Paul Andrew Mitchell, B.A., M.S.

Private Attorney General, 18 U.S.C. 1964(a)

c/o Forwarding Agent

501 West Broadway #A-332

San Diego 92101



Fax: (619) 232-2011 (use cover sheet)


All Rights Reserved

Without Prejudice









PHILIP J. BERG, ESQUIRE [sic],     )  Case No. 2:08-CV-04083 (RBS)


          Plaintiff                )


     v.                            )


BARACK HUSSEIN OBAMA et al.,       )


          Defendants.              )



United States                      )  NOTICE OF INTENT TO APPLY

ex relatione                       )  FOR LEAVE TO INTERVENE

Paul Andrew Mitchell,              )


          Applicant.               )


COMES NOW the United States (“Applicant”) ex relatione Paul Andrew Mitchell, B.A., M.S., Citizen of ONE OF the United States of America, Private Attorney General, Criminal Investigator and Federal Witness (hereinafter “Relator”) to notify this honorable Court of Applicant’s specific intent formally to apply for leave to intervene in the above entitled case, and to provide timely written Notice to all interested Parties of same.

The following meritorious issues warrant formal intervention by the United States (Federal government) at this time, to wit:

(1)     Plaintiff of record is claiming the title of “Esquire”, which is a Title of Nobility prohibited by the original Thirteenth Amendment ratified circa 1819.  Although the organic Constitution for the United States of America (hereinafter “U.S. Constitution”) did prohibit Titles of Nobility, the Framers omitted any penalty(s) for exercising same.  The latter Thirteenth Amendment cured that omission by imposing two (2) penalties for exercising any Title(s) of Nobility i.e. a loss of one’s citizenship and a bar from ever holding office anywhere in the United States of America (read 50 States of the Union).

(2)     Plaintiff also comes with a lengthy history of association with the legal profession in Pennsylvania.  Applicant intends to show, with verifiable and irrefutable evidence, that the legal profession as a whole persists in perpetrating demonstrable falsehoods about such pivotal matters as the Qualifications Clauses in the U.S. Constitution as lawfully amended.  Those falsehoods amount to fraud, chiefly because the Qualifications Clauses have never been amended.

Just to illustrate with one key passage, Plaintiff alleges incorrectly that Defendant Barack Hussein Obama must be a “natural born citizen” [sic].  Plaintiff also alleges that “Obama lost his U.S. citizenship” [sic].  First of all, the Qualifications Clauses spell “Citizen” with an UPPER-CASE “C”, not with a lower-case “c”.  Secondly, the class of American People who are identified in the Qualifications Clauses as eligible to serve in the Office of President are not “U.S. citizens”, but Citizens of ONE OF the United States of America.  The term “United States” in those Clauses means “States united”.  See People v. De La Guerra, 40 Cal. 311, 337 (1870).

Pablo De La Guerra was a Judge who signed the 1849 California Constitution, so he was in a position to know this important detail.

(3)  There are presently two (2) classes of citizens under American Laws never repealed, not one (1) class.  Those two classes are properly distinguished as “State Citizens” and “federal citizens”.  And, of utmost relevance to the instant case, a Federal court has already held -- correctly -- that federal citizens were not even contemplated when the organic U.S. Constitution was first being drafted.  See Pannill v. Roanoke, 252 F. 910, 914.

(4)     An unfortunate and far-reaching fraud has been perpetrated upon the entire American population because Congress chose instead to identify federal citizens with the wording “citizens of the United States”.  Clearly, the only difference between the latter wording, and the wording found in the organic Qualifications Clauses, is the change from an UPPER-CASE “C” to a lower-case “c” in the term “Citizen”.

(5)     The resulting confusion originates at least from the 1866 Civil Rights Act, which first created this second class of federal citizens.  Relator’s explanatory essay entitled “Before and After the Civil War” is attached hereto and hereby incorporated by reference, as if set forth fully here, to provide further clarification of the origins of this confusion.  Members of the legal profession, such as the Plaintiff, are quite habituated to citing ridiculous legal rationalizations for this deliberate confusion, among the most notorious of which is “idem sonans” i.e. words and phrases sounding the same are to be treated as one and the same for all legal intents and purposes.  The terms “Citizen of the United States” and “citizen of the United States” do sound identical when uttered verbally.

(6)     Further exacerbating the deliberate confusion that originates in the 1866 Civil Rights Act, the so-called Fourteenth amendment was never properly ratified.  See Dyett v. Turner, 439 P.2d 266, 270 (1968) and State v. Phillips, 540 P.2d 936, 941 (1975), for starters.  Even if it had been properly ratified, the language found in Section 1 is vague and deceptive.  The term “United States” has three (3) legal meanings, each different from the other.  See Hooven & Allison v. Evatt, 324 U.S. 652 (1945).  Relator has now proven, both in and out of court cases, that the phrase “subject to the jurisdiction of the United States” is properly understood to mean “subject to the municipal jurisdiction of Congress.”  This is so because the 1866 Civil Rights Act is Federal municipal law.

(7)     There is an enormous body of constitutional jurisprudence on which this honorable Court can and should rely to prove that Congress may not alter or re-define any term that is used in the U.S. Constitution without a properly ratified Constitutional Amendment.  See Eisner v. Macomber, 252 U.S. 189 (1920):  Congress cannot by legislation alter the Constitution, from which alone it derives its power to legislate, and within whose limitations alone that power can be lawfully exercised.  Relator has coined the unique term “Eisner Prohibition” to describe the bar imposed upon Congress by that holding in the Eisner decision -- a bar which Congress violates routinely.

(8)     Simply changing an UPPER-CASE “C” to a lower-case “c” violates not only the spirit but also the letter of the Eisner Prohibition supra.  This is all the more obvious to anyone with a high school education by confirming the definition of “Federal citizenship” in Black’s Law Dictionary, Sixth Edition, to wit:


Rights and obligations accruing by reason of being a citizen of the United States.  State or status of being a citizen of the United States.  [emphasis added]


(9)     The mere existence of that one legal definition is very condemning of the Congress that proposed the Fourteenth amendment.  The term “federal citizen” could and should have been used instead of the deliberately confusing term “citizen of the United States” that now permeates numerous Federal statutes.  Quod erat demonstrandum!

(10)   Further to clarify and elaborate the points already made above, Applicant also attaches and incorporates by reference the following essays and research materials compiled by Relator:


(a)     A Collection of Court Authorities in re Two Classes of Citizens”;


(b)     State Citizens Cannot Vote”;  and,

(c)     key excerpt from Dyett v. Turner supra.



I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (Federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1).  See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land).


Dated:   September 4, 2008 A.D.



Signed:  /s/ Paul Andrew Mitchell


Printed: Paul Andrew Mitchell, Private Attorney General

         All Rights Reserved without Prejudice


I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (Federal government), that I am at least 18 years of age, a Citizen of ONE OF the United States of America, and that I personally served the following document(s):





by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:


Clerk of the Court  (3x)            Barack Hussein Obama (1x)

Attn:  R. Barclay Surrick           United States Senate

U.S. Courthouse                     713 Hart Senate Office Building

601 Market Street                   Washington 20510

Philadelphia 19106-1797             DISTRICT OF COLUMBIA



Federal Election Commission (1x)    Democratic National Committee (1x)

999 “E” Street, N.W.                430 S. Capitol Street, S.E.

Washington 20463                    Washington 20003



Philip J. Berg, Esquire [sic]

555 Andorra Glen Court, Suite 12

Lafayette Hill 19444-2531




Dated:   September 4, 2008 A.D.



Signed:  /s/ Paul Andrew Mitchell


Printed: Paul Andrew Mitchell, Private Attorney General

         All Rights Reserved without Prejudice