LeRoy Michael, Schweitzer, Sui Juris
Citizen of Montana state
c/o general delivery
Billings, Montana state

In Propria Persona

Under Protest and
By Special Visitation Only






                  UNITED STATES DISTRICT COURT

                       DISTRICT OF MONTANA

                        BILLINGS DIVISION


UNITED STATES OF AMERICA [sic], )  Case No. CR 95- 51-BLG-JMB
                                )  Case No. CR 95-117-BLG-JMB
     Plaintiff [sic],           )  Case No. CR 96- 41-BLG-JMB
                                )  Case No. CR 96- 32-BLG-JMB
     v.                         )  Case No. CR 96- 47-BLG-JMB
                                )  Case No. CR 96- 46-BLG-JMB
LEROY M. SCHWEITZER [sic] et al.)  Case No. CR 96- 45-BLG-JMB
                                )
     Respondents                )  NOTICE OF REFUSAL,
                                )  REFUSAL FOR FRAUD,
                                )  DEMAND FOR PRODUCTION OF
                                )  OFFICIAL CREDENTIALS, AND
                                )  CHALLENGE TO CONSTITUTIONALITY
                                )  OF STATUTE: 5 U.S.C. 552(1)(B)
________________________________)


COMES NOW  LeRoy  Michael,  Schweitzer,  Sui  Juris,  Citizen  of

Montana  state  and  Respondent  in  the  above  entitled  matter

(hereinafter "Respondent"),  to  refuse  the  "ORDER"  signed  by

"JAMES M. BURNS" (hereinafter "Mr. Burns") on September 30, 1996,

for fraud  on its  face.   In said "ORDER", Mr. Burns stated that

courts of  the United States are not an agency within the meaning

of the  Act [Freedom  of Information  Act]  and  are,  therefore,

exempt pursuant  to 5  U.S.C. Section  551(1)(B).  Mr. Burns also

ordered the  Clerk of  the Court  to return  to sender  all  FOIA

requests relating  to the  above cases  received by  the Clerk to

date and in the future.  See "ORDER" dated September 30, 1996.


Notice of Refusal for Fraud/Demand for Production of Credentials:
                           Page 1 of 6


     Mr. Burns knew, or should have known, that a large number of

the FOIA  requests which  Respondents  have  submitted  to  date,

copies of  which Respondents  attempted to  file in  the  instant

case, were  directed  to  persons  who  are  allegedly  executive

officers, agents,  and/or employees  of the  United States.    As

such, these  officers, agents, and employees are not exempt under

this Court's  construction of 5 U.S.C. 551(1)(B).  The "ORDER" of

Mr. Burns  was, therefore,  too  broad  for  exempting  executive

personnel who are expressly not exempt under the FOIA.

     Furthermore, on  behalf of  all named  Respondents listed in

said "ORDER", the Undersigned hereby place all interested parties

on Formal  Notice that  We refuse  said "ORDER" for the following

causes, to wit:

     The  blanket   FOIA   exemption   for   the   judiciary   is

unconstitutional for being overly broad.  See 5 U.S.C. 551(1)(B).

Article VI,  Clause 3,  requires all  judicial  Officers  of  the

United States  to be  bound by Oath or Affirmation to support the

Constitution for  the  United  States  of  America,  as  lawfully

amended (hereinafter  "U.S. Constitution").   Proof  of said Oath

(or Affirmation)  must be recorded as a public document which can

be discovered,  under rules  of evidence, for purposes of proving

that the  requisite Oath  (or Affirmation)  has,  in  fact,  been

executed or not.

     Without certified  proof  of  said  Oath  (or  Affirmation),

Citizens are  entitled to proceed on the basis of the presumption

that said  Oath (or  Affirmation) has  not been  executed.    See

"estoppel" and  "presumption" in  Black's Law  Dictionary,  Sixth

Edition;   U. S. v. Tweel, 550 F.2d 297, 299 (1977), quoting U.S.

v. Prudden,  424 F.2d  1021, 1032  (1970):   "Silence can only 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."


Notice of Refusal for Fraud/Demand for Production of Credentials:
                           Page 2 of 6


     The documents  that were  withheld must  also  be  disclosed

under the  FOIA because  the original Thirteenth Amendment (1819)

prevents government  officials from  exercising privileges  of  a

nobility class,  such as being exempt from the principles of open

government and freedom of information.  Certified evidence of the

original Thirteenth  Amendment has been filed with the Foreperson

of the  Grand Jury,  and with  the Clerk  of  the  United  States

District Court,  in Tucson, Arizona state (a Republic).  See also

Colorado Records  Custodian;   Full Faith  and Credit Clause.  If

one is  an employee  of the  United States  (federal government),

then one is bound by this Clause.

     Disclosure of  the documents  requested  is  in  the  public

interest because the information, and the procedure for obtaining

the information, are likely to contribute significantly to public

understanding of  the operations and activities of government and

are not  needed for  any commercial interests of the Respondents.

Respondents deny  being involved  in "commerce"  as that  term is

utilized in  the Commerce Clause.  Congress can regulate commerce

among the  several states;   it  does not  authorize Congress  to

regulate commerce  among the  inhabitants of  the several states.

The Framers knew the difference.

     Moreover, the  information requested  will help  to  improve

public confidence  in the integrity of the United States (federal

government), or  to confirm  that there are persons attempting to

exercise executive  and judicial branch powers in America without

any authority or jurisdiction whatsoever.  See U.S. v. Lopez.


Notice of Refusal for Fraud/Demand for Production of Credentials:
                           Page 3 of 6


                             DEMAND

     Accordingly, formal  Demand is  hereby made upon each of the

persons  named   infra  to  produce  evidence  of  the  following

documents  respectively   by  filing  certified  copies  of  said

documents in  the official court record of Case Number CR 95-117-

BLG-JMB in the United States District Court, District of Montana,

Billings Division,  and by  serving said  copies on  The  Freedom

Center, c/o  P.O. Box  80446, Billings,  Montana state,  no later

than 5:00 p.m. on Wednesday, October 16, 1996.


     Admissible documents demanded of Lou Aleksich, Jr.:

     1.   Certified copies  of your  solemn oath  of  office,  as
          required by  Article VI,  Clause 3, of the Constitution
          for the United States of America, as lawfully amended.

     2.   Certified copy of your fidelity (or surety) bond.

     3.   Certified copy  of your commission to occupy a judicial
          office.

     4.   Certified copy  of your  license to practice law in the
          State of Montana, if any.


Admissible documents demanded of James M. Burns:

     1.   Certified copies  of your  solemn oath  of  office,  as
          required by  Article VI,  Clause 3, of the Constitution
          for the United States of America, as lawfully amended.

     2.   Certified copy of your fidelity (or surety) bond.

     3.   Certified copy  of your commission to occupy a judicial
          office.

     4.   Certified copy  of your  license to practice law in the
          State of Montana, if any.


Notice of Refusal for Fraud/Demand for Production of Credentials:
                           Page 4 of 6


Admissible documents demanded of Robert Holter:

     1.   Certified copies  of your  solemn oath  of  office,  as
          required by  Article VI,  Clause 3, of the Constitution
          for the United States of America, as lawfully amended.

     2.   Certified copy of your fidelity (or surety) bond.

     3.   Certified copy  of your commission to occupy a judicial
          office.

     4.   Certified copy  of your  license to practice law in the
          State of Montana, if any.


This DEMAND  is repeated  in the  attached NOTICE  OF REFUSAL AND

DEMAND FOR  PRODUCTION OF DOCUMENTS, dated October 2, 1996, which

is incorporated by reference as if set forth fully herein.


                       NOTICE OF DEADLINE

     Formal demand  is hereby  made of  all of all persons listed

supra to  serve certified  copies of  the documents  listed above

upon The  Freedom Center,  c/o P.O.  Box 80446, Billings, Montana

state, no  later than  5:00 p.m.  on Wednesday,  October 16, 1996

(ten (10) working days as October 2, 1996).


                          VERIFICATION

     The Undersigned  hereby certify,  under penalty  of perjury,

under the  laws of  the United  States of  America,  without  the

"United States,"  that the  above statements of fact are true and

correct, to  the best  of Our current information, knowledge, and

belief, so help US God, pursuant to 28 U.S.C. 1746(1).


Executed on _____________________________________________________

_________________________________________________________________


/s/ LeRoy Schweitzer            /s/ Paul Andrew Mitchell
_____________________________   _________________________________
LeRoy Michael, Schweitzer       Paul Andrew, Mitchell, B.A., M.S.
Citizen of Montana state        Citizen of Arizona state,
                                federal witness, Counselor at Law


Notice of Refusal for Fraud/Demand for Production of Credentials:
                           Page 5 of 6


                        PROOF OF SERVICE

I, Paul  Andrew, Mitchell, B.A., M.S., Sui Juris, 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,  a Citizen  of one  of the  United States of America, and

that I personally served the following document(s):

              NOTICE OF REFUSAL, REFUSAL FOR FRAUD,
         DEMAND FOR PRODUCTION OF OFFICIAL CREDENTIALS,
         AND CHALLENGE TO CONSTITUTIONALITY OF STATUTE:
                       5 U.S.C. 551(1)(B)

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:


Office of the United States Attorney
United States Department of Justice
c/o P.O. Box 1478
Billings, Montana state

Attorney General
Department of Justice
10th and Constitution, N.W.
Washington
DISTRICT OF COLUMBIA

Solicitor General
Department of Justice
10th and Constitution, N.W.
Washington
DISTRICT OF COLUMBIA

[all named Respondents]


Executed on: _____________________________


/s/ Paul Andrew Mitchell
__________________________________________
Paul Andrew, Mitchell, Sui Juris
Citizen of Arizona state, federal witness
and Counselor at Law

All Rights Reserved without Prejudice


Notice of Refusal for Fraud/Demand for Production of Credentials:
                           Page 6 of 6


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U.S.A. v. Schweitzer (Billings)