance into any foreign jurisdiction.
_____________________________________
Notary Public
Letters to Social Security Administration:
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Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
July 15, 1982
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Subject: CEASE AND DESIST ORDER
NOTICE OF PERSONAL LIABILITY
Dear Mr. Blevins:
Please be advised that the attached letter dated July 15, 1982
contains, among other things, a CEASE AND DESIST ORDER and a
NOTICE OF PERSONAL LIABILITY hereby served on your person and on
the other persons listed in the attached CERTIFICATE OF SERVICE
BY MAIL.
Your receipt of this letter and the attached letter means that
you acknowledge receipt of this CEASE AND DESIST ORDER and that
you acknowledge receipt of this NOTICE OF PERSONAL LIABILITY.
Please also note that I object to your use of a ZIP code when
addressing mail to me, if such a ZIP code could be construed to
mean that I am "subject" in any way to the "United States". I am
consistently informed by employees of the U.S.P.S. that the only
purpose of ZIP codes is to expedite the delivery of mail.
Instead, please use the above mailing address, exactly as shown,
in any and all future correspondence with me.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
with explicit reservation of all my unalienable rights
and without prejudice to any of my unalienable rights
Letters to Social Security Administration:
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copies: Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Letters to Social Security Administration:
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C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
fifteenth day of July, 1982, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Dated July 15, 1982
/s/ John E. Trumane
_________________________________________________________________
John E. Trumane, Citizen/Principal, by Special Appearance, in
Propria Persona, proceeding Sui Juris, with Assistance, Special,
"Without Prejudice" to any of my unalienable rights.
Letters to Social Security Administration:
Page 19 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
July 15, 1982
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Dear Mr. Blevins:
Your letter to me, date-stamped July 7, 1982, and postmarked July
9, 1982, contains erroneous presumptions by you which are hereby
rebutted as follows:
"Wish to Revoke"
Your letter contains statements which evidence a presumption on
your part that I wish to revoke my signature on my Application
for a Social Security Card (SS-5) and other documents. This
presumption of yours is hereby rebutted. I do not "wish" to
"revoke" my signature on these documents, nor have I requested
that you "honor" any "request" by me, because such a "request"
could be construed to mean that my original SS-5 was valid at its
inception and that I now need your approval for such a "request".
On the contrary, my letter of May 5, 1982 carefully utilized the
phrase "to unilaterally revoke" so as to make it clear that I
have unilaterally declared the contract void from its inception
and I have put an end to it as though it never were. This clear
interpretation of my words, and the clear intent of those words,
are fully supported by the following definitions in Black's Law
Dictionary, Sixth Edition, to wit:
Revoke. To annul or make void by recalling or taking back.
To cancel, rescind, repeal, or reverse, as to revoke a
license or will.
Rescission of contract. To declare a contract void in its
inception and to put an end to it as though it never were.
A "rescission" amounts to the unmaking of a contract, or an
undoing of it from the beginning, and not merely a
termination, and it may be effected ... by one of the
parties declaring rescission of contract without consent of
other if a legally sufficient ground therefor exists ....
It necessarily involves a repudiation of the contract and a
refusal of the moving party to be further bound by it. ...
An act of an equitable nature in which a party seeks to be
relieved of his obligations under a contract on the grounds
of mutual mistake, fraud, impossibility, etc.
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When I use the phrase "to unilaterally revoke" in this and all
prior documents served on your Agency, this phrase has a meaning
that is synonymous with the phrase "to rescind the contract".
That these meanings are synonymous is clearly substantiated by
the above definitions from Black's Law Dictionary, Sixth Edition.
This letter and all my prior documents detail numerous valid
grounds for rescinding the original Social Security contract in
application, in account, and in number. Mutual mistake, fraud,
duress and coercion are legally sufficient grounds on which I am
entitled to repudiate, and refuse to be further bound in any way
by, my original Social Security application, account, and number.
The burden of proving fraud generally falls on the moving party.
I have already carried my burden of proving the mutual mistake,
fraud, duress and coercion which together constitute legally
sufficient grounds for unilaterally repudiating the contract(s)
in question (see my letter of May 5, 1982, page 4).
To the extent that, and insofar as my signature dated March 23,
1982 on Form SSA-521 can or should be construed to mean that I
have "requested" consent of the Social Security Administration
for withdrawal of my original SS-5 application, I hereby withdraw
any such "request" because it was a mistake; I unilaterally
rescind my signature on this Form SSA-521; and I unilaterally
rescind my original SS-5 application without the consent of your
Agency, for the several reasons stated in this letter and in all
other documents previously served on your Agency. Nothing in
this letter, or in any previous documents already served on your
Agency, can or should be construed in any way as a grant of
jurisdiction to the "United States", its agencies or its assigns.
General Rebuttal
Your letter contains statements which have been made contrary to
numerous facts which are contained in my Affidavits and other
documents previously served on your Agency. You and your Agency
have now had ample opportunity to rebut any and all of those
facts, and neither you nor your Agency have now done so.
Accordingly, your failure to rebut any of those facts now renders
them all conclusive, permanently for the record. You and your
Agency are now forever barred and estopped from challenging those
facts as stated.
As a member of the Sovereignty by right of birth and hereditary
succession, I belong to that group by whose authority the United
States Constitution was created. The Congress was created, in
turn, by that Constitution. The Social Security Act to which you
refer is, in turn, a creation of that Congress. Regardless of
your status prior to becoming an employee of the federal
government, your current status as a federal employee necessarily
subjects you to the letter of that "law". I am not subject
either to the letter or to the spirit of that "law", however.
Letters to Social Security Administration:
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Even though and regardless of the fact that you are evidently
restricted by law from unilaterally rescinding an original SS-5
application, I am not subject to any such restriction. As
someone who has explicitly reserved all my unalienable rights
without prejudice to any of my unalienable rights, I specifically
retain my right to rescind and cancel my original Social Security
application, for the several reasons stated in my Affidavits, in
this letter and in other documents, and to render it null and
void from its inception. The documents which I have already
served on the Social Security Administration, including this
letter to you, are prima facie evidence that I have already
exercised that right, the exercise of which is entirely within my
Sovereign power and authority to do.
The Social Security Administration is bound by the provisions of
the Uniform Commercial Code. The conclusive facts as stated in
my Affidavits and other documents now constitute material proof
that my original Social Security application was an
unconscionable contract ab initio (from its inception) because,
among many other reasons, it was lacking in meaningful choice on
my part. You and your Agency have already been notified via
those documents, and I hereby notify you and your Agency again,
that I have explicitly reserved all my unalienable rights,
without prejudice to any of my unalienable rights. This means
that I explicitly reject any and all benefits of the Uniform
Commercial Code, absent a valid commercial agreement which is in
force and to which I am a party, and cite its provisions herein
only to serve notice upon all agencies of government, whether
international, national, state, or local, that they, and not I,
are subject to, and bound by, all of its provisions, whether
cited herein or not.
Furthermore, my explicit reservation of rights has served notice
upon all agencies of government, including but not limited to the
Social Security Administration, of the "Remedy" which you must
provide for me under Article 1, Section 207 of the Uniform
Commercial Code, whereby I have explicitly reserved my Common Law
right not to be compelled to perform under any contract or
commercial agreement that I have not entered into knowingly,
voluntarily, and intentionally.
On the contrary, my previous entry into the Social Security
system was unknowing, involuntary, and unintentional; it was
based upon demonstrable misrepresentation, fraud, duress and
coercion by the federal government because:
1. it was imposed upon me under duress and coercion by a
foreign employer who had been deceived, as indeed are
virtually all employers, into believing that Social Security
was mandatory, and who would not otherwise engage me;
2. I too was misled to believe, by government-fostered fraud
and misrepresentation, that participation in the Social
Security system was mandatory for me;
3. the Social Security Administration did not disclose to me
that participation was strictly voluntary, or that employers
are under no requirement to hire only individuals who have a
Social Security Number;
4. the Social Security Administration did not reveal to me the
implications of thus being connected to the "United States",
which entity has its origin and jurisdiction in 1:8:17 and
4:3:2 in the U.S. Constitution (aka "The Federal Zone");
Letters to Social Security Administration:
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5. the Social Security Administration did not reveal that the
monies collected from me were treated like an excise tax and
were not allocated to a Social Security or other fund;
6. the Social Security Administration did not disclose to me
that earnings from labor, in and of themselves, are not a
revenue-taxable activity that is subject to excise taxes;
7. the Social Security Administration did not and has not
informed me that the Federal Insurance Contributions Act is
neither a contribution nor insurance, but an excise tax,
thus being misleading and misrepresented by title; and
8. I was a minor not of lawful, contracting age when I entered
the Social Security contract.
For these reasons, and for the numerous reasons already
documented in the Affidavits and other documents previously
served on your Agency, I reiterate my prior election to renounce
my Social Security Number and withdraw from the system entirely.
I have not heretofore received any benefits or payments under the
Social Security Act.
Having made this election to discontinue all further
participation in the Social Security system, I hereby demand the
return of all monies collected from me under the guise of Social
Security and Hospital Insurance. Out of sheer generosity, I make
this demand without claim for any interest or increment for
inflation. I further agree to waive all future Social Security
benefits that have, or would have, accrued to me by virtue of my
prior uninformed, fraudulent, and coerced submission to the
Social Security contract.
My Social Security application, contract, account and number are,
therefore, null and void from their inception, as are any
adhesions which may, now or in the future, be claimed by agencies
of the federal government, or by any undisclosed third-parties
such as the Federal Reserve banks and/or the International
Monetary Fund, as a result of an application, contract, account
and number that are all null and void ab initio (from their
inception).
Notice of Personal Liability
Any further attempts by you and/or others in your Agency to
assert the validity of that invalid application, contract,
account, and/or number, in the face of clear and uncontested
evidence to the contrary, will be noted and can be used as prima
facie evidence of your willingness to violate and otherwise
contravene my unalienable rights and my Constitutionally secured
rights as a Sovereign Freeman. These rights include, but are not
limited to, those which are enumerated in my Affidavits and other
documents, including this letter.
Letters to Social Security Administration:
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You are hereby warned that you can and will be held personally
liable for any future attempts to violate my fundamental,
unalienable rights by acts on your part which attempt to compel
my specific performance to any third-party debt or obligation
created through the unlawful assertion of an invalid Social
Security application, contract, account and/or number. As an
employee of the federal government, you are under a legal
obligation to recognize that: "Constructive fraud as well as
actual fraud may be the basis of cancellation of an instrument,"
El Paso Natural Gas Co. v. Kysar Insurance Co., 605 Pacific 2d
240 (1979). Your ignorance of the law is no excuse in this
matter.
General Assertion of Rights
For your information, I am not subject to any foreign
jurisdiction by reason of any valid contract or commercial
agreement resulting in adhesion across America, nor are millions
of other Sovereign Citizens, unless they have provided waivers of
rights, guaranteed by the Constitution, by means of knowingly
intelligent acts such as contracts or commercial agreements with
such government(s) "... with sufficient awareness of the relevant
circumstances and likely consequences ...", as ruled by the U.S.
Supreme Court in Brady v. U.S., 397 U.S. 742, 748 (1970). I have
given no such waivers, nor is it possible that I could have given
such waivers by reason of a Social Security application executed
long before my age of majority. Therefore, the Social Security
application, contract, account and number at issue are all
necessarily null and void, ab initio, notwithstanding any and all
unsubstantiated statements by you to the contrary.
Notice of Past Deadline
Please also take note that your response to my letter of May 5,
1982 to Delmar D. Dowling was not timely. A timely response to
my letter of May 5, 1982 would have been addressed on or before
June 5, 1982. Your letter to me was date-stamped July 7, 1982.
Therefore, I am entitled to the conclusive presumption that,
after June 5, 1982, you were barred, by virtue of the doctrine of
estoppel by acquiescence, from any further challenge to my
statements as contained herein and as contained in all my
documents previously served on your Agency.
Cease and Desist Order
Therefore, you and all others within your Agency are hereby
ordered to cease and desist any further attempts to assert the
validity of an invalid Social Security application, contract,
account, and number, for all of the reasons stated hereinabove
and in all previous documents already served on your Agency.
Your failure to obey this order to cease and desist will make it
necessary for me to serve on your person the legal documents
necessary to substantiate my claim of one or more violations by
you of my fundamental, inherent rights, which documents shall
include but not be limited to affidavits of probable cause,
copies of which will be forwarded to appropriate government
officials of California state.
Letters to Social Security Administration:
Page 24 of 153
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
with explicit reservation of all my unalienable rights
and without prejudice to any of my unalienable rights
copies: Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
attachments: copies of documents relevant to rescissions
of Social Security and birth certificate,
in reverse chronological order
Letters to Social Security Administration:
Page 25 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
fifteenth day of July, 1982, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Dated July 15, 1982
/s/ John E. Trumane
_________________________________________________________________
John E. Trumane, Citizen/Principal, by Special Appearance, in
Propria Persona, proceeding Sui Juris, with Assistance, Special,
"Without Prejudice" to any of my unalienable rights.
Letters to Social Security Administration:
Page 26 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael, California
March 9, 1982
Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Postal Zone 21235
Dear Commissioner:
Enclosed please find a notarized affidavit which revokes my Birth
Certificate and revokes any Power of Attorney attached thereto.
Please be so kind as to forward the enclosed affidavit to all
appropriate governmental office(s), so that proper notice can be
taken of its contents, and suitable action(s) can be taken to
comply with its mandates.
If I do not hear from you within ninety (90) days of the above
date, I will presume that my statements are correct and that you
do not have any rebuttal.
Thank you very much for your consideration.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
WITH EXPLICIT RESERVATION OF ALL MY RIGHTS
AND WITHOUT PREJUDICE UCC 1-207 (UCCA 1207)
enclosure: NUNC PRO TUNC REVOCATION OF CONTRACT
AND REVOCATION OF POWER ASSEVERATION
Letters to Social Security Administration:
Page 27 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
L E T T E R O F T R A N S M I T T A L
c/o General Delivery
San Rafael, California
March 23, 1982
Social Security Administration
Office of the Commissioner
6301 Security Boulevard
Baltimore, Maryland
Dear Commissioner:
Attached please find the following documents:
REQUEST FOR WITHDRAWAL OF APPLICATION, FORM SSA-521
COVER LETTER PURSUANT TO FORM SSA-521
NUNC PRO TUNC ESTOPPEL AT LAW AND
PUBLIC NOTICE REVOCATION AFFIDAVIT
FOREIGN STATUS AFFIDAVIT
Please be so kind as to forward the enclosed documents to all
appropriate governmental office(s), so that proper notice can be
taken of their contents, and suitable action(s) can be taken to
comply with their mandates.
If I do not hear from you within ninety (90) days of the above
date, I will presume that my statements are correct and that you
do not have any rebuttal.
Thank you very much for your consideration.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
WITH EXPLICIT RESERVATION OF ALL MY RIGHTS
AND WITHOUT PREJUDICE TO ANY OF MY RIGHTS
Letters to Social Security Administration:
Page 28 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
May 5, 1982
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
6301 Security Boulevard
Baltimore, Maryland
Dear Mr. Dowling:
Your letter to me, date-stamped April 15, 1982 and postmarked
April 28, 1982, contains a multitude of erroneous, irrelevant,
and immaterial presumptions which are rebutted as follows:
"Employee" Presumption
Your letter contains a number of statements which evidence a
presumption on your part that I am an "employee" as that term is
defined in Title 26 and in Title 42. I am not an "employee"; I
am not a "covered employee"; I am not an "employer"; and I do
not have an "employer". The numerous legal documents which I
have already served on the Social Security Administration contain
absolutely no statements which even remotely suggest that I am an
"employee", or that I have an "employer", as those terms are
defined by federal statute. Your willingness to introduce into
the administrative record statements which are erroneous,
irrelevant, and immaterial evidences bad faith on your part. You
are under the obligation of good faith imposed at several places
in the Uniform Commercial Code (see e.g. 1-203).
Immigration and Naturalization
Your letter recommends that I contact the Immigration and
Naturalization Service (INS) for a determination regarding my
"citizenship status". Again, the numerous legal documents which
I have already served on the Social Security Administration
contain absolutely no statements which even remotely suggest that
I immigrated into this country, or that I was ever naturalized.
If you had read these documents carefully, you would have
discovered that I was natural born on June 21, 1948 in the
Commonwealth of Massachusetts and I have inhabited California
state since 1952 (see 2:1:5 in the Constitution for the united
States of America). As such, I am a member of the Sovereignty,
and there is no reason to expect that INS will have any
information pertinent to my status as a Sovereign. Again, your
evident failure to read all the statements contained in my
Affidavits and other documents constitutes further proof of bad
faith on your part.
Letters to Social Security Administration:
Page 29 of 153
There is absolutely no need for me to request of the INS a
determination concerning whether I am a "U.S. citizen" as that
term is defined in Titles 26, 42 and their regulations. My right
to be "present" in these united States of America is a birthright
which is unalienable, fundamental and inherent. According to the
Declaration of Independence, I am endowed with this birthright by
my Creator, and not by any one or any thing else, and certainly
not by the Immigration and Naturalization Service and not by the
Social Security Administration in any event.
You have stated that you cannot honor my request to adjust your
records regarding my "citizenship" status because, as you state,
the Social Security Administration does not have the authority to
determine whether my "status should be changed". Your statement
contains a non sequitor. First of all, I have not requested a
determination whether my status should be changed. I have not
requested any change of status. My status has not changed, and
there is no need to change my status.
The administrative record is another matter, however. If it
contains errors of any kind, you are under the obligation of good
faith to correct those errors, if and when they are discovered.
If that administrative record contains data and/or other
information which suggests that I am a "United States citizen" as
that term is defined in Title 26 and Title 42, then the contents
of that record were premised upon a mutual mistake of fact
regarding my true status. Accordingly, you are under the
obligation of good faith to correct any and all errors contained
in that administrative record, using the correct information
already supplied to you. You are expected to understand that
correcting errors is entirely different from changing my status.
Constitutionality of Social Security Act
Your letter contains a statement that the Supreme Court has held
the Social Security Act to be constitutional not long after the
law's enactment in the 1930s. That may be so, but there is
nothing in my documents to suggest that I have challenged the
constitutionality of the Social Security Act. I certainly do
reserve the right to so challenge the Act, at any time in the
future. Nothing in this letter, nor in my Affidavits, nor in
other documents already served on your Agency, can or should be
construed to mean that I have waived my right to challenge the
constitutionality of any act of Congress, now or in the future.
General Rebuttal
Your letter contains a set of statements which have been made
contrary to numerous facts which are contained in my Affidavits
and other documents served on your Agency. You have now had
ample opportunity to rebut any and all of those facts, and you
have not done so. Accordingly, your failure to rebut any of
those facts now renders them all conclusive, permanently for the
record. You are now forever barred and estopped from challenging
those facts as stated.
Letters to Social Security Administration:
Page 30 of 153
As a member of the Sovereignty by right of birth and hereditary
succession, I belong to that group by whose authority the United
States Constitution was created. The Congress was created, in
turn, by that Constitution. The Social Security Act to which you
refer is, in turn, a creation of that Congress. Regardless of
your status prior to becoming an employee of the federal
government, your current status as a federal employee necessarily
subjects you to the letter of that "law". I am not subject
either to the letter or to the spirit of that law, however.
Even though you are evidently restricted by law from unilaterally
revoking an original SS-5 application, I am not subject to any
such restriction. As someone who has explicitly reserved all my
unalienable rights without prejudice to any of my unalienable
rights, I specifically retain my right to unilaterally revoke and
cancel my original Social Security application, for the several
reasons stated in my Affidavits, this letter and other documents,
and to render it null and void from its inception. The documents
which I have now served on the Social Security Administration,
including this letter, are prima facie evidence that I have, in
effect, already exercised that right, the exercise of which is
entirely within my Sovereign power and authority to do.
The Social Security Administration is bound by the provisions of
the Uniform Commercial Code. The conclusive facts as stated in
my Affidavits and other documents now constitute material proof
that my original Social Security application was an
unconscionable contract ab initio because, among many other
reasons, it was lacking in meaningful choice on my part. You
have already been notified via those documents, and I hereby
notify you again, that I have explicitly reserved all my
unalienable rights, without prejudice to any of my unalienable
rights. This means that I explicitly reject any and all benefits
of the Uniform Commercial Code, absent a valid commercial
agreement which is in force and to which I am a party, and cite
its provisions herein only to serve notice upon all agencies of
government, whether international, national, state, or local,
that they, and not I, are subject to, and bound by, all of its
provisions, whether cited herein or not.
Furthermore, my explicit reservation of rights has served notice
upon all agencies of government, including but not limited to the
Social Security Administration, of the "Remedy" which you must
provide for me under Article 1, Section 207 of the Uniform
Commercial Code, whereby I have explicitly reserved my Common Law
right not to be compelled to perform under any contract or
commercial agreement that I have not entered into knowingly,
voluntarily, and intentionally.
On the contrary, my previous entry into the Social Security
system was unknowing, involuntary, and unintentional; it was
based upon demonstrable misrepresentation, fraud, duress and
coercion by the federal government because:
Letters to Social Security Administration:
Page 31 of 153
1. it was imposed upon me under duress and coercion by a
foreign employer who had been deceived, as indeed are
virtually all employers, into believing that Social Security
was mandatory, and who would not otherwise engage me;
2. I too was misled to believe, by government-fostered fraud
and misrepresentation, that participation in the Social
Security system was mandatory for me;
3. the Social Security Administration did not disclose to me
that participation was strictly voluntary, or that employers
are under no requirement to hire only individuals who have a
Social Security Number;
4. the Social Security Administration did not reveal to me the
implications of thus being connected to the "United States",
which entity has its origin and jurisdiction in 1:8:17 and
4:3:2 in the U.S. Constitution (aka "The Federal Zone");
5. the Social Security Administration did not reveal that the
monies collected from me were treated like an excise tax and
were not allocated to a Social Security or other fund;
6. the Social Security Administration did not disclose to me
that earnings from labor, in and of themselves, are not a
revenue-taxable activity that is subject to excise taxes;
7. the Social Security Administration did not and has not
informed me that the Federal Insurance Contributions Act is
neither a contribution nor insurance, but an excise tax,
thus being misleading and misrepresented by title; and
8. I was a minor not of lawful, contracting age when I entered
the Social Security contract.
For these reasons, and for the numerous reasons already
documented in the Affidavits and other documents previously
served on your Agency, I reiterate my prior election to renounce
my Social Security Number and withdraw from the system entirely.
I have not heretofore received any benefits or payments under the
Social Security Act. Neither has anyone else received benefits
by virtue of my prior participation in the Social Security
system.
Having made this election to discontinue all further
participation in the Social Security system, I hereby demand the
return of all monies collected from me under the guise of Social
Security and Hospital Insurance. Out of sheer generosity, I make
this demand without claim for any interest or increment for
inflation. I further agree to waive all future Social Security
benefits that have, or would have, accrued to me by virtue of my
prior uninformed, fraudulent, and coerced submission to the
Social Security contract.
My Social Security application, contract and account are,
therefore, null and void from their inception, as are any
adhesions which may, now or in the future, be claimed by agencies
of the federal government, or by any undisclosed third-parties,
as a result of an application, contract and account that are null
and void ab initio.
Letters to Social Security Administration:
Page 32 of 153
Notice of Personal Liability
Any further attempts by you to assert the validity of that
invalid application, contract and/or account in the face of
contrary evidence will be noted and can be used as prima facie
evidence of your willingness to violate and otherwise contravene
my unalienable rights and my Constitutionally secured rights as a
Sovereign Freeman. These rights include, but are not limited to,
those which are enumerated in my Affidavits and other documents,
including this letter.
You are hereby warned that you can and will be held personally
liable for any future attempts to violate my fundamental,
unalienable rights by acts on your part which attempt to compel
my specific performance to any third-party debt or obligation
created through the unlawful assertion of an invalid Social
Security application, contract and/or account. As an employee of
the federal government, you are under a legal obligation to
recognize that: "Constructive fraud as well as actual fraud may
be the basis of cancellation of an instrument," El Paso Natural
Gas Co. v. Kysar Insurance Co., 605 Pacific 2d 240 (1979). Your
ignorance of the law is no excuse in this matter.
General Assertion of Rights
For your information, I am not subject to any foreign
jurisdiction by reason of any valid contract or commercial
agreement resulting in adhesion across America, nor are millions
of other Sovereign Citizens, unless they have provided waivers of
rights, guaranteed by the Constitution, by means of knowingly
intelligent acts such as contracts or commercial agreements with
such government(s) "... with sufficient awareness of the relevant
circumstances and likely consequences ...", as ruled by the U.S.
Supreme Court in Brady v. U.S., 397 U.S. 742, 748 (1970). I have
given no such waivers, nor is it possible that I could have given
such waivers by reason of a Social Security application executed
long before my age of majority. Therefore, the Social Security
application, account and number at issue are necessarily null and
void, ab initio, notwithstanding any and all unsubstantiated
statements by you to the contrary.
Notice of Deadline
If I do not hear from you within thirty (30) calendar days of the
above date, I will be entitled to the conclusive presumption that
you are thereby barred, by virtue of the doctrine of estoppel by
acquiescence, from any further challenge to my statements as
contained herein and as contained in all my documents as
previously served on your Agency.
Thank you very much for your consideration.
Letters to Social Security Administration:
Page 33 of 153
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
with explicit reservation of all my unalienable rights
and without prejudice to any of my unalienable rights
Letters to Social Security Administration:
Page 34 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
fifth day of May, 1982, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
6301 Security Boulevard
Baltimore, Maryland
Dated May 5, 1982
/s/ John E. Trumane
_________________________________________________________________
John E. Trumane, Citizen/Principal, by Special Appearance, in
Propria Persona, proceeding Sui Juris, with Assistance, Special,
"Without Prejudice" to any of my unalienable rights.
Letters to Social Security Administration:
Page 35 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
October 5, 1982
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Subject: DEMAND FOR PAYMENT (see attached)
ACTUAL AND CONSTRUCTIVE NOTICE (see attached)
Dear Ms. King:
Please take notice that this letter and all attached
documents contain, among other things, a DEMAND FOR PAYMENT in
addition to an ACTUAL AND CONSTRUCTIVE NOTICE hereby served on
your person and on the other persons listed in the attached
CERTIFICATES OF SERVICE BY MAIL.
Please also take notice that I formally object to your use
of a ZIP code when addressing mail to me, if such ZIP codes could
be construed to mean that I am "subject" in any way to the
"United States". I am consistently informed by employees of the
U.S.P.S. that the only purpose of ZIP codes is to expedite the
delivery of mail. Instead, I hereby repeat my demand that you
utilize the above mailing address, exactly as shown, in any and
all future correspondence with me.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
with explicit reservation of all my unalienable rights
and without prejudice to any of my unalienable rights
attachments:
[see next page]
copies:
[see pages 3 and 4, infra]
Letters to Social Security Administration:
Page 36 of 153
Demand for Payment, Actual and Constructive Notice,
October 5, 1982
Letter to Treasury Secretary, August 1, 1982
Letter to Treasury Secretary, March 9, 1982
NUNC PRO TUNC ESTOPPEL AT LAW AND PUBLIC NOTICE
REVOCATION AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 199
Certificate of Service by Mail, March 23, 1982
FOREIGN STATUS AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 1982
Certificate of Service by Mail, March 23, 1982
Letter to SSA, Baltimore, Maryland, July 15, 1982
Certificate of Service by Mail, July 15, 1982
Letter to SSA, Baltimore, Maryland, May 5, 1982
Certificate of Service by Mail, May 5, 1982
Letter to SSA, Baltimore, Maryland, March 23, 1982
WITHDRAWAL OF SOCIAL SECURITY APPLICATION, March 23, 1982
Certificate of Service by Mail, March 23, 1982
Letter to Vital Records, Boston, Mass., April 3, 1982
Letter to SSA, Baltimore, Maryland, March 9, 1982
NUNC PRO TUNC REVOCATION OF CONTRACT AND REVOCATION
OF POWER ASSEVERATION by John E. Trumane
Certificate of Service by Mail, March 9, 1982
copies:
[see next page]
Letters to Social Security Administration:
Page 37 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested parties by mailing one copy thereof, on this
fifth day of October, 1982, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Speaker of the House
House of Representatives
Washington, D.C.
Postal Zone 20515/tdc
Attorney General
State of California
P. O. Box 944255
Sacramento, California
Postal Zone 94244-2550/tdc
Attorney General
Justice Department
Washington, D.C.
Postal Zone 20530/tdc
Department of Health and Human Services
200 Independence Avenue
Washington, D.C.
Postal Zone 20201/tdc
Commissioner of IRS
1111 Constitution Avenue, N.W.
Washington, D.C.
Postal Zone 20224/tdc
Letters to Social Security Administration:
Page 38 of 153
The Federal Reserve Bank, Inc.
20th and Constitution Ave., N.W.
Washington, D.C.
Postal Zone 20551/tdc
Secretary of the Treasury
State of California
915 Capitol Mall
Sacramento, California
Postal Zone 95814/tdc
Senator Alan Cranston
U.S. Senate
Washington, D.C.
Postal Zone 20510/tdc
Senator John Seymour
U.S. Senate
Washington, D.C.
Postal Zone 20510/tdc
Representative Barbara Boxer
House of Representatives
Washington, D.C.
Postal Zone 20515/tdc
Dated October 5, 1982
/s/ John E. Trumane
_________________________________________________________________
John E. Trumane, Citizen/Principal, by Special Appearance, in
Propria Persona, proceeding Sui Juris, with Assistance, Special,
"Without Prejudice" to any of my unalienable rights.
Letters to Social Security Administration:
Page 39 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o General Delivery
San Rafael
California state
October 5, 1982
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Subject: DEMAND FOR PAYMENT
ACTUAL AND CONSTRUCTIVE NOTICE
Dear Ms. King:
This is my lawful and formal DEMAND FOR PAYMENT of Social
Security taxes unlawfully withheld from my untaxable personal
compensation that was exempt from tax under the fundamental Law
during the calendar years 1965 to 1986, inclusive. The total
amount of this demand is itemized as follows:
Social Security Taxes Unlawfully Withheld by SSA
from John E. Trumane, itemized as follows:
Year Amount and Type of Tax Withheld Total
1986 $3,003 social security taxes $3,003
1985 2,971 " " " 2,971
1984 1,074 " " " 1,074
1983 503 " " " 503
1982 1,285 " " " 1,285
1981 1,975 " " " 1,975
1980 1,587 " " " 1,587
1979 992 " " " 992
1978 1,070 " " " 1,070
1977 965 " " " 965
1976 822 " " " 822
1975 0 " " " 0
1974 672 " " " 672
1973 418 " " " 418
1972 0 " " " 0
1971 75 " " " 75
1970 55 " " " 55
1969 29 " " " 29
1968 96 " " " 96
1967 47 " " " 47
1966 36 " " " 36
1965 13 " " " 13
------
TOTAL AMOUNT DUE: $17,688
=======
Letters to Social Security Administration:
Page 40 of 153
The above yearly amounts were taken from the statement
entitled "Personal Earnings and Benefit Estimate Statement", form
number SSA-7005 (06-88), dated November 29, 1988 and signed by
Dorcas R. Hardy, Commissioner of Social Security (copy attached).
Please take note of my prior communications to the Social
Security Administration, in which I have reiterated this demand
without claim for any interest or increment for inflation.
ACTUAL AND CONSTRUCTIVE NOTICE
This is my formal reply to your letter date-stamped August
13, 1982. Please take notice of the fact that I am a de jure
California State Citizen, not a de facto federal citizen under
the so-called 14th Amendment, nor a ward of the Congress who has
a taxable citizenship through Social Security or any other
governmental privilege or franchise. No governmental agency has
power of attorney over me or my property.
This letter and all attachments are based upon the principle
that a contract is "Null and Void Ab Initio" in the case of fraud
at its inception, and it need not be formally rescinded as a
prerequisite to a right of avoidance. See court authority in the
case of Bonacci v. Massachusetts Bonding and Insurance Co., 58
Cal 2d 657, 664; 137 P.2d 487 (1943).
Therefore, I again demand that you remove my name and number
from your system of records, and that you notify any and all
affected governmental agencies that I am not subject to, nor am I
required to have, a Social Security number or account. I also
demand that your agency return all property that was taken from
me by your use of various elements of fraud (see TOTAL AMOUNT DUE
as shown in the above DEMAND FOR PAYMENT).
This letter and attachments, and all previous letters,
affidavits, declarations and affirmations sent to you, the Social
Security Administration and/or the Department of Health and Human
Services, or any other governmental agency (all of which
documents are incorporated by this reference as if set forth
fully herein), are conclusive and direct evidence of fraud which
has not and cannot be refuted by any legal means. Therefore, as
such, these documents now constitute conclusive evidence of
admissions and confessions of fraud and entrapment in any court
of law or in any other proceedings.
These documents are hereby deemed to be your "means of
knowledge". The means of knowledge, especially when knowledge
consists of public records, is deemed in law to be "knowledge of
the facts". If it appears on record that an individual had
notice or information of circumstances which would cause him to
inquire and which, if followed, would lead to knowledge, or if it
appears that the facts were presumptively within his knowledge,
then he will be deemed to have had actual knowledge of the facts
and may be subsequently liable for any damage or injury. You,
therefore, Gwendolyn S. King, have been given "knowledge of the
facts" as they pertain to this conspiracy to commit a fraud
against me and my property.
Letters to Social Security Administration:
Page 41 of 153
This is an actual and constructive notice under California
Civil Code (CCC), Sections 18 and 19, that if you fail to obey
the law and if you continue to aid and abet the conspiracy, by
use of fraud, entrapment and misrepresentation, to deprive me of
my de jure state Citizenship and vested property rights, then you
will thereby cause me further damage and injury. This will
require me to take whatever action I deem is necessary and lawful
to effect a remedy.
You will take formal notice of the fact that I am a white,
natural born state Citizen who is executing this ACTUAL AND
CONSTRUCTIVE NOTICE. If called upon as a witness, I will testify
to the following facts, which I believe to be true and correct,
to the best of my knowledge and understanding:
There is NO LAW that would or could compel me to participate
in the perpetration of a fraud. There is no provision in the
Social Security Act that would not allow me, a white natural born
state Citizen, to refrain and withdraw from participating in the
Social Security System, which is based upon CONSTRUCTIVE FRAUD as
evidenced by the facts as stated in all attached documents and by
the additional facts which are stated below.
My true status and intent is to be a Common-Law State
Citizen as established by the Preamble and the original
Constitution for the United States of America (1787) and the
original Constitution of California state (1849). Thus, for all
the reasons stated herein and elsewhere, I hereby reaffirm my
right to rescind, revoke and render null and void nunc pro tunc,
as previously established, the number xxx-xx-xxxx in application,
in body, and in account.
I hereby charge that the Social Security Administration and
the Congress of the United States, with full knowledge of the
following facts, and with willful and full intent to do so:
1. Did not reveal the truth that the Social Security Act is a
compulsory excise tax under Title II and VIII which only
creates a revocable statutory right. See "Hearings before a
Subcommittee of the Committee on Ways and Means, House of
Representatives, 83rd Congress, First Session, on the Legal
Status of OASI Benefits", dated November 27, 1953, Part 6,
pages 906, 932, 963. This reference incorporates fully and
makes Part 6 a part of this ACTUAL AND CONSTRUCTIVE NOTICE.
2. Did not reveal the truth that the Social Security Act IS NOT
insurance and does not go into a separate trust fund, nor
does it create any vested rights. (See supra, page 1014;
see also Fleming v. Nestor, 363 U.S. 603, 610 (1960).)
3. Did deliberately and willfully withhold the information
that, upon obtaining a Social Security Number (SSN), a white
natural born state Citizen would be required, for the rest
of his working life, to pay over 50% of his wages acquired
in exchange quid pro quo, as an income tax, as instigated
and established for the profit of the Federal Reserve Banks.
Letters to Social Security Administration:
Page 42 of 153
4. Did not reveal and disclose the truth that, upon obtaining a
SSN, a white natural born State Citizen would lose his
primary State Citizenship, his Privileges and his
Immunities, and become instead a business entity under
Social Security, and an enfranchised person under the
so-called 14th Amendment, and would lose access to his
Constitutional Rights as guaranteed by the Bill of Rights,
Amendments 1 through 10; and instead he would become a
federal citizen and receive privileges and immunities which
are revocable at the whim and pleasure of the Congress.
(See Section 1104 of the Social Security Act, and Article I,
Section 7 of the California Constitution, and so-called
Amendment 14 of the U.S. Constitution.)
5. Did not reveal and disclose the truth that the SSN would be
used for the absolute control of the "citizens of the United
States" under the so-called 14th Amendment, as evidenced by
various orders instituted by the Internal Revenue Service
(similar to Nazi Concentration Camp numbers or federal
serial numbers).
6. Have willfully and deliberately utilized Section 1104 of the
Social Security Act to deprive over 250 million people of
their statutory rights and property, as established by the
original Social Security Act.
7. Have, by utilizing constructive fraud by non-disclosure,
deceit, coercion, intimidation, duress and outright lying,
defrauded me of my Common-Law Citizenship and also my
inalienable/unalienable rights to life, liberty and property
at the instigation of the Federal Reserve Banks for the
profit of the Class A Stockholders of those banks.
8. Have willfully and deliberately failed to disclose the above
information and do still continue to state that Social
Security is "voluntary" and "insurance" when, in fact, it is
not and, in fact and operation, it is administered as a
compulsory excise tax; and thus to compel me to surrender
my constitutional state Citizenship and to deprive me of my
Privileges and Immunities as a sovereign state Citizen, in
order to be regulated and to pay an "income tax" for the
profit of the Federal Reserve Banks, is outright fraud being
instituted by the U.S. Congress, the Department of Health
and Human Services, the Internal Revenue Service and the
Federal Reserve Banks Inc., with the assistance and approval
of the U.S. Attorney General's Office, with the intent to
establish the ten (10) planks of the Communist Manifesto
within the United States as they are now in operation, and
to abolish the intent of the United States Constitution, as
it was originally established by our founding Fathers,
namely, to ordain and establish a Republic, NOT a
socialistic Slave State for the enrichment of the Class A
Stockholders of the Federal Reserve banks.
Letters to Social Security Administration:
Page 43 of 153
9. Have committed fraud, duress and coercion, exercised undue
influence, and evidenced unlawful menace against the
American people by representing the so-called 14th Amendment
as a lawfully ratified amendment in the U.S. Constitution,
when contrary proof, published court authorities and other
competent legal scholars have now established that it was
NOT lawfully ratified. (See State v. Phillips, 540 P.2d 936
(1975); Dyett v. Turner, 439 P.2d 266 (1968); 28 Tulane
Law Review 22; 11 South Carolina Law Quarterly 484.)
Neither Congress nor the Social Security Administration nor
the Federal Reserve banks had any lawful authority to compel me
to apply for a Social Security account and number.
Upon application for a Social Security account and number,
there was a hidden assumpsit that I became "subject to the
jurisdiction of the United States" and thereby became entitled to
the privileges and immunities granted by the so-called 14th
Amendment, whereby the Congress, the Social Security
Administration and the Internal Revenue Service could command my
specific performance to discharge any of their third-party debts
and obligations.
The Social Security contract (SS-5) is not an insurance
contract. There is no separate fund or account for each
participant. The contract violates federal statutes (see, e.g.,
Title 18, RICO statutes). I have rescinded my original SS-5
application. I am holding it voidable and IT IS VOID as to the
issuing party. Every consideration that arose out of that
contract must be returned to me, the lawful owner.
I HEREBY COMMAND THE SOCIAL SECURITY ADMINISTRATION TO
RETURN ALL SUCH CONSIDERATIONS AS ITEMIZED ABOVE.
This is also an ACTUAL AND CONSTRUCTIVE NOTICE to all
concerned agencies, both State and Federal, that I, John E.
Trumane, a white natural born common-law state Citizen, now a
Citizen of California state, having no known legal franchise that
would cloud my position, hereby give notice to all concerned
agencies that their failure to refute each and every point by
substantive proof will be considered admissions and confessions
and shall establish estoppel by silence and/or acquiescence.
The continued deprivation of my substantive rights, my
vested property rights and my property as a Citizen of California
state, will cause me further injury and damage, and will have to
be remedied by whatever actions deemed necessary and lawful.
All of the above statements are true and correct, to the
best of my current knowledge, and are affirmed under penalties of
perjury, without the "United States", under the laws of the
United States of America, per 28 USC 1746(1).
Notice to principals is notice to agents.
Notice to agents is notice to principals.
Letters to Social Security Administration:
Page 44 of 153
Sincerely yours,
/s/ John E. Trumane
John E. Trumane, Sui Juris
with explicit reservation of all my unalienable rights
and without prejudice to any of my unalienable rights
attachments:
Personal Earnings and Benefit Estimate Statement
for John E. Trumane, November 29, 1988
Letter to Treasury Secretary, August 1, 1982
Letter to Treasury Secretary, March 9, 1982
NUNC PRO TUNC ESTOPPEL AT LAW AND PUBLIC NOTICE
REVOCATION AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 199
Certificate of Service by Mail, March 23, 1982
FOREIGN STATUS AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 1982
Certificate of Service by Mail, March 23, 1982
Letter to SSA, Baltimore, Maryland, July 15, 1982
Certificate of Service by Mail, July 15, 1982
Letter to SSA, Baltimore, Maryland, May 5, 1982
Certificate of Service by Mail, May 5, 1982
Letter to SSA, Baltimore, Maryland, March 23, 1982
WITHDRAWAL OF SOCIAL SECURITY APPLICATION, March 23, 1982
Certificate of Service by Mail, March 23, 1982
Letter to Vital Records, Boston, Mass., April 3, 1982
Letter to SSA, Baltimore, Maryland, March 9, 1982
NUNC PRO TUNC REVOCATION OF CONTRACT AND REVOCATION
OF POWER ASSEVERATION by John E. Trumane
Certificate of Service by Mail, March 9, 1982
Copies: [see next page]
Letters to Social Security Administration:
Page 45 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this DEMAND FOR
PAYMENT and ACTUAL AND CONSTRUCTIVE NOTICE have been made on
interested parties by mailing one copy thereof, on this fifth day
of October, 1982, in a sealed envelope with postage prepaid,
properly addressed to them as follows:
Certified Mail #P xxx xxx xxx
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Delmar D. Dowling, Director
Office of Public Inquiries
Social Security Administration
Baltimore, Maryland
Kathleen R. Searle
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Darrell Blevins
SSA Privacy Officer
Department of Health and Human Services
Social Security Administration
Baltimore, Maryland
Speaker of the House
House of Representatives
Washington, D.C.
Postal Zone 20505/tdc
Attorney General
State of California
P. O. Box 944255
Sacramento, California
Postal Zone 94244-2550/tdc
Attorney General
Justice Department
Washington, D.C.
Postal Zone 20530/tdc
Department of Health and Human Services
200 Independence Avenue
Washington, D.C.
Postal Zone 20201/tdc
Commissioner of IRS
1111 Constitution Avenue, N.W.
Washington, D.C.
Postal Zone 20224/tdc
Letters to Social Security Administration:
Page 46 of 153
The Federal Reserve Bank, Inc.
20th and Constitution Ave., N.W.
Washington, D.C.
Postal Zone 20551/tdc
Secretary of the Treasury
State of California
915 Capitol Mall
Sacramento, California
Postal Zone 95814/tdc
Senator Alan Cranston
U.S. Senate
Washington, D.C.
Postal Zone 20510/tdc
Senator John Seymour
U.S. Senate
Washington, D.C.
Postal Zone 20510/tdc
Representative Barbara Boxer
House of Representatives
Washington, D.C.
Postal Zone 20515/tdc
Dated October 5, 1982
/s/ John E. Trumane
_________________________________________________________________
John E. Trumane, Citizen/Principal, by Special Appearance, in
Propria Persona, proceeding Sui Juris, with Assistance, Special,
"Without Prejudice" to any of my unalienable rights.
Letters to Social Security Administration:
Page 47 of 153
Certified Mail #P xxx xxx xxx
Return Receipt Requested
c/o USPS General Delivery
San Rafael
California state
zip code exempt
(DMM 122.32)
June 5, 1983
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Subject: DEMAND FOR PAYMENT (see attached)
ACTUAL AND CONSTRUCTIVE NOTICE (see attached)
Dear Ms. King:
Please take notice that this letter and all attached
documents contain among other things a second DEMAND FOR PAYMENT
in addition to a second ACTUAL AND CONSTRUCTIVE NOTICE hereby
served on your person and on the other persons listed in the
attached CERTIFICATES OF SERVICE BY MAIL.
CONSPICUOUS NOTICE:
In order to be valid, all future written communications to
me must explicitly acknowledge the fact that I inhabit California
state, not the arbitrary federal district known as "CA". Failure
to recognize this fact necessarily must invalidate any and all
future service of process and/or other written communications
which fail to exhibit the correct mailing location, to wit:
John E. Trumane
Sovereign Sui Juris
c/o General Delivery
San Rafael, California state
zip code exempt (DMM 122.32)
Please take notice that I formally object to your use of an
unqualified ZIP code when addressing mail to me, if such ZIP
codes could be construed to mean that I am "subject" in any way
to the "United States". I am consistently informed by employees
of the U.S. Postal Service that the only purpose of ZIP codes is
to expedite the delivery of mail. Instead, I hereby repeat my
demand that you utilize the above mailing location, exactly as
shown, in any and all future correspondence with me.
Sincerely yours,
/s/ John E. Trumane
John E. Trumane
Sovereign Sui Juris
all rights reserved
Letters to Social Security Administration:
Page 48 of 153
attachments:
[see next page]
copies:
[see pages 3 and 4, infra]
Letters to Social Security Administration:
Page 49 of 153
attachments to first NOTICE and DEMAND previously served:
Demand for Payment, Actual and Constructive Notice,
October 5, 1982
Letter to Treasury Secretary, August 1, 1982
Letter to Treasury Secretary, March 9, 1982
NUNC PRO TUNC ESTOPPEL AT LAW AND PUBLIC NOTICE
REVOCATION AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 199
Certificate of Service by Mail, March 23, 1982
FOREIGN STATUS AFFIDAVIT of John E. Trumane
Certificate of Service by Mail, March 9, 1982
Certificate of Service by Mail, March 23, 1982
Letter to SSA, Baltimore, Maryland, July 15, 1982
Certificate of Service by Mail, July 15, 1982
Letter to SSA, Baltimore, Maryland, May 5, 1982
Certificate of Service by Mail, May 5, 1982
Letter to SSA, Baltimore, Maryland, March 23, 1982
WITHDRAWAL OF SOCIAL SECURITY APPLICATION, March 23, 1982
Certificate of Service by Mail, March 23, 1982
Letter to Vital Records, Boston, Mass., April 3, 1982
Letter to SSA, Baltimore, Maryland, March 9, 1982
NUNC PRO TUNC REVOCATION OF CONTRACT AND REVOCATION
OF POWER ASSEVERATION by John E. Trumane
Certificate of Service by Mail, March 9, 1982
copies:
[see next page]
Letters to Social Security Administration:
Page 50 of 153
C E R T I F I C A T E O F S E R V I C E B Y M A I L
It is hereby certified that service of this LETTER has been
made on interested party(s) by mailing one copy thereof, on this
seventh day of June, 1983, in a sealed envelope with postage
prepaid, properly addressed to them as follows:
Certified Mail #P xxx xxx xxx to:
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Copies under separate cover to:
Commissioner of Internal Revenue
1111 Constitution Avenue, N.W.
Washington, D.C.
Representative Lynn Woolsey
House of Representatives
Washington, D.C.
Dated: June 7, 1983
/s/ John E. Trumane
_________________________________________________________________
John E. Trumane, Citizen/Principal, by Special Appearance, in
Propria Persona, proceeding Sui Juris, with Assistance, Special,
"Without Prejudice" to any of my unalienable rights.
Letters to Social Security Administration:
Page 51 of 153
Certified Mail #P xxx xxx xxx c/o General Delivery
Return Receipt Requested San Rafael
California state
zip code exempt
(DMM 122.32)
June 5, 1983
Gwendolyn S. King
Commissioner of Social Security
Social Security Administration
6401 Security Boulevard
Baltimore, Maryland
Subject: DEMAND FOR PAYMENT
ACTUAL AND CONSTRUCTIVE NOTICE
Dear Ms. King:
This is my second lawful and formal DEMAND FOR PAYMENT of
Social Security taxes unlawfully withheld from my untaxable
personal compensation that was exempt from tax under the
fundamental Law during the calendar years 1965 to 1986,
inclusive. The total amount of this demand is itemized as
follows:
Social Security Taxes Unlawfully Withheld by SSA
from John E. Trumane, itemized as follows:
Year Amount and Type of Tax Withheld Total
1986 $3,003 social security taxes $3,003
1985 2,971 " " " 2,971
1984 1,074 " " " 1,074
1983 503 " " " 503
1982 1,285 " " " 1,285
1981 1,975 " " " 1,975
1980 1,587 " " " 1,587
1979 992 " " " 992
1978 1,070 " " " 1,070
1977 965 " " " 965
1976 822 " " " 822
1975 0 " " " 0
1974 672 " " " 672
1973 418 " " " 418
1972 0 " " " 0
1971 75 " " " 75
1970 55 " " " 55
1969 29 " " " 29
1968 96 " " " 96
1967 47 " " " 47
1966 36 " " " 36
1965 13 " " " 13
------
TOTAL AMOUNT DUE: $17,688
=======
Letters to Social Security Administration:
Page 52 of 153
The above yearly amounts were taken from the statement
entitled "Personal Earnings and Benefit Estimate Statement", form
number SSA-7005 (06-88), dated November 29, 1988 and signed by
Dorcas R. Hardy, Commissioner of Social Security (copy attached).
Please take note of my prior communications to the Social
Security Administration, in which I have reiterated this demand
without claim for any interest or increment for inflation.
ACTUAL AND CONSTRUCTIVE NOTICE
This is my formal reply to your letter date-stamped August
13, 1982. Please take notice of the fact that I am a de jure
California State Citizen, not a de facto federal citizen under
the so-called 14th Amendment, nor a ward of the Congress who has
a taxable citizenship through Social Security or any other
governmental privilege or franchise. No governmental agency has
power of attorney over me or my property.
This letter and all attachments are based upon the principle
that a contract is "Null and Void Ab Initio" in the case of fraud
at its inception, and it need not be formally rescinded as a
prerequisite to a right of avoidance. See court authority in the
case of Bonacci v. Massachusetts Bonding and Insurance Co., 58
Cal 2d 657, 664; 137 P.2d 487 (1943).
Therefore, I again demand that you remove my name and number
from your system of records, and that you notify any and all
affected governmental agencies that I am not subject to, nor am I
required to have, a Social Security number or account. I also
demand that your agency return all property that was taken from
me by your use of various elements of fraud (see TOTAL AMOUNT DUE
as shown in the above DEMAND FOR PAYMENT).
This letter and attachments, and all previous letters,
affidavits, declarations and affirmations sent to you, the Social
Security Administration and/or the Department of Health and Human
Services, or any other governmental agency (all of which
documents are incorporated by this reference as if set forth
fully herein), are conclusive and direct evidence of fraud which
has not and cannot be refuted by any legal means. Therefore, as
such, these documents now constitute conclusive evidence of
admissions and confessions of fraud and entrapment in any court
of law or in any other proceedings.
These documents are hereby deemed to be your "means of
knowledge". The means of knowledge, especially when knowledge
consists of public records, is deemed in law to be "knowledge of
the facts". If it appears on record that an individual had
notice or information of circumstances which would cause him to
inquire and which, if followed, would lead to knowledge, or if it
appears that the facts were presumptively within his knowledge,
then he will be deemed to have had actual knowledge of the facts
and may be subsequently liable for any damage or injury. You,
therefore, Gwendolyn S. King, have been given "knowledge of the
facts" as they pertain to this conspiracy to commit a fraud
against me and my property.
Letters to Social Security Administration:
Page 53 of 153
This is an actual and constructive notice under California
Civil Code (CCC), Sections 18 and 19, that if you fail to obey
the law and if you continue to aid and abet the conspiracy, by
use of fraud, entrapment and misrepresentation, to deprive me of
my de jure state Citizenship and vested property rights, then you
will thereby cause me further damage and injury. This will
require me to take whatever action I deem is necessary and lawful
to effect a remedy.
You will take formal notice of the fact that I am a white,
natural born state Citizen who is executing this ACTUAL AND
CONSTRUCTIVE NOTICE. If called upon as a witness, I will testify
to the following facts, which I believe to be true and correct,
to the best of my knowledge and understanding:
There is NO LAW that would or could compel me to participate
in the perpetration of a fraud. There is no provision in the
Social Security Act that would not allow me, a white natural born
state Citizen, to refrain and withdraw from participating in the
Social Security System, which is based upon CONSTRUCTIVE FRAUD as
evidenced by the facts as stated in all attached documents and by
the additional facts which are stated below.
My true status and intent is to be a Common-Law State
Citizen as established by the Preamble and the original
Constitution for the United States of America (1787) and the
original Constitution of California state (1849). Thus, for all
th