Notice to Clerk of Court and Public Memorial

PREAMBLE — OATH OF OFFICE AND SUPREMACY OF THE CONSTITUTION

Colonel Szczepanik, you are bound by your solemn Oath of Office, taken pursuant to Article VI, Clause 3 of the United States Constitution and 5 U.S.C. § 3331, to “support and defend the Constitution of the United States against all enemies, foreign and domestic” and to “bear true faith and allegiance to the same.” This Oath is not a formality; it is a personal, unconditional, and continuing mandate that subordinates all administrative directives, state court orders, and personal predilections to the supreme law of the land.

The Supremacy Clause, Article VI, Clause 2, establishes that the Constitution, federal laws made in pursuance thereof, and all treaties are “the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.” No state statute, municipal ordinance, or fraudulent state court proceeding can supersede, nullify, or suspend a constitutional right. Any attempt to do so is void ab initio and constitutes a lawless act.

STATEMENT OF FACTS AND UNLAWFUL CONDUCT

1. I am a veteran of the United States Armed Forces, lawfully entitled to all benefits, privileges, and identification documents afforded to veterans with a 100 percent disability/unemployable rating, including but not limited to the Department of Defense Identification Card (DD Form 2765) and installation access privileges under DoD Directive 1000.25 and applicable federal statutes.
2. You, as installation commander, are presently denying or causing to be denied my access to MacDill Air Force Base for the purpose of obtaining said identification card. This denial is premised entirely upon fraudulent, void charges originating from a state court proceeding — charges which lack subject-matter jurisdiction over a constitutional right and which were procured through deception, procedural defect, or outright fabrication.
3. By accepting or relying upon such void state-court instruments as a basis to bar a federal veteran from a federal installation, you have permitted deception to sway your official decision-making. You have thereby become an instrument of a fraudulent scheme to deprive me of vested federal rights. The maxim of law is clear: Fraus omnia vitiat — Fraud vitiates everything. Any judgment, order, or charge tainted by fraud is a nullity, incapable of conferring any lawful authority. See Hazel-Atlas Glass Co. v. Hartford-Empire Co., 322 U.S. 238 (1944) (fraud upon the court renders judgment void); Universal Oil Products Co. v. Root Refining Co., 328 U.S. 575 (1946) (same).
4. Your knowing or reckless reliance on such void process to deprive a citizen of rights guaranteed by the Constitution and federal law constitutes a pattern of racketeering activity under the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. § 1961 et seq. You are using your official position to further a criminal enterprise designed to obstruct federal benefits and constitutional liberties. See United States v. Turkette, 452 U.S. 576 (1981) (enterprise includes legitimate entities used for racketeering); H.J. Inc. v. Northwestern Bell Telephone Co., 492 U.S. 229 (1989) (pattern of racketeering activity includes multiple predicate acts of fraud).

CONSTITUTIONAL AND SUPREME COURT AUTHORITY

Your actions violate clearly established constitutional rights under color of federal law. The Supreme Court has repeatedly affirmed:

• No state or local authority may obstruct federal rights or installations. McCulloch v. Maryland, 17 U.S. (4 Wheat.) 316 (1819) (states cannot impede valid federal operations or rights); In re Neagle, 135 U.S. 1 (1890) (federal officers’ duties spring from the Constitution and cannot be frustrated by state action).
• A void judgment may be attacked collaterally and is entitled to no respect. Kalb v. Feuerstein, 308 U.S. 433 (1940) (a judgment entered without jurisdiction is a nullity); Pennoyer v. Neff, 95 U.S. 714 (1877) (due process requires jurisdiction; a judgment without it is void).
• Government officials who violate plainly established constitutional rights are not immune from suit. Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971) (cause of action against federal officers for constitutional violations); Scheuer v. Rhodes, 416 U.S. 232 (1974) (qualified immunity does not shield officials who violate clearly settled law); Harlow v. Fitzgerald, 457 U.S. 800 (1982) (officials are liable when their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known).
• The Supreme Court has affirmed the vitality of the maxim Ubi jus, ibi remedium — where there is a right, there is a remedy. Marbury v. Madison, 5 U.S. (1 Cranch) 137, 163 (1803) (“The government of the United States has been emphatically termed a government of laws, and not of men. It will certainly cease to deserve this high appellation, if the laws furnish no remedy for the violation of a vested legal right.”). Your interference with my right to access a federal installation and obtain a federal identification card must have a remedy.
• Color of law violations. 18 U.S.C. § 242 criminalizes the deprivation of any rights, privileges, or immunities secured or protected by the Constitution and laws of the United States under color of law. Screws v. United States, 325 U.S. 91 (1945) (willful deprivation of constitutional rights under color of law is prosecutable).

APPLICABLE MAXIMS OF LAW AND EQUITY

• Fraus omnia vitiat — Fraud vitiates everything. A decision grounded in fraud is no decision at law.
• Actus contra legem nullus est — An act done against the law is null and void.
• Quod est nullum est nullum producit effectum — That which is null produces no effect. A void court order cannot be the lawful predicate for any official action.
• Nemo est supra leges — No one is above the law, not even the installation commander acting under pretended authority.
• Ubi jus, ibi remedium — Where there is a right, there is a remedy. Your obstruction shall be remedied.

DEMAND FOR COMPLIANCE

By this Notice, you are formally commanded to:

1. Immediately cease and desist from relying on any fraudulent, void, or jurisdictionally defective state-court charges to deny me access to MacDill Air Force Base.
2. Grant unrestricted access to the installation for the purpose of obtaining my 100 percent disabled veteran identification card and conducting all lawful federal business incident thereto.
3. Issue or cause to be issued the Department of Defense 100 percent disabled veteran identification card to which I am statutorily and constitutionally entitled, without further delay or obstruction.
4. Acknowledge in writing within five (5) business days that you recognize the supremacy of the United States Constitution over any conflicting state court order and that you will comply with your Oath of Office by protecting, not violating, the rights of a veteran.

Failure to comply with this demand will constitute willful, malicious, and ongoing violation of my constitutional rights, RICO predicate acts, and evidence of your personal participation in a conspiracy to deprive me of equal protection and due process. I will pursue all available remedies, including:

• A civil action for damages and injunctive relief under Bivens, 42 U.S.C. § 1983 (to the extent applicable under color of federal law through Bivens remedy), and RICO, 18 U.S.C. § 1964©.
• A criminal complaint with the Federal Bureau of Investigation and the Department of Justice for deprivation of rights under color of law (18 U.S.C. §§ 241, 242) and RICO violations.
• A complaint with the Inspector General, Department of Defense, for abuse of authority and dereliction of duty.

CONCLUSION

You stand at a crossroads: honor your Oath and the Constitution, or persist in enforcing void state processes that make you a co-conspirator in a fraudulent racket. The law is not a suggestion; it is a command that binds you personally. I hold you strictly liable for any continued deprivation of my rights.

Let the Constitution prevail. Let the fraud be dissolved. Let the veteran receive his due.

Respectfully submitted under the authority of the United States Constitution and the Laws of the United States,

Travante-TyVaun: Tucker, Veteran
PO Box 123
Gibsonton Florida Republic

CC:
Office of the Secretary of Defense
The Judge Advocate General, United States Air Force
MacDill AFB Legal Office
Federal Bureau of Investigation, Tampa Field Office
Department of Justice, Civil Rights Division

THIS NOTICE IS RECORDED FOR PUBLIC RECORD INCLUDING ALL PREVIOUS COMMUNICATIONS AT WARRIORS-DEN.COM