Posted by Paul Andrew Mitchell, B.A., M.S. on July 17, 1998 at 16:16:38:
In Reply to: Traffic Ticket posted by Paul Andrew Mitchell, B.A., M.S. on June 21, 1998 at 21:17:21:
Here is the letter to the Texas Attorney General,
demanding exhibition of all lawful statutory and
constitutional authorities whereby new car dealers
are compelled to convey the MSO to the State DOT:
[begin NOTICE AND DEMAND]
Office of Attorney General
Attention: Mr. Dan Morales
State Capitol Building
State of Texas
c/o USPS Post Office Box 12548
Austin 78711-2548/tdc
TEXAS STATE
Subject: Lawful Authority(s) to Convey MSO [sic]
to Texas Dept. of Transportation ("DOT")
Dear Attorney General:
Formal NOTICE AND DEMAND are hereby served upon your
office, to exhibit a certified copy of all lawful
legislative and/or constitutional authority(s),
if any, by which new car dealers within Texas state
are compelled to convey the original Manufacturer's
Statement of Origin ("MSO"), (also known as the
Manufacturer's Certificate of Origin), into the
permanent possession, control, and custody of the
Texas Department of Transportation, upon the first
sale of a new car or truck within Texas state [sic].
See the Tenth Amendment, in chief; also, 31 CFR
51.2 and 52.2 ("State" and "state").
Said certified copy(s) must be delivered to the
following United States Post Office no later than
5:00 p.m. (17:00) on May 31, 1998, via first class
United States Mail, no signature required:
Supreme Law Firm
Attention: Paul Andrew Mitchell, B.A., M.S.
c/o general delivery at:
2509 North Campbell Avenue, #1776
Tucson 85719/tdc
ARIZONA STATE
See USPS Publication #221 for the proper format to use
with foreign addresses. We reserve the Right to refuse
U.S. mail which is not properly addressed, and thus
not properly served. See Daly v. The National Life
Insurance Company of the USA, Indiana Supreme Court
(1878), paraphrasing: Congress can only create a
private corporation in its capacity as the legislature
for the federal zone.
Thank you very much for your immediate consideration,
and timely cooperation. Your silence in this matter
will activate estoppel, pursuant to Carmine v. Bowen,
and constitute fraud, pursuant to U.S. v. Tweel.
Full citations are available in Gilbertson's OPENING
BRIEF in the Supreme Law Library at Internet URL:
http://supremelaw.com/library
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Counselor at Law, Federal Witness,
Private Attorney General, and Candidate
for the U.S. House of Representatives
copies: The Internet (see below)
litigation files
p.s. I have redacted your email address
from copies of this message which
have been forwarded to the Internet,
to discourage abuse of your privacy.
[end NOTICE AND DEMAND]
:
: Begin by mailing a NOTICE AND DEMAND to your
: State Attorney General for certified copies of all
: LAWFUL constitutional and statutory authorities
: by which new car dealers in your state are
: compelled to convey the original Manufacturer's
: Statement of Origin to your State's Department of
: Transportation. File a routine request for
: mandatory judicial notice of same,
: in your court case.
: While you are waiting for the AG's response,
: move your court for an indefinite stay of
: proceedings, pending discovery of the MSO
: requested by the NOTICE AND DEMAND.
: You may need help here, but your BEST procedural
: move is to focus the court on enforcement of a
: Subpoena Duces Tecum, to COMPEL admission of
: the MSO into evidence. Your probable cause
: for this Subpoena is the DMV statute which
: requires new car dealers to convey the MSO
: to the DOT. Tell the court that you are
: expressly challenging the constitutionality
: of this statute, to perfect your record.
: Once the State is forced to admit that they
: do have this MSO, they will then have to explain
: how it was that they came to possess it. It is
: at this point that you allege fraud, and be
: prepared to carry your burden of proving fraud
: (because fraud is your burden to prove).
: The fraud is this: the new car dealers participated
: in a constructive fraud by failing to disclose
: to you that the MSO was being conveyed to the
: State DOT, and that such a conveyance thereby
: gave your State a controlling legal interest
: in the new car, rendering it a "motor vehicle"
: [sic] operating in interstate commerce. This
: fraud is propagated upon the sale of any used
: car as well, although the seller is not likely
: to be conscious of this failure to disclose
: what SHOULD have been disclosed.
: DO NOT PRESUME THAT THE STATUTE COMPELLING
: DEALERS TO DO SO IS CONSTITUTIONAL. ON THE
: CONTRARY, BE PREPARED TO CHALLENGE IT PROPERLY
: AND TIMELY.
:
: Do the above in addition to anything else you
: were planning to do, e.g., demand the State
: to produce a damaged and/or injured party.
: To be thorough, be prepared to rescind your
: application for driver's license, nunc pro tunc
: to the date of the original application, because
: it too was obtained under a constructive fraud,
: namely, that applying for a driver's license
: renders you a "person" operating in interstate
: commerce who must be licensed, as opposed to
: a private Citizen who is exercising the
: fundamental Right to travel and enjoy private
: property.
: Last but not least, to sue out the State's
: alleged legal interest in your car, the correct
: procedure, to quiet any disputes over the true
: owner(s), is a Quiet Title action. Confer at
: "Quiet Title" in C.J., C.J.S., and AmJur.
: QT may be a bit ambitious for you, and it
: may require that you transfer the case to
: a higher court (e.g. Superior Court in
: California, District Court in Texas), but
: it would be well worth the effort, since this
: will prove whether or not the State ever
: obtained any lawful interest in your car/truck,
: in the first instance (as opposed to a "legal"
: interest). Mandatory insurance is required to
: indemnify the State's "legal interest" in your
: "motor vehicle." Got it?
: Many of these steps may cause the court to
: begin collaborating with the State, in order
: to avoid a precedent that would ultimately
: be disastrous for all DMV scams throughout
: the 50 states of the Union. It would be MUCH
: cheaper for all concerned governments simply
: to dismiss your case, yes? :)
:
: Sincerely yours,
: /s/ Paul Andrew Mitchell, B.A., M.S.
: Counselor at Law, Federal Witness,
: Private Attorney General, and Candidate
: for the U.S. House of Representatives