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
) MANDATORY JUDICIAL NOTICE:
v. )
) Rule 201(d), Federal Rules
EVERETT C. GILBERTSON [sic], ) of Evidence
)
Defendant [sic]. )
________________________________)
COMES NOW Everett C. Gilbertson, Sui Juris, Citizen of Minnesota
state and Defendant in the above entitled matter (hereinafter
"Defendant"), to provide formal Notice to all interested parties,
and to demand mandatory judicial notice by this honorable Court,
pursuant to Rule 201(d) of the Federal Rules of Evidence, of His
NOTICE AND DEMAND to the Administrative Office of the U.S. Courts
and to the Clerk of this honorable Court, which NOTICE AND DEMAND
is attached hereto and incorporated by reference as if set forth
fully herein. Mandatory judicial notice leaves no room for
discretion on the part of this honorable Court, since the
legislative intent of the word "shall" in Rule 201(d) has a
compulsory meaning. Confer at "shall" in Black's Law Dictionary.
Fourth Notice and Demand for Mandatory Judicial Notice:
Page 1 of 5
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 attached document is a true
and correct copy of the original, with the sole exception of the
original blue-ink signature, which signature I hereby apply to
said document by proxy, so help Me God, pursuant to 28 U.S.C.
1746(1).
Dated: ______________________________
Respectfully submitted,
/s/ Everett C. Gilbertson
_____________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
All Rights Reserved without Prejudice
Fourth Notice and Demand for Mandatory Judicial Notice:
Page 2 of 5
c/o General Delivery
Battle Lake [zip code exempt]
MINNESOTA STATE
NOTICE AND DEMAND
TO: Disclosure Officer
Administrative Office of the U.S. Courts
Thurgood Marshall Federal Judiciary Building
One Columbus Circle, N.E.
Washington [zip code exempt]
DISTRICT OF COLUMBIA
TO: Clerk of Court
United States District Court [sic]
110 South Fourth Street
Minneapolis [zip code exempt]
MINNESOTA STATE
Dear Federal Officers:
This is My formal Notice and Demand that you produce the
certified documents requested in the Freedom of Information Act
("FOIA") requests and appeals which I have previously submitted
to you, copies of which are attached hereto and incorporated by
reference as if set forth fully herein. I am requiring the
production of these documents no later than 5:00 p.m. on Friday,
April 4, 1997 (date highlighted to render it conspicuous).
I submit to you that the blanket FOIA exemption for the federal
judiciary is overly broad and therefore unconstitutional for
exhibiting an obvious conflict with the Oath of Office provision
in the Constitution for the United States of America, as lawfully
amended ("U.S. Constitution"). See Article VI, Clause 3.
The Framers of the U.S. Constitution would never have required
the oath of office for all federal and state employees, and then
allowed said oaths to be kept "secret" under some frivolous claim
to privacy. Although I can see many cases in which federal
employees are rightfully covered by provisions of the Privacy
Act, their oath of office should not be exempt. Accordingly, I
hereby challenge the constitutionality of the blanket FOIA
exemption for the federal judiciary.
I will stipulate here that copies of their individual signatures
can and should be redacted, to protect them from the possibility
of forgeries, based on their actual blue-ink signatures. For
your information, numerous Appointment Affidavits have already
been released by agencies of the federal government, with
signatures redacted.
Nevertheless, I still require certified copies of the redacted
oaths of office, in order to establish, as a matter of fact, that
the persons in question do hold lawful title to the offices which
they now claim to occupy. Please be advised also that I have
requested other documents, in addition to credentials.
Thank you very much for your consideration.
Fourth Notice and Demand for Mandatory Judicial Notice:
Page 3 of 5
Executed on: _________________________________
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
attachments: FOIA requests and appeals previously submitted
Fourth Notice and Demand for Mandatory Judicial Notice:
Page 4 of 5
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
MANDATORY JUDICIAL NOTICE:
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, 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
Fourth Notice and Demand for Mandatory Judicial Notice:
Page 5 of 5
# # #
Return to Table of Contents for
U.S.A. v. Gilbertson, District Court