Notice to Clerk of Court and Public Memorial

COMES NOW, the Defendant, Tauchante McCullum, appearing specialiter and not generally, and without submitting to the purported jurisdiction of this administrative tribunal, for the sole purpose of challenging this court’s jurisdiction and the legal foundation of the proceedings, and hereby serves the following Notice upon the Plaintiff and the Clerk of this Court.

I. SPECIAL APPEARANCE & CHALLENGE TO JURISDICTION

1. This filing constitutes a Special Appearance pursuant to Florida Rule of Civil Procedure 1.140(b). Defendant appears solely to contest the subject matter and personal jurisdiction of this court and does not waive any rights or defenses. See Insurance Corp. of Ireland v. Compagnie des Bauxites de Guinee, 456 U.S. 694, 702 (1982) (“A defendant is always free to ignore the judicial proceedings, risk a default judgment, and then challenge that judgment on jurisdictional grounds in a collateral proceeding. . . . By submitting to the jurisdiction of the court for the limited purpose of challenging jurisdiction, the defendant agrees to abide by that court’s determination on the issue of jurisdiction.”).
2. Defendant puts the court on notice that he/she is a natural-born American National and not a “citizen of the United States” as defined in 8 U.S.C. § 1101(a)(22) for purposes of the Fourteenth Amendment. Defendant’s status is secured by the Organic Laws of the United States, including Article IV of the Articles of Confederation and the Northwest Ordinance of 1787, and is distinct from federal municipal citizenship. Defendant does not consent to be treated as a “person” or “resident” under the state’s commercial statutes, codes, or rules that are being misapplied in this proceeding.

II. JUDICIAL NOTICE OF LAW AND LACK OF ARTICLE III STANDING

1. Judicial Notice is demanded of the following fundamental law, which governs this matter and supersedes all conflicting state statutes, codes, and court rules under the Supremacy Clause, U.S. Const. Art. VI, Cl. 2.
   a. The Law of the Land (Common Law): The supreme law governing this Republic is the Common Law, as adopted by the Constitution. All statutes must conform to it. See U.S. Const. Art. III, § 2; Erie R. Co. v. Tompkins, 304 U.S. 64, 78 (1938) (“There is no federal general common law. However, in the sense in which the phrase ‘common law’ is used [in the Constitution], it is the body of those principles and rules of action…which derive their authority solely from usages and customs of immemorial antiquity.” [emphasis added]).
   b. Article III Judicial Power: The judicial Power of the United States extends only to “Cases” and “Controversies.” U.S. Const. Art. III, § 2. A judge acting without a proper case or controversy—specifically, one involving a injured party with standing—lacks jurisdiction. See Lujan v. Defenders of Wildlife, 504 U.S. 555, 560 (1992) (outlining the “irreducible constitutional minimum of standing”: injury-in-fact, causation, and redressability). The Plaintiff in this action has failed to demonstrate a concrete, particularized injury traceable to the Defendant, and therefore this tribunal lacks Article III standing to adjudicate.

III. NOTICE OF SUBSTANTIVE FEDERAL CRIMES & PREEMPTION

1. Judicial Notice is further demanded of the following federal criminal statutes, the enforcement of which is vested exclusively in federal authorities and which preempt any state action based on fraudulent instruments.
   a. Bank Fraud: 18 U.S.C. § 1344 makes it a felony to execute a scheme to defraud a financial institution. Any attempt to enforce a financial obligation based on a fraudulent or unverified debt instrument may implicate this statute.
   b. Identity Theft & Fraud: 18 U.S.C. § 1028 makes it a felony to knowingly transfer or use, without lawful authority, a means of identification of another person with the intent to commit unlawful activity. The unauthorized use of Defendant’s name, in all capital letters or otherwise, to create a commercial “strawman” or debtor entity constitutes such fraud. See 18 U.S.C. § 1028(f) (preemption provision).
   c. Immigration & Nationality Act: 8 U.S.C. § 12 (now codified in Title 8 generally) and § 1324 pertain to the importation and harboring of aliens, underscoring the distinction between “nationals” and “aliens.” The definitions within the INA control the meaning of “citizen” and “national” for federal purposes.

IV. EXPRESS RESERVATION OF RIGHTS

1. Pursuant to the Uniform Commercial Code, as adopted, and the inherent right to contract, Defendant expressly reserves all rights without prejudice.
   a. UCC 1-308 (formerly 1-207): “A party that with explicit reservation of rights performs or promises performance or assents to performance in a manner demanded or offered by the other party does not thereby prejudice the rights reserved. Such words as ‘without prejudice,’ ‘under protest,’ or the like are sufficient.” Defendant performs any compelled act in this proceeding UNDER PROTEST, WITHOUT PREJUDICE, AND WITH EXPLICIT RESERVATION OF ALL RIGHTS.
   b. UCC 3-306: Defendant denies liability on any presentment, as any purported instrument or obligation is void due to the aforementioned fraud, lack of consideration, and failure of any underlying agreement.

V. DEMAND

1. Based on the foregoing, Defendant demands:
   a. Immediate proof of this court’s Article III standing and subject matter jurisdiction over a natural American National.
   b. Certified verification from the Plaintiff of the lawful origin and chain of title of the debt instrument at issue, demonstrating it is not the product of fraud as defined by 18 U.S.C. §§ 1344 & 1028.
   c. Dismissal of this action with prejudice, as it is an attempt to enforce a void obligation against a non-consenting National under the misapplication of state statutes that are preempted and superseded by the supreme Law of the Land.