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JOHN C. COUGHENOUR, JUDGE

UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF WASHINGTON UNITED STATES OF AMERICA, (INC) Plaintiff (Capacity Bankrupt Legal Fiction) ) ) ) ) v. ) ) RONALD L. BREKKE, ) Defendant ) (Capacity ENS LEGIS, Legal Fiction) ) _______________________________________ ) Ronald Lee Brekke, ) ) Third Party Plaintiff ) ) (Capacity Administrator / Beneficiary) ) ) v. ) ) UNITED STATES OF AMERICA, (INC) ) ) ) CASE NO. CR10-328-JCC

AFFIDAVIT RE HEARING AND ATTORNEY REPRESENTATION by Ronald Lee Brekke, Beneficiary / Administrator

Note: September 19, 2011

AFFIDAVIT RE HEARING AND ATTORNEY REPRESENTATION by Ronald Lee Brekke, Beneficiary / Administrator I, Ronald Lee Brekke, one of the people of California, Real Party in interest, Beneficiary and Administrator of the RONALD L. BREKKE TRUST / ESTATE hereinafter, Petitioner, state on and for the record that Affiants presence here is special. All parties whatsoever are estopped henceforth from acting against any of Affiants rights and property in any manner regarding this matter

__________________________________________1____________________________________________AFFIDA VIT RE HEARING AND ATTORNEY REPRESENTATION RONALD L. BREKKE

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because Code is "not the law" (In Re Self v Rhay, 61 Wn (2d) 261) defined by Black's Law Dictionary as prima facie, which is color of law; color is "counterfeit or feigned". (Exhibit A) Advisement of Reservation of Rights attached hereto and incorporated herein by reference) I am competent to state to the matters included in this Affidavit, have personal knowledge of the facts based on personal experience and/or research, and declare that the statements made herein, are factual and correct to the best of my knowledge, information and belief, and not meant to mislead. I am a Living Sentient Being. The Flesh lives and the blood flows. I seek Remedy.

1- On September 8, 2011 Affiant spoke, via telephonic means, with Attorney Robert M. Leen and Magistrate Mary Alice Theiler of the United States District Court Western District of Washington, hereinafter, the Court, regarding the issue of representation for the Defendant by Attorney Robert M. Leen; 2- Affiant objects to and denies Attorney Robert M. Leen as representation for Defendant; 3- Affiant objects to and denies representation of any kind for Defendant; 4- Affiant objects to and denies Robert M. Leen is attorney for Defendant; 5- Affiant stated, on and for the record, at the September 8, 2011 hearing, Affiant is open to accepting competent and effective assistance of counsel, as guaranteed by the Amendment VI of Constitution of the United States and Affiant did not then, nor does Affiant now, waive that right; 6- The Court responded by stating that representation and assistance of counsel mean the same thing; 7- Affiant has seen no evidence that assistance of counsel and representation legally mean the same thing and believes none exists; 8- Affiant pointed out that pursuant to Corpus Juris Secundum when a Defendant has attorney representation, that Defendant is a ward of the court and is deemed incompetent to speak for oneself; 9- The Court stated that Affiant was incorrect and that having attorney representation means
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one is competent, without supporting her opinion with any legal reference(s) of any kind; 10Affiant has not been able to find any legal definitions, code references or case law to

support the above stated opinions of the Court and believes none exists; 11Affiant does not now nor has Affiant ever accepted representation by Attorney

Robert M. Leen, nor will Affiant ever accept representation by Robert M. Leen or any other attorney; 12It is a constitutionally protected and guaranteed right to defend oneself and speak for

oneself and Affiant intends to exercise that right as Pursuant to 28 USC 2072(b) ... Rules shall not abridge, enlarge or modify any substantive right; 13The Court effectively concurred that Robert M. Leens sole claim that he helped

someone receive a lesser sentence 20 years ago constituted effective and competent assistance of counsel. Affiant objects and denies one lesser sentence in 20 years constitutes competent and effective assistance of counsel; 14Affiant previously established on and for the record that Robert M. Leen is not

competent or effective assistance of counsel in this matter; It has long been recognized that the right to counsel is the right to effective assistance of counsel. Reece v. Georgia, 350 U.S. 85, 90, 170 (1955) 15Judge John C. Coughenour, Magistrate Mary Alice Theiler, Attorneys Jenny

Durkan, Thomas Woods, Tessa Gorman, Robert M. Leen as well as all other public officials involved in any way with said case have a sworn oath of office to support and defend the Constitution of the United States and the state in which he/s she resides, namely the State of Washington; 16Judge John C. Coughenour, Magistrate Mary Alice Theiler, Attorneys Jenny

Durkan, Thomas Woods, Tessa Gorman, Robert M. Leen as well as all other public officials involved in this matter have sworn an oath to protect the rights of the people as per the Bill of Rights; 17Any actions taken by ANY public official contrary to his/her sworn oath of office

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constitute perjury to his/her oath of office, sedition, insurrection and treason against the United States; 18Defendant is being denied due process by having an attorney, in a representative

capacity, forced upon Defendant; 19Pursuant to his/her sworn oath of office, it is each public officials duty to protect

Defendant and Affiants God-given and constitutionally guaranteed right to freedom of speech, the right to freedom of the press and the right to freedom of assembly; 20Affiant is an immortal living soul created in the image of God; here as one of the

live flesh and blood people; a trinity of mind, body and spirit; sovereign in authority; a tribunal of the court of record of the final jurisdiction of my sovereign estate. Affiant was born a child of God and Affiant is living as a man of peace. A Notary public has witnessed Affiants existence and status as a man and has placed their seal below. As a man Affiant has dominion over the earth and Affiant is not subject to the codified laws of this civil society, for codified laws only apply to legal PERSONS; 26 USC 7701. Definitions (a) When used in this title, where not otherwise distinctly expressed or manifestly incompatible with the intent thereof (1) Person The term person shall be construed to mean and include an individual, a trust, estate, partnership, association, company or corporation. 26 USC 6671. Rules for application of assessable penalties (b) Person defined The term person, as used in this subchapter, includes an officer or employee of a corporation, or a member or employee of a partnership, who as such officer, employee, or member is under a duty to perform the act in respect of which the violation occurs; 21Affiant has seen no law that allows a court, prosecutor, agent or the like to force the

status of (legal) person or taxpayer upon Affiant and believes none exists;
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Federal Statutes Title 28, 28 USC Part VI, chapter 151, section 2201 removes the authority of Federal Courts to declare the status of taxpayer on a Sovereign American of the United States of America.. Cite: CIR v. Trustees of L. Inv. Assn, 100 F. 2nd 18 (1939). 22Ronald Lee Brekke, living man, is the beneficiary and Administrator of the

RONALD L. BREKKE ESTATE / TRUST; 23For purposes of the Case being conducted at the United States District Court

Western District Court of Washington at Seattle, public official Judge John C. Coughenour is the trustee of the RONALD L. BREKKE ESTATE / TRUST for the purposes of this and any related case(s) as well as being trustee of the constructive trust called case No. CR10-328-JCC; 24Magistrate Mary Alice Theiler, Jenny Durkan, Thomas Woods, Tessa Gorman and

Robert M. Leen and all other public officials involved in said case are hereby appointed as cotrustees of the RONALD L. BREKKE TRUST / ESTATE for the purposes of this and any related case(s) and as public officials owe a fiduciary duty to Ronald Lee Brekke as per 63C Am.Jur.2d, Public Officers and Employees, 247* As expressed otherwise, the powers delegated to a public officer are held in trust for the people and are to be exercised in behalf of the government or of all citizens who may need the intervention of the officer. [1] Furthermore, the view has been expressed that all public officers, within whatever branch and whatever level of government, and whatever be their private vocations, are trustees of the people, and accordingly labor under every disability and prohibition imposed by law upon trustees relative to the making of personal financial gain from a discharge of their trusts. [2] That is, a public officer occupies a fiduciary relationship to the political entity on whose behalf he or she serves. [3] and owes a fiduciary duty to the public. [4] It has been said that the fiduciary responsibilities of a public officer cannot be less than those of a private individual. [5] Furthermore, it has been stated that any enterprise undertaken by the public official who tends to weaken public confidence and undermine the sense of security for individual rights is against public policy. Fraud in its elementary common law
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sense of deceit-and this is one of the meanings that fraud bears [483 U.S. 372] in the statute. See United States v. Dial, 757 F.2d 163, 168 (7th Cir 1985) includes the deliberate concealment of material information in a setting of fiduciary obligation. A public official is a fiduciary toward the public, including, in the case of a judge, the litigants who appear before him and if he deliberately conceals material information from them, he is guilty of fraud. McNally v United States 483 U.S. 350 (1987)

Silence can only be equated with fraud when there is an actual or moral duty to speak, or when an inquiry left unanswered would be intentionally misleading We cannot condone this shocking conduct If that is the case we hope our message is clear. This sort of deception will not be tolerated and if this is routine it should be corrected immediately. U.S. v. Tweel, 550 F2d 997, 299-300 CONCLUSION Robert M. Leen does not now, nor has he ever represented Defendant RONALD L. BREKKE. Robert M. Leen is not effective or competent assistance of counsel in this matter. The Constitution of the United States Amendment VI guarantees assistance of counsel and makes no reference to representation. Representation is not defined as Assistance of Counsel. All public officials have a sworn duty to support and defend the Constitution of the United States and the state in which he/she resides. Public officials also have a fiduciary duty to the people. Public officials breach their fiduciary duties and perjure their oath when they violate the RIGHTS of the people. It is Affiants right to defend and speak for himself. Rules do not abridge rights. As administrator of the RONALD L. BREKKE ESTATE / TRUST, I hereby appoint John C. Coughenour as trustee and Mary Alice Theiler, Jenny Durkan, Thomas Woods, Tessa Gorman, Robert M. Leen and all other unnamed public officials involved in this case as assistant trustees for the RONALD L. BREKKE ESTATE / TRUST and the constructive trust Case No. CR10-328-JCC.
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I hereby and herein reserve the right to amend and make amendments to this document as necessary in order that the truth may be ascertained and proceedings justly determined.

MAXIMS AN UNREBUTTED AFFIDAVIT STANDS AS TRUTH IN COMMERCE

AN UNREBUTTED AFFIDAVIT IS ACTED UPON AS THE JUDGMENT IN COMMERCE. ALL CORPORATE GOVERNMENT IS BASED UPON COMMERCIAL AFFIDAVITS, COMMERCIAL CONTRACTS, COMMERCIAL LIENS AND COMMERCIAL

DISTRESSES, HENCE, GOVERNMENTS CANNOT EXERCISE THE POWER TO EXPUNGE COMMERCIAL PROCESSES.

THE

LEGITIMATE

POLITICAL

POWER

OF

CORPORATE

ENTITY

IS

ABSOLUTELY DEPENDENT UPON ITS POSSESSION OF COMMERCIAL BONDS AGAINST PUBLIC HAZARD, BECAUSE NO BOND MEANS NO RESPONSIBILITY, MEANS NO POWER OF OFFICIAL SIGNATURE, MEANS NO REAL CORPORATE POLITICAL POWER, MEANS NO PRIVILEGE TO OPERATE STATUTES AS THE CORPORATE VEHICLE.

THE

CORPORATE

LEGAL

POWER

IS

SECONDARY

TO

COMMERCIAL

GUARANTORS. CASE LAW IS NOT A RESPONSIBLE SUBSTITUTE FOR A BOND.

EXCEPT FOR A JURY, IT IS ALSO A FATAL OFFENSE FOR ANY PERSON, EVEN A JUDGE, TO IMPAIR OR TO EXPUNGE, WITHOUT A COUNTER-AFFIDAVIT, ANY AFFIDAVIT OR ANY COMMERCIAL PROCESS BASED UPON AN AFFIDAVIT.

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GOVERNMENTS CANNOT MAKE UNBONDED RULINGS OR STATUTES WHICH CONTROL COMMERCE, FREE ENTERPRISE MEN AND WOMEN, OR SOLE PROPRIETORSHIPS WITHOUT SUSPENDING COMMERCE BY A GENERAL DECLARATION OF MARTIAL LAW.

NOTICE TO AGENT IS NOTICE TO PRINCPIAL NOTICE TO PRINCIPAL IS NOTICE TO AGENT

Reserving ALL Natural God-Given Unalienable Birthrights, Waiving None, Ever, Further Affiant sayeth naught. I declare under penalty of perjury that the foregoing is true and correct. Signed on this the _____ day of the _____ month in the year of our Lord two thousand eleven.

RONALD L. BREKKE, by:___________________________ Administrator of RONALD L. BREKKE ESTATE / TRUST

"I reserve my right not to be compelled to perform under any contract, commercial agreement or bankruptcy that I did not enter knowingly, voluntarily, and intentionally. And furthermore, I do not and will not accept the liability of the compelled benefit of any unrevealed contract or commercial agreement or bankruptcy." JURAT State of California ) ) ss. Orange County )

SUBSCRIBED AND AFFIRMED before me on this ________day of________________, 2011 by Ronald Lee Brekke who proved to me on the basis of satisfactory evidence to be the man who

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appeared before me __________________________________________, Notary Public, and whose name is subscribed on this Document / Instrument; witnessed by my signature and official stamp.

NS: ____________________________________ Signature of Notary Public

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

CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document, AFFIDAVIT RE HEARING AND ATTORNEY REPRESENTATION by Ronald Lee Brekke, Administrator / Beneficiary for Case No. CR10-328-JCC in the US DISTRICT COURT OF WASHINGTON AT SEATTLE was sent by mail, sufficient postage prepaid, to the following, whose names and addresses are listed below, on this the _____ day of the ______ month in the year of our Lord, two thousand eleven.

_____________________________ Eliseo Reyes Resurreccion, Junior

UNITED STATES OF AMERICA, C/O JENNY DURKAN, US ATTORNEY US DISTRICT COURT 700 STEWART STREET, SUITE 5220 SEATTLE, WASHINGTON 98101 DEPARTMENT OF TRANSPORTATION, RAY LAHOOD, SECRETARY 1200 NEW JERSEY AVE SOUTHEAST WASHINGTON, DISTRICT OF COLUMBIA 20590 Pursuant to: [46 USC 31321] Filing, recording, and discharge
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DOUGLAS H. SHULMAN, IRS COMMISSIONER, INTERNAL REVENUE SERVICE CRIMINAL DIVISION, BOX 192 COVINGTON, KENTUCKY 41012 ERIC H. HOLDER, JR., DBA US ATTORNEY GENERAL U.S. DEPARTMENT OF JUSTICE, 950 PENNSYLVANIA AVENUE, NW WASHINGTON, DC 20530 J. RUSSELL GEORGE, DBA INSPECTOR GENERAL FOR TAX ADMINISTRATION 1125 - 15TH STREET NW - WASHINGTON DISTRICT OF COLUMBIA 20005 JERRY BROWN, DBA - GOVERNOR OF STATE OF CALIFORNIA C/O OFFICE OF THE ATTORNEY GENERAL, 1300 I ST. SACRAMENTO, CALIFORNIA 95814 CHRISTINE GREGOIRE, DBA - GOVERNOR OF STATE OF WASHINGTON C/O OFFICE OF THE ATTORNEY GENERAL, 1125 WASHINGTON ST. SE. PO BOX 40100, OLYMPIA, WASHINGTON 98504-0100

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