Paul Andrew, Mitchell, B.A., M.S.
Vice President for Legal Affairs
New Life Health Center Company
An Unincorporated Business Trust
c/o 2509 N. Campbell, #1776
Tucson, Arizona state
zip code exempt
Under Protest and by Special Visitation
On behalf of the Trust
UNITED STATES DISTRICT COURT
DISTRICT OF ARIZONA
IN RE GRAND JURY SUBPOENA ) Case No. GJ-95-1-6
SERVED ON )
NEW LIFE HEALTH CENTER COMPANY ) AFFIDAVIT OF CAUSES AND
)
) OBJECTIONS TO O.S.C. AND
)
) REQUEST FOR JUDICIAL NOTICE:
)
) Federal Rules of Evidence,
) 201(d); 18 U.S.C. 4, 5, 7
________________________________)
COMES NOW Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona
state (hereinafter "Counsel") and Vice President for Legal
Affairs of New Life Health Center Company, an Unincorporated
Business Trust domiciled in the Arizona Republic (hereinafter
"the Trust") to submit this Affidavit of Causes and Objections,
prepared on behalf of the Trust, which is domiciled in the
Arizona Republic, outside the jurisdiction of the United States,
explaining why said Trust should not be found in contempt for
allegedly failing to "appear" at the grand jury on March 27,
1996, at 9:10 a.m., as directed by the alleged grand jury
subpoena allegedly served on March 7, 1996, and to request
mandatory judicial notice of said Affidavit.
Affidavit of Causes and Objections to OSC:
Page 1 of 15
1. The service of said subpoena was defective because the
Trust is domiciled outside the jurisdiction of the United States.
Said subpoena was refused for cause without dishonor, pursuant to
the Uniform Commercial Code ("U.C.C.") Section 3-501, on the
twenty-first day of the third month of the year one thousand nine
hundred ninety-six Anno Domini, see attached EXHIBIT "A".
2. The reasons for said Refusal for Cause without Dishonor
were documented, in part, in a letter, with attachments,
addressed to the Grand Jury Foreperson In re: New Life Health
Center Company, dated March 20, 1996, and mailed via Registered
United States Mail, Return Receipt Requested and Restricted
Delivery Requested, Registered U.S. Mail No. R-591-643-753
(hereinafter "Registered letter"). Said letter is incorporated
by reference as if set forth fully in EXHIBIT "B".
3. United States Postal Service PS Form 3811, "Domestic
Return Receipt," was returned without any signature, and the
spaces for "Addressee's Address" and "Received By:" were left
blank, despite the fact that Counsel had paid an extra fee for
"Restricted Delivery" and "Return Receipt" services. Said
returned PS Form 3811 indicated that the Registered letter had
been delivered on "3-22-96", see EXHIBIT "C".
4. When asked why said PS Form 3811 did not show any
recipient's signature, a counter clerk of the United States
Postal Service completed two (2) separate PS Forms 3811-A,
REQUEST FOR RETURN RECEIPT, on two separate occasions. The first
such request, mailed on April 2, 1996, and delivered on April 5,
1996, indicated that the original Registered letter had been
delivered on "3-25-96". The second such request, mailed on April
17, 1996, and delivered on April 18, 1996, indicated: "no record
found but cleared reg. rm 3/28". The Trust took careful note of
the obvious discrepancies among the three (3) different delivery
dates, to wit: 3-22-96, 3-25-96, and 3/28, the latter being the
date the Registered letter "cleared reg. rm" [sic]. See EXHIBIT
"C".
Affidavit of Causes and Objections to OSC:
Page 2 of 15
5. Even though the Trust paid in full for the best and
most secure method of posting United States mail, said
discrepancies and the absence of any recipient's signatures have
given the Trust reason to believe that said Registered letter was
intercepted and/or diverted by "United States Attorney JANET
NAPOLITANO" and/or "Assistant U.S. Attorney Robert L. Miskell",
in a knowing, intentional, and voluntary violation of federal
law. The Trust has since determined that the grand jury
Foreperson, to whom the Registered letter was addressed, had not
completed a United States Postal Service PS Form 3801: Standing
Delivery Order, authorizing one or more agent(s) to receive
registered, certified, insured, c.o.d., express mail, and special
delivery mail addressed to or in care of the grand jury
Foreperson. This Court will please take mandatory judicial
notice that said PS Form 3801 contains the following qualifying
language on its face, to wit:
Where RESTRICTED DELIVERY MAIL is to be included, the
statement "This authorization is extended to include
RESTRICTED DELIVERY MAIL" must be entered on the delivery
order by the person signing it. This notation is to be made
on the part of the form for signatures of authorized agent.
NOTE: Unknown signatures must be identified.
[See EXHIBIT "C"]
Affidavit of Causes and Objections to OSC:
Page 3 of 15
6. The Trust has empirical evidence proving that alleged
agents of the United States, specifically "United States
Attorney" Robert A. Johnson, has proceeded against the Trust with
the stated purpose of putting the Trust out of business, in order
to make an example of it. The AFFIDAVIT of Managing Director
Eugene A. Burns, D.C., N.D., is attached hereto and incorporated
by reference as if set forth fully as EXHIBIT "D". Paragraph 6
of said AFFIDAVIT contains the following quotation of Mr. Robert
Johnson, to wit:
This is not an issue of money (Dr. Burns), this is a power
issue. We intend on putting you and your Company out of
business to make you an example.
[See Exhibit "D"]
Because it believes that alleged agents of the United States
recently diverted Registered United States mail, in violation of
federal law, and because it believes that alleged agents of the
United States have, at least since March of 1981, stated their
intentions to destroy the Trust's business in order to "make an
example" of it, and because of a multitude of events and
discoveries which workers at the Trust have witnessed in the
intervening period of time, the Trust now firmly believes that
alleged agents of the United States have demonstrated a pattern
of criminal conduct which continues right up to the present time.
The Trust, therefore, makes this offer to prove its allegations
of criminal conduct by means of a detailed AFFIDAVIT OF PROBABLE
CAUSE, which is currently in preparation and will require at
least thirty (30) additional calendar days to complete, serve,
and file in the instant case.
7. The Trust has researched relevant case law and
confirmed that the United States can be enjoined to prevent the
destruction of a business which might otherwise occur as a direct
consequence of enforcing the assessment and/or collection of
income taxes upon the Trust. Specifically, the Anti-Injunction
Act cannot be enforced to destroy a business. See John M. Hirst
& Company v. Gentsch, 133 F.2d 247 (6th Cir., 1943), Midwest
Haulers v. Brady, 128 F.2d 496 (6th Cir., 1942), and Long v.
United States, 148 F.Supp. 758 (1957), copies of which are
attached and incorporated by reference as if set forth fully in
EXHIBIT "E".
Affidavit of Causes and Objections to OSC:
Page 4 of 15
8. The Trust has consummated a written non-disclosure
contract with the Managing Director specifically prohibiting said
Managing Director from divulging any Trust information, books and
records or any other property belonging to the Trust to any
person, agency, or government entity. Said non-disclosure
contract is incorporated here by reference as if set forth fully
in EXHIBIT "F". Specifically, said non-disclosure contract
states that the Managing Director will be subject to possible
criminal sanctions imposed by the Trustee of Health International
Corporation, should said Managing Director turn over any of the
aforementioned information pertinent to the Trust without
authorization. The names of Persons mentioned in said contract
have been redacted to protect their fundamental Right to privacy
in this matter. The Trust argues that no agents of the United
States, including but not limited to all United States Attorneys
and this honorable Court, can impair the obligations of this
contract, in direct violation of Article I, Section 10, Clause 1
of the Constitution for the United States of America, as lawfully
amended pursuant to Article V of said Constitution (hereinafter
"U.S. Constitution").
Affidavit of Causes and Objections to OSC:
Page 5 of 15
9. The Trust has never been served with actual Notice,
issued by the de jure Secretary of the Treasury, or by his lawful
Delegate, requiring said Trust to keep books and records in the
first instance. In the absence of such a Notice, properly served
upon the authorized agents for service of process upon the Trust,
the existence of the books and records sought by said subpoena
cannot be proven. The law does not recognize impossibilities.
Lex non cogit impossibilia.
10. The Trust argues from all of the above that the agents
of the United States who brought the instant action petitioned
this honorable Court with unclean hands and with a fraud upon
this Court, among other things by misrepresenting to this Court
that the Trust had failed to "appear" in response to said
subpoena. It is well known that "appearances" can be made in
writing, because an answer constitutes an "appearance." Wieser
v. Richter, 247 Mich. 52, 225 N.W. 542, 543. See the several
definitions of "appearance" in Black's Law Dictionary, Fourth
Edition with Guide to Pronunciation. The Registered letter cited
supra was the Trust's "answer" to said subpoena.
11. The Trust objects, for the record, to the unqualified
use by the United States and any of its agencies, assigns and
instrumentalities, of United States Postal Service ZIP codes
and/or two-letter federal abbreviations for the state Republics
which are united by and under the U.S. Constitution.
12. Counsel places this honorable Court, and all interested
parties in the instant case, on formal Notice of the fact that He
has witnessed original documents, certified by the official State
Archivist of Colorado, proving that the original Thirteenth
Amendment to the U.S. Constitution contains an explicit
prohibition against titles of nobility and honor, and explicit
penalties for their use, to wit:
If any citizen of the United States shall accept, claim,
receive, or retain any title of nobility or honor, or shall,
without the consent of congress, accept and retain any
present, pension, office or emolument of any kind whatever,
from any emperor, king, prince, or foreign power, such
person shall cease to be a citizen of the United States, and
shall be incapable of holding any office of trust or profit
under them, or either of them.
[Thirteenth Amendment]
[emphasis added]
Affidavit of Causes and Objections to OSC:
Page 6 of 15
Counsel concludes therefrom that the Appointment Affidavits of
United States agents associated with the instant case, as
required by 5 U.S.C. 3331, contain an Oath of Office which did
bind them to support and defend a version of the U.S.
Constitution which was, at the time when they executed said Oath,
incorrectly published in federal depository libraries and in the
official law books upon which this Court relied for conclusive
evidence of the Law, then as now.
13. Counsel has also concluded from said Thirteenth
Amendment that the retention of such titles as "Esquire",
"Attorney", and/or "Lawyer", after actual knowledge of said
Amendment has been demonstrated, causes all Persons, and all
persons, retaining such titles to forfeit their Citizenship, and
citizenship, respectively, and to become forever incapable of
holding any public office under the United States, or under any
of the several states united by and under the U.S. Constitution.
Counsel also concludes therefrom that membership in any state bar
association, and/or the American Bar Association ("ABA"), and/or
the International Bar Association, likewise causes such a member
to forfeit his/her Citizenship/citizenship forever and also to
become forever incapable of holding any public office anywhere
within the state or federal governments. Counsel also sincerely
believes that His actual knowledge of the real Thirteenth
Amendment obliges Him to report said Amendment to this honorable
Court as a true and correct provision in the U.S. Constitution,
because to conceal His actual knowledge of said Amendment would
place him in jeopardy of being charged, and possibly convicted,
of misprision of felony, in violation of Section 4 of Title 18,
United States Code, the federal criminal code.
Affidavit of Causes and Objections to OSC:
Page 7 of 15
Counsel hereby certifies, under penalty of perjury, under
the laws of the United States of America, without the "United
States", that the above statements of fact are true and correct,
to the best of My current information, knowledge, and belief, so
help Me God, pursuant to 28 U.S.C. 1746(1).
Executed: twenty-first day of the sixth month of the year
one thousand nine hundred ninety-six Anno Domini
(in the year of Our Lord and Savior Jesus Christ),
/s/ Paul Andrew Mitchell
___________________________________________________
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state and
Vice President for Legal Affairs,
New Life Health Center Company,
An Unincorporated Business Trust
domiciled in the Arizona Republic
Affidavit of Causes and Objections to OSC:
Page 8 of 15
EXHIBIT "A"
Affidavit of Causes and Objections to OSC:
Page 9 of 15
EXHIBIT "B"
Affidavit of Causes and Objections to OSC:
Page 10 of 15
EXHIBIT "C"
Affidavit of Causes and Objections to OSC:
Page 11 of 15
EXHIBIT "D"
Affidavit of Causes and Objections to OSC:
Page 12 of 15
EXHIBIT "E"
Affidavit of Causes and Objections to OSC:
Page 13 of 15
EXHIBIT "F"
Affidavit of Causes and Objections to OSC:
Page 14 of 15
PROOF OF SERVICE
I, Paul Andrew, Mitchell, B.A., M.S., hereby certify, under
penalty of perjury, under the laws of the United States of
America, without the "United States", that I am at least 18 years
of age and a Citizen of one of the United States of America, and
that I personally served the following document(s):
AFFIDAVIT OF CAUSES AND OBJECTIONS TO O.S.C.
AND REQUEST FOR JUDICIAL NOTICE:
Federal Rules of Evidence, 201(d); 18 U.S.C. 4, 5, 7
by placing said document(s) with exhibits in first class United
States Mail, with postage prepaid and properly addressed to the
following individuals:
ROBERT L. MISKELL John M. Roll
Acapulco Building, Suite 8310 U.S. District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona Tucson, Arizona
JANET NAPOLITANO Clerk
Acapulco Building, Suite 8310 U.S. District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona Tucson, Arizona
Grand Jury Foreperson Postmaster
In re: New Life Health Center Co. U.S. Post Office
55 E. Broadway Downtown Station
Tucson, Arizona Tucson, Arizona
Judge Alex Kozinski Evangelina Cardenas
Ninth Circuit Court of Appeals "Internal Revenue Service"
125 S. Grand Avenue, Suite 200 300 West Congress
Pasadena, California Tucson, Arizona
Attorney General Solicitor General
Department of Justice Department of Justice
10th and Constitution, N.W. ! 10th and Constitution, N.W. !
Washington, D.C. Washington, D.C.
Dated: June 21, 1996
/s/ Paul Andrew Mitchell
________________________________________
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state
All Rights Reserved without Prejudice
Affidavit of Causes and Objections to OSC:
Page 15 of 15
# # #
Return to Table of Contents for
In Re Grand Jury Subpoena