The passport office of the U.S. Secretary of State is refusing to issue passports for a variety of reasons - child support, I.R.S. taxes, lack of Social Security number. Here is a Habeas Corpus Petition that I filed in the United States District Court of the District of Columbia regarding State's refusal to issue a passport to me due to lack of a Social Security Number. Tillerson is a resident in this district and it is especially appropriate to sue him there. The basis for a Habeas petition is that anyone who may not receive a passport is in effect in "jail", custody being the correct legal term. Yes the jail is big as the U.S. but it is still a jail and that you are not free to leave and are "in custody" of the U.S. Secretary of State. Modify it to suit your circumstances.
All paragraphs in a Complaint must be numbered and the document be double spaced. Use either 13 or 14 size font. Century Gothic is the cleanest. The filing fee is $5, U.S. Postal Money Order only. You can file a Habeas petition in any U.S. District Court as the United States government has presence in all 94 districts. You will also need to fill out a Civil Cover Sheet, form JS 44. No summons is required. Generally three signed copies of the Petition together with the Civil Cover Sheet and the $5 money order, must be filed in the Court Clerk's office. Check the local Court rules and try to apply them as relevant. Service upon the Secretary of State must be made on the Legal Office of the Secretary of State using the address shown in the caption except that that will not be your responsibility in a Habeas petition. Use that address in the Civil Cover Sheet.
I suggest using certified mail, which costs about $3.50 additional. A return receipt is helpful to know when the Petition was served upon the Court clerk unless it is easier for you to serve the petition in person. Get the address for the Court Clerk from the website of the District Court in which you intend to file the petition. When the Judge reviews the Habeas petition, he/she will decide whether to serve it on the respondent, Tillerson in this case, or the petition will be denied and you will receive a Court Order to that effect. If denied your next course of action is an appeal to the Court of Appeals for the Circuit of the District Court where the petition was originally filed.
UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF YOUR CHOICE
John Doe, )
) C.A. NO. _________________
Rex Tillerson, Secretary of State )
c/o Executive Office of the Legal Advisor )
Suite 5.600 )
600 19th Street NW )
Washington, DC 20522 )
PETITION FOR WRIT OF HABEAS CORPUS PURSUANT TO 28 U.S.C. §2241
COMES NOW, John Doe, plaintiff and petitions for a Writ of Habeas Corpus. Due to the unusual nature of this Petition I am not following the suggested form.
Plaintiff, John Doe, is a native born U.S. Citizen, born on 1 April 1943 (age 74) and resides at 1 Easy Street, Anytown, Wisconsin 23456
Rex Tillerson is the U.S. Secretary of State. The State Department has responsibility to issue U.S. Passports. Tillerson can be served at Executive Office of the Office of the Legal Advisor, Suite 5.600, 600 19th St. NW, Washington, DC 20522
JURISDICTION AND VENUE
This Court has jurisdiction over this action pursuant to 28 U.S.C. §2441 (Federal Question).
Venue in this district is proper pursuant to 28 U.S.C. §1391(b).
1. Doe has been issued at least four U.S. Passports in his life with the first one being issued in about May 1967. Doe presented his birth certificate as part of his passport application as proof of U.S. birth place.
On May 10, 2017 Doe submitted a renewal passport application with picture, expired passport and fee to the National Passport Center in Sterling, VA via certified mail.
2. On or about June 10, 2017, Doe received from the National Passport Center a letter asking for certification that no Social Security Number had ever been issued to him. Their identifying number is RE: 123456789
3. Doe signed the statement under penalty of perjury provided by the Passport Agency and mailed it back to them.
4. A David A. Pomte (sic) writing for Karen A. Pizza, Director of Passport Services, in a letter dated 25 September 2017 denied me a passport.
5. Add any other relevant facts. Doe was never issued a SSN and Doe is in "custody" of the U.S. Secretary of State because Doe may not enter nor leave the United States without a passport.
6. Doe did not provide any SSN and did not (from Pomte’s letter) “willfully, intentionally negligently or recklessly provides an incorrect or invalid Social Security Number.”
7. Pomte is a typical bureaucrat, full of power over the lives of others claiming to know the law when in fact he is extremely ignorant. He is the kind of person whom Trump should fire. If Karen A. Pizza knowingly tolerates this kind of incompetence then Pizza should be fired also. Pomte playing God and lacking any real knowledge does not care how his actions affect the lives of others. Furthermore what does Social Security have to do with Passports? (this is an unnecessary opinion paragraph telling the Court and the Passport agency what I think of them)
8. Pomte wrote that that Doe did not provide “your Social Security Number”. This is another Pomte-State lie. If I “have”, meaning ‘possess’, a Social Security Number, please tell me where it is. Is it in my safe deposit box, on my right arm, hip pocket, left kidney etc. (you get the idea). No it is the government’s assigned and controlled “number”. I realize that the average person does not ask questions of reality like that. As a lifelong Chemical Engineer just like Galileo and Newton etc. I hope I am able to separate fact from fiction.
9. The so-called SSN is not a number at all, because it does not have the characteristics of numbers. Having studied Advanced Engineering Mathematics I feel qualified to make such a statement. Can you divide say 2.34 or 5.67 into “your” Social Security Number. How about taking the square root of “your “ SSN or adding two “numbers” together and see what you get? The SSN is not a number regardless of what 99.9% of the population believes. This “number” thing is just another government lie.
LEGAL BASIS FOR THIS PETITION
10. One of the very basic unremunerated rights of a citizen is to be free to leave and renter his country. The International Covenant of Civil and Political rights was ratified by the U.S. Senate on 8 June 1992. Article 12 of this treaty guarantees the right of a citizen to enter and leave freely.
11. The privileges and immunities clause of the U.S. Constitution guarantees to Doe the privilege of entering and leaving the U.S.
12. The Right to Travel is one of the unremunerated rights in the Ninth Amendment to the U.S. Constitution.
13. Doe has been declared guilty by Act of Attainder by the Executive Branch without trial and is not allowed to leave the United States. Bills of Attainder are violations of Article 1 Section 9 of the United States Constitution.
14. The United States government has in effect made the United States a prison, albeit a big prison, for those who do not have a passport. One may not leave nor return absent a passport.
PRAYER FOR RELIEF
15. WHEREFORE, Plaintiff prays that the Court:
Issue a Writ to Rex Tillerson ordering that the U.S. Passport Agency issue a passport to the plaintiff.
Pursuant to 28 U.S. Code § 1746 -- “I declare under penalty of perjury that the foregoing is true and correct.
Executed on 1 November 2017
John R. Doe
following is an appellate brief in response to the Habeas denial, filed with the United States Court of Appeals for the District of Columbia Circuit. fILING A BRIEF IN THE DC CIRCUIT IS ESPECIALLY DIFFICULT. YOU MUST NOT JUST KNOW THE FEDERAL RULES OF APPELLATE PROCEDURE BUT CAREFULLY FOLLOW THE LOCAL CIRCUIT RULES. I believe that the concept of using a Habeas petition to challenge a passport denial is unique in US legal history. we will see.
NOT SUBMITTED FOR ORAL ARGUMENT
IN THE UNITED STATES COURT OF APPEALS
FOR THE DISTRICT OF COLUMBIA CIRCUIT
Francis R. Walker
Rex Tillerson, U.S. Secretary of State
ON APPEAL FROM THE U.S. DISTRICT COURT
FOR THE DISTRICT OF COLUMBIA CIRCUIT
APPELLANT BRIEF OF FRANCIS R. WALKER
Francis R. Walker
1 Easy St. Anytown, State 12345
________________________ new page
CERTIFICATE AS TO PARTIES
Francis R. Walker, Plaintiff-Appellant
Rex W. Tillerson, Secretary of State, Respondent
RULING UNDER REVIEW
The final Order of Judge Ketanji Brown Jackson, USDC D.C. 17-cv-2359 (KBJ) filed on 22 December 2017, denying Walker a petition for a Writ of Habeas Corpus.
In the U.S.D.C. for the Middle District of North Carolina a petition for a Writ of Mandamus was filed, docket number 1:17-cv-732 with the identical parties. No decision as of yet.
TABLE OF CONTENTS
CERTIFICATE OF PARTIES, RULINGS AND RELATED CASES.............. 2
TABLE OF CONTENTS................................................................................ 2
TABLE OF AUTHORITIES ............................................................................ 3
JURISDICTIONAL STATEMENT .................................................................. 3
STATEMENT OF THE ISSUES …………………………………………………. 4
STATEMENT OF THE CASE …………………………………………………. 4
SUMMARY OF ARGUMENT ...................................................................... 8
ARGUMENT ............................................................................................... 9
PRAYER FOR RELIEF ............................................................................... 10
CERTIFICATE OF COMPLIANCE .......................................................... 10
CERTIFICATE OF SERVICE ...................................................................... 11
TABLE OF AUTHORITIES
Black’s Law Dictionary, 6th edition page 384 ……………… 10
The basis of the district court’s jurisdiction is 28 U.S.C. § 2241, Habeas Corpus. The basis of the Court of Appeals jurisdiction is 28 U.S.C. §1291, appeal from a final order of a United States District Court.
The final Order of the United States District Court was filed on 22 December 2018. A timely Notice of Appeal was filed on 12 January 2018.
STATEMENT OF ISSUES
1. May the Secretary of State deny me a U.S. Passport when a Social Security Number has never been issued to me?
2. Must Walker commit perjury in order to receive a U.S. Passport?
3. Will this Court allow the Secretary of State’s Office to suborn perjury?
STATEMENT OF THE CASE
Walker is 75, native-born American and has been issued at least four U.S. Passports in his life with the first one being issued in about May 1967. In May 1968 Walker presented his birth certificate as part of a passport application as proof of U.S. citizenship.
On May 10, 2017 Walker submitted a renewal passport application with picture, expired passport and fee to the National Passport Center in Sterling, VA via certified mail.
On or about June 10, 2017, Walker received from the National Passport Center a letter asking for certification that no Social Security Number had ever been issued to him. Their identifying case number is RE: 283315098
Walker signed the statement under penalty of perjury provided by the Passport Agency and mailed it back to them.
On or about 14 August 2017, Walker was visited by David Monroe, Special Agent for the U.S. Department of State, and about four Hoke County Sheriff’s deputies in unmarked cars, all carrying guns and not smiling. I believe that they came to arrest me. This is the kind of thing that occurred in Stazi East Germany.
Monroe and I had a conversation where Monroe told me that existing State Department records showed that State had a Social Security Identifier for me as 140-32-3619. The four police did not arrest me and quietly left.
Walker is not subject to any criminal restraints. Monroe told me that I did not have any record. David A. Pomte (sic) writing for Karen A. Pizza, Director of Passport Services, in a letter dated 25 September 2017 denied my application for a passport.
Pomte’s letter is full of lies. The first lie is that I did not provide my correct Social Security Number. Francis R. Walker was never issued a SSN and Walker has stated that fact at least four times under penalty of perjury.
Walker did not provide any SSN and did not (from Pomte’s letter) “willfully, intentionally negligently or recklessly provides an incorrect or invalid Social Security Number.”
Pomte wrote that that Walker did not provide “your Social Security Number”. This is another Pomte-State lie. If I “have”, meaning ‘possess’, a Social Security Number, please tell me where it is. Is it in my safe deposit box, on my right arm, hip pocket, left kidney etc. (you get the idea). No it is the government’s assigned, formatted and controlled “number”. I realize that the average person does not ask questions of reality like that. As a lifelong Chemical Engineer just like Galileo and Newton etc. I hope I am able to separate fact from fiction.
The so-called SSN is not a number at all, because it does not have the characteristics of numbers. Having studied Advanced Engineering Mathematics I feel qualified to make such a statement. Can you divide say 2.34 or 5.67 into “your” Social Security Number. How about taking the square root of “your “ SSN or adding two “numbers” together and see what you get? The SSN is not a number regardless of what 99.9% of the population believes. This “number” thing is just another government lie.
If Pomte needed a Social Security Identifier, then why did he not get it from EXISTING State Department records? Too easy I guess. It is easier to play dictator and prevent an innocent person from leaving the United States. Do as I say and not as I do. Pomte probably has a diplomatic passport. What a hypocrite he is.
The US Passport Agency has never provided a copy of a social security application for Francis R. Walker yet they continue to assert that one was issued. I could utterly care less what number/identifier that the State Department uses. They can use 123-45-6789 for all that I care.
The US State department is suborning perjury by trying to force Walker to commit perjury and using the denial of a passport as a penalty for not doing so.
Former Secretary of State Hillary Clinton is accused of helping to sell 25% of the United States’ Uranium ore and the current State department administration has admitted that they are negotiating with a Honduran who has murdered at least 125 people, yet the State Department has every excuse in the world to deny me a passport. As Chaucer said, “If Gold rust, what doth iron do?”.
All statements in this brief are made pursuant to penalties of perjury under 28 U.S.C. §1746.
SUMMARY OF ARGUMENT
No Social Security application exists for Francis R. Walker and it is wrong for the government to try to force me to use an alias number in order to receive a passport.
The government is suborning perjury due to Walker’s refusal to lie under oath.
The denial of a passport means that Walker may not leave nor enter the United States. He is in “custody” limited to the geographical bounds of the United States. The letter from David Pompte is the actual and legal equivalent of an Order, process etc. of a court or judge. No passport, no leave the US. As Lincoln said, This is a people of the government, by the government and for the government.
The applicable standard of review is de novo which is plenary. This is probably a case of First Impression of Passport denial and the intersection of Habeas Corpus. The District Court did not supply a relevant case and I cannot not find one either.
The Summary of Argument portion of this brief probably contains all necessary argument.
Custody. The term is very elastic and may mean actual imprisonment or physical detention or mere power, legal or physical of imprisoning or of taking manual possession. Within statute requiring that petitioner be in custody to be entitled to federal Habeas Corpus, relief does not necessarily mean actual physical detention in jail or prison but rather is synonymous with with restraint of liberty. Accordingly, persons on probation or parole or released on bail or on own recognizance has been held to be “in custody” for purposes of Habeas Corpus proceedings. (emphasis supplied)
Black’s Law Dictionary, 6th edition page 384
PRAYER FOR RELIEF
WHEREFORE, Plaintiff prays that the Court Issue an Order commanding the U.S. Passport Agency issue a passport to the plaintiff so that he can leave and reenter the United States.
CERTIFICATE OF COMPLIANCE
This entire brief without exception has about 1450 words and does not exceed any rule limit.
Francis R. Walker
CERTIFICATE OF SERVICE
I certify that I have placed a copy of this Appellant Brief in the U.S. mail, postage prepaid on 3 February 2018 to:
Executive Office of the Legal Advisor
600 19th Street NW
Washington, DC 20522
Francis R. Walker
1 Easy St.
Anytown, State 12345
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