[Cornforthseminar] Trinsey v Pagliaro, 229 F.Supp. 647

Marcel Bendshadler KC7AQK at worldnet.att.net
Fri Mar 5 10:07:31 PST 2004

----- Original Message ----- 
From: Marcel Bendshadler 
To: Attention: Citizen's Rights Task Force Members 
Sent: Friday, March 05, 2004 09:44
Subject: Trinsey v Pagliaro, 229 F.Supp. 647

For some reason this case is coming up more and more in my life and I am getting more and more requests from people asking the question, "How do I shut down that *$#&ing attorney who is testilying?"

This is the defining case... and I don't say that lightly, for indeed when you read it you will find that it is THE case cited for FRCivP 12(b) (6).  Now, while what it says at 12(b) (6) is good, notice how I have highlighted some items from the actual decision, it goes MUCH further than 12(b) (6) does and we should also.

Keep in mind the two Maxims in Law that are opposite sides of the same coin:

Truth is Expressed in for Form of an Affidavit.
An Unrebutted Affidavit stands as Truth in the Matter.

Now, while keeping these in mind, think about when someone like an attorney for the IRS comes forward and "testilies" about how you did such-and-such.  Are they a First-Hand-Witness, or simply a "Statement of Counsel in Brief or Argument?"  Shut them down!  Hit them with Trinsey and get the "Judge" to take official Judicial Notice of it.  If the "Judge" does not sustain your object, you need to immediately file an oral "Affidavit of Prejudice" against the "Judge" as he has shown his prejudice and then file the same Affidavit in writing into the record with witnesses to the same.  Once your Affidavits are filed, get a record of what has been filed and show that you are the only one who has actually introduced FACTS into the case and move for Summary Judgment upon the Facts... while reminding the "Judge" that the ONLY thing he is to consider is the FACTS of the case ON THE RECORD, that the opposing "counsel" has only been "enlightening" to the Court, but not sufficient to rise to the level of FACT.

There is your 3-minute lesson for today, if you found it helpful, please remember my family in your prayers and especially for my lovely Bride Susan that she may soften her heart and start talking to me and for some financial support to come to our family since I am fighting this battle for my life* I have not been able to work for others and the money has stopped coming in when it is needed most.

*Think about it, if I am "convicted" of "Assault/Domestic Violence" like they are "charging" me, I will be considered by the prison population as a "child molester" and the worst kind, one who has "molested" his own child, my life will not be worth anything.

Marcel Roy Bendshadler
Constitutional Counsellor

(This message has been brought to you Without Prejudice. If you wish to not receive W/O Prejudice, reply with the  word "Remove" in the subject line and never write to me again and your address will be removed from my address book.)


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