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