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