Requirement for Consent

the government. This means that if the government is proceeding as the injured party, then it must produce a “verified 1 complaint” alleging a specific injury to other than itself in order to enforce a statute. 2 5. A confession or a critical statement or act by the accused upon which a conviction depends must be made completely 3 voluntarily and the subject who made the confession or committed the act may not be under any kind of duress or 4 undue influence, especially by the government who is hearing the case. It is considered prejudicial and a violation of 5 due process to rely upon evidence that was obtained under duress and involuntarily. 6 6. No presumptions may be made about the status of the individual involved, because assumption and presumption 7 violate due process of law under the Fifth Amendment and are also a religious sin (see Numbers 15:30, Bible). All 8 evidence admitted, even if it is signed under penalty of perjury by the National, must be verified to be true and correct 9 and the individual must agree that no duress was involved in the production of the evidence in order for it to be 10 admissible. 11 6.1. “prima facie” evidence of law, such as the Internal Revenue Code, are not admissible. “prima facie” means 12 “presumed”. See the 1 U.S.C. §204. 13 6.2. The accused cannot be “presumed” to be an 8 U.S.C. §1401 “U.S. citizen”, without a showing with credible 14 evidence that he was born within federal jurisdiction, on land under the exclusive jurisdiction of the federal 15 government. 16 6.3. The jury may not make any presumptions. Jurists must be warned in advance that they should not make any 17 presumptions about what the tax code says, which means they must be: 18 6.3.1. Shown that the code is not positive law but special law, and therefore may not be used generally, but only 19 against persons who effectively connected themselves to the code by working for the government. 20 6.3.2. Shown the code themselves. 21 6.3.3. Shown why the individual on trial is subject to the code by being shown the liability statute or by proving 22 that he is a federal “employee” 23 6.4. See the following for details on how “presumption” is abused by federal courts to DESTROY your rights: 24 Presumption: Chief Weapon for Unlawfully Enlarging Federal Jurisdiction , Form #05.017 http://sedm.org/Forms/FormIndex.htm 7. The voir dire jury selection and judge selection process must remove all persons from the legal process who have any 25 kind of conflict of interest: 26 7.1. Judges who receive retirement benefits or pay from illegal collection activity must recuse themselves. 27 7.2. Jurists who receive any kind of government benefit or who file tax returns and therefore are subject to influence 28 by the IRS must be removed from the trial. The only people who can serve on the jury are those not subject to 29 extortion or influence by the IRS. Consequently, the IRS must agree in writing not to institute any kind of 30 collection action or retaliation against any of the jurists for any adverse decisions they might make against the 31 IRS. 32 8. The judge: 33 8.1. May not pay or receive benefits from Subtitle A federal income taxes, nor be subject to any kind of collection 34 action by the IRS. Even the possibility that such retaliation could happen by the IRS would severely prejudice the 35 rights of the accused if he is opposing the IRS. 36 8.2. Must have an appointment affidavit making him an Article III judge, which is admitted into evidence prior to the 37 start of the trial for the jury and the accused to see. 38 8.3. Must be a member of the Judicial Branch and not the Executive Branch. Consequently, he cannot be an 39 “employee” of the Executive branch and may not have a SF-61 form on file with the executive branch. Instead, 40 all of his records and pay must be handled by the Judicial branch and not any federal agency in the Executive 41 Branch. 42 9. If the judge is either a “taxpayer” or does not demonstrate a willingness to recuse himself as a person who receives 43 financial benefit from the operation of the Internal Revenue Code against persons who do not consent or volunteer, 44 then the jury must be advised that because a clear conflict of interest is present and that they have the right to rule on 45 both the facts and the law. Ordinarily, the judge would rule on the law and the jury would rule only on the facts, but if 46 the judge has a clear conflict of interest, then Thomas Jefferson and John Jay, one of our first chief Justices of the 47 Supreme Court, both said that the jury can and should rule on BOTH the facts AND the law to prevent tyranny by the 48 judge: 49

" It is left... to the juries, if they think the permanent judges are under any bias whatever in any cause, to take on themselves to judge the law as well as the fact. They never exercise this power but when they suspect partiality in the judges; and by the exercise of this power they have been the firmest bulwarks of English

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liberty. "

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[Thomas Jefferson to Abbe Arnoux, 1789. ME 7:423, Papers 15:283]

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Requirement for Consent

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Copyright Sovereignty Education and Defense Ministry, http://sedm.org Form 05.003, Rev. 7-23-2013

EXHIBIT:________