Time: Sat Sep 06 20:33:35 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id UAA11121; Sat, 6 Sep 1997 20:32:29 -0700 (MST) Date: Sat, 06 Sep 1997 21:35:14 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in toolbar] Subject: SLS: Meador's Oklahoma law suit CIVBRI~1.ASC is attached in BinHex encoding. I can also encode in MIME and Uuencode. This law suit attacked the legality of the Agreement on Coordination of Tax Administration between Oklahoma state and the IRS. It contains lots of excellent and current legal evidence. /s/ Paul Mitchell http://supremelaw.com p.s. .ASC and .BAK are identical copies My letter to the Oklahoma Tax Commission now follows: [This text is formatted in Courier 11, non-proportional spacing.] MEMO TO: David K. Smith Oklahoma Tax Commission State of Oklahoma c/o 2501 Lincoln Blvd. Oklahoma City 73194-0001/tdc OKLAHOMA STATE FROM: Paul Andrew, Mitchell, B.A., M.S. Counselor at Law DATE: June 2, 1997 SUBJECT: Agreement on Coordination of Tax Administration between Oklahoma Tax Commission and "IRS" [sic] I have recently come to possess a photocopy of your Agreement on Coordination of Tax Administration, executed between the Oklahoma Tax Commission and the Internal Revenue Service, as requested and received by a Citizen of Oklahoma state on May 16, 1997. In Section 2: Definitions, We find the following definition: 2.2 IRS The term "IRS" means the Internal Revenue Service, U.S. Department of the Treasury [sic]. [bold emphasis added] Please provide Us with the exact citation(s) within Title 31, United States Code, which authorize the Internal Revenue Service to exist as a department or bureau within the U.S. Department of the Treasury. Our reading of Title 31 tells Us that the Internal Revenue Service is not listed among those subordinate bureaus and departments, unlike the Bureau of Engraving and Printing, which is listed therein. See 31 C.F.R. 51.2 and 52.2 for regulations. Please also take note of the fact that Title 31, United States Code ("U.S.C."), has been enacted into positive law, rendering it conclusive evidence of the statutes in question. By comparison, Title 26, U.S.C., has not been enacted into positive law, which means that Internal Revenue Code ("IRC") section 7851(a)(6)(A) now controls the applicability of all of subtitle F of the IRC -- Procedure and Administration. The term "this title" as that term is used at IRC 7851(a)(6)(A) refers to Title 26, U.S.C. For proof, compare, in pari materia, the Historical and Statutory Notes following 28 U.S.C. 132, with the original Act dated June 25, 1948, C. 646, Sections 2 to 39, 62 Stat. 985 to 991, as amended, specifically under the sub- heading "Continuation of Organization of Court" [sic]. While you are investigating your answer to this question, please allow Us also to refer you specifically to the California Supreme Court case of People v. Boxer, docket number S-030016, dated December 1992. See Full Faith and Credit Clause for authority. Thank you very much for your consideration. Sincerely yours, /s/ Paul Andrew, Mitchell, B.A., M.S. Counselor at Law and federal witness c/o 2509 N. Campbell Avenue, #1776 Tucson, Arizona state Postal Zone 85719/tdc email: pmitch@primenet.com (586/Eudora Pro 3.0.2: preferred, to conserve all resources) phone: (520) 320-1514 (private line: please get permission to disclose) fax machine: (520) 320-1256 (dedicated hard copy: available 24-hours per day or night) fax modem: (520) 320-1513 (dedicated email line: please call phone: to switch software) web site: http://www.supremelaw.com copy: Supreme Law School The Internet # # # Attachment Converted: "I:\ATTACH\CIVBRI~1.ASC" Attachment Converted: "I:\ATTACH\CIVBRI~1.BAK" ======================================================================== Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine : tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in toolbar] : using Eudora Pro 3.0.3 on 586 CPU website: http://supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this _____________________________________: As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]From ???@??? Sat Sep 06 21:27:32 1997 by primenet.com (8.8.5/8.8.5) with ESMTP id VAA26157; Sat, 6 Sep 1997 21:22:24 -0700 (MST) Date: Sat, 06 Sep 1997 23:00:34 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in toolbar] Subject: SLS: Meador's Application for Subpoena Duces Tecum Content-Transfer-Encoding: 8bit Status: U [This text is formatted in Courier 11, non-proportional spacing.] IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF OKLAHOMA UNITED STATES OF AMERICA, ) ) Plaintiff, ) ) vs. ) Case # 96-CR-113-C ) DAN MEADOR, ) ) Defendant. ) ______________________________) APPLICATION FOR SUBPOENAS DUCES TECUM Now comes Dan Meador, Sui Juris, a Citizen of Oklahoma, one of the several States party to the Constitution of the United States, a national of the United States, as the term is defined at 8 U.S.C. § 1101(a)(22), and a "nonresident alien" of the geographical United States, as the term is defined at § 7701(b) of the Internal Revenue Code of 1954 (Vol. 68A, Statutes at Large). With causes supported by brief, the defendant herewith makes application for issuance of subpoenas duces tecum to the following Government and independent agencies which perform on contract to provide services for United States Government: I. Chief Disclosure Officer, United States Department of Justice The Chief Disclosure Officer for the United States Department of Justice should be ordered by subpoena duces tecum to produce into evidence certified copies of the following: United States of America v. Dan Leslie Meador: Page 1 of 10 1. The Constitution of the United States, at Article I § 8.15 & Article IV § 4, delegates authority for Congress to call up the militia to repel invasion or put down civil uprising in the several States party to the Constitution. Provide documentation of a constitutional provision which authorizes the United States to exercise general municipal police powers in the several States party to the Constitution and a certified copy of the law, in compliance with 4 U.S.C. § 72, which authorizes Department of Justice general municipal powers (police powers) extended throughout the several States party to the Constitution of the United States for prosecution of crimes other than those specified in the Constitution and applicable Amendments, as cited above. 2. A properly executed delegation of authority which extends authority of the Department of Justice Criminal Division (28 CFR, Part 0.55) general municipal authority to the several States party to the Constitution and the American people living in said states other than on Federal enclaves under United States jurisdiction (18 U.S.C. § 7(3), secured in compliance with provisions of 40 U.S.C. § 255). 3. A properly executed delegation of authority which extends authority of the Department of Justice Criminal Division (28 CFR, Part 0.70) general municipal authority to the several States party to the Constitution and the American people living in said states other than on Federal enclaves under United States jurisdiction (18 U.S.C. § 7(3), secured in compliance with provisions of 40 U.S.C. § 255). United States of America v. Dan Leslie Meador: Page 2 of 10 4. A properly executed delegation of authority which extends general municipal authority of the United States Attorney and assistants for the various judicial districts established in the several States party to the Constitution (28 U.S.C. §§ 81 et seq.) beyond United States jurisdiction in the several States as specified at 18 U.S.C. § 7(3), with jurisdiction secured in compliance with provisions of 40 U.S.C. § 255. 5. Statutory authority for the Federal Bureau of Investigation (28 U.S.C. § 531), which is an administrative department in the Department of Justice (not created by Congress; no charter in the Library of Congress), to investigate, arrest, bring charges against, or otherwise disturb people living in the several States party to the Constitution, other than those specified at 28 U.S.C. § 535; officers and employees of United States Government), other than in United States jurisdiction specified at 18 U.S.C. § 7(3). 6. Statutory authority, the Executive Order, and the Attorney General delegation of authority which authorizes officers in the office of the U.S. Marshal Service to serve summonses and execute warrants in the several States party to the Constitution save in United States jurisdiction specified at 18 U.S.C. § 7(3), secured in accordance with provisions of 40 U.S.C. § 255. 7. Documentation of authority by which warrants and summonses issued from an Article IV United States District Court (28 U.S.C. § 132) may be executed or served beyond United States jurisdiction in the several States party to the Constitution (18 U.S.C. § 7(3); see Rule 4(d)(2)). United States of America v. Dan Leslie Meador: Page 3 of 10 8. In accordance with provisions of 40 U.S.C. § 255, provide verification that the United States has secured general jurisdiction over privately and/or State-owned real property in Washington County, Kay County, and Tulsa County, Oklahoma. In the alternative, provide documentation to disclose where precisely in the three Oklahoma counties named above, other than Indian reservations and military reservations, where the United States has secured exclusive or concurrent jurisdiction. 9. The Constitution of the United States at Art. I § 8.6, stipulates that Congress may prescribe punishment for counterfeiting securities and current coin of the United States; at Article III § 3.2, the Constitution delegates authority for Congress to prescribe punishment for treason; and in various Amendments promulgated since 1868, the Constitution delegates authority for Congress to enforce civil rights and voting rights of citizens of the United States. Provide certification of constitutionally delegated authority for the United States to prosecute crimes other than those specified above where such crime is allegedly committed in one of the several States party to the Constitution other than in United States jurisdiction as specified at Article I § 8.17 of the Constitution and 18 U.S.C. § 7(3). II. Department of the Treasury A subpoena duces tecum should be issued to the Chief Disclosure Officer for the national office of the Department of the Treasury, Washington, D.C., to produce certified copies of the following: 1. Provide a copy of law, as required at 4 U.S.C. § 72, which authorizes the Department of the Treasury to exercise general enforcement authority in the several States party to the Constitution of the United States beyond United States jurisdiction, as specified at 18 U.S.C. § 7(3). United States of America v. Dan Leslie Meador: Page 4 of 10 2. Provide a certified copy of an Executive Order (3 U.S.C. § 301), other than E.O. No. 10289, which applies to internal revenue laws (customs laws), authorizing the Secretary to establish revenue districts in the several States party to the Constitution, with said Order specifically extending beyond United States jurisdiction, as defined at 18 U.S.C. § 7(3). III. Internal Revenue Service National Office A subpoena duces tecum should be issued to the Chief Disclosure Officer for Internal Revenue Service, at the Service's national headquarters in Washington, D.C., ordering said Disclosure Officer to provide certified copies of the following: 1. A copy or copies of the master contract, or master contracts, if more than one, which specify the scope of services the Internal Revenue Service is contracted to provide United States Government. For example, such master contracts may stipulate that the Internal Revenue Service is authorized to develop and maintain systems, and provide record-keeping services for the Treasury of the United States, or in the alternative, said contracts may be executed with the Federal Reserve System in the Fed's capacity as fiscal agent of the United States. 2. Copies of all applications and other information generated by Internal Revenue Service principals to support applications for Office of Management and Budget numbers issued under Paperwork Reduction Act authority (44 U.S.C. §§ 3501 et seq.) in compliance with regulations at 5 CFR, Part 1320, relating to the family of 1040 information return forms United States of America v. Dan Leslie Meador: Page 5 of 10 (authorized at 5 CFR, Part 1320.14(b)). 3. Certification of statutory and regulatory authority for Internal Revenue Service personnel to directly engage in administrative and/or judicial collection initiatives pertaining to Internal Revenue Code Subtitle A & C taxes in the several States party to the Constitution beyond United States jurisdiction, as defined at 18 U.S.C. § 7(3). 4. Certification of disclosure requirements pertaining to the 1040 information return form as mandated by regulation at 5 CFR, Part 1320.8(b). Specifically, the following information should be disclosed: (1) What is the reason specified by regulations for collection of information on the 1040 information return form? (2) How is the information to be used? (3) [Not applicable]. (4) Is response on the 1040 information return form voluntary, necessary to secure a benefit (cite authority), or mandatory (cite authority)? (5) [Not applicable]. (6) Does the 1040 information return form and/or instructions accompanying the form inform people who might complete the form that they are not required to complete it if it does not have a currently valid OMB number on it? Place a certified copies of disclosures which comply with OMB regulations cited above into record. IV. Chief Disclosure Officer, Office of Management and Budget A subpoena duces tecum should issue to the Chief Disclosure Officer for the Office of Management and Budget to produce certified documentation of the following: United States of America v. Dan Leslie Meador: Page 6 of 10 1. Documentation of all current OMB numbers for regulations and information-gathering forms issued to Department of the Treasury components, as the term is defined at 31 CFR, Parts 0 & 1. Documentation pertaining to information-gathering forms should at a minimum include disclosure of (1) the current valid number, if any, (2) the expiration date, and (3) whether or not the form is voluntary, necessary to secure a benefit, or (3) mandatory. 2. An OMB numerical key which matches the agency to which OMB numbers are issued with the number for any given OMB number issued to an information-gathering regulation or form. In other words, the key should disclose what agency is identified by the four digit number which is used for such identification. 3. A determination of "1040" liability for Kenney F. Moore and Colleen Moore, premised on information which will be provided under an affidavit attesting facts which will be supplied by the Moores, in compliance with provisions of 5 CFR, Part 1320.14(c). V. Chief Disclosure Officer, Internal Revenue Service, Arkansas-Oklahoma District A subpoena duces tecum requiring the Chief Disclosure Officer for the Arkansas-Oklahoma District, Internal Revenue Service, should require said officer to supply the following certified documentation: 1. Notice from the Secretary (district director) which informed Kenney F. Moore and/or Colleen Moore of liability for taxes prescribed under Subtitles A & C of the Internal Revenue Code (26 CFR, Parts 1.6001-1(d) & 31.6001-6). United States of America v. Dan Leslie Meador: Page 7 of 10 2. Properly executed records of assessment (Form 23C), in compliance with provisions of 26 CFR, Part 301.6203-1, plus copies of all support documents, for "1040" assessments issued against Kenney F. Moore and/or Colleen Moore, for calendar years 1982 through 1992. 3. The order issued by a court of competent jurisdiction which authorized seizure and sale of Kenney F. Moore and Colleen Moore property (rights preserved at 26 U.S.C. § 7804(b)). 4. Identify the taxing statute which discloses the service, transaction or object of tax assessed by way of 1040 "Kind of Tax" issued against Kenney F. Moore and/or Colleen Moore. 5. Identify the statute which specifies that Kenney F. Moore and/or Colleen Moore are "persons liable" for the tax specified by the taxing statute identified in Item 4 above. 6. Certify documentation of all days and/or continuous periods of time during which Tracy Foster, an Inspector for the Internal Revenue Service who works in the Arkansas-Oklahoma District, served as a Special Government Employee from January 1, 1995 through March 31, 1997. 7. Certify copies of original lien documents which support each assessment for which a "notice of lien" was filed against Kenney F. Moore and/or Colleen Moore in the office of the County Clerk for Washington County, Oklahoma. VI. Chief Disclosure Officer for the Administrative Office for United States Courts A subpoena duces tecum requiring the Chief Disclosure Officer for the Administrative Office for United States Courts to produce the following certified documentation into evidence: United States of America v. Dan Leslie Meador: Page 8 of 10 1. Provide a certified copy of statutory authority which authorizes Article IV United States District Courts (28 U.S.C. § 132) to exercise general police powers in the several States party to the Constitution beyond United States jurisdiction as defined at 18 U.S.C. § 7(3). 2. Provide a certified copy of statutory authority which authorizes the Article IV United States District Court established in the several States party to the Constitution to exercise general criminal prosecution authority even on Federal enclaves located in the several States as districts for district courts of the United States are established in the several States, per 28 U.S.C. §§ 81 et seq. (this mandate is exclusive of 18 U.S.C. § 3401) 3. Provide certified copies of regulations which authorize prosecution of offenses via the United States magistrate system, accommodated by Article IV United States District Courts located in the several States party to the Constitution, other than petty and misdemeanor offenses on military reservations and installations, and in national parks, etc., under Congress' Article IV § 3.2 legislative jurisdiction (this is exclusive of regulations at 32 CFR, Part 1290.1 & 43 CFR, Part 9260.0-1). VII. United States Magistrate Judge Sam Joyner A subpoena duces tecum should be issued to United States Magistrate Judge Sam Joyner to provide a certified impression of the seal provided to him by the Director of the Administrative Office of the United States Courts under requirements of 28 U.S.C. § 638(c). United States of America v. Dan Leslie Meador: Page 9 of 10 VIII. United States Magistrate Judge ---- McCarthy A subpoena duces tecum should be issued to United States Magistrate Judge *** McCarthy requiring him to provide a certified impression of the seal supplied to him by the Director of the Administrative Office of the United States Courts under requirements of 28 U.S.C. § 638(c). United States of America v. Dan Leslie Meador: Page 10 of 10 # # # ======================================================================== Paul Andrew Mitchell, Sui Juris : Counselor at Law, federal witness B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine : tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night email: [address in toolbar] : using Eudora Pro 3.0.3 on 586 CPU website: http://supremelaw.com : visit the Supreme Law Library now ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best Tucson, Arizona state : state zone, not the federal zone Postal Zone 85719/tdc : USPS delays first class w/o this _____________________________________: As agents of the Most High, we came here to establish justice. We shall not leave, until our mission is accomplished and justice reigns eternal. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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