Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell, #1776
Tucson, Arizona state
zip code exempt
Under Protest and by Special Visitation
On behalf of the Managing Director
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.
COMES NOW Paul Andrew, Mitchell, B.A., M.S., Counselor at Law and
agent acting under limited authorization to prepare and file this
Affidavit of Causes and Objections, submitted on behalf of the
New Life Health Center Company, an Unincorporated Business Trust
organization domiciled in the Arizona Republic, outside the
jurisdiction of the United States (hereinafter the "Company"),
explaining why said Company 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.
1. The service of said subpoena was defective because the
Company 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".
Affidavit of Causes and Objections to OSC:
Page 1 of 14
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 the Undersigned 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 Company 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".
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5. Even though the Company 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 Company 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 Company is unable to determine, at this point in time,
whether or not the grand jury Foreperson, to whom the Registered
letter was addressed, had 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
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"]
6. The Company has empirical evidence proving that alleged
agents of the United States, specifically "United States
Attorney" Robert Johnson, has proceeded against the Company with
the stated purpose of putting the Company 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"]
Affidavit of Causes and Objections to OSC:
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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 Company's business in order to "make an
example" of it, and because of a multitude of events and
discoveries which workers at the Company have witnessed in the
intervening period of time, the Company 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 Company, 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 Company 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 Company. 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".
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8. The Company has consummated a written non-disclosure
contract with the Managing Director specifically prohibiting said
Managing Director from divulging any Company information, books
and records or any other property belonging to the Company 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 Company without
authorization. The names of Persons mentioned in said contract
have been redacted to protect their fundamental Right to privacy
in this matter. The Company 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.
9. The Company has never been served with actual Notice,
issued by the Secretary of the Treasury, or by his Delegate,
requiring said Company to keep books and records in the first
instance. In the absence of such a Notice, properly served on
the authorized agents for service of process of the Company who
are domiciled outside the jurisdiction of the United States, the
existence of the books and records sought by said subpoena cannot
be proven. The law does not recognize impossibilities. Lex non
cogit impossibilia.
Affidavit of Causes and Objections to OSC:
Page 5 of 14
10. The Company 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 Company 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 Company's "answer" to said subpoena.
11. The Company 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 Constitution for the United
States of America, as lawfully amended pursuant to Article V of
said Constitution.
12. The Undersigned 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 Constitution for the United States of
America contains an explicit prohibition of 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]
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13. The Undersigned has 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 Constitution for
the United States of America, as lawfully amended. The
Undersigned 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. The
Undersigned 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 Constitution for the United States of America, as lawfully
amended, 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
Title 18 United States Code, the federal criminal code.
Affidavit of Causes and Objections to OSC:
Page 7 of 14
The Undersigned hereby certifies, under penalty of perjury,
under the laws of the United States of America, without the
"United States", that the above statements are true and correct,
to the best of His current information, knowledge, and belief,
pursuant to 28 U.S.C. 1746(1).
Executed: twenty-fourth day of the fourth 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.
Counselor at Law and federal witness
Affidavit of Causes and Objections to OSC:
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EXHIBIT "A"
Affidavit of Causes and Objections to OSC:
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EXHIBIT "B"
Affidavit of Causes and Objections to OSC:
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EXHIBIT "C"
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EXHIBIT "D"
Affidavit of Causes and Objections to OSC:
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EXHIBIT "E"
Affidavit of Causes and Objections to OSC:
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EXHIBIT "F"
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In Re Grand Jury Subpoena