Affidavit of Complaint Complaining Part: Dan Leslie, Meador Complaint against: H. Dale Cook, Senior Magistrate Judge Frank McCarthy, United States Magistrate Judge Sam Cook, United States Magistrate Judge Case identification: UNITED STATES OF AMERICA v. DAN LESLIE MEADOR Case No. 96-CR-113-C, United States District Court for the Northern District of Oklahoma Basis of complaints: All judicial officers are representative of an undisclosed foreign principal. All judicial officers extended authority beyond the scope of office & jurisdiction of the geographical United States. All judicial officers accommodated my mis-identification by way of a nomme de guerre in order to effect involuntary servitude, contrary to the Thirteenth Amendment. I filed complaints against Mr. Cook and Mr. Joyner with the office of the Oklahoma Attorney General, and via the Court Clerk for the Northern District of Oklahoma, attempted to file complaints concerning their conduct with regard to another case with the Federal grand jury in November 1995. Mr. Cook and Mr. Joyner subsequently participated in my prosecution with the cast of characters complaints were filed against. Mr. Joyner & Mr. McCarthy, aside from limiting consideration to that authorized by regulations under 18 U.S.C. § 3401, failed to affix personal jurats on warrants and other documents issued under their respective signatures, required by 28 U.S.C. § 638(c), thereby masking limits of their respective offices. Contrary to constraints imposed by Rule 5(c), F.R.Cr.P., and Local Rule 5.1B.3., Mr. Joyner entered a "not guilty" plea for me when I declined to enter a plea due to not having seen the affidavit of complaint and not being permitted to participate in the grand jury process to interview witnesses against me and call witnesses for my defense (see implications of Rule 6(a)(1), F.R.Cr.P.; common law forum preserved for grand jury investigation by exemption from Federal Rules of Evidence, Rule 1101). Mr. Joyner assigned standby court-appointed counsel when I declined service of court-appointed counsel, but more than simply assigning standby counsel, Mr. Joyner imposed the condition that I had to submit all motions entered in my defense for examination of standby counsel before filing in the court. This order clearly exceeded Mr. Joyner's authority and caused encumbrance in self-defense. 28 U.S.C. § 372(c) Judicial Complaint: Page 1 of 4 All three judicial officers extended reach beyond United States jurisdiction in Oklahoma without prerequisite extradition from Oklahoma to United States jurisdiction. Mr. Cook failed and refused to recuse himself when a motion for his recusal as an interested party was entered into record. I filed suit against the three judicial officers named in this complaint and others involved with the prosecution prior to trial, yet Mr. Cook continued to preside over the trial. Prior to trial, I filed numerous motions predicated on the character and jurisdiction of the Article IV United States District Court, the character and scope of Internal Revenue Service authority, etc. (the enclosed brief covers a range of defects), but Mr. Cook failed and refused to cause the prosecuting assistant U.S. Attorney to respond to substantive motions, and on the rare occasion he did (the assistant U.S. attorney expanded allegations of offense well beyond the face of the indictment, misrepresented the Constitution, and otherwise failed significant response), Mr. Cook did not construct written orders reflective of legal authorities, etc., but caused needless peril by merely making oral orders well beyond the point where I could seek remedies by appeal or other means. Mr. Cook has continued this practice in relation to post-trial motions filed in January 1997. Contrary to my Sixth Amendment right to self-representation with assistance of counsel, I was not permitted to directly participate in my own defense during the course of trail. Mr. Cook failed and refused to endorse a judicial contract which was premised on his Constitutional Oath of Office, prescribed in Title 5 of the United States Code, thereby securing my substantive due process rights (28 U.S.C. § 2072(b); Rule 86, F.R.Cv.P.). This complaint therefore alleges that Mr. Cook perjured his Constitutional Oath, which is prerequisite to holding offices of trust or profit. The three judicial officers conspired to the common end of effecting a bill of attainder against me via the Admiralty-Civil Law action in a court which is incompetent at law under the Article III § 2.1 "arising under" clause and the Fourth, Fifth, Sixth, and Seventh Amendments to the Constitution. As pertains to Mr. Joyner and Mr. Cook, both failed and refused to take mandatory judicial notice, per Rule 201(d), Federal Rules of Evidence. By their respective orders and actions, all three judicial officers caused and accommodated extension of Federal Law Enforcement Community authority beyond territorial bounds of the geographical United States. 28 U.S.C. § 372(c) Judicial Complaint: Page 2 of 4 Other Pending Actions: The Complaining Party and others filed a civil suit against the above-named judicial officers and others via the district court for Tulsa county, Oklahoma state, in January 1997. The case has been removed to the Article IV United States District Court, with jurisdiction now the object of contention (see case number #97-CV-33-H). More or less simultaneous with this complaint, the Complaining Party is filing an application for writ of habeas corpus with the Tenth Circuit Court of Appeals, sitting as an Article III court of the United States. Anticipated Actions: I anticipate filing a Writ of Quo Warranto against Mr. Cook, and criminal complaints against the three judicial officers named in this complaint, along with others, via the Attorney General of the United States and appropriate Oklahoma officials. Framework of Law & Support Documents Enclosed is a lengthy brief which provides a framework of law for considering the above complaints, an application for subpoena duces tecum to secure documentation to support and verify complaints set out above, and an affidavit of complaint accounting for events from approximately September 1995 to the present. These complaints are not based on conjecture. The character, jurisdiction, and extent of authority of the Internal Revenue Service in the continental United States are known; proper application of Internal Revenue Code taxing authority is known; and the character and jurisdiction of Article IV United States District Courts located in the Union of several States party to the Constitution are know. Where those asked to consider complaints against judicial officers are peers in that all are judicial officers of the United States, whether commissions issue from Article III or Article IV authority, consideration must be based on facts and law where complaints are predicated on "good behavior" criteria. These complaints address a core of common interest within the Federal judicial community. Both state and Federal judicial systems have accommodated, and shielded, Cooperative Federalism throughout the careers of most, if not all, currently active judicial officers. Consequently, it is impossible to know the extent to which any given man or woman serving in a judicial capacity understands the Cooperative Federalism scheme and how the extension of Federal authority to the several States party to the Constitution is effected under color of law. It is almost certain that only a 28 U.S.C. § 372(c) Judicial Complaint: Page 3 of 4 limited number knows for certain that the Internal Revenue Service is in fact an agency of the Department of the Treasury, Puerto Rico, and really understands Subtitles A & C of the Internal Revenue Code and attending regulations. The enclosed brief, which comprehensively addresses these matters, is distilled from a longer 100-page brief that fills in historical matter -- the longer brief is available on request. Documentation requested in the Application for Subpoena Duces Tecum is prescribed by law -- either it exists or it doesn't exist, thereby verifying whether or not actions of public officers have been within the scope of delegated authority and limits of the law. Where the instant matter is concerned, there is no reason to base decisions on constructive arguments as factual matter will prove or disprove lawful limits of authority and legitimacy of any given action. These complaints filed under 28 U.S.C. § 372(c) authority will test the mettle of those responsible for addressing judicial complaints: Either the "system" is capable of correcting itself, and peacefully restoring constitutional rule, or it isn't. Justice William O. Douglas might have contemplated the moment at hand: "As nightfall does not come at once, neither does oppression. In both instances there is a twilight when everything remains seemingly unchanged. And it is in such twilight that we all must be most aware of change in the air -- however slight -- lest we become unwitting victims of the darkness." Under penalties of perjury, I certify and attest that to the best of my current knowledge, understanding, and belief, all matters of law and fact addressed herein are accurate and true, so help me God. _____________________________________ _________________________ Dan Leslie, Meador Date Notary Public I certify that Dan Leslie, Meador, known to me, being sword and certified, signed this instrument above. _____________________________________ _________________________ Notary Public Date My commission expires: ______________________________________ 28 U.S.C. § 372(c) Judicial Complaint: Page 4 of 4 # # #
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