c/o 2509 N. Campbell, #1776 Tucson [zip code exempt] ARIZONA REPUBLIC February 25, 1997 Mr. Richard L. Huff Co-Director Office of Information and Privacy U.S. Department of Justice Washington, D.C. Re: Appeal No. 96-1378 RLH:ADW Dear Mr. Huff: Thank you for your letter to Me, dated February 19, 1997, with attachments. I regret to inform you that We must refuse your letter for cause. Our reasons for refusing your letter, and all of its attachments, are stated as follows: Our requests for the credentials of one Nora Manella required certified copies of these credentials, in order to render the requisite documents admissible in a court of law. Without the requested certification, the documents are not admissible. Although you may not have known this, We have seen many rulings against the admissibility of uncertified documents. Your response is also inadmissible under the doctrine of estoppel. Our original FOIA request for the official credentials of one Nora Manella dates from late spring of last year. Pursuant to Article VI, Clause 3, Citizens have a fundamental Right to know that federal employees have taken the requisite oath of office, and evidence of said oath is not protected by any restrictions of the Privacy Act. See 18 U.S.C. 242: deprivation of fundamental Rights under color of law; and Supremacy Clause. Because certified copies of the requisite credentials were not produced in response to any of Our requests, We are now entitled to proceed on the basis of the conclusive presumption that the requisite credentials do not exist, and Nora Manella is now estopped from producing said credentials at any time in the future. Silence is a species of conduct and represents an implied representation of the existence of the state of facts in question. On estoppel by acquiescence, see Carmine v. Bowen, 64 A. 932 (1906). Silence can also be equated with fraud where there is a legal or a moral duty to speak, or where an inquiry left unanswered would be intentionally misleading. See U.S. v. Tweel, 550 F.2d 297, at 299 (1977), quoting U.S. v. Prudden, 424 F.2d 1021, at 1032 (1970). Last but not least, the document you have presented to Us does not exhibit a valid OMB control number and expiration date. A proper Appointment Affidavit is an OMB-approved federal form; the absence of the requisite control number and expiration date provides me with sufficient cause to regard the document as a "bootleg request" which belongs in the trash can. See the Paperwork Reduction Act for details and its legislative history. I do apologize in advance if this letter should cause you any inconvenience, but timeliness, genuineness, and certification are essential prerequisites to proper adjudication of the matters which were raised by our original request for the credentials of one Nora Manella. Thank you very much for your consideration. Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness and Counselor at Law copy: Judge Alex Kozinski, Ninth Circuit Court of Appeals (supervising) email: supremelawfirm@yahoo.com website: http://supremelaw.com # # #
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U.S.A. v. Broderik et al.