Errors in previous post and Petitioner’s Amended Original Petition of August 16, 2016

The post of January 16, 2017, and Petitioner’s Amended Original Petition (posted September 14, 2016) contain certain errors.

Error in previous post of January 16, 2017

That Congress in the Act of December 1, 1990, Public Law 101–650, at section 404 thereof, 104 Stat. 5124 alter materially by way of amendment the oath of office at 28 U.S.C. § 453, 62 Stat. 907 and relieve justices and judges of the United States of any duty of fidelity to the Constitution.

The amended oath of December 1, 1990, at 28 U.S.C. § 453 Oath of justices and judges of the United States had no material effect on the activities of justices or judges of the United States and should not have been the subject of a post.

Errors in Petitioner’s Amended Original Petition

That none of the judges of the United States Court of Appeals for the Fifth Circuit, United States Department of Justice, United States Marshals Service, Department of the Treasury, or Internal Revenue Service are bound by oath or affirmation to support the Constitution.

Judges of the United States Court of Appeals for the Fifth Circuit take the oath at 28 U.S.C. § 453 Oath of justices and judges of the United States and bind themselves by oath or affirmation to support the Constitution.

Officers of United States Department of Justice and United States Marshals Service bind themselves by oath or affirmation to support the Constitution by what is called the Standard Form 61, Appointment Affidavit, such as that taken by the current Attorney General of the United States, Loretta Elizabeth Lynch.

The Secretary of the Treasury’s webpage says the Secretary of the Treasury takes the oath of office provided therein. The oath is identical in substance to the 5 U.S.C. § 3331 Oath of office, but not identical in form. Said webpage cites no source authority for said oath.

President Barrack Obama’s Executive Order of August 12, 2016, entitled “Providing an Order of Succession within the Department of the Treasury,” specifies that Under Secretaries of the Treasury, Deputy Under Secretaries of the Treasury, and Assistant Secretaries of the Treasury shall have taken an oath, but omits to identify which particular oath.

Though not mandated by act of Congress, it is believed that the oath taken by Under Secretaries of the Treasury and such others of the Department of the Treasury is the same oath as that taken by the Secretary of the Treasury (no source authority cited).

Internal Revenue Manual 6.300.1.4 (11-06-2009) Appointment Documents, Determinations, and Entitlements provides, in pertinent part of subsection 1: “OPM’s GPPA, Chapter 3, Subchapter 4, and the Job Aid specifies the required appointment documents. . . .”

The United States Office of Personnel Management’s “The Guide to Processing Personnel Actions,” Chapter 3, Subchapter 4, section 4-3, subsection c, implies that Internal Revenue Service employees take the Standard Form 61, Appointment Affidavit part A Oath of Office; to wit:

“As part of the entry-on-duty process, the employee takes the oath of office. The Standard Form 61, Appointment Affidavit, contains the oath of office (part A) required by 5 U.S.C. 3331 . . .”

Motions withdrawn and amended

Petitioner has withdrawn the three motions hyperlinked in the previous post of January 16, 2017, and replaced two of them with an amended version and filed with the Harris and Montgomery County, Texas, District Attorneys an Amended Affidavit of Information: Criminal Complaint for Public Notice Filing.

There are no errors in the amended versions.

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