NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS
TO: Donovan W. Frank
c/o U.S. District Court
180 East Fifth Street, Suite 700
St. Paul 55101
FROM: Paul Andrew Mitchell, B.A., M.S.
Private Attorney General
501 West Broadway #A-332
San Diego 92101
DATE: December 18, 2007 A.D.
SUBJECT: APPOINTMENT AFFIDAVIT required by 5 U.S.C. 2906, 3331
Greetings Donovan W. Frank,
The federal statute at 5 U.S.C. 2906 reads as follows:
The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to which the office pertains.
As of October 1, 2004 A.D., a proper SUBPOENA IN A CIVIL CASE was overdue for your OATH OF OFFICE and APPOINTMENT AFFIDAVIT.
We now infer that section 2906 supra renders you a material witness to either the existence, or absence, of the OPM Form 61 APPOINTMENT AFFIDAVIT mandated by the federal statute at 5 U.S.C. 3331.
DEMAND FOR SPECIFIC PERFORMANCE
Accordingly, formal DEMAND is hereby made of you to direct the designated legal custodian to locate, photocopy and transmit a true and correct copy of your APPOINTMENT AFFIDAVIT to the mailing location shown above no later than 5:00 p.m. on Friday, January 4, 2008 A.D.
Beyond that reasonable deadline, your silence will activate estoppel pursuant to Carmine v. Bowen, and it will also constitute fraud pursuant to U.S. v. Tweel.
Thank you for your timely and professional consideration.
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a), Rotella v. Wood