Russell Dean., Landers, Sui Juris
Citizen of North Carolina state
c/o general delivery
Billings, Montana state
zip code exempt
In Propria Persona
Under Protest, Necessity, and
by Special Visitation Only
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NORTH CAROLINA
UNITED STATES OF AMERICA, [sic],) Case No. 96 CR 34-4-BR
)
Plaintiff, [sic] ) AFFIDAVIT OF NON-WAIVER
) OF EXTRADITION:
v. ) 28 U.S.C. 1746(1);
) Tenth Amendment;
RUSSELL DEAN LANDERS, [sic] ) Federal Rules of Evidence,
) Rules 201(d), 301;
Respondent. ) 44 U.S.C. 1505(a)
________________________________)
COMES NOW Russell Dean., Landers, Sui Juris, Citizen of North
Carolina state and Respondent in the above entitled matter
(hereinafter "Respondent"), to present this His Affidavit of
Non-Waiver of Extradition to this honorable Court and to all
interested parties, and to provide notice of same to all
interested parties.
VERIFICATION
I, Russell Dean., Landers, 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:
Page 1 of 5
AFFIDAVIT OF NON-WAIVER OF EXTRADITION
1. I, Russell Dean., Landers, 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 North Carolina Republic
and the Laws of that 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 North Carolina 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 knowingly 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.
3. As against this high standard which the Supreme Court
of the United States 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.
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 for which there are no
regulations published in the Federal Register. See 44 U.S.C.
1505(a).
Affidavit of Non-Waiver of Extradition:
Page 2 of 5
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 legislative authority to prohibit as
criminal the activities alleged in My indictment, even if the
State of North Carolina does possess such legislative authority,
and even if the Congress does possess similar authority within
the federal zone. See "Conflict of Laws" in American
Jurisprudence.
6. Because of the Lopez case supra, I now have convincing
reason to believe that, if Congress cannot prohibit the
possession of a loaded firearm on public school grounds, then
Congress cannot prohibit the acts alleged within My indictment
when those acts are alleged to have been committed within the
several States of the "Union" known as the "United States of
America". Confer at "Union" and "United States of America" in
Bouvier's Law Dictionary (1856).
7. With the able assistance of one of My current Counsel
of choice, Paul Andrew, Mitchell, B.A., M.S., I have executed and
presented this Affidavit to the United States District Court
"Under Protest", which phrase is exhibited prominently on the
face page of this pleading. By using this phrase on the face
page of every pleading, 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.
Affidavit of Non-Waiver of Extradition:
Page 3 of 5
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 United
States District Court in the instant case, and also served on
the Respondent by means of first class United States Mail
directed to:
Russell Dean., Landers, Sui Juris
Citizen of North Carolina state
c/o general delivery
Billings, Montana state
zip code exempt
no later than 5:00 p.m. on Friday, October 25, 1996. 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).
Further Affiant Sayeth Naught.
Executed on _____________________________________________________
/s/ Russell Landers
Russell Dean., Landers, Sui Juris
Citizen of North Carolina state
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, Sui Juris
Citizen of Arizona state, federal witness
and Counselor at Law
Affidavit of Non-Waiver of Extradition:
Page 4 of 5
PROOF OF SERVICE
I, Russell Dean., Landers, Sui Juris, hereby verify, 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;
Federal Rules of Evidence, Rules 201(d), 301;
44 U.S.C. 1505(a)
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:
Office of the United States Attorney
c/o Clerk of Court
United States District Court
Britte, North Carolina state
Attorney General
Department of Justice
10th and Constitution, N.W.
Washington [zip code exempt]
DISTRICT OF COLUMBIA
Solicitor General
Department of Justice
10th and Constitution, N.W.
Washington [zip code exempt]
DISTRICT OF COLUMBIA
Executed on: _____________________________
/s/ Russell Landers
__________________________________________
Russell Dean., Landers, Sui Juris
Citizen of North Carolina state
all rights reserved without prejudice
Affidavit of Non-Waiver of Extradition:
Page 5 of 5
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U.S.A. v. Landers