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 COURT OF APPEALS

                         EIGHTH CIRCUIT


UNITED STATES OF AMERICA [sic], ) Case No. 97-2099-MNST
                                )
          Plaintiff [sic]/      ) USDC Minneapolis #CR-4-96-65
          Appellee,             ) DCUS Minneapolis #4-96-65
     v.                         )
                                ) MOTION FOR RELEASE
EVERETT C. GILBERTSON [sic],    ) PENDING APPEAL:
                                )
          Defendant [sic]/      ) FRAP Rule 9(a)
          Appellant.            )
                                )
________________________________)


COMES NOW  Everett C. Gilbertson, Sui Juris, Citizen of Minnesota

state, expressly  not a  citizen of  the United  States ("federal

citizen"),  and   Appellant  in   the   above   entitled   matter

(hereinafter "Appellant")  to move this honorable Court, pursuant

to  Rule  9(a)  of  the  Federal  Rules  of  Appellate  Procedure

("FRAP"), for  an Order  allowing Appellant  to remain at liberty

upon the  same terms  and conditions  as  His  pretrial  release,

pending appeal  of the  substantial issues  of law and fact which

have arisen  in the  instant case,  and in  the related  case  of

Gilbertson v. United States et al., DCUS Minneapolis, #4-96-65.

     Appellant is  not a  threat to  abscond, nor  has  Appellant

shown any likelihood of danger to others.


               Motion for Release Pending Appeal:
                           Page 1 of 6


     Appellant believes  there is  a substantial  likelihood that

this honorable Court will reverse the conviction, in part because

of the specific issues which arose at the hearing in the district

court on  April 23,  1997, to  consider  Appellant's  MOTION  FOR

RELEASE PENDING  APPEAL.   United States  District Judge James M.

Rosenbaum denied  said MOTION  at that  hearing, on grounds which

are recorded in the Reporter's Transcript of that hearing ("RT").

     Appellant wishes  to inform  this honorable  Court  that  an

expedited copy  of said  RT has  been requested from the district

court reporter  and will be filed, along with the instant MOTION,

with all  deliberate speed,  pursuant to the requirements of FRAP

Rule 9(a), to wit:

     An  Appellant  who  questions  the  factual  basis  for  the
     district court's order must file a transcript of any release
     proceedings in the district court or an explanation of why a
     transcript has  not been  obtained.    The  appeal  must  be
     determined promptly.


     Appellant wishes  to bring  squarely before  this Court  the

related  case  of  Gilbertson  v.  United  States  et  al.,  DCUS

Minneapolis case  number #4-96-65.  In that case, both the United

States and  James M.  Rosenbaum are  named respondents in a civil

action to enjoin the improper withholding of Mr. Rosenbaum's Oath

of Office  and related  credentials, and  to compel  discovery of

said credentials, after they were properly, and timely, requested

by means  of a  Freedom of Information Act ("FOIA") request and a

separate NOTICE  AND DEMAND  for same.   Appellant has openly and

formally challenged  the constitutionality  of the  blanket  FOIA

exemption for  the federal judiciary, and Appellant has exhausted

all administrative  remedies available  to Him  under  the  FOIA.

Appellant's NOTICE AND DEMAND also met with default.


               Motion for Release Pending Appeal:
                           Page 2 of 6


     Accordingly, Appellant  submits that  James M. Rosenbaum was

prevented from  presiding at  the hearing  on April  23, 1997, to

consider Appellant's MOTION FOR RELEASE PENDING APPEAL, due to an

adverse conflict  of interest.   The existence of such a conflict

is sufficient ground for immediate and mandatory recusal from the

instant case, pursuant to 28 U.S.C. 455(a), to wit:

     (a)  Any justice,  judge, or magistrate of the United States
     shall disqualify  himself in  any proceeding  in  which  his
     impartiality might be reasonably be questioned.


The term  "shall" in  28 U.S.C.  455(a)  denotes  an  imperative,

mandatory meaning  which prevented  Mr. Rosenbaum from exercising

any  discretion   whatsoever  in   the  matter  of  presiding  at

Appellant's hearing on April 23, 1997.

     Moreover, the  district court's decision to deny Appellant's

MOTION  FOR  RELEASE  PENDING  APPEAL  was  predicated  upon  Mr.

Rosenbaum's findings  concerning Appellant's declared citizenship

status.   Appellant lays  claim to  the status  of a  Citizen  of

Minnesota state  who is  not also  a federal citizen, by Right of

Election, under  the Tenth  Amendment.   See Gardina  v. Board of

Registrars, 160  Ala. 155,  48 S.  788, 791  (1909);    State  v.

Fowler, 41  La. Ann.  380, 6  S. 602  (1889).    Confer  also  at

"Federal citizenship"  in Black's  Law Dictionary, Sixth Edition.

(There is  no  comparable  definition  of  state  Citizenship  in

Black's Law Dictionary, Sixth Edition.)


               Motion for Release Pending Appeal:
                           Page 3 of 6


     Appellant argues  that such an election is a political Right

which is  available to  Him, regardless  of whether the so-called

14th amendment  was ratified  or not.   See  Dyett v. Turner, 439

P.2d 266,  270 (1968)  (begin  reading  where  "General  Lee  had

surrendered ...");  Full Faith and Credit Clause.  Confer also at

"Political rights" under "Right/Constitutional Rights" in Black's

Law Dictionary, Sixth Edition, to wit:

     Political  rights  consist  in  the  power  to  participate,
     directly   or    indirectly,   in   the   establishment   or
     administration  of   government,  such   as  the   right  of
     citizenship, that  of suffrage,  the right  to  hold  public
     office, and the right of petition.
                                                [emphasis added].


     Mr. Rosenbaum  disputed Appellant's claim to the status of a

Citizen of  Minnesota state  who is  not also  a citizen  of  the

United States,  and concluded  that Appellant's beliefs justified

continued detention  of Appellant,  in  violation  of  the  First

Amendment and of Appellant's immunity from Bills of Attainder.

     Appellant  also   believes  that  Mr.  Rosenbaum's  decision

denying Appellant's  MOTION FOR  RELEASE is  also based, in part,

upon the  prejudice which  Mr. Rosenbaum has exhibited by failing

to  rule   upon  Appellant's   MOTION  FOR   RECONSIDERATION   of

Appellant's previously  filed  MOTION  TO  STAY  PROCEEDINGS  FOR

FAILING TO  COMPLY WITH  JURY SELECTION  POLICY AND  CHALLENGE TO

CONSTITUTIONALITY OF FEDERAL STATUTE (28 U.S.C. 1865(b)(1)).

     Mr.  Rosenbaum   initially  denied   said  MOTION   TO  STAY

PROCEEDINGS, but  failed to  elaborate any basis for that denial,

and also  failed to  provide Appellant  with a written Finding of

Facts and Conclusions of Law.

     Appellant submits  that His  MOTION TO  STAY PROCEEDINGS was

procedurally proper,  and substantively  correct with  respect to

matters of  fact and law, and it deserved careful reconsideration

by the  district court, and it also deserved a written Finding of

Facts and  Conclusions of  Law, in anticipation of a major appeal

on Appellant's  challenge to  the constitutionality  of the  Jury

Selection and Service Act ("JSSA"), section 1865(b)(1).


               Motion for Release Pending Appeal:
                           Page 4 of 6


     Appellant respectfully requests this honorable Court to take

special Notice  of the  fact that the Office of the United States

Attorney  in   Minneapolis  failed   to  respond  in  writing  to

Appellant's MOTION  TO STAY  PROCEEDINGS.   Appellant argues that

the United States is now estopped, by its silence, from rebutting

Appellant's challenge to the constitutionality of the JSSA.


                        REMEDY REQUESTED

     Wherefore, all  premises considered,  Appellant  moves  this

honorable Court  for an  immediate order releasing Appellant from

detention, upon  the same  terms and  conditions as  his pretrial

release, pending  appeal and  final resolution of the substantial

issues of law and fact which have arisen in the instant case, and

in the related case.


                          VERIFICATION

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", that the above statement

of facts  and laws is true and correct, to the best of My current

information, knowledge,  and belief,  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
(expressly not a citizen of the United States)


               Motion for Release Pending Appeal:
                           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):

               MOTION FOR RELEASE PENDING APPEAL:
                         FRAP Rule 9(a)
                  Full Faith and Credit Clause

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:


Attorney General                   James M. Rosenbaum
Department of Justice              United States District Court
10th & Constitution, N.W.          110 South Fourth Street
Washington [zip code exempt]       Minneapolis [zip code exempt]
DISTRICT OF COLUMBIA               MINNESOTA STATE

Solicitor General                  Henry Shea
Department of Justice              United States Attorneys
10th & Constitution, N.W.          110 South Fourth Street
Washington [zip code exempt]       Minneapolis [zip code exempt]
DISTRICT OF COLUMBIA               MINNESOTA STATE


Dated:  __________________________________


/s/ Mrs. Everett C. Gilbertson
__________________________________________
Mrs. Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
(expressly not a citizen of the United States)

All Rights Reserved without Prejudice


               Motion for Release Pending Appeal:
                           Page 6 of 6


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U.S.A. v. Gilbertson, District Court