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