Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Relator c/o P.O. Box 80446 Billings, Montana state zip code exempt Under Protest, Necessity, and by Special Visitation DISTRICT COURT OF THE UNITED STATES JUDICIAL DISTRICT OF MONTANA BILLINGS DIVISION People of the United States ) Case No. ______________________ of America, ex relatione ) Montana 16th D.C. Case No. 2721 Paul Andrew Mitchell, ) NOTICE OF PETITION AND VERIFIED ) PETITION FOR WARRANT OF REMOVAL Petitioners, ) BY THREE-JUDGE PANEL: ) 18 U.S.C. 1964(a); vs. ) 28 U.S.C. 292(b), 1331, 1332, ) 1333(1), 1334, 1359, 1367(a), United States et al., ) 1441(b), 1441(c), 1446, 1746(1), ) 2284; 5 U.S.C. 552(a)(4)(B); Respondents. ) FRCP Rules 9(h), 11, 38 ) ) JURY TRIAL DEMANDED ______________________________) COME NOW the People of the United States of America (hereinafter "Petitioners"), ex relatione Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state, federal witness and Counselor at Law (hereinafter "Relator"), to petition this honorable Court for a warrant of removal, pursuant to the authorities cited supra, of Case Number 2721 from MONTANA SIXTEENTH JUDICIAL DISTRICT COURT, GARFIELD COUNTY, into this honorable Court, on the federal questions involved, to wit: Notice and Verified Petition for Warrant of Removal: Page 1 of 6 (1) the original state court petition for Temporary Restraining Order ("TRO") and other injunctive relief; (2) the Relator's Freedom of Information Act ("FOIA") request previously submitted for the official credentials of all 633 alleged federal agents who rotated in and out of the "Freeman Standoff" in Jordan, Garfield county, Montana state; and (3) the other federal questions identified since then, including but not limited to the several related federal cases whose litigants are now desirous of either joining, removing to, and/or formally intervening in, the instant case because of Their own FOIA requests, Their challenges to the constitutionality of the Jury Selection and Service Act, and because of the implications of those challenges for the apportionment of congressional districts. See voter registration affidavits; 28 U.S.C. 1861 thru 1865; and 28 U.S.C. 2284, Historical and Statutory Notes. Petitioners hereby provide formal Notice of the above to all interested parties. Most notable among the related federal cases are the prominent cases entitled U.S.A. [sic] v. Schweitzer et al., United States District Court, District of Montana, Billings Division, Case Numbers to wit: CR 95-117-BLG-JMB CR 96- 45-BLG-JMB CR 95- 51-BLG-JMB CR 96- 41-BLG-JMB CR 96- 47-BLG-JMB CR 96- 32-BLG-JMB CR 96- 46-BLG-JMB See "ORDER" of "JAMES M. BURNS" dated September 30, 1996, for a consolidated list of "Defendants" [sic] itemized in the cases listed supra. The Montana state district court's official record contains a Request for Judicial Notice of the original FOIA request previously submitted by Relator to the United States Attorney General for certified copies of the credentials of all 633 alleged federal agents involved in the Freeman Standoff. Notice and Verified Petition for Warrant of Removal: Page 2 of 6 Relator has subsequently submitted additional FOIA requests to the United States Department of Justice and to the federal Judiciary, on matters which go to related federal questions, such as federal powers of attorney, standing to sue, and federal criminal jurisdiction within the several states of the Union. Petitioners are now proceeding on the basis of the presumption that the Montana state court record will be made available to this honorable Court upon Notice and Demand for Mandatory Judicial Notice, pursuant to Rule 201(d) of the Federal Rules of Evidence, the Full Faith and Credit Clause, and 28 U.S.C. 1449. JURISDICTION The District Court of the United States has original jurisdiction over this action, pursuant to the authorities cited in the above caption, to wit: 18 U.S.C. 1964(a), 28 U.S.C. 1331, 1332, 1333(1), 1334, 1359, 1367, 1441, 1446, 2284, and 5 U.S.C. 552(a)(4)(B). The District Court of the United States is an Article III court with authority to hear questions arising under the Constitution, Laws, and Treaties of the United States, including but not limited to the Bill of Rights, Eleventh Amendment, original Thirteenth Amendment, the International Covenant on Civil and Political Rights, and the Universal Declaration of Human Rights, with Reservations. See Supremacy Clause in the Constitution for the United States of America, as lawfully amended (hereinafter "U.S. Constitution"). Notice and Verified Petition for Warrant of Removal: Page 3 of 6 RESERVATION OF RIGHTS DUE TO FRAUD Petitioners hereby explicitly reserve Their fundamental Right to amend this and all subsequent pleadings, should future events and/or discoveries prove that They have failed adequately to comprehend the full extent of the damage(s) which They have suffered at the hands of the Respondents, both named and unnamed, now and at all times in the future. See Article I, Section 6, Clause 2 ("1:6:2"), in the U.S. Constitution. Petitioners hereby also explicitly reserve Their fundamental Right to enjoy a panel of three (3) competent and qualified judges whose compensations are not being diminished by federal income taxes, pursuant to Article III, Section 1 ("3:1"), in the U.S. Constitution. Petitioners hereby specifically complain that Congress knew, or should have known, that the federal court of original jurisdiction to enforce the FOIA is the District Court of the United States ("DCUS"), not the United States District Court ("USDC"), when Congress published A CITIZEN'S GUIDE ON USING THE FREEDOM OF INFORMATION ACT AND THE PRIVACY ACT OF 1974 TO REQUEST GOVERNMENT RECORDS, First Report by The House Committee on Government Operations, Subcommittee on Information, Justice, Transportation, and Agriculture, 1993 Edition, House Report 103- 104, 103rd Congress, 1st Session, Union Calendar No. 53. Said CITIZEN'S GUIDE incorrectly cited the United States District Court as the federal court of original jurisdiction for judicial enforcement of FOIA requests. See 5 U.S.C. 552(a)(4)(B). There is no statute of limitations on fraud, whether actual or constructive. Notice and Verified Petition for Warrant of Removal: Page 4 of 6 VERIFICATION I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state, federal witness, Counselor at Law, and Relator in the instant case, hereby verify, under penalty of perjury, under the laws of the United States of America, without the "United States", that the above statement of facts is true and correct, according to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). REMEDY REQUESTED Wherefore, Petitioners hereby petition this honorable District Court of the United States for a three-judge panel to issue a Warrant of Removal to the Montana Sixteenth Judicial District Court, Garfield County, to remove case number 2721 from said state court into this District Court of the United States, Judicial District of Montana, Billings Division, with all deliberate speed. Executed on October 3, 1996 Respectfully submitted, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law and Relator Notice and Verified Petition for Warrant of Removal: Page 5 of 6 PROOF OF SERVICE I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state, federal witness and Counselor at Law, do hereby certify, under penalty of perjury, 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 PETITION AND VERIFIED PETITION FOR WARRANT OF REMOVAL BY THREE-JUDGE PANEL: 18 U.S.C. 1964(a); 28 U.S.C. 292(b), 1331, 1332, 1333(1), 1334, 1359, 1367(a), 1441(b), 1441(c), 1446, 1746(1), 2284; 5 U.S.C. 552(a)(4)(B); FRCP Rules 9(h), 11, 38 JURY TRIAL DEMANDED by placing one true and correct copy of same in first class U.S. Mail, with postage prepaid and properly addressed to: Attorney General William H. Rehnquist, C.J. Department of Justice Supreme Court of the U.S. 10th and Constitution, N.W. 1 First Street, N.E. Washington, D.C. Washington, D.C. Solicitor General Warren Christopher Department of Justice U.S. Secretary of State 10th and Constitution, N.W. Department of State Washington, D.C. Washington, D.C. James M. Burns LeRoy Michael; Schweitzer United States District Court The Freedom Center 316 North 26th Street c/o P.O. Box 80446 Billings, Montana state Billings, Montana state Office of United States Attorney Judge J. Clifford Wallace Department of Justice Ninth Circuit Court of Appeals Federal Building c/o P.O. Box 193939 Billings, Montana state San Francisco, California Chief Judge Judge Alex Kozinski Ninth Circuit Court of Appeals Ninth Circuit Court of Appeals c/o P.O. Box 193939 125 South Grand Avenue, #200 San Francisco, California state Pasadena, California state Dated: October 3, 1996 /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Relator # # #
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People v. United States et al.