Posted by Paul Andrew Mitchell, B.A., M.S. on April 13, 1998 at 20:21:10:
In Reply to: Re: Does 28 U.S.C. 451 destroy posted by Dave on April 13, 1998 at 20:04:57:
hese [Territory of Florida] Courts, then, are not constitutional Courts… (continue as above)"
:
: Unfortunately my time and resources are limited and I have not been able to review the many other cases referenced besides those above and a few others. I can only state that the flavor I get from the cases I have reviewed is rather consistent and not alltogether in agreement with the entirety of your position. I cannot resolve your FOIA jurisdiction issue per the USDC at this time, given what I've read. Perhaps someone else out there can offer a few tidbits of insight on that score.
: As always, I welcome and look forward to your comments and/or rebuttals to my findings and interpretations.
: Dave
See 5 U.S.C. 552(a)(4)(B):
"district court of the United States" [sic]
Statutes conferring original jurisdiction
on federal courts are STRICTLY CONSTRUED.
Therefore, the DCUS is the court of
original jurisdiction to litigate FOIA
requests.
After giving you so much, I am now at a loss
to understand why you still have a problem
with FOIA.
Just read the statute!
Moreover, John M. Roll's decision In Re Grand
Jury Subpoena fully supported this construction:
"This [USDC] is not the proper forum to
bring a request under the Freedom of
Information Act."
... because the DCUS is the proper forum!!!
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Counselor at Law, Federal Witness
and Private Attorney General
p.s. I must ask you to do your own
homework on this subject. I cannot
do your homework for you, and I am
not asking you to do mine. Fair enough?