FOR IMMEDIATE RELEASE October 4, 1996 The Freedom Center Petitions a 3-Judge Federal District Court under Article III BILLINGS, MONTANA. The Freedom Center filed a Petition today with the District Court of the United States for a 3-judge panel to authorize the removal of an overlooked state case seeking a restraining order against the FBI during the Freeman Standoff. At the height of the standoff in Jordan, Montana, Freemen supporters scouting the highways reported a convoy of ambulances in route to Jordan. These reports were fed into the Internet, and a Counselor at Law in Arizona, Paul Andrew Mitchell, decided the FBI had gone far enough. In a court case which has received absolutely no press coverage, Mitchell filed a petition on behalf of the People of the United States of America, to restrain the federal government from using lethal force, and to enjoin them from depriving the People in Garfield county of any life, liberty, or property without due process of law. The Clerk of the county court in Jordan was gracious enough to waive the $95 filing fee for this case, titled People v. United States et al., because of the emergency that was developing. The Clerk was surprised to hear that ambulances were headed for Jordan, because she also serves on the local ambulance crew, and her crew had not been dispatched. , Paul Mitchell reasoned that the ambulances moving towards Jordan must have been dispatched by the federal government, without informing local authorities. The electronic mail Mitchell was receiving, in near real-time, convinced him that bloodshed was imminent. Kenneth Wilson, the county judge assigned to the case, immediately overruled the Clerk and required the Plaintiffs to pay the filing fee, or face immediate dismissal. Wilson issued an order that the filing fee must be paid in U.S. dollars, and not with Freeman checks or other like tender. Mitchell paid the fee under protest, using ninety-five Susan B. Anthony one-dollar coins, and then requested Judge Wilson to clarify the meaning of "U.S. dollars", "Freeman checks", and "other like tender." Conspicuous for its absence was any mention in Wilson's order of Federal Reserve Notes. Mitchell wanted to know into what category Judge Wilson would place Federal Reserve Notes. Wilson also ordered Mitchell to appear in his courtroom to explain why the county court would have any legal jurisdiction over the federal government within Garfield county. In response, Mitchell petitioned Judge Wilson for leave to appear in writing, since Mitchell was living in Arizona at the time, and traveling to Montana for every court appearance would become prohibitively expensive. Judge Wilson never ruled on this request. Mitchell immediately filed a Freedom of Information Act ("FOIA") request to the United States Attorney General for certified copies of the official credentials, if any, of all 633 federal agents who reportedly rotated in and out of the Freeman Standoff in Jordan. Under the FOIA, Congress has made it relatively simple for Citizens to obtain government documents. After the first request, written on plain stationery without legalese, a simple one-page appeal is all that is necessary to exhaust administrative remedies, and then to place the matter before the proper federal court, to compel production of the requested documents under court order. The Freedom Center -- Press Release #2: Page 1 of 2 It was at this point that Mitchell, and several other legal investigators around the nation, made a remarkable, and fundamental discovery. The court of original jurisdiction over FOIA enforcement is the district court of the United States, not the United States District Court. In its infinite wisdom, our vaulted Congress has played some tricky word games with court names, in order to confuse all Americans into thinking that there is only class of federal district court. However, the U.S. Supreme Court has already explained, in clear and unmistakable language, that there are two classes of federal courts, just as there are two classes of citizenship, in America. One class of federal courts is authorized by Article III in the U.S. Constitution. These courts are true constitutional forums, with judicial power to hear all matters arising under the Constitution, the laws of the United States, and treaties. The other class of federal courts is authorized by Article IV in the Constitution. These are strictly territorial courts, with absolutely no criminal jurisdiction whatsoever. LeRoy Schweitzer and his colleagues are now being criminally prosecuted in the Article IV territorial court, also known as the United States District Court. Mitchell then followed up with another FOIA request for the Federal Register regulations, if any, which implement the statute granting criminal jurisdiction to any federal courts. In Title 18 of the United States Codes, section 3231 grants criminal jurisdiction to the district courts of the United States, but not to the United States District Courts. Furthermore, without regulations published in the Federal Register, this statute can only be applied to federal officers, agents, and employees of the United States. In response to Mitchell's FOIA request, the Attorney General's office has, once again, failed to produce certified copies of these regulations, because they do not exist. Litigation under FOIA is the best, if not only way to prove, as a matter of fact and law, that these regulations do not exist. Since numerous federal questions have already arisen in the Freeman Standoff case -- such as FOIA enforcement, the presence of federal agents within Montana state, and federal criminal jurisdiction -- it was only natural to remove the Garfield county case into federal court, in order to litigate these questions in the proper forum. Mitchell, at the suggestion of Randall Parsons, Executive Director of The Freedom Center, persuaded the Center staff to convene a 3-judge district court of the United States at the federal courthouse in Billings, Montana state. Parsons reasoned that a 3-judge panel is rooted in biblical law, and proper when injunctions are sought against the United States (federal government). This case has now been officially filed with docket number CV-96-163-BLG. For more information, contact The Freedom Center at email: email@example.com; telephone (406) 652-7412; fax: (406) 652-1813. Copies of previous press releases, and of all the filings in the Garfield county case, are distributed electronically to people who subscribe to the FREEMAIL private electronic email list. The FREEMAIL list was recently announced by The Freedom Center, and the response was immediate. The Freedom Center -- Press Release #2: Page 2 of 2 # # #
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People v. United States et al.