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)