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Strunk v.

The State of New York et al

New York Northern District Court


Judge: David N Hurd
Referred: Christian F Hummel
Case #: 1:19-cv-00202
Nature of Suit 440 Civil Rights - Other Civil Rights
Cause 42:1983 Civil Rights Act
Case Filed: Feb 14, 2019

Docket Parties (12)

Last checked: Friday Feb 15, 2019 1:14 AM EST

Defendant
Andrew M. Cuomo

Defendant
Democratic National Committee

Defendant
Carl E. Heastie

Defendant
Planned Parenthood Federation of America, Inc.

Defendant
Andrea Stewart-Cousins

Defendant
The City of New York

Defendant
The State of New York

Defendant
U.S. Department of Health and Human Services

Defendant
U.S. Department of Homeland Security

Defendant
Voice for Choice: Planned Parenthood of New York City Action Fund, Inc.
Defendant
Warren "Bill De Blasio" Wilhelm, Jr.

Plaintiff
Christopher Earl Strunk
Individually of New York Post Office Box 70
Corinth, NY 12822

Docket last updated: 7 hours ago

Friday, March 15, 2019

19 notice Notice of Appearance Fri 1:07 PM

NOTICE of Appearance by Samantha J. Katze on behalf of Planned Parenthood Federation of America, Inc.,
Voice for Choice: Planned Parenthood of New York City Action Fund, Inc. (Katze, Samantha)

18 answer Answer to Complaint Fri 12:36 PM

ANSWER to1 Complaint,, by Planned Parenthood Federation of America, Inc., Voice for Choice: Planned
Parenthood of New York City Action Fund, Inc..(Friedman, Kenneth)

17 misc FRCP 7.1 Corporate Disclosure Statement Fri 12:34 PM

FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Voice for Choice: Planned Parenthood of New York
City Action Fund, Inc. identifying Corporate Parent Planned Parenthood of New York City, Inc. for Voice for
Choice: Planned Parenthood of New York City Action Fund, Inc... (Friedman, Kenneth)

16 misc FRCP 7.1 Corporate Disclosure Statement Fri 12:32 PM

FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by Planned Parenthood Federation of America, Inc..
(Friedman, Kenneth)

15 motion Reconsideration Fri 11:25 AM

MOTION for Reconsideration re 11 Text Order denying request for Temporary Restraining Order and
Preliminary Injunction filed by Christopher Earl Strunk. (jdp, )

Att: 1 Exhibit(s),

Att: 2 Exhibit(s),

Att: 3 Envelope

Wednesday, March 13, 2019


14 order Order on Letter Request Wed 2:31 PM
TEXT ORDER granting13 Letter Request from Assistant Attorney General Keith Starlin for Andrew M. Cuomo,
The State of New York requesting an extension of time to respond to the Complaint. Andrew M. Cuomo
answer due 4/12/2019; The State of New York answer due 4/12/2019. Authorized by Magistrate Judge
Christian F. Hummel on 3/13/2019. (Copy served via regular mail on 3/13/2019)(tab)

13 motion Letter Request/Motion Wed 12:40 PM

Letter Motion from Assistant Attorney General Keith Starlin for Andrew M. Cuomo, The State of New York
requesting an extension of time to respond to the Complaint submitted to Judge Hon. Christian F. Hummel .
(Starlin, Keith)

Tuesday, March 12, 2019


12 order Order to Strike Tue 4:20 PM
TEXT ORDER that the Copies of Letters to the FOIL Counsel at State Capitol, Dkt.10 in the above-entitled
action shall be stricken from the docket because it was filed by a Non-Party to the action. Because the Non-
Party submission is being stricken from the docket, it will not be considered by the Court, pursuant to the
Oral Order of Judge David N. Hurd on March 12, 2019. (copy of text order served on pro se plaintiff by
regular mail to: Christopher Earl Strunk, Post Office Box 70 Corinth, NY 12822) (ptm)

11 order Order on Motion for Preliminary Injunction Order on Letter Request Tue 4:18 PM
TEXT ORDER DENYING REQUEST FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY
INJUNCTION: Pursuant to the verbal Order of the Hon. David N. Hurd, USDJ and upon review of all papers
submitted at (Dkt Nos.1 ,6 and8 ), plaintiff's request for an order to show cause for a Temporary Restraining
Order and Preliminary Injunction is hereby DENIED IN ALL RESPECTS. Plaintiff is advised that he may
proceed by the standard procedures and rules of this district upon proper service and joinder. Plaintiff is
further advised that he is responsible for properly serving the summons, complaint, and General Order 25
packet upon the defendants in accordance with Fed. R. Civ. P. 4. Pursuant to G.O. 25, service of process
shall be completed within 21 days of the date of the filing of this action. Proof of such service shall be filed
with the Clerk. So Ordered by Judge David N. Hurd on 3/12/2019. (copy of text order served on pro se
plaintiff by regular mail to: Christopher Earl Strunk, Post Office Box 70 Corinth, NY 12822) (ptm)

10 misc Letter Tue 12:04 PM

***STRICKEN PER ORDER AT DKT. NO. 12*** Copy of Letter to FOIL Counsel at State Capitol from non-party.
(hmr) Modified per order on 3/12/2019 (ptm)

Att: 1 Copy of Letter to FOIL Counsel at State Capitol,

Att: 2 Mailing Envelope

Monday, March 11, 2019


utility Set/Reset Answer Deadline Mon 4:43 PM
***Answer due date updated for Andrew M. Cuomo answer due 3/18/2019; Planned Parenthood Federation
of America, Inc. answer due 3/15/2019; The State of New York answer due 3/18/2019; Voice for Choice:
Planned Parenthood of New York City Action Fund, Inc. answer due 3/15/2019; Warren "Bill De Blasio"
Wilhelm, Jr answer due 3/15/2019. (hmr)

misc Clerk Correction of Docket Entry Mon 4:47 PM


CLERK'S CORRECTION OF DOCKET ENTRY re Set/Reset Answer Deadline: Answer deadlines were set
incorrectly 60 days instead of 21 days in the 2/27/2019 entry. The Correct Answer Deadlines are as follows:
Planned Parenthood Federation of America, Inc. answer due 3/15/2019; Voice for Choice: Planned
Parenthood of New York City Action Fund, Inc. answer due 3/15/2019; Warren "Bill De Blasio" Wilhelm, Jr
answer due 3/15/2019. (hmr)

misc Clerk Correction of Docket Entry Mon 4:51 PM


CLERK'S CORRECTION OF DOCKET ENTRY re Set/Reset Answer Deadline: Answer Deadlines were set
incorrectly 60 days instead of 21 days in the 3/11/2019 entry. The Correct Answer Deadlines are as follows:
Andrew M. Cuomo answer due 3/18/2019 and The State of New York answer due 3/18/2019. (hmr)

Thursday, March 07, 2019

9 misc Return Receipt Thu 2:47 PM

U.S. Postal Service Copies of RETURN RECEIPTS received as to Christopher Earl Strunk served on The U.S.
Attorney General, U.S. Department of Health and Human Services, Democratic National Committee, Andrea
Stewart-Cousins, Carl E. Heastie, Voice for Choice: Planned Parenthood of New York City Action Fund, Inc.,
USPS Delivery Notices for the USDHS, NDNY USA, NYC Corp. Counsel, PPF in NYC and copies of certified
mail receipts. (hmr)

8 motion Letter Request/Motion Thu 1:05 PM

Letter Motion from Christopher Earl Strunk requesting an emergency hearing and/or exparte order regarding
the application for the TRO submitted to Judge David N. Hurd. (hmr)

Friday, March 01, 2019

7 service Certificate of Service Fri 2:31 PM

CERTIFICATES PROOF OF SERVICE by Christopher Earl Strunk re1 Complaint,2 Summons Issued and6
MOTION for Preliminary Injunction served upon The State of New York and Andrew M. Cuomo.(hmr)

Att: 1 Certificate Proof of Service for Defendants The State of New York and Andrew M.
Cuomo,
Att: 2 Certificate Proof of Service for Defendants The State of New York and Andrew M.
Cuomo,
Att: 3 Mailing Envelope

utility Set/Reset Answer Deadline Fri 2:51 PM


***Answer due date updated for Andrew M. Cuomo answer due 4/26/2019; The State of New York answer
due 4/26/2019. (hmr)

Wednesday, February 27, 2019

6 motion Preliminary Injunction Wed 4:34 PM

MOTION/MEMORANDUM OF LAW in Support of an Order to Show Cause for a Preliminary Injunction to


Restrain by Christopher Earl Strunk.(hmr)

Att: 1 Cover Letter,

Att: 2 Envelope

5 service Certificate of Service Wed 4:30 PM

CERTIFICATE OF SERVICE of Summons and Complaint upon Bill De Blasio, Planned Parenthood Federation
of America, Inc. and Voice for Choice: Planned Parenthood of New York City Action Fund, Inc. by Christopher
Earl Strunk(hmr)

Att: 1 Certificate of Service by USPS Certified Mail

utility Set/Reset Answer Deadline Wed 4:43 PM


***Answer due date updated for Planned Parenthood Federation of America, Inc. answer due 4/23/2019;
Voice for Choice: Planned Parenthood of New York City Action Fund, Inc. answer due 4/23/2019; Warren "Bill
De Blasio" Wilhelm, Jr answer due 4/23/2019. (hmr)

Thursday, February 14, 2019

4 misc Pro Se Handbook and Notice Issued Thu 1:47 PM

PRO SE HANDBOOK and NOTICE issued and explained to Christopher Earl Strunk at time complaint was
filed. [Copy of notice and pro se packet were given to pro se plaintiff at the Albany Clerk's Office counter on
2/14/2019.] (hmr)

3 misc G.O. 25 Filing Order Thu 1:45 PM

G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/15/2019 at 10:00 AM in Albany before
Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory
Disclosures are to be exchanged by the parties on or before 5/8/2019. (Pursuant to Local Rule 26.2,
mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (hmr)

2 service Summons Issued Thu 1:43 PM

Summons Issued as to Andrew M. Cuomo, Democratic National Committee, Carl E. Heastie, Planned
Parenthood Federation of America, Inc., Andrea Stewart-Cousins, The City of New York, The State of New
York, U.S. Department of Health and Human Services, U.S. Department of Homeland Security, Voice for
Choice: Planned Parenthood of New York City Action Fund, Inc., Warren "Bill De Blasio" Wilhelm, Jr.(hmr)

Att: 1 Summons Issued for The State of New York,

Att: 2 Summons Issued for Andrew M. Cuomo,

Att: 3 Summons Issued for Andrea Stewart-Cousins,

Att: 4 Summons Issued for Carl E. Heastie,

Att: 5 Summons Issued for The City of New York,

Att: 6 Summons Issued for Warren "Bill De Blasio" Wilhelm, Jr.,


Att: 7 Summons Issued for Democratic National Committee,

Att: 8 Summons Issued for the U.S. Department of Health and Human Services,

Att: 9 Summons Issued for U.S. Department of Homeland Security,

Att: 10 Summons Issued for Planned Parenthood Federation of America, Inc.,

Att: 11 Summons Issued for Voice for Choice: Planned Parenthood of New York City Action
Fund, Inc.,
Att: 12 Summons Issued for U.S. Attorney

1 cmp Complaint Thu 1:32 PM

COMPLAINT with Petition for a Preliminary Injunction against Andrew M. Cuomo, Democratic National
Committee, Carl E. Heastie, Planned Parenthood Federation of America, Inc., Andrea Stewart-Cousins, The
City of New York, The State of New York, U.S. Department of Health and Human Services, U.S. Department
of Homeland Security, Voice for Choice: Planned Parenthood of New York City Action Fund, Inc., Warren "Bill
De Blasio" Wilhelm, Jr (Filing fee $400 receipt number ALB011253) filed by Christopher Earl Strunk.(hmr)

Att: 1 Civil Cover Sheet

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STATE OF NEW YORK


OFFICE OF THE ATTORNEY GENERAL

LETITIA JAMES DIVISION OF STATE COUNSEL


ATTORNEY GENERAL LITIGATION BUREAU

Writer Direct: (518) 776-2622

March 13, 2019

Hon. Christian F. Hummel


James T. Foley U.S. Courthouse
445 Broadway, Room 441
Albany, NY 12207

Re: Strunk v. State of New York, et al.


19-CV-202 (DNH)(CFH)

Dear Magistrate Hummel:

On behalf of defendants New York State and Governor Cuomo I write to respectfully
request an extension of time to respond to plaintiff’s Complaint in this matter to April 12, 2019.

The Attorney General’s Office has just been retained to represent defendants New York
State and Governor Cuomo in this matter, I have been assigned to handle it on their behalf and it
appears that the Court has just re-set the deadline for New York State and Governor Cuomo to
respond to the Complaint to March 18, 2019. (See, the Court’s March 11, 2019 docket entry).
The above-requested extension is necessary to provide us with an opportunity to determine
whether our office will be responding to the Complaint on behalf of other named defendants in
this matter, to review the case, conduct an investigation into the matter, research relevant issues
and to prepare an appropriate response to plaintiff’s Complaint. In making this request,
defendants New York State and Governor Cuomo do not waive any defenses they may have and
expressly reserve their right to raise the affirmative defense of lack of personal jurisdiction, as
well as any other affirmative defenses which may be applicable in this action. Our office has not
contacted the plaintiff in this matter due to the time constraints involved, the nature of this
action, the stance of the parties and this plaintiff’s pro se status.

Thank you so much for your consideration of this matter.

Pursuant to 28 U.S.C. §1746 I declare that, on this date, I caused the plaintiff to be served with a copy of this letter
request by First-Class United States Mail at the address listed below.

Litigation Bureau, The Capitol, Albany, NY 12224-0341 Phone (518) 776-2300


Case 1:19-cv-00202-DNH-CFH Document 13 Filed 03/13/19 Page 2 of 2
March 13, 2019
Page 2

Respectfully yours,

s/ Keith J. Starlin
Keith J. Starlin
Assistant Attorney General
Bar Roll No. 105187
keith.starlin@ag.ny.gov

cc: Christopher Earl Strunk


Post Office Box 70
Corinth, NY 12822
Pro Se
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Christopher Earl Strunk
Post Office Box 70
Corinth, New York 12822
518-416-8743
Email: chris@privateamericancitizen.org

Clerk of the United States District Court


for the Northern District ofNew York
Alexander Pirnse Federal Building
10 Broad Street
Utica, New York 13501

Re: STRUNK V. NYS ET AL. USDC NDNY Civil Case: 2019 CV 202
Subject: USPS PROOF OF SERVICE for filing

Dear Clerk of the Court,

I am the Plaintiff in the above referenced Civil action with OSC application, and attach herewith
documents for filing according to local rules of the Court, and this is follow-up to our phone call
of March 1 regarding proof of Postal Service; attached is a copy of the "USPS Return Receipts"
received as of 5 March at my POB 70 in Corinth 12822, as well as my search of the remaining
USPS delivery reports of the remainder of Certified Mailings of21 February 2019 as follows:

• Two pages of Return Receipt cards received for: 7018 2290 0002 0658 5694 (USAG in DC)
7018 2290 0002 0658 5618 (USHHS in DC) 7018 2290 0002 0658 5731 (DNC in DC) 7018
2290 0002 0658 5724 (NYS Senate Leader) 7018 2290 0002 0658 5656 (NYS Assembly
Leader) 7018 2290 0002 0658 5717 (Voice for Choice)
• One Page USPS Delivery Notice for USDHS- 70182290000206585663
• One Page USPS Delivery Notice for NDNY USA- 70182290000206585687
• One Page USPS Delivery Notice for NYC Corp Counsel- 70182290000206585595
• One Page USPS Delivery Notice for PPF in NYC 70182290000206585700
• Two Pages of Copy of Certified Mail Receipts filed 2-27-2019

As the 4 remaining Return Receipts are posted, I will notify the Clerk accordingly; however,
because this application for a TRO is regarding imminent irreparable harm with time as the
essence I urge an emergency hearing and or exparte order that will be served with backup
documents personally on each respondent. Plaintiff declares and states under penalty of perjury
that the attached are true and correct copies with 28 USC 1746.
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Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 1 of 52
U.S. DISTRICT COURT. N.D. OF Ny
FILED ..
Christopher Earl Strunk, in esse Sui juris in propria persona
Post Office Box 70 FEB 2 7 2019
Corinth, New York 12822
Ph: 518-416-8743 Email: chris@privateamericancitizen.org AT_ O'CLOCK
lohn M. Domurad. Cle-rk---Uti-ca-

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF NEW YORK
Civil Case No: 19-CV-202 DNH I CFH
>C------------------------------------------------------------------------------------------------------------------>C
In the matter of:

Christopher Earl Strunk, Individually of New York;


Plaintiff, Petitioner
versus

THE STATE OF NEW YORK etal.


Defendants/Respondents.
>C------------------------------------------------------------------------------------------------------------------>C
STRUNK MEMORANDUM OF LAW IN SUPPORT OF AN ORDER TO SHOW

CAUSE FOR A PRELIMINARY INJUNCTION TO RESTRAIN

This is Plaintiff /Petitioner's Memorandum of Law for the Petition with Exhibits A thru F filed

on 14 February 2019, supplemented by the Declaration endorsed on 18 February 2019 by

Christopher Earl Strunk (I) in support of an Order To Show Cause for the Honorable David N.

Hurd U.S.D.J. to issue a preliminary restraint of Respondents as time is of the essence with

imminent irreparable harm with no other adequate remedy at law and with a likelihood of

success since the 22 January 2019 enactment of the Reproductive Health Act (RHA shown at

E>ehibit A) that commits infanticide for unjust enrichment in New York; and subject to a hearing,

a permanent injunction of Respondents with different and other relief as the Court may deem

necessary. To simplifY a fifty plus year tug of war since the SCOTUS Jane Roe, eta/. v. Henry

Wade : 410 U.S. 113 of 1973 requires unique original issues herein for relief as follows:

1
Strunk is in esse Sui juris (a living being free to contract) in propria persona, a private national
citizen of the United States of America, a non surety indenture of the U.S. Citizen per se, and
New York national, a New Yorker.
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 2 of 52

A. Prohibitory restraining order of Defendants to cease and desist from acting under color of the

RHA or similar directive and or to receive the emergency government reimbursement, until

further order of the Court; and

B. That the Court order a hearing for a permanent injunction; and

C. That the Court declare the fetus a newborn per se when separated from the mother, even

when sustained in an incubator; and

D. That the Court declare the newborn when separated from the mother, even when sustained in

an incubator, is a person per se and even when not duly registered with the state; and

E. Such other and different relief as the court judges necessary for justice herein

UNIQUE ORIGINAL ISSUES

As preface to this memorandum, The International Covenant on Civil and Political Rights

(ICCPR) (:Z) arguendo as a result of the 85 year continuous Emergency Government (FOR's

declared war against the emergency under the Emergency Banking Relief Act and Proclamation

2040 - Exhibits G thru Exhibit L) does not apply because the United States has specified

Reservations, understandings, and declarations when The United States Senate ratified the

ICCPR in 1992, with five reservations, five understandings, and four declarations.<J) Some have

2
https://en.wikipedia.org/wiki!International_Covenant_on_Civil_and_Political_Rights
The International Covenant on Civil and Political Rights (ICCPR) is a multilateral treaty
adopted by the United Nations General Assembly through GA. Resolution 2200A (XXI) on 16
December 1966, and in force from 23 March 1976 in accordance with Article 49 of the covenant.
Article 49 allowed that the covenant will enter into force three months after the date of the
deposit of the thirty-fifth instrument of ratification or accession. The covenant commits its
parties to respect the civil and political rights of individuals, including the right to life, freedom
of religion, freedom of speech, freedom of assembly, electoral rights and rights to due
process and a fair trial. As of August 2017. the Covenant has 172 parties and six more
signatories without ratification.
3
http://hrlibrary.umn.edu/usdocs/civilres.html
2
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 3 of 52

4
noted that with so many reservations, its implementation has little domestic effect.( ) Included in

the Senate's ratification was the declaration that "the provisions of Article 1 through 27 of the

Covenant are not self-executing" (S), and in a Report stated that the declaration was meant to
6
"clarifY that the Covenant will not create a private cause ofaction in US. Courts." ( )

The U.S. Senate's five Reservations to the ICCPR, quote:

(1) That Article 20 does not authorize or require legislation or other action by the United States

that would restrict the right of free speech and association protected by the Constitution and laws

of the United States.

(2) That the United States reserves the right, subject to its Constitutional constraints, to impose

capital punishment on any person (other than a pregnant wom11n) duly convicted under existing

or future laws permitting the imposition of capital punishment, including such punishment for

crimes committed by persons below eighteen years of age. (Emphasis by Strunk)

(3) That the United States considers itself bound by Article 7 to the extent that "cruel, inhuman

or degrading treatment or punishment" means the cruel and unusual treatment or punishment

prohibited by the Fifth, Eighth and/or Fourteenth Amendments to the Constitution of the United

States.

(4) That because U.S. law generally applies to an offender the penalty in force at the time the

offense was committed, the United States does not adhere to the third clause of paragraph 1 of

Article 15.

4
https://www2.gwu.edu/-erpaperslteachinger/glossary/cov-civilpol-rights.cfm in re Black,
Allinda; Hopkins, June, eds. (2003). "Covenant on Civil and Political Rights". The Eleanor
Roosevelt Papers. Hyde Park, New York: Eleanor Roosevelt National Historic Site. Retrieved 21
February 2009.
5
138 Cong. Rec. S4781-84 (1992)
6
S. Exec. Rep. No. I 02-23 ( 1992)
3
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 4 of 52

(5) That the policy and practice of the United States are generally in compliance with and

supportive of the Covenant's provisions regarding treatment of juveniles in the criminal justice

system. Nevertheless, the United States reserves the right, in exceptional circumstances, to treat

juveniles as adults, notwithstanding paragraphs 2(b) and 3 of Article 10 and paragraph 4 of

Article 14. The United States further reserves to these provisions with respect to individuals who

volunteer for military service prior to age 18.

QUESTIONS PRESENTED HEREIN

A. DOES THE U.S. SENATE AFFORD EQUAL PROTECTION OF THE FETUS AS AN

INNOCENT PERSON?

B. DOES THE EMERGENCY GOVERNMENT PER SE DENY EQUAL PROTECTION

TREATMENT REQUIRED OF SECTION 1 OF THE FOURTEENTH AMENDMENT

WHEN A HUMAN BEING PERSON EQUATES WITH A CORPORATE ENTITY

PERSON?

C. DOES RHA PER SE DENY EQUAL PROTECTION TREATMENT REQUIRED OF

SECTION I OF THE FOURTEENTH AMENDMENT WHEN THE FETUS

SEPARATED FROM THE MOTHER BECOME A NEWBORN PERSON EVEN

WHEN SUSTAINED IN AN INCUBATOR?

D. DO ALL ENTITIES WHETHER HUMAN OR FICTIONAL QUALIFY AS THE

CHATTEL PROPERTY OF THE EMERGENCY GOVERNMENT?

E. DO DEFENDANTS UNDER RHA USE OF NEWBORN TISSUE EQUATE TO FETAL

TISSUE RESEARCH: FREQUENTLY ASKED QUESTIONS DEFINED BY

4
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 5 of 52

CONGRESSIONAL RESEARCH SERVICE IN THE REPORT R44129 SHOWN AT

EXHIBIT B?

F. DOES DEFENDANTS USE UNDER RHA REIMBURSEMENT AND OR SALE OF

NEWBORN TISSUE EQUATE TO UNJUST ENRICHMENT?

G. DOES DEFENDANTS USE UNDER RHA REIMBURSEMENT AND OR SALE OF

NEWBORN TISSUE EQUATE TO VIOLATION DEFINED BY THE NOTICE OF

DECEMBER 18, 2018 CONTINUATION OF THE NATIONAL EMERGENCY WITH

RESPECT TO SERIOUS HUMAN RIGHTS ABUSE AND CORRUPTION SHOWN AT

EXHIBITC?

H. DOES DEFENDANTS USE UNDER RHA REIMBURSEMENT AND OR SALE OF

NEWBORN TISSUE EQUATE TO VIOLATION DEFINED BY ANY CONTINUING

THIRTY-ONE (31) EMERGENCY ORDERS OF THE COMMANDER-IN-CHIEF

SHOWN AT EXHIBIT D?

I. DOES STRUNK HAVE A DIRECT UNIQUE INJURY FOR STANDING AS A PRE-

1933 "PRIVATE AMERICAN CITIZEN" TO CHALLENGE RHA AS SHOWN AT

EXHIBIT E AND EXHIBIT G THRU EXHIBIT L?

J. DOES STRUNK HAVE A DIRECT UNIQUE INJURY FOR STANDING AS A PRE-

1933 "PRIVATE AMERICAN CITIZEN" TO CHALLENGE DEFENDANTS USE OF

ILLEGAL ALIENS AS IF CITIZENS EXPLAINED AT COMPLAINT PARAGRAPHS

16 THROUGH 20?

K. DO DEFENDANTS USE OF RHA OR EQUIVALENT EXISTING LAW SINGLE

OUT ILLEGAL ALIENS TO HARVEST FETUS AND OR NEWBORN BODY PARTS

AND OR FLUIDS WITHOUT EQUAL PROTECTION OF A CITIZEN?

5
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 6 of 52

L. DOES A GOVERNOR'S USE OF RHA OR THE EQUIVALENT QUALIFY AS A

BREACH OF FIDUCIARY DUTY AS A TRUSTEE UNDER THE EMERGENCY

GOVERNMENT?

M. DO DEFENDANTS USE UNDER RHA OF NEWBORN TISSUE EQUATE TO

GENOCIDE DEFINED UNDER 18 USC § 1091 SHOWN AT EXHIBIT F?

THEREFORE, Pending answers to the foregoing preface and unique questions, Strunk

reserves the right to extend his complaint and present the findings to a jury that will afford the

Court insulation from any perception of impropriety; and accordingly, I, Christopher Earl Strunk,

state, declare and verify that the above Memorandum IN SUPPORT OF AN ORDER TO SHOW

CAUSE FOR A PRELIMINARY INJUNCTION TO RESTRAIN with Exhibits G thru Exhibit L

as supplement to the Petition with Complaint with Exhibits A thru F filed with the clerk of the

Court 14 February 2019 is true and correct to the best of my knowledge and belief, and know the

contents thereof apply to me by misapplication and administration of laws and that the same is

true to my own knowledge, except as to the matters therein stated to be alleged on information

and belief, and as to those matters I believe it to be true, am available for testimony. The grounds

of my beliefs as to all matters not stated upon information and belief are as follows: 3rd parties,

books and records, and personal knowledge under penalty ofpet.jury with 28 USC 1746.

Dated: February/ 0 2019


Brooklyn, New York
topher Earl Strunk, in esse Sui juris
in propria persona
Post Office Box 70
Corinth, New York 12822
Ph: 518-416-8743
Email: chris@privateamericancitizen.org
All Rights Reserved Without Prejudice

6
U.S. DISTRICTCOURT- N.D. OF N.Y.
1 ORIGINAL FILED
<;hristopher Earl Strunk, in esse Sui juris in propria persona
Post Office Box 70
Corinth, New York 12822
I FEB l 4 Z019 I
AT_ _ O'CLOCK._ _ _
John M. Domurad, Oerk Albany

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF NEW YORK
Civil Case No: L'JCj. C.V-20).. u}Jt-\) CFt+
X----------------------------------------------- X
In the matter of:

Christopher Earl Strunk, Individually of New Yorki


Plaintiff, Petitioner
versus

THE STATE OF NEW YORK by ANDREW M. CUOMO, Individually and as Governor;


New York Senate Majority Leader ANDREA STEWART-COUSINS; New York Assembly
Speaker CARL E. BEASTIE; THE CITY OF NEW YORK (NYC); Warren "BILL DE
BLASIO'' Wilhelm Jr., fndividually and as Mayor ofNYC; DEMOCRATIC NATIONAL
COMMITTEE (DNC) by its Chairman TOM PEREZ; U.S. DEPARTMENT OF HEALTH
AND HUMAN SERVICES (HHS); U.S. DEPARTMENT OF HOMELAND SECURITY
(DHS); PLANNED PARENTHOOD FEDERATION OF AMERICA, INC.; VOICE FOR
CHOICE: PLANNED PARENTHOOD OF NEW YORK CITY ACTION FUND, INC.
Defendants/Respondents.
x·---- - ---~~- --------- -------X
PETITION FOR A PRELIMINARY INJUNCTION with COMPLAINT to restrain, until

further order of the Court, Defendants imminent infanticide use of the Reproductive Health Act

and or reimbursement of New York Defendants as scofflaws aiding and abetting i!legal alien

residence for unjust enrichment in violation of 8 USC §1324, with 13 USC Sec. 141 /Sec. 195,

P.L. 94-171, 18 USC §611 and 2 USC §2a, 2 USC §6, 18 USC §1091 and related law as apply to

Governor Cuomo's breach of fiduciary duty under the 1933 Emergency Banking Relief Act and

Proclamation 2040 continuing thirty-one (31) emergency orders of the Commander-in-Chief.


NOW COMES  Christopher Earl Strunk, in esse Sui juris in propria persona,  a private national 

citizen of the United States of America and a New Yorker (Strunk), hereby Petitions this court 

for  a  mandamus  with  restraint  of  Respondents,  as  time  is  of  the  essence  with  imminent 

irreparable harm with no other adequate remedy at law and with a likelihood of success since 

the  22  January  2019  enactment  of  the Reproductive Health Act (RHA) commits infanticide for

unjust enrichment in New York; and hereafter, Strunk Complains of Defendantsʹ infringement 

of Plaintiffʹs fundamental rights, protected under the Constitution for the United States, that by 

the State of New Yorkʹs Public Officers malicious administration and enforcement duties  under

the 1933 Emergency Banking Relief Act and Proclamation 2040 continuing thirty-one (31)

emergency orders of the Commander-in-Chief  and  related  law  fail  to  protect  the  newborn 

chattel that safeguards the credit worthiness of the United States of America on which Plaintiff 

depends;  and  Defendants  by  conspiracy  with  State  of  New  Yorkʹs  Public  Officers  and  others 

similarly situated jointly act with the Democratic Party National Committee use of illegal aliens 

and  contrive  dependency  of  persons  to  increase their political base by using distortionary

economic policies to cause opposing groups to leave as evidenced by population loss to the

detriment of  Plaintiff(s)  among  those  citizens  similarly  situated  with  natural  and  fundamental 

rights protected against infringement by of the Fourteenth Amendment Section 1(1)   and Section 

2 (2) to the U.S. Constitution with related law. 

1
Section 1 of the Fourteenth Amendment: No state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
2
Section 2 of the Fourteenth Amendment: Representatives shall be apportioned among the several states
according to their respective numbers, counting the whole number of persons in each state , excluding Indians not
taxed. But when the right to vote at any election for the choice of electors for President and Vice President of the
United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the
legislature thereof, is denied to any of the male inhabitants of such state, being twenty-one years of age, and citizens

2
STATEMENT OF FACTS OF THE CASE

1. Based upon information and belief, The Democratic National Committee with Chairman

Tom Perez (DNC) sponsored expedited passage of the Reproductive Health Act (RHA) in New

York (full text at Footnote 3) and other states in anticipation of the death of Supreme Court

Justice Ruth Bader Ginsberg, a New Yorker, and her replacement by a constitutional originalist

who would favor personal protection of life, liberty, pursuit of happiness and to define a fetus a

person as under the 14th Amendment before being registered by birth certificate as the surety

indenture in commerce that would undermine the very profitable questionable commercial sale

of mature fetus body parts and fluids (4).

2. On Tuesday, 22 January 2019 ALBANY, N.Y. (AP report see footnote 5) — New York

state enacted one of the nation’s strongest protections for abortion rights known as the

Reproductive Health Act, a move that state leaders alleged safeguard said rights should the U.S.

Supreme Court overturn Roe v. Wade; and. the Democrat-led Senate (with New York Senate

Majority Leader Andrea Stewart-Cousins) and Assembly (with New York Assembly Speaker Carl

E. Heastie) passed the bill Tuesday, the 46th anniversary of the Roe decision; and New York's

Democratic Governor Andrew Cuomo immediately signed it into law.

3. Based upon information and belief, Planned Parenthood and its political action committee

of the United States, or in any way abridged, except for participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the
whole number of male citizens twenty-one years of age in such state.
3
https://legislation.nysenate.gov/pdf/bills/2017/S2796
4
https://www.foxnews.com/us/tissue-from-aborted-fetuses-used-to-power-oregon-homes
https://cogforlife.org/wp-content/uploads/fetalproductsall.pdf
https://lozierinstitute.org/minnesota-court-rules-in-favor-of-universitys-use-of-aborted-fetal-tissue-for-research/
https://thinkprogress.org/the-use-of-aborted-fetuses-in-medical-research-has-saved-the-lives-and-health-of-
millions-15938db46b1f/ https://www.reference.com/science/can-adrenaline-made-artificially-37ccf004c9265fa0
5
https://www.apnews.com/d9c56babf0a14593bae804e841249937

3
with the DNC have contributed to the RHA enactment and stand to unjustly benefit from the sale

of mature fetus body parts and fluids, and use crypto currency, outside the FRB system, to

launder illicit funds offshore such as in the British Indian Ocean Territory (BIOT).

4. The RHA measure replaces a 1970 state abortion law that was passed three years before

Roe legalized abortion nationwide. It codifies many abortion rights laid out in Roe and other

court rulings, including a provision permitting late-term abortions when a woman’s health is

endangered.

5. The RHA law also authorizes physician assistants to perform some abortions and moves

the section of state law dealing with abortion from the penal code to health statutes, for the RHA

text herewith at Exhibit A.

6. That Plaintiff alleges Defendants in regards to RHA are in breach of fiduciary duties

under the 1933 Emergency Banking Relief Act and Proclamation 2040 continuing thirty-one (31)

emergency orders of the Commander-in-Chief specifically as applies with the 31 July 2015

Report Fetal Tissue Research: Frequently Asked Questions R44129 by Congressional Research

Service prepared for Committees and members of Congress herewith at Exhibit B.

7. That Plaintiff alleges Defendants in regards to RHA are subject to breach of fiduciary

duty under the 1933 Emergency Banking Relief Act and Proclamation 2040 continuing thirty-

one (31) emergency orders of the Commander-in-Chief specifically as applies with Federal

Register Vol. 83, No. 243 Wednesday, December 19, 2018 Notice of December 18, 2018

Continuation of the National Emergency With Respect to Serious Human Rights Abuse and

Corruption at Exhibit C.

8. That Plaintiff alleges Defendants in regards to RHA are subject to breach of fiduciary

duty under the 1933 Emergency Banking Relief Act and Proclamation 2040 continuing thirty-

4
one (31) emergency orders of the Commander-in-Chief listed at Exhibit D without the National

Emergency Mandate issued by Donald John Trump, on 12 September 2018 Executive Order on

Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election the

need for protection of U.S. Citizen Voters at the 6 November 2018 Mid-Term General Election.

9. That Plaintiff provides in Exhibit E a copy of the joint statement by Christopher Earl:

Strunk, in esse sui juris, and Eric Jon: Phelps, in esse sui juris, from the Website titled

“PRIVATE AMERICAN CITIZEN” with the universal purpose to build and maintain an informed

cooperative association for each United States of America Constitution's 14th Amendment

Private National American Citizen, a Non-"U.S. citizen" per se, whose birth or naturalization and

residence Status as the living, natural human being, non-surety for a state or federally-created

quasi-corporate organization, is free to contract and act in commerce as the sole beneficiary of

his or her Estate Trust that applies after Senators Frank Church and Charles Mathias on 19

November 1973 issued Senate Report 93-549 on EMERGENCY POWERS STATUTES:

PROVISIONS OF FEDERAL LAW Now IN EFFECT DELEGATING TO THE EXECUTIVE

EXTRAORDINARY AUTHORITY IN TIME OF NATIONAL EMERGENCY (6).

10. That Plaintiff alleges Defendants acts are involved with Genocide in regards to RHA as

applies herewith at Exhibit F TITLE 18—CRIMES AND CRIMINAL PROCEDURE

CHAPTER 50A—GENOCIDE in regards to Section 1091 of Title 18, United States Code,

prohibits genocide whether committed in time of peace or time of war. Genocide is defined in

§ 1091 and includes violent attacks with the specific intent to destroy, in whole or in part, a

national, ethnic, racial, or religious group. There is Federal jurisdiction if the offense is

committed within the United States. There is also Federal extraterritorial jurisdiction when the

6
https://en.wikipedia.org/wiki/Report_of_the_Special_Committee_on_the_Termination_of_the_National_Emergenc
y#/media/File:Cover_93-549.png

5
offender is a national of the United States.

11. Following the 22 January 2019 RHA enactment, on 5 February 2019, President Donald J.

Trump presented his State of the Union address (full transcript at Footnote 7), during which

condemning the New York legislation enacted by Governor Cuomo on January 22, 2019 thereby

allows “a baby to be ripped from the mother’s womb.” and that Mr. Trump accused New York

of authorizing the infanticide execution of “a baby after birth.” And he asked Congress for a 20-

week abortion ban legislation, and as the chief law enforcement officer urged Congress:

"To defend the dignity of every person,” Trump said, “I ask Congress to pass legislation
to prohibit the late-term abortion of children who can feel pain in the mother's womb.”

12. Also at Tuesday’s State of the Union address, President Trump declared that: "America

Will Never Be A Socialist Country"; "We Were Born Free And We Will Stay Free".

13. That New York Defendants illegal aiding and abetting in sanctuary for the ongoing

illegal alien invasion is part of a racketeering scheme run by a well defined DNC and Republican

In Name Only (RINO) enterprise (Averill Harriman Democrat / Nelson Rockefeller Republican)

uni-party that is properly characterized as a Corporate State Socialism or fascist corporatism as

originally coined by Benito Mussolini and that should be part of a future RICO Statement

herein, and in that Defendants use of RHA inter alia stand to unjustly benefit from use of illegal

aliens; and RHA enhances maturation of newborns for sale of body parts and fetal / infant fluids

and due to the fact that illegal aliens neither are here with a registered birth certificate as the

surety indenture in commerce that would undermine the very profitable commercial sale of

mature fetus body parts and fluids in violation of the Executive order shown at Exhibit C.

14. That Nine other states including California, Washington and Oregon have already put

7
https://www.usnews.com/news/politics/articles/2019-02-05/state-of-the-union-2019-read-the-transcript-of-donald-
trumps-speech

6
protections for abortion rights in their state statute, giving them a legal backstop should Roe be

overturned, and other states move to enact its own equivalent to the RHA and or the Whole

Woman's Health Act of Virginia enactment where notwithstanding if Congress settles the issue

nationally as requested by President Trump; and

15. That South Carolina lawmakers have introduced legislation that seeks to criminalize

abortion and make women and their doctors subject to felony charges if they receive or perform

the procedure; and their efforts mark the latest state-level push to restrict access to abortion as

politicians across the country prepare for a potential overturn of Roe v. Wade by the U.S.

Supreme Court and Senator Richard Cash and state Representative Josiah Magnuson separately

introduced "personhood" legislation to South Carolina's legislature this session. The House

bill specifically seeks to "establish that the right to life for each born and preborn human being

vests at fertilization." By defining the beginning of life at fertilization, the proposals would

effectively prohibit abortion, granting that the unborn can't be "deprived of life without due

process of law nor denied the equal protection of the laws." The Senate bill language matches.

16. Generally accepted estimates put the population of undocumented illegal aliens in the

United States at approximately 11.3 million. A new study, using mathematical modeling on a

range of demographic and immigration operations data, suggests that the actual undocumented

immigrant population may be more than 22 million; Source Yale University see (8)

17. When factoring in the presence of between 11.3 to 22 million illegal aliens / non US

Citizens out from the 2010 Census that reported 308.7 million people in the United States, a 9.7

percent increase from the Census 2000 population of say 281.4 million, that total divided by 435

house members averages 709,655 per congressional district size or 659,080 citizens each with

8
https://insights.som.yale.edu/insights/yale-study-finds-twice-as-many-undocumented-immigrants-as-previous-
estimates.

7
the exception that every state must have at least one house member. Source US Census of 2010;

18. As of September 2018 the United States of America gold Holding is 8965 metric tons @

32150.7 troy ounces per metric ton equals 288231025.5 troy ounces, and when divided by the

2010 Census that reported 308.7 million total people in the United States minus 22 million illegal

aliens non US Citizens totals 286.7 million equals 1.0053 troy ounces per each private pre 1933

Citizen of the United States of America in FRB Note that according to Jim Rickarts of the CIA

should be currently worth say $10,000 FRN for each 30 year Gold ounce US Treasury Bond.

19. On February 5, 2019 WASHINGTON – Secretary of Homeland Security Kirstjen M.

Nielsen released the following statement on the State of the Union:

“Border security is not, and should not be, a partisan issue. President Trump clearly laid
out the need for new Federal funding and serious reforms to our outdated laws in order to
fully secure our southern border. Make no mistake, there is a humanitarian and security
crisis at our border that will continue to worsen if Congress fails to act. We have all seen
the horrors of human smuggling, drug trafficking, and the violence carried out by cartels
and other transnational criminal organizations. DHS frontline personnel have made it
clear what they need from Congress to end the crisis and fully secure the border. It is time
Congress recognizes the facts on the ground and takes this problem seriously.”

20. That the underlying Natural Law used in conjunction with proof of injury herein is:

a. The Curley Effect is a paper by Harvard economists Andrei Shleifer and Edward

Glaeser, 'The Curley Effect: The Economics of Shaping the Electorate', describes the

strategy used by Boston's Mayor Curley and other leaders of increasing their political

base by using distortionary economic policies to cause opposing groups to leave (9)

b. The Pareto Distribution, named after the Italian civil engineer, economist, and

sociologist Vilfredo Pareto, is a power-law probability distribution that is used in

description of social, scientific, geophysical, actuarial, and many other types of

observable phenomena. Originally applied to describing the distribution of wealth in a

9
https://scholar.harvard.edu/files/glaeser/files/curley_effect_1.pdf

8
society, fitting the trend that a large portion of wealth is held by a small fraction of

the population, the Pareto distribution has colloquially become known and referred to

as the Pareto principle, or "80-20 rule", and is sometimes called the "Matthew

principle". This rule states that, for example, 80% of the wealth of a society is held by

20% of its population. However, the Pareto distribution only produces this result for a

particular power value, α (α = log45 ≈ 1.16). While is variable, empirical observation

has found the 80-20 distribution to fit a wide range of cases, including natural

phenomena and human activities. Eg. 20% of persons of higher IQ in a system

produce 80% of the product, while 80% with lower IQ produce 20% of the

product.(10)

c. Price's Law or Price's model (named after the physicist Derek J. de Solla Price) is a

mathematical model for the growth of citation networks. It was the first model which

generalized the Simon model to be used for networks, especially for growing

networks. Application of the inverse square ie. the work product of the square root of

any network of individuals system is 50% of the production, eg. the square root of

say 100 or 10 persons produce 50% of the product with the remaining 90 persons that

produce the remaining 50% of the product of the system. Price's model belongs to the

broader class of network growing models (together with the highly

influential Barabási–Albert model) whose primary target is to explain the origination

of networks with strongly skewed degree distributions. The model picked up the ideas

of the Simon model reflecting the concept of rich get richer, also known as

the Matthew effect. Price took the example of a network of citations between

10
https://en.wikipedia.org/wiki/Pareto_distribution

9
scientific papers and expressed its properties. His idea was that the way how an old

vertex (existing paper) gets new edges (new citations) should be proportional to the

number of existing edges (existing citations) the vertex already has. This was referred

to as cumulative advantage, now also known as preferential attachment. Price's work

is also significant in providing the first known example of a scale-free network

(although it was named later) (11). His ideas were used to describe many real-world

networks such as the Web; and inversely the scaled Facebook network designer is

unable to provide the source code proof resulted in a Miller Act Notice Claim (12).

21. That Defendants use of Facebook is a fraudulent inducement inter alia associated with

RHA and Defendants do so without a proper warrant by Mark Zuckerberg as to the authenticity

of Facebook source code.

22. That the addition of Fluoride to the centralized potable water supply by New York

Defendants diminishes user Intelligence Quotient and by lowering resident IQ renders residents

increasingly dependent upon Defendants as Fluoride poses a health and safety risk to residents

of New York and elsewhere.

23. That New York Defendants permissive use of Microwave communications 4G / 5G

poses a health and safety risk to residents of New York in that the electromagnetic frequencies in

our body coexist in a complex manner and interact with each other nonstop. Interferences with

external electromagnetic fields, like mobile phones, Wi-Fi routers, etc., create fatigue, sleep
(13)
problems and imbalance to the body ; and that Microwave communications 4G / 5G is done

11
https://en.wikipedia.org/wiki/Price%27s_model
12
https://www.fbcoverup.com/docs/library/2017-07-23-MILLER-ACT-NOTICE-TO-US-EXECUTIVE-served-via-
USPS-Express-Mail-Jul-23-2017.pdf
13
https://www.americansforresponsibletech.org

10
needlessly in that safe use on a smaller scale would not enhance New York Defendants preferred

control over residents to create dependency or to force opponents to leave.

24. There is no justification for this massive wireless densification. The build-out of millions

of new wireless antennas is not necessary for coverage or public safety. It will not improve

emergency responsiveness, or magically close the "digital divide." This is not a public service or

a vital utility other than New York Defendants preferred control over residents to create

dependency or to force opponents to leave.

25. New York Defendant benefit from the primary purpose of 4G/5G densification is simply

profit. As it will allow telecoms to compete with cable companies by selling wireless video

subscriptions that deliver television without having to invest the money to lay cable. Billions

in profits will result from charging consumers to watch movies, play online games and surf the

internet, and by mining and marketing the resulting customer data.

26. New York Defendant ignore the fact that the build-out of new wireless networks will

exacerbate existing energy and safety problems; and are permissive despite according to the

Institute of Electrical and Electronics Engineers (IEEE), wireless infrastructure consumes at least

ten times as much energy as wired technologies. A massive build-out of 5G will significantly

increase demand for power, resulting in greater greenhouse gas emissions and pollution.

27. New York Defendants propose legislation that guts democratic norms, local control and

sources of revenue. Americans elect local leaders to represent their interests and respond to their

needs, including a clean and healthy environment and the unique aesthetic of their community.

Telecom-sponsored national legislation that takes away local control over the deployment of

4G/5G equipment violates basic democratic norms but do enhance New York Defendants

preferred control over residents to create dependency or to force opponents to leave.

11
28. Defendant D'Blasio / NYC recent declaration that all property belongs to NYC and

residents are just leasing it, has interfered with Public rights-of-way impediments on public

property evidenced by congestion pricing and targeted revenue enhancement schemes to enhance

New York Defendants preferred control over residents to create dependency or to force

opponents to leave.

29. Defendant D'Blasio / NYC have decide to target enhanced revenue by springing arbitrary

awning fees and penalties that has caused great turmoil in certain business communities driving

up vacancy rates and in just a few weeks afterward enacted a landlord vacancy tax on empty

stores created by targeted revenue enhancement schemes because New York Defendants

preferred control over residents to create dependency or to force opponents to leave. .

30. New York Defendants efforts to protect public health and safety are inadequate and

outdated, and Published science proves harmful health effects from exposure to RF microwave

radiation; studies show a wide range of biological effects at levels far below current FCC

exposure guidelines. RF microwave radiation affects everyone, and with 4G/5G installations in

every neighborhood, Americans will not be able to escape continuous, involuntary exposures in

their own homes. The unborn child, small children, the elderly, and people with chronic

illnesses, microwave sickness, or compromised immune systems are particularly vulnerable.

In that regard Telecoms admit they do not know if their wireless technology is safe, and warn

that their revenues could be negatively impacted by health claims. Insurance companies will not

insure telecoms against liability for exposure-related health claims or other damages; taxpayers

may be forced to bail out telecoms in future class-action lawsuits - why? New York Defendants

preferred control over residents to create dependency or to force opponents to leave.

31. That New York Defendants have flooded towns and cities by releasing inmates of

12
psychiatric facilities to create dependency or to force opponents to leave.

32. That New York Defendants have flooded towns and cities by releasing inmates of

criminal detention facilities to create dependency or to force opponents to leave.

33. As a result of New York Defendants questionable policies and actions to create

dependency or to force opponents to leave in New York has significantly lost population

including 2 House seats from the electoral college and the DNC merely wants to eliminate the

electoral college rather than change the questionable policies and actions to create dependency or

to force opponents to leave.

34. As a result of New York Defendants questionable policies and actions to create

dependency or to force opponents to leave in New York has significantly lost $2.3 billion in

revenue since October and in response New York Defendant and the DNC merely wants to

receive a greater Federal subsidy rather than change the questionable policies and actions to

create dependency or to force opponents to leave.

35. Just last week New York Defendants suffered a tremendous job loss by the refusal

of Amazon to situate in NYC, and in response New York Defendants rather than change the

questionable policies and actions to create dependency or to force opponents to leave instead

enacted RHA to enhance revenue with use of illegal aliens and newborns.

JURISDICTION:

36. 28 USC §1343. Civil rights (in which 42 USC §1983, §1985, §1986, §1988 and

related law apply) and elective franchise; and subsection (b) as to district courts original

jurisdiction of any civil action authorized by law to be commenced by any person: (1) To recover

damages for injury to Plaintiff(s) person or vote property, and because of the deprivation of any

right or privilege of a citizen of the United States, by act done by Defendants in furtherance of

13
any conspiracy mentioned in section 1985 of USC Title 42 with Defendants malicious

administration and enforcement of the Election Code (Law) and as applies with USC Title 3 and

with Defendants facilitation of illegal alien as if voters; (2) To recover damages from Defendants

who failed to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42

which he/she had knowledge were about to occur and power to prevent; (3) To redress the

deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any

right, privilege or immunity secured by the Constitution of the United States or by any Act of

Congress providing for equal rights of citizens or of all persons within the jurisdiction of the

United States; (4) To recover damages or to secure equitable or other relief under any Act of

Congress providing for the protection of civil rights, including the right to vote; and remedy with

28 USC §1651, 28 USC §2201 / §2202.

VENUE:

37. 28 USC §1391. Venue applies with subsection (a) Applicability of Section.—

Except as otherwise provided by law— (1) this section shall govern the venue of all civil actions

brought in district courts of the United States; and (2) the proper venue for a civil action shall be

determined without regard to whether the action is local or transitory in nature; and subsection

(b) Venue in General.—A civil action is brought in ... (2) a judicial district in which a substantial

part of the events or omissions giving rise to the claim occurred,...is situated; (c) Residency.—

For all venue purposes—(1) a natural person, including an alien lawfully admitted for permanent

residence in the United States, shall be deemed to reside in the judicial district in which that

person is domiciled; and (e) Actions Where Defendant Is Officer or Employee of the United

States.—(1) In general.—A civil action in which a defendant is an officer or employee of the

United States or any agency thereof acting in his official capacity or under color of legal

14
authority, or an agency of the United States, or the United States, may, except as otherwise

provided by law, be brought in any judicial district in which (C) the plaintiff resides if no real

property is involved.

PARTIES:

38. Petitioner / Plaintiff, Christopher Earl Strunk, in propria persona, with place for

service at Post Office Box 70 Corinth New York 12822

 is a natural person resident of New York  in esse Sui juris the 

sole beneficiary agent of the public U.S. Citizen CHRISTOPHER EARL STRUNK entity person 

domiciled and registered to vote in the State of New York county of Warren, and Strunk is:

a. a  Amendment XIV Section 1.  private ʺpre 1933ʺ  national  citizen  born  in  the United 

States,  ʺNon  U.S.  Citizenʺ,  whose  Status  is  duly  registered  with  the  United  States 

Secretary of the Treasury, subject to the jurisdiction of New York where he resides;  

b. Strunk contends that no state shall make or enforce any law which shall abridge the 

privileges  or  immunities  of  a  person  and  or  citizen  within  its  jurisdiction  in  the 

United States;  

c. Strunk contends with all rights reserved without prejudice, nor shall any state: 

i. deprive any person of life, liberty, or property, without due process of law;  

ii. deny to any person within its jurisdiction the equal protection of the laws. 

d. Strunk  petitions  this  court  in  good  faith  with  clean  hands  here  in  New  York  in 

conformance with specifics of his resume, public commendation  and participation;  

15
e. Strunk was the Plaintiff in  the Strunk  v.  US  House  of  Representatives  et.al.  02‐6159  2nd 

Cir,    99‐cv‐2168  EDNY  challenge  to  2  USC  §2a  capping  of  U.S.  House  by  the  2000 

decennial census using illegal aliens without the question are you a US Citizen(?). 

NEW YORK DEFENDANTS 

39. Respondent  /Defendant,  THE  STATE  OF  NEW  YORK  with    service  upon  the 

Governor

40. Respondent /Defendant, ANDREW M. CUOMO, Individually and as Governor; 

Governor of New York State NYS State Capitol Building Albany, NY 12224 Ph.:  1‐518‐474‐8390 

Office hours: 9:00am to 5:00pm.

a. Prior to his election as Governor, Andrew Cuomo served four years as New York’s 

Attorney General.  

b. In 1997, Cuomo was appointed by President Clinton to serve as Secretary of Housing 

and Urban Development (HUD), believed to be an association member of the Senior 

Executive  Service,  was  solely  responsible  to  create  an  additional  8%  of  non 

performing  United  States  backed  mortgages  to  aid  and  abet  the  theft  of  the 

Commercial banking Special Trust Fund Accounts securing United States debt bonds 

and securities that were safeguarded when separated in 1933 by the Glass Steagall Act 

firewall  from  Investment  banking  Exchange  Stabilization  Fund  risky  speculation  that 

with  enactment  of  the  Gramm  Leach  Bliley  Act  of  1999  were  comingled  to  have  the 

enumerated US populace as surety for derivatives inter alia mortgage default swaps; 

c. Cuomo graduated from Fordham University in 1979 and Albany Law School in 1982. 

16
d. Has  duties  enumerated  in  the  US  Constitution,  3  USC  §1  thru  §21,  13  USC 

Sec. 141 /Sec. 195, P.L 94‐171, 8 USC §1324 and 2 USC §2a with related law. 

41. Respondent  /Defendant,  the New York Senate Majority Leader ANDREA

STEWART-COUSINS at Albany Office 188 State Street Room 907, Legislative Office

Building Albany, NY 12247 Phone: (518) 455-2585 Fax: (518) 426-6811;

42. Respondent  /Defendant,  New York Assembly Speaker CARL E. HEASTIE at

1446 East Gun Hill Road Bronx, NY 10469 718-654-6539 / Fax:718-654-5836.;

43. Respondent  /Defendant,  THE CITY OF NEW YORK (NYC),  a  municipal 

corporation  represented by the Corporation Counsel at 100 Church Street New York New York 

10007;

44. Respondent  /Defendant,  Warren "BILL DE BLASIO" Wilhelm Jr.,

Individually and as the Mayor of NYC located for service at Mayor Bill de Blasio City Hall New 

York, NY 10007  PHONE  212‐NEW‐YORK outside  NYC,  with  duties  enumerated  in  the  US 

Constitution, 3 USC §1 thru §21, 13 USC Sec. 141 /Sec. 195, P.L 94‐171, 8 USC §1324 and 

2 USC §2a with related law;

FEDERAL DEFENDANTS

45. Respondent /Defendant, U.S. DEPARTMENT OF HEALTH AND HUMAN

SERVICES (HHS) with Secretary Alex M. Azar II , Hubert H. Humphrey Building 200

Independence Avenue, S.W. Washington, D.C. 20201

46. Respondent /Defendant,  U.S. DEPARTMENT OF HOMELAND SECURITY

(DHS) with Secretary of Homeland Security Kirstjen M. Nielson; 245 Murray Lane SW

Washington, DC 20528-0075

17
OTHER DEFENDANTS

47. Respondent /Defendant,  DEMOCRATIC NATIONAL COMMITTEE at 430

South Capitol Street Southeast Washington, DC 20003, with Chairman TOM PEREZ;

48. Respondent  /Defendant,  PLANNED PARENTHOOD FEDERATION OF

AMERICA, INC. with Headquarters at 123 William Street 10th Floor New York New York

10038, a New York corporation registered 501(c)(3) nonprofit under EIN 13-1644147 and

49. Respondent /Defendant, PLANNED PARENTHOOD OF NEW YORK CITY

ACTION FUND I a.k.a. VOICE FOR CHOICE: PLANNED PARENTHOOD OF NEW YORK

CITY ACTION FUND, INC. with Headquarters at 26 BLEECKER STREET NEW YORK,

NEW YORK, 10012 a 501(c)(4) organization founded in 1992.  

50. That based upon the foregoing facts and parties among those similarly situated, 

Plaintiff complains of infringement harm to his natural and fundamental rights with time as the 

essence  with  imminent  irreparable  damage  without  another  forum  to  seek  relief  or  remedy 

from each individual Respondent / Defendant act(s) of non / mis / malfeasance in omission and 

or  commission  of  public  administration  and  enforcement  duty  under  color  of  law  or  code 

whereby the Defendant(s) knew or should have known  of infringement as for seven causes of 

action  in conspiracy with other Respondents/Defendants as follows:

AS AND FOR THE FIRST CAUSE OF ACTION NEW YORK AND OTHER
DEFENDANTS CONSPIRE TO COMMIT INFANTICIDE

51. Plaintiff reasserts each preceding allegations and paragraphs 1 thru 50 as if set

forth fully herein as apply by specific reference to the New York and Other Defendants conspire

to commit infanticide under color of RHA

18
52. That a fetus able to live separately from the mother although premature at birth

and is capable of maturing in an incubator, is a person defined under 14th Amendment Section 1;

53. the New York and Other Defendants act(s) of non / mis / malfeasance in omission

and or commission of public administration and enforcement duty under RHA color of law or 

code to safeguard a person at birth whereby the Defendant(s) knew or should have known  of 

infringement of such person and Plaintiff next best friend good Samaritanʹs right(s) by denial of 

substantive due process among citizens similarly situated.

AS  AND FOR THE SECOND CAUSE OF ACTION NEW YORK AND OTHER 
DEFENDANTS CONSPIRACY TO COMMIT INFANTICIDE WOULD SEEK UNJUST 
REIMBURSEMENT FROM FEDERAL DEFENDANTS 
 
54. Plaintiff  reasserts  each  preceding  allegations  and  paragraphs  1  thru  53  as  if  set 

forth  fully  herein  as  apply  by  specific  reference  to  the  New  York  and  Other  Defendants 

Conspiracy  To  Commit  Infanticide  Would  Seek  Unjust  Reimbursement  From  Federal 

Defendants

55. That New York Defendants act(s) of non / mis / malfeasance in omission and or 

commission of public administration and enforcement duty under color of law or code whereby 

the  Defendant(s)  knew  or  should  have  known    of  infringement  to  deny  citizen  Plaintiff  equal 

protection among those citizens similarly situated.

AS AND FOR THE THIRD CAUSE OF ACTION FOR

DEFENDANTS CONSPIRACY TO DENY EQUAL PROTECTION

56. Plaintiff  reasserts  each  preceding  allegations  and  paragraphs  1  thru  55  as  if  set 

forth fully herein as apply by specific reference to the New York Defendants.

19
57. That New York Defendants act(s) of non I mis I malfeasance in omission and or

commission of public administration and enforcement duty under color oflaw .o r code whereby

the Defendant(s) knew or should have known of infringement conspiracy (defined by 42 USC

1985 and 42 USC 1986) to deny citizen Plaintiff equal protection among those similarly situated.

58. That 42 U.S.C. Section 1985 (3) applies herein: in that New York and Other

Defendants act with non-citizens before in violation of 8 USC §1324 (Harboring of aliens)

facilitated 18 USC §611 (aliens illegally voting) and 18 USC §1091 for the purpose of depriving,

either directly or indirectly, any citizen person or citizen class and or citizen persons of the

equal protection of the laws, or of equal privileges and immunities under the laws; and

WHEREFORE Petitioner I Plaintiff demands the Court order a:

A. Prohibitory restraining order of Defendants to cease and desist from acting under color ofthe

RHA or similar directive ~

B. Such other and different relief as the court judges necessary for justice herein

Accordingly, I, Christopher Earl Strunk, state, declare and verify that the above Petition with
Complaint is true and correct to the best of my knowledge and belief, and know the contents
thereof apply to me by misapplication and administration of laws and that the same is true to my
own knowledge, except as to the matters therein stated to be alteged on information and belief,
and as to those matters I believe it to be true, am available for testimony_ The grounds of my
beliefs as to all matters not stated upon information and belief are as follows: 3rd parties, books
and records, and personal knowledge under penal ofpeijury with 28 USC 1746.

Dated: Febntary ~ 2019


f
Lake Luzerne New York
Christopher Earl Strunk, in propria persona
Post Office Box 70 Corinth, New York 12822

All Rights Reserved Without Prejudice

20
UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF NEW YORK 
Civil Case  
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x 
In the matter of:  
 
Christopher Earl Strunk, Individually of New York; 
                       Plaintiff, Petitioner 
versus 
 
THE STATE OF NEW YORK by ANDREW M. CUOMO, Individually and as Governor;
etal.
                                Defendants/Respondents. 
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x 

PETITION FOR A PRELIMINARY INJUNCTION with COMPLAINT to restrain until

further order of the Court, Defendants imminent infanticide use of the Reproductive Health Act

and or reimbursement of New York Defendants as scofflaws aiding and abetting illegal alien

residence for unjust enrichment in violation of 8 USC §1324, with 13 USC Sec. 141 /Sec. 195,

P.L. 94-171, 18 USC §611 and 2 USC §2a, 2 USC §6, 18 USC §1091 and related law as apply to

Governor Cuomo's breach of fiduciary duty under the 1933 Emergency Banking Relief Act and

Proclamation 2040 continuing thirty-one (31) emergency orders of the Commander-in-Chief.

EXHIBIT "A"
S T A T E O F N E W Y O R K
________________________________________________________________________

2796

2017-2018 Regular Sessions

I N S E N A T E

January 17, 2017


___________

Introduced by Sens. KRUEGER, STEWART-COUSINS, BRESLIN, COMRIE, DILAN,


GIANARIS, HOYLMAN, KAMINSKY, LATIMER, MONTGOMERY, PARKER, PERALTA,
PERSAUD, RIVERA, SERRANO, SQUADRON, STAVISKY -- read twice and ordered
printed, and when printed to be committed to the Committee on Health

AN ACT to amend the public health law, in relation to enacting the


reproductive health act and revising existing provisions of law
regarding abortion; to amend the penal law, the criminal procedure
law, the county law and the judiciary law, in relation to abortion; to
repeal certain provisions of the public health law relating to
abortion; to repeal certain provisions of the education law relating
to the sale of contraceptives; and to repeal certain provisions of the
penal law relating to abortion

THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

1 Section 1. Legislative intent. The legislature finds that comprehen-


2 sive reproductive health care, including contraception and abortion, is
3 a fundamental component of a woman's health, privacy and equality. The
4 New York Constitution and United States Constitution protect a woman's
5 fundamental right to access safe, legal abortion, courts have repeatedly
6 reaffirmed this right and further emphasized that states may not place
7 undue burdens on women seeking to access such right.
8 Moreover, the legislature finds, as with other medical procedures, the
9 safety of abortion is furthered by evidence-based practices developed
10 and supported by medical professionals; any regulation of medical care
11 must have a legitimate purpose. Abortion is one of the safest medical
12 procedures performed in the United States; the goal of medical regu-
13 lation should be to improve the quality and availability of health care
14 services.
15 Furthermore, the legislature declares that it is the public policy of
16 New York State that every individual possesses a fundamental right of
17 privacy and equality with respect to their personal reproductive deci-

EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets


[ ] is old law to be omitted.
LBD08240-03-7
S. 2796 2

1 sions and should be able to safely effectuate those decisions, including


2 by seeking and obtaining abortion care, free from discrimination in the
3 provision of health care.
4 Therefore, it is the intent of the legislature to prevent the enforce-
5 ment of laws or regulations that are not in furtherance of a legitimate
6 state interest in protecting a woman's health that burden abortion
7 access.
8 § 2. The public health law is amended by adding a new article 25-A to
9 read as follows:
10 ARTICLE 25-A
11 REPRODUCTIVE HEALTH ACT
12 SECTION 2599-AA. ABORTION.
13 § 2599-AA. ABORTION. 1. A HEALTH CARE PRACTITIONER LICENSED, CERTI-
14 FIED, OR AUTHORIZED UNDER TITLE EIGHT OF THE EDUCATION LAW, ACTING WITH-
15 IN HIS OR HER LAWFUL SCOPE OF PRACTICE, MAY PERFORM AN ABORTION WHEN,
16 ACCORDING TO THE PRACTITIONER'S REASONABLE AND GOOD FAITH PROFESSIONAL
17 JUDGMENT BASED ON THE FACTS OF THE PATIENT'S CASE: THE PATIENT IS WITHIN
18 TWENTY-FOUR WEEKS FROM THE COMMENCEMENT OF PREGNANCY, OR THERE IS AN
19 ABSENCE OF FETAL VIABILITY, OR THE ABORTION IS NECESSARY TO PROTECT THE
20 PATIENT'S LIFE OR HEALTH.
21 2. THIS ARTICLE SHALL BE CONSTRUED AND APPLIED CONSISTENT WITH AND
22 SUBJECT TO APPLICABLE LAWS AND APPLICABLE AND AUTHORIZED REGULATIONS
23 GOVERNING HEALTH CARE PROCEDURES.
24 § 3. Section 4164 of the public health law is REPEALED.
25 § 4. Subdivision 8 of section 6811 of the education law is REPEALED.
26 § 5. Sections 125.40, 125.45, 125.50, 125.55 and 125.60 of the penal
27 law are REPEALED, and the article heading of article 125 of the penal
28 law is amended to read as follows:
29 HOMICIDE[, ABORTION] AND RELATED OFFENSES
30 § 6. Section 125.00 of the penal law is amended to read as follows:
31 § 125.00 Homicide defined.
32 Homicide means conduct which causes the death of a person [or an
33 unborn child with which a female has been pregnant for more than twen-
34 ty-four weeks] under circumstances constituting murder, manslaughter in
35 the first degree, manslaughter in the second degree, OR criminally
36 negligent homicide[, abortion in the first degree or self-abortion in
37 the first degree].
38 § 7. The section heading, opening paragraph and subdivision 1 of
39 section 125.05 of the penal law are amended to read as follows:
40 Homicide[, abortion] and related offenses; [definitions of terms]
41 DEFINITION.
42 The following [definitions are] DEFINITION IS applicable to this arti-
43 cle:
44 [1.] "Person," when referring to the victim of a homicide, means a
45 human being who has been born and is alive.
46 § 7-a. Subdivisions 2 and 3 of section 125.05 of the penal law are
47 REPEALED.
48 § 8. Subdivision 2 of section 125.15 of the penal law is REPEALED.
49 § 9. Subdivision 3 of section 125.20 of the penal law is REPEALED.
50 § 10. Paragraph (b) of subdivision 8 of section 700.05 of the criminal
51 procedure law, as amended by chapter 368 of the laws of 2015, is amended
52 to read as follows:
53 (b) Any of the following felonies: assault in the second degree as
54 defined in section 120.05 of the penal law, assault in the first degree
55 as defined in section 120.10 of the penal law, reckless endangerment in
56 the first degree as defined in section 120.25 of the penal law, promot-
S. 2796 3

1 ing a suicide attempt as defined in section 120.30 of the penal law,


2 strangulation in the second degree as defined in section 121.12 of the
3 penal law, strangulation in the first degree as defined in section
4 121.13 of the penal law, criminally negligent homicide as defined in
5 section 125.10 of the penal law, manslaughter in the second degree as
6 defined in section 125.15 of the penal law, manslaughter in the first
7 degree as defined in section 125.20 of the penal law, murder in the
8 second degree as defined in section 125.25 of the penal law, murder in
9 the first degree as defined in section 125.27 of the penal law,
10 [abortion in the second degree as defined in section 125.40 of the penal
11 law, abortion in the first degree as defined in section 125.45 of the
12 penal law,] rape in the third degree as defined in section 130.25 of the
13 penal law, rape in the second degree as defined in section 130.30 of the
14 penal law, rape in the first degree as defined in section 130.35 of the
15 penal law, criminal sexual act in the third degree as defined in section
16 130.40 of the penal law, criminal sexual act in the second degree as
17 defined in section 130.45 of the penal law, criminal sexual act in the
18 first degree as defined in section 130.50 of the penal law, sexual abuse
19 in the first degree as defined in section 130.65 of the penal law,
20 unlawful imprisonment in the first degree as defined in section 135.10
21 of the penal law, kidnapping in the second degree as defined in section
22 135.20 of the penal law, kidnapping in the first degree as defined in
23 section 135.25 of the penal law, labor trafficking as defined in section
24 135.35 of the penal law, aggravated labor trafficking as defined in
25 section 135.37 of the penal law, custodial interference in the first
26 degree as defined in section 135.50 of the penal law, coercion in the
27 first degree as defined in section 135.65 of the penal law, criminal
28 trespass in the first degree as defined in section 140.17 of the penal
29 law, burglary in the third degree as defined in section 140.20 of the
30 penal law, burglary in the second degree as defined in section 140.25 of
31 the penal law, burglary in the first degree as defined in section 140.30
32 of the penal law, criminal mischief in the third degree as defined in
33 section 145.05 of the penal law, criminal mischief in the second degree
34 as defined in section 145.10 of the penal law, criminal mischief in the
35 first degree as defined in section 145.12 of the penal law, criminal
36 tampering in the first degree as defined in section 145.20 of the penal
37 law, arson in the fourth degree as defined in section 150.05 of the
38 penal law, arson in the third degree as defined in section 150.10 of the
39 penal law, arson in the second degree as defined in section 150.15 of
40 the penal law, arson in the first degree as defined in section 150.20 of
41 the penal law, grand larceny in the fourth degree as defined in section
42 155.30 of the penal law, grand larceny in the third degree as defined in
43 section 155.35 of the penal law, grand larceny in the second degree as
44 defined in section 155.40 of the penal law, grand larceny in the first
45 degree as defined in section 155.42 of the penal law, health care fraud
46 in the fourth degree as defined in section 177.10 of the penal law,
47 health care fraud in the third degree as defined in section 177.15 of
48 the penal law, health care fraud in the second degree as defined in
49 section 177.20 of the penal law, health care fraud in the first degree
50 as defined in section 177.25 of the penal law, robbery in the third
51 degree as defined in section 160.05 of the penal law, robbery in the
52 second degree as defined in section 160.10 of the penal law, robbery in
53 the first degree as defined in section 160.15 of the penal law, unlawful
54 use of secret scientific material as defined in section 165.07 of the
55 penal law, criminal possession of stolen property in the fourth degree
56 as defined in section 165.45 of the penal law, criminal possession of
S. 2796 4

1 stolen property in the third degree as defined in section 165.50 of the


2 penal law, criminal possession of stolen property in the second degree
3 as defined by section 165.52 of the penal law, criminal possession of
4 stolen property in the first degree as defined by section 165.54 of the
5 penal law, trademark counterfeiting in the second degree as defined in
6 section 165.72 of the penal law, trademark counterfeiting in the first
7 degree as defined in section 165.73 of the penal law, forgery in the
8 second degree as defined in section 170.10 of the penal law, forgery in
9 the first degree as defined in section 170.15 of the penal law, criminal
10 possession of a forged instrument in the second degree as defined in
11 section 170.25 of the penal law, criminal possession of a forged instru-
12 ment in the first degree as defined in section 170.30 of the penal law,
13 criminal possession of forgery devices as defined in section 170.40 of
14 the penal law, falsifying business records in the first degree as
15 defined in section 175.10 of the penal law, tampering with public
16 records in the first degree as defined in section 175.25 of the penal
17 law, offering a false instrument for filing in the first degree as
18 defined in section 175.35 of the penal law, issuing a false certificate
19 as defined in section 175.40 of the penal law, criminal diversion of
20 prescription medications and prescriptions in the second degree as
21 defined in section 178.20 of the penal law, criminal diversion of
22 prescription medications and prescriptions in the first degree as
23 defined in section 178.25 of the penal law, residential mortgage fraud
24 in the fourth degree as defined in section 187.10 of the penal law,
25 residential mortgage fraud in the third degree as defined in section
26 187.15 of the penal law, residential mortgage fraud in the second degree
27 as defined in section 187.20 of the penal law, residential mortgage
28 fraud in the first degree as defined in section 187.25 of the penal law,
29 escape in the second degree as defined in section 205.10 of the penal
30 law, escape in the first degree as defined in section 205.15 of the
31 penal law, absconding from temporary release in the first degree as
32 defined in section 205.17 of the penal law, promoting prison contraband
33 in the first degree as defined in section 205.25 of the penal law,
34 hindering prosecution in the second degree as defined in section 205.60
35 of the penal law, hindering prosecution in the first degree as defined
36 in section 205.65 of the penal law, sex trafficking as defined in
37 section 230.34 of the penal law, criminal possession of a weapon in the
38 third degree as defined in subdivisions two, three and five of section
39 265.02 of the penal law, criminal possession of a weapon in the second
40 degree as defined in section 265.03 of the penal law, criminal
41 possession of a weapon in the first degree as defined in section 265.04
42 of the penal law, manufacture, transport, disposition and defacement of
43 weapons and dangerous instruments and appliances defined as felonies in
44 subdivisions one, two, and three of section 265.10 of the penal law,
45 sections 265.11, 265.12 and 265.13 of the penal law, or prohibited use
46 of weapons as defined in subdivision two of section 265.35 of the penal
47 law, relating to firearms and other dangerous weapons, or failure to
48 disclose the origin of a recording in the first degree as defined in
49 section 275.40 of the penal law;
50 § 11. Subdivision 1 of section 673 of the county law, as added by
51 chapter 545 of the laws of 1965, is amended to read as follows:
52 1. A coroner or medical examiner has jurisdiction and authority to
53 investigate the death of every person dying within his county, or whose
54 body is found within the county, which is or appears to be:
55 (a) A violent death, whether by criminal violence, suicide or casual-
56 ty;
S. 2796 5

1 (b) A death caused by unlawful act or criminal neglect;


2 (c) A death occurring in a suspicious, unusual or unexplained manner;
3 (d) [A death caused by suspected criminal abortion;
4 (e)] A death while unattended by a physician, so far as can be discov-
5 ered, or where no physician able to certify the cause of death as
6 provided in the public health law and in form as prescribed by the
7 commissioner of health can be found;
8 [(f)] (E) A death of a person confined in a public institution other
9 than a hospital, infirmary or nursing home.
10 § 12. Section 4 of the judiciary law, as amended by chapter 264 of the
11 laws of 2003, is amended to read as follows:
12 § 4. Sittings of courts to be public. The sittings of every court
13 within this state shall be public, and every citizen may freely attend
14 the same, except that in all proceedings and trials in cases for
15 divorce, seduction, [abortion,] rape, assault with intent to commit
16 rape, criminal sexual act, bastardy or filiation, the court may, in its
17 discretion, exclude therefrom all persons who are not directly inter-
18 ested therein, excepting jurors, witnesses, and officers of the court.
19 § 13. This act shall take effect immediately.
UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF NEW YORK 
Civil Case 
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x 
In the matter of:  
 
Christopher Earl Strunk, Individually of New York; 
                       Plaintiff, Petitioner 
versus 
 
THE STATE OF NEW YORK by ANDREW M. CUOMO, Individually and as Governor;
etal.
                                Defendants/Respondents. 
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x 

PETITION FOR A PRELIMINARY INJUNCTION with COMPLAINT to restrain until

further order of the Court, Defendants imminent infanticide use of the Reproductive Health Act

and or reimbursement of New York Defendants as scofflaws aiding and abetting illegal alien

residence for unjust enrichment in violation of 8 USC §1324, with 13 USC Sec. 141 /Sec. 195,

P.L. 94-171, 18 USC §611 and 2 USC §2a, 2 USC §6, 18 USC §1091 and related law as apply to

Governor Cuomo's breach of fiduciary duty under the 1933 Emergency Banking Relief Act and

Proclamation 2040 continuing thirty-one (31) emergency orders of the Commander-in-Chief.

 
EXHIBIT "B"  
Fetal Tissue Research: Frequently
Asked Questions

Kristin Finklea
Specialist in Domestic Security

Don J. Jansen
Specialist in Defense Health Care Policy

Judith A. Johnson
Specialist in Biomedical Policy

Sidath Viranga Panangala


Specialist in Veterans Policy

C. Stephen Redhead
Specialist in Health Policy

Bernice Reyes-Akinbileje
Analyst in Health Resources and Services

Jon O. Shimabukuro
Legislative Attorney

July 31, 2015

Congressional Research Service


7-5700
www.crs.gov
R44129
Fetal Tissue Research: Frequently Asked Questions

Contents
What is fetal tissue? ......................................................................................................................... 1
What is fetal tissue research? ........................................................................................................... 1
What are the uses of fetal tissue in medicine and medical research? .............................................. 1
What is human fetal tissue transplantation research? ...................................................................... 2
How is fetal tissue acquired for research? ....................................................................................... 3
Can fetal tissue be sold for research purposes? ............................................................................... 3
Who investigates the illegal sale of fetal tissue? ............................................................................. 4
What federal regulations govern the collection and use of fetal tissue for research? ...................... 4
What federal regulations govern the clinical use of fetal tissue?..................................................... 6
Is the system for collecting non-fetal organs and tissue different from that for fetal tissue? .......... 7
Does the Department of Veterans Affairs (VA) allow the use of human fetal tissue in
research conducted by VA researchers? ........................................................................................ 7
Does the Department of Defense use fetal tissue in medical research? ........................................... 7

Contacts
Author Contact Information............................................................................................................. 8

Congressional Research Service


Fetal Tissue Research: Frequently Asked Questions

T his report provides answers to frequently asked questions concerning the regulation and
use of fetal tissue in research, including a description of what constitutes fetal tissue
research, uses of fetal tissue for medical purposes, and how such tissue is acquired, along
with rules and regulations governing the use and acquisition of fetal tissue.

What is fetal tissue?


Fetal tissue is any tissue or organ obtained from a fetus, which is the product of conception (egg
and sperm) from the end of the eighth week of pregnancy onward. Prior to the ninth week, the
product of conception is called an embryo.

What is fetal tissue research?


Researchers use fetal tissue to produce cell cultures, also called cell lines, which can be
maintained in a laboratory environment for very long periods of time, in some cases indefinitely.
Cultured cells mimic many of the properties that they have in a living body, and therefore can be
used as a model for researchers studying basic biological processes. Research involving fetuses
and fetal tissue has been conducted in the United States since the 1930s, and the National
Institutes of Health (NIH) has been supporting research using fetal tissue since the 1950s.1 NIH
spent $76 million on human fetal tissue research in FY2014, and will spend an estimated $76
million in FY2015 and $77 million in FY2016.2

What are the uses of fetal tissue in medicine and


medical research?
Fetal tissue has been used “to identify and test the efficacy of vaccines and to examine the
toxicity of drugs used by pregnant women. Vaccines for polio, measles, rubella and Rh disease
were developed through the use of fetal tissue or cell lines derived from fetal tissue.”3 Human
fetal tissue is used to study normal human development in order to gain insight into birth defects
and other developmental diseases. Fetal tissue has been used in studies of genetic disease in the
early stages of development, including organ formation.

1
Patricia Donovan, “Funding Restrictions on Fetal Research: The Implications for Science and Health,” Family
Planning Perspectives, vol. 22, no. 5 (September/October 1990), pp. 224-231; and, Dorothy E. Vawter and Arthur
Caplan, “Strange Brew: The Politics and Ethics of Fetal Tissue Transplantation Research in the United States,” Journal
of Laboratory Clinical Medicine, vol. 120, no. 1 (July 1992), pp. 30-34.
2
At http://report.nih.gov/categorical_spending.aspx, putting “human fetal tissue” in the search box reveals the dollar
amount spent or estimated by NIH for FY2011- FY2016. Clicking on the dollar amount for FY2011-FY2014 reveals
the number of projects as well as details on each research project using human fetal tissue.
3
Donovan, “Funding Restrictions on Fetal Research,” p. 227.

Congressional Research Service 1


Fetal Tissue Research: Frequently Asked Questions

What is human fetal tissue transplantation research?


Since the late 1920s, researchers in several countries, including the United States, “have grafted
fetal liver, nerve, thymus and pancreas tissue into children and adults in efforts to reverse various
neurological disorders, spinal cord injuries, diabetes, immune deficiencies, cancers and life-
threatening blood diseases.”4 Perhaps the most widely known application in the field of human
fetal tissue transplantation has been the treatment of Parkinson’s disease. The first such attempt,
using the transplantation of human fetal brain cells, “took place in 1987 at Lund University in
Sweden where the technique was pioneered.”5 Although controversial at the time, the approach
“produced such striking results in some cases that by 1997 about 200 patients around the world
had received the treatment.”6 However, because many patients did not benefit from the treatment,
and it was unclear why this was the case, an international moratorium was imposed in 2003 on
such replacement-therapy trials.7

In 2006, a retrospective analysis conducted by the original seven teams that had performed the
transplant experiments “worked out that the procedure tended to be most effective in patients who
were relatively young and whose disease was at an early stage.”8 In addition, “those who
benefited the most had at least 100,000 dopamine-producing cells of fetal origin integrated into
their brains. Cells from at least three fetuses are needed to achieve these numbers.”9 As a result, a
new trial—called TRANSEURO, funded by the European Union—is being launched using
dopamine-producing cells from fetal brains.10 The trial was scheduled to begin in July 2014 and
expects to enroll 150 patients in the United Kingdom, Sweden, France, and Germany.11

Similar trials involving the implementation of various types of stem cells into individuals with
Parkinson’s disease are scheduled to begin in 2016 in Kyoto, Japan (using induced pluripotent
stem cells); 2017 in New York; and 2018/2019 in Europe (both using human embryonic stem
cells).12 According to one source, many such human embryonic stem cell (ESC) lines “have now
been generated that are well characterized and quality controlled and this includes two human
ESC-based sources that have already been approved by the U.S. FDA for early stage clinical trials
in humans.”13

4
Donovan, “Funding Restrictions on Fetal Research,” p. 227; and, Vawter and Caplan, “Strange Brew,” p. 30.
5
Allison Abbott, “Fetal-cell revival for Parkinson's,” Nature, vol. 510 (June 12, 2014), pp. 195-196.
6
Constance Holden, “Fetal cells again?,” Science, vol. 326 (October 16, 2009), pp. 358-359.
7
Abbott, “Fetal-cell revival for Parkinson's,” p. 195.
8
Ibid.
9
Ibid.
10
Ibid., p. 196.
11
Ibid. For further information about the trial, see http://www.transeuro.org.uk/.
12
Abbott, “Fetal-cell revival for Parkinson’s,” p. 196.
13
Janelle Drouin-Ouellet and Roger A. Barker, “Stem cell therapies for Parkinson’s disease: are trials just around the
corner?,” Regenerative Medicine, vol. 9, no. 5 (2014), pp. 553-555.

Congressional Research Service 2


Fetal Tissue Research: Frequently Asked Questions

How is fetal tissue acquired for research?


Fetal tissue used in research is obtained from elective abortions. Under certain rare
circumstances, fetal tissue may also be obtained from a miscarriage, also called a spontaneous
abortion, or following the removal of an ectopic pregnancy, which occurs when an embryo has
implanted outside the uterus. Because the timing or recognition of a spontaneous abortion or
ectopic pregnancy is unpredictable, and both conditions may result in a serious health emergency
for the woman, the fetal tissue collected under these circumstances is often not suitable for
research purposes.

According to a Government Accountability Office (GAO) report published in October 2000, most
biomedical researchers at that time obtained human fetal tissue from a “central tissue supplier”;
three identified as receiving NIH funding included the Birth Defects Laboratory at the University
of Washington, the Brain and Tissue Banks for Developmental Disorders at the University of
Maryland, and the University of Miami School of Medicine/Children’s Hospital of Orange
County.14 According to a 1992 journal article, NIH had funded such a center for collecting fetal
tissue for many years.15 Another source of human fetal tissue mentioned in the GAO report was
“private, nonprofit central tissue supply organizations that did not directly receive federal
funds.”16 Those identified by GAO in 2000 were Advanced Bioscience Resources, Inc. (Alameda,
CA), and the Albert Einstein College of Medicine Human Tissue Repository (New York, NY).
Alternatively, some researchers obtained fetal tissue directly from an academic medical center
hospital or a health clinic.17

A recent media article states that “many researchers buy tissue from two small California
companies,” StemExpress, in Placerville, and Advanced Bioscience Resources Inc. (ABR), in
Alameda, “a nonprofit that has 12 employees and recent sales of about $1.4 million.”18 According
to the article, fetal tissue accounted for about 10% of StemExpress’s business and the tissue “has
been used in studies of leukemia, Hodgkin’s lymphoma and Parkinson’s disease.”19

Can fetal tissue be sold for research purposes?


Under the NIH Revitalization Act of 1993, it is “unlawful for any person to knowingly acquire,
receive, or otherwise transfer any human fetal tissue for valuable consideration if the transfer
affects interstate commerce.”20 While this provision prohibits the sale or purchase of fetal tissue
itself, the term valuable consideration “does not include reasonable payments associated with the

14
U.S. General Accounting Office, Human Fetal Tissue: Acquisition for Federally Funded Biomedical Research,
GAO-01-65R, October 4, 2000, p. 4.
15
Vawter and Caplan, “Strange Brew,” p. 30.
16
U.S. General Accounting Office, Human Fetal Tissue: Acquisition for Federally Funded Biomedical Research,
GAO-01-65R, October 4, 2000, p. 5.
17
U.S. General Accounting Office, Human Fetal Tissue: Acquisition for Federally Funded Biomedical Research,
GAO-01-65R, October 4, 2000, pp. 4-5.
18
Denise Grady and Nicholas St. Fleur, “Shadowy Trade in Fetal Tissue,” The New York Times, July 28, 2015, pp. D1,
D3.
19
Ibid.
20
PHS Act §498B; 42 U.S.C. §289g-2(a).

Congressional Research Service 3


Fetal Tissue Research: Frequently Asked Questions

transportation, implantation, processing, preservation, quality control, or storage of human fetal


tissue.”21 Thus, tissue companies may charge researchers to recover the costs associated with
these types of activities.

Persons violating these provisions shall be subject to fines, imprisonment for not more than 10
years, or both.22 Violations involving the payment of valuable consideration shall result in fines
reflecting not less than twice the amount of the valuable consideration received.23

According to the founder of StemExpress, the fetal cells are difficult to isolate and involve
“expensive processes that take millions of dollars of equipment. Just to attempt to do some of
these isolations can cost us thousands of dollars, and it may not even work.”24 As an illustration of
just how expensive, “a vial containing five million frozen fetal liver CD133+ stem cells can cost
more than $24,000 ... and an overnight shipment to Germany, for example, can cost thousands of
dollars.”25 Another supplier of fetal tissue, ABR, charged “$300 a specimen for tissue from a
second-trimester fetus, and $515 if the fetus was first-trimester,” according to a 2013 price
sheet.26

Who investigates the illegal sale of fetal tissue?


On the federal level, the Department of Justice, and more specifically the Federal Bureau of
Investigation (FBI), would open investigations into individuals and entities suspected of violating
federal law with respect to the illegal sale, or trafficking, of human fetal tissue and other organs.
As noted earlier, federal law prohibits the sale or purchase of human fetal tissue in interstate
commerce.27 In 2000, the FBI reportedly investigated a Kansas clinic affiliated with Planned
Parenthood for allegedly selling—and profiting from the sale of—fetal tissue; ultimately, no laws
were found to have been broken.28

What federal regulations govern the collection and


use of fetal tissue for research?
Federal law permits the Department of Health and Human Services (HHS) to fund research on
new therapies that involve the transplantation of human fetal tissue using tissue derived from an
elective or spontaneous abortion, or from a stillbirth.29 However, human fetal tissue may be used
for such purposes only if the following conditions are met:

21
PHS Act §498B; 42 U.S.C. §289g-2(e)(3).
22
42 U.S.C. §289g-2(c)(1).
23
42 U.S.C. §289g-2(c)(2).
24
Grady and St. Fleur, “Shadowy Trade in Fetal Tissue,” p. D3.
25
Ibid. See also a StemExpress price list at http://stemexpress.com/product-category/fetal-liver/.
26
Ibid.
27
PHS Act §498B; 42 U.S.C. §289g-2(a).
28
Sandhya Somashekhar and Danielle Paquette, “Undercover video shows Planned Parenthood Official Discussing
Fetal Organs Used for Research,” The Washington Post, July 14, 2015.
29
PHS Act §498A(a); 42 U.S.C. §289g–1(a).

Congressional Research Service 4


Fetal Tissue Research: Frequently Asked Questions

• The woman must provide her written consent that she is donating the fetal tissue for
research, that the donation is being made without any restrictions on who may
receive the tissue, and that she has not been informed of the identity of any such
recipients.30
• The attending physician must declare in writing that, in the case of an induced
abortion (1) the woman’s consent for the abortion was obtained prior to requesting or
obtaining consent to donate the fetal tissue for research; (2) the timing, method, or
procedures used to terminate the pregnancy were not altered in order to obtain the
tissue; and (3) the abortion was performed in accordance with applicable state law. In
addition, the attending physician must declare that the tissue has been donated with
the woman’s consent and that the woman has been fully informed of the physician’s
interest, if any, in the research, and of any medical or privacy risks associated with
the tissue donation.31
• The principal researcher must declare in writing that (1) he or she is aware that the
tissue is human fetal tissue that may have been obtained from an elective or
spontaneous abortion, or a stillbirth, and that it was donated for the purposes of
research; and (2) prior to obtaining the informed consent of a research subject to be a
recipient of the transplanted tissue (see discussion of Common Rule, below), he or
she will provide the same information about the fetal tissue to the research subject
and get written acknowledgement of receipt of such information.32
In addition to the above statutory requirements, fetal tissue research that involves human subjects
is subject to the Common Rule.33 Under the Common Rule, research protocols must be approved
by an Institutional Review Board (IRB) to ensure that the rights and welfare of the research
subjects are protected.34

The Common Rule lists several criteria for IRB approval, including the requirement that
researchers obtain the informed consent of their research subjects.35 In addition, it sets out the
types of information that must be provided to prospective research subjects during the informed
consent process, including an explanation of the purpose of the research, a description of the
research procedures, and a description of the risks and benefits of the research.36 An IRB may
decide to waive the informed consent requirement if it determines that (1) the research poses no
more than minimal risk to the subjects, (2) the waiver will not adversely affect the rights and
welfare of the subjects, and (3) the research is not practicable without a waiver.37

If the human fetal tissue to be used in the research is identifiable, such that information associated
with the material links it to one or more living individuals (which often may be the case), then

30
PHS Act §498A(b)(1); 42 U.S.C. §289g–1(b)(1).
31
PHS Act §498A(b)(2); 42 U.S.C. §289g–1(b)(2).
32
PHS Act §498A(c); 42 U.S.C. §289g–1(c).
33
The Common Rule is the informal name given to core federal regulations governing the protection of human subjects
in research supported or conducted by the federal government. The regulations were first promulgated by HHS at 45
C.F.R. Part 46, Subpart A.
34
45 C.F.R. §46.109.
35
45 C.F.R. §46.111(a)(4).
36
45 C.F.R. §46.116(a).
37
45 C.F.R. §46.116(d).

Congressional Research Service 5


Fetal Tissue Research: Frequently Asked Questions

those individuals also become research subjects under the Common Rule.38 Thus, an IRB may
have to review the protocol for collecting and testing the human fetal tissue, and the woman who
is donating the tissue may have to provide informed consent (unless waived by the IRB).

The researchers must also obtain prior approval from the Food and Drug Administration (FDA)
by filing an Investigational New Drug (IND) application if the research is testing a new
diagnostic or therapeutic intervention that the researchers hope will receive FDA marketing
approval. One of the IND requirements is that the researchers obtain IRB approval.

Importantly, if the purpose of the human fetal tissue research is simply to acquire new biomedical
knowledge, and it is not being conducted under an IND or involving human research subjects,
then the research is not subject to the Common Rule or FDA regulation.

Finally, the Health Insurance Portability and Accountability Act (HIPAA) Privacy Rule applies if
the researchers want access to medical information about the woman from whose fetus the fetal
tissue was obtained. Under the Privacy Rule, an individual’s medical information may not be used
or disclosed for research without the individual’s written authorization unless an IRB (or
equivalent Privacy Board) waives the authorization based on certain specified criteria.39

What federal regulations govern the clinical use of


fetal tissue?
Currently, fetal tissue is not being used in any clinical applications involving transplantation. Any
such therapeutic use of human fetal tissue that received approval from the FDA would be
regulated under the agency’s Human Cells, Tissues, and Cellular and Tissue-Based Products
(HCT/Ps) regulations.40 An HCT/P is an article “containing or consisting of human cells and
tissues that are intended for implantation, transplantation, infusion, or transfer into a human
recipient.”41 HCT/Ps include bone, ligament, skin, dura mater, heart valves, cornea, hematopoietic
stem/progenitor cells derived from peripheral and cord blood, and semen or other reproductive
tissue.42

FDA regulates HCT/Ps primarily under its general authority to control the spread of
communicable diseases.43 The HCT/P regulations are focused on (1) preventing the use of
contaminated cells and tissues with the potential for transmitting infectious diseases, (2)
preventing the improper handling or processing of cells and tissues that might contaminate or
damage them, and (3) ensuring the clinical safety and effectiveness of cells and tissues.

38
45 C.F.R. §46.206.
39
45 C.F.R. §164.512(i).
40
21 C.F.R. Part 1271.
41
21 C.F.R. §1271.3.
42
Ibid. HCT/Ps do not include vascularized human organs for transplantation, which are regulated by the Health
Resources and Services Administration (HRSA). Nor do they include plasma and blood or derivative products
regulated by FDA under 21 C.F.R. Parts 606, 607, 630, and 640.
43
PHS Act §361; 42 U.S.C. §264.

Congressional Research Service 6


Fetal Tissue Research: Frequently Asked Questions

The regulations require establishments that recover, handle, store, and distribute HCT/Ps for
clinical purposes to register with FDA and submit a list of their products.44 The regulations also
establish eligibility criteria for donors of HCT/Ps, including donor screening and testing.45
Finally, the regulations include a set of good tissue practices (GTPs) that govern the methods,
facilities, and controls used to deal with HCT/Ps.46 The GTPs address personnel, procedures,
environmental control and monitoring, equipment, supplies and reagents, recovery, processing
and process controls, storage, shipment and distribution, records, tracking, and complaints.

Is the system for collecting non-fetal organs and


tissue different from that for fetal tissue?
The federal government has established policies and a system for procuring organs that are
separate from policies for the acquisition of fetal tissue. Organs are procured (or acquired) from
living persons or cadavers. An organ is “[a] human kidney, liver, heart, lung, pancreas, or
intestine (including the esophagus, stomach, small or large intestine, or any portion of the
gastrointestinal tract), or vascularized composite allograft.” The National Organ Transplant Act
(NOTA of 1984; P.L. 98-507) created the Organ Procurement and Transplantation Network
(OPTN), which is the federally supported system for organ sharing in the United States. The
Health Resources and Services Administration (HRSA) oversees organ procurement by way of
the OPTN’s operations.

Does the Department of Veterans Affairs (VA) allow


the use of human fetal tissue in research conducted
by VA researchers?
No. The Veterans Health Administration (VHA) states that “research in which the focus is either a
fetus, or human fetal tissue, in-utero or ex-utero (or uses human fetal tissue), cannot be conducted
by VA [researchers] while on official duty, at VA facilities, or at VA-approved off-site facilities.”47
Additionally, the use of stem cells are governed by the policy set by NIH for recipients of NIH
research funding.

Does the Department of Defense use fetal tissue in


medical research?
No. The Department of Defense medical research programs are not using fetal tissue in medical
research at this time. However, there is not a blanket ban on the use of such tissue. Under

44
21 C.F.R. Part 1271, Subpart B.
45
21 C.F.R. Part 1271, Subpart C.
46
21 C.F.R. Part 1271, Subpart D.
47
Department of Veterans Affairs, Veterans Health Administration, “Requirements for the Protection of Human
Subjects in Research,” VHA Handbook 1200.05, November 12, 2014.

Congressional Research Service 7


Fetal Tissue Research: Frequently Asked Questions

Department of Defense Instruction 3216.02, entitled Protection of Human Subjects and


Adherence to Ethical Standards in DOD-Supported Research, any “research involving human
subjects using fetal tissue shall comply with sections 289g–289g-2” of title 42, United States
Code.48

Author Contact Information

Kristin Finklea C. Stephen Redhead


Specialist in Domestic Security Specialist in Health Policy
kfinklea@crs.loc.gov, 7-6259 credhead@crs.loc.gov, 7-2261
Don J. Jansen Bernice Reyes-Akinbileje
Specialist in Defense Health Care Policy Analyst in Health Resources and Services
djansen@crs.loc.gov, 7-4769 breyes@crs.loc.gov, 7-2260
Judith A. Johnson Jon O. Shimabukuro
Specialist in Biomedical Policy Legislative Attorney
jajohnson@crs.loc.gov, 7-7077 jshimabukuro@crs.loc.gov, 7-7990
Sidath Viranga Panangala
Specialist in Veterans Policy
spanangala@crs.loc.gov, 7-0623

48
http://www.dtic.mil/whs/directives/corres/pdf/321602p.pdf.

Congressional Research Service 8


UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF NEW YORK 
Civil Case 
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x 
In the matter of:  
 
Christopher Earl Strunk, Individually of New York; 
                       Plaintiff, Petitioner 
versus 
 
THE STATE OF NEW YORK by ANDREW M. CUOMO, Individually and as Governor;
etal.
                                Defendants/Respondents. 
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x 

PETITION FOR A PRELIMINARY INJUNCTION with COMPLAINT to restrain until

further order of the Court, Defendants imminent infanticide use of the Reproductive Health Act

and or reimbursement of New York Defendants as scofflaws aiding and abetting illegal alien

residence for unjust enrichment in violation of 8 USC §1324, with 13 USC Sec. 141 /Sec. 195,

P.L. 94-171, 18 USC §611 and 2 USC §2a, 2 USC §6, 18 USC §1091 and related law as apply to

Governor Cuomo's breach of fiduciary duty under the 1933 Emergency Banking Relief Act and

Proclamation 2040 continuing thirty-one (31) emergency orders of the Commander-in-Chief.

EXHIBIT "C"
65277

Federal Register Presidential Documents


Vol. 83, No. 243

Wednesday, December 19, 2018

Title 3— Notice of December 18, 2018

The President Continuation of the National Emergency With Respect to


Serious Human Rights Abuse and Corruption

On December 20, 2017, by Executive Order 13818, the President declared


a national emergency with respect to serious human rights abuse and corrup-
tion around the world and, pursuant to the International Emergency Eco-
nomic Powers Act (50 U.S.C. 1701 et seq.), took related steps to deal with
the unusual and extraordinary threat to the national security, foreign policy,
and economy of the United States.
The prevalence and severity of human rights abuse and corruption that
have their source, in whole or in substantial part, outside the United States,
continue to pose an unusual and extraordinary threat to the national security,
foreign policy, and economy of the United States. For this reason, the
national emergency declared on December 20, 2017, must continue in effect
beyond December 20, 2018. Therefore, in accordance with section 202(d)
of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for
1 year the national emergency declared in Executive Order 13818 with
respect to serious human rights abuse and corruption.
This notice shall be published in the Federal Register and transmitted to
the Congress.

THE WHITE HOUSE,


December 18, 2018.
[FR Doc. 2018–27660
Filed 12–18–18; 11:15 am]
Billing code 3295–F9–P
amozie on DSK3GDR082PROD with PRESDOC2

Trump.EPS</GPH>

VerDate Sep<11>2014 20:39 Dec 18, 2018 Jkt 247001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\19DEO0.SGM 19DEO0
UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF NEW YORK 
Civil Case 
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x 
In the matter of:  
 
Christopher Earl Strunk, Individually of New York; 
                       Plaintiff, Petitioner 
versus 
 
THE STATE OF NEW YORK by ANDREW M. CUOMO, Individually and as Governor;
etal.
                                Defendants/Respondents. 
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x 

PETITION FOR A PRELIMINARY INJUNCTION with COMPLAINT to restrain until

further order of the Court, Defendants imminent infanticide use of the Reproductive Health Act

and or reimbursement of New York Defendants as scofflaws aiding and abetting illegal alien

residence for unjust enrichment in violation of 8 USC §1324, with 13 USC Sec. 141 /Sec. 195,

P.L. 94-171, 18 USC §611 and 2 USC §2a, 2 USC §6, 18 USC §1091 and related law as apply to

Governor Cuomo's breach of fiduciary duty under the 1933 Emergency Banking Relief Act and

Proclamation 2040 continuing thirty-one (31) emergency orders of the Commander-in-Chief.

 
EXHIBIT "D"  
POTUS annual Executive orders to continue the 31 existing emergencies published in the
Federal Register: nationally under https://www.govinfo.gov/content/pkg/STATUTE-
90/pdf/STATUTE-90-Pg1255.pdf and internationally under
https://legcounsel.house.gov/Comps/International%20Emergency%20Economic%20Po
wers%20Act.pdf

https://www.federalregister.gov/documents/search?conditions%5Bpublication_date%5D
%5Bgte%5D=01%2F08%2F2018&conditions%5Bterm%5D=continuation+emergency+&c
onditions%5Btype%5D%5B%5D=PRESDOCU

1. Continuation of the National Emergency With Respect to Serious Human Rights Abuse
and Corruption by the Executive Office of the President on 12/19/2018.
… December 18, 2018 Continuation of the National Emergency With Respect to Serious …
, the national emergency declared on December 20, 2017, must continue in effect …
National Emergencies Act...

2. Continuation of the National Emergency With Respect to Burundi by the Executive Office
of the President on 11/19/2018. … November 16, 2018 Continuation of the
National Emergency With Respect to Burundi … region. The situation in
Burundi continues to pose an unusual and … National Emergencies Act (50 U.S.C.
1622(d)), I am<="" p="" style="box-sizing: border-box;">

3. Continuation of the National Emergency With Respect to Iran by the Executive Office of
the President on 11/09/2018.… November 8, 2018 Continuation of the
National Emergency With Respect to Iran … date to deal with that emergency,
must continue in effect beyond November … National Emergencies Act (50 U.S.C....

4. Continuation of the National Emergency With Respect to the Proliferation of Weapons of


Mass Destruction by the Executive Office of the President on 11/09/2018.
… November 8, 2018 Continuation of the National Emergency With Respect to the … of
delivering such weapons must continue beyond November 14, 2018. Therefore …
National Emergencies Act (50 U.S.C. 1622(d)), I am<="" p="" style="box-sizing: border-
box;">

5. Continuation of the National Emergency With Respect to Sudan by the Executive Office of
the President on 11/02/2018.… October 31, 2018 Continuation of the
National Emergency With Respect to Sudan … national emergency with respect to Sudan
pursuant to the International EmergencyEconomic … resolved. These actions and
policies<="" p="" style="box-sizing: border-box;">

6. Continuation of the National Emergency With Respect to the Democratic Republic of the
Congo by the Executive Office of the President on 10/26/2018.… October 25,
2018 Continuation of the National Emergency With Respect to the … adopted to deal with

1
that emergency, must continue in effect beyond October … National Emergencies Act (50
U.S.C....

7. Continuation of the National Emergency With by the Executive Office of the


President on 10/18/2018.… October 17, 2018 Continuation of the
National Emergency With Respect to Significant … thereto to deal with that emergency,
must continue in effect beyond October … National Emergencies Act (50...

8. Continuation of the National Emergency With Respect to Persons Who Commit, Threaten
To Commit, or Support Terrorism by the Executive Office of the
President on 09/20/2018.… September 19, 2018 Continuation of the
National Emergency With Respect to Persons … date to deal with that emergency,
must continue in effect beyond September … National Emergencies Act (50...

9. Continuation of the National Emergency With Respect to Certain Terrorist Attacks by


the Executive Office of the President on 09/12/2018. … September 10,
2018 Continuation of the National Emergency With Respect to Certain … . Because the
terrorist threat continues, the national emergency declared on September 14
… emergency must...

10. Continuation of the National Emergency With Respect to Export Control Regulations by
the Executive Office of the President on 08/13/2018.… August 8, 2018 Continuation of
the National Emergency With Respect to Export … , the national emergency declared on
August 17, 2001, must continue in effect … National Emergencies Act (50...

11. Continuation of the National Emergency With Respect to Lebanon by the Executive Office
of the President on 07/31/2018.… July 27, 2018 Continuation of the
National Emergency With Respect to Lebanon … date to deal with that emergency,
must continue in effect beyond August … National Emergencies Act (50 U.S.C....

12. Continuation of the National Emergency With Respect to Transnational Criminal


Organizations by the Executive Office of the President on 07/23/2018.… July 20,
2018 Continuation of the National Emergency With Respect to Transnational … date to
deal with that emergency, must continue in effect beyond July …
National Emergencies Act (50 U.S.C....

13. Continuation of the National Emergency With Respect to North Korea by the Executive
Office of the President on 06/25/2018.… June 22, 2018 Continuation of the
National Emergency With Respect to North … to deal with that national emergency,
must continue in effect beyond June … National Emergencies Act (50 U.S.C....

14. Continuation of the National Emergency With Respect to the Western Balkans by
the Executive Office of the President on 06/25/2018.… June 22, 2018 Continuation of the
National Emergency With Respect to the … thereafter to deal with that emergency,
must continue in effect beyond June … National Emergencies Act (50 U.S.C....

2
15. Continuation of the National Emergency With Respect to the Actions and Policies of
Certain Members of the Government of Belarus and Other Persons To Undermine
Democratic Processes or Institutions of Belarus by the Executive Office of the
President on 06/12/2018.… June 8, 2018 Continuation of the National Emergency With
Respect to the … date to deal with that emergency, must continue in effect beyond June …
National Emergencies Act (50 U.S.C. 1622(d)),...

16. Continuation of the National Emergency With Respect to the Stabilization of Iraq by
the Executive Office of the President on 05/21/2018.… May 18, 2018 Continuation of the
National Emergency With Respect to the … , and economic institutions in Iraq continue to
pose an unusual and … National EmergenciesAct (50 U.S.C. 1622(d)), I am<="" p=""
style="box-sizing: border-box;">

17. Continuation of the National Emergency With Respect to Yemen by the Executive Office of
the President on 05/15/2018.… May 14, 2018 Continuation of the
National Emergency With Respect to Yemen … 's peace, security, and stability continue to
pose an unusual and … National EmergenciesAct (50 U.S.C. 1622(d)), I am<="" p=""
style="box-sizing: border-box;">

18. Continuation of the National Emergency With Respect to the Central African Republic by
the Executive Office of the President on 05/11/2018.… May 10, 2018 Continuation of the
National Emergency With Respect to the … to the Central African Republic continues to
pose an unusual and … National EmergenciesAct (50 U.S.C. 1622(d)), I am<="" p=""
style="box-sizing: border-box;">

19. Continuation of the National Emergency With Respect to the Actions of the Government
of Syria by the Executive Office of the President on 05/10/2018.
… May 9, 2018 Continuation of the National Emergency With Respect to the …
National Emergencies Act, 50 U.S.C. 1622(d), I am continuing … for 1 year the
national emergency declared with respect...

20. Continuation of the National Emergency With Respect to Somalia by the Executive Office
of the President on 04/05/2018. … April 4, 2018 Continuation of the
National Emergency With Respect to Somalia … , to deal with that emergency,
must continue in effect beyond April 12 … National Emergencies Act (50 U.S.C....

21. Continuation of the National Emergency With Respect to Significant Malicious Cyber-
Enabled Activities by the Executive Office of the President on 03/28/2018 … March 27,
2018 Continuation of the National Emergency With Respect to Significant … , the
national emergency declared on April 1, 2015, must continue in effect …
National Emergencies Act (50...

22. Continuation of the National Emergency With Respect to South Sudan by the Executive
Office of the President on 03/28/2018.… March 27, 2018 Continuation of the
National Emergency With Respect to South … deal with that threat must continue in effect

3
beyond April 3 … National EmergenciesAct (50 U.S.C. 1622(d)), I am<="" p="" style="box-
sizing: border-box;">

23. Continuation of the National Emergency With Respect to Iran by the Executive Office of
the President on 03/14/2018.… March 12, 2018 Continuation of the
National Emergency With Respect to Iran … , the national emergency declared on March
15, 1995, must continue in effect … National Emergencies Act (50 U.S.C....

24. Continuation of the National Emergency With Respect to Ukraine by the Executive Office
of the President on 03/05/2018.… March 2, 2018 Continuation of the
National Emergency With Respect to Ukraine … , to deal with that emergency,
must continue in effect beyond March 6 … National Emergencies Act (50 U.S.C....

25. Continuation of the National Emergency With Respect to Zimbabwe by the Executive
Office of the President on 03/05/2018.… March 2, 2018 Continuation of the
National Emergency With Respect to Zimbabwe … , to deal with
that emergency must continue in effect beyond March 6 … National Emergencies Act (50
U.S.C....

26. Continuation of the National Emergency With Respect to Venezuela by the Executive
Office of the President on 03/05/2018.… March 2, 2018 Continuation of the
National Emergency With Respect to Venezuela … have not improved, and
they continue to pose an unusual and … National Emergencies Act (50 U.S.C. 1622(d)), I
am<="" p="" style="box-sizing: border-box;">

27. Modifying and Continuing the National Emergency With Respect to Cuba and Continuing
To Authorize the Regulation of the Anchorage and Movement of Vessels by the Executive
Office of the President on 02/23/2018.… Modifying and Continuing the
National Emergency With Respect to Cuba and Continuing To … of the need
to continue the national emergency based on a disturbance … the United States,
hereby<="" p="" style="box-sizing: border-box;">

28. Continuation of the National Emergency With Respect to Libya by the Executive Office of
the President on 02/12/2018. … February 9, 2018 Continuation of the
National Emergency With Respect to Libya … , the national emergency declared on
February 25, 2011, must continue in effect … National Emergencies Act (50...

29. Continuation of the National Emergency With Respect to Terrorists Who Threaten To
Disrupt the Middle East Peace Process by the Executive Office of the
President on 01/18/2018. … January 17, 2018 Continuation of the
National Emergency With Respect to Terrorists … adopted to deal with
that emergency must continue in effect beyond January … Emergencies Act (50 U.S.C....

30. Authorizing the Implementation of Certain Sanctions Set Forth in the Countering
America's Adversaries Through Sanctions Act by the Executive Office of the
President on 09/21/2018. … of America, including the
4
International Emergency Economic Powers Act (50 U … not designate, or permit
the continuation of any prior designation of … Council Travel Bans and
International Emergency Economic Powers Act Sanctions); or …...

31. Reimposing Certain Sanctions With Respect to Iran by the Executive Office of the
President on 08/07/2018.… denying designation, or terminating the continuation of any
prior designation of … Council Travel Bans and International Emergency Economic
Powers Act Sanctions). Sec … —pursuant to this order, which continues in effect certain
sanctions set...

5
UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF NEW YORK 
Civil Case 
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x 
In the matter of:  
 
Christopher Earl Strunk, Individually of New York; 
                       Plaintiff, Petitioner 
versus 
 
THE STATE OF NEW YORK by ANDREW M. CUOMO, Individually and as Governor;
etal.
                                Defendants/Respondents. 
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x 

PETITION FOR A PRELIMINARY INJUNCTION with COMPLAINT to restrain until

further order of the Court, Defendants imminent infanticide use of the Reproductive Health Act

and or reimbursement of New York Defendants as scofflaws aiding and abetting illegal alien

residence for unjust enrichment in violation of 8 USC §1324, with 13 USC Sec. 141 /Sec. 195,

P.L. 94-171, 18 USC §611 and 2 USC §2a, 2 USC §6, 18 USC §1091 and related law as apply to

Governor Cuomo's breach of fiduciary duty under the 1933 Emergency Banking Relief Act and

Proclamation 2040 continuing thirty-one (31) emergency orders of the Commander-in-Chief.

EXHIBIT "E"
 
 

Landing page ABOUT PRIVATE AMERICAN CITIZEN


This is a joint statement by Christopher Earl: Strunk, in esse sui juris, and Eric
Jon: Phelps, in esse sui juris, on our intended effective use of this Website titled
“PRIVATE AMERICAN CITIZEN” with the universal purpose to build and maintain an
informed cooperative association for each United States of America Constitution's 14th
Amendment Private National American Citizen, a Non-"U.S. citizen" per se, whose
birth or naturalization and residence Status as the living, natural human being, non-surety
for a state or federally-created quasi-corporate organization, is free to contract and act in
commerce as the sole beneficiary of his or her Estate Trust.
Members must be previously certified (will be credited upon presentment of Status
Documents) or be duly certified and registered with the Secretary of Treasury (SOT) and
Commander-in-Chief (CINC) whose authority is over the present military government’s
agencies that currently function under the Congressional Emergency Banking Relief Act
(1)
by application of the 1917 Trading with the Enemy Act (2) brought inland with the
Franklin Delano Roosevelt (FDR) PROCLAMATION 2040 on 9 March 1933 (3) said
temporary national banking emergency / state of war having been anticipated by the 1908
Aldrich-Vreeland Act (4) in conjunction with the 1927 McFadden Act (5) making the
Federal Reserve Charter perpetual, absent actual fraud, purposed to finance foreign wars;
and,
Further, that when the prospective applicant understands the intent and purpose of
this Website he / she may register by pressing on the picture of Andrew Jackson below to
enter into a bilateral contract with individual compliance responsibilities to become a
future member / associate in cooperation with an elected board of directors who
administer compliance with a reasonable annual fee based member Status certification
with annual equity due under the laws of the State of New York and related law as apply;
and,
Further, we jointly intend that the registrant and subsequent applicant agrees in
good faith to facilitate their use of this Website to complete the five (5) incremental fee-
based stages of registration, Instruction with subsections, Application with subsections,
Filing with subsections not to exceed a $100 fee each, not including printing, filing and
                                                            
1
The Emergency Banking Act (the official title of which was the Emergency Banking Relief Act), Public Law 1, 48 Stat. 1
(March 9, 1933), was an act passed by the United States Congress in March 1933 in an attempt to stabilize the banking system.
2
The Trading with the Enemy Act (TWEA) of 1917 (40 Stat. 411, enacted 6 October 1917, codified at 12 U.S.C. §§ 95a–95b
and 50 U.S.C. App. §§ 1–44) is a United States federal law to restrict trade with countries hostile to the United States.
3 Presidential Emergency Powers: The current So-Called "War Powers Act of 1933" see congressionalresearch.com/95-
753/document.php Roosevelt's proclamation of national emergency has been effectively ... basis of this expansive statutory
authority, the President in Proclamation No. 2040
4
The Aldrich–Vreeland Act was passed in response to the Panic of 1907 and established the National Monetary Commission,
which recommended the Federal Reserve Act of 1913.
5
The McFadden Act is a United States federal law, named after Louis Thomas McFadden, member of the United States House
of Representatives and Chairman of the United States House Committee on Banking and Currency, enacted in 1927 from
recommendations made by former Comptroller of the Currency Henry May Dawes.
postal expenses to become a certified cooperative member in compliance at each stage;
and,
Further, that initial registration shown at the image of Andrew Jackson is an
acknowledgment that we need to enable restoration of the non-military, limited, civilian
national government created by the Constitution for the United States of America, a
limited REPUBLIC, whose each State of the several sovereign States inures to We the
People, and who are only those "Pre-March 9, 1933" Private National American Citizens
of the United States of America ... Versus . . . the present temporary MILITARY
EMPIRE of 12 USC §95a with 50 USC App. §5(b) (CHAPTER 53) under Proclamation
2040 declaring a national banking emergency I state of war using each "U.S. Citizen"
Surety Indenture to hypothecate Debt for the emergency(ies), and that a registrant
voluntarily acts to cease being the Surety Indenture by public filings according to Jaw and
keeps with provisions of the English AV1611 King James Version of Bible, specifically
Proverbs 11:15.
Further, as neither Undersigned is an attorney, and there is no offer of legal advice
per se other than to expect an applicant to read and understand provisions of instruction
and testing in good faith, the very fact(s) or act(s) cited within apply to each individual
particular circumstance that may in all probability vary accordingly; and,
Furthemore, we jointly intend that this Website be publicly available to all "U.S.
Citizen'' Surety Indentures under State I Federal law and the Uniform Commercial Code.
However, because of the confidential nature of material presented as each stage must be
kept secure, there is limited access only to those registered applicants or qualified
members and that first-time entry registration requires a one-time $20 fee payment by
Paypal to obtain an individual password to be used for every subsequent re-entry.

~ r-
~~M7~f,P ~
Christopher Earl: Strunk, Director
J:'t Jt~ 6/!l~If
EtiC Jon: Phelps, Director
c/o 315 Flatbush Avenue PMB 102 203 South Fort Zellers Road
Brooklyn, New York Newmanstown, Pennsylvania
ZIP Code Excepted [1 1217] ZIP Code Excepted [ 17073]
UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF NEW YORK 
Civil Case 
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x 
In the matter of:  
 
Christopher Earl Strunk, Individually of New York; 
                       Plaintiff, Petitioner 
versus 
 
THE STATE OF NEW YORK by ANDREW M. CUOMO, Individually and as Governor;
etal.
                                Defendants/Respondents. 
x‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐‐x 

PETITION FOR A PRELIMINARY INJUNCTION with COMPLAINT to restrain until

further order of the Court, Defendants imminent infanticide use of the Reproductive Health Act

and or reimbursement of New York Defendants as scofflaws aiding and abetting illegal alien

residence for unjust enrichment in violation of 8 USC §1324, with 13 USC Sec. 141 /Sec. 195,

P.L. 94-171, 18 USC §611 and 2 USC §2a, 2 USC §6, 18 USC §1091 and related law as apply to

Governor Cuomo's breach of fiduciary duty under the 1933 Emergency Banking Relief Act and

Proclamation 2040 continuing thirty-one (31) emergency orders of the Commander-in-Chief.

EXHIBIT "F"
§ 1083 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 312

duct or operate any gambling device, or to in- or information assisting in the placing of bets or
duce, entice, solicit, or permit any person to wagers on any sporting event or contest, or for
bet or play at any such establishment, the transmission of a wire communication
which entitles the recipient to receive money or
if such gambling ship is on the high seas, or is
credit as a result of bets or wagers, or for infor-
an American vessel or otherwise under or within
mation assisting in the placing of bets or wa-
the jurisdiction of the United States, and is not
gers, shall be fined under this title or impris-
within the jurisdiction of any State.
oned not more than two years, or both.
(b) Whoever violates the provisions of sub- (b) Nothing in this section shall be construed
section (a) of this section shall be fined under to prevent the transmission in interstate or for-
this title or imprisoned not more than two eign commerce of information for use in news
years, or both. reporting of sporting events or contests, or for
(c) Whoever, being (1) the owner of an Amer- the transmission of information assisting in the
ican vessel, or (2) the owner of any vessel under placing of bets or wagers on a sporting event or
or within the jurisdiction of the United States, contest from a State or foreign country where
or (3) the owner of any vessel and being an betting on that sporting event or contest is legal
American citizen, shall use, or knowingly per- into a State or foreign country in which such
mit the use of, such vessel in violation of any betting is legal.
provision of this section shall, in addition to (c) Nothing contained in this section shall cre-
any other penalties provided by this chapter, ate immunity from criminal prosecution under
forfeit such vessel, together with her tackle, ap- any laws of any State.
parel, and furniture, to the United States. (d) When any common carrier, subject to the
(Added May 24, 1949, ch. 139, § 23, 63 Stat. 92; jurisdiction of the Federal Communications
amended Pub. L. 103–322, title XXXIII, Commission, is notified in writing by a Federal,
§ 330016(1)(L), Sept. 13, 1994, 108 Stat. 2147.) State, or local law enforcement agency, acting
within its jurisdiction, that any facility fur-
AMENDMENTS nished by it is being used or will be used for the
1994—Subsec. (b). Pub. L. 103–322 substituted ‘‘fined purpose of transmitting or receiving gambling
under this title’’ for ‘‘fined not more than $10,000’’. information in interstate or foreign commerce
in violation of Federal, State or local law, it
§ 1083. Transportation between shore and ship; shall discontinue or refuse, the leasing, furnish-
penalties ing, or maintaining of such facility, after rea-
(a) It shall be unlawful to operate or use, or to sonable notice to the subscriber, but no dam-
permit the operation or use of, a vessel for the ages, penalty or forfeiture, civil or criminal,
shall be found against any common carrier for
carriage or transportation, or for any part of the
any act done in compliance with any notice re-
carriage or transportation, either directly or in-
ceived from a law enforcement agency. Nothing
directly, of any passengers, for hire or other-
in this section shall be deemed to prejudice the
wise, between a point or place within the United
right of any person affected thereby to secure an
States and a gambling ship which is not within
appropriate determination, as otherwise pro-
the jurisdiction of any State. This section does
vided by law, in a Federal court or in a State or
not apply to any carriage or transportation to
local tribunal or agency, that such facility
or from a vessel in case of emergency involving
should not be discontinued or removed, or
the safety or protection of life or property.
should be restored.
(b) The Secretary of the Treasury shall pre-
(e) As used in this section, the term ‘‘State’’
scribe necessary and reasonable rules and regu-
means a State of the United States, the District
lations to enforce this section and to prevent
of Columbia, the Commonwealth of Puerto Rico,
violations of its provisions.
or a commonwealth, territory or possession of
For the operation or use of any vessel in viola-
the United States.
tion of this section or of any rule or regulation
issued hereunder, the owner or charterer of such (Added Pub. L. 87–216, § 2, Sept. 13, 1961, 75 Stat.
vessel shall be subject to a civil penalty of $200 491; amended Pub. L. 100–690, title VII, § 7024,
for each passenger carried or transported in vio- Nov. 18, 1988, 102 Stat. 4397; Pub. L. 101–647, title
lation of such provisions, and the master or XII, § 1205(g), Nov. 29, 1990, 104 Stat. 4831; Pub. L.
other person in charge of such vessel shall be 103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994,
subject to a civil penalty of $300. Such penalty 108 Stat. 2147.)
shall constitute a lien on such vessel, and pro- AMENDMENTS
ceedings to enforce such lien may be brought 1994—Subsec. (a). Pub. L. 103–322 substituted ‘‘fined
summarily by way of libel in any court of the under this title’’ for ‘‘fined not more than $10,000’’.
United States having jurisdiction thereof. The 1990—Subsec. (e). Pub. L. 101–647 inserted ‘‘common-
Secretary of the Treasury may mitigate or wealth,’’ before ‘‘territory or possession of the United
remit any of the penalties provided by this sec- States’’.
tion on such terms as he deems proper. 1988—Subsec. (b). Pub. L. 100–690, § 7024(a), inserted
‘‘or foreign country’’ after ‘‘State’’ in two places.
(Added May 24, 1949, ch. 139, § 23, 63 Stat. 92.) Subsec. (c). Pub. L. 100–690, § 7024(b)(2), struck out
‘‘, Commonwealth of Puerto Rico, territory, posses-
§ 1084. Transmission of wagering information; sion, or the District of Columbia’’ after ‘‘State’’.
penalties Subsec. (e). Pub. L. 100–690, § 7024(b)(1), added subsec.
(e).
(a) Whoever being engaged in the business of
betting or wagering knowingly uses a wire com- CHAPTER 50A—GENOCIDE
munication facility for the transmission in Sec.
interstate or foreign commerce of bets or wagers 1091. Genocide.
Page 313 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1093

Sec. AMENDMENTS
1092. Exclusive remedies.
1093. Definitions. 2009—Subsec. (a). Pub. L. 111–122, § 3(a)(1), struck out
‘‘, in a circumstance described in subsection (d)’’ before
§ 1091. Genocide ‘‘and with the specific’’ in introductory provisions and
‘‘or attempts to do so,’’ before ‘‘shall be punished’’ in
(a) BASIC OFFENSE.—Whoever, whether in time concluding provisions.
of peace or in time of war and with the specific Subsec. (c). Pub. L. 111–122, § 3(a)(2), struck out ‘‘in a
intent to destroy, in whole or in substantial circumstance described in subsection (d)’’ before ‘‘di-
part, a national, ethnic, racial, or religious rectly’’.
group as such— Subsecs. (d) to (f). Pub. L. 111–122, § 3(a)(3), (4), added
(1) kills members of that group; subsecs. (d) to (f) and struck out former subsecs. (d) and
(e) which related to the required circumstance for of-
(2) causes serious bodily injury to members
fenses referred to in subsecs. (a) and (c) and nonappli-
of that group; cability of certain limitations, respectively.
(3) causes the permanent impairment of the 2007—Subsec. (d). Pub. L. 110–151 added subsec. (d) and
mental faculties of members of the group struck out former subsec. (d). Text of former subsec. (d)
through drugs, torture, or similar techniques; read as follows: ‘‘The circumstance referred to in sub-
(4) subjects the group to conditions of life sections (a) and (c) is that—
that are intended to cause the physical de- ‘‘(1) the offense is committed within the United
struction of the group in whole or in part; States; or
(5) imposes measures intended to prevent ‘‘(2) the alleged offender is a national of the United
States (as defined in section 101 of the Immigration
births within the group; or
and Nationality Act (8 U.S.C. 1101)).’’
(6) transfers by force children of the group to 2002—Subsec. (b)(1). Pub. L. 107–273, § 4002(b)(7), sub-
another group; stituted ‘‘subsection (a)(1),’’ for ‘‘subsection (a)(1),,’’.
shall be punished as provided in subsection (b). Pub. L. 107–273, § 4002(a)(4), made technical correction
(b) PUNISHMENT FOR BASIC OFFENSE.—The pun- to directory language of Pub. L. 103–322. See 1994
ishment for an offense under subsection (a) is— Amendment note below.
1994—Subsec. (b)(1). Pub. L. 103–322, as amended by
(1) in the case of an offense under subsection
Pub. L. 107–273, § 4002(a)(4), substituted ‘‘, where death
(a)(1), where death results, by death or impris- results, by death or imprisonment for life and a fine of
onment for life and a fine of not more than not more than $1,000,000, or both;’’ for ‘‘a fine of not
$1,000,000, or both; and more than $1,000,000 and imprisonment for life,’’.
(2) a fine of not more than $1,000,000 or im-
EFFECTIVE DATE OF 2002 AMENDMENT
prisonment for not more than twenty years, or
both, in any other case. Pub. L. 107–273, div. B, title IV, § 4002(a)(4), Nov. 2,
2002, 116 Stat. 1806, provided that the amendment made
(c) INCITEMENT OFFENSE.—Whoever directly by section 4002(a)(4) is effective Sept. 13, 1994.
and publicly incites another to violate sub-
section (a) shall be fined not more than $500,000 SHORT TITLE
or imprisoned not more than five years, or both. Section 1 of Pub. L. 100–606 provided that: ‘‘This Act
(d) ATTEMPT AND CONSPIRACY.—Any person [enacting this chapter] may be cited as the ‘Genocide
who attempts or conspires to commit an offense Convention Implementation Act of 1987 (the Proxmire
under this section shall be punished in the same Act)’.’’
manner as a person who completes the offense. § 1092. Exclusive remedies
(e) JURISDICTION.—There is jurisdiction over
the offenses described in subsections (a), (c), and Nothing in this chapter shall be construed as
(d) if— precluding the application of State or local laws
(1) the offense is committed in whole or in to the conduct proscribed by this chapter, nor
part within the United States; or shall anything in this chapter be construed as
(2) regardless of where the offense is com- creating any substantive or procedural right en-
mitted, the alleged offender is— forceable by law by any party in any proceeding.
(A) a national of the United States (as that
(Added Pub. L. 100–606, § 2(a), Nov. 4, 1988, 102
term is defined in section 101 of the Immi-
Stat. 3046.)
gration and Nationality Act (8 U.S.C. 1101));
(B) an alien lawfully admitted for perma- § 1093. Definitions
nent residence in the United States (as that
term is defined in section 101 of the Immi- As used in this chapter—
gration and Nationality Act (8 U.S.C. 1101)); (1) the term ‘‘children’’ means the plural and
(C) a stateless person whose habitual resi- means individuals who have not attained the
dence is in the United States; or age of eighteen years;
(D) present in the United States. (2) the term ‘‘ethnic group’’ means a set of
individuals whose identity as such is distinc-
(f) NONAPPLICABILITY CERTAIN LIMITA-
OF
tive in terms of common cultural traditions or
TIONS.—Notwithstanding section 3282, in the heritage;
case of an offense under this section, an indict- (3) the term ‘‘incites’’ means urges another
ment may be found, or information instituted, to engage imminently in conduct in circum-
at any time without limitation. stances under which there is a substantial
(Added Pub. L. 100–606, § 2(a), Nov. 4, 1988, 102 likelihood of imminently causing such con-
Stat. 3045; amended Pub. L. 103–322, title VI, duct;
§ 60003(a)(13), Sept. 13, 1994, 108 Stat. 1970; Pub. L. (4) the term ‘‘members’’ means the plural;
107–273, div. B, title IV, § 4002(a)(4), (b)(7), Nov. 2, (5) the term ‘‘national group’’ means a set of
2002, 116 Stat. 1806, 1808; Pub. L. 110–151, § 2, Dec. individuals whose identity as such is distinc-
21, 2007, 121 Stat. 1821; Pub. L. 111–122, § 3(a), Dec. tive in terms of nationality or national ori-
22, 2009, 123 Stat. 3481.) gins;
§ 1111 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 314

(6) the term ‘‘racial group’’ means a set of (c) For purposes of this section—
individuals whose identity as such is distinc- (1) the term ‘‘assault’’ has the same meaning
tive in terms of physical characteristics or bi- as given that term in section 113;
ological descent; (2) the term ‘‘child’’ means a person who has
(7) the term ‘‘religious group’’ means a set of not attained the age of 18 years and is—
individuals whose identity as such is distinc- (A) under the perpetrator’s care or control;
tive in terms of common religious creed, be- or
liefs, doctrines, practices, or rituals; and (B) at least six years younger than the per-
(8) the term ‘‘substantial part’’ means a part petrator;
of a group of such numerical significance that (3) the term ‘‘child abuse’’ means inten-
the destruction or loss of that part would tionally or knowingly causing death or serious
cause the destruction of the group as a viable bodily injury to a child;
entity within the nation of which such group (4) the term ‘‘pattern or practice of assault
is a part. or torture’’ means assault or torture engaged
(Added Pub. L. 100–606, § 2(a), Nov. 4, 1988, 102 in on at least two occasions;
Stat. 3046.) (5) the term ‘‘serious bodily injury’’ has the
meaning set forth in section 1365; and
CHAPTER 51—HOMICIDE (6) the term ‘‘torture’’ means conduct,
Sec. whether or not committed under the color of
1111. Murder. law, that otherwise satisfies the definition set
1112. Manslaughter. forth in section 2340(1).
1113. Attempt to commit murder or manslaughter.
1114. Protection of officers and employees of the (June 25, 1948, ch. 645, 62 Stat. 756; Pub. L. 98–473,
United States. title II, § 1004, Oct. 12, 1984, 98 Stat. 2138; Pub. L.
1115. Misconduct or neglect of ship officers. 99–646, § 87(c)(4), Nov. 10, 1986, 100 Stat. 3623; Pub.
1116. Murder or manslaughter of foreign officials,
L. 99–654, § 3(a)(4), Nov. 14, 1986, 100 Stat. 3663;
official guests, or internationally protected
persons. Pub. L. 100–690, title VII, § 7025, Nov. 18, 1988, 102
1117. Conspiracy to murder. Stat. 4397; Pub. L. 103–322, title VI, § 60003(a)(4),
1118. Murder by a Federal prisoner. Sept. 13, 1994, 108 Stat. 1969; Pub. L. 108–21, title
1119. Foreign murder of United States nationals. I, § 102, Apr. 30, 2003, 117 Stat. 652.)
1120. Murder by escaped prisoners.
1121. Killing persons aiding Federal investigations HISTORICAL AND REVISION NOTES
or State correctional officers. Based on title 18, U.S.C., 1940 ed., §§ 452, 454, 567 (Mar.
1122. Protection against the human immuno-
4, 1909, ch. 321, §§ 273, 275, 330, 35 Stat. 1143, 1152).
deficiency virus. Section consolidates the punishment provision of sec-
AMENDMENTS tions 454 and 567 of title 18, U.S.C., 1940 ed., with section
452 of title 18, U.S.C., 1940 ed.
1996—Pub. L. 104–294, title VI, § 601(a)(6), Oct. 11, 1996, The provision of said section 454 for the death penalty
110 Stat. 3498, added item 1122. for first degree murder was consolidated with section
1994—Pub. L. 103–322, title VI, §§ 60005(b), 60009(b)(2),
567 of said title 18, by adding the words ‘‘unless the jury
60012(b), 60015(b), Sept. 13, 1994, 108 Stat. 1970, 1972–1974,
qualifies its verdict by adding thereto ‘without capital
added items 1118 to 1121.
punishment’ in which event he shall be sentenced to
1976—Pub. L. 94–467, § 3, Oct. 8, 1976, 90 Stat. 1998, sub-
imprisonment for life’’.
stituted ‘‘official guests, or internationally protected
The punishment for second degree murder was
persons’’ for ‘‘or official guests’’ in item 1116.
changed and the phrase ‘‘for any term of years or for
1972—Pub. L. 92–539, title I, § 102, Oct. 24, 1972, 86 Stat.
life’’ was substituted for the words ‘‘not less than ten
1071, added items 1116 and 1117.
years and may be imprisoned for life’’. This change con-
§ 1111. Murder forms to a uniform policy of omitting the minimum
punishment.
(a) Murder is the unlawful killing of a human Said section 567 was not included in section 2031 of
being with malice aforethought. Every murder this title since the rewritten punishment provision for
perpetrated by poison, lying in wait, or any rape removes the necessity for a qualified verdict.
other kind of willful, deliberate, malicious, and The special maritime and territorial jurisdiction pro-
vision was added in view of definitive section 7 of this
premeditated killing; or committed in the per- title.
petration of, or attempt to perpetrate, any
arson, escape, murder, kidnapping, treason, espi- AMENDMENTS
onage, sabotage, aggravated sexual abuse or sex- 2003—Subsec. (a). Pub. L. 108–21, § 102(1), inserted
ual abuse, child abuse, burglary, or robbery; or ‘‘child abuse,’’ after ‘‘or sexual abuse,’’ and ‘‘or per-
perpetrated as part of a pattern or practice of petrated as part of a pattern or practice of assault or
assault or torture against a child or children; or torture against a child or children;’’ after ‘‘robbery;’’.
Subsec. (c). Pub. L. 108–21, § 102(2), added subsec. (c).
perpetrated from a premeditated design unlaw- 1994—Subsec. (b). Pub. L. 103–322 amended second par.
fully and maliciously to effect the death of any generally. Prior to amendment, second par. read as fol-
human being other than him who is killed, is lows: ‘‘Whoever is guilty of murder in the first degree,
murder in the first degree. shall suffer death unless the jury qualifies its verdict
Any other murder is murder in the second de- by adding thereto ‘without capital punishment’, in
gree. which event he shall be sentenced to imprisonment for
(b) Within the special maritime and territorial life;’’.
jurisdiction of the United States, 1988—Subsec. (a). Pub. L. 100–690 inserted a comma
Whoever is guilty of murder in the first degree after ‘‘arson’’.
1986—Subsec. (a). Pub. L. 99–646 and Pub. L. 99–654
shall be punished by death or by imprisonment amended subsec. (a) identically, substituting ‘‘aggra-
for life; vated sexual abuse or sexual abuse’’ for ‘‘, rape’’.
Whoever is guilty of murder in the second de- 1984—Subsec. (a). Pub. L. 98–473 inserted ‘‘escape,
gree, shall be imprisoned for any term of years murder, kidnapping, treason, espionage, sabotage,’’
or for life. after ‘‘arson’’.
Page 315 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1114

EFFECTIVE DATE OF 1986 AMENDMENTS torial jurisdiction of the United States, at-
Amendments by Pub. L. 99–646 and Pub. L. 99–654 ef- tempts to commit murder or manslaughter,
fective respectively 30 days after Nov. 10, 1986, and 30 shall, for an attempt to commit murder be im-
days after Nov. 14, 1986, see section 87(e) of Pub. L. prisoned not more than twenty years or fined
99–646 and section 4 of Pub. L. 99–654, set out as an Ef- under this title, or both, and for an attempt to
fective Date note under section 2241 of this title. commit manslaughter be imprisoned not more
§ 1112. Manslaughter than seven years or fined under this title, or
both.
(a) Manslaughter is the unlawful killing of a
(June 25, 1948, ch. 645, 62 Stat. 756; Pub. L.
human being without malice. It is of two kinds:
100–690, title VII, § 7058(c), Nov. 18, 1988, 102 Stat.
Voluntary—Upon a sudden quarrel or heat of
4403; Pub. L. 101–647, title XXXV, § 3534, Nov. 29,
passion.
1990, 104 Stat. 4925; Pub. L. 104–132, title VII,
Involuntary—In the commission of an unlaw-
§ 705(a)(5), Apr. 24, 1996, 110 Stat. 1295.)
ful act not amounting to a felony, or in the com-
mission in an unlawful manner, or without due HISTORICAL AND REVISION NOTES
caution and circumspection, of a lawful act Based on title 18, U.S.C., 1940 ed., § 456 (Mar. 4, 1909,
which might produce death. ch. 321, § 277, 35 Stat. 1143).
(b) Within the special maritime and territorial Words ‘‘within the special maritime and territorial
jurisdiction of the United States, jurisdiction of the United States’’ were added in view of
Whoever is guilty of voluntary manslaughter, definitive section 7 of this title, and section was rear-
shall be fined under this title or imprisoned not ranged to more clearly express intent of existing law.
Mandatory punishment provision was rephrased in
more than 15 years, or both; the alternative.
Whoever is guilty of involuntary man-
slaughter, shall be fined under this title or im- AMENDMENTS
prisoned not more than 8 years, or both. 1996—Pub. L. 104–132 substituted ‘‘seven years’’ for
‘‘three years’’.
(June 25, 1948, ch. 645, 62 Stat. 756; Pub. L. 1990—Pub. L. 101–647 struck out final period at end.
103–322, title XXXII, § 320102, title XXXIII, 1988—Pub. L. 100–690 substituted ‘‘shall, for an at-
§ 330016(1)(H), Sept. 13, 1994, 108 Stat. 2109, 2147; tempt to commit murder be imprisoned not more than
Pub. L. 104–294, title VI, § 604(b)(13), Oct. 11, 1996, twenty years or fined under this title, or both, and for
110 Stat. 3507; Pub. L. 110–177, title II, § 207, Jan. an attempt to commit manslaughter be imprisoned not
7, 2008, 121 Stat. 2538.) more than three years or fined under this title, or
both.’’ for ‘‘shall be fined not more than $1,000 or im-
HISTORICAL AND REVISION NOTES prisoned not more than three years, or both’’.
Based on title 18, U.S.C., 1940 ed., §§ 453, 454 (Mar. 4,
1909, ch. 321, §§ 274, 275, 35 Stat. 1143).
§ 1114. Protection of officers and employees of
Section consolidates punishment provisions of sec- the United States
tions 453 and 454 of title 18, U.S.C., 1940 ed. Whoever kills or attempts to kill any officer
The special maritime and territorial jurisdiction pro-
vision was added in view of definitive section 7 this
or employee of the United States or of any agen-
title. cy in any branch of the United States Govern-
Minor changes were made in phraseology. ment (including any member of the uniformed
services) while such officer or employee is en-
AMENDMENTS
gaged in or on account of the performance of of-
2008—Subsec. (b). Pub. L. 110–177 substituted ‘‘15 ficial duties, or any person assisting such an of-
years’’ for ‘‘ten years’’ in second par. and ‘‘8 years’’ for ficer or employee in the performance of such du-
‘‘six years’’ in last par. ties or on account of that assistance, shall be
1996—Subsec. (b). Pub. L. 104–294 repealed Pub. L.
punished—
103–322, § 320102(2). See 1994 Amendment note below.
1994—Subsec. (b). Pub. L. 103–322, § 330016(1)(H), sub-
(1) in the case of murder, as provided under
stituted ‘‘fined under this title’’ for ‘‘fined not more section 1111;
than $1,000’’ in last par. (2) in the case of manslaughter, as provided
Pub. L. 103–322, § 320102(3), substituted ‘‘six years’’ for under section 1112; or
‘‘three years’’ in last par. (3) in the case of attempted murder or man-
Pub. L. 103–322, § 320102(2), which provided for amend- slaughter, as provided in section 1113.
ment identical to Pub. L. 103–322, § 330016(1)(H), above,
was repealed by Pub. L. 104–294, § 604(b)(13). (June 25, 1948, ch. 645, 62 Stat. 756; May 24, 1949,
Pub. L. 103–322, § 320102(1)(B), which directed the ch. 139, § 24, 63 Stat. 93; Oct. 31, 1951, ch. 655, § 28,
amendment of subsec. (b) by inserting ‘‘, or both’’ after 65 Stat. 721; June 27, 1952, ch. 477, title IV,
‘‘years’’, was executed by inserting the material after § 402(c), 66 Stat. 276; Pub. L. 85–568, title III,
‘‘years’’ in second par., which was the first place the § 304(d), July 29, 1958, 72 Stat. 434; Pub. L. 87–518,
word appeared in text, to reflect the probable intent of § 10, July 2, 1962, 76 Stat. 132; Pub. L. 88–493, § 3,
Congress.
Pub. L. 103–322, § 320102(1)(A), inserted ‘‘fined under
Aug. 27, 1964, 78 Stat. 610; Pub. L. 89–74, § 8(b),
this title or’’ after ‘‘shall be’’ in second par. July 15, 1965, 79 Stat. 234; Pub. L. 90–449, § 2, Aug.
2, 1968, 82 Stat. 611; Pub. L. 91–375, § 6(j)(9), Aug.
EFFECTIVE DATE OF 1996 AMENDMENT 12, 1970, 84 Stat. 777; Pub. L. 91–513, title II,
Amendment by Pub. L. 104–294 effective Sept. 13, 1994, § 701(i)(1), Oct. 27, 1970, 84 Stat. 1282; Pub. L.
see section 604(d) of Pub. L. 104–294, set out as a note 91–596, § 17(h)(1), Dec. 29, 1970, 84 Stat. 1607; Pub.
under section 13 of this title. L. 93–481, § 5, Oct. 26, 1974, 88 Stat. 1456; Pub. L.
94–284, § 18, May 11, 1976, 90 Stat. 514; Pub. L.
§ 1113. Attempt to commit murder or man-
94–582, § 16, Oct. 21, 1976, 90 Stat. 2883; Pub. L.
slaughter
95–87, title VII, § 704, Aug. 3, 1977, 91 Stat. 520;
Except as provided in section 113 of this title, Pub. L. 95–616, § 3(j)(2), Nov. 8, 1978, 92 Stat. 3112;
whoever, within the special maritime and terri- Pub. L. 95–630, title III, § 307, Nov. 10, 1978, 92
§ 1114 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 316

Stat. 3677; Pub. L. 96–296, § 26(c), July 1, 1980, 94 the case of manslaughter, as provided under section
Stat. 819; Pub. L. 96–466, title VII, § 704, Oct. 17, 1112.’’ for ‘‘punished as provided under sections 1111 and
1980, 94 Stat. 2216; Pub. L. 97–143, § 1(b), Dec. 29, 1112 of this title,’’.
1992—Pub. L. 102–365 inserted ‘‘any officer or em-
1981, 95 Stat. 1724; Pub. L. 97–259, title I, § 128, ployee of the Federal Railroad Administration assigned
Sept. 13, 1982, 96 Stat. 1099; Pub. L. 97–365, § 6, to perform investigative, inspection, or law enforce-
Oct. 25, 1982, 96 Stat. 1752; Pub. L. 97–452, § 2(b), ment functions,’’ after ‘‘any employee of the Coast
Jan. 12, 1983, 96 Stat. 2478; Pub. L. 98–63, title I, Guard assigned to perform investigative, inspection or
§ 101, July 30, 1983, 97 Stat. 313; Pub. L. 98–473, law enforcement functions,’’.
title II, § 1012, Oct. 12, 1984, 98 Stat. 2142; Pub. L. 1991—Pub. L. 102–54 substituted ‘‘Department of Vet-
98–557, § 17(c), Oct. 30, 1984, 98 Stat. 2868; Pub. L. erans Affairs’’ for ‘‘Veterans’ Administration’’.
1990—Pub. L. 101–647, § 3535(3), which directed amend-
100–690, title VII, § 7026, Nov. 18, 1988, 102 Stat. ment of section by striking out ‘‘the Federal Savings
4397; Pub. L. 101–73, title IX, § 962(a)(6), Aug. 9, and Loan Insurance Corporation,’’ could not be exe-
1989, 103 Stat. 502; Pub. L. 101–647, title XII, cuted because that language had been struck out by
§ 1205(h), title XVI, § 1606, title XXXV, § 3535, Nov. Pub. L. 101–73. See 1989 Amendment note below.
29, 1990, 104 Stat. 4831, 4843, 4925; Pub. L. 102–54, Pub. L. 101–647, § 1606(3), which amended this section
§ 13(f)(2), June 13, 1991, 105 Stat. 275; Pub. L. identically to amendment by Pub. L. 101–647, § 3535(3),
102–365, § 6, Sept. 3, 1992, 106 Stat. 975; Pub. L. was repealed by Pub. L. 103–322, § 330011(g). See above.
Pub. L. 101–647, § 3535(1), (2), substituted ‘‘Secret Serv-
103–322, title VI, § 60007, title XXXIII, §§ 330009(c),
ice’’ for ‘‘secret service’’ and ‘‘any officer or employee
330011(g), Sept. 13, 1994, 108 Stat. 1971, 2143, 2145; of the Department of Education, the Department of
Pub. L. 104–132, title VII, § 727(a), Apr. 24, 1996, Health and Human Services,’’ for ‘‘any officer or em-
110 Stat. 1302; Pub. L. 104–294, title VI, § 601(f)(2), ployee of the Department of Health, Education, and
Oct. 11, 1996, 110 Stat. 3499; Pub. L. 107–273, div. Welfare,’’.
B, title IV, § 4002(c)(1), Nov. 2, 2002, 116 Stat. Pub. L. 101–647, § 1606(1), (2), which amended this sec-
1808.) tion identically to amendment by Pub. L. 101–647,
§ 3535(1), (2), was repealed by Pub. L. 103–322, § 330011(g).
HISTORICAL AND REVISION NOTES See above.
1948 ACT Pub. L. 101–647, § 1205(h), inserted ‘‘or any other com-
monwealth, territory, or possession’’ after ‘‘the Virgin
Based on title 18, U.S.C., 1940 ed., § 253 (May 18, 1934, Islands’’.
ch. 299, § 1, 48 Stat. 780; Feb. 8, 1936, ch. 40, 49 Stat. 1105; 1989—Pub. L. 101–73 struck out ‘‘the Federal Savings
June 26, 1936, ch. 830, title I, § 3, 49 Stat. 1940; Reorg. and Loan Insurance Corporation,’’ after ‘‘Federal De-
Plan No. II, § 4(f), eff. July 1, 1939, 4 F.R. 2731, 53 Stat. posit Insurance Corporation,’’ and substituted ‘‘the Of-
1433; June 13, 1940, ch. 359, 54 Stat. 391). fice of Thrift Supervision, the Federal Housing Finance
The section was extended to include United States
Board, the Resolution Trust Corporation’’ for ‘‘the Fed-
judges, attorneys and their assistants, and officers of
eral Home Loan Bank Board’’.
Federal, penal and correctional institutions in view of
1988—Pub. L. 100–690 struck out second comma after
the obvious desirability of such protective legislation.
‘‘terms of this section’’.
Employees of the Bureau of Animal Industry have
1984—Pub. L. 98–557 substituted reference to Coast
been included in this section to complete the revision
Guard member, and Coast Guard employee assigned to
of section 118 of title 18, U.S.C., 1940 ed., which was con-
perform investigative, inspection or law enforcement
solidated with the assault provisions of section 254 of
functions, for reference to any officer or enlisted man
said title 18 and is now section 111 of this title. There
of the Coast Guard.
seemed no sound reason for including such officers in
Pub. L. 98–473 inserted ‘‘or attempts to kill’’ after
the protection against assaults but excluding them
‘‘Whoever kills’’, substituted ‘‘or any United States
from the homicide sections.
probation or pretrial services officer, or any United
For like reasons the section was broadened to include
States magistrate, or any officer or employee of any
officers or employees of the Secret Service or of the
department or agency within the Intelligence Commu-
Bureau of Narcotics.
Changes in phraseology were made. nity (as defined in section 3.4(F) of Executive Order
12333, December 8, 1981, or successor orders) not already
1949 ACT covered under the terms of this section,’’ for ‘‘while en-
This section [section 24] amends section 1114 of title gaged in the performance of his official duties or on ac-
18, U.S.C., to conform more closely with the original count of the performance of his official duties’’, in-
statute from which it was derived. serted ‘‘, or any other officer, agency, or employee of
the United States designated for coverage under this
AMENDMENTS section in regulations issued by the Attorney General’’,
2002—Subsec. (b). Pub. L. 107–273 repealed amendment and inserted ‘‘, except that any such person who is
by Pub. L. 104–294. See 1996 Amendment note below. found guilty of attempted murder shall be imprisoned
1996—Pub. L. 104–132 reenacted section catchline for not more than twenty years’’.
without change and amended text generally, restruc- 1983—Pub. L. 98–63 inserted ‘‘any civilian official or
turing provisions by inserting par. designations and employee of the Army Corps of Engineers assigned to
substituting reference to section 1113 of this title and perform investigations, inspections, law or regulatory
general reference to killing or attempting to kill any enforcement functions, or field-level real estate func-
officer or employee of any agency in any branch of tions,’’ after ‘‘National Park Service,’’.
United States Government for more specific references 1983—Pub. L. 97–452 substituted ‘‘sections 3711 and
to killing or attempting to kill certain enumerated of- 3716–3718 of title 31’’ for ‘‘the Federal Claims Collection
ficers and employees of United States. Act of 1966 (31 U.S.C. 951 et seq.)’’.
Subsec. (b). Pub. L. 104–294, which directed substi- 1982—Pub. L. 97–365 struck out ‘‘or’’ before ‘‘any at-
tution in text of ‘‘1112,’’ for ‘‘1112.’’ and could not be ex- torney, liquidator, examiner, claim agent’’ and inserted
ecuted, was repealed by Pub. L. 107–273. See above. ‘‘, or any officer or employee of the United States or
1994—Pub. L. 103–322, § 330011(g), repealed Pub. L. any agency thereof designated to collect or com-
101–647, § 1606. See 1990 Amendment notes below. promise a Federal claim in accordance with the Federal
Pub. L. 103–322, § 330009(c), substituted ‘‘or any other Claims Collection Act of 1966 (31 U.S.C. 951 et seq.) or
officer or employee of the United States or any agency other statutory authority’’ before ‘‘shall be punished’’.
thereof’’ for ‘‘or any other officer, agency, or employee Pub. L. 97–259 inserted ‘‘or any officer or employee of
of the United States’’. the Federal Communications Commission performing
Pub. L. 103–322, § 60007, substituted ‘‘punished, in the investigative, inspection, or law enforcement func-
case of murder, as provided under section 1111, or, in tions,’’ after ‘‘or law enforcement functions,’’.
Page 317 TITLE 18—CRIMES AND CRIMINAL PROCEDURE § 1114

1981—Pub. L. 97–143 inserted ‘‘any officer or member EFFECTIVE DATE OF 2002 AMENDMENT
of the United States Capitol Police,’’ after ‘‘Drug En-
Pub. L. 107–273, div. B, title IV, § 4002(c)(1), Nov. 2,
forcement Administration,’’.
2002, 116 Stat. 1808, provided that the amendment made
1980—Pub. L. 96–466 inserted ‘‘or any officer or em-
by section 4002(c)(1) is effective Oct. 11, 1996.
ployee of the Veterans’ Administration assigned to per-
form investigative or law enforcement functions,’’ after EFFECTIVE DATE OF 1994 AMENDMENT
‘‘of the Department of Agriculture assigned to perform
investigative, inspection, or law enforcement func- Section 330011(g) of Pub. L. 103–322 provided that the
tions,’’. amendment made by that section is effective as of Nov.
Pub. L. 96–296 inserted ‘‘Interstate Commerce Com- 29, 1990.
mission,’’ after ‘‘Consumer Product Safety Commis- EFFECTIVE DATE OF 1980 AMENDMENT
sion,’’.
1978—Pub. L. 95–630 inserted ‘‘or any attorney, liq- Section 802(g)(3) of Pub. L. 96–466 provided in part
uidator, examiner, claim agent, or other employee of that the amendment made by section 704 of Pub. L.
the Federal Deposit Insurance Corporation, the Federal 96–466 is effective Oct. 17, 1980.
Savings and Loan Insurance Corporation, the Comp-
EFFECTIVE DATE OF 1978 AMENDMENT
troller of the Currency, the Federal Home Loan Bank
Board, the Board of Governors of the Federal Reserve Amendment by Pub. L. 95–630 effective on expiration
System, any Federal Reserve bank, or the National of 120 days after Nov. 10, 1978, see section 2101 of Pub.
Credit Union Administration engaged in or on account L. 95–630, set out as an Effective Date note under sec-
of the performance of his official duties’’ before ‘‘shall tion 375b of Title 12, Banks and Banking.
be punished’’.
Pub. L. 95–616 inserted ‘‘the Department of Com- EFFECTIVE DATE OF 1976 AMENDMENT
merce,’’. Amendment by Pub. L. 94–582 effective 30 days after
1977—Pub. L. 95–87 inserted ‘‘or of the Department of Oct. 21, 1976, see section 27 of Pub. L. 94–582, as amend-
the Interior’’ after ‘‘or of the Department of Labor’’. ed, set out as a note under section 74 of Title 7, Agri-
1976—Pub. L. 94–582 struck out ‘‘any employee of the culture.
Bureau of Animal Industry of the Department of Agri-
culture,’’ after ‘‘the field service of the Bureau of Land EFFECTIVE DATE OF 1970 AMENDMENTS
Management,’’ and inserted ‘‘or of the Department of Amendment by Pub. L. 91–513 effective on first day of
Agriculture’’ after ‘‘or of the Department of Labor’’. seventh calendar month that begins after Oct. 26, 1970,
Pub. L. 94–284 inserted ‘‘, the Consumer Product Safe- see section 704 of Pub. L. 91–513, set out as an Effective
ty Commission,’’ after ‘‘Department of Health, Edu- Date note under section 801 of Title 21, Food and Drugs.
cation, and Welfare’’. Amendment by Pub. L. 91–375 effective within 1 year
1974—Pub. L. 93–481 substituted ‘‘Drug Enforcement after Aug. 12, 1970, on date established therefor by
Administration’’ for ‘‘Bureau of Narcotics and Dan- Board of Governors of United States Postal Service and
gerous Drugs’’. published by it in Federal Register, see section 15(a) of
1970—Pub. L. 91–596 substituted ‘‘or of the Depart- Pub. L. 91–375, set out as an Effective Date note preced-
ment of Labor assigned to perform investigative, in- ing section 101 of Title 39, Postal Service.
spection, or law enforcement functions’’, for ‘‘des-
ignated by the Secretary of Health, Education, and EFFECTIVE DATE OF 1965 AMENDMENT
Welfare to conduct investigations, or inspections under
Amendment by Pub. L. 89–74 effective July 15, 1965,
the Federal Food, Drug, and Cosmetic Act’’.
see section 11 of Pub. L. 89–74.
Pub. L. 91–513 substituted ‘‘Bureau of Narcotics and
Dangerous Drugs’’ for ‘‘Bureau of Narcotics’’. SAVINGS PROVISION
Pub. L. 91–375 substituted ‘‘officer or employee of the
Postal Service’’, for ‘‘postal inspector, any postmaster, Amendment by Pub. L. 91–513 not to affect or abate
officer, or employee in the field service of the Post Of- any prosecutions for violation of law or any civil sei-
fice Department’’ after ‘‘Department of Justice,’’. zures or forfeitures and injunctive proceedings com-
1968—Pub. L. 90–449 substituted ‘‘any postal inspec- menced prior to the effective date of such amendment,
tor, any postmaster, officer, or employee in the field and all administrative proceedings pending before the
service of the Post Office Department’’ for ‘‘any post- Bureau of Narcotics and Dangerous Drugs on Oct. 27,
office inspector’’. 1970, to be continued and brought to final determina-
1965—Pub. L. 89–74 included any officer or employee tion in accord with laws and regulations in effect prior
of the Department of Health, Education, and Welfare to Oct. 27, 1970, see section 702 of Pub. L. 91–513, set out
designated by the Secretary of Health, Education, and as a note under section 321 of Title 21, Food and Drugs.
Welfare to conduct investigations or inspections under LIFE IMPRISONMENT OR LESSER TERM FOR KILLING
the Federal Food, Drug, and Cosmetic Act. PERSON IN PERFORMANCE OF INVESTIGATIVE, INSPEC-
1964—Pub. L. 88–493 inserted ‘‘or any security officer TION, OR LAW ENFORCEMENT FUNCTIONS
of the Department of State or the Foreign Service’’.
1962—Pub. L. 87–518 included employees of the Depart- Section 17(h)(2) of Pub. L. 91–596 provided that: ‘‘Not-
ment of Agriculture performing any function connected withstanding the provisions of sections 1111 and 1114 of
with any Federal or State program, or program of title 18, United States Code, whoever, in violation of
Puerto Rico, Guam, the Virgin Islands, or the District the provisions of section 1114 of such title, kills a per-
of Columbia, for control, eradication, or prevention of son while engaged in or on account of the performance
animal diseases. of investigative, inspection, or law enforcement func-
1958—Pub. L. 85–568 included officers and employees tions added to such section 1114 by paragraph (1) of this
of the National Aeronautics and Space Administration. subsection, and who would otherwise be subject to the
1952—Act June 27, 1952, substituted ‘‘any immigration penalty provisions of such section 1111 shall be pun-
officers’’ for ‘‘any immigrant inspector or any immi- ished by imprisonment for any term of years or for
gration patrol inspector’’. life.’’
1951—Act Oct. 31, 1951, substituted ‘‘the field service
IMMUNITY FROM CRIMINAL PROSECUTION
of the Bureau of Land Management’’ for ‘‘the field serv-
ice of the Division of Grazing of the Department of the Section 5 of Pub. L. 88–493 which provided that noth-
Interior’’. ing in Pub. L. 88–493, which amended this section and
1949—Act May 24, 1949, inserted ‘‘any officer, em- section 112 of this title, and enacted former section
ployee or agent of the customs or of the internal reve- 170e-1 of Title 5, Government Organization and Employ-
nue or any person assisting him in the execution of his ees, shall create immunity from criminal prosecution
duties’’. under the laws of any State, territory, possession,
§ 1115 TITLE 18—CRIMES AND CRIMINAL PROCEDURE Page 318

Puerto Rico, or the District of Columbia, is set out as such capacity, and any member of his fam-
a note under section 112 of this title. ily, while in the United States; and
§ 1115. Misconduct or neglect of ship officers (B) any person of a foreign nationality who
is duly notified to the United States as an
Every captain, engineer, pilot, or other person officer or employee of a foreign government
employed on any steamboat or vessel, by whose or international organization, and who is in
misconduct, negligence, or inattention to his the United States on official business, and
duties on such vessel the life of any person is de- any member of his family whose presence in
stroyed, and every owner, charterer, inspector, the United States is in connection with the
or other public officer, through whose fraud, ne- presence of such officer or employee.
glect, connivance, misconduct, or violation of
(4) ‘‘Internationally protected person’’
law the life of any person is destroyed, shall be
means—
fined under this title or imprisoned not more
(A) a Chief of State or the political equiva-
than ten years, or both.
lent, head of government, or Foreign Min-
When the owner or charterer of any steamboat
ister whenever such person is in a country
or vessel is a corporation, any executive officer
other than his own and any member of his
of such corporation, for the time being actually
family accompanying him; or
charged with the control and management of
(B) any other representative, officer, em-
the operation, equipment, or navigation of such
ployee, or agent of the United States Gov-
steamboat or vessel, who has knowingly and
ernment, a foreign government, or inter-
willfully caused or allowed such fraud, neglect,
national organization who at the time and
connivance, misconduct, or violation of law, by
place concerned is entitled pursuant to
which the life of any person is destroyed, shall
international law to special protection
be fined under this title or imprisoned not more
against attack upon his person, freedom, or
than ten years, or both.
dignity, and any member of his family then
(June 25, 1948, ch. 645, 62 Stat. 757; Pub. L. forming part of his household.
103–322, title XXXIII, § 330016(1)(L), Sept. 13, 1994,
(5) ‘‘International organization’’ means a
108 Stat. 2147.)
public international organization designated
HISTORICAL AND REVISION NOTES as such pursuant to section 1 of the Inter-
Based on title 18, U.S.C., 1940 ed., § 461 (Mar. 4, 1909, national Organizations Immunities Act (22
ch. 321, § 282, 35 Stat. 1144). U.S.C. 288) or a public organization created
Section restores the intent of the original enact- pursuant to treaty or other agreement under
ments, R.S. § 5344, and act Mar. 3, 1905, ch. 1454, § 5, 33 international law as an instrument through or
Stat. 1025, and makes this section one of general appli- by which two or more foreign governments en-
cation. In the Criminal Code of 1909, by placing it in gage in some aspect of their conduct of inter-
chapter 11, limited to places within the special mari-
time and territorial jurisdiction of the United States,
national affairs.
such original intent was inadvertently lost as indicated (6) ‘‘Official guest’’ means a citizen or na-
by the entire absence of report or comment on such tional of a foreign country present in the
limitation. United States as an official guest of the Gov-
ernment of the United States pursuant to des-
AMENDMENTS
ignation as such by the Secretary of State.
1994—Pub. L. 103–322 substituted ‘‘fined under this (7) ‘‘National of the United States’’ has the
title’’ for ‘‘fined not more than $10,000’’ in two places. meaning prescribed in section 101(a)(22) of the
§ 1116. Murder or manslaughter of foreign offi- Immigration and Nationality Act (8 U.S.C.
cials, official guests, or internationally pro- 1101(a)(22)).
tected persons (c) If the victim of an offense under subsection
(a) is an internationally protected person out-
(a) Whoever kills or attempts to kill a foreign
side the United States, the United States may
official, official guest, or internationally pro-
exercise jurisdiction over the offense if (1) the
tected person shall be punished as provided
victim is a representative, officer, employee, or
under sections 1111, 1112, and 1113 of this title.
agent of the United States, (2) an offender is a
(b) For the purposes of this section:
(1) ‘‘Family’’ includes (a) a spouse, parent, national of the United States, or (3) an offender
brother or sister, child, or person to whom the is afterwards found in the United States. As
foreign official or internationally protected used in this subsection, the United States in-
person stands in loco parentis, or (b) any other cludes all areas under the jurisdiction of the
person living in his household and related to United States including any of the places within
the foreign official or internationally pro- the provisions of sections 5 and 7 of this title
tected person by blood or marriage. and section 46501(2) of title 49.
(d) In the course of enforcement of this section
(2) ‘‘Foreign government’’ means the govern-
and any other sections prohibiting a conspiracy
ment of a foreign country, irrespective of rec-
or attempt to violate this section, the Attorney
ognition by the United States.
(3) ‘‘Foreign official’’ means— General may request assistance from any Fed-
(A) a Chief of State or the political equiva- eral, State, or local agency, including the Army,
lent, President, Vice President, Prime Min- Navy, and Air Force, any statute, rule, or regu-
ister, Ambassador, Foreign Minister, or lation to the contrary notwithstanding.
other officer of Cabinet rank or above of a (Added Pub. L. 92–539, title I, § 101, Oct. 24, 1972,
foreign government or the chief executive 86 Stat. 1071; amended Pub. L. 94–467, § 2, Oct. 8,
officer of an international organization, or 1976, 90 Stat. 1997; Pub. L. 95–163, § 17(b)(1), Nov.
any person who has previously served in 9, 1977, 91 Stat. 1286; Pub. L. 95–504, § 2(b), Oct. 24,
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 7 of 52 6

Christopher Earl Strunk, in esse Sui juris in propria persona


Post Office Box 70
Corinth, New York 12822
Ph: 518-416-8743 Email: chris@privateamericancitizen.org

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF NEW YORK
Civil Case No: 19-CV-202 DNH I CFH
x------------------------------------------------------------------------------------------------------------------x
In the matter of:

Christopher Earl Strunk, Individually of New York;


Plaintiff, Petitioner
versus

THE STATE OF NEW YORK etal.


Defendants/Respondents.
x------------------------------------------------------------------------------------------------------------------x
STRUNK DECLARATION IN SUPPORT OF AN ORDER TO SHOW CAUSE

FOR A PRELIMINARY INJUNCTION TO RESTRAIN

I. Based upon the Petition I Complaint with Exhibits A thru F filed on 14 February 2019,

appended herewith, as a declaratory supplement, this declaration of Christopher Earl Strunk, in

esse Sui juris in propria persona, a private national citizen of the United States of America and a

New York national, New Yorker, (Strunk) is in support of an order to show cause for the

Honorable David N. Hurd USDJ to issue a preliminary restraint of Respondents as time is of the

essence with imminent irreparable harm with no other adequate remedy at law and with a

likelihood of success since the 22 January 2019 enactment of the Reproductive Health Act

(RHA) that commits infanticide for unjust enrichment in New York; and subject to a hearing, a

permanent injunction of Respondents with different and other relief as the court may deem

necessary for justice herein.

2. Based upon the historical overview summary by Strunk and Phelps shown at Exhibit E,

on 4 March 1933, at the height of the Great Depression, Franklin Delano Roosevelt was
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 8 of 52

inaugurated as the 32nd president of the United States. In his inaugural address (see Exhibit G),

delivered outside the east wing of the U.S. Capitol, Roosevelt outlined his ''New Deal"-an

expansion of the federal government as an instrument of employment opportunity and welfare-

and told Americans that "the only thing we have to fear is fear itself. .. " to wage a war against the

emergency pledging the surety guarantee of the life and property of the people, quote:

"... If I read the temper of our people correctly, we now realize as we have never realized
before our interdependence on each other; that we can not merely take but we must give as
well; that if we are to go forward, we must move as a trained and loyal army willing to
sacrifice for the good of a common discipline, because without such discipline no progress is
made, no leadership becomes effective. We are. I know. ready and willing to submit our lives
and property to such discipline. because it makes possible a leadership which aims at a
larger good This I propose to offer. pledging that the larger purposes will bind upon us all
as a sacred obligation with a unity ofduty hitherto evoked only in time ofarmed strife.

With this pledge taken, I assume unhesitatingly the leadership of this great army of our
people dedicated to a disciplined attack upon our common problems.

Action in this image and to this end is feasible under the form of government which we have
inherited from our ancestors. Our Constitution is so simple and practical that it is possible
always to meet extraordinary needs by changes in emphasis and arrangement without loss of
essential form. That is why our constitutional system has proved itself the most superbly
enduring political mechanism the modem world has produced. It has met every stress of vast
expansion of territory, of foreign wars, of bitter internal strife, of world relations.

It is to be hoped that the normal balance of executive and legislative authority may be wholly
adequate to meet the unprecedented task before us. But it may be that an unprecedented
demand and need for undelayed action may call for temporary departure ftom that normal
balance o[public procedure.

I am prepared under my constitutional duty to recommend the measures that a stricken nation
in the midst of a stricken world may require. These measures, or such other measures as the
Congress may build out of its experience and wisdom, I shall seek, within my constitutional
authority, to bring to speedy adoption.

But in the event that the Congress shall fail to take one of these two courses, and in the event
that the national emergency is still critical, I shall not evade the clear course of duty that will
then confront me. I shall ask the Congress for the one remaining instrument to meet the
crisis--broad Executive power to wage a war against the emergency. as great as the power
that would be given to me ifwe were in fact invaded by a foreign foe ... " (emphasis by Strunk)

2
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 9 of 52

3. Then on 5 March 1933 FOR ordered by Proclamation 2038 (see Exhibit H), served on

all State Governors and their members of Congress quote:

"... that an extraordinary occasion requires the Congress of the United States to convene
in extra session at the Capitol in the City of Washington on the Ninth day of March, 1933, at
twelve o'clock, noon, of which all persons who shall at that time be entitled to act as
members thereof are hereby required to take notice ... " and

4. Then on 6 March 1933 FDR declared with Proclamation 2039 (see Exhibit I) a four-day

banking holiday applicable for Congress to order by 9 March 1933 that quote:

".. .in view of such national emergency ... in order to prevent the export, hoarding, or
earmarking of gold or silver coin or bullion or currency, do hereby proclaim, order, direct
and declare that from Monday, the Sixth day of March, to Thursday, the Ninth day of
March, Nineteen Hundred and Thirty-three, both dates inclusive, there shall be
maintained and observed by all banking institutions and all branches thereof located in
the United States of America, including the territories and insular possessions, a bank
holiday, and that during said period all banking transactions shall be suspended... "

5. Then on 9 March 1933, based upon the outline of Proclamation 2039, Congress enacted

the Emergency Banking Relief Act (EBRA), Public Law 1, 48 Stat. 1, in an attempt to stabilize

the banking system, as an amendment to the Trading with the Enemy Act of 1917 (TWEA), both

of which are still in effect 85 years later until this day (see Exhibit J). and that

6. Then based upon the EBRA, on 9 March 1933 FDR ordered Proclamation 2040 (see

Exhibit K) that the emergency remains, has been in effect continuously for 85 years to date,

under which Defendants are bound with a fiduciary duty in each State and or territory

accordingly with each Governor as a trustee with a fiduciary duty to safeguard all property

consecrated to guarantee financial security, and

7. That Defendants among those similarly situated are now in breach of that duty with their

act of imminent infanticide under color of the RHA and or to seek reimbursement for New York

Defendants etal. as scofflaws aiding and abetting illegal alien residence for unjust enrichment in

violation of 8 USC § 1324, 13 USC § 141 /Sec. 195, P.L. 94-171, 18 USC §611 and 2 USC §2a,

3
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 10 of 52

2 USC §6, 18 USC §1091 and related law as apply to Governor Cuomo's breach of fiduciary

duty under the 1933 Emergency Banking Relief Act and Proclamation 2040 continuing thirty-

one (31) emergency orders of the Commander-in-Chief; and

8. Based upon the foregoing, Strunk is the Executor for the pre-1933 United States of

America Trust registered with the Superior Court of Lamar County Georgia (see Exhibit L); and

9. Further, Strunk Complains of Defendants' infringement of Plaintiffs fundamental rights,

protected under the Constitution for the United States, that by the State of New York's Public

Officers malicious administration and enforcement duties under the 1933 Emergency Banking

Relief Act and Proclamation 2040 continuing thirty-one (31) emergency orders of the

Commander-in-Chief and related law

10. Further, that Defendants fail to protect the newborn chattel that safeguards the credit

worthiness of the United States of America on which Plaintiff depends; and

11. Further, that Defendants by conspiracy with State of New York's Public Officers and

others similarly situated jointly act with the Democratic Party National Committee use of illegal

aliens and

12. Further, Defendants contrive dependency of persons to increase their political base by

using distortionary economic policies to cause opposing groups to leave as evidenced by

population loss to the detriment of Plaintiff(s) among those citizens similarly situated with

natural and fundamental rights protected against infringement by of the Fourteenth Amendment

Section 1(I) and Section 2 (l) to the U.S. Constitution with related law; and

1
Section 1 of the Fourteenth Amendment: No state shall make or enforce any law which shall abridge the
privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or
property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
2
Section 2 of the Fourteenth Amendment: Representatives shall be apportioned among the several states
according to their respective numbers, counting the whole number of persons in each state , excluding Indians not
taxed. But when the right to vote at any election fOr the choice of electors for President and Vice President o(the

4
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 11 of 52

13. Further, Strunk contends under EBRA I Proclamation 2040 with related law, all persons

who have not ceased to be the surety are the property of the Emergency Government; and

14. Further, Strunk contends that even when the fetus is still attached to the mother by

umbilical cord is the property of the Emergency Government; and

15. Further, Strunk contends that when a fetus is detached from the mother at anytime during

the gestation is sustained in an incubator is the property of the Emergency Government; and

16. Further, Strunk contends that when a fetus is sustained in an incubator, it is the newborn

property of the Emergency Government; and

17. Further, Strunk contends that when a newborn is the property of the Emergency

Government the trustee Governor has a fiduciary duty to safeguard the property; and

18. Further, Strunk contends that when a fetus is detached from the mother at anytime during

the gestation is sustained in an incubator is the property of the Emergency Government; and

19. Notwithstanding the role of the Emergency Government under the EBRA I Proclamation

2040 and related law, that Roe v. Wade, 410 U.S. 113 (1973), a landmark decision issued in 1973

by the United States Supreme Court on the issue of the constitutionality of laws that criminalized

or restricted access to abortions, Case name: Jane Roe. eta/. v. Henry Wade : 410 U.S. 113, 93

S. Ct. 705 with subsequent Rehearing denied; therein states the unborn per se have never been

recognized in the law as a person(s) in the whole sense; while under the Emergency Government,

20. The mother and the unborn are recognized for government surety funding whether in pre-

natal and or natal care even when the newborn is not recognized in the law as a person in the

whole sense until a birth certificate is registered and name hypothecated as a surety indenture.

United States, Representatives in Congress, the executive and judicial officers of a state, or the members of the
legislature thereof, is denied to any ofthe male inhabitants ofsuch state. being twentv-one veqrs of age. and citizens
of the United States. or in any wqy abridged, except for participation in rebellion, or other crime, the basis of
representation therein shall be reduced in the proportion which the number of such male citizens shall bear to the
whole number of male citizens twenty-one years of age in such state.

5
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 12 of 52

WHEREFORE Petitioner I Plaintiff demands the Court order a:

A. Prohibitory restraining order of Defendants to cease and desist from acting under color of the

RHA or similar directive and or to receive the emergency government reimbursement; and

B. That the Court order a hearing for a permanent injunction; and

C. That the Court declare the fetus a newborn per se when separated from the mother, even

when sustained in an incubator; and

D. That the Court declare the newborn when separated from the mother, even when sustained in

an incubator, is a person per se and even when not duly registered with the state; and

E. Such other and different relief as the court judges necessary for justice herein

Accordingly, I, Christopher Earl Strunk, state, declare and verify that the above
STRUNK DECLARATION IN SUPPORT OF AN ORDER TO SHOW CAUSE FOR A
PRELIMINARY INJUNCTION TO RESTRAIN with Exhibits G thru Exhibit Las supplement
to the Petition with Complaint with Exhibits A thru F filed with the clerk of the Court 14
February 2019 is true and correct to the best of my knowledge and belief, and know the contents
thereof apply to me by misapplication and administration of laws and that the same is true to my
own knowledge, except as to the matters therein stated to be alleged on information and belief,
and as to those matters I believe it to be true, am available for testimony. The grounds of my
beliefs as to all matters not stated upon information and belief are as follows: 3rd parties, books
and records, and personal knowledge under penalty

Dated: February J 8 2019


Brooklyn, New York
Chnstopher Earl Strunk, in esse Sui juris
in propria persona
Post Office Box 70
Corinth, New York 12822
Ph: 518-416-8743
Email: chris@privateamericancitizen.org
All Rights Reserved Without Prejudice

6
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 13 of 52

Christopher Earl Strunk, in esse Sui juris in propria persona


Post Office Box 70
Corinth, New York 12822

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF NEW YORK
Civil Case No: 19-CV-202
x------------------------------------------------------------------------------------------------------------------x
In the matter of:

Christopher Earl Strunk, Individually of New York;


Plaintiff, Petitioner
versus

THE STATE OF NEW YORK etal.


Defendants/Respondents.
x------------------------------------------------------------------------------------------------------------------x
STRUNK DECLARATION IN SUPPORT OF AN ORDER TO SHOW CAUSE

FOR A PRELIMINARY INJUNCTION TO RESTRAIN

EXHIBIT '' G ''


2118/2019 Case 1:19-cv-00202-DNH-CFH Document
The Avalon Project 6 Address
: First Inaugural Filedof02/27/19 Page 14 of 52
Franklin D. Roosevelt

Ancient Medieval
151!! 1&h 171!! .1§.1!! 191!! 2o!!! £.1.2
Avalon Document Cenlu[Y. Centu[Y. CenturY. Cenlu[Y. Centu[Y. Cenlu[Y.
4000bce 400- Centu[Y.
Home Collections 1400- 1500- 1600- 1700- 1800- 1900-
-399 1399 2000-
1499 1599 1699 1799 1899 1999

First Inaugural Address of Franklin D. Roosevelt

SATURDAY, MARCH 4, 1933

I am certain that my fellow Americans expect that on my induction Into the Presidency I will
address them with a candor and a decision which the present situation of our Nation impels. This is
preeminently the time to speak the truth, the whole truth, frankly and boldly. Nor need we shrink from
honestly facing conditions in our country today. This great Nation will endure as it has endured, will
revive and will prosper. So, first of all, let me assert my firm belief that the only thing we have to fear is
fear itself-nameless, unreasoning, unjustified terror which paralyzes needed efforts to convert retreat
into advance. In every dark hour of our national life a leadership of frankness and vigor has met with
that understanding and support of the people themselves which is essential to victory. I am convinced
that you will again give that support to leadership In these critical days.

In such a spirit on my part and on yours we face our common difficulties. They concern, thank God,
only material things. Values have shrunken to fantastic levels; taxes have risen; our ability to pay has
fallen; government of all kinds is faced by serious curtailment of income; the means of exchange are
frozen in the currents of trade; the withered leaves of industrial enterprise lie on every side; farmers
find no markets for their produce; the savings of many years in thousands of families are gone.

More important, a host of unemployed citizens face the grim problem of existence, and an equally
great number toil with little return. Only a foolish optimist can deny the dark realities of the moment.

Yet our distress comes from no failure of substance. We are stricken by no plague of locusts.
Compared with the perils which our forefathers conquered because they believed and were not afraid,
we have still much to be thankful for. Nature still offers her bounty and human efforts have multiplied it.
Plenty is at our doorstep, but a generous use of it languishes In the very sight of the supply. Primarily
this is because the rulers of the exchange of mankind's goods have failed, through their own
stubbornness and their own Incompetence, have admitted their failure, and abdicated. Practices of the
unscrupulous money changers stand Indicted in the court of public opinion, rejected by the hearts and
minds of men.

True they have tried, but their efforts have been cast in the pattern of an outworn tradition. Faced
by failure of credit they have proposed only the lending of more money. Stripped of the lure of profit by
which to induce our people to follow their false leadership, they have resorted to exhortations, pleading
tearfully for restored confidence. They know only the rules of a generation of self-seekers. They have
no vision, and when there is no vision the people perish.

The money changers have fled from their high seats in the temple of our civilization. We may now
restore that temple to the ancient truths. The measure of the restoration lies in the extent to which we
apply social values more noble than mere monetary profit.

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Page 15 of 52

Happiness lies not in the mere possession of money; it lies in the joy of achievement, in the thrill of
creative effort. The joy and moral stimulation of work no longer must be forgotten in the mad chase of
evanescent profits. These dark days will be worth all they cost us if they teach us that our true destiny
is not to be ministered unto but to minister to ourselves and to our fellow men.

Recognition of the falsity of material wealth as the standard of success goes hand in hand with the
abandonment of the false belief that public office and high political position are to be valued only by the
standards of pride of place and personal profit; and there must be an end to a conduct in banking and
in business which too often has given to a sacred trust the likeness of callous and selfish wrongdoing.
Small wonder that confidence languishes, for it thrives only on honesty, on honor, on the sacredness of
obligations, on faithful protection, on unselfish performance; without them it cannot live.

Restoration calls, however, not for changes in ethics alone. This Nation asks for action, and action
now.

Our greatest primary task is to put people to work. This Is no unsolvable problem if we face it
wisely and courageously. It can be accomplished in part by direct recruiting by the Government itself,
treating the task as we would treat the emergency of a war, but at the same time, through this
employment, accomplishing greatly needed projects to stimulate and reorganize the use of our natural
resources.

Hand in hand with this we must frankly recognize the overbalance of population in our industrial
centers and, by engaging on a national scale in a redistribution, endeavor to provide a better use of the
land for those best fitted for the land. The task can be helped by definite efforts to raise the values of
agricultural products and with this the power to purchase the output of our cities. It can be helped by
preventing realistically the tragedy of the growing loss through foreclosure of our small homes and our
farms. It can be helped by insistence that the Federal, State, and local governments act forthwith on
the demand that their cost be drastically reduced. It can be helped by the unifying of relief activities
which today are often scattered, uneconomical, and unequal. It can be helped by national planning for
and supervision of all forms of transportation and of communications and other utilities which have a
definitely public character. There are many ways in which it can be helped, but it can never be helped
merely by talking about it. We must act and act quickly.

Finally, in our progress toward a resumption of work we require two safeguards against a return of
the evils of the old order; there must be a strict supervision of all banking and credits and investments;
there must be an end to speculation with other people's money, and there must be provision for an
adequate but sound currency.

There are the lines of attack. I shall presently urge upon a new Congress in special session
detailed measures for their fulfillment, and I shall seek the immediate assistance of the several States.

Through this program of action we address ourselves to putting our own national house in order
and making income balance outgo. Our international trade relations, though vastly important, are in
point of time and necessity secondary to the establishment of a sound national economy. I favor as a
practical policy the putting of first things first. I shall spare no effort to restore world trade by
international economic readjustment, but the emergency at home cannot wait on that accomplishment.

The basic thought that guides these specific means of national recovery is not narrowly
nationalistic. It is the insistence, as a first consideration, upon the Interdependence of the various
elements in all parts of the United States-a recognition of the old and permanently important
manifestation of the American spirit of the pioneer. It is the way to recovery. It is the immediate way. It
is the strongest assurance that the recovery will endure.

In the field of world policy I would dedicate this Nation to the policy of the good neighbor-the
neighbor who resolutely respects himself and, because he does so, respects the rights of others- the
neighbor who respects his obligations and respects the sanctity of his agreements in and with a world
of neighbors.

ht1p://avalon.law. yale.edul201h_centurylfroos 1.asp 214


211812019 Case 1:19-cv-00202-DNH-CFH Document
The Avalon Project 6 Address
: First Inaugural Filedof02/27/19 Page 16 of 52
Franklin D. Roosevelt

If I read the temper of our people correctly, we now realize as we have never realized before our
interdependence on each other: that we can not merely take but we must give as well; that if we are to
go forward, we must move as a trained and loyal army willing to sacrifice for the good of a common
discipline, because without such discipline no progress is made, no leadership becomes effective. We
are, I know, ready and willing to submit our lives and property to such discipline, because it makes
possible a leadership which alms at a larger good. This I propose to offer, pledging that the larger
purposes will bind upon us all as a sacred obligation with a unity of duty hitherto evoked only in time of
armed strife.
With this pledge taken, I assume unhesitatingly the leadership of this great army of our people
dedicated to a disciplined attack upon our common problems.

Action in this image and to this end is feasible under the form of government which we have
inherited from our ancestors. Our Constitution is so simple and practical that it is possible always to
meet extraordinary needs by changes in emphasis and arrangement without loss of essential form.
That is why our constitutional system has proved itself the most superbly enduring political mechanism
the modem world has produced. It has met every stress of vast expansion of territory, of foreign wars,
of bitter internal strife, of world relations.

It is to be hoped that the normal balance of executive and legislative authority may be wholly
adequate to meet the unprecedented task before us. But it may be that an unprecedented demand and
need for undelayed action may call for temporary departure from that normal balance of public
procedure.

I am prepared under my constitutional duty to recommend the measures that a stricken nation in
the midst of a stricken world may require. These measures, or such other measures as the Congress
may build out of its experience and wisdom, I shall seek, within my constitutional authority, to bring to
speedy adoption.

But in the event that the Congress shall fail to take one of these two courses, and in the event that
the national emergency is still critical, I shall not evade the clear course of duty that will then confront
me. I shall ask the Congress for the one remaining instrument to meet the crisis-broad Executive
power to wage a war against the emergency, as great as the power that would be given to me if we
were in fact invaded by a foreign foe.

For the trust reposed In me I will return the courage and the devotion that befit the time. I can do no
less.

We face the arduous days that lie before us in the warm courage of the national unity; with the
clear consciousness of seeking old and precious moral values; with the clean satisfaction that comes
from the stem performance of duty by old and young alike. We aim at the assurance of a rounded and
permanent national life.

We do not distrust the future of essential democracy. The people of the United States have not
failed. In their need they have registered a mandate that they want direct, vigorous action. They have
asked for discipline and direction under leadership. They have made me the present Instrument of their
wishes. In the spirit of the gift I take it.

In this dedication of a Nation we humbly ask the blessing of God. May He protect each and every
one of us. May He guide me in the days to come.

II Inaugural Sgeeches Page I

Avalon Document Ancient Medieval 15!!l 16!!l 17!b. l§.!b. 19!!l 2o!!l 21§!
Home Collections 4000bce 400- Centu['f. Centu['f. Centu['f. Centu('f. Centu['f. Centu['f. Centu['f.
-399 1399 2000-

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Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 17 of 52

Christopher Earl Strunk, in esse Sui juris in propria persona


Post Office Box 70
Corinth, New York 12822

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF NEW YORK
Civil Case No: 19-CV-202
x------------------------------------------------------------------------------------------------------------------x
In the matter of:

Christopher Earl Strunk, Individually of New York;


Plaintiff, Petitioner
versus

THE STATE OF NEW YORK etal.


Defendants/Respondents.
x------------------------------------------------------------------------------------------------------------------x
STRUNK DECLARATION IN SUPPORT OF AN ORDER TO SHOW CAUSE

FOR A PRELIMINARY INJUNCTION TO RESTRAIN

EXHIBIT ''H''
211812019 Case 1:19-cv-00202-DNH-CFH Document
Proclamation 6 Filed
2038 - Wikisource, 02/27/19
the free online library Page 18 of 52

Proclamation 2038
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

WHEREAS public interests require that the Congress of the United States should be convened in extra
session at twelve o'clock, noon, on the Ninth day of March, 1933, to receive such communication as
may be made by the Executive;

Now, THEREFORE, I, FRANKUN D. RoosEVELT, President of the United States of America, do hereby
proclaim and declare that an extraordinary occasion requires the Congress of the United States to
convene in extra session at the Capitol in the City of Washington on the Ninth day of March, 1933, at
twelve o'clock, noon, of which all persons who shall at that time be entitled to act as members thereof
are hereby required to take notice.

IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the great seal of the United
States.

FRANKLIN D. RoosEVELT

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Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 19 of 52

Christopher Earl Strunk, in esse Sui juris in propria persona


Post Office Box 70
Corinth, New York 12822

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF NEW YORK
Civil Case No: 19-CV-202
x------------------------------------------------------------------------------------------------------------------x
In the matter of:

Christopher Earl Strunk, Individually ofNew York;


Plaintiff, Petitioner
versus

THE STATE OF NEW YORK etal.


Defendants/Respondents.
)(------------------------------------------------------------------------------------------------------------------)(
STRUNK DECLARATION IN SUPPORT OF AN ORDER TO SHOW CAUSE

FOR A PRELIMINARY INJUNCTION TO RESTRAIN

EXHIBIT ''I''
211812019 Case 1:19-cv-00202-DNH-CFH Document
Proclamation 6 Filed
2039 - Wikisource, 02/27/19
the free online library Page 20 of 52

Proclamation 2039
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

WHEREAS there have been heavy and unwarranted withdrawals of gold and currency from
our banking institutions for the purpose of hoarding; and

WHEREAS continuous and increasingly extensive speculative activity abroad in foreign


exchange has resulted in severe drains on the Nation's stocks of gold; and

WHEREAS those conditions have created a national emergency; and

WHEREAS it is in the best interests of all bank depositors that a period of respite be
provided with a view to preventing further hoarding of coin, bullion or currency or
speculation in foreign exchange and permitting the application of appropriate measures
to protect the interests of our people; and

WHEREAS it is provided in Section s(b) of the Act of October 6, 19_!1 (40 Stat. L 411), as
amended, ''That the President may investigate, regulate, or prohibit, under such rules
and regulations as he may prescribe, by means of licenses or otherwise, any transactions
in foreign exchange and the export, hoarding, melting, or earmarkings of gold or silver
coin or bullion or currency ..."; and

WHEREAS it is provided in Secti<!n 16 of the said Act "That whoever shall willfully violate
any of the provisions of this Act or of any license, rule, or regulation issued thereunder,
and whoever shall willfully violate, neglect, or refuse to comply with any order of the
President issued in compliance with the provisions of this Act, shall, upon conviction, be
fined not more than $1o,ooo, or, if a natural person, imprisoned for not more than ten
years, or both ...";

Now, THEREFORE, I, FRANKUN D. RoosEVELT, President of the United States of America, in


view of such national emergency and by virtue of the authority vested in me by said Act
and in order to prevent the export, hoarding, or earmarking of gold or silver coin or
bullion or currency, do hereby proclaim, order, direct and declare that from Monday, the
Sixth day of March, to Thursday, the Ninth day of March, Nineteen Hundred and Thirty-
three, both dates inclusive, there shall be maintained and observed by all banking

https://en.wikisource.orglwiki/Proclamation_2039 1/3
211812019 Case 1:19-cv-00202-DNH-CFH Document
Proclamation 6 Filed
2039 - Wikisource, 02/27/19
the free online libraryPage 21 of 52

institutions and all branches thereof located in the United States of America, including
the territories and insular possessions, a bank holiday, and that during said period all
banking transactions shall be suspended.

During such holiday, excepting as hereinafter provided, no such banking institution or


branch shall pay out, export, earmark, or permit the withdrawal or transfer in any
manner or by any device whatsoever, of any gold or silver coin or bullion or currency or
take any other action which might facilitate the hoarding thereof; nor shall any such
banking institution or branch pay out deposits, make loans or discounts, deal in foreign
exchange, transfer credits from the United States to any place abroad, or transact any
other banking business whatsoever.

During such holiday, the Secretary of the Treasury, with the approval of the President
and under such regulations as he may prescribe, is authorized and empowered (a) to
permit any or all of such banking institutions to perform any or all of the usual banking
functions, (b) to direct, require or permit the issuance of clearing house certificates or
other evidences of claims against assets of banking institutions, and (c) to authorize and
direct the creation in such banking institutions of special trust accounts for the receipt of
new deposits which shall be subject to withdrawal on demand without any restriction or
limitation and shall be kept separately in cash or on deposit in Federal Reserve Banks or
invested in obligations of the United States.

As used in this order the term "banking institutions" shall include all Federal Reserve
Banks, national banking associations, banks, trust companies, savings banks, building
and loan associations, credit unions, or other corporations, partnerships, associations or
persons, engaged in the business of receiving deposits, making loans, discounting
business paper, or transacting any other form of banking business.

$.--~b~,Jr
FRANKUN D. RoosEVELT

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Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 22 of 52

Christopher Earl Strunk, in esse Sui juris in propria persona


Post Office Box 70
Corinth, New York 12822

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF NEW YORK
Civil Case No: 19-CV-202
x------------------------------------------------------------------------------------------------------------------x
In the matter of:

Christopher Earl Strunk, Individually of New York;


Plaintiff, Petitioner
versus

THE STATE OF NEW YORK etal.


Defendants/Respondents.
x------------------------------------------------------------------------------------------------------------------>e
STRUNK DECLARATION IN SUPPORT OF AN ORDER TO SHOW CAUSE

FOR A PRELIMINARY INJUNCTION TO RESTRAIN

EXHIBIT '' J''


Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 23 of 52

PUBLIC LAWS OF THE SEVENTY-THIRD CONGRESS


OJ' TUB

UNITED STATES OF AMERIOA


Pasaed ~ the~rat aession, which 1008 begun and held at the city of Washington, in the
DiBtrict o Oolu~1 on Thlurad4y, the nimh day of March, 1989, and '1.008 adjourned
without yon priml,y, the Bizleenth day of June, 19!J!J.
FBANniN D. RoosEVELT, President; JoHN N. GARNER.&..Vice President; KEY PITTMAN,
President of the Senate pro tempore; HENRY T . .1(.AINEY, Speaker of the House
of Representatives.

[CHAPTER 1.]
AN ACT
To provide relief in the existing national emergency in banking, and (Slr other
purposes. · .-
Jiluot 9
i~r.f·
No. 1.)
Be it enACted by the Seruzte and Hmue -t>(Representati1Je8 of the
Unit8d States of .America in Congress tiBBembled That the Con- Natloul bank·
Jres8 hereby declares that a ~rio~ emergency and that it is ~::=u, declared
exUts
1m~tively necessary ~dily to put into effect remedies of emtiJII.
umform national apphcatton.
TITLE I
SBCrioN. 1. The actions, regulations, rules, licenses, orders and ~ :~~.~~~~~
proclamations heretofore or hereafter taken, promul_gated, made, or Mar!\' 4. 1933; Dp-
Jssued by the President of the ltnited States or the Secretary of the pr~ p. 343.
Treasury since March 4, 1983, pursuant to the authority conferred Enem~lfrt. ~~d~
by subdivision (b) of section 5 of the Act of October 6, 1917, as Vol. 40, PP· 4111, Ull6:
amended, arc hereby approved nnd confirmed. ~acb~~DPtex·
SEc. 2. Subdivision (b) of section 5 of the Act of October 6, 1917
(40 Stat. L. 411) 1 as amended, is hereby amended to read as follows: PJ~~n:•
=.
b~U:~~na or

"(b) During ttme of war or during any other _period of national uoua1 emurpuey. •
emergency declared by the President, the President may, through
any agency that he may designate, or otherwise, investigate, rellUlate,
or prohibit, under sncli rules and regulations as he may prescn'be, by
means of licenses or otherwise, any transactions in foreign exchange,
transfers of credit between or payments by banking institutions as
defined by the President, and eX}K)rt, hoarding, melting, or ear-
marking of g~ld or silver coin or bUllion or currency, by any person
within the United States or any place subject to the junsdiction
thereof; and the President may require any pel'BOn engaged in any ColDpubor7 lelli-
transaction referred to in thiS subdivision to furnish under oath IDOIQ', e&o.
complete information relative thereto, including the production ;;£
any books of account, contracts, letters or other pape~ in connec-
tion therewith in the custody or control of such person, e1ther before
or after such transaction is compl~ Whoever willfully 'Violates Pntalrrnet flllr ~
any of the provisions of this subdivision or of any Jiceu~ o&:d JaUa.
l'll1e or re~ation issued thereunder, shall, upon convicti~ be
not ~ than $10,000, or, if a DatUral penon, may be hDpriaoued
1
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 24 of 52

2 73d CONGRESS. SESS. I. CH. 1. MARCH 9, 1933.

for not more than ten years, or both; and any officer, director, or
asent of any corpor~tion who ~owinglY. pa~ticipates in such
VIola.tion may be purushed by a like fine, unpriSonmen~, ~r .both.
"Perscm" COD&tmed• .ABused in this subdivision the term '~rson' means an mdiVIdual,
partnership, association, or corporation."
Federal Reserve Act, Sw. 3. Section 11 of the Federal Reserve Act is amended by
am~ded. 752. adding at the end thereof the following new subsection:
~impound- "(n) Whenever in the judgment of the Secretary of the Treas_ury
IDgofgold. such action is necessary to protect the currenca system of the United
tary or~. States, the Secretary of the Treasury, m his Iscretion, may req~re
AUtbori of Beer& • • • • •

any or all individuals, partnerships, associations and corporatiOns


to pay and deliver to the Treasurer of the United States any or all
gold coin, gold b~on, an~ @:old certificates o~ed b_I such in?i-
Excbauge lor aD7 viduals, partnerships, associations and corporations. Upon receipt
~form of eorrti110Y. of such gold coin, gold bullion or gold cet:tificates, the Secretary
of the Treasury shall pay therefor an eqmvalent amount of any
other form of coin or currency coined or I~ed under the laws of
~ tzaD&o the United States. The Secretary of the Treasury shall :pay all
porta.Uon costs of the transportation of such gold bullion, gold certificates
coin, or currency, including the cost of insurance, protection, and
Hoardin~ms:tc., such other incidental costs as may be reasonably necessary. .An.y
deemedano • individual, partnership, association, or corporation failing to comply
with any requirement of the Secretary of the Treasury made under
Penalty. this subSection shall be subject to a penalty equal to twice the value
of the gold or gold certificates in respect of which such failure
occurred, and such pe11alty ma;r be collected by the Secretary of the
Treasury ]>y suit or otherwise.'
tJ~~the:d SEO. 4. In order to provide for the safer and more effective oper-
Federal Beserve BJ&- ation of the National Banking System and the Federal Reserve
~~ . System, to preserve for the people the full benefits of the currency
a1on. etc., piovl~. provided for b:y the Congress tb.J:ough the N ationa! Banking System
and the Feder& Reserve System, and to relieve interstate commerce
of the burdens and obstructions resulting from the receipt on an
unsound or unsafe basis of d~osits subject to withdrawal by check,
during such emergency period as the President of the United States
Proolomatjnn. by proclamation may prescribe, no member bank of the Federal
Reserve System shall transact any banking business except to such
extent ancf subject to such reg!J.lations, limitations and restrictions as
may be prescribed b7. the Secretnry of the Treasll!1, with the
Ptmalt#'lllrvfoJatfoD. approval of ~e .Premdent. ~y individual, partnership, corpora-
ti~ or assoCiation, or any cl.iiector, officer or employee thereof
violating any of the provisions of this section shall b6 deemed I!UiltY
of a miSdemeanor and., upon conviction thereof, shall be fine(! not
more than $10,000 or, i:f a natural person\ may, in addition to such
J!:: day a separate .fine, be impriso!led !or a ~ not exceeding ten years. Each day
that any such VIolation continues shall be deemed a separate offense.
TITLE n
&o. 201. This titl~ may. be ~ted as the " Bank Conservation Act.''
"Dank C911Sel'V8Uon
Act."
t."'itatlon of tWe.
Terms ecmstnuld. SEO. 202. As used m this title, the term "bank" means (1) an
Po&t. p. '12.
nati~ bankin~ ~ociation, and (2) any bank or trust compan~
l<?~ m the pistr,ict of Columbia and operat~ under the su er-
VlSlon of the Comptroller of the Currency. and the term " sta1e "
m~~y17~tate, Territory, or possession of the United States and
thev~~~ '
th SEC. ~· rene~~:,~e shall deem it necessary in order to conserve
Ccmsnators.

e asses o any ua.u.A for the benefit of the depositors and other.
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 25 of 52

i3d CO~GRESS. SESS. I. CH. 1. ~lARCH 9, 1933. 3


creditors thereof, the Comptroller of the CurrE.>nc~ may appoint a Appolotment.
. o f h'1m sueI1 ond lUlu
conserva t or f or sue I1 ban k an d rE.>qmre .l
secur1'ty Bond, etc., rettuir\'d.
as the Comptroller of the Currency deems proper. The con- ~: talco ovr:r au
servator, under the direction of the Comptroller, shall take possession s, a.._.ts, etc.
of the books, records, and assets of every description of such bank,
and take such action as may be necessary to conserve the assets of
such bank pending further disposition of its business as provitlecl
by law. Such conservator shall have all the rights, powers, and u:~~r
8
aod obUga·
privileges now possessed by or hereafter given receivers of insolvent •
national banks and shall be subject to the obligations and penalties,
not inconsistent with the provisions of this title, to which receivers
are now or may hereafter become subject. During the time that such IUghts under.
conservator remains in possession of such bank, the rights of all
parties with respect thereto shall, subject to the other provisions
of this title, be the same as if a receiver had been appointed therefor.
All expenses of any such consen•atorship shall be paid out of the vaf:l:J::' ur ~·
assets of such bank and shall be a lien tlicreon which shall be prior
to any other lien provided by this Act or otherwise. The conservator Bolary.
shall receive as salary an amount no greater than that paid to
employees of the Federal Government for similar services.
Szo. 204. The Comptroller of the Currency shall cause to be made
such examinations of the affairs of such bank as shall be necessary
=.
18 examloatloD;

to inform him as to the financial condition of such bank and the


examiner shall make a report thereon to the Comptroller of the Cur-
rency at the earliest practicable date. T
SEc. 205. If the Comptroller of the Currency becomes satisfied that ser~~onn:~ 0::
it may safely be done and that it would be in the public interest, he =:ptlonofbaDkbusl-
may, m his discretion, terminate the conservatorshi.P and permit such ·
barik to resume the transaction of its business subJect to such terms,
conditions, restrictions and limitations as he may rrescribe.
SEc. 206. While such bank is in the hands o the conservator wt~~~::1s de:s':=;:
appointed by the Comptroller of the Currency, the Coml>troller may ~g's:~ I'Tedlt~t.orse~
require the conservator to set aside and make avaiJab e for with- e ) oonsena ·
drawal by depositors and payment to other creditors, on a ratable
basis, such amounts as in tlie opinion of the Comptroller may snfely
be used for this purpose; and the Comptroller may, in his cliscrc- 1t8('tli&)t ''' •lf!lllllltt.~.
tion, permit the conservator to receive deposits, but deposits recei"ed
while the bank is in the hands of the ('Onservo.tor shall not be subject no\'~~~ft""h\~~~ 110111
to any limitation as to payment or withdrawal, and such depoNits
shall be segregated nn~ sl}all not be us~d to liquidate any indebted- u:n~!:.'~ic.re>:trfo.
ness of such bank ex1shng ot the bme that a conservator was
appointed for it, or any subsequent indebtedness incurred for the
purpose of liquidating any indebtedness of such bank existing at the
time such conservator was appointed. Such delosits received while 1o!:a~ kept on lwld
the bank is in the hands of the conservator shal be kept on han<l in
cash, invested in the direct obligations of the United States, or
deposited with a Federal reserve bank. The Federal reserve banks S:s;ste
be llot'COUDts to
are hereby authorized to o~n and maintain separate deposit e ·
accounts for such purpose, or for the ~urpose of receiving deposits
from State officials in charge of State banks under sfinilar
circumstances.
SEc. 207. In any reorganization of any national banking associa- ~~~loa.
tion under a plan of a kind which, under existing law, requires the Rect~meota. etc.
consent, as the case may be (o.) of depositors and other creditors
J
or (b) of stockholders or ( e of both depositors and other creditors
and stockholders, such reor~ization shall become eftective only (1) A ptOVaJ of Compo
when the Comptroller of the Currency shall be satisfied that the plan ~.
of norganizabon is fair and equitable as to all depositors, other cred-
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 26 of 52

4 73d CONGRESS. SESS. I. CH. 1. MARCH 9, 1933.


itors a.nd stockholders and is in the public inter~. and sha~ h!l've
a_pproved the plan subject to such conditions1. restrictions and ~ta.~
t 1ons as he may prescribe and (2) when, a~er reasonable .notice of
ocmsent of d~goat" such reorganization, as the case may r~mre, (A) depoSitors ~d
=t~~~ e~ other creditors of such bank representmg at least 'l5 per cent m
' amount of its total deposits and other liabilities as shown by the
or stockholdera. books of the national banking association or (B) stockholders own-
ing at least two-thirds of its outstanding capital stock as sho~ by
D~ and other the books of the national ban.king association or (C). both depOSitors
cre4l and other creditors representing at least 'l5 per cent 1n amount of the
total deposits and other liabilities and stockholders owning at least
two-thir<ls of its outstan~ capital stock as shown by ~e boo~. of
the national banking associatio~ shall have consented m "!TT~
Prc:Mo. to the plan of reor~tion: Y1•0'Vided, h011Jever, That clauns o1
ded~ c1alms to be depositors or other creditors which will be satisfied in full under the
provisions of the plan of reor~ation shall not be included among
the total deposits and other liabilities of the national banking asso-
ciation in determining the 'l5 per cent thereof as above provided.
~Jspostas.:: ef!. r:; When such reorganization becomes effective, all bookst records, and
~on. • assets of the national banking association shall be disposed of in
accordance with the provisions of the plan and the a:ffa.irs of the
national banking association shall be conducted by its board of
directors in the manner provided by the plan and under the condi-
1 tions, restrictions and llinitations which may have been :prescribed
~~ to app.., b_y the Comptroller of the Currency. In any reorganization which
shall have been a.pproved and shall have become e1fective as provided
herein, all de:J?OSltors and other creditors and stockholders of SUch
national banlang association, whether or not they shall have con-
sented to such plan of reorganization, shall be fully and in all
respects subject to and bound by its provisions, and claims of all
depositors and other creditors shall be treated as if they had con-
sented to such plan of reorganization.
Begregatfan of de- S:mo. 208. After fifteen days after the a1fairs of a bank shall have
JI08lta w cease. been turned back to ita board of directors by the conservator, either
with or without a reorganization as provided in section 207 hereof,
·the provisions of section 206 of this title with respect to the segre-
gation of deposits received while it is in the hands of the conservator
and with respect to the use of such deposits to liquidate the indebted-
~· before ~ ness of such bank shall no longer be e:ffective: PrO'Vided, That before
lDgbaekCODtrol. the conservator shall turn baCk the aifairs of the bank to its board
of directors he shnll cause to be published in a newspaper published
in the city, town or county in which such bank is located, and if no
newspaper is published in such city, town or county, in a newspaper
to be selected b:y tho Comptroller of the Currency published in the
State in which the bank is located, a notice in form approved by the
Comptroller, stating the date on which the affairs of the bank will
be returned to its board of directors and that the said provisions of
~ftttnlsbedeaoh section 206 will not be 6ifective after fifteen days after such date•
· and o!l the ~ate of the publication of such notice the conserva.to;
shallllllDlediately send tO every person who is a depositor in such
bank under section 206 a copy of such notice by registered mail ad_
dressed to the last known address of such person as shown by the
~cords of the bank, and the conservator shall send similar notice in
~ manner to every person making deposit in such bank under sec-
fi!on 206 after the <!ate of such newspaper publication and before the
time when the a1fwl'B of the bank are returned to its directors.
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 27 of 52

73d CONGRESS. SESS. I. CH. 1. MARCH 9, 1933. 5


SEc. 209. Conservators appointed pursuant to the provisions of this Provta1ons govena!Dg
title shall be subject to the provisions of and to the penalties pre- co~~~.p.t007;
scribed by section. 5209 of tne Revised Statutes (U. S. C., Title 12 U:Q;,?.-3~~P~~~:6.
sec. 592) ; and sections 112, 113, 114, 115, 116 and 117 of the Criminal Vol. 40, p.m.
Co<le oi the United States (U. S. C., Title 18, sees. 202, 2031 204, 205,
206 and 207), in so far as a.Pplicable are extended to apply to con-
tracts, ~greements, proceedmgs, deallngs, claims and controversies
by or wtth any such conservator or the Comptroller of the Currency
under the provisions of this title.
SEc. 210. Nothing in this title shall be construed to impair in any Powers ot PresJdeDt,
manner any powers of the President, the Secretary of the Treasury, etc., not Impaired.
the Comptroller of the Currency, or the Federal Reserve Board.
SEO. 211. The Comptroller of the Currency is hereby authorized Rules to be Pl'eo
and empowered, with the approval of the Secretary of the Treasury, scribed.
to prescribe such rules and regulations as he may deem necessary m
order to carry out the ~rovisions of this title. Whoever violates any
rule or regulation made pursuant to this section shall be deemed
guilty of a misdemeanor and, upon conviction thereof, sha.ll be fined
not more than $5,000, or imprisoned not more than one year, or both.
TITLE III
SEC. 301. Notwithstanding any other provision of law, any national ~=~·
banking association may, with the approval of the Comptroller of Pool. p. 147. •
the Currency and by vote of shareholders owning a majority of the sh=~3~rsby vote of
stock of such association, upon not less than five days' notice, given ·
by registered mail pursuant to action taken by its board of directors
issue preferred stock in such amount and with such par value as shatl ec.cAmouut, par wJue.
be approved by said Comptroller, and make such amendments to its ·
articles of association as may be necessary for this pul'{)ose; but, in
the case of any newly orgamzed national banking assoCiation which
has not yet issued common stock, the r~guirernent of notice to ami
vote of Shareholders shall not apply. No issue of preferred stock Payment.
shall be valid until the par value of all stock so issued shall be paid in.
Sm 302. (a) The holders of such preferred stock shall be entitled }!!!':' enf.s
to cumulative dividends at a rate not exceeding 6 per centum per 'p. ·
annum, but shall not be held individually responsible as such holders h \•luhlllty nr !dlare-
for any debts, contracts, or engagements of such association and shall "• ""'·
not be liable for assessments to restore impairments in the capital of
such associatton ttllnow provid~d by law -w:ith refe~:qce to hqlders of
common stock. ~otwtthstandmg any other provtston of Jaw, the foo1Jun 11 rljlu••·
holders of such preferred stock shall have such voting rights, and
such stock shall be subject to retirement in such manner and on such sf Retirement JllOvf.
terms and conditions, as may be provided in the articles of associa- ons.
tion with the approval of the Comptroller of the Currency.
(b) No dividends shall be declared or paid on common stoCk until Prtorny.
the cumulative dividends on the prefert:ed stock shall have been paid
in full; and, if the asweiation is .Placed in volUntary liquidation or a
conservator or a receiver is appomted therefor, no payments shall be
made to the holders of the common stock until the holders of the
preferred stock shall have been Pl!id in full the par value of such
Stock plus all accumulaW dividends.
SEO. 303. The term "common stock" as used in this title means DeftDltlolls.
"Common stcet. ••
stock of national banking associations other than preferred stock
issued under the provisions of this title. The term "ca\!~ 1llll!d •• _..._•
in provisions of law relating to the capital of national · asso-
ciations shall mean the amount of unimpaired common plus
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 28 of 52

6 73d CONGRESS. SESS. I. CH. 1. MARCH 9, 1933.


the amount of preferred stock outstanding and unimpaired; and the
"Oapttal atooJt.'' term " capital stock ", as used in section 12 of the Act of M!Lrch 14,
1900 shall mean only tho amount of common stock outstanding.
ReconstmcUon Ff. s~. 804. If in the opinion of the Secretary of the Treasury any
Da!lC8 Oorporatton. national b~ assoCiation or any Stat-e bank or trust company
r~~on for pre. is in need of funtts for ca,Pital purposes either ~n ~onnecti~n with the
Poll, P. 21. organization or reorgaruza.tion of sue~ assomat10n, Sta:te bank ~r
trust company or otherwise, he mayt With the approval of the PreSl-
dent r~uest the Reconstruction Fmance Corporation to subscribe
for preferred stock in such association, State bank or trust company,
or to make loa.Ds secured by such stock as collateral, and the Recon-
Sale or, pe.rmttted. struction Finance Corporation may comply 'Yith such request. The
Reconstruction Finance Corporation may, Wlth the approval of the
Secretary of the Trea~ and under such rules an~ regulations as
he may prescribe, sell m the open market or othel"WlBe the whole or
any part of the preferred stock of any Mtional banki~ association,
State bank or trust company ~uired by the Corporation pursuant
Increaso or outstand- to this section. The amount of notes, bonds, debentures, and other
~~bUgatkms author- such obligations which the Reconstruction Finance Corporation is
authorized and empowered to issue and to have outstanding at ~fil
one time under existing law is hereby increased by an amount s -
cient to carry out the provisions of this section.
TITLE IV
FederaJBeserveAct, SEO. 401. The sixth paragraph of Section 18 of the Federal
nm~~;,ts. p. 269. Reserve Act is amended to read as follows:
~~· P 288. "Upon the deposit with the Treasurer of the United States, (a)
~elit:y at~ of any direct obligations of the United States or (b) of any notes,
u:I!~bon~ 21
etc. drafts, bills of exchange, or banke~' acceptances acquired under
Poll. P. • the provisions of this Act, any Federal reserve bank making such
deposit in the manner prescljood by the Secretary of the Treasury
shall be entitled to receive from the ComJ.>troller of the Cur-
rency circulating notes in blank, duly reg~stered a.tld counter-
Amount orJssoe. signed. When such circulating notes are issued against the security
of obJkations of the United States, the amount of such circulating
notes sliall be equal to the face value of the direct obli~tions of the
United States so deposited as security; and, when issued against the
h~cm•ity of notcs1 drafts, bills of exchange and bankers' acceptances
au:quired under tne provisions of this Act the amount thereof shall
be equal to not more than 90 per cent of the estpnated value of such
Value, use, eto.
notes, drafts, bills of exchange and bankers' acceptances so deposited
us security. Such notes slilill be the obligations of the Federal
reserve bank: procuring the same, shall be in form prescribed by the
Secreta!Y of the Treasury, shall be receivable at par in all parts of
Redemption.
the Umted States for the same purposes as are national bank notes
and shall be redeemable in lawful money of the United States o:rr
presentation at the United States Treasury or at the bank of issue.
Th~ Secretar:J: of the Tre~ is authorized and empowered to pre-
sc~be regulations govet:nmg the issuance, redemption replacement
Tu retiremen~ an.d destructio!l of such circulating notes ~d the releas~
· and supst1tution of secunty therefor. Such circulating notes shall
be subJect t~ the same tax as is provided by law for the circula~
notes of national banks secured by 2 per cent bonds or the Unite(!
em:r::u!; =-~ States. No such circ~lating notes shall be issued under this para-
em!PUon: ~rraph after the President has declared by proclamation that the
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 29 of 52

i3d CONGRESS. SESS. I. CH. 1. MARCH 9, 1933. 7


emergency recognized by the President by proclamation of March
6, 1933, has terminated, unless such circulating notes are secured by
deposits of bonds of the United States bearing the circulation priv-
ilege. When required to do so by the Secretary of the Treasuryl Agent ol 'rreu.-IJ.l'eJ'
each Federal reserve afent shall act as agent of the Treasurer ot ~=J~oller or tbe
the United States or o the Comptroller of the Currencyl..or both,
for the _performance of any of the functions which the Treasurer
or the Comptroller may be called upon to perform in carrying out
t~e ~rovisions of this.p~ragrap~. Appropnations availa~le for dis- Bums avaDable ror
81
tmctive paper and prmtmg Umted States cun-ency or national bank peuses.
currency are hereby made available for the production of the circu-
lating notes of Federal reserve banks herein provid:kbut the United Reimbursement.
States shall be reimbursed by the Federal reserve b to which such
notes are issued for all expenses necessarily incurred in connection
with the procuring of such notes and all other expenses incidental to
their issue, redemption1 replacement, retirement and destruction."
S£0. 402. Section 10\ b) of the Federal Reserve Act, as amended, Volded.f7, p. 56.
is further amended to read as follows: Ts.c., supp. VI,
"SEo. 10(b). In exceptional and exigent circumstances, and when P·lrVBDCaStomamber
any member bank has no further eligible and acceptable assets avail- ~w~n:g:~le
able to enable it to obtain adequate credit accommodations through ~t~ 0!'
rediscountin~ at the Federal reserve bank or any other method pro- Pwt,p.:n.
vided by thiS Act other than that provided by section 10 (a), any
Federal reserve bank, under rules and regulations prescribed by the
Federal Reserve Board, may make advances to such member bank Security.
on its time or demand notes secured to the satisfaction of such Fed-
eral reserve bank. Each such note shall bear interest at a rate not JDterest.
less than 1 per centum per annum higher than the highest discount
rate in effect ot such Federal reserve bank on the date of such note.
No advance shall be made under this section after March 3, 1934, or JbpllaUon.
after the eXJ>iration of such additional period not exceeding one year
as the PresiClent may prescribe."
Sm. 403. Section 13 of the Federal Reserve Act, as amended, is
amended by adding at the end thereof the following new paragraph:
" Subject to such limitations, restrictions and regulat1ons as the AdvaDCel to llldi-
Federal Reserve Board ma}' .P.rescribe, any Federal reserve bank may vlduala. etc.
make advances to any indiVIdual, partnership or corporation on the
promissory notes of such individual partnership or corporation
secured by direct obligations of the Umted States. Such advances Bec:urltJ, latttrut,
shall be made for periOds not exceeding 90 da1s and shall bear inter- otc.
est at rates fixed from time to time by the Federal reserve bank,
subject to the review and determination of the Federal Reserve ~ p. 28•
Board.,
TITLE V
SBO. 501. There is hereby appropriated, out of any money in the
Treasury not otherwise appropriated, the sum of $2,000 000, which
shall be available for expenditure, under the direction of the Presi-
dent and in his discretion, for any purpose in connection with the
ca~ng out of this Act.
SEC. 502. The ript to alter, amend, or repeal this Act is hereby Armmdtnent, etc.
expressly reserved. If any provision of this Act, or the appJ.ication Savblg provJsfoo.
thereof to any person or circumstances is held invailid, the
remainder of tlie Act, and the application of such provision to other
persons or circumstances, shall not be a«ected thereby.
Approved, March 9, 1933, 8.30 p. m.
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 30 of 52

Christopher Earl Strunk, in esse Sui juris in propria persona


Post Office Box 70
Corinth, New York 12822

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF NEW YORK
Civil Case No: 19-CV-202
x------------------------------------------------------------------------------------------------------------------x
In the matter of:

Christopher Earl Strunk, Individually of New York;


Plaintiff, Petitioner
versus

THE STATE OF NEW YORK etal.


Defendants/Respondents.
x------------------------------------------------------------------------------------------------------------------x
STRUNK DECLARATION IN SUPPORT OF AN ORDER TO SHOW CAUSE

FOR A PRELIMINARY INJUNCTION TO RESTRAIN

EXHIBIT ''K''
2118/2019 Proclamation 2040 - Wikisource, the free online library
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 31 of 52

Proclan1ation 2040
BY THE PRESIDENT OF THE UNITED STATES OF AMERICA.

A PROCLAMATION.

WHF..REAS on March 6, 1933, I, FRANKLIN D. RoosEVELT, President of the United States of America, by
Proclamation declared the existence of a national emergency and proclaimed a bank holiday
extending from Monday the 6th day of March to Thursday the 9th day of March, 1933, both dates
inclusive, in order to prevent the export, hoarding or earmarking of gold or silver coin, or bullion or
currency, or speculation in foreign exchange; and

WHEREAS, under the Act of March 9, 1933, all Proclamations heretofore or hereafter issued by the
President pursuant to the authority conferred by sectio~_S (b) of the Act of October 6, 1917, as
amended, are approved and confirmed; and

WHEREAS, said national emergency still continues, and it is necessary to take further measures
extending beyond March 9, 1933, in order to accomplish such purposes:

Now, THEREFORE, I, FRANKLIN D. Roosi!."VELT, President of the United States of America, in view of such
continuing national emergency and by virtue of the authority vested in me by Section 5 (b) of the Ac!
~f October 6, 1917 (40 Stat. L. 411), as amended by the Act of March 9, 1933, do hereby proclaim,
order, direct and declare that all the terms and provisions of said Proclamation of March 6, 1933, and
the regulations and orders issued thereunder are hereby continued in full force and effect until
further proclamation by the President.

IN WITNF.SS WHEREOF, I have hereunto set my hand and have caused the seal of the United States to be
affixed.

DoNE in the District of Columbia, this 9th day of March, in the Year of our Lord One Thousand Nine
Hundred and Thirty three, and of the Independence of the United States the One Hundredth and
Fifty-seventh.

FRANKLIN D. ROOSEVELT

https://en.wiklsource.org/wiki/Proclamation_2040 112
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 32 of 52

Christopher Earl Strunk, in esse Sui juris in propria persona


Post Office Box 70
Corinth, New York 12822

UNITED STATES DISTRICT COURT


FOR THE NORTHERN DISTRICT OF NEW YORK
Civil Case No: 19-CV-202
x------------------------------------------------------------------------------------------------------------------x
In the matter of:

Christopher Earl Strunk, Individually of New York;


Plaintiff, Petitioner
versus

THE STATE OF NEW YORK etal.


Defendants/Respondents.
x------------------------------------------------------------------------------------------------------------------x
STRUNK DECLARATION IN SUPPORT OF AN ORDER TO SHOW CAUSE

FOR A PRELIMINARY INJUNCTION TO RESTRAIN

EXHIBIT ''L ''


Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 33 of 52

DEPUTY CLERK •
NOTICE OF ACCEPTANCE OF APPOINTMENT AS THE EXECUTOR I SETI'LOR OF THE

EXPRESS DEEP IN TRUST TO THE UNITED STATES OF AMERICA

Pl,fiASE TAKE NOTICE that this is the acceptance by Christopher Earl Strunk in esse Sui juris
private citizen of the United States the secured beneficiary agent of the Debtor Trust transmitting utility
ntCHRISTOPHER EARL STRUNK-e. of'tbe Aprii2S, 2014 appointment to perform the public
duties or EXECUTOR and SE'M'LOR Cor the EXPRESS DEED IN TRUST TO THE UNITED
STATES OF AMERICA as the beneficial claim by its Beneficiary(ies): in esse Sui
juris private citizen of the United States the secured beneficiary agent of the Debtor Trust transmitting
utility 2 • , see the Original DEED in TRUST herewith labeled by SETTLOR at the
lower left hand corner of each of fifteen pages "Exhibit A" (TRUST); and on April 26, 2014 by the
BENEFICIARY AMENDMENT TO THE EXPRESS DEED IN TRUST TO THE UNITED STATES
OF AMERICA as the beneficial claim by Beneficiary in esse Sui juris private
citizen of the United States the secured beneficiary agent of the Debtor Trust transmitting utility
see the Original BENEFICIARY AMENDMENT herewith labeled
by SETTLOR at the lower left hand corner ..Exhibit A-2"
I. Christopher Earl Strunk in esse Sui juris private citizen of the United States the secured
beneficiary agent of the Debtor Trust transmitting utility TMCHRISTOPHER EARL STRUNK" have by
my amended status publicly recorded same with the Clerk of the Superior Court of Georgia for Lamar
County at BPA BOOK 30 PAGES 763 thru 800 on December 5, 2013 at 9:54AM that thereafter is duly
registered with the United States Secretary of the Treasury accepted there on January 21, 2014 at
4:22AM in recognition of and for account Accrual and
• • • • • • • • and am located for service at 593 Vanderbilt Avenue PMB 281 Brooklyn, New
York zip code excepted 11238 Cell Phone: 845-901-6767 Email: cbri§@strunk..ws,
I, Christopher Earl Strunk in esse Sui juris private citizen of the United States the secured
beneficiary agent, based upon the condition of his natural birth and the terms of the definition of
"natural-born Citizen ·• (NBC) according to the DEED in TRUST shown in Exhibit A, am NBC evidenced
by the above duly recorded and registered filing, and am eligible to be SETTLOR herein.
I, Christopher Earl Strunk in esse Sui juris private citizen of the United States the secured
beneficiary agent hereby accept. the responsibilities and duties necessary to duly serve this TRUST
publicly without beneficial interest until further written notice unanimously approved by undersigned
Beneficiaries and be reimbur&ed for my duly recorded time and expense acceptable to the Beneficiaries.
I. Christopher Earl Strunk in esse Sui juris private citizen of the United States the secured
beneficiary agent as is my public duty as EXECUTOR and SE'M'LOR (SETTLOR) to notify the
Beneficiaries in writing of my actions to enact rules, change rules, communication involving the
enforcement of the claim necessary to maintain the beneficial interest in the TRUST and will seek
approval for all affirmative challenges to be undertaken in the enforcement of the TRUST mandate
expressed in the document shown as Exhibit A, and report monthly to Beneficiaries in writing.
I. the SETTLOR am acting in a public capacity having no beneficial interest in the TRUST per se for
the benefit of the Beneficiaries who may remove SETTLOR at will, and for all those "natural-born
1 of3
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 34 of 52
LAMAR COUNTY. GA. SUPERIOR COURT
~~Qjffft1?rDE2~N c ~~ ICE
i BPA BOOK BIZ PAGES.....,~
l DEPUTY CLERK ~
d itizens" other than who are private citizens of the United States who have a secured beneficial interest
~ the TRUST but have not become a beneficiary, with the understanding that as directed by the
~eneficiaries that more beneficiaries may be added as directed to be reported monthly in writing.
1 I, the SETTLOR prior to this acceptance has ascertained, and hereby certify that I have reviewed and will
review the Status of all DEED in TRUST Beneficiaries now and in the future, and must find each is a
"hatural-born Citizen" who is the in esse Sui juris private citizen ofthe United States secured beneficiary
I

agent for the Debtor Trust Transmitting Utility registered with the United States Secretary of the Treasury,
ahd will maintain a record of the Beneficiaries, present and future status, and report monthly to Beneficiaries
1
if writing to include any new member of the DEED in TRUST Beneficiaries by amendment.
, I, the SETTLOR hereby notify Beneficiaries that prior to this acceptance and becoming the secured
~eneficiary agent of Debtor Trust CHRISTOPHER EARL STRUNK, that on January 23, 2009, did duly
~vately fire BARACK HUSSEIN OBAMA II, for being ineligible for the Office of President of the United
States (POTUS) and Commander-in-chief: duly served notice upon he and his agents accordingly to no avail of
lfw to date see the eight (8) page document marked by me as ''Exhibit B" at the lower left hand comer of each
Of the pages preceded by SETTLOR's Amdayit ofT!'Uth as to being a true and accurate copy of the original.
i I, the SETTLOR hereby notify Beneficiaries that in anticipation of the necessity of my full time devotion to
remove the POTUS USURPER sought early beneficial use of Social Security funds vested since 1990 rather
than wait until age 67, and as such have dwindled my life time expectation as an expense for which I gave
notice to the USURPER. Attorney General, Secretary of Commerce and Secretary ofTreasury of intent to file a
mplevin demand for my USA property beneficial interest as personal damages that on November 10, 2009
P;laintiff in 08-cv-2234 (RJL), 10-cv-00486 (RCL) did file in the United States District Court for the District of
Columbia Judicial Notice of Replevin Demand with compensatory damages of$21,656,250.00 in the
Washington District of Columbia as a result of damages incurred by Petitioner from after January 20, 2009
With the USURPER incumbent ineligibility to office of POTUS failure to leave office when "fired" herewith
~rked as Exhibit C by SETTLOR.
I, the SETTLOR hereby notify Beneficiaries that there has been a complete absence of legal remedy to
date to remove the POTUS USURPER, and therefore with Beneficiaries' permission SETTLOR intends to seek
pure equity relief in the Washington District of Columbia United States District Court to enforce and protect
t,he Beneficiaries' equity claim to this DEED in TRUST at the earliest time possible and will report monthly in
'friting of the status of such undertaking.
: I. the SETTLOR hereby notify Beneficiaries that on 4 March 2014 the New York State Supreme Court
J..,pellate Division for the Second Department Judicial panel sitting in review of Appellant's Amicus motion in
Appeal Cases 2012-05515, 2013-06335 and 2014-00297 from orders in the trial court for Index No: 6500-2011,
to my demand that it provide "for civilian due process of laul' rather than the continued martial due process of
law under statutory direct authority of the POTUS Commander-in-chief over the de facto Federal and New
tork State Unified Court System courts under statutory authority of 12 USC 95 and 50 USC App. 5(b)
<j>RDERED to deny "for civilian due process of law" (see Exhibit D>.
I I, the SETTLOR hereby notify Beneficiaries that be is the Plaintiff in New York State Supreme Court for
the County of Kings active Cases with Index No's: 29642-2008 and 21948-2012 that are scheduled for a non
j~ry trial on 18 June 2014, in that SETTLOR intends to enforce and protect the Beneficiaries' equity claim to
~his DEED in TRUST therein also; and SETTLOR at the earliest time possible will report monthly in writing
~f the status of such undertaking, with the understanding that SETTLOR has secured the expert testimony of
~2) two expert witnesses for the trial: U.S. Citizen Paul Edward lrey (retired document expert and publisher),
2 of3
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 35 of 52
LAMAR COUNTY. GA. SUPERIOR COURT
FILED & ROEO IN CLE~ S 0 CE
AT (.

DEPUTY CLERK •
d the British Subject, Michael Shrimpton, Esq., a Barrister to the Queens's Bench and expert Intelligence

I, the SETTLOR hereby notify Beneficiaries that as a matter of fact based upon the evidence that
before Kenya became an independent state in 1963, BARACK HUSSEIN OBAMA II aka BARRY
~OETORO aka SOEBARKAH has admitted in the 1996 autobiography "Dreams From My Father" based
Jpon his own biography used by the Publisher to promote Book sales for 16 years, that he was born in
Ntombasa Kenya of a natural father who was both a subject of the British Throne and of the Sultanate of
Zanzibar, and, according to a knowledgeable member of the intelligence community consulting with
SETTLOR herein, is born of a mother, out of wedlock to his natural father, who is a Indonesian citizen,
alnd as such renders the incumbent of the POTUS, a USURPER, because in keeping with the DEED in
I
TRUST by the NBC definition shown in Exhibit A, BARACK HUSSEIN OBAMA II is not NBC.
I
I, the SETTLOR hereby notify Beneficiaries that this original document and the original documents
ihcluding
I
amendment(s) to which this DEED in TRUST is based including my Affidavit of Truth as to
those
;
documents annexed in Exhibit that are true and accurate copies shall be filed with the Clerk of the
~uperior Court of Georgia for Lamar County before any further public action by SETTLOR shall take
place, and that upon such recording color copies of the original shall be provided to the Beneficiaries
accordingly along with SETTLOR's next monthly status repor
'
Further Affiant Sayeth Not.
I1 ~ A&~r
"""=:::::>""is:;;..to_p_h_er_E_ar_l_S_trunk
___in_es-se Sui juris secured beneficiary
agent of the Debtor Trust transmitting utility
ntCHRISTOPHER EARL STRUNK©
Private Citizen of the United States of America
Private Citizen of the State of New York
Private Resident of the County of Kings
All Rights Reserved Without Prejudice

THE STATE OF NEW YORK )


}ss
THE COUNTY OF KINGS )

BEFORE ME, on this day personally appeared Christopher Earl Strunk known to me to be the
person described herein NOTICE OF ACCEPTANCE OF APPOINTMENT AS THE EX:ECUTQR
I SETTLOR OF THE EXPRESS DEED IN TRUST TO THE UNITED STATES OF AMERICA
and who solemnly affirmed under the penalties of perjury that every statement given above was the
whole truth to the best of his knowledge.

Subscribed and Sworn before me on this cl ~day of April, 2014.

,.
.
-"

.
" .
.. Notary~ KAMAL P. S0!\11
Notary Pubhc, Slate of New York
No 01506089949
.,,:,.. '•
3 ofS Qualified in Kmgs Coum.,
.1 ').i•,.~.~. . t. CommiSSIOn Exo1res March 31. 2015
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 36 of 52

DEPUTY CLERK

EXPRESS DEED IN TRUST TO THE UNITED STATES OF AMERICA


I
WITH BENEFICIARY DISCRETION FOR PRIVATE CITIZENS OF THE UNITED STATES WHO
ARE TRUE NATURAL-BORN CITIZENS UNDER THE UNITED STATES CONSTITUTION
I ARTICLE 2 SECTION 1 CLAUSE 5 AND NOT SURETY-INDENTURES FOR THEIR
RESPECTIVE DEBTOR TRUST ENTITY UNDER 12 USC 95 AND 50 USC APP. 5(b) MARTIAL
i GOVERNMENT WITH A CONTINUING NATIONAL EMERGENCY
I

This Express Deed in Trust is a claim of beneficial interest in and over all the public and private
rJw, personal, tangible and intangible Property within THE UNITED STATES OF AMERICA geographic
bJrder to safeguard and secure for the posterity of WE the People of the United States of America in the
r4tion given by GOD for securing each private Citizen's unalienable rights and beneficial interest in
pursuit of life liberty and happiness in perpetuity, and with the Executor and Beneficiaries duty to this
I

Trust shall guarantee that all incumbents and future candidate(s) for the Office of President or Vice
Presidentofthe United States (POTUS) shall be a bonafide Natural-Born Citizen (NBC) private citizen of
t~e United States agent who is surety no more to the Debtor Trust Entity in compliance with the United
S~tes Constitution Article 2 Section 1 Clause 5, either under 12 USC 95 and 50 USC App. 5(b) with the
Military Government authority of renewed annual National Emergency or otherwise (DEED in TRUST).

That this NATION of THE UNITED STATES OF AMERICA is a gift from GOD, not men. according
tQ the Declaration of Independence in CONGRESS, July 4, 1776 as the unanimous Declaration of the
Fteemen of the thirteen united States of America state, quote:

''ljVIum in the Course of human events, it becomes necessary for one people to dissolve the political bands
uifl,ich have connected them with another, and to assume among the powers of the earth, the separate and
equal station to which the Laws of Ngture and of Nature's God entitle them, a decent respect to the
opinions of mankind requires tlaat they shorlld declare the causes which impel them to the separation.
I
"1)ve hold these truths to be self-evident. tlaal all men gre creqted eaual. tlaat they are endowed by their
G'feator with certain unalienable Rights. that among these are Life. Liberty and the pursuit of Happiness.
i
"1'laat to secure these riglats, Governments are institrtted among Men, deriving their just powers from the
cdll&ent of the gqverned. That whenever any Form of Government becomes destructive of these ends, it is the
'!!{:F,tof the People to alter or to abolish it, and to institute new Government, laying its foundation on such
p 'nciples and organizing its powers in such form, as to them shall seem most likely to effect their Safety
a~ Happiness. Prudence, indeed, will dictate that Governments long established should not be changed
for light and transient COWles; and accordingly all experience laath shewn, that mankind are more disposed
t~ suffer, while evils are sufferable, than to right themselves by abolishing the forms to whicla they are
a~customed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces
a /design to reduce them under absolute Despptism, it is their right, it is their duty, to throw off such
Governmet!t, and to provide new Gt.UJFds for their future security ... "
I
' e Preamble to the ~natltutl~n of the United States provides.Authority. and p~ declares:

~e the People of the Unded States, &n Order to form a more perfect Unwn, establtsh Just&ce. msure
df'mestic Tranquility, provide for the common defence, promote the general Welfare, and secure the
Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United
Slates of America.
I
Exhibit A Page 1 of 15
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 37 of 52
LAMAR COUNTY. GA. SUPERIOR COURT
t~m'lf4ROE ,!N C'-1R S IC& 2
BPA BOOK ?te PAGES·...w~
' DEPUTY ClERK tt'J!I
~t WE the People are only those private Citizens under GOD, not public citizens under men, and that
gufantee within this Nation that each Private Citizen's unalienable rights and beneficial interest is
secure in perpetuity as long as the Sovereign People of this Nation act under GOD as expressed in the
BJk of Isaiah Chapter 55 Verse 1 thru 5, hereafter quoting from the King James Version of the Bible:
I
I
I

i 1. Ho, every one that thirsteth, come ye to the waters, and he that hath no money; come ye, buy, and
eat; yea, come, buy wine and milk without money and without price.
2. Wherefore do ye spend money for that which is not bread? and your labour for that which
satiefieth not? hearken diligently unto me, and eat ye that which is good, and let your soul delight
itself in fatness.
3. Incline your ear, and come unto me: hear, and your soul shall live; and I will make an everlasting
covenant with you, even the sure mercies of David.
!4. Behold, I have given him for a witness to the people, a leader and commander to the people.
' 5. Behold, thou shalt call a nation that thou knowest not, and nations that knew not thee
shall run unto thee because of the LORD thy God, and for the Holy One of Israel; for be
hath glorified thee.

That the geographic border and size of this NATION ofTHE UNITED STATES OF AMERICA
including its population according to the Census of 2010 is depicted in the map and chart below with a
m~ showing public and private land that includes the coastal waters out to the limit of 200 miles as
foliows:
Federal Govemmeat Lands In the U.S.

~~-

Page 2 ofl6
---------------------------------------
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 38 of 52

That the "natural-born Citizen"


Clause expressed in the ratified U.S.
Constitution Article 2 Section 1
Clause 5 was imposed by the People
of New York with emphasis that was
expressed as displeasure in the July
26, 1788 ratification document of
what should have been, quote:
"That no Persons except natural hom
Citizens, or such as were Citizens on
or before the fourth day of July one
thousand seven hundred and seventy
six, or such as held Commissions
under the United States during the
War, and have at any time since the
fourth day of July one thousand seven
hundred and seventy six become
Citizens of one or other of the United
States, and who shall be Freeholders,
shall be eligible ro the Places of
President. Vz.ce President. or Members
of either House of the Congress of the
United States. "
And the People of New York
warned:
That the Powers of Government may
be reassumed by the People.
whensoever it shall become
necessary ro their Happiness; that
every Power, Jurisdiction and right,
which is not by the said
Constitution clearly delegated to the
Congress of the United States, or the
departments of the Government
thereof. remains to the People of the
several States, or to their respective
State Governments to whom they
may have granted the same: And
that those Clauses in the said
Constitution, which declare, that
Congress shall not have or exercise
certain Powers, do not imply that
Congress is entitled to any Powers
not given by the said Constitution,·
but such Clauses are to be conslnted
either as exceptions to certain
specified Powers, or as inserted
merely for greater Caution.

Exhibit A Page 3 o£15


!
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 39 of 52

Ii That the Natural-born Citizen clause does NOT derive from the term of art "natura~-
born Subject", but instead was derived from ancient consideration of GOD's Natural Law as expressed
in l'areece by the works of Aristotle and carried forward for use in Roman law by the works of Cicero.
Aristotle did not define citizenship like the English did in the English common law in which they
di~ not give any relevancy to the citizenship of the child's parents, provided the parents were not
diplomats or military invaders. Aristotle included in the definition of a "citizen" a person "of whom both
th~ parents are citizens." U) It is this definition which was handed down through the millennia through
th~ law of nations and which the Founders and Framers adopted for the new republic. We also see that
th~I then Supreme Court of the United States (SCOTUS) in Minor v. Happersett, 88 U.S. (21 Wall.) 162
(1875) (Minor) (decided after the Fourteenth Amendment was adopted in 1868) held that "all children
bo~n in a country of parents who were its citizens became themselves, upon their birth, citizens also. These
w~re natives or natural-born citizens, as distinguished from aliens or foreigners" informed that a person
who became a citizen by being born in the country to "citizen" parents was known in common law with
which the Framers were familiar as a "natural-born citizen." How do we know that the Founders and
Frkmers looked to Aristotle's view of citizenship? We learn from the historical record that Supreme Court
Ju~tice James Wilson wrote in 1791: '"Generally speaking,' says the great political authority, Aristotle, a
' is one p,artaking equally of power and of subordination.' ... In Wilson's view, "a citizen of
citizen
Pernsylvania is he, who has resided in the state two years; and, within that time, has paid a state or
county tax: or he is between the ages of twenty one and twenty two years, and the son of a citizen." James
W~son, 1st commentaries on the Constitution. Here we clearly see Wilson referring to what could only be
a "natural born Citizen" as "the son of a citizen."
i We also know that the Founders and Framers studied Roman law. The Framers were well read in
th~ Roman and Greek classics as is expounded upon in their writings in the Federalist Papers. Jefferson

1
.t;instotle also gave us a definition of a "natural born Citizen." In "Politics, Book Three, Part II, Aristotle, writing in
350 B.C.E., as translated by Be~amin Jowett, gave us his definition of citizenship:
"Partll
But in practice q citizen is defined to be one of wlwm bqth the parents are citizeM; others insist on
going further back; say to two or three or more ancestors. This is a short and practical definition but there
are some who raise the further question: How this third or fourth ancestor came to be a citizen? Gorgias of
Leontini, partly because he was in a difficulty, partly in irony, said- 'Mortars are what is made by the
mortar-makers, and the citizens of Larissa are those who are made by the magistrates; for it is their trade to
make Larissaeans.' Yet the question is really simple, for, if according to the definition just given they shared
in the government, they were citizens. This is a better definition than the other. For the words, 'born of a
father or mother who is a citizen,' cannot possibly apply to the first inhabitants or founders of a state.

There is a greater difficulty in the case of those who have been made citizens after a revolution, as by
Cleisthenes at Athens after the expulsion of the tyrants, for he enrolled in tribes many metics, both
strangers and slaves. The doubt in these cases is, not who is, but whether he who is ought to be a citizen;
and there will still be a furthering the state, whether a certain act is or is not an act of the state; for what
ought not to be is what is false. Now, there are some who hold office, and yet ought not to hold office, whom
we describe as ruling, but ruling unjustly. And the citizen was defined by the fact of his holding some kind of
rule or office- he who holds a judicial or legislative office fulfills our definition of a citizen. It is evident,
therefore, that the citizens about whom the doubt has arisen must be called citizens."
... httn://classics.mit.edu/Aristotle/politics.html .

Exhibit A
l
Page 4 of15
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 40 of 52

and other Founders had a love for Roman history and education. The Founders and Framers were great
admirers of Cicero and read many of his works. It is not inconceivable that they would have read this
English translation of The Proposal <21 and seen the clause "natural born Citizen." This shows that they
did not need to borrow the clause from English common law's "natural born subject." Rather, they had
sobs that they read which contained the exact clause, "natural born Citizen," which clause also had its
oJn meaning which was different from that of an English "natural born subject' which allowed children
bofn in the King's dominion and under his allegiance to aliens to be English "natural born subjects."
A definition of a "natural born Citizen" was also provided by the world-renowned, Emer de Vattel in

~
The Law of Nations. Section 212 (London 1797) (1st ed. Neuchatel1758). Vattel had a great
i uence on the Founders and Framers in their constituting the new republic and writing the
stitution. See, for example, J.S. Reeves, The Influence of the Law of Nature Upon Interooti9nal Law
in ~he United States, 3 Am.J. Int'l L. 547 et. seq. passim (1909) (Vattel exerted such a profound political
inbuence that it is often pointed out that his theories served as the backbone for American independence)
Le~ A. Casey, David B. Rivkin, Jr. and Darin R. Bartram, Unlawful Belligerency and Its Implications
I
UrP4er lntemqtional Law. http://www.fed-soc.org/publications/PubiD.l04/pub detail.asp (concerning U.S.
constitutional analysis, "Vattel is highly important. He was probably the international law expert most
widely read among the Framers"). In fact, Vattel continued to be practically applied in our nation for well
. '
ovfr 100 years after the birth of the republic; F.S. Ruddy, The AccePtance of Vattel, Grotian Society
Papers (1972) (Vattel was mainstream political philosophy during the writing of the Constitution.IIH.
Lci.w of Nations was significantly the most cited legal source in America jurisprudence between 1789 and
18fz0). The Founders and Framers studied and were greatly influenced by Vattel. R.G. Natelson, 111&.
'
Orginql Constitution 49 and 69 (2010) ("Vattel was probably the Founders' favorite authority on
inirnationallaw ... ."and his, treatise, The Law ofNations. was their favorite).
1 What MiJ1m:. said about a "natural born Citizen" was confirmed in U.S. v. Won.cKim Ark, 169 U.S.
649I (1898) (acknowledging and confirming Minor's American common law definition of a "natural-born
citizen" but adding based on the English common law that since "'[t]he child of an alien, if born in the
co~try, is as much a citizen as the natural-born child of a citizen, and by operation of the same principle
[birth in the country]'" (bracketed information supplied), a child born in the United States to domiciled
ali~n parents was a Fourteenth Amendment "citizen of the United States"). This American common law
definition of a "natural born Citizen" has never been changed, not even by the Fourteenth Amendment
(01ily uses the clause "citizen of the United States" and does not mention "natural born Citizen") or by
Wqna Kim Ark, and therefore still prevails today. Both those U.S. Supreme Court cases define a "natural
born Citizen" as a child born in a country to parents who are citizens of that country.

man law provided: "Lex MENSIA. That a child flhouldbft Mld as a foreigner, if either ofthe pa.reAts
~~· 8ut if both parents were Romans and married. children alwavs obtained the ranJuttthe father,
(p trem sequuntur liberi. Liv. iv. 4.) and if unmarried, of the mother, Uipian." Alexander Adam, Roman antiquities:
or, An account of the manners and customs of the Romans 210 (6th ed. corrected 1807). Cicero wrote in A Proposal:
e Colophonians claim Homer as their own free Denizen, the Chians challenge him as theirs, the Salaminians
de and him again for their own, but the Smyrneans assert him to be their natural born Citizen; and therefore have
ale~ dedicated a Temple to him in their Town of Smyrna. There are a great many besides at Daggers-drawing among
tb'faelves, and contend for him."

A ~roposal For Printing in English. The Select Orations of Marcus Tullius Cicero, According to the last Oxford
Edition 17 (Henry Eelbeck trans. London 1720).
Exhibit A Page 5 of 15
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 41 of 52

. by Eric Jon Phelps with edits by Christopher Earl Strunk (2014)

dn March 4, 1933 Franklin Delano Roosevelt (FDR) assumes the Office of President of the
United States, and with his Inaugural Address seizes and gives ALL Property and persons as
cQllateral for the debt of the United States in national "consecration" to its prime Creditors, the
! Vatican State and Crown's City of London, and as Commander in chief FDR issues
Proclamation 2039 on March 6, 1933, as the Military Conqueror as if he were "Augustus
Caesar" of the American Republic, declaring a state of National Emergency based upon
The ''Trading With the Enemy Act" of October 6, 1917 (40 Statute Law 411);

chngress at the demand of every Governor on March 9, 1933 passes the "Emergency Banking
Relief Act" (12 USC 95a), thereby Amending the notorious World War I Statute "Trading With
the Enemy Act" of October 6, 1917, (50 USC App. 5(b)) (TWEA) , and then FDR issues
~roclamation 2040 on March 9, 1933, also confirmed by "Emergency Banking Relief Act"
(12 USC 95b) and bringing the 1WEA inland, imposing Military Government

• This Amended WWI Statute in fact regards all "PERSONS'' "Within the United States" as
seized property of the federal government to be treated as an "enemy" and "enemy ally" or
"belligerents and rebels" by the Conqueror's Military Government.

i • These "belligerents and rebels" are publicly residing in the Several States Now considered
to be "conquered territories."

.• By 1939 all American Common Law Civil Process will be gone. In its place will be Roman
Civil Law Martial Process imposed on all "PERSONS" (natural and artificial) subject to
the Conqueror's De facto Equity Jurisdiction of the "United States."

• This Martial Process will apply to all Public "United States Citizens."

•• This Martial Process cannot apply to Private "Citizens of the United States," Privately
residing on the land at Common Law, while holding Private State Citizenship pursuant to
Section 1 of the 14th Amendment.

"The Emergency Banking Relief Act" (EBRA) (48 Statute Law 1)


i

T!Us Act accomplished the Design of the Society of Jesus in "the Company's" Great Conspiracy
a~f the Liberties of the United States set forth in Samuel Morse's Nineteenth century
m sterpiece, Foreign Conspiracy Against the Liberties of the UniU!d States (1835). Just as the Order
h d brought the British Admiralty (posse88ing both a criminal and civil jurisdiction unlike American
A · alty with only a civil jurisdiction) inland in the days of Jesuit-ruled King Charles Stuart I of
Elitgland thereby attempting to do away with the English Common Law on the land, the Jesuits
adcomplished essentially the same thing here in America with this wicked Act aided by the
"Roosevelt Court."

EshibitA Page 6 of15


Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 42 of 52
LAMAR COUNTY. GA. SUPERIOR CO~l~T
A~lrf~ ~BrfRDED~N cLEr~~P':
BPA BOOK a'». PAGES ~~
DEPUTY CLERK ~
I
Id the passing of this Act which the emotionally distressed Congress never read, the following must
bd understood:
I

1. The "Trading With the Enemy Act," as passed originally in 1917 and amended in 1918, was
made to apply to any "enemy" of the United States.

2. The ''enemy" was defined to be "any individual, partnership, or other body of individuals of
any nationality, resident within the territory of any nation with which the United States is at
war."

3. Other enemy "individuals" were defined as "natives, citizens, or subjects of any nation with
which the United States is at war, other than citizens of the United States." These
"citizens of the United States" in 1917 held Private citizenship of the United States without
having been reduced to the inferior citizenship status of being property of and surety for the
State-created Public "citizen of the United States," which public citizenship status was
imposed on March 9, 1933.

4. The "Trading With the Enemy Act" also defined the term "person." A "person" was "deemed
to mean an individuaL partnership, association, company, or other unincorporated body of
individuals, or corporation or body politic." Therefore in 1917 a "person" could mean both a
natural person/Private Citizen of the United States and an artificial person/Public citizen of
the United States in privilege.

5. Therefore, a "person" as defined by the "Trading with the Enemy Act" DID INCLUDE a
"citizen of the United States," which at the time was a Private "citizen ofthe United States."

6. The "Emergency Banking Relief Act" of March 9, 1933, amended the "Trading With the
Enemy Act" of 1917 {previously amended fourteen times from March 26, 1918, to March 10,
1930), bringing the "Trading With the Enemy Act" inside the United States applying it to "any
place subject to the jurisdiction thereor [all the States within the United States] when
previously, under the "Trading With the Enemy Act," all transactions "executed wholly
within the United StateS' were excluded;

7. The "Emergency Banking Relief Act" defined any "person" to mean "an individuaL
partnership, association or corporation." The term "person" was defined to mean a Public
"citizen of the United States." The term "person" excludes a Private "citizen of the United
States."

8. Therefore, the "Trading with the Enemy Act" defined a "person" to include a Private Citizen of
the United States. The "Emergency Banking Relief Act" defined a "person" to be an artificial

Exhibit A Page 7 ofl5


'
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 43 of 52
LAMAR COUNTY. GA. SUPERIOR COURT
1llrff Bf£tR,DE2iN CLj~~&'rJCE
BPA BOOK 2.. PAGES~
~o=ep=my~~c~~=R~K~---------~
entity (obviously being a partnership, association, or corporation) to include an "individual"
"person" to be treated as an artificial entity which cannot include the Private Citizen of the
United States.

9. For that "individual" American to be treated as an artificial entity, his Private "citizenship of
the United States" had to be reduced by an implied, constructive contract by operation of law
to the inferior grade of quasi-corporate citizenship.

10. The corporation that is a citizen is a "Public" citizen of the United States. It is created for the
benefit of the public. The corporation is not a .. Private" Citizen of the United States. Only
individual Men and Women can be "Private" Citizens of the United States as intended by
Section 1 of the Fourteenth Amendment.

11. Therefore, the Private ..citizen of the United States'' is protected in his citizenship status by
j Section 1 of the Fourteenth Amendment to the Constitution of the United States. Federal
1
statute 12 USC 95a amending and resting upon 50 USC 5(b) does not apply to the Private
1
Citizen. of the United States.

12. Because the individual P1ivate "Citizen of the United States" is protected by Section 1 of the
Fourteenth Amendment, he was specifically EXCLUDED by definition from the "Emergency
. Banking Relief Act," which act of FOR's Emergency War Powers Congress (by way of the
amended "Trading With the Enemy Act," Section 17), imposed a martial process upon the
courts, federal and state, after April25, 1938.

13. Therefore the good news is, all Private "Citizens of the United States" are protected in their
private right to a civilian due process oflaw on a federal level by the Fifth Amendment, and
to a civilian due process on a state level by Section 1 of the Fourteenth Amendment.

14. Therefore every Private "Citizen of the United States" is neither a "person» nor "property''
"subject to the jurisdiction of the United Stateti' referred to in the Emergency Banking
Relief Act (12 USC 95a) passed by the Emergency War Powers Congress on March 9, 1933.

15. And therefore, all Private "citizens of the United States" are not subject to the provisions of
the "Emergency Banking Relief Act" (12 USC 95a) having amended the "Trading With the
Enemy Act" of October 6, 1917, as previously amended on March 28, 1918, now codified as 50
USC App. 5{b)), including a martial due process of law imposed by the amended "Trading
With the Enemy Act" upon any artificial "person" within the United States and "subject to
the jurisdiction thereof," i.e, "subject to the de facto Emergency War Powers jmisdiction
thereof."

EkhibitA Page 8 of15


----------------------------------~~------------
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 44 of 52

DEPUTY CLERK

A Word for Word Comparison

Between 50 USC App. Section 5(b) of the

''The Trading With the Enemy Act" of October 6, 1917,40 Stat. Law 411

as Amended on March 28, 1918, and Section 5(b) oftbe ''Trading With the Enemy Act"

''The Emergency Banking Relief Act" of March 9, 1988, 48 Stat. Law 1

This Word for Word Comparison is critical in understanding how "The Emergency Banking Relief
4ct" (1933) Amended "The Trading With the Enemy Act" (1917) as Amended in substance making
"Whe Trading With the Enemy Act" the Law of the Land of the United States of America.
i
i

":J'he Trading With the Enemy Act" as Amended on March 9, 1933, imposed a de facto Emergency
War Powers Military Government, while ousting de jure Civilian Constitutional Government.
I

1-ll Courts, Federal and State, now impose a Martial Due Process instead of a Civilian Due Process
I

an every "Person Within the United States," Natural and Artificial.


I
I "Trading With the Enemy Act." Section 5Cb). 40 Statute Law 411

1;917-''That the President may investigate, regulate, or prohibit,

1.983--"Dm·ing time of war or during any other period of national emergency declared by
the President. the President may. through any agency that he may designate, or
otherwise. investigate, regulate, or prohibit,
I
Change 1. TWEA is now imposed inside the geographic United States during a declared
state of national emergency.

b. The President may now create agencies to "investigate, regulate or prohibit."


gencies will be created during the 1980s. The Securities and Exchange
«bommission is created in 1938; its first director is Knight of Malta Joe Kennedy. A host of
dther agencies will be created as a result of the Jesuit Order's Fabian Socialist New Deal.
!
~917-"under such rules and regulations as be may prescribe, by means of licenses or
i
r33-"under such rules and regulations as be may prescribe, by means of licenses or

l917-"otberwise, any transactions in foreign exchange, export or ear-markings of gold

1983-"otherwise, any transactions in foreign exchange, transfers of credit bch>o·ecn


I
i'
Exhibit
I
A Page 9 of15
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 45 of 52

DEPUTY CLERK •
or payments by banking institutions as defined by the President, and export,
I
hoarding, melting, or earmarking of gold
II
Cllange 3. Banking institutions within the United States are totally regulated by
Congress without limitation. No "Individual" may "hoard" his gold. All gold will be taken
frtm 11any person within the United States" on June 5, 1988, via HJR-192 <3 ).

19r7-"or silver coin or bullion or currency, transfers of credit in any form (gtber than
j credits relating solely to transactions to be executed wholly within the United

States), and transfers of evidences of indebtedness or of the ownership of

property between the United States and any foreign country. whether enemy,

ally of enem,y or otherwise, or between residents of one or more foreign


1
countries, by any person within the United States;
I
1988-"or silver coin or bullion or currency, by any person within the United States

3
When the Ememency Banking Act of 1933 and the Gold Reserve Act of 1934 outlawed the use of gold. such contracts
e sources of controversy. In the gold clause case Norman vs. Baltimore & Ohio Railroad Co.• 294 U.S. 240 ( 1935). the U.S..
su»reme Court ruled that gold clauses were invalid. However. Congress later reinstated the option to use gold clauses for obligations
(new contracts) issued after October 1977 in accordance with 31 U.S.C. §.llil(d)(2).
i The United States Gold Resene Act of January 30, 1934 required that all 8Sllil and gold certificates held by the~
~e be surrendered and vested in the sole title of the United States Department of !he Treaswy.
: The Gold Reserve Act outlawed most private possession of gold. forcing individuals to sell it to the Treasury. after which it
wl$ stored in United States Bullion PmositoO' at Fort Knox and other locations. The act also changed the nominal price of gold from
$2j.67 per trpy ouose to $35.
A year earlier, in 1933. Executive Order 6102 had made it a criminal offense for U.S. citizens to own or trade gold anywhere
in fue world. with exceptions for some jewelry and collector's coins. These prohibitions were relaxed starting in 1964 - gold
certificates were again allowed for private investors on April 24, 1964, although the obligation to pay the certificate holder on demand
in told specie would not be honored. By 1975 Americans could again freely own and trade gold.
The Gold Reserve Act authorized the Exchange Stabilization fund to use such assets as were not needed for exchange market
sta ilization to deal in government securities.
The Gold Reserve Act had economic ramifications far beyond national finance. At that time many contracts stipulated that
theJr monetary terms could be demanded in gold. Such gold clauses were intended to protect against the United States devaluing the

$
When the Emergency Banking Act of 1933 and the Gold Reserve Act of 1934 outlawed the use of gold. such contracts beaune
of controversy. In the gold clause case Norman vs. Baltimore & Ohio Railroad Co., 294 U.S. 240 (1935). the U.S. Supreme
ruled that gold clauses were invalid. However. Congress later reinstated the option to use gold clauses for obligations (new
contracts) issued after October 1977 in accordance with 31 U.S.C. Wll(d)(2).
' The 2008 decision 216 Jamaica Avenue, LLC vs S&R PlayhDuse Realty Co. established that a gold clause in contracts signed
before 1933 was only suspended not erased. and under certain limited circumstances might be reactivated.

Exhibit A Page 10 of15


!
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 46 of 52
lAMAR COUNTY. GA. SUPERIOR COURT
FILED & RECORDED IN Clf~~o;;'CS
~e%aK ' a2201
P~Ges:i!
I DEPUTY CLERK t:tJll!
Change 4. The provision excluding the TWEA of October 6, 1917, as amended from
replating transactions executed wholly within the United States is eliminated. All
foreign and domestic transactions of "any person within the United States" is to be
investigated, regulated or prohibited.
I

1J17-"and be may require any such person engaged in any such transaction to furnish
I
1!33--"or any place subject to the jurisdiction thereof; and the President may require
any person engaged in any transaction refert·ed to in this subdivision to furnish

C ange 5. The "new jurisdiction of the United States" established by the emergency war
powers military government of the United States under Proclamation 2040 approved and
c4nfirmed by the EBRA amending the TWEA, now extends to all states and territories.

1917-"under oath, complete information relative thereto, including the production


I
I

1933--"under oath, complete information relative thereto, including the production

1J11-"of any books of account, contracts, letters or other papers, in connection


I
1933--"of any books of account, contracts, letters or other papers, in connection
!

i
1$17-"therewith
I
in the custody or control of such person, either before or after
I
1~33--"therewith in the custody or control of such person, either before or after
II
1!17-"such transaction is completed.

1 : 33--"such transaction is completed.

1917-[End of Statute]

1~33--"Whoever willfully violates any of the pt·ovisions of this subdivision or of any


I
' license, order, rule or regulation issued thereunder, shall, upon conviction, be
fined not more than $10,000, or, if a natural person, may be imprisoned for not
more than ten years, or both; and any officer, director, or agent of any
corporation who knowingly participates in such violation may be punished by a
like fine, imprisonment, or both. As used in this subdivision the term 'pe1·son'
means an individual, partnership, association, or corporation." [End ofStatute]
I

~hibitA Page 11 of15


Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 47 of 52
LAMAR COUNTY. GA. SUPERIOR COURT
FA"' ~'JWffEDr'N ct.~-p ·-ri
i
I
BPA BOOK aA PAGES "1!5i ;::,
~
I ~~C~RK v--.

~- New penalties are imposed for violating the amended TWEA extended into the
U~ted States affecting "any person within the United States" (natural or artificial)
"s bject to the jurisdiction thereof," namely, to the newly imposed, non-civilian,
e rgency war powers, martial jurisdiction of the United States.

1
Note: "Person" as defined under the TWEA is identical to a "Person" defined in the EBRA.
However, an individual natural "Person" under the TWEA was a Private Citizen of the
United States under Section 1 of the 14th Amendment. The natural "Person" under the
I
EBRA amending the TWEA and thereby extending the TWEA into the United States is a
I
Public "U.S. citizen" treated like a corporation in commercial privilege.

CONCLUSION

I Citizenship Status and Jurisdiction of the United States

I
l. Private Citizenship of the United States, Section 1, 14th Amendment
I

"All persons born or naturalized in the United States, and subject to the jurisdiction
thereof, are citizens of the United States and of the State wherein they reside."

A. An individual is a natural "person."

B. That individual natural "person" is "born or naturalized in the United States" (the
geographic "United States" composed of the states in union under the Constitution of the
United States).

C. That individual natural "person" is "subject to the jurisdiction the1-eo{," the jurisdiction
of the United States.

D. The "jurisdiction thereof' (jurisdiction of the United States) is the constitutionally-


established, constitutionally-limited, de jure, civilian jurisdiction of the United States that
began on March 4, 1789, and that ended on March 6, 1933, confirmed and approved on
March 9, 1933, by the Emergency Banking Relief Act.

E. The citizenship of the "citizen of the United States" is private, not public.

F. Therefore, the Private "citizen of the United States" under Section 1 of the 14th
Amendment is a "person .•. subject to the jurisdiction of the United States." That
jurisdiction is a civilian jurisdiction.

Page 12 of15

-- _____ .. ______________________________
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 48 of 52

DEPUTY CLERK

II. Public Citizenship of the United States, Section 1, 14th Amendment

A. A corporation is a "person" under Section 1, 14th Amendment.

B. A corporation is a "citizen" under Section 1, 14th Amendment.

C. A corporation is created by a state for the benefit of the public.

D. A corporation is a public "citizen of the United States."

E. By operation of law, the Certificate of Live Birth, on the day it was filed with a public office
of the state of natural birth, created an individual corporate/trust entity, a Public "citizen
of the United States," its property being the Private "citizen of the United States."

F. On March 6, 1933 (approved and confirmed on March 9, 1933, via the EBRA), all
registered property (land, labor and businesses) were seized as "booty of war" by
Proclamation 2039 of President FrankJin D. Roosevelt acting under the World War I
statutory authority of the "Trading With the Enemy Act" ofOctober 6, 1917, as amended
14 times up to and including March 10, 1930.

G. On March 6, 1933 (approved and confirmed on March 9, 1933, via the EBRA), the
constitutional, limited, dejure, civilian government of the United States was ousted and
replaced with a statutory, unlimited, de facto, military government of the United States.

H. On March 6, 1933 (approved and confirmed on March 9, 1933, via the EBRA), the civilian
"jurisdiction of the United States" under Section 1 of the 14th Amendment was removed
and replaced with the military "jurisdiction of the United Stateli' under the
"Emergency Banking Relief Act" now codified as 12 USC 95a based upon the military
"Trading With the Enemy Act" now codified a 50 USC App. 5(b).

I. Therefore, the Public "citizen of the United Stateil' under Section 1 of the 14th
Amendment is a "person ••• subject to the jurisdiction of the United States/' under
I the "Emergency Banking Relief Act" (12 USC 95a) based upon the "Trading With the
Enemy Act" (50 USC App. 5(b)). That jurisdiction is a military jurisdiction imposing
I martial process in every action, state and federal, civil and criminal.
i
i
I FINAL CONCLUSION
I
I
~
e Priyate "citizen of the United St.atetl' is a "person" subject to the constitutional, de jure,
I aceti.me, jurisdiction of the United States under Section 1 of the 14th Amendment.

\ at peacetime jurisdiction of the United States is a civilian jurisdiction using civilian process
ll t4? gain in personam jurisdiction.
I
~Khibit A Page 13 of 16
!
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 49 of 52

ob the other hand:


'"'je Public "citizen of the United States" is a "person" subject to the statutory, de {aero, wartime
j~~sdiction of the United States under the "Emergency Banking Relief Act" (codified as 12 USC 95a)
b+ed upon the military "Trading With the Enemy Act" (codified as 50 USC App. 5(b)). All actions,
fe~eral and state, criminal and civil, using martial process to confer in personam jurisdiction of the
emergency war powers courts are founded upon these two statutes.

T~at wartime jurisdiction of the United States is a military jurisdiction using martial process to
galin in personam jurisdiction.

You are either a Constitutional Private "citizen of the United States"

Or

You are a Statutory Public "citizen of the United States"

You are either a "person" under Section 1 of the 14th Amendment

Or

You are a "person" under the commercial "Emergency Banking Relief Act" (1933)
(12 USC 95a)
Based upon the martial "Trading With the Enemy Act'' (1917)
(50 USC App. 5(b))

You are either subject to a civilian "jurisdiction of the United Stateti'


Under Section 1 of the 14th Amendment

Or

You are subject to a martial "jurisdiction of the United States"


Under the "Emergency Banking Relief Act" (1933) and
The "Trading With the Enemy Act" (1917)
(12 USC 95a and 50 USC App. 5(b))

You are one of the Sovereign People of the United States of America

Or

You are one of the conquered people of the United States of America

The End
EXhibit A Page 14 of15

______._____________ ... -- ·------- ·- .


Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 50 of 52

DEPUTY CLERK

That. for the reatK>ns expreStied above, not.wit.htttanding whether a natural per80n is born within a
State of the United States of married citizen parents, t.he_Executor and Beneficiaries of this EXPRESS
DEED lN TRUST TO THE UNITED STATES OF AMERICA are of a singular class separate and apart
from those who are either naturalized or born a citizen. and are unable to certify as eligible for POTUS
one of the oonguered people of the United States of America as long as the dejure citizen of the United
States remains the surety-indenture for the Debtor trust with beneficial interest in the surety, for that
natural person is the property of the United Statett and is a slave unable to fulfill the duties ofPOTUS.
Therefore. the Executor and Beneficiaries are bound by their registered status as private citizens
of the United States with their bonafide status as a natural-born Citi7.en within the duties and
obligations of this DEED in TRUST to only certify a candidate is eligiblP based upon the foregoing and
shall Reek equity relief of a chancellery court for attempt to USURP the POTUS to the contrary.
That the Beneficiaries for this DEED in TRUST are private citizens of the United States in respect
to the debtor trust entity registered with the United States Secretary of the Treasury with acceptance
c."Onfumed for each respective package by Certified Mail with numbers for their account in regards to
the period ending before the filing of this DEED in TRU&'T and that the undersigned Beneficiaries are
certified natural-born Citizens capable of rendering a decision as to the status of a POTUS candidate.
That Executor and Settlor (SETTl.OR), who privnteJy is of equal beneficial interest to the
Beneficiaries or any member of the class defined above in the execution of the obligations of this DEED
in TRUST. is Christopher Earl Strunk in esse Sui juris private citizen of the United States, the
secured beneficiary agent of the Debtor Trust transmitting utility TMCHRJSTOPHER EARL
STRUNKO as duly registered with the United States Secretary of the Treasury with account . . . .
~Accrual and and located at 593 Vanderbilt
Avenue PMB !81 Brooklyn, New York zip code excepted 11288 C.ell Phone: 845-901-6767 Email:
chrill@strunk.ws, who upon his acceptance will duly serve this Trust publicly without beneficial
interest until further written notice unanimously approved by undersigned Beneficiaries and be
reimbursed for his time and expense acceptable to the Beneficiaries.
The undersiped Benoftciaries hereby enact this EXPRESS DEED IN TRUST and appoint the SETTWR:

in esse Sui ris


prh:ate citizen of the United States,
the secured beneficiary agent. of the Debtor Trust
transmitting utility . . . . . . . . ..,

Exhibit A Page 16 of 15
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 51 of 52

BENE)o'ICIARY AMENDMENT TO THE EXPRESS DEED IN TRUST TO


THE UNITED STATF..S OF AMERICA

WITH BENEFICIARY DISCRETION FOR PRIVATE CITIZENS OF THE UNITED STATES


WHO ARE TRUE NATlJRAL.BORN CITIZENS UNDER THE UNITED STATES
CONSTITUTION ARTICLE 2 SECTION 1 CLAUSE 6 AND NOT SURETY-INDENTURES FOR
THEIR RESPECTIVE DEBTOR TRUST ENTITY UNDER 12 USC 96 AND 50 USC APP. 6(b)
MARTIAL GOVERNMENT WITH A CONTINUING NATIONAL EMERGENCY

This is a Beneficiary Amendment to the Express Deed in Trust claim of beneficial ioterest
in and over all the public and private r.cnl. m:r:<umtl. llH'K•hlt· nnd mtuncjl1l(• Property within THE
UNITED ~'TATES OF AMERICA geographic border to amfeguard and at.•curo for the posterity of WE
the People of the United States of America in the nation given by GOD for aecuring each private
Citizen's unalienable rights and beneficial interetlt in purKuit of life liberty and happiness in
perpetuity, and with the Executor and Beneficiaries duty to this Trust shall guarantee that all
incumbents and future candidate(&) for the Office of President or Vice President of the United States
(POTUS) shall be a bonafide Nat11rai-Bo,., Citi:e11 <NBC) private citizen ofthc United States agent
who is surety no more to the Debtor Truat Entity in compliance with tht> United States Constitution
Article 2 Section 1 Clau~~e 5. either under 12 USC 95 and 50 USC App. 5(b) with the Military
Government authority of renewed annual National Emergency or otherwise (DEED in TRUST).
That for the reasons expre~t~d above, notwith~:~tnnding whcthl'r a nnturnl purson is born within a
State of the United StateR of married citizen parents. the_Executor and Beneficiaries of this EXPRESS
DEED IN TRUST TO THE UNITED STATES Oft' AMERICA are of a Ringular class separate and apart
from those who are either naturalized or horn a citizen. and are unable to CE't1:ifY AM eligible- for POTUS
one of the conquered oeople ofthe United State~t of Americu aJoJ Jon" llli the dejure citizen of the Unitt>d
States remains the Rurcty-indenture for the Ot-btor truRt with beneficial interest in the su~ety. for that
natural person is the property of the United Stateli and is a slave umtblc to fulfill the duties of POTUS.
Therefore. the undenaigned j,. hound to the •·ulet~ and intent ofthis
DEED in TRUST by the unanimuuM decision ofthe Elwcutot· st:·r-rt.OR <'hriMtopher Earl Strunk and
Bent>ficiary have authorized nw to become a u~;BD in TRUST Beneficiary bat~ed upon
my registt>red statufl al'l pri\'atc citizen of the United States with a bonafide natuml-horn Citizen Mtatus
within the dut.ies and obligutionK of thiM DEJ.:n in TRUST tu only certil}• a candidntl' is f.>ligible baMCd
upon the foregoing and Rhall St>l•k equaty relief of n chancellery court for nny incumhl•nt and or attempt
to USURP the POTliS to the contrary.
I. . the undersigned hl'l't'hy accept thl' tet·ms. conditions and duties RR a
Rl'ncficiauy to this EXPRESS DF.ED IN TRUb'T.

•••••lllllllllllll..
p•·iv~ltt.>
m ee>Ht' Sui juris
citizl'n of the United Stntes.
tlw sccurt•d agent of the
transmitting utility

··~-- ·-------------------------------·
I
I
Case 1:19-cv-00202-DNH-CFH Document 6 Filed 02/27/19 Page 52 of 52
!
j

I DEPUlY ClERK

AFFIDAVIT OF TRUTH

II
For a true and correct copy of the Original

I, Christopher Earl Strunk, in esse Sui juris, solemnly affirm, depose and declare under the
penalties of perjury that the attached NOTICE TO THE AGENT IS NOTICE TO PRINCIPAL

~
OTICE TO PRINCIPAL IS NOTICE TO AGENT RE: OFFER OF CONTRACT Received
0 January 2009 and received 21 January 2009 FOR THE RECORD RETURN and
EDRAFT TIMELY WITHOUT DISHONOR WITH THE RESTRICTED SPECIAL-
/APPEARANCE NOT A CORPORATION The Living-Soul, with Attachments: *Oath of 20
!January 2009 offer for contract /Returned & Redrafted,"' Oath of 21 January 2009 offer
for contract I Returned & Redrafted,* Notice to the Clerk of Records Judicial Notice
l(page 1 of 2),*Judicial Notice (page 2 of 2); along with the proof of service by registered
mail, and that on January 23, 2009, Affirmant privately did duly fire BARACK HUSSEIN
OBAMA II, for being ineligible to POTUS and Commander-in-chief, and did duly serve notice
upon he and his agents accordingly to no avail of law to date see the eight (8) page document
marked by me as "Exhibit B" at the lower left hand comer of each of the pages is an exact, true
and correct copy of the original.

f Further Affiant Sayeth Not.


!

Christopher Earl Strunk in esse Sui juris secured


beneficiary agent of the Debtor Trust transmitting utility
n•cHRISTOPHER EARL STRUNK©
Private Citizen of the United States of America
Private Citizen of the State of New York
Private Resident of the County of Kings
All Rights Reserved Without Prejudice

Acknowledgment:

THESTATEOFNEWYORK)
}ss
THE COUNTY OF KINGS )

BEFORE ME, on this day personally appeared Christopher Earl Strunk known to me
to be the person described herein and who solemnly affirmed under the penalties of
perjury that every statement given above was the whole truth to the best of his
knowledge.

Subscribed and Sworn before me on this


·t
~ day of April, 2014.

KAMAL P SONI
Notary Pul'l:c. S: ,,: ,. -~I r..!ew YorK
Nr-. ~:.· ~;·_> :.J~!J~
0~·~~' •· : ·. "·'' ., ,., CCJu111y
Cor:,:n ''-'''·'" ::..-.t.Jdt:> i,lar~;h 31.2015
AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Northern District ofNew York

Christopher Earl Strunk


)
)
Plaintiff
)
v. )
)
Civil Action No. I: [q, C.:/, 24 2
("bN~ {a::H)
THE STATE OF NEW YORK, ETAL.
)
)
Defondant

SUMMONS IN A CML ACTION

To: (Defendant 's name and address) THE STATE OF NEW YORK
Letitia James New York State Attorney General
The Capitol
ALBANY OFFICE
The Capitol Albany, NY
12224-0341

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it)- or 60 days if you
are the United States or a United States agency, or an officer or employee ofthe United States described in Fed. R. Civ.
P. 12 (a)(2) or (3)- you must serve on the plaintiff an answer to the attached complaint or a motion under Rule I 2 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are:
Christopher Earl Strunk,
in propria persona
Post Office Box 70
Corinth, New York 12822

You also must file your answer or motion with the court. t ,--}
Tfyou fail to respond, judgment by default will be entered against you for the relief demanded in the complaint

v~
C OFCOURT
FEB l4 2019
Date:
-------------------
AO 440 (Rev. 12109) Summons in a Civil Action

UNITED STATES DISTRICT COURT


fortbe
Northern District of New York

Christopher Earl Strunk


)
)
PIIJintiff
)
v. )
)
Civil Action No. l·. li., ~V .. 2..02-
THE STATE OF NEW YORK, ETAL.

Defendant
)
) LD~ *l e,r:«)
SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) Andrew M. Cuomo


Governor of New York State
NYS State Capitol Building
Albany, NY 12224

A lawsuit has been filed against you.

Within 2 I days after service of this summons on you (not counting the day you received it)- or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3)- you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of C ivil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Christopher Earl Strunk,
in propria persona
Post Office Box 70
Corinth, New York 12822 .

lfyou fail to respond, judgment by default will be entered against ou fo~elief demanded in the complaint.
You also must file your answer or motion with the court. ~~

FEB 14 2019
Date: - - -- -- - - -
AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the

Northern District of New York

Christopher Earl Strunk


)
)
Plainliff
)
v. )
)
Civil Action No. l·. l ~ ~ C.,\f"" '2.-0 2.
THE STATE OF NEW YORK, ETAL.

Defendant
)
) ( J)~ t+( cF~)
SUMMONS 1N A CIVIL ACTION

To: (Defendant's name and address) New York Senate Majority Leader
ANDREA STEWART-COUSINS
188 State Street Room 907,
Legislative Office Building
Albany, NY 12247

A lawsuit has been ftled against you.

Within 21 days after service of this summons on you (not counting the day you received it)- or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3)- you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Christopher Earl Strunk,
in propria persona
Post Office Box 70
Corinth, New York 12822

rfyou fail to respond, judgment by default will be entered against y, u for ~ief demanded in the complaint.
You also must file your answer or motion with the court f4,.~

Date:
------------------
AO 440 (Rev. 12/09) Stunmons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Northern District of New York

Christopher Earl Strunk


)
)
Plaintiff
)
v. ) Civil Action No. t·. \~ .. (,v" 2o2.
THE STATE OF NEW YORK, ETAL. )

Defendant
)
) (D t-l" Ic.f" ")
SUMMONS IN A CIVIL ACTION

To: (Defendant 's name and address) New York Assembly Speaker
CARL E. HEASTIE
1446 East Gun Hill Road
Bronx, NY 10469

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days ifyou
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. l2 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be serve9 on the plaintiff or plaintitrs attorney,
whose name and address are:
Christopher Earl Strunk.
in propria persona
Post Office Box 70
Corinth, New York 12822

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must ftle your answer or motion with the court.

!tt2-s-
f}RK OF COURT

FEB 14 Z019
Date:
------------------
AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Northern District of New York

Christopher Earl Strunk


)
)
Plaintiff

V.
THE STATE OF NEW YORK, ETAL.
)
)
)
Civil Action No. ): \ q~ CV, 2...0 2
Defendant
)
) (b N \.t ~ G~ 1+)
SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) THE CITY OF NEW YORK


Corporation Counsel
100 Church Street
New York New York 10007

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it)- or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedu.re. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are:
Christopher Earl Strunk,
in propria persona
Post Office Box 70
Corinth, New York 12822

You also must file your answer or motion with the court. t "') _
If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.

~
'RK. OF COURT

(fllSi~
FEB 14 2019
Date:
AO 440 (Rev, 12/09) Summons 1n a CiviL Action

UNITED STATES DISTRlCT COURT


for the
Northern District ofNew York

Christopher Earl Strunk


)
)
Plaintiff
)
v. ) Civil Action No. l·.. l 4,. C.{.. 2 0 2
THE STATE OF NEW YORK, ETAL. )

(\)N~I CF«)
)
Defendant )

SUMMONS IN A CIVJL ACTION

To: (Defendant·s name and address) Warren "BILL DE BLASIO" Wilhelm Jr.,
Mayor of NYC
City Hall
New York, NY t0007

A lawsuit has been filed against you,

Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you
are the United States or a United States agency, or an officer or employee oftbe United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are:
Christopher Earl Strunk,
in propria persona
Post Office Box 70
Corinth, New York 12822

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint
You also must file your answer or motion with the court.

FEB 14 2019
Date:
------------------
AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Northern District ofNew York

Christopher Earl Strunk


)
)
Plaintiff
v.
)
) Civil Action No. t: (4~ c"' 2- 42
C1N~)c~H)
THE STATE OF NEW YORK, ETAL. )
)
Defondant )

SUMMONS IN A CIVIL ACTION

To: (Defendant 's name and address) U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES
Secretary Alex M. Azar II
Hubert H. Humphrey Building
200 Independence Avenue, S.W.
Washington, D.C. 20201

A lawsuit has been ftled against you.

Within 21 days after service of this summons on you (not counting the day you received it) -or 60 days if you
are the United States or a United States agency, or an officer or employee oftbe United States described in Fed. R. Civ.
P. 12 (a)(2) or (3)- you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are:
Christopher Earl Strunk,
in propria persona
Post Office Box 70
Corinth, New York 12822

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint
You also must file your answer or motion with the court.

FEB 142019
Date:
------------------
AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT


fortbe
Northern District of New York

Christopher Earl Strunk


)
)
Plaintiff
V.
)
) Civil Action No.
1'. I q, G'l, 2 _C2..
THE STATE OF NEW YORK, ETAL )

.Defendant
)
) (2,!-lll-/ CFH)
SUMMONS IN A CIVIL ACTION

To: (Defendant 's name and address) U.S. DEPARTMENT OF HOMELAND SECURITY
Secretary of Homeland Security Kirstjen M. Nielson
245 Murray Lane SW
Washington, DC 20528-0075

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it)- or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Christopher Earl Strunk,
in propria persona
Post Office Box 70
Corinth, New York 12822
AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Northern District of New York

Christopher Earl Strunk


)
)
Plaintiff
V.
)
) C ivil Action No. l: \ ~ ,cv--: 20 2
)
( D l\\ ~ \L~ ~)
THE STATE OF NEW YORK, ETAL.
)
Defendant
)

SUMMONS IN A CIVIL ACTION

To: (Defendant's name and address) DEMOCRATIC NATIONAL COMMITTEE


Chairman TOM PEREZ
430 South Capitol Street Southeast
Washington, DC 20003,

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are:
Christopher Earl Strunk,
in propria persona
Post Office Box 70
Corinth, New York 12822

lf you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

FES 14 ZOf9
Date:
-------------------
AO 440 ( Rev, 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Northern District of New York

Christopher Earl Strunk


)
J
Plainliff

v.
)
)
)
Civil Action No. t·. \ '[~ cv ~. 2() 7-
THE STATE OF NEW YORK, ETAL.

Defendant
)
) I
l.:J) r{ ~ Ck ~+)
SUMMONS IN A CIVIL ACTION

To: (Def endant 's name and address) PLANNED PARENTHOOD FEDERATION OF AMERICA, INC.
Headquarters
123 William Street 1Oth Floor
New York New York 10038

A lawsuit has been filed against you.

Within 21 days after service of this summons on you (not counting the day you received it) - or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3)- you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Christopher Earl Strunk,
in propria persona
Post Office Box 70
Corinth, New York 12822

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court ft1.,
~

CL#OFCOURT

FEB 142019
Date: _ __ _ _ _ _ __
AO 440 (Rev. 12/09) Summons in a Civil Action

UNITED STATES DISTRICT COURT


for the
Northern District of New York

Christopher Earl Strunk


)
)
Plaintiff
)
V. ) Civil Action No.
THE STATE OF NEW YORK, ETAL. )
)
)
Defendant

SUMMONS IN A CIVU.. ACTION

To: (Defendant 's name and address) Grant C. Jaquith


the United States Attorney for the Northam District of New York
U.S. Attorney's Office
445 Broadway, Room 218
Albany, NY 12207-2924

A lawsuit has been filed against you.

Within21 days after service of this summons on you (not counting the day you received it)- or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,
whose name and address are:
Christopher Earl Strunk,
in propria persona
Post Office Box 70
Corinth, New York 12822

You also must file your answer or motion with the court. t
Tfyou fail to respond, judgment by default will be entered against you for the relief demanded in the complaint
~
v~~
RKOFCOURT

fEB 14 Z019
Date:
------------------
AO 440 (Rev. 12/09) Swnrnons ina Civil Action

UNITED STATES DISTRICT COURT


for the
Northern District ofNew York

Christopher Earl Strunk


)
}
Plaintiff
v.
)
) Civil Action No. 1·. l~ .. cv~ 2o2
)

(.b~\\ lc~~
THE STATE OF NEW YORK ETAL
)
Defendant
)

SUMMONS IN A CIVIL ACTION

To: (Defendant 'sname andaddress) VOICE FOR CHOICE: PLANNED PARENTHOOD OF


NEW YORK CITY ACTION FUND, INC.
Headquarters
26 BLEECKER STREET
NEW YORK, NEW YORK, 10012

A lawsuit has been filed against you.

Within 21 days after service ofthls summons on you (not counting the day you received it) - or 60 days if you
are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ.
P. 12 (a)(2) or (3) - you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of
the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,
whose name and address are:
Christopher Earl Strunk,
in propria persona
Post Office Box 70
Corinth, New York 12822

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint.
You also must file your answer or motion with the court.

FEB 14l019
Dme: ------------------
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF NEW YORK

NOTICE
THE ATTACHED FILING ORDER IS A TIME SENSITTVE DOCUMENT

This filing order is to be served on all parties to the action along with the complaint or petition for removal
within sixty (60) days of filing this action.

The attached Civil Case Management Plan must be completed and filed with the clerk no later than seven (7)
days prior to the conference date referenced below.

CONFERENCE DATEffiME: May 15,2019, at 10:00 AM

CONFERENCE LOCATION: Albany, New York

BEFORE MAGISTRATE JUDGE: CHRISTIAN F. HUMMEL

CONTENTS:

0 General Order #25 (Filing Order)

0 Case Management Plan

0 Case Assignment/Motion Schedules and Filing Locations

0 Consent Form to Proceed before U.S. Magistrate Judge

NOTE: ALL CIVIL ACTIONS SHALL BE REFERRED INTO THE NORTHERN DISTRICT'S
MANDATORY MEDIATION PROGRAM EXCEPT THOSE CASES THAT HAVE BEEN
DESIGNATED AS EXEMPT UNDER SECTION 2.1 (A) OF GENERAL ORDER #47. If the ADR track
below has been checked, this case wiU be referred into the Mandatory Mediation Program. Counsel are directed to review the
Mandatory Med"iation Plan prior to the Rule 16 Conference. Please refer to General Order #47 - Mandatory Mediation Program which
is available on the Court's website at www.nynd.uscourts.gov.

I
X Conventional Track
UNITED STATES DISTRICT COURT
FOR THE
NORTHERN DISTRICT OF NEW YORK

GENERAL ORDER #25

I. PURPOSE HI. SERVICE

It is the policy of this court to help litigants resolve their A. Timing: When serving a Complaint or Notice of
civil disputes in a just, timely and cost-effective manner. To Removal, the filing party shall serve on all other parties a
that end, tbis cou1.t has adopted an Expense and Delay copy of this General Order and the attached materials.
Reduction Plan in accordance with the Civil Justice Reform Service of process should be completed within Sixty (60)
Act of 1990. This will tailor the level of individualized case days from the initial filing date. This expedited service is
management needs to such criteria as case complexity, and necessary to fulfi II the dictates of the Civil Justice Reform
the amount of time reasonably needed to prepare the case for Act Expense and Delay Reduction Plan of this cow1 and to
trial. ensure adequate time for pretlial discovery and motion
practice. However, in no event shall service of process be
II. SCOPE completed after the time specified in Fed. R. Civ. P. 4, or
any other Rule or Statute which may govern service of
This order applies to all civil cases filed in this court except: process in a given action.
multi-district litigation, case remanded from the appellate
court, reinstated and reopened cases, and cases in the B. Filing Proof(s) of Service: Proof(s) ofservice of process
following Nature of Suit (NOS) categories indicated on the are to be filed with the clerk's office no later than five (5)
JS44 Civil Cover Sheet: Prisoner Petitioners (463,51 0-560), days after service of the complaint or notice of removal with
Forfeiture/Penalty (625,690), Bankruptcy Appeals a copy of this General Order.
(422,423), Social Security Appeals (861 -865), Contracts
(only NOS 150,151,152,153, and other contract actions C. Non Compliance with Sixty (60) Day Service
which involve the collection of debts owed to the United Requirement: In the event that the filing pruty cannot
States), and Real Property (only NOS 220). comply with the Sixty (60) day service requirement, that
party shaH immediately notify the assigned Magistrate Judge
*Note - When the Court deems it appropriate, Rule 16 and request an adjournment of the initial Rule 16 case
Scheduling Conferences will be held in the above excepted management conference date contained in the attached Civil
actions. Case Management Plan.

The Court has adopted tbe guidelines of civility as outlined If an adjournment of the conference date is granted, it shall
in the New York State Bar Association Guideline-s on be the responsibility of the filing party to notify all pru1ies to
CiviJity in Litigation, a copy of which is available on the the action of the new date, time and location for the case
courts web-site at www.nynd.uscourts.gov. management conference. Proof of service of such notice
shall then be immediately filed with the clerk's office.

JV. ADDITIONAL PARTIES

Any party who, after the filing of the original complaint or


notice of removal , causes a new party to be joined in the
action shall promptly serve on that new party a copy of
General Order 25 along with any additional Uniform Pretrial
Scheduling Order that has been entered by the court.

Page 1
V. REMOVED CASES VDI. ADR PROGRAMS

In cases removed to this court from a state court, the It is the mission of this court to do everything it can to help
removing defendant(s) shall serve on the plaintiff(s) and all parties resolve their disputes as fairly, quickly, and
other parties, at the time of service of the notice of removal, efficiently as possible. The Court has adopted a Mandatory
a copy of this General Order with the attached materials. Mediation Program- see General Order #47 available on the
The filing of a motion for remand does not relieve the Court's website. All civil cases that are not exempt under
moving party of any obligation under this General Order General Order #47 and are filed after January 1, 2014, as
unless the assigned judge or magistrate judge specifically well as all cases where a Rule 16 Conference is scheduled
grants such relief. after January 1, 2014, will be placed into the Mandatory
Mediation Program. The Court may also refer other pending
VL TRANSFERRED CASES cases into the Mandatory Mediation Program. The parties
are directed to review the Mandatory Mediation Plan
The clerk shall serve a copy of this General Order on all requirements prior to the Rule 16 Pretrial Conference. At
parties that have appeared in any action transferred to this the Rule 16 Pretrial Conference, the assigned Magistrate
district. The clerk shall set a return date for the initial Rule Judge will set a deadline for the completion of Mediation
16 case management conference on the form attached to the under General Order #4 7. The referral of a case to the
General Order. It shall be the obligation of the plaintiff or Mandatory Mediation Program does not delay or defer other
plaintiff's counsel to arrange for completion of the attached dates established in the Scheduling Order and has no effect
Case Management Plan and to file the Plan with the clerk on the scheduled progress of the case toward trial.
and to serve this General Order upon any party who had not
appeared in the action at the time of transfer. A) Settlement Conferences:
The parties are advised that the court will honor a request for
Attorneys appearing in transferred cases are reminded of a settlement conference at ~ stage of the proceeding. A
their obligation to be properly admitted to this district in representative of the parties with the authority to bind the
accordance with Local Rule 83.1. Attorneys must also be parties must be present with counsel or available by
registered for electronic filing. Refer to Section Xll of this telephone at any settlement conference.
General Order.
B) Consent to Jury or Court Trial Before A
Vll. MATERIALS INCLUDED WITH THIS United States Magistrate Judge:
GENERAL ORDER PACKET By written stipulation, the parties to any civil action may
elect to have a magistrate judge (instead of the assigned
A) Notice of Initial Rule 16 Case Management Article llljudge) conduct all proceedings in any civil case,
Conference including presiding over a jury or bench trial. A trial before
B) Civil Case Management Plan a magistrate judge is governed by the same procedural and
C) Case Assignment Form evidentiary rules as trial before a district judge. The right to
D) Notice and Consent Form to Exercise of appeal is automatically preserved to the United States Court
Jurisdiction by a United States Magistrate Judge of Appeals under the same standards which govern appeals
from an Article ill judge. Parties often consent to resolution
of their civil disputes by magistrate judge bench or jury trial
because magistrate judges have less crowded calendars.

IX. DISCOVERY presented to the Court unless authorized by the Magistrate


Judge after communication with the Magistrate Judges'
A. Discovery Motions: Prior to bringing a discovery dispute chambers.
to a Magistrate Judge, the parties must confer in good faith
in accordance with the provisions of Local Rule 7.1 (d). In B. Filing Discoverv: Parties are directed not to file
addition, no non-dispositive or discovery motions should be discovery material unless it is being filed in accordance with

Page2
Local Rule 26.2. XII. ELECTRONIC FILING

For. additional information on local requirements related to As of January l, 2004, all documents submitted for filing by
depositions and discovery please refer to Section V. of the attorneys admitted to practice in the Northern District of
Local Rules of this court. New York shall be filed electronically usi\lg the CM/ECF
system. Refer to General Order #22 for procedures for filing
X. MOTIONS documents electronically. Attorneys must be registered for
both PACERand CM/ECF. Consult the CM/ECF section of
A. Motion Return Dates: Please refer to the attached case the courts web-site at www.nynd.uscourts.gov for PACER
assignment form for a complete listing of the motion return registration, CMJECF registration, CM/ECF training dates,
dates for the judges and magistrate judges of this court. and General Order #22.

For additional information on local requirements related to REVISED GENERAL ORDER #25
motion practice, please refer to Local Rule 7 .1. Dated: June 23, 2016

s/
XI. CASE MANAGEMENT CONFERENCE
Ron. Glenn T. Suddaby.
Chief U.S. District Judge
Except in actions exempted under Section IT of this order, or
when otherwise ordered by the court, the parties shall, as - Tbc 1/312010 revision added Magistrate Judge Andrew T. B8J<ler.
- The 4118/2011 revision added U.S. District Judge Mae A. D'Agostioo and Magistrate Judge
soon as practicable, but no later than twenty-one (21) days Victor E. Bianchini.
before the Rule 16 conference, confer to jointly address each • Tbe 1211612011 revision reflects Hon. Gary L. Sha.rpe as Chief Judge.
- Tbe 2/1 01201 2 revision added Magistrate Judge Tbtrtse Wiley Dancks.
item contained in the attached Case Management Plan • Tbe 9/1/2012 revision added Magistrate Judge Christian F. Hummel.
packet. The completed plan is to be fi led with the clerk not • Tbe 10/112012 revision reflects lhe retiremeot o(Scnior Judge Neal P. MeCum.
- Tbe I 012512013 revision includes information on Mandatory Mediation- Sec Gen.Order 1147.
later than seven (7) days prior to the conference date. The - Tbe 11/412013 revision includes changes to dcadlioc.s for mandatory disclosures uudcr Fed.
Rule 26{a), and clwlges the date for the filing of lhc civil .:.se management plan from 14 days
NOTICE setting the date, time, and location for the initial prior to lbc conference 10 7 days prior to the conference.
Rule 16 conference with the court is included as part of this -The 1212912014 revision added U.S. District Judge Brenda K.. Sallllt:s.
-The 10/1/201 S revision reOcctSHon. (HcnnT. SuddabyasChiefJudge, added Magistrate Judge
filing order. Mandatory disclosures under Fed. R. Civ. P. Daniel J. Stcwar~ and renects lhe retirement of Hoo. Randolph F. Treece.
26(a) shall be exchanged at least seven(7) days prior to the • ·111e 1/1/2016 revision reOects lion. Gary L. Sbarpe taking senior status.
• The 6/2312016 revision relates to amended 0 .0 . 1147 Mandatory Mediation Program.
conference date, unless the parties have obtained prior
approval from the assigned Magistrate Judge to extend that
deadline. The Civil Justice Reform Act Plan of this court
requires the court to set ""early, firm"" trial dates, such
that the trial is scheduled to occur within eighteen(18)
months after the filing of the complaint, unless a judicial
officer certifies that (I) the demands of the case and its
complexity make such a trial date incompatible with serving
the ends ofjustice; or (II) the trial cannot reasonably be held
within such time because of the complexity of the case or the
number or complexity of pending criminal cases.

Page 3
CIVIL CASE MANAGEMENT PLAN

UNITED STATES DISTRICT COURT


NORTHERN DIST RICT OF NEW YORK

Christopher E arl Strunk

No. 1:19-CV-202 DNH/CFH

vs
The State of New York et al.

I T IS HEREBY ORDERED that, Pursuant to Rule16(b), Federal Rules of Civil Procedure, a status and
scheduling conference will be held in this case before the Honorable CHRISTIAN F. HUMMEL, United
States Magistrate Judge on May 15,2019, at 10:00 AM at the United States Courthouse, at Room Number
44l,Albany, New York.

Counsel for all parties or individuals appearing pro se in the above-captioned action are directed to confer
in accordance with Fed. R. Civ. P. 26(f) with respect to all of the agenda items listed below, no later than
twenty-one (21) days before the scheduled Rule 16 Conference. Fol lowing that Rule 26(f) meeting, a report
ofthe results of the conference, in the format set forth below, must be filed with the clerk no later than seven
(7) days prior to the scheduled Rule 16 conference with the Court. Matters which the Court will discuss at
the status conference will include the following: (insert a separate subparagraph as necessary if parties
disagree):

1) JOINDER OF PARTI ES: Any application to join any person as a party to this action shall be made on
or before the day of _ _ _ _ _ _ _ _ _ _ __

2) AMENDMENT OF PLEADINGS: Any application to amend the pleadings to this action shall be made
on or before the day of _ _ _ _ _ _ _ _ __ _

3) DISCOVERY: All discovery in this action shall be completed on or before the day of
_ _ __ _ _ ___, _ _ _ _ _. (Discovery time table is to be based on tbe complexity of the
action)

4) MOTIONS: All motions, including discovery motions, shall be made on or before the day of
_ _ _ _ _ _ _ _ _ _ _ _ _. (Non-Dispositive motions including discover y motions may on ly
be brought after the p arties have complied with Section IX of General Order #25)

Page 1
5) PROPOSED DATE FOR THE COMMENCEMENT OFTRIAL: The action will be ready to proceed
to trial on or before the day of , . It is anticipated that the trial will
take approximately days to complete. The parties request that the trial be held in ,
N.Y. (The proposed date for the commencement of trial must be within 18 months of the filing date).

6) HAVE THE PARTIES FILED A JURY DEMAND: _ _(YES) / _ _(NO).

7) DOES THE COURT HAVE SUBJECT MATTER JURISDICTION? ARE THE PARTIES
SUBJECT TO THE COURT'S JURISDICTION? HAVE ALL PARTIES BEEN SERVED?

8) WHAT ARE THE FACTUAL AND LEGAL BASES FOR PLAINTIFF' S CLAIMS AND
DEFENDANT' S DEFENSES (INCLUDE COUNTERCLAIMS & CROSSCLAIMS, lF
APPLICABLE)?

9) WHAT FACTUAL AND LEGAL ISSUES ARE GENUINELY IN DISPUTE?

10) CAN THE ISSUES IN LITIGATION BE NARROWED BY AGREEMENT OR BY MOTIONS?


ARE THERE DISPOSITIVE OR PARTIALLY DISPOSITIVE ISSUES APPROPRIATE FOR
DECISION ON MOTION?

11) WHAT SPECIFIC RELIEF DO THE PARTIES SEEK? WHAT ARE THE DAMAGES
SOUGHT?

Page 2
12) DISCOVERY PLAN:

A. Mandatory Disclosures

The parties will exchange the mandatory disclosures required under Rule 26(a)(l) at least
seven (7) days prior to the date of the Rule 16 conference, unless they have obtained prior
approval from the assigned Magistrate Judge to extend that deadline.

B. Subjects of Disclosure

The parties jointly agree that discovery wil1 be needed to address the following subjects:

C. Discovery Sequence

Describe the parties' understanding regarding the timing ofthe discovery, and state whether
it is anticipated that discovery will be phased to address different issues in stages.

D. Written Discovery

Describe the written discovery demands which the parties contemplate serving under Rules
33, 34 and 36, including when they will be promulgated, the areas to be covered, and whether
there is any need for any party to exceed th~ number of interrogatories permitted under Rule
33.

Page 3
E. Depositions

Set forth the parties' expectations regarding depositions, including the approximate number
to be taken, their location, a general description of the deponents, and an indication of
whether any non-party fact depositions are anticipated.

F. .Experts

Set forth the parties' expectations regarding the retention of experts, and identify any
particular issues to be addressed by the court concerning the retention and exchange of the
information regarding experts, including whether the parties seek a variance from the expert
disclosure requirements of the form uniform pretrial scheduling order typically issued by the
court (i.e., initial expert disclosure at least ninety days, responsive expert disclosures at least
forty-five days, and rebuttal reports due at least thirty days, before the close of discovery).

G. Electronic Discovery

Set forth the parties ' understanding and expectations regarding discovery of electronically
stored information. This desc1iption should include any agreements reached with respect to
the retention of electronically stored infonnation and the manner in which it will be
produced, if requested. The parties should also identify any agreements regarding the manner
in which electronically stored information subject to claims of privilege or work product
protection will be handled, and whether a court order will be requested, either on stipulation
or otherwise, to address this issue. If an agreement has been reached on the entry of such an
order, provide a brief description of the provisions which will be included in a proposed
order.

Page 4
H. Protective Orders

If the parties anticipate requesting a protective order from the court pursuant to Rule 26(c),
describe the basis for the request and nature ofthe proposed protective order.

L Anticipated Issues Requiring Court Intervention

Provide a brief description of any discovery related issues which, the parties reasonably
anticipate, may require court intervention.

13) IS IT POSSIBLE TO REDUCE THE LENGTH OF TRIAL BY STIPULATIONS, USE OF


SUMMARIES OR STATEMENTS, OR OTHER EXPEDITED MEANS OF PRESENTING EVIDENCE?
IS IT FEASIBLE AND DESIRABLE TO BIFURCATE ISSUES FOR TRIAL?

14) ARE THERE RELATED CASES PENDING BEFORE THE JUDGES OF THIS COURT?

15) IN CLASS ACTIONS, WHEN AND HOW WILL THE CLASS BE CERTIFIED?

16) WHAT ARE THE PROSPECTS FOR SETTLEMENT? Please circle below the prospect for settlement:

1-----2---3--4--5--6- 7--8--9--10
(VERY UNLIKELY)-t -t -t -t -t -t -t -t -t -t -t -t (LIKELY)

CANNOT BE EVALUATED PRIOR TO _ __ _ _ _ _ _(DATE)

Page 5
HOW CAN SETTLEMENT EFFORTS BE ASSISTED?

(Do not indicate any monetary amounts at this time, settlement will be explored by the Magistrate Judge at the
time ofthe initial status conference)

COMPLETE QUESTION 17 ONLY IF YOUR FILING ORDER COVER SHEET WAS CHECKED AS AN
ADR TRACK CASE - Subject to Mandat01y Mediatio11 under General Order #47.

17) IF YOUR CASE WAS SELECTED AS A QUALIFYING MANDATORY MEDIATION CASE,


CONFIRM THAT YOU HAVE:

A. Reviewed General Order #47? YES /NO

B. Reviewed the List of Court Approved Mediators available on the NDNY website? YES/NO

C. Prepared to discuss with the Court, at the conference, whether your case should be opted
out of the program? YES / NO

D. Discussed the time frame needed to complete Mandatory Mediation? YES I NO

****************************************************************************************
Pursuant to Fed. R. Civ. P. 26(f) a meeting was held on _ _ _ _ _ _ at _ _ _ _ _ _ _ _ _and was
attended by: (Date) (Place)
_ _ _ _ _ _ _ _ _ _ _for plaintiff(s)

_ _ _ __ _ __ __ _ _for defendant(s)_ __ _ _ __ __ _ _ __ _ __ _ __ _
(party name)
_ _ __ _ _ _ __ _ _ _for defendant(s) _ __ _ _ __ __ _ _ __ __ _ _ __ _
(party name)
At the Rule 16(b) conference, the Court will issue an order directing the future proceedings in this action. The
parties are advised that failure to comply with this order may result in the imposition of sanctions pursuant to
Federal Rules of Civil Procedure 16(f).

Please detach this case management plan form and file electronically with the clerk no later
than seven (7) days in advance of the conference date.

Page 6
CASE ASSIGNMENT FORM

UNITED STATES DISTRICT COURT


FOR THE _NORTHERN DISTRICT OF NEW YORK

CIVIL ACTION NUMBER 1:19-CV-202, DNH/CFH

ALL CORRESPONDENCE AND FlLINGS SHOULD BEAR THE INITIALS OF THE ASSIGNED JUDGE AND
MAGISTRATE JUDGE IMMEDIATELY FOLLOWING THE CIVIL ACTION NUMBER.
(IE: CIVIL ACTION NO S:ll-CV-0123, NAM-DEP)

DOCUMENTS SHOULD BE FILED IN ACCORDANCE WITH GENERAL ORDER #22.

ACTION ASSIGNED TO THE JUDGE AND MAGISTRATE JUDGE CHECKED BELOW:

INITIALS
X JUDGE DAVID N. HURD (DNH)

X MAGISTRATE JUDGE CHRISTIAN F. HUMMEL (<:;:FH)

PRO SE LITIGANTS:
SEND ALL ORIGINAL PAPERS TO THE CLERK'S OFFICE LISTED BELOW:

Clerk, U.S. District Court


Alexander Pimie Federal Building
10 Broad Street
Utica NY 13501

All papers filed with the Court must conform to Local Rule 10.1

~COUNSEL~

ALL DOCUMENTS SHALL BE FILED ELECTRONICALLY


ON THE COURT'S CM/ECF SYSTEM

PLEASE REFER TO GENERAL ORDER #22


FOR PROCEDURES FOR FILING DOCUMENTS ELECTRONICALLY

Page 1
ALL NON-DISPOSITIVE MOTIONS ARE TO BE MADE RETURNABLE ON A SUBMIT BASIS BEFORE
THE ASSIGNED MAGISTRATE JUDGE. *PLEASE REFER TO LOCAL RULE 7.1 (b)1. * ALL MOTIONS
FILED AND MADE RETURNABLE BEFORE MAGISTRATE JUDGES WILL BE TAKEN ON A
SUBMIT BASIS UNLESS: THE PARTIES REQUEST ORAL ARGUMENT AND/OR THE COURT DIRECTS
THE PARTIES TO APPEAR FOR ORAL ARGUMENTS, PROVIDED, HOWEVER, THAT MAGISTRATE
JUDGE DAVID E. PEEBLES REQUIRES ORAL ARGUMENT ON ALL MOTIONS UNLESS THE COURT
DIRECTS OTHERWISE.

For more specific schedules please visit our website at:


www .nynd.uscourts.gov

MONTHLY MOTION SCHEDULES

JUDGE DAVID N. HURD MAGISTRATE JUDGE CHRISTIAN F. HUMMEL


2ND AND 4m FRIDAY OF EACH MONTH AT UTICA. 9:30A.M.- 3RD THURSDAY OF EACH MONTH AT
- Civil Motions at 10:00 a.m., Criminal Motions at 2:00 ALBANY. No oral argument on scheduled motion return
p.m. date, unless Judge Hummel's chambers sua sponte directs
or grants the request of any party for oral argument.

Page 2
CONSENT TO THE EXERCISE
OF CIVIL JURISDICTION BY A MAGISTRATE JUDGE

In accordance with the provisions of 28 U.S.C. Section 636(c), you are hereby notified that the United States Magistrate
Judges of this district court, in addition to their other duties, may, upon consent of all the parties in a civil case, conduct any
or all proceedings in the case, including a jury or non jury trial, and order the entry of a final judgment.

You should be aware that your decision to consent to the referral of your case to a United States Magistrate Judge for
disposition is entirely voluntary and should be indicated by counsel endorsing the attached consent form for the plaintiff(s)and
defendant(s). If the form is executed by all counsel for the parties (or by the parties if appearing prose), it should be
·communicated solely to the clerk of the district court. ONLY if all the parties to the case consent to the reference to a
magistrate judge will either the judge or magistrate judge to whom the case has been assigned be informed of your decision.

Your opportunity to have your case disposed of by a magistrate judge is subject to the calendar requirements of the court.
Accordingly, the district judge to whom your case is assigned must approve the reference of the case to a magistrate judge
for disposition.

ln accordance with 28 U.S. C. Section 636(c) (3), an appeal from a judgment entered by a magistrate judge will be taken to
the United States Court of Appeals for thjs judicial circuit in the same manner as an appeal from any other judgment of a
district court. See Also L.R. 72.2(b)(5).

Copies of the consent form are available in any office of the clerk of the court and on the court webpage at
www.nynd.uscourts.gov

**ATTACHED FOR YOUR CONSIDERATION IS A BLANK CONSENT FORM**

Page 3
UNITED STATES DISTRlCT COURT
for the
Northern District ofNew York

Christopher Earl Strunk

v. Civil Action No.: 1:19-CV-202 (DNH/CFH)

Tbe State of New York et al.

NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE

Notice ofa magistrate judge's availability. A United States magistrate judge of this court is available to conduct all proceedings
in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment. The judgment may then be appealed directly
to the United States court of appeals like any other judgment of this court. A magistrate judge may exercise this authority only if all parties
voluntarily consent

You may consent to have your case referred to a magistrate judge, or you may withhold your consent without adverse substantive
consequences. The name of any party withholding consent will not be revealed to any judge who may otherwise be involved with your
case.

Consent to a magistrate judge's authority. The following parties consent to have a United States magistrate judge conduct all
proceedings in this case including the trial, the entry of a final judgment, and all post-trial proceedings.

Parties ' printed names Signatures ofparties or attorneys Dates

REFERENCE ORDER

IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final
judgment in accordance with 28 U.S.C. §636(c) and Fed. R. Civ. P. 73.

Date: - - - - -- - -
District Judge's signature

Printed name and title

NOTE: Return this form to the clerk of the court only if you are consent to the exercise ofjurisdiction by a United States magistrate judge.
Do not return this form to a judge.
Case 1:19-cv-00202-DNH-CFH Document 6-1 Filed 02/27/19 Page 1 of 1
U.S. DISTRICT COURT- N.D. OF N.Y.
FILED
Christopher Earl Strunk FEB 2 7 2019
Post Office Box 70
Corinth, New York 12822 AT__ O'CLOCK
518-416-8743 ---
John f{ Domurad. Clerk. Utica
Email: chris@privateamericancitizen.org

Clerk of the United States District Court


for the Northern District of New York
Alexander Pirnse Federal Building
10 Broad Street
Utica, New York 13501

Re: STRUNK V. NYS ET AL. USDC NDNY Civil Case: 2019 CV 202
Subject: Original Documents for filing

Dear Clerk of the Court,

I am the Plaintiff in the above referenced Civil action, and attach herewith documents for filing
according to local rules of the Court:

• The Original Strunk Memorandum of Law in Support of an Order to Show Cause for
Preliminary Injunction Restmint endorsed 19 February 2019;
• The Original Strunk Declaration in Support of an Order to Show Cause for Preliminary
Injunction Restraint with Exhibits endorsed 18 February 20 19;
• CERTIFICATE PROOF OF MAIL SERVICE signed 22 February 2019;
• CERTIFICATE PROOF OF PERSONAL SERVICE signed 22 February 2019;

As of an hour ago I have caused personal service of the Summons and OSC supporting
documents for the State of New York at the AG office and the Governor, for which a certificate
will be sent to the Clerk under separate cover by Tuesday.

Respectfully yours,

February 'L~ 2019


Brooklyn, New York
Christopher Earl Strunk in esse Sui Juris in propria persona

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Case 1:19-cv-00202-DNH-CFH Document 5-1 Filed 02/27/19 Page 1 of 6 0

STRUNK V. NYS ET AL. USDC NDNY Civil Case: 2019 CV 202

CERTIFICATE PROOF OF SERVICE Page 1 of 2 plus 4 Exhibit pages

On 21 February 2019, Christopher Strunk provided me, Francisco M. Pohole, with documents to be
served upon Defendants by the United States Postal Service with each package that contains:
• The Original Summons of each named Defendant issued 14 February 2019 by the Clerk of the
Court; .
• a true copy of the Strunk Memorandum of Law in Support of an Order to Show Cause for
Preliminary Injunction Restraint endorsed 19 February 2019;
• a true copy of the Petition I Complaint with Exhibits signed 13 February 2019 and filed with the
Clerk of the Court on 14 February 2019;
• a true copy of the Strunk Declaration in Support of an Order to Show Cause for Preliminary
Injunction Restraint with Exhibits endorsed 18 February 2019;
• A true copy of the USDC NDNY NOTICE with General Order #25 with forms
Each set was placed in a envelope sealed for service on 21 February 2019 by USPS Certified Mail with
Return Receipt upon:
1. New York Senate Majority Leader ANDREA STEWART-COUSINS at 188 State Street Room 907
Legislative Office Building Albany, NY 12247 Certified Mail No.: 7018 2290 0002 0658 5724
2. New York Assembly Speaker CARL E. HEASTIE 1446 East Gun Hill Road Bronx, NY 10469
Certified Mail No.: 7018 2290 0002 0658 5656
3. THE CITY OF NEW YORK Corporation Counsel 100 Church Street New York New York 10007
Certified Mail No.: 7018 2290.0002 0658 5595
4. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Secretary Alex M. Az1Jr II Hubert
H. Humphrey Building 200 Independence Avenue, S.W. Washington, D.C. 20201
Certified Mail No.: 7018 2290 0002 0658 5618
5. U.S. DEPARTMENT OF HOMELAND SECURITY Secretary ofHomeland Security Kirstjen M.
Nielson 245 Murray Lane SW Washington, DC 20528-0075 Certified Mail No.: 7018 2290 0002
06585663
6. DEMOCRATIC NATIONAL COMMITTEE Chairman TOM PEREZ 430 South Capitol Street
Southeast Washington, DC 20003 Certified Mail No.: 7018 2290 0002 0658 5731
7. PLANNED PARENTHOOD FEDERATION OF AMERICA, INC. Headquarters 123 William
Street 1OTH Floor New York New York 10038 Certified Mail No.: 7018 2290 0002 0658 5700
8. Grant C. Jaquith the United States Attorney for the Northern District of New York U.S. Attorney's
Office 445 Broadway, Room 218 Albany, NY 12207-2924 Certified Mail No.: 7018 2290 0002
0658 5687
9. VOICE FOR CHOICE: PLANNED PARENTHOOD OF NEW YORK CITY ACTION FUND,
INC. Headquarters 26 BLEECKER STREET NEW YORK, NEW YORK, 10012 Certified Mail
No.: 7018 2290 0002 0658 5717
10. The U.S. Attorney General United States Department of Justice 950 Pennsylvania Ave., NW
Washin on, DC 20530 Certified Mail No.: 7018 2290 0002 0658 5694
U.S. DISTRia COURT- N.D. OF N.Y.
F \LED
I FEB 2 7 2019
AT _ _ O·CLOCK
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Case 1:19-cv-00202-DNH-CFH Document 5-1 Filed 02/27/19 Page 2 of 6

STRUNK V. NYS ET AL. USDC NDNY Civil Case: 2019 CV 202

CERTIFICATE PROOF OF SERVICE Page 2 of.2 plus 4 Exhibit pages

On 21 February 2019, Christopher Strunk provided me, Francisco M. Pohole, with a second set of
documents to be served upon Defendants by the United States Postal Service each package that contains:
• Copy of the Original Summons of each named Defendant issued 14 February 2019 by the Clerk of
the Court;
• a true copy of the Strunk Memorandum of Law in Support of an Order. to Show Cause for
Preliminary Injunction Restniint endorsed 19 February 2019; .
• a true copy of the Petition I Complaint with Exhibits signed 13 February 2019 and filed with the
Clerk ofthe Court on 14 February 2019;
• a true copy of the Strunk Declaration in Support of an Order to Show Cause for Preliminary
Injunction Restraint with Exhibits endorsed 18 February 2019;
• A true copy of the USDC NDNY NOTICE with General Order #25 with forms
. .
Each set was placed in a envelope sealed for sei'Vice on 21 February 2019 by regular Mail upon:
. ' .
1. New York Senate Majority Leader ANDREA STEWART-COUSINS at 188 State StreeJ.Room 907
Legislative Office Building Albany, NY 12247
2. New York Assembly Speaker CARL E. HEASTIE 1446 East Gun Hill Road Bronx, NY 10469
3. THE CITY OF NEW YORK ~orporation Counsel 1OO:Church Street New York New York 10007
4. U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES Secretary Alex M. Azar II Hubert
H. Humphrey Building 200 Independence Avenue, S.W. Washington, D.C. 20201 ,
5. U.S. DEPARTMENT OF HOMELAND SECURITY Secretary of Homeland Security Kirstjen M.
Nielson 245 Murray Lane SW Washington, DC 20528-0075
6. DEMOCRATIC NATIONAL COMMITTEE Chairman TOM PEREZ 430 South Capitol Street
Southeast Washington, DC 20003
7. Grant C. Jaquith the United States Attorney for the Northern District ofNew York U.S. Attorney's
Office 445 Broadway, Room 218 Albany, NY 12207-2924
8. The U.S. Attorney General United States Deparqnent of Justice 950 Pennsylvania Ave., NW
Washington, DC 20530

Attached is a copy of the Certified Mail numbers receipt and proof of payment of mailings
Accordingly, I, Francisco M. Pohole, state, declare and velify that I am over 21 years of age, not a
party to this case, and am the server of each above set of package(s) that are true and correct to the
best of my knowledge and that I duly served each upon the named Defen ants under penalty of
perjury with 28 USC 1746.
Dated: February~ 2019
Brooklyn New York
Francisco M. Pohol server
4405 8th Avenue PMB 19
Brooklyn, New York 11220
Case 1:19-cv-00202-DNH-CFH Document 5-1 Filed 02/27/19 Page 3 of 6

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THE CITY OF NEW YORK
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Washington. DC 20530 __illlll~ NewY_o_rn_~~w.~Y=or:k~1~0:00:7__JIIImlli

-
--------
Case 1:19-cv-00202-DNH-CFH Document 5-1 Filed 02/27/19 Page 5 of 6

::::::::===~======~===:===========~===
BAY RIDGE
5501 7TH AVE 1

--
BROOKLYN
NV
11220-9997
3508030304
02/21/2019 {800)275-8777 1:41 PH
======================================
=======================:;:============ ~3.50
Product , · Sale Final
Description · Qty Price
Ffrst-Cfass · ··--T···.: -:..R65- $2.80
Mail
Large Envul ope (e0U$PS Return Receipt #)
· <Domestic) (9590940240158079027988)
<ALBANY, NV 12224) First-Class 1 $2.80
· <Welght:O Lb 11.20 Oz) Mail
<Estimated Delivery Date> Large Envelope
CSalur.day 02/23/2019) <Domestic> .
Flrst-Ol~s 1 $2.65 <BRONX, NV 10469)
Mall · ·· <Wetght:O Lb 12.60 Oz)
Large Enieope <Estlmated.DeliverY Date)
CDoli'eS ic> (Saturday 02( $
<ALB , NY 12247> · ed 1 3•
CWelg}l :0-l:.b 11.40 Oz) (eelJSPS Certified Hall #)
·<Estimated Delivery Date> <70162290000206585656 $2 80
<Saturday 02/23/2019) Retur ·
. :t::Class. . 1 $2.65 Receipt
Mall te®USPS Return Receipt #)
Large Enve 1ope t {9590940240158079027940) ..
C001118Stic)
<NEW YORK, NY 10007>
.. •
J First-Class
Mail
1 $2.80
<Welght:O Lb 11.30 Oz> Large Envelope
<Estimated Delivery Date) <Domestic)
<Saturday 02/23/2019) <NEW YORK, NV 10012>
First-Class 1 $2.65 <Wetght:O Lb 12.70 Oz)
Hall . <Estimated Delivery Date>
Large Enve 1ope (Saturday 02/23/2019>
(Domestic) certified 1 $3.50
<WASHINGTON, DC 20003> <eaUSPS Certified Mall #)
<Weight:O Lb 11.30 Oz> (70182290000206565717>
<Estimated Delivery Date> Return 1· $2.80
<Saturday 021p312019> Receipt .
First-Class · 1 $2.65 • <60USPS Return Receipt H>
Mall (9590940240158079028060)
Large Envelope First-Class 1 $2.80
<Domestic) Hall
<WASHINGTON, DC 20528> Large Envelope.
CWelght:O Lb 11.30 Oz) <Domestic}
<Estimated Delivery Date) (AlBANY, NV 12247>
<Saturday 02/23/2019} <Welght:O Lb 12.70 Oz)
First-Class 1 $2.65 (Estimated Delivery Date>
Mal I
Large Enve Iope Cer~~;1~day 02/23/2~19> $3. 50
<Domestic> <mmUSPS Certified Mall #)
<BRONX, NY 101169> <70182290000206585~24} 0
' CWelght:O Lb 11.10 Oz> Return 1 $2 ·8
<Estimated Delivery Date> Receipt
<Saturday 02/23/2019) <OOUSPS Return Receipt ##>
First-Class 1 · $2.65 (9590940240158079027995)
HaiJ
Lar· ge Enve1ope First-Class 1 .... $2 ·80
1 <Domestic>
Ma\1
<WASHINGTON, 'DC 20530) Large Enve 1ope
<Domestic>
<Welght:O Lb 11.10 Oz)

I
<WASHINGTON, DC 20003>
<Estimated Delivery Date> Uletght:O Lb 12.90 02>
<Saturdoy 02/23/2019> <Eotlmated Dallverv Date>
First-Class 1 $2.65 <Saturday 02/23/2019> $3 50
Map
Large Envelope Certified 1 ·
(00\JSPS Certified Hat 1 If}
<Domestic> (70182290000206585731)
<11ASHINGTON, DC 20201> Return 1 $2 .so
elght:O Lb 11.30 Oz> Receipt .
i Estimated Delivery Date> <m®USPS Return Rece1pt I#} '
--· ~ ] aturday 02/23/2019>
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. - (9590940240158!)]9027689)
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~
1 $2. sa------
Case 1:19-cv-00202-DNH-CFH
PM 2-Day --
Document 5-1
Flat Filed
Rate Env02/27/19 Page 6 of 6
<Domestic>
~-, .3!01
- ,-
<Domestic> <ALBANY, NV 12207>
<WASHINGTON. DC 20528> <Flat Rate>
<Welght:O Lb 12.70 Oz) (Expected Delivery Date>
<Estimated Delivery Date> <Saturday 02/23/2019>
<Saturday 02/23/2019> CUSPS Tracking II>
Certified 1 $3.50 (9505 5132 2646 9052 2314 75>
C@!JUSPS Certified Mall I#> Insurance 1 $0.00
(70182290000206585663) CUp to $50.00 Included)
Return
Receipt
1 $2.80 rotar-·----- · --$124:45-
<®®USPS Return Receipt #)
(9590940240158079027971} Debit Card Remit'd $124.45
First-Class 1 $2.80 <Card Name:VISA>
Mail <Account ##:XXXXXXXXXXXX2722>
Large Envelope <Approval II: >
<Domestic> <Transaction #:676>
<ALBANY. NV 12207) <Receipt 1#:007751>
<Welght:O Lb 12.60 Oz>
<Estimated Delivery Date}
<Saturday 02/23/2019>
Certified 1
cemuSPs Certified Mall H>
<70182290000206585687)
$3.50
<Debit Card Purchase:$124.45>
<Cash Back:$0.00>
<AID:A0000000980840
CAL:US DEBIT>
<PIN: Veri11 eel>
Chip) I
Return 1 $2.80 Includes up to $50 Insurance
Receipt
<~USPS Return Receipt #) Text your tracking number to 28777
(9590940240158079028091) C2USPS> to get the latest status.
First-Class 1 $2.80 Standard Message and Data rates may
Mail apply. You roay also visit www.usps.com
Large Envel ope USPS Tracking or call 1-800-222-1811.
<Domestic>
<NEW VORl(. NY 10038>
CWelght:O Lb 12.60 Oz> Save this receipt as evidence of
<Estimated Delivery Date> insurance. For information on fll ing
<Saturday 02/23/2019> an Insurance claim go to
Certified 1 $3.50 https://www.usps.com/halp/clalms.htm
<~USPS Certified Mall #)
(70182290000206585700) Preview your Mall
Return 1 $2.80 Track your Packages
Recel~t Sign up for FREE 0
<®@USPS Return Receipt #} www. Informedde I i very. com
(9590940240158079028077)
PM 2-Day 1 $7.70
<Domestic> All sales final on stamps and postage
<WASHINGTON, DC 20530> Refunds for guaranteed services only
CWelght:O Lb 14.50 Oz> Thank you for your bus I ness
<Expected Delivery Date>
<Saturday 02/23/2019> HELP US SERVE YOU BETTER
Certified 1 $3.50
(liilJSPS Certified Mai I ##) TaL US ABOUT VOUR RECENT
(70182290000206585694} POSTAL EXPERIENCE
Return 1 $2.80
Receipt Go to:
(®®USPS Return Receipt #) https://postalexperience.com/Pos
(9590940240158079028084)
First-Class 1 $2.80 840-5110-0067-001-00036-02083-02
Mall
Large f!nvel eptt or scan this code with
<Domestic> YC\J1" m= i I Cl cfov I 00 I
<NEW YORK, NV 10007>
<Welght:O Lb 12.60 Oz)
Certified 1 $3.50
C®iUSPS Certified Mall #)
(7018~290000206585595)
Return 1 $2. 80
Receipt
<~USPS Return Receipt U>
----~(~95~$m~4~@c4~Q1~-~~Q~7~~-~9~~~)~·~n~n==~--_._-~~
or call 1-800-410-7420.
YOUR OPINION COUNTS

,... Bl I I t#: 840-51100067-1-3602083-2


• Clerk: 30
Case 1:19-cv-00202-DNH-CFH Document 5 Filed 02/27/19 Page 1 of 5

STRUNK V. NYS ET AL. USDC NDNY Civil Case: 2019 CV 202


CERTIFICATE PROOF OF SERVICE Page 1 plus 4 Exhibit pages

On 22 February 2019, Christopher Strunk provided me, Francisco M. Pohole, with a set of documents to
be served upon Defendants by the Personal Service of each package that contains:
~~ Copy of the Original Summons of each named Defendant issued 14 February 2019 by the Clerk of
the Court;
e a true copy of the Strunk Memorandum of Law in Support of an Order to Show Cause for
Preliminary Injunction Restraint endorsed 19 February 2019;
o a true copy of the Petition I Complaint with Exhibits signed 13 February 2019 and filed with the
Clerk of the Court on 14 February 2019;
o a true copy of the Strunk Declaration in Support of an Order to Show Cause for Preliminary
Injunction Restraint with Exhibits endorsed 18 February 20 19;
o A true copy of the USDC NDNY NOTICE with General Order #25 with forms
lEach set was placed in a envelope sealed for personal service on 22 February 2019 upon:
1. First I went to personally serve Warren "BILL DEBLASIO" Wilhelm Jr .. Mayor of NYC City Hall
New York. NY 10007, whereto I went to City hall and was told by the Policeman Guard to go to the
mailroom at 100 Gold Street whereat I was told to go to the One Centre Street Mailroom on the
Ground Floor at the North end of the Building where the personal Mailbox for the Mayor is and that
the Mailroom supervisor Anthony Watts at 3:30PM received the Original Summons Package and
also received the copy of the Summons package. stamped and signed both cover sheets herewith in
exhibit:
2. Then I went to serve the PLANNED PARENTHOOD FEDERATION OF AMERICA. INC.at
Headquarters 123 William Street Mailroom at the 9th Floor New York Nc\v York 10038 \Vhcreat the
copy of the Summons package service for its president Dr. Leana Wen was received by the
Mailroom supervisor Amar Sewnault who signed cover sheets herewith in exhibit:
3. Then I went to serve the VOICE FOR CHOICE: PLANNED PARENTHOOD OF NEW YORK
CITY ACTION FUND. INC. Headquarters at 26 BLEECKER STREET NEW YORK. NEW
YORK. 10012 Mailroom at the Ground Floor whereat the copy of the Summons package service for
its president Dr. Leana Wen was received by the Mailroom supervisor say ONeil Dennis \Vho signed
cover sheets herewith in exhibit:

Attached are the original cover sheets


Accordingly, I, Francisco M. Pohole, state, declare and verify that I am over 21 years of age, not a
party to this case, and am the server of each above set of package(s) that are true and correct to the
best of my knowledge and that I duly served each upon the named Defen under penalty of
perjury with 28 USC 1746.
ated: February _k1c 2019
U.S. DISTRIG CBmokiNm York
FILED Francisco M. Pohole server
4405 8th Avenue PMB 19
FtB 2 7 2019 Brooklyn, New York 11220

AT__ O'CLOCK
---
John M. Oomurad, Clerk_ Utica
Case 1:19-cv-00202-DNH-CFH Document 5 Filed 02/27/19 Page 2 of 5

Mailroom Delivery for:

Mayor BILL DE BLASIO

Personal and Confidential

Location:

Mayor Bill de Blasio


City Hall New York, NY 10007
PHONE 212-NEW-YORK

6 Train, R Train -:-;


f;~! ~ . .
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RECEIVED BY:
l

SIGNATURE : iZL~t.ea6
Case 1:19-cv-00202-DNH-CFH Document 5 Filed 02/27/19 Page 3 of 5

Mailroom Delivery for:

Mayor BILL DE BLASIO

Personal and Confidential

Location:

Mayor Bill de Blasio .- ..


City Hall New York, NY IOOQ7 : .
PHONE 212-NEW-YORK~~ : · -~·- ~ :~··
N
-
·o .< :
.•

6 Train, R Train

RECEIVED BY:

SIGNATURE :
Case 1:19-cv-00202-DNH-CFH Document 5 Filed 02/27/19 Page 4 of 5

Delivery for:

PLANNED PARENTHOOD FEDERATION OF AMERICA, INC.;

Attention: Dr. Leana Wen, President


Personal and Confidential

Location:

Location Headquarters at:

123 William Street lOth Floor


New York New York 10038
CALL 1-800-430-4907

1 Train, 3 Train to Wall Street

RECEIVED BY: i)j/1;;141( f:?EJA_/h/1/Ut l~


I

SIGNATURE : (bLJPA [10-A--t-t


Case 1:19-cv-00202-DNH-CFH Document 5 Filed 02/27/19 Page 5 of 5

Delivery for:. ~

VOICE FOR CHOICE: PLANNED PARENTHOOD


OF NEW YORK CITY ACTION FUND, INC.

Attention: Dr. Leana Wen, President


Personal and Confidential

Location Headquarters at:

26BLEECKERSTREET
NEW YORK, NEW YORK, 10012

1 Train, 3 Train to Wall Street

RECEIVED BY:

SIGNATURE :
Case 1:19-cv-00202-DNH-CFH Document 7-1 Filed 03/01/19 Page 1 of 4

STRUNK y.NYS ET AL. USDC NDNY Civil Case: 2019 CV 202

CERTIFICATE PROOF OF SERVICE Page 1 plus 3 Cover Pages

On 22 February 2019, Christopher Strunk by Express mail provided me, Harold W. Van Allen, with a set of
documents to be served upon Defendants by Personal Service of each package:

The First Package


• The Original Summons of each named Defendant issued 14 February 2019 by the Clerk of the Court;
a true copy of the Strunk Memorandum of Law in Support of an Order to Show Cause for Preliminary
Injunction Restraint endorsed 19 February 20 19;
a true copy of the Petition I Complaint with Exhibits signed 13 February 2019 and filed with the Clerk of
the Court on 14 February 2019;
.. a true copy of the Strunk Declaration in Support of an Order to Show Cause for Preliminary Injunction
Restraint with Exhibits endorsed 18 February 2019:
o A true copy of the USDC NDNY NOTICE with General Order #25 with forms and

The Second package


Copy of Original Summons of each Defendant issued 14 February 2019 by the Clerk of the Court;
o a true copy of the Strunk Memorandum of Law in Support of an Order to Show Cause for Preliminary
Injunction Restraint endorsed 19 February 20 19;
a true copy of the Petition I Complaint with Exhibits signed 13 February 2019 and filed with the Clerk of
the Court on 14 February 2019:
a true copy of the Strunk Declaration in Support of an Order to Show Cause for Preliminary Injunction
Restraint with Exhibits endorsed 18 February 2019;
o A true copy of the USDC NDNY NOTICE with General Order #25 with forms

Each set was placed in a envelope sealed for personal service on 25 February2019 with a cover sheet upon:

1. I went to personally serve Tl-ffi STATE OF NEW YORK at The Capitol ALBANY OFFICE of Letitia James
New York State Attorney General, the Capitol Albany, NY 12224-0341 by going to the Justice Building at the
2nd Floor of the Empire State Plaza where the person authorized to receive service, Ken Krueger Office
Assistant 3, received the Original Summons Package and Copy- signed both cover sheets -herewith in exhibit;

2. I went to personally serve Andrew M. Cuomo Governor of New York State at the State Capitol Building
Albany, NY 12224 where the person authorized, Denise Gagnon, received the Original Summons
Package, stamped and signed the cover sheet- herewith in exhibit:

Attached herewith arc the original cover sheets

Accordingly, I, Harold W. Van Allen, state, declare and verity that I am over 21 years of age, not a party to
this case, am the server of each above set of package(s) that are true and correct to the best of my
knowledge and that J duly served each upon named Defendants under penalty of perjury with 28 USC 1746.

Dated: Febru~~b2019 ft.,._,~ U.S. DISTRia COURT - N.D. OF N.Y.


Hurley New York Harold W, Van Allen- server F I L E.D
351 North Road
Hurley, NewYork 12443 MAR 0 1 2019

AT O'CLOCK._ __
John 1~. D· Jmurad. Clerk - Utica
Case 1:19-cv-00202-DNH-CFH Document 7-1 Filed 03/01/19 Page 2 of 4

Delivery for:

Andrew M. Cuomo
Governor ofNew York State
NYS State Capitol Building
A.lbany, l\IY 12224

Attention: Andrevv l'A. Cuotno

Personal and Confidential


Location: Governors Office

RECEIVED BY:

S1G1~ATURE
·- Case 1:19-cv-00202-DNH-CFH Document 7-1 Filed 03/01/19 Page 3 of 4

Delivery for:

THE STATE OF NEW YORl<


The Capitol
_ALBANY OFFICE
The Capitol Albany, NY
12224-0341

Attention: Letitia James New York State Attorney General

Personal and Confide11tial

Location: Justice Building at the 2nd Floor of


the Empire State Plaza

RECEIVED BY:

SIGNATURE
-
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1£ :Z Wd SZ 93.:1-GIOZ
031\\303\'J
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Case 1:19-cv-00202-DNH-CFH Document 7-1 Filed 03/01/19 Page 4 of 4

Delivery for:

THE STATE OF NEW YORK


The Caoitol
~

.ALBANY OFFICE
The Capitol Albany, N'Y
12224-0341

Attention: Letitia James New York State Attorney General

Personal and Confidential

Location: Justice Building at the 2nd Floor of


the Empire State Plaza

RECEIVED BY:
Ken Krueger
Office Assistant 3
SIGNATURE . - ........
,, _____

OF: :z Wd SZ 83.:UIOZ
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Case 1:19-cv-00202-DNH-CFH Document 10-1 Filed 03/12/19 Page 1 of 7
Case 1:19-cv-00202-DNH-CFH Document 10-1 Filed 03/12/19 Page 2 of 7
Case 1:19-cv-00202-DNH-CFH Document 10-1 Filed 03/12/19 Page 3 of 7
Case 1:19-cv-00202-DNH-CFH Document 10-1 Filed 03/12/19 Page 4 of 7
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Case 1:19-cv-00202-DNH-CFH Document 10-1 Filed 03/12/19 Page 6 of 7
Case 1:19-cv-00202-DNH-CFH Document 10-1 Filed 03/12/19 Page 7 of 7