Paul Andrew Mitchell, B.A., M.S.
Private Attorney General
c/o 40960 California Oaks Road
Box 281
Murrieta 92562
CALIFORNIA, USA
All Rights Reserved
without Prejudice
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
WESTERN DIVISION
UNITED STATES OF AMERICA, ) Case No. CR 02-00372 DDP
)
Plaintiffs, ) (in legislative mode)
v. )
)
LYNNE MEREDITH, )
aka Lynne Meridith, )
aka Lynn Meridith, et al., )
)
Defendants. )
---------------------------------)
) NOTICE OF MOTION AND
United States ) MOTION FOR RECONSIDERATION
ex relatione ) OF ORDER DATED 4-30-02:
Paul Andrew Mitchell, )
) 28 U.S.C. 1746, 2403(a).
Movant. )
_________________________________)
COMES NOW the United States (hereinafter “Movant”) ex relatione Paul Andrew Mitchell, Citizen of ONE OF the United States of America and Private Attorney General (hereinafter “Relator”) respectfully to request reconsideration of this Court’s order styled ORDER DENYING MOTION FOR INTERVENTION OF RIGHT, issued in error on April 30, 2002.
Movant now itemizes the following meritorious reasons for this Court to vacate the ORDER supra with all deliberate speed, and to correct without unnecessary delay(s) the several demonstrable errors found in same, to wit:
In the very first sentence of Movant’s MOTION FOR INTERVENTION OF RIGHT (“INTERVENTION MOTION”), the United States is identified as the Movant, and Paul Andrew Mitchell is identified as the Relator.
This Court erred by mis-identifying Paul Andrew Mitchell as the Movant. Paul Andrew Mitchell is the Relator, not the Movant.
The Movant is the United States, appearing ex relatione.
Congress has conferred upon Movant the conditional right to intervene, provided that the constitutionality of an Act of Congress affecting the public interest has been drawn in question.
The federal statute at 28 U.S.C. 2403(a) clearly states that the court shall certify this fact to the U.S. Attorney General and shall permit the United States to intervene.
If the decision were a matter for this Court’s discretion, then the statutory language would need to have stated that the court may permit the United States to intervene or not intervene, at the court’s discretion (or language to that very same effect).
Compare Rules 201(c) and (d) of the Federal Rules of Evidence. 201(c) is discretionary (“may”); 201(d) is mandatory (“shall”).
In this context, the term “shall” is mandatory and imperative.
THE PLAINTIFFS
ARE NOT THE UNITED STATES
The Court makes its most serious error by stating, “In the instant case, the United States is the Plaintiff.”
The caption on the ORDER in question clearly shows the UNITED STATES OF AMERICA as the “Plaintiff” [sic]. This is both a grammatical error, and a jurisdictional error.
Movant’s INTERVENTION MOTION fully documents the all important distinction between the “United States” and the “United States of America.” They are decidedly not one and the same.
The United States is the federal government, domiciled in the District of Columbia. The term “United States” is a singular noun.
The United States of America are the 50 States which are united by, and under, the Constitution for the United States of America, as lawfully amended (hereinafter “U.S. Constitution”). The term “United States of America” is a plural, collective noun.
Congress is decidedly prohibited from re-defining any terms used in the U.S. Constitution. See Eisner v. Macomber, 252 U.S. 189 (1920) as correctly cited in Movant’s INTERVENTION MOTION (Page 3 of 14).
The term “United States” figures prominently throughout the U.S. Constitution. See the Guarantee Clause, in chief.
The term “United States of America” is used in the Preamble, in Article II, Section 1, Clause 1, and in Article VII.
The United States has been granted standing to sue at 28 U.S.C. 1345 (United States as plaintiff), and the United States has been granted standing to be sued at 28 U.S.C. 1346 (United States as defendant). The United States of America have not been granted standing to sue or be sued as such by any known Act of Congress.
THE COURT
NEGLECTED A CRUCIAL AUTHORITY
Movant correctly and timely cited the holding of the U.S. Supreme Court in United States ex rel. Toth v. Quarles, 350 U.S. 11 (1955).
The relator in that case successfully moved the U.S. Supreme Court on behalf of the United States, in order to bar the military court‑marshal of an honorably discharged U.S. Air Force veteran.
Thus, this Court committed a plain error by stating, “The Court is not aware of any authority, nor has the movant cited to any, allowing him to intervene as of right pursuant to 28 U.S.C. 2403(a).” [emphasis added]
Negligence is the only apparent reason why this Court would not have been aware of Toth supra.
The dissent in Toth is also quite pertinent to the issue of removals. See 28 U.S.C. 1441(c), as cited by Defendant Giordano in Her APPLICATION FOR WARRANT OF REMOVAL as recently submitted to the District Court of the United States, Central Judicial District of California, Southern Division, docket number #SA CV 02-0382 GLT(ANx).
The People of America do not pay federal judges a handsome salary and benefits, only to see those judges ignore decisions of the U.S. Supreme Court. Those decisions are binding on this honorable Court.
PLAINTIFFS
HAVE FAILED TO PROSECUTE
MOOTING THIS
COURT’S LOCAL RULE 7-3
Duly authorized attorneys general for the United States of America (read “50 States”) have failed to prosecute the instant case. None has made any proper appearance(s) to date.
On the contrary, the U.S. Attorneys whose names do appear in the record of the instant case are demonstrably in violation of the McDade Act at 28 U.S.C. 530B, for willful misrepresentation of the United States of America. See Defendant Giordano’s APPLICATION FOR ORDER TO SHOW CAUSE, executed on April 19, 2002 A.D.
Said U.S. Attorneys are not authorized by any constitutional provision(s), or by any federal statute(s), to represent the United States of America as such, whether separately or collectively.
Thus, it was not proper for Relator to schedule any pre-motion conference(s) with said U.S. Attorneys, because the latter have no power(s) of attorney to represent the named Plaintiffs supra. Nor is it even practical to schedule any pre-motion conference(s) with all 50 attorneys general of the United States of America.
Lex non cogit impossibilia. (The Law cannot compel the doing of impossibilities.) Reductio ad absurdum.
REMEDY REQUESTED
All premises having been duly considered, Relator
now moves this honorable Court, on behalf of the United States, to
vacate the ORDER DENYING MOTION FOR INTERVENTION OF RIGHT, and to perform its
mandatory duties under 28 U.S.C. 2403(a), to wit:
(1) to certify to the Office of the U.S. Attorney General that the constitutionality of the Act of June 25, 1948, 62 Stat. 869 et seq., has been drawn into question; and,
(2) to certify Movant’s (not Relator’s) intervention for presentation of all evidence admissible in the above entitled cases, and for argument(s) on the question of the constitutionality of said Act of Congress.
Thank you for your professional consideration.
VERIFICATION
I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), that the above statement of facts and laws 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). See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land).
Dated: May 16, 2002 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney General
I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (federal government), 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(s):
NOTICE
OF MOTION AND
MOTION
FOR RECONSIDERATION
OF
ORDER DATED 4-30-02:
28 U.S.C. 1746, 2403(a)
by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:
Clerk of Court (3x)
United States District Court
Central District of California
Western Division
312 North Spring Street, Suite G-8
Los Angeles 90012-4797
CALIFORNIA, USA
JOHN S. GORDON Judge Alex Kozinski (supervising)
RONALD L. CHENG Ninth Circuit Court of Appeals
LAWRENCE S. MIDDLETON P.O. Box 91510
ALICIA VILLARREAL Pasadena 91109-1510
U.S. Department of Justice CALIFORNIA, USA
1300 United States Courthouse
312 North Spring Street
Los Angeles 90012
CALIFORNIA, USA
[See USPS Publication #221 for addressing instructions.]
Dated: May 16, 2002 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney General