Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state and federal witness c/o 2509 N. Campbell, #1776 Tucson, Arizona state zip code exempt Under Protest, Necessity, and by Special Visitation MONTANA SIXTEENTH JUDICIAL DISTRICT COURT, GARFIELD COUNTY People of the United States ) Case No. _______________________ of America, ex relatione ) Paul Andrew Mitchell, ) NOTICE OF INTENT TO APPEAR, AND ) Petitioners, ) PETITION FOR CLARIFICATION ) vs. ) OF COURT'S ORDER DATED ) United States et al., ) THE 31st day of May, 1996 ) Respondent. ) ______________________________) COME NOW the People of the United States of America, ex relatione Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state (hereinafter "Petitioners"), to provide formal Notice to all interested parties of Their intent to appear -- as required by this honorable Court's Order dated the 31st day of May, 1996 -- in the Garfield County Courthouse, Jordan, Montana, at 11:00 o'clock a.m. on the 19th day of June, 1996, to present proof and legal reasons as to why this Court has jurisdiction to grant the relief requested, to wit: an immediate Temporary Restraining Order ("TRO") restraining all officers, agents, and employees of the United States from using any lethal force in its pending negotiations with the so-called "Freemen of Montana" at Justus Township now situated within the geographic venue of this Court, said TRO also to declare that there will be no further deprivations of life, liberty, or property without due process of Law, consistent with the Fifth Amendment to the Constitution for the United States of America, as lawfully amended. Notice of Intent to Appear and Petition for Clarification: Page 1 of 6 Petitioners also wish hereby to acknowledge that part of said Order which stipulates: A. That under no circumstances should the Clerk of Court file the petition without prior receipt, in U.S. dollars, of a filing fee in the amount of $95.00 pursuant to M.C.A. 25- 1-201. Freeman checks or other like tender are not to be accepted. [emphasis added] Petitioners hereby place this honorable Court, and all interested parties, on formal Notice of the sum of ninety-five (95) Susan B. Anthony "ONE DOLLAR" coins transmitted herewith and made payable to the Clerk of Court with the inscriptions "LIBERTY", "UNITED STATES OF AMERICA", "E PLURIBUS UNUM", AND "IN GOD WE TRUST" minted thereon. Petitioners found it necessary to "purchase" said coins from a United States Post Office with Federal Reserve Notes ("FRNs") and to do so "under protest", which declaration is made here notoriously, as a standing objection, in order explicitly to reserve all Their Rights, without prejudice to any of Their Rights, for having tendered FRNs to "purchase" said coins. Petitioners take special note of that part of this Court's Order which required the filing fee to be paid in "U.S. dollars" and which prohibited the filing fee from being paid by means of "Freeman checks or other like tender" [emphasis added]. Petitioners need and hereby respectfully request clarification from this Court concerning the legal meaning of the phrases "U.S. dollars", "$", and "other like tender" as those phrases are used in this Court's Order dated the 31st day of May, 1996. Notice of Intent to Appear and Petition for Clarification: Page 2 of 6 Specifically, was it this Court's deliberate intention to include Federal Reserve Notes in the phrase "other like tender" and to exclude Federal Reserve Notes from the phrase "U.S. dollars"? Alternatively, was it this Court's intention to include Federal Reserve Notes in the phrase "U.S. dollars" and to exclude Federal Reserve Notes from the phrase "other like tender"? Petitioners hereby also respectfully request written clarification of these questions by this honorable Court, if possible, prior to Their scheduled appearance on June 19, 1996, at 11:00 a.m., and that said written clarification be transmitted via facsimile to the relator Paul Andrew, Mitchell, B.A., M.S., no later than 5:00 p.m. Jordan time on Monday, June 17, 1996. Petitioners argue that these questions go to the substantive merits of Their original Petition for TRO, because it is Our belief that the Freemen of Justus Township are being persecuted, and Their lives are quite probably in imminent danger, in part, because of Their demonstrated mastery of the commercial lien process and of the lawful method(s) for monetizing said commercial liens. See Uniform Commercial Code and "The Law and Regulation of Financial Institutions," by Milton R. Schroeder, Professor of Law, Arizona State University, previously published, in part, as "Bank Officer's Handbook of Commercial Banking Law," Sixth Edition, Copyright 1989 Milton R. Schroeder, c/o Warren, Gorham & Lamont, 31 St. James Avenue, Boston, Massachusetts (a Commonwealth member of the United States of America, a Union). Notice of Intent to Appear and Petition for Clarification: Page 3 of 6 For the edification of this honorable Court, and of all interested parties, Petitioners hereby attach hereto and incorporate by reference, as if set forth fully herein, a true and correct copy of the official transcript of a lecture entitled "Return to Constitutional Money," as delivered by Dr. Edwin J. Vieira, Jr., on August 31, 1991, to a conference of the National Coalition to Reform Money and Taxes ("NCRMT") in Denver, Colorado state (a Republic member of the United States of America, a Union). VERIFICATION I, Paul Andrew, Mitchell, B.A., M.S., the relator in the above entitled action, hereby certify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the above statements of fact are true and correct, to the best of my current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). RELIEF REQUESTED Petitioners hereby respectfully request this honorable Court: (1) to clarify the meaning of the phrases "U.S. dollars", "$", and "other like tender" as used in its Order issued on the 31st day of May, 1996, (2) to specify in which of these several phrases this Court meant to include Federal Reserve Notes ("FRNs"), (3) to provide the requested clarification prior to Petitioners' scheduled appearance before this Court on June 19, 1996, at 11:00 a.m., and (4) to fax said clarification to the relator no later than 5:00 p.m. on Monday, June 17, 1996. Notice of Intent to Appear and Petition for Clarification: Page 4 of 6 Respectfully submitted on June 12, 1996 via facsimile to the Clerk of Court, and via Express U.S. Mail with filing fee enclosed therewith /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state and federal witness All Rights Reserved without Prejudice Notice of Intent to Appear and Petition for Clarification: Page 5 of 6 PROOF OF SERVICE I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state, do hereby certify, under the laws of the United States of America, without the "United States," that I am at least 18 years of age, a Citizen of one of the United States of America, and that I personally served the following document: NOTICE OF INTENT TO APPEAR, AND PETITION FOR CLARIFICATION OF COURT'S ORDER DATED THE 31st day of May, 1996 by placing one true and correct copy of same in first class United States Mail, with postage prepaid and properly addressed to the following individuals: Attorney General Department of Justice 10th and Constitution, N.W. Washington, D.C. zip code exempt Solicitor General Department of Justice 10th and Constitution, N.W. Washington, D.C. zip code exempt Dated: June 12, 1996 /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state All Rights Reserved without Prejudice Notice of Intent to Appear and Petition for Clarification: Page 6 of 6 # # #
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People v. United States et al.