Time: Thu Aug 21 07:47:25 1997
Date: Thu, 21 Aug 1997 07:44:38 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in toolbar]
Subject: SLF: Criminal Complaint in Grand Jury case
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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
# # #
========================================================================
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
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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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