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Bing,
Thanks for the suggestions, and I am glad to be here. I do feel that my letter should include a statement to the effect that my application is false and not valid unless accompanied by the USA Passport Application Attachment. I will will try to either place this statement into my request item 2, or put it into my introductory section. Thanks also for the advice against email exchanges. I will see if I can make a few modifications and post a revised version this evening. Do you think that modifying the jurat and conclusion as follows would be acceptable?
Quote:In accordance with 28 U.S.C S1746(1); I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.Sincerely,
(Signature) (Date)
My Name Here
Or does executed on need to be explicitly stated in the jurat. I appears to me that all of the requirements are there, regardless of the actual words “Executed on.”
republic
First of all, thank you for helping me focus on the most important issue at hand. Here is the response that I have formulated at this time. I hope that it has stayed on point, and covers the essential elements addressed in the agency's response and with regards to the separation of the Application Attachment from my passport application. Comments are welcome.
Is it best to leave the issue of the identification alone, or should I include a statement regarding the self authenticating nature of the government issued photo ID? I understand that they only want my drivers license to create the nexus to my SSN and use this as evidence that I am a statutory U.S. citizen and that I have perjured myself.
One issue that I am afraid I have not addressed, although this is not my problem, is the agent's statement regarding the authority only to issue a passport identifying me as a US citizen. Is it safe to assume that after the re-inclusion of the Application Attachment and subsequent failure of them to rebut the definition of “United States,” that upon their issuing of the passport, that the application documents will speak for the definition of “US citizen” should it appear on the passport?
As an interesting note, I was able to obtain the Agent's full name, but not their title. Trying to obtain a direct number to the specific agency for clarification has proved fruitless at present. Also one question, what is your opinion on providing an email address for communication? Should I get a separate account?
Quote:Agent NameUnited States Department of State
Some Passport Agency
Address
Address
Subject: Response to Letter Regarding Delay of Passport
Enclosures:
(1) Letter dated Some recent date
(2) United States of America Passport Application Attachment
Dear Agent Last Name,
I am in receipt of your letter dated Some Recent Date. It is my understanding that you believe that the inclusion of the United States of America Passport Application Attachment, Enclosure(2), as a component of my passport application indicates a denial of being a citizen of the United States, this is a false presumption. The purpose of Enclosure (2) is not to deny the fact that I am a Fourteenth Amendment Citizen, on the contrary, it asserts that this is the case, it does however, clarify a very important ambiguity which is presented by the term “United States.”
It appears to be that the only issue here is one of definitions and not of facts. I maintain that my Application Attachment is necessary to single out, to the exclusion of all others, which of the three possible definitions of the “United States” are implied when I apply for a passport as a citizen of the United States. I will be satisfied by the presentment of evidence indicating which definition of “United States” is meant in the following four contexts: the Fourteenth Amendment, Title 8 of the U.S. code, the
passport, and the DS-11 form.
I ask you to do the following:
1. Re-include Enclosure (2), United States Passport Application Attachment in my my passport application and note that this is an integral part of my application which clarifies terms which determine jurisdiction.
2. Be served notice that the future separation of the United States Passport Application Attachment from my passport application does render it not valid and FALSE, and furthermore, whoever separates these in the future does suborn perjury.
3. I urge you to stick to the only issue raised in the USA Passport Application Attachment, namely, the evidence supporting the definition of “United States” as used in the four aforementioned contexts.
4. Provide acknowledgment of the receipt of this letter by one or both of the following:
4.1. Send my passport without further delay.
4.2. Send a response indicating receipt and if necessary, that as the agent responsible for this particular application, you have obtained clarification from your superiors regarding the only issue raised in both Enclosure (2) and in your response, Enclosure (1), as to which definition of “United States” is asserted in the following four contexts: the Fourteenth Amendment, Title 8 of the U.S. code, the passport, and form DS-11.
5. In any response regarding the definition of “United States,” please provide the following information:
5.1. The name, phone number, mailing and email addresses of the individual who provided the claim which you are making.
5.2. The delegation of authority with specifically authorizes this individual to make this claim.
5.3. Proof that this individual is legally responsible for what they say as a government employee, so that I may have reasonable cause to believe this claim. This proof must come in the form of a perjury statement and a court case cite proving that if the individual making the claim says something false to me, that individual may be, can, and will be held legally responsible for that.
5.4. All evidence needed to satisfy the burden of proving every claim you or your superior make in your response as required by 5 U.S.C S556(d). All evidence must be admissible in court and signed under penalty of perjury, just as everything I submit to you must be.
6. Do not further delay the processing of my passport application and thereby unlawfully deny me of my right to travel.
I declare under penalty of perjury from without the “United States” and from within the “United States of America,” a foreign state, in accordance with 28 U.S.C S1746(1) that everything in this correspondence and all attachments are true and complete to the best of my knowledge and belief.
Sincerely,
My Name Here
republic
To clarify an important point, I was not able to write the subornation of perjury clause when I signed the DS-11. I thought it was a coup that the passport agent even included the Attachment within the “official staple.” Perhaps my first course of action is to return the USA Passport Application Attachment to the Agency to the attention of the individual who provided the return envelope, with a letter notifying him/her that this is an integral part of my application as it defines portions of the DS-11 which are vague and open to interpretation and in the letter indicate that future removal of this portion of my application will cause the remover to have suborn perjury. Perhaps I should ask for this letter to be also included in the application as it will clarify the matter for a future handlers of the application. Then I can ask them to re-review my complete application and see if it satisfies the sole requirement for the issuance of a passport, allegiance.
Republic
