MEMO TO: Randy Parsons FROM: Paul Andrew, Mitchell, B.A., M.S. Counselor at Law DATE: October 15, 1996 SUBJECT: Plans I hope you will not mind if I am very direct with you in this memo. I wish to discuss some matters which require an executive decision by you, and I don't want to waste words or time. 1. There has been a lack of communication between me, Keven, and you with respect to my pay. When Keven requested my help at The Freedom Center, I quoted to him my retainer ($500) and my hourly rate ($75). You may already know that this is the going rate for attorneys in the federal Public Defender's Office, and about one-half the rates of private attorneys. Because Keven did not refuse or counter, I had to go on the presumption that these terms were acceptable to him, and to The Freedom Center, because he was speaking for it, like it or not. I also did not think I needed to confirm his authority to approve a legal services contract. Evidently, that authority is yours and not his, notwithstanding his affirmations to the contrary. 2. I have had several discussions with colleagues here, in California, and in other states on this subject. The unanimous consensus is that I should minimize my presence in Billings, or stay in Arizona entirely and support The Freedom Center via email, U.S. Mail, and the telephone. Much of that consensus derives from my attempt objectively to describe the living and working conditions in the bunk house. People winced when I told them how much cleaning and organizing I needed to do, just to feel comfortable, and how I was being forced to live on three and a half hours of sleep per night. I should have listened to Al, but now Al is persona non grata for reasons that are not entirely known to me. I know that I am not the most courteous and kind person in the world, but I cannot be a man for all seasons when the odds are stacked so heavily, and my living conditions are way below standard. Nor is it right to shoot the one who brings the message about these conditions. 3. I am concerned about the wisdom of having me do carpentry, HVAC, electrical, sheet rocking, plumbing and carpentry, just to have a room for sleep and privacy. That tells me that The Freedom Center does not have command of enough resources either to pay for lodging, or construct it, nor did The Freedom Center adequately anticipate what should have been obvious to any human being inviting another human being to live in. Also, I do not think that construction work is a good use of my time. If I were to begin such a project, I would want to finish it, so that I would not have to walk bare-footed on dusty concrete floors, or suffer a cold winter without heating and insulation. I know that Rudy must be delighted to have such work done "for free", but is it really "for free" when the litigation work must suffer directly? I think not. The bottom line here is that I do not think either Rudy, or The Freedom Center, have the resources available to create a basement bedroom at least as good as a basic motel room, using the Building Code as an objective standard. Please correct me if I am wrong about this. I hope I am, because it goes to your ability to keep this entire project alive. Memo 10/15/96 by Paul Andrew Mitchell: Page 1 of 4 4. I am also very concerned about Keven's level of commitment and ability to learn what he must learn to oversee FREEMAIL, the Intervention of Right, and any other programs we might develop to involve Americans in the Schweitzer case. There is something gnawing at me, way down deep, as I glance over at a man who is horribly overweight, and stares at his terminal for hours on end without a shirt and with piles of mess surrounding him. That does not bode well for The Freedom Center and for what it wishes to accomplish. Do you expect the Pentagon to be impressed, if and when we need to meet them behind closed doors? Ask any office manager, and they will tell you that Keven might last all of 4 hours, the first day on any new job. I know that your heart reaches out to him, because his parents are in jail, but you must understand that dead wood is not going to produce wins in a hotly contested courtroom. To me, Keven also seems very resentful of my skills, but he is blaming the messenger here, and that only aggravates the situation. I appreciate the willingness by both of you to stop smoking, but that has had no effect on Morley. One cigarette in my immediate environment is one cigarette too many. 5. I am also extremely concerned that Keven failed to inform me that The Freedom Center would be unable to pay me for my professional services, in a timely manner, if that is indeed the case. Is it? The Freedom Center is placing itself in a very precarious position to preach the common law and biblical principles, on the one hand, and then to invite a legal expert to help develop a comprehensive legal strategy for 20 criminal defendants, on the other hand, but without being up-front with him about their inability to pay him what he is worth. If you will take the time to study the definition of "fraud" in Black's Law Dictionary, you will find that it applies as well to any failure to disclose what should have been disclosed. If you select a man for his talent, and then engage his professional services to the point of buying a plane ticket so he can work on location, and of setting him up with a desk, computer, telephone, filing cabinets, fax machine, and so on, wouldn't it be fair for him to expect to be paid for the time he spent working on your behalf, particularly when he works double-time without a weekend off and only bills you for half as much? Memo 10/15/96 by Paul Andrew Mitchell: Page 2 of 4 6. Another concern of mine is that I was informed, only after I arrived, that I would be responsible for raising the funds necessary to pay for my services. This is another matter which should have been disclosed to me while I had a chance to accept, or reject, any offer package you had in mind. As you may already know, developing a sound legal strategy, and following the paperwork to its final fruition, both take a great deal of concentration, privacy, and insulation. Raising funds involves public relations, ringing telephones, outreach, advertising, and a solid Internet presence, to mention a few things, most of which are a total distraction from the intense focus required to develop and prevail with compelling legal arguments to a hostile federal judiciary. From experience, I can tell you that I have what it takes to do both of these jobs, but not within the same 8-hour day. As it is, I have worked almost 16 hours on each and every day I was there. This is excessive, and it begs for an emotional, physical, mental or medical breakdown. Moreover, requiring this kind of "contribution" will, for sure, make stamina and endurance impossible at a time when these goals should be foremost in your planning and resource allocation decisions. 7. I am also concerned about the lack of management which occurred when Dick and Charley showed up. Was I being tested for some unspecified future role, like "paralegal"? I hope you know by now that I will not be their secretary, their spelling coach, their grammar instructor, and their procedural mentor. This story about all the money they will "soon" bestow on The Freedom Center sounds like a trap, a Trojan Horse, and a wedge to achieve one of their main objectives: control of the strategy. I almost broke out laughing as Charley kept backing up on his last day there, to the point of falling down the stairs with his back to the basement. But, the reality of the whole situation was just too painful for me to laugh, so I almost cried. Did you notice? Charley miscalculated in a big way; he does not know how, when, or where I choose to be a warrior, and his defeat only dawned on him too late, as I drove my points into his chest. "How about the Queen of England?" he asked. Charley, you cannot stay on point; this is all too obvious to us now, after you wasted 4 days of our previous time with your ego, your greed, and your self-centered preoccupations. Can you really blame me for getting personal, particularly after he orders me to take a hike, with no authority for same? Now, that's real teamwork. Evidently, he did not know any of the events which had led up to my being there, such as the plans which I had written and published on the Internet, the briefs which I had mailed to you at my own expense, and the tentative commitment The Freedom Center had made to those plans. These two guys are from the dark ages, as far as I can tell. Did anyone offer to reimburse me for the time I spent and the Express Mail postage I bought? No. Memo 10/15/96 by Paul Andrew Mitchell: Page 3 of 4 8. The final thing I want to share with you is that Keven, evidently, failed to inform you that, before agreeing to work for The Freedom Center, I had already made a serious long-term commitment to tour the country with Richard McDonald, to conduct Supreme Law Seminars in every Union state over the next two years. This commitment amounts to 4 days of intense work on location, every month, plus another 4 days of travel (1 day there, 1 day back, for each seminar). When you add at least one day off each week, for rest and relaxation, you will find that I simply cannot devote 18 hours per day, 7 days per week, to the various cause(s) of The Freedom Center. I want you to know that I strongly disagree with some "Patriots" who feel that we will win this battle only by working our brains into mush, while our bodies and souls are screaming for rest, relaxation, recharge, love, friendship, privacy, and entertainment. People will say, "Get a life," and they will be right. So, I want to end this with the following proposal: If you will pay my first invoice in full immediately, I will drive back to Billings for a maximum of four weeks, but you must also make arrangements to complete the bedroom, with carpeting, painted sheet rock, light and heat, before I return there. I will not sleep, or work, in a construction zone; I've been there, and done that. Once is enough. I hereby reserve the right to return to Arizona on my own schedule after those four weeks have passed, and to provide The Freedom Center with professional services from the comfort of my own place. If you cannot pay my first invoice, now that it has been faxed to you, or if you and Rudy cannot finish the basement bedroom with outside contractors, there is no reason in this world why I should drive up there, except to fight for the compensation which The Freedom Center owes me for all the work I have done to date. Please don't get me wrong here, Randy: I like you very much, and I am philosophically and intellectually behind LeRoy Michael Schweitzer, but I cannot and will not work pro bono, or on a contingency basis, for him or any of his many co-respondents, certainly not after Broderick stiffs me for $10,000, Wallens stiffs me for $3,000, and Crawford stiffs me for $1,000 and threatens me criminally over a dozen times. Enough is enough. I have a right, and a duty, to defend my own life, liberty, and property, and this Memo is how I do that. Let us first begin by walking our own talk. Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Counselor at Law c/o 2509 N. Campbell, #1776 Tucson, Arizona state email: email@example.com website: http://supremelaw.com copies: Red Beckman, Billings, Montana state Memo 10/15/96 by Paul Andrew Mitchell: Page 4 of 4 # # #
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