How Challenge Oath AND Jurisdiction

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Bob Hurt

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Jun 27, 2006, 8:47:31 PM6/27/06

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I just received this from Dr. Bruce Weatherly. If you do not understand it, you can call him. I have included the actual USC for relevant references BELOW the courtroom comments. If you want to use this, you must first have the judge’s oath in hand. You can request it with a FOIA letter (example below, in accordance with 5 U.S.C. 552).

You will notice the salient difference between USDC (legislative court) and DCUS (constitutional court) in the argument. The FOIA requests the judge’s appointment to the USDC. Why would you assume that if the judge presides over a USDC, that automatically means the judge presides over a DCUS? If the response shows only appointment to USDC, then might you properly challenge the judge’s jurisdiction in the constitutional court?

Bob Hurt

By Dr. Bruce Weatherly…

After you have challenged the Court on its oath and have moved on you can constantly come back to it as the issues are addressed as in this example of an IRS summons case. You will see how you can get back around to it from the issue used below and yet it is on a different subject. If some of this is not clear we will try to answer whatever it is, especially if you may be facing the IRS in Court at some point soon, I am at 662-489-6554, Dr. Weatherly

Your honor this summons of records is brought under

26 USC 7402(b)

If any person is summoned under the internal revenue laws to testify, or to produce books, or other data, the district court of the United States for the district in which such person resides or may be found shall have jurisdiction....

26 USC 7604(a)

If any person is summoned under the internal revenue laws to testify, or to produce books or other data, the United States district court for the district in which such person resides or is found shall have jurisdiction

As has been shown "Residence" signifies living in particular locality while being a citizen or domiciled elsewhere.

(Black's Law Dictionary, Sixth Edition, page 485) says “For purpose of federal diversity jurisdiction, "citizenship" and "domicile" are synonymous.

By definition “Residence" is used to mean someone who has legal or permanent status as citizen of another government or jurisdiction legally foreign to that state [of the republic]. Defendant has denied by sworn affidavit Plaintiff’s use of the term “resides” applied to him, which is unrefuted in any way, in an attempt to identify my jurisdictional status as anything other than a sovereign born de jure state Citizen domiciled on the land, on Georgia, a state of the Constitutional republic, United States of America.

As we have thoroughly documented and discussed A federal "citizen of the United States" is a “Resident" of Georgia”, “residing” on that state of the republic but having citizenship of a political jurisdiction legally foreign to it, [and foreign to the 50 states of the republic, United States of America.]

Whereas Defendant has shown by sworn, unrebutted testimony and documentation in law, he is a sovereign born de jure state Citizen domiciled on the land, on Georgia, a state of the republic. I am legally domestic to Georgia, the state of the republic, not foreign.

I do not have citizenship of a political jurisdiction legally foreign to it. Therefore I do not reside on Georgia as citizen of another jurisdiction foreign to that state of the republic.

And unless this is a Court of the constitutional republic of the 50 states, the United States of America that has jurisdiction in and of the 50 states of the union that is that constitutional republic, and over the state of the republic, Georgia, then it is clear I do not reside in a district of and as citizen of this court’s jurisdiction, foreign to Georgia, the state of the republic as I am a de jure state Citizen domiciled on the land, on Georgia, the state of the republic.

Further, your honor,

7402(b) says, the district court of the United States ....shall have jurisdiction....

7604(a) says,

the United States district court ...shall have jurisdiction

As we have thoroughly documented and discussed these are different courts for legally different jurisdictions bearing the name “United States”.

Your honor the Court has declined to tell us which United States its oath is to, or which “United States” it and the law supporting this action has jurisdiction in when the Courts and the law recognize there is more than one “United States”.

If this Court or opposing counsel will not establish the jurisdiction of the Court and the law applied here is for the 50 states of the constitutional republic, the United States of America;

which Defendant has shown by sworn, unrebutted testimony and documentation in law, that on one of which states of the republic he is a citizen and domiciled, then The Court is proceeding with its jurisdiction, and that of the law supporting this action challenged and unestablished, on the record, by name, in violation of the Supreme Court and its own rules leaving it open to serious legal consequences if it does not distinguish on the record which “United States” its oath is to, and which one it and the law of this case has jurisdiction in.

And We ask again, the Court establish its and the law’s jurisdiction now or dismiss this case from its Court and recuse itself from trying to rule impartially on such a question that obviously threatens its ability to hold its office in conflict with its own interests which we will raise in post judgment motions in subpoena of the documents and persons to testify on the Court’s actual jurisdiction and setting under its oaths and certifications of office in this and other courts of constitutional jurisdiction.

What says the Court your honor?

Is its jurisdiction the federal United States of possessions and territories, or the federal corporation United States created by statutory law and its political jurisdictions, which the Supreme Court has ruled repeatedly are not the 50 states of the union,

OR is it one if the 50 states of the constitutional republic, United States of America??

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TITLE 26 > Subtitle F > CHAPTER 76 > Subchapter A >

§ 7402. Jurisdiction of district courts

(a) To issue orders, processes, and judgments

The district courts of the United States at the instance of the United States shall have such jurisdiction to make and issue in civil actions, writs and orders of injunction, and of ne exeat republica, orders appointing receivers, and such other orders and processes, and to render such judgments and decrees as may be necessary or appropriate for the enforcement of the internal revenue laws. The remedies hereby provided are in addition to and not exclusive of any and all other remedies of the United States in such courts or otherwise to enforce such laws.

(b) To enforce summons

If any person is summoned under the internal revenue laws to appear, to testify, or to produce books, papers, or other data, the district court of the United States for the district in which such person resides or may be found shall have jurisdiction by appropriate process to compel such attendance, testimony, or production of books, papers, or other data.

Any officer or employee of the United States acting under authority of this title, or any person acting under or by authority of any such officer or employee, receiving any injury to his person or property in the discharge of his duty shall be entitled to maintain an action for damages therefor, in the district court of the United States, in the district wherein the party doing the injury may reside or shall be found.

[(d) Repealed. Pub. L. 92–310, title II, § 230(d), June 6, 1972, 86 Stat. 209]

(e) To quiet title

The United States district courts shall have jurisdiction of any action brought by the United States to quiet title to property if the title claimed by the United States to such property was derived from enforcement of a lien under this title.

(f) General jurisdiction

For general jurisdiction of the district courts of the United States in civil actions involving internal revenue, see section 1340 of title 28 of the United States Code.

TITLE 26 > Subtitle F > CHAPTER 78 > Subchapter A >

§ 7604. Enforcement of summons

(a) Jurisdiction of district court

If any person is summoned under the internal revenue laws to appear, to testify, or to produce books, papers, records, or other data, the United States district court for the district in which such person resides or is found shall have jurisdiction by appropriate process to compel such attendance, testimony, or production of books, papers, records, or other data.

(b) Enforcement

Whenever any person summoned under section 6420 (e)(2), 6421 (g)(2), 6427 (j)(2), or 7602 neglects or refuses to obey such summons, or to produce books, papers, records, or other data, or to give testimony, as required, the Secretary may apply to the judge of the district court or to a United States magistrate judge for the district within which the person so summoned resides or is found for an attachment against him as for a contempt. It shall be the duty of the judge or magistrate judge to hear the application, and, if satisfactory proof is made, to issue an attachment, directed to some proper officer, for the arrest of such person, and upon his being brought before him to proceed to a hearing of the case; and upon such hearing the judge or the United States magistrate judge shall have power to make such order as he shall deem proper, not inconsistent with the law for the punishment of contempts, to enforce obedience to the requirements of the summons and to punish such person for his default or disobedience.

(1) Authority to issue orders, processes, and judgments

For authority of district courts generally to enforce the provisions of this title, see section 7402.

(2) Penalties

For penalties applicable to violation of section 6420 (e)(2), 6421 (g)(2), 6427 (j)(2), or 7602, see section 7210.

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TITLE 28 > PART I > CHAPTER 21 >

§ 453. Oaths of justices and judges

Each justice or judge of the United States shall take the following oath or affirmation before performing the duties of his office: “I, XXX XXX, do solemnly swear (or affirm) that I will administer justice without respect to persons, and do equal right to the poor and to the rich, and that I will faithfully and impartially discharge and perform all the duties incumbent upon me as XXX under the Constitution and laws of the United States. So help me God.”

TITLE 5 > PART III > Subpart A > CHAPTER 21 >

§ 2104. Officer

(a) For the purpose of this title, “officer”, except as otherwise provided by this section or when specifically modified, means a justice or judge of the United States and an individual who is—

(1) required by law to be appointed in the civil service by one of the following acting in an official capacity—

(A) the President;

(B) a court of the United States;

(D) the Secretary of a military department;

(2) engaged in the performance of a Federal function under authority of law or an Executive act; and

(3) subject to the supervision of an authority named by paragraph (1) of this section, or the Judicial Conference of the United States, while engaged in the performance of the duties of his office.

(b) Except as otherwise provided by law, an officer of the United States Postal Service or of the Postal Rate Commission is deemed not an officer for purposes of this title.

TITLE 5 > PART III > Subpart A > CHAPTER 29 > SUBCHAPTER I >

§ 2902. Commission; where recorded

(a) Except as provided by subsections (b) and (c) of this section, the Secretary of State shall make out and record, and affix the seal of the United States to, the commission of an officer appointed by the President. The seal of the United States may not be affixed to the commission before the commission has been signed by the President.

(b) The commission of an officer in the civil service or uniformed services under the control of the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Defense, the Secretary of a military department, the Secretary of the Interior, or the Secretary of the Treasury shall be made out and recorded in the department in which he is to serve under the seal of that department. The departmental seal may not be affixed to the commission before the commission has been signed by the President.

(c) The commissions of judicial officers and United States attorneys and marshals, appointed by the President, by and with the advice and consent of the Senate, and other commissions which before August 8, 1888, were prepared at the Department of State on the requisition of the Attorney General, shall be made out and recorded in the Department of Justice under the seal of that department and countersigned by the Attorney General. The departmental seal may not be affixed to the commission before the commission has been signed by the President.

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Examples of FOIA Request (from http://supremelaw.org)

FREEDOM OF INFORMATION ACT REQUEST

January 15, 2002 A.D.

Disclosure Officer

Office of the Attorney General

U.S. Department of Justice

Address for your district

Subject: Freedom of Information Act (“FOIA”) Request

Dear Disclosure Officer:

This is a request under the Freedom of Information Act. I request that a certified copy of the following document be provided to Me, without delay:

1. commission signed by the President of the United States of America and countersigned by the Attorney General, appointing the Hon <Judge’s Name> to the office of federal judge, as required by 5 U.S.C. sections 2104 and 2902. (<Judge’s Name> currently claims to have been duly commissioned to preside on the United States District Court for the <region> District of <State> at <City and State of District Court>.)

2. oath of office sworn or affirmed by the Hon <Judge’s Name> as required by the U.S. Constitution, Article VI and 28 USC 453.

I request a waiver of all fees for this request.

Disclosure of the requested information to Me is in the public interest, because it is likely to contribute significantly to public understanding of the operations and activities of the federal government, and is not primarily in My commercial interest.