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