Floyd Raymond, Looker, Sui Juris c/o General Delivery Nettie [zip code exempt] WEST VIRGINIA In Propria Persona All Rights Reserved Without Prejudice DISTRICT COURT OF THE UNITED STATES NORTHERN JUDICIAL DISTRICT OF WEST VIRGINIA Floyd Raymond, Looker, ) Docket Nos. 5:96-CR-40 ) 1:96-CR-41 Plaintiff, ) 1:96-CR-42 ) 1:96-CR-43 v. ) ) AFFIDAVIT OF NON-WAIVER United States, ) OF EXTRADITION: and Does 1-99, ) 28 U.S.C. 1746(1); ) Tenth Amendment; Respondents. ) Rules 201(d), 301, ______________________________) Federal Rules of Evidence COMES NOW Floyd Raymond, Looker, Sui Juris, Citizen of West Virginia state and Plaintiff in the above entitled matter (hereinafter "Plaintiff"), to present this, His Affidavit of Non- Waiver of Extradition to this honorable Court and to all interested parties, and to provide notice of same to all interested parties, including all Does both named and as yet unnamed. NOTICE TO PRINCIPALS IS NOTICE TO AGENTS. NOTICE TO AGENTS IS NOTICE TO PRINCIPALS. Affidavit of Non-Waiver of Extradition: Page 1 of 6 VERIFICATION I, Floyd Raymond, Looker, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the following statement is true, correct, and not misleading, according to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1): AFFIDAVIT OF NON-WAIVER OF EXTRADITION 1. I, Floyd Raymond, Looker, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without (outside) the "United States" (federal government), that I have never waived My fundamental Right to be extradited out of any and all foreign jurisdictions, into My proper domestic jurisdiction which is the state of West Virginia (a Republic) and the Laws of said Republic, including but not limited to the Constitution for the United States of America, as lawfully amended (hereinafter "U.S. Constitution"), which is the supreme Law of My Land, and the Constitution of West Virginia, and all laws enacted pursuant to those constitutions. 2. I have studied federal laws and applicable court cases, and I now know that waivers of fundamental Rights, like the Right of Extradition, must be knowingly intelligent acts, done with sufficient awareness of the relevant circumstances and likely consequences. See Brady v. U.S. Such waivers must be knowing, intentional, and voluntary, in order to be construed as enforceable. Affidavit of Non-Waiver of Extradition: Page 2 of 6 3. As against this high standard which the U.S. Supreme Court has established for any and all waivers of fundamental Rights, I can honestly and confidently say that I have never ever waived My fundamental Right, under the Tenth Amendment to the U.S. Constitution, to be extradited out of a foreign jurisdiction such as exists under the Article IV territorial jurisdiction of a United States District Court ("USDC"). 4. It was in such a territorial court that I was unlawfully indicted by a biased grand jury of federal citizens, for allegedly violating federal laws which have no territorial jurisdiction or applicability outside the federal zone. See 18 U.S.C. 1513 in pari materia, specifically, "There is extraterritorial Federal jurisdiction over an offense under this section." This explicit extension of Federal jurisdiction is conspicuously absent from the majority of other statutes codified within Title 18, U.S.C., the federal criminal code. 5. After reading and studying the decision of the U.S. Supreme Court in the case of U.S. v. Lopez, 131 L.Ed.2d 626 (1995), I am now entirely convinced that the Congress of the United States has no legislative authority to prohibit trade in the private properties which I am unlawfully accused of possessing and distributing, even if the State of West Virginia does possess such legislative authority, and even if the Congress does possess similar authority within the federal zone. See "Conflict of Laws" in American Jurisprudence. The Commerce Clause authorizes Congress to regulate Commerce among the several States; it does not authorize Congress to regulate Commerce among the inhabitants of the several States, unless said inhabitants are authorized officers, employees, or agents of the corporate State governments. Affidavit of Non-Waiver of Extradition: Page 3 of 6 6. Because of the Lopez case, I now have convincing reason to believe that, if Congress cannot prohibit the possession of a loaded firearm on public school grounds, then Congress cannot prohibit the possession of other private properties within the several States of the "Union" known as the "United States of America". Confer at "Union" and "United States of America" in Bouvier's Law Dictionary (1856). 7. With the able assistance of My Counsel of Choice, Paul Andrew, Mitchell, B.A., M.S., I have executed and presented pleadings to the United States District Court "Under Protest", which phrase is exhibited prominently on the face page of every pleading filed in said court. By using this phrase on the face page of every pleading, I mean to convey to all interested parties the fact that I have explicitly reserved all of My fundamental Rights, including the Right of Extradition, without prejudice to any of My fundamental Rights, and that My explicit reservation of all My Rights has thus prevented the loss of any such Rights by application of the legal concepts of waiver or estoppel. NOTICE OF DEADLINE This Affidavit is specifically intended to establish presumptions of controlling laws and facts in the instant case. Should other interested parties fail to rebut this Affidavit in a timely manner, the statements of fact and law as contained herein will become the truth of the instant case for all time. All rebuttals must be filed in the official record of the District Court of the United States ("DCUS") in the instant case, and also served on the Plaintiff by means of first class United States Mail directed to: Affidavit of Non-Waiver of Extradition: Page 4 of 6 Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Counsel of Record c/o 2509 North Campbell Avenue, #1776 Tucson, Arizona state no later than 5:00 p.m. on Friday, January 24, 1997. Beyond that deadline, the doctrine of estoppel by acquiescence will prevail, pursuant to the authorities in U.S. v. Tweel, quoting U.S. v. Prudden, and Carmine v. Bowen. FURTHER AFFIANT SAYETH NAUGHT. Executed on ____________________________________ /s/ Ray Looker Floyd Raymond, Looker, Sui Juris Citizen of West Virginia state Executed on December 23, 1996 /s/ Paul Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Counsel to Plaintiff Affidavit of Non-Waiver of Extradition: Page 5 of 6 PROOF OF SERVICE I, Paul Andrew, Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the "United States," that I am at least 18 years of age, a Citizen of one of the United States of America, and that I personally served the following document(s): AFFIDAVIT OF NON-WAIVER OF EXTRADITION: 28 U.S.C. 1746(1); Tenth Amendment; Rules 201(d), 301, Federal Rules of Evidence by placing one true and correct copy of said document(s) in first class U.S. Mail, with postage prepaid and properly addressed to the following: United States Attorney Clerk of Court Federal Building District Court of the U.S. c/o P.O. Box 591 c/o P.O. Box 471 Wheeling [zip code exempt] Wheeling [zip code exempt] WEST VIRGINIA WEST VIRGINIA Attorney General Solicitor General Department of Justice Department of Justice 10th and Constitution, N.W. 10th and Constitution, N.W. Washington [zip code exempt] Washington [zip code exempt] DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA Chief Judge William H. Rehnquist, C.J. 4th Circuit Court of Appeals Supreme Court of the U.S. 10th & Main Streets 1 First Street, N.E. Richmond [zip code exempt] Washington [zip code exempt] COMMONWEALTH OF VIRGINIA DISTRICT OF COLUMBIA Executed on December 23, 1996 /s/ Paul Mitchell __________________________________________ Paul Andrew Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Counsel to Plaintiff Affidavit of Non-Waiver of Extradition: Page 6 of 6 # # #
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U.S.A. v. Looker