In the Tenth Circuit Court of Appeals, Sitting as an Article III court of the United States Dan Leslie, Meador, and ) Case No. _____________ ) Application for ) Writ of Habeas Corpus Wayne Richard, Gunwall, ) AUTHORITY: Art. I § 9.2; ) Art. III § 2.1 ) "arising under" clause; ) First Amendment; Plaintiffs, ) Fourth Amendment; ) Fifth Amendment; ) Sixth Amendment; ) Seventh Amendment v. ) Tenth Amendment; ) Rule of Necessity. ) ACTION AGAINST: 96-CR-82-C & Stephen C. Lewis, ) 96-CR-113-C, United States District Court, ) ) Northern District of Oklahoma. Defendant. ) ______________________________) Application for Writ of Habeas Corpus: Page 1 of 71 Table of Contents Table of Contents page 1 Index of Authorities by Section & Paragraph page 2 Appearance page 5 I. Law & Condition of Necessity page 6 II. Account of Events page 7 III. Certification of Fact Concerning Dan Leslie, Meador page 14 IV. Certification of Fact Concerning Wayne Richard, Gunwall page 15 V. Incompetence of the Court & Judicial Officers page 17 VI. Incapacity of Principal of Interest page 19 VII. Incapacity of the Complaining Party page 20 VIII. Operation Under Non-Existent, Color of Law page 21 IX. Subtitle A & C Taxes Mandadory Only For Government Employees page 22 X. Lack of General Application Regulations For Subtitle A & C Taxes & Alleged Offenses under Title 18 of the United States Code page 25 XI. Constitutional Insufficiency of Alleged Offenses page 28 XII. Jurisdictional Limits of Warrants & Federal Enforcement Personnel page 29 XIII. Defective Grand Jury Indictment page 31 XIV. Failure to Properly Secure Extradition page 32 XV. Misidentification of Parties page 35 XVI. Presumption of Nonresident Alien Status page 35 XVII. Absence of Taxing & Liability Statute page 37 XVIII.Paperwork Reduction Act Effects Estoppel page 38 XIX. Conclusion & Prayer for Relief page 41 List of Exhibits page 45 Notice of Service page 45 Application for Writ of Habeas Corpus: Page 2 of 71 Index of Authorities by Section & Paragraph Constitution of the United States Art. I § 8.6 XI.2 Art. I § 8.15 XI.4 Art. I § 8.17 XII.1 Art. I § 9.2 I.2 Art. I § 9.3 V.7 Art. I § 10.1 V.7 Art. III § 2.1 "arising under" clause I.2, III.6, IV.6, V.1, XIII.3 Art. III § 2.3 V.3, XI.3 Art. III § 3.2 XI.2 Art. IV § 3.2 IX.8, XI.1, XII.6, XII.7, XIV.1, XVI.2 Art. IV § 4 XI.4 Fourth Amendment I.2, III.6, IV.6, XIII.3 Fifth Amendment I.2, III.6, IV.6, XIII.3 Sixth Amendment I.2, III.6, IV.6, XIII.3 Seventh Amendment 1.2, III.6, IV.6, XIII.3 Tenth Amendment XI.5, XIV.6 Thirteenth Amendment XV.4, XIX.12 Fourteenth Amendment XI.2, XVI.2 Sixteenth Amendment IX.1 Application for Writ of Habeas Corpus: Page 3 of 71 Statutes at Large/1 Act July 1, 1862 VII.13 Internal Revenue Act of Nov. 23, 1921 IX.1 Public Salary Tax Act of 1939 IX.1 I.R.C. of 1939 IX.1 I.R.C. § 3401 III.9, III.10, IV.9, IV.10, IX.1, IX.8 I.R.C. § 6001 IX.5, XVIII.3, XVIII.4 I.R.C. § 6011 IX.3, XVIII.3, XVIII.4 I.R.C. § 6012 IX.3, XVIII.3, XVIII.4 I.R.C. § 6013 X.10 I.R.C. § 6017 X.10 I.R.C. § 6020 X.10 I.R.C. § 6021 X.10 I.R.C. § 6321 X.9, XIX.7 I.R.C. § 6331 X.9, XIX.7 I.R.C., Chapter 75 (§§ 7201-7344) X.8 I.R.C. § 7212 II.1, II.5 I.R.C. § 7216 X.8 I.R.C. § 7321 X.7 I.R.C. § 7323 X.6 I.R.C. § 7325 VI.6 I.R.C. § 7401 X.4 I.R.C. § 7402 X.5 I.R.C. § 7403 IX.12 I.R.C. § 7621 VII.6, VII.9, X.3 I.R.C. § 7701 III.11, VII.10, VII.11, IX.6, X.1, XVI.3, XIX.4 I.R.C. § 7801 X.3 I.R.C. § 7802 VII.13, X.3 I.R.C. § 7803 X.3 I.R.C. § 7804 IX.12 I.R.C. § 7805 VII.10, X.1 I.R.C. § 7806 VIII.2, VIII.5 I.R.C. § 7851 VIII.1, VIII.5, XVIII.4 ____________________ 1 Title 26 of the United States Code, known as the Internal Revenue Code, has never been enacted as positive law, as specified at section 7806; the Internal Revenue Code is Vol. 68A of the Statutes at Large, as amended in 1986 and since. Therefore, "IRC" will be construed as "Vol. 68A, Statutes at Large". Application for Writ of Habeas Corpus: Page 4 of 71 United States Code 3 U.S.C. § 301 VII.5, X.3 4 U.S.C. § 71 VII.1 4 U.S.C. § 72 VII.2, X.3 8 U.S.C. § 1101 XVI.3 18 U.S.C. § 2 IV.11, VI.1, X.12 18 U.S.C. § 7 I.1, III.13, IV.13, V.2, VI.3, X.11, XII.1, XII.3, XII.8, XIX.9 18 U.S.C. § 23 V.4 18 U.S.C. § 371 II.5, X.12 18 U.S.C. § 1341 II.5, X.12 18 U.S.C. § 1503 II.8, X.12 18 U.S.C. § 1504 II.8, X.12 18 U.S.C. § 3182 XIV.8 18 U.S.C. § 3231 V.3, XIX.2 18 U.S.C. § 3401 I.1, XII.8, XIX.2, XIX.9 18 U.S.C. § 3431 V.5 28 U.S.C. § 116 I.2, V.1 28 U.S.C. § 132 I.1, V.1 28 U.S.C. § 531 XII.6 28 U.S.C. § 535 XII.6 28 U.S.C. § 638 XII.8, XIX.9 28 U.S.C. § 1345 VI.2 28 U.S.C. § 1346 VI.3 28 U.S.C. § 1395 VIII.3 28 U.S.C. § 1396 VIII.4 28 U.S.C. § 1733 IX.11 28 U.S.C. § 1867 XIII.4, XIX.10 28 U.S.C. § 2072 XIII.3 31 U.S.C. § 301 VII.3, VII.4, VII.13, X.1 31 U.S.C. § 1321 VII.8 40 U.S.C. § 255 I.1, XII.2, XII.3, XIV.7, XIX.9 44 U.S.C. § 1501 et seq. X.1 44 U.S.C. § 1505 X.1, X.8 44 U.S.C. § 1510 X.2 44 U.S.C. § 3501 et seq. XVIII.1 48 U.S.C. § 874 VI.4 48 U.S.C. § 1406f VI.4 Federal Rules of Criminal Procedure Rule 1 V.2 Rule 4 XII.3 Rule 5 XII.9 Rule 6 XIII.1 Rule 9 II.5, XII.8 Rule 12 II.5 Rule 10 XII.9 Rule 27 IX.11 Rule 54 I.1, V.4, VI.5, V.6, XI.1 Rule 58 V.5 Federal Rules of Civil Procedure Rule 2 V.2 Rule 44 IX.11 Application for Writ of Habeas Corpus: Page 5 of 71 Federal Rules of Evidence Rule 201(d) I.4 Rule 1101 XIII.2 Code of Federal Regulations 1 CFR, Part 8.5 X.2 5 CFR, Part 1320 XVIII.1, XVIII.6, XVIII.8, XIX.15 26 CFR, Part 1.871 XVI.4, XIX.13 26 CFR, Part 1.1441-7 III.12, IV.12, IX.3, IX.8, IX.9, X.10, XVIII.4 26 CFR, Part 1.1461 IX.3, IX.6, XVIII.4 26 CFR, Part 1.6001 IX.5, XVIII.4 26 CFR, Part 31.3121(e)-1 III.7, III.8, IV.7, IV.8, X.11, XVI.1, XVI.5, XIX.13 26 CFR, Part 3402 IX.8 26 CFR, Part 31.3403 IX.8 26 CFR, Part 31.3404 IX.8, XVIII.4 26 CFR, Part 31.6001 IX.4, IX.5, XVIII.4 26 CFR, Part 31.6065 IX.10 26 CFR, Part 31.6402 IX.4, XVIII.4 26 CFR, Part 31.6413 IX.4 26 CFR, Part 301.6020 IX.9, IX.10 26 CFR, Part 301.6201 IX.7 26 CFR, Part 301.6203 IX.10 26 CFR, Part 301.6211 IX.8 26 CFR, Part 301.6212 IX.8 26 CFR, Part 301.7514 IX.11 26 CFR, Part 301.7621-1 VII.9, X.1, X.3 26 CFR, Part 403 III.13, X.6, kX.8 26 CFR, Part 601.106 IX.12 26 CFR, Part 601.401 IX.4, IX.6, XVIII.2, XVIII.4 27 CFR, Part 70 X.4, X.5, X.8, X.9, X.10 27 CFR, Part 72 X.6, X.8 27 CFR, Part 250.11 VII.8, XII.6 28 CFR, Part 0.49 VI.6 28 CFR, Part 0.64-1 IV.6 28 CFR, Part 60 XII.4 28 CFR, Part 65 XII.5 31 CFR, Part 0.216 VII.12 31 CFR, Part 0.301 VII.12 32 CFR, Part 1290.1 V.5 43 CFR, Part 9260.0-1 V.5 Parallel Table of Authorities & Rules (pp. 721 et seq., CFR Index) VII.9, X.2-X.12 Congressional Record House, March 27, 1943, p. 2580 IX.2 Executive Orders E.O. No. 10289 (1951, as amended) II.13, VII.6, VII.9, X.1 Application for Writ of Habeas Corpus: Page 6 of 71 Treasury Delegation Orders T.D.O. No. 150-29 (1953) VII.8, XII.6 T.D.O. No. 150-42 (1956, as amended by T.D.O. No. 150-01 of 1986) II.14, VII.7 T.D.O. No. 221 (1972) XII.6 State of Oklahoma Constitution & Statutes Constitution Article I § 1 III.5 22 O.S. §§ 221 et seq. XIV.3 22 O.S. § 221 XIV.4 22 O.S. § 222 XIV.4 22 O.S. §§1121 et seq. XIV.3 22 O.S. §§ 1123 XIV.5 22 O.S. §§ 1141.1 et seq. XIV.3 22 O.S. § 1141.10 XIV.5 78 O.S. § 12 I.12 Case Cites Alaska v. American Can Co., 358 U.S. 224, 79 S.Ct. 274 (1958) I.4 Application of Dandridge, 188 F.Supp. 278 (D.C.N.J., 1960) I.4 Balzac v. Porto Rico, (1922) 258 U.S. 298, 66 L.Ed. 627, 42 S.Ct. 343 VI.4, XIV.6 Dorr v. United States, (1904) 195 U.S. 138, 49 L.Ed. 128, 24 S.Ct. 808 VI.4, XIV.6 Downes v. Bidwell, (1901) 182 U.S. 244, 45 L.Ed. 1088, 21 S.Ct. 770 VI.4, XIV.6 Hassett v. Welch, 303 U.S. 303, 58 S.Ct. 559, 82 L.Ed. 858 XVII.2 Hooven & Allison Co. v. Evatt, (1945) 324 U.S. 652, 89 L.Ed. 1252, 65 S.Ct. 870 reh den 325 U.S. 892, 89 L.Ed. 2004, 65 S.Ct. 1198 VI.4, XIV.6 Lamar v. Micu, 114 U.S. 218, 5 S.Ct. 857 (1885) I.4 United States v. Community TV, Inc., 327 F.2d 797 (1964) XVII.2 United States v. Lanier, U.S. Supreme Court, Case. No. 95-1717, (March 31, 1997) II.17 United States of America v. Menk, 260 F.Supp. 784 (1966) XVII.2 Miscellaneous Authorities 80th Congress Senate Report No. 1559 VIII.3, VIII.4 Government Style Manual XV.3 Instruction Manual for 1040 Individual Federal Income Tax Return XVIII.3, XVIII.4 Internal Revenue Manual 1100 at 1111.2 [36 F.R. 849-890] XII.6 Ordinance of 1787: The Northwest Territorial Government, Article II I.3 Application for Writ of Habeas Corpus: Page 7 of 71 APPLICATION FOR WRIT OF HABEAS CORPUS Now come Dan Leslie, Meador (Plaintiff), as himself and next friend to and for Wayne Richard, Gunwall, both of whom are Citizens of Oklahoma, one of the several States party to the Constitution of the United States, non-citizen nationals of the geographical United States, as defined at 8 U.S.C. § 1101(a)(22)(B), and nonresident aliens of the geographical United States, as the term "United States" is defined at 26 CFR, Part 3121(e)-1(b) (see Oaths Purgatory). Plaintiff has constructed an affidavit of complaint detailing events leading to the Application for Writ of Habeas Corpus in order to reduce the body of the actual pleading. The affidavit of complaint is herewith incorporated in this Application for Writ of Habeas Corpus by reference. Causes in support of this Application for Writ of Habeas Corpus are as follows: I. Law & Condition of Necessity 1. This Application for Writ of Habeas Corpus is being filed in the Tenth Circuit Court of Appeals, sitting as an Article III court of the United States, primarily under the Rule of Necessity: Plaintiff alleges that since approximately October 1995, judicial officers who preside in the Article IV United States District Court for the Northern District of Oklahoma (28 U.S.C. § 132), seemingly in league with attorneys in the office of the United States Attorney for the Northern District of Oklahoma and attorneys in the United States Department of Justice, have avoided and refused to cause prosecuting attorneys to answer pleadings premised on proofs that the Internal Revenue Application for Writ of Habeas Corpus: Page 8 of 71 Service is an agency of the Department of the Treasury, Puerto Rico, which merely provides contract services to United States Government [sic], that the Internal Revenue Code vests authority in the Treasury Department rather than the Department of the Treasury, that authority of Article IV United States District Courts, being territorial courts of the United States, are limited to consideration of misdemeanor offenses prescribed by regulations implementing the United States Magistrate System (18 U.S.C. § 3401 & attending regulations; Rule 54(b)(4), F.R.Cr.P.), that United States jurisdiction in the Union of several States party to the Constitution of the United States is limited to territorial bounds prescribed at 18 U.S.C. § 7(3), that United States jurisdiction in the Union of several States must be documented in accordance with provisions of 40 U.S.C. § 255 and State cession laws, and other particulars addressed in this Application for Writ of Habeas Corpus. 2. Plaintiff alleges that persistent accommodation by judicial officers employed in and by the Article IV United States District Court, and/or the Article III district court of the United States for the Northern District of Oklahoma (28 U.S.C. § 116(a)), makes it impossible to secure substantive due process of law, as contemplated by the "arising under" clause at Article III § 2.1 and the Fourth, Fifth, Sixth, and Seventh Articles of Amendment to the Constitution of the United States, in courts of the United States located in the Northern District of Oklahoma. Therefore, this Application for Writ of Habeas Corpus is being directed to the Tenth Circuit Court of Appeals under authority of the Article III § 2.1 "arising under" clause, Article I § 9.2, and the Fourth, Fifth, Sixth, Seventh, and Tenth Articles of Amendment to the Constitution of the United States, which is the law of the land in Oklahoma (Art. I § 1, Constitution of the State of Oklahoma), and the Rule of Necessity. Application for Writ of Habeas Corpus: Page 9 of 71 3. Common law indigenous to the Oklahoma republic is herewith adopted as governing law, and under conflict of law doctrine, which is articulated at § 12 of Title 78, Oklahoma Statutes, and numerous Federal court decisions, and as assured in the Ordinance of 1787: The Northwest Territorial Government, Article II, as adopted by Congress (see Vol. 1, United States Code, 1994 Government Printing Office edition, "The Organic Laws of the United States of America", pp. LI et seq.), substantive due process will be construed as due process contemplated by English-American common law as is consistent with applicable constitutions, and statutory provisions which are in derogation thereof must yield or fall. Judicial officers of the Tenth Circuit Court of Appeals will also be cognizant that 28 U.S.C. § 2072(b) stipulates that rules promulgated by the Supreme Court of the United States, which include appellate rules, "... shall not abridge, enlarge or modify any substantive right ...." 4. Plaintiffs particularly request and demand that the judicial officer or officers who consider this Application for Writ of Habeas Corpus take mandatory judicial notice, per Rule 201(d), Federal Rules of Evidence, of the Constitution of the United States, Statutes at Large, statutory authority of the United States Code, the Code of Federal Regulations and ancillaries, the Federal Register, Executive Orders, and delegations of authority issued for implementation thereof, the Application for Writ of Habeas Corpus: Page 10 of 71 Congressional Record, and the Constitution and laws of the State of Oklahoma (Federal courts must take judicial notice of the Constitution, statutes of the United States, including legislative history, per Alaska v. American Can Co., 358 U.S. 224, 79 S.Ct. 274 (1958), treaties, contents of the Federal Register and other administrative regulations, and laws of each state, per Lamar v. Micou, 114 U.S. 218, 5 S.Ct. 857 (1885), & Application of Dandridge, 188 F.Supp. 278 (D.C.N.J., 1960)). II. Account of Events/2 1. Plaintiff Wayne Richard, Gunwall was charged in a grand jury indictment from the United States District Court for the Western District of Oklahoma along with Kenney F. Moore and Colleen Moore, both of Bartlesville, Oklahoma, in October 1995. The core charge was interference with administration of internal revenue laws of the United States, Internal Revenue Code § 7212(a) (IRC)./3 At that time, Dan Leslie, Meador of Ponca City, Oklahoma, was recruited to provide assistance with defense ____________________ 2 The account of events in this section is a brief summary. See affidavits of complaint for details. 3 It is significant, but not addressed in this Application for Writ of Habeas Corpus, that the Tax Division of the Department of Justice is expressly prohibited from prosecution under IRC § 7212 (28 CFR, Part 0.70). By default, prosecution of § 7212 falls to the Criminal Division (28 U.S.C. § 0.55). The Criminal Division has jurisdiction only over customs laws enforcement (narcotics and related substances), alcohol, tobacco, firearms, explosive, etc. IRS prosecution of this statute is under authority for enforcement of drug laws in United States maritime jurisdiction under 26 CFR, Part 403, with exit from the Internal Revenue Code at § 7327. Thus, there are two presumptions in all IRS-initiated criminal prosecutions and seizures: (1) whomever has property seized under maritime laws is somehow involved with drug trade in United States maritime jurisdiction, and (2) a crime against the customs laws relating to drug trade has been committed. Application for Writ of Habeas Corpus: Page 11 of 71 pleadings as Plaintiff Dan Leslie, Meador had certain knowledge concerning the character of the Internal Revenue Service and application of Internal Revenue Code taxing authority. Motions disclosing that the Internal Revenue Service is an agency of the Department of the Treasury, Puerto Rico, and that no taxing statute in the Internal Revenue Code reaches the Union of several States party to the Constitution were entered into record for the three defendants, Wayne Richard, Gunwall, Kenney F. Moore, and Colleen Moore. 2. At about the same time, several people from rural Western Oklahoma and Oklahoma City were summoned to testify to a Federal grand jury convened under authority of the United States District Court for the Northern District of Oklahoma, Tulsa. The people at first refused to testify, but changed their minds, and as part of their testimony, compiled a box of materials covering a range of subjects which address the evolution of Cooperative Federalism since approximately the Civil War. The witnesses summoned to testify to the Federal grand jury asked Plaintiff Dan Leslie, Meador to provide research pertaining to the character of the Internal Revenue Service, proper application of Internal Revenue Code taxing authority, etc., and construct a cover letter. Included in the letter were complaints concerning conduct of the Moore-Gunwall case, with H. Dale Cook, Senior Magistrate Judge of the United States District Court, Neal B. Kirkpatrick, the Assistant United States Attorney responsible for prosecuting the case, Tracy Foster, an inspector with the Internal Revenue Service, and others. Darrell Frech of Jet, Oklahoma, one of the four people who voluntarily appeared to testify, gave the box of material to the grand jury foreman in the presence of Mr. Kirkpatrick. Application for Writ of Habeas Corpus: Page 12 of 71 3. Mr. Kirkpatrick, the prosecuting Assistant United States Attorney, failed to respond to averments set out in defense pleadings, and Mr. Cook, presiding as Senior Magistrate Judge in the Article IV United States District Court, accommodated the lack of response without establishing jurisdiction of the court or otherwise proving law governing the case. As it appeared there was no remedy via the court, Plaintiff Dan Leslie, Meador constructed letters of complaint which again named Mr. Kirkpatrick, Mr. Cook, Ms. Foster and others. Complaints were sent to the office of the Oklahoma Attorney General, W. A. Drew Edmondson, and to the grand jury foreman of the Federal grand jury thought to be sitting at Tulsa. Complaints directed to attention of the grand jury foreman was sent in care of the Court Clerk for courts of the United States, Northern District of Oklahoma. The United States Attorney also received a copy of the complaints and support material. 4. The Meador complaints sent in care of the Court Clerk for the Northern District of Oklahoma was received by the Court Clerk on a Friday. The following Monday, Mr. Kirkpatrick entered a motion to dismiss the first Moore-Gunwall case, then on or about Nov. 27, 1995 Mr. Cook signed an order to dismiss the 1995 Moore-Gunwall case. The Kirkpatrick motion to dismiss did not state a reason, nor did Mr. Cook's order reflect a reason for the dismissal. Application for Writ of Habeas Corpus: Page 13 of 71 5. In July 1996, another grand jury indictment was issued against Mr. Gunwall and the Moores (#96-CR-82-C), for alleged offenses including interference with administration of internal revenue laws (IRC § 7212(a)), principals (19 U.S.C. § 2), conspiracy (18 U.S.C. § 371), and mail fraud (18 U.S.C. § 1341)/4. Charges against Mr. Gunwall remained the same, mail fraud charges against the Moores were new. Subsequent to receipt of summonses and indictments, Mr. Gunwall and the Moores again consulted with Mr. Meador concerning defense. Collectively, Mr. Gunwall, Mr. Meador, and the Moores settled on a form of pleading developed by a David Miller of Minnesota, the pleading styled as a "refusal for fraud", issued primarily under authority of Rules 9 & 12, F.R.Cr.P. Mr. Meador assisted the Moores, and Mr. Gunwall constructed a similar but different "refusal for cause" or "refusal for fraud" pleading. Mr. Meador had found that both Oklahoma law and Federal law preserve the unqualified Sixth Amendment right to choice of counsel, and statutes and court rules of both Oklahoma and the United States acknowledge "counsel" as distinctive from "attorney". Mr. Meador signed onto the Moore pleading as "counsel", attaching a notice of intent to represent, Moore powers of attorney, and a brief in support to the pleading as exhibits accompanying the Moore refusal instrument. ____________________ 4 Although "mail fraud" is not specifically addressed in this pleading, as the mail fraud charges were not issued against Mr. Gunwall, it will be found that via E.O. No. 10289 (1951, as amended several times since), the President authorized the Secretary of the Treasury and the Postmaster General to prosecute mail-related offenses, but only pertaining to United States Government employees, not the general public. This is the only delegation to the Secretary relating to mail offenses, so where the Internal Revenue Service is the complaining party, the complaint cannot exceed delegation from the President to the Secretary under provisions of 3 U.S.C. § 301. Reference 26 CFR, Part 301.7621 to see that E.O. No. 10289 is the only Executive Order which confers authority to the Secretary relating to internal revenue laws, the Anti-Smuggling Act, postal regulations, and other matters, including establishment of internal revenue districts. The matter is treated at length infra. Application for Writ of Habeas Corpus: Page 14 of 71 6. Mr. Gunwall and the Moores elected not to answer summonses from the United States District Court. Subsequently, Mr. Gunwall was arrested by Federal Bureau of Investigation agents, and possibly Internal Revenue Service officers, in the parking lot outside the Wal-Mart store in Ponca City, Oklahoma. The Moores were contacted by telephone and subsequently surrendered. The Moores were released on bond following arraignment, but Mr. Gunwall was held over for several days before bond was set and he was finally released. 7. In August, Plaintiff Dan Leslie, Meador received a summons and indictment from the office of the Court Clerk for the United States District Court for the Northern District of Oklahoma by mail. Plaintiff responded with various pleadings, but elected not to answer the summons. Plaintiff subsequently arranged to surrender to the chief deputy U.S. Marshal, was arraigned before United States magistrate judge Sam Joyner, and was released on bond. In all instances, Article IV United States magistrate judges (national park commissioners) entered "not guilty" pleas in spite of the Moores, Mr. Gunwall, and Mr. Meador declining to enter pleas, mandated that all four report to Federal probation officers, assigned standby counsel, and where Mr. Gunwall and Mr. Meador were concerned, imposed the requirement that they submit pleadings to court-assigned standby counsel prior to entering pleadings in record/5. Senior ____________________ 5 Rule 5, F.R.Cr.P. clearly prohibits United States magistrate judges from calling on defendants to plead in any case where the U.S. magistrate judge is not qualified to try the case. Under Local Criminal Rule 5.1B.3., N.D. of Okla., permits Application for Writ of Habeas Corpus: Page 15 of 71 Magistrate Judge Cook eventually lifted the screening requirement from Mr. Meador, but Mr. Gunwall is still required to submit material through a court-appointed attorney. 8. The Meador indictment was on two counts of communicating with a grand jury in writing (18 U.S.C. § 1504), and one count of interfering with administration of justice (18 U.S.C. § 1503). 9. The Moores, Mr. Gunwall and Mr. Meador continued to enter motions to dismiss, evidence of law and other documentation, etc., including motions for declaratory judgment concerning the Sixth Amendment right to choice of counsel and the practice of law as a common law profession. In both cases, Assistant U.S. Attorney Kirkpatrick failed to prove jurisdiction in record, avoided matters concerning the need to establish authority and application of law, et al., and Mr. Cook continued to accommodate, failing and refusing to require Mr. Kirkpatrick to produce necessary documentation, and failing and refusing to enter written decisions pertaining to motions entered by the Moores, Mr. Gunwall, and Mr. Meador. ____________________________________________________________ U.S. magistrate judges to accept "not guilty" pleas, but does not authorize them to enter a plea where a defendant declines entering a plea. There certainly isn't any authorization either in the Federal Rules of Criminal Procedure or Local Rules for the Northern District of Oklahoma which authorized U.S. magistrate judges to appoint standby counsel when defendants in felony cases when they decline appointment of counsel, and imposing orders which prevent people from filing petitions in their own defense without review by someone else, or, as is the case for Mr. Gunwall, imposing restrictions against filing material in other courts amounts to abridgment of First Amendment rights. Yet because of conditions imposed by the U.S. magistrate judge on Mr. Gunwall, Mr. Gunwall fears reprisal and incarceration if he were to sign Oath Purgatory included in this document, or signs on his own behalf as Plaintiff. Application for Writ of Habeas Corpus: Page 16 of 71 10. It is relevant that complaints were filed via the office of the Oklahoma Attorney General, and with the Federal grand jury foreman (the grand jury never saw either complaint) against Mr. Cook, Mr. Kirkpatrick, Mr. Joyner, Ms. Foster and others. This same cast of characters prosecuted both the 1996 Moore-Gunwall case and the Meador case. 11. Mr. Cook and Mr. Kirkpatrick failed and refused to recuse themselves from the Meador case even though they were obviously interested parties, and Plaintiff filed a motion for them to recuse themselves. As it became increasingly evident that the consortium involved with the case had no intention of following court rules concerning pleadings, and were determined to ignore law which was clearly entered into pleading, the Moores, Mr. Gunwall, and Mr. Meador filed a civil suit against Mr. Cook, Mr. Kirkpatrick, the United States Attorney, Stephen C. Lewis, United States magistrate judges, and Ms. Foster. However, despite being served prior to jury selection commencing, Mr. Kirkpatrick, et al, continued with prosecution. 12. The Moores elected to plea bargain when Mr. Kirkpatrick offered what appeared to be a favorable offer. Mr. Gunwall, under the impression of entering a plea to a misdemeanor offense, also plea bargained, feeling prospects for securing substantive due process via the Admiralty-Civil Law Article IV United States District Court was somewhere between slim and none. Plaintiff elected to go through the trial process. In order to avoid difficulties in the court, Plaintiff accepted assistance of court-appointed counsel. Counsel for Plaintiff, without consulting with him, elected not to put on a defense when the Government [sic] rested. Plaintiff was found guilty on all three charges. Application for Writ of Habeas Corpus: Page 17 of 71 13. It is material and essential to this Application for Writ of Habeas Corpus that Tracy Foster, Inspector for the Internal Revenue Service, was the Government's [sic] key witness at the Meador trial. During the course of testimony, Ms. Foster, in her capacity as Inspector for the Internal Revenue Service, claimed responsibility for (1) prosecution of both Moore-Gunwall cases (1995 & 1996), (2) the November 1995 grand jury investigation of "common law courts" in Oklahoma, (3) arrest of Wayne Richard, Gunwall in the parking lot outside the Wal-Mart store in the community of Ponca City, Oklahoma state (privately owned land), and (4) prosecution of the Meador case. Therefore, the Article IV United States District Court of necessity must be imposing jurisdictional authority of the Internal Revenue Service, an agency of the Department of the Treasury, Puerto Rico, which so far as police powers are concerned operates exclusively under authority of E.O. No. 10289 (1951), within jurisdiction conveyed from the Secretary to the Commissioner of Internal Revenue via T.D.O. No. 150-42, as amended in 1986 via T.D.O. No. 150-01. 14. Following trial, Plaintiff entered four motions: (1) to resume his own defense, entering evidence that court-appointed counsel had not asked Meador-prepared questions of Government [sic] witnesses, had failed to explore certain Government [sic] evidence, had failed to enter evidence supplied by Plaintiff, and had failed to call witnesses who were at the court and available to testify; (2) to acquit due to the Government [sic] failing to prove a crime; (3) to arrest judgment due to lack of jurisdiction and related matters; and, (4) for new trial due to prejudicial jury instructions and incompetence of court-appointed counsel. Application for Writ of Habeas Corpus: Page 18 of 71 15. In the meantime, Mr. Gunwall has been unable to secure cooperation from the court-appointed attorney he must screen all pleadings through. This has created an untenable situation which leaves him without a remedy via the United States District Court for the Northern District of Oklahoma unless he is willing to risk revocation of bail for filing an Application for Writ of Habeas Corpus or other initiative on his own behalf. 16. As was the case prior to the Meador trial, Mr. Cook has failed to enter written rulings on motions, and in fact, when Plaintiff secured a letter of authorization to subpoena certain information pertaining to Dr. Moore from Internal Revenue Service principals, which Plaintiff believes would document fraud, someone from the office of the United States Attorney contacted the court-appointed attorney representing Dr. Moore and apparently issued threats of increased incarceration for Dr. Moore if the authorization was not withdrawn. The court- appointed attorney, Stephen Knorr, wrote a letter to Plaintiff effecting a revocation of the Moore authorization, so Plaintiff had to alter an application for subpoenas duces tecum due. This blatant interference with efforts to secure evidence, tolerated by Mr. Cook over the course of time, makes it impossible to pursue justice vial judicial officers at the United States District Court for the Northern District of Oklahoma. Application for Writ of Habeas Corpus: Page 19 of 71 17. It is passing relevant to matters at hand that Mr. Gunwall merely provided assistance to the Moores with such things as helping them wade through procedure when the Moores filed non- statutory liens against certain Internal Revenue Service principals, and that Plaintiff simply filed complaints and assisted with filing what amounted to a motion to dismiss for the Moores. Alleged offenses are hardly cognizable under statutes for which crimes were charges (see criteria set out by the Supreme Court of the United States, United States v. Lanier, Case No. #95-1717, March 31, 1997). However, the scope of the "victimless crime" offenses and whether or not statutes are cognizable of alleged offenses by Plaintiff and Mr. Gunwall are beyond the scope of the instant matter. 18. At present, Plaintiff and Mr. Gunwall have not been sentenced. They are, however, under bond and supervision of Federal probation officers. Since Mr. Cook is demonstrating the same pattern of non-response as prior to pleas by the Moores and Mr. Gunwall and trial of Plaintiff, it is obvious that he will hold the course to impose sentences without response to pleadings, requirements for Mr. Kirkpatrick to enter evidence of jurisdiction, etc. Therefore, this matter comes before the Tenth Circuit Court of Appeals, sitting as an Article III court of the United States, under the Rule of Necessity. III. Certification of Fact Concerning Dan Leslie Meador Oath Purgatory I, Dan Leslie, Meador, known as Dan Meador, certify that the following is true and correct, to the best of my current knowledge, understanding and belief: 1. My Christian and family names are Dan Leslie, Meador, spelled with the first letter of each capitalized and the rest of each spelled with lower case letters; Application for Writ of Habeas Corpus: Page 20 of 71 2. I am a natural-born, living, moral being endowed by my Creator, the God of Abraham, Isaac, Jacob, and the Lord Jesus Christ, with certain unalienable rights, among them being rights to life, liberty and the pursuit of happiness; 3. I am a native of Kansas, one of the Union states party to the Constitution for the united States of America; 4. I live and have abode on privately owned land in the county of Kay, Oklahoma state, which is also a Union state party to the Constitution for the united States of America; 5. The Constitution of the United States [sic] is the law of the land in Oklahoma (Art. I § 1, Constitution for the State of Oklahoma); 6. The Constitution for the united States of America secures certain rights which I am by heritage assured of as being in the lineage and Posterity of American Founders, among those being the right to substantive due process of law, as contemplated by the "arising under" clause at Article III, Sec. 2, Cl. 1 and the Fourth, Fifth, Sixth, and Seventh Articles of Amendment to the Constitution for the united States of America, said substantive due process being according to rules of English- American common law as it existed in the Union of several states party to the Constitution in 1789; 7. I am not a citizen of the geographical United States, as the term "United States" is defined at 26 CFR, Part 31.3121(e)-1(b); 8. I do not now reside and have not resided in the geographical United States, as the term "United States" is defined at 26 CFR, Part 31.3121(e)-1(b); Application for Writ of Habeas Corpus: Page 21 of 71 9. I am not an "employee", as the term is defined at Internal Revenue Code ("IRC") § 3401(c); 10. I am not an "employer", as the term is defined at IRC § 3401(d); 11. I am not engaged in United States trade or business, as the term "trade or business" is defined at IRC § 7701(a)(26); 12. I am not a "withholding agent", as the term is defined at 26 CFR, Part 1.1441-7(a); 13. I am not now nor have I ever been involved in trade or other activity in United States special territorial and maritime jurisdiction (18 U.S.C. § 7) subject to Internal Revenue Service customs law administration and enforcement authority (26 CFR, Part 403); 14. I am not now and have never been engaged in enterprise in the geographical United States subject to IRC Subtitle D & E taxing authority. Having been subscribed and sworn, I attest under penalty of perjury that the above is, to the best of my current understanding, knowledge and belief, TRUE, CORRECT and COMPLETE, so help me God. /s/ Dan Leslie Meador _______________________________________ Dan Leslie, Meador Application for Writ of Habeas Corpus: Page 22 of 71 On this _____ day of _________________________, 1997, before me, a notary public in and for said State, personally appeared Dan Leslie, Meador, known to me to be a person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. S _________________________________________ E Notary Public A L Commission expires: ________________________ Application for Writ of Habeas Corpus: Page 23 of 71 IV. Certification of Fact Concerning Wayne Richard, Gunwall Oath Purgatory/6 I, Wayne Richard., Gunwall known as Wayne Gunwall, certify that the following is true and correct, to the best of my current knowledge, understanding and belief: 1. My Christian and family names Wayne Richard., Gunwall, that is capital "W", lower case "ayne", Richard, capital "R", lower case "ichard", and that the family name is Gunwall, Capital "G", lower case "unwall". 2. I am a natural-born, living, moral being endowed by my Creator, the God of Abraham, Isaac, Jacob, and the Lord Jesus Christ, with certain unalienable rights, among them being rights to life, liberty and the pursuit of happiness; 3. I am a native of North Dakota, one of the Union states party to the Constitution for the united States of America; 4. I live and have abode on privately owned land in the county of Kay, Oklahoma state, which is also a Union state party to the Constitution for the united States of America; 5. The Constitution of the United States [sic] is the law of the land in Oklahoma (Art. I § 1, Constitution for the State of Oklahoma); 6. The Constitution for the united States of America secures certain rights which I am by heritage assured of as being in the lineage and Posterity of American Founders, among those being the right to substantive due process of law, as contemplated by the "arising under" clause at Article III, Sec. 2, Cl. 1 and the Fourth, Fifth, Sixth, and Seventh Articles of Amendment to the Constitution for the united States of America, said substantive due process being according to rules of English- American common law as it existed in the Union of several states party to the Constitution in 1789; ____________________ 6 Signature withheld under threat, duress & coercion. Application for Writ of Habeas Corpus: Page 24 of 71 7. I am not a citizen of the geographical United States, as the term "United States" is defined at 26 CFR, Part 31.3121(3)-1(b); 8. I do not now resident and have not resided in the geographical United States, as the term "United States" is defined at 26 CFR, Part 31.3121-(e)-1(b); 9. I am not an "employee", as the term is defined at Internal Revenue Code ("IRC") § 3401(c); 10. I am not an "employer", as the term is defined at IRC § 3401(d); 11. I am not engaged in United States trade or business, as the term "trade or business" is defined at IRC § 7701(a)(26); 12. I am not a "withholding agent", as the term is defined at 26 CFR, Part 1.1441-7(a); 13. I am not now nor have I ever been involved in trade or other activity in United States special territorial and maritime jurisdiction (18 U.S.C. § 7) subject to Internal Revenue Service customs law administration and enforcement authority (26 CFR, Part 403); 14. I am not now and have never been engaged in enterprise in the geographical United States subject to IRC Subtitle D & E taxing authority. Application for Writ of Habeas Corpus: Page 25 of 71 Having been subscribed and sworn, I attest under penalty of perjury that the above is, to the best of my current understanding, knowledge and belief, TRUE, CORRECT and COMPLETE, so help me God. (signature withheld) _______________________________________ Wayne Richard., Gunwall On this _____ day of _________________________, 1997, before me, a notary public in and for said State, personally appeared Wayne Richard., Gunwall, known to me to be a person whose name is subscribed to the within instrument, and acknowledged to me that he executed the same. S _________________________________________ E Notary Public A L Commission expires: ________________________ Application for Writ of Habeas Corpus: Page 26 of 71 V. Incompetence of the Court & Judicial Officers Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: 1. The UNITED STATES DISTRICT COURT for the NORTHERN DISTRICT OF OKLAHOMA (28 U.S.C. § 132) is an Article IV territorial court of the United States, it is not the "district court of the United States" (28 U.S.C. § 116(a)) vested with Article III "arising under" clause capacity and authority at Section 2, Cl. 1 of the Constitution (Article III § 2.1) , the "district court of the United States" alone being competent at law and equity under authority of the Constitution, laws of the United States, and treaties made thereunder, exclusive of the Article IV United States District Court; 2. The United States District Court operates solely under admiralty-Civil Law rules (Rule 2, F.R.Cv.P.; Rule 1, F.R.Cr.P.), said rules, even for the Article III district court of the United States, applicable only in United States special territorial and maritime jurisdiction (18 U.S.C. § 7); 3. Original jurisdiction for prosecution of felony crimes committed in United States jurisdiction (18 U.S.C. § 7) is vested in "district courts of the United States" (18 U.S.C. § 3231), exclusive of courts of the [Federal] States (first sentence of § 3231), but said jurisdiction does not infringe on or impair original jurisdiction of courts of the several States party to the Constitution under the laws thereof (second sentence of § 3231; Art. III § 2.3, Constitution of the United States); Application for Writ of Habeas Corpus: Page 27 of 71 4. Article IV United States District Courts, being legislative-statutory courts, must receive authority by statute, and the United States District Courts authorized by statute to prosecute felony offenses against the United States, as defined in Title 18 of the United States Code, are the District Court of Guam, the District Court for the Northern Mariana Islands, and the District Court of the Virgin Islands (18 U.S.C. § 23), with Article IV courts of the United States acknowledged and affirmed at Rule 54(a), F.R.Cr.P., as being the United States District Court for the District of Guam, the District Court for the Northern Mariana Islands, the District Court for the Virgin Islands, and conditionally, the District of the Canal Zone. There is no corresponding statutory authority for Article IV United States District Courts located in the several States party to the Constitution; 5. Article IV United States District Courts located in the several States party to the Constitution, which have concurrent jurisdiction with Article III district courts of the United States (28 U.S.C. §§ 81-131), are authorized under 18 U.S.C. § 3401 to hear and prosecute only misdemeanor offenses under regulations promulgated by the Defense Logistics Agency for the Department of Defense, relating to military installations (32 CFR, Part 1290.1 et seq.), and the Bureau of Land Management, relating to national parks, forests, etc., under United States jurisdiction (43 CFR, Part 9260.0-1). Per Rule 54(b)(4), F.R.Cr.P., proceedings of the Federal Magistrate System within the Union of several States, where United States magistrate judges are permitted to preside (formerly national park commissioners), are governed by Rule 58, F.R.Cr.P; Application for Writ of Habeas Corpus: Page 28 of 71 6. When hearing cases initiated through the Article IV United States Magistrate System (United States District Court), all judicial officers of the United States, from the United States magistrate judge (formerly designated as national park commissioners) through justices of the United States Supreme Court, operate as magistrates in Article IV legislative- ministerial rather than Article III judicial capacity (Rule 54(c) Applications, F.R.Cr.P.); 7. The Article IV United States District Court may not deprive the sovereign American people, Citizens of the Union of several States party to the Constitution, of life, liberty or property (Fifth Article of Amendment, Constitution of the United States), without effecting bills of attainder, prohibited at Article I §§ 9.3 & 10.1 of the Constitution of the United States. VI. Incapacity of Principal of Interest Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: 1. At 18 U.S.C. § 2, a "principal" who may be prosecuted in courts of the United States is designated as being, "Whoever commits an offense against the United States ...." 2. At 28 U.S.C. § 1345, Article III "district courts of the United States" are authorized to hear suits or proceedings, "... commenced by the United States ...." 3. At 28 U.S.C. § 1346, Article III district court of the United States are authorized to hear any "... civil action against the United States ...." Application for Writ of Habeas Corpus: Page 29 of 71 4. The Constitution for the united States of America vests authority in a governmental agency identified and stipulated as the "United States", not the "United States of America". The entity, "UNITED STATES OF AMERICA", being a political coalition or compact of United States territories and insular possessions, quasi-interdependent commonwealths, and United Nations trust territories, is known as the UNITED STATES OF AMERICA, with said territories, insular possessions, commonwealths, trust territories, etc., which are not incorporated as integral parts of the United States (Downes v. Bidwell (1901) 182 U.S. 244, 45 L.Ed. 1088, 21 S.Ct. 770; Dorr v. United States (1904) 195 U.S. 138, 49 L.Ed. 128, 24 S.Ct. 808, Balzac v. Porto Rico (1922) 258 U.S. 298, 66 L.Ed. 627, 42 S.Ct. 343; Hooven & Allison Co. v. Evatt (1945) 324 U.S. 652, 89 L.Ed. 1252, 65 S.Ct. 870, reh den 325 U.S. 892, 89 L.Ed. 2004, 65 S.Ct. 1198), subject to authority of the President in his capacity as Commander-In-Chief of the military in the name of the UNITED STATES OF AMERICA (see 48 U.S.C. §§ 874 & 1406f); 5. In the alternative, the "UNITED STATES OF AMERICA" serves as nominee for an unidentified foreign principal, the "Central Authority" or the "Competent Authority" (28 CFR, Part 0.49 or 0.64-1); 6. The "UNITED STATES OF AMERICA" is not authorized as plaintiff or defendant under provisions of titles 18 or 28 of the United States Code, or § 7325 of the Internal Revenue Code of 1954 (Vol. 68A, Statutes at Large; hereafter, IRC), as amended in 1986 and since. VII. Incapacity of the Complaining Party Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: Application for Writ of Habeas Corpus: Page 30 of 71 1. The seat of United States Government is established within the current territorial borders of the District of Columbia (4 U.S.C. § 71); 2. All Departments of United States Government are required to have special law before operating outside the District of Columbia (4 U.S.C. § 72); 3. The Department of the Treasury is an executive department of the United States Government (31 U.S.C. § 301); 4. The Internal Revenue Service is not an agency of the Department of the Treasury (31 U.S.C. §§ 301-310); 5. The President is required to delegate authority to departments and department heads in the executive branch of government (3 U.S.C. § 301); 6. The President delegated authority to the Secretary of the Treasury by way of Executive Order No. 10289 (1951, as amended), with the delegation conveying authority to administer and enforce United States customs laws, including customs laws relating to narcotics and related commodities, enforce the anti- smuggling act, and through various amendments to the order, to establish revenue districts (current IRC § 7621); 7. The Secretary delegated authority to the Commissioner of Internal Revenue via T.D.O. #150-42 (1956, as amended in 1986 via T.D.O. #150-01), and simultaneously moved district and regional customs offices from Jacksonville, Florida, Atlanta, Georgia, Lower Manhattan, and New York City, New York, to off-shore administration under authority of the Department of the Treasury, Puerto Rico; Application for Writ of Habeas Corpus: Page 31 of 71 8. The Internal Revenue Service, by virtue of a name change (T.D.O. #150-29 (1953)), is successor of the Bureau of Internal Revenue, Puerto Rico, operating out of, or in conjunction with, Puerto Rico Trust #62 (Internal Revenue) (31 U.S.C. § 1321; see definitions at 27 CFR, Part 250.11); 9. The only delegation from the President to the Secretary of the Treasury for administration of United States revenue laws, and for establishing internal revenue districts, is E.O. #10289 (see confirmation at 26 CFR, Part 301.7621-1), which does not reach the Union of several States party to the Constitution (no implementing regulations for IRC § 7621; see Parallel Table of Authorities and Rules, located in the Index volume to the Code of Federal Regulations); 10. The Internal Revenue Code vests authority within the continental United States in the Treasury Department, not the Department of the Treasury (IRC §§ 7701(a)(12)(A) & 7805(a)); 11. The Internal Revenue Service, being an agency of the Department of the Treasury, Puerto Rico, may administer and enforce taxes prescribed in Internal Revenue Code, Chapters 1, 2 & 21, only in United States off-shore territories and possessions (IRC § 7701(a)(12)(B)), there is no authority vested by the Internal Revenue Code of 1954 for the Internal Revenue Service, as an agency of the Department of the Treasury, Puerto Rico, to administer and enforce Subtitles A & C of the Internal Revenue Code of 1954, as amended in 1986 and since; Application for Writ of Habeas Corpus: Page 32 of 71 12. The Internal Revenue Service works on contract in the continental United States to design, develop, operate and maintain systems of records and maintain records relating to United States Government internal revenue collections (31 CFR, Part 0.216), and IRS employees may serve for up to 130 days out of any given 365 as a Special Government Employees (31 CFR, Part 0.301), but the agency has no direct collections and enforcement authority within the continental United States; 13. The original office of the Commissioner of Internal Revenue (Act of July 1, 1862) was created in the Treasury Department, but this office was effectively repealed with enactment of the Revised Statutes of 1873. The present office of the Commissioner of Internal Revenue (IRC § 7802) is in the "Department of the Treasury", but not in the United States Department of the Treasury (31 U.S.C. §§ 301-310). VIII. Operation Under Non-Existent, Color of Law Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: 1. IRC § 7851(a)(6)(A) specifies, "The provisions of subtitle F shall take effect on the day after the date of enactment of this title and shall be applicable with respect to any tax imposed by this title ...." 2. IRC § 7806(b) specifies, "No inference, implication, or presumption of legislative construction shall be drawn or made by reason of the location or grouping of any particular section or provision or portion of this title, nor shall any table of contents, table of cross references, or similar outline, analysis, or descriptive matter relating to the contents of this title be given any legal effect ...." Application for Writ of Habeas Corpus: Page 33 of 71 3. The Senate Revision Amendment for 28 U.S.C. § 1395, relating to fines, penalties or forfeitures, restricted application of this statute to section 3745(c) of the Internal Revenue Code of 1939, authority was never extended to the Internal Revenue Code of 1954 (see 80th Congress Senate Report No. 1559); 4. The Senate Revision Amendment for 28 U.S.C. § 1396, authorizing civil action for the collection of internal revenue taxes, remains applicable to the Internal Revenue Code of 1939, § 3744, authority was never extended to the Internal Revenue Code of 1954 (see 80th Congress Senate Report No. 1559); 5. Subtitle F of the Internal Revenue Code of 1954, prescribes all administrative assessment and collection statutes, all crimes, penalties and forfeitures, and all judicial authority relating to administration and enforcement of IRC 1954 taxing authority, but no statute in Subtitle F becomes effective until Title 26 of the United States Code is enacted as positive law (IRC § 7851(a)(6)(A)), and the title has never been enacted as positive law (IRC § 7806(b)), nor has authority under 28 U.S.C. §§ 1395 & 1396 been extended to enforcement of IRC 1954 statutory authority. IX. Subtitle A & C Taxes Mandatory Only For Government Employees Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: 1. The so-called general application "income tax" (corporate tax), promulgated approximately with implementation of the Sixteenth Amendment in 1913, was repealed by the Internal Revenue Act of 1921, as were most other general-application Application for Writ of Habeas Corpus: Page 34 of 71 excise taxes (Title XIV -- General Provisions, pp. 320, etc., Statutes at Large, Sixty-seventh Congress, 1921), with most of these taxes reenacted under Congress' Article IV § 3.2 authority in the geographical United States when they were put back in place. What survived in lieu of the general application corporate income tax was the "normal tax" (Title II, Part II, § 210 (p. 233)), with the normal tax levied against, "gains, profits, and income derived from salaries, wages, or compensation for personal service (including in the case of the President of the United States, the judges of the Supreme and inferior courts of the United States, and all other officers and employees, whether elected or appointed, of the United States, Alaska, Hawaii, or any political subdivision thereof, or the District of Columbia...)" ("Gross Income Defined", § 213, pp. 237, et seq.), then these "normal taxes" became known as "income taxes" via the Public Salary Tax Act of 1939, codified in Chapter 1, IRC, 1939, then in Subtitle A, IRC 1954. In the IRC 1954, the "employee" against whom taxes in Subtitles A & C are levied is an officer or employee of the United States or a United States geographical subdivision, or an officer of a corporation construed to be an instrumentality of the United States (IRC § 3401(c)), with the "employer" (IRC § 3401(d)), being the employer of the employee, as previously defined; 2. "The income tax is, therefore, not a tax on income as such. It is an excise tax with respect to certain activities and privileges which is measured by reference to the income which they produce. The income is not the subject of the tax: it is the basis for determining the amount of tax." (Congressional Record, House, March 27, 1943, p. 2580) Application for Writ of Habeas Corpus: Page 35 of 71 3. The person required to file return forms or lists (IRC § 6011), and make payments of income withheld from wages at the source (IRC § 6012), is the "withholding agent" (26 CFR, Part 1.1441-7), who in general is required to file Form 1042 (26 CFR, Part 1.1461-2(b)), or Form 1042S (26 CFR, Part 1.1461-2(c)); 4. An "employee", other than a properly designated withholding agent, is not normally required to keep books and records (26 CFR, Part 31.6001-1(d)), save in the event of filing for special refunds (26 CFR, Parts 6001-1(d), 31.6413(c)-1 § 601.401(d)). In that event, the 1040 family of forms is prescribed as the forms which may voluntarily be filed for special refunds (26 CFR, Parts 601.401(d) & 31.6402(a)-2); 5. In the event someone is liable for Subtitle A & C taxes and is required to keep books and records under provisions of IRC § 6001, the district director must provide him direct notice (26 CFR, Parts 1.6001-1(d) & 31.6001-6); 6. Under normal circumstance, except where an employee might have two or more employers effectively connected with United States trade or business (performance of the functions of public office, IRC § 7701(a)(26)), resulting in over-payment of employee tax (Social Security, Medicare insurance, etc.), the employee will secure refunds for over-payment from the employer (26 CFR, Parts 1.1461-4 & 601.401(c)); 7. The district director or director of the regional service center may effect assessments of taxes disclosed by a "taxpayer" on a list or return (26 CFR, Part 301.6201-1(a)(1)), or unpaid taxes payable by stamp (26 CFR, Part 301.6201-1(a)(2)), Application for Writ of Habeas Corpus: Page 36 of 71 but "If the amount of income tax withheld or the amount of estimated income tax paid is overstated by a taxpayer on a return or on a claim for refund, the amount so overstated which is allowed against the tax shown on the return or which is allowed as a credit or refund shall be assessed by the district director or the director of the regional service center in the same manner as in the case of a mathematical error on the return ...." 8. In the event of under-payment or late payment of tax prescribed in subtitle A of the Internal Revenue Code, the "employer" is liable (26 CFR, Part 31.3403-1), but may be exempted from liability for the tax itself if the tax is paid by someone else (the "employee"). However, the employer remains liable for interest and penalties (26 CFR, Part 31.3402(d)-1), or when the appropriate tax is not paid by a third party, is subject to assessment and notice of deficiency (26 CFR, Parts 301.6211-1, 301.6212-1, etc.). The "employer" (26 CFR, Part 31.3404-1) may be the United States, a [Federal] State subject to Congress' Article IV § 3.2 municipal authority, inclusive of Puerto Rico, the District of Columbia, etc., and political subdivisions thereof. The "employee", as defined at IRC § 3401(c), is not the "person liable" for deficiencies, interest, or statutory penalties, save in the event he is the designated withholding agent (26 CFR, Part 1.1441-7); 9. Providing a person liable to make a return under requirements of the Internal Revenue Code and regulations thereunder ("withholding agent", 26 CFR, Part 1.1441-7) consents to disclose information necessary to make a return, the director's designated officer may make it for him, and the return will then be received by the director as the return of the person provided the person signs the return (26 CFR, Part 301.6020-1); Application for Writ of Habeas Corpus: Page 37 of 71 10. In the event a person required to make a return fails or refuses to do so, or files a fraudulent return, the director, by way of his designated officer, may make a return from his own knowledge and information obtained through testimony and otherwise (26 CFR, Part 301.6020-1(b)(1)). The return so executed by the designated assessment officer must be made by way of a "summary record of assessment" (Form 23C), which reflects the following: (1) identification of the taxpayer, (2) the character of the liability assessed (taxing statute), (3) the taxable period, where applicable, and (4) the amount of assessment. The date of assessment is the date the summary record is signed by the assessment officer (26 CFR, Part 301.6203-1). The assessment must be premised on support documents, and the assessment officer must certify its accuracy under penalty of perjury (26 CFR, Part 31.6065(a)-1); 11. Execution documents such as notices of Federal tax lien, notices of levy, etc., must be issued under seal of the district director (26 CFR, Part 301.7514-1(a)(2)(ii)), or they are of no legal effect and may not be judicially noticed (26 CFR, Part 301.7514-1(c) & (d); 28 U.S.C. § 1733(b); Rule 44, F.R.Cv.P.; Rule 27, F.R.Cr.P.); 12. The Internal Revenue Code preserves all substantive rights and remedies (IRC § 7804(b)), so in order to comply with Fifth Amendment due process rights (26 CFR, Part 601.106(f)(1)), the Treasury Department bears liability for securing judicial determination of contested liability (IRC § 7403) prior to effecting encumbrances, other than those effected by licensing agreements, or initiating seizure actions. Application for Writ of Habeas Corpus: Page 38 of 71 X. Lack of General Application Regulations For Subtitle A & C Taxes & Alleged Offenses under Title 18 of the United States Code Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: 1. The Federal Register Act, (44 U.S.C. §§ 1501 et seq., particularly at 44 U.S.C. § 1505), requires that appropriately designated Government officials provide notice of all general application regulations by publication in the Federal Register, with regulations subsequently classified and published in the Code of Federal Regulations; 2. Congress by way of 44 U.S.C. § 1510 authorized certain finding aids as ancillaries to the Code of Federal Regulations. Among the ancillaries is the Parallel Table of Rules and Authorities (1 CFR, Part 8.5(a)), published in the Index volume of the Code of Federal Regulations. This table provides a listing of titles of the United States Code, with statute numbers in ascending order, in the left column, then lists general application regulations for said statutes, where applicable, in the right. Agencies responsible for promulgation of regulations are responsible for maintaining the Parallel Table of Rules and Authorities current and accurate. In this scheme, statutes which do not appear in the Parallel Table of Rules and Authorities do not have general application regulations (or delegations of authority) which extend to the Union of several States party to the Constitution and the American people at large; Application for Writ of Habeas Corpus: Page 39 of 71 3. By consulting the Parallel Table of Authorities and Rules, it is found that 26 U.S.C. §§ 7621, 7801, 7802 & 7803 are not listed. Therefore, there is no authority applicable to the Union of several States party to the Constitution for establishing revenue districts (confirmed by listing of E.O. #10289 at 26 CFR, Part 301.7621-1 as the only authority conferred per 3 U.S.C. § 301), no authority is delegated to the Secretary of the Treasury for operation of the United States Department of the Treasury in the several States party to the Constitution, per 4 U.S.C. § 72 & 31 U.S.C. § 301, the Commissioner of Internal Revenue and assistants do not have general enforcement authority in the Union of several States, and the Treasury Department (IRC §§ 7701(a)(12)(A) & 7805(a)) does not have general enforcement authority in the Union of several States; 4. By consulting the Parallel Table of Authorities and Rules for IRC § 7401, it is found that the only regulation which appears is 27 CFR, Part 70, relating to Subtitle E alcohol, tobacco and firearms taxes administered by the Bureau of Alcohol, Tobacco and Firearms; there are no regulations for 26 CFR, Parts 1, 31 or 301 relating to Subtitle A & C taxes withheld at the source (IRC § 3402). Therefore, there is no authority for the Attorney General to authorize civil actions via district courts of the United States save as relates to Subtitle E taxes under administration and enforcement authority of BATF; Application for Writ of Habeas Corpus: Page 40 of 71 5. By consulting the Parallel Table of Authorities and Rules for IRC § 7402, which specifies jurisdiction of "district courts of the United States" (there is no statutory authorization for Article IV United States District Courts), it is found that 26 U.S.C. § 7402 does not appear. Therefore, Article III district courts of the United States do not have jurisdiction for civil suits even as relates to BATF administration of Subtitle E taxes (27 CFR, Part 70) in the Union of several States party to the Constitution; 6. By consulting the Parallel Table of Authorities and Rules for IRC 7323, it is found that the only implementing regulations for "in rem" maritime seizure action are 26 CFR, Part 403 (IRS maritime authorization for administration and enforcement of customs laws relating to narcotics and related commodities), and 27 CFR, Part 72 (BATF maritime authorization for administration and enforcement of customs laws relating to imported distilled spirits, tobacco products, firearms, etc.). There are no regulations otherwise applicable to the Union of several States party to the Constitution; 7. By consulting the Parallel Table of Authorities and Rules for IRC 7321, it is found that the statute does not appear. Therefore, no authority is conveyed by the Internal Revenue Code to seize property in the Union of several States party to the Constitution; 8. By consulting the Parallel Table of Authorities and Rules for IRC, Chapter 75 (§§ 7201-7344), it is found that all criminal statutes which have legislative regulations published in the Federal Register in compliance with 44 U.S.C. § 1505, may be prosecuted under 27 CFR, Part 70 and related statutes, or have no regulations at all. The only criminal statute with 26 CFR, Part 1 & 301 regulations is § 7216, relating to "disclosure or use of information by preparers of returns." Forfeitures under Subchapter C, Part I, are under 27 CFR, Parts 24, 70 & 252; all forfeiture provisions under Part II of Subchapter C (§§ 7322- 7327), are under regulations pertaining to customs laws, primarily 26 CFR, Part 403 & 27 CFR, Part 72; Application for Writ of Habeas Corpus: Page 41 of 71 9. By referencing the Parallel Table of Authorities and Rules for key IRC statutes which authorize encumbrance by lien and seizure by levy and distraint, it is found that the only regulations for IRC §§ 6321 & 6331 are 27 CFR, Part 70, the authority under BATF administration relating to Subtitle E taxes; 10. By referencing the Parallel Table of Authorities and Rules, it is found that there are no regulations published in the Federal Register authorizing the Secretary to prepare tax returns not computed by the taxpayer (IRC § 6013), and no regulations published in the Federal Register requiring self-employment tax returns (IRC § 6017); regulations listed in the Parallel Table of Authorities and Rules for returns prepared for or executed by the Secretary (IRC § 6020) or listing by the Secretary of taxable objects owned by nonresidents of internal revenue districts (IRC § 6021), are 27 CFR, Parts 53 & 70, these regulations under BATF administration. No regulations for any of these statutes are listed for 26 CFR, Parts 1, 31 or 301, as might relate to Subtitle A & C taxes; 11. The above demonstrates that no taxing statute in the Internal Revenue Code of 1954, as amended in 1986 and since, or administration or enforcement statute in Subtitle F of the IRC, extends to the Union of several States party to the Constitution save as (1) someone might serve in the capacity of a "withholding Application for Writ of Habeas Corpus: Page 42 of 71 agent" (26 CFR, Part 1.1441-7(a)) for an agency of United States Government or a United States political subdivision (District of Columbia, Puerto Rico, Guam, the Virgin Islands, etc.), (2) own real and/or personal property located in the geographical United States, as the term "United States" is defined at 26 CFR, Part 31.3121(e)-1(b) (Subtitle B), (3) be engaged in enterprise in the geographical United States subject to Subtitle D & E licensing and excise taxes, or (4) be involved in some off-shore activity subject to customs laws in United States special maritime and territorial jurisdiction (18 U.S.C. § 7). 12. By consulting the Parallel Table of Authorities and Rules, it is found that none of the Title 18 statutes listed as alleged offenses in either the Moore-Gunwall case or the Meador case are listed, thus verifying that there are no implementing regulations published in the Federal Register in compliance with provisions of the Federal Register Act for 18 U.S.C. 2, 371, 1341, 1503 or 1504. XI. Constitutional Insufficiency of Alleged Offense Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: 1. In general, crimes prescribed by "Act of Congress" are prosecutable only in the geographical United States subject to Congress' Article IV § 3.2 municipal authority (see Rule 54(c) Applications, F.R.Cr.P., for "Act of Congress" and "State"); Application for Writ of Habeas Corpus: Page 43 of 71 2. The Constitution of the United States, at Article I, § 8.6, delegates authority for Congress to prescribe punishment for counterfeiting securities and current coin of the United States, and at Article III § 3.2, delegates authority for Congress to prescribe punishment for treason. In various amendments promulgated since 1868, Congress is empowered to secure and protect civil rights and voting rights of "citizens of the United States" (Sec. 1, Fourteenth Amendment "citizen of the United States"); 3. Article III § 2.3 of the Constitution stipulates that (1) prosecution of crimes will be in the State (by the state court) where the crime was allegedly committed, and (2) trial will be by jury, the latter contemplative of trial by jury in the manner prescribed by English-American lineage common law where the jury is empowered to determine matters of law and fact; 4. At Article I § 8.15, Congress is authorized to call forth the militia in the event of invasion or insurrection, and to enforce the laws of the Union, and at Article IV § 4, the Constitution authorizes the calling forth the militia in the event of invasion, or on invitation of the legislature or chief executive of any given Union state, to intervene in domestic violence. The Constitution does not otherwise grant Congress municipal and police powers extending to the Union of several States party to the Constitution; 5. The Separation of Powers Doctrine (Tenth Amendment) expressly prohibits United States Government from exercising authority in the Union of several States party to the Constitution which are not specifically delegated by the Constitution; 6. Offenses alleged where the instant matter is concerned are not enumerated in or by the Constitution as being offenses Congress may prescribe punishment for; Application for Writ of Habeas Corpus: Page 44 of 71 7. Article III of the Constitution does not grant United States extra-territorial judicial authority within the Union of several States where the instant matter is concerned; 8. Therefore, the instant matter is not cognizable as being within the scope of United States constitutionally delegated authority under provisions of Article I or Article III of the Constitution of the United States. Application for Writ of Habeas Corpus: Page 45 of 71 XII. Jurisdiction Limits of Warrant & Federal Enforcement Personnel Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: 1. United States jurisdiction in the Union of several States party to the Constitution is prescribed at 18 U.S.C. § 7(3), being lands acquired or reserved for use of the United States, and Federal enclaves as specified at Article I § 8.17 -- forts, magazines, arsenals, dockyards, and other needful buildings; 2. Per 40 U.S.C. § 255 and state cession laws, in order to secure jurisdiction within the Union of several States party to the Constitution, (1) the United States must secure title to land, (2) the state legislature must cede jurisdiction, and (3) the United States must formally accept jurisdiction. Until the United States formally accepts jurisdiction, lack of United States jurisdiction is presumed (last sentence, 40 U.S.C. § 255); 3. Territorial limits for service of summonses or execution of warrants issued by a United States District Court are prescribed at Rule 4(d)(2), F.R.Cr.P.: "The warrant may be executed or the summons may be served at any place within the jurisdiction of the United States." Said jurisdiction, within borders of Union states party to the Constitution, is limited to land where the United States has actual title and has perfected jurisdiction in accordance with provisions of 40 U.S.C. § 255, jurisdiction defined at 18 U.S.C. § 7(3); Application for Writ of Habeas Corpus: Page 46 of 71 4. Territorial limitation for service of Federal summonses and warrants is confirmed at 28 CFR, Part 60.3(d), via designation of "Local Law Enforcement Agencies: (1) District of Columbia Metropolitan Police Department, (2) Law Enforcement Forces and Customs Agencies of Guam, The Virgin Islands, and the Canal Zone." 5. Regulations defining and accommodating "Emergency Law Enforcement Assistance" (28 CFR, Part 65), particularize territorial limits of United States police powers via the definition of "State" at 28 CFR, Part 65.70(d): "State. The term state is defined by the Act as any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Trust Territory of the Pacific Islands, or the Commonwealth of the Northern Mariana Islands." 6. Limitation of United States police powers to the geographical United States subject to Congress' Article IV § 3.2 legislative jurisdiction is further characterized by elements of the "Federal law enforcement community": The Federal Bureau of Investigation, which is an administrative agency in the Department of Justice (historical notes, 28 U.S.C. § 531), is authorized by statute only to investigate officers and employees of the United States (28 U.S.C. § 535), not the general population; Internal Revenue Service is successor to the Bureau of Internal Revenue, Puerto Rico (T.D.O. #150-29 (1953)), with the Bureau of Alcohol, Tobacco and Firearms having emerged from IRS (T.D.O. #221 (1972)). Congress never created a Bureau of Internal Revenue (36 F.R. 849-890 [C.B. 1971 - 1,698], 36 F.R. 11946 [C.B. 1971 - 2,5771], and 37 F.R. 489-490; Internal Revenue Manual 1100, at 1111.2; see definitions at 27 CFR, Part 250.11 which cement the link between IRS & BATF as agencies of the Department of the Treasury, Puerto Rico); Application for Writ of Habeas Corpus: Page 47 of 71 7. These agencies -- FBI, IRS & BATF in particular -- cannot exercise general police powers within the territorial borders of the several States party to the Constitution as they were not created under Congress' constitutionally delegated legislative authority. While the President may serve as Congress' trustee or agent in United States Article IV § 3.2 jurisdiction, Congress cannot transfer constitutionally vested legislative powers to the executive or judicial branches of Government so far as legislation pertaining to the Union of several States party to the Constitution; 8. Further, any warrant issued from an Article IV United States District Court under signature of a United States magistrate judge must (1) bear his personal jurat issued by the Director for the Administrative Office of the United States Courts, and (2) be entered in personal docket books issued by the Director for the Administrative Office of the United States Courts (28 U.S.C. § 638(c) & (a)), and (3) such warrant may issue only to the limits of United States jurisdiction (18 U.S.C. § 7(3)), (4) for misdemeanor offenses authorized by regulation under 18 U.S.C. § 3401. If a felony offense cognizable under jurisdiction of the Article III district court of the United States, the warrant must issue under signature of an Article III district court judge (Rule 9, F.R.Cr.P.); 9. A United States magistrate judge may not preside at a felony arraignment in an Article III district court of the United States (Rule 10, F.R.Cr.P.), and even where an Article IV United States District Court would have felony jurisdiction, is precluded from entering felony pleas for alleged offenders (Rule 5(c), F.R.Cr.P.). Application for Writ of Habeas Corpus: Page 48 of 71 XIII. Defective Grand Jury Indictment Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: 1. A prospective Plaintiff who is to be investigated by a Federal grand jury is entitled to be informed of the investigation, either before or after arrest on a verified complaint and prior to seating of the grand jury, and is entitled (1) to be represented in the proceedings by counsel (Sixth Amendment), up to and including (2) seating of the grand jury (Rule 6(b)(1)). At the proceeding, the person being investigated is entitled to access to certified complaints an investigation is premised on, to confront adverse witnesses, and to call witnesses and present evidence on his own behalf; 2. The grand jury form and preliminary hearings, per Rule 1101(d), F.R.Ev., are exempt from Federal Rules of Evidence, thus preserving Fourth and Sixth Amendment rights to counsel, to confront and examine witnesses, to have access to complaints, and to produce witnesses on the Plaintiffs' behalf, thus preserving essential elements of substantive due process; 3. The Supreme Court of the United States, per 28 U.S.C. § 2072(b), is prevented from imposing rules of procedure and evidence which might, "abridge, enlarge or modify any substantive right." Therefore, when defendant entitled to substantive due process as contemplated by the "arising under" clause at Article Application for Writ of Habeas Corpus: Page 49 of 71 III § 2.1 and the Fourth, Fifth, Sixth, and Seventh Amendments to the Constitution is investigated and/or charged with felony crimes, he is entitled to all constitutionally-secure substantive due process assurances, including the opportunity to challenge jury selection and individual jurors at the grand jury level; 4. When and if these rights have been abridged, the judicial officer who receives the Plaintiffs' motion to discharge an indictment is compelled to discharge the indictment by operation of law (28 U.S.C. § 1867(a) & (d)). XIV. Failure to Properly Secure Extradition Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: 1. The political coalition, compact or free association of territories, commonwealths, insular possessions and United Nations trust territories subject to Congress' Article IV § 3.2 municipal authority are foreign to the Union of several States party to the Constitution of the United States to the same or a greater degree than one of the several States is to each of the others. With this perspective, there are 51 sovereign or semi- sovereign powers in the "American Empire." The United States, within the scope of Congress' plenary power as State and national legislator, is sovereign over territory construed to be under Congress' Article IV § 3.2 legislative jurisdiction, where each of the Union states is sovereign within its own borders, subject only to United States authority delegated to the United States primarily by way of legislative authority conveyed to Congress in Article I of the Constitution. Each of the 51 powers has its own geographical bounds, its own legislative, executive and judicial authorities, its own laws, its own economic, political and social interests, and its own citizens; Application for Writ of Habeas Corpus: Page 50 of 71 2. In order for any one of these 51 semi-independent powers to prosecute a citizen, resident, or even fugitive from justice who is found within the territorial borders of another, the alleged offender or fugitive must be extradited in accordance with laws governing extradition in the home asylum state; 3. Many of the Union states and some of the Federal States (District of Columbia, Puerto Rico ....) have adopted the Uniform Act On Fresh Pursuit (§§ 221 etc., Title 22 of the Oklahoma Statutes [22 O.S. §§ 221 et seq.]), the Uniform Fugitives From Justice Act (22 O.S. §§ 1121 et seq.), and the Uniform Criminal Extradition Act (22 O.S. §§ 1141.1 et seq.). These colorable Acts, which accommodate Cooperative Federalism under the de facto presumption that each of the Union states is an instrumentality of the United States on a par with the District of Columbia, Puerto Rico, etc., accommodate the positive law system (admiralty-Civil Law), but they still mandate certain minimums which must be adhered to by principals of foreign jurisdictions, the geographical United States known as the UNITED STATES OF AMERICA included; 4. Under provisions of the "fresh pursuit" act (22 O.S. § 221), "a state, county, or municipal peace unit of another state of the United States who enters this state in fresh pursuit ... of a person in order to arrest him on the ground that he is believed to have committed a felony in such other state, shall have the same authority to arrest and hold such person in Application for Writ of Habeas Corpus: Page 51 of 71 custody, as has any member of any duly organized state, county or municipal peace unit of this state ...." However, once the arrest is made, the officer of the foreign state must take the alleged offender to a magistrate judge of the home asylum state (12 O.S. § 222). "If the magistrate determines that the arrest was lawful he shall commit the person arrested to await for a reasonable time the issuance of an extradition warrant by the Governor of this state or admit him to bail for such purpose." 5. Under the Fugitives From Justice Act (22 O.S. § 1123), "the Governor of this State" is required to deliver an alleged fugitive from another state "on demand of the executive authority of the state or territory from which he fled ...." However, once arrested, whether under authority of the Fresh Pursuit Act or the Fugitives From Justice Act, the alleged offender is afforded the opportunity to retain counsel, and if he chooses, file an application for writ of habeas corpus against the extradition (22 O.S. § 1141.10); 6. It is significant to note that Puerto Rico is one of the reciprocal signatory "states" party to the Fugitives From Justice and Criminal Extradition Acts, but not the Fresh Pursuit Act. Therefore, Internal Revenue Service, Bureau of Alcohol, Tobacco and Firearms, and other agencies of the Department of the Treasury, Puerto Rico, or Federal civil authorities acting as nominee for the Department of the Treasury, Puerto Rico, may apply for extradition under the Fugitives From Justice and Criminal Extradition Acts, but they have no authority to execute arrests. As determined in Downes v. Bidwell, Dorr v. United States, Balzac v. Porto Rico, and Hooven & Allison Co. v. Evatt, Application for Writ of Habeas Corpus: Page 52 of 71 off-shore territories of the United States, such as Puerto Rico, now a quasi-independent commonwealth, are not incorporated in the United States scheme of things -- unlike Alaska, Hawaii, western areas of the continental United States, etc., prior to admittance as Union states, there is no national agenda to integrate Puerto Rico, the Virgin Islands, American Samoa, Guam, the Northern Mariana Islands, the Pacific Trust Territories, et al., into the Union of several States party to the Constitution. Therefore, unlike sister states such as Oklahoma and Kansas, Colorado and New Mexico, Washington and Oregon, etc., this "free association" of Federal territories known as States lacks integral commonality with the several States of the Union. Analogously, the relationship of off-shore United States possessions and trusts to the several States party to the Constitution is more on the order of first or second cousins -- they are outside the immediate family united by and under the Constitution for the united States of America. They cannot legitimately be granted police powers in the several States, and under the Separation of Powers Doctrine (Tenth Amendment), officers of the several States party to the Constitution cannot accommodate Federal authority which is not delegated by the Constitution; 7. Therefore, if Federal civil enforcement people execute arrests beyond federal jurisdiction secured in the several States in compliance with 40 U.S.C. § 255, whether acting on behalf of the Department of the Treasury, Puerto Rico or the United States proper, they have exceeded constitutionally and statutorily delegated authority; Application for Writ of Habeas Corpus: Page 53 of 71 8. Where the United States has only authority delegated by Articles I & III of the Constitution so far as the Union of several States is concerned, the seat of complaint must issue from a United States territory or insular possession subject to laws of the United States, such as Title 18 of the United States Code, or the complaint must issue from United States maritime jurisdiction. This is verified at 18 U.S.C. § 3182: "Whenever the executive authority of any State or Territory demands any person as a fugitive from justice, of the executive authority of any State, District, or Territory to which such person has fled, and produces a copy of an indictment found or an affidavit made before a magistrate of any State or Territory, made before a magistrate of any State or Territory, charging the person demanded with having committed treason, felony, or other crime, certified as authentic by the governor or chief magistrate of the State or Territory from whence the person so charged has fled, the executive authority of the State, District, or Territory to which such person has fled shall cause him to be arrested and secured ...." 9. If the executive authority of the District of Columbia, Puerto Rico, or some other territory or insular possession subject to Congress' Article IV § 3.2 legislative jurisdiction has not issued proper documentation to the governor of the home asylum state and the alleged offender has not been afforded the opportunity to secure counsel, file an application for writ of habeas corpus, and/or defend himself in an extradition hearing, he has been deprived of due process of law and the de facto authority responsible for the arrest forfeits the right to prosecute. Application for Writ of Habeas Corpus: Page 54 of 71 XV. Misidentification of Parties Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: 1. Where the instant matter is concerned, the "UNITED STATES OF AMERICA" has proceeded against a DAN LESLIE MEADOR, a/k/a DAN MEADOR, a/k/a D. L. MEADOR, etc., and WAYNE GUNWALL, etc.; 2. The Plaintiffs are not and know not who or what the above-identified entities are. The Plaintiffs are not juristic or corporate "things" and cannot by law be prosecuted other than by and under respective true identities; 3. The Government Style Manual, Chapter 3, sets forth standards for capitalization, and in Chapter 14, prescribes the format for courts of the United States. All examples reflect proper spelling of names, with the names of people being spelled with capital first letters and the balance of each name spelled with lower case letters. Only the names of corporate and other fictional entities are capitalized. Therefore, the intentional misidentification is of no effect, being condemned by the United States Government's own authoritative style manual which determines standards for all written Government publications and courts of the United States; 4. The knowing, willful act of misidentification, which amounts to assigning unauthorized nomme de guerre identities, constitutes acts of imposing involuntary servitude, contrary to the Thirteenth Amendment prohibition against such actions. Therefore, matters at issue must be discharged as being contrary to constitutionally secured rights of the Plaintiffs. Application for Writ of Habeas Corpus: Page 55 of 71 XVI. Presumption of Nonresident Alien Status Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: 1. The Internal Revenue Code, as demonstrated by definitions of "State", "United States", and "Citizen" at 26 CFR, Part 31.3121(e)-1, is written for geographical application: The term "State" is defined as including the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, and after 1960, Guam and American Samoa. While still territories of the United States, Alaska and Hawaii were included in the definition of "State", but were removed as they were admitted to the Union of several States party to the Constitution (26 U.S.C. § 31.3121(e)-1(a)). The term "United States" is defined as including the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands, and after 1960, Guam and American Samoa; again, Alaska and Hawaii were included in the definition of "United States" until they were admitted to the Union of several States party to the Constitution, then were omitted. (26 CFR, Part 31.3121(e)-1(b)). Likewise, "The term 'citizen of the United States' includes a citizen of the Commonwealth of Puerto Rico or the Virgin Islands, and effective January 1, 1961, a citizen of Guam or American Samoa." (26 CFR, Part 31.3121(e)- 1(b)); Application for Writ of Habeas Corpus: Page 56 of 71 2. In this context, the "citizen of the United States" created by Section 1 of the Fourteenth Amendment (1868) is incidental. It merely determines the limits and privileges of "citizens of the United States" Congress may elect to confer on people indigenous to or naturalized in States of the geographical United States under Congress' Article IV § 3.2 legislative jurisdiction -- in the geographical United States, the United States is sovereign, not the people; in the Union of several States party to the Constitution, the people are sovereign, and governments, whether state or Federal, may exercise only those powers delegated by applicable constitutions; 3. So far as the United States Code is concerned, sovereign Citizens of the several States party to the Constitution are classified as "nationals of the United States" (8 U.S.C. § 1101(a)(22)), and are "aliens" to, or of, the geographical United States (IRC § 7701(b)). This is clarified to a certain extent by definition of "United States person" at IRC § 7701(a)(30): A United States person is a "a citizen or resident of the United States," a domestic partnership, corporation, or other juristic entity other than a foreign corporation or trust. A foreign corporation or trust (IRC § 7701(a)(31)) is any corporation or trust which receives income from "without the United States" which is not connected with a United States "trade or business" (performance of the functions of a political office). A "nonresident alien" of the United States (IRC § 7701(b)(1)(B)), is someone who was not born and has not naturalized in the geographical United States (District of Columbia, Puerto Rico, the Virgin Islands, Guam, or American Samoa), and who (1) has not been lawfully admitted as a citizen of the geographical United States, (2) has not spent enough time in the geographical United States to meet the substantial presence test, and (3) has not elected to be treated as a resident of the geographical United States (IRC § 7701(b)(1)(A)); Application for Writ of Habeas Corpus: Page 57 of 71 4. In the event someone is an alien of the geographical United States, "An alien by reason of his alienage, is presumed to be a nonresident alien," of the geographical United States (26 CFR, Part 1.871-4(b)). In order to rebut the presumption of nonresident alien status, specific evidence must be placed in record: (1) Evidence that the alien has filed a declaration of intention to become a citizen of the United States under the naturalization laws; (2) evidence that the alien has filed Form 1078 or its equivalent; or (3) evidence of acts and statements showing the alien has definite intention to acquire residence in the geographical United States, or showing his stay (physical presence) in the geographical United States has been of such an extended nature as to constitute him a resident. (26 CFR, Part 1.871-4(c)(2)); 5. In sum, when challenged, geographical United States citizen or resident status must be objectively proven in record. So-called adhesion contracts (Social Security registration, voter registration, driver's licenses, etc.) are of no consequence -- the Internal Revenue Code, as demonstrated, has geographical application and does not accommodate extra-territorial jurisdiction beyond the geographical United States, as defined at 26 CFR, Part 31.3121(e)-1(b). XVII. Absence of Taxing & Liability Statutes Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: Application for Writ of Habeas Corpus: Page 58 of 71 1. While the Government [sic] has advanced certain allegations of offense premised on Internal Revenue Code criminal statutes relating to the Kenney F. Moore, Colleen Moore, and Wayne Richard, Gunwall (Subtitle E, Chapter 75), there is no taxing statute in evidence and there is no statute or regulation which determines liability. Therefore, the antecedent allegation of offense with respect to UNITED STATES OF AMERICA v. KENNEY F. MOORE, et al. (#96-CR-82-C), and UNITED STATES OF AMERICA v. DAN LESLIE MEADOR (#96-CR-113-C), is predicated on fraud. Government [sic] allegations rest on documents which allege "1040" "kind of tax" obligations -- documents which cannot be judicially noticed and must be removed from record because they do not bear the Treasury Department seal -- but there is no evidence of law underlying the alleged obligation; 2. At a minimum, a taxing statute which describes the service, transaction, or object of a tax must be in evidence (United States v. Community TV, Inc. 327 F.2d 797, at p. 800 (1964); Hassett v. Welch, 303 U.S. 303, 58 S.Ct. 559, 82 L.Ed. 858), and to establish criminal liability, there must be three components in place: (1) the taxing statute which describes the service, transaction, or object of tax, (2) the statute which determines liability, and (3) the statute which determines the crime (United States of America v. Menk, 260 F.Supp. 784 (1966), at p. 787); 3. Where the instant matter is concerned, the Government [sic] has alleged criminal violation premised on the number of a tax return form number which is at best voluntary, as previously demonstrated. There is no taxing statute or regulation determining liability in evidence. Therefore, the fraud perpetrated in the first instance infects and condemns everything it touches. Application for Writ of Habeas Corpus: Page 59 of 71 XVIII. Paperwork Reduction Act Effects Estoppel Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: 1. The "1040" individual Federal income tax return information reporting form lacks the essential elements mandated in the Paperwork Reduction Act (44 U.S.C. §§ 3501 et seq.), as particularized in Office of Management and Budget regulations at 5 CFR, Part 1320.8(b)(3): The Paperwork Reduction Act requires the agency soliciting information from those to whom information requests are directed to disclose (1) the reasons the information is being or has been collected, (2) the way the information will be or has been used, (3) an estimate of average time required to provide the information, (4) whether responses to collection of information are voluntary, required to obtain or retain a benefit (authority must be cited), or mandatory (authority must be cited), (5) the nature and extent of confidentiality to be provided (authority must be cited), and (6) the fact that an agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless it displays a currently valid OMB control number. The currently valid OMB number and expiration date (OMB numbers approved for a maximum of three years) must appear conspicuously on the form where the other information may be in instructions. Additionally, OMB numbers must be secured for regulations which prescribe information-gathering authority; Application for Writ of Habeas Corpus: Page 60 of 71 2. It is significant where the instant matter is concerned that while the 1040 return displays an OMB number, it does not display the expiration date, and Privacy Act and Paperwork Reduction Act Notice information fail to specifically articulate liability or disclose whether or not the OMB number appearing on the 1040 form is currently valid, who might be required to file the 1040 form or who might voluntarily file the 1040 form to secure a benefit (for example, voluntary filing for refund of overpayment of employment tax (26 CFR, Part 601.401(d)); 3. It is significant that the Privacy Act and Paperwork Reduction Act Notice (p. 7, 1996 Form 1040 Instruction Manual), cites the following authorities: "Our legal right to ask for information is Internal Revenue Code sections 6001, 6011, and 6012(a) and their regulations. They say that you must file a return or statement with us for any tax you are liable for." 4. As previously demonstrated, the three statutes cited in the Form 1040 Instruction Manual (§§ 6001, 6011 & 6012(a)) do not have the force of law until such time as Title 26 of the United States Code is enacted as positive law (IRC § 7851(a)(6)(A)). However, supposing these statutes did have legal effect, by consulting the Parallel Table of Authorities and Rules, it is found that regulations applicable to Subtitle A & C taxing authority for § 6001 are in 26 CFR, Parts 1 & 31. By consulting these regulations, which was previously done, it is found at 26 CFR, Part 6001-1(d) that an "employee" is not required to keep books and records save in the event he might file for a refund (special refund, per 26 CFR, Parts 31.6402(a)-2 & 601.401(d)), Application for Writ of Habeas Corpus: Page 61 of 71 and 26 CFR, Parts 1.6001-1(d) & 31.6001-6 stipulate that the district director will provide direct notice to whomever is required to file returns. The withholding agent is the person liable for withholding, reporting & paying taxes prescribed by Subtitles A & C of the Internal Revenue Code (26 CFR, Parts 1.1441-7 & 31.3404-1), and he is under most circumstances required to file return information Form 1042 or 1042S (26 CFR, Part 1.1461-2). There is no obligation for him to file 1040 forms, and an "employee" who might wish to secure refunds of overpaid employee taxes may elect to file at 1040 Form under circumstances prescribed by applicable regulations; 5. Evidence surrounding the instant matter supports alternative conclusions: (1) The OMB number which appears on the 1040 Form is not currently valid; (2) if the OMB number on the 1040 Form is currently valid, it has special rather than general application. If the latter, the 1040 Form might be mandatory for a "taxpayer" subject to Subtitle B or D taxes, but the form is not mandatory for an "employee" subject only to Subtitle A & C taxes. The conclusion, then, is that the OMB number is not valid so far as matters at hand are concerned; 6. Since this must be the case, the Paperwork Reduction Act provides public protection, as specified at 5 CFR, Part 1320.6: "(a) Notwithstanding any other provision of law, no person shall be subject to any penalty for failing to comply with a collection of information that is subject to the requirements of this part if ... (1) The collection of information does not display, in accordance with § 1320.3(f) and § 1320.5(b)(1), a currently valid OMB control number assigned by the Director in Application for Writ of Habeas Corpus: Page 62 of 71 accordance with the Act ...." At § 1320.6(b), the regulation stipulates, "The protection provided by paragraph (a) of this section may be raised in the form of a complete defense, bar, or otherwise to the imposition of such penalty at any time during the agency administrative process in which such penalty may be imposed or in any judicial action applicable thereto." At § 1320.6(d), the regulation further stipulates, "Whenever a member of the public is protected from imposition of a penalty under this section for failure to comply with a collection of information, such penalty may not be imposed by an agency directly, by an agency through judicial process, or by any other person through administrative or judicial process." 7. Where matters at hand are concerned, Plaintiffs have demonstrated that the OMB number on the 1040 Form is invalid, or if the form is mandatory, the OMB number does not prescribe general application. Therefore, it is invalid where matters at hand are concerned, and because of the invalidity, it effects both administrative and judicial estoppel; 8. Where matters at hand are concerned, Government [sic] has the burden of proof. In order to demonstrate validity of the OMB number and application to the these matters, the Government may place Internal Revenue Service materials submitted to request assignment of the OMB number into evidence (5 CFR, Part 1320.14(b)), and may seek an OMB determination of liability (5 CFR, Part 1320.14(c)). Unless or until these necessary elements are in place, the Government [sic] is estopped from further prosecution under mandate of 5 CFR, Part 1320.6(b) & (d). Application for Writ of Habeas Corpus: Page 63 of 71 XIX. Conclusion & Prayer for Relief Plaintiffs allege and aver that the following is to the best of their current knowledge, understanding and belief accurate and true: 1. Plaintiffs, Dan Leslie, Meador and Wayne Richard, Gunwall, are natural-born, living beings, they are not and know not who or what the juristic DAN LESLIE MEADOR, DAN MEADOR, or D. L. MEADOR and WAYNE GUNWALL, are or might be, and may not be sued or prosecuted under such nomme de guerre or other fictitious identities, so matters at issue must be abated and discharged; 2. The Article IV United States District Court for the Northern District of Oklahoma is authorized under authority of 18 U.S.C. § 3401 and attending regulations to prosecute only petty and misdemeanor offenses committed on United States military installations and public lands under Bureau of Land Management jurisdiction, it is not authorized under 18 U.S.C. §§ 23 & 3231 to prosecute felony offenses in Oklahoma state, even when committed on United States military installations and public lands subject to Bureau of Land Management jurisdiction; the Article IV United States District Court, a legislative court of the United States operating under admiralty-Civil Law rules, is incompetent at law, and if it deprives Plaintiffs of life, liberty or property, will effect a bill of attainder, which is strictly forbidden by the Constitution, so the instant matter must be dismissed under mandate of fundamental law; 3. The "UNITED STATES OF AMERICA" is not authorized by the Constitution of the United States, Titles 18 or 28 of the United States Code, or the Internal Revenue Code, as a principal of interest, either as plaintiff or Plaintiffs, so may not sustain an action in the Article IV United States District Court or the Article III district court of the United States against Plaintiffs, so the instant matter must be dismissed; Application for Writ of Habeas Corpus: Page 64 of 71 4. The Internal Revenue Code vests authority for administration and enforcement of United States internal revenue laws in the continental United States in the Treasury Department, not the Department of the Treasury, so the Internal Revenue Service, being an agency of the Department of the Treasury, Puerto Rico, which operates solely on contract to provide records systems development and maintenance and record-keeping services for United States Government [sic] in the continental United States, is not authorized by statute or otherwise to charge or sustain an action against Plaintiffs under internal revenue laws or any other laws of the United States (IRC authorization for administration of IRC, Chapters 1, 2 & 21, in off-shore United States territories & insular possessions, per IRC § 7701(a)(12)(B)), whether such action is civil or criminal, so the matter at hand must be dismissed; 5. Subtitle F of the Internal Revenue Code is not effective as law until Title 26 of the United States Code is enacted as positive law, so all civil and/or criminal prosecution predicated on Subtitle F administrative and enforcement authority is under color of law and cannot be sustained and must be dismissed; 6. Subtitle A & C taxes are mandatory only for officers and employees of United States Government, governments of United States political subdivisions, and officers of corporations engaged in United States trade or business, and the "withholding agent" is the person liable for withholding, reporting, and paying these taxes, thereby also being "the person liable" in the event of administrative collection initiatives and/or civil and criminal penalties, so the matter at hand is predicated on fraud and must be dismissed; Application for Writ of Habeas Corpus: Page 65 of 71 7. There are no general application regulations published in the Federal Register which authorize the Secretary, on behalf of the President, to establish revenue districts in the Union of several States party to the Constitution, there are no published regulations or delegations of authority which convey authority for the Department of the Treasury, the Commissioner of Internal Revenue, or the Treasury Department to administer Internal Revenue Code taxes in the several States party to the Constitution; there are no regulations authorizing the "district court of the United States", or the United States District Court, to prosecute civil or criminal causes in the Union of several States relating to Subtitle A & C taxes; and there are no implementing regulations published in the Federal Register which extend general application for securing liens (IRC § 6321) or effecting levy and distraint (IRC § 6331) in the Union of several States relative to Subtitle A & C taxing authority. Therefore, the instant matter must be dismissed as there are no general application regulations or delegations of authority published in the Federal Register which validate authority of the court, the Internal Revenue Service, or authority of the Government [sic] to prosecute; Application for Writ of Habeas Corpus: Page 66 of 71 8. Crimes alleged where the instant matter is concerned are not within Congress' delegated authority to prescribe punishment for or prosecute by way of the Constitution of the United States, or amendments thereto. Therefore, the instant matter must be discharged under bar of the Separation of Powers Doctrine (Tenth Amendment). United States enforcement of these offenses does not reach the Union of several States party to the Constitution, as evidenced by the lack of regulations published in the Federal Register for any Title 18 statute listed in the Moore-Gunwall case or the Meador case; 9. The warrant issued under signature of a United States magistrate judge, which did not display his personal jurat, required by 28 U.S.C. § 638(c), is of no legal effect as it issues without authority of law from an Article IV judicial officer who has jurisdiction solely under authority of 18 U.S.C. § 3401 relating to misdemeanor offenses on United States military installations and Federal land under Bureau of Land Management jurisdiction, exceeded authority of the United States magistrate judge/national park commissioner; the warrant, if otherwise legitimate, is executable only in jurisdiction of the United States, as specified at 18 U.S.C. § 7(3); and Federal civil authorities responsible for executing arrest may exercise police powers only in jurisdiction of the United States, as secured in compliance with provisions of 40 U.S.C. § 255 and state cession laws. Said warrant is an illegal instrument and all other action engaged by Federal civil enforcement authorities was under color of law. Therefore, the instant matter must be dismissed due to the illegal acts of the United States magistrate judge (national park commissioner) and Federal civil enforcement personnel; Application for Writ of Habeas Corpus: Page 67 of 71 10. Plaintiffs was not notified of a grand jury investigation, and thereby was deprived of the right to have counsel, to challenge grand jury seating, to challenge qualification of individual grand jury members, to have access to complaints, to interview adverse witnesses, and to present testimony, evidence, and witnesses. Therefore, Plaintiffs was deprived of substantive due process of law, and by operation of law (28 U.S.C. § 1867(a) & (d)), the judicial officer of this court must discharge the indictment; 11. The Government [sic] failed to provide necessary affidavits to the Governor of Oklahoma to secure arrest of Plaintiffs, and failed to comply with the requirements of local incarceration or other detention, affording Plaintiffs the opportunity to seek counsel, provide defense, and file an application for writ of habeas corpus against extradition. Said action on the part of the Government [sic] is contrary to fundamental law (substantive due process rights and sovereignty of Oklahoma, one of the several States party to the Constitution of the United States), so the instant matter must be discharged as an act of inland piracy, sedition against the Constitution of the United States, and against Oklahoma state; 12. Plaintiffs, Dan Leslie, Meador, is not DAN LESLIE MEADOR, DAN MEADOR, or any other juristic entity and Wayne Richard, Gunwall, is not WAYNE GUNWALL, or WAYNE RICHARD GUNWALL, nor are Plaintiffs otherwise juristic or corporate entities. The Government [sic] has mis-identified the parties, and cannot sustain prosecution of the natural-born, moral being, Dan Leslie, Meador, or Wayne Richard, Gunwall, under such misidentification. Contrary to the Thirteenth Amendment prohibition against involuntary servitude, assigning the bogus nomme de guerre identities to Plaintiffs is an effort to impose involuntary servitude. The instant matter must therefore be abated and dismissed for want of a proper party for prosecution; Application for Writ of Habeas Corpus: Page 68 of 71 13. Plaintiffs, Dan Leslie, Meador, has established his alienage with respect to the geographical United States (26 CFR, Part 31.3121(e)-1(b)), so under the rule of presumption (26 CFR, Part 1.871-4(b)), Plaintiffs is presumed to be a nonresident alien of the geographical United States. In order for the Government [sic] to sustain prosecution, the presumption must be overcome with evidence prescribed at 26 CFR, Part 1.871-4(2). No such evidence is in record, so the instant matter must be dismissed by operation of law; 14. The Government's [sic] case rests solely on an alleged criminal statute prescribed in subtitle F of the Internal Revenue Code (all other charges are predicated on the legitimacy of the alleged corpus offense), but the record does not reflect a taxing statute which identifies the service, transaction or object of tax, and there is no statute or regulation which determines liability for the tax in record. Therefore, the instant matter must be dismissed as statutorily inadequate; 15. Plaintiffs has demonstrated that (1) the OMB number on the 1040 Form is invalid, or (2) does not apply to matters at hand. Therefore, under provisions of 5 CFR, Part 1320.6(b) & (d), the Paperwork Reduction Act effects estoppel. The matter at hand must be dismissed. Application for Writ of Habeas Corpus: Page 69 of 71 Plaintiffs hereby Tenth Circuit Court of Appeals, sitting as an Article III court of the United States, for reasons above, to issue a writ of habeas corpus ordering one Stephen C. Lewis, United States Attorney for the Northern District of Oklahoma, to produce and enter into record the documentation necessary to prove jurisdiction and other authority necessary for prosecution of Dan Leslie, Meador, and Wayne Richard, Gunwall. Plaintiffs hereby certify by our respective signatures that all matters of law and fact set forth herein are to the best of our current knowledge, understanding and belief accurate and true, so help us God. /s/ Dan Leslie Meador ____________________________________ __________________________ Dan Leslie, Meador Date P.O. Box 2582 Ponca City 74602/tdc OKLAHOMA STATE tel: (405) 765-1415 fax: (405) 765-1146 [Mr. Gunwall's signature withheld, see note above.] ____________________________________ __________________________ Wayne Richard, Gunwall Date 409 East Detroit Ponca City 74602/tdc OKLAHOMA STATE Application for Writ of Habeas Corpus: Page 70 of 71 List of Exhibits 1. Indictment, UNITED STATES OF AMERICA v. KENNEY F. MOORE, et al., Case No. #96-C-82-C, United States District Court, Northern District of Oklahoma. 2. Indictment, UNITED STATE OF AMERICA v. DAN LESLIE MEADOR, et al., Case No. #96-C-113-C, United States District Court, Northern District of Oklahoma. 3. Dan Meador Affidavit of Complaint. Certification of Service I certify that a true and correct copy of this pleading is being sent via certified mail, return receipt requested, with sufficient postage paid to assure delivery, to the office of the United States Attorney at the following address: Stephen C. Lewis, United States Attorney Northern District of Oklahoma 333 West Fourth Street Tulsa, Oklahoma 74103 /s/ Dan Leslie Meador ____________________________________ __________________________ Dan Leslie, Meador Date P.O. Box 2582 Ponca City 74602/tdc tel: (405) 765-1415 fax: (405) 765-1146 Application for Writ of Habeas Corpus: Page 71 of 71 # # #
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