c/o 2509 N. Campbell, #1776 Tucson [zip code exempt] ARIZONA STATE September 20, 1996 Carol S. Sefren, Chief Judges Compensation and Benefits Branch Article III Judges Division Administrative Office of the United States Courts Washington, D.C. Subject: Credentials of John M. Roll Dear Ms. Sefren: Thank you for your letter to Me, dated September 6, 1996, with attachments. I regret to inform you that We must refuse your letter for cause. Our reasons for refusing your letter, and all of its attachments, are stated as follows: Our requests for the credentials of one John M. Roll required certified copies of these credentials, in order to render the requisite documents admissible in a court of law. Without the requested certification, the documents are not admissible. Although you may not have known this, We have seen many rulings against the admissibility of uncertified documents. Your response is also inadmissible under the doctrine of estoppel. You will note from the attached documents that Our original request for John M. Roll's official credentials, if any, was originally dated May 12, 1996. An appeal was filed on May 24, 1996. A final notice and demand were made upon the District Court Executive on June 24, 1996, with a deadline of seventy-two (72) hours hence (i.e. June 27, 1996). Your letter was not sent until September 6, 1996, almost four (4) months after the original request. Pursuant to Article VI, Clause 3, Citizens have a fundamental Right to know that federal employees have taken the requisite oath of office, and evidence of said oath is not protected by any restrictions of the Privacy Act. Because the requisite credentials were not produced in response to any of Our requests, I prepared and filed an AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE in the United States District Court on July 3, 1996 (see enclosed). Silence is a species of conduct and represents an implied representation of the existence of the state of facts in question. On estoppel by acquiescence, see Carmine v. Bowen, 64 A. 932 (1906). Silence can also be equated with fraud where there is a legal or a moral duty to speak, or where an inquiry left unanswered would be intentionally misleading. See U.S. v. Tweel, 550 F.2d 297, at 299 (1977), quoting U.S. v. Prudden, 424 F.2d 1021, at 1032 (1970). I do apologize in advance if this letter should cause you any inconvenience, but timeliness and certification are two essential prerequisites to proper adjudication of the matters which were raised by our original request for the credentials of one John M. Roll. Thank you very much for your consideration. Sincerely yours, /s/ Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness and Counselor at Law attachments email: supremelawfirm@altavista.net website: http://supremelaw.com copy: Federal Bureau of Investigation, Tucson, Arizona # # #
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In Re Grand Jury Subpoena