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 VOTING RIGHTS
) VIOLATION AND OF TAXATION
) WITHOUT REPRESENTATION,
) AND OF PETITION FOR ORDER
) TO SHOW CAUSE:
_______________________________) Art. I, Sec. 2, Cl. 1
NOTICE and PETITION
FOR ORDER TO SHOW CAUSE
Notice is hereby provided to all interested parties of a voting
and jury Rights violation by which Dr. Eugene A. Burns, and other
unnamed co-workers of New Life Health Center Company, an
Unincorporated Business Trust domiciled in the Arizona Republic
(hereinafter "the Company"), are being deprived of their
fundamental Right to choose their Representative every second
Year in the House of Representatives. See Article I, Section 2,
Clause 1. This violation stems from the Arizona voter
registration form which requires registrants to certify that they
are a "U.S. CITIZEN" [sic] a/k/a "citizen of the United States".
Dr. Burns is one among many People who belong to the class
of individuals who are Citizens of one of the freely associated
compact states and who are not also citizens of the United States
(a/k/a "U.S. citizens"). See 28 USC 297. As a representative
Member of this unique class of People, it is evident that Dr.
Burns cannot vote without committing a class 6 felony.
Notice of Voting Rights Violation & Tax without Representation:
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If He cannot register to vote in good faith and without
committing a class 6 felony, due to this unlawful requirement on
the Arizona voter registration form, then it follows that He is
no longer eligible to serve on grand juries or on trial ("petit")
juries, because jury candidates are selected from voter
registration rosters.
The net effects of this unlawful discrimination against
Citizens of the freely associated compact states are that Dr.
Burns, and all others in His same class of state Citizens, are
being taxed without representation, and they are also being
deprived of their fundamental Rights to exercise any power over
the management of their state and federal governments.
These deprivations are direct violations of fundamental,
unalienable Rights guaranteed to them by their state and federal
constitutions, which were specifically enacted to guarantee to
such Citizens the opportunity to exercise such fundamental
Rights, and they are direct violations of several international
treaties to which the United States is a signatory, among other
nations of the earth, specifically to guarantee the protection
and promotion of such fundamental human Rights by the United
States on a worldwide basis.
This honorable Court is hereby requested to take formal
judicial notice of the attached letter from Eugene A. & Linda H.
Burns, executed on or about May 28, 1996, and mailed to the Pima
County Registrar of Voters, Ms. F. Ann Rodriguez. A copy of this
letter and its attachments are incorporated by reference as if
set forth fully herein. See attached. The Court will please
take special notice of the following highlighted question:
As a Citizen of Arizona state, how can I sign your voter
registration affidavit without also committing perjury?
Notice of Voting Rights Violation & Tax without Representation:
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Dr. and Mrs. Burns are also quite concerned that they will
be unable ever to serve on a grand jury or trial jury, if they
find it necessary to withdraw from the voter registration roster.
This, of course, raises the question of unlawful discrimination
in the grand and trial jury selection processes currently
administered within Arizona and within other freely associated
compact states of this Union (a/k/a "United States of America")
which administer a similar state policy.
Dr. and Mrs. Burns go on to explain their understanding of
the supreme Law of the Land in this matter:
Please correct me if I am wrong, but it is my understanding
that U.S. Representatives are supposed to be elected by the
People of the several States (see U.S. Constitution, Article
1, Section 2, Clause 1). In my opinion, this provision
proves that voting for U.S. Representatives is the exercise
of a fundamental Right, and not a privilege.
[emphasis added]
The relevant court authorities support their understanding of the
applicable Law in this situation:
In this state [California] both statutes and judicial
decisions have recognized the fundamental right of citizens
generally not only to vote but also to hold office (Gov.
Code, Secs. 274, 275, Carter v. Comm. on Qualifications,
etc. (1939) 14 Cal.2d 179, 182, 93 P.2d 140, People v.
Washington (1869) 36 Cal. 658, 662) ....
[Fort v. Civil Service Com'n of County of Alameda]
[392 P.2d 385 (1964), emphasis added]
Because so many government officials have developed the habit of
falling totally silent in the face of legitimate questions like
this, even when they have a legal and a moral duty to answer, Dr.
and Mrs. Burns found it necessary to explain their intentions, in
the event that the Pima County Registrar of Voters should fall
silent in response to the attached letter. Specifically:
I would appreciate your timely clarification of these
matters. If I do not hear from you, in writing, within
thirty (30) calendar days, please accept this letter as my
formal withdrawal from the voter registration roster.
[emphasis added]
Notice of Voting Rights Violation & Tax without Representation:
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Since this is an election year (1996), and since the
upcoming November elections would normally provide Dr. and Mrs.
Burns with an opportunity to choose their state and federal
representatives, in addition to the President of the United
States, they found it necessary sincerely to request the
Registrar to provide a timely response to the questions they have
raised in their letter. If no answer is forthcoming within
thirty (30) calendar days, they will be permanently ineligible to
vote for anybody effective June 27, 1996, until such time as this
discrimination can be redressed, by proper legislation, and in a
manner which is consistent with the supreme Law of the Land.
Last but not least, the existence of discrimination in the
process of selecting grand and trial jurors is a fact which
renders null and void each and every indictment which has been
issued since the Civil War by any grand juries against any
Citizen of a freely associated compact state who was not also a
citizen of the United States (a/k/a "federal citizen") by Right
of Election at the moment those juries were convened.
Such discrimination forces upon such Citizens the
unconstitutional result that they were taxed, directly and
indirectly, without representation either in their state
legislatures, or in the Congress of the United States, in gross
violation of a basic, fundamental Human Right -- to have a voice
in the management of the governments of which they are the de
jure Principals. See Dred Scott v. Sanford, 19 How. 393 (1856).
Notice of Voting Rights Violation & Tax without Representation:
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VERIFICATION
I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona
state, hereby certify, under penalty of perjury, under the laws
of the United States of America, without the "United States",
that the attached, undated letter from Eugene A. & Linda H. Burns
to F. Ann Rodriguez, Registrar, County Voter Registration, is a
true and correct copy of the original which is currently in the
possession and control of the Company, pursuant to 28 USC
1746(1).
RELIEF SOUGHT
The Company hereby requests this honorable Court to issue an
Order to the office of the United States Attorneys to show cause
why the applicable state and federal statutes should not be held
unconstitutional for imposing taxation without representation
upon Citizens of the freely associated compact states who are not
also citizens of the United States, and also for depriving said
state Citizens of their fundamental Rights to choose their
government representatives and to exercise their Sovereign Rights
to serve on grand juries and on trial juries.
Executed on June 5, 1996
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Counsel of Record for the Company and
Citizen of Arizona state
(not a citizen of the United States)
All Rights Reserved without Prejudice to any rights
Notice of Voting Rights Violation & Tax without Representation:
Page 5 of 6
PROOF OF SERVICE
I, Linda H. Burns, 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 currently a
Party to this action, and that I personally served the following
document:
NOTICE OF VOTING RIGHTS VIOLATION
AND OF TAXATION WITHOUT REPRESENTATION,
AND OF PETITION FOR ORDER TO SHOW CAUSE:
Art. I, Sec. 2, Cl. 1
by placing said document with exhibits in first class U.S. 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 5, 1996
/s/ Linda Burns
________________________________________
Linda H. Burns, Citizen of Arizona state
All Rights Reserved without Prejudice
Notice of Voting Rights Violation & Tax without Representation:
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# # #
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In Re Grand Jury Subpoena