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

Private Attorney General

c/o Forwarding Agent

501 West Broadway #A-332

San Diego 92101

CALIFORNIA, USA

In Propria Persona

without Prejudice

United States Court of Appeals

Tenth Circuit

UNITED STATES OF AMERICA [sic], ) Appeal Docket No. 07-2017

) Civil No. 04-CV-0885 BB/WDS

Plaintiff/Appellee, )

v. )

)

John S. Williamson et al., )

)

Defendants/Appellants. )

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

) NOTICE OF MOTION AND

United States ) MOTION DEMANDING CLERK TO

ex relatione ) CERTIFY TO THE ATTORNEY GENERAL

Paul Andrew Mitchell, ) INTERVENOR’S FORMAL CHALLENGE

) TO THE CONSTITUTIONALITY OF

Intervenor. ) CERTAIN ACTS OF CONGRESS:

_________________________________) FRAP Rule 44 (last sentence).

COMES NOW the United States (hereinafter “Intervenor”) ex relatione Paul Andrew Mitchell, Citizen of ONE OF the United States of America, Private Attorney General, Criminal Investigator and Federal Witness (hereinafter “Relator”), pursuant to a verbal directive from a Deputy Clerk at the Ninth Circuit Court of Appeals, specifically to demand that the Clerk of this Court certify to the Attorney General Intervenor’s challenges to the constitutionality of certain enumerated Acts of Congress. “Demand” always implies a right of some kind.

Intervenor hereby incorporates by reference its NOTICE OF INTERVENTION, as executed on February 5, 2007 A.D. and timely filed in this appeal, as if set forth fully herein. See REMEDY MANDATED BY LAW in said NOTICE.

Intervenor now formally challenges the constitutionality of:

(1) the federal Jury Selection and Service Act at 28 U.S.C. 1865(b)(1), for expressly discriminating in favor of federal citizens and against Citizens of the United States of America, in violation of the federal policy at 28 U.S.C. 1861, in violation of Article III, Section 2, Clause 3, and in violation of the Seventh Amendment;

(2) the Rules Enabling Act at 28 U.S.C. 2072(b), for violating Article I, Section 1, the Separation of Powers Doctrine, and the ex post facto Clause in the U.S. Constitution;

(3) all income tax provisions in subtitle A of the Internal Revenue Code, for deliberate vagueness in violation of the Ninth Amendment and of the Nature and Cause Clause in the Sixth Amendment; and,

(4) the Act of June 25, 1948, 62 Stat. 869 et seq., also known as Title 28 of the United States Code, for vagueness, for violating the ex post facto Clause, for violating the Separation of Powers, and for violating the general principle that statutes granting original jurisdiction to federal courts must be strictly construed.

REMEDY DEMANDED

Pursuant to the last sentence in Rule 44 of the Federal Rules of Appellate Procedure (“FRAP”), Intervenor respectfully demands that the Clerk of this Court promptly certify to the U.S. Attorney General Intervenor’s proper and timely challenge to the constitutionality of the specific Acts of Congress enumerated above.

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 6, 2007 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):

MOTION DEMANDING CLERK TO CERTIFY TO THE ATTORNEY GENERAL

INTERVENOR’S FORMAL CHALLENGE TO THE CONSTITUTIONALITY

OF CERTAIN ACTS OF CONGRESS:

FRAP Rule 44 (last sentence)

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 (5x)

U.S. Court of Appeals for the Tenth Circuit

1823 Stout Street

Denver 80257

COLORADO, USA

Mr. and Mrs. John S. Williamson

1277 Historic Route 66 East

Tijeras 87059

NEW MEXICO, USA

Mr. John Gregory Williamson

c/o Mr. and Mrs. John S. Williamson supra

Mr. David Andrew Williamson

c/o Mr. and Mrs. John S. Williamson supra

Mr. Garrett James Williamson

824 Adams Street, N.E.

Albuquerque 87110

NEW MEXICO, USA

Ms. Deborah Kruhm

P.O. Box 23899

Santa Fe 87502

NEW MEXICO, USA

Ms. Gretchen M. Wolfinger

U.S. Department of Justice

Appellate Section

P.O. Box 502

Washington 20044

DISTRICT OF COLUMBIA, USA

Courtesy copies:

Office of the U.S. Attorney

P.O. Box 607

Albuquerque 87103

NEW MEXICO, USA

U.S. Department of Justice

Tax Division

717 North Harwood, Suite 400

Dallas 75201

TEXAS, USA

Dr. Harriet Smith Windsor

Secretary of State

State of Delaware

401 Federal Street

Dover 19901

DELAWARE, USA

[See USPS Publication #221 for addressing instructions.]

Dated: February 6, 2007 A.D.

Signed: /s/ Paul Andrew Mitchell

______________________________________________

Printed: Paul Andrew Mitchell, Private Attorney General