Paul Andrew Mitchell, B.A., M.S.
Private Attorney General
c/o Forwarding Agent
501 West Broadway #A-332
San Diego 92101
CALIFORNIA, USA
All Rights Reserved
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. )
---------------------------------)
)
United States ) INTERVENOR’S FOURTH NOTICE OF
ex relatione ) DEFAULT, BY AFFIDAVIT; AND,
Paul Andrew Mitchell, ) TENTH NOTICE AND DEMAND FOR
) MANDATORY JUDICIAL NOTICE:
Intervenor. ) FREv Rule 201(d);
_________________________________) 28 U.S.C. 1746.
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”), to demand mandatory judicial Notice by this honorable
Circuit Court of all documents attached and incorporated by reference infra,
containing relevant adjudicative facts, and to provide formal written notice to
all interested Party(s) of same.
INCORPORATION OF ATTACHED DOCUMENTS
In support of the instant NOTICE OF DEFAULT and DEMAND FOR MANDATORY JUDICIAL NOTICE, Intervenor hereby attaches a true and correct copy of the following documents, and incorporates same by reference to all Attachments infra, as if set forth fully here:
(1) Relator’s Freedom of Information Act (“FOIA”) Request dated March 7 A.D., for three (3) credentials required of Mr. Jonathan S. Cohen, currently claiming to be employed as an Attorney in the Appellate Section, Tax Division, of the U.S. Department of Justice in Washington, D.C.;
(2) Relator’s Freedom of Information Act Appeal dated April 4, 2007 A.D., formally appealing the FOIA Request (1) supra;
(3) first written reply from the U.S. Department of Justice, Executive Office for United States Attorneys, dated March 29, 2007, to the FOIA Request (1) supra;
(4) second written reply from the U.S. Department of Justice, Tax Division, dated April 9, 2007, to the FOIA Request (1) supra;
(5) first written reply from the U.S. Department of Justice, Office of Information and Privacy, dated April 23, 2007, to the FOIA Appeal (2) supra;
(6) Relator’s Freedom of Information Act (“FOIA”) Request dated March 7 A.D., for three (3) credentials required of Ms. Eileen J. O’Connor, currently claiming to be employed as an Assistant Attorney General in the U.S. Department of Justice in Washington, D.C.;
(7) Relator’s Freedom of Information Act Appeal dated April 4, 2007 A.D., formally appealing the FOIA Request (6) supra;
(8) first written reply from the U.S. Department of Justice, Executive Office for United States Attorneys, dated March 29, 2007, to the FOIA Request (6) supra;
(9) second written reply from the U.S. Department of Justice, Tax Division, dated April 9, 2007, to the FOIA Request (6) supra;
(10) first written reply from the U.S. Department of Justice, Office of Information and Privacy, dated April 23, 2007, to the FOIA Appeal (7) supra;
(11) Relator’s Freedom of Information Act (“FOIA”) Request dated March 7 A.D., for three (3) credentials required of Ms. Gretchen M. Wolfinger, currently claiming to be employed as an Attorney in the Appellate Section, Tax Division, of the U.S. Department of Justice in Washington, D.C.;
(12) Relator’s Freedom of Information Act Appeal dated April 4, 2007 A.D., formally appealing the FOIA Request (11) supra;
(13) Relator’s Supplemental Freedom of Information Act Appeal dated May 8, 2007 A.D. nunc pro tunc April 4, 2007 A.D., formally appealing the FOIA Request (11) supra;
(14) first written reply from the U.S. Department of Justice, Executive Office for United States Attorneys, dated March 29, 2007, to the FOIA Request (11) supra;
(15) second written reply from the U.S. Department of Justice, Tax Division, dated April 9, 2007, to the FOIA Request (11) supra;
(16) first written reply from the U.S. Department of Justice, Office of Information and Privacy, dated April 23, 2007, to the FOIA Appeal (12) supra;
(17) second written reply from the U.S. Department of Justice, Office of Information and Privacy, dated May 4, 2007, to the FOIA Appeal (12) supra;
(18) NOTICE AND DEMAND FOR PROMPT EXHIBITION OF CREDENTIALS REQUIRED BY FEDERAL LAW, from Paul Andrew Mitchell, Relator, to Douglas E. Cressler dba Chief Deputy Clerk, Tenth Circuit Court of Appeals, dated April 25, 2007 A.D.
In contrast to discretionary judicial notice, mandatory judicial notice leaves no room whatsoever for discretion on the part of this honorable U.S. Court of Appeals for the Tenth Circuit (“Tenth Circuit”).
NOTICE OF DEFAULT
AND
OF
ESTOPPEL BY ACQUIESCENCE
All federal employees expressly named and listed above have
now fallen silent. Accordingly, the same
are legally estopped pursuant to Carmine v. Bowen,
64 A. 932 (1906) (silence activates estoppel). Moreover, their silence is also a fraud,
pursuant to U.S. v. Tweel, 550 F.2d 297, 299 (5th Cir. 1977)
(silence can only be equated with fraud where there is a legal or moral duty to
speak, or where an inquiry left unanswered would be intentionally misleading).
REMEDY DEMANDED
All premises having been duly considered, Intervenor respectfully demands mandatory judicial notice of all documents incorporated supra.
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: May 9, 2007 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):
FREv Rule 201(d); 28 U.S.C. 1746
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
Office of Chief Counsel
Internal Revenue Service
c/o U.S. Department of the Treasury
1500 Pennsylvania Avenue, N.W.
Washington 20220
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: May 9, 2007 A.D.
Signed: /s/ Paul Andrew Mitchell
______________________________________________
Printed: Paul Andrew Mitchell, Private Attorney General
All
Rights Reserved without Prejudice
Attachments
(see itemized list above
on Pages 2 of 7 and 3 of 7)