Donald E. Wishart, Sui Juris
Citizen of California State,
Federal Witness and Victim
c/o 5150 Graves Avenue, Suite 12-C
San Jose [ZIP code exempt]
CALIFORNIA, USA
In Propria Persona
All Rights Reserved
without Prejudice
DISTRICT COURT OF THE UNITED STATES
NORTHERN JUDICIAL DISTRICT OF CALIFORNIA
Donald E. Wishart, )
Docket No. CR-00-20227-JF
)
Cross-Plaintiff, ) SECOND SUPPLEMENT TO CROSS-COMPLAINT
v. ) FOR
DECLARATORY AND INJUNCTIVE
) RELIEF
AND DAMAGES:
United States, )
Billy Brown, ) 28 U.S.C. 453;
Paul Camacho, ) Article VI, Clause 3.
Don Hallenbeck, )
Mel Steiner, )
Dan Sutherland, )
Colbert Tang, )
Brian Watson, )
Ken Whitmore, )
Bay View Federal Bank, )
Internal Revenue Service, )
Jeremy Fogel, )
Patricia V. Trumbull, )
and Does 4 thru 100, )
)
Cross-Defendants. )
This is a civil action for declaratory and
injunctive relief, and damages, arising under the Constitution, Laws, and Treaties of the United States,
specifically 28
U.S.C. 453 and Article VI,
Clause 3, in the Constitution for the United States of America, as lawfully
amended (hereinafter “U.S.
Constitution”).
Cross-Plaintiff now formally names Mr. Jeremy Fogel and Ms. Patricia V. Trumbull as formal Cross-Defendants in the instant case, and hereinafter substitutes Jeremy Fogel in place of formerly unnamed Cross-Defendant “Doe 2”, and Patricia V. Trumbull in place of formerly unnamed Cross-Defendant “Doe 3”.
AFFIDAVIT OF
DEFAULT
1. Donald E. Wishart (hereinafter “Affiant” and/or “Cross-Plaintiff”) is of lawful age, possessing sound mind, and is competent to state the matters set forth herein; and,
2. This Affiant has Personal knowledge of the facts stated herein; and,
3. All the facts stated herein are true, correct, and certain, admissible as evidence and, if called upon as a witness, this Affiant will testify to their veracity; and,
4. This Affiant presents this Affidavit as the highest form of prima facie evidence in these matters; and,
5. This Affidavit is submitted pursuant to F.R.C.P., Title 28, Rule 56(e), and stands as prima facie evidence unless rebutted pursuant to F.R.C.P., Title 28, Rule 56(g); and,
6. This AFFIDAVIT pertains to DISCOVERY under said Criminal Case supra; and now,
Affiant states as follows:
7. On September 6, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His CONSTRUCTIVE NOTICE AND DEMAND, dated September 6, 2000, to the Administrative Office of the U.S. Courts, Attention: Leonidas Ralph Mecham, Thurgood Marshall Federal Judiciary Bldg., Washington, District of Columbia, USA (hereinafter “Mr. Mecham”), demanding a certified copy of the Oath of Office of one Jeremy Fogel, and of all provisions in the Constitution for the United States of America, as lawfully amended to date; and,
8. A true and correct copy of the CONSTRUCTIVE NOTICE AND DEMAND described in Paragraph 7. above, is attached as Attachment “A” and incorporated by reference, as if set forth fully herein; and,
9. On September 6, 2000 A.D., Affiant also signed and mailed via first class U.S. Mail His CONSTRUCTIVE NOTICE AND DEMAND, dated September 6, 2000, to Mr. Mecham, demanding a certified copy of the Oath of Office of one Patricia V. Trumbull, and of all provisions in the Constitution for the United States of America, as lawfully amended to date; and,
10. A true and correct copy of the CONSTRUCTIVE NOTICE AND DEMAND described in Paragraph 9. above, is attached as Attachment “B” and incorporated by reference, as if set forth fully herein; and,
11. On September 22, 2000 A.D., Affiant signed and mailed via first class U.S. Mail His CONSTRUCTIVE NOTICE AND DEMAND (second request), dated September 22, 2000, to Mr. Mecham, demanding a certified copy of the Oath of Office of one Jeremy Fogel, and all provisions in the Constitution for the United States of America, as lawfully amended to date; and,
12. A true and correct copy of the CONSTRUCTIVE NOTICE AND DEMAND (second request) described in Paragraph 11. above, is attached as Attachment “C” and incorporated by reference, as if set forth fully herein; and,
13. On September 22, 2000 A.D., Affiant also signed and mailed via first class U.S. Mail His CONSTRUCTIVE NOTICE AND DEMAND (second request), dated September 22, 2000, to Mr. Mecham, demanding a certified copy of the Oath of Office of one Patricia V. Trumbull, and of all provisions in the Constitution for the United States of America, as lawfully amended to date; and,
14. A true and correct copy of the CONSTRUCTIVE NOTICE AND DEMAND (second request) described in Paragraph 13. above, is attached as Attachment “D” and incorporated by reference, as if set forth fully herein; and,
15. On October 2, 2000, A.D., Affiant signed, mailed via first class U.S. Mail, and also transmitted via facsimile, His FINAL DEMAND FOR PRODUCTION OF DOCUMENTS, dated October 2, 2000, to Mr. Mecham, with a specific final deadline of 5:00 p.m. on Friday, October 6, 2000 A.D.; said FINAL DEMAND is attached as Attachment “E”; and,
16. As of 5:01 p.m. on Friday, October 6, 2000 A.D., Affiant has not received from Mr. Mecham any valid Oath(s) of Office duly executed by either Jeremy Fogel or Patricia V. Trumbull; and,
17. As of 5:01 p.m. on Friday, October 6, 2000 A.D., Affiant has not received from Mr. Mecham any provisions in the Constitution for the United States of America, as lawfully amended; and,
18. Accordingly, Affiant now proceeds on the basis of the presumptions that Jeremy Fogel and Patricia V. Trumbull have failed to execute a valid Oath of Office, as required by Article VI, Clause 3, in the U.S. Constitution, and by 28 U.S.C. 453, and that no valid Oath of Office exists for either Jeremy Fogel and Patricia V. Trumbull.
Further Affiant sayeth naught.
All premises having been duly considered, and in light of Cross-Plaintiff’s AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE verified infra, Cross-Plaintiff respectfully petitions this honorable Court for:
(1) an ORDER to Jeremy Fogel and Patricia V. Trumbull, to show cause why each should not be charged with impersonating a federal officer, in violation of 18 U.S.C. 912; impersonating a federal officer and, in such assumed character, arresting and detaining Cross-Plaintiff, in violation of 18 U.S.C. 913; deprivation of Cross-Plaintiff’s fundamental Rights, in violation of 18 U.S.C. 242; conspiracy to deprive Cross-Plaintiff’s fundamental Rights, in violation of 18 U.S.C. 241; and racketeering and engaging in a pattern of racketeering activity, in violation of 18 U.S.C. 1962; and,
(2) all other relief which this Court deems just and proper, under the circumstances which have occasioned this COMPLAINT.
I, Donald E. Wishart, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws is true and correct, and that the attached documents are true and correct copies of the corresponding originals, with the sole exception of the original blue-ink signatures, which signatures I hereby attach by proxy, according to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause in pari materia with all provisions of Title 28, U.S.C. (Constitution, Laws and Treaties of the United States).
Dated: October 5, 2000 A.D.
Time: 5:01 p.m. (17:01 hours) Pacific Daylight Time (“PDT”)
Respectfully submitted,
/s/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State,
Federal Witness and Victim (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
See Pannill v. Roanoke, 252 F. 910, 914; 42 USCS 1983;
and Wadleigh v. Newhall, 136 F. 941 (CC Cal, 1905)
All Rights Reserved without Prejudice
I, Donald E. Wishart, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), 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):
SECOND SUPPLEMENT
TO CROSS-COMPLAINT
AND DAMAGES:
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 U.S. Attorney Office of the U.S. Attorney
280 South First St., Ste. 371 312 North Spring Street
San Jose [ZIP code exempt] Los Angeles [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Department of Justice, Tax Div. Department of Justice, Tax Div.
West. Criminal Enforcement Sec. West. Criminal Enforcement Sec.
600 “E” St., N.W., Room 5712 600 “E” St., N.W., Room 5712
Washington [ZIP code exempt] Washington [ZIP code exempt]
DISTRICT OF COLUMBIA, USA DISTRICT OF COLUMBIA, USA
Federal Public Defender’s Office Internal Revenue Service
160 W. Santa Clara St., Ste. 575 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Paul Camacho Don Hallenbeck
Internal Revenue Service Internal Revenue Service
55 South Market Street 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Mel Steiner Colbert Tang
Internal Revenue Service Internal Revenue Service
55 South Market Street 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Brian
Watson Ken
Whitmore
Internal Revenue Service Internal Revenue Service
55 South Market Street 55 South Market Street
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA, USA CALIFORNIA, USA
Dan Sutherland Solicitor General
Internal Revenue Service U.S. Dept. of Justice
55 South Market Street 10th & Constitution, N.W.
San Jose [ZIP code exempt] Washington [ZIP code exempt]
CALIFORNIA, USA DISTRICT OF COLUMBIA, USA
Bay View
Federal Bank Chief
Counsel
Attention: Legal Department Internal Revenue Service
2121 South El Camino Real 1111 Constitution Ave., N.W.
San Mateo [ZIP code exempt] Washington [ZIP code exempt]
CALIFORNIA, USA DISTRICT OF COLUMBIA, USA
Jeremy Fogel Patricia V. Trumbull
c/o Clerk of Court c/o Clerk of Court
280 South First St., Rm. 2112 280 South First Street, Rm. 2112
San Jose [ZIP code exempt] San Jose [ZIP code exempt]
CALIFORNIA,
USA CALIFORNIA, USA
Executed on October 5, 2000 A.D.
Time: 5:01 p.m. (17:01 hours) PDT
/s/ Donald E. Wishart
Donald E. Wishart, Sui Juris
Citizen of California State,
Federal Witness and Victim (18 U.S.C. 1512, 1513)
(expressly not a “citizen of the United States” [sic])
See Pannill v. Roanoke, 252 F. 910, 914; 42 USCS 1983;
and Wadleigh v. Newhall, 136 F. 941 (CC Cal, 1905)
All Rights Reserved without Prejudice
Attachment “A”:
First DEMAND from Donald E. Wishart
to Administrative Office of the U.S. Courts,
Attention: Leonidas Ralph Mecham,
dated: September 6, 2000
for
Jeremy Fogel’s Oath of Office and
All Provisions in the U.S. Constitution,
as lawfully amended
Attachment “B”:
First DEMAND from Donald E. Wishart
to Administrative Office of the U.S. Courts,
Attention: Leonidas Ralph Mecham,
dated: September 6, 2000
for
Patricia V. Trumbull’s Oath of Office and
All Provisions in the U.S. Constitution,
as lawfully amended
Attachment “C”:
Second DEMAND from Donald E. Wishart
to Administrative Office of the U.S. Courts,
Attention: Leonidas Ralph Mecham,
dated: September 22, 2000
for
Jeremy Fogel’s Oath of Office and
All Provisions in the U.S. Constitution,
as lawfully amended
Attachment “D”:
Second DEMAND from Donald E. Wishart
to Administrative Office of the U.S. Courts,
Attention: Leonidas Ralph Mecham,
dated: September 22, 2000
for
Patricia V. Trumbull’s Oath of Office and
All Provisions in the U.S. Constitution,
as lawfully amended
Attachment “E”:
FINAL DEMAND from Donald E. Wishart
to Administrative Office of the U.S. Courts,
Attention: Leonidas Ralph Mecham,
dated: October 2, 2000
for
Jeremy Fogel’s Oath of Office,
Patricia V. Trumbull’s Oath of Office, and
All Provisions in the U.S. Constitution,
as lawfully amended