Paul Andrew Mitchell, B.A., M.S.
c/o General Delivery
Phillipsville 95559-9999
CALIFORNIA, USA
All Rights Reserved
without Prejudice
UNITED STATES DISTRICT COURT
CENTRAL DISTRICT OF CALIFORNIA
In Re Grand Jury Subpoena ) Certified U.S. Mail Serial
Not Served on Gayle Bybee ) #7000-0520-0017-5479-2607
)
) VERIFIED CRIMINAL COMPLAINT:
___________________________________) 18 U.S.C. 4, 371, 1001, 1962
COMES NOW Paul Andrew Mitchell, Citizen of California, Private Attorney General and qualified Federal Witness (hereinafter “Complainant”), appearing specially before a judge of the United States, pursuant to 18 U.S.C. 4, to report and serve this, His VERIFIED CRIMINAL COMPLAINT against the following named individuals.
Complainant hereby formally charges:
Alicia Villarreal with:
(1) knowingly and willfully using a false writing or document, knowing the same to contain a materially false, fictitious or fraudulent statement or entry, in violation of 18 U.S.C. 1001 (one count); see Exhibit “A”;
(2) conspiring with Andrew Erath to commit the above offense against the United States in order to defraud the United States, and acting to effect the object of the conspiracy, in violation of 18 U.S.C. 371 (one count);
(3) conspiring to engage in a pattern of racketeering activity, in violation of 18 U.S.C. 1962(d) (one count); and,
(4) willfully misrepresenting the United States of America without power of attorney, in violation of 28 U.S.C. 530B (one count).
Andrew Erath with:
(1) knowingly and willfully using a false writing or document, knowing the same to contain a materially false, fictitious or fraudulent statement or entry, in violation of 18 U.S.C. 1001 (one count); see Exhibit “A”;
(2) conspiring with Alicia Villarreal to commit the above offense against the United States in order to defraud the United States, and acting to effect the object of the conspiracy, in violation of 18 U.S.C. 371 (one count); and,
(3) conspiring to engage in a pattern of racketeering activity, in violation of 18 U.S.C. 1962(d) (one count).
AFFIDAVIT
OF PROBABLE CAUSE
On February 25, 2002 A.D., Ms. Gayle Bybee presented Complainant with a document allegedly entitled “SUBPOENA TO TESTIFY BEFORE GRAND JURY” and dated February 14, 2002.
A true and correct copy of said document is attached as Exhibit “A” and incorporated by reference, as if set forth fully herein.
Exhibit “A” makes the following statement: “This subpoena is issued on application of the United States of America.”
Exhibit “A” also bears the word “COPY” in blue ink in the upper right-hand corner.
Exhibit “A” also appears to have been signed by one “SHERRI R. CARTER, CLERK” in all capital letters. However, the signature and text immediately below that signature both appear to have been cut and pasted onto Exhibit “A”.
The straight black line below “SHERRI R. CARTER, CLERK” is not horizontal and rises from left to right on an angle of approximately 3 degrees.
There is no Clerk’s docket number anywhere on Exhibit “A”.
After carefully examining Exhibit “A”, Complainant then recommended that Gayle Bybee and Complainant visit the Clerk of the United States District Court in downtown Los Angeles, California State, in order to request and inspect the original document of which Exhibit “A” is a COPY [sic].
In Complainant’s professional experience, a proper original SUBPOENA must bear the seal of the Clerk of Court. Being a COPY [sic], Exhibit “A” does not bear the original seal of the Clerk of the United States District Court, Central District of California.
In the early afternoon of February 26, 2002 A.D., Gayle Bybee and Complainant visited the federal courthouse in downtown Los Angeles, California State.
We first visited the office of the Clerk of Court at 312 North Spring Street, Los Angeles 90012, CALIFORNIA, USA.
At that office, we were politely assisted by two employees at the Clerk’s public counter.
Those employees informed Complainant and Gayle Bybee that the original document was not in their custody, that to their knowledge there was no docket number or application on file in their office, and that we would need to inquire at the office of one Alicia Villarreal to examine the original of Exhibit “A”.
At that point in time, Gayle Bybee and Complainant went to the thirteenth (13th) floor of the United States Courthouse in downtown Los Angeles, and informed the guard stationed on that floor of our need to see the original of Exhibit “A”.
Complainant handed Exhibit “A” to that guard who then appeared to place a call to the telephone number shown on Exhibit “A”.
The guard then requested that we seat ourselves in the lobby area, and we complied.
Within approximately five (5) minutes, Ms. Alicia Villarreal and Mr. Andrew Erath appeared in the same lobby area.
Complainant witnessed Gayle Bybee request that Alicia Villarreal exhibit the application for said SUBPOENA allegedly filed by the United States of America. Alicia Villarreal responded that we would not be permitted to see any such application.
Complainant also witnessed Gayle Bybee request that Alicia Villarreal exhibit the original document of which Exhibit “A” is a COPY [sic]. Alicia Villarreal responded that we would not be permitted to see any such original document.
Alicia Villarreal also asked Gayle Bybee to identify the Complainant. Gayle Bybee responded by saying, “This is my friend, Paul Mitchell.”
Finally, Complainant witnessed Gayle Bybee request that the gentleman standing next to Alicia Villarreal identify himself. Said gentleman then identified himself as one Andrew Erath.
Andrew Erath is also a named Defendant in a civil lawsuit which Gayle Bybee has previously filed in the Article III District Court of the United States, Central District of California, for violations of Gayle Bybee’s fundamental Rights as guaranteed by the Fourth, Fifth and Ninth Amendments in the Constitution for the United States of America, as lawfully amended (“U.S. Constitution”). See Clerk’s docket number #99‑13100‑FMC(MANx).
Complainant has done extensive litigation in federal and State courts.
Complainant is a qualified Private Attorney General under 18 U.S.C. 1964 and a qualified Federal Witness under 18 U.S.C. 1512 and 1513.
Complainant is required by 18 U.S.C. 4 to report all felony federal offenses that He witnesses to a judge of the United States.
The Honorable Alex Kozinski is a federal judge currently seated on the United States Court of Appeals for the Ninth Circuit, with offices in Pasadena, California State.
Violations of the federal criminal statutes at 18 U.S.C. 371, 1001, and 1962 are felonies.
Exhibit “A” bears evidence of being a fraudulent document, on its face, in part because the Office of the United States Attorney does not have any power(s) of attorney to represent the United States of America (read “50 States”) before United States District Courts, or any other federal courts, for that matter.
The “United States” and the “United States of America” are not one and the same. Both terms are found in the U.S. Constitution.
The U.S. Constitution is the supreme Law of the Land. See Supremacy Clause for constitutional authority.
In the case of Eisner v. Macomber, 252 U.S. 189 (1920), the U.S. Supreme Court held that the Congress of the United States cannot re‑define any terms found in the U.S. Constitution. This decision has never been overturned.
Exhibit “A” also bears evidence of being a fraudulent document, in part because it does not appear to have been issued on application of the United States of America. The evidence available to Complainant, at the present time, appears to indicate that the 50 States of the Union have not submitted any application(s) to the United States District Court, Central District of California, that a SUBPOENA TO TESTIFY BEFORE GRAND JURY be issued and served upon Gayle Bybee.
Exhibit “A” also bears evidence of being a fraudulent document, on its face, in part because the federal Jury Selection and Service Act at 28 U.S.C. 1861 et seq. is unconstitutional for expressly discriminating against the class of Americans known as Citizens of the United States of America. 28 U.S.C. 1865(b)(1).
See the Qualifications Clauses in the U.S. Constitution (the term “United States” in those Clauses means “States united”; the term “Citizen of the United States” in those Clauses means “Citizen of ONE OF the States united”); Pannill v. Roanoke, 252 F. 910, 914 (federal citizens were not even contemplated when Article III was being drafted); and 7 Words and Phrases 281 (1952) (Citizen of State).
To the best of Complainant’s current information, knowledge, and belief, “Andrew Erath” is not a lawfully convened federal grand jury, and “Andrew Erath” is not the properly appointed Foreperson of any lawfully convened federal grand jury.
To the best of Complainant’s current information, knowledge, and belief, “ALICIA VILLARREAL” is not a lawfully convened federal grand jury, and “ALICIA VILLARREAL” is not the properly appointed Foreperson of any lawfully convened federal grand jury, either.
It is Complainant’s professional opinion, therefore, that Gayle Bybee has not been properly served nor presented with a proper and lawful SUBPOENA TO TESTIFY BEFORE GRAND JURY. No PROOF OF SERVICE has been presented to Complainant, to date.
For all of the reasons stated above, Plaintiff believes that sufficient probable cause exists to charge the above named individuals with the federal crimes enumerated above.
This concludes Complainant’s AFFIDAVIT OF PROBABLE CAUSE in the above entitled matter, at the present time.
Complainant reserves His fundamental Right to amend this VERIFIED CRIMINAL COMPLAINT, at times and places of His own choosing.
REQUEST
FOR INVESTIGATION
Complainant hereby invokes the federal criminal statute at 18 U.S.C. 1504, to wit:
Nothing in this section shall be
construed to prohibit the communication of a request to appear before the grand
jury.
Complainant specifically requests a formal investigation by a lawfully convened federal grand jury into the charges made herein.
The Undersigned hereby verifies, 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 information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause in the Constitution for the United States of America, as lawfully amended.
Dated: February 27, 2002 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, B.A., M.S., Complainant,
Private Attorney General, and Federal Witness
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):
VERIFIED CRIMINAL
COMPLAINT:
18 U.S.C. 4, 371, 1001, 1962
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:
Judge Alex Kozinski (supervising) Foreperson
United States Court of Appeals Federal Grand Jury
P.O. Box 91510 312 N. Spring St., #1346
Pasadena 91109-1510 Los Angeles 90012
CALIFORNIA, USA CALIFORNIA, USA
Clerk
of Court Orange County Sheriffs
Attention: Judge Florence‑Marie Cooper Attention:
H. Siegmund
District Court of the United
States 550 N. Flower Street
312
North Spring Street Santa Ana 92703
Los
Angeles 90012 CALIFORNIA, USA
CALIFORNIA, USA
Office of the United States Attorney via fax: (213) 894-6436
United States Courthouse
312 North Spring Street
Los Angeles 90012
CALIFORNIA,
USA
Dated: February 28, 2002 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, B.A., M.S., Complainant,
Private Attorney General, and Federal Witness
All Rights Reserved without Prejudice
SUBPOENA TO TESTIFY
BEFORE GRAND JURY
United States District Court
Central District of California
February 14, 2002
(true and correct photocopy)