The opinion of the court was delivered by: Daniel L. Hovland, District Judge United States District Court
ORDER DENYING DEFENDANT'S MOTIONS TO DISMISS
Before the Court are declarations which the Court will treat as a motion to dismiss and a formal "Motion to Dismiss" filed by the Defendant on November 25, 2009 and November 30, 2009. See Docket Nos. 12 and 24. The Government filed a response in opposition to the motions on December 10, 2009. See Docket No. 31. The Defendant filed a reply brief on December 21, 2009.
See Docket No. 32. The Defendant's motions are denied for the reasons set forth below.
The defendant, Michael Howard Reed, was indicted in federal court for possession of a firearm and ammunition by a fugitive from justice in violation of 18 U.S.C. §§ 922(g)(2) and 924(a)(2). See Docket No. 1. The indictment alleges that from in or about March 2009 through June 2009, Reed, a fugitive from justice from the State of Nevada, did knowingly possess a firearm and ammunition.
Reed now moves to dismiss the indictment for lack of jurisdiction. Reed's declaration provides, in relevant part:
That, I, Michael Howard Reed, Declarant herein, by making this declaration, state that it is the intent and purpose of Declarant to declare his independence from the purported unincorporated de facto NEW STATES, "this state" or "Federal States" and repatriate all his property and the property of his proper person and legal personality or juristic person, from any and all resulting trusts, presumed and otherwise. The intent and purpose of the Declarant are to reconstitute the proper person and legal personality of the living Man in relation to all commercial agreements and contracts relative to the organic Constitution for the United States of America adopted in A.D. 1789, and as amended in A.D. 1791, adding the "Bill of Rights".
That, I, Michael Howard Reed, Declarant herein, state that such property includes, but is not limited to, all My real and personal property previously transferred in error or by fraudulent registration, pledges, or otherwise, to the legislative corporate United States and its instrumentalities, a/k/a the District of Columbia and/or the trust, STATE OF MONTANA, regardless of their location within the legislative corporate United States or other countries foreign to the legislative corporate United States and its territories. Such properties, separated from public domain by purchase, are now declared private property and under the organic state Constitutions are not subject to any form of legal disability by the legislative democracy known as the United States, a/k/a the District of Columbia and its instrumentalities, a/k/a the STATE OF MONTANA.
That, I, Michael Howard Reed, Declarant herein, declare that I am a private Montana Citizen, and am not a party to the federal or state Constitutions.
Declarant herein, Michael Howard Reed, has the Right through his political Choice, Will, and Intent, to cancel, sever, forfeit and waive, and refuse to voluntarily accept all benefits and refuse to voluntarily contract with the democracy known as the legislatively created corporate United States and its instrumentalities, a/k/a the District of Columbia and/or the STATE OF MONTANA, and to lawfully declare allegiance to the Republic known as Montana, one of the United States of America Republics, wherein is protected the Right to Life, Liberty, and the Pursuit of Happiness, and reclaiming, repatriating, and retaining all his res property formerly, pledged, registered and held in trust by the legislatively created corporate United States and its instrumentalities for the use and general welfare of the "citizens" of the United States, a democracy, without interference from anyone, including governments, their agents, or their agencies.
Declarant herein, Michael Howard Reed, has knowingly, intentionally, and voluntarily exercised His Right, and has not only expressed his political will and preference to be a member of the sovereignty in the Montana republic, ab initio and nunc pro tunc, and from the date of his birth, but refuses to be subject to the legislatively created corporate United States, a democracy and its instrumentalities.
Declarant herein, Michael Howard Reed, has lawfully repatriated his res property, including but not limited to, all His estates and private properties, real and personal, tangible and intangible, including all property pledged and registered with the legislatively created corporate United States and its instrumentalities, into the Montana Republic and The United States of America, the Republic, and under their Laws.
Declarant's properties include, but are not limited to, real and personal property located anywhere with The United States or any other country foreign to the United States and its instrumentalities, especially real property located anywhere within the continental United States of America, including within the land mass known as the Montana Republic, previously transferred, donated, or granted in error or fraudulently, by pledges, registrations, or otherwise, to the legislatively created corporate United States and its instrumentalities, a democracy.
Declarant's properties, formerly held in trust by the legislatively created corporate United States and its instrumentalities, from Declarant's Birth-date, for the general welfare and benefit of all the "citizens of the United States" within the communal 14th amendment public trust, and other resulting charitable, or implied trusts, are withdrawn from such trusts and are declared private property, separated from public domain by purchase, are no longer subject to encumbrances and control by the legislatively created corporate United States, a/k/a the District of Columbia and its instrumentalities and/or the STATE OF MONTANA.
See Docket No. 12 (emphasis and errors in original). In Reed's "Motion to Dismiss" filed on November 30, 2009, he alleges lack of subject matter jurisdiction and personal jurisdiction "'as found in the Federal Rules of Criminal Procedure 12(B)(1)(2)(3)(4)(5)(6)' and 18 USC, 31-42 and Federal Rules of Civil Procedure 12B-3B, 12B-3C, 12-4G, 16-C1." See Docket No. 24. Reed states, I: boa-kaa-konan-na-ishkawaanden=Michael-Howard-Reed=original-creditor-original-beneficiary: for ...