Paul Andrew Mitchell, B.A.,
M.S.
Private Attorney
General, 18 U.S.C. 1964(a)
c/o Forwarding Agent
7115 N. Division St.
#B-354
Spokane 99208
WASHINGTON STATE,
USA
Fax: (509) 466-4999
(use cover sheet)
All Rights Reserved
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 ) AFFIDAVIT
OF PROBABLE CAUSE
ex relatione ) AND DEMAND FOR MANDATORY
Paul Andrew
Mitchell, ) JUDICIAL
NOTICE:
)
Applicant. ) 28 U.S.C. 1746(1); and,
___________________________________)
FREV Rule 201(d).
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 demand mandatory
judicial notice by this honorable Court of Relator’s AFFIDAVIT OF PROBABLE
CAUSE and SECOND NOTICE OF INTENT TO LODGE VERIFIED CRIMINAL COMPLAINT, ON
INFORMATION infra, and to provide
formal written Notice to all interested Party(s) of same.
Relator
now testifies as follows in support of his VERIFIED CRIMINAL COMPLAINT, ON
INFORMATION, to be lodged and served forthwith:
In the course of diligently investigating the
specific location of Defendant Barack Hussein Obama’s natural birth, Relator has discovered two (2)
official government documents which do settle the matter, once and for
all. Those two documents include the
following:
(1) PRESS RELEASE, Nairobi,
November 05, 2008, issued by the Embassy
of the Republic of Kenya, Washington, D.C.;
and,
(2) NATIONAL ASSEMBLY, Official
Report, Wednesday, 5th November, 2008, Pages 3259 to 3299
inclusive.
In the latter Official Report of the National
Assembly of the Republic of Kenya, numerous references are made to Defendant
Obama’s natural birth in that country e.g.
find “son of the soil”. Relator’s
extensive legal and historical research indicates that this reference
necessarily implicates the common law principle of “jus soli”
(law of the soil, in Latin) whereby citizenship is established by virtue of the
place of one’s birth on planet Earth.
INCORPORATION
OF ATTACHED DOCUMENTS
The two (2) documents cited supra are attached hereto and hereby
incorporated by reference, as if set forth fully here.
AFFIDAVIT
OF PROBABLE CAUSE
Accordingly, Relator
hereby testifies that the two (2) documents incorporated supra are true and correct, and both constitute material evidence
establishing facts calling for the conclusion that Defendant Barack Hussein
Obama was natural born in the Republic of Kenya, most probably at Coast
Provincial Hospital in the city of Mombasa, Kenya. From
these facts Relator concludes that Defendant
Barack Hussein Obama is not eligible for the Office of President of the United States of
America. Article II, Section 1, Clause 5
in the U.S. Constitution.
Further Relator sayeth naught.
SECOND NOTICE
OF INTENT TO LODGE
VERIFIED
CRIMINAL COMPLAINT, ON INFORMATION
On information and belief and on behalf of
the United States
(Federal government) appearing before this honorable Court ex rel. Paul Andrew Mitchell, Private Attorney
General, Relator hereby
declares his specific intent to lodge a VERIFIED CRIMINAL COMPLAINT, ON
INFORMATION formally charging Defendant Barack Hussein Obama, and others as yet
unnamed herein, with one or more
counts of impersonating an Officer of the United States in
violation of 18 U.S.C.
912, of impersonating a citizen of the United States in
violation of 18 U.S.C.
911, of conspiracy against the United States in
violation of 18 U.S.C.
371, and of conspiracy to engage in a pattern of racketeering activities in
violation of 18
U.S.C. 1962(d).
This honorable Court of Appeals will also
please take mandatory judicial notice of the published heading on the Federal
criminal statute at 18
U.S.C. 911, which has no legal force or effect and which deceptively
appears as follows:
“Citizen of the United States”
whereas the body of that statute, which does have legal force and effect,
correctly uses the following nomenclature:
“citizen of the United States”
The former, of course, occurs in the Qualifications Clauses requiring
candidates for the House, Senate and White House to be State Citizens
aka Citizens of one of the United States of America; whereas the latter occurs in the 1866 Civil Rights Act and in numerous
subsequent Acts of Congress affecting federal citizens e.g. see the civil statute now at issue
in the instant case at 42
U.S.C. 1983 (“any citizen of the United States” [sic]). Cf. Wadleigh v. Newhall, 136 F. 941 (1905).
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 mandatory judicial notice of all
attached documentation as itemized supra,
and of Applicant’s SECOND NOTICE OF INTENT TO LODGE VERIFIED CRIMINAL
COMPLAINT, ON INFORMATION supra,
pursuant to Rule
201(d) of the Federal Rules
of Evidence (“FREV”).
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: February 26, 2009 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney
General
All
Rights Reserved without Prejudice
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):
AFFIDAVIT OF PROBABLE CAUSE AND
DEMAND FOR MANDATORY JUDICIAL NOTICE:
28 U.S.C. 1746(1); and FREV Rule 201(d)
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
Philip J. Berg, Esquire [sic] (1x) John P. Lavelle, Jr. (1x)
555 Andorra Glen
Court, Suite 12 1735 Market Street, 51st
Floor
Lafayette Hill
19444-2531 Philadelphia 19103
PENNSYLVANIA,
USA PENNSYLVANIA, USA
Dated: February 26, 2009 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney
General
All
Rights Reserved without Prejudice