Constitutional Questions in re: GJ Subpoena to NLHC by Paul Andrew Mitchell (all rights reserved) Introduction by Bill Van Mastrigt Challenge to the jurisdiction of the court may also be effected by challenging the constitutionality of the process, rather than implicating the involvement of admiralty jurisdiction and challenging it directly. After all, we are talking strictly in terms of constitutional issues. Anything less than that is really not relevant and may even be damaging to one's cause. Though at some point the latter method may yield fruit, it will be nigh impossible to get any court to admit it is operating under the cloak of a foreign jurisdiction. The object for success is target acquisition and holding, i.e., identifying the major issue, remaining on point, never deviating from that point and never allowing the court to deviate from that point. BillvM We have already put the following challenges on the table, in formal pleadings submitted to the Clerk, to the judge, and to the Grand Jury, in addition to serving copies of everything on the Postmaster, the Attorney General, the Solicitor General, the IRS, the local Assistant U.S. Attorney, and a supervisory judge on the Ninth Circuit Court of Appeals, to wit: 1. grand jury selection statutes are unconstitutional for excluding Citizens of the freely associated compact states who are not also citizens of the United States, citing State v. Fowler and Gardina v. Board of Registrars (confer in "The Federal Zone"); 28 U.S.C. 297; voter registration affidavits. 2. "illegal tax protestor" statutes, regulations, rules, policies, practices, and procedures are unconstitutional for violating the First Amendment Rights to freedom of speech and to petition government for redress of grievances. 3. fundamental Right to choose Representatives every two years has been infringed by voter registration affidavits requiring a statement that affiant is a "U.S. Citizen" before being eligible to vote, see Article 1, Section 2, Clause 1. 4. Downes v. Bidwell is unconstitutional holding per Harlan's eloquent and prescient dissent, on grounds that two classes of geographic jurisdiction deny equal protection, also citing Hooven and Allison v. Evatt (1945). 5. FOIA exemption for Judiciary is unconstitutional for violating intent and proper construction of the original 13th Amendment, barring licensed attorneys from serving in state and federal offices, see 5 U.S.C. 551, 13th Amendment. 6. "Internal Revenue Service" is an illegal trust #62 domiciled in Puerto Rico under color of the Federal Alcohol Administration which was declared unconstitutional in 1935 7. Petitioner has been denied his fundamental Right to a trial by jury to obtain declaratory relief under FRCP Rules 38 and 39 as to: (a) whether or not the Company and its General Manager are guilty of contempt of Court in the instant case, given the entirety of evidence now on file in the instant case; (b) whether or not certain named and unnamed individuals in the "Internal Revenue Service", the "Department of the Treasury", and/or the United States Department of Justice have participated in a conspiracy of multiple crimes, including but not limited to fraud, mail fraud, obstruction of justice, jury tampering, perjury, extortion, barratry, and contempt of court, in order to destroy the Company's business and to destroy the reputations of its officers, co-workers and Trustee(s); (c) whether or not evidence is sufficient to sustain legal conclusions that the so-called Fourteenth, Sixteenth, and Seventeenth Amendments to the Constitution for the United States of America, as lawfully amended, were never properly approved and adopted, and that the original Thirteenth Amendment was properly approved and adopted, according to the provisions of Article V of said Constitution; (d) whether or not certain named individuals associated with the instant case have proper credentials to be exercising the powers and authorities of the office(s) they claim to occupy and, if not, whether or not official action should be initiated to oust them from said offices by the Attorney General of Arizona state by filing a petition with a court of competent jurisdiction for a Writ of Quo Warranto against all such individuals; (e) whether or not the pleadings filed by Counsel separately, and by Counsel and Dr. Burns together, should be stricken from the official record of the instant case, in light of the material evidence which they contain of gross prosecutorial and gross judicial misconduct, including but not limited to fraud, mail fraud, jury tampering, obstruction of justice, contempt of court, barratry, perjury, and practice of law from the bench, all in violation of applicable statutes in Titles 18 and 28, and in light of the fundamental Law in these united States of America. 8. Petitioner is entitled by Right to a declaratory judgment as to whether or not the credentials of Evangelina A. Cardenas now in evidence do exhibit proper authority to act as a Special Agent for the "Internal Revenue Service" and that her Oath of Office now in evidence did bind her to support and defend a version of the U.S. Constitution which was, at the time when Ms. Cardenas executed said Oath, incorrectly published in federal depository libraries and in the official law books upon which this Court has relied for conclusive evidence of the Law, then as now. 9. District Court ousted itself of jurisdiction when it denied Dr. Burns the effective assistance of his Counsel of Choice, Paul Andrew Mitchell, B.A., M.S., Citizen of Arizona state, Federal Witness, and Vice President for Legal Affairs of New Life Health Center Company, an Unincorporated Business Trust domiciled in the Arizona Republic. 10. The "United States of America" have no standing to bring the instant action in the first instance, because the District Court has a subject matter jurisdiction which is circumscribed by legislative grants of power, none of which evidence any grant to the several Union States to bring said action, and none of which states has brought said action, because their respective Attorneys General have filed absolutely no pleadings in this case. The "United States" is a singular noun with a meaning which is distinct, and different, from the plural noun "United States of America." 11. The authorizations required at IRC 7401 have not been entered into the record, because the AUSA has failed to produce evidence of his oath of office, delegation of authority, license to practice law in the State of Arizona, and fidelity bond, and because the agent of the "Internal Revenue Service" has never been a "SA" (Special Agent), which nomenclature appears on the original grand jury subpoena, as evidenced by her Appointment Affidavit which was provided in response to a Freedom of Information Act request and appeal properly submitted to said IRS agent. 12. We have reserved our Right to attack the validity of 7401, in the first instance, because it falls within subtitle F, and the provisions of subtitle F shall not take effect until the day after the date of enactment of the Title (26 U.S.C.). See IRC 7851(a)(6)(A). Title 26, as such, has never been enacted into law and is only prima facie evidence of the Internal Revenue Code ("IRC"). 13. We have reserved our fundamental Right to attack 7851 for being void for vagueness, because it refers to itself and, as such, creates confusion even among People educated in the construction and meaning of federal law; the members of a grand and trial jury should be excused if they cannot understand this statute, because they are required to know and understand plain English, and 7851 is plain English, unlike many other statutes within the IRC. 14. The Trust enjoys the same Rights, Privileges and Immunities as all Citizens in the several States, because it was formed by their fundamental Right to enter and exit contracts, under the Tenth Amendment and the Privileges and Immunities clause. 15. The fundamental Right to enjoy Counsel of Choice is infringed by the Arizona Supreme Court rule restricting non- bar members from pleading, because provisions in the Administrative Procedures Act allow non-licensed Counsel to represent clients before administrative agencies of the United States, and the Supremacy Clause overrides conflicting state laws on this point; application of this holding should be extended to the judiciary also to maintain equal protection of the laws, and to maintain separation of powers, both of which are principles upon which the Constitution was founded. There is more. That's all I can recall from memory. # # #
Return to Table of Contents for
In Re Grand Jury Subpoena