Time: Wed Aug 13 04:19:29 1997
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Date: Wed, 13 Aug 1997 04:38:50 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in toolbar]
Subject: draft Agreement in Compromise
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[D R A F T]
Agreement in Compromise
between
Phoenix Newspapers, Inc.
and
Paul Andrew Mitchell
Counselor at Law
Phoenix Newspapers, Inc., its subsidiaries, agents and
representatives ("PNI") and Paul Andrew Mitchell ("Mitchell")
hereby do agree as follows:
Mitchell will change all geographic and mailing locations on all
of Mitchell's printed materials and electronic documents from
"ARIZONA REPUBLIC" [sic] to "ARIZONA STATE" [sic]. Mitchell
agrees to effect such changes no later than September 15, 1997.
PNI will conduct a comprehensive, independent audit of all
computer systems and delete all extant electronic copies and
destroy all printed copies of the book entitled The Federal Zone:
Cracking the Code of Internal Revenue, any edition and any
part(s) thereof. PNI's independent auditor will provide Mitchell
with a written report of the audit results, and certifications
that all extant copies have been removed from of PNI's computer
systems and electronic storage media, and that all extant printed
copies have been destroyed, no later than October 1, 1997.
Mitchell recognizes PNI's pending application for registered
trademark in the name "ARIZONA REPUBLIC" and agrees not to oppose
said application, via administrative or judicial proceedings.
Mitchell agrees to withdraw Mitchell's Freedom of Information Act
("FOIA") request for certain certified documents related to PNI's
application for registered trademark in the name "ARIZONA
REPUBLIC" [sic]. See Exhibit "A".
PNI agrees not to intervene in, interfere with, or otherwise
obstruct, the ongoing litigation, civil or criminal, in which
Mitchell is currently involved, as a litigant or Counsel.
PNI recognizes that PNI's attorneys have failed to provide
Mitchell with reliable evidence of any Power(s) of Attorney
authorizing said attorneys to represent PNI's legal interest(s),
and this failure has given Mitchell cause to negotiate and
consummate this agreement directly with PNI's corporate officers.
PNI recognizes that the United States District Court, which is
shown in the caption of the COMPLAINT bearing docket number
#CIV-97-0025, is a territorial court, authorized pursuant to
Article IV in the Constitution for the United States of America,
and to the decisions of the Supreme Court of the United States in
American Insurance v. 356 Bales of Cotton, 1 Pet. 511 (1828), and
Balzac v. Porto Rico [sic], 258 U.S. 298 at 312 (1922).
Agreement in Compromise between PNI and Paul Mitchell: Page 1 of
2
PNI recognizes that Arizona state is a member, in good standing,
of the Union of several states which are united by, and under,
the Constitution for the United States of America and, as such,
Arizona state is not a territory of the United States (federal
government) which is subject to the municipal jurisdiction of
said United States, pursuant to the Tenth Amendment.
PNI recognizes that Mitchell intended to use "ARIZONA REPUBLIC"
to identify geographic and/or mailing locations only, and never
intended to compete with, dilute, or otherwise infringe upon any
of PNI's existing rights in trademarks, registered or otherwise.
PNI recognizes that PNI's attorneys did fail to name an
indispensable party in PNI's COMPLAINT bearing docket number
#CIV-97-0025, which indispensable party is the United States
Postal Service ("USPS"), presently a municipal corporation of the
United States (federal government).
PNI recognizes that the proper construction of the Guarantee
Clause, in the Constitution for the United States of America, is
a matter which is now being litigated before the United States
Court of Appeals for the Eighth Circuit in St. Louis, Missouri,
and, for this reason, the meaning of the term "ARIZONA REPUBLIC"
[sic] is an unsettled question of law which continues to cause
confusion in the minds of the general public and USPS employees.
PNI will withdraw civil action #CIV-97-0025 with prejudice within
five (5) working days of the signing of this agreement.
PNI agrees not to compete with or otherwise infringe upon
Mitchell's established proprietary interests in the terms
"Supreme Law Firm", "Supreme Law School", "Supreme Law Library"
and "Supreme Law Forum", as those terms are currently recognized
by users of the Internet worldwide network of computers. PNI
recognizes that Mitchell does not capitalize these terms, because
of false associations with nommes de guerre ("names of war" in
French) and with the rules of martial law and/or martial rule.
PNI agrees to assign one or more reporters to investigate and
report on Mitchell's efforts to document judicial corruption, and
to restore integrity to the state and federal courts, in Arizona
state and in other states of the Union.
PNI agrees to hold Mitchell totally harmless for Mitchell's use
of the term "ARIZONA REPUBLIC" [sic] on printed and electronic
documents heretofore authored and/or distributed by Mitchell.
This agreement, and attached Exhibit "A", together constitute the
entire agreement between PNI and Mitchell.
Dated: _______________________ Dated:___________________________
______________________________ _________________________________
for PNI Paul Andrew Mitchell
Agreement in Compromise between PNI and Paul Mitchell: Page 2 of
2
# # #
c/o 2509 N. Campbell, #1776
Tucson [zip code exempt]
ARIZONA REPUBLIC
August 9, 1997
FREEDOM OF INFORMATION ACT REQUEST
Disclosure Officer
Office of Public Records
Patent and Trademark Office
Washington 20231/tdc
DISTRICT OF COLUMBIA
Subject: Trademark Status of "ARIZONA REPUBLIC" [sic]
Dear Disclosure Officer:
This is a request under the Freedom of Information Act, 5 U.S.C.
552 et seq., and regulations thereunder. This is My firm promise
to pay fees and costs for locating, duplicating, and mailing to
Me certified copies of the records requested below. Please
advise in advance if the total cost will exceed twenty-five
dollars of lawful United States money ($$25.00).
If some of this request is exempt from release, please furnish Me
with those portions reasonably segregable. I am requiring
certified copies of the documents requested, in lieu of personal
inspection of same.
Admissible documents requested:
1. Certified copy of the certificate of registered
trademark issued to Central Newspapers, Inc. [sic] for
the name "ARIZONA REPUBLIC" [sic], if any, pursuant to
the application for federal registration of "ARIZONA
REPUBLIC" [sic] filed on September 17, 1996, by Central
Newspapers, Inc.
2. Certified copy of the application for federal
registration of "ARIZONA REPUBLIC" [sic] filed on
September 17, 1996, by Central Newspapers, Inc. [sic].
3. Certified copy of the current regulations published in
the Code of Federal Regulations for administrative
review and public comments on applications for
registration of federal trademarks.
The requested records are not exempt from disclosure because
they:
(A) could not reasonably be expected to interfere with law
enforcement proceedings;
(B) would not deprive a person of a right to a fair trial
or an impartial adjudication;
(C) could not reasonably be expected to constitute an
unwarranted invasion of personal property;
(D) could not reasonably be expected to disclose the
identity of a confidential source;
(E) would not disclose techniques and procedures for law
enforcement investigations or prosecutions, and would
not disclose guidelines for law enforcement
investigations or prosecutions;
(F) could not reasonably be expected to endanger the life
or physical safety of any individual.
[see Exemption 7 in FOIA]
If you are not the correct person to whom this Freedom of
Information Act Request should be directed, kindly forward it to
the correct person.
Time is of the essence. If you have any questions about your
rights and obligations under 5 U.S.C. 552, may we recommend that
you contact the offices of the Attorney General, or the Solicitor
General, in Washington, D.C., for immediate assistance.
Please see U.S. Postal Service Publication #221 for addressing
instructions.
Thank you very much for your consideration, and for your timely
obedience to the controlling laws in this matter, specifically
the Freedom of Information Act and the Constitution for the
United States of America, as lawfully amended.
Respectfully submitted,
/s/ Paul Mitchell
Paul Andrew Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness
All Rights Reserved without Prejudice
[Please see USPS Publication #221 for addressing instructions.]
fax copy: Mr. Frank G. Long
c/o 2800 North Central Avenue, Suite 1600
Phoenix 85004-1047/tdc
ARIZONA REPUBLIC
# # #
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
email: [address in toolbar] : using Eudora Pro 3.0.3 on 586 CPU
website: http://www.supremelaw.com : visit the Supreme Law Library now
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
Tucson, Arizona state : state zone, not the federal zone
Postal Zone 85719/tdc : USPS delays first class w/o this
As agents of the Most High, we came here to establish justice. We shall
not leave, until our mission is accomplished and justice reigns eternal.
========================================================================
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