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

Private Attorney General, 18 U.S.C. 1964(a)

c/o Forwarding Agent

501 West Broadway #A-332

San Diego 92101

CALIFORNIA, USA

 

fax:  (619) 232-2011

 

In Propria Persona

 

All Rights Reserved

Without Prejudice

 

 

District Court of the United States

 

Southern Judicial District of California

 

UNITED STATES OF AMERICA [sic],     )  Case No. 03-CR-2434-JM

                                    )

          Plaintiff [sic],          )

                                    )

     v.                             )

                                    )

RALPH INZUNZA et al.,               )

                                    )

          Defendants.               )

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

People of the United States         )  NOTICE OF INTENT TO LODGE

     of America, and                )  VERIFIED CRIMINAL COMPLAINT,

United States                       )  ON INFORMATION:

ex relatione                        )

Paul Andrew Mitchell,               )  18 U.S.C. 2, 3, 4, 371, 912,

                                    )  1001, 1341, 1961-1964(a), 3231;

          Relator.                  )   5 U.S.C. 2906, 3331;  and,

____________________________________)  28 U.S.C. 530B, 547, 1652.

 

COME NOW the People of the United States of America and the United States (federal government) ex relatione Paul Andrew Mitchell, B.A., M.S., Private Attorney General, qualified Criminal Investigator and qualified Federal Witness (hereinafter “Relator”), to provide formal NOTICE to all interested parties of their specific intent to lodge a VERIFIED CRIMINAL COMPLAINT, ON INFORMATION, against Mr. Jeffrey T. Miller and other as yet unnamed accomplices, for conspiracy to violate one or more of the federal criminal statutes enumerated supra.

Statutes conferring original jurisdiction on federal district courts must be strictly construed.  Cites are fully itemized in this OPENING BRIEF to the Ninth Circuit, freely available at Internet URL:

http://www.supremelaw.org/cc/aol/opening.htm

The federal statute at 18 U.S.C. 3231 does not confer any criminal jurisdiction on the Article IV United States District Court (“USDC”).  All such federal statutes must be strictly construed.

The USDC is a legislative tribunal with a constitutional origin in the Territory Clause of the Constitution for the United States of America, as lawfully amended (hereinafter “U.S. Constitution”).

The federal statute at 18 U.S.C. 3231 confers original jurisdiction on the District Courts of the United States (“DCUS”).

The DCUS is a constitutional court with a constitutional origin in Article III of the U.S. Constitution.

Cites are fully itemized in this PETITION FOR WRIT OF CERTIORARI to which all defendants and counsels fell silent;  it is on file at the Supreme Court of the United States and available at Internet URL:

http://www.supremelaw.org/cc/aol/cert.htm

Relator recently submitted a lawful and proper Request and Appeal under the Freedom of Information Act for the four (4) credentials that are required of all federal personnel currently seated on the United States District Court for the Southern District of California.

The U.S. Department of Justice has replied with only two (2) of the four (4) credentials that are required of Mr. Jeffrey T. Miller.

Relator also served Mr. Miller recently with a NOTICE AND DEMAND, BY AFFIDAVIT via Registered U.S. Mail, dated April 5, 2005 A.D., demanding that Mr. Miller exhibit the OPM Form 61 APPOINTMENT AFFIDAVIT that is required of him by the federal statute at 5 U.S.C. 3331.

The federal statute at 5 U.S.C. 2906 expressly and clearly designates the Clerk of Court as the legal custodian of said APPOINTMENT AFFIDAVIT.  See also 28 U.S.C. 453 (a separate Oath).

In his written reply to Relator, Mr. Miller issued an apparently bogus “order” dated 4/11/2005 to return Relator’s correspondence.

Relator then formally refused said bogus “order” with Relator’s NOTICE OF DEFAULT, BY AFFIDAVIT, dated April 19, 2005 A.D. and also mailed via Registered U.S. Mail.  See also 18 U.S.C. 1001.

Relator has also served a lawful and proper SUBPOENA IN A CIVIL CASE upon the Administrative Office of the United States Courts (“A.O.”), for all APPOINTMENT AFFIDAVITS and all OATHS OF OFFICE required of all justices, judges, magistrates, clerks and deputy clerks employed by the federal judiciary, nationwide.

That A.O. is now in contempt of court, for having failed to answer said SUBPOENA, or to produce any of said credentials.

Relator has served a second SUBPOENA IN A CIVIL CASE for the certified copies of all licenses to practice law, with oaths of office indorsed thereon by all members of the State Bar of California during the ten (10) calendar years beginning on January 1, 1994 A.D. and ending on December 31, 2003 A.D., as required by section 6067 of the California Business and Professions Code, and as authorized by the federal statute at 18 U.S.C. 1964(a).  See 28 U.S.C. 1652.

The McDade Act at 28 U.S.C. 530B requires all United States Attorneys to be similarly licensed.  See sections 6067, 6068, 6126, 6127 and 6128 of the California Business and Professions Code.

The State Bar of California are also in contempt of court for having failed to answer the latter SUBPOENA.

And, as if the above were not already serious enough, Relator has recently confirmed that there are two (2) foreign corporations chartered by the State of Delaware and registered at the website of the Delaware Secretary of State:

(1)           UNITED STATES OF AMERICA, INC.

(2)           UNITED STATES OF AMERICA CORPORATION

Relator has taken special note of the named “Plaintiff” in the instant case, and notoriously denies that any employees of the U.S. Department of Justice or of the Office of the U.S. Attorney have any powers of attorney to represent either of these two foreign corporations.  Compare 28 U.S.C. 547, in chief.

The terms “United States” and “United States of America” are not one and the same.  The former refers to the federal government, domiciled in the District of Columbia;  the latter refers to the fifty (50) States united by and under the U.S. Constitution.

The term “United States of America” occurs in several places in the U.S. Constitution, e.g. see Preamble.

In the case of Eisner v. Macomber, 252 U.S. 189, the U.S. Supreme Court held that Congress is barred from re-defining any terms used in the U.S. Constitution.

Therefore, it is apparent to Relator, based on his extensive research and litigation experience, that the attorneys for the “Plaintiff” have no powers of attorney to represent either the “United States”, “United States of America”, “UNITED STATES OF AMERICA, INC.”, “UNITED STATES OF AMERICA CORPORATION” or “UNITED STATES OF AMERICA”.

 

INCORPORATION OF ATTACHED DOCUMENTARY EVIDENCE

Relator hereby attaches a subset of supporting documentary evidence, as if all such documents were set forth fully here, and hereby certifies, under the laws of the United States of America, without the United States (federal government), that all attached documents are true and correct copies of the corresponding originals, so help me God, pursuant to the federal statute at 28 U.S.C. 1746(1).

See Supremacy Clause in the U.S. Constitution (Constitution, Laws and Treaties of the United States are all supreme Law of the Land).

 

Dated:   April 27, 2005 A.D.

 

 

 

Signed:  /s/ Paul Andrew Mitchell

         ________________________________________________

Printed: Paul Andrew Mitchell, Relator In Propria Persona


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):

 

NOTICE OF INTENT TO LODGE

VERIFIED CRIMINAL COMPLAINT,

ON INFORMATION

 

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                     Office of U.S. Attorney

880 Front Street, Ste. 4290        880 Front Street, Ste. 6293

San Diego 92101                    San Diego 92101

CALIFORNIA, USA                    CALIFORNIA, USA

 

Ralph Inzunza                      Michael Zucchet

c/o 202 “C” Street                 c/o 202 “C” Street

San Diego 92101                    San Diego 92101

CALIFORNIA, USA                    CALIFORNIA, USA

 

 

[Please see USPS Publication #221 for “addressing” instructions.]

 

 

Dated:   April 27, 2005 A.D.

 

 

 

Signed:  /s/ Paul Andrew Mitchell

         ________________________________________________

Printed: Paul Andrew Mitchell, Relator In Propria Persona