Time: Tue Mar 04 01:51:41 1997
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Date: Mon, 03 Mar 1997 22:20:57 -0800
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From: Paul Andrew Mitchell [address in tool bar]
Subject: L&J: SLS: Grand Jury case update
[This text is formatted in Courier 11, non-proportional spacing.]
NOTICE AND DEMAND BY AFFIDAVIT
TO: Robert H. Weare, Clerk of Court
William M. McCool, Deputy Clerk
James A. Walsh Courthouse
44 East Broadway
Tucson [zip code exempt]
ARIZONA REPUBLIC
FROM: Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law
DATE: March 4, 1997
SUBJECT: Criminal Misconduct by John M. Roll et al.
This is to place both of you on formal written notice that John
M. Roll is now under investigation by the Ninth Circuit Court of
Appeals, pursuant to a complaint of judicial misconduct filed
under authority of 28 U.S.C. 372(c), for his criminal misconduct
In re Grand Jury Subpoena Served on New Life Health Center
Company during calendar 1996 (see attached).
Moreover, the United States Postal Service has now failed to
produce any constitutional, statutory, or regulatory authorities
for a federal judge to obstruct correspondence directed to the
foreperson of a federal grand jury.
Last but not least, the United States (federal government) has
failed to produce any evidence, competent or otherwise, that the
United States District Court ("USDC") had subject matter
jurisdiction in said case in the first instance.
My AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE, executed, served,
and date-stamped on February 25, 1997, establishes said failure
as a matter of fact which remains unrebutted. This AFFIDAVIT,
and all other pleadings filed by Me in said case, are Petitions
to Government for Redress of Grievances, as that term is used in
the Petition Clause of the First Amendment in the U.S.
Constitution.
Any attempt(s) by either of you to deprive Me of My fundamental
Right to Petition Government for Redress Grievances, which Right
is guaranteed by the Petition Clause in the U.S. Constitution,
will be regarded as probable cause to charge both of you with
additional felony violations of 18 U.S.C. 242, deprivation of
fundamental Rights under color of law, and also 18 U.S.C. 241,
conspiracy to commit same.
DEMAND
I hereby demand that you file all attached and enclosed
document(s) forthwith In re Grand Jury Subpoena Served on New
Life Health Center Company, USDC Case Number #GJ-95-1-6, Tucson,
Arizona state, and that you do so on or before 5:00 p.m. on
Friday, March 7, 1997.
Notice and Demand by Affidavit: Page 1 of 4
VERIFICATION
I, Paul Andrew, Mitchell, B.A., M.S., Sui Juris, Citizen of
Arizona, federal witness, Counselor at Law, and Vice President
for Legal Affairs of New Life Health Center Company, pursuant to
a written appointment to same by Sheryl Smith, Trustee, hereby
verify, under penalty of perjury, under the laws of the United
States of America, without the "United States", that the above
statement of facts is true and correct, to the best of My current
information, knowledge, and belief, so help Me God, pursuant to
28 U.S.C. 1746(1).
FURTHER AFFIANT SAYETH NAUGHT.
Executed on March 4, 1997
/s/ Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell Avenue, #1776
Tucson, Arizona state
Postal Zone 85719/tdc
email: pmitch@primenet.com (586/Eudora Pro 3.0:
preferred, to conserve all resources)
phone: (520) 320-1514 (private line:
please get permission to disclose)
fax machine: (520) 320-1256 (dedicated hard copy:
available 24-hours per day or night)
fax modem: (520) 320-1513 (dedicated email line:
please call phone to switch software)
web site: http://www.supremelaw.com
copies: See PROOF OF SERVICE attached infra.
Notice and Demand by Affidavit: Page 2 of 4
PROOF OF SERVICE
I, Paul Andrew, Mitchell, B.A., M.S., hereby certify, under
penalty of perjury, under the laws of the United States of
America, without the "United States", that I am at least 18 years
of age and a Citizen of one of the United States of America, and
that I personally served the following document(s):
NOTICE AND DEMAND BY AFFIDAVIT
by placing said document(s) with exhibits in first class United
States Mail, with postage prepaid and properly addressed to the
following individuals:
ROBERT L. MISKELL [sic] John M. Roll [sic]
Acapulco Building, Suite 8310 U.S. District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona state Tucson, Arizona state
JANET NAPOLITANO [sic] Clerk of Court
Acapulco Building, Suite 8310 United States District Court
110 South Church Avenue 55 E. Broadway
Tucson, Arizona state Tucson, Arizona state
Grand Jury Foreperson Postmaster
In re: New Life Health Center Co. U.S. Post Office
55 E. Broadway Downtown Station
Tucson, Arizona state Tucson, Arizona state
Judge Alex Kozinski Evangelina Cardenas [sic]
Ninth Circuit Court of Appeals "Internal Revenue Service"
125 S. Grand Avenue, Suite 200 300 West Congress
Pasadena, California state Tucson, Arizona state
Attorney General Solicitor General
Department of Justice Department of Justice
10th and Constitution, N.W. 10th and Constitution, N.W.
Washington, D.C. Washington, D.C.
Thomas H. Basham Eugene A. Burns
Federal Bureau of Investigation New Life Health Center Company
201 East Indianola 4500 East Speedway, Suite 27
Phoenix, Arizona state Tucson, Arizona state
Chief Judge
Ninth Circuit Court of Appeals
c/o P.O. Box 193939
San Francisco, California
Notice and Demand by Affidavit: Page 3 of 4
Executed on March 4, 1997:
/s/ Paul Mitchell
_________________________________
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Vice President for Legal Affairs,
New Life Health Center Company, Tucson, Arizona state
all rights reserved without prejudice
Notice and Demand by Affidavit: Page 4 of 4
# # #
Certified U.S. Mail c/o 2509 N. Campbell, #1776
Serial Number #P-502-472-505 Tucson [zip code exempt]
Return Receipt Requested ARIZONA REPUBLIC
February 11, 1997
NOTICE AND DEMAND
Henry J. Bauman
Independent Counsel
Office of the Chief Postal Inspector
United States Postal Inspection Service
475 L'Enfant Plaza, S.W., Room 3417
Washington, D.C.
Re: Mail Fraud Conspiracy by United States District
Judge John M. Roll
Dear Mr. Bauman:
This is My formal NOTICE to you that I have received, but
not accepted, your letter to Me dated January 21, 1997, in which
you made an administrative determination, without citing any
authorities, that the conduct of United States District Judge
John M. Roll does not constitute a violation of Title 18, U.S.C.,
Section 1341, Mail Fraud. Please be informed of the fact that I
am specifically complaining of obstruction of mail generally, and
obstruction of correspondence, specifically. See 18 U.S.C. 1701
and 1702, respectively. Mr. Bauman, there are a very large
number of things which John M. Roll's conduct was not; but, his
conduct clearly obstructed numerous pieces of registered,
certified, and first class U.S. Mail which I prepared and mailed
myself, specifically to the foreperson of a federal grand jury.
Please be informed that I have previously discussed this
matter with several USPS employees, including counter clerks,
route carriers, and postmasters. Their opinions have been
unanimous in responding that federal judges do not have authority
to obstruct registered, certified, and/or first class United
States Mail, particularly when return receipt and restricted
delivery services have been requested and purchased, and
particularly when said mail has been specifically directed to a
federal grand jury foreperson. I relied upon those opinions in
My subsequent efforts to bring Judge Roll's conduct to the
atttention of proper government employees, and to claim the
rewards which are now rightfully Mine, regardless of whether you
prosecute the employees involved, or not.
DEMAND
Accordingly, I hereby make this formal demand upon you, and
upon the United States Postal Service in general, to provide Me
with a certified copy of all constitutional provisions, statutes,
and regulations which specifically authorize United States
District Judges to obstruct registered, certified, and first
class United States Mail, when restricted delivery and return
receipt services have been requested, and when said mail was
directed specifically to the foreperson of a federal grand jury
convened under auspices of a United States District Court.
NOTICE OF DEADLINE
Time is now of the essence. If you do not provide the
certified documents demanded above, on or before 5:00 p.m. on
Monday, March 3, 1997, I shall be entitled to proceed on the
basis of the conclusive presumption that the documents demanded
do not exist, as a matter of fact, and that there are no
constitutional, statutory, or regulatory authorities anywhere in
federal law which authorize United States District Judges to
obstruct registered, certified, and first class United States
Mail, when restricted delivery and return receipt services have
been requested, and when said mail has been directed specifically
to the foreperson of a federal grand jury. Your silence in this
matter will cause a fraud to be committed upon Me, pursuant to
U.S. v. Tweel, 550 F.2d 297, 299 (1977), and your silence will
activate estoppel by acquiescence, pursuant to Carmine v. Bowen,
64 A. 932 (1906).
Thank you very much for your consideration. I will look
forward to your timely and considerate response to this proper
and lawful Notice and Demand.
Sincerely yours,
/s/ Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness
copy: James A. Crawford
Postal Inspector
U.S. Postal Inspection Service
c/o P.O. Box 26320
Tucson, Arizona state
Postmaster
Coronado Station (point of origin)
United States Postal Service
c/o 255 North Rosemont Boulevard
Tucson, Arizona state
# # #
========================================================================
Paul Andrew, Mitchell, B.A., M.S. : Counselor at Law, federal witness
email: [address in tool bar] : Eudora Pro 3.0.1 on Intel 586 CPU
web site: http://www.supremelaw.com : library & law school registration
ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
Tucson, Arizona state : state zone, not the federal zone
Postal Zone 85719/tdc : USPS delays first class w/o this
========================================================================
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