MEMO TO: Adolf Hoch FROM: Paul Mitchell DATE: April 7, 1996 SUBJECT: U.S.A. v. Broderick et al. Judge Keller in your TRO hearing engaged in the practice of law when he dictated changes to the language of the Temporary Restraining Order proposed by the United States Attorneys. This is a high misdemeanor, pursuant to 28 U.S.C. 454. He should be disqualified immediately, and the Order quashed at once for this reason (see attached). Under separate cover, I have also faxed to you the 10th Circuit's rules for filing formal judicial complaints against a federal judge, pursuant to 28 U.S.C. 372(c). These rules are also published in Dan Meador's book entitled By the IRS Book, to wit: RULES OF THE JUDICIAL COUNCIL OF THE TENTH CIRCUIT GOVERNING COMPLAINTS OF JUDICIAL MISCONDUCT OR DISABILITY If you wish to proceed against this judge for his misconduct (high misdemeanor), then you must begin at once to obtain the corresponding rules from the Ninth Circuit. At the very least, filing such a formal judicial complaint will immediately disqualify Keller, and force the United States to assign a replacement. This will buy us time to prepare for the next chess move. Furthermore, there is a standard procedure for filing a criminal complaint with the United States Attorney; you might also consider filing a formal request for a federal grand jury investigation into this matter. If the U.S. Attorneys drag their feet on this request, you have exhausted your admiralty court remedies, and you would be justified in convening your own common law grand jury to hear the matter and issue their own indictment(s), as they deem appropriate or not. On this point, we are exploring new ground by sending mail to the federal grand jury foreperson via Registered U.S. Mail, return receipt AND restricted delivery requested. This mode requires the USPO to keep records of the chain of possession, which can be obtained under compulsory rules of discovery (e.g. FOIA and/or Federal Rules of Evidence). Keep this in mind, if and when you decide to request a grand jury investigation. Note also in 28 U.S.C. 455(e) (Disqualification of justice, judge, or magistrate) that no justice, judge, or magistrate shall accept from the parties to the proceeding a waiver of any ground for disqualification enumerated in subsection (b). I am awaiting documentation from Ivy West, and I will be returning your call after I have had a chance to review this documentation and to discuss it with her on the telephone. Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew Mitchell, B.A., M.S. Citizen of Arizona state, federal witness and Counselor at Law email: supremelawfirm@yahoo.com website: http://supremelaw.com # # #
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U.S.A. v. Broderick