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
# # #
Return to Table of Contents for
U.S.A. v. Broderik et al.