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 and

by Special Appearance Only

 

All Rights Reserved

without Prejudice

 

 

 

UNITED STATES DISTRICT COURT

 

NORTHERN DISTRICT OF CALIFORNIA

 

 

UNITED STATES OF AMERICA [sic],) Case Number CR-00-20227-JF

                               )

          Plaintiff [sic],     ) SECOND SUPPLEMENT TO

                               ) MOTION TO STRIKE SIX

     v.                        ) GOVERNMENT PLEADINGS:

                               )

DONALD E. WISHART [sic],       ) Article I, Section  9, Clause 8;

                               ) Article I, Section 10, Clause 1;

          Defendant [sic].     ) Article III, Section 2, Clause 2;

                               ) Guarantee Clause;

_______________________________) 28 U.S.C. 530B, 1652.

COMES NOW Donald E. Wishart, Sui Juris, Citizen of California State and Defendant in the above entitled matter (“Defendant”), to submit this, His SECOND SUPPLEMENT TO MOTION TO STRIKE SIX GOVERNMENT PLEADINGS, which MOTION was previously filed and properly served.

On October 13, 2000 A.D., Messrs. Robert S. Mueller III, Thomas S. DiLeonardo and Gregory S. Gordon filed and served three (3) more pleadings in the instant case, to wit:

 

(1)  GOVERNMENT’S OPPOSITION TO DEFENDANT’S MOTION TO DISMISS COUNT THREE OF INDICTMENT;

 

(2)  GOVERNMENT’S RESPONSE TO DEFENDANT’S NOTICE OF MOTION AND MOTION TO DISMISS COUNTS FOUR THROUGH SEVEN OF INDICTMENT;  and,

 

(3)  GOVERNMENT’S RESPONSE TO MISCELLANEOUS PLEADINGS FILED BY DEFENDANT.

 

Sadly, these three government attorneys have repeated the same fundamental errors which are evident in all of their prior pleadings.

First, they title their caption pages with the nomenclature “Attorneys for the United States of America” [sic].

Second, they claim to represent the named Plaintiffs UNITED STATES OF AMERICA, when this claim is false and constitutes evidence further still of misrepresentation.

As a term which is expressly used in the Constitution for the United States of America, as lawfully amended (“U.S. Constitution”), the term “United States of America” cannot be altered or amended by the United States (federal government) nor by any of its officers, employees, or agents.  See Eisner v. Macomber, 252 U.S. 189 (holding predicated on ratification of the so-called 16th amendment, which would have introduced the term “income” into the U.S. Constitution for the very first time).

There is no “second USA” as might be incorrectly inferred from statutes such as 36 U.S.C. 1101(70)-(72).  Indeed, subsection (71) was expressly NOT enacted by section 1101 of Title 36, U.S.C.

Congress can only create a corporation in its capacity as the Legislature for the federal zone.  See Daly v. The National Life Insurance Company for the United States of America, Indiana Supreme Court (1878).  There is no such thing as a national federal corporation;  to create a national federal corporation would invade the province of the 50 States, expressly reserved to them by the Tenth Amendment in the U.S. Constitution.

All federal corporations created by Acts of Congress are necessarily foreign corporations with respect to the municipal jurisdictions of the several States of the Union.

For the edification of this honorable Court, Defendant attaches a pertinent essay entitled “A Cogent Summary of Federal Jurisdictions,” by Paul Andrew Mitchell, B.A., M.S., as published at Internet URL:

http://www.supremelaw.com/authors/mitchell/cogent.htm

There is no such thing as the United States of America, Incorporated [sic].

There is no such thing as the United States of America, Inc.

There is no such thing as the UNITED STATES OF AMERICA, if the latter term refers to anything other than the 50 States which are united by, and under, the U.S. Constitution.

The United States (federal government) did not create the several States of the Union, because the existence of the several States predates the United States.  See the Declaration of Independence and the Articles of Confederation, at Article II, which expressly refers to the “United States, in Congress Assembled”:

 

ARTICLE II.

Each State retains its sovereignty, freedom and independence, and every power, jurisdiction and right, which is not by this confederation expressly delegated to the United States, in Congress Assembled.

 

INCORPORATION OF RELATED PLEADING

Defendant hereby formally incorporates all pertinent facts and laws as itemized, and verified, in Defendant’s FIRST SUPPLEMENT TO MOTION TO DISMISS COUNTS FOUR THRU SEVEN, BY AFFIDAVIT, as if set forth fully herein.

 

MISREPRESENTATION IS ACTIONABLE

UNDER THE McDADE ACT:  28 U.S.C. 530B

Under section 6086.7 of the California Business and Professions Code, a court shall notify the State Bar whenever a modification or reversal of a judgment in a judicial proceeding is based in whole or in part on the misconduct, incompetent representation, or willful misrepresentation of an attorney.  See 28 U.S.C. 530B(a) (Ethical standards for attorneys for the Government);  28 U.S.C. 1652.

It is willful misrepresentation for Messrs. Mueller, DiLeonardo and Gordon to claim falsely that they have any power(s) of attorney to represent the Plaintiffs UNITED STATES OF AMERICA (plural).

To allow such a claim to remain unchallenged and unpunished, is to tolerate a fundamental violation of the Separation of Powers Doctrine -- a separation which is elevated to the status of supreme Law by the Tenth Amendment in the U.S. Constitution.

It is also willful misrepresentation for Messrs. Mueller, DiLeonardo and Gordon to claim falsely that they have any power(s) of attorney to represent the plaintiff United States of America, Incorporated, as that term is found at 36 U.S.C. 1101(70)-(72), because paragraph (71) in said statute was expressly not enacted.

It is also willful misrepresentation for Messrs. Mueller, DiLeonardo and Gordon to claim that they have any power(s) of attorney to represent the UNITED STATES OF AMERICA if, by that term, they are proceeding on behalf of a federal corporation which has no organic Act of Congress and, hence, no legal standing whatsoever.

Furthermore, it is also willful misrepresentation for Messrs. Mueller, DiLeonardo and Gordon to claim that they have any power(s) of attorney to represent the UNITED STATES OF AMERICA if, by that term, they are deliberately omitting the required “Incorporated” or “Inc.” suffix, in order to deceive the general populace, as a matter of deliberate and premeditated federal policy, practice, and procedure.

In point of fact, this unconstitutional practice of misrepresenting the UNITED STATES OF AMERICA [sic] in numerous federal civil and criminal proceedings has become so widespread, it is time for this Court to take a very close look at this practice, with a view toward issuing appropriate injunction(s) and sanction(s).

Accordingly, Defendant hereby provides formal Notice to all interested Party(s) of His specific intent to apply to a court of competent jurisdiction for an ORDER to Messrs. Mueller, DiLeonardo, and Gordon to show cause why they should not all be charged with violating 28 U.S.C. 530B each and every time they filed a pleading in the instant case on behalf of the Plaintiffs UNITED STATES OF AMERICA.

 

REMEDY REQUESTED

Due to their obvious bad faith, to their lack of Oaths of Office, and also to their demonstrable lack of any lawful powers of attorney to represent the named Plaintiffs UNITED STATES OF AMERICA in the instant case, Defendant respectfully requests an ORDER from this honorable Court, striking the three (3) additional pleadings itemized above, and further sanctioning all three (3) persons for alleging falsely to represent the Plaintiffs UNITED STATES OF AMERICA and for acting in bad faith -- by deliberately imposing an unnecessary and prejudicial burden upon Defendant with pleadings which said persons were not authorized to file, or serve, in the first instance.

 

VERIFICATION

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, 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 are supreme Law of the Land).

 

Dated:  October 19, 2000 A.D.

 

 

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)

 

All Rights Reserved without Prejudice

 

 

PROOF OF SERVICE

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

MOTION TO STRIKE SIX

GOVERNMENT PLEADINGS:

Article I, Section 9, Clause 8;

Article I, Section 10, Clause 1;

Article III, Section 2, Clause 2;

Guarantee Clause;  28 U.S.C. 530B, 1652

 

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:

 

Robert S. Mueller III             John S. Gordon

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

 

Thomas S. DiLeonardo              Ronald A. Cimino

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

 

John Paul Reichmuth               Billy Brown

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 Street, 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 19, 2000 A.D.

 

/s/ Donald E. Wishart

 

Donald E. Wishart, Sui Juris

Citizen of California State,

Federal Witness and Victim (18 U.S.C. 1512, 1513)

 

All Rights Reserved without Prejudice

 

 

Attachment “A”:

 

A Cogent Summary of Federal Jurisdictions

 

by

 

Paul Andrew Mitchell, B.A., M.S.

 

as published at Internet URL:

 

http://www.supremelaw.com/authors/mitchell/cogent.htm