Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness and Counselor at Law c/o 2509 N. Campbell, #1776 Tucson, Arizona state zip code exempt Under Protest, Necessity, and by Special Visitation MONTANA SIXTEENTH JUDICIAL DISTRICT COURT, GARFIELD COUNTY People of the United States ) Case No. 2721 of America, ex relatione ) Paul Andrew Mitchell, ) NOTICE OF REFUSAL FOR FRAUD ) AND NOTICE OF INTENT TO Petitioners, ) REMOVE THIS ACTION INTO THE ) DISTRICT COURT OF THE vs. ) UNITED STATES, ON A ) FEDERAL QUESTION United States et al., ) ) Respondent. ) ______________________________) COME NOW the People of the United States of America (hereinafter "Petitioners"), ex relatione Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state, federal witness and Counselor at Law (hereinafter "Relator"), to refuse this honorable Court's ORDER dated the 13th day of August, 1996, in the above-entitled case, for fraud on its face. Confer at "fraud" in Black's Law Dictionary, Sixth Edition, to wit: Fraud. ... A false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act on it to his legal injury. [emphasis added] Notice of Refusal for Fraud and Intent to Remove: Page 1 of 4 Specifically, Petitioners submit that this Court's failure to rule on Their previous Petitions, in particular Their PETITION FOR CLARIFICATION concerning the meaning of "U.S. dollars" as that term has already been used by this Court, has worked a fraud upon Petitioners by concealing that which should have been disclosed. Petitioners submit that They are entitled to know, among other matters on which this Court has refused to rule, whether this Court intended to include Federal Reserve Notes in the category of U.S. dollars and to exclude them from the category of Freeman checks and other like tender, or, in the alternative, whether this Court intended to include Federal Reserve Notes in the category of Freeman checks and other like tender and to exclude Federal Reserve Notes from the category of U.S. dollars, as those terms were utilized by this Court. Petitioners also place all interested parties on formal Notice of Their intent, as expressed hereby, to remove the instant case into the District Court of the United States for further litigation on the federal question which has arisen by reason of the Defendants' failure to respond to the Freedom of Information Act ("FOIA") request which the Relator has previously submitted to the United States Department of Justice for the official credentials of all 633 alleged federal agents who rotated in and out of the Defendants' standoff with the Freemen of Justus Township, within the geographic venue of this honorable Court. See 5 U.S.C. 552 et seq. Finally, Petitioners hereby object to this Court's finding that the relief requested in the original Petition is moot because of the surrender of the Freemen. The original Petition requested the following relief: ... that there will be no further deprivation of life, liberty, or property without due process of Law, consistent with the Fifth Amendment to the Constitution for the United States of America, as lawfully amended. Notice of Refusal for Fraud and Intent to Remove: Page 2 of 4 Since the Freemen who surrendered are now either incarcerated, and/or in the custody of the United States District Court in Billings, Montana, the question of due process of law and its application to Their respective situations still remains quite an open question, and is hardly moot until due process of law, as that term is utilized in the Fifth Amendment to the Constitution for the United States of America, as lawfully amended, has been demonstrated by the United States, by the State of Montana, and by all Their respective political subdivisions, officers, employees, agents, assigns, and instrumentalities. Executed on September 23, 1996 Respectfully submitted, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness and Counselor at Law All Rights Reserved without Prejudice Notice of Refusal for Fraud and Intent to Remove: Page 3 of 4 PROOF OF SERVICE I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state, do hereby certify, under the laws of the United States of America, without the "United States," that I am at least 18 years of age, a Citizen of one of the United States of America, and that I personally served the following document: NOTICE OF REFUSAL FOR FRAUD AND NOTICE OF INTENT TO REMOVE THIS ACTION TO THE DISTRICT COURT OF THE UNITED STATES ON A FEDERAL QUESTION by placing one true and correct copy of same in first class United States Mail, with postage prepaid and properly addressed to the following individuals: Attorney General Department of Justice 10th and Constitution, N.W. Washington, D.C. zip code exempt Solicitor General Department of Justice 10th and Constitution, N.W. Washington, D.C. zip code exempt Dated: September 23, 1996 /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness and Counselor at Law All Rights Reserved without Prejudice Notice of Refusal for Fraud and Intent to Remove: Page 4 of 4 # # #
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People v. United States et al.