NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS
TO: Mary L. Moran
dba Acting Clerk of Court
United States Courthouse
1000 S.W. Third Avenue
Portland 97204-2902
OREGON, USA
FROM: Alan C. Maxwell, Sui Juris
c/o 572 West 440 South
Orem 84058
UTAH, USA
DATE: July 30, 2009 A.D.
SUBJECT: APPOINTMENT AFFIDAVIT required by 5 U.S.C. §§ 2906, 3331;
In Re Grand Jury Application, 617 F.Supp. 199 (SDNY 1985)
Greetings Mary L. Moran:
The federal statute at 5 U.S.C. 2906 reads as follows:
The oath of office taken by an
individual under section 3331 of this title shall be delivered by him to,
and preserved by, the House of Congress, agency, or court to which
the office pertains.
[emphasis added]
As of October 1, 2004 A.D., a proper SUBPOENA IN A CIVIL CASE was overdue for your OATH OF OFFICE and APPOINTMENT AFFIDAVIT.
We now infer that 28 U.S.C. 951 (re: Clerks’ duties) and § 2906 supra result in rendering you a material witness to either the existence, or absence, of the OPM Form 61 APPOINTMENT AFFIDAVIT mandated by the federal statute at 5 U.S.C. 3331 and the OATH OF OFFICE mandated by the federal statute at § 951.
DEMAND FOR SPECIFIC PERFORMANCE AND DEADLINE
Accordingly, formal DEMAND is hereby made of you to locate, photocopy and transmit a true and correct copy of your APPOINTMENT AFFIDAVIT and OATH OF OFFICE supra to the mailing location shown above no later than 5:00 p.m. on Monday, August 3, 2009 A.D. (see also SASE enclosed).
Because time is now of the essence, enclosed
please find a self-addressed and stamped flat rate Priority U.S. Mail envelope,
with sufficient postage stamps affixed to cover Delivery Confirmation. The two (2) credentials in question must be
transmitted via the enclosed SASE which must
be postmarked no later than August 3, 2009 A.D.
Beyond that reasonable deadline, your silence
will activate estoppel pursuant to Carmine v.
Bowen, and it will also constitute fraud pursuant to U.S. v. Tweel. See also
18 U.S.C. 912, 1341, 1961 et seq.
Thank you for your timely professional cooperation.
Sincerely yours,
/s/ Alan C. Maxwell
Alan C. Maxwell, Sui Juris, Citizen of Utah
(expressly
not a “federal citizen”)
All
Rights Reserved without Prejudice (cf. UCC 1-308)
Courtesy Copies:
Mrs. Bonnie B. Maxwell
c/o 572 West 440 South
Orem 84058
UTAH, USA
Kent S. Robinson
c/o Office of the U.S.
Attorney
1000 S.W. Third Avenue, Suite 600
Portland 97204-2902
OREGON, USA
Melody Berkheiser
c/o Office of the U.S.
Attorney
1000 S.W. Third Avenue, Suite 600
Portland 97204-2902
ORGON, USA
Samantha Brunick
c/o Office of the U.S.
Attorney
1000 S.W. Third Avenue, Suite 600
Portland 97204-2902
ORGON, USA
Lauren Cargill
c/o Office of the U.S.
Attorney
1000 S.W. Third Avenue, Suite 600
Portland 97204-2902
ORGON, USA
Foreperson
Federal Grand Jury
United States Courthouse
1000 S.W. Third Avenue, 3rd Floor,
Room 311
Portland 97204-2902
OREGON, USA
(N.B.: Please see 18 U.S.C. 1504: “Nothing in this section shall be construed
to prohibit the communication of a request to appear before the grand jury.”)
Attachments: copy of
SUBPOENA TO TESTIFY BEFORE A GRAND JURY, AO 110 (Rev. 01/09) OREGON VERSION [sic], P-09-0924, bearing your signature dba “Acting Clerk of Court”; authorities re: 28 U.S.C. 1691