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], ) NOTICE AND DEMAND
) FOR PROOF OF POWER,
v. ) STANDING, AND JURISDICTION
) IN THE PARTICULARS;
EVERETT C. GILBERTSON [sic], ) NOTICE OF FRAUD UPON
) THE COURT
Defendant [sic]. )
________________________________)
COMES NOW Everett C. Gilbertson, Sui Juris, Citizen of Minnesota
state and Defendant in the above entitled matter (hereinafter
"Defendant"), to make this formal Demand upon the "United States"
to file into the official Court record of the instant case,
certified documentary evidence of the following, and to provide
formal Notice to all interested party(s) of same, to wit:
1. Lawful Powers of Attorney for the United States
Attorney(s) of record to represent the "UNITED STATES
OF AMERICA" [sic] in a criminal action before a "UNITED
STATES DISTRICT COURT" [sic].
2. Statutory, regulatory, and constitutional authority
which grants legal standing to the "UNITED STATES OF
AMERICA" [sic] to bring a criminal action before a
"UNITED STATES DISTRICT COURT" [sic].
3. Statutory, regulatory, and constitutional authority
which grants jurisdiction to a "UNITED STATES DISTRICT
COURT" [sic], as opposed to a "DISTRICT COURT OF THE
UNITED STATES" [sic], to hear a criminal case against a
Union State Citizen when the alleged crime was
committed inside the state zone and outside the federal
zone. See American Insurance Co. v. 356 Bales of
Cotton, 1 Pet. 511, 7 L.Ed 242 (1828).
Notice & Demand for Proof of Power/Standing/Jurisdiction:
Page 1 of 4
Defendant also charges fraud upon this honorable Court, and
provides formal Notice of same to all interested party(s), which
fraud is evidenced by a trespass committed upon the instant case
by attorneys for the "United States" in their recent pleading
entitled GOVERNMENT'S POSITION WITH RESPECT TO SENTENCING, dated
March 5, 1997. Said attorneys have exhibited no lawful Powers of
Attorney to represent the Plaintiffs "United States of America."
This honorable Court will please take formal judicial notice
that the opening sentence of said pleading admits, notoriously,
that the "United States" [sic] is attempting to submit its
position with respect to sentencing, whereas the stated
Plaintiffs in the instant case are the "United States of America"
[sic], which have no legal standing before this honorable Court.
Defendant submits that the "United States of America" have
never been granted legal standing to bring this action before the
United States District Court ("USDC") in the first instance.
Accordingly, Defendant now files this, His formal NOTICE AND
DEMAND FOR PROOF OF POWER, STANDING, AND JURISDICTION IN THE
PARTICULARS, in order to establish, once and for all, whether or
not the "UNITED STATES OF AMERICA" have ever been granted proper
legal standing, by Act of Congress, to bring the instant criminal
prosecution before the USDC, among other things. Lack of
standing and/or jurisdiction are issues which go to subject
matter jurisdiction, which can be raised at any time.
Notice & Demand for Proof of Power/Standing/Jurisdiction:
Page 2 of 4
CONSPICUOUS NOTICE OF DEADLINE
Formal notice is hereby given to all interested party(s)
that Defendant will require the above named certified evidentiary
documents to be entered into the official Court record of the
instant case, and to be served upon Defendant by transmitting
said documents via first class United States Mail directed to the
following mailing location:
Everett C. Gilbertson, Sui Juris
c/o Rural Route 1, Box 140
Battle Lake [zip code exempt]
MINNESOTA STATE
no later than 5:00 p.m. on Friday, April 4, 1997. Failure to do
either (filing and service) will constitute an open admission,
for all the world to see, that the requisite proofs of power,
standing, and/or jurisdiction do not exist in the first instance.
See USPS Publication #221 for mailing directions.
Dated: ______________________________
Respectfully submitted,
/s/ Everett C. Gilbertson
_____________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
All Rights Reserved without Prejudice
Notice & Demand for Proof of Power/Standing/Jurisdiction:
Page 3 of 4
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):
NOTICE AND DEMAND FOR PROOF OF
POWER, STANDING, AND JURISDICTION
IN THE PARTICULARS;
NOTICE OF FRAUD UPON THE COURT
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, Minnesota state
Attorney General
Department of Justice
10th & Constitution, N.W.
Washington, D.C.
Solicitor General
Department of Justice
10th & Constitution, N.W.
Washington, D.C.
Dated: _________________________________
/s/ Everett C. Gilbertson
__________________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
All Rights Reserved without Prejudice
Notice & Demand for Proof of Power/Standing/Jurisdiction:
Page 4 of 4
# # #
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U.S.A. v. Gilbertson, 8th Circuit