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)