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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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