FORMAL NOTICE AND DEMAND
TO: Wally Edgell, Ph.D.
United States District Court
P.O. Box 471
Wheeling, West Virginia state
Postal Zone 26003/tdc
FROM: Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law
DATE: December 21, 1996
SUBJECT: FOIA Request for Your Credentials
FORMAL NOTICE
Thank you for your letter dated December 17, 1996, concerning Our
FOIA request for your credentials, and those of two of your
employees.
The blanket FOIA exemption for the federal judiciary is
unconstitutional for being overly broad, in violation of the
First Amendment, the original Thirteenth Amendment, and Article
VI, Clause 3 (Oath of Office) in the Constitution for the United
States of America, as lawfully amended ("U.S. Constitution").
Taken together, these provisions bar federal officers and
employees from exercising privileges which are not specifically
enumerated in the U.S. Constitution. The FOIA cannot be used to
prevent discovery and disclosure of the requisite proof of your
authority (if any) to exercise the powers of the office you claim
to occupy.
We will, however, stipulate that you have a fundamental Right to
protect the privacy of your signature, for example, to prevent
forgeries. The Appointment Affidavits we have already received
from other federal officers have, at times, come with the
signature redacted. This is acceptable to Us.
DEMAND
Please regard this memo as a formal Notice and Demand for
immediate production of the oaths of office required of you, and
your employees, by Article VI, Clause, 3, and by 28 U.S.C. 951:
Oath of office of clerks and deputies. See Supremacy Clause.
NOTICE OF DEADLINE
If you do not produce and serve upon Me certified and admissible
copies of these required oaths of office no later than 5:00 p.m.
on Tuesday, December 31, 1996, We will be entitled to proceed on
the basis of the conclusive presumption that you (and they) have
not executed the requisite oaths of office, and that you do not
lawfully occupy the office(s) you now claim to hold. Silence
creates estoppel by acquiescence. See Carmine v. Bowen.
Sincerely yours,
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell, #1776
Tucson, Arizona state
Postal Zone 85719/tdc
email: supremelawfirm@altavista.net
website: http://supremelaw.com
copies: Disclosure Officer
Administrative Office of the U.S. Courts
One Columbus Circle, N.E.
Washington, D.C.
James E. Seibert
U.S. District Court
c/o P.O. Box 471
Wheeling, West Virginia state
Frederick P. Stamp, Jr.
U.S. District Court
c/o P.O. Box 471
Wheeling, West Virginia state
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U.S.A. v. Looker