NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS

 

TO:       D. Brooks Smith

      c/o U.S. Court of Appeals for the Third Circuit

          21400 United States Courthouse

          601 Market Street

          Philadelphia 19106

          PENNSYLVANINA, USA

 

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

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

          501 West Broadway #A-332

          San Diego 92101

          CALIFORNIA, USA

          Fax: (619) 232-2011 (use cover sheet)

 

DATE:     January 19, 2009 A.D.

 

SUBJECT:  APPOINTMENT AFFIDAVIT required by 5 U.S.C. 2906, 3331

 

Greetings D. Brooks Smith,

 

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.

[emphasis added]

 

As of October 1, 2004 A.D., a proper SUBPOENA IN A CIVIL CASE was overdue for your OATH OF OFFICE and APPOINTMENT AFFIDAVIT.  Our FOIA Request for all 4 credentials required of you is also PAST DUE.

 

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 Monday, February 2, 2009 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.  See also 18 U.S.C. 912, 1341, 1961 et seq.

 

Thank you for your timely professional cooperation.

 

 

Sincerely yours,

 

/s/ Paul Andrew Mitchell

 

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

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