Everett C. Gilbertson, Sui Juris
c/o general delivery
Battle Lake [zip code exempt]
MINNESOTA STATE
In Propria Persona
All Rights Reserved
without prejudice
DISTRICT COURT OF THE UNITED STATES
JUDICIAL DISTRICT OF MINNESOTA
FOURTH DIVISION
Everett C. Gilbertson, ) Docket Number: CR-4-96-65
)
Plaintiff, ) AFFIDAVIT OF NON-WAIVER
) OF EXTRADITION:
v. )
) 28 U.S.C. 1746(1);
United States, ) Tenth Amendment;
and Does 1-99, ) Rules 201(d), 301,
) Federal Rules of Evidence
Respondents. )
______________________________)
COMES NOW Everett C. Gilbertson, Sui Juris, Citizen of Minnesota
state, expressly not a citizen of the United States, and
Plaintiff in the above entitled matter (hereinafter "Plaintiff"),
to present this, His AFFIDAVIT OF NON-WAIVER OF EXTRADITION to
this honorable District Court of the United States ("DCUS") and
to all interested parties, and to provide notice of same to all
interested parties, including all Does both named and as yet
unnamed.
NOTICE TO PRINCIPALS IS NOTICE TO AGENTS.
NOTICE TO AGENTS IS NOTICE TO PRINCIPALS.
Affidavit of Non-Waiver of Extradition:
Page 1 of 6
VERIFICATION
I, Everett C. Gilbertson, Sui Juris, hereby verify, under penalty
of perjury, under the laws of the United States of America,
without the "United States", that the following statement is
true, correct, and not misleading, according to the best of My
current information, knowledge, and belief, so help Me God,
pursuant to 28 U.S.C. 1746(1):
AFFIDAVIT OF NON-WAIVER OF EXTRADITION
1. I, Everett C. Gilbertson, Sui Juris, hereby verify,
under penalty of perjury, under the laws of the United States of
America, without (outside) the "United States" (federal
government), that I have never waived My fundamental Right to be
extradited out of any and all foreign jurisdictions, into My
proper domestic jurisdiction which is the state of Minnesota (a
Republic) and the Laws of said Republic, including but not
limited to the Constitution for the United States of America, as
lawfully amended (hereinafter "U.S. Constitution"), which is the
supreme Law of My Land, and the Constitution of Minnesota state,
and all laws enacted pursuant to those constitutions.
2. I have studied federal laws and applicable court cases,
and I now know that waivers of fundamental Rights, like the Right
of Extradition, must be knowing and intelligent acts, done with
sufficient awareness of the relevant circumstances and likely
consequences. See Brady v. U.S., 397 U.S. 742 at 748 (1970).
Such waivers must be knowing, intentional, and voluntary, in
order to be construed as enforceable.
Affidavit of Non-Waiver of Extradition:
Page 2 of 6
3. As against this high standard which the U.S. Supreme
Court has established for any and all waivers of fundamental
Rights, I can honestly and confidently say that I have never ever
waived My fundamental Right, under the Tenth Amendment to the
U.S. Constitution, to be extradited out of a foreign jurisdiction
such as exists under the Article IV territorial jurisdiction of a
United States District Court ("USDC").
4. It was in such a territorial court that I was
unlawfully indicted by a biased grand jury of federal citizens,
for allegedly violating federal laws which have no territorial
jurisdiction or applicability outside the federal zone. See 18
U.S.C. 1513 in pari materia, specifically, "There is
extraterritorial Federal jurisdiction over an offense under this
section." This explicit extension of Federal jurisdiction is
conspicuously absent from the majority of other statutes codified
within Title 18, U.S.C., the federal criminal code, and also
within the Internal Revenue Code ("IRC").
5. After reading and studying the decision of the U.S.
Supreme Court in the case of U.S. v. Lopez, 131 L.Ed.2d 626
(1995), I am now entirely convinced that the Congress of the
United States has no constitutional authority to create municipal
legislation which applies within the geographic boundaries of
Minnesota state, even if the Congress does possess similar
authority within the federal zone. See "Conflict of Laws" in
American Jurisprudence. The Commerce Clause authorizes Congress
to regulate Commerce among the several States; it does not
authorize Congress to regulate Commerce among the inhabitants of
the several States, unless said inhabitants are authorized
officers, employees, or agents of the United States (federal
government). See 44 U.S.C. 1505(a) in pari materia.
Affidavit of Non-Waiver of Extradition:
Page 3 of 6
6. With the able assistance of Counsel of my choice, I
have executed and presented pleadings to the USDC "Under
Protest", which phrase is exhibited prominently on the face page
of every pleading filed in said court. By using this phrase, I
mean to convey to all interested parties the fact that I have
explicitly reserved all of My fundamental Rights, including the
Right of Extradition, without prejudice to any of My fundamental
Rights, and that My explicit reservation of all My Rights has
thus prevented the loss of any such Rights by application of the
legal concepts of waiver or estoppel.
NOTICE OF DEADLINE
This Affidavit is specifically intended to establish
presumptions of controlling laws and facts in the instant case.
Should other interested parties fail to rebut this Affidavit in a
timely manner, the statements of fact and law as contained herein
will become the truth of the instant case for all time. All
rebuttals must be filed in the official record of the District
Court of the United States ("DCUS") in the instant case, and
also served on the Plaintiff by means of first class United
States Mail directed to:
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
c/o general delivery
Battle Lake [zip code exempt]
MINNESOTA STATE
no later than 5:00 p.m. on Friday, April 25, 1997. Beyond that
deadline, the doctrine of estoppel by acquiescence will prevail,
pursuant to the authorities in U.S. v. Tweel, 550 F.2d 297, 299
(1977), quoting U.S. v. Prudden, 424 F.2d 1021, 1032 (1970), and
Carmine v. Bowen, 64 A. 932 (1906).
Affidavit of Non-Waiver of Extradition:
Page 4 of 6
Further Affiant Sayeth Naught.
Executed on ____________________________________
/s/ Everett C. Gilbertson
________________________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
Affidavit of Non-Waiver of Extradition:
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):
AFFIDAVIT OF NON-WAIVER OF EXTRADITION:
28 U.S.C. 1746(1); Tenth Amendment;
Rules 201(d), 301, Federal Rules of Evidence
by placing one true and correct copy of said document(s) in first
class U.S. 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
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice
Affidavit of Non-Waiver of Extradition:
Page 6 of 6
# # #
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U.S.A. v. Gilbertson, District Court