Donald E. Wishart, Sui Juris
Citizen of California State
and Federal Witness [sic]
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], ) NOTICE OF
MOTION AND
) MOTION TO CLARIFY DETAILS
v. )
OF RECIPROCAL DISCOVERY:
)
DONALD E. WISHART [sic], )
) Rules 5(c), 16(b)(1):
Defendant [sic] ) Federal Rules of
) Criminal Procedure
________________________________)
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 (hereinafter “Defendant”), to move this honorable Court for a routine minute ORDER, clarifying with precision the documents Defendant is expected to review, under the principle of reciprocal discovery requested by the government.
DISCUSSION
Defendant is all in favor of reciprocal discovery.
The government has informed Defendant that IRS-CID now has custody of more than 12,000 documents, stored in 4 boxes, and there are 2 additional boxes with an unknown quantity of other documents.
Defendant wishes to know which of these numerous documents are going to be used as evidence to support the government’s case, and which are documents provided in response to Defendant’s FOIA requests.
If some of these numerous documents fall into neither of these two categories, Defendant argues that reviewing superfluous documents creates an unnecessary and extraordinary burden for His defense.
Defendant cannot afford the luxury of wasting any time during this period, which He is using to research and write as many preliminary pleadings as are necessary and proper.
Moreover, Defendant also wishes to know by what authorities, if any, this mass of documents was obtained in the first instance.
Evidence illegally acquired is not admissible, e.g. for violating Defendant’s fundamental Right to privacy, guaranteed by the Fourth Amendment. See also 27 CFR 70.22 and 70.28.
All such evidence should be excluded by court ORDER. Confer at “Exclusionary Rule” in Black’s Law Dictionary, which definition is formally incorporated by reference, as if set forth fully herein.
Some of the many boxes currently in the custody of IRS-CID cannot be copied by Defendant, and can only be viewed by Defendant after visiting IRS-CID offices and viewing them on-site -- another burden.
In the interest of economy, Defendant also wishes to know, ahead of time and with sufficient specificity, which of the latter documents are not going to be used as government exhibits, so that Defendant can obviate unnecessary copying costs.
Therefore, extraordinary circumstances exist, and delay is indispensable to the interests of justice. See FRCrP Rule 5(c).
This matter can be efficiently resolved by segregating documents which are planned to be used as exhibits to support the government’s case, itemizing same in writing, and serving same on Defendant.
REMEDY
Defendant requests a minute ORDER requiring the government to:
(1)
segregate those documents currently at IRS-CID that are
not planned to be used as exhibits to support the government’s case,
from those documents that are planned to be used as exhibits;
(2)
sequester all documents in the former group at the U.S.
Marshals Service, until receipt of further ORDER(s) from this Court;
(3)
itemize in writing all documents in the latter group,
and serving same on Defendant; and,
(4)
disclose by what authority(s), if any, the latter group
of documents were obtained, 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.
Respectfully submitted,
/s/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State and
Federal Witness (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
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):
NOTICE OF MOTION
AND
OF RECIPROCAL
DISCOVERY:
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
U.S. Department of Justice U.S. Department of Justice
West. Criminal Enforcement Sec. West. Criminal Enforcement Sec.
P.O. Box 972, Ben Franklin Stn. P.O Box 972, Ben Franklin Stn.
Washington [ZIP code exempt] Washington [ZIP code exempt]
DISTRICT OF COLUMBIA, USA DISTRICT OF COLUMBIA, USA
Federal Public Defender’s Office
160 West Santa Clara Street, Suite 575
San Jose [ZIP code exempt]
CALIFORNIA, USA
Executed on September 17, 2000 A.D.
/s/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State and
Federal Witness (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
All Rights Reserved without Prejudice