Paul Andrew Mitchell, Sui Juris Citizen of Arizona state c/o general delivery at: 2509 North Campbell Ave., #1776 Tucson [zip code exempt] ARIZONA STATE In Propria Persona All Rights Reserved without prejudice JUDICIAL COUNCIL FOR THE NINTH CIRCUIT In re Charge of ) No. 96-80380 ) Judicial Misconduct ) NOTICE AND DEMAND ) TO APPEAR BEFORE A ) COMPETENT AND QUALIFIED ) FEDERAL GRAND JURY; ) VERIFIED CRIMINAL COMPLAINT; ) NOTICE OF REFUSAL FOR CAUSE ) ) 18 U.S.C. 4, 1504, 1512, 1513; ________________________________) Petition & Due Process Clauses COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona state, federal witness (hereinafter "Complainant"), and Vice President for Legal Affairs of New Life Health Center Company, an Unincorporated Business Trust domiciled in the Arizona Republic (hereinafter the "Trust"), formally to demand an opportunity to appear before a competent and qualified federal grand jury, pursuant to the second paragraph of 18 U.S.C. 1504; to bring and file a verified CRIMINAL COMPLAINT in the matter of the judicial misconduct which is the subject of the instant case; to refuse the ORDER AND MEMORANDUM for fraud by Mr. Procter Hug, as filed in the instant case on August 14, 1997, which ORDER allegedly dismissed the instant Complaint of Judicial Misconduct; and to provide formal Notice of the above to all interested party(s). Notice/Demand to Appear, Criminal Complaint, Refusal for Cause: Page 1 of 9 DEMAND TO APPEAR BEFORE A COMPETENT AND QUALIFIED FEDERAL GRAND JURY Complainant hereby demands an opportunity to appear before a competent and qualified federal grand jury, lawfully convened under auspices of the United States Court of Appeals for the Ninth Circuit, to provide sworn testimony concerning the events, alleged misconduct, and voluminous supporting documentation which have given rise to the instant Complaint. Complainant demands that said opportunity be created, and that said appearance occur, no later than November 30, 1997. The instant DEMAND is made pursuant to the second paragraph in 18 U.S.C. 1504, to wit: Nothing in this section shall be construed to prohibit the communication of a request to appear before the grand jury. [bold emphasis added] Complainant constructs said paragraph to mean that employees of all branches of the United States (federal government) are barred from obstructing such a request, delaying such a request, or otherwise preventing a request to appear before the federal grand jury from reaching the foreperson of the federal grand jury via first class, certified, and/or registered United States Mail. Complainant offers to prove that there are no statutes codified anywhere in the United States Code, or otherwise enacted by the Congress, which authorize federal judges, United States Attorneys, and/or clerks of the federal district courts, to delay, obstruct, or otherwise prevent the delivery of correspondence transmitted via United States Mail to the foreperson of a lawfully convened grand jury, particularly when said correspondence contains a lawful, and proper, request to appear before same and is transmitted with return receipt and restricted delivery services requested and purchased. Notice/Demand to Appear, Criminal Complaint, Refusal for Cause: Page 2 of 9 VERIFIED CRIMINAL COMPLAINT Complainant hereby formally charges the following named individuals, both jointly and severally, with the corresponding crimes enumerated infra: Mr. John M. Roll with: (1) obstructing correspondence transmitted via first class, certified, and registered United States Mail, under color of law (25 counts), in violation of 18 U.S.C. 1702; (2) tampering with a federal grand jury (25 counts), in violation of 18 U.S.C. 1512; (3) obstruction of criminal investigations (25 counts), in violation of 18 U.S.C. 1510; (4) deprivation of fundamental Rights under color of law, specifically the Right to Petition a federal grand jury for a formal investigation (25 counts), in violation of 18 U.S.C. 242; (5) conspiracy to commit all of the above (25 counts), in violation of 18 U.S.C. 241 and 371; (6) perjury before a judicial proceeding in the United States District Court (2 counts), in violation of 18 U.S.C. 1623. Mr. Robert L. Miskell with: (1) obstructing correspondence transmitted via first class, certified, and registered United States Mail, under color of law (25 counts), in violation of 18 U.S.C. 1702; (2) tampering with a federal grand jury (25 counts), in violation of 18 U.S.C. 1512; (3) obstruction of criminal investigations (25 counts), in violation of 18 U.S.C. 1510; (4) deprivation of fundamental Rights under color of law, specifically the Right to Petition a federal grand jury for a formal investigation (25 counts), in violation of 18 U.S.C. 242; (5) conspiracy to commit all of the above (25 counts), in violation of 18 U.S.C. 241 and 371; (6) perjury before a judicial proceeding in the United States District Court (2 counts), in violation of 18 U.S.C. 1623; (7) contempt of a United States District Court in the matter of enforcing a federal grand jury subpoena (2 counts), in violation of 18 U.S.C. 402. Notice/Demand to Appear, Criminal Complaint, Refusal for Cause: Page 3 of 9 Ms. Janet Napolitano with: (1) aiding and abetting the obstruction of correspondence transmitted via first class, certified, and registered United States Mail, under color of law (25 counts), in violation of 18 U.S.C. 2 and 1702; (2) aiding and abetting the act of tampering with a federal grand jury (25 counts), in violation of 18 U.S.C. 2 and 1512; (3) aiding and abetting obstruction of criminal investigations (25 counts), in violation of 18 U.S.C. 2 and 1510; (4) deprivation of fundamental Rights under color of law, specifically the Right to Petition a lawfully convened federal grand jury for a formal investigation (25 counts), in violation of 18 U.S.C. 242; (5) conspiracy to commit all of the above (25 counts), in violation of 18 U.S.C. 241 and 371. Mr. Richard H. Weare with: (1) aiding and abetting the obstruction of correspondence transmitted via first class, certified, and registered United States Mail, under color of law (25 counts), in violation of 18 U.S.C. 2 and 1702; (2) aiding and abetting the act of tampering with a federal grand jury (25 counts), in violation of 18 U.S.C. 2 and 1512; (3) aiding and abetting obstruction of criminal investigations (25 counts), in violation of 18 U.S.C. 2 and 1510; (4) deprivation of fundamental Rights under color of law, specifically the Right to Petition a lawfully convened federal grand jury for a formal investigation (25 counts), in violation of 18 U.S.C. 242; (5) conspiracy to commit all of the above (25 counts), in violation of 18 U.S.C. 241 and 371. Ms. Evangelina Cardenas with: (1) aiding and abetting the obstruction of correspondence transmitted via first class, certified, and registered United States Mail, under color of law (25 counts), in violation of 18 U.S.C. 2 and 1702; (2) aiding and abetting the act of tampering with a federal grand jury (25 counts), in violation of 18 U.S.C. 2 and 1512; Notice/Demand to Appear, Criminal Complaint, Refusal for Cause: Page 4 of 9 (3) aiding and abetting obstruction of criminal investigations (25 counts), in violation of 18 U.S.C. 2 and 1510; (4) deprivation of fundamental Rights under color of law, specifically the Right to Petition a lawfully convened federal grand jury for a formal investigation (25 counts), in violation of 18 U.S.C. 242; (5) conspiracy to commit all of the above (25 counts), in violation of 18 U.S.C. 241 and 371; Does 1 thru 10: (1) aiding and abetting the obstruction of correspondence, transmitted via first class, certified, and registered United States Mail, under color of law (one or more counts), in violation of 18 U.S.C. 2 and 1702; (2) aiding and abetting the act of tampering with a federal grand jury (one or more counts), in violation of 18 U.S.C. 2 and 1512; (3) aiding and abetting obstruction of criminal investigations (one or more counts), in violation of 18 U.S.C. 2 and 1510; (4) deprivation of fundamental Rights under color of law, specifically the Right to Petition a lawfully convened federal grand jury for a formal investigation (one or more counts), in violation of 18 U.S.C. 242; (5) conspiracy to commit all of the above (one or more counts), in violation of 18 U.S.C. 241 and 371; (6) retaliating against a witness, victim, or an informant (12 counts), in violation of 18 U.S.C. 1513; (7) misprision of felony (one or more counts), in violation of 18 U.S.C. 4. NOTICE OF REFUSAL FOR FRAUD Complainant hereby formally refuses Mr. Procter Hug's alleged dismissal of the instant Complaint of Judicial Misconduct, for all of the following reasons, to wit: (1) Mr. Hug's judicial compensation is presently being diminished unlawfully by federal income taxes, in violation of Article III, Section 1, of the Constitution for the United States of America, as lawfully amended; this diminution is evidence of a bias, and of an unlawful conflict of interest, because of the Notice/Demand to Appear, Criminal Complaint, Refusal for Cause: Page 5 of 9 existence of a prior contract with a real party of interest -- the "Internal Revenue Service" [sic], as represented by suspect Evangelina Cardenas alleging falsely to be a Special Agent [sic]. (2) Mr. Hug committed a serious error by merely insinuating that Complainant had violated one or more of the prohibitions of 18 U.S.C. 1504, without specifically enumerating any further details, when the second paragraph of said statute very clearly reserves to Complainant the Right to petition a competent and qualified federal grand jury for an opportunity to appear, and also for a formal investigation into testimony and documentary evidence which Complainant sought, and still seeks, to bring before said grand jury. It was not appropriate for Mr. John M. Roll either to keep, or to forward, communications to Mr. Robert L. Miskell, because said acts contributed directly to the obstruction of said communications and permanently prevented same from ever reaching the foreperson of said grand jury, in repeated and premeditated violations of 18 U.S.C. 241, 242, 371, and 1510. (3) Complainant has challenged officials of the United States Postal Service ("USPS") to produce all statutory and constitutional authorities which might otherwise permit, with impunity, a federal judge permanently to obstruct correspondence directed to the foreperson of a federal grand jury, and no such authorities were ever produced. On the contrary, every single employee of the USPS whom Complainant has approached with this question, has answered in the negative, namely, there are no authorities whatsoever which permit federal judges to obstruct first class, certified and/or registered United States Mail, when said mail was directed to the foreperson of a federal grand jury, and when return receipt and restricted delivery services were also requested and purchased from the USPS counter clerks. Notice/Demand to Appear, Criminal Complaint, Refusal for Cause: Page 6 of 9 (4) Mr. Hug admits to having made at most a "limited inquiry" into the voluminous documentation which Complainant has filed with the Clerk of the United States Court of Appeals for the Ninth Circuit, and which Complainant incorporated into the instant Complaint by reference, as if set forth fully herein. Moreover, Mr. Hug never made a judicial determination that the instant Complaint was extraordinary in any way, and yet Mr. Hug violated the Ninth Circuit's own rules for expeditious review of proper Complaints of Judicial Misconduct or Disability, by exceeding the guidelines for same. This "limited inquiry," and these unnecessary delays, in processing the instant Complaint, have combined to work an irreparable prejudice upon Complainant, in violation of Complainant's fundamental Rights to due process of law, as guaranteed by the Fifth Amendment in the Bill of Rights, and to Petition the Government for Redress of Grievances, in violation of the First Amendment in the Bill of Rights. Silence can be equated with a fraud where there is a legal or a moral duty to speak. Complainant hereby charges that Mr. Hug abused discretion by waiting an inordinate and unjustified amount of time, before alleging to dismiss the instant Complaint. VERIFICATION Complainant hereby verifies, under penalty of perjury, under the laws of the United States of America, without the "United States", that the foregoing statement of facts is true and correct, to the best of Counsel's current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). Notice/Demand to Appear, Criminal Complaint, Refusal for Cause: Page 7 of 9 PROOF OF SERVICE I, Paul Andrew, Mitchell, B.A., M.S., 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 and a Citizen of one of the United States of America, and that I personally served the following document(s): NOTICE AND DEMAND TO APPEAR BEFORE A COMPETENT AND QUALIFIED FEDERAL GRAND JURY; VERIFIED CRIMINAL COMPLAINT; NOTICE OF REFUSAL FOR CAUSE: 18 U.S.C. 4, 1504, 1512, 1513; Petition & Due Process Clauses by placing said document(s) with exhibits in first class United States Mail, with postage prepaid and properly addressed to the following individuals: ROBERT L. MISKELL [sic] John M. Roll [sic] Acapulco Building, Suite 8310 U.S. District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona state Tucson, Arizona state JANET NAPOLITANO [sic] Clerk of Court Acapulco Building, Suite 8310 United States District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona state Tucson, Arizona state Grand Jury Foreperson Postmaster In re: New Life Health Center Co. U.S. Post Office 55 E. Broadway Downtown Station Tucson, Arizona state Tucson, Arizona state Judge Alex Kozinski Evangelina Cardenas [sic] Ninth Circuit Court of Appeals "Internal Revenue Service" 125 S. Grand Avenue, Suite 200 300 West Congress Pasadena, California state Tucson, Arizona state Attorney General Solicitor General Department of Justice Department of Justice 10th and Constitution, N.W. 10th and Constitution, N.W. Washington, D.C. Washington, D.C. Thomas H. Basham Eugene A. Burns Federal Bureau of Investigation New Life Health Center Company 201 East Indianola 4500 East Speedway, Suite 27 Phoenix, Arizona state Tucson, Arizona state Chief Judge Ninth Circuit Court of Appeals c/o P.O. Box 193939 San Francisco, California Notice/Demand to Appear, Criminal Complaint, Refusal for Cause: Page 8 of 9 Executed on August 21, 1997: /s/ Paul Mitchell _______________________________________________________ Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Vice President for Legal Affairs, New Life Health Center Company, Tucson, Arizona state All Rights Reserved without prejudice Notice/Demand to Appear, Criminal Complaint, Refusal for Cause: Page 9 of 9 # # #