Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell, #1776
Tucson, Arizona state, USA
zip code exempt (formerly DMM 122.32)
Under Protest and by Special Visitation
with explicit reservation of all rights
UNITED STATES DISTRICT COURT
JUDICIAL DISTRICT OF ARIZONA
IN RE GRAND JURY SUBPOENA ) Case No. GJ-95-1-6 (JMR)
SERVED ON )
NEW LIFE HEALTH CENTER COMPANY ) NOTICE OF FREEDOM OF
) INFORMATION ACT (FOIA)
) APPEAL RESPONSE BY IRS
) DISCLOSURE OFFICER,
) NOTICE OF PROBABLE FRAUD, AND
) MOTION FOR DECLARATORY
) JUDGMENT: 28 U.S.C. 2201,
) Full Faith and Credit Clause
_______________________________)
NOTICE
Formal Notice is hereby given to all interested parties, and
formal Judicial Notice is hereby requested, of the Freedom of
Information Act Appeal response, dated June 11, 1996, from E. J.
Perry, Disclosure Officer, "Internal Revenue Service," 210 E.
Earll, Phoenix, Arizona state. A true and correct copy of this
Response is attached hereto and incorporated by reference as if
set forth fully herein. On the page of this Response headed
APPOINTMENT AFFIDAVITS, "Evangelina A. Cardenas" is appointed to
the position of "Tax Technician (Tax Auditor)"; date of
appointment is shown as "05-26-87". Signatures have been
redacted for purposes of personal privacy. (See attached.)
Notice of FOIA Response, Fraud, Motion for Declaratory Judgment:
Page 1 of 5
NOTICE OF PROBABLE FRAUD
On behalf of the Company, Counsel hereby makes this formal
objection, and hereby alleges probable fraud, because the
original SUBPOENA TO TESTIFY BEFORE GRAND JURY, which is the
subject matter of the instant case, shows the following
phraseology on the face of said SUBPOENA:
SA Cardenas, IRS
Unless proven otherwise by competent testimony, given under
penalty of perjury, Counsel presumes, on behalf of the Company,
that the nomenclature "SA Cardenas, IRS" refers specifically to
the position of "Special Agent for the Internal Revenue Service."
This is not the position to which Ms. Cardenas has been
appointed, as evidenced by the attached APPOINTMENT AFFIDAVIT.
Accordingly, to represent herself as a "Special Agent" on a Grand
Jury Subpoena is to commit a fraud upon this honorable Court, and
also upon Dr. Eugene A. Burns, General Manager of the Company,
and upon all of its officers, co-workers and Trustee(s).
Furthermore, evidence now filed in the official record of
the instant case provides conclusive proof that the OATH OF
OFFICE executed by Ms. Evangelina A. Cardenas (hereinafter
"Cardenas"), as evidenced on her APPOINTMENT AFFIDAVIT, bound her
to support and defend the wrong Constitution of the United States
(hereinafter "wrong constitution").
At the very least, conclusive evidence now on record in the
instant case proves that:
(1) the original 13th Amendment was not reflected in printed
copies of the wrong constitution which were available to Cardenas
in 1987 at federal depository libraries or in published law books
upon which this honorable Court has relied since then for
conclusive evidence of the Law;
Notice of FOIA Response, Fraud, Motion for Declaratory Judgment:
Page 2 of 5
(2) the so-called 14th Amendment was never properly approved
and adopted, on authority of unrebutted facts as stated in two
(2) decisions of the Utah Supreme Court published in 1968 and
1975; see Dyett v. Turner, 439 P.2d 266, 270 (1968), State v.
Phillips, 540 P.2d 936, 941 (1975); and
(3) the so-called 16th Amendment was never properly approved
and adopted, on authority of an estoppel activated by the total
silence of Respondent and U.S. Senator-elect Barbara Boxer in the
case of People v. Boxer, California Supreme Court case number
S-030016, dated December 1992. See Full Faith and Credit Clause.
Counsel submits that Cardenas is now engaged in the wrong
contract with the People of the United States of America, by
virtue of her faulty Oath of Office as evidenced by the attached
APPOINTMENT AFFIDAVIT, and that she has committed a fraud upon
the Company and upon this Court by reason of the false and
misrepresentative nomenclature of "SA" which is exhibited next to
her name on the Grand Jury Subpoena which is the subject matter
of the instant case.
Silence is a fraud and creates estoppel by acquiescence,
particularly when the Oath of Office to "support and defend the
Constitution of the United States against all enemies, foreign
and domestic", creates a legal and a moral duty to speak. See
U.S. v. Tweel, 550 F.2d 297, 299 (1977) quoting U.S. v. Prudden,
424 F.2d 1021, 1032 (1970); Carmine v. Bowen, 64 A. 932 (1906)
Counsel reserves the Company's fundamental Right to switch
this honorable Court into Equity for the sole purpose of
determining the exact provisions of the wrong constitution which
Cardenas swore to uphold. Such a contract should now be in
evidence, because the Constitution for the United States of
America, as lawfully amended ("U.S. Constitution") is the
controlling supreme Law in the instant case.
Notice of FOIA Response, Fraud, Motion for Declaratory Judgment:
Page 3 of 5
VERIFICATION
I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona
state and Vice President for Legal Affairs of New Life Health
Center Company ("the Company") hereby certify, 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).
RELIEF SOUGHT
Wherefore, on behalf of the Company, Counsel hereby
respectfully petitions this honorable Court for a Declaratory
Judgment that the credentials of Evangelina A. Cardenas now in
evidence do not exhibit 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
relied for conclusive evidence of the Law, then as now.
Respectfully submitted on June 13, 1996
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state and Counsel of Record
All Rights Reserved without Prejudice
Notice of FOIA Response, Fraud, Motion for Declaratory Judgment:
Page 4 of 5
PROOF OF SERVICE
I, Linda H. Burns, do 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, that I am not a Party to
the instant case, and that I personally served the following
document(s):
NOTICE OF FOIA RESPONSE
BY IRS DISCLOSURE OFFICER,
NOTICE OF PROBABLE FRAUD, AND
MOTION FOR DECLARATORY JUDGMENT
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 13, 1996
/s/ Linda Burns
________________________________________
Linda H. Burns, Citizen of Arizona state
All Rights Reserved without Prejudice
Notice of FOIA Response, Fraud, Motion for Declaratory Judgment:
Page 5 of 5
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In Re Grand Jury Subpoena