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Paul Andrew Mitchell <supremelawfirm@gmail.com>


OBJECTIONS re: Sainsbury v. Levi, No. 07-cv-4545: MEMORANDUM AND ORDER


Paul Andrew Mitchell, B.A., M.S. <supremelawfirm@gmail.com>

Tue, Apr 25, 2023 at 10:30 AM

To:  lfs@saxtonstump.com

Bcc:

Re:  "this story about the events of June 25, 1948 is a hoax"

 

 

Greetings Mr. Stengel:

 

With all due respect, after many years of difficult legal research and

related litigation counsel, we have many reasons to suspect that

attorneys for prisoners who made similar claims were simply

mislead and/or distracted from the major issue.

 

Those attorneys may also have been very reluctant to bite the hands

that feed them.

 

For example, the date of the following decision of the U.S. Supreme Court

is extremely revealing, when placed in its correct historical context:

 

"Furthermore, we cannot impute to Congress an intent now or in the future
to transfer jurisdiction from constitutional to legislative courts
for the purpose of emasculating the former
."

 

NATIONAL MUT. INS. CO. OF DIST. OF COL. v. TIDEWATER TRANSFER CO., 337 U.S. 582 (1949)
http://caselaw.findlaw.com/us-supreme-court/337/582.html

 

 

The far-reaching implications of that statement

are explored in some details in the resources

listed in this relevant Bibliography:

 

 

Chiefly, Willy v. Coastal Corp., as cited and quoted here,

is a controlling legal precedent;  it's also correct:

 

 

"federal courts, in adopting rules, are not free to extend or restrict

the jurisdiction conferred by a statute"

 

 

The offending and UNconstitutional "amendments" to the FRCrP

are archived here, for evidence purposes:

 

 

Your citation to Risquet further confirms the controlling relevance

of Willy v. Coastal Corp.:  not only may Rules of Court NOT

expand or restrict original jurisdiction, but also such amendments

to Rules of Court may not have any retroactive legal force or effects!

 

"that would merely mean that the predecessor statute to 18 U.S.C. §3231

were [sic] still in effect"  [probably should read "was still in effect"]

 

cf. 1940 Edition:

("district courts of the United States")

 

cf. 1909 Edition:

("circuit and district courts of the United States")

 

See ex post facto prohibition in the U.S. Constitution.

 

 

Furthermore, it does not require any extensive investigations

or protracted litigation to conclude that "district courts of the United States"

did enjoy original criminal jurisdiction for AT LEAST 159 YEARS:

from the Judiciary Act of 1789 to the two Acts of June 25, 1948.

 

And, that same "district court" STILL enjoys the same original jurisdiction --

EVEN TODAY.

 

 

To bring you up-to-date, we have requested the capable assistance

of the Law Library of Congress with this pressing inquiry;

specifically, we have asked them to point us to resources

that will help us determine whether or not the House of Representatives

did timely and lawfully vote for, or against, Senate "amendment No. 10":

 

 

Evidence of such a vote should be available somewhere!

 

The introduction to the latter Senate Report No. 1620 makes the following

important admission, to wit:

 

"The amendments proposed by the committee consisting of new legislation

enacted since passage of the bill by the House, perfecting amendments, and

corrections of printing errors, together with the reasons for each, are listed below."

 

Given your scholarly and erudite professional experiences,

the significance of the latter admission should be self-evident!

 

Any "new legislation enacted since passage of the bill by the House"

would clearly have required a proper, and timely, vote either for, or against,

by the U.S. House of Representatives.

 

By "timely" we mean circa June 18, 1948 e.g.:

 

However no such vote is recorded anywhere in the "Notes"

as published under 18 U.S.C. 3231 here:

 

 

Senate Revision Amendment

The text of this section was changed by Senate amendment.

See Senate Report No. 1620, amendment No. 10, 80th Cong.

 

Obviously, a timely vote by the House of Representatives is rather

conspicuous for its absence from the latter Historical and Revision Notes.

 

 

The United States ex rel. has a specific need to confirm, with proof,

(1)  the text of that section BEFORE it was "changed by Senate amendment"

-and-

(2)  the text of that section AFTER it was "changed by Senate amendment".

 

 

Meanwhile, we await correct answers from the Law Library of Congress.

 

 

Thank you for your professional consideration.

 

 

Bcc:  U.S. House of Representatives

 

 

--

Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S., Relator (retired / pro bono)
Private Attorney General, Civil RICO: 18 U.S.C. 1964;

Agent of the United States as Qui Tam Relator (4X),

Federal Civil False Claims Act: 31 U.S.C. 3729 et seq.


All Rights Reserved ( cf. UCC 1-308 https://www.law.cornell.edu/ucc/1/1-308 )