Posted by Paul Andrew Mitchell, B.A., M.S. on September 20, 1998 at 19:52:52:
In Reply to: Re: Affidavit Notice posted by Patrick Henry on September 20, 1998 at 19:14:15:
: 1. An affidavit is a SWORN statement, thus in violation of the Scripture you quoted.
: 2. Anno Domini (AD), the reference of time used by the so-called Christian community, and a defacto standard worldwide, does not count time from the death of the Messiah, but from the day of his BIRTH. Therefore 1998 AD means one thousand nine hundred and nine-eight years after the day of His birth.
An affidavit need not be SWORN under federal law.
Witness the perjury jurat on IRS Form 1040.
This format conforms to 28 U.S.C. 1746(2).
28 U.S.C. 1746 was worded to honor religious
objections to swearing. Thus, the statute
provides two formats for "verifications
under penalty of perjury" [sic].
In federal law, "verification" and "certification"
are essentially synonymous, in this context.
However, "Certificates" which lack both
of the forms provided by 28 U.S.C. 1746,
do not conform to the statute, and thus
cannot be enforced under penalty of perjury.
See Supremacy Clause to resolve conflicts
with applicable state laws.
Thus, a "Certificate of Exemption from Withholding
In Lieu of W-4" is inferior to an "Affidavit of
Exemption from Withholding In Lieu of W-4,"
when the latter is verified under penalty of
perjury and when it conforms to Section 1746.
We recommend that workers who want to stop
voluntary withholding, compromise by titling
their statements with "Certificate of Exemption
from Withholding In Lieu of W-4, by Affidavit,"
which Affidavit is verified under Section 1746(1).
For an example, see Gilbertson's OPENING BRIEF
here in the Supreme Law Library. The 50 states
are "without (outside) the United States".
The key point here is to place oneself
under the sanction of a severe penalty,
if one's testimony should prove to be
If the penalties were not severe, then
witnesses would have less reasons to
tell the truth, and more reasons to lie,
because the consequences of lying might
be more tolerable, given a lighter penalty.
I hope this helps.
/s/ Paul Andrew Mitchell, B.A., M.S.
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