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