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 ) SUBPOENAS DUCES TECUM Wayne Richard, Gunwall, ) Authority: Article III, Sec. 2.1 ) "arising under" clause; ) Sixth Amendment. Plaintiffs, ) Purpose: ) To Support Application for ) Writ of Habeas Corpus v. ) ) Stephen C. Lewis, ) ) Defendant. ) ___________________________) APPLICATION FOR SUBPOENAS DUCES TECUM In Support of 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). Plaintiffs seek certain documentation, or in the alternative, confession that documentation does not exist. Plaintiffs allege that United States jurisdiction and other matters addressed in their application for writ of habeas corpus must be objectively proven when challenged. In order for Defendant to sustain his cause, he must produce most information Plaintiffs seek by subpoenas duces tecum into record, anyway, so Application for Subpoenas Duces Tecum: Page 1 of 16 securing documentation or confessions will simplify matters for Defendant, and will resolve considerable controversy pertaining to authority of the Internal Revenue Service ("IRS"), the character, operation, and jurisdiction of United States District Courts situated in the Union of several States party to the Constitution of the United States, et al. Plaintiffs allege that the Sixth Amendment to the Constitution assures them the opportunity to examine the documentation requested in this application for subpoenas duces tecum as the documentation, or lack of it, is essential to defense against what Plaintiffs allege and believe amounts to a conspiracy to defeat the Constitution of the United States, over- run sovereignty of the several States party to the Constitution, and impose general servitude on the American people. The law, as demonstrated in Plaintiffs' Application for Writ of Habeas Corpus, has been unraveled to the point there is no longer need for constructive arguments. Therefore, Plaintiffs respectfully request that the judicial officer or officers of the Tenth Circuit Court of Appeals, sitting in the capacity of an Article III court of the United States, issue subpoenas duces tecum to the following: Application for Subpoenas Duces Tecum: Page 2 of 16 I. Stephen C. Lewis, United States Attorney, Northern District of Oklahoma A subpoena duces tecum should be issued to Stephen C. Lewis, the United States Attorney for the Northern District of Oklahoma, to produce the following documents into record: 1. A certified copy of the application for arrest and extradition of Plaintiff, Dan Meador, from the State of Oklahoma, said application in compliance with the Uniform Criminal Extradition Act (Title 22, Sections 1141.1 et seq., of the Oklahoma Statutes), with particulars specified at 22 O.S. 1141.3. The said application should reflect the State for which the application was made, i.e., Puerto Rico, 34 L.P.R.A. 1881 to 1881bb, the basis for allegations that the Plaintiff was in the affected State at the time said alleged crime was committed, and other particulars specified in the statute. (See also, 18 U.S.C. 3041, et seq. & 3182, et seq.) The application should also bear the signature of the executive authority of the State or Territory of the United States where the alleged offense was committed, or in the alternative, the signature of the commandant of the Coast Guard is such offense allegedly transpired in United States maritime jurisdiction. (33 CFR, Part 1.07; see crimes, Part 1.07, Appendix) 2. A properly executed warrant issued by the Governor of Oklahoma, per 22 O.S. 1141.7. 3. Evidence that Plaintiff was afforded due process of law prior to extradition, per 22 O.S. 1141.10, which stipulates that the person who is to be extradited has the opportunity to secure counsel, have an extradition hearing, and, if desired, file an application for writ of habeas corpus against extradition. 4. Documents corresponding to the above for Wayne Richard, Gunwall. 5. A certified copy of the affidavit of complaint underlying grand jury indictments for Case No. #96-CR-082-C, prosecuted in the United States District Court for the Northern District of Oklahoma. 6. A certified copy of the affidavit of complaint underlying grand jury indictments for Case No. #96-CR-113-C, prosecuted in the United States District Court for the Northern District of Oklahoma. Application for Subpoenas Duces Tecum: Page 3 of 16 II. Chief Disclosure Officer, United States Department of Justice The Chief Disclosure Officer for the United States Department of Justice should be ordered by subpoena duces tecum to produce into evidence certified copies of the following: 1. The Constitution of the United States, at Article I, Section 8.15 & Article IV, Section 4, delegates authority for Congress to call up the militia to repel invasion or put down civil uprising in the several States party to the Constitution. Provide documentation of a constitutional provision authorizing the United States to exercise general municipal police powers in the several States party to the Constitution, via civil enforcement agencies and agencies of foreign entities such as the Department of the Treasury, Puerto Rico, and a certified copy of the law, in compliance with 4 U.S.C. 72, which authorizes Department of Justice general municipal powers (police powers) extended throughout the Union of several States party to the Constitution of the United States for prosecution of crimes other than those specified in the Constitution and applicable Amendments, as cited above. 2. A certified copy of the Executive Order, properly published in the Federal Register, per requirements of 3 U.S.C. 301, which authorizes the Attorney General of the United States to exercise general police powers in Union of several States party to the Constitution. Application for Subpoenas Duces Tecum: Page 4 of 16 3. A properly executed delegation of authority which extends authority of the Department of Justice Criminal Division (28 CFR, Part 0.55), and/or the Tax Division (28 CFR, Part 0.70), to exercise of general police powers within the several States party to the Constitution other than on Federal enclaves under United States jurisdiction (18 U.S.C. 7(3), secured in compliance with provisions of 40 U.S.C. 255 and State cession laws (80 O.S. 1, 2 & 3)). 4. A properly executed delegation of authority which extends general municipal authority of the United States Attorney and assistants for the various judicial districts established in the several States party to the Constitution (28 U.S.C. 81 et seq.) beyond United States jurisdiction in the several States as specified at 18 U.S.C. 7(3), with jurisdiction secured in compliance with provisions of 40 U.S.C. 255 and State cession laws (80 O.S. 1, 2 & 3). 5. Statutory authority for the Federal Bureau of Investigation (28 U.S.C. 531), which is an administrative department in the Department of Justice (not created by Congress; no charter in the Library of Congress), to investigate, arrest, bring charges against, or otherwise disturb people living in the several States party to the Constitution, other than officers and employees of United States Government, as specified at 28 U.S.C. 535, and other than in United States jurisdiction defined at 18 U.S.C. 7(3). Application for Subpoenas Duces Tecum: Page 5 of 16 6. Statutory authority, the Executive Order (3 U.S.C. 301), and the Attorney General delegation of authority (44 U.S.C. 1505), which authorizes officers in the U.S. Marshal Service to serve summonses and execute warrants in the several States party to the Constitution save in United States jurisdiction specified at 18 U.S.C. 7(3), secured in accordance with provisions of 40 U.S.C. 255. (reference territorial limitations at Rule 4(d)(2); definition of "Local Law Enforcement Agencies" at 28 CFR, Part 60.3(b)) 7. Documentation of authority by which warrants and summonses issued from an Article IV United States District Court (28 U.S.C. 132) may be executed or served beyond United States jurisdiction in the several States party to the Constitution as defined at 18 U.S.C. 7(3) (see Rule 4(d)(2)). 8. In accordance with provisions of 40 U.S.C. 255, provide verification that the United States has secured general jurisdiction over privately and/or State, county or city-owned real property in the counties of Washington, Kay, and Tulsa, all being within the territorial bounds of Oklahoma state. In the alternative, provide documentation to verify where precisely in the three Oklahoma counties named above, other than Indian reservations and military installations, the United States has secured exclusive or concurrent jurisdiction in compliance with 40 U.S.C. 255 and Oklahoma cession laws, Sections 1, 2 & 3 of Title 80, Oklahoma Statutes. Application for Subpoenas Duces Tecum: Page 6 of 16 9. The Constitution of the United States, at Art. I, Section 8.6, stipulates that Congress may prescribe punishment for counterfeiting securities and current coin of the United States; at Article III, Section 3.2, the Constitution delegates authority for Congress to prescribe punishment for treason; and in various Amendments promulgated since 1868, the Constitution delegates authority for Congress to secure and protect civil rights and voting rights of citizens of the United States. Provide certification of constitutionally delegated authority for the United States to prosecute crimes other than those specified above where such crime is allegedly committed in one of the several States party to the Constitution other than in United States jurisdiction as specified at Article I, Section 8.17 of the Constitution and defined at 18 U.S.C. 7(3). 10. Provide documentation which identifies and discloses the principal of interest, the "UNITED STATES OF AMERICA". Titles 18 & 28 of the United States Code, and the Internal Revenue Code ("IRC") at Section 7402, authorize the "United States" as plaintiff or defendant under laws of the United States. The "United States of America, ss, President of the United States", is the principal of interest in United States courts in Puerto Rico and the Virgin Islands, and serves as nominee for the "Central Authority" or "Competent Authority" (28 CFR, Parts 0.9 & 0.64-1), but the "UNITED STATES OF AMERICA" has no authority vested by the Constitution of the United States, or laws of the United States other than those applicable to United States off-shore territories subject to Congress' Article IV, Section 3.2 municipal authority. Therefore, the "UNITED STATES OF AMERICA" of necessity must be identified by way of appropriate documentation. 11. Provide a certified copy of significant legislative regulations published in the Federal Register in accordance with requirements of 44 U.S.C. 1505 which authorize prosecution of 18 U.S.C. 2, 371, 1341, 1503 & 1504, and 26 U.S.C. 7212 in the Union of several States party to the Constitution of the United States in Article IV United States District Courts. Application for Subpoenas Duces Tecum: Page 7 of 16 III. Department of the Treasury A subpoena duces tecum should be issued to the Chief Disclosure Officer for the national office of the Department of the Treasury, Washington, D.C., to produce certified copies of the following: 1. Provide a copy of law, as required at 4 U.S.C. 72 & 31 U.S.C. 301, which authorizes the Department of the Treasury to exercise general enforcement authority in the several States party to the Constitution of the United States beyond United States jurisdiction, as specified at 18 U.S.C. 7(3). 2. Provide a certified copy of an Executive Order, effected in compliance with 3 U.S.C. 301, which applies to internal revenue laws (customs laws) or excise taxes (subtitles A & C), authorizing the Secretary to establish revenue districts in the several States party to the Constitution, with said Order specifically extending beyond United States jurisdiction within the several States party to the Constitution, as defined at 18 U.S.C. 7(3). Application for Subpoenas Duces Tecum: Page 8 of 16 IV. Internal Revenue Service National Office A subpoena duces tecum should be issued to the Chief Disclosure Officer for IRS, at the Service's national headquarters in Washington, D.C., ordering said Disclosure Officer to provide certified copies of the following: 1. A copy or copies of the master contract, or master contracts, if more than one, which specify the scope of services the IRS is contracted to provide United States Government. For example, such master contracts may stipulate that the IRS is authorized to develop and maintain information-gathering systems, and provide record-keeping services for the Treasury of the United States, or in the alternative, said contract or contracts may be executed with the Federal Reserve System in the Fed's capacity as fiscal agent of the United States. 2. Copies of all applications and other information generated by IRS principals to support applications for Office of Management and Budget numbers issued under Paperwork Reduction Act authority (44 U.S.C. 3501 et seq.) in compliance with regulations at 5 CFR, Part 1320, relating to the family of 1040 information return forms, and OMB numbers assigned to regulations for IRC statutes 6001, 6011, and 6012(a) (disclosure mandated at 5 CFR, Part 1320.14(b)). 3. Certification of statutory and regulatory authority for IRS personnel to directly engage in administrative and/or judicial collection initiatives pertaining to IRC subtitle A & C taxes in the several States party to the Constitution beyond United States jurisdiction, as defined at 18 U.S.C. 7(3) (the Treasury Department, not the Department of the Treasury, is stipulated as the Secretary's delegate at IRC 7701(a)(12)(A) & 7805(a)). Application for Subpoenas Duces Tecum: Page 9 of 16 4. Certification of disclosure requirements pertaining to the 1040 information return form as mandated by regulation at 5 CFR, Part 1320.8(b). Specifically, the following information should be disclosed: (1) What is the reason specified by regulations for collection of information on the 1040 information return form? (2) How is the information to be used? (3) [Not applicable]. (4) Is response on the 1040 information return form voluntary, necessary to secure a benefit (cite authority), or mandatory (cite authority)? (5) [Not applicable]. (6) Does the 1040 information return form disclose that there is no requirement to fill out an information return form if it does not have a currently valid OMB number? Place certified copies of disclosure documents which comply with OMB regulations cited above into record. Application for Subpoenas Duces Tecum: Page 10 of 16 V. Chief Disclosure Officer, Office of Management and Budget A subpoena duces tecum should be issued to the Chief Disclosure Officer for the Office of Management and Budget to produce certified documentation of the following: 1. Documentation of all current OMB numbers for regulations and information-gathering forms issued to Department of the Treasury components, as the term is defined at 31 CFR, Parts 0 & 1. Documentation pertaining to information-gathering forms should at a minimum include disclosure of (1) the current valid number (2) the expiration date, (3) whether or not the form is voluntary, necessary to secure a benefit, or mandatory, (authorities should be cited if the form is necessary to secure or retain a benefit or is mandatory), and (4) what class or category of people is required under mandatory regulations to file 1040 individual income tax return forms. 2. An OMB numerical key which identifies the agency to which OMB numbers are issued, thus disclosing what agency was issued the number appearing on any given information-gathering form. For example, the first four digits in OMB No. 1545-0074 might identify the IRS, where the first four digits in OMB No. 0607-729 might identify the U.S. Department of Commerce. Application for Subpoenas Duces Tecum: Page 11 of 16 VI. Disclosure Officer, Internal Revenue Service, Arkansas-Oklahoma District A subpoena duces tecum requiring the Chief Disclosure Officer for the Arkansas-Oklahoma District, IRS, should require said officer to supply the following certified documentation: 1. Certify documentation of all days and/or continuous periods of time during which Tracy Foster, an Inspector for the IRS who works in the Arkansas-Oklahoma District, served as a Special Government Employee from January 1, 1995 through March 31, 1997. 2. Provide a certified impression of the District Director of Internal Revenue seal for the Arkansas-Oklahoma District, or Oklahoma District, as specified at 26 CFR, Part 301.7514- 1(a)(2)(ii). Said impression should be certified by signature of the District Director or the District officer duly authorized to affix and endorse said seal. 3. Provide the delegation of authority to the officer charged with custody of the district director's seal for the Arkansas-Oklahoma District, IRS (26 CFR, Part 301.7514-1(b)). Application for Subpoenas Duces Tecum: Page 12 of 16 VII. Chief Disclosure Officer for the Administrative Office for United States Courts A subpoena duces tecum should be issued requiring the Chief Disclosure Officer for the Administrative Office for United States Courts to produce the following certified documentation into evidence: 1. Provide a certified copy of statutory authority and regulations which authorize Article IV United States District Courts (28 U.S.C. 132) to exercise judicial powers in the several States party to the Constitution beyond United States jurisdiction as defined at 18 U.S.C. 7(3). 2. Provide a certified copy of statutory authority which authorizes the Article IV United States District Court established in the several States party to the Constitution to exercise general criminal prosecution authority even on Federal enclaves located in the several States, the Article IV District Court of the United States (28 U.S.C. 132), distinguished from district courts of the United States established in the several States, per 28 U.S.C. 81 et seq. (this mandate is exclusive of 18 U.S.C. 3401; implementing regulations for the United States Magistrate System are for misdemeanor offenses on United States military installations and lands under Bureau of Land Management jurisdiction). 3. Provide certified copies of general application regulations (must comply with 44 U.S.C. 1505 requirements) which authorize prosecution of offenses via the United States Magistrate System, accommodated by Article IV United States District Courts located in the several States party to the Constitution, other than petty and misdemeanor offenses on military reservations and installations, and in national parks, etc., under Congress' Article IV, Section 3.2 legislative jurisdiction (this is exclusive of regulations at 32 CFR, Part 1290.1 & 43 CFR, Part 9260.0-1). Application for Subpoenas Duces Tecum: Page 13 of 16 VIII. United States Magistrate Judge Sam Joyner A subpoena duces tecum should be issued to United States Magistrate Judge Sam Joyner requiring him to provide (1) a certified impression of the seal supplied to him by the Director of the Administrative Office of the United States Courts under requirements of 28 U.S.C. 638(c), and certified copies of all entries into his docket book supplied by the Director of the Administrative Office of the United States Courts (28 U.S.C. 638(a)) relating to UNITED STATES OF AMERICA v. DAN LESLIE MEADOR, #96-CR-113-C. IX. United States Magistrate Judge Frank P. McCarthy A subpoena duces tecum should be issued to United States Magistrate Judge Frank P. McCarthy requiring him to (1) provide a certified impression of the seal supplied to him by the Director of the Administrative Office of the United States Courts under requirements of 28 U.S.C. 638(c), and (2) certified copies of all entries into his docket book supplied by the Director of the Administrative Office of the United States Courts (28 U.S.C. 638(a)) relating to UNITED STATES OF AMERICA v. DAN LESLIE MEADOR, #96-CR-113-C. X. Court Clerk for courts of the United States, Northern District of Oklahoma A subpoena duces tecum should issue to the Court Clerk for courts of the United States for the Northern District of Oklahoma for the following: 1. The Court Clerk should provide an impression or ink- impressed seal of the United States District Court for the Northern District of Oklahoma, said court being the Article IV court established under authority of 28 U.S.C. 132. 2. The Court Clerk should provide an impression or ink- impressed seal of the Article III "district court of the United States" for the Northern District of Oklahoma established under authority of 28 U.S.C. 116(a). 3. The Court Clerk should provide a certified copy of his commission as Clerk of the Article IV United States District Court for the Northern District of Oklahoma. 4. The Court Clerk should provide a certified copy of his commission as Clerk of the Article III district court of the United States for the Northern District of Oklahoma. Application for Subpoenas Duces Tecum: Page 14 of 16 Conclusion & Prayer For Relief Each item listed above to be secured by Subpoena Duces Tecum rests squarely on a requirement set out in the Constitution of the United States, statutes and regulations of the United States, or laws of Oklahoma, one of the several States party to the Constitution. Each item requested, or the lack of it, will contribute to proving or disproving venue jurisdiction, subject matter jurisdiction, jurisdiction over person, legal standing, application of law, validity or invalidity of IRS initiatives, and authority of various people serving as judicial officers or in offices of the United States Attorney and the United States Department of Justice. Plaintiff hereby certifies, under penalties of perjury under laws of the United States of America, without the United States (28 U.S.C. 1746(1)), that to the best of my current knowledge, understanding and belief, all matters of law and fact set forth herein are accurate and true. /s/ Dan Meador ___________________________________ ___________________________ Dan Meador Date P.O. Box 2582 Ponca City 74602/tdc OKLAHOMA STATE tel: (405) 765-1415 fax: (405) 765-1146 Application for Subpoenas Duces Tecum: Page 15 of 16 Certification of Service I hereby certify that on the date this instrument is mailed to the Office of the Court Clerk for the United States District Court, Northern District of Oklahoma, Tulsa, a true and correct copy is being mailed by First Class post, United States Postal Service, with adequate postage paid to assure delivery to the following: Stephen C. Lewis United States Attorney United States Courthouse, Suite 3460 333 West Fourth Tulsa 74103/tdc OKLAHOMA STATE /s/ Dan Meador ___________________________________ ___________________________ Dan Meador Date P.O. Box 2582 Ponca City 74602/tdc OKLAHOMA STATE tel: (405) 765-1415 fax: (405) 765-1146 Application for Subpoenas Duces Tecum: Page 16 of 16 # # #
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