Time: Wed Jun 18 20:24:38 1997
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Date: Wed, 18 Jun 1997 20:23:22 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Federal Rules of Criminal Procedure
References: <3.0.2.16.19970618171942.3437a1e2@pop.primenet.com>
At 06:31 PM 6/18/97 -0700, you wrote:
>> 28 U.S.C. 2072. Rules of procedure and evidence;
>> power to prescribe
>>
>> On the subject of rules, don't miss 28 U.S.C. 2072,
>> which grants authority to the U.S. Supreme Court
>> to promulgate rules for the USDC, but fails to
>> mention the DCUS. I conclude, therefore, that
>> the U.S. Supreme Court has no authority to
>> promulgate rules for the DCUS, because that
>> court is just not mentioned in 2072! And this
>> section embraces both civil and criminal
>> rules, and rules of evidence, because it mentions
>> "practice, procedure, and evidence". So, now the
>> SC can promulgate rules of criminal procedure,
>> but only for the USDC, but the USDC has no
>> criminal jurisdiction whatsoever.
>>
>> Go figure!
>>
>> See 18 U.S.C. 3231 for proof of that statement.
>>
>> WOW!!
>>
>> What's your construction?
>
>Okay, now wait a second. The Supreme Court of the United States is an
>Art. III court, correct? It is a Supreme Court for the continental
>United States.
It is the Supreme Court for the entire country,
state and federal zones, because the Constitution
created only "one supreme Court". Remember?
/s/ Paul Mitchell
http://www.supremelaw.com
As such, why would it have any authority to tell the
>courts in a United States Territory what to do?
Article IV, Section 3, Clause 2:
Congress delegated this authority
to the SC, to create rules of
practice, procedure, and evidence
in those courts.
It would not, unless
>Congress said they would _allow_ it to, and that is what 28 U.S.C. 2072
>is doing.
Yes! You have it. 28 U.S.C. 2072 is,
evidently, enacted pursuant to 4:3:2,
namely, to "make all needed Rules and Regulations
respecting the Territory or other Property
belonging to the United States ...." The USDC
is a territorial court, pursuant to American
Insurance v. 356 Bales of Cotton (John Marshall's
brilliant tract on the subject).
This is the clause which most Patriots ignore
at their great peril. Are you a Property
belonging to the United States? If Congress
thrust the whole nation into a secret
bankruptcy in 1933, and then gave the foreign
banks a lien on all American assets, as collateral
for their debt, then you may be regarded as
"Property belonging to the United States," no?
/s/ Paul Mitchell
http://www.supremelaw.com
>
>I went and looked at 18 U.S.C. 3231 which said Art. III courts shall
>have original jurisdiction over all offenses against the laws of the
>United States, exclusive of the territory tribunals. It then added that
>no part of Title 18 was to limit the power of territory tribunals. How
>is this proof that USDC has no criminal jurisdiction?
Confer at "Inclusio unius est exclusio alterius"
in Black's Law Dictionary.
The USDC is not mentioned, therefore,
its omission can be inferred as intentional.
The USDC has no criminal jurisdiction
whatsoever, because it is not mentioned
in 18 U.S.C. 3231. Now, can you find a
statute which grants criminal jurisdiction
to the USDC?
Ball is in your court now :)
/s/ Paul Mitchell
http://www.supremelaw.com
>
>> Remember the Wizard of Oz? The "Oz" is a metaphor
>> for the abbreviation we all use for "ounce". The
>> wizard of gold is a little man behind the curtain,
>> pulling strings to make his calliope whistle and
>> toot.
>>
>> Toot! Toot!! Whew! Whew!!
>
>Hehehe. Nice play on words.
>
>> /s/ Paul Mitchell
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
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