MEMO
TO: Captain Robert V. Palombo,
Commanding Officer
Integrated Support Command
United States Coast Guard
Coast Guard Island
Alameda 94501-5371
CALIFORNIA, USA
FROM: Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
DATE: November 22, 2003 A.D.
SUBJECT: Joe Banister
Greetings Captain Palombo:
At the specific request of certain anonymous American Citizens who requested my assistance via electronic mail, I am writing to transmit the enclosed documents for your review and consideration in the matter of Mr. Joe Banister.
I am informed, without confirmation, that some sort of hearing is scheduled for December 1, 2003 A.D. at which Mr. Banister will be a “defendant” [sic] and over which the U.S. Coast Guard is somehow claiming jurisdiction.
Please be advised that employees of the Internal Revenue Service are not required to execute an OPM Form 61 Appointment Affidavit, because that entity is domiciled in Puerto Rico.
As such, the IRS is expressly excluded from the definition of federal “agency” by the federal statute at 5 U.S.C. 551(1)(C) (governments of the federal Territories are not federal government agencies, for purposes of the Administrative Procedures Act).
Thus, any OPM Form 61 which Mr. Banister may have executed in the past is not competent evidence that he is under the jurisdiction of the United States at the present time, because Appointment Affidavits are not required of IRS employees, as a matter of law; they are counterfeits, as a matter of fact. There are also a very long history and recognized tradition which clearly separate civilian and military matters under current American Laws never repealed.
Moreover, even if Mr. Banister had ever served in the Armed Forces of the United States at any time in the past, the holding of the U.S. Supreme Court in the case of U.S. ex rel. Toth v. Quarles is entirely relevant in this matter. Mr. Banister may not be prosecuted or interrogated in, by, or under auspices of a military court martial, because the information available to me at the present time indicates that he is a private Citizen of California.
Captain Palombo, thank you very much for your consideration. If I can be of any further assistance, please do not hesitate to direct your subordinates to contact me at the following Internet email address:
Sincerely yours,
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
copy: Commandant
U.S. Coast Guard
2100 Second Street, S.W.
Washington, D.C.
Officer of the Day
U.S. Coast Guard Station
San Diego, California
Office of the Judge Advocate General
U.S. Coast Guard Station
Alameda, California