c/o General Delivery
Battle Lake [zip code exempt]
MINNESOTA STATE
March 27, 1997
Daniel M. Scott
c/o 174 U.S. Courthouse
110 South Fourth Street
Minneapolis 55401/tdc
MINNESOTA STATE
Subject: POSITION OF PARTIES, March 24, 1997
U.S.A. v. Gilbertson, USDC, #4-96-65
Dear Mr. Scott:
I must emphatically object to the pleading which you have filed
in the above case. In the first paragraph, you make a statement
which falsely implies that I authorized you to prepare and file
this pleading. This is just not true. I never authorized you to
prepare such a pleading.
I am forced to conclude either that a fundamental
misunderstanding has developed between us or, worse, that you are
deliberately siding with the opposing party(s), in blatant
violation of My fundamental Right to effective assistance of
Counsel. See Sixth Amendment.
You will note from the pleadings which I have filed in recent
weeks, that I am now proceeding In Propria Persona [sic]. Confer
in Black's Law Dictionary for the precise legal definition of
this mode of proceeding. I will not allow your negligence to
create a presumption that I have admitted to the jurisdiction of
the United States District Court in the instant case. I have not.
You also contradict yourself in the pleading in question. In the
first paragraph, you state that you are "standby counsel", but
then below your signature, you state that you are "Attorney for
Defendant." These two modes of assisting Me are totally and
completely incompatible and irreconcilable. In the latter mode,
I would not be proceeding In Propria Persona, and you would have
general power of attorney over the entire case. I deny that you
have such power over this case, or over Me or My property.
You make an even more serious and egregious error by stating that
"[T]he total tax due and owing for the two years in the
indictment is approximately $13,650.00." I have never admitted
that any such amount was "due and owing." Those are your words,
not mine. Furthermore, this is an admission which I never
authorized you to make to the Court, even if I had ever made such
an admission to you privately. I regard such an admission by you
to be a clear and present breach of your legal and moral
obligations to honor client confidentiality in all cases.
Moreover, a fundamental question remains unanswered in this case,
and others like it, when licensed bar members like yourself
proceed on the basis of the rebuttable assumption that there is
an underlying liability statute for what you term as a "tax due
and owing." The only extant liability statutes for the federal
income tax are those enacted for withholding agents. See the
sections cited in the IRC definition of "withholding agent" at
IRC 7701(a)(16).
Finally, you misrepresent our relationship by stating,
incorrectly, that I am requesting "the lowest possible guideline
range to be selected." I have never requested any such thing,
and you are wrong to make such misrepresentative statement(s)
before the United States District Court, without My approval.
I must close by reminding you that you are claiming to be an
officer of the court, who must have executed an oath of office.
My FOIA request for same politely requested that you forward said
request to the correct person, if you were not the correct person
to provide the document(s) in question. Instead, you passed the
matter back to Me. Your conduct in passing it back to Me
suggests that you are trying to avoid the issue. If you knew
enough to suggest the name(s) of persons to whom I should re-
submit said requests, then why didn't you forward the requests
yourself? Please answer this question in writing, because I
intend to submit your answer into the official Court record of
this case.
Until such time as I receive proof of your credentials, I can and
will proceed on the basis of the presumption that you do not have
them. I herein express My intent to charge you with trespass and
fraud, if you fail to produce your official credentials.
Accordingly, I hereby demand that you withdraw your most recent
pleading entitled POSITION OF PARTIES, and notice all interested
party(s) of your decision to do so. If you do not withdraw it
immediately (within 72 hours), this is formal Notice to you of My
intent to strike said pleading permanently from the record.
In the future, please submit all proposed pleadings to Me, for My
prior written approval, before submitting anything to the Clerk
and/or to any other interested party(s). If the request I am
making in this paragraph is not clear, please say so, and I will
elaborate the precise procedures I demand that you must follow
until further notice from Me.
Thank you very much for your consideration.
Sincerely yours,
/s/ Everett C. Gilbertson
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
copy: James R. Rosenbaum, presiding judge
Francis Dosal, Clerk of Court
Henry J. Shea, Assistant U.S. Attorney
Minnesota State Bar Association
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U.S.A. v. Gilbertson, District Court