IN THE UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA, )
)
Plaintiff, )
)
v. ) Case # 96-CR-113-C
)
DAN MEADOR, )
)
Defendant. )
______________________________)
APPLICATION FOR SUBPOENAS DUCES TECUM
Now comes Dan Meador, Sui Juris, a Citizen of Oklahoma, one
of the several States party to the Constitution of the United
States, a national of the United States, as the term is defined
at 8 U.S.C. § 1101(a)(22), and a "nonresident alien" of the
geographical United States, as the term is defined at § 7701(b)
of the Internal Revenue Code of 1954 (Vol. 68A, Statutes at
Large).
With causes supported by brief, the defendant herewith makes
application for issuance of subpoenas duces tecum to the
following Government and independent agencies which perform on
contract to provide services for United States Government:
United States of America v. Dan Leslie Meador:
Page 1 of 10
I. 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 §
8.15 & Article IV § 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 which authorizes the
United States to exercise general municipal police powers in the
several States party to the Constitution 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 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 properly executed delegation of authority which
extends authority of the Department of Justice Criminal Division
(28 CFR, Part 0.55) general municipal authority to the several
States party to the Constitution and the American people living
in said states 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).
3. A properly executed delegation of authority which
extends authority of the Department of Justice Criminal Division
(28 CFR, Part 0.70) general municipal authority to the several
States party to the Constitution and the American people living
in said states 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).
United States of America v. Dan Leslie Meador:
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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.
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 those
specified at 28 U.S.C. § 535; officers and employees of United
States Government), other than in United States jurisdiction
specified at 18 U.S.C. § 7(3).
6. Statutory authority, the Executive Order, and the
Attorney General delegation of authority which authorizes
officers in the office of 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.
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 (18
U.S.C. § 7(3); see Rule 4(d)(2)).
United States of America v. Dan Leslie Meador:
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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-owned real property in
Washington County, Kay County, and Tulsa County, Oklahoma. In the
alternative, provide documentation to disclose where precisely in
the three Oklahoma counties named above, other than Indian
reservations and military reservations, where the United States
has secured exclusive or concurrent jurisdiction.
9. The Constitution of the United States at Art. I § 8.6,
stipulates that Congress may prescribe punishment for
counterfeiting securities and current coin of the United States;
at Article III § 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 enforce 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 § 8.17 of the Constitution and 18 U.S.C. §
7(3).
United States of America v. Dan Leslie Meador:
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II. 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,
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 (3
U.S.C. § 301), other than E.O. No. 10289, which applies to
internal revenue laws (customs laws), authorizing the Secretary
to establish revenue districts in the several States party to the
Constitution, with said Order specifically extending beyond
United States jurisdiction, as defined at 18 U.S.C. § 7(3).
III. Internal Revenue Service National Office
A subpoena duces tecum should be issued to the Chief
Disclosure Officer for Internal Revenue Service, 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 Internal Revenue Service is contracted to provide United
States Government.
For example, such master contracts may stipulate that the
Internal Revenue Service is authorized to develop and maintain
systems, and provide record-keeping services for the Treasury of
the United States, or in the alternative, said 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 Internal Revenue Service 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
(authorized at 5 CFR, Part 1320.14(b)).
United States of America v. Dan Leslie Meador:
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3. Certification of statutory and regulatory authority for
Internal Revenue Service personnel to directly engage in
administrative and/or judicial collection initiatives pertaining
to Internal Revenue Code 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).
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 and/or instructions accompanying the
form inform people who might complete the form that they are not
required to complete it if it does not have a currently valid OMB
number on it?
Place a certified copies of disclosures which comply with
OMB regulations cited above into record.
United States of America v. Dan Leslie Meador:
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IV. Chief Disclosure Officer,
Office of Management and Budget
A subpoena duces tecum should issue 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, if any, (2) the expiration date, and (3) whether or
not the form is voluntary, necessary to secure a benefit, or (3)
mandatory.
2. An OMB numerical key which matches the agency to which
OMB numbers are issued with the number for any given OMB number
issued to an information-gathering regulation or form. In other
words, the key should disclose what agency is identified by the
four digit number which is used for such identification.
3. A determination of "1040" liability for Kenney F. Moore
and Colleen Moore, premised on information which will be provided
under an affidavit attesting facts which will be supplied by the
Moores, in compliance with provisions of 5 CFR, Part 1320.14(c).
United States of America v. Dan Leslie Meador:
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V. Chief Disclosure Officer, Internal Revenue Service,
Arkansas-Oklahoma District
A subpoena duces tecum requiring the Chief Disclosure
Officer for the Arkansas-Oklahoma District, Internal Revenue
Service, should require said officer to supply the following
certified documentation:
1. Notice from the Secretary (district director) which
informed Kenney F. Moore and/or Colleen Moore of liability for
taxes prescribed under Subtitles A & C of the Internal Revenue
Code (26 CFR, Parts 1.6001-1(d) & 31.6001-6).
2. Properly executed records of assessment (Form 23C), in
compliance with provisions of 26 CFR, Part 301.6203-1, plus
copies of all support documents, for "1040" assessments issued
against Kenney F. Moore and/or Colleen Moore, for calendar years
1982 through 1992.
3. The order issued by a court of competent jurisdiction
which authorized seizure and sale of Kenney F. Moore and Colleen
Moore property (rights preserved at 26 U.S.C. § 7804(b)).
4. Identify the taxing statute which discloses the
service, transaction or object of tax assessed by way of 1040
"Kind of Tax" issued against Kenney F. Moore and/or Colleen
Moore.
5. Identify the statute which specifies that Kenney F.
Moore and/or Colleen Moore are "persons liable" for the tax
specified by the taxing statute identified in Item 4 above.
6. Certify documentation of all days and/or continuous
periods of time during which Tracy Foster, an Inspector for the
Internal Revenue Service who works in the Arkansas-Oklahoma
District, served as a Special Government Employee from January 1,
1995 through March 31, 1997.
7. Certify copies of original lien documents which support
each assessment for which a "notice of lien" was filed against
Kenney F. Moore and/or Colleen Moore in the office of the County
Clerk for Washington County, Oklahoma.
United States of America v. Dan Leslie Meador:
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VI. Chief Disclosure Officer for the
Administrative Office for United States Courts
A subpoena duces tecum 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 which
authorizes Article IV United States District Courts (28 U.S.C. §
132) to exercise general police 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 as districts for district
courts of the United States are established in the several
States, per 28 U.S.C. §§ 81 et seq. (this mandate is exclusive of
18 U.S.C. § 3401)
3. Provide certified copies of regulations 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 § 3.2 legislative jurisdiction (this is exclusive of
regulations at 32 CFR, Part 1290.1 & 43 CFR, Part 9260.0-1).
United States of America v. Dan Leslie Meador:
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VII. United States Magistrate Judge Sam Joyner
A subpoena duces tecum should be issued to United States
Magistrate Judge Sam Joyner to provide a certified impression of
the seal provided to him by the Director of the Administrative
Office of the United States Courts under requirements of 28
U.S.C. § 638(c).
VIII. United States Magistrate Judge ---- McCarthy
A subpoena duces tecum should be issued to United States
Magistrate Judge *** McCarthy requiring him to 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).
United States of America v. Dan Leslie Meador:
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