Everett C. Gilbertson, Sui Juris
c/o General Delivery
Battle Lake [zip code exempt]
MINNESOTA STATE
In Propria Persona
Under Protest and
by Special Visitation
UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
FOURTH DIVISION
UNITED STATES OF AMERICA [sic], ) Case No. CR-4-96-65
)
Plaintiff [sic], ) AFFIDAVITS OF DEFAULT
) AND OF PROBABLE CAUSE:
v. ) 28 U.S.C. 1746(1);
) 18 U.S.C. 241, 242;
EVERETT C. GILBERTSON [sic], ) Rule 201(d), Federal Rules
) of Evidence
Defendant [sic]. )
________________________________)
COMES NOW Everett C. Gilbertson, Sui Juris, Citizen of Minnesota
state, expressly not a citizen of the United States ("federal
citizen") and Defendant in the above entitled matter (hereinafter
"Defendant"), to provide Notice to all interested party(s), and
to demand mandatory judicial notice by this honorable Court,
pursuant to Rule 201(d) of the Federal Rules of Evidence, of
these, Defendant's AFFIDAVITS OF DEFAULT AND OF PROBABLE CAUSE
concerning the various Freedom of Information Act ("FOIA")
requests and appeals submitted to date, and the various NOTICES
AND DEMANDS made upon the several employees of the executive and
judicial departments of the United States (federal government)
also submitted to date in the instant case.
Affidavit of Default and of Probable Cause:
Page 1 of 6
AFFIDAVIT OF DEFAULT
Defendant submitted several FOIA requests and appeals which
have been filed in the official Court record of the instant case
in the form of a pleading entitled NOTICE AND DEMAND FOR
MANDATORY JUDICIAL NOTICE, and which have already been served on
all interested party(s) as documentary exhibits in said pleading.
In addition to said FOIA requests and appeals, Defendant has
also submitted several NOTICES AND DEMANDS to certain employees
of the executive and judicial departments of the United States
(federal government), which NOTICES AND DEMANDS have also been
filed in the official record of the instant case in the form of a
pleading entitled NOTICE AND DEMAND FOR MANDATORY JUDICIAL
NOTICE, and which have already been served on all interested
party(s) as documentary exhibits in said pleading.
The subject matters of all requests, appeals, notices and
demands went to:
(1) the official credentials of all named individuals;
(2) the powers of attorney (if any) for the United States
Attorneys of record in the instant case to represent the alleged
Plaintiffs United States of America [sic];
(3) the legal standing (if any) for the Plaintiffs United
States of America [sic] to bring a criminal action before this
United States District Court ("USDC");
(4) the lawful jurisdiction (if any) of this USDC to hear a
criminal prosecution brought under color of a grand jury
indictment alleged to have been issued against Defendant; and,
(5) other matters which are already documented in the
official Court record of the instant case.
Affidavit of Default and of Probable Cause:
Page 2 of 6
The deadline for production of all documents requested by
Defendant to date was 5:00 p.m. on Monday, April 7, 1997. As of
that precise deadline, Defendant has received absolutely none of
the documents requested in the various FOIA requests and appeals,
and in the various formal notices and demands, which Defendant
has submitted to the several named employees of the executive and
judicial departments of the United States (federal government) in
the instant case. Administrative remedies are now exhausted.
Accordingly, Defendant hereby invokes the doctrine of
estoppel by acquiescence, pursuant to Carmine v. Bowen, 64 A. 932
(1906), and charges fraud upon this honorable Court, pursuant to
U.S. v. Tweel, 550 F.2d 297, 299 (1977).
Silence activates estoppel, pursuant to Carmine supra, and
silence is also a fraud, pursuant to Tweel supra, because the
various employees of the executive and judicial departments of
the United States (federal government) are required, and
presumed, to have executed a valid oath of office, pursuant to
Article VI, Section 3, in the Constitution for the United States
of America, as lawfully amended ("U.S. Constitution").
Said oaths of office were never timely produced and,
accordingly, Defendant cannot be made to wait indefinitely, when
the FOIA itself mandates certain administrative deadlines which
can only be extended under special circumstances which have not
arisen in the instant case. Judicial remedies are now in order.
The sum total of all government actions in the instant case
thus amounts to barratry, which is defined as a criminal offense
in Black's Law Dictionary. See State v. Batson, 220 N.C. 411, 17
S.E.2d 511, 512, 513, as cited therein.
Affidavit of Default and of Probable Cause:
Page 3 of 6
AFFIDAVIT OF PROBABLE CAUSE
When said oaths of office and related credentials and other
authorities were not exhibited by the named employees of the
executive and judicial departments of the United States (federal
government), upon receipt of proper and lawful demand(s) for
same, made in writing by Defendant, Defendant now has probable
cause to move against all such persons for conspiring to deprive
Defendant of fundamental Rights, Privileges, and Immunities
secured to Him by the U.S. Constitution, specifically including
His fundamental Right to due process of law, in violation of
several criminal statutes, including but not limited to 18 U.S.C.
section 242 (deprivation of fundamental Rights under color of
law), and section 241 (conspiracy to deprive Citizens of
fundamental Rights).
NOTICE OF INTENT
Defendant hereby serves formal Notice upon all interested
party(s) of Defendant's intent, expressed hereby, to bring
appropriate criminal charges against all persons named in the
several FOIA requests and appeals and in the various notices and
demands hereinbefore filed and previously served on said persons.
VERIFICATION
I, Everett C. Gilbertson, Sui Juris, Citizen of Minnesota
state, expressly not a citizen of the United States ("federal
citizen"), hereby verify, under penalty of perjury, under the
laws of the United States of America, without ("outside") the
"United States", that the above statement of facts is true and
correct, to the best of My current information, knowledge, and
belief, so help Me God, pursuant to 28 U.S.C. 1746(1).
Further Affiant Sayeth Naught
Affidavit of Default and of Probable Cause:
Page 4 of 6
Dated: _______________________________________
Respectfully submitted,
/s/ Everett C. Gilbertson
______________________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Affidavit of Default and of Probable Cause:
Page 5 of 6
PROOF OF SERVICE
I, Everett C. Gilbertson, 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):
AFFIDAVITS OF DEFAULT AND OF PROBABLE CAUSE:
28 U.S.C. 1746(1); 18 U.S.C. 241, 242;
Rule 201(d), Federal Rules of Evidence
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:
Henry Shea
United States Attorneys
110 South Fourth Street
Minneapolis [zip code exempt]
MINNESOTA STATE
Attorney General
Department of Justice
10th & Constitution, N.W.
Washington [zip code exempt]
DISTRICT OF COLUMBIA
Solicitor General
Department of Justice
10th & Constitution, N.W.
Washington [zip code exempt]
DISTRICT OF COLUMBIA
Dated: _________________________________
/s/ Everett C. Gilbertson
__________________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
See USPS Publication #221 for addressing instructions.
Affidavit of Default and of Probable Cause:
Page 6 of 6
# # #
Return to Table of Contents for
U.S.A. v. Gilbertson, 8th Circuit