DEMAND TO SHOW CAUSE And. Affidavit of Fact

Transcription

1 DEMAND TO SHOW CAUSE And Affidavit of Fact ~b~~' i;!v!eo loll To: Christine Gregoire, d.b.a. WAST Governor 416 Sid Snyder Ave SW, Suite 200 PO Box Olympia, WA To: Secretary of State, d.b.a. WA ST Secretary State, Washington Secretary of State PO Box Legislative Building Olympia, WA To: Rob Mckenna, d.b.a. WA ST Attorney General, 1125 Washington Street SE PO Box Olympia, WA To: Marc Boldt, d.b.a. Clark County Commissioner Steve Stuart, d.b.a. Clark County Commissioner Tom Mielke, d.b.a. Clark County Commissioner P.O. Box 5000 Vancouver, Washington To: Tony Golik d.b.a. Clark County Prosecutor 1013 Franklin Street PO Box 5000 Vancouver WA To: Greg Kimsey, d.b.a. Clark County Auditor Paul Harris, d.b.a. Clark County Records Supervisor Lydia Gherman, d.b.a. Clark County Records Clerk P.O. Box 5000 Vancouver, Washington JUN Prosecutor's Office From: David A. Darby, Sovereign Free Man POBox 772 Amboy, Washington Non Domestic Zip Exempt Page 1 of7

2 Affidavit of FACT I, David A. Darby, Sovereign Free Man, did on this 29 th Day, of May AD 2012, present for recording for the first time, lawful Lien Documents in commerce to the County Recorder s office to be placed into public Record. I was informed by Lydia Gherman, Clark County Records Clerk, that the County of Clark, State of WASHINGTON, in opposition to Federal Code(s), (see Pages 3 thru 5) will not accept these documents for recording. The clerk took the document to her supervisor; I assume Paul Harris and I assume that they determined that the documents were frivolous and by RCW s they did not have to file such papers. These were her words. I have since read the RCW s and found that there is no such RCW code. It is not up to clerks and/or supervisors to make this determination. Only a jury can rule on these documents. I presented the Criminal Complaint Lien in question to be heard by a jury and was dismissed in an illegal action by a Federal Judge. It was never given to a lawful Grand Jury. Since, this criminal complaint has two parts, (an Affidavit of Fact and a Commercial Lien) the second part is now a lawful action against all that do not protect the people of the state of Washington. I was told by the recording clerk (Lydia Gherman) that I have to go to the prosecuting Attorney, Tony Golik who is also named in this commercial lien, so he could decide and issue a letter confirming or denying that it was ok to file the commercial lien. Again, according to Federal Code it is not up to the Prosecuting Attorney to determine what a sovereign free man or woman presents to the county recorder. I have since discovered that while the Clerk, Lydia Gherman, and her supervisor had the Lien document in their possession, they unlawfully copied it for Greg Kimsey, the auditor. Greg Kimsey is also named as a defendant in this commercial lien. When going into Greg Kimsey s office Friday June 1 st, AD 2012, We (myself, Rich Aydelott, and Lowell Miller) were led into Mr. Kimsey s office by a gentleman (with English accent) where we saw part of the copied commercial lien document (that had been taken by the Clerk Lydia Gherman, when she went to see her supervisor on May 29 th AD 2012), laying on Greg Kimsey s desk. By the following Federal Codes, this constitutes a lawful service to the County Recorder. This is now raising the stakes to the level of the Federal Law under Conspiracy and RICO. Page 2 of 7

3 I am a citizen of the organic State of Washington, which also makes me a citizen of the organic United States of America. Lawful documents must be recorded by the County Records Clerk in the office of the County auditor or whoever records legal documents as directed by the lawful 1787 Constitution for the United States of America, the lawful 1878 Constitution of the State of Washington and United States Codes that are listed on pages 3-5. All documents are required by Constitutional law to be recorded in public record when submitted to the county recorder After lawful recording of the Criminal Complaint Lien, that is now in default on the part of the named public officials, in public record, authorities and other free men will have access to the lawfully recorded document(s). The following is my evidence as to my lawful request to record the commercial lien into the public record. The minute the County Records Clerk, receives any document, it shall be recorded according to the following case site. Case site is used only to show the upholding of the Maxims of Law and the following of the 1787 Constitution for the United States. If there is any disagreement with another case, then that case would have to explain the Maxim of Law that it is supporting. Biffle v. Morton Rubber Indus., Inc., 785 S.W.2d 143, 144 (Tex.1990). An instrument is deemed in law filed at the time it is delivered to the clerk, regardless of whether the instrument is file marked. Should you refuse to record My documents, once deposited with you, you are committing a crime under Title 18 USC 1001 & 2071 and it is punishable by fines and imprisonment. If your attorney told you not to file any documents like mine, you are still responsible, as I do not accept any third party interveners. Any attorney, district attorney, or anyone from the lawyering craft are all third parties and do not have a license to make a legal determination in this matter as they do not represent Me and you, the county clerk, and do not have the authority to represent Me. Title 18 USC Crimes and Criminal Procedure Part I Crimes Chapter 101 Records and Reports 1. Sect STATEMENTS OR ENTRIES GENERALLY: Page 3 of 7

4 (Clerks (both county and court), Judges, Attorneys, Registrars, Recorders, and/or other public servants refusal to record a document presented to them to be recorded in the public records) Concealment is a Felony Offense (Public Records is with the County Clerk or Recorder) (In courts there is County, State Federal is District ) All Civil Rights violations are Criminal, this is to be entered into the Federal (District). (a) Except as otherwise provided in this section, whoever, in any matter within the jurisdiction of the executive, legislative, or judicial branch of the Government of the United States, knowingly and willfully (1) Falsifies, conceals, or covers up by any trick, scheme, or device a material fact; (2) makes any materially false, fictitious, or fraudulent statement or representation; or (3) makes or uses any false writing or document knowing the same to contain any materially false, fictitious, or fraudulent statement or entry; shall be fined under this title, imprisoned not more than 5 years or, if the offense involves international or domestic terrorism (as defined in section 2331), imprisoned not more than 8 years, or both. If the matter relates to an offense under chapter 109A, 109B, 110, or 117, or section 1591, then the term of imprisonment imposed under this section shall be not more than 8 years. (b) (c) Subsection (a) does not apply to a party to a judicial proceeding, or that party s counsel, for statements, representations, writings or documents submitted by such party or counsel to a judge or magistrate in that proceeding. With respect to any matter within the jurisdiction of the legislative branch, subsection (a) shall apply only to (1) administrative matters, including a claim for payment, a matter related to the procurement of property or services, personnel or employment practices, or support services, or a document required by law, rule, or regulation to be submitted to the Congress or any office or officer within the legislative branch; or (2) any investigation or review, conducted pursuant to the authority of any committee, subcommittee, commission or office of the Congress, consistent with applicable rules of the House or Senate. Section 2071 Concealment, removal, or mutilation generally (a) Whoever willfully and unlawfully conceals, removes, mutilates, obliterates, or destroys, or attempts to do so, or, with intent to do so takes and carries away any record, proceeding, map, book, paper, document, or other thing, filed or deposited with any clerk or officer of any court of the United States, or in any public office, or with any judicial or public officer of the United States, shall be fined under this title or imprisoned not more than three years, or both. (b) Whoever, having the custody of any such record, proceeding, map, book, document, paper, or other thing, willfully and unlawfully conceals, removes, mutilates, obliterates, falsifies, or destroys the same, shall be fined under this title or imprisoned not more than three years, or both; and shall forfeit his office and be disqualified from holding any office under the United States. As used in this Page 4 of 7

5 subsection, the term ''office'' does not include the office held by any person as a retired officer of the Armed Forces of the United States. Revised Statutes of The United States, 1st session, 43 Congress Title LXX.---CRIMES.--- CH. 4. CRIMES AGAINST JUSTICE SEC (Destroying, &c., public records.) Every person who willfully destroys or attempts to destroy, or, with intent to steal or destroy, takes and carries away any record, paper, or proceeding of a court of justice, filed or deposited with any clerk or officer of such court, or any paper, or document, or record filed or deposited in any public office, or with any judicial or public officer, shall, without reference to the value of the record, paper, document, or proceeding so taken, pay a fine of not more than two thousand dollars, or suffer imprisonment, at hard labor, not more than three years, or both: [See 5408, 5411, ] SEC (Conspiracy to defeat enforcement of the laws.) If two or more persons in any State or Territory conspire for the purpose of impeding, hindering, obstructing, or defeating, in any manner, the due course of justice in any State or Territory, with intent to deny to any citizen the equal protection of the laws, or to injure him or his property for lawfully enforcing, or attempting to enforce, the right of any person, or class of persons, to the equal protection of the laws, each of such persons shall be punished by a fine of not less than five hundred nor more than five thousand dollars, or by imprisonment, with or without hard labor, not less than six months nor more than six years, or by both such fine and imprisonment. See , , SEC (Destroying record by officer in charge.) Every officer, having the custody of any record, document, paper, or proceeding specified in section fifty-four hundred and three, who fraudulently takes away, or withdraws, or destroys any such record, document, paper, or proceeding filed in his office or deposited with him or in his custody, shall pay a fine of not more than two thousand dollars, or suffer imprisonment at hard labor not more than three Page 5 of 7

6 years, or both-, and shall, moreover, forfeit his office and be forever afterward disqualified from holding any office under the Government of the United States. DEMANDS I, David A. Darby, Sovereign Free Man, demand that the Governor and the Secretary of State of Washington issue a directive, to all government officials assigned in all the different counties within the State of Washington, to record such documents, such that in the future those same clerks record all lawful documents when presented to the county to be recorded into the public record. It is not up to the clerk or auditor to decide what documents to take. I, David A. Darby, Sovereign Free man, demand that the Clark County officials issue orders to all employees in the recording office of the county accept all requests to file a document as requested per Title 18 USC I, David A. Darby, Sovereign Free Man, give notice to: Christine Gregoire d.b.a. as the Governor of WASHINGTON STATE, Sam Reed d.b.a. as the Secretary of State of WASHINGTON STATE, Rob McKenna d.b.a. Attorney General of WASHINGTON STATE, Marc Boldt d.b.a. Clark County Commissioner, Steve Stuart d.b.a. Clark County Commissioner, Tom Mielke d.b.a. Clark County Commissioner, d.b.a. Commissioners of CLARK County, WASHINGTON STATE and Greg Kimsey d.b.a. as Auditor of Clark County take the necessary steps to require CLARK COUNTY and all counties in the State of Washington to record all lawful documents. You have 30 days to do as the lawful 1787 Constitution for the United States, Supreme law of the land and the 1878 Constitution of the State of Washington demands. If a listed Addressee does not answer this lawful Demand Affidavit, by Counter-Affidavit with findings of fact and conclusions of law, by Point-by-Point Rebuttal, under penalty of Perjury and upon their Commercial Liability within 30 days, the Addressee loses by default and this will immediately be submitted to the US Attorney or Magistrate Judge as evidence of a Constitutional Criminal Felony(s). I will assume that you are continuing to break the Laws of the United States of America, and by Title 18, Sections 3 &4; I will file a Constitutional Criminal Complaint with the United States Attorney or Magistrate judge. By your oaths to uphold the Constitution of the United States of America and the lawful 1878 Constitution of the State of Washington, this constitutes a criminal and felonious action. I, David A. Darby, hereby demand the Surety Bond number(s) and Bonding Agent(s) of each of the above listed Defendants for the purpose of commencing Constitutional Criminal Actions. I expect this information immediately after receipt of this affidavit. Page 6 of 7

7 VERIFICATION I, David Arthur Darby, Sovereign Common Law Free Man of Inherent Jurisdiction, Affiant, do hereby certify and affirm on my own commercial liability, that I have read the foregoing and know th content thereof and that, to the best of my knowledge the above Affidavit is True, Correc,Co plete and not Misle, to the best of my Knowledge. The truth, the whole truth, and no ing ut the trut So He Me od. Signed: --L...-~--=--(~~~<+--"""""'V ''----- Date: ~ l-- [STATE] N/JJhfJ1~ [COUNTY] -----"""CJ:..=tiJdc"-=- _ ) s.s.: On this ~ day of J/AM,20 J2., ) The above signatory before me personally appears with picture ID and executes the forgoing instrument and acknowledges it to be his/her free act and deed. ~A ~ My Commission Expires: R/;?/~/<S Notary Public Page 70f7