Floyd Raymond, Looker, Sui Juris
c/o General Delivery
Nettie [zip code exempt]
WEST VIRGINIA
In Propria Persona
All Rights Reserved Without Prejudice
DISTRICT COURT OF THE UNITED STATES
NORTHERN JUDICIAL DISTRICT OF WEST VIRGINIA
Floyd Raymond, Looker, ) Docket Nos. 5:96-CR-40
) 1:96-CR-41
Plaintiff, ) 1:96-CR-42
) 1:96-CR-43
v. )
) AFFIDAVIT OF NON-WAIVER
United States, ) OF EXTRADITION:
and Does 1-99, ) 28 U.S.C. 1746(1);
) Tenth Amendment;
Respondents. ) Rules 201(d), 301,
______________________________) Federal Rules of Evidence
COMES NOW Floyd Raymond, Looker, Sui Juris, Citizen of West
Virginia state and Plaintiff in the above entitled matter
(hereinafter "Plaintiff"), 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, 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, Floyd Raymond, Looker, Sui Juris, hereby certify, 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, Floyd Raymond, Looker, Sui Juris, hereby certify,
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 West Virginia
(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 West Virginia,
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. 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.
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 trade in
the private properties which I am unlawfully accused of
possessing and distributing, even if the State of West Virginia
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. 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
corporate State governments.
Affidavit of Non-Waiver of Extradition:
Page 3 of 6
6. Because of the Lopez case, 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 possession of other private properties 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 My Counsel of Choice, Paul
Andrew, Mitchell, B.A., M.S., I have executed and presented
pleadings to the United States District Court "Under Protest",
which phrase is exhibited prominently on the face page of every
pleading filed in said court. 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.
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:
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Counsel of Record
c/o 2509 North Campbell Avenue, #1776
Tucson, Arizona state
no later than 5:00 p.m. on Friday, January 24, 1997. Beyond that
deadline, the doctrine of estoppel by acquiescence will prevail,
pursuant to the authorities in U.S. v. Tweel, quoting U.S. v.
Prudden, and Carmine v. Bowen.
Further Affiant Sayeth Naught.
Affidavit of Non-Waiver of Extradition:
Page 4 of 6
Executed on ____________________________________
/s/ Ray Looker
Floyd Raymond, Looker, Sui Juris
Citizen of West Virginia state
Executed on December 23, 1996
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Counsel to Plaintiff
Affidavit of Non-Waiver of Extradition:
Page 5 of 6
PROOF OF SERVICE
I, Paul Andrew, Mitchell, 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:
United States Attorney Clerk of Court
Federal Building District Court of the U.S.
c/o P.O. Box 591 c/o P.O. Box 471
Wheeling [zip code exempt] Wheeling [zip code exempt]
WEST VIRGINIA WEST VIRGINIA
Attorney General Solicitor General
Department of Justice Department of Justice
10th and Constitution, N.W. 10th and Constitution, N.W.
Washington [zip code exempt] Washington [zip code exempt]
DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA
Chief Judge William H. Rehnquist, C.J.
4th Circuit Court of Appeals Supreme Court of the U.S.
10th & Main Streets 1 First Street, N.E.
Richmond [zip code exempt] Washington [zip code exempt]
COMMONWEALTH OF VIRGINIA DISTRICT OF COLUMBIA
Executed on December 23, 1996
/s/ Paul Andrew Mitchell
__________________________________________
Paul Andrew Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Counsel to Plaintiff
Affidavit of Non-Waiver of Extradition:
Page 6 of 6
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U.S.A. v. Looker