Donald E. Wishart, Sui Juris
Citizen of California State,
Federal Witness and Victim
c/o 5150 Graves Avenue, Suite 12-C
San Jose [ZIP code exempt]
CALIFORNIA, USA
In Propria Persona and
by Special Appearance Only
All Rights Reserved
without Prejudice
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF CALIFORNIA
UNITED STATES OF AMERICA [sic],)
Case Number CR-00-20227-JF
)
Plaintiff [sic], ) FIRST SUPPLEMENT TO
) MOTION
TO STRIKE SIX
v. ) GOVERNMENT PLEADINGS:
)
DONALD E. WISHART [sic], ) Article I,
Section 9, Clause 8;
) Article I,
Section 10, Clause 1;
Defendant [sic]. ) Article III, Section
2, Clause 2;
_______________________________) Guarantee Clause
COMES NOW Donald E. Wishart, Sui Juris, Citizen of California State, expressly not a “citizen of the United States” [sic], and Defendant in the above entitled matter (“Defendant”), to submit this, His FIRST SUPPLEMENT TO MOTION TO STRIKE SIX GOVERNMENT PLEADINGS, which MOTION was previously filed and served in the instant case.
Defendant attaches uncertified copies of Appointment Letters allegedly appointing Messrs. Thomas S. DiLeonardo and Gregory S. Gordon to the office of attorney for the United States. See Attachments “A” and “B”, respectively, which are hereby incorporated by reference, as if set forth fully herein.
Defendant has also recently submitted proper and lawful FOIA requests for certified copies of said Appointment Letters. See Attachments “C” and “D”, also incorporated by reference, as if set forth fully herein.
Assuming, for the moment, that certified copies of said Appointment Letters are produced and found to be identical to Attachments “A” and “B”, Defendant respectfully requests this Court to take careful note of the following:
(1) Attachment “A” appoints Thomas S. DiLeonardo as an attorney for the United States;
(2) Attachment “A” authorizes Thomas S. DiLeonardo to represent the United States in any kind of legal proceeding;
(3) Attachment “A” authorizes Thomas S. DiLeonardo to conduct business on behalf of the United States that United States Attorneys are authorized to conduct; and,
(4) Attachment “A” authorizes Thomas S. DiLeonardo to file a copy of said Letter with the Clerk of Court as evidence of his authorization to represent the United States.
Likewise,
(5) Attachment “B” appoints Gregory S. Gordon as an attorney for the United States;
(6) Attachment “B” authorizes Gregory S. Gordon to represent the United States in any kind of legal proceeding;
(7) Attachment “B” authorizes Gregory S. Gordon to conduct business on behalf of the United States that United States Attorneys are authorized to conduct; and,
(8) Attachment “B” authorizes Gregory S. Gordon to file a copy of said Letter with the Clerk of Court as evidence of his authorization to represent the United States.
None of the alleged Appointment Letters supra constitutes any evidence whatsoever that either Thomas S. DiLeonardo or Gregory S. Gordon has any power(s) of attorney, or any other authorization(s), to represent the UNITED STATES OF AMERICA [sic] in the instant case.
See also 27 CFR 70.33(b) (“under authority of the United States”); 70.33(c) (“under the laws of the United States”); 70.33(d) (“property subject to forfeiture to the United States”); and 70.41 -– Rewards for information relating to violations of tax laws administered by the Bureau [of Alcohol, Tobacco and Firearms]; definition of “Bureau” at 27 CFR 70.11. The UNITED STATES OF AMERICA (read “50 States”) are not mentioned anywhere in said regulations.
Mr. DiLeonardo’s two (2) pleadings entitled GOVERNMENT’ RESPONSE TO DEFENDANT’S FIRST NOTICE FOR MANDATORY JUDICIAL NOTICE [sic] (filed on September 15, 2000), and GOVERNMENT’S RESPONSE TO DEFENDANT’S FIRST CROSS-COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (filed on October 2, 2000), both misrepresent the fact that Thomas S. DiLeonardo has no power(s) of attorney, or any other authorization(s), to represent the UNITED STATES OF AMERICA in the instant action.
The UNITED STATES OF AMERICA (read “50 States”) have no standing to prosecute a criminal case in this honorable Court, either!
For identical reasons, Mr. Robert S. Mueller III, whose name also appears on the caption pages of said pleadings, also has no power(s) of attorney, or any other authorization(s), to represent the UNITED STATES OF AMERICA in the instant action.
Defendant now formally notifies all Proper Parties, and this honorable Court, of His specific intent to apply to this Court for an ORDER to Messrs. Roberts S. Mueller III, Thomas S. DiLeonardo, and Gregory S. Gordon, to show cause why they should not all be charged with fraud and misleading conduct, in violation of 18 U.S.C. 1513. See definition of “misleading conduct” at 18 U.S.C. 1515(a)(3).
The term “Esquire” is a Title of Nobility prohibited by 1:9:8 and 1:10:1 in the U.S. Constitution (“Article : Section : Clause”).
The United States has standing to sue, and be sued.
The supreme Court has original Jurisdiction in all Cases in which a State shall be a Party. See Article III, Section 2, Clause 2. All 50 States are allegedly Parties to the instant case.
The two pleadings itemized supra should also be stricken from the permanent record of the instant case, for all of the reasons stated above, and for all of the reasons already stated in Defendant’s MOTION TO STRIKE SIX GOVERNMENT PLEADINGS as previously filed and served.
REMEDY REQUESTED
Due to their obvious bad faith, to their lack of Oaths of Office, and also to their demonstrable lack of any lawful powers of attorney to represent the named Plaintiffs UNITED STATES OF AMERICA in the instant case, Defendant respectfully requests an ORDER from this honorable Court, striking the two (2) additional pleadings itemized above, and further sanctioning all three (3) persons for alleging falsely to represent the Plaintiffs UNITED STATES OF AMERICA and for acting in bad faith -- by deliberately imposing an unnecessary and prejudicial burden upon Defendant with pleadings which said persons were not authorized to file, or serve, in the first instance.
I, Donald E. Wishart, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause in pari materia with all provisions of Title 28, U.S.C. (Constitution, Laws and Treaties of the United States are supreme Law of the Land).
Dated: October 5, 2000 A.D.
Respectfully submitted,
/s/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State,
Federal Witness and Victim (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
See Pannill v. Roanoke, 252 F. 910, 914; 42 USCS 1983;
and Wadleigh v. Newhall, 136 F. 941 (CC Cal, 1905)
All Rights Reserved without Prejudice
I, Donald E. Wishart, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that I am at least 18 years of age, a Citizen of ONE OF the United States of America, and that I personally served the following document(s):
FIRST SUPPLEMENT
TO
MOTION TO STRIKE
SIX
GOVERNMENT
PLEADINGS:
Article I, Section 9, Clause 8;
Article I, Section 10, Clause 1;
Article III, Section 2, Clause 2;
by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:
Office of the U.S. Attorney Office of the U.S. Attorney
280 South First St., Ste. 371 312 North Spring Street
San Jose [ZIP code exempt] Los Angeles [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Department of Justice, Tax Div. Department of Justice, Tax Div.
West. Criminal Enforcement Sec. West. Criminal Enforcement Sec.
600 “E” St., N.W., Room 5712 600 “E” St., N.W., Room 5712
Washington [ZIP code exempt] Washington [ZIP code exempt]
DISTRICT OF COLUMBIA, USA DISTRICT OF COLUMBIA, USA
Federal Public Defender’s Office Internal Revenue Service
160 W. Santa Clara St., Ste. 575 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Paul Camacho Don Hallenbeck
Internal Revenue Service Internal Revenue Service
55 South Market Street 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Mel Steiner Colbert Tang
Internal Revenue Service Internal Revenue Service
55 South Market Street 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Brian
Watson Ken
Whitmore
Internal Revenue Service Internal Revenue Service
55 South Market Street 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Dan Sutherland Solicitor General
Internal Revenue Service U.S. Dept. of Justice
55 South Market Street 10th & Constitution, N.W.
San Jose [ZIP code exempt] Washington [ZIP code exempt]
CALIFORNIA, USA DISTRICT OF COLUMBIA, USA
Bay View
Federal Bank Chief
Counsel
Attention: Legal Department Internal Revenue Service
2121 South El Camino Real 1111 Constitution Ave., N.W.
San Mateo [ZIP code exempt] Washington [ZIP code exempt]
CALIFORNIA,
USA DISTRICT OF COLUMBIA, USA
Executed on October 5, 2000 A.D.
/s/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State,
Federal Witness and Victim (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
All Rights Reserved without Prejudice
Attachment “A”:
Uncertified Appointment Letter
from LORETTA C. ARGRETT
to Thomas S. DiLeonardo, Esquire [sic]
dated: September 18, 1998
Attachment “B”:
Uncertified Appointment Letter
from PAULA M. JUNGHANS
to Gregory S. Gordon, Esquire [sic]
dated: April 7, 2000
Attachment “C”:
FOIA Request dated October 4, 2000
for a Certified Copy of Appointment Letter
from LORETTA C. ARGRETT
to Thomas S. DiLeonardo, Esquire [sic]
Attachment “D”:
FOIA Request dated October 4, 2000
for a Certified Copy of Appointment Letter
from PAULA M. JUNGHANS
to Gregory S. Gordon, Esquire [sic]