Paul Andrew Mitchell, B.A., M.S.

Private Attorney General, 18 U.S.C. 1964(a)

c/o Forwarding Agent

501 West Broadway #A-332

San Diego 92101

CALIFORNIA, USA

Fax: (619) 232-2011 (use cover sheet)

Without Prejudice

UNITED STATES COURT OF APPEALS

THIRD CIRCUIT

PHILIP J. BERG, ESQUIRE [sic], ) Appeal No. 08-4443

)

Plaintiff ) USDC No. 2:08-CV-04083 (RBS)

)

v. )

)

BARACK HUSSEIN OBAMA et al., )

)

Defendants. )

-----------------------------------)

)

United States ) APPLICATION FOR A

ex relatione ) PEREMPTORY WRIT OF MANDAMUS

Paul Andrew Mitchell, ) TO COMPEL THE PERFORMANCE OF

) A DUTY OWED TO APPLICANT:

Applicant. ) All Writs Statute,

___________________________________) 28 U.S.C. 1651(a).

COMES NOW the United States (“Applicant”) ex relatione Paul Andrew Mitchell, B.A., M.S., Citizen of ONE OF the United States of America, Private Attorney General, Criminal Investigator and Federal Witness (hereinafter “Relator”) to apply formally for a PEREMPTORY WRIT OF MANDAMUS compelling the District Court below to rule immediately upon Applicant’s timely APPLICATION FOR LEAVE TO INTERVENE AND FOR A WRIT IN THE NATURE OF A PROHIBITION, and to provide formal written Notice to all interested Party(s) of same.

Applicant United States has timely applied to the United States District Court for the Eastern District of Pennsylvania for leave to intervene in the above entitled case, and for a Writ in the Nature of a Prohibition in the event that leave is granted.

However, one full month has now transpired, and no ruling has yet been issued by that District Court.

In support of the instant APPLICATION FOR A PEREMPTORY WRIT OF MANDAMUS, Applicant attaches true and correct copies of its APPLICATION FOR LEAVE TO INTERVENE AND FOR A WRIT IN THE NATURE OF A PROHIBITION and of its prior NOTICE OF INTENT TO APPLY FOR LEAVE TO INTERVENE, and incorporates same by reference, as if set forth fully here.

For the convenience of all concerned, both of the latter two (2) pleadings are now archived and fully hyper-linked to supporting authorities here in the Supreme Law Library on the Internet:

http://www.supremelaw.org/cc/obama/intervention.prohibition.htm

http://www.supremelaw.org/cc/obama/notice.of.intent.htm

Applicant stresses that a chronic Constitutional crisis can only be mitigated by prompt and correct construction of the Qualification Clause for the Office of President of the United States of America. Allowing an unqualified individual to occupy that Office in violation of 2:1:5, if only for a moment, now threatens to inflict untold damages upon the fragile fabric of the American Republic:

It will be an evil day for American liberty if the theory of a government outside of the supreme law of the land finds lodgment in our constitutional jurisprudence. No higher duty rests upon this court than to exert its full authority to prevent all violation of the principles of the Constitution.

[Downes v. Bidwell, 182 U.S. 244 (1901)]

[Harlan dissenting, emphasis added]

REMEDY REQUESTED

All premises having been duly considered, the United States now appearing ex rel. Paul Andrew Mitchell, Private Attorney General, hereby petitions this honorable U.S. Court of Appeals for a PEREMPTORY WRIT OF MANDAMUS compelling the District Court below to rule immediately upon Applicant’s timely APPLICATION FOR LEAVE TO INTERVENE AND FOR A WRIT IN THE NATURE OF A PROHIBITION.

Thank you for your professional consideration.

VERIFICATION

I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (Federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1). See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land).

Dated: October 14, 2008 A.D.

Signed: /s/ Paul Andrew Mitchell

______________________________________________

Printed: Paul Andrew Mitchell, Private Attorney General

PROOF OF SERVICE

I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (Federal government), that I am at least 18 years of age, a Citizen of ONE OF the United States of America, and that I personally served the following document(s):

APPLICATION FOR A PEREMPTORY WRIT OF MANDAMUS

TO COMPEL THE PERFORMANCE OF A DUTY OWED TO APPLICANT:

All Writs Statute, 28 U.S.C. 1651(a)

by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:

Clerk of Court (3x)

U.S. Court of Appeals for the Third Circuit

21400 United States Courthouse

601 Market Street

Philadelphia 19106

PENNSYLVANIA, USA

Clerk of the Court (3x) Federal Election Commission (1x)

Attn: R. Barclay Surrick 999 “E” Street, N.W.

U.S. Courthouse Washington 20463

601 Market Street DISTRICT OF COLUMBIA, USA

Philadelphia 19106-1797

PENNSYLVANIA, USA

Barack Hussein Obama (1x) John Sidney McCain III (1x)

United States Senate United States Senate

713 Hart Senate Office Building 241 Russell Senate Office Building

Washington 20510 Washington 20510

DISTRICT OF COLUMBIA DISTRICT OF COLUMBIA, USA

Democratic National Committee (1x) Republican National Committee (1x)

430 S. Capitol Street, S.E. 310 First Street

Washington 20003 Washington 20003

DISTRICT OF COLUMBIA, USA DISTRICT OF COLUMBIA, USA

Philip J. Berg, Esquire [sic] (1x) Clerk of Court (1x)

555 Andorra Glen Court, Suite 12 Supreme Court of the United States

Lafayette Hill 19444-2531 One First Street, N.E.

PENNSYLVANIA, USA Washington 20543-0001

DISTRICT OF COLUMBIA, USA

Dated: October 14, 2008 A.D.

Signed: /s/ Paul Andrew Mitchell

______________________________________________

Printed: Paul Andrew Mitchell, Private Attorney General