Editor's note:

A fully linked version of this brief
can be found at Internet URL:

   http://supremelaw.com/cc/gilberts/opening.htm


The following version of this brief
is being maintained for redundancy.



Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
and federal witness
c/o general delivery
Battle Lake [zip code exempt]
MINNESOTA STATE

In Propria Persona

Under Protest and
by Special Visitation




                 UNITED STATES COURT OF APPEALS

                         EIGHTH CIRCUIT


UNITED STATES OF AMERICA [sic], )  Case No. 97-2099-MNST
                                )
          Plaintiff [sic]/      )  USDC Minneapolis #CR-4-96-65
          Appellees,            )
     v.                         )
                                )
EVERETT C. GILBERTSON [sic],    )
                                )
          Defendant [sic]/      )
          Appellant.            )
________________________________)
                                )
Everett C. Gilbertson,          )  DCUS Minneapolis #4-96-65
                                )
          Plaintiff/Appellant,  )
                                )
     v.                         )  APPELLANT'S OPENING BRIEF
                                )
United States,                  )    (first impression)
James M. Rosenbaum,             )
and Does 2-99,                  )  ON APPEAL FROM CONVICTION
                                )  AND JUDGMENT IN THE USDC
          Respondents.          )
________________________________)


                            Prepared

                     on Behalf of Appellant

                               by

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

                Counselor at Law, federal witness

                    and Counsel to Appellant


              Appellant's Opening Brief: Cover Page


Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state
and federal witness
c/o general delivery
Battle Lake [zip code exempt]
MINNESOTA STATE

In Propria Persona

Under Protest and
by Special Visitation




                 UNITED STATES COURT OF APPEALS

                         EIGHTH CIRCUIT


UNITED STATES OF AMERICA [sic], )  Case No. 97-2099-MNST
                                )
          Plaintiff [sic]/      )  USDC Minneapolis #CR-4-96-65
          Appellees,            )
     v.                         )
                                )
EVERETT C. GILBERTSON [sic],    )
                                )
          Defendant [sic]/      )
          Appellant.            )
________________________________)
                                )
Everett C. Gilbertson,          )  DCUS Minneapolis #4-96-65
                                )
          Plaintiff/Appellant,  )  APPELLANT'S OPENING BRIEF:
                                )
     v.                         )      (first impression)
                                )
United States,                  )  ON APPEAL FROM CONVICTION
James M. Rosenbaum,             )  AND JUDGMENT IN THE USDC
and Does 2-99,                  )
                                )
          Respondents.          )
________________________________)


COMES NOW  Everett C. Gilbertson, Sui Juris, Citizen of Minnesota

state, federal  witness, expressly  not a  citizen of  the United

States (hereinafter  "federal citizen"),  and  Appellant  in  the

above entitled  matter (hereinafter  "Appellant") to submit this,

His OPENING  BRIEF on  first impression  in  the  above  entitled

cases, and  respectfully to  request full appellate review of all

proceedings below, with emphasis on the issues discussed herein.


            Appellant's Opening Brief:  Preface Page


                          (1)  Summary

     The USDC  erred by denying both a motion to stay proceedings

and a  motion to  reconsider same.   Appellant's challenge to the

Jury Selection  and Service Act ("JSSA") had serious implications

for the  legality of the indicting grand jury, and the convicting

petit jury.  This challenge deserved final review before trial.

     The judge  of the  USDC committed serious errors by alleging

to preside  over sentencing  and by  alleging to deny Appellant's

MOTION FOR  RELEASE PENDING  APPEAL, due  to an  obvious, adverse

conflict of interest, in violation of 28 U.S.C. 455.

     Appellant's civil  case in  the DCUS  should be  allowed  to

proceed, to  obtain pivotal  declaratory relief  from a competent

and qualified  federal petit  jury concerning several substantive

questions of law and fact which arose in the record below.

     A three-judge  federal panel  presiding over the DCUS should

be convened,  enjoined from  issuing summary remands of the cases

back to the USDC, and mandated to proceed to trial on the merits.

     All of  Appellant's constitutional challenges should also be

decided finally  by this  honorable Court,  or the  U.S.  Supreme

Court, before  any further  proceedings occur in either the USDC,

or the DCUS, due to their obvious impact on matters to be decided

in those two forums.


                    Request for Oral Argument

     Appellant hereby  requests leave  for Appellant's Counselor,

Paul Andrew Mitchell, to present oral arguments to this honorable

Court, by  allocating at  most five  (5) minutes  to each  of the

seven (7) major issues which are itemized infra.  Such a schedule

would require  a maximum  of thirty-five  (5 x 7 = 35) minutes of

oral arguments by Appellant's Counselor, who authored this Brief.


            Appellant's Opening Brief:  Page 1 of 50


                     (2)  Table of Contents
                                                             Page

(1)  Summary .................................................. 1

(2)  Table of Contents (this page) ............................ 2

     (A)  Table of Cases ...................................... 3

     (B)  Statutes ............................................ 4

     (C)  Other Authorities ................................... 5

(3)  Preliminary Statement .................................... 7

          Verification by Appellant ........................... 7

(4)  Statement of Issues: ..................................... 8

     (A)  Jury Selection and Service Act ("JSSA") ............. 8

     (B)  Minnesota Voter Registration Practices ............. 11

     (C)  Apportionment of Congressional Districts ........... 15

     (D)  Blanket FOIA Exemption for Judiciary ............... 19

     (E)  Federal Removal Statutes ........................... 27

     (F)  Downes Doctrine Revisited .......................... 40

     (G)  Vagueness in the Internal Revenue Code ("IRC") ..... 44

(5)  Statement of the Case ................................... 48

(6)  Summary of Argument ..................................... 49

(7)  Proof of Service ........................................ 50

(8)  Appendices, by docket date/entry (under separate cover):

  5/16/97 MOTION FOR REHEARING EN BANC (8th Circuit)
  4/17/97 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
  4/17/97 AFFIDAVIT OF APPLICABLE LAW & DENIAL OF LIABILITY
  4/14/97 PETITION FOR WARRANT OF REMOVAL BY 3-JUDGE PANEL
  4/09/97 AFFIDAVITS OF DEFAULT AND OF PROBABLE CAUSE
  4/02/97 MOTION FOR RECONSIDERATION OF STAY MOTION (2 of 3)
  4/02/97 VERIFIED STATEMENT IN SUPPORT OF CHALLENGE TO JSSA
  3/20/97 NOTICE & DEMAND FOR PROOF OF POWER, STANDING, JURISDIC.
  3/20/97 NOTICE & DEMAND TO DISMISS FOR LACK OF CRIMINAL JURIS.
  3/20/97 MEMORANDUM IN SUPPORT OF CHALLENGE TO CRIMINAL JURIS.
  2/18/97 NOTICE & DEMAND FOR MANDATORY JUDICIAL NOTICE (FOIA)
 10/31/96 MOTION TO STAY PROCEEDINGS/CHALLENGE TO JSSA (1 of 3)
 10/31/96 MEMORANDUM IN SUPPORT OF MOTION TO STAY PROCEEDINGS
  7/17/96 MEMORANDUM: CITIZENSHIP STATUS OF USDC JURORS
  6/06/96 STATUS REPORT & CITIZEN'S GUIDE TO THE FOIA/PRIVACY ACT
  library The Federal Zone: Cracking the Code of Internal Revenue


            Appellant's Opening Brief:  Page 2 of 50


                       (A)  Table of Cases

U.S. Supreme Court:
American Insurance Co. v. 356 Bales of Cotton:........ 30, 31, 33
Atkins v. Texas:.............................................. 10
Baker v. Carr:................................................ 13
Balzac v. Porto Rico [sic]:............................... 31, 33
Brushaber v. Union Pacific Railroad Company:.................. 25
Cassell v. Texas:............................................. 10
Cohen v. Beneficial Industrial Loan Corp.:..................... 7
Connally v. General Construction Co.:......................... 45
Downes v. Bidwell:................................ 12, 26, 40, 42
Evans v. Gore:............................................ 40, 41
Gregory v. Ashcroft:.......................................... 12
Helstoski v. Meanor:........................................... 7
Hooven & Allison v. Evatt:................................ 24, 43
International Longshoremen's & Warehousemen's Union
  v. Juneau Spruce Corp.:..................................... 31
Marbury v. Madison:........................................... 13
Miranda v. Arizona:........................................... 13
Mookini v. U.S.:.............................................. 28
New York v. United States:.................................... 12
Norton v. Shelby County:...................................... 13
O'Donoghue v. U.S.:........................................... 28
O'Malley v. Woodrough:........................................ 41
Pierre v. Louisiana:.......................................... 10
Slaughter House Cases:......................................... 8
South Carolina v. Katzenbach:................................. 13
Spreckles Sugar Refining Co. v. McLain:....................... 46
U.S. v. Cruikshank:........................................ 8, 44
U.S. v. Lopez:..................................... 9, 30, 42, 43
U.S. v. Wigglesworth:......................................... 45
Waltz v. Tax Commission of New York City:..................... 27

U.S. Court of Appeals:
Denison v. Commissioner (8th Cir.):........................... 23
Graves v. Snead (6th Cir.):................................... 29
Hubbard v. Ammerman (5th Cir.):............................... 29
International Longshoremen's and Warehousemen's Union
  v. Wirtz (9th Cir.):........................................ 31
Lively v. Commissioner (8th Cir.):............................ 23
U.S. v. Griffin (9th Cir.):.................................... 7
U.S. v. Hicks (9th Cir.):..................................... 40
U.S. v. Johnson (4th Cir.):................................... 32
U.S. v. Layton (9th Cir.):..................................... 7
U.S. v. Tweel (5th Cir.):..................................... 20
U.S. v. Woodley (9th Cir.):................................... 27
U.S. v. Yellows Freight Systems, Inc. (9th Cir.):.............. 7
U.S. v. Saunders (9th Cir.):.................................. 29
Valley Broadcasting Co. v. USDC (9th Cir.):................... 20

Federal District Courts:
In Re Grand Jury Subpoena Served on New Life Health Center,
  (USDC, D. Arizona):..................................... 18, 43
Lord v. Kelley (USDC, D. Massachusetts):...................... 41
U.S. v. De Cadena (USDC, N.D. California):.................... 44
U.S. v. One 1972 Cadillac Coupe de Ville (USDC, E.D.Ky.):..... 28


            Appellant's Opening Brief:  Page 3 of 50


State Courts:
Alexander v. R.D. Geier & Sons Co. (Maryland Appeals):........ 14
Carmine v. Bowen (Maryland Appeals):...................... 17, 20
Carter v. Commission on Qualifications (California Supreme):.. 13
Crosse v. Board of Supervisors (Maryland Appeals):............. 8
Dyett v. Turner (Utah Supreme):............................... 24
Erdahl v. Spannaus (Minnesota District):...................... 11
Ex parte Knowles (California Supreme):......................... 9
Fort v. Civil Service Commission: (California Supreme):....... 13
Gardina v. Board of Registrars (Alabama Supreme):.......... 8, 10
People v. Boxer (California Supreme):..................... 23, 27
People v. Pablo De La Guerra (California Supreme):............. 9
People v. Washington (California Supreme):................. 13-14
Respublica v. Wray (Pennsylvania Supreme):.................... 20
State v. Bernoudy (Missouri Supreme):......................... 20
State v. Christensen (Utah Supreme):.......................... 20
State v. Fowler (Louisiana Supreme):........................... 8
State v. Jones (Hawaii Supreme):.............................. 10

Other Courts
Roa v. Collector (Philippine Supreme):........................ 11

                          (B)  Statutes

Federal Statutes:
 1 U.S.C.:.................................................... 44
 1 U.S.C. 1:.............................................. 28, 32
 5 U.S.C. 551(A), (B):........................................ 20
 5 U.S.C. 552 et seq.:........................................ 35
 5 U.S.C. 552(a)(4)(B):........................... 18, 35, 36, 38
 5 U.S.C. 552(f):............................................. 19
 5 U.S.C. 3331:........................................... 20, 38
18 U.S.C. 242:................................................ 14
18 U.S.C. 1962:............................................... 32
18 U.S.C. 1964:............................................... 32
18 U.S.C. 3241:............................................... 31
26 U.S.C.:............................................ 29, 44, 45
26 U.S.C. 7206(1):............................................. 7
26 U.S.C. 7401:............................................... 28
28 U.S.C.:........................................ 17, 29, 30, 45
28 U.S.C. 132:............................................ 29, 45
28 U.S.C. 297:................................................ 12
28 U.S.C. 453:............................................ 20, 38
28 U.S.C. 951:............................................ 20, 38
28 U.S.C. 1291:................................................ 7
28 U.S.C. 1346(1):............................................ 22
28 U.S.C. 1441 et seq.:................................... 32, 33
28 U.S.C. 1441(a):............................................ 35
28 U.S.C. 1441(b):.................................... 34, 35, 39
28 U.S.C. 1441(e):.................................... 27, 38, 39
28 U.S.C. 1443:............................................... 37
28 U.S.C. 1446(c)(1):......................................... 36
28 U.S.C. 1447(d):............................ 27, 36, 37, 38, 39
28 U.S.C. 1451(2):........................................ 34, 39
28 U.S.C. 1631:........................................... 22, 39
28 U.S.C. 1652:............................................... 40
28 U.S.C. 1738-1742:.......................................... 19
28 U.S.C. 1746(1):......................................... 7, 21


            Appellant's Opening Brief:  Page 4 of 50


28 U.S.C. 1861:............................................... 16
28 U.S.C. 1865(b)(1):............................... 8, 9, 10, 16
28 U.S.C. 1867(d):........................................ 16, 45
28 U.S.C. 2284:............................................... 15
28 U.S.C. 2402:............................................... 22
Act June 25, 1948, 62 Stat. 895:.......................... 29, 30
Act November 13, 1963, 77 Stat. 331:.......................... 29
Act September 13, 1994:....................................... 14
Civil Rights Act (1866):....................................... 9
Expatriation Statute:......................................... 12
Freedom of Information Act ("FOIA"):.............................
.......................18, 19, 21, 27, 33, 35, 36, 37, 38, 39, 40
Internal Revenue Code ("IRC"):.................... 23, 24, 44, 46
IRC section 1(c):............................................. 23
IRC section 7206:............................................. 44
IRC section 7401:......................................... 27, 44
IRC section 7402:..................................... 28, 29, 44
IRC section 7851(a)(6)(A):.................................... 44
IRC subtitle F:............................................... 44
Jury Selection and Service Act ("JSSA"):.................. 11, 15
P.L. 92-310, P.L. 103-322:................................ 28, 14

State Statutes
Minnesota Statute 201.014:.................................... 11


                     (C)  Other Authorities

Federal Constitution:
U.S. Constitution:.10, 14, 18, 19, 20, 21, 24, 28, 29, 40, 42, 43
Article I:................................................ 28, 41
Article I, Section 2, Clause 2 ("1:2:2"):...................... 9
Article I, Section 2, Clause 3 ("1:2:3"):................. 23, 24
Article I, Section 3, Clause 3 ("1:3:3"):...................... 9
Article I, Section 8:......................................... 23
Article I, Section 8, Clause 17 ("1:8:17"):............ 9, 40, 43
Article I, Section 9, Clause 4 ("1:9:4"):................. 23, 24
Article II, Section 1, Clause 5 ("2:1:5"):..................... 9
Article III:.............................. 18, 28, 29, 30, 31, 32
Article III, Section 1 ("3:1"):................... 40, 41, 42, 43
Article III, Section 2, Clause 1 ("3:2:1"):.................... 9
Article IV:........................................... 28, 32, 41
Article IV, Section 1 ("4:1"):............................ 10, 19
   Full Faith and Credit Clause ("4:1"):.................. 10, 19
Article IV, Section 2, Clause 1 ("4:2:1"):................. 9, 41
   Privileges and Immunities Clause ("4:2:1"):............. 9, 41
Article IV, Section 3, Clause 2 ("4:3:2"):............. 9, 31, 34
   Territory Clause ("4:3:2"):......................... 9, 31, 34
Article IV, Section 4 ("4:4"):.................... 11, 12, 13, 15
   Guarantee Clause ("4:4"):...................... 11, 12, 13, 15
Article VI, Clause 2 ("6:2"):..................... 12, 13, 19, 20
   Supremacy Clause ("6:2"):...................... 12, 13, 19, 20
Article VI, Clause 3 ("6:3"):..................... 19, 20, 21, 38
   Oath of Office Clause ("6:3"):................. 19, 20, 21, 38
Preamble, Bill of Rights:..................................... 14
First Amendment:.......................................... 11, 15
   Petition Clause:....................................... 19, 34
Fifth Amendment:...................................... 21, 34, 37
   Due Process Clause:.................................... 27, 37


            Appellant's Opening Brief:  Page 5 of 50


Sixth Amendment:.............................................. 44
   Nature and Cause Clause:................................... 44
Seventh Amendment:............................................ 22
Ninth Amendment:.......................................... 21, 43
Tenth Amendment:.......................... 11, 15, 16, 21, 34, 43
Thirteenth Amendment (1819):.............................. 10, 20
Fourteenth amendment (1868):.......................... 13, 23, 24
Sixteenth amendment (1913):................... 23, 24, 40, 46, 47
Declaration of Independence:.................................. 14

United States Treaties:............................... 27, 35, 40
International Covenant on Civil and Political Rights:..... 27, 40
Universal Declaration of Human Rights:.................... 27, 40

State Constitutions:.......................................... 21
Minnesota state Constitution:............................. 11, 15
   Article VII, Sections 1, 6:................................ 11

Code of Federal Regulations:
26 CFR 1.1-1(a)(1):........................................... 23
26 CFR 1.1-1(a) thru (c):..................................... 23
31 CFR 51.2:.............................................. 34, 37
31 CFR 52.2:.............................................. 34, 37

Federal Rules of Procedure:
Federal Rules of Appellate Procedure, Local Rule 28A(j):...... 25
Federal Rules of Civil Procedure, Rule 38:.................... 22
Federal Rules of Evidence, Rule 201(d):....................... 19

U.S. Treasury Decisions:
Treasury Decision 2313:................................... 24, 25

Legal Maxims/Doctrines:
Downes Doctrine:...................................... 24, 40, 43
Equal Footing Doctrine:....................................... 13
Inclusio unius est exclusio alterius:.............. 9, 10, 29, 35
In pari materia:.............................................. 22
Lex non cogit impossibilia:................................... 25
Nunc pro tunc:................................................ 22
Reductio ad absurdum:.......................................... 9

Other Sources:
A Citizen's Guide on Using the Freedom of Information Act
  and the Privacy Act of 1974 to Request Government Records,
  1993 Edition, H. Rep. 103-104, 103rd Cong., 1st Sess.:...... 18
American Digest System:....................................... 21
American Jurisprudence:....................................... 13
Black's Law Dictionary, Sixth Edition:.. 8, 9, 10, 12, 13, 14, 29
Corpus Juris:................................................. 20
Corpus Juris Secundum:........................................ 20
The Federal Zone: Cracking the Code of Internal Revenue:.........
............................................... 9, 24, 25, 42, 47
Merritt, "The Guarantee Clause and State Autonomy: Federalism
  for a Third Century," 88 Columbia Law Review 1 (1988):...... 12
Sutherland, Statutes and Statutory Construction:.............. 45
UCLA Law Review, Vol. 24, No. 2, Dec. 1976:................... 41


            Appellant's Opening Brief:  Page 6 of 50


                   (3)  Preliminary Statement

     i.   The  instant   appeal  is  taken  from  conviction  and
          judgment by Mr. James M. Rosenbaum, claiming to preside
          on  the  United  States  District  Court,  District  of
          Minnesota, Fourth  Divison, at  Minneapolis,  Minnesota
          state, for two counts of violating 26 U.S.C. 7206(1).

     ii.  Appellant alleges,  and herein  proves, that the United
          States  District   Court  ("USDC")   which   prosecuted
          Appellant lacked  any jurisdiction whatsoever, civil or
          criminal, over  the subject  matters which arose in the
          instant cases.

     iii. This United  States Court  of Appeals  for  the  Eighth
          Circuit  has  appellate  jurisdiction  of  the  instant
          Criminal Case  [sic], pursuant  to the  Final Judgments
          Act at 28 U.S.C. 1291.

     iv.  This Court  also  has  appellate  jurisdiction  of  the
          instant Civil  Case, pursuant  to decisions of the U.S.
          Supreme Court  in Cohen  v. Beneficial  Industrial Loan
          Corp., 337  U.S. 541,  69 S.Ct.  1221,  93  L.Ed.  1528
          (1949);   Helstoski v.  Meanor, 442  U.S. 500, 99 S.Ct.
          2445, 2449, 61 L.Ed.2d 30 (1979);  U.S. v. Griffin, 617
          F.2d 1342,  1345-46 (9th  Cir. 1980),  cert denied, 101
          S.Ct. 167,  66 L.Ed.2d  80; and U.S. v. Yellows Freight
          Systems, Inc., 637 F.2d 1248 (9th Cir. 1981).  See also
          U.S. v.  Layton, 645 F.2d 681, 682-683 (9th Cir. 1981),
          citing Cohen supra at 682-683.


                 (A)  Verification by Appellant

I, Everett C. Gilbertson, 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

the following statement of facts and laws is true and correct, to

the best  of My  current information,  knowledge, and  belief, so

help Me God, pursuant to 28 U.S.C. 1746(1).


Dated: ______________________________

Respectfully submitted,

/s/ Everett C. Gilbertson
_____________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state, federal witness
(expressly not a citizen of the United States)


            Appellant's Opening Brief:  Page 7 of 50


                    (4)  Statement of Issues

     Appellant hereby gives appropriate priority to the following

challenges to  the constitutionality of certain federal statutes,

to wit:


     (A)  The Jury  Selection and  Service Act,  Title 28, United
          States Code (hereinafter "U.S.C."), section 1865(b)(1),
          is unconstitutional for exhibiting class discrimination
          against Citizens  of Minnesota  state who  are not also
          federal citizens,  in violation  of the First and Tenth
          Amendments, and the Guarantee Clause.

     There are  two (2) classes of citizenship under American law

never repealed, not one (1).  See Gardina v. Board of Registrars,

160 Ala.  155, 48  S. 788, 791 (1909).  A Person may be a Citizen

of a  particular state,  and not  a federal  citizen.   Confer at

"Federal citizenship"  in Black's  Law Dictionary, Sixth Edition.

To hold otherwise would be to deny to Minnesota state the highest

exercise of  its sovereignty  -- the Right to declare who are its

Citizens.  See State v. Fowler, 41 La. Ann. 380, 6 S. 602 (1889);

Crosse v.  Board of  Supervisors of  Elections, 243  Md. 555, 221

A.2d 431,  434 (1966).   Confer  at  "Right"  and  "Election"  in

Black's supra, to derive "Right of Election" [sic].

     We have  in our  political system a government of the United

States (federal  government), and  a government  of each  of  the

several states  of the  Union.   Each of  these 51 governments is

distinct from  the others, and each has citizens of its own.  See

United States  v. Cruikshank,  92 U.S.  542 (1875).   It is quite

clear, then,  that there  is a  citizenship of  the United States

("federal citizenship"),  and a  Citizenship of  Minnesota  state

("state Citizenship"),  which are  distinct from  each other, and

which depend  upon different  characteristics or circumstances in

the individual.  See Slaughter House Cases, 83 U.S. 36 (1872).


            Appellant's Opening Brief:  Page 8 of 50


     The prohibited  class discrimination  in the  Jury Selection

and  Service  Act  ("JSSA")  results  in  a  demonstrably  absurd

consequence.   A Citizen  of Minnesota  state, who  is not also a

federal citizen  by Right  of Election, is not a "resident alien"

by any  stretch of the imagination.  A Citizen of Minnesota state

is a nonresident alien with respect to the municipal jurisdiction

of the  District of  Columbia, also  known as "the federal zone".

See Kennedy  concurring in  U.S. v. Lopez, 115 S.Ct. 1624 (1995);

1:2:2, 1:3:3,  1:8:17, 2:1:5,  3:2:1, 4:2:1 and 4:3:2 in the U.S.

Constitution;  T.D. 2313;  The Federal Zone: Cracking the Code of

Internal Revenue, electronic Seventh Edition (1997).

     Prior to  the 1866 Civil Rights Act, there was no such thing

as a "citizen of the United States" [sic].  See Ex parte Knowles,

5 Cal.  300 (1855).   The  qualifications for serving in the U.S.

Senate, U.S.  House of  Representatives, and the White House, all

refer to  Citizens of one of the several states of the Union, and

not to  federal citizens;    these  provisions  have  never  been

amended;   they retain  today the meaning which they had when the

U.S. Constitution  was first  enacted into  the supreme Law.  See

People v. Pablo De La Guerra, 40 Cal. 311, 337 (1870);  Jus soli.

     Therefore,  the   federal  JSSA   is  unconstitutional   for

deliberately excluding  those very  People who  are  eligible  to

serve in  the highest elective offices in the federal government;

this result  is absurd.   Confer  at "Reductio  ad  absurdum"  in

Black's supra.   The omission of state Citizens from the JSSA was

intentional.  Confer at "Inclusio unius est exclusio alterius" in

Black's supra.   An irrefutable inference must be drawn that what

was omitted or excluded was intended to be omitted or excluded.


            Appellant's Opening Brief:  Page 9 of 50


     Similarly, since  federal citizenship did not even exist, as

such, prior to 1866, the U.S. House, Senate, and White House must

have been occupied entirely by impostors between 1789 and 1865 --

a period  of some  77 years.   This result is also absurd, absent

further authoritative  proof.   See original Thirteenth Amendment

(1819);   Full Faith  and Credit  Clause;   Acts of  the Virginia

Legislature circa 1819;  Colorado state Records Custodian.

     An intentional  discrimination against  a class  of Persons,

solely because  of their  class, by  officers in  charge  of  the

selection and  summoning of  grand or  petit jurors in a criminal

case, is a violation of the fundamental Rights of the Accused.

     See Cassell v. Texas, 339 U.S. 282 (1950);  Atkins v. Texas,

325 U.S.  398 (1945);   Pierre v. Louisiana, 306 U.S. 354 (1939).

Such a  violation is  not excused  by the  fact that  the persons

actually  selected   for  jury   service  otherwise  possess  the

necessary qualifications  for jurors  as prescribed  by  statute.

See State v. Jones, 365 P.2d 460 (1961).

     Discrimination in the selection of a grand or petit jury, as

prohibited  by  the  U.S.  Constitution,  means  an  intentional,

systematic non-inclusion  because of  class.   There are  two (2)

classes of  citizenship in  American Law  never repealed.    E.g.

Gardina supra.   The statute at 28 U.S.C. 1865(b)(1) specifically

excludes those classes of Citizens who are not mentioned.  Confer

at "Inclusio unius est exclusio alterius" in Black's supra.

     Therefore, Appellant  was neither  indicted by a legal body,

nor was  Appellant convicted  by a  legal body, thereby depriving

the trial  court of  jurisdiction over  the subject matter in the

first instance.


            Appellant's Opening Brief:  Page 10 of 50


     (B)  The statutes  and practices  of Minnesota state, and of
          all other  49 states by logical extension, are likewise
          unconstitutional  for  requiring  that  all  registered
          voters be  federal citizens before they are eligible to
          vote in general elections of U.S. Representatives, U.S.
          Senators, and  the President  of the  United States, in
          violation of  the First  and Tenth  Amendments and also
          the Guarantee Clause.

     For reasons  which are identical to the reasons why the JSSA

is unconstitutional, the corresponding constitutional provisions,

statutes,  and   practices  of   Minnesota  state   are  likewise

unconstitutional for  requiring that  all  registered  voters  be

federal citizens  before they  are eligible  to vote  in  general

elections of U.S. Representatives, Senators, and the President.

     A Minnesota state district court has ruled that a person who

is eighteen  years old, a citizen of the United States [sic], and

a resident  of Minnesota  for twenty  days, is qualified to vote.

The decision  was not  appealed.   See Erdahl v. Spannaus et al.,

No. 393442,  Ramsey District  court,  May  9,  1974;    Minnesota

Statute 201.014  (Eligibility to  Vote);  Minnesota Constitution,

Article VII, Section 1, notes thereunder, and Section 6.

     Congress therefore  erred  by  adjudging  Minnesota's  state

constitution to  be Republican  in Form  when Minnesota was first

admitted to  the Union,  and by  neglecting to oversee subsequent

amendments to  Minnesota's state  constitution,  because  such  a

restriction on  voter eligibility  is a  clear violation  of  the

First and Tenth Amendments and also the Guarantee Clause ("4:4").

     Citizenship, strictly  speaking, is a term of municipal law.

See Roa  v. Collector  of Customs, 23 Philippine 315, 332 (1912).

Since the  federal zone  is, by  definition, not  a Union  state,

there is  no constitutional  requirement that  its municipal laws

and government(s) be Republican in Form [sic].


            Appellant's Opening Brief:  Page 11 of 50


     Federal citizens  are members  of a  political community who

owe their  allegiance to  a government which is not Republican in

Form, at  present;  it is an absolute legislative democracy.  See

Downes infra,  Harlan dissenting.  To force Citizens of Minnesota

state into  this allegiance, as a condition precedent to electing

their Representatives  in  the  U.S.  Congress,  is  to  force  a

violation of the Guarantee Clause, at its most basic level.

     The Guarantee  Clause must  be construed  by this  honorable

Court to  enforce the  Right of  Election among  Citizens of  the

several  states,  and  among  federal  citizens  as  well.    See

Supremacy Clause;   Jus  soli;  Act July 27, 1868, 15 Statutes at

Large, Chapter  CCXLIX (i.e.  249), Section  1;   28  U.S.C.  297

(Union states  are "countries").   Confer  at  "Expatriation"  in

Black's supra (i.e. one's "country" [sic]).

     Speaking through  Justice O'Connor, the Supreme Court of the

United States  ("U.S. Supreme Court") has raised without deciding

the possibility that the Guarantee Clause is justiciable and is a

constraint upon Congress' power to regulate the activities of the

several states.    See New York v. United States, 112 S.Ct. 2408,

2432-2433 (1992);  Gregory v. Ashcroft, 501 U.S. 452, 463 (1991).

     These opinions  draw support  from a  powerful argument  for

utilizing the  Guarantee Clause as a judicially enforceable limit

on federal  power.   See Merritt, "The Guarantee Clause and State

Autonomy: Federalism for a Third Century," 88 Columbia Law Review

1 (1988).   The  restriction that  Citizens  of  Minnesota  state

cannot vote  unless they  also declare, under penalty of perjury,

that they are federal citizens, is a justiciable violation of the

Guarantee Clause ("4:4").  See also Supremacy Clause.


            Appellant's Opening Brief:  Page 12 of 50


     Congress should be barred permanently from admitting any new

states into  the Union,  and from  ignoring amendments  to  their

constitutions, if  said constitutions exhibit such a restriction.

Moreover, unconstitutionality dates from the moment of enactment,

not from the first decision so branding the act.  See 16 Am. Jur.

2d, Sec. 177, p. 568;  Marbury v. Madison, 5 U.S. (2 Cranch) 137,

174-176 (1803);   Miranda v. Arizona, 384 U.S. 436 at 491 (1966);

Norton v. Shelby County, 118 U.S. 425 at 442 (1886).

     All states must be admitted to the Union on an equal footing

with the  original Thirteen Colonies.  The Equal Footing Doctrine

is a  limitation only  upon the  terms by which Congress admits a

state into the Union.  See South Carolina v. Katzenbach, 383 U.S.

301 at  328-329 (1966).  There is a broader implication, however,

in Baker v. Carr, 369 U.S. 186 at 226, n. 53 (1962).

     The so-called  Fourteenth amendment  is irrelevant  to  this

discussion, and  to the  instant cases,  because the existence of

two (2)  classes of  citizenship was  upheld by  courts after its

enactment was declared, as was the Right to choose (read "elect")

state Citizenship  without also  becoming a federal citizen, as a

necessary  legal   consequence  of  that  election.    Confer  at

"Right/Constitutional Rights/Political rights" in Black's supra:

     Political  rights  consist  in  the  power  to  participate,
     directly   or    indirectly,   in   the   establishment   or
     administration  of   government,  such   as  the   right  of
     citizenship, that  of suffrage,  the right  to  hold  public
     office, and the right of petition.
                                                 [emphasis added]

     The Rights to vote and to hold public office are fundamental

Rights.   See Fort  v. Civil  Service  Commission  of  County  of

Alameda,  392   P.2d  385   (1964);    Carter  v.  Commission  on

Qualifications, 14  Cal.2d 179,  182, 93 P.2d 140 (1939);  People


            Appellant's Opening Brief:  Page 13 of 50


v.  Washington,  36  Cal.  658,  662  (1869).    Deprivations  of

fundamental Rights  are felony  violations of 18 U.S.C. 241;  the

term "inhabitant"  (later "person")  as used  therein  was  never

intended to  exclude state  Citizens who  are  not  also  federal

citizens. See Act of September 13, 1994, P.L. 103-322.

     If only  federal citizens  can vote  and serve  on grand and

petit juries,  then state  Citizens have thereby been deprived of

all three (3) voices in the management of their state and federal

governments.    This  deprivation  results  in  taxation  without

representation, in  violation of the Declaration of Independence.

Confer at "Jury trial" in Black's supra:

     The right  to "jury  trial" of controverted issues implies a
     trial by an impartial and qualified jury.  Alexander v. R.D.
     Grier & Sons Co., 181 Md. 415, 30 A.2d 757, 759 [1943].

                                        [emphasis and year added]

     Whenever any form of government becomes destructive of these

ends, it  is the fundamental Right of all state Citizens to alter

or abolish  that form,  and to institute a new government, laying

its foundation  on such  principles, and organizing its powers in

such form,  as to Us, the People of the United States of America,

shall seem  most likely  to effect  Our safety and Our happiness.

These Guarantees are fundamental, inherent, and unalienable.  See

Declaration of  Independence and Preamble to the original Bill of

Rights, missing  from most of the official, published versions of

the U.S. Constitution, to wit:

     The conventions of a number of the States having at the time
     of their  adopting the  Constitution, expressed a desire, in
     order to  prevent misconstruction  or abuse  of its  powers,
     that further  declaratory and  restrictive clauses should be
     added:   And as extending the ground of public confidence in
     the Government, will best insure the beneficient ends of its
     institution.
                       [Preamble, Bill of Rights, emphasis added]


            Appellant's Opening Brief:  Page 14 of 50


     (C)  The apportionment  of  congressional  districts  within
          Minnesota state  is also unconstitutional, by virtue of
          the prohibited,  class-based  discrimination  which  is
          exhibited by  the Minnesota  state constitution  and by
          related statutes  and practices,  all of  which require
          that registered voters be federal citizens in Minnesota
          state, in  violation of  the First and Tenth Amendments
          and the Guarantee Clause.

     For all  the  reasons  stated  above,  Appellant  sought  to

convene a  District Court  of three (3) qualified federal judges,

in order  to challenge the constitutionality of the apportionment

of congressional districts within Minnesota state and, by logical

extension, throughout the other 49 states of the Union.

     Appellant submits  that the  obvious discrimination  against

state Citizens  extends from  jury selection,  to  voting  booth,

outwards to  every Union  state which utilizes voter registration

forms requiring registrants to certify, under penalty of perjury,

that they  are federal  citizens.  In other words, state Citizens

must commit perjury if they attempt to vote, by first registering

pursuant to the requirements of unconstitutional state statutes.

     Appellant sought  to convene  a District Court of the United

States (hereinafter "DCUS"), pursuant to 28 U.S.C. 2284, in order

to adjudicate  the full  implications  of  Appellant's  claim  to

having been  victimized by  such an  unconstitutional practice in

Minnesota state.  Appellant sought thereby to convene a competent

and qualified  federal petit  jury, to  issue declaratory relief;

but this  worthy goal  brought Appellant  squarely  back  to  the

obvious  and   unconstitutional  class  discrimination  which  is

exhibited by the JSSA.  NO STATE CITIZENS ALLOWED!

     Ever  conscious   of  this  fundamental  problem,  Appellant

submitted a  third MOTION  TO STAY  PROCEEDINGS  FOR  FAILING  TO

COMPLY WITH  THE JURY  SELECTION  POLICY  AND  CHALLENGE  TO  THE


            Appellant's Opening Brief:  Page 15 of 50


CONSTITUTIONALITY OF FEDERAL STATUTE (28 U.S.C. 1865(b)(1)).  The

first such  motion was  denied by  Mr. Rosenbaum  in the  instant

case.   The second  such motion  was submitted to the USDC in the

form  of   a  MOTION  FOR  RECONSIDERATION,  because  Appellant's

paralegal assistant  had committed  a small,  but  very  serious,

clerical error  in Appellant's  first STAY  MOTION.   Instead  of

displaying the following correct version of this crucial table:

            citizen of         Citizen of         Qualified
          United States      Minnesota state      to serve

               Yes                Yes                Yes
               Yes                No                 Yes
               No                 No                 No
               No                 Yes                No     **

     This  result   ("**")  violates   the  Tenth   Amendment  by
     disqualifying Citizens  of Minnesota  state from  serving on
     federal grand  and petit  juries  when  they  are  not  also
     federal  citizens,  thus  denying  to  accused  Citizens  of
     Minnesota state  a jury  of Their Peers when a jury consists
     only of federal citizens. [sic]

Appellant's paralegal assistant produced the following incomplete

version of  the above  table instead,  in which the two asterisks

"**" were missing:

          citizen of         Citizen of            Qualified
          United States      Minnesota state       to serve

               YES                YES                YES
               YES                NO                 YES
               NO                 NO                 NO
               NO                 YES                NO

Appellant's   paralegal    assistant   allowed    other   serious

typographical errors to creep into said pleading as well.

     Appellant submits  that Mr.  Rosenbaum erred  when he denied

two (2)  separate motions  to stay  proceedings  for  failing  to

comply with the federal jury selection policy at 28 U.S.C. 1861.

     Appellant properly  challenged  compliance  with  the  juror

selection procedures, pursuant to 28 U.S.C. 1867(d), in which the


            Appellant's Opening Brief:  Page 16 of 50


duty of the trial court is made abundantly clear, to wit:

     If the  court determines  that there  has been a substantial
     failure to  comply with  the provisions of this title [Title
     28, U.S.C.]  in selecting  the grand  jury, the  court shall
     stay the  proceedings pending  the selection of a grand jury
     in conformity  with this title [Title 28, U.S.C.] or dismiss
     the indictment, whichever is appropriate.

                                    [emphasis and brackets added]

     If the  court determines  that there  has been a substantial
     failure to  comply with  the provisions of this title [Title
     28, U.S.C.]  in selecting  the petit  jury, the  court shall
     stay the  proceedings pending  the selection of a petit jury
     in conformity with this title [Title 28, U.S.C.].

                                    [emphasis and brackets added]

     The term "shall" as used therein has a mandatory, imperative

meaning.   The attorneys  alleging  to  represent  the  Appellees

failed to  rebut  Appellant's  sworn  statement  of  facts  which

provided an  abundance of  evidence proving a substantial failure

to comply  with the  intent of  Congress.   That  failure  --  to

prepare and  submit any  rebuttal --  resulted in  presenting the

USDC with  a clear  and unmistakable preponderance of evidence to

justify granting the requested stay.  Silence activates estoppel,

pursuant to Carmine v. Bowen, 64 A. 932 (1906).

     Appellant's third  MOTION TO  STAY PROCEEDINGS was submitted

to the  DCUS, but no valid ruling was ever issued upon this third

STAY MOTION,  because no  competent or  qualified federal  judges

were ever  appointed to  preside upon the three-judge panel which

Appellant requested  for that  forum.   Nor were  any Findings of

Fact or Conclusions of Law ever prepared by either forum (USDC or

DCUS) nor  by Mr.  Rosenbaum, thereby  denying to  this honorable

Court any  authoritative guidance  whatsoever as to the reason(s)

why Mr. Rosenbaum denied Appellant's other 2 STAY MOTION's.


            Appellant's Opening Brief:  Page 17 of 50


     Appellant also invoked judicial power available to Appellant

by Right  under Article III of the U.S. Constitution, in order to

compel production of documents properly requested under the FOIA,

and to  enjoin the  improper withholding  of same.   The  federal

court of  original jurisdiction  to enforce the FOIA is the DCUS.

See 5  U.S.C. 552(a)(4)(B)  and the  ORDER by U.S. District Judge

John M.  Roll, dated  May 21,  1996, In  Re Grand  Jury  Subpoena

Served on  New Life  Health Center Company, USDC Arizona, Tucson,

case number #GJ-95-1-6 (JMR), to wit:

     [T]his [USDC]  is not  the proper  forum to  bring a request
     under the Freedom of Information Act. [!!!]

                                    [emphasis and brackets added]

     Appellant hereby  specifically complains that Congress knew,

or  should  have  known,  that  the  federal  court  of  original

jurisdiction to  enforce the FOIA is the DCUS, not the USDC, when

Congress published  A Citizen's  Guide on  Using the  Freedom  of

Information Act and the Privacy Act of 1974 to Request Government

Records, First  Report  by  the  House  Committee  on  Government

Operations, Subcommittee on Information, Justice, Transportation,

and  Agriculture,  1993  Edition,  House  Report  103-104,  103rd

Congress,  1st   Session,  Union  Calendar  No.  53  (hereinafter

Citizen's Guide).  See Appendix "O" (under separate cover).

     Said Citizen's  Guide incorrectly  cited  the  USDC  as  the

federal court  of original  jurisdiction for judicial enforcement

of FOIA requests.  Compare 5 U.S.C. 552(a)(4)(B) in pari materia.

There is  no statute  of limitations  on fraud, whether actual or

constructive.   Specifically, said  Citizen's Guide  contains the

following statement about judicial appeals:

                     [Please see next page.]


            Appellant's Opening Brief:  Page 18 of 50


                  I.  Filing a Judicial Appeal

          When an  administrative appeal  is denied,  a requester
     has the right to appeal the denial in court.  An FOIA appeal
     can be  filed in  the United  States District Court [sic] in
     the district  where the  requester lives.  The requester can
     also file  suit in  the district  where  the  documents  are
     located or  in the  District of  Columbia.  When a requester
     goes to  court, the  burden of justifying the withholding of
     documents  is  on  the  government.    This  is  a  distinct
     advantage for the requester.
                                    [emphasis and brackets added]

It is  very sad  that this  Citizen's Guide  is no  longer  being

published by the U.S. Government Printing Office ("GPO").


     (D)  The blanket exemption for the entire judicial branch of
          the United States ("federal government") in the Freedom
          of Information  Act ("FOIA")  at 5  U.S.C. 551(A), (B),
          and 552(f),  is unconstitutional for being overly broad
          and conflicting  with the  Oath of  Office provision in
          the Constitution  for the  United States of America, as
          lawfully amended  ("U.S.  Constitution"),  Article  VI,
          Clause 3 ("6:3"), in violation of the Supremacy Clause.

     After   finding    new   Counsel,   Appellant   prepared   a

comprehensive set  of FOIA  requests for  certified copies of the

official credentials of all government actors who had touched the

instant case  in any way, specifically including employees of the

judicial  branch  of  the  United  States  (federal  government).

Uncertified documents  are not  admissible.   See Full  Faith and

Credit Clause;  28 U.S.C. 1738-1742;  Federal Rules of Evidence.

     Certified copies  of said  FOIA requests  were entered  into

evidence, in Appellant's NOTICE AND DEMAND FOR MANDATORY JUDICIAL

NOTICE, pursuant to Rule 201(d) of the Federal Rules of Evidence.

Again,  the  term  "shall"  as  used  therein  has  a  mandatory,

imperative meaning,  over which the USDC could exercise no lawful

discretion whatsoever,  except to  rule upon  a proper and timely

motion to  strike, submitted  by opposing party(s).  See Petition

Clause.  No motion to strike was ever made by opposing party(s).


            Appellant's Opening Brief:  Page 19 of 50


     All FOIA  requests for  the credentials  of judicial  branch

employees took  careful note  of the  so-called blanket exemption

for the  federal judiciary  which is found at 5 U.S.C. 551(A) and

(B) (i.e. not an "agency"), and Appellant timely challenged same.

     Appellant's challenge  is based,  in part,  upon Appellant's

construction of  the original  Thirteenth Amendment (1819), which

bars federal  officers and  employees from  exercising privileges

which are  not specifically  enumerated in the U.S. Constitution,

and, in  part, upon  Appellant's belief  that  the  blanket  FOIA

exemption for the Judiciary is overly broad and violates the Oath

of  Office,   and  Supremacy   Clause,  provisions  in  the  U.S.

Constitution.   See Article  VI, Clauses  2 and 3 ("6:2", "6:3");

Article V;  28 U.S.C. 453, 951;  5 U.S.C. 3331 in pari materia.

     There is  a strong  presumption in favor of public access to

judicial records.   See Valley Broadcasting Co. v. USDC, 798 F.2d

1289 (9th Cir. 1986).  Silence activates estoppel, Carmine supra;

silence is  also a  fraud, where there is a legal or a moral duty

to speak.  See U. S. v. Tweel, 550 F.2d 297, 299 (5th Cir. 1977).

     Appellant argues  that the  Oath of  Office is  a matter  of

constitutional importance, and 6:3 activates said legal and moral

duties to exhibit requisite credentials, when properly requested.

Moreover, failure to qualify by filing a bond and taking the oath

of office  is ground  for ouster  [sic] by  Quo Warranto.  See 51

C.J. p. 319, n. 65; 74  C.J.S. p. 193, n. 11;  State v. Bernoudy,

36 Mo. 279 (1865); Respublica v. Wray, 2 Yeates (Pa.) 429 (1799);

State v. Christensen, 35 P.2d 775 at 782, 84 Utah 185 (1934).

     In general,  the presiding  judge of  any district  court is

presumed to  have executed  the solemn Oath of Office required of


            Appellant's Opening Brief:  Page 20 of 50


him (her)  by Article  VI, Clause 3 ("6:3") and by 28 U.S.C. 453.

This Oath  is like an on-off light switch in that, per force, its

execution activates  all the  guarantees in the federal and state

constitutions, without exception.  Fiat lux et lux erat in mundo.

This causal  connection between  those guarantees  and a  judge's

Oath of Office is tersely expressed as follows:

     A district  judge is  bound by  oath of office to uphold the
     Constitutions of  the United States and the State of Hawaii;
     rule excluding  illegally seized evidence falls within scope
     of such  oath as  such  rule  is  a  sanction  essential  to
     upholding  federal   and  state   constitutional  safeguards
     against  unreasonable  searches  and  seizures.    State  v.
     Wilson, 519 P.2d 228 [1974].

                                        [emphasis and year added]
                [American Digest System, Eighth Decennial Digest]
                ["Judges", page 969, Section 5: "Qualifications"]

     Therefore, using  this elegant  logic, all  Rights which are

guaranteed by  the state  and federal constitutions are sanctions

which fall  within the  scope of  the Oath.  The guarantee of Due

Process of Law, as found in the Fifth Amendment, is a Right which

is on  a par  with a  multitude of all other Rights guaranteed by

those  constitutions,   whether  or   not  they  are  enumerated.

Together, the 9th and 10th Amendments provide explicit guarantees

for that multitude, without any need to enumerate them.

     Applying  these  principles  to  the  instant  case  is  not

difficult.   Appellant designed  a single deadline for exhaustion

of all  FOIA administrative  remedies, and  for production of all

certified documents demanded in Appellant's NOTICE AND DEMAND FOR

PROOF OF POWER, STANDING, AND JURISDICTION IN THE PARTICULARS.

     When  this   deadline  passed   without  exhibition  by  any

government actors  of any  of the  documents requested, Appellant

testified to  this default  in His  AFFIDAVITS OF  DEFAULT AND OF

PROBABLE CAUSE.  See 28 U.S.C. 1746(1) (the "outside" option).


            Appellant's Opening Brief:  Page 21 of 50


     Appellant submits that the passage of this deadline provided

Appellant with  sufficient probable  cause to remove the Criminal

Case from  the USDC into the DCUS, whereupon Appellant petitioned

a three-judge DCUS panel for a Warrant of Removal.

     See Appellant's  VERIFIED PETITION FOR WARRANT OF REMOVAL BY

THREE-JUDGE PANEL:  JURY TRIAL  DEMANDED;   all other authorities

therein;  FRCP Rule 38 in chief;  Seventh Amendment.  See also 28

U.S.C. 1631  and 2402, in pari materia.  Appellant's PETITION FOR

WARRANT OF  REMOVAL properly and timely demanded a jury trial, in

view of the exception which is found in 28 U.S.C. 2402, to wit:

     [A]ny action against the United States under section 1346(1)
     shall, at  the request  of either  party to  such action, be
     tried by the court with a jury.


The corresponding  section of  28 U.S.C.  1346, United  States as

defendant, reads as follows:

     (a)  The district  courts shall  have original jurisdiction,
     concurrent with  the United  States Court of Federal Claims,
     of:

     (1)  Any civil  action against  the United  States  for  the
     recovery of  any internal-revenue  tax alleged  to have been
     erroneously or  illegally  assessed  or  collected,  or  any
     penalty claimed  to have been collected without authority or
     any sum  alleged to  have been  excessive or  in any  manner
     wrongfully collected under the internal-revenue laws; ....

                           [28 U.S.C. 1346(a)(1), emphasis added]

     Appellant committed a harmless error by failing to cite 1346

in His  PETITION FOR  WARRANT OF REMOVAL, and hereby respectfully

requests leave of this Court to amend same nunc pro tunc.

     At this crucial juncture, Appellant respectfully directs the

attention of  this Court  to the following pivotal paragraph from

the REPORT  & RECOMMENDATION  prepared and  filed in  the instant

case by Mr. Franklin L. Noel on August 9, 1996, quoting verbatim:


            Appellant's Opening Brief:  Page 22 of 50


     9.   Defendant challenges the authority of the United States
     government to  collect income taxes from its citizens [sic].
     Section 1  of the Internal Revenue Code imposes a tax on the
     income of  "every individual"  (e.g. I.R.C., Section 1 (c)),
     which applies  to "every  individual who  is  a  citizen  or
     resident of  the United  States."    (Treas.Reg.  Sec.  1-1-
     1(a)(1) [sic]).   See,  e.g., Denison  v. Commissioner,  751
     F.2d 241,  242 (8th  Cir. 1984), cert. denied, 471 U.S. 1069
     (1985);   Lively v.  Commissioner, 705  F.2d 1017  (8th Cir.
     1983).  This is done under the authority of Congress "to lay
     and collect  taxes".   U.S. Const.,  Art. 1,  Sec. 8;   Id.,
     Amend. XVI.   Defendant is a citizen of, and resides within,
     the United  States.  See U.S. Const. Amend. XIV Sec. 1.  The
     Sixteenth Amendment  of the  United States  Constitution and
     the tax laws pursuant to it represent the law of the land to
     which the  defendant, as  a citizen  of  the  United  States
     [sic], is subject. His motion to quash fails on this ground.

     Appellant submits  this paragraph as pivotal evidence of the

requisite "authority"  which the  federal judiciary have formally

claimed in  the instant  case.   Appellant will  now  demonstrate

numerous fatal errors which were made in said paragraph:

     (1)  Appellant is  not a citizen of the United States [sic],
          by Right of Election (see thorough discussion supra);

     (2)  the regulations  at 26 CFR 1.1-1(a) thru (c) are overly
          broad for  creating specific  liabilities which are not
          authorized by  any statutes within the Internal Revenue
          Code ("IRC");

     (3)  IRC section  1(c) does  not create a specific liability
          either for  "citizens of  the  United  States"  or  for
          "residents of the United States", nor does said section
          impose any  specific liabilities  upon Citizens  of the
          several states of the Union, as such;

     (4)  Appellant is  not a  resident  of  the  United  States,
          because the term "United States" as used in 26 CFR 1.1-
          1(c) means the federal zone;

     (5)  the regulations  at 26 CFR 1.1-1(a) thru (c) are overly
          broad for  creating specific  liabilities which are not
          authorized by any statutes within the IRC;

     (6)  the authority  at  Article  I,  Section  8,  cannot  be
          exercised in violation of other provisions which govern
          the imposition  of  direct  federal  taxes  within  the
          several states of the Union, at 1:2:3 and 1:9:4;

     (7)  the so-called  16th amendment  [sic] was never lawfully
          ratified, as  proven by conclusive, unrebutted evidence
          filed in  the  case  of  People  v.  Boxer,  California
          Supreme Court, case number #S-030016, December 1992;


            Appellant's Opening Brief:  Page 23 of 50


     (8)  even if  it had  ever been  lawfully ratified,  the so-
          called  16th   amendment  [sic]   did  not  repeal  the
          prohibitions against  direct federal  taxes within  the
          several states  of the  Union at  1:2:3 and  1:9:4, and
          repeals by implication are not favored;

     (9)  the so-called  14th amendment  [sic] was never lawfully
          ratified either,  as proven  by conclusive,  unrebutted
          evidence filed and judicially recognized in the case of
          Dyett v.  Turner,  439  P.2d  266,  270  (1968)  (begin
          reading where "General Lee had surrendered ....");

     (10) although the IRC embraces tax laws which appear to have
          been enacted  pursuant to the so-called 16th amendment,
          the constitutional  restrictions on direct and indirect
          taxes do  not operate upon taxes which Congress imposes
          within  the   federal  zone,  pursuant  to  the  Downes
          Doctrine infra;

     (11) under the  Downes Doctrine,  the  Constitution  of  the
          United States,  as such,  does not  extend  beyond  the
          limits of the states which are united by and under it;

     (12) the Downes  Doctrine was  further extended  in Hooven &
          Allison v. Evatt, 324 U.S. 652 (1945), when the Supreme
          Court ruled  that the  guarantees of  the  Constitution
          extend to the federal zone only as Congress makes those
          guarantees applicable, by statutes;

     (13) by opting  to create a legislative democracy within the
          federal zone,  as opposed to a Constitutional Republic,
          Congress has  intentionally avoided  extending into the
          federal zone,  and to  all  federal  citizens  who  owe
          allegiance  to   that  zone,   the  apportionment   and
          uniformity restrictions  which apply within the several
          states and  immunize Citizens  of the  several  states;
          and,

     (14) for all  of these  reasons, and  for many  others which
          Appellant has  thoroughly documented  in  the  official
          record of the trial court below, the IRC is a municipal
          Code which  is enforceable within the federal zone, and
          upon the  citizens and residents of that zone, but only
          within the  questionable rubric of the Downes Doctrine,
          or special cases as described in T.D. 2313.


     The final proof of point 14 above is found in the exhaustive

analysis of the IRC which was accomplished, and published, in the

work entitled  The Federal  Zone: Cracking  the Code  of Internal

Revenue.  See Appendix "P" (under separate cover).  An electronic

Seventh Edition  is submitted as an essential Exhibit appended to


            Appellant's Opening Brief:  Page 24 of 50


this Opening  Brief, to  save paper,  to demonstrate  Appellant's

good faith,  and respectfully  to honor  8th Circuit  local  Rule

28A(j): Incorporation by Reference, in the instant cases, to wit:

     (j)  Incorporation  by   Reference.     A  party   may   not
     incorporate by  reference the  contents  of  a  brief  filed
     elsewhere.

     Appellant has no other efficient, or more respectful, way to

demonstrate the  vast preponderance  of conclusive evidence which

has been  amassed in  The Federal Zone, particularly as that book

addresses the  pivotal decision  of the  U.S.  Supreme  Court  in

Brushaber v.  Union Pacific  Railroad Company, 240 U.S. 1 (1916),

and the  all important  Treasury  Decision  ("T.D.")  2313  which

followed immediately upon the decision in Brushaber supra.

     Appellant submits  that the  vagueness and ambiguities which

were introduced  deliberately into  the federal income tax system

have resulted  in a  set of  laws, statutes,  regulations, rules,

forms, practices,  policies, procedures, and customs which are so

terribly complex  and intentionally  deceptive, that  the average

federal citizen  is very  far from ever being able to understand,

or decipher,  the real  meaning and intent of it all.  These were

the very  same persons who were asked to render a verdict against

Appellant in the instant case.  Lex non cogit impossibilia.

     The combined  result of this massive fraud is a travesty and

a tragedy  of the  worst kind, because Appellant has succeeded in

proving herein  that there  are, in  fact, more  than two hundred

million Americans  who find  themselves situated  in exactly  the

same position  as Appellant.   And  that position is one in which

the American  People must  now struggle  daily, hourly, sometimes

minute-by-minute,  in  the  face  of  an  ugly  and  premeditated


            Appellant's Opening Brief:  Page 25 of 50


extortion racket which now pervades the entire Land (both zones),

in blatant violation of the fundamental principles which were set

down more than two centuries ago in the supreme Law of this Land.

     Those principles have withstood every single challenge which

has been  mounted against  their supremacy  since they were first

consecrated into  Law on  June 21, 1788, the first day of summer,

the longest  day of the year, Counselor's birthday, and the first

day on  which freedom  had, at  long  last,  become  The  Primary

Principle upon  which  Our  unique  government  was  founded  and

dedicated, the day on which God's generous light from His intense

burning Sun would shine the longest, and remain that way forever.

     Freedom.  Oh, Freedom!  Quo vadis, Freedom?  Quo vadis?

     As against  these immensely moving principles, which federal

government employees now shirk at their own great loss, Appellant

returns to the incredibly accurate prediction in Justice Harlan's

courageous protest to the dangerous perils of the Downes Doctrine

in Downes v. Bidwell infra.  Long live protest!  Quoting now:

     The idea prevails with some  --  indeed, it found expression
     in arguments  at the  bar   --  that we have in this country
     substantially or practically two national governments;  one,
     to be  maintained  under  the  Constitution,  with  all  its
     restrictions;   the  other  to  be  maintained  by  Congress
     outside and  independently of that instrument, by exercising
     such powers  as other nations of the earth are accustomed to
     exercise.
                  [Downes v. Bidwell, 182 U.S. 244 at 380 (1901)]
                              [Harlan dissenting, emphasis added]

To appreciate  how alarmed  Justice Harlan had become as a result

of this new "theory", consider the following from His dissent:

     I take  leave to  say that  if the principles thus announced
     should ever  receive the  sanction of  a  majority  of  this
     court, a  radical and  mischievous change  in our  system of
     government will be the result.  We will, in that event, pass
     from the era of constitutional liberty guarded and protected
     by  a  written  constitution  into  an  era  of  legislative
     absolutism. ...


            Appellant's Opening Brief:  Page 26 of 50


     It will be an evil day for American liberty if the theory of
     a government  outside of  the supreme  law of the land finds
     lodgment in  our constitutional  jurisprudence.   No  higher
     duty rests  upon this court than to exert its full authority
     to  prevent   all  violation   of  the   principles  of  the
     Constitution.
                     [Downes v. Bidwell, 182 U.S. 244 at 379-382]
                      [(1901), Harlan dissenting, emphasis added]

     The United  States will  now take  careful note that We, the

People of the United States of America, will not sit idly by, and

witness the  systematic destruction and premeditated violation of

everything which  We hold  most dear.   The  principles We uphold

herein, have  been upheld  by many  courts of  this great Nation;

they were reiterated in People v. Boxer supra as follows:

     A practice  condemned by the Constitution cannot be saved by
     historical acceptance and present convenience.

           [U.S. v. Woodley, 726 F.2d 1328, 1338 (9th Cir. 1984)]
                                                 [emphasis added]

     It is  obviously correct  that no  one acquires  a vested or
     protected right  in violation  of the  Constitution by  long
     use, even  when that span of time covers our entire national
     existence and indeed predates it.

                       [Walz v. Tax Commission of New York City,]
                     [397 U.S. 664 at 678 (1970), emphasis added]


     (E)  The federal  removal statutes at 28 U.S.C. 1441 et seq.
          are  unconstitutional   as  a   group  for  commingling
          references to the United States District Court ("USDC")
          with the  District Court of the United States ("DCUS").
          The summary remands authorized by 28 U.S.C. 1447(d) are
          likewise unconstitutional  for being  overly broad, for
          conflicting with  28 U.S.C.  1441(e), and for depriving
          litigants of  an essential remedy, when a federal cause
          of action  is clearly present by virtue of the FOIA, in
          violation of  the  Due  Process  Clause  of  the  Fifth
          Amendment, and  two international human Rights treaties
          which guarantee  courts of  competent jurisdiction  and
          judicial officers with requisite qualifications.

     The USDC lacked jurisdiction over the subject matter because

the record  does not  exhibit the  authorizations required by IRC

7401.  Because specific FOIA requests were not answered, there is

no conclusive  evidence on  the record  that  the  U.S.  Attorney


            Appellant's Opening Brief:  Page 27 of 50


General, the Secretary of the U.S. Department of the Treasury, or

their lawful delegates, authorized or sanctioned Appellant's case

in the USDC.  No such evidence was ever served on Appellant:

     Thus, where  the Congress  prohibits the  commencement of  a
     civil action  unless certain  specific acts  are  performed,
     this Court has no jurisdiction over the subject matter until
     the requisite conditions are met in fact and such compliance
     is shown  by the pleadings and, where necessary, established
     by proof.  ... [B]ut  the mere allegation of facts necessary
     for  jurisdiction   without  supporting   proof  is  fatally
     defective. ...  This Court holds that 26 U.S.C. Section 7401
     requirements constitute  facts  essential  to  jurisdiction.
     The failure  to prove jurisdictional facts when specifically
     denied is fatal to the maintenance of this action.

                     [U.S.A. v. One 1972 Cadillac Coupe De Ville]
                    [355 F.Supp. 513, 515 (1973), emphasis added]

     Likewise, even if IRC 7402 had ever taken effect, it clearly

grants specific authorities to the "district courts of the United

States" [sic] ("DCUS") at 7402(a), 7402(b), 7402(c), and 7402(f).

The USDC is only mentioned at 7402(e):

     (e)  To quiet title.
     The  United   States  district   courts  [sic]   shall  have
     jurisdiction of  any action  brought by  the  United  States
     [sic] to quiet title to property if the title claimed by the
     United States  [sic]  to  such  property  was  derived  from
     enforcement of a lien under this title.     [emphasis added]

IRC 7402(d)  was repealed  by  P.L.  92-310,  title  II,  section

230(d), June 6, 1972.  See 1 U.S.C. 1 et seq.

     The jurisdiction  of federal  courts is  defined in the U.S.

Constitution at  Article III  for judicial  courts;  in Article I

for legislative  courts;   and  in  Article  IV  for  territorial

courts.   Some courts  created by  Acts  of  Congress  have  been

referred  to  as  "Constitutional  Courts",  whereas  others  are

regarded as  "Legislative Tribunals".   O'Donoghue  v. U.S.,  289

U.S. 516  (1933), 77  L.Ed. 1356,  53 S.Ct. 74;  Mookini v. U.S.,

303 U.S. 201 at 205 (1938), 82 L.Ed. 748, 58 S.Ct. 543.


            Appellant's Opening Brief:  Page 28 of 50


     The   USDC   is   a   legislative,   territorial   tribunal.

Legislative court  judges do  not enjoy  Article III  guarantees;

"inherently judicial"  tasks must be performed by judges deriving

power under  Article III.   See  U.S. v.  Saunders, 641  F.2d 659

(1981), cert. den. 101 S.Ct. 3055, 452 U.S. 918, 69 L.Ed. 422.

     Creation and  composition of  the USDC  were accomplished by

Acts of  Congress on  June 25,  1948 [62 Stat. 895], and November

13, 1963  [77 Stat.  331], currently  codified at  28 U.S.C. 132;

and the  jurisdiction thereof  is strictly limited by IRC 7402 to

actions brought  by the  United States  [sic] to  quiet title  to

property if the title claim by the United States to such property

was derived from enforcement of a lien under Title 26, U.S.C.

     Acts  of  Congress  creating  the  USDC  do  not  vest  said

territorial tribunals  with general criminal jurisdiction;  these

courts have  only such  jurisdiction as is conferred upon them by

Act of Congress under the Constitution.  See Hubbard v. Ammerman,

465 F.2d  1169 (5th Cir. 1972), cert. den. 93 S.Ct. 967, 410 U.S.

910, 35 L.Ed.2d 272.  See IRC 7402(e) quoted supra, Page 28.

     The USDC  is not a court of general jurisdiction, and has no

other power  bestowed upon  it, except as prescribed by Congress.

See Graves  v. Snead, 541 F.2d 159 (6th Cir. 1976), cert. den. 97

S.Ct. 1106,  429 U.S.  1093, 51 L.Ed.2d 539.  Confer at "Inclusio

unius est exclusio alterius" in Black's supra.

     It is  apparent that  the USDC for the District of Minnesota

was  created  and  established  under  28  U.S.C.  132,  and  its

jurisdiction is  defined and  limited by  Chapter 85 of Title 28,

U.S.C.   The Historical  and Statutory  Notes under 28 U.S.C. 132

contain the  following important  qualification, in  the  section


            Appellant's Opening Brief:  Page 29 of 50


entitled "Continuation of Organization of Court", to wit:

     Section 2(b) of Act June 25, 1948, provided in part that the
     provisions of  this title  [sic] as  set out in section 1 of
     said Act  June 25, 1948, with respect to the organization of
     the court,  shall be construed as a continuation of existing
     law ....                                    [emphasis added]

     The distinction between the USDC and the DCUS dates at least

from American  Insurance infra  in the  year 1828,  and Title 28,

U.S.C., expressly  continues that law.  The Act of June 25, 1948,

contains the following corresponding language, to wit:

     (b)  The provisions  of title  28,  Judiciary  and  Judicial
     Procedure, of  the United  States Code, set out in section 1
     of this Act, with respect to the organization of each of the
     several courts  therein provided  for ... shall be construed
     as continuations  of existing  law. ...   No loss of rights,
     interruption  of   jurisdiction,  or  prejudice  to  matters
     pending in  any of such courts on the effective date of this
     Act shall result from its enactment.        [emphasis added]

Appellant submits the following construction of this provision of

the Act of June 25, 1948:

     No loss of rights shall result from its enactment;

     No  interruption  of  jurisdiction  shall  result  from  its
     enactment;  and,

     No prejudice to matters pending in any of such courts on the
     effective date of this Act shall result from its enactment.

     The truth  is that the United States District Court ("USDC")

is designed  to adjudicate  matters that arise within the federal

zone, and  the District  Court of  the United  States ("DCUS") is

designed to  adjudicate matters that arise within the state zone.

See U.S. v. Lopez, 115 S.Ct. 1624 (1995), Kennedy concurring.

     There is  a  distinct  and  definite  difference  between  a

"United States  District Court" ("USDC") and a "District Court of

the United  States" ("DCUS").   The  words "District Court of the

United States"  commonly describe  constitutional courts  created

under Article III of the Constitution, not the legislative courts


            Appellant's Opening Brief:  Page 30 of 50


which have  long  been  the  courts  of  the  Territories.    See

International Longshoremen's  & Warehousemen's  Union  v.  Juneau

Spruce Corp., 342 U.S. 237 at 241, 96 L.Ed. 275 (1952).

     The term  "District Court  of the  United  States"  commonly

describes Article  III courts,  or "courts of the United States",

and not  legislative courts  of the  territories.   See  American

Insurance Co.  v. 356 Bales of Cotton, 1 Pet. 511 (1828), 7 L.Ed.

242;   International Longshoremen's  and Warehousemen's  Union v.

Wirtz, 170  F.2d 183 (9th Cir. 1948), cert. den. 336 U.S. 919, 93

L.Ed. 1082, 69 S.Ct. 641, reh. den. 336 U.S. 971, 69 S.Ct. 936.

     Though the  judicial system  set up  in a  territory of  the

United States  is a  part of  federal  jurisdiction,  the  phrase

"court of  the United States", when used in a federal statute, is

generally construed  as not  referring to  "territorial  courts".

See Balzac  v. Porto  Rico [sic],  258 U.S. 298 at 312 (1922), 42

S.Ct. 343, 66 L.Ed. 627.  In Balzac supra, the high Court stated:

     The United States District Court is not a true United States
     court established  under Article  III of the Constitution to
     administer the  judicial power  of the United States therein
     conveyed.    It  is  created  by  virtue  of  the  sovereign
     congressional faculty,  granted under Article IV, Section 3,
     of  that   instrument,  of  making  all  needful  rules  and
     regulations respecting the territory belonging to the United
     States.  The resemblance of its jurisdiction to that of true
     United  States   courts  in   offering  an   opportunity  to
     nonresidents of resorting to a tribunal not subject to local
     influence,  does   not  change   its  character  as  a  mere
     territorial court.                          [emphasis added]

     The distinction  within the dual nature of the federal court

system is  also noted  in 18  U.S.C. 3241,  which states that the

United States  District Court  ("USDC") for  the Canal Zone shall

have jurisdiction  "... concurrently  with the district courts of

the United  States [sic],  of offenses  against the  laws of  the

United States  committed upon  the high  seas" [emphasis  added].


            Appellant's Opening Brief:  Page 31 of 50


Singular and  plural refer  to one  and the same entities.  See 1

U.S.C. 1 et seq. for rules of Title construction.

     This distinction is the reason why federal jurisdiction over

prosecutions  is   more  than   a  technical   concept;    it  is

Constitutional requirement.   See  U.S. v.  Johnson, 337 F.2d 180

(4th Cir.  1964), aff'd  383 U.S.  169 (1966),  86 S.Ct.  749, 15

L.Ed.2d 681,  cert. den.  87 S.Ct.  44, 134, and 385 U.S. 846, 17

L.Ed.2d 77, 117.

     The distinction  between the  "district courts of the United

States" and  "United States  district  courts"  is  also  readily

apparent in  the section  of Title 18 dealing with civil remedies

for activities  prohibited by 18 U.S.C. 1962 (i.e. racketeering).

Subsection (a)  of 18 U.S.C. 1964 makes explicit reference to the

Article III "district courts of the United States", as follows:

     (a)  The district  courts of  the United  States shall  have
     jurisdiction to  prevent and  restrain violations of section
     1962 of this chapter by issuing appropriate orders ....

                                                 [emphasis added]

Subsection (c)  of 18 U.S.C. 1964 makes explicit reference to the

Article IV "United States district court", as follows:

     (c)  Any person  injured in  his  business  or  property  by
     reason of  a violation  of section  1962 of this chapter may
     sue therefor in any appropriate United States district court

     ....                                        [emphasis added]

     The language of these two subsections is almost identical in

scope, with  the important  difference resulting from an apparent

need to legislate separate and distinct court authorities for the

Article  III   and  for  the  Article  IV  forums,  respectively.

Inclusio unius est exclusio alterius.  See also 28 U.S.C. 1441 et

seq., in  which Congress  appears to  have confused the USDC with

the DCUS throughout the removal statutes codified therein.


            Appellant's Opening Brief:  Page 32 of 50


     This finding,  again, raises  the all  important question of

original jurisdiction.   The  USDC could  not sentence  Appellant

without subject  matter jurisdiction.  Appellant was under duress

of incarceration when Appellant petitioned the USDC for a release

pending appeal.   Mr.  Rosenbaum evidently  ignored, or deferred,

Appellant's PETITION  to the  DCUS for  a WARRANT OF REMOVAL BY A

THREE-JUDGE PANEL.   The  record shows  that Mr.  Rosenbaum  did,

finally, acknowledge  Appellant's FOIA  suit, which  specifically

named Mr. Rosenbaum as one of several Respondents in the DCUS.

     Appellant hereby  protests the  great lengths  to which  Mr.

Rosenbaum evidently went to ignore the removal statutes which are

found at  28 U.S.C.  1441 et  seq.  By way of demonstrating newly

found evidence  of confusion and duplicity in the federal laws in

question, Appellant  submits the following specific citations for

the careful consideration of this honorable Court:

     28 U.S.C. 1441(a)    "district court of the United States"
     28 U.S.C. 1441(d)    "district court of the United States"
     28 U.S.C. 1442(a)    "district court of the United States"
     28 U.S.C. 1443       "district court of the United States"
     28 U.S.C. 1444       "district court of the United States"
     28 U.S.C. 1445(a)    "district court of the United States"
     28 U.S.C. 1445(b)    "district court of the United States"
     28 U.S.C. 1445(c)    "district court of the United States"
     28 U.S.C. 1445(d)    "district court of the United States"
     28 U.S.C. 1446(a)    "district court of the United States"
     28 U.S.C. 1446(c)(1) "United States district court" [sic]
     28 U.S.C. 1446(c)(2) "United States district court" [sic]
     28 U.S.C. 1446(c)(4) "United States district court" [sic]
     28 U.S.C. 1446(c)(5) "United States district court" [sic]
     28 U.S.C. 1448       "district court of the United States"
     28 U.S.C. 1449       "district court of the United States"
     28 U.S.C. 1450       "district court of the United States"


     Appellant hereby challenges all federal removal statutes, as

a group,  for being  void for vagueness in violation of the Sixth

Amendment, Nature  and Cause Clause. See 28 U.S.C. 1441 thru 1452

[emphasis added supra];  Balzac supra;  American Insurance supra.


            Appellant's Opening Brief:  Page 33 of 50


     Said statutes also evidence negligence and fraud on the part

of Congress.   The fraud is demonstrated by an unlawful intent to

extend the  territorial and  subject matter  jurisdictions of the

USDC into  the several  states of  the Union, over which the DCUS

has original  jurisdiction with  respect to  said  territory  and

subject matters.   The  removal statutes  evidence the  fraud, in

violation of the Petition Clause, the Fifth and Tenth Amendments.

     Recent research  has also  proven that the federal judiciary

has also  sabotaged the  U.S.  Constitution  and  corrupted  laws

governing the  conduct of the federal courts.  This has been done

in part  by creating  the false  impression  that  the  USDC  has

territorial and  subject matter  jurisdiction within  the several

states of  the Union,  particularly over  criminal  prosecutions,

when it does not.  See Supremacy Clause;  human Rights treaties.

     The truth is that the USDC is designed to adjudicate matters

that arise  within the  federal zone, and the DCUS is designed to

adjudicate matters  that arise  within the  state zone  (not  the

"State" zone).  See 31 CFR 51.2 and 52.2 ("State" and "state").

     Pursuant to the definition at 28 U.S.C. 1451(2), the USDC is

a "State"  court as  defined therein,  because  said  USDC  is  a

legislative tribunal  domiciled in  the District  of Columbia and

convened under authority of 4:3:2 (i.e. a territorial court).

     Appellant respectfully  requests  this  honorable  Court  to

compare two important removal statutes which are available to all

civil litigants.   28  U.S.C. 1441(b)  contains a  clear, general

restatement of the original jurisdiction of the DCUS, without any

requirement  that   the  removing  party(s)  be  defendant(s)  or

plaintiff(s), to wit:


            Appellant's Opening Brief:  Page 34 of 50


     (b)  Any civil  action of  which the  district  courts  have
     original jurisdiction  founded on  a claim  or right arising
     under the  Constitution, treaties  or  laws  of  the  United
     States shall  be removable without regard to the citizenship
     or residence of the parties.

                              [28 U.S.C. 1441(b), emphasis added]

     The above  statute makes absolutely no mention whatsoever of

a "defendant",  "defendants", "plaintiff",  or "plaintiffs".   In

clear contrast  to the  above statute,  the companion  statute at

section 1441(a)  does explicitly  restrict  its  availability  to

civil defendant(s) only, to wit:

     (a)  Except  as  otherwise  expressly  provided  by  Act  of
     Congress, any civil action brought in a State court of which
     the district  courts of  the  United  States  have  original
     jurisdiction,  may  be  removed  by  the  defendant  or  the
     defendants, to  the district  court of the United States for
     the district  and division  embracing the  place where  such
     action is pending.
                              [28 U.S.C. 1441(a), emphasis added]

     Appellant relies  heavily upon  the  rule  of  construction:

Inclusio unius  est exclusio  alterius, in  order  to  show  that

Congress omitted any references to the "defendant", "defendants",

"plaintiff", or  "plaintiffs" in  section  1441(b),  because  the

omission was  intentional;   specifically, it  is the  intent  of

Congress to  allow plaintiffs  and  defendants  to  remove  civil

action(s) from  "State" courts  into the  DCUS, particularly when

the DCUS  has original jurisdiction that is founded on a claim or

right arising  under a "law of the United States" [sic].  See the

Freedom of Information Act ("FOIA") at 5 U.S.C. 552 et seq.

     The FOIA  is a  law of the United States.  Specifically, see

the grant  of original jurisdiction to the DCUS (not to the USDC)

at 5  U.S.C. 552(a)(4)(B), to enjoin the withholding of documents

properly requested  under FOIA,  and to  order the  production of

documents improperly withheld.


            Appellant's Opening Brief:  Page 35 of 50


     The major  problem which  Appellant  wishes  this  honorable

Court to  remedy  is  that  there  appears  to  be  no  statutory

authority for  a Citizen  of Minnesota state to remove a criminal

prosecution into  the DCUS,  particularly when the USDC whence it

originated does  not have  any criminal  jurisdiction whatsoever.

See 28 U.S.C. 1446(c)(1) thru (5) supra.

     It was  for this  reason that Appellant invoked the original

jurisdiction of  the DCUS  under the  FOIA, specifically 5 U.S.C.

552(a)(4)(B), and petitioned the DCUS for a warrant of removal of

a "criminal"  case which  began in  a court which evidently could

not demonstrate  any criminal jurisdiction in the first instance.

See Appellant's AFFIDAVITS OF DEFAULT AND OF PROBABLE CAUSE.

     Furthermore, Appellant  requests  this  honorable  Court  to

enjoin any  future summary remand by the DCUS of Appellant's FOIA

suit(s) back  to the  USDC.   A summary  remand would effectively

deny a  judicial remedy which is Appellant's Right in the instant

cases, because  the FOIA creates a federal cause of action in the

case of  all documents  properly requested  under the  FOIA,  and

improperly withheld  by the  government actor(s) and agency(s) in

question.   The burden  is on  these same government actor(s) and

agency(s) to justify the withholding (in more ways than one:).

     Moreover, the  USDC has  no jurisdiction  whatsoever, either

original or  appellate, to  enjoin the  withholding of  documents

properly requested  by Appellant  under the FOIA, and/or to order

the production of documents improperly withheld from Appellant by

the government actor(s) and agency(s) in question.

     Appellant also specifically challenges the constitutionality

of 28 U.S.C. 1447(d), to wit:


            Appellant's Opening Brief:  Page 36 of 50


     (d)  An order remanding a case to the State court from which
     it was  removed is  not reviewable  on appeal  or otherwise,
     except that  an order  remanding a  case to  the State court
     from which  it was  removed pursuant to section 1443 of this
     title shall be reviewable by appeal or otherwise.

Appellant hereby  denies any  reliance  whatsoever  upon  section

1443, thus  rendering moot  the second  half of  section 1447(d).

However, Appellant  argues that the first half of said section is

overly broad  for permitting  arbitrary,  capricious,  erroneous,

and/or injurious  orders to  be sustained  artificially, and  for

depriving litigants  of  remedies  which  are  Their  fundamental

Right, under the Due Process Clause of the Fifth Amendment.

     It was  only after  the instant  case was filed in the USDC,

that Appellant then decided to submit proper FOIA requests to the

U.S. Department  of Justice ("DOJ"), to the Administrative Office

of the U.S. Courts in Washington, D.C., to the U.S. Department of

the Treasury,  and to  other agencies, for the credentials of all

government actors  who had  touched the instant cases in any way.

When DOJ,  the Judiciary,  Treasury, and  all  other  actors  and

agencies failed  to produce  certified copies  of  the  requested

documents, after  receipt of proper FOIA requests and appeals for

same, and  after expiration  of the statutory deadlines for same,

Appellant had then exhausted all administrative remedies, and was

then faced with an immediate need to invoke the court of original

jurisdiction over  the FOIA.   That  court is the DCUS;  no other

court fits the bill.  See 31 CFR 51.2 and 52.2 (pre-E.O.).

     Accordingly, Appellant  now faces  the very real prospect of

being forever deprived of Appellant's procedural Right to enforce

the FOIA  upon DOJ, the Judiciary, and all other FOIA recipients.

Should a  summary remand  be permitted  to stand  and thereby  to

remove the  instant case  back to the USDC, there will have been,


            Appellant's Opening Brief:  Page 37 of 50


in that  event, no litigation whatsoever on the federal questions

which arose  from the  original FOIA  requests and appeals.  This

result directly  contravenes the  explicit legislative  intent of

the FOIA and of 28 U.S.C. 1441(e), to wit:

     (e)  The court  to which such civil action is removed is not
     precluded from  hearing and  determining any  claim in  such
     civil action  because the  State court from which such civil
     action is removed did not have jurisdiction over that claim.

     Appellant submits,  for the  careful consideration  of  this

honorable Court,  that  section  1441(e)  applies  directly,  and

unequivocally, to the instant cases, particularly with respect to

judicial enforcement  of the FOIA.  This is so, precisely because

the USDC  from which  Appellant sought to remove the instant case

does not have any jurisdiction whatsoever over FOIA enforcement.

     Therefore, the  DCUS  is  not  precluded  from  hearing  and

determining Appellant's claim upon judicially compelled discovery

of the  documents requested  in the  original FOIA  requests  and

appeals, e.g.  credentials, such as Appointment Affidavits, Oaths

of Office,  and delegations  of authority to the offices claimed.

See, in particular, 6:3; 28 U.S.C. 453, 951;  and 5 U.S.C. 3331.

     When examined  against this  clear  and  unequivocal  Right,

which is  enforceable by  the  FOIA,  the  restriction  found  at

section 1447(d) cannot stand on its own, nor can it be applied in

the instant cases, because said section confounds, if it does not

directly contradict, the procedural Right(s) which are recognized

by section 1441(e), and by 5 U.S.C. 552(a)(4)(B).

     Section  1447(d)   is  particularly  offensive  in  that  it

prohibits review  on appeal or otherwise.  Appellant submits that

this additional  qualifier --  "or otherwise"  -- would logically

prohibit further  judicial review  of  Appellant's  STAY  MOTION,


            Appellant's Opening Brief:  Page 38 of 50


should the  three-judge DCUS  panel decide,  under  authority  of

section 1447(d),  to remand  instead of ruling on the STAY MOTION

now pending before that panel.

     Appellant is  now  entirely  confident  that  Appellant,  as

Plaintiff in the DCUS case, has every Right under section 1441(b)

to remove the instant proceedings into the DCUS, to enforce FOIA,

if nothing  else, and  to do so without regard to the citizenship

(or residence) of any of the real parties of interest.

     The  second   half  of   section  1441(b)   is  particularly

noteworthy  for  containing  a  rare  statutory  reference  to  a

"citizen of the State [sic] in which such action is brought".  In

federal  laws  which  are  replete  with  references  to  federal

citizens (i.e. "citizens of the United States"), such a reference

is rare indeed.  See definition at 28 U.S.C. 1451(2), however.

     It is  also clear that section 1441(e) contemplates cases in

which the  DCUS is  empowered to  remove and hear Minnesota state

cases in  which there is a federal cause of action over which the

DCUS has  original jurisdiction, and to transfer all other causes

of action  which properly  belong in  a Minnesota state court, if

any.  See 28 U.S.C. 1631: Transfer to cure want of jurisdiction.

     As applied  to the  instant cases,  it would  be proper, for

example, for  the DCUS  to transfer  certain judicial remedies to

the proper  Minnesota state  court, with a recommendation to stay

that  proceeding,   pending  final  judgment  in  the  matter  of

compelling discovery  of the  credentials and all other documents

which Appellant has properly requested.  See 28 U.S.C. 1631.

     In that  way, the  outcome of  the instant  cases could then

pivot on  whether, or  not, the  requested credentials existed in


            Appellant's Opening Brief:  Page 39 of 50


the first  instance  and,  if  they  did,  whether  or  not  said

credentials should be enforced in equity;  if they did not exist,

then a  Minnesota state  court would  then be the proper forum to

adjudicate probable  violations  of  applicable  Minnesota  state

criminal laws,  e.g. trespass,  extortion, kidnap,  perjury,  and

impersonating an  officer, under legal standing expressly granted

to "localities"  (e.g. Minnesota state) by the reservations which

Congress attached  to two  international human Rights treaties --

the International Covenant on Civil and Political Rights, and the

Universal Declaration of Human Rights.  See 28 U.S.C. 1652.

     But, such  a  pivotal  determination  would  necessarily  be

required to  await FOIA enforcement in the DCUS, in any event, if

not also the other relief for which Appellant petitioned the DCUS

(e.g. to  review the apportionment of congressional districts and

state voter registration practices).


     (F)  The Downes  Doctrine [sic],  established by  a  minimal
          majority of  the Supreme  Court of the United States in
          Downes v. Bidwell, 182 U.S. 244 (1901), is obsolete and
          unconstitutional, for  the prescient  reasons stated by
          Justice Harlan  in His  eloquent dissent  in that case.
          The limitations  of the U.S. Constitution extend to the
          farthest reaches  of the  known  Universe,  as  far  as
          United States (federal government) officers, employees,
          and  contract   agents  are   concerned.     The   term
          "exclusive" at 1:8:17 does not mean "unrestricted."

     Appellant expressly  claims the  fundamental Right to courts

of competent jurisdiction, with presiding judge(s) who qualify by

Law.   The prohibition  against taxing  judicial pay  is one such

qualification.   See 3:1.  Evans v. Gore, 253 U.S. 245 (1920), is

now controlling,  notwithstanding the  so-called 16th  amendment,

because  said   "amendment"  never  repealed  3:1.    Repeals  by

implication are  not favored.   See U.S. v. Hicks, [cite omitted]


            Appellant's Opening Brief:  Page 40 of 50


(9th Cir.  1991).   The only reference to "Immunity", as such, is

found in the Clause which guarantees Privileges and Immunities to

Citizens in the several states, like Appellant.  See 4:2:1.

     Appellant  argues   that  no   federal  judge  is  presently

qualified  to   preside  on   the   instant   cases,   even   for

preliminaries, whose  pay is  being diminished  by federal income

taxes.   See also  Lord v.  Kelley, 240  F.Supp. 167, 169 (1965),

which admitted undue influence upon federal judges by the IRS.

     Evans has  never been  overturned (see Shepard's Citations),

notwithstanding a  UCLA Law  Review  article  which  alleges  the

contrary: "The  Constitutional  Guaranty  against  Diminution  of

Judicial Compensation," Vol. 24, Dec. 1976, p. 308 at 332, n. 94.

C.J. William  H. Rehnquist  has argued,  before the University of

Arizona Law  School in  January of  1997, that  Evans  supra  was

overturned  by  O'Malley  v.  Woodrough,  307  U.S.  277  (1939).

Appellant disputes  the main holding in O'Malley supra, for being

predicated upon the following two false and rebuttable premises:

     (1)  there is only one class of citizens (there are 2); and,

     (2)  all federal judges are citizens of either class (but no
          federal law requires judges to be citizens at all).

     The authority  in Evans  supra is particularly poignant.  It

is apparent  to Appellant,  because of  exhaustive research which

His Counselor has shared with Him, that all sitting U.S. District

Judges are  appointed to  serve in  either an Article I, or in an

Article IV,  capacity at  the present  time.  In either capacity,

said judges do not enjoy the explicit prohibition at 3:1, to wit:

     The Judges,  both of  the supreme and inferior Courts, shall
     hold their  Offices during  good Behaviour,  and  shall,  at
     stated Times,  receive for  their Services,  a Compensation,
     which shall  not be  diminished during  their Continuance in
     Office.
                         [Article III, Section 1, emphasis added]


            Appellant's Opening Brief:  Page 41 of 50


     Appellant argues that the major reason why federal judges do

not now  enjoy the explicit prohibition at 3:1 is the doctrine of

territorial heterogeneity.  Confer in The Federal Zone:  Cracking

the Code  of Internal  Revenue, electronic Seventh Ed.;  see also

U.S. v. Lopez, 115 S.Ct. 1624, 131 L.Ed.2d 626 (1995):

     Each of  these [schools]  now has  an invisible federal zone
     [sic] extending  1,000 feet  beyond  the  (often  irregular)
     boundaries of the school property.
                                                 [emphasis added]

Here, the U.S. Supreme Court utilized this term as a common noun,

without any  citations or  footnotes.   As a consequence of Lopez

supra, the  term "federal  zone" now has a permanent place in the

history of  American constitutional  jurisprudence.  The doctrine

of territorial  heterogeneity, as  such, is summarized as follows

in the Conclusions of the book The Federal Zone, to wit:

     In exercising its exclusive authority over the federal zone,
     Congress  is   not  subject   to  the   same  constitutional
     limitations that  exist inside  the 50  States.    For  this
     reason, the  areas that  are inside  and outside the federal
     zone are  heterogeneous with  respect to  each other.   This
     difference   results   in   a   principle   of   territorial
     heterogeneity:   the  areas  within  the  federal  zone  are
     subject to one set of rules;  the areas without (or outside)
     the federal  zone are  subject to  a different set of rules.
     The Constitution  rules outside  the zone  and inside the 50
     States.   The Congress rules inside the zone and outside the
     50 States.   The  50 States  are, therefore,  in one general
     class, because  all constitutional  restraints upon Congress
     are in  force throughout the 50 States, without prejudice to
     any one  State.   The areas within the federal zone are in a
     different general  class, because  these same constitutional
     restraints simply do not limit Congress inside that zone.

      [The Federal Zone, electronic Seventh Edition, Conclusions]

     In the  pivotal case  of Downes  v. Bidwell,  182  U.S.  244

(1901) (discussed  supra at Page 26 et seq. and at several places

in the  book), the  U.S. Supreme  Court  established  a  doctrine

whereby the  Constitution of the United States, as such, does not

extend beyond  the limits  of the  states which are united by and


            Appellant's Opening Brief:  Page 42 of 50


under it.   This  doctrine of  territorial heterogeneity  is  now

commonly identified as the "Downes Doctrine" [sic].

     This doctrine has been reinforced by subsequent decisions of

the U.S.  Supreme Court, notably, the case of Hooven & Allison v.

Evatt, 324  U.S. 652  (1945), in  which the high Court ruled that

the guarantees  of the  U.S. Constitution  extend to  the federal

zone only as Congress has made those guarantees applicable.

     The one basis remaining for taxing the pay of federal judges

is the  Downes Doctrine,  which cannot be extended into the state

zone, nor to the judges who preside on federal courts established

for the state zone.  See 3:1;  Ninth and Tenth Amendments.

     The  Downes   Doctrine  is  obsolete  and  unconstitutional.

Harlan was  correct in  his eloquent dissent;  the limitations of

the U.S. Constitution extend to the farthest reaches of the known

Universe, as  far as United States (federal government) officers,

employees, and contract agents are concerned.

     The Downes Doctrine has also permitted a serious tear to rip

the entire  fabric of  the Republic.   See  Lopez supra,  Kennedy

concurring.  This rip is manifest in the controversy now swirling

about the proper distinction between the USDC and the DCUS, their

respective subject matter(s) and territorial jurisdiction(s).

     The Downes  Doctrine was  attacked properly In re Grand Jury

Subpoena Served on New Life Health Center Company supra, but U.S.

District Judge  John M. Roll exceeded his discretion in that case

by failing  to  rule  on  numerous  proper  and  timely  motions,

including a  formal challenge  to the  constitutionality  of  the

Downes Doctrine.   Appellant  now brings the same challenge here.

The term "exclusive" at 1:8:17 does not mean "unrestricted".


            Appellant's Opening Brief:  Page 43 of 50


     (G)  The  Internal  Revenue  Code  ("IRC")  as  a  whole  is
          unconstitutional and  void  for  exhibiting  deliberate
          vagueness with  respect to its territorial application.
          IRC 7851(a)(6)(A)  is likewise  void for vagueness, for
          exhibiting a  recursive self-reference, and for leaving
          doubt as  to the  meaning of the term "this title" with
          respect to the legal force and effect of all provisions
          within subtitle  F: Procedure  and  Administration,  of
          Title 26, U.S.C., notably sections 7206, 7401, and 7402
          in chief.   Such  doubt should  be resolved in favor of
          those upon  whom the  tax is  sought to  be laid.   See
          Nature and Cause Clause in the Sixth Amendment.

     Appellees allege original jurisdiction pursuant to 26 U.S.C.

sections 7401 and 7402 [sic].  Title 26, U.S.C., and the Internal

Revenue Code  ("IRC") are  not one and the same, because Title 26

as such  has never been enacted into positive law.  See pertinent

rules for  prima facie  and conclusive  evidence of  the law,  as

defined in  Title 1,  U.S.C.   Both sections  7401 and  7402 fall

within subtitle  F, which contains all the enforcement mechanisms

of the  IRC.   As such,  said sections  have never  taken effect,

because IRC 7851(a)(6)(A) is controlling, to wit:

     General rule.   The  provisions of  subtitle  F  shall  take
     effect on  the day after the date of enactment of this title
     [sic] ....
                                                 [emphasis added]

     To make  matters worse,  IRC 7851(a)(6)(A) also falls within

subtitle F,  raising the  specter of  vagueness for  exhibiting a

recursive self-reference.  It takes effect when it takes effect!

     Appellant enjoys and hereby asserts His fundamental Right to

clear and  unambiguous laws.   See "Void for Vagueness" doctrine;

Cruikshank supra.  U.S. v. De Cadena, 105 F.Supp. 202, 204 (1952)

lists a  number of  excellent authorities  for the origin of this

doctrine (see  Lanzetta v.  New Jersey,  306 U.S. 451 (1939)) and

for its  development (see  Screws v.  United States,  325 U.S. 91

(1945), Williams  v. United States, 341 U.S. 97, and Jordan v. De

George, 341 U.S. 223 (1951)).  Connally infra sets the rule:


            Appellant's Opening Brief:  Page 44 of 50


     And a  statute which either forbids or requires the doing of
     an act  in terms  so vague  that men  of common intelligence
     must necessarily  guess at  its meaning and differ as to its
     application, violates  the first essential of due process of
     law.
                    [Connally et al. v. General Construction Co.]
                        [269 U.S 385, 391 (1926), emphasis added]

     Appellant reminds  this honorable  Court of  the  discussion

supra concerning  the term  "this title" at 28 U.S.C. 1867(d) and

in the  Historical and  Statutory Notes  after 28 U.S.C. 132 (see

Page 30  et seq.).   There is no question but that the consistent

legislative practice  is to use the term "this title" to refer to

Titles of the United States Codes (whether enacted or not).

     The average  American cannot  be expected  to have the skill

required to  navigate the journey We just took through the verbal

swamps in Titles 26 and 28, U.S.C., nor does the average American

have the  time and  motivation required  to make  such a journey.

Chicanery does  not make  good  law.    The  rules  of  statutory

construction fully support this unavoidable conclusion:

     ... [I]f  it is  intended that  regulations  will  be  of  a
     specific and  definitive nature  then it  will be clear that
     the only  safe method  of interpretation  will be  one  that
     "shall suppress the mischief, and advance the remedy, and to
     suppress subtle  inventions and evasions for the continuance
     of the mischief ...."

       [Statutes and Statutory Construction, by J. G. Sutherland]
           [3rd Edition, Volume 2, Section 4007, page 280 (1943)]

The Supreme  Court has  also agreed,  in no  uncertain terms,  in

Cruikshank supra  (a seminal authority in at least two respects),

and as follows:

     In the  interpretation of  statutes levying  taxes it is the
     established  rule   not  to   extend  their  provisions,  by
     implication, beyond  the clear  import of the language used,
     or to  enlarge their operations so as to embrace matters not
     specifically pointed  out.    In  case  of  doubt  they  are
     construed most strongly against the Government, and in favor
     of the citizen.
                     [United States v. Wigglesworth, 2 Story 369]
                                                 [emphasis added]


            Appellant's Opening Brief:  Page 45 of 50


     ... [K]eeping  in mind  the  well  settled  rule,  that  the
     citizen is  exempt from taxation, unless the same is imposed
     by clear  and  unequivocal  language,  and  that  where  the
     construction of  a tax  law is  doubtful, the doubt is to be
     resolved in favor of those upon whom the tax is sought to be
     laid ....
                         [Spreckels Sugar Refining Co. v. McLain]
                     [192 U.S. 397 at 416 (1904), emphasis added]

     On what  basis, then, should the Internal Revenue Service be

allowed to  extend the  provisions of  the IRC  beyond the  clear

import of the language used?  On what basis can the IRS act, when

that language  has no  clear import?   On  what basis  is the IRS

justified in  enlarging their operations so as to embrace matters

not specifically  pointed out?   The  answer  is  tyranny.    The

"golden" retriever has broken his leash and is now tearing up the

neighborhood -- to fetch the gold.  What a service!

     Consider for  a moment the sheer size of the class of People

now affected  by the  fraudulent 16th  amendment.   First of all,

take into  account all  those Americans who have passed away, but

paid taxes  into the  Treasury after  1913.   How many  of  those

correctly understood  all the  rules, when  People like  Frank R.

Brushaber were confused as early as 1914?  Add to that number all

those Americans  who are  still alive  today, and  who have  paid

taxes to  the IRS  because they thought there was a law, and they

thought that  law was  the 16th  amendment.  After all, they were

told as  much by  numerous federal  officials, and  possibly also

their  parents,   friends,  relatives,   school  teachers,  scout

masters, colleagues,  and news anchors.  Don't high school civics

classes now spend a lot of time teaching students how to complete

IRS forms and schedules, instead of teaching the Constitution?

     Donald C.  Alexander, when  he was  Commissioner of Internal

Revenue, published  an official statement in the Federal Register


            Appellant's Opening Brief:  Page 46 of 50


that the  16th amendment  was the  federal  government's  general

authority to  tax the  incomes of  individuals and  corporations.

See Chapter 1 and Appendix J in The Federal Zone.  Sorry, Donald,

you were  wrong.   At this point in time, it is impossible for Us

to determine  whether you  were lying,  or whether you too were a

victim of  the fraud.   Just  how many  People are  in  the  same

general class of those affected by the fraudulent 16th amendment?

Is it  200 million?   Is it 300 million?  Whatever it is, it just

boggles the  imagination.   It certainly does involve also a very

large number  of federal employees who went to work for Uncle Sam

in good faith.  The tax is voluntary!  Ask Senator Barbara Boxer.

     It is  clear, there  is a  huge difference  between the area

covered by  the federal  zone, and  the area  covered by  the  50

states.   Money is a powerful motivation for all of us.  Congress

had literally  trillions of  dollars to  gain by  convincing most

Americans they  were inside  its revenue base when, in fact, most

Americans were  outside its revenue base, and remain outside even

today.  This is deception on a grand scale, and the proof of this

deception is  found in  the Code  itself.   It is  no wonder  why

public relations  "officials" of  the IRS  cringe  in  fear  when

dedicated Americans admit, out loud and in Person, that They have

read the  law.   It is  quite stunning  how the carefully crafted

definitions of "United States" do appear to unlock a Code that is

horribly complex  and deliberately  so.   As fate  would have it,

these carefully  crafted  definitions  also  expose  perhaps  the

greatest fiscal  fraud that  has ever  been perpetrated  upon any

People at  any time  in the history of the world.  It is now time

for a shift in the wind.  Amen.


            Appellant's Opening Brief:  Page 47 of 50


                   (5)  Statement of the Case

     Appellant, a  Citizen of Minnesota state and expressly not a

federal citizen,  was indicted by a federal grand jury of federal

citizens on  two counts  of filing  a false  federal  income  tax

return, alleging violations of 26 U.S.C. 7206(1).

     Prior to  trial, Appellant  filed a proper and timely MOTION

TO STAY PROCEEDINGS, with the requisite verified statement.  This

MOTION was denied.  Appellant was then convicted on both counts.

     Appellant then  appealed to the 8th Circuit, but that appeal

was denied for lack of jurisdiction.

     Appellant then  retained new Counsel, who assisted Appellant

in submitting  requests under the Freedom of Information ("FOIA")

for the requisite credentials of government actors, and for other

relevant evidentiary documents, to confirm requisite authorities.

     Appellant also submitted a FINAL NOTICE AND DEMAND FOR PROOF

OF POWER,  STANDING, AND  JURISDICTION, IN  THE  PARTICULARS,  to

which all  government  actors  fell  silent.    At  that  moment,

Appellant testified  to their  default, petitioned the DCUS for a

warrant of  removal by a 3-judge panel, and sued these government

actors under the FOIA for their failure to exhibit credentials.

     Appellant also  requested the DCUS to adjudicate Appellant's

formal challenges to the voter registration practices, and to the

apportionment of congressional districts, within Minnesota state.

     Appellant was sentenced and incarcerated, despite government

attempts to bring the FOIA suit to the attention of the presiding

judge, who had already been named as a Respondent in that suit!

     Jurisdiction of  these two  cases was  transferred from  the

district courts  to this  honorable U.S.  Court of Appeals, which

now proceeds with full appellate review of all proceedings below.


            Appellant's Opening Brief:  Page 48 of 50


                    (6)  Summary of Argument

     The USDC  erred by denying both a motion to stay proceedings

and a  motion to  reconsider same.   Appellant's challenge to the

Jury Selection  and Service  Act had serious implications for the

legality of  the indicting  grand jury,  and the convicting petit

jury.  This challenge deserved final review before trial.

     Appellant was  also correct  to request  credentials of  all

government actors  who touched  the Criminal  Case,  under  FOIA.

Their total silence gave Appellant probable cause to presume that

the requisite  credentials did  not  exist,  and  to  remove  the

proceedings into  the DCUS,  in order  to  compel  production  of

documents improperly  withheld, and  to enjoin the withholding of

documents properly requested.  See 5 U.S.C. 552(a)(4)(B);  6:3.

     Mr. Rosenbaum  also committed  two serious  errors:  (1)  by

alleging to  preside over sentencing, and (2) by alleging to deny

Appellant's MOTION  FOR RELEASE  PENDING APPEAL, when an obvious,

adverse conflict of interest existed, violating 28 U.S.C. 455.

     Appellant's civil  case in  the DCUS  should be  allowed  to

proceed, to  obtain pivotal  declaratory relief  from a competent

and qualified  federal petit jury, concerning several substantive

questions of law and fact which arose in the record below.

     A three-judge  federal panel  presiding over the DCUS should

be convened,  enjoined from  issuing summary remands of the cases

back to the USDC, and mandated to proceed to trial on the merits.

     All of  Appellant's constitutional challenges should also be

decided finally  by this  honorable Court,  or the  U.S.  Supreme

Court, before  any further  proceedings occur in either the USDC,

or the DCUS, due to their obvious impact on matters to be decided

in those two forums.


            Appellant's Opening Brief:  Page 49 of 50


                      (7)  Proof of Service

I, Everett  C.  Gilbertson,  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):

                    APPELLANT'S OPENING BRIEF

by placing one true and correct copy of said document(s) in first

class U.S. Mail, with postage prepaid and properly addressed to:

Attorney General                   James M. Rosenbaum
Department of Justice              United States District Court
10th & Constitution, N.W.          110 South Fourth Street
Washington [zip code exempt]       Minneapolis [zip code exempt]
DISTRICT OF COLUMBIA               MINNESOTA STATE

Solicitor General                  Henry Shea
Department of Justice              United States Attorneys
10th & Constitution, N.W.          110 South Fourth Street
Washington [zip code exempt]       Minneapolis [zip code exempt]
DISTRICT OF COLUMBIA               MINNESOTA STATE

Courtesy copies to:

William H. Rehnquist, C.J.         Clarence Thomas, J.
U.S. Supreme Court                 U.S. Supreme Court
One First Street N.E.              One First Street N.E.
Washington [zip code exempt]       Washington [zip code exempt]
DISTRICT OF COLUMBIA               DISTRICT OF COLUMBIA

Paul Andrew Mitchell               Alex Kozinski (supervising)
Counselor at Law, federal witness  Ninth Circuit Court of Appeals
c/o 2509 N. Campbell Ave., #1776   125 S. Grand Avenue, Suite 200
Tucson [zip code exempt]           Pasadena [zip code exempt]
ARIZONA STATE                      CALIFORNIA STATE

[See USPS Publication 221 for addressing instructions.]


Dated:  __________________________________

/s/ Everett C. Gilbertson
__________________________________________
Everett C. Gilbertson, Sui Juris
Citizen of Minnesota state, federal witness
(expressly not a citizen of the United States)
All Rights Reserved without Prejudice


            Appellant's Opening Brief:  Page 50 of 50


                             #  #  #



Return to the Table of Contents for
U.S.A. vs. Gilbertson