c/o USMCFP #44202-086
P.O. Box 4000
In Propria Persona (initially)
United States District Court
Western District of Missouri
Southern Division / Springfield
UNITED STATES OF AMERICA, )
JOSEPH RUBEN HILL et al., )
United States ) Case No. 14-3460-CV-S-MDH-P
ex relatione )
Paul Andrew Mitchell, ) NOTICE OF MOTION AND
) MOTION FOR INTERLOCUTORY JUDGMENTS:
Civil Cross-Plaintiff, ) 28 U.S.C. 2201.
Nancy Dell Freudenthal, )
Stephan Harris, )
L. Robert Murray, and )
Does 1 thru 100, )
Civil Cross-Defendants. )
Comes now the United States ex rel. Paul Andrew Mitchell, B.A., M.S., to move this honorable Court for Interlocutory Judgments on the ten (10) Main Points enumerated below, and for a routine standing ORDER requiring the Clerk of Court to serve scanned electronic copies of this MOTION upon all named Civil Cross-Defendants in due consideration of Relator’s current plight as an indigent political prisoner -- falsely arrested and falsely incarcerated since 1/28/2014.
(1) as appended to the U.S. Senate’s ratification of the ICCPR (International Covenant on Civil and Political Rights), the “not self-executing” Declaration is unconstitutional for violating the Petition Clause in the First Amendment and the Bicameralism Clause at Article I, Section 7, Clause 2;
(2) without approval by the U.S. House of Representatives in compliance with 1 U.S.C. 101, the “not self-executing” Declaration is not binding upon American courts as a matter of supreme Law expressed in the Supremacy Clause;
(3) Federal statutes e.g. 28 U.S.C. 1331, 1362 and 2241(c)(3) in pari materia with the Arising Under Clause and the Supremacy Clause, suffice for purposes of enacting “domestic” legislation implementing the ICCPR a priori;
(4) the absence of an Act of Congress expressly declaring the ICCPR “not self-executing” activates a mandatory inference that whatever was omitted or excluded was intended to be omitted or excluded by Act of Congress (cf. “inclusio unius est exclusio alterius” in Black’s Law Dictionary, Sixth Edition);
(6) recourse to the plain language of the ICCPR, and to its drafting history, demonstrates that it is, in fact, a self-executing agreement that, upon ratification, became the Law of the Land and thus must be enforced by American courts of competent jurisdiction (see Igartua v. United States, 626 F.3d 592, 624-628 (1st Cir. 2010));
(7) the plain language of the ICCPR also counsels that individual rights were created, and the United States agreed to provide a forum and remedies for vindication, and equal protection, of those rights to State Citizens (Citizens of one of the United States of America), and also to federal citizens, when either class of American People do claim violations of those rights;
(8) injunctive relief is also proper and available for purposes of enjoining indefinite delays in providing, and developing, effective remedies for violations of fundamental rights, notwithstanding that those violations were committed by persons acting in some official capacity;
(9) Congress is obligated to enact legislation expressly barring private rights of action to enforce the ICCPR, if the intent of Congress is limited to governing the relationship between two sovereign States Party to the ICCPR; and,
(10) without a proper constitutional Amendment duly ratified pursuant to Article V, the ICCPR can neither expand, nor increase the number of, enumerated powers previously conferred upon the United States by the Constitution for the United States of America (cf. Executive Order 13132, Aug. 4, 1999 re: Federalism).
SUMMARY MEMORANDUM OF LAW
Relator is pleased to provide this honorable Court with key excerpts from Executive Order 13107 of Dec. 10, 1998, 63 Fed. Reg. 68991, which directly addresses implementation of human rights treaties:
It shall be the policy and practice of the Government of the United States ... fully to respect and implement its obligations under the international human rights treaties to which it is a party, including the ICCPR ....
All Executive departments and agencies ... shall maintain a current awareness of United States international human rights obligations that are relevant to their functions and shall perform such functions so as to respect and implement those obligations fully ....
To the maximum extent practicable and subject to the availability of appropriations, agencies shall carry out the provisions of this order.
The principal functions of the Interagency Working Group shall include ... coordinating and directing an annual review of United States reservations, declarations, and understandings ... and matters as to which there have been nontrivial complaints or allegations of inconsistency with or breach of international human rights obligations, in order to determine whether there should be consideration of any modification of relevant reservations, declarations, and understandings to human rights treaties, or United States practices or laws.
Relator is also pleased to provide this honorable Court with a key definition from Executive Order 13132 of Aug. 4, 1999, 64 Fed. Reg. 43255, for clearly and precisely stating the correct legal meaning of the phrase “United States of America” as follows:
Section 1. Definitions. For purposes of this order: ... (b) ‘State’ and ‘States’ refer to the States of the United States of America, individually and collectively, and where relevant, to State governments, including units of local government and other political subdivisions established by the States.
Igartua v. United States, 654 F.3d 99 (1st Cir. 2011)
Judges Torruella, Lipez and Thompson dissenting
Igartua v. United States, 626 F.3d 592 at 624-628 (1st Cir. 2010)
Judge Torruella dissenting in part
Hurtado v. U.S. Attorney General, 401 Fed. Appx. 453 (2010)
Medellin v. Texas, 552 U.S. 491 (2008), Breyer dissenting
Roach v. Quarterman, 220 Fed. Appx. 270 (5th Cir. 2007)
Sosa v. Alvarez-Machain, 542 U.S. 692 (2004), footnote 2
Beazley v. Johnson, 242 F.3d 248 (5th Cir. 2001)
United States v. Stuart, 489 U.S. 353, 375 (1989)
Justice Scalia concurring
Robertson v. General Electric Co., 32 F.2d 495 (4th Cir. 1929)
138 Cong. Rec. S4783-84 (statement of presiding officer of resolution of ratification)
Relator also wishes to edify this honorable Court with the results of recent research identifying the several Federal statutes where the famous trio “constitution, laws, or treaties” occurs, and which continue to have legal force and effect:
25 U.S.C. 415 Leases of restricted lands
416a Lease provisions
28 U.S.C. 1257 State courts; certiorari
1258 Supreme Court of Puerto Rico; certiorari
1260 Supreme Court of the Virgin Islands; certiorari
1331 Federal question
1441 Removal of civil actions
1505 Indian claims
2241 Power to grant writ
2254 State custody; remedies in Federal courts
48 U.S.C. 1424-3 Appellate jurisdiction of District Court
1613a Appellate jurisdiction of District Court
1823 Appellate jurisdiction of District Court
1824 Relations between courts of United States and
courts of the Northern Mariana Islands
A similar list of statutes can be found by locating similar phrases which replace “laws” with the word “statutes” [cites omitted].
INCORPORATION OF ATTACHMENTS
Relator now attaches his “NOTICE OF INTENT to Justice Scalia (S.Ct.)” dated 10/13/2014, his “Addendum to NOTICE OF INTENT to Scalia, J.” dated 10/14/2014, and his “Rebuttal to Linda Sanders, Warden” dated 10/15/2014, and incorporates same by reference as if set forth fully here.
All premises having been duly considered, the United States ex rel. Paul Andrew Mitchell, B.A., M.S., respectfully requests his honorable United States District Court to issue ten (10) interlocutory judgments declaring as a matter of law each of the Ten Main Points itemized above, thus creating specific remedies that will remain binding upon all Proper Parties for the duration of the instant case(s) and for purposes including but not limited to clarifying their respective legal relations.
Thank you very much for your continuing professional consideration.
PROOF OF SERVICE
I, Paul Andrew Mitchell, B.A., M.S., hereby verify under penalty of perjury, under the laws of the United States of America pursuant to 28 U.S.C. 1746(1), that I caused the following document(s) to be mailed, with sufficient postage affixed, from the Mail Room at the U.S. Medical Center for Federal Prisoners in Springfield, Missouri, USA:
NOTICE OF MOTION AND MOTION FOR
INTERLOCUTORY JUDGMENTS: 28 U.S.C. 2201
to the following addressee(s):
Office of Clerk of Court annotated “LEGAL MAIL”, “Special Mail”
400 East 9th Street, Room 1510
Kansas City 64106
Signed: /s/ Paul Mitchell
Printed: Paul Andrew Mitchell, B.A., M.S.
Relator In Propria Persona (initially)