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 # # #
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U.S.A. v. Gilbertson, 8th Circuit