"Karma and the Federal Courts"
by
Paul Andrew Mitchell
All Rights Reserved
(November 1996)
The law of karma is this:
what goes around, comes around. When you begin with freedom, freedom comes back
to dwell in your house.
And so, we have come to this
point in decoding Title 28
of the United States Codes: there are
two classes of federal "District Courts" in the federal court system.
One class is for the
federal zone; the other class is for the
State zone.
Using a very powerful rule
of statutory construction, "inclusio unius est exclusio alterius,"
we show that the phrase "District Court of the United States" refers
to federal courts for the State zone;
and the phrase "United States District Court" refers to
federal courts for the federal zone.
We have this on the
authority of the Supreme Court of the United States, most notably in the cases
of American Insurance Company v. 356 Bales of Cotton, and Balzac v.
Porto Rico [sic].
Now, here's the rub: Since
federal courts are creatures of statutes only, they can only cognize subject
matters which are assigned to them expressly by statutes.
When it comes to criminal
jurisdiction, the controlling statute is 18 U.S.C. 3231.
This statute grants
original jurisdiction to the District Courts of the United States (“DCUS”), but does not mention the United States
District Courts (“USDC”)!
How about them apples?
Remember this carefully:
Inclusio unius est
exclusio alterius (in Latin ).
Inclusion of one is
exclusion of others (in English).
Since the USDC is not
mentioned, its omission can be inferred as intentional. (Read that again, then confirm it in Black's
Law Dictionary, any edition).
So, from the historian's
point of view, Congress has permitted the limited territorial and subject
matter jurisdiction of the USDC to be extended, unlawfully, into the State
zone, and into subject matters over which said court has no jurisdiction
whatsoever.
This deception was
maintained as long as nobody noticed, but now it is obvious, and quite
difficult to change, without bringing down the whole house of cards (which is
happening, by the way. The Liege
firemen are literally hosing their own corrupt court buildings, so we're not
alone in this department of judicial tyranny.)
By the way, the famous
Belgian Firemen from Liege have been invited, via the Internet, to discharge
the Belgian debt to the United States by moving their talents State-side. They should return home debt free, in about
ten years or so, depending on available supplies of soap and water.
Imagine a sheet of Saran
Wrap, which has been yanked too far, by pulling it beyond the strict
territorial boundaries which surround the federal zone.
This is the United States
District Court (“USDC”), in all its limited Honors and tarnished glory.
Further proof of this bad
karma can be found by comparing 18 U.S.C. 1964(a) and 1964(c). Both statutes grant authority to issue
remedies to restrain racketeering activities prohibited by 18 U.S.C. 1962. Section 1964(a) grants civil
jurisdiction to issue injunctive relief to the DCUS; Section 1964(c) grants civil jurisdiction to issue injunctive
relief to the USDC. Both refer to the
exact same subject matter, namely, RICO (Racketeering Influenced and Corrupt
Organizations) activities.
So, when these two
statutes are otherwise identical, why did Congress need to enact two separate
statutes?
The answer is simple: one authority was needed for the DCUS, and
the other was needed for the USDC.
Simple, really, when the sedition by syntax is explained in language
which penetrates the deception.
Now, if this is truly the
case, and nobody has been able to prove us wrong about this matter, the United
States (federal government) is in a heap of trouble here, because it has been
prosecuting people in the wrong courts ever since the Civil War; furthermore, those courts have no criminal
jurisdiction whatsoever, because such an authority is completely lacking from
Titles 18 and 28, both of which have been enacted into positive law, unlike
Title 26, which has not been enacted into positive law. See Title 1 for details.
What do we do with this
earth-shaking discovery? Well, when any
federal case is filed, the criminal defendant should submit a Freedom of
Information Act (“FOIA”) request
immediately, for such things as any regulations which have been published in
the Federal Register, pursuant to the Federal Register Act, for 18 U.S.C. 3231.
It won't hurt to submit
similar FOIA requests for the credentials of all federal employees who have
"touched" the case in any way.
Since we already know that
there are no regulations for 18 U.S.C. 3231, and
that federal employees will usually refuse to produce their credentials, your
FOIA requests will be met with silence, whereupon you will file a FOIA
appeal. Once the appeal deadline has
run, you are in court.
But which court? Guess ...
... the answer is the
District Court of the United States.
What an amazing discovery, yes?
A United States District Judge in Arizona, in late Spring of 1996, ruled
that the United States District Court (“USDC”) is not the proper forum to
litigate a request under the FOIA. That
can only be because FOIA requests must be litigated in the District Court of
the United States (“DCUS”).
Now we have the United
States checkmated. The proper forum for
FOIA is now res judicata. If the
DCUS is the proper forum for FOIA, and if the USDC is NOT the proper forum for
FOIA, then the USDC is not the proper forum for prosecuting violations
of Title 18 either, because the USDC does not show up in 5 U.S.C. 552 or in 18 U.S.C. 3231!
Read that last paragraph
again, and again, until you get it.
It's okay to admit that you must read it several times; this writer once read a paragraph from Hooven and
Allison v. Evatt some 20 different times, until the meaning was finally
clear.
Inclusio unius est
exclusio alterius. The
omission by Congress of the USDC from 18 U.S.C. 3231 must
have been intentional; the maxim
certainly allows us to infer that it was intentional. Use of this maxim allows for us to exploit one of the most
powerful techniques in American jurisprudence.
It is called "collateral attack" -- a broadside, rather than a
head-on, collision.
Knowledge is power, and
power is freedom ...
... freedom. Freedom!
FREEDOM!!!
Love it.
Common Law Copyright
Paul Andrew Mitchell
Counselor at Law, Federal Witness
and Citizen of Arizona State
All Rights Reserved Without Prejudice
November 2, 1996
# # #
For a related essay, read "Sedition
by Syntax" by Ralph Schwan, in the Supreme Law Library.
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Paul Andrew Mitchell