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Date: Fri, 18 Apr 1997 19:36:58 -0700
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From: Paul Andrew Mitchell [address in tool bar]
Subject: SLF: First Amendment Triumphs (1 of 5)
[This text is formatted in Courier 11, non-proportional spacing.]
"First Amendment Triumphs"
by
Paul Andrew Mitchell, B.A., M.S.
Counselor at Law and Federal Witness
All Rights Reserved
(1997)
Introduction
The prototype pleadings which follow this introduction are part
of a much larger strategy which is based on the latest knowledge
about the law of federal court jurisdiction.
Here is the general sequence:
1. Freedom of Information Act ("FOIA") requests are submitted
for the credentials of all government actors, including the
judge, followed by timely FOIA appeals.
2. Then, Final Notice and Demand for Proof of Power, Standing,
and Jurisdiction in the particulars (aka Bill of
Particulars), with same deadline as FOIA appeals:
a. Power of Attorney, if any, to represent the Plaintiffs
"United States of America" ("U.S.A.").
b. Standing to sue, if any, of Plaintiffs "U.S.A."
c. Original criminal jurisdiction, if any, of the United
States District Court ("USDC").
d. Regulations published in the Federal Register, if any,
for key statutes, e.g. Jury Selection and Service Act.
3. Affidavits of Default and of Probable Cause, if and when the
Department of Justice (and all other agencies) fail to
produce the certified evidence demanded above:
a. Testifies to DOJ's (or other agency's) failure to
produce certified evidence, on or before the stated
deadline
b. Testifies to existence of probable cause to charge
government actors with deprivations of fundamental
Rights under 18 U.S.C. 241 and 242, e.g. due process of
law as guaranteed by Fifth Amendment
c. Activates estoppel by acquiescence
4. Verified Petition for Warrant of Removal by 3-Judge Panel
a. seeks ORDER by three (3) qualified federal judges,
removing case from USDC, which has no jurisdiction, to
DCUS, which has jurisdiction
i. 3-judge panel requires challenge to apportionment
of congressional districts, based on two classes
of citizenship
b. Criminal defendant becomes civil Plaintiff.
c. New civil Respondents become "United States et al."
4. Complaint for Injunctive and Declaratory Relief
a. names USDC judge as civil Respondent (Doe #1)
b. compels production of admissible copies of the
credentials of the USDC judge, and entry into evidence
i. Oath of Office is most important
ii. Commission from President to be federal judge is
next in importance
c. provides prototype to compel production of all other
credentials, from all other actors
d. forces recusal of USDC judge for adverse and/or
pecuniary interest(s), pursuant to 28 U.S.C. 455
5. Subsequent pleadings contest the payment of federal income
taxes by any federal judge assigned to the DCUS, in
violation of Article III, Section 1, and Evans v. Gore.
a. O'Malley v. Woodrough is refuted for false premises,
namely:
i. there are two classes of citizenship, not one
ii. there is no law requiring federal judges to be
citizens of either class
6. Supplemental brief details rich history of Petition Clause,
as a fundamental federal question.
a. U.S. Supreme Court has held that Petition Clause
guarantees a Right conservative of all other rights
7. Other special pleadings are timely submitted, to:
a. refute the constitutionality of Jury Selection and
Service Act ("JSSA")
b. establish Plaintiff's Right to assistance of Counsel
c. petition for leave to institute Quo Warranto
proceedings
d. and all other federal questions arising under the
Constitution, laws, and treaties of the United States
8. New Plaintiff has option to stay the DCUS proceeding,
pending final resolution of challenge to constitutionality
of JSSA (if matter has not already been finally settled).
a. Rebuttal to first response of the United States is
available, via incorporation of Exhibit, by reference
b. History of related cases is recited
# # #
Attachment Converted: "C:\ATTACH\TRIUMPHS.doc"
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Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU
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