NOTICE AND DEMAND, BY AFFIDAVIT

TO: Mr. Jeffrey T. Miller

c/o United States District Court

880 Front Street, Suite 4290

San Diego 92101-8900

CALIFORNIA, USA

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

Private Attorney General, Criminal Investigator and

Qualified Federal Witness, 18 U.S.C. 1510, 1512-13, 1964

DATE: April 5, 2005 A.D.

SUBJECT: Councilman Michael Zucchet et al.

Greetings Mr. Miller:

The People of the United States of America ex rel. Paul Andrew Mitchell, and also the “United States” (federal government) ex rel. Paul Andrew Mitchell, hereby notoriously deny that you are duly qualified to occupy a seat on the United States District Court for the Southern District of California, in downtown San Diego, California.

FORMAL LEGAL NOTICE

Please be advised that a lawful SUBPOENA IN A CIVIL CASE has now been duly served upon the Administrative Office of the U.S. Courts in Washington, D.C., and is now past due, for your Appointment Affidavit and Oath of Office as required by the federal statues at 5 U.S.C. 3331 and 28 U.S.C. 453:

http://www.supremelaw.org/cc/aouscourts/

http://www.supremelaw.org/rsrc/commissions.htm

http://www.supremelaw.org/rsrc/oaths/federal.judges.htm

Moreover, a proper and lawful request has been submitted to the U.S. Department of Justice in Washington, D.C., under the Freedom of Information Act (“FOIA”), for all four (4) of the credentials that are required of you by pertinent federal laws:

http://www.supremelaw.org/rsrc/oaths/foia.request.usdc.sdca.htm

http://www.supremelaw.org/rsrc/oaths/foia.appeal.usdc.sdca.htm

Timely replies to the FOIA Request and Appeal supra are also past due.

In the matter of the Appointment Affidavit required by 5 U.S.C. 3331, the federal statute at 5 U.S.C. 2906 clearly designates the “court” as the legal custodian of that required credential:

http://www.law.cornell.edu/uscode/5/2906.html

FORMAL DEMAND FOR SPECIFIC PERFORMANCE

Accordingly, formal demand is hereby served upon you to produce a certified copy of your Appointment Affidavit as required by the federal statute at 5 U.S.C. 3331, and as required to be presently in the custody of the Clerk of the United States District Court in downtown San Diego, and to mail same to our mailing location, as shown below, no later than 5:00 p.m. on Friday, April 15, 2005 A.D.

Beyond that reasonable deadline, your decision to fall silent, or your failure in any manner to take appropriate steps to produce the missing Appointment Affidavit, will activate estoppel, pursuant to the holding in Carmine v. Bowen and will also constitute fraud pursuant to the holding in U.S. v. Tweel.

AFFIDAVIT OF PROBABLE CAUSE

The Undersigned hereby certifies under penalty of perjury, under the laws of the United States of America and without the “United States” (federal government), that the above statement of facts and laws is true and correct, according to the very best of my current information, knowledge and belief, so help me God, pursuant to the federal statute 28 U.S.C. 1746(1). See the Supremacy Clause, in chief (Constitution, Laws and Treaties of the “United States” (federal government) are the supreme Law of the Land).

Dated: April 5, 2005 A.D.

Signed,

/s/ Paul Andrew Mitchell

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

Private Attorney General, Criminal Investigator and

Qualified Federal Witness, 18 U.S.C. 1510, 1512-13, 1964

copies: Councilman Michael Zucchet, City of San Diego

U.S. Marshals, duty officer (downtown San Diego)

Clerk of Court, USDC/SDCA, San Diego, California

U.S. Mail:

c/o Forwarding Agent

501 West Broadway, #A-332

San Diego 92101

CALIFORNIA, USA