5. PRESUMPTIONS. In lawsuits against Government agencies or employees there is a long-standing, two-part presumption held by the government and recognized by the courts: (1) The government always acts within the law and (2) The government is always right. The Plaintiff must attach documented evidence to his or her Original Complaint to affirmatively rebut this presumption.

PURPOSE: Attach documented evidence (of government agency misconduct or government employee misconduct) to the Request For Writ of Mandamus to rebut the Courts' presumption that "the government always acts within the law" and "the government is always right." Shift the burden of proof (both evidence and the burden of going forward) to the government to disprove any documented evidence attached to the Request For Writ of Mandamus against the U.S. Treasury Department. The purpose of the Writ of Mandamus is to force the U.S. Treasury Department to issue distress warrants to identified government agencys and employees to recover any fraudulently converted public assets in the form of the entire False Claims Act "proceeds of the action or settlement of the claims."

Tot v. U.S., U.S. v. Delia, 1943, 319 US 463, 63 S.Ct. 1241.

        There is a long-standing, two-part presumption held by the government and recognized by the courts:
                1. The government always acts within the law; and
                2. The government is always right.
        Every person or litigant must always challenge, rebut, disprove, deny and show to be false this presumption of legislative and procedural correctness affirmatively claimed and held by the government and affirmatively recognized by the courts. All of these actions must specifically take the form of documented evidence, not verbal or written arguments, when disagreeing with, or fighting the government.
        It has been held that, insofar as criminal liability is concerned, a statutory presumption may run afoul of constitutional provisions (due process) unless there is a "rational connection" between the established fact and the presumed fact flowing therefrom. See Tot v. U.S., U.S. v. Delia, 1943, 319 US 463, 63 S.Ct. 1241.
        The "state a claim upon which relief could be granted" wording in the FRCP and local court rules means PROVIDE EVIDENCE WHICH THE COURT CAN REVIEW AND BASE RELIEF UPON. When you FAIL to include EVIDENCE, in the document (original complaint) that you make the allegations in, then you have "failed to state a claim". You did not provide EVIDENCE upon which the judge could grant relief.
        Citing lots of statutes and caselaw is not evidence and will not be considered evidence by the presiding judge. Neither written allegations nor written arguments rebut the government's and courts' presumption. You can cite many cases and make many claims of wrongdoing, but these are simply arguments and nothing more.
        Attaching hard and documented evidence to an Original Complaint may seem to conflict with the local rules of a particular court but it must be done when allegations are made against the U.S. Government or government employees.