INJURY DEFENSE FRANCHISE AND AGREEMENT FORM INSTRUCTIONS
1. PURPOSE:
This form is a defensive tool for use by those interfacing with either a government officer or government agency. Its purpose is to:
1. Establish and protect your sovereignty. 2. Preserve your equitable position and prevent you from becoming unequal or inferior in relation to any government or
government actor. The only way you can become unequal is by consenting to it in some form. 3. Ensure that you cannot lawfully participate in any franchise court or be subject to the whims of any government agency
or the administrative law that implements it, such as: 3.1. Traffic Court. 3.2. Family Court. 3.3. Tax Court. 4. Invoke ONLY the protections of the common law and not statutory civil law. All statutory civil law is law for
government and not private human beings. 5. Ensure that everyone you deal with in the government is constrained to provide the ONLY thing that government was
established for, which is to protect private property and private rights. 6. Impose an anti-franchise franchise that prevents the enforcement of any government franchise against you. 7. Maintain the status of your PRIVATE property as private and prevent it from being donated to a public use, public
purpose, or public office without your express written consent. 8. Establish, preserve, and protect your proper status within existing state and federal law. 9. Prevent private people from being victimized by the presumptions of others by defining the meaning of all words and
burden of proof against the government in redefining them. 10. Keep you disconnected from all government statutory civil law, which can lawfully regulate only government actors
and instead impose only the common law for the protection of your rights. 11. Invoke all the same presumptions against the government that they invoke against you and therefore turn the tables. 12. Prevent any commercial use of materials or services or interactions by Government Actor as against Protected Party.
The authority for creating and enforcing this franchise and agreement is the requirement for equal protection and equal treatment that is the foundation of the United States Constitution. Since governments have implemented franchises on a grand scale, we claim the EQUAL right to establish and enforce similar franchises to prevent us from being compelled to be part of theirs.
Attach this form to correspondence sent to the government to give reasonable notice of what the recipient mandatorily agrees to as a condition of either demanding or receiving any of your property or services.
2. OTHER FORMS THIS FORM IS REFERENCED IN
This form is incorporated by reference into the following other forms. Therefore, there is no need to add it to these forums: 2.1. SEDM Member Agreement, Form #01.001, Section 5
http://sedm.org/Forms/FormIndex.htm 2.2. SEDM Disclaimer, Section 5
http://www.sedm.org/disclaimer.htm 2.3. Deposition Handout: Member Deposition, Form #03.005, Exhibit 1
http://sedm.org/Forms/FormIndex.htm 2.4. Federal Pleading/Motion/Petition Attachment, Litigation Tool #01.002, Section 8
http://sedm.org/Litigation/LitIndex.htm 2.5. Affidavit of Citizenship, Domicile, and Tax Status, Form #02.001, Section 4
http://sedm.org/Forms/FormIndex.htm 2.6. Tax Form Attachment, Form #04.201, Section 6
Injury Defense Franchise and Agreement 1 Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 06.027, Rev. 10-26-2010
http://sedm.org/Forms/FormIndex.htm
3. FREQUENTLY ASKED QUESTION(S)
3.1. QUESTION 1: Why would anyone in their right mind want to sign or consent to this agreement?”
Hi, I just finished reading the Injury Defense Franchise and Agreement, Form 06.027. At the end of this document, there is a page for the signature of the Protected Party AND signature of the "Government Actor."
My question is .... no "government actor" in his/her right mind is actually going to sign this document, so I would like to know what it is that "binds" the government actor to the stipulations within the Anti Franchise Franchise.
I realize that WE DID NOT agree to the stipulations of their franchises either, at least not knowingly, and that this is kind of the whole point in making the Anti Franchise Franchise, but how can this be used against them if they refuse to sign it, which they obviously will do?
3.2. ANSWER 1:
What binds them is the SAME thing that binds us to THEIR franchise: Acceptance of the "benefits" of the relationship. Those "benefits" are enumerated in this document itself. Here are some legal authorities documenting that the acceptance of the benefits described constitutes constructive consent to all the obligations arising from the delivery of the benefit:
CALIFORNIA CIVIL CODE
DIVISION 3. OBLIGATIONS PART 2. CONTRACTS CHAPTER 3. CONSENT Section 1589
1589. A voluntary acceptance of the benefit of a transaction is equivalent to a consent to all the obligations arising from it, so far as the facts are known, or ought to be known, to the person accepting.
____________________________
He who receives the benefit should also bear the disadvantage.” “Que sentit commodum, sentire debet et onus.
He who derives a benefit from a thing, ought to feel the disadvantages attending it. 2 Bouv. Inst. n. 1433.”
[Bouvier’s Maxims of Law, 1856; SOURCE: http://famguardian.org/Publications/BouvierMaximsOfLaw/BouviersMaxims.htm]
Under our system of law ALL "persons" are equal. If the government can rope US into THEIR franchises by the above mechanisms, which is EXACTLY what they do, then we can do the SAME thing to them under the concept of EQUAL PROTECTION and EQUAL TREATMENT. Any assertion to the contrary is a violation of due process of law and a denial of equal protection and equal treatment.
Any government actor who argues against the above approach is essentially:
1. Discrediting the ONLY useful tool they have to prosecute tax crimes. 2. Contradicting their own statements and behavior.
Injury Defense Franchise and Agreement 2 Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 06.027, Rev. 10-26-2010
3. Declaring any and all previous criminal tax prosecutions as VOID and FRAUDULENT.
Whenever they prosecute people for tax crimes, they ALWAYS do the same thing as the anti-franchise franchise does:
1. They claim that the defendant is accepting the "benefits" of living here without "paying their fair share". 2. Getting the jury angry at the defendant because it increases THEIR tax bill, which incidentally is a CRIME
called jury tampering and criminal financial conflict of interest under 18 U.S.C. 208.
The above techniques are documented in:
The Government Benefits Scam, Form #05.040 FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
If THEY can do it, then YOU can do it! In a nation that at least gives LIP service to EQUALITY OF ALL and where Obama stated in his very own inauguration speech that "we are all equal", anyone who claims otherwise is a HYPOCRITE AND is calling our very own president a LIAR!
Every technique that is or can be successful against the corrupted government will ALWAYS emulate their very own behavior and let them discredit themselves in the process of defending against it. And what jurist DOESN"T hate that kind of hypocrisy? We don't know any. That's Sun Tzu's approach:
“Use the enemy's main strength against himself.”
The U.S. Supreme Court has held that EQUALITY OF RIGHTS and TREATMENT are the FOUNDATIONS of ALL of your freedom!
“No duty rests more imperatively upon the courts than the enforcement of those constitutional provisions intended to secure that equality of rights which is the foundation of free government." [Gulf, C. & S. F. R. Co. v. Ellis, 165 U.S. 150 (1897) ]
The ONLY way you can lawfully be treated UNEQUALLY is with your express consent. Any government which asserts a right that they refuse to allow you to have has the burden of proving with evidence introduced into the record that you EXPRESSLY CONSENTED to be treated unequally in relation to them in a form and in a manner that ONLY you can specify. That manner should ALWAYS be in writing with your signature on it and with the signature of someone from the government who has delegated authority to make such a commitment.
If you would like to know more about the legal requirement for EQUAL PROTECTION AND EQUAL TREATMENT that is the FOUNDATION of the United States Constitution, see:
Requirement for Equal Protection and Equal Treatment, Form #05.033 DIRECT LINK: http://sedm.org/Forms/05-MemLaw/EqualProtection.pdf FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
You can't "govern" people who are equal. They have to consent to be UNEQUAL before they can be CIVILLY governed and be called a "subject". AND you can't be a "sovereign" and a "subject" at the same time. A statutory "citizen" is a subject, and therefore is UNEQUAL and INFERIOR to the government they are member of. That is the conclusion of the following wonderful memorandum of law, which you should ALSO read:
Why Statutory Civil Law is Law for Government and not Private Persons, Form #05.037 DIRECT LINK: http://sedm.org/Forms/05-MemLaw/StatLawGovt.pdf FORMS PAGE: http://sedm.org/Forms/FormIndex.htm
4. RESOURCES FOR FURTHER STUDY
4.1. Sovereignty and Freedom Page-Family Guardian Website http://famguardian.org/Subjects/Freedom/Freedom.htm
Injury Defense Franchise and Agreement 3 Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 06.027, Rev. 10-26-2010
4.2. Government Instituted Slavery Using Franchises, Form #05.030-how the government accomplishes the OPPOSITE
of the purpose of its creation, and thereby illegally converts all private property to public property. http://sedm.org/Forms/FormIndex.htm 4.3. The “Trade or Business” Scam, Form #05.001-heart of the IRS fraud
http://sedm.org/Forms/FormIndex.htm 4.4. Sovereignty Forms and Instructions, Form #10.005-how to restore one’s sovereignty
http://sedm.org/Forms/FormIndex.htm 4.5. Sovereignty Forms and Instructions Online, Form #10.004-online version of the above
http://famguardian.org/TaxFreedom/FormsInstr.htm
Injury Defense Franchise and Agreement 4 Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 06.027, Rev. 10-26-2010
INJURY DEFENSE FRANCHISE AND AGREEMENT
LIST OF TABLES ............................................................................................................................. 1 TABLE OF AUTHORITIES ............................................................................................................. 1 1 Purpose ....................................................................................................................................... 7 2 Definitions, Rules of Construction and Interpretation ............................................................. 7 3 Significance of Identifying Numbers Used in Correspondence between by Protected Party
and either Government or Government Actor ........................................................................ 15 4 Parties ....................................................................................................................................... 18 5 Consideration............................................................................................................................ 18 6 Authority for Establishment .................................................................................................... 19 7 Evidence of Consent to Offer/Agreement ................................................................................ 21 8 Rights acquired by Protected Party Against Government Actor ........................................... 22 8.1 Return of Any and all Property of Protected Party Acquired by Government Actor or his Employer .............. 22 8.2 Agency Established ...................................................................................................................................... 23 8.3 Information about Protected Party is PRIVATE Property Subject to Non-Disclosure ..................................... 23 8.4 Waiver of Government Agency, Official, Judicial, and Sovereign Immunity on the Part of Government Actor ........................................................................................................................................................... 23 8.5 Presumptions Established and Stipulated by All Parties ................................................................................ 23 8.6 Enforcement Authority of Protected Party Against Government Actor .......................................................... 26 8.7 Issues not subject to dispute, default answers stipulated ................................................................................ 27 8.8 Authority conferred by Government Actor upon Protected Party ................................................................... 27 8.9 Stipulations regarding communications between Protected Party and Government Actor ............................... 28 8.10 Use of Information About Protected Party .................................................................................................... 28 8.11 Other Terms and Conditions ......................................................................................................................... 29 9 Dispute Resolution .................................................................................................................... 30 9.1 Agency and Status of Parties ........................................................................................................................ 30 9.2 Choice of Law ............................................................................................................................................. 31 9.3 Venue .......................................................................................................................................................... 32 9.4 No Statutes of Limitation ............................................................................................................................. 32 9.5 All governments excluded from suit, joinder of parties.................................................................................. 34 9.6 Stipulations Applying to all Litigation .......................................................................................................... 35 9.7 Burden of Proof Upon All Government Officers ........................................................................................... 38 9.8 Service of Process ........................................................................................................................................ 38 10 Method of Amendment ............................................................................................................. 38 11 Severability and Affirmation ................................................................................................... 39
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LIST OF TABLES
Table 1: Meaning of geographical “words of art” .............................................................................................................14
TABLE OF AUTHORITIES
Constitutional Provisions
Article 4, Section 4 ...................................................................................................................................................... 9, 34 Article III ......................................................................................................................................................................... 8 Bill of Rights ...................................................................................................................................................................24 Declaration of Independence ............................................................................................................................................34
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Thirteenth Amendment ....................................................................................................................................................29 U.S. Constitution Article IV, Section 2 .............................................................................................................................14 United States Constitution .............................................................................................................................................. 7, 9
Statutes
18 U.S.C. 禮1001 ..............................................................................................................................................................28 18 U.S.C. 禮1028(a)(7) ................................................................................................................................................ 17, 18 18 U.S.C. 禮1028A ...................................................................................................................................................... 17, 18 18 U.S.C. 禮1583 ............................................................................................................................................................... 8 18 U.S.C. 禮1956 ..............................................................................................................................................................16 18 U.S.C. 禮201 ................................................................................................................................................................. 8 18 U.S.C. 禮208 ................................................................................................................................................................. 8 18 U.S.C. 禮241 ................................................................................................................................................................17 18 U.S.C. 禮597 ................................................................................................................................................................. 8 18 U.S.C. 禮6002 ..............................................................................................................................................................23 18 U.S.C. 禮654 ................................................................................................................................................................16 18 U.S.C. 禮912 .......................................................................................................................................................... 17, 31 26 U.S.C. 禮1 ....................................................................................................................................................................28 26 U.S.C. 禮1313 ..............................................................................................................................................................12 26 U.S.C. 禮1445(f)(1) ......................................................................................................................................................12 26 U.S.C. 禮162 ................................................................................................................................................................28 26 U.S.C. 禮3121(e) ..........................................................................................................................................................22 26 U.S.C. 禮32 ..................................................................................................................................................................28 26 U.S.C. 禮3401(a) .................................................................................................................................................... 12, 13 26 U.S.C. 禮3401(c ) ............................................................................................................................................... 9, 11, 14 26 U.S.C. 禮6041 ........................................................................................................................................................ 18, 31 26 U.S.C. 禮6065 ..............................................................................................................................................................37 26 U.S.C. 禮61 ..................................................................................................................................................................12 26 U.S.C. 禮6109 .............................................................................................................................................16, 17, 29, 31 26 U.S.C. 禮6331 ..............................................................................................................................................................31 26 U.S.C. 禮6331(a) ..........................................................................................................................................................31 26 U.S.C. 禮6671(b) ..........................................................................................................................................................30 26 U.S.C. 禮6901 ..............................................................................................................................................................22 26 U.S.C. 禮7206 and/or 7207 ...........................................................................................................................................31 26 U.S.C. 禮7343 ..............................................................................................................................................................30 26 U.S.C. 禮7408(d) .................................................................................................................................................... 21, 31 26 U.S.C. 禮7423 ..............................................................................................................................................................34 26 U.S.C. 禮7521 ..............................................................................................................................................................28 26 U.S.C. 禮7521(a) ..........................................................................................................................................................28 26 U.S.C. 禮7601 ..............................................................................................................................................................31 26 U.S.C. 禮7701(a)(10) .............................................................................................................................................. 13, 31 26 U.S.C. 禮7701(a)(14) ...................................................................................................................................12, 16, 24, 30 26 U.S.C. 禮7701(a)(16) ....................................................................................................................................................18 26 U.S.C. 禮7701(a)(26) ............................................................................................................................... 9, 11, 12, 16, 28 26 U.S.C. 禮7701(a)(30) ........................................................................................................................................ 12, 16, 30 26 U.S.C. 禮7701(a)(31) ....................................................................................................................................................12 26 U.S.C. 禮7701(a)(39) .............................................................................................................................................. 21, 31 26 U.S.C. 禮7701(a)(9) and (a)(10) ........................................................................................................................ 12, 31, 39 26 U.S.C. 禮7701(b)(1)(A) .......................................................................................................................................... 12, 30 26 U.S.C. 禮7701(b)(1)(B) ................................................................................................................................................12 26 U.S.C. 禮7701(b)(4)(B) ................................................................................................................................................29 26 U.S.C. 禮7701(c ) .......................................................................................................................................................... 9 26 U.S.C. 禮871 .................................................................................................................................................... 10, 12, 16 26 U.S.C. 禮911 ................................................................................................................................................................10 26 U.S.C. Subtitle A ........................................................................................................................................................16 28 U.S.C. 禮1332 ..............................................................................................................................................................30 28 U.S.C. 禮144 ................................................................................................................................................................. 8
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28 U.S.C. 禮1605 ..............................................................................................................................................................21 28 U.S.C. 禮1746(1) ..........................................................................................................................................................39 28 U.S.C. 禮2679 ..............................................................................................................................................................34 28 U.S.C. 禮3002(15)(A) ...................................................................................................................................................12 28 U.S.C. 禮455 ................................................................................................................................................................. 8 28 U.S.C. Chapter 5 .........................................................................................................................................................31 4 U.S.C. 禮禮105-113 .........................................................................................................................................................14 4 U.S.C. 禮110(d) .............................................................................................................................................12, 13, 14, 31 4 U.S.C. 禮72 ....................................................................................................................................................................10 40 U.S.C. 禮3112 ..............................................................................................................................................................12 42 U.S.C. 禮1994 ............................................................................................................................................................... 8 42 U.S.C. 禮405(c)(2)(C)(i) ......................................................................................................................................... 17, 18 42 U.S.C. 禮408 .......................................................................................................................................................... 16, 17 42 U.S.C. 禮408(a)(7) .................................................................................................................................................. 17, 18 42 U.S.C. 禮408(a)(8) ............................................................................................................................................ 17, 18, 31 5 U.S.C. 禮552a(a)(13) ................................................................................................................................................ 17, 30 5 U.S.C. 禮552a(a)(2) .................................................................................................................................................. 12, 30 8 U.S.C. 禮1101(a)(21) ......................................................................................................................................................24 8 U.S.C. 禮1401 ...............................................................................................................................................12, 22, 24, 30 California Civil Code, 禮1589............................................................................................................................................21 California Civil Code, 禮2224............................................................................................................................................19 California Revenue and Taxation Code, 禮禮17018 and 6017 ..............................................................................................14 California Revenue and Taxation Code, 禮17018 ...............................................................................................................14 California Revenue and Taxation Code, 禮6017 .................................................................................................................14 Declaratory Judgments Act, 28 U.S.C. 禮2201(a) ...............................................................................................................36 Foreign Sovereign Immunities Act, 28 U.S.C. 禮1603 ........................................................................................................23 I.R.C. 禮1 ..........................................................................................................................................................................21 I.R.C. 禮162 ......................................................................................................................................................................21 I.R.C. 禮32 ........................................................................................................................................................................21 I.R.C. 禮7701(a)(26) ..........................................................................................................................................................21 Internal Revenue Code ..................................................................................................................................... 8, 10, 14, 15 Internal Revenue Code, Subtitle A ...................................................................................................................................31 Internal Revenue Code, Subtitles A through C ...................................................................................................... 10, 18, 28 Internal Revenue Code, Title 26 of the United States Code ...............................................................................................22 Social Security Act, 42 U.S.C. Chapter 7 .............................................................................................................. 10, 22, 30 Title 17 of the U.S. Code..................................................................................................................................................16 Title 48 of the U.S. Code..................................................................................................................................................15 U.C.C. 禮1-207 .................................................................................................................................................................11 U.C.C. 禮1-303, Course of Usage and Trade ......................................................................................................................21 U.C.C. 禮1-308 ............................................................................................................................................................. 7, 11 U.C.C. 禮2-103(1)(a) .........................................................................................................................................................18 U.C.C. 禮2-104(1) .............................................................................................................................................................18 U.C.C. 禮2-209 .................................................................................................................................................................. 7
Regulations
20 C.F.R. 禮422.103 ..........................................................................................................................................................17 20 C.F.R. 禮422.103(d) .............................................................................................................................. 16, 17, 20, 21, 29 20 C.F.R. 禮422.104 ..........................................................................................................................................................16 20 C.F.R. 422.103(d) .......................................................................................................................................................22 26 C.F.R. 禮1.1-1(c) ..........................................................................................................................................................22 26 C.F.R. 禮1.1441-1(c)(3) .................................................................................................................................... 12, 15, 30 26 C.F.R. 禮1.1441-1(c)(6) ................................................................................................................................................. 8 26 C.F.R. 禮1.469-9(b)(4) ..................................................................................................................................................11 26 C.F.R. 禮301.3401(c)-1 .................................................................................................................................................11 26 C.F.R. 禮301.6109-1 .....................................................................................................................................................16 26 C.F.R. 禮31.3401(a)-3 ..................................................................................................................................................13
Injury Defense Franchise and Agreement 3 of 39 Rev. 10-26-2010 EXHIBIT:________
26 C.F.R. 禮31.3401(a)-3(a) ..............................................................................................................................................12 26 C.F.R. 禮31.3401(c)-1 .............................................................................................................................................. 9, 14 26 C.F.R. 禮31.3402(p)-1 ..................................................................................................................................................12 31 C.F.R. 禮306.10 ............................................................................................................................................................16
Rules
Federal Rule of Civil Procedure 17 ...................................................................................................................................10 Federal Rule of Civil Procedure 17(b) ..............................................................................................................................31 Federal Rule of Civil Procedure 17(b)(2) and (b)(3)..........................................................................................................31 Federal Rule of Civil Procedure 19 ...................................................................................................................................37 Federal Rule of Civil Procedure 29 ...................................................................................................................................37 Federal Rule of Civil Procedure 31 ...................................................................................................................................38 Federal Rules of Criminal Procedure ................................................................................................................................37
Cases
Babcock v. City of Buffalo, 56 N. Y. 268, affirming 1 Sheld. 317 .....................................................................................33 Blagge v. Balch, 162 U.S. 439, 40 L.Ed. 1032, 16 S.Ct. 853 ....................................................................................... 18, 29 Boyd v. State of Nebraska, 143 U.S. 135 (1892) ...............................................................................................................32 Bridge Co. v. Paige, 83 N. Y. 188-190 .............................................................................................................................33 Bull v. United States, 295 U.S. 247, 261, 55 S.Ct. 695, 700, 79 L.Ed. 1421 .......................................................................19 Bull v. United States, 295 U.S. 247, 79 L.Ed. 1421, 55 S.Ct. 695, 35-1 U.S.T.C. 繞 9346, 15 A.F.T.R. 1069 .......................29 Burgin v. Forbes, 293 Ky. 456, 169 S.W.2d. 321, 325 ......................................................................................................35 Button’s Estate v. Anderson, 112 Vt. 531, 28 A.2d. 404, 143 A.L.R. 195 ..........................................................................29 Calder v. Bull, 3 Dall. 386................................................................................................................................................33 Coates v. Mayor of New York, 7 Cow. 585 ......................................................................................................................33 Colautti v. Franklin, 439 U.S. at 392-393, n. 10 .......................................................................................................... 13, 35 Com. v. Tewksbury, 11 Metc. 55......................................................................................................................................33 Erwin v. U. S., D.C.Ga., 37 F. 488, 2 L.R.A. 229..............................................................................................................32 Ex parte Gladhill, 8 Melc., Mass., 168 ..............................................................................................................................32 Ex parte Gladhill, 8 Metc . Mass., 171 ..............................................................................................................................32 Ex parte Thistleton, 52 Cal. 225 .......................................................................................................................................32 Flemming v. Nestor, 363 U.S. 603 (1960) ........................................................................................................................38 Fox v. Standard Oil Co. of N.J., 294 U.S. 87, 95-96 (1935) ......................................................................................... 13, 35 Gordon v. U. S., 227 Ct.Cl. 328, 649 F.2d. 837 (Ct.Cl., 1981) ...........................................................................................19 Heininger v. Davis, 96 Ohio.St. 205, 117 N.E. 229, 231 ...................................................................................................32 Hobbs v. McLean, 117 U.S. 567, 29 L.Ed. 940, 6 S.Ct. 870 ........................................................................................ 18, 29 Intoxicating Liquor Cases, (BREWER, J.,), 25 Kan. 765 ..................................................................................................33 Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227. 229 .......................................................................................................32 Lake View v. Cemetery Co., 70 Ill. 191 ............................................................................................................................33 Ledwith v. Rosalsky, 244 N.Y. 406, 155 N.E. 688, 689 ....................................................................................................32 Lester v. Redmond, 6 Hill, N.Y., 590 ...............................................................................................................................32 Manning v Leighton, 65 Vt. 84, 26 A. 258, motion dismd 66 Vt. 56, 28 A 630 ............................................................ 18, 29 Meese v. Keene, 481 U.S. 465, 484-485 (1987) .......................................................................................................... 13, 35 Milwaukee v. White, 296 U.S. 268 (1935) ........................................................................................................................20 Mugler v. Kansas, 123 U.S. 623 (1887) ............................................................................................................................33 Munn v. Illinois, 94 U.S. 141 ...........................................................................................................................................33 Newblock v. Bowles, 170 Okl. 487, 40 P.2d. 1097, 1100 ..................................................................................................35 People v. Marx, 99 N.Y. 377, 386, 2 N.E. Rep. 29 ............................................................................................................33 Pumpelly v. Green Bay Co., 13 Wall. 177 ........................................................................................................................33 Railway Co. v. City of Jacksonville, 67 Ill. 37 ..................................................................................................................33 Stenberg v. Carhart, 530 U.S. 914 (2000) ................................................................................................................... 13, 35 Stone v. Mississippi, 101 U.S. 814 ...................................................................................................................................33 Tenement- House Cigar Case, 98 N. Y. 98 .......................................................................................................................33 The Antelope, 23 U.S. 66, 10 Wheat. 66, 6 L.Ed. 268 (1825) ............................................................................................11
Injury Defense Franchise and Agreement 4 of 39 Rev. 10-26-2010 EXHIBIT:________
The Thomas Fletcher, C.C.Ga., 24 F. 481 .........................................................................................................................32 United States ex rel. Angarica v. Bayard, 127 U.S. 251, 32 L.Ed. 159, 8 S.Ct. 1156, 4 A.F.T.R. 4628 ......................... 18, 29 United States v. State Bank, 96 U.S. 30, 96 Otto. 30, 24 L.Ed. 647 ...................................................................................29 Western Union Telegraph Co. v. Lenroot, 323 U.S. 490, 502 (1945) ........................................................................... 13, 35 Wilson v. Shaw, 204 U.S. 24, 51 L.Ed. 351, 27 S.Ct. 233 ........................................................................................... 19, 29
Other Authorities
2 Kent, Comm. 340 ..........................................................................................................................................................33 2A N. Singer, Sutherland on Statutes and Statutory Construction 禮 47.07, p. 152, and n. 10 (5th ed. 1992) .................. 13, 35 3 B1. Comm. 24...............................................................................................................................................................32 3 Steph. Comm. 383 ........................................................................................................................................................32 American Jurisprudence 2d, United States, 禮45 (1999) ............................................................................................... 19, 29 Bish. St. Cr. 995 ..............................................................................................................................................................33 Black’s Law Dictionary, Fourth Edition, pp. 425-426 .......................................................................................................32 Black’s Law Dictionary, Seventh Edition, p. 668 ..............................................................................................................35 Black’s Law Dictionary, Sixth Edition, p. 1196 ................................................................................................................30 Black’s Law Dictionary, Sixth Edition, p. 581 ..................................................................................................................36 Cooley, Const. Lim. (5th Ed.) 110, 445, 446 .....................................................................................................................33 Correcting Erroneous Information Returns, Form #04.001 ................................................................................................11 Delegation of Authority Order from God to Christians, Form #13.007 ..............................................................................12 Edward I ..........................................................................................................................................................................35 Federal Enforcement Authority Within States of the Union, Form #05.032 .......................................................................34 Flawed Tax Arguments to Avoid, Form #08.004 ..............................................................................................................27 Government Instituted Slavery Using Franchises, Form #05.030.......................................................................................34 Great IRS Hoax, Form #11.302, Section 5.2.11 ................................................................................................................15 Great IRS Hoax, Form #11.302, Sections 3.9.1 through 3.9.1.28 .......................................................................................15 Internal Revenue Manual (I.R.M.), Section 4.10.7.2.8 ................................................................................................ 28, 36 Internal Revenue Manual (I.R.M.), Section 4.10.7.2.9.8....................................................................................................10 Internal Revenue Service .................................................................................................................................................. 8 IRS Form 56 ....................................................................................................................................................................27 IRS Form 8822 ................................................................................................................................................................28 IRS Forms W-2, 1042-S, 1098, and 1099 ................................................................................................................... 24, 31 IRS Forms W-2C, W-3, 1042-S, 1096, 1098, 1099, and 8300 ...........................................................................................27 Legal Deception, Propaganda, and Fraud, Form #05.014 ..................................................................................................15 Legal Notice of Change of Domicile/Citizenship and Divorce from the United States, Form #10.001 ................................29 Origins and Authority of the Internal Revenue Service, Form #05.005 ..............................................................................34 Policy Document: Rebutted False Arguments About Sovereignty, Form #08.018 ..............................................................27 Policy Document: Rebutted False Arguments Against This Website, Form #08.011 ..........................................................27 Readings on the History and System of the Common Law, Second Edition, Roscoe Pound, 1925, p. 543 .................... 20, 23 Reasonable Belief About Income Tax Liability, Form #05.007 .........................................................................................10 Rebutted Version of “Tax Resister Frequently Asked Questions”, Form #08.007 ..............................................................27 Rebutted Version of CRS Report 97-59A: “Frequently Asked Questions Concerning the Federal Income Tax”, Form
#08.006 ........................................................................................................................................................................27 Rebutted Version of the IRS “The Truth About Frivolous Tax Arguments”, Form #08.005 ...............................................27 Resignation of Compelled Social Security Trustee, Form #06.002 .............................................................................. 16, 30 Rules of Presumption and Statutory Interpretation, Litigation Tool #10.003 ......................................................................15 SEDM Exhibit #06.001 ..................................................................................................................................................... 9 SEDM Forms Page, Section 1.5, Memorandums of Law ...................................................................................................27 Sovereignty Forms and Instructions Online, Form #10.004, Cites By Topic ................................................................ 13, 15 SSA Form SS-5 ...............................................................................................................................................................21 Tax Form Attachment, Form #04.201 ......................................................................................................................... 24, 30 The “Trade or Business” Scam, Form #05.001 .................................................................................................................12 U.C.C. 1 Financing Statements .........................................................................................................................................22 W.J.V. Windeyer, Lectures on Legal History 56-57 (2d ed. 1949) .....................................................................................35 Why Domicile and Becoming a “Taxpayer” Require Your Consent, Form #05.002 ...........................................................10 Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037 .................................... 10, 12, 32
Injury Defense Franchise and Agreement 5 of 39 Rev. 10-26-2010 EXHIBIT:________
Injury Defense Franchise and Agreement 6 of 39 Rev. 10-26-2010 EXHIBIT:________
1 Purpose 1
This form is a defensive tool for use by private parties interfacing with either a government officer or government agency. 2
Its purpose is to do all the following in respect to the Protected Party: 3
1. Establish and protect their sovereignty. 4
2. Preserve their equitable position and prevent them from becoming unequal or inferior in relation to any government or 5
government actor. 6
3. Ensure that Protected party cannot lawfully participate in any franchise court or be subject to the whims of any 7
government agency or the administrative law that implements it, such as: 8
4. Traffic Court. 9
5. Family Court. 10
6. State or federal tax Court. 11
7. Invoke ONLY the protections of the common law and not statutory civil law. All statutory civil law is law for 12
government and not private human beings. 13
8. Ensure that Government Actors are constrained to provide the ONLY thing that government was established for, which 14
is to protect private property and private rights. 15
9. Impose an anti-franchise franchise against Government Actors that prevents the enforcement of any government 16
franchise against the Protected Party. 17
10. Maintain the status of their PRIVATE property as private and prevent it from being donated to a public use, public 18
purpose, or public office without your consent. 19
11. Establish, preserve, and protect the proper status within existing state and federal law. 20
12. Prevent the Protected Party from being victimized by the presumptions of others by defining the meaning of all words 21
and burden of proof against the government in redefining them. 22
13. Keep the Protected Party disconnected from all government statutory civil law, which can lawfully regulate only 23
government actors and instead impose only the common law for the protection of your rights. 24
14. Invoke all the same presumptions against the government that they invoke against the Protected Party and therefore 25
turn the tables. 26
15. Prevent any commercial use of materials or services or interactions by Government Actor as against Protected Party. 27
The authority for creating and enforcing this franchise and agreement is the requirement for equal protection and equal 28
treatment that is the foundation of the United States Constitution. It uses the government’s tactics in implementing and 29
enforcing franchises against Government Actors as a way to prevent Protected Party from being victimized by their 30
franchises. Equal protection mandates that the government must protect the SAME method of acquiring rights for all parties. 31
If this agreement was initiated in connection with a government form or application submitted to the Government Actor, then: 32
1. All rights are reserved by the Protected Party pursuant to U.C.C. 禮1-308 in relation to the original government offer 33
that is the subject of the form. 34
2. The original application shall be superseded from an OFFER in commerce, and replaced with this COUNTEROFFER 35
in commerce pursuant to U.C.C. 禮2-209. 36
3. No matter what the response to this counter-offer is by the Government Actor, the response by the Government Actor 37
to the original application or offer by the Protected Party shall be the following: 38
“You are not eligible for the original offer or application and we can’t force you to consent 39
to it. Your LACK OF CONSENT is the reason you are ineligible. Therefore, any third 40
party trying to force you to apply is doing so illegally and is instigating a THEFT of your 41
property to try to force you to participate or consent. It is an abuse of government property 42
or franchises to offer them outside of federal territory or to people who were not ALREADY 43
public officers in the government BEFORE making application to participate.” 44
2 Definitions, Rules of Construction and Interpretation 45
The following definitions shall apply throughout this document and in the context of all interactions between Protected 46
Party, Government Actor, and the employer of Government Actor (government): 47
Injury Defense Franchise and Agreement 7 of 39 Rev. 10-26-2010 EXHIBIT:________
1. “beneficial owner”: Defined as a human being who is: 1
1.1. NOT the entity described in 26 C.F.R. 禮1.1441-1(c)(6) or any other statute or regulation published by the United 2
States federal government. 3
1.2. A “nonresident alien” not engaged in a “trade or business”/ 4
1.3. A “nontaxpayer” not subject to any provision of Internal Revenue Code Subtitles A, B, or C. 5
2. “benefit”: Defined as follows: 6
“Benefit: Advantage; profit; fruit; gain; interest associated with a specific transaction which conveys a 7
right or property interest which: 8
2.1. Is not dispensed by an administrative agency of any state or federal government, but by a private party. 9
2.2. Does not require the recipient to be an officer, agent, employee, or “personnel” within any government. 10
2.3. Is not called a “tax” or collected by the Internal Revenue Service, but is clearly identified as “private business 11
activity beyond the core purposes of government”. 12
2.4. Does not confer upon the grantor any form of sovereign, official, or judicial immunity. 13
2.5. Is legally enforceable in OTHER than a franchise court or administrative agency. That is, may be heard in 14
equity within a true, Article III constitutional court and NOT a legislative franchise court. 15
2.6. True constitutional courts are provided in which to litigate disputes arising under the benefit and those with said 16
disputes are not required to exhaust administrative remedies with an executive branch agency BEFORE they 17
may litigate. These constitutional courts are required to produce evidence that they are constitutional courts 18
with OTHER than strictly legislative franchise powers when challenged by the recipients of said benefits. 19
2.7. The specific value of the consideration can be quantified at any time. 20
2.8. Monies paid in by the recipient to subsidize the program are entirely refundable if the benefits they pay for have 21
not been received or employed either partially or in full. 22
2.9. Has all contributions paid in refunded if they die and never collect any benefits. 23
2.10. Participation in the program is not also attached to any other government program. For instance, being a 24
recipient of “social insurance” does not also make the recipient liable for unrelated or other federal taxes. 25
2.11. The term “benefit” must be defined in the franchise agreement that dispenses it, and its definition may not be 26
left to the subjective whims of any judge or jury. 27
2.12. If the “benefit” is financial, then it is paid in lawful money rather than Feder
interest bearing promissory notes that are not lawful money and are backed bal Reserve Notes, which are non 28
y nothing. 29
2.13. The franchise must expressly state that participation is voluntary and that no one can be prosecuted or punished 30
for failure to participate. 31
2.14. The identifying numbers, if any, that administer the program may not be used for identification and may not be 32
shared with or used by any nongovernmental entity other than the recipient him or her self. 33
2.15. May not be heard by any judge, jurist, or prosecutor who is a recipient or beneficiary of the same benefit, 34
because this would cause a conflict of interest in violation of 18 U.S.C. 禮208, 28 U.S.C. 禮144, and 28 U.S.C. 35
禮455, 18 U.S.C. 禮597, and 18 U.S.C. 禮201. 36
2.16. During any litigation involving the “benefit”, both the grantor and the grantee share equal obligation to prove 37
that equally valuable consideration was provided to the other party. Note that Federal Reserve Notes do not 38
constitute lawful money or therefore consideration. 39
Anything offered by the government that does not meet ALL of the above criteria is herein defined as an INJURY and 40
a TORT. Compelled participation is stipulated by both parties as being slavery in criminal violation of 18 U.S.C. 禮1583, 41
42 U.S.C. 禮1994, and the Thirteenth Amendment. 42
Receipt of the attached government application constitutes consent by the recipient of the application to use the above 43
definition of “benefit” in any disputes that might arise over this transaction. Government recipient and its agents, 44
employees, and assignees forfeit their right as private individuals acting in any government office to define the term 45
“benefit” and agree to use ONLY the above definition. 46
3. “citizen”, “U.S. citizen”, “citizen of the United States”: A statutory “citizen and national of the United States” defined 47
in 8 U.S.C. 禮1401 and excludes the term “Citizen” or “citizen of the United States” as used in the Constitution of the 48
United States of America. 49
4. “commercial use”: any use or employment of information, services, or interactions associated with Sovereignty 50
Education and Defense Ministry (SEDM), which causes or could cause any of the following by either Government 51
Actor or his/her/its employer or sponsor: 52
4.1. An increase in tax revenues caused by increased compliance with the Internal Revenue Code. 53
4.2. A damage award against any SEDM ministry member or officer and in favor of Government Actor or his/her/its 54
employer or sponsor. 55
Injury Defense Franchise and Agreement 8 of 39 Rev. 10-26-2010 EXHIBIT:________
4.3. A raise, promotion, financial incentive, or favorable mention of or to Government Actor by his/her/its employer 1
or sponsor. 2
5. “dollar”: 1/20th of an ounce of gold. There is no statutory definition of “dollar” that equates a Federal Reserve Note 3
with a dollar and the legal definition of “money” found in Black’s Law Dictionary specifically excludes “notes” from 4
the definition of “money”. See: 5
SEDM Exhibit #06.001; http://sedm.org/Exhibits/ExhibitIndex.htm 6. De facto government: A for profit corporation pretending to be a government characterized by any one or more of the 6
following activities: 7
6.1. Imputes or enforces in courts of law any power for itself that the people it serves AS INDIVIDUALS do not 8
ALSO possess. This is a violation of the requirement for equal protection and equal treatment that is the 9
foundation of the United States Constitution. 10
6.2. “citizens” or “residents” are franchisees and/or public officers domiciled on federal territory. 11
6.3. Does not recognize or protect private rights. 12
6.4. Personal or real property is subject to any form of taxation and therefore is NOT private property but PUBLIC 13
property. REAL ownership implies the right to exclude EVERYONE, including government, from the use, 14
enjoyment, or benefit of the property. 15
6.5. Does not provide a remedy for the protection of private rights because all courts are franchise courts that can only 16
rule on public rights. 17
6.6. “Codes” replace real de jure “Law”, and all codes are voluntary civil franchises. 18
6.7. Criminal law is replaced by penalties under a franchise. 19
6.8. Attorneys are gagged from telling the truth by a license. 20
6.9. Establishes or enforces government franchises either outside of federal territory OR against parties not domiciled 21
on federal territory and thereby “invades” states of the union as a domestic enemy in violation of Article 4, 22
Section 4 of the United States Constitution. 23
6.10. Tax revenues are paid to private parties. 24
"The king establishes the land by justice, But he who receives bribes [socialist handouts, 25
government "benefits", or PLUNDER stolen from nontaxpayers] overthrows it." 26
[Prov. 29:4, Bible, NKJV] 27
6.11. Judges and/or jurists are “taxpayers” or participate in any government franchise/benefit and who therefore are not 28
only incapable of being impartial, but have a criminal conflict of interest. 29
6.12. Those receiving government bribes/”benefits” are allowed to vote or serve as jurists. This creates a criminal 30
conflict of interest and perverts justice. 31
6.13. Money is based on debt rather than substance. 32
6.14. Allows parties domiciled within and present with states of the Union, through presumption, fraudulent 33
information returns, federal franchises, or any other methods, to obtain or pretend to have the status of “citizen”, 34
“resident”, or “person” under any federal law. 35
7. “employee”: Defined as a human being and not a statutory “person” who: 36
7.1. Works for a “private employer” and not a “public employer” or any state or federal government, who is NOT 37
engaged in a “trade or business” as defined in 26 U.S.C. 禮7701(a)(26), and who has no liability to deduct, 38
withhold, or pay any tax described in 26 U.S.C. Subtitles A, B, or C. 39
7.2. Is NOT the legal entity described in 26 U.S.C. 禮3401(c ) or 26 C.F.R. 禮31.3401(c)-1 or any other statute or 40
regulation published by the United States federal government. 41
8. “employer”: Someone who has “employees” as defined in the previous item. 42
9. “exempt”: Definition: 43
9.1. Not subject to any provision within the Internal Revenue Code Subtitles A or C. 44
9.2. Not an “individual” (26 C.F.R. 禮1.1441-1(c)(3)) or “person” (26 U.S.C. 禮7701(c )) or “taxpayer” (26 U.S.C. 45
禮7701(a)(14)) within the Internal Revenue Code. 46
9.3. Entire estate is a “foreign estate” pursuant to 26 U.S.C. 禮7701(a)(31). 47
9.4. Not the entity described in 26 U.S.C. 禮7701(b)(5) as an “exempt individual”, because not the “individual” defined 48
in 26 C.F.R. 禮1.1441-1(c)(3) or any other state or federal statute, code, or law. 49
10. “fact”: Means that which is admissible as evidence in a court of law BECAUSE ENACTED LAW makes it admissible 50
AND because the speaker (other than us) INTENDED for it to be factual. It does NOT imply that we allege that it is 51
factual, actionable, or even truthful. Any attempt by any government to make anything published on our ministry 52
website or anything said by members or officers of the ministry FACTUAL or ACTIONABLE in conflict with this 53
disclaimer is hereby declared and stipulated by all members to be FRAUDULENT, PERJURIOUS, and a willful act of 54
international terrorism and organized extortion. 55
Injury Defense Franchise and Agreement 9 of 39 Rev. 10-26-2010 EXHIBIT:________
11. “federal income tax”: Means the revenue scheme described in Subtitle A of the Internal Revenue Code as applied 1
specifically and only to human beings who are not statutory "persons" or "individuals" under federal law and shall 2
NOT refer to businesses. This website does NOT concern itself with businesses or corporations or artificial entities of 3
any description. 4
12. “frivolous”: Truthful, accurate, and consistent with prevailing law and legal precedent. Remember, the key word in 5
“IRS” is “Service”. I’m the “customer” you serve and the customer is ALWAYS right! If you want to say something 6
is wrong, you need to tell me it is incorrect and then explain all the legal authorities that justify why, consistent with 7
the following basis for reasonable belief: 8
Reasonable Belief About Income Tax Liability, Form #05.007 http://sedm.org/Forms/FormIndex.htm NOTE: Consistent with Internal Revenue Manual (I.R.M.), Section 4.10.7.2.9.8, I am NOT interested in any court 9
ruling below the supreme Court, because if the “Service” is not bound by anything below the U.S. Supreme Court, then 10
neither am I or should I. 11
13. Government: A collection of servants of the sovereign people which derives all its delegated authority from the People 12
both individually and collectively, and whose ONLY function is to protect PRIVATE rights. The first step in this 13
protection is to prevent any right so protected from being converted into public rights or franchises, even WITH the 14
consent of the owner. 15
14. Government franchise: Includes but not limited to: 16
14.1. Income tax under Internal Revenue Code, Subtitles A through C or state revenue code. 17
14.2. Social Security Act, 42 U.S.C. Chapter 7. 18
14.3. Drivers licenses under the vehicle code of either the United States or any state of the Union. 19
14.4. Licensed marriage under the family code of the United States or any state of the Union. 20
14.5. Professional licensing. 21
14.6. Attorney licensing. 22
15. “gross income”: Profit originating from within the United States government corporation and earned by a federal 23
instrumentality. Pursuant to 26 U.S.C. 禮871, said profit must either originate from the District of Columbia or abroad 24
pursuant to 26 U.S.C. 禮911 but may not originate within any state of the Union. 25
16. “law”: When used in connection with a civil statutory obligation by either party, shall mean a voluntary civil franchise 26
available only to those domiciled within the exclusive jurisdiction of the government grantor of the civil franchise. 27
Government as moving party enforcing any obligation under such “law” agrees to meet the burden of proof that the 28
party against which they are enforcing said obligation: 29
16.1. Is lawfully serving in a public office in the government granting the franchise. 30
16.2. Is either consensually domiciled on federal territory or representing an entity so domiciled under Federal Rule of 31
Civil Procedure 17. 32
16.3. Has the capacity to alienate Constitutional rights because either physically present on federal territory OR 33
occupying an office that is executed ONLY where EXPRESSLY authorized per 4 U.S.C. 禮72. They furthermore 34
agree to provide the statute EXPRESSLY authorizing the exercise of the office in the PLACE they are trying to 35
enforce. 36
In the absence of EXPRESSLY satisfying the above burden of proof with admissible evidence signed under penalty of 37
perjury, both parties to any enforcement action stipulate that there is CONCLUSIVE PRESUMPTION against any 38
civil enforcement authority of that civil statutory provision which is referred to with the term “law”. Parties also 39
acknowledge that any attempt to enforce an obligation UNDER said franchise without the requirement of domicile is a 40
PRIVATE contracting exercise that is NOT a government function and which may therefore NOT lawfully be 41
protected with sovereign, official, or judicial immunity. For details, see and rebut: 42
Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037 http://sedm.org/Forms/05-MemLaw/StatLawGovt.pdf 17. “law practice” or “practice of law”: ": 1. Exclude any and all statutory references to said term in any state or federal 43
statute; 2. Exclude any use of these terms found in any rule of court; 3. Exclude any litigation in which the party 44
"practicing" is representing either a government instrumentality or acting as an officer for said instrumentality such as 45
a statutory "taxpayer" (under the Internal Revenue Code), "driver" (under the vehicle code), "spouse" (under the family 46
code), or "benefit recipient" (under any entitlement program, including Social Security); 4. Include litigation involving 47
ONLY the protection of EXCLUSIVELY PRIVATE rights beyond the jurisdiction of any de jure government. 48
18. “meritless”: See “frivolous” above. 49
19. “nontaxpayer”: Same definition as “taxpayer” above. 50
20. “permanent address”: Defined as one’s legal domicile. See: 51
Why Domicile and Becoming a “Taxpayer” Require Your Consent, Form #05.002 http://sedm.org/Forms/FormIndex.htm 21. “personal services”: Defined as services which: 52
Injury Defense Franchise and Agreement 10 of 39 Rev. 10-26-2010 EXHIBIT:________
21.1. Are NOT connected with a “trade or business” or a “public office” within any government or any other 1
government “franchise”. 2
21.2. Are NOT the term defined in 26 C.F.R. 禮1.469-9(b)(4). 3
21.3. Are NOT defined or referenced anywhere within any statute or regulation published by the United States federal 4
government and therefore entirely beyond the jurisdiction of the government to regulate. 5
21.4. Are connected with labor of a human being that is not subject to withholding, attachment, or taxation of any kind: 6
“Every man has a natural right to the fruits of his own labor, is generally admitted; and 7
no other person can rightfully deprive him of those fruits, and appropriate them against 8
his will...” 9
[The Antelope, 23 U.S. 66, 10 Wheat. 66, 6 L.Ed. 268 (1825)] 10
22. “private”: When it appears in front of other entity names such as "person", "individual", "business", "employee", 11
"employer", etc. shall imply that the entity is: 1. A "nonresident" in relation to the state and federal government; 2. Not 12
an entity defined within any state or federal statutory law; 3. Not engaged in a public office, "trade or business" (per 26 13
U.S.C. 禮7701(a)(26)); 4. Not consenting to contract with or acquire any status, privilege, or right under any state or 14
federal franchise. For instance, the phrase "private employee" means a common law worker that is NOT the statutory 15
"employee" defined within 26 U.S.C. 禮3401(c ) or 26 C.F.R. 禮301.3401(c)-1 or any other federal or state law or 16
statute. 17
23. “resident”: Means an alien with a legal domicile or “residence” in the “United States”, which includes the territories 18
and possessions of the “United States” and excludes states of the Union. 19
24. “sovereign”: When referring to humans or governments means all the following: 20
24.1. A human being and NOT a "government". Only human beings are "sovereign". All powers of government are 21
delegated from the PEOPLE and are NOT "divine rights". Those powers in turn are only operative when 22
government PREVENTS the conversion of PRIVATE rights into PUBLIC rights. When that goal is avoided or 23
undermined or when law is used to accomplish involuntary conversion, we cease to have a government and 24
instead end up with a private, de facto for profit corporation that has no sovereign immunity and cannot abuse 25
sovereign immunity to protect its criminal thefts from the people. 26
24.2. EQUAL in every respect to any and every government or actor in government. All governments are legal 27
"persons" and under our Constitutional system, ALL "persons" are equal and can only become UNEQUAL in 28
relation to each other WITH their EXPRESS and NOT IMPLIED consent. Since our Constitutional rights are 29
unalienable per the Declaration of Independence, then we can't become unequal in relation to any government, 30
INCLUDING through our consent. 31
24.3. Not superior in any way to any human being within the jurisdiction of the courts of any country. 32
24.4. Possessing the EQUAL right to acquire rights over others by the same mechanisms as the government uses. For 33
instance, if the government encourages the filing of FALSE information returns that essentially "elect" people 34
into public office without their consent, then we have an EQUAL right to elect any and every government or 35
officer within government into our PERSONAL service as our PERSONAL officer without THEIR consent. 36
See: 37
Correcting Erroneous Information Returns, Form #04.001 http://sedm.org/Forms/Tax/CorrErrInfoRtns/CorrErrInfoRtns.pdf 24.5. Subject to the criminal laws of the jurisdiction they are physically situated in, just like everyone else. This 38
provision excludes "quasi criminal provisions" within civil franchises, such as tax crimes. 39
24.6. The origin of all authority delegated to the government per the Declaration of Independence. 40
24.7. Reserving all rights and delegating NONE to any and every government or government actor. U.C.C. 禮1-308 41
and its predecessor, U.C.C. 禮1-207. 42
24.8. Not consenting to any and every civil franchise offered by any government. 43
24.9. Possessing the same sovereign immunity as any government. Hence, like the government, any government 44
actor asserting a liability or obligation has the burden of proving on the record of any court proceeding 45
EXPRESS WRITTEN consent to be sued before the obligation becomes enforceable. 46
24.10. Claiming no civil or franchise status under any statutory franchise, including but not limited to "citizen", 47
"resident", "driver" (under the vehicle code), "spouse" (under the family code), "taxpayer" (under the tax code), 48
“person” (under the civil law). Any attempt to associate a statutory status and the public rights it represents 49
against a non-consenting party is THEFT and SLAVERY and INJUSTICE. 50
24.11. Acting as a fiduciary, agent, and trustee on behalf of God 24 hours a day, seven days a week as an ambassador 51
of a legislatively foreign jurisdiction and as a public officer of "Heaven, Inc.", a private foreign corporation. 52
God is the ONLY "sovereign" and the source of all sovereignty. We must be acting as His agent and fiduciary 53
before we can exercise any sovereignty at all. Any attempt by so-called "government" to interfere with our 54
Injury Defense Franchise and Agreement 11 of 39 Rev. 10-26-2010 EXHIBIT:________
ability to act as His fiduciaries is a direct interference with our right to contract and the free exercise of 1
religion. See: 2
Delegation of Authority Order from God to Christians, Form #13.007 http://sedm.org/Forms/SelfFamilyChurchGovnce/DelOfAuthority.pdf 24.12. Capable of being civilly sued ONLY under the common law and equity and not under any statutory civil law. 3
All statutory civil laws are law for government and public officers, and NOT for private human beings. They 4
are civil franchises that only acquire the "force of law" with the consent of the subject. See: 5
Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037 http://sedm.org/Forms/05-MemLaw/StatLawGovt.pdf 24.13. Protected from the civil statutory law by the First Amendment requirement for separation of church and state 6
because we Christians are the church and our physical body is the "temple" of the church. See: 1 Cor. 6:19. 7
24.14. Responsible for all the injuries they cause to every other person under equity and common law ONLY, and not 8
under civil statutory law. 9
25. “State”: Means the “State” defined in 4 U.S.C. 禮110(d) as a federal territory or possession and not any state of the 10
Union. 11
25.1. “individual”: Defined as a human being and NOT a statutory “person” that: 12
25.2. Excludes the “individual” defined in 26 C.F.R. 禮1.1441-1(c)(3) . 13
25.3. Excludes “aliens” as defined in 26 U.S.C. 禮7701(b)(1)(A) and “nonresident aliens” as defined in 26 U.S.C. 14
禮7701(b)(1)(B). 15
25.4. Excludes the definition found in 5 U.S.C. 禮552a(a)(2) , who are all “domiciliaries” of the “United States”. 16
25.5. Excludes the statutory “citizens and nationals of the United States” defined in 8 U.S.C. 禮1401. 17
25.6. Includes those who are nonresident aliens not engaged in a “trade or business” who have no earnings from the 18
“United States” as defined in 26 U.S.C. 禮7701(a)(9) and (a)(10) and whose estate is a “foreign estate” pursuant to 19
26 U.S.C. 禮7701(a)(31). 20
26. “taxpayer”: Defined as human being and NOT a statutory “person” who is: 21
26.1. NOT the entity described in 26 U.S.C. 禮7701(a)(14) or 26 U.S.C. 禮1313 or any other statute or regulation 22
published by the United States federal government. 23
26.2. NOT subject to any provision of the Internal Revenue Code or any other statute or regulation published by the 24
United States federal government, which is foreign law. 25
26.3. Whose entire estate is a “foreign estate” pursuant to 26 U.S.C. 禮7701(a)(31) 26
27. Terrorism: Any action taken by either a government or a government actor which is done without the express written 27
consent of the Protected Party and which causes a loss or injury to the property, time, or resources of the Protected 28
Party. 29
28. “trade or business”: Defined in 26 U.S.C. 禮7701(a)(26) as “the functions of a public office”. Excludes anything or 30
class of thing not expressly described somewhere in the Internal Revenue Code. See: 31
The “Trade or Business” Scam, Form #05.001 http://sedm.org/Forms/FormIndex.htm 29. “transferor”: Defined as all the following: 32
29.1. The entity or human being selling real property that is NOT located in the “United States” as defined in 26 U.S.C. 33
禮7701(a)(9) and (a)(10), not connected with a “trade or business” as defined in 26 U.S.C. 禮7701(a)(26). 34
29.2. The owner of real property that is not subject to the Federal Investment in Real Property Transfer Act (FIRPTA), 35
26 U.S.C. 禮897, the proceeds of which is not “gross income” as described in 26 U.S.C. 禮61 and which does not 36
originate from “sources within the United States” described in 26 U.S.C. 禮871. 37
29.3. NOT the entity defined in 26 U.S.C. 禮1445(f)(1) 38
29.4. NOT the “taxpayer” defined in 26 U.S.C. 禮7701(a)(14) or 26 U.S.C. 禮1313. 39
30. “United States”: means the United States government corporation defined in 28 U.S.C. 禮3002(15)(A) and excludes 40
states of the Union as used in the Constitution of the United States of America. 41
31. “U.S. person”: Defined as: 42
31.1. NOT the entity described 26 U.S.C. 禮7701(a)(30) or any other statute or regulation published by the United 43
States federal government. 44
31.2. Those domiciled in either a state of the Union or a foreign country on land not under the exclusive jurisdiction of 45
the United States Federal Government as documented in 40 U.S.C. 禮3112. 46
32. “wage” or “wages”: The term defined in 26 U.S.C. 禮3401(a) . Excludes earnings of human beings who are not 47
engaged in a “public office” or a “trade or business” or who have not made an “election” to associate their earnings 48
with a “public office” by voluntarily submitting an “agreement” pursuant to 26 C.F.R. 禮31.3401(a)-3(a), and 26 C.F.R. 49
禮31.3402(p)-1. Consequently, anyone who does not submit an IRS form W-4 and who is not otherwise engaged in a 50
“public office” earns no reportable “wages” or “gross income” in connection with their labor pursuant to 26 C.F.R. 51
禮31.3401(a)-3(a), and 26 C.F.R. 禮31.3402(p)-1. 52
Injury Defense Franchise and Agreement 12 of 39 Rev. 10-26-2010 EXHIBIT:________
The 1
legal or statutory definitions for words used in all interactions between the parties in turn:
2
1. Shall be based FIRST upon statutory definitions provided.
3
2. Shall conclusively be presumed to EXCLUDE the ordinary or EXCLUSIVELY PRIVATE civil context for the
4
meaning of words. This is because the ability to regulate EXCLUSIVELY PRIVATE conduct is REPUGNANT TO
5
THE CONSTITUTION as held by the U.S. Supreme Court.
6
3. Shall rely FIRST on the Sovereignty Forms and Instructions Online, Form #10.004, Cites By Topic for the statutory
7
definitions.
8
4. May not ADD anything not EXPRESSLY appearing in any statute in which they are defined, if a statutory definition is
9
provided. Any attempt to do so shall be interpreted as TREASON by the judge or government prosecutor who attempts
10
it.
11
"When a statute includes an explicit definition, we must follow that definition, even if
12
it varies from that term's ordinary meaning. Meese v. Keene, 481 U.S. 465, 484-485
13
(1987) ("It is axiomatic that the statutory definition of the term excludes unstated meanings
14
of that term"); Colautti v. Franklin, 439 U.S. at 392-393, n. 10 ("As a rule, `a definition
15
which declares what a term "means" . . . excludes any meaning that is not stated'"); Western
16
Union Telegraph Co. v. Lenroot, 323 U.S. 490, 502 (1945) ; Fox v. Standard Oil Co. of
17
N.J., 294 U.S. 87, 95-96 (1935) (Cardozo, J.); see also 2A N. Singer, Sutherland on
18
Statutes and Statutory Construction 禮 47.07, p. 152, and n. 10 (5th ed. 1992) (collecting
19
cases). That is to say, the statute, read "as a whole," post at 998 [530 U.S. 943] (THOMAS,
20
J., dissenting), leads the reader to a definition. That definition does not include the Attorney
21
General's restriction -- "the child up to the head." Its words, "substantial portion," indicate
22
the contrary."
23
[Stenberg v. Carhart, 530 U.S. 914 (2000) ]
24
The purpose of this requirement is to eliminate ALL presumptions from any legal proceeding about what we might write or
25
say so that such false and unauthorized presumptions cannot be used to discredit or slander us or prejudice our rights or
26
sovereignty. For instance, here are two examples:
27
Other than the words defined above, all words used in this agreement shall have only the common meaning ascribed to
28
them and shall NOT be construed in any way to have the legal meaning found in any federal or state law. The only
29
exception to this rule is that when a word is surrounded in quotation marks and preceded or succeeded by an indication of the
30
legal definition upon which it is based, then and only then will it assume the legal definition. The legal definitions for words
31
used on this website, in turn, shall be based entirely upon the Sovereignty Forms and Instructions Online, Form #10.004,
32
Cites By Topic. The purpose of this requirement is to eliminate ALL presumptions from any legal proceeding about what
33
we might write or say so that such false and unauthorized presumptions cannot be used to discredit or slander us or prejudice
34
our rights or sovereignty. For instance, here are two examples:
Statement from this website
Meaning
Wages are not taxable
Earnings from labor of a human being that do not fit the description of "wages" defined in 26 U.S.C. 禮3401(a) and 26 C.F.R. 禮31.3401(a)-3 are not taxable without the consent of the subject. "Wages" are taxable
Wages as defined in 26 U.S.C. 禮3401(a) and 26 C.F.R. 禮31.3401(a)-3 ARE taxable because they fit the legal description of "wages".
35
Key to Capitalization Conventions within Laws. Whenever you are reading a particular law, including the U.S.
36
Constitution, or a statute, the Sovereign referenced in that law, who is usually the author of the law, is referenced in the law
37
with the first letter of its name capitalized. For instance, in the U.S. Constitution the phrase “We the People”, “State”, and
38
“Citizen” are all capitalized, because these were the sovereign entities who were writing the document residing in the
39
States. This document formed the federal government and gave it its authority. Subsequently, the federal government wrote
40
statutes to implement the intent of the Constitution, and it became the Sovereign, but only in the context of those territories
41
and lands ceded to it by the union states. When that federal government then refers in statutes to federal “States”, for instance
42
in 26 U.S.C. 禮7701(a)(10) or 4 U.S.C. 禮110(d), then these federal “States” are Sovereigns because they are part of the territory
43
controlled by the Sovereign who wrote the statute, so they are capitalized. Foreign states referenced in the federal statutes
44
then must be in lower case. The sovereign 50 union states, for example, must be in lower case in federal statutes because of
45
this convention because they are foreign states. Capitalization is therefore always relative to who is writing the document,
Injury Defense Franchise and Agreement 13 of 39 Rev. 10-26-2010 EXHIBIT:________
which 1
is usually the Sovereign and is therefore capitalized. The exact same convention is used in the Bible, where all
2
appellations of God are capitalized because they are sovereigns: “Jesus" ”, “God”, “Him”, “His”, “Father”. These words
3
aren’t capitalized because they are proper names, but because the entity described is a sovereign or an agent or part of the
4
sovereign. The only exception to this capitalization rule is in state revenue laws, where the state legislators use the same
5
capitalization as the Internal Revenue Code for “State” in referring to federal enclaves within their territory because they
6
want to scam money out of you. In state revenue laws, for instance in the California Revenue and Taxation Code, 禮禮17018
7
and 6017, “State” means a federal State within the boundaries of California and described as part of the Buck Act of 1940
8
found in 4 U.S.C. 禮禮105-113. See the following URL to see what we mean:
9
Terms in Quotation Marks: Whenever a term appears in quotation marks, we are using the statutory or regulatory definition
10
of the term instead of the layman’s or dictionary definition. We do this to clarify which definition we mean and to avoid
11
creating the kind of confusion with definitions that our government and the unethical lawyers who work in it are famous
12
for. For instance, when we use say “employee”, we mean the statutory definition of that term found in 26 U.S.C. 禮3401(c )
13
and 26 C.F.R. 禮31.3401(c )-1 rather than the common definition everyone uses, which means anyone who receives
14
compensation for their labor. “Employees” are much more narrowly defined in the Internal Revenue Code to mean elected
15
or appointed officers of the U.S. government only. We also put terms in quotation marks if they are new or we just introduced
16
the term, to emphasize that we are trying to explain what the word means.
17
Geographical terms: The following geographical definitions apply within the context of discussions about law.
18
Table 1: Meaning of geographical “words of art”
Law Federal
constitution
Federal statutes
Federal regulations
State constitutions
State statutes
State regulations
Author Union
States/ ”We The People”
Federal Government “We The
People”
State Government
“state” Foreign country
Union state Union state Other Union
state or federal government
Other Union state or federal government
Other Union state or federal government
“State” Union state Federal state Federal state Union state Union state Union state “in this State” or “in the State” 1F
NA NA NA NA Federal enclave within state
Federal enclave within state 1 “State” 2F 2 (State Revenue and taxation code only)
NA NA NA NA Federal enclave within state
Federal enclave within state
“several States”
Union states collectively 3 F
Federal “States” collectively
Federal “States” collectively
Federal “States” collectively
Federal “States” collectively
Federal “States” collectively
“United States”
3
states of the Union collectively
Federal United States**
Federal United States**
United States* the country
Federal United States**
Federal United States**
19
NOTES:
20
1. The term “Federal state” or “Federal ‘States’” as used above means a federal territory as defined in 4 U.S.C. 禮110(d) and
21
EXCLUDES states of the Union.
22
2. The term “Union state” means a “State” mentioned in the United States Constitution, and this term EXCLUDES and is
23
mutually exclusive to a federal “State”.
1 See California Revenue and Taxation Code, 禮6017.
2 See California Revenue and Taxation Code, 禮17018.
3 See, for instance, U.S. Constitution Article IV, Section 2.
Injury Defense Franchise and Agreement 14 of 39 Rev. 10-26-2010 EXHIBIT:________
3. If you would like to investigate the various “words of art” that lawyers in the federal government use to deceive you, we 1
recommend the following: 2
3.1. Sovereignty Forms and Instructions Online, Form #10.004, Cites By Topic: 3
http://famguardian.org/TaxFreedom/FormsInstr-Cites.htm 4
3.2. Great IRS Hoax, Form #11.302, Sections 3.9.1 through 3.9.1.28. 5
http://sedm.org/Forms/FormIndex.htm 6
What the above table clearly shows is that the word “State” in the context of federal statutes and regulations means (not 7
includes!) federal States only under Title 48 of the U.S. Code[4], and these areas do not include any of the 50 Union 8
States. This is true in most cases and especially in the Internal Revenue Code. The lower case word “state” in the context of 9
federal statutes and regulations means one of the 50 union states, which are “foreign states”, and “foreign countries” with 10
respect to the federal government as clearly explained in section 5.2.11 of the Great IRS Hoax, Form #11.302 book. In the 11
context of the above, a “Union State” means one of the 50 Union states of the United States* (the country, not the federal 12
United States**) mentioned in the Constitution for the United States of America. 13
Parties stipulate that: 14
1. The purpose of providing statutory definition is to supersede rather than enlarge the ordinary meaning of a word. 15
2. They will not add anything or class of things that does not expressly appear within the statutory definition of any term 16
within any law. 17
3. They will not use the expansive or additive sense of the words “include” or “includes” to infer authority to add any 18
thing or class of things to the statutory definition of a term that does not expressly appear in the definition or 19
SOMEWHERE in the statutes. See: 20
Legal Deception, Propaganda, and Fraud, Form #05.014 http://sedm.org/Forms/FormIndex.htm 4. Definitions in this section apply to and supersede definitions of any and all terms on any tax form received by the 21
Government Actor and pertaining to the Protected Party or his agents or assigns. Statutory definitions used on 22
government forms do not apply unless the specific statute that provides the definition is referenced within the government 23
publication, ruling, or form that invokes it the term. 24
5. Government Actor agrees to comply with the rules of statutory construction for all terms he/she/it uses in strict 25
compliance with the following: 26
5.1. Legal Deception, Propaganda, and Fraud, Form #05.014 27
http://sedm.org/Forms/FormIndex.htm 28
5.2. Rules of Presumption and Statutory Interpretation, Litigation Tool #10.003 29
http://sedm.org/Litigation/LitIndex.htm 30
6. Any violation of the provisions in this section shall constitute the establishment of a state sponsored religion where 31
6.1. Presumption serves as an equivalent of “faith”. 32
6.2. The judge becomes the priest. 33
6.3. The attorneys become the deacons. 34
6.4. The court becomes the church. 35
6.5. The statute becomes a voluntary franchise. 36
6.6. Fees charged under the franchise become tithes to the state sponsored church. 37
6.7. Pleadings become “prayers” to the priest. 38
6.8. The “superior being” being worshipped is the socialist collective or a civil ruler, rather than the true and living 39
God. 40
3 Significance of Identifying Numbers Used in Correspondence between by 41
Protected Party and either Government or Government Actor 42
Parties to this agreement stipulate the following facts in connection with all of their interactions: 43
1. Pursuant to 26 C.F.R. 禮1.1441-1(c)(3), all “individuals” are “taxpayers” and statutory “aliens”. Consequently, SSNs 44
may only lawfully be used as a substitute for TINs in the case of a statutory but not constitutional alien. Since Protected 45
Person is NOT a statutory alien or statutory “individual” in relation to the national government as a person born within 46
and/or domiciled within the constitutional but not statutory “United States”, then Protected Person would be committing 47
fraud to either obtain or to use a Taxpayer Identification Number from the IRS or to use an SSN in place of a TIN. 48
Injury Defense Franchise and Agreement 15 of 39 Rev. 10-26-2010 EXHIBIT:________
2. Statutory “Nonresident aliens” not engaged in the “trade or business”/public office franchise such as myself are not 1
required to have or to use Taxpayer Identification Numbers or Social Security Numbers in connection with any financial 2
arrangement or transaction pursuant to the following: 3
31 C.F.R. 禮306.10 4
2 Taxpayer identifying numbers are not required for foreign governments, nonresident 5
aliens not engaged in trade or business within the United States, international 6
organizations and foreign corporations not engaged in trade or business and not having 7
an office or place of business or a financial or paying agent within the United States, and 8
other persons or organizations as may be exempted from furnishing such numbers under 9
regulations of the Internal Revenue Service. 10
3. The terms “Social Security Number”, “SSN”, “Employer Identification Number”, “EIN”, “Taxpayer Identification 11
Number”, or “TIN” as used on any government forms and all correspondence means “Nontaxpayer Identification 12
Number (NIN)”, signifying that the Protected party is a “nontaxpayer” who does not meet the definition of “taxpayer” 13
found in 26 U.S.C. 禮7701(a)(14), who is not subject to any provision within the Internal Revenue Code, who is a 14
“nonresident alien” not engaged in a “trade or business”, and who has no earnings from within the “United States” as 15
described in 26 U.S.C. 禮871. 16
4. The term “Social Security Number” or “SSN” as used on the attached government forms IS NOT the number issued 17
under the authority of 20 C.F.R. 禮422.104, which can only lawfully be issued to federal employees, agents, and benefit 18
recipients, none of which describe the Protected Party. See and rebut the following if you disagree: 19
Resignation of Compelled Social Security Trustee, Form #06.002 http://sedm.org/Forms/FormIndex.htm 5. The term “Employer Identification Number” or “EIN” as used on all government forms IS NOT the number issued under 20
the authority of 26 U.S.C. 禮6109 or any other Act of Congress. Instead, it means a “Nontaxpayer Identification Number” 21
or “NIN” as defined above. 22
6. The term “Taxpayer Identification Number” or “TIN” as used on the All government forms and correspondence IS 23
NOT the number issued under the authority of either 26 U.S.C. 禮6109 or any other Act of Congress. Instead it means a 24
“Nontaxpayer Identification Number” or “NIN” as defined above. 25
7. All “Nontaxpayer Identification Numbers” or “NINs”, or any other synonym described in this section and included in 26
any form or attachment included herein or submitted on any previous government form are the exclusive, licensed, 27
copyrighted intellectual property of the Protected Party. They are protected by the Copyright Act codified in Title 17 of 28
the U.S. Code and this license agreement. Any use by the government of this property for any commercial or government 29
purpose, including tax collection, is STRICTLY PROHIBITED. Each unauthorized use is punishable by a penalty of 30
$100,000 per incident plus any tax or penalty assessment associated with the unauthorized use. 31
8. Providing any kind of identifying number on any government form shall NOT be evidence of consent to engage in a 32
privileged “trade or business” franchise as described in 26 U.S.C. 禮7701(a)(26). Instead, it shall be evidence of NON- 33
consent to engage in said franchise and a formal request to criminally prosecute the company, financial institution, and/or 34
government entity associated with the submission for criminal racketeering in violation of 18 U.S.C. 禮1956 and 35
“extortion under the color of law” for compelling the use of said identifying number in violation of 42 U.S.C. 禮408. 36
WARNING!: You may not lawfully use any government issued identifying number in connection with the Protected Party, 37
such as a Social Security Number (SSN) as defined in 20 C.F.R. 422.103(d), Taxpayer Identification Number (TIN) as defined 38
in 26 U.S.C. 禮6109, or Employer Identification Number (EIN) as defined in 26 U.S.C. 禮6109. Protected Party: 39
1. Does not participate and is not lawfully eligible to participate in Social Security or the “trade or business” excise 40
taxable franchise described in 26 U.S.C. Subtitle A. 41
2. Is not a statutory “U.S. person” (26 U.S.C. 禮7701(a)(30)) for which a “Taxpayer Identification Number” may lawfully 42
be used pursuant to 26 U.S.C. 禮6109 and 26 C.F.R. 禮301.6109-1. 43
3. May not lawfully use or possess any government identifying number because it is “public property” which belongs to 44
the government pursuant to 20 C.F.R. 禮422.103(d). Only “public officers” on official business may lawfully use public 45
property, and only in strict accordance with law for the benefit of the government and not them as private individuals. 46
4. Is appearing here as a PRIVATE HUMAN BEING and not a PUBLIC OFFICER. If you compel me to use a 47
government identifying number, you are an accessory to criminal conversion of private property to a public use and a 48
public purpose if you connect me or my assets with a public number in violation of 18 U.S.C. 禮654. You could end up 49
in jail for up to ten years if you put an identifying number on any records pertaining to me or my property, assets, or 50
my earnings from PRIVATE employment. 51
Injury Defense Franchise and Agreement 16 of 39 Rev. 10-26-2010 EXHIBIT:________
5. Has been a victim of identity theft, compelled association, and conversion by the government and its agents in banks 1
and financial institutions in the past by unlawfully and involuntarily connecting him/her with knowingly false and 2
fraudulent identifying numbers in criminal violation of 18 U.S.C. 禮1028(a)(7), 18 U.S.C. 禮1028A, and a civil violation 3
of 42 U.S.C. 禮408(a)(7) and 42 U.S.C. 禮405(c)(2)(C)(i). He/she would like to prevent a recurrence of this behavior 4
again. 5
6. Will file a criminal complaint in connection with the use of any government issued identifying number connected with 6
his exclusively PRIVATE life, property, and liberty and vociferously prosecute all those who unlawfully compel him 7
to use a knowingly false number or any number at all in order to obtain any service or product in violation of 42 U.S.C. 8
禮408. 9
If the number “000-00-0000” appears in the TIN or SSN block on the attached government form, then it means that Protected 10
Person doesn’t have a validly issued STATUTORY SSN or TIN. Consequently, Protected Person is not “federal personnel” 11
as indicated in 5 U.S.C. 禮552a(a)(13) . 12
If a number other than “000-00-0000” for the SSN/TIN was provided on the attached government form: 13
1. It was provided under unlawful duress because the agent accepting the form threatened to withhold issuance of the 14
passport if Protected Person would not provide a number. It is a CRIME to compel the use of such numbers per 42 15
U.S.C. 禮408(a)(8) . 16
2. The number shall be treated AS IF it were “000-00-0000”, regardless of what it says. 17
3. The acceptance agent, by instituting duress in compelling the use of government numbers, is attempting to convert 18
constitutional rights into statutory privileges and franchises, which is a CRIMINAL CONSPIRACY against my rights 19
punishable under 18 U.S.C. 禮241. Anyone who does any of the following is party to said conspiracy: 20
3.1. Anyone he or she talked to about how to circumvent my attempts to avoid enumeration is party to said conspiracy. 21
3.2. Anyone who fails or omits deliberately to prosecute the crimes indicated herein. 22
4. The number provided is NOT the number described in 26 U.S.C. 禮6109, 20 C.F.R. 禮422.103(d), or any other federal 23
law, statute, or regulation. Hence, it is not subject to being either true, false, factual, or consistent with any record in 24
possession of any government. The clerk said it was their “POLICY” (not LAW, but POLICY) to require a number and 25
could show me no law. Well, if he or she can invent such policy, then Protected Person can INVENT a Nonstatutory 26
number that conforms with the POLICY but also is equally not subject to or susceptible to the requirements of the law. 27
The constitution protects the equality of ALL PERSONS, and hence, Protected Person has the EQUAL right to make 28
“POLICY” to counteract the DOS’s policy to prevent injury to his/her own private rights. 29
5. The applicant, being under unlawful, criminal duress, does not vouch for the accuracy of said number. Instead, it is: 30
5.1. NONFACTUAL political beliefs and opinions that are not admissible as evidence in any legal proceeding and not 31
legally actionable in any manner. 32
5.2. NOT the “Social Security Number” defined in 20 C.F.R. 禮422.103. 33
5.3. NOT the “Taxpayer Identification Number” (TIN) described in 26 U.S.C. 禮6109. 34
6. The applicant does not “have” a number described in 26 U.S.C. 禮6109, 20 C.F.R. 禮422.103(d) and cannot legally “have” 35
such a number. One can only “have” something that they own and control. Protected Person doesn’t control the number 36
because if he/she did, he/she could tell the government they CANNOT use it, so it must not be mine. The notion of 37
“property” implies the right to FORBID other people from using or benefitting from something so I must not “OWN” a 38
government number. Both the Social Security Card and 20 C.F.R. 禮422.103(d) say the card and the number belong to 39
the GOVERNMENT and not the applicant, and therefore it is a legal and rational impossibility for me to “have” 40
government property unless Protected Person is a public officer managing government property and serving in an official 41
capacity. In fact, Protected Person DOES NOT consent to represent a public office in the government and it is a crime 42
to unilaterally elect or appoint myself into such an office. Furthermore, filling out an SS-5 form or W-9 form and asking 43
for such a number cannot and does not CREATE any public office in the government and any attempt to use it for that 44
purpose is a violation of 18 U.S.C. 禮912. It is acknowledged as a CRIME to use government property such as a statutory 45
SSN or TIN for a private purpose or personal benefit. Hence, the number provided MUST be described herein as NOT 46
corresponding with anything described in any federal law and NOT to be used for any enforcement or government 47
purpose because not connected with any existing application the government has ever received. 48
7. The power to create is the power to define, and since Protected Person created the form being processed, then Protected 49
Person is the only one who can define both the meaning or the intended meaning of every word or phrase on the form. I 50
must do so in order to avoid being victimized by the self-serving and usually FALSE presumptions of others or conferring 51
undue discretion to a government bureaucrat or judge to INVENT a meaning I didn’t intend. 52
If a Social Security Number (SSN) or Taxpayer Identification Number (TIN) other than “000-00-0000” was provided on the 53
application, recipient of this form is requested to prosecute the acceptance agent for: 54
Injury Defense Franchise and Agreement 17 of 39 Rev. 10-26-2010 EXHIBIT:________
1. Compelled use of Social Security Numbers under 42 U.S.C. 禮408(a)(8). 1
2. Identity theft under the following for the commercial abuse of my identity for personal gain without my consent: 2
2.1. 42 U.S.C. 禮405(c)(2)(C)(i) 3
2.2. 42 U.S.C. 禮408(a)(7) 4
2.3. 18 U.S.C. 禮1028(a)(7) 5
2.4. 18 U.S.C. 禮1028A. 6
2.5. Equivalent state statutes indicated in: 7
http://sedm.org/GIS/JurisdictionDB.aspx?state=AK 8
4 Parties 9
The two parties to this agreement include: 10
1. The private party, hereinafter called the Protected Party, who sent the Government Actor this franchise and agreement 11
or referenced it in their correspondence with government actors. This person is the ONLY Merchant under U.C.C. 禮2- 12
104(1) in the context of any and every interaction with any or every government. 13
2. The government officer or agency, hereinafter called the Government Actor. This legal person is the Buyer under 14
U.C.C. 禮2-103(1)(a) in relation to the Protected Party. This party fits one or more of the following criteria: 15
2.1. Initiated communication with the Protected Party requiring a response or .. 16
2.2. Made any demands upon the time or property of the Protected Party. or.. 17
2.3. Made the Protected Party the target of enforcement for any government franchise, including but not limited to 18
Income taxes under Internal Revenue Code, Subtitles A through C, Social Security, Vehicle Code, Family Code, 19
or any other government franchise or debt. . . .or 20
2.4. Is acting as a withholding agent pursuant to 26 U.S.C. 禮7701(a)(16) or filing any kind of information return 21
against the Protected Party. Information returns include those submitted under the authority of 26 U.S.C. 禮6041. 22
5 Consideration 23
1. Consideration provided by Protected Party to Government Actor: 24
1.1. Responses to unwelcome correspondence sent by Government Actor. 25
1.2. The use of any information from, to, or about the Protected Party, and especially involving anything having a 26
commercial consequence. 27
1.3. Services of Protected party to effect actions required to enforce this agreement. 28
1.4. Receiving temporary use, custody, and control of any and all monies withheld by anyone from my earnings and 29
paid ultimately to the government. I am a man or woman or entity that is: 1. A nonresident not engaged in the 30
“trade or business” franchise; 2. With no statutory “income” from the statutory “United States”; 3. Who never 31
consented to withholding; 4. And against whom all information return reporting is FALSE. As such, any 32
withholdings or reportings are under protest, under duress, are the product of constructive FRAUD and 33
CRIMINAL misconduct on the part of the government, and are unlawfully withheld and paid. FRAUD has 34
occurred because this franchise makes all statements of the recipient and/or government factual and material 35
relating to tax reporting and withholding, and omissions and misfeasance by the government cause conduct that is 36
inconsistent with and a violation of the written law. These monies may therefore not lawfully be retained either 37
by you or the government without you being guilty of criminal money laundering and being an accessory after the 38
fact to the crimes documented herein. I don’t have to become a privileged franchisee called a “taxpayer” or 39
pursue a statutory “refund” in order to get these monies back, because they are laundered monies resulting from 40
CRIMINAL RACKETEERING, EXTORTION, and FRAUD that are due back WITHOUT even requesting them 41
back. 42
“A claim against the United States is a right to demand money from the United States. 4 43
Such claims are sometimes spoken of as gratuitous in that they cannot be enforced by suit 44
without statutory consent. 5 The general rule of non-liability of the United States does 45
not mean that a citizen cannot be protected against the wrongful governmental acts that 46
4 United States ex rel. Angarica v. Bayard, 127 U.S. 251, 32 L.Ed. 159, 8 S.Ct. 1156, 4 A.F.T.R. 4628 (holding that a claim against the Secretary of State for money awarded under a treaty is a claim against the United States); Hobbs v. McLean, 117 U.S. 567, 29 L.Ed. 940, 6 S.Ct. 870; Manning v Leighton, 65 Vt. 84, 26 A. 258, motion dismd 66 Vt. 56, 28 A 630 and (disapproved on other grounds by Button’s Estate v. Anderson, 112 Vt. 531, 28 A.2d. 404, 143 A.L.R. 195).
5 Blagge v. Balch, 162 U.S. 439, 40 L.Ed. 1032, 16 S.Ct. 853.
Injury Defense Franchise and Agreement 18 of 39 Rev. 10-26-2010 EXHIBIT:________
affect the citizen or his or her property.6 If, for example, money or property of an 1
innocent person goes into the federal treasury by fraud to which a government agent was 2
a party, the United States cannot [lawfully] hold the money or property against the claim 3
of the injured party.7” 4
[American Jurisprudence 2d, United States, 禮45 (1999)] 5
____________________________________________________________________ 6
“When the Government has illegally received money which is the property of an innocent 7
citizen and when this money has gone into the Treasury of the United States, there arises 8
an implied contract on the part of the Government to make restitution to the rightful owner 9
under the Tucker Act and this court has jurisdiction to entertain the suit. 10
90 Ct.Cl. at 613, 31 F.Supp. at 769.” 11
[Gordon v. U. S., 227 Ct.Cl. 328, 649 F.2d. 837 (Ct.Cl., 1981)] 12
_____________________________________________________________________ 13
California Civil Code 14
Section 2224 15
“One who gains a thing by fraud, accident, mistake, undue influence, the violation of a 16
trust, or other wrongful act, is, unless he or she has some other and better right thereto, an 17
involuntary trustee of the thing gained, for the benefit of the person who would otherwise 18
have had it.” 19
____________________________________________________________________ 20
“The United States, we have held, cannot, as against the claim of an innocent party, hold 21
his money which has gone into its treasury by means of the fraud of its agent. While here 22
the money was taken through mistake without element of fraud, the unjust retention is 23
immoral and amounts in law to a fraud of the taxpayer's rights. What was said in the State 24
Bank Case applies with equal force to this situation. ‘An action will lie whenever the 25
defendant has received money which is the property of the plaintiff, and which the 26
defendant is obligated by natural justice and equity to refund. The form of the 27
indebtedness or the mode in which it was incurred is immaterial.“ 28
[Bull v. United States, 295 U.S. 247, 261, 55 S.Ct. 695, 700, 79 L.Ed. 1421] 29
2. Consideration provided by Government Actor: 30
2.1. Obedience to this franchise contract. 31
2.2. Implementation of the goals of their oath as a public officer to support and defend the Constitution against 32
domestic enemies, which their employer constitutes by either: 33
2.2.1. Offering or enforcing franchises outside of federal territory or within the borders of a state of the Union. 34
2.2.2. Instituting any of the behaviors associated with the definition of “de facto government” found earlier in 35
section 2, the definitions section. 36
6 Authority for Establishment 37
The authority for establishment of this franchise is the right to control the use of my private property, which includes my 38
labor and all property held in my name. The purpose of establishing government is to protect PRIVATE property and to 39
KEEP said property from being converted to the use of anyone else or from being converted to public property under a 40
government franchise. 41
“How, then, are purely equitable obligations created? For the most part, either by the acts 42
of third persons or by equity alone. But how can one person impose an obligation upon 43
another? By giving property to the latter on the terms of his assuming an obligation in 44
respect to it. At law there are only two means by which the object of the donor could be 45
6 Wilson v. Shaw, 204 U.S. 24, 51 L.Ed. 351, 27 S.Ct. 233.
7 Bull v. United States, 295 U.S. 247, 79 L.Ed. 1421, 55 S.Ct. 695, 35-1 U.S.T.C. 繞 9346, 15 A.F.T.R. 1069; United States v. State Bank, 96 U.S. 30, 96 Otto. 30, 24 L.Ed. 647.
Injury Defense Franchise and Agreement 19 of 39 Rev. 10-26-2010 EXHIBIT:________
at all accomplished, consistently with the entire ownership of the property passing to the 1
donee, namely: first, by imposing a real obligation upon the property; secondly, by 2
subjecting the title of the donee to a condition subsequent. The first of these the law does 3
not permit; the second is entirely inadequate. Equity, however, can secure most of the 4
objects of the doner, and yet avoid the mischiefs of real obligations by imposing upon the 5
donee (and upon all persons to whom the property shall afterwards come without value or 6
with notice) a personal obligation with respect to the property; and accordingly this is 7
what equity does. It is in this way that all trusts are created, and all equitable charges 8
made (i. e., equitable hypothecations or liens created) by testators in their wills. In this 9
way, also, most trusts are created by acts inter vivos, except in those cases in which the 10
trustee incurs a legal as well as an equitable obligation. In short, as property is the subject 11
of every equitable obligation, so the owner of property is the only person whose act or 12
acts can be the means of creating an obligation in respect to that property. Moreover, the 13
owner of property can create an obligation in respect to it in only two ways: first, by 14
incurring the obligation himself, in which case he commonly also incurs a legal 15
obligation; secondly, by imposing the obligation upon some third person; and this he 16
does in the way just explained.” 17
[Readings on the History and System of the Common Law, Second Edition, Roscoe Pound, 18
1925, p. 543] 19
The only requirement that Protected Party has to meet in order to lawfully impose a duty upon you is that he/she/it: 20
1. Conveys rights or property to a Government Actor. 21
2. Gives Government Actor formal, timely, and reasonable notice of the terms and conditions under which Government 22
Actor receives the property or rights constituting the consideration specified in this agreement. 23
This agreement shall therefore and henceforth serve as “reasonable notice” of the terms of receipt of said PRIVATE property 24
in the temporary custody of Government Actor and/or his agents or assigns. Notice to the agent shall also serve as notice to 25
the principal. This means that: 26
1. If you are working for a government in corresponding or interacting with me, you also implicitly agree to notify all 27
others who might interact with me in that same government that they are similarly bound by the terms of this franchise 28
and agreement. 29
2. In the event that you do not, you also agree to act as personal surety and an officer for any and all other human beings 30
who also communicate or interact with me beyond the point that you have initiated this contact or interaction. 31
The above tactic is the same tactic the government uses against private people, whereby they use the tax system franchise to 32
make innocent and unaware person into surety for endless and irresponsible deficit spending and public debt by career 33
politicians. Hence, I am entitled to equal protection and equal treatment. 34
This franchise agreement operates the same as the federal government’s franchises: and Protected Party is entitled to equal 35
protection and equal treatment: 36
1. Income tax “trade or business” franchise: 37
1.1. The agreement operates as a “quasi-contract”, like the income tax itself. See Milwaukee v. White, 296 U.S. 268 38
(1935). 39
1.2. Consent to the franchise agreement codified in Internal Revenue Code, Subtitle A is based upon unsigned, hearsay 40
third party evidence called an “information return” (W-2, 1042-S, 1098, and 1099) that is usually false because the 41
subject is not engaged in the “public office” franchise and receives no “benefits” thereby. In the case of my/this 42
franchise, such third party hearsay reports consist of any and all administrative correspondence sent by you to me 43
as well as legal pleadings filed in this case containing licensed information about me or relating to commercial/tax 44
transactions, such as my name, address, facts about my conduct, or information illegally seized from a place outside 45
of federal territory. 46
1.3. Using government property called a “Social Security Number” or “Taxpayer Identification Number” in association 47
with someone, which 20 C.F.R. 禮422.103(d) identifies as property of the Social Security Administration and NOT 48
the user, constitutes constructive consent by the person so associated to the terms of the franchise agreement. In 49
that sense, associating the subject with specific information owned by another in the form of an identifying number 50
acts as a prima facie license number to engage in the franchise. In the case of MY franchise, information about me 51
Injury Defense Franchise and Agreement 20 of 39 Rev. 10-26-2010 EXHIBIT:________
is MY PROPERTY and use of this licensed information makes those using or abusing it into my private officers 1
and agents. In law, all rights are “property”, and the Fourth Amendment protects my right to privacy and thereby 2
makes all information about me into “property” which I have a right to exclusive use and control over as “property”. 3
1.4. The government’s “trade or business” franchise confers a “benefit”, which is a reduced or graduated rate of tax 4
under I.R.C. 禮1, earned income credit under I.R.C. 禮32, and “trade or business” deductions under I.R.C. 禮162. 5
Likewise, my/this franchise confers a similar “benefit”, which is the right to invade my privacy, engage in 6
commercial relationships with me, and impose involuntary uncompensated duties upon me by abusing a legal 7
system against me that otherwise has no jurisdiction over me as a human being and not a legal “person” not 8
domiciled or resident on federal territory. 9
1.5. The franchise is based on an “activity”, which is that of a “public office” in the U.S. government (I.R.C. 10
禮7701(a)(26)). The result is agency on behalf of the government by the de facto licensee. Likewise, my franchise 11
agreement also creates agency and fiduciary duty on your part towards me as a private party, which I describe as a 12
“private office” representing my wishes as documented herein. 13
2. Social Security Franchise: 14
2.1. The SSA Form SS-5 is an application for a “card” and associated number, not for “benefits”. 15
2.2. The SS card is identified in 20 C.F.R. 禮422.103(d) as property of the government and not the holder, even AFTER 16
it is received. The back of the card also affirms this relationship and says it must be returned upon request. 17
2.3. The back of the card and the regulations governing its use say that use of the card constitutes effective consent to 18
the statutes regulating use of the property, including penalties. 19
If in defense Government Actor claims any of the following: 20
1. That Protected Party may not acquire rights by the same method as the government, as in Social Security or the “trade 21
or business” franchise...OR 22
2. That Government Actor has no delegated authority to waive sovereign immunity or to consent by anything other than 23
by an act of legislation. 24
. . .then Protected Party invokes and claims the SAME EQUAL right and therefore cannot be and is not subject to any 25
government franchise, nor can he or she become the lawful subject of any enforcement action under said franchise. 26
Furthermore, any and all funds contributed to any such franchise also shall constitute a LOAN and not a GIFT of any kind. 27
All such loans of property also constitute consideration under the terms of this anti-franchise franchise. 28
7 Evidence of Consent to Offer/Agreement 29
Pursuant to U.C.C. 禮1-303, Course of Usage and Trade, evidence of unconditional consent to this agreement shall include 30
any one or more of the following actions: 31
1. Signing this agreement. 32
2. Making any demands upon the valuable time, resources, or property of the Protected Party. 33
3. Claiming a right or interest to any of the property of the Protected Party. 34
3. Adversely affecting constitutionally protected rights of the Protected Party. 35
4. Treating Protected Party as a “citizen”, “resident”, or domiciliary under any federal law or moving his identity to the 36
District of Columbia under any franchise agreement, such as that codified at 26 U.S.C. 禮7408(d) and 26 U.S.C. 37
禮7701(a)(39). 38
5. Engaging in or attempting to engage in any kind of commercial relationship with Protected Party or using his/her/its 39
name in connection with a commercial obligation, which thereby causes an implied surrender of sovereign, official, 40
and judicial immunity of the Government Actor in relation to the Protected Party pursuant to 28 U.S.C. 禮1605. This 41
includes instituting penalties, sending bills, or making any kind of financial demands upon the Protected Party. 42
CALIFORNIA CIVIL CODE 43
DIVISION 3. OBLIGATIONS 44
PART 2. CONTRACTS 45
CHAPTER 3. CONSENT 46
Section 1589 47
1589. A voluntary acceptance of the benefit of a transaction is equivalent to a consent to 48
all the obligations arising from it, so far as the facts are known, or ought to be known, to 49
the person accepting. 50
6. Associating the Protected Party with a statutory status under any government franchise, including but not limited to: 51
Injury Defense Franchise and Agreement 21 of 39 Rev. 10-26-2010 EXHIBIT:________
6.1. “driver” under the vehicle code of any state of the Union. 1
6.2. “spouse” under the family code of any state of the Union. 2
6.3. “taxpayer”, “person”, or “individual” under the revenue code of any state of the Union. 3
6.4. “taxpayer”, “person”, “individual”, “citizen”, or “resident” under the Internal Revenue Code, Title 26 of the 4
United States Code. 5
6.5. “citizen of the United States” under 8 U.S.C. 禮1401, 26 U.S.C. 禮3121(e), or 26 C.F.R. 禮1.1-1(c). 6
6.6. “person” or “individual” under the Social Security Act, 42 U.S.C. Chapter 7. 7
6.7. “person” or “individual” under any government healthcare or tax law. 8
8 Rights acquired by Protected Party Against Government Actor 9
Parties acquire the following private rights and private property against the other party under the terms of this franchise and 10
agreement. 11
8.1 Return of Any and all Property of Protected Party Acquired by Government Actor or his 12
Employer 13
Government Actor agrees to be responsible to return any and all property of Protected Party acquired through enforcement 14
or collection activity of any government franchise by either the Government Actor or his/her employer. Property must be 15
returned within 30 days upon receipt and upon written notice to the Government Actor. Failure to return property of Protected 16
Party collected by Government Actor or his/her Employer shall incur a financial liability of TEN TIMES the value of said 17
property. 18
Parties agree that any and all property of Protected Party collected by the Government Actor or his/her employer shall: 19
1. Be characterized as a temporary loan AT INTEREST by Protected Party to Government Actor. 20
2. Make the property custodian into a bailee and transferee over property of Protected Party. This is similar to how the 21
Internal Revenue Code works, in which all “taxpayers” are, in fact, public officers and transferees over public property 22
per 26 U.S.C. 禮6901. 23
3. Subject any and all government custodians of the loaned property into agents and officers and consenting parties under 24
this agreement. Government Actor agrees to give timely notice of the existence of this agreement to any and all 25
OTHER government actors who may be in temporary possession of property of the Protected Party. 26
Protected Party shall have the authority to exercise any and all means necessary to secure the return of his/her/its property 27
under this section as indicated later in section 8.6. This includes, but is not limited to, filing non-judicial liens against 28
Government Actor to include both administrative notices and U.C.C. 1 Financing Statements, with both the county recorder 29
and the secretary of state. 30
Authority for this provision of law is the SAME authority as that used in the issuance of Social Security Cards. The Card 31
itself and the regulations thereunder at 20 C.F.R. 422.103(d) both confirm that even after the card is sent to someone, it 32
continues to be government property, and that possession and use of said card is the authority for instituting penalties and 33
subjecting the applicant to the regulations governing Social Security. The following additional authority confirms this: 34
“How, then, are purely equitable obligations created? For the most part, either by the acts 35
of third persons or by equity alone. But how can one person impose an obligation upon 36
another? By giving property to the latter on the terms of his assuming an obligation in 37
respect to it. At law there are only two means by which the object of the donor could be 38
at all accomplished, consistently with the entire ownership of the property passing to the 39
donee, namely: first, by imposing a real obligation upon the property; secondly, by 40
subjecting the title of the donee to a condition subsequent. The first of these the law does 41
not permit; the second is entirely inadequate. Equity, however, can secure most of the 42
objects of the doner, and yet avoid the mischiefs of real obligations by imposing upon the 43
donee (and upon all persons to whom the property shall afterwards come without value or 44
with notice) a personal obligation with respect to the property; and accordingly this is 45
what equity does. It is in this way that all trusts are created, and all equitable charges 46
made (i.e., equitable hypothecations or liens created) by testators in their wills. In this way, 47
also, most trusts are created by acts inter vivos, except in those cases in which the trustee 48
Injury Defense Franchise and Agreement 22 of 39 Rev. 10-26-2010 EXHIBIT:________
incurs a legal as well as an equitable obligation. In short, as property is the subject of 1
every equitable obligation, so the owner of property is the only person whose act or acts 2
can be the means of creating an obligation in respect to that property. Moreover, the 3
owner of property can create an obligation in respect to it in only two ways: first, by 4
incurring the obligation himself, in which case he commonly also incurs a legal 5
obligation; secondly, by imposing the obligation upon some third person; and this he 6
does in the way just explained.” 7
[Readings on the History and System of the Common Law, Second Edition, Roscoe Pound, 8
1925, p. 543] 9
Parties to this agreement also stipulate that any use of government identifying numbers in connection with their relationship 10
shall NOT mean any number issued under the authority of any federal statute, but instead shall be the license issued from the 11
Protected Party to the Government Actor under the authority of this agreement. This includes “Taxpayer Identification 12
Numbers”, “Social Security Numbers”, etc. 13
8.2 Agency Established 14
This agreement establishes agency on the part of both parties in relation to the other party in delivering the consideration 15
promised by the agreement. This agency supersedes any and all other agency exercised by either party. In the case of the 16
Government Agent, that agency shall be referred to as a “anti-public office” under the terms of this anti-franchise franchise. 17
8.3 Information about Protected Party is PRIVATE Property Subject to Non-Disclosure 18
Any and all information about Protected Party shall be considered private property which shall: 19
1. Not be subject to retention by not subject to disclosure to any government. 20
2. Not be shared outside the agency which received it. 21
3. Shall be purged in its entirety from all government records upon written notice and demand sent by Protected Party to 22
either Government Actor or his/her employer. 23
4. May not be employed for any purpose which could directly or indirectly benefit Government Actor financially, or 24
his/her employer. 25
8.4 Waiver of Government Agency, Official, Judicial, and Sovereign Immunity on the Part of 26
Government Actor 27
Parties stipulate that their duty and allegiance to abide by this agreement is superior to their employment duties and any other 28
agency they may claim to be exercising on behalf of any other entity or government. All parties to this agreement hereby 29
perpetually waive judicial, sovereign, or official immunity associated with any government position or agency they may 30
otherwise occupy in the context of enforcing any provision of this franchise and/or agreement. 31
Protected Party shall witness immunity pursuant to 18 U.S.C. 禮6002 for all interactions with any government. 32
Grant the SAME sovereign immunity to the Protected Party as the government asserts in any litigation between either the 33
recipient or the government and the Protected Party pursuant to the Foreign Sovereign Immunities Act, 28 U.S.C. 禮1603 et 34
seq. 35
8.5 Presumptions Established and Stipulated by All Parties 36
For the purposes of any dispute relating to this or any other government franchise or civil law: 37
1. Parties stipulate that any attempt to enforce this agreement by Protected Party and against the Government Actor shall 38
NOT be classified and IS NOT classified as: 39
1.1. A criminal obstruction of justice of any kind. 40
1.2. Any form of witness tampering, if the Government Actor is a witness in the action. 41
Any claim to the contrary by Government Actor or any third party is hereby stipulated by parties to this agreement to 42
be FALSE, PERJURIOUS, and FRAUDUILENT. If any government attempts to prosecute the above types of crimes 43
Injury Defense Franchise and Agreement 23 of 39 Rev. 10-26-2010 EXHIBIT:________
against the Protected Party and in conflict with the above, then the Government Actor agrees to become the substitute 1
Defendant in such an action and hold the Protected Party harmless.. 2
2. All parties shall be presumed to be innocent until proven guilty with physical evidence and not presumption. This 3
means that they are presumed to be all the following until evidence of consent to acquire a different status is introduced 4
on the record of the proceeding: 5
2.1. “nontaxpayer” and other than a statutory “taxpayer” per 26 U.S.C. 禮7701(a)(14). 6
2.2. “national” under 8 U.S.C. 禮1101(a)(21) but not a statutory “citizen” under 8 U.S.C. 禮1401. 7
2.3. Equal in every respect in rights in relation to every state and federal government until evidence of consent to 8
become UNEQUAL is established on the record of the proceeding. 9
3. All government tax forms sent by Protected Party to Government Agent and/or his employer shall be subject to the 10
terms and conditions described in the following form and the definitions appearing in section 2 earlier: 11
Tax Form Attachment, Form #04.201 http://sedm.org/Forms/FormIndex.htm 4. All parties are presumed to be equal under the law with the following exceptions: 12
4.1. Parties may only become UNEQUAL through their EXPRESS WRITTEN CONSENT. 13
4.2. All parties are human beings protected by the Bill of Rights and state Constitutions. Government as an artificial 14
being has no constitutional rights. 15
4.3. All parties have no delegated authority to consent to government franchises and therefore may not have any 16
government franchise enforced against them in the context of these proceedings. Even written evidence of an 17
application shall not constitute consent. Franchises include the income tax, Social Security, Medicare, 18
Unemployment insurance, government healthcare, driver’s licenses, marriage licenses, vehicle registration, 19
contractor’s licenses, and professional licenses. 20
5. Any right or method of acquiring rights asserted by any government shall also be possessed by all parties to this 21
agreement. For instance: 22
5.1. If the government claims the right to assert sovereign, judicial, or official immunity, then parties shall also have 23
the same right as an officer and fiduciary of God’s government and his family’s government under the Holy Bible 24
trust indenture and the family private articles of incorporation. 25
5.2. If the government claims the right to allow third parties to elect either party into a public office within a franchise 26
without the express written consent of the Party, then that Party retains the same right against the government and 27
all parties representing the government as individual human beings. An example of this phenomenon is the filing 28
of information returns such as IRS Forms W-2, 1042-S, 1098, and 1099. 29
5.3. If the government claims the right to reclassify his/her speech from nonfactual to factual and actionable, then the 30
Parties shall have the same right and may classify the court’s orders or the statements of government as 31
nonfactual, political, and IRRELEVANT. 32
5.4. If the government alleges or asserts any of the following, then the Parties assert the same EQUAL right to make 33
the government into a consenting party and therefore “resident” under this franchise. 34
5.4.1. That the Protected Party is a “resident” or “citizen” under any federal or state law. 35
5.4.2. That the Protected Party “purposefully availed” themselves of commerce within the jurisdiction of any 36
federal or state court. 37
5.4.3. That the Protected Party availed themselves of any alleged commercial “benefit” or privilege offered by any 38
government. 39
5.4.4. Government or court or judge redefines any word within used by the Protected Party on any government 40
form or commercial correspondence to mean anything OTHER than that expressly defined here. 41
6. The declared nationality and domicile status declared by either party shall not be challenged or disputed by the other 42
party. It shall be presumed to be accurate, correct, and conclusive as they declare it. 43
7. All property of the Protected Party shall be presumed to be absolutely owned PRIVATE property until evidence is 44
introduced into the record that: 45
7.1. The Protected Party, IN WRITING, expressly consented to donate said private property to a public use, public 46
purpose, and public office in the mode that he/she/it and not the court or the opposing party, specifies. . .AND 47
7.2. The Protected Party was domiciled outside of land protected at the time he or she or it consented. Rights 48
protected by the Constitution are unalienable, according to the Declaration of Independence, and therefore one 49
CANNOT lawfully consent to give them away. 50
8. All human beings shall presumed to be sovereign and no amenable to civil suit or judgment under anything other than 51
the common law and the constitution. Human beings are the fountain and source of ALL political and legal power in 52
the American form of government, as declared by the U.S. Supreme Court. If the other party to the litigation is the 53
government, then: 54
8.1. The government must prove that the Protected Party EXPRESSLY CONSENTED to suit IN WRITING in the 55
mode that he and not the court specifies. 56
Injury Defense Franchise and Agreement 24 of 39 Rev. 10-26-2010 EXHIBIT:________
8.2. No implied contracts may be presumed. 1
8.3. No right documented in the state or federal constitutions may be contracted away, alienated, or surrendered, even 2
with consent of the Protected Party, because all such rights are identified in the Declaration of Independence as 3
“unalienable”, meaning that they cannot lawfully be sole, bargained away, or transferred in relation to a REAL, 4
de jure government. 5
9. Protected Party is a Christian is acting as an agent, fiduciary, trustee over God’s property, which is him/her self and all 6
the Earth and has no delegated authority to either contract or consent to contract with any Earthly government. 7
"Do you not know that friendship with the world is enmity with God? Whoever therefore 8
wants to be a friend [“citizen”, “resident”, “taxpayer”, “inhabitant”, or "subject" under 9
a king or political ruler] of the world [or any man-made kingdom other than God's 10
Kingdom] makes himself an enemy of God. " 11
[James 4:4, Bible, NKJV] 12
_____________________________________________________________ 13
“You shall make no covenant [contract or franchise] with them [foreigners, pagans], 14
nor with their [pagan government] gods [laws or judges]. They shall not dwell in your 15
land [and you shall not dwell in theirs by becoming a “resident” in the process of 16
contracting with them], lest they make you sin against Me [God]. For if you serve their 17
gods [under contract or agreement or franchise], it will surely be a snare to you.” 18
[Exodus 23:32-33, Bible, NKJV] 19
_____________________________________________________________ 20
"Pure and undefiled religion before God and the Father is this: to visit orphans and widows 21
in their trouble, and to keep oneself unspotted from the world [the obligations and 22
concerns of the world]. " 23
[James 1:27, Bible, NKJV] 24
_____________________________________________________________ 25
"You shall have no other gods [including political rulers, governments, or Earthly laws] 26
before Me [or My commandments]." 27
[Exodus 20:3, Bible, NKJV] 28
_____________________________________________________________ 29
“Then all the elders of Israel gathered together and came to Samuel [the priest in a 30
Theocracy] at Ramah, and said to him, ‘Look, you [the priest within a theocracy] are old, 31
and your sons do not walk in your ways. Now make us a king [or political ruler] to judge 32
us like all the nations [and be OVER them]’. 33
“But the thing displeased Samuel when they said, ‘Give us a king [or political ruler] to 34
judge us.’ So Samuel prayed to the Lord. And the Lord said to Samuel, ‘Heed the voice 35
of the people in all that they say to you; for they have rejected Me [God], that I should 36
not reign over them. According to all the works which they have done since the day that I 37
brought them up out of Egypt, even to this day
as their ONLY King, Lawgiver, and Judge] and served other gods
you also [government or political rulers becoming the object of idolatry].” 40
[1 Sam. 8:4-8, Bible, NKJV] 41
_____________________________________________________________ 42
"Do not walk in the statutes of your fathers [the heathens], nor observe their judgments, 43
nor defile yourselves with their [pagan government] idols. I am the LORD your God: Walk 44
in My statutes, keep My judgments, and do them; hallow My Sabbaths, and they will be a 45
sign between Me and you, that you may know that I am the LORD your God." 46
[Ezekial 20:10-20, Bible, NKJV] 47
_____________________________________________________________ 48
"And have no fellowship [or association] with the unfruitful works of [government] 49
darkness, but rather reprove [rebuke and expose] them." 50
Injury Defense Franchise and Agreement 25 of 39 Rev. 10-26-2010 EXHIBIT:________
[Eph. 5:11, Bible, NKJV] 1
_____________________________________________________________ 2
“But if you are led by the Spirit, you are not under the law [man's law].” 3
[Gal. 5:18, Bible, NKJV] 4
_____________________________________________________________ 5
“Shall the throne of iniquity [the U.S. Congress and the federal judiciary], which devises 6
evil by [obfuscating the] law [to expand their jurisdiction and consolidate all economic 7
power in their hands by taking it away from the states], have fellowship with You? They 8
gather together against the life of the righteous, and condemn innocent blood [of 9
"nontaxpayers" and persons outside their jurisdiction, which is an act of extortion and 10
racketeering]. But the Lord has been my defense, and my God the rock of my refuge. He 11
has brought on them their own iniquity, and shall cut them off in their own wickedness; the 12
Lord our God [and those who obey Him and His word] shall cut them off [from power 13
and from receiving illegal bribes cleverly disguised by an obfuscated law as legitimate 14
"taxes"].” 15
[Psalm 94:20-23, Bible, NKJV. QUESTION FOR DOUBTERS: Who else BUT Congress 16
and the judiciary can devise "evil by law"?] 17
_____________________________________________________________ 18
"Come out from among them [the unbelievers and government idolaters] 19
And be separate, says the Lord. 20
Do not touch [or contract with] what is unclean, 21
And I will receive you. 22
I will be a Father to you, 23
And you shall be my sons and daughters, 24
Says the Lord Almighty." 25
[2 Corinthians 6:17-18, Bible, NKJV] 26
_____________________________________________________________ 27
"Nevertheless, God's solid foundation stands firm, sealed with this inscription: 'The Lord 28
knows those who are His,' and, 'Everyone who confesses the name of the Lord must turn 29
away from [not associate with or subsidize] wickedness [wherever it is found, and 30
especially in government].' " 31
[2 Tim. 2:19, Bible, NKJV] 32
Not “walking in the statutes of your fathers” means not participating in government franchises or statutory law that is 33
for GOVERNMENT and its officers only, but rather proceeding ONLY under the common law and in EQUITY. The 34
government does the same thing, wherein it asserts “sovereign immunity” and requires “express written consent to be 35
sued” before a suit against it can be entertained. 36
The above are the same requirements that governments imposes upon those who wish to sue it/them. 37
8.6 Enforcement Authority of Protected Party Against Government Actor 38
Government Actor consents to allow Protected Party or his agents or assigns to take any one or more of the following actions 39
to enforce this franchise and agreement for any liabilities which might result from violations of the franchise and agreement: 40
1. File an administrative lien upon real property owned by Government Actor in the county recorder of any county. 41
2. Place a UCC lien against the name of Government Actor in one or more states of the Union. 42
3. Make withdrawals from any and all financial accounts in the name of the Government Actor. 43
4. Place an administrative lien against the government pay and benefits of the Government Actor. 44
Legal evidence of authority to take any of the enforcement above actions indicated above shall consist in presentation all of 45
the following proofs: 46
Injury Defense Franchise and Agreement 26 of 39 Rev. 10-26-2010 EXHIBIT:________
1. Receipt of correspondence signed by the Government Actor or indicating the name of the Government Actor. 1
2. Presentation of a Certificate of Service showing that this signed agreement was served upon the Government actor. 2
8.7 Issues not subject to dispute, default answers stipulated 3
Government Actor agrees not to accuse Protected Party of making or relying upon any of flawed arguments identified in the 4
following publications or raise them as an issue in any dispute between the parties: 5
1. Policy Document: Rebutted False Arguments Against This Website, Form #08.011 6
http://sedm.org/Forms/FormIndex.htm 7
2. Policy Document: Rebutted False Arguments About Sovereignty, Form #08.018 8
http://sedm.org/Forms/FormIndex.htm 9
3. Flawed Tax Arguments to Avoid, Form #08.004 10
http://sedm.org/Forms/FormIndex.htm 11
4. Rebutted Version of the IRS “The Truth About Frivolous Tax Arguments”, Form #08.005 12
http://sedm.org/Forms/FormIndex.htm 13
5. Rebutted Version of “Tax Resister Frequently Asked Questions”, Form #08.007 14
http://sedm.org/Forms/FormIndex.htm 15
6. Rebutted Version of CRS Report 97-59A: “Frequently Asked Questions Concerning the Federal Income Tax”, Form 16
#08.006 17
http://sedm.org/Forms/FormIndex.htm 18
Parties stipulate that any allegation about Protected Party that is inconsistent with any of the above shall be interpreted as 19
actionable fraud and slander. 20
Government Actor agrees not to impute or allege any obligation to any government or de facto government on the part of 21
Protected Party, including any government, that the Protected Party did not expressly request and consent to in writing in the 22
manner that Protected Party and no one else specifies. 23
Government Actor furthermore stipulates to the default answer to any and all admissions provided at the end of the 24
Memorandums of Law appearing in the following: 25
SEDM Forms Page, Section 1.5, Memorandums of Law http://sedm.org/Forms/FormIndex.htm
Government Actor may dispute the default answer to any of the above by providing evidence consistent with that permitted 26
under this agreement. 27
8.8 Authority conferred by Government Actor upon Protected Party 28
1. Government Actor delegates exclusive authority to Protected Party to declare and determine whether any government 29
franchise or private law to which Protected Party is alleged to be a party is in fact a “benefit”. If Protected Party deems 30
that it is not, no provision of the specific franchise may or shall lawfully be enforced against him or her. Such franchises 31
include Social Security, income taxes, Medicare, unemployment compensation, welfare, etc. 32
2. Power of Attorney to Correct False Information Returns Filed Against Protected Party by Government Actor. 33
Government Actor consents to allow Protected Party of this form to submit corrected information returns to the IRS or 34
state revenue agencies which zero out any report of “trade or business” earnings and to sign said forms under power of 35
attorney from the Government Actor. This includes, but is not limited to IRS Forms W-2C, W-3, 1042-S, 1096, 1098, 36
1099, and 8300. 37
3. Power of Attorney to Execute IRS Form 56: Government Actor consents to allow the Protected Party of this form to 38
submit IRS Form 56 on their behalf and under power of attorney, making the Government Actor liable and surety for all 39
debts or obligations created by the unauthorized use, or abuse of information about him in the possession of Government 40
Actor or his/her agents or assigns, including any attempts to use such information for a commercial or governmental 41
purpose. This will make the Government Actor into the target for all collection notices directed at the “public office” 42
fraudulently created by the duress, coercion, and unlawful actions of the Government Actor of this notice. Government 43
Actor waives any right to disclaim liability for the IRS Form 56 so filed and agrees NOT to file an IRS Form 56 making 44
Protected Party of this Notice liable for any of the taxes, debts, or other obligations that arise out of this correspondence, 45
Injury Defense Franchise and Agreement 27 of 39 Rev. 10-26-2010 EXHIBIT:________
any of the attachments, or any of the alleged obligations that might arise out of the franchise established herein. If 1
Government Actor files an IRS Form 56 to remove responsibility for his unlawful actions, he agrees to reimburse 2
Protected Party for TWICE any monetary damages or injuries sustained by filing such a form. 3
4. Power of Attorney to Execute IRS Form 8822: Government Actor consents to allow the Protected Party to complete an 4
IRS Form 8822 changing the address to his/her/its address, making the Government Actor liable and surety for collection 5
notices and actions in connection with any tax liabilities that may be enforced against the Protected Party as a 6
consequence of reports, actions, or omissions filed against Protected Party by Government Actor. This will make the 7
Government Actor into the target for all collection notices directed at the “public office” fraudulently created by the 8
duress, coercion, and unlawful actions of the Government Actor of this notice. Government Actor waives any right to 9
disclaim liability for the IRS Form 8822 so filed and agrees NOT to file an IRS Form 8822 making Protected Party of 10
this Notice liable for any of the taxes, debts, or other obligations that arise out of this correspondence, any of the 11
attachments, or any of the alleged obligations that might arise out of the franchise established herein. If Government 12
Actor files an IRS Form 8822 to remove responsibility for his unlawful actions, he agrees to reimburse Protected Party 13
for TWICE any monetary damages or injuries sustained by filing such a form. 14
8.9 Stipulations regarding communications between Protected Party and Government Actor 15
1. All Statements Made by Government Actor are Material, Factual, Truthful, and Actionable Under Penalty of Perjury: 16
Pursuant to 18 U.S.C. 禮1001, Materiality, the Government Actor of this form agrees to take complete, private, personal, 17
and exclusive responsibility for the truthfulness and accuracy of the entire content of any correspondence sent by him or 18
her or his or her employer as true, correct, and complete UNDER PENALTY OF PERJURY. This provision thereby 19
circumvents the disclaimer found on the IRS website and makes it of no effect: Internal Revenue Manual (I.R.M.), 20
Section 4.10.7.2.8. The Government Actor described in this document as a private party, by virtue of accepting the 21
“benefits” of this franchise, instead agrees to exercise their right to contract under this franchise agreement as a means 22
to make their employer, the IRS, IRRELEVANT and agrees that all correspondence from them or their employer 23
becomes their exclusive, personal, and private responsibility under this contract or agreement. This will prevent judicial 24
tribunals from protecting and rewarding IRS agents and those representing the government such as “withholding agents” 25
from telling lies or untruths to those they are supposed to have a fiduciary duty to help and protect the rights of. Your 26
“trade or business” franchise turns me into a “public officer” without my consent, and likewise, my franchise changes 27
YOU from a public officer into a private individual so you can be sued and have to take personal responsibility for your 28
actions and cannot claim immunity of any kind. What is good for the goose is good for the gander. 29
2. Consent to recording of all audio conversations. Government Actor consents to recording of all audio communications, 30
including but not limited to IRS summons hearings, examinations, visitations, court appearances, and telephonic 31
communication, and recording mentioned in 26 U.S.C. 禮7521(a). This correspondence shall also constitute an advanced 32
notification that all such recording shall be done in satisfaction of ten day period identified in 26 U.S.C. 禮7521. Protected 33
Party is NOT the “taxpayer” mentioned in this statute, however, and is a “nontaxpayer” NOT subject to ANY provision 34
of the Internal Revenue Code, Subtitles A through C. 35
8.10 Use of Information About Protected Party 36
Any unauthorized use and especially commercial use of information pertaining to the Protected Party and contained on this 37
form, any attached form, or any information previously submitted to the government is subject to a $100,000 penalty per 38
incident plus any tax or penalty liability that might result from the unauthorized use of said information. Authority to store 39
or use all such information for any purpose MUST be procured in a writing signed by the Protected Party in advance of the 40
disclosure or it does not exist. Unauthorized uses include: 41
1. Mailing any kind of notices other than abatement notices. 42
2. Sharing information with ANY agency or bureau OTHER than the one the Government Actor works for. 43
3. Performing tax or penalty assessment with the information. 44
4. Conveying any “benefit” to the Protected Party that might make him/her/it subject to any type of government franchise, 45
license, or “public right”, including but not limited to the following: 46
4.1. A graduated or reduced rate of tax pursuant to 26 U.S.C. 禮1. 47
4.2. Earned income credits pursuant to 26 U.S.C. 禮32. 48
4.3. “Trade or Business” deductions pursuant to 26 U.S.C. 禮162. I am NOT engaged and never have voluntarily 49
engaged in a “trade or business”, which is defined in 26 U.S.C. 禮7701(a)(26) as “the functions of a public office”. 50
4.4. Treaty benefits under an income tax treaty with a foreign country. 51
4.5. Any benefit, privilege, or immunity conferred by any provision within the Internal Revenue Code. 52
Injury Defense Franchise and Agreement 28 of 39 Rev. 10-26-2010 EXHIBIT:________
4.6. A statutory refund pursuant to any provision within the Internal Revenue Code. There is no provision within the 1
Internal Revenue Code that authorizes refunds of unlawfully withheld taxes or taxes paid under protest of 2
“nontaxpayers” who are not subject to the Internal Revenue Code. All monies paid to the government have been 3
paid ILLEGALLY and UNDER PROTEST and therefore are not as “taxes”. These unlawfully collected monies 4
are therefore due back NOT because of any provision within the Internal Revenue Code, but ONLY under principles 5
of justice and equity. It is NOT a “privilege” or “franchise” or “public right” to expect the government to RETURN 6
money that was UNLAWFULLY STOLEN and sent to the government and which the government is not lawfully 7
entitled to hold as the “transferee” or “fiduciary” over other people’s money. Keeping such proceeds would cause 8
the government to be engaging in criminal money laundering and make the government into a protection racket 9
rather than a protector. 10
“A claim against the United States is a right to demand money from the United States. 8 11
Such claims are sometimes spoken of as gratuitous in that they cannot be enforced by suit 12
without statutory consent. 9 The general rule of non-liability of the United States does 13
not mean that a citizen cannot be protected against the wrongful governmental acts that 14
affect the citizen or his or her property.10 If, for example, money or property of an 15
innocent person goes into the federal treasury by fraud to which a government agent was 16
a party, the United States cannot [lawfully] hold the money or property against the claim 17
of the injured party.11” 18
[American Jurisprudence 2d, United States, 禮45 (1999)] 19
4.7. An “election” to be treated as a “resident alien” and obtain a reduced tax liability pursuant to 26 U.S.C. 禮 20
7701(b)(4)(B), or 6013(g) or (h). 21
5. Initiating civil or criminal litigation against the Protected Party. 22
6. Associating the Protected Party with any federally issued identifying number, including but not limited to Social Security 23
Numbers as described in 20 C.F.R. 禮422.103(d), Taxpayer Identification Numbers as described in 26 U.S.C. 禮6109, or 24
Employer Identifying Numbers as described in 26 U.S.C. 禮6109. Protected Party does not consent to take custody of 25
these forms of public property, which 20 C.F.R. 禮422.103(d) says belongs to the government and not Protected Party. 26
This would represent compelled association in violation of the First Amendment and involuntary servitude in violation 27
of the Thirteenth Amendment. Government Actor is reminded that Protected Party does not possess, voluntarily use, 28
nor have a Social Security Number or Taxpayer Identification Number and never lawfully requested one. 29
8.11 Other Terms and Conditions 30
Government Actor consents and agrees to: 31
1. Abide by this agreement in its entirety. 32
2. Produce evidence of consent to the surrender of the rights conveyed in writing with the signature of the Protected Party 33
to any and all franchises or contracts sought to be enforced by the Government Actor as against the Protected Party and 34
to dismiss all legal actions where this requirement is not met. 35
3. Accept, pay, and not remove from county records private contractual liens upon his real property, wherever situated 36
when filed by Protected Party in order to enforce this agreement. These private contractual liens shall be filed by 37
Protected Party under power of attorney as against the Government Actor. 38
4. Accept, pay, and not remove UCC contractual liens against the chattel property of Government Actor in order to enforce 39
this agreement. These secured transactions shall be filed be Protected Party under power of attorney as against the 40
Government Actor. 41
5. Respect all the provisions and constraints of the following two documents submitted previously to the recipient and the 42
government. Proof of service upon the government is available upon request: 43
5.1. Legal Notice of Change of Domicile/Citizenship and Divorce from the United States, Form #10.001 44
8 United States ex rel. Angarica v. Bayard, 127 U.S. 251, 32 L.Ed. 159, 8 S.Ct. 1156, 4 A.F.T.R. 4628 (holding that a claim against the Secretary of State for money awarded under a treaty is a claim against the United States); Hobbs v. McLean, 117 U.S. 567, 29 L.Ed. 940, 6 S.Ct. 870; Manning v Leighton, 65 Vt. 84, 26 A. 258, motion dismd 66 Vt. 56, 28 A 630 and (disapproved on other grounds by Button’s Estate v. Anderson, 112 Vt. 531, 28 A.2d. 404, 143 A.L.R. 195).
9 Blagge v. Balch, 162 U.S. 439, 40 L.Ed. 1032, 16 S.Ct. 853.
10 Wilson v. Shaw, 204 U.S. 24, 51 L.Ed. 351, 27 S.Ct. 233.
11 Bull v. United States, 295 U.S. 247, 79 L.Ed. 1421, 55 S.Ct. 695, 35-1 U.S.T.C. 繞 9346, 15 A.F.T.R. 1069; United States v. State Bank, 96 U.S. 30, 96 Otto. 30, 24 L.Ed. 647.
Injury Defense Franchise and Agreement 29 of 39 Rev. 10-26-2010 EXHIBIT:________
http://sedm.org/Forms/FormIndex.htm 1
5.2. Resignation of Compelled Social Security Trustee, Form #06.002 2
http://sedm.org/Forms/FormIndex.htm 3
9 Dispute Resolution 4
Parties stipulate to all of the following terms and conditions governing disputes under this agreement. 5
9.1 Agency and Status of Parties 6
Parties under this franchise consent to be treated as all of the following in respect to federal civil jurisdiction: 7
1. Nonresident. 8
2. “Stateless person” because domiciled AND resident outside the statutory but not constitutional “United States”. 9
3. If the parties are domiciled in different states of the Union or foreign jurisdictions, Constitutional diversity shall apply 10
under Article III, Section 2 and NOT statutory diversity under 28 U.S.C. 禮1332. 11
4. That described in the following: 12
Tax Form Attachment, Form #04.201 http://sedm.org/Forms/FormIndex.htm
Protected Party has not consented and has no delegated authority to consent to represent an enfranchised or privileged 13
government entity of any kind, including but not limited to all of the following kinds and therefore has no option but to 14
proceed ONLY under the common law and equity: 15
1. Public officer of state or national governments. 16
2. Instrumentality or agent of any kind of state or federal governments. 17
3. Statutory “taxpayer” per 26 U.S.C. 禮7701(a)(14). 18
4. Statutory “driver” under state motor vehicle code. 19
5. Statutory “spouse” under state family code. 20
6. Social security participant under the Social Security Act, 42 U.S.C. Chapter 7. 21
7. Statutory “U.S. citizens” as described in 8 U.S.C. 禮1401 or 26 C.F.R. 禮1.1-1(c) or any other federal statute. 22
8. Statutory “U.S. resident” as described in 26 U.S.C. 禮7701(b)(1)(A) or any other federal statute. 23
9. Statutory “U.S. persons” as defined in 26 U.S.C. 禮7701(a)(30) or any other federal statute. 24
10. Statutory “person” as defined in 26 U.S.C. 禮6671(b) or 26 U.S.C. 禮7343 or any other federal law. 25
11. Statutory “individual” as defined in 5 U.S.C. 禮552a(a)(2) and 26 C.F.R. 禮1.1441-1(c)(3) or any other federal statute. 26
12. Statutory “nonresident alien individual” per 26 C.F.R. 禮1.1441-1(c)(3). 27
13. Statutory “federal personnel” as defined in 5 U.S.C. 禮552a(a)(13). 28
Parties stipulate that any attempt to assign or presume or declare any of the above statuses or conditions to the Protected Party 29
shall constitute: 30
1. FRAUD. 31
2. Unlawful duress. 32
3. Perjury, if such assertion appears in any pleading filed or evidence entered in a court of law. 33
4. Identity theft. 34
5. Compelled association. 35
6. Compelled contacting and/or involuntary servitude. 36
. . . with the state or federal governments. 37
Parties stipulate that neither Protected Party nor Government Actor were or are acting as an officer or “public officer” within 38
any government or corporation in the context of their interactions or with any obligations associated with their relationship, 39
including tax obligations. 40
“Private person. Term sometimes used to refer to persons other than those holding public 41
office or in military services.” 42
[Black’s Law Dictionary, Sixth Edition, p. 1196] 43
Injury Defense Franchise and Agreement 30 of 39 Rev. 10-26-2010 EXHIBIT:________
Parties stipulate that any of the following actions on the part of the Government Actor shall constitute criminal impersonation 1
of a public officer (per 18 U.S.C. 禮912) by the Government Actor, criminal conversion of private property to a public use, 2
and theft against the Protected Party by the Government Actor: 3
1. Filing any kind of information return against the protected party under the authority of 26 U.S.C. 禮6041, including but 4
not limited to IRS Forms W-2, 1042-S, 1098, and 1099. All such returns shall be deemed to be false and a criminal 5
violation of 26 U.S.C. 禮7206 and/or 7207. 6
2. Requiring the disclosure or use of: 7
2.1. A Taxpayer Identification Number (T.I.N.) as defined in 26 U.S.C. 禮6109. 8
2.2. Social Security Number (SSN) as defined in the Social Security Act in connection with their relationship as a 9
precondition of engaging in a relationship or under threat of terminating said relationship. See 42 U.S.C. 10
禮408(a)(8). 11
3. Requiring that the Protected Party declare or represent his/her/its status as being anything other than that described 12
herein as a condition of engaging in a relationship or under threat of terminating said relationship. 13
4. Honoring an IRS Levy or state levy under the authority of 26 U.S.C. 禮6331. Protected Party is not acting and does not 14
consent to act as an agency or instrumentality of the national government subject to levy as described in 26 U.S.C. 15
禮6331(a) and it is a crime for him to act in said capacity. 16
Government Actor agrees to become the substitute defendant who is exclusively responsible for all penalty and tax 17
assessments, or court judgments instituted against Protected Party. 18
Government Actor furthermore agrees NOT to either complain or prosecute any party to any dispute under this agreement 19
for the “unauthorized practice of law”, and agrees to become the substitute defendant if any third party such as a government 20
or government actor attempts to or succeeds in prosecuting any party to this agreement for the unauthorized practice of law. 21
The term “practice of law” or “law practice” shall have the meaning prescribed earlier in section 2 of this franchise agreement. 22
9.2 Choice of Law 23
This section prescribes the choice of law which applies to all past, present, and future interactions between the Protected 24
Party and the Government Actor. It also governs and controls all litigation in any court of justice between Protected Party 25
and the Government Actor in both civil and criminal matters pertaining to this specific transaction: 26
27
1. Parties stipulate that neither are party to any government franchise, “benefit”, or privilege, including but not limited to 28
government employment, Social Security, Medicare, unemployment insurance, or the Internal Revenue Code, Subtitle 29
A income tax (“trade or business” franchise). 30
2. Pursuant to Federal Rule of Civil Procedure 17(b), the choice of law which applies is ONLY the law from the domicile 31
of each party and NOT the laws of the “United States” or any “State” as used in any federal law. Federal Rule of Civil 32
Procedure 17(b)(2) and (b)(3) do NOT apply to this proceeding. 33
3. Parties stipulate that their relationship does not involve a “federal question” and may therefore not be removed to a 34
federal court and must be litigated only in a state court. 35
4. Parties stipulate that they are not and were not domiciled or “resident” within and did not occupy any of the following 36
during any of their interactions: 37
4.1. Any United States judicial district as described in 28 U.S.C. Chapter 5. 38
4.2. Any Internal Revenue District mentioned in 26 U.S.C. 禮7601. 39
4.3. Any federal territory or possession. 40
5. Parties stipulate that they were not present in any of the following during any aspect of their interactions: 41
5.1. The “State” defined in 26 U.S.C. 禮7701(a)(10) or 4 U.S.C. 禮110(d) or any other federal law. 42
5.2. The “United States” as defined in 26 U.S.C. 禮7701(a)(9) and (a)(10) . 43
6. Parties stipulate NOT to apply any provision of federal law, including but not limited to 26 U.S.C. 禮7701(a)(39), 26 44
U.S.C. 禮7408(d), or Federal Rule of Civil Procedure 17(b) to kidnap or transport his/her/its legal identity to the District 45
of Columbia. He does NOT consent to represent any entity covered by these statutes. 46
6.1. Government Actor consents to be treated as a “resident” within whatever court, tribunal, or district that Protected 47
Party files suit in against him. 48
Parties stipulate that this agreement has no illegal purpose and therefore may not be invalidated by any court. It’s sole purpose 49
is to avoid compelled association with or contracting with ALL governments, which is protected by the First Amendment. 50
In the event that any part of this agreement is found to be unenforceable, it is the intent of the parties that all remaining 51
provisions shall be legally binding. 52
Injury Defense Franchise and Agreement 31 of 39 Rev. 10-26-2010 EXHIBIT:________
9.3 Venue 1
All disputes under this agreement shall proceed under the common law and equity RATHER than civil statutory law. A 2
common law “court of record” shall be established and convened for the purposes of hearing this matter of PRIVATE and 3
not PUBLIC rights: 4
Courts of record and courts not of record. The former being those whose acts and judicial 5
proceedings are enrolled, or recorded, for a perpetual memory and testimony, and which 6
have power to fine or imprison for contempt. Error lies to their judgments, and they 7
generally possess a seal. , Courts not of record are those of inferior dignity, which have no 8
power to fine or imprison, and in which the proceedings are not enrolled or recorded. 3 9
B1. Comm. 24; 3 Steph. Comm. 383; The Thomas Fletcher, C.C.Ga., 24 F. 481; Ex parte 10
Thistleton, 52 Cal. 225; Erwin v. U. S., D.C.Ga., 37 F. 488, 2 L.R.A. 229; Heininger v. 11
Davis, 96 Ohio.St. 205, 117 N.E. 229, 231. 12
A "court of record" is a judicial tribunal having attributes and exercising functions 13
independently of the person of the magistrate designated generally to hold it, and 14
proceeding according to the course of common law, its acts and proceedings being 15
enrolled for a perpetual memorial. Jones v. Jones, 188 Mo.App. 220, 175 S.W. 227. 229: 16
Ex parte Gladhill, 8 Metc . Mass., 171, per Shaw, C. J. See, also, Ledwith v. Rosalsky, 244 17
N.Y. 406, 155 N.E. 688, 689. 18
Courts may be at the same time of record for some purposes and not of record for others. 19
Lester v. Redmond, 6 Hill, N.Y., 590; Ex parte Gladhill, 8 Melc., Mass., 168. 20
[Black’s Law Dictionary, Fourth Edition, pp. 425-426] 21
Note that the distinguishing characteristic of a “court of record” is that it proceeds independently of the person of the judge 22
or magistrate. The Sovereign who initiates the suit, who is the Plaintiff, executes the functions of the court and represents 23
the court and the suit independent of the magistrate or judge. Final judgment is reserved for ONLY the jury, who are the 24
ONLY true sovereigns and “the court”. 25
“The words 'people of the United States' and 'citizens,' are synonymous terms, and mean 26
the same thing. They both describe the political body who, according to our republican 27
institutions, form the sovereignty, and who hold the power and conduct the government 28
through their representatives. They are what we familiarly call the 'sovereign people,' and 29
every citizen is one of this people, and a constituent member of this sovereignty. ..." 30
[Boyd v. State of Nebraska, 143 U.S. 135 (1892)] 31
The distinguishing feature of a common law court is that it is convened for the enforcement of private rights and is done 32
under equity and NOT statutory law. Parties stipulate that statutory civil law, in fact, only regulates public conduct of public 33
officers within the government. See: 34
Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037 http://sedm.org/Forms/FormIndex.htm
9.4 No Statutes of Limitation 35
No statutes of limitations shall be enforced to protect any violations of this agreement. All statutory civil law, in fact, is for 36
government public officers and not private parties such as the Plaintiff, as exhaustively proven in the following: 37
Why Statutory Civil Law is Law for Government and Not Private Persons, Form #05.037 http://sedm.org/Forms/FormIndex.htm
The following U.S. Supreme Court ruling establishes why statutes of limitations cannot undermine the protection of private 38
rights and private property. 39
Injury Defense Franchise and Agreement 32 of 39 Rev. 10-26-2010 EXHIBIT:________
The police power cannot go beyond the limit of what is necessary and reasonable for 1
guarding against the evil which injures or threatens the public welfare in the given case, 2
and the legislature, under the guise of that power, cannot strike down innocent occupations 3
and destroy private property, the destruction of which is not reasonably necessary to 4
accomplish the needed reform; and this, too, although the legislature is the judge in each 5
case of the extent to which the evil is to be regulated or prohibited. Where the occupation 6
is in itself immoral, there can be no question as to the right of the legislature. 2 Kent, 7
Comm. 340. Nor is it denied that every one holds his property subject to the proper exercise 8
of the police power. Dill. Mun. Corp. 136; Tied. Lim. Police Power, 122, 122a; Com. v. 9
Tewksbury, 11 Metc. 55. Nor that the legislature can destroy vested rights in the proper 10
exercise of this power. Coates v. Mayor of New York, 7 Cow. 585. But the unqualified 11
statement that when the legislature has exercised its right of judging, by the enactment of 12
a [626-Continued.] prohibition, all other departments of the government are bound by the 13
decision, which no court has a right to review, (Bish. St. Cr. 995,) cannot be true. The 14
legislative power cannot authorize [OR PROTECT THROUGH A STATUTE OF 15
LIMITATIONS] manifest injustice by positive enactment, or take away security for 16
personal liberty or private property, for the protect on whereof government was 17
established. Calder v. Bull, 3 Dall. 386. The state cannot deprive the citizen of the lawful 18
use of his property if it does not injuriously effect others. Lake View v. Cemetery Co., 70 19
Ill. 191. The state cannot enact laws, not necessary to the preservation of the health and 20
safety of the community, that will be oppressive and burdensome to the citizen. Railway 21
Co. v. City of Jacksonville, 67 Ill. 37. The constitutional guaranty of life, liberty, and 22
pursuit of happiness is not limited by the temporary caprice of a present majority, and 23
can be limited only by the absolute necessities of the public. Intoxicating Liquor Cases, 24
(BREWER, J.,), 25 Kan. 765; Tenement- House Cigar Case, 98 N. Y. 98; Cooley, Const. 25
Lim. (5th Ed.) 110, 445, 446. No proposition is more firmly established than that the citizen 26
has the right to adopt and follow such lawful and industrial pursuit, not injurious to the 27
community, as he may see fit. People v. Marx, 99 N.Y. 377, 386, 2 N.E. Rep. 29. The mere 28
existence of a brewery in operation, or of beer therein in vats, or packages not intended 29
for consumption in the state is not in any way detrimental to the safety, health, or morals 30
of the people of Kansas; nor can it be said that there is anything immoral in the business 31
of brewing, or in beer itself, as in gambling or lotteries. Stone v. Mississippi, 101 U.S. 814 32
. 33
There is no question that this enactment does in the sense of the law deprive appellees of 34
their property. Pumpelly v. Green Bay Co., 13 Wall. 177; Munn v. Illinois, 94 U.S. 141 . 35
It is a fundamental principle that where a nuisance is to be abated, the abatement must be 36
limited by its necessities, and no wanton injury must be committed. The remedy is to stop 37
the use to which the building is put, not to tear down or destroy the structure itself. Babcock 38
v. City of Buffalo, 56 N. Y. 268, affirming 1 Sheld. 317; Bridge Co. v. Paige, 83 N. Y. 188- 39
190; Wood, Nuis. 738. The nuisance here is sale within the state. To that extent alone can 40
the legislature authorize the nuisance to be abated or the property destroyed. 41
[Mugler v. Kansas, 123 U.S. 623 (1887)] 42
Consequently, parties stipulate that the statutes of limitations apply ONLY to the situation where BOTH the party injured 43
AND the party injuring are BOTH public officers and also parties to the “social compact” sought to be enforced, which 44
neither party agrees to act on behalf of for the purposes of this agreement. If the inured party is a PRIVATE party and not a 45
public officer, a statute of limitations can only serve to: 46
1. Undermine the security and protection of PRIVATE rights, property and persons. 47
2. Protect and even promote wrongdoing by government actors. 48
3. Violate the fiduciary duty of a REAL de jure government in fulfilling the ONLY purpose of its creation, which is the 49
protection of PRIVATE rights to life, liberty, and property. 50
Injury Defense Franchise and Agreement 33 of 39 Rev. 10-26-2010 EXHIBIT:________
9.5 All governments excluded from suit, joinder of parties 1
1. Government Actor agrees not to request the involvement of any government to any lawsuit against Protected Party, and 2
to object and not consent to any involvement by any government in any suit between the two parties. 3
2. Government Actor agrees to disclose in full and in writing the nature and details of any and all written and verbal 4
communication between his/her/it self and any government or government actor within one week of any such contact 5
that might relate to or affect any dispute existing with Protected Party. 6
3. If Government Actor is serving on behalf of the United States Government in any capacity, he/she agrees not to allow 7
the Attorney General to substitute the “United States” as defendant in the context of any dispute relating to the 8
enforcement of this franchise under the authority of 28 U.S.C. 禮2679. Government Actor shall instead defend the case 9
personally and out of their own funds. 10
4. Government Actor waives the right of reimbursement from the Secretary of the Treasury for any judgments against 11
Government Actor by the Protected Party pursuant to 26 U.S.C. 禮7423. 12
5. If Government Actor is serving on behalf of any state of the Union or county government in any capacity, he/she 13
agrees not to allow the Attorney General of his/her state or the District Attorney of his/her municipality to substitute 14
the respective state or municipality as defendant in the context of any dispute relating to the enforcement of this 15
franchise. 16
For the purposes of this section, parties stipulate that the following entities are presumed NOT to be part of any government, 17
but instead to be PRIVATE commercial corporations interacting with the public in equity: 18
1. Internal Revenue Service (IRS). 19
2. State revenue agencies and department of revenue in those states participating in the federal income tax. 20
3. Social Security Administration, in the context of activities within constitutional but not statutory states of the Union. 21
The reason for the above is explained below: 22
Origins and Authority of the Internal Revenue Service, Form #05.005 http://sedm.org/Forms/FormIndex.htm
Lastly, Parties to this agreement stipulate that any of the following activities by any government actor or his/her employer 23
shall render all such activities as PRIVATE BUSINESS ACTIVITIES undertaken in equity and which may NOT be protected 24
by any governmental law: 25
1. Enforcing federal civil law within the borders of a constitutional state of the Union on OTHER than federal territory. 26
See: 27
Federal Enforcement Authority Within States of the Union, Form #05.032 http://sedm.org/Forms/FormIndex.htm 2. Offering or enforcing any government franchise, license, or tax within the borders of a constitutional state of the Union 28
on OTHER than federal territory. All such activities are hereby stipulated by the Parties to this agreement to be an 29
“invasion” within the meaning of Article 4, Section 4 of the United States Constitution. See: 30
Government Instituted Slavery Using Franchises, Form #05.030 http://sedm.org/Forms/FormIndex.htm 3. Any attempt to alienate PRIVATE rights that the Declaration of Independence declares to be UNALIENABLE. All 31
such activities are OPPOSITE to the purpose for which governments are established. That purpose is to protect 32
PRIVATE rights. The first step in such protection is to prevent them from being converted into PUBLIC RIGHTS, 33
with or without the consent of the owner. 34
4. Any franchise or public right offered extraterritorially which: 35
4.1. Is offered to those not domiciled on the territory of the sovereign offering the franchise. 36
4.2. Is only available to those domiciled on the territory of the sovereign offering the franchise, but which is 37
administered in such a way that the domicile or residence prerequisite is waived as a matter of policy and fiat and 38
in contradiction to what the law permits. 39
5. Any franchise or public right which is implemented with that which is not “positive law”, and therefore which can 40
therefore only acquire the “force of law” and the status of “legal evidence” with the CONSENT of those who are 41
subject. 42
6. Any public right that is vindicated or protected in any court without a jury present or with a jury occupied by anyone 43
with a commercial relation with the government. All courts that operate without the supervision of the ONLY true 44
Injury Defense Franchise and Agreement 34 of 39 Rev. 10-26-2010 EXHIBIT:________
sovereigns, an impartial jury of We The People, are legislative franchise courts that do not operate in equity and whose 1
officers always have a criminal and financial conflict of interest that ensures an unjust result. 2
“franchise court. Hist. A privately held [meaning NON-GOVERNMENTAL] court that 3
(usu.) exists by virtue of a royal grant [franchise privilege], with jurisdiction over a variety 4
of matters, depending on the grant and whatever powers the court acquires over time. In 5
1274, Edward I abolished many of these feudal courts by forcing the nobility to 6
demonstrate by what authority (quo warranto) they held court. If a lord could not produce 7
a charter reflecting the franchise, the court was abolished. - Also termed courts of the 8
franchise. 9
Dispensing justice was profitable. Much revenue could come from the fees and dues, fines 10
and amercements. This explains the growth of the second class of feudal courts, the 11
Franchise Courts. They too were private courts held by feudal lords. Sometimes their claim 12
to jurisdiction was based on old pre-Conquest grants ... But many of them were, in reality, 13
only wrongful usurpations of private jurisdiction by powerful lords. These were put down 14
after the famous Quo Warranto enquiry in the reign of Edward 1." W.J.V. Windeyer, 15
Lectures on Legal History 56-57 (2d ed. 1949).” 16
[Black’s Law Dictionary, Seventh Edition, p. 668] 17
9.6 Stipulations Applying to all Litigation 18
The following rules shall apply to all disagreements, whether administrative, or judicial, between parties: 19
1. Duress: 20
Parties stipulate that the following actions by any government actor shall constitute unlawful duress, theft, FRAUD, 21
and perjury by said actor. 22
1.1. Imputing any statutory status to the Protected Party absent their express written consent. 23
1.2. Quoting or enforcing any federal civil statute against the Protected Party. 24
1.3. Where terms are not defined, presuming that the definition includes or affects private rights or private property. 25
Rather, parties hereby stipulate that ALL civil statutes can and do affect ONLY PUBLIC rights and PUBLIC 26
property and exclude private rights and private property. This is a rebuttable presumption, and the presumption 27
can be rebutted by producing a statute that EXPRESSLY identifies PRIVATE rights and “human beings” rather 28
than “individuals” as its intended target. By default, the term “individual” is hereby stipulated to include ONLY 29
public officers and public entities within the government. 30
1.4. Adding any thing or class of thing to the statutory definition of any word that does not EXPRESSLY appear in 31
the statute itself. 32
"When a statute includes an explicit definition, we must follow that definition, even if it 33
varies from that term's ordinary meaning. Meese v. Keene, 481 U.S. 465, 484-485 (1987) 34
("It is axiomatic that the statutory definition of the term excludes unstated meanings of that 35
term"); Colautti v. Franklin, 439 U.S. at 392-393, n. 10 ("As a rule, `a definition which 36
declares what a term "means" . . . excludes any meaning that is not stated'"); Western 37
Union Telegraph Co. v. Lenroot, 323 U.S. 490, 502 (1945); Fox v. Standard Oil Co. of 38
N.J., 294 U.S. 87, 95-96 (1935) (Cardozo, J.); see also 2A N. Singer, Sutherland on Statutes 39
and Statutory Construction 禮 47.07, p. 152, and n. 10 (5th ed. 1992) (collecting cases). 40
That is to say, the statute, read "as a whole," post at 998 [530 U.S. 943] (THOMAS, J., 41
dissenting), leads the reader to a definition. That definition does not include the Attorney 42
General's restriction -- "the child up to the head." Its words, "substantial portion," indicate 43
the contrary." 44
[Stenberg v. Carhart, 530 U.S. 914 (2000)] 45
“Expressio unius est exclusio alterius. A maxim of statutory interpretation meaning that 46
the expression of one thing is the exclusion of another. Burgin v. Forbes, 293 Ky. 456, 47
169 S.W.2d. 321, 325; Newblock v. Bowles, 170 Okl. 487, 40 P.2d. 1097, 1100. Mention 48
of one thing implies exclusion of another. When certain persons or things are specified 49
in a law, contract, or will, an intention to exclude all others from its operation may be 50
Injury Defense Franchise and Agreement 35 of 39 Rev. 10-26-2010 EXHIBIT:________
inferred. Under this maxim, if statute specifies one exception to a general rule or assumes 1
to specify the effects of a certain provision, other exceptions or effects are excluded.” 2
[Black’s Law Dictionary, Sixth Edition, p. 581] 3
1.5. Reaching any inference or conclusion not based upon admissible evidence or which is based upon that which is 4
not “positive law” and therefore legal evidence. 5
2. Judgments: 6
2.1. Summary judgments are not permitted because they lack impartiality. Everything will be decided by an 7
IMPARTIAL jury panel. 8
2.2. Court MUST address all issues raised by either party in the final order, and especially issues relating to the 9
jurisdiction of the government over either party. 10
2.3. Parties stipulate that they will not invoke exclusions within the Declaratory Judgments Act, 28 U.S.C. 禮2201(a), 11
as an excuse for the Court NOT to rule on any issue before the court that might affect the protection of PRIVATE 12
rights. All such exemptions can and do only pertain to public rights and public officers and cannot and do not 13
constrain the court from protecting PRIVATE rights. The ONLY type of rights the Protected Party has or may 14
exercise, consistent with his delegation of authority order from God, are PRIVATE rights. 15
2.4. If judge indicates that the Declaratory Judgments Act constrains him from ruling, the jury can and will still rule 16
and parties stipulate that said jury will NOT be so constrained. Parties stipulate that disallowing the jury from 17
ruling on any issue that might protect PRIVATE rights shall be construed both by the Jury and by all parties as a 18
conspiracy against PRIVATE rights and a tort. 19
3. Court Officers: 20
3.1. The judge shall have NO private meetings or in camera meetings with the attorneys. Everything he or she says to 21
counsel, if during trial, must ALSO be heard by the jury and submitted into evidence for the jury to examine. 22
3.2. Attorneys for the government shall not be regarded as the real party in interest, but rather someone from the 23
executive branch of the government shall be the real party in interest in a case where the opposing party is a 24
government. 25
4. Evidence: 26
4.1. No government publication shall be admitted into evidence in the resolution of any dispute between the parties, 27
and especially any IRS Publication, which the IRS itself says in Internal Revenue Manual (I.R.M.), Section 28
4.10.7.2.8 says is untrustworthy and unreliable. 29
4.2. Evidence admitted shall not be filtered or redacted in any way. Any publication from which any excerpt is made 30
shall be admitted IN ITS ENTIRETY with nothing lined out or redacted or censored. For instance, if an excerpt 31
from any document available from either of the following two website is made, then THE ENTIRE website and 32
the ENTIRE DOCUMENT from which the excerpt is made shall ALSO be admitted into evidence: 33
4.2.1. http://sedm.org 34
4.2.2. http://famguardian.org 35
4.3. No judicial proceeding from any District or Circuit Court involving the enforcement of any government franchise 36
shall be: 37
4.3.1. Admitted as evidence of any obligation on the part of the Protected Party. 38
4.3.2. Used as a means to establish what the Protected Party knew or should have known about his/her obligations. 39
4.3.3. Used as precedent to establish any obligation on the part of the Protected Party. 40
Instead, parties stipulate that there is no federal common law applying to those domiciled within a constitutional 41
state of the Union. They also stipulate that no aspect of the arbitration of the relationship between the parties 42
relate to a question under any federal statutory law. All U.S. District and Circuit Courts shall be regarded as 43
franchise courts that can only hear federal questions relating to federal franchises and property, and this 44
relationship does not involve either, but rather constitutes a PRIVATE franchise. 45
4.4. All correspondence sent by Government Actor or his/her employer to either Protected Party or to third parties but 46
relating to Protected Party shall be deemed to be signed under penalty of perjury and actionable against the 47
Government Actor if false, even if: 48
4.4.1. Government Actor did not prepare the correspondence or notice. 49
4.4.2. Employer of Government Actor disclaims responsibility for the accuracy of their publications, forms, or 50
correspondence. Example: Internal Revenue Manual (I.R.M.), Section 4.10.7.2.8. 51
4.5. Litigants shall not be prohibited or prevented from discussing ANY statute, regulation, or case law in the 52
courtroom or in front of the jury. 53
4.6. A failure to deny any assertion by either party shall constitute evidence of a conclusive admission of the thing not 54
expressly denied. This rule shall apply to the government AS WELL as the Protected Party because inequality 55
would result if it didn’t. 56
Injury Defense Franchise and Agreement 36 of 39 Rev. 10-26-2010 EXHIBIT:________
4.7. All denials must be signed under penalty of perjury by the real party in interest. In case of disputes under the 1
Internal Revenue Code, this is mandated by 26 U.S.C. 禮6065. 2
4.8. No statute or law or regulation or constitutional provision shall be prevented from being entered into evidence or 3
prevented from being viewed by the jury. 4
4.9. No “experts” in law shall be admitted to direct the jury about what the law means or implies. The jury is the only 5
party that may both READ and INTERPRET what any given legal provision means. Law is supposed to be 6
written to be understandable by the common man sitting on a jury, and if it is not, then: 7
4.9.1. It is void for vagueness. 8
4.9.2. Shall be treated as unenforceable. 9
4.9.3. Turns the judge into a priest of a civil religion within a state sponsored church. 10
4.10. All evidence gathered during discovery shall be admitted at trial and in the record and NOTHING shall be filtered 11
or restricted from viewing by the jury. 12
4.11. Parties stipulate to admit the following evidence in any judicial dispute between them involving their interactions 13
pursuant to Federal Rule of Civil Procedure 29. They furthermore stipulate that all evidence listed shall be 14
deemed truthful, accurate, and consistent with prevailing law except that which they individually and specifically 15
rebut with court admissible evidence from ONLY the written law itself. 16
4.11.1. This document and all attached documents. 17
4.11.2. All correspondence between the parties. 18
4.11.3. Anything the Protected Party desires from the following website: http://sedm.org; http://famguardian.org. 19
4.11.4. All information and attachments submitted to the government by the Protected Party in any civil or criminal 20
dispute arising between the Protected Party and either the recipient or the entity he or she works for pursuant 21
to Federal Rule of Civil Procedure 19 and the Federal Rules of Criminal Procedure. This information must 22
also be presented to any and all grand juries that might convene about the Protected Party which are initiated 23
by either the Government Actor or his or her employer. 24
5. Materiality of Evidence 25
5.1. None of the forms submitted by Protected Party under any franchise at any time to any government shall be 26
regarded as being material or actionable under the original statutory franchise agreement. They shall NOT be 27
considered as having ANY commercial consequence or form the basis for any injury because the Protected Party 28
does NOT consent to participate and defines and describes any and all “benefits” as gifts rather than the product 29
of any statutory relationship of the parties. This includes but is not limited to: 30
5.1.1. Social Security. 31
5.1.2. Income Taxes. 32
5.1.3. Property Taxes. 33
5.1.4. Government healthcare. 34
5.1.5. Vehicle code. 35
5.1.6. Family code. 36
5.2. The only written thing that is both factual and actionable are: 37
5.2.1. The terms of this anti-franchise franchise. 38
5.2.2. Statements of the Government Actor meant to COMPEL or unlawfully impose participation in the above 39
franchises against the Protected Party. 40
5.2.3. Any and all statements by Protected Party and Government Actor responding to his or her duties or the 41
enforcement of those duties in a court of law. 42
6. Discovery: 43
6.1. None of the persons called as witnesses by either side at any trial involving this Ministry may: 44
6.1.1. Work for the federal or state government. 45
6.1.2. Receive retirement benefits from the government. 46
6.1.3. Receive financial benefits of any kind from the government. 47
6.1.4. Be statutory "taxpayers", "U.S. citizens", or "U.S. residents". 48
This will ensure that the all witnesses called will be completely objective, neutral, and unbiased. 49
6.2. Each party shall pay for the cost of their own discovery and not ask the court to have the other party pay for their 50
discovery under any circumstances. 51
6.3. There will be no limit upon the number of admissions, interrogatories, or Request for the Production of 52
Documents (RFPDs), that may be served by either party against the other party. State or federal limitations such 53
as the “Rule of 31”, for instance, shall NOT apply. All such discovery shall be timely and completely answered 54
by either party and the answer shall be signed under penalty of perjury as required by 26 U.S.C. 禮6065 by a party 55
who has legal authority to represent or obligate the government, if the party answering is the government. 56
6.4. All depositions prior to trial shall be conducted by deposition upon written questions and NOT using a court 57
reporter. Responses shall be submitted under penalty of perjury by the party deposed. If the Government Actor 58
Injury Defense Franchise and Agreement 37 of 39 Rev. 10-26-2010 EXHIBIT:________
is a federal worker, the authority for such a deposition shall be Federal Rule of Civil Procedure 31. This 1
requirement is intended to minimize the cost of enforcing this agreement and to facilitate gathering of written 2
evidence useful in prosecuting violations of law by Government Actor and his/her coworkers within the 3
government he/she serves within. 4
6.5. Neither party to any dispute may request or receive any kind of sanctions relating to discover, excepting those 5
involved in failure to provide information. 6
9.7 Burden of Proof Upon All Government Officers 7
1. If either Government Actor or his/her employer wishes to assert consent by the Protected Party to a waiver of any 8
constitutional right, it shall have the burden of proving that: 9
1.1. The Protected Party was domiciled and physically present on federal territory not protected by the Constitution 10
and that therefore, the Protected Party had no unalienable rights but only privileges. 11
1.2. The Protected Party expressly consented in writing to waive the right indicated in the mode he specifies. 12
1.3. All the rights conveyed through the consent given are fully disclosed in the actual writing that was signed by the 13
Protected Party. 14
2. All property held in the name of the Protected Party shall conclusively be presumed to be PRIVATE property beyond 15
the control of any government or any government civil or tax statute. Government actor may only assert otherwise by 16
satisfying the following burden of proof: 17
2.1. That the Protected Party consented in writing to donate the formerly private property to a public use, public 18
purpose or public office. 19
2.2. That the domicile of the Protect Party was on federal territory not protected by the United States constitution at 20
the time consent was given. 21
The provisions of this section are intended to enforce the requirement for equal protection and equal treatment by placing the 22
Protected Party on an equal footing with any and every government. Those who wish to civilly sue any government must 23
provide evidence of consent to be civilly sued. The above provisions ensure that any government suing the Protected Party 24
must meet the same requirement when trying to sue the Protected Party in a civil court. 25
9.8 Service of Process 26
Government Actor agrees to accept service of legal process by any one or more of the following means: 27
1. By certified mail to the address that Government Actor last sent correspondence. 28
2. By Certificate/Proof/Affidavit of service to the address that Government Actor last sent correspondence. 29
3. By personal service upon the employer of the Government Actor. 30
Government Actor consents to provide a copy of their passport and driver’s license and dwelling place on all correspondence 31
with Protected Party and when requested by Protected Party in order to effect proper service of process. 32
10 Method of Amendment 33
This franchise and agreement may only be amended with the express, written consent of both parties to it beyond the point 34
that consent is manifested and agreement is made. 35
Parties stipulate to be subject to all future published versions of this franchise without notice by Protected Party or SEDM 36
when or if they become available. Protected Party shall have discretion to modify, amend, or add any provision he or she 37
sees fit to this agreement at any time without notice to the Government Actor, just like the government does with its franchise. 38
“We must conclude that a person covered by the Act has not such a right in benefit 39
payments... This is not to say, however, that Congress may exercise its power to modify 40
the statutory scheme free of all constitutional restraint.” 41
[Flemming v. Nestor, 363 U.S. 603 (1960)] 42
43
Injury Defense Franchise and Agreement 38 of 39 Rev. 10-26-2010 EXHIBIT:________
11 Severability and Affirmation 1
In the event that any part of this agreement is found to be unenforceable, it is my intent and the intent of the parties that all 2
remaining provisions shall be legally binding. 3
I acknowledge that the obligations of this agreement are perpetual, supersede enacted law, and are superior to it. I voluntarily 4
waive any and all benefit or immunity resulting from any statute of limitations that might limit or destroy remedies or damages 5
that could be claimed under this agreement in any court of law. 6
I voluntarily declare under penalty of perjury under the laws of the state I am domiciled in and from without the “United 7
States” identified in 26 U.S.C. 禮7701(a)(9) and (a)(10) and under 28 U.S.C. 禮1746(1) that the foregoing facts are true and 8
correct to the best of my knowledge and belief, so help me God. 9
10
PROTECTED PARTY Signature: Date:
Phone: Email address:
GOVERNMENT ACTOR Signature: Date:
Phone: Email address:
11
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