NOTICE AND DEMAND

FOR SPECIFIC PERFORMANCE

TO: Cathy A. Catterson, Clerk of Court

U.S. Court of Appeals for the Ninth Circuit

P.O. Box 193939

San Francisco 94119-3939

CALIFORNIA, USA

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

Private Attorney General and Plaintiff/Appellant,

Mitchell v. AOL Time Warner, Inc. et al. #02-15269

DATE: March 2, 2003 A.D.

FROM: probable cause under 18 U.S.C. 4

Greetings Cathy Catterson:

Please be advised that the U.S. Department of Justice (“DOJ”) have now confirmed that there is no Presidential Commission appointing Stephen S. Trott to a seat on the Ninth Circuit (see attached copy and APPELLANT’S SECOND MOTION FOR MANDATORY JUDICIAL NOTICE, BY AFFIDAVIT, properly served via U.S. Mail on February 25, 2003 A.D.)

Also, the docket entry dated 12/13/02 in the above entitled case now shows a “Susan P. GRABER” on the 3-judge panel, and Procter Hug is not shown. This suggests to me that the appeal docket either has clerical errors, or a subordinate of yours has now tampered with that docket, in violation of federal laws.

I have recently discovered evidence that the docket at the district court was also corrupted, in a manner that contradicts the docket certification that your office received from the District Clerk in Sacramento. The latter certification now appears to constitute probable cause to charge the District Clerk with perjury.

As you should already know, I vigorously object to the presence of Alfred T. Goodwin on any panel(s) assigned to my appeal, because he does not have a valid oath of office. His recent futile attempts to legislate changes to the oath of office required of all federal judges have now violated the Separation of Powers Doctrine.

Your office has also been properly and timely notified, several times now, that I have raised challenges to the constitutionality of certain Acts of Congress. You have now violated your duty to certify those challenges to the U.S. Attorney General, and you are personally liable to me for all actual and consequential damages that have resulted from your duty violation.

Your office has also received and docketed my PETITION FOR REHEARING EN BANC, and the APPLICATION FOR WRIT IN THE NATURE OF QUO WARRANTO filed by the United States ex rel. If you have not already done so, when do you plan to poll the full panel for en banc review?

Finally, pursuant to 28 U.S.C. 372(c), I have also executed a proper COMPLAINT OF JUDICIAL MISCONDUCT against Mr. William B. Shubb. However, you have not assigned a docket number, nor have you acknowledged that COMPLAINT in any manner whatsoever, contrary to your routine practice in the past.

As you may already know, the latter COMPLAINT contains certified evidence that Mr. William B. Shubb also lacks the requisite Presidential Commission to preside upon the Article III District Court of the United States for the Eastern Judicial District of California, in Sacramento. See 60 Stat. 440 (uncodified at 15 U.S.C. 1121).

Accordingly, I am hereby demanding that you begin immediately to investigate each of the issues discussed above, and to report your findings in writing to me, and to everyone listed below, within thirty (30) working days.

Please also be advised that my calendar is becoming rather crowded, due to increasing demands for my professional services. Please do not attempt to rush me in any matter affecting any of the cases for which I have any responsibility now, or at any time in the future.

Thank you for your prompt professional consideration.

Sincerely yours,

/s/ Paul Andrew Mitchell

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

Private Attorney General, 18 U.S.C. 1964;

and Plaintiff/Appellant of record,

Mitchell v. AOL Time Warner, Inc. et al.,

Ninth Circuit appeal #02-15269, 372(c) #02-89005

copies: Justice Sandra Day O’Connor, Supreme Court (supervising)

Judge Mary M. Schroeder, Chief Judge, Ninth Circuit

Judge Alex Kozinski, Ninth Circuit (supervising)

Office of the President, The White House, Washington, D.C.

Hon. John Ashcroft, Attorney General, Washington, D.C.

Rep. Ron Paul, House of Representatives, Washington, D.C.

Dr. John C. Alden, M.D., Federal Witness and eyewitness

SupremeLaw discussion list and message archive, the Internet

courtesy copy:

Hon. Richard E.L. Strauss, Presiding Judge

Superior Court of California, San Diego, California