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DeepStateDeception

JOHN LUMAN SMITH

ALVIN LEONARD BRAGG

LETITIA ANN JAMES

DeepStateDeception

JOHN LUMAN SMITH

JOHN LUMAN SMITH a.k.a. JOHN L. SMITH a.k.a. JACK SMITH

JACK SMITH — Bar No. A5503070  FLSD Bar Status — is Evidence of FRAUD

New York State Unified Court System / Attorney Online Services - Search

MEMORANDUM FOR THE RECORD. — Special Counsel Oath, John L. Smith

All images use herein maybe download for expanded viewing, and or dissemination by clicking the following link: John Luman Smith Images

This an official attorney grievance complaint against the insiliarius, attorney: JOHN LUMAN SMITH, US Department of Justice 950 Pennsylvania Avenue, Northwest Washington DC 2-530-009 admitted to the Second Judicial Appellate Division Department on 06/28/1995. sometime after graduating from Harvard Law.

INSILIARIUS. An evil Counsellor (Black’s Law Dictionary Revised 4th ed, —Page 937 [Hereinafter Black’s 4th])

I, David Patrick Gartland (Hereinafter “ThePatriot”) am one of the People of the State of New York, grateful to Almighty God for my Freedom, in order to secure its blessings, ThePatriot is making the following statements, sui juris, in propria persona, and sovereign capacity, in accordance with 28 U.S. Code Section  1746 Unsworn declarations under the penalty of perjury.  ThePatriot in his sovereign capacity, decrees, and reserves the right to alter and amend this complaint at a time of his choosing or as the need may arise.

Because this particular complaint concerns JOHN LUMAN SMITH, habitual use fictitious names, a.k.a. JOHN L. SMITH a.k.a. JACK L. SMITH a.k.a. JACK SMITH with no regard for Appellate doctrine, and approved procedures for name change. Despite of the fact that the certain name he was admitted to practice under is JOHN LUMAN SMITH the use of any other name in his official capacity is evidence of fraud.

Fraud is whatever is not a "reflection of moral uprightness, of fundamental honesty, fair play and right dealing in the general and business life of members of society.” United States v. Bohonus, 628 F.2d 1167, 1171 (9th Cir.1980).

Below is a perfect example of such FRAUD is shown in the artistic rendering of the combined images below.

“A maxim is a proposition to be of all men confessed and granted without proof, argument, or discourse.”
"In order rightly to comprehend a thing, inquire first into the names, for a right knowledge of things depends upon their names,"  and “Nothing that is against reason is lawful” – were favorite maxims of Sir Edward Coke.

Center image: MEMORANDUM FOR THE RECORD: Oath of Office, John L. Smith
Right Image:DOJ About Jack Smith

The examination of the images above. The center image that is published as of 6/17/24 on the DOJ's website, MEMORANDUM FOR THE RECORD SUBJECT: Oath of Office, John L. Smith, that stands in stark contrast to the image represented to the RIGHT of center, that is also still published on the DOJ’s website as of 6/17/24, About Special Counsel Jack Smith and one thing ThePatriot knows for sure is NEITHER one is TRUE and both are fraudulent and erroneous. That alone should serve as conclusive evidence that the de facto, Attorney General, MERRICK BRIAN GARLAND and de fact Special Counsel, JOHN LUMAN SMITH, where and are still working in concert in a conspiracy that now includes some of the senior leadership inside the DOJ, that have wittingly or unwittingly become co-conspirators in cover-up and are nothing more than "Government Gangsters,” that are HELL bent on DEFRAUDING the the former President, Trump and the  public with propagandized disinformation and misrepresentation.

“A misrepresentation, being a false assertion of fact, commonly takes the form of spoken or written words. Whether a statement is false depends on the meaning of the words in all the circumstances, including what may fairly be inferred from them. An assertion may also be inferred from conduct other than words. Concealment or even non-disclosure may have the effect of a misrepresentation .... [A]n assertion need not be fraudulent to be a misrepresentation. Thus a statement intended to be truthful may be a misrepresentation because of ignorance or carelessness, as when the word ‘not’ is inadvertently omitted or when inaccurate language is used. But a misrepresentation that is not fraudulent has no consequences ... unless it is material.”  Black's Law Dictionary (8th ed. 2004) —Page 3169  (hereinafter Black’s 8th)

FALSUS. Lat. False; fraudulent; erroneous. Deceitful; mistaken. In the sense of "deceiving" or "fraudulent," it is applied to persons in respect to their acts and conduct, as well as to things; and in the sense of "erroneous," it is applied to persons on the question of personal identity. (Black’s 4th —Page 727)

FICTITIOUS NAME. A counterfeit, feigned, or pretended name taken by a person, differing in some essential particular from his true name, (consisting of Christian name and patronymic,) with the implication that it is meant to deceive or mislead. (Black’s 4th —Page 751)

unduly (adv.)  late 14c., "without due moderation; improperly, unsuitably;" see undue + -ly (2). From early 15c. as "unjustly, wrongfully.”  https://www.etymonline.com

facially void. (Of an instrument) patently void upon an inspection of the contents. — Also termed void on its face. Black's Law Dictionary (Black’s 8th —Page 4868)

void ab initio (ab i-nish-ee-oh). Null from the beginning, as from the first moment when a contract is entered into. • A contract is void ab initio if it seriously offends law or public policy, in contrast to a contract that is merely voidable at the election of one party to the contract. (Black's 8th —Page 4868)

On November 20, 2022 the inept insiliarius, attorney, JOHN LUMAN SMITH knowingly and wittingly subscribed to an unduly, appointment affidavit (SF61) using another one of his many, falsus and fictitious names, JOHN L. SMITH. where "Upon reviewing documentation, it was discovered that a witness signature was missing (more than likely as Mr. Smith was on boarded while overseas). JMD/Human Resources consulted with the JMD/Office of General Counsel (OGC) to ensure proper corrective action.” That statement is where the conspiracy to coverup several crimes appeared in writing for the first with an act of making false and misleading assertions, with the intent to deceive.

An SF61 is the collimation and simplification of 3 codified federal statutes listed below without any reference to the a time alotted for completion within the (SF61) and (SF61) is NOT self-executable document.

5 U.S. Code Section 3331-Oath of office   An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appointment.

5 U.S. Code Section 3332 - Officer affidavit; no consideration paid for appointment  An officer, within 30 days after the effective date of his appointment, shall file with the oath of office required by section 3331 of this title an affidavit that neither he nor anyone acting in his behalf has given, transferred, promised, or paid any consideration for or in the expectation or hope of receiving assistance in securing the appointment.

5 U.S. Code § 3333 - Employee affidavit; loyalty and striking against the Government  (a)Except as provided by subsection (b) of this section, an individual who accepts office or employment in the Government of the United States or in the government of the District of Columbia shall execute an affidavit within 60 days after accepting the office or employment that his acceptance and holding of the office or employment does not or will not violate section 7311 of this title. The affidavit is prima facie evidence that the acceptance and holding of office or employment by the affiant does not or will not violate section 7311 of this title.

Title 5 is a positive law title constituting legal evidence of the law in all Federal and State courts  (1 U.S.C. 204).,

The office of Justice Management Division JDM/Office of General Counsel (OGC) and JDM/Human Resources (Hereinafter JMB/HR & JDM/OCG combined to be known as the “Coup-Cohorts”) these Coup-Cohorts, committed several omissions of JOHN LUMAN SHITH’s crimes all of witch are founded in positive law and absolutely applicable to this situation.

The COUP-Cohorts made a several false and or misleading assertions within the MEMORANDUM FOR THE RECORD , one of witch was that “a witness signature was missing” because these COUP-Cohorts are required to know that (SF61) must be administered by an employee who is designated in writing by the head of the Executive agency, as in MERRICK BRIAN GARLAND, and is absolutely no authority within 5 U.S. Code § 2903 - Oath; authority to administer, (shown below) that allows the administration of an oath of office on foreign soil. The concealment of this non-disclosure is a misrepresentation that was not, an inadvertent, omission it was the intentional use of inaccurate words used in the construction of the MEMORANDUM FOR THE RECORD that act alone was itself a malicious, malversation of malfeasance of a criminal coverup by the COUP-Cohorts that included and may NOT be limited to the de facto Special Counsel, JOHN LUMAN SMITH.

5 U.S. Code § 2903 - Oath; authority to administer

(a) The oath of office required by section 3331 of this title may be administered by an individual authorized by the laws of the United States or local law to administer oaths in the State, District, or territory or possession of the United States where the oath is administered.

b) An employee of an Executive agency designated in writing by the head of the Executive agency, or the Secretary of a military department with respect to an employee of his department, may administer—

(1)the oath of office required by section 3331 of this title, incident to entrance into the executive branch; or

(2)any other oath required by law in connection with employment in the executive branch.

(c) An oath authorized or required under the laws of the United States may be administered by—

(1) the Vice President; or

(2) an individual authorized by local law to administer oaths in the State, District, or territory or possession of the United States where the oath is administered.

ThePatriots above disclosures provide direct evidence of conspiracy and their criminality, there are no do overs or mulligans for the deep state's dummy, JOHN LUMAN SMITH. To insure proper, corrective action — everyone involved in this treasonous criminal conspiracy should end up going to GITMO to be prosecuted by the U. S. Military for their treasonous actions, and or inactions, as the case may be. From here things only get worse because all of the above aforementioned perpetrators that are attorneys are subject to:

As for JOHN LUMAN SMITH, upon his admission to practice law in New York State. JOHN LUMAN SMITH was admitted under a certain name into the Second Judicial Appellate Division Department, after taking the constitutional oath of office in open court, and subscribe the same in a roll or book, to be kept in the office of the clerk of the appellate division of the supreme court for that purpose in accordance with Judicial Law Section 466.

JOHN LUMAN SMITH’s obligations endure for the life of JOHN LUMAN SMITH career at the bar. JOHN LUMAN SMITH oath of office was a solemn declaration, accompanied by a swearing to God, JOHN LUMAN SMITH would be bound to a promise. The terms of that oath or affirmation required JOHN LUMAN SMITH to uphold and maintain the authority of the constitutions and laws of the federal and state governments. In order to practice under a name different from the name under which JOHN LUMAN SMITH was admitted, JOHN LUMAN SMITH needed approval from the Appellate Division Department in which JOHN LUMAN SMITH was admitted, regardless of where JOHN LUMAN SMITH, lived or practiced. JOHN LUMAN SMITH may NOT practice law under a name other than which JOHN LUMAN SMITH was admitted until JOHN LUMAN SMITH obtained a name change approval from the Appellate Division.

The artistic rendering below was produced by ThePatriot to depict the inept insiliarius JOHN LUMAN SMITH's total disregard for Appellate doctrine concerning name change and something JOHN LUMAN SMITH continues to do daily as the de facto insiliarius Special Counsel using a falsus and fictitious name, JACK SMITH, without a duly, legally or lawfully recognized (SF61) regardless of what the COUP-Cohorts fraudulent misrepresentation and advice to readminister (a NON-WORD in any dictionary known to ThePatriot) the oath of office and execute a new SF61 that was made recklessly, and intended to induce individuals under investigation or indictment to their detriment to rely upon it. JACK SMITH is a nom de guerre a pseudonym adopted by a person engaged in combat, espionage, or other clandestine activities. It is typically used to protect the individual's true identity. (Merriam-Webster Dictionary) In a futile attempt to mask the fictitious named JACK SMITH's true identity of the certain name, JOHN LUMAN SMITH was admitted to practice law in New York State. (As illustrated in ThePatriot artistic rendering shown below)

The law requires that before admitting a person to the bar of the State of New York, the Appellate Division of the Supreme Court must be satisfied that each applicant “possesses the character and general fitness requisite for an attorney and counsellor-at-law” (Judiciary Law § 90[1]) and it directs the creation of committees for the purpose of investigating the character and fitness of every applicant for admission to practice (CPLR 9401). Unless otherwise ordered by the Appellate Division, no person may be admitted to practice without having received a certificate from the proper committee attesting that it has carefully investigated the character and fitness of the applicant and that the applicant is of good character and is fit to practice (CPLR 9404).

JOHN LUMAN SMITH, full and certain name as recognized in law from data already given can be obtained using the New York State Unified Court System/ Attorney Online Services Search , The same name JOHN LUMAN SMITH, acquired a birth at least according to wikipedia, factprofiles, Britannica, and many other publishers of FAKE News. It’s like that inept intellectual idiot, from Harvard Law completely forgot about all of those affidavits and affirmations, JOHN LUMAN SMITH was required to submit, such as, a Form Affirmation as to Moral Character, Form Affirmation as to Legal Employment, Form Affidavit for 50-hour Pro Bono Requirement, Skills Form Affidavit and Form Law School Certificate seeking admission into the Second Division Appellate Department.

CERTAIN. Ascertained; precise; identified; definitive ; clearly known ; unambiguous ; or, in law, capable of being identified or made known, without liability to mistake or ambiguity, from data already given. Black’s Law Dictionary 3rd ed. —Page 298

Before being licensed and admitted after taking the "Attorney’s oath of office,” as JOHN LUMAN SMITH in open court, and subscribe the same in a roll or book, to be kept in the office of the clerk of the appellate division of the supreme court for that purpose. The terms of that oath or affirmation require JOHN LUMAN SMITH to uphold and maintain the authority of the constitutions and laws of the federal and state governments. It will become overwhelmingly apparent that throughout ThePatriots disclosure MERRICK BRIAN GARLAND, JOHN LUMAN SMITH and the COUP- Cohorts conspired to usurp the very First Act of Congress that was “An Act to Regulate the Time and Manner of Administering Certain Oaths”

After the ratification of the Constitution for the United States of America. The start of our republican form of government began under the Constitution on March 4, 1787.  The First Act of the First Congress was “An Act to Regulate the Time and Manner of Administering Certain Oaths” the enacted made to be accordance with Article VI clause 3, and was the first act signed into law by President George Washington on June 1, 1789 thats sum 235+ years ago.  The act mandated that the oath be administered in the following form: “I, A.B. do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States."  JOHN LUMAN SMITH willful usurpation of the (SF61), flies in the face of the very first Act of the First Congress and is an absurdity.

As to the “Time” its regulated to within 30 days after the effective date of his appointment in accordance with ,  5 U.S. Code § 3331 - Oath of office & 5 U.S. Code § 3332 - Officer affidavit; no consideration paid for appointment  and 5 U.S. Code § 3333 - Employee affidavit; loyalty and striking against the Government states, shall execute an affidavit within 60 days after accepting the office —And to the “Manner” thats regulated by strict adherence with 5 U.S. Code § 2903 - Oath; authority to administer All of the aforementioned perpetrators involved have lost any constitutional authority or grants of immunity for their participation in these 4 obvious violations of positive law enactments, that allows the coup d’état to continue unabated.

Therefore either JOHN LUMAN SHITH committed several counts of perjury in the Bar admission, or JOHN LUMAN SHITH committed sever counts of perjury in his lack of adherence to the Rules of the Chief Administrative Judge as depicted in another artistic, rendering, produced by ThePatriot to detriment of, JOHN LUMAN SHITH a.k.a. "JACK SMITH” the COUP-Cohorts, and to the enjoyment of the multi-millions of MAGA supporters.

RULE 8.1. Candor in the Bar Admission Process) A lawyer shall be subject to discipline if, in connection with the lawyer’s own application for admission to the bar previously filed in this state or in any other jurisdiction, or in connection with the application of another person for admission to the bar, the lawyer knowingly:

(1) has made or failed to correct a false statement of material fact; or

(2) has failed to disclose a material fact requested in connection with a lawful demand for information from an admissions authority.

ThePatriot's artistic renderings of images have been given careful consideration before being produced. No image can be rejected as superfluous or meaningless, but must be given its due force, designed to be self evident in the eyes of the viewers with one simple the inter-standing that “Nothing that is against reason is lawful” – has become one of the favorite maxims of ThePatriot, authored by Sir Edward Coke

Sir Edward Coke also coined this one, "If you know not the names of things, the knowledge of things themselves perishes." the name of this THING is a “SPURIOUS—THING” at best— meaning  bogus, fake, not genuine, specious, false, factitious, counterfeit, fraudulent, TRUMPED-UP, SHAM, mock, feigned, pretended, contrived, fabricated, manufactured, fictitious, make-believe, invalid, fallacious, meretricious; artificial, imitation, simulated, ersatz…

The truth of the demonstration removes the error of the name. Maxims of Law from Bouvier's 1856 Law Dictionary  —Page 65

The COUP-Cohorts are bolstered with bullshit in futile attempt to breath DEAD air in their JACK-ASS who, is more than likely a CIA clown construct cut-out and frequently failed "Manchurian Candidate" thats full of CRAP, ThePatriot can smell without leaving his Brooklyn abode. There is NO  —JACK SMITH — That “thing" is felonious prefabricated fictional creature of delusion from the mind of a maniacal, moron JOHN LUMAN SMITH that subscribed to “A TRUE BILL" with his felonious fiction, JACK SMITH’s premeditated, hoax perpetrated on the commander and chief, Donald J. Trump, and the American people is self evident and blatantly obvious that it is an “UNTRUE BILL” that is befuddled with felonious fraud.

With exclusion of the unaltered sf61 (center below) the other two sf61’s are merrily COLORABLE. That which has or gives color. That which is in appearance only, and not in reality, what it purports to be. Counterfeit, feigned, having the appearance of truth. Black’s 4th —page 332

A name does not siffice if there be not a thing by law or by fact. Maxims of Law, Bouvier's 1856 Law Dictionary  —Page 35

Fraudulent act. Conduct involving bad faith, dishonesty, a lack of integrity, or moral turpitude. (Black’s 8th —Page 1954)

The document (shown above on the "far left") has NOT been altered from its original form, that was include in the MEMORANDUM FOR THE RECORD , and is counterfeit, SF61 is specifically altered to give the appearance of anti copy background (ThePatriot is a Artist of renowned, and the chief retoucher for some of biggest fashion campaigns and advertising campaigns, to include but definitely not limited to, Versace, Versace Versus, Prada, Max Mara, Levi’s, Birkenstock, Avon, Microsoft, UPS, and 1000’s of editorial pages and or covers published in, Vogue, Vogue Italian, Hamptons Magazine, D magazine... an absolute expert in digital imaging and highly sought after for making FAKE spotting that JACK-OFF was easy) Given all of that self aggrandizing it doesn’t take an artist expert opinion in “Making FAKE" to spot the FUGAZI above from the unaltered center image of a SF61 downloaded directly from https://www.opm.gov/forms/pdf_fill/sf61.pdf. Or one may simply search for a SF61 in any browser and come to the same self evident conclusion that the image of the “FAR LEFT" is a FUGAZI and those licentiousness lunatics within the  DOJ got caught with there paints down by the pen of a dyslexic layman.

LICENTIOUSNESS. The indulgence of the arbitrary will of the individual, without regard to ethics or law, or respect for the rights of others. —In this it differs from "liberty;" for the latter term may properly be used only of the exercise of the will in its moral freedom, with justice to all men and obedience to the laws, Welch v. Durand, 36 Conn. 184, 4 Am. Rep. 55; State v. Brigman, 94 N.C. 889; liberty is restrained by natural or positive law, and consists in doing whatever we please not inconsistent with the rights of others, whereas licentiousness does not respect those rights. Wolff, Inst. § 84.  (Black’s 4th —Page 1071)

These People are stupid, because without that fictitiously subscribed delusional SF61 specifically remanufactured with the intent to mislead and deceived, Is taken off the battlefield, they’re all going to GITMO on a treasonous one way ride to a Military tribunal that is likely to end with a cigarette and a blindfold before receiving their last dance with the Devil at the end of a rope. As any of the personal employed within AGC that review these treasonous honor your oath(s) to support both the states and federal constitutions and act accordingly. TREASON has deadly consequences and 18 U.S. Code § 2382 - Misprision of treason is worth reading before proceeding, As for the AGC attorneys, that review this disclosure RULE 8.3 (a) is applicable

ThePatriot once again draws the members of the AGC and the public’s attention to the unforeseen implications of 28 U.S. Code § 530B - Ethical standards for attorneys for the Government (a) An attorney for the Government shall be subject to State laws and rules, and local Federal court rules, governing attorneys in each State where such attorney engages in that attorney’s duties, to the same extent and in the same manner as other attorneys in that State.

In plain and simply english where the above statute states “An attorney for the Government” includes —"Attorney(s) for the State Government” because statute does not specifically exclude state attorney(s).

As the Supreme Court has explained: "[I]n interpreting a statute a court should always turn to one cardinal canon before all others. . . .[C]ourts must presume that a legislature says in a statute what it means and means in a statute what it says there." Connecticut Nat'l Bank v. Germain, 112 S. Ct. 1146, 1149 (1992).

Therefore JOHN LUMAN SMITH and or, a.k.a. JACK SMITH... counterfeiting conduct and false instrument filing is a violation of:

NY Penal Code SECTION 175.35 Offering a false instrument for filing in the first degree

A person is guilty of offering a false instrument for filing in the first degree when: (1.) knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he or she offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation. Offering a false instrument for filing in the first degree is a class E felony.

Because that inept insiliarius so called “Special Counsel” indicted the former President Trump in Florida, JOHN LUMAN SMITH and or, a.k.a. JACK SMITH could and should be prosecuted under Florida statute

831.02 Uttering forged instruments.—Whoever utters and publishes as true a false, forged or altered record, deed, instrument or other writing mentioned in s. 831.01 knowing the same to be false, altered, forged or counterfeited, with intent to injure or defraud any person, shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.

The above disclosures contain several violations of the NYS Unified Court System Part 1200 Rules Of Professional Conduct, to include:

Rule 8.4 Candor in the Bar Admission Process

(b) engage in illegal conduct that adversely reflects on the lawyer’s honesty, trustworthiness or fitness as a lawyer;

(c) engage in conduct involving dishonesty, fraud, deceit or misrepresentation;

(d) engage in conduct that is prejudicial to the administration of justice

Rule 8.5 (ii) If the lawyer is licensed to practice in this state and another jurisdiction, the rules to be applied shall be the rules of the admitting jurisdiction in which the lawyer principally practices; provided, however, that if particular conduct clearly has its predominant effect in another jurisdiction in which the lawyer is licensed to practice, the rules of that jurisdiction shall be applied to that conduct.

MODUS OPERANDI  A method of operating or a manner of procedure; esp. a pattern of criminal behavior so distinctive that investigators attribute it to the work of the same person (Black’s 8th —Page 3182)

After President Donal John Trump assumed the office of the President of the United States on, January 20, 2017, Twitter was considered an official White House communication for President Trump who did all of his posting under an assumed name of, Donald J. Trump @realdonaltrump.  The assumed name of Donal J. Trump, is a nom de guerre would indicate a state of war by International Doctrine. Nom de guerre (1670s) "fictitious name used by a person engaged in some action," literally "war name” (etymonline.com)  who made a presidential proclamation of a COUP not once but twice using Twitter as the commander in chief ’s official White House communication, that alone was enough to triggered the emergency, war powers act to include but are surely NOT limited to 47 U.S. Code § 606 - War powers of President (c)  "Upon proclamation by the President that there exists war or a threat of war, or a state of public peril or disaster or other national emergency, or in order to preserve the neutrality of the United States, the President, if he deems it necessary in the interest of national security or defense” — Allowing the commander in chief seize control of all forms of electronic communications, henceforth. When Donald J. Trump says “We caught them all, the commander in chief means electronically using the NSA without the need for warrants because of the Communist BAR’s COUP and law of necessity, for "Necessity has no law” Oliver Cromwell. These People are stupid.

ThePatriot is a proud U.S. Air Force Veteran, who’s was first stationed at SAC HQ, Offutt AFB, assigned to the base audio visual library as an Audio/Visual Media  Specialist before being temporarily Assigned to the Office of Command Presentations at SAC HQ, Where the Command in Chief SAC, General Larry D. Welsh after being notified of his promotion to USAF Chief of Staff, informed ThePatriot there was a position for him within the AF Board Structure at the Pentagon assigned to SCIF known as the AF Council Room, it was there I was read into the Emergency War Powers for first time at the TS/SCI level. The Powers of the Commander in Chief are almost unlimited, upon proclamation by the President that there exists war (E.g. a coup d’état) or a threat of war... ThePatriot recognized it immediately after Commander in Chief, Donald J. Trump's proclamation of a COUP. ThePatriot has acted accordingly, in ThePatriot’s support and defense of the Constitutions both state and federal. While assigned to the USFA, HQ at the Pentagon, ThePatriot was stationed at Fort Myers, Virginia a tri-service base that housed Army, Air Force and Naval personal assigned to the Pentagon, and home of the US Army’s 3rd infantry and the "Old Guard" adjacent to Arlington cemetery or 400,000+ of my brethren are buried while honoring their oath to the Constitution, some of whom where likely know to ThePatriot. Most of ThePatriot’s close friend were soldiers of the “Old Guard” some of whom were honor guards for “The Tomb of the Unknown Soldier" and "JFK's Memorial” and  this Patriot doesn’t take kindly to communist infiltrators and insurgence to the likes of MERRICK BRAIN GARLAND, JOHN LUMAN SMITH and the DOJ's COUP-Cohorts they are the true enemies of the People.

JOHN LUMAN SMITH use of any other fictitious names, such as John L. Smith a.k.a. Jack L. Smith and or Jack Smith… in JOHN LUMAN SMITH's official capacity as an attorney is evidence of JOHN LUMAN SMITH intent to commit FRAUD or has already committed FRAUD. That lasciviousness lunatic is a deep state luciferian, who prefers the fictitious name of his owner's creation JACK SMITH. Likely because in Jewish Gematria, JACK SMITH = 851 = The Devil = Identify The Fallen Angle = Vaccines = Return Of Christ — There are no do overs or mulligans for that deep state dummy.

Sir Edward Coke "If you know not the names of things, the knowledge of things themselves perishes." and the name of this THING is a “SPURIOUS THING” JACK SMITH is a lasciviousness beast of iniquities as in, bogus, fake, not genuine, specious, false, factitious, counterfeit, fraudulent, TRUMPED-UP, SHAM, mock, feigned, pretended, contrived, fabricated, manufactured, fictitious, make-believe, invalid, fallacious, meretricious; artificial, imitation, simulated, ersatz...

Now is an appropriate time to deal with one of the other luciferian’s, from Harvard Law, and de facto, Attorney General, MERRICK BRIAN GARLAND. Who became the third attorney general in U.S. history to be held in contempt of Congress.

Kamala Harris Swears in Merrick Garland as Attorney General Nominated as Merrick Brian Garland and confirmed by the United States Senate, as Merrick Brian Garland on March 10 2021 2:15 PM,  —That was until the following day on March 11, 2021 at 6:06 PM, when the de facto, Vice President Kamala Harris (another insiliarius attorney) administered an oath of office to, MERRICK GARLAND and that oath was not administered in accordance with the quoted text within codification of 5 U.S. Section 3331. Even though the specific language outlined in this section 3331 mandates a verbatim adherence to the prescribed oath, emphasizing the importance of accuracy and fidelity to the words specified, thus ensuring that individuals assuming federal office uphold their commitment to the Constitution and the duties associated with their positions. The phrase “Shall take the following oath:” serves as a clear indication that what follows is not merely a suggestion or guideline but a mandatory requirement for individuals entering federal office. The preamble sets the stage for the recitation of the oath itself, signaling its significance and binding nature.

Merrick Brian Garland, is a jew who, placed his left hand upon a book of unknown origin NOT likely to have been a Bible, before the undertaking, that book was just as likely to having been a luciferian, Masonic Bible as any other book, although this remains uncertain, because his wife, Lynn Rosenman Garland, clutched that book in a manner that obscured any visibility of the title or markings.

Irregardless of that, Merrick Brian Garland did raise his right hand to the sky, symbolically invoking the presence of the almighty God, accompanied by a solemn declaration, while using his fictitious WAR name, Merrick Garland did solemnly swear to a LIE and thereafter exclaiming, so help me God, implicitly inviting punishment for his broken promise that so called “Oath of office” was VOID ab initio before inept insiliarius Merrick Brian Garland finished FAKING the oath.

Fraudulent act. Conduct involving bad faith, dishonesty, a lack of integrity, or moral turpitude. (Black’s 8th —Page 1954) A perfect example is “MERRICK GARLAND” false swearing (Linked above) There is no question of the general doctrine that fraud vitiates the most solemn contracts, documents, and even judgments. United States v. Throckmorton, 98 U.S. 61 (1878)

Further evidence of this insiliarius, MERRICK BRIAN GARLAND's propensity to LIE under the penalty of perjury is disclosed within ThePatriot’s artistic renderings, that are masterpieces of perspicacity laced in aphorism, leading to self-evident conclusions grounded in the reality of facts, because the certainty of the information on display above and below, involves bad faith, dishonesty, a lack of integrity, or moral turpitude is against reason and “Nothing that is against reason is lawful” – authored by Sir Edward Coke.

As for the AGC members who are attorneys involved in reviewing this complaint RULE 8.3 is applicable.

RULE 8.3 Reporting Professional Misconduct

(a) A lawyer who knows that another lawyer has committed a violation of the Rules of Professional Conduct that raises a substantial question as to that lawyer's honesty, trustworthiness or fitness as a lawyer shall report such knowledge to a tribunal or other authority empowered to investigate or act upon such violation.

Fraud in the common law sense of deceit is committed by deliberately misleading another by words, by acts, or, in some instances — notably where there is a fiduciary relationship, which creates a duty to disclose all material facts — by silence United States v. Dial 757 F.2d 163 (1985) United States Court of Appeals, Seventh Circuit.

The facts are clear the COUP-Cohorts have already admitted JOHN LUMAN SMITH did NOT file a so called "duly executed appointment affidavit” in the furtherance their FRAUD of until 9/14/2023 that was 300 days after his appointment and 270 days in default and delinquent and void there are NO do overs when it comes a insiliarius self inflicted delinquency for neglecting a known duly, attorneys are deemed to know the law, and the insiliarius in question “JACK SMITH” was the DOJ’s Chief of the public Integrity Section for 5 years, a man who lacks integrity and moral turpitude, who has been a government gagster for to dam long. “Fraud destroys the validity of everything into which it enters,”  Nudd v. Burrows, 91 U.S 426. (1875) The COUP-Cohorts perfidious cover up is a pusillanimous, malicious machination of maladroit's malversation laced with malice of malfeasance.

There is NO evidence the SF61 was administered virtually under the conditions outlined below in the OPM Memorandum On-boarding Processes for New Employees During the COVID-19 Emergency, regardless of that the SF61 must be administered in accordance with  5 U.S. Code § 2903 (a)The oath of office required by section 3331 of this title may be administered by an individual authorized by the laws of the United States or local law to administer oaths in the State, District, or territory or possession of the United States where the oath is administered, and or (c) (2)an individual authorized by local law to administer oaths in the State, District, or territory or possession of the United States where the oath is administered. — So if that sf61 was administer over seas it would have to have been administer at a US Embassy (E.g. US Embassy, Keizersgracht 321, 2514 RD The Hague, Netherlands.) And that individual would have to been designated in writing by the head of the Executive agency on or before November 20, 2021, plausible, but highly unlikely, and there would be a paper-trail a mile long, and there is No getting over the fact that  JOHN L. SMITH is a nom de guerre, adopted by a person engaged in combat, espionage, or other clandestine activities, and NOT the certain name, JOHN LUMAN SMITH was licensed admitted to practice law under. All the exits are blocked.

OPM Memorandum On-boarding Processes for New Employees During the COVID-19 Emergency  March 24, 2020

MEMORANDUM FOR HEADS OF EXECUTIVE DEPARTMENTS AND AGENCIES

FROM: MICHAEL J. RIGAS, ACTING DIRECTOR

SUBJECT: On-boarding processes for new employees during the COVID-19 emergency  The purpose of this Memorandum is to provide agencies with additional guidance related to on-boarding processes for new employees during the COVID-19 emergency.

Administering the Oath of Office and I-9  Due to precautions related to physical proximity being implemented as a result of COVID-19, the U.S. Office of Personnel Management (OPM) advises agencies to exercise discretion to defer the physical presence requirements associated with onboarding of new employees.

Oath of Office:  Currently, 5 U.S.C. §§ 2903 and 3331 require that an Oath of Office be administered by an employee who is designated in writing by the head of the Executive agency or the Secretary of a military department.  This person (or persons) can be designated to administer the Oath required under section 3331, or any other oath required by law in connection with employment in the Executive branch.

As a precaution in response to COVID-19, agencies should amend the process by which they administer the Oath of Office, to include provisions that allow this process to be conducted virtually or remotely (e.g., over video link, Skype, FaceTime, etc.).  Agency HR Directors should work with their respective agency Chief Information Officers to determine the best options.  The HR Specialist or the agency’s designee to administer the Oath shall request that the employee send an electronic version of the signed document (either an image of the signed document, an electronically signed document, or other acceptable method) via e-mail to the agency, preferably within three business days of the onboarding process.  Other forms required or used in the onboarding process (e.g., the OF-306), should also be made available electronically, to the extent practicable.  The HR specialist or designee will review all electronic documents collected as part of the onboarding process and add them to the employee’s electronic personnel file and Official Personnel Folder.

The above provisions of this memorandum may be implemented by agencies for the duration of the current national emergency or until further notice. At the conclusion of the current national emergency, each agency should hold an in-person swearing-in to ratify actions taken in the interim by employees who were sworn in virtually.

Form I-9:  In addition, agencies should be aware that on March 20, 2020, the U.S. Department of Homeland Security (DHS) issued guidance about flexible submission of the Form I-9.  As noted in the guidance, “Employers who avail themselves of this option must provide written documentation of their remote onboarding and telework policy for each employee.”  Agencies should keep a record of their overarching policy and procedure surrounding this process, to be made available to DHS if requested.

New Employee Orientation and Onboarding  Agencies may elect to perform onboarding processes remotely, via visual inspection using remote electronic capabilities (e.g., Skype, FaceTime, etc.). Agency HR Directors should work with their respective agency Chief Information Officers to determine the best options. HR Specialists shall request that the employee send electronic versions of all signed forms and documents via e-mail to the agency within three business days of the onboarding process.  The HR Specialist should review these forms and documents and add them to the employee’s electronic personnel file and Official Personnel Folder.

If you need additional guidance, please send questions to [email-masked]. That above Memorandum is evidence the DOJ’s Justice Management Division/ Human Resources and OGC could have amend the process by which they administer the Oath of Office, to include provisions that allow this process to be conducted virtually or remotely, history is the record that NEVER Happened. The DOJ once again screwed their own pooch.

John Luman Smith use of a falsus and fictitious name, has all the appearances of be a violation of one or more codified federal laws:  18 U.S. Code § 1001 - Statements or entries generally —and or— 18 U.S. Code § 1621- Perjury generally (1) & (2) - Perjury generally, the District of Columbia Legal Ethics: A Summary of the law of lawyering in the District of Columbia — 3.3:200 False Statements to a Tribunal and 18 U.S. Code § 1001 - Statements or entries generally and:

NYS Penal Code SECTION 175.35 Offering a false instrument for filing in the first degree

A person is guilty of offering a false instrument for filing in the first degree when: 1. knowing that a written instrument contains a false statement or false information, and with intent to defraud the state or any political subdivision, public authority or public benefit corporation of the state, he or she offers or presents it to a public office, public servant, public authority or public benefit corporation with the knowledge or belief that it will be filed with, registered or recorded in or otherwise become a part of the records of such public office, public servant, public authority or public benefit corporation. Offering a false instrument for filing in the first degree is a class E felony.

ABA article:  When is it okay for a lawyer to lie?

Everyone knows that lawyers are not allowed to lie — to clients, courts or third parties. But once you get beyond deliberate false statements, the scope of the obligations to truth and integrity become less clear. What about reckless and negligent statements that are false? What about misleading statements and implications about the extent of your knowledge? What about omissions? When is it okay to exploit someone else’s misapprehension and when do you have to correct it?

According to news report on msn.com on May 3rd, 2024 "Jack Smith's Team Admits Key Evidence in Trump Case Has Been Tampered With, Court Misled About It” and according to JusttheNew.com "Smith’s team in a footnote also conceded it had misled the court about the problem by previously declaring that the evidence had remained in the exact state it had been seized."

It is reprehensible and unfathomable that this insiliarius attorney, JOHN LUMAN SMITH, is still licensed and admitted by the Second Appellate Division Department without bing the recipient of condemnation and or disciplinary action concerning JOHN LUMAN SMITH repeated and habitual use of names that are both falsus and fictitious name(s) John L. Smith,  a.k.a, Jack Luman Smith,  a.k.a Jack L. Smith and or a.k.a, Jack Smith…, (Jewish gematria =851 = The Devil)

Withycombe’s Research on Nicknames: Etymology of the Nickname: The nickname “Jack” for “John” has historical roots that can be traced back to the evolution of names over time. The transition from John to Jack is a result of linguistic transformations and cultural influences

JOHN LUMAN SMITH is a habitual flip flopper of: NAME

The aforementioned memorandum is evidence a cover up that exposes a vast “LEFT" winged communist criminal conspiracy by the COUP-Cohorts, whom have intentionally omitted any reference to the date when they discovered the “witness” signature was missing, was that discovery made on or before the FBI’s RAID on Mar-a-Lago on August 8, 2022 that remains a unknown as of today June 17, 2024

McNally v. U.S., 483 U.S. 350, 371-372, Quoting U.S. v Holzer, 816 F.2d. 304, 307 Fraud in its elementary common law sense of deceit... includes the deliberate concealment of material information in a setting of fiduciary obligation. A public official is a fiduciary toward the public,... and if he deliberately conceals material information from them he is guilty of fraud.

“I, David Patrick Gartland certify, under penalty of perjury under the laws of the United States of America that the foregoing is true and correct.

Executed on the 17th, day of July in the year of our Lord, Two Thousand Twenty Four.

/s/ David Patrick Gartland

David Patrick Gartland, USAF veteran, serving under the Grace of thy Almighty God.

6306 14th Ave. Apt.1

Brooklyn, NY 11219

347-798-7693

On an aside: The Mystery of the 17th!

Nobody is Above the LAW

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