IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA

 

 AFFIDAVIT & A DEMAND FOR DEPOSITION

UPON GOVERNMENT’S WITNESSES

 

State of Nebraska                               )

                                         ) ss.

County of ____________)

 

Preface of this Affidavit

 

We, David Lee Kleensang and Bernita Margaret Kleensang, Affiants (defendants) understand that the United States Government has its reasons, Right or Wrong, and its objectives in pursuing the matter. Case # 8:12CR 56.

 

However, we perceive a Danger to our Country (USA) in what the unnamed (IRS) moving parties are attempting to do, Namely, disintegrate Marriage and the Family units in America.

 

Therefore, we are invoking as a Higher Power for our assistance, the United States government’s own legal code, title 42 of the United States Code section 1986, pertaining to the Public Health and Welfare, known as the Brother’s-Keeper/Statute (A Good Samaritan Statute).

This statute is quoted here as follows: 42 USC § 1986 Action for Neglect to Prevent

 

Every person who, having knowledge that any of the wrongs conspired to be done, and mentioned in section 1985 of this title, are about to be committed, and having power to prevent or aid in preventing the commission of the same, neglects or refuses so to do, if such wrongful act be committed, shall be liable to the party injured, or his legal representatives, for all damages caused by such wrongful act, which such person by reasonable diligence could have prevented; and such damages may be recovered in an action on the case; and any number of persons guilty of such wrongful neglect or refusal may be joined as defendants in the action…

 

CLEAN HANDS/GOOD FAITH ACTION

This Legal Instrument is not being applied for light or transient reasons. This Legal instrument is not engaged in for purposes of harassment.  This legal Instrument is not engaged in for purposes of impeding or slowing down Lawful court processes.

 

We the defendants in this matter are required by Title 42 section 1986 of the United States Code to exercise “reasonable diligence”; therefore, we have prepared and presented this Legal Instrument for the Protection of Marriage and the Family units in America.

THANK-YOU FOR YOUR ATTENTION TO DETAIL

ATTENTION: GOVERNMENT’S WITNESSES

 

UNITED STATES OF AMERICA, ex rel Accusing Party(s) Not Declared  Bonding Company and Performance and/or Fidelity Bond #s have not been declared.                                        (Plaintiff) vs. DAVID LEE KLEENSANG and BERNITA MARGARET KLEENSANG                                  (Defendants/Affiants) Appearing in Proper Flesh and Blood capacity, having assistance of counsel of their choice, reserving the power to object to interference and to complain pursuant to 18 USC § 4, 3, & 1st Amendment Petition for Redress of Grievances.

) ) ) ) ) ) ) ) ) ) ) )

Case No. 8:12CR 56 Case No. 8:12CR 56-LSC-FG3 Affidavit and Demand for Deposition   Points of Law 18 USC §§ 3, 4, 241, 242, 1001, 1621, & 1622   The United States Constitution (Supreme Law of the Land) Article IV § I, Amendments 1, 4, 5, 6, 9, 10, & 14   42 USC § 1986

 

 

Affidavit of Material Fact(s)

 

Affiants certify under our own commercial liability that the following is true, correct, materially complete, and not misleading to the best of our knowledge and belief.

 

A case stops at its first defect and/or at the first point fraud is found.

 

1) Since this is a Commercial action because the parties have a Commercial relationship, which consists of a flow of Money, Fines, Bails, Bonds, and Bondage. [Life, Liberty, Property (Time)]

 

2) Criminal Processes are Commercial Processes; therefore, always by Contract requiring full disclosure.

 

3) See attached:  “Declaration of my Beliefs According to the Law and THE SEVEN POINT CONTENT OF A COMMERCIAL PROCESS OR INSTRUMENT.” (6^th Amendment)

 

LIST OF DEFECTS

 

(A) On June 5, 2012, Assistant U. S. Attorney, Douglas R. Semsich (#16655) issued a NOTICE OF GOVERNMENT’S WITNESS LIST, referring to the UNITED STATES OF AMERICA as the Plaintiff.*

 

(B) The United States of America cannot bring charges because it cannot be put on the witness stand.*

 

(C) No Flesh and Blood people have appeared as ex rel on behalf of the Legal Fiction (Plaintiff).* 

 

(D) Plaintiff failed to enter the initial court process properly, thus committing Fraud, now involving the court and all co-conspirators (now includes all Government Witnesses) in Fraud. (18 USC § 3)*

 

(E) Affiants are in a Marriage Trust of David Lee and Bernita Margaret Kleensang, which is being Violated by Plaintiff and all “co-conspirators.” (18 USC § 3)*

 

(F) Affiants have not exhausted our Remedies in Commerce, because Plaintiff has failed to identify ex rel who our Flesh and Blood Accuser(s) are.*

 

GOVERNMENT’S WITNESS LIST

 

1.      Shauna Henline, IRS, Ogden, Utah –Special Agent

2. Mary Hardy, Hampton, Georgia - Notary
3. Eloise Kampbell, Rushville, Nebraska – Court Clerk
4. Howard Olsen, Scottsbluff, Nebraska - Attorney
5. Brian Silverman, Alliance, Nebraska - Judge
6. Dennis King, Gordon, Nebraska - Attorney
7. Terry Robbins, Rushville, Nebraska - Sheriff
8. James Carney, Scottsbluff, Nebraska - Attorney
9. Trudy Winter, Rushville, Nebraska – County Assessor
10. Randall Lippstreu, Gering, Nebraska - Judge
11. James Wefso, Rapid City, South Dakota - Attorney
12. Matthew Johnson, U. S. Treasury Department, Washington, DC
13. Ashley Thompson, IRS, Omaha, Nebraska –Special Agent
14. Marcia Sullivan, Alliance, Nebraska - Notary

 

AFFIDAVIT OF MATERIAL FACTS CONCERNING THE ABOVE WITNESSES

 

1) As a witness for the Plaintiff; this makes you a Hostile Witness to the Defendants.*

 

2) NO ONE can be forced to testify against any Defendant(s) when the plaintiff has failed to properly identify whom the moving party (accuser) -Flesh and Blood real man or woman is with the capacity to be cross-examined on the witness stand.*

 

3) In this case 8:12CR 56, 8:12CR 56-LSC-FG3: United States, -aka- USA, -aka- United States of America (Plaintiff) has failed to properly identify who the Flesh and Blood Accuser with capacity of being cross-examined on the witness stand.*

 

4) The Plaintiff has failed to properly identify the Accuser(s) ex rel the Plaintiff from the beginning of this case, this constitutes Fraud. (a Felony) This Fraud is the First Defect in this case.*

 

5) Because the Plaintiff has failed to identify the accuser who is ex rel the Plaintiff, this means the Defendants have not exhausted all of his/her remedies in Commerce (Conjugal Rights of Society).*

 

6) When any Judge, Prosecuting Attorney and/or other Public official refuses to allow the Defendant(s) the Right of “Due Process of Law” to exhaust all of his/her remedies in Commerce, this is a felony offense [of any Judge, Prosecuting Attorney, and/or other Public Official and/or “Accessories after the Fact” so involved] defined by and with respect to the Constitution Article IV § 1, and Amendments 4, 5, 6, 7, & 14 –“Due Process of Law.”*

 

7) The First Defect in this case is a Fraud committed by the plaintiff by omission. This defect is failure to identify accusing parties. The Case Stops at this first Defect.*

 

8) The Felonies stated in parts 3), 4), 5), 6), and 7) have been and are continuing to be committed by Plaintiff, Judges, Prosecuting Attorneys, IRS Agents, and all others acting in conspiracy with them (18 USC § 3) who are in Violation of Affiants’ Civil Rights including Marriage, as secured by our Firm obedience to the Constitution, pursuant to, and punishable under 18 USC §§ 4, 3, 241, & 242.*

 

9) According to the Declaration of Independence, the Constitution of the United States of America is an International Trade agreement, which promises this country will pay its trade debts. This means that the Constitution cannot be Dead and must be obeyed and that any action on the part of the IRS or any other parties to destroy the Marriages and the Family units of the American Laboring Public is an act giving Aide and Comfort to the Enemies of this Country, and Hence an act of Treason.  As a consequence of this, the actions of the IRS are also a violation of the Military Strength of this Nation. This case deals with the disintegration of Marriage and the Family unit and is therefore a matter of National Security. It must be made a matter of Public Record, it must be published.*

 

10) Now that each of you individually has been made aware of these felony offenses that have been committed and continue to be committed by the Plaintiff, should you make the poor choice to be a hostile Witness for the plaintiff against the defendants, this shall automatically cause you to become an “Accessory after the Fact” to all Felonies having been and continuing to be committed by the Plaintiff in violation of 18 USC § 3.*

 

11) As a hostile Witness you are required to properly identify yourself. *

__________________________________________________________________________

 

 Should you willfully now decide to be and/or continue to be a Hostile Witness for the Plaintiff against the Marriage Trust of David Lee Kleensang and Bernita Margaret Kleensang, you will automatically be construed to be “Accessories after the Fact.” (18 USC § 3)

 

Are you Absolutely sure that you wish to be a Hostile Witness? ---Yes – or – No

 

“Demand for Deposition”

 

#1: Affiants David Lee Kleensang and Bernita Margaret Kleensang, a Marriage Trust, demand each of you individually as a Public Officer witness, to properly identify yourself and produce the name of your Bonding Company and Performance and/or Fidelity Bond (Commercial Malpractice Liability Insurance) number.*

 

#2: Affiants demand that each Witness produce a sworn Affidavit, stating Facts and Laws that they believe justifies their choice to be a witness.*

 

Failure to provide Full Disclosure is Fraud, predicated upon Violation of “Due Process of Law.” (Constitution Article IV § 1, and Amendments 6 & 14)*

 

*Footnote:  See attached Declaration of my Beliefs According to the Law and required Seven (7) Points to a Commercial Instrument.

 

I, David Lee Kleensang and I, Bernita Margaret Kleensang, (Affiants), are personally appearing before Notary, and giving written and spoken oaths affirming that this Affidavit is true, correct, materially complete, and not misleading to the best of our knowledge and belief under our own commercial liability.

 

Executed this _____ day of __________________, in the year of our Lord two thousand twelve.

 

__________________________________________

 

__________________________________________

                        (Signatures of Affiants)

 

Sworn to (or affirmed) and subscribed before me this __________day of __________________,

in the year of our Lord two thousand twelve by_______________________________________

                                                                         and _____________________________________

                        (Print Affiants’ Names)

____ Personally Known

____ Produced Identification

Type and # of ID______________________

 

NOTICE: All response correspondence must be sent to David Lee Kleensang and Bernita  Margaret Kleensang. 

c/o Notary Acceptor, c/o 8035 Black Hawk Road, Black Hawk, South Dakota 57718

 

                        ______________________________________

                                (Signature of Notary)

(Seal)                                                                                                                    ______________________________________

                                (Name of Notary Typed, Stamped, or Printed)

                                                                                  Notary Public, State of Nebraska

 

LEGAL NOTICE

The Certifying Notary is an independent contractor and not a party to this claim.  In fact the Certifying Notary is a Federal Witness Pursuant to TITLE 18, PART I, CHAPTER 73, SEC. 1512.  Tampering with a witness, victim, or an informant.  The Certifying Notary also performs the functions of a quasi-Postal Inspector under the Homeland Security Act by being compelled to report any violations of the U.S. Postal regulations as an Officer of the Executive Department.  Intimidating a Notary Public under Color of Law is a violation of Title 18, U.S. Code, Section 242, titled “Deprivation of Rights Under Color of Law,” which primarily governs police misconduct investigations.  This Statute makes it a crime for any person acting under the Color of Law to willfully deprive any individual residing in the United States and/or United States of America those rights protected by the Constitution and U.S. laws.