NOTE: this is not legal advise, nor is this a suggested response. This is a document which has circulated in various cases, and been successful in some, and failed in others.
If one has been unlawfully charged in a district court of the United States (DCUS) for tax violations, one has been brought before the wrong court.
More likely, though the documents may issue under envelope enclosure from DCUS, you are probably in United States District Court (USDC)[check the documents received from the court in their headings]. This document must then be modified to include wrongful jurisdiction (not a UNITED STATES citizen, lack of personal jurisdiction (non-citizenship in UNITED STATES unless you live in a possesion of UNITED STATES or are a government employee or contractor).
It would appear that one should already have placed 'Notice of lack of jurisdiction and Memoradum in Support' before placing these Notices.
In district court of The United States of America, ________________ division
(State/Commonwealth) of _________________
PUBLIC AND JUDICIAL NOTICE - LIABILITY OF THE COURT
Notice of hearing
Notice of demand for dismissal
COMES NOW the defendant, _____________ appearing specially and not generally, for the sole purpose of respectfully notifying this honorable Court that the judge may become personally liable for the results of this case. Attention is called to the following:
"An exception to the rule of judicial immunity exists which is founded on a distinction between excess of jurisdiction and the absence of all jurisdiction ... where an act is done in the clear absence of all jurisdiction and this is known to the judge there is no immunity."
Johnson v. MacCoy, 278 F2d 37 (9th Cir., 1960); Kenney V. Fox, 232 F 2d 288 ..." Rhodes v. Houston; 202 Fed Supp. 624
An earlier case stated this liability in a slightly different way:
"Where there is clearly no jurisdiction over the subject matter, any authority exercised is usurped authority, and for the exercise of such authority, when the want of jurisdiction is known to the judge, no excuse is permissible."
Bradley v. Fisher; 13 Wall 335, 352
The notificant has already advised this honorable Court that subject matter jurisdiction is lacking as Title 26 and specifically subtitle F has not been enacted into positive law. Moreover, Title 18 nowhere defines the offense charged as being one cognizable in the district courts of the United States (DCUS).
Defendant further states that (he/she) has never knowingly volunteered or waived any personal jurisdiction in the instant matter.
Therefore, the defendant hereby provides Public and Judicial Notice that should the jurisdictional arguments ultimately prevail, this Court and/or judge may be held personally liable, as the above indicate, for the results in this instant case.
Moreover, the defendant demands this court dismiss such issue(s) as no waiver to this court's jurisdiction has been placed, nor has waiver of any rights, privileges or immunities been extended.
Notice to parties: the court shall attend to this matter on ______________(date) at ________ A.M/P.M. in court room number ______ at ____________(building and/or address)