MOTION FOR PROTECTIVE ORDER

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

c/o USMCFP #44202-086

P.O. Box 4000

Springfield, 65801-4000

Missouri, USA

In Propria Persona (initially)

In Forma Pauperis

United States District Court

Western District of Missouri

Southern Division / Springfield

United States ) Case No. 14-3460-CV-S-MDH-P

ex relatione )

Paul Andrew Mitchell, ) NOTICE OF MOTION AND

) MOTION FOR PROTECTIVE ORDER

Civil Cross-Plaintiff, ) SUA SPONTE:

)

v. ) 18 U.S.C. 1514(b)(1), 3771.

)

Nancy Dell Freudenthal, )

Stephan Harris, )

L. Robert Murray, )

Linda Sanders, )

Scott W. Skavdahl )

Kelly H. Rankin, )

Christopher Crofts, and )

Does 5 thru 100, )

)

Civil Cross-Defendants. )

_________________________________________)

Comes now the United States ex rel. Paul Andrew Mitchell, B.A., M.S.,

Citizen of Washington State (expressly not a federal citizen), Private

Attorney General under Civil RICO and Agent of the United States under

the False Claims Act, to petition this Court for a protective order,

as authorized by 18 U.S.C. 1514(b)(1) and 3771(a), (d)(1) and (d)(3),

for a preponderance of reasons including but not limited to those

considered in the following discussion, taken together with all other

pleadings previously filed by Relator and incorporated by reference

as if set forth fully here.

Relator now substitutes Scott W. Skavdahl, claiming to be a

U.S. District Court Judge, for John Doe #2; Kelly H. Rankin, claiming to

be a U.S. Magistrate, for John Doe #3; and, Christopher Crofts,

claiming to be a U.S. Attorney, for John Doe #4.

The Federal Statute at 18 U.S.C. 1514(b)(1) authorizes this

Court, upon its own motion (“sua sponte”) to issue a protective

order prohibiting harassment of a victim or witness in a Federal

criminal case or investigation, if the Court, after a hearing,

finds by a preponderance of the evidence that:

(a) harassment of an identified victim or witness in a

Federal criminal case or investigation exists; or,

(b) such an order is necessary to prevent and restrain

offenses under [18 U.S.C.) section 1513 (Retaliating

against a witness, victim, or an informant).

At 18 U.S.C. 1514(d)(1)(B), the word “harassment” is expressly

defined by Act of Congress as follows:

(i) causes substantial emotional distress in such a person;

and,

(ii) serves no legitimate purpose . . . .

Similarly, “serious act” is also expressly defined by Congress

at 1514(d)(1)(F):

the term “serious act” means a single act of threatening,

retaliatory, harassing, or violent conduct that is reasonably

likely to influence the willingness of a victim or witnesses

to testify or participate in a Federal criminal case or

investigation . . . .

“Course of conduct” is also expressly defined by Congress at

1514(d)(1)(A):

the term “course of conduct” means a series of acts over a

period of time, however short, indicating a continuity of

purpose . . . .

“Specific person” is also expressly defined by Congress at

1514(d)(1)(G):

the term “specific person” means a victim or witness in a

Federal criminal case or investigation, and includes an

immediate family member of such a victim or witness.

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And, the above terms combine to define “intimidation” at 1514(d)(1)(D):

the term “intimidation” means a serious act or course of conduct

directed at a specific person that –

(i) causes fear or apprehension in such person; and,

(ii) serves no legitimate purpose . . . .

Accordingly, the verified facts already found in this Court's

official records, and in the DWY Docket as already incorporated by

reference, call for the conclusions that:

(1) as a documented victim, qualified Federal witness and

Civil RICO investigator, Relator has suffered serious acts of

harassment (as defined above), including but not limited to a

course of conduct with a continuity of purpose to cause substantial

emotional distress, fear and apprehension, by means of false

search “warrant”, false arrest, multiple periods of solitary

confinement, continuous false imprisonment, “diesel therapy” torture,

sleep deprivation, and overt acts of retaliation, all serving no

legitimate purpose, in multiple violations of 18 U.S.C. 1513; and,

(2) as a documented victim, qualified Federal witness and

Civil RICO investigator, Relator has also suffered serious acts of

intimidation (as defined above), including but not limited to a

course of conduct with a continuity of purpose to cause substantial

emotional distress, fear and apprehension by means of malicious

and selective prosecution, vicious defamations per se, elder abuse,

written and spoken threats of forced and involuntary medication

using mind-altering and potentially dangerous psychotropic drugs,

threats of further solitary confinement, tortious interference with

his livelihood, with his professional education and business plans,

and with his utility patent pending and related computer storage

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research, all serving no legitimate purpose, in multiple violations

of 18 U.S.C. 1513.

On the Internet, for example, please see:

www.supremelaw.org/authors/mitchell/resume.htm

All of the above are serious acts of threatening, retaliatory

and harassing conduct that was intentional, premeditated and likely

to influence Relator's willingness to testify and to participate

as a witness, and Civil RICO investigator, in a Federal criminal

case, and in an ongoing investigation of missing and defective

credentials required by Law of Federal officers and employees.

Furthermore, violations of 18 U.S.C. 1513 are also RICO

“predicate acts” as defined by Congress at 18 U.S.C. 1961(1)(B).

Only two (2) such RICO predicate acts during any given 10-year period

constitute a “pattern of racketeering activity” as defined by Congress

at 18 U.S.C. 1961(5).

The sheer number of RICO predicate acts Relator has now endured

-- after volunteering to search for an estimated 2,500 children

reportedly missing in Tucson, Arizona circa 1996 -- easily exceeds

one hundred (100). For example, on the Internet please see:

www.supremelaw.org/cc/taylor/

www.supremelaw.org/cc/nlhc/

www.supremelaw.org/cc/aol/

www.supremelaw.org/cc/aol2/

Although it was never codified anywhere in the U.S. Code,

Congress also expressly authorized a liberal construction rule for

the RICO laws, as follows:

The provisions of this title shall be liberally construed

to effectuate its remedial purposes. P.L. 91-452, 84 Stat. 947,

October 15, 1970 (cf. Notes under 18 U.S.C. 1961)

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In conclusion, a prompt protective ORDER is justified and

necessary to prevent and restrain any and all further violations

of 18 U.S.C. 1513 directed at Relator, regardless of the source(s)

or motive(s) of those felony violations.

The Court should not stop here, however. In point of well

documented facts, the retaliations directed against Relator began

in earnest when his classic book “The Federal Zone” was stolen,

corruptly modified, and widely distributed via the Internet --

all without his knowledge or consent. After initial publication

in early 1992, he first discovered some of those criminal copyright

violations in December 1995, several months after the market for

that book was effectively saturated by all those “free” electronic

copies. Here, see 18 U.S.C. 2319 (Criminal infringement of a

In August 2001, he sued 129 recalcitrant suspects in the

Federal District Court in Sacramento, California, but all 48 defense

attorneys eventually turned up without proper licenses to practice

law in the State of California. On the internet, please see:

www.supremelaw.org/counsels.htm

www.supremelaw.org/cc/statebar/

That civil case was ultimately appealed to the U.S. Supreme

Court, and all 48 of those attorneys either fell totally silent,

or they formally waived their clients' right to answer this carefully

written and thoroughly researched brief:

www.supremelaw.org/cc/aol/cert.htm#drama

(read no rebuttals from any opposing parties)

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There are presently more than 110,000 discrete files maintained

at the latter Internet website. Relator is fond of pointing out a

simple numerical fact: if Users read just one file per day, then

after 100 years they will have read 36,525 files, or only one-third

of the files in the moderately large database! (Don't forget leap years.)

For purposes of justifying a protective order sua sponte,

Relator's Civil RICO case, filed in the Superior Court of California

with numerous Exhibits, does catalog many of the RICO “predicate acts”

which had already occurred by that time:

www.supremelaw.org/cc/aol2/

Notably, the Act of July 2, 1996, added 18 U.S.C. 2319 -- criminal

at 18 U.S.C. 1961(1)(B).

As defined by Congress at 18 U.S.C. 1961(5), the pattern of

racketeering activity did not stop with the Civil RICO complaint,

however; on the contrary, more obstruction of justice occurred when

many of the same Unlicensed ATTORNeys corruptly colluded with known

Federal impostors to prevent any jury trial(s). Relator never got

near a jury! The right of trial by jury is preserved to the parties

inviolate by Rule 38(a) of the Federal Rules of Civil Procedure.

One major finding did emerge from that Civil RICO lawsuit:

all Federal District Judges in California, about one-third on the

Ninth Circuit, and three (3) Associate Justices on the U.S. Supreme

Court turned up without valid licenses to practice law when they

were first admitted to The State Bar of California -- Kennedy, Breyer

and O'Connor:

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www.supremelaw.org/rsrc/commissions/

www.supremelaw.org/rsrc/oaths/

Relator therefore submits what should now be painfully obvious:

his ongoing investigation of missing and defective credentials,

required by Law of all Federal officers and employees, is the single

most powerful hypothesis explaining the bulk of all the criminal

retaliations he has suffered. To date, and to his knowledge,

not one single suspect has been prosecuted, despite numerous verified

criminal complaints (“VCC”) duly lodged, or filed, to satisfy legal

obligations imposed by 18 U.S.C. 4 (Misprision of felony).

It is not hard to prove that Civil Cross-Defendant Stephan Harris

has also conspired corruptly to retaliate against Relator for merely

requesting the U.S. Office of Personnel Management Standard Form 61

APPOINTMENT AFFIDAVITS and second OATH OF OFFICE required of Mr. Harris

by Article VI, Clause 3, by 5 U.S.C. 2104, 2903, 3331, 3332,

3333, and by 28 U.S.C. 951.

Rule 2 of the Federal Rules of Criminal Procedure was obviously

and painfully violated by DWY personnel when Relator's two (2) MOTIONs

TO DISMISS were never ruled on, nor was Relator ever allowed to see

any pleadings in opposition to those 2 MOTIONs.

Since when it is illegal to “request” oaths of office?

Is not such a “request” protected by the First Amendment?

And, is it not a felony violation of 18 U.S.C. 241 to conspire

with specific intent to infringe the free exercise and full enjoyment

of such a Fundamental Right?

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As if the above were not already more than sufficient to justify

a prompt protective ORDER, this Court is also encouraged to review,

and possibly also to study, the several documents assembled in support

of Relator's Mail Fraud Report (PS Form 8165), as lodged against one

William M. McCool:

Google site:supremelaw.org “The Case Against William M. McCool”

A man meeting his description showed up in the private parking

lot of Relator's Seattle apartment building in July 2013, and

proceeded to harass and intimidate Relator without providing any

forms of identification, even when asked to do so.

Relator pointed out that he needed an appointment, and had none;

but, the suspect and his companion refused to leave (read “trespass”).

The suspect did admit his “reason” for being there was a recent first-

class letter which Relator had mailed to the Director of the U.S.

Marshals Services in Washington, D.C., concerning probable cause of

malfeasance in the Office of the U.S. Attorney General. Relator

promptly reported the latter incident to three (3) Federal District

Judges seated on the USDC in downtown Seattle (USDC/WDWA).

REMEDIES REQUESTED

Relator now submits that more than sufficient justification exists

for a prompt protective ORDER detailing, at a minimum, each of the

following elements for his benefit:

(1) Relator's immediate release from any and all forms of detention

to unfettered Liberty, which is his Fundamental Right;

(2) a guarantee expediting Relator's safe passage back to Seattle,

Washington State e.g. U.S. Marshal escort from the USMCFP in

Springfield, Missouri thru airport security;

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(3) an emergency stipend of $10,000 USD cash to commence Relator's

immediate rehabilitation e.g. food, shelter, clothing, computer

and telecommunications equipment, and Internet access;

(4) appointment of a capable, qualified, experienced and zealous

civil rights lawyer legally to represent Relator with all

further adjudication of the instant case, pursuant to 28 U.S.C.

section 1915(e);

(5) a preliminary injunction enjoining and restraining all Federal

and IRS personnel from any further harassment or intimidation

of Relator, as those terms are defined at 18 U.S.C. 1514 supra;

(6) a preliminary injunction enjoining and restraining all past and

present “members” of The State Bar of California from any further

harassment or intimidation of Relator, as those terms are defined

at 18 U.S.C. 1514 supra;

(7) a preliminary injunction enjoining and restraining all Federal

and all IRS personnel from any and all forms of interference

with Internet domain supremelaw.org, or with any of Relator's

several email accounts;

(8) dismissal with prejudice of all charges alleged in the

“superseding indictment” still pending against Relator at the

USDC/DWY, Docket #2:14-CR-00027-NDF-2 aka 14-CR-27-F; and,

(9) any and all other appropriate relief which this honorable Court

deems just and proper for purposes of issuing a completely

satisfactory protective ORDER sua sponte in this case.

The above elements are really not too much to ask, given 18 YEARS

of frequent suffering Relator was forced to endure -- for research,

writing, teaching, counsel and court activism -- none of which ever

injured anyone or damaged any property.

Thank you very much for your professional consideration.

Dated: 11/25/2014

Sincerely yours, [signed Paul Mitchell PM]

/s/ Paul Andrew Mitchell, B.A., M.S. (chosen name)

Relator In Propria Persona (intially)

and In Forma Pauperis

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FORMAL NOTICE OF FIFTH AND SIXTH AMENDMENT VIOLATIONS

TO: Psychologists and Psychiatrists

USMCFP / Springfield

DATE: November 10, 2014 A.D.

RE: 18 U.S.C. 241, 242

TO WHOM IT NOW CONCERNS:

The following court case abstracts were provided to Cynthia Low

dba Forensic Psychologist at FDC/SeaTac on 4/26/2014, and to you

and your subordinates as Exhibit B-1.1 attached to my written

refusal of your BP-A0959 properly annotated to identify major errors:

“If defense counsel is not present at [a] psychiatric examination,

defendant should be asked by examiner whether he understands

that counsel is entitled to be present and if he consents to be

examined in the absence of counsel; defendant should further be

informed that examination is conducted on behalf of prosecution

and its results will be available for use against defendant

-- State v. Mains, 295 Or 640, 669 P.2d 1112 (1983)

“Statements made during course of [a] court ordered psychiatric

examination are 'testimonial' in nature; thus, compelled

utterances during course of examination must be viewed

as implicating [the] privilege against self-incrimination;

statements obtained under compulsion of court ordered

examination are not available to prosecution even for

limited impeachment purposes.”

-- Blaisdell v. Commonwealth, 372 Mass 753, 364 NE.2d 191 (1977)

“Protection of defendant's constitutional privilege against

self-incrimination and right to assistance of counsel

at [a] pre-trial court-ordered psychiatric examination requires

that [a] tape-recording of entire interview be given to his

and government's lawyer, and [an] in camera suppression hearing

be held to guarantee that court-ordered psychiatrist's testimony

will not contain any incriminating statements.”

-- State v. Jackson, 171 W Va 329, 298 SE.2d 866 (1982)

At no time on 11/6/2014 or 11/7/2014 did you or any of your subordinates

observe or comply with the clear requirements of the Fifth and Sixth

Amendments as stated above, even after you were provided with printed

hard-copy NOTICE of same no later than 10/1/2014.

Please also be informed hereby that a Counselor at USMCFP has now

threatened me, to my face, with destruction of evidence I authored

in my case. Destruction of material records may be a violation of

18 USC 1001 and/or 1519 and/or 2071. If “shredding” documents is

a standard “practice” at USMCFP, that may fully or partially explain

why some of you may have not received the case abstracts repeated above.

Respectfully submitted,

/s/ Paul Andrew Mitchell, B.A., M.S. [signed Paul Mitchell PM]

BOP Reg. No. 44202-086

[written: 14-3460-CV-S-MDH-P]

[new page]

[- C O P Y - PM]

5 As we have stated: “[The] individual's right to the protection of his own good name 'reflects no

more than our basic concept of the essential dignity and worth of every human being-a concept at the

root of any decent system of ordered liberty.'” Gertz v Robert Welch, Inc., 418 US 323, 31 L Ed 2d

789, 94 S Ct 2997 (1974) (quoting Rosenblatt v Baer, 383 US 75, 92, 15 L Ed 2d 597, 86 S Ct 669

(1966) (Stewart, J., concurring)); see also Milkovich v Lorain Journal Co., 497 US 1, 12, 111 L Ed 2d 1,

110 S Ct 2695 (1990) (“[H]e that filches from me my good name / Robs me of that which not enriches

him, And makes me poor indeed'” (quoting Shakespeare's Othello, Act III, scene 3)); Paul, 424 US, at

706, 47 L Ed 2d 405, 96 S Ct 1155 (“The Court has recognized the serious damages that could be

inflicted by branding a government employee as 'disloyal,' and thereby stigmatizing his good name”);

Wisconsin v Constantineau, 400 US 433, 437, 27 L Ed 2d 515, 91 S Ct 507 (1971) (emphasizing the

importance of “a person's good name, reputation, honor, [and] integrity”; holding that respondent was

entitled to due process before notices were posted stating that he was prohibited from buying or

receiving alcohol); In re Winship, 397 US 358, 363-364, 25 L Ed 2d 368, 90 S Ct 1068 (1970)

(“[B]ecause of the certainty that [one found guilty of criminal behavior] would be stigmatized by the

conviction . . ., a society that values the good name and freedom of every individual should not condemn

a man for commission of a crime when there is a reasonable doubt about his guilt”); Wieman v

Updegraff, 344 US 183, 190-191, 97 L Ed 216, 73 S Ct 215 (1952) (“There can be no dispute about the

consequences visited upon a person excluded from public employment on disloyalty grounds. In the

view of the community, the stain is a deep one; indeed, it has become a badge of infamy”).

Indeed, vindicating one's reputation is the main interest at stake in a defamation case, and that that

interest has always been held to constitute a sufficient “personal stake.” See, e.g., Paul, 424 US, at 697,

47 L Ed 2d 405, 96 S Ct 1155 (“[R]espondent's complaint would appear to state a classical claim for

defamation actionable in the courts of virtually every State. Imputing criminal behavior to an individual

is generally considered defamatory per se, and actionable without proof of special damages”); Gertz, 418

US, at 349-350, 41 L Ed 2d 789, 94 S Ct 2997 (“We need not define 'actual injury' . . . . Suffice it to say

that actual injury is not limited to out-of-pocket loss. Indeed, the more customary types of actual harm

inflicted by defamatory falsehood include impairment of reputation and standing in the community,

personal humiliation, and mental anguish and suffering”); L. Eldridge, Law of Defamation § 53, pp.

293-294 (1978) (“There is no doubt about the historical fact that the interest in one's good name was

considered an important interest requiring legal protection more than a thousand years ago; and that so

far as Anglo-Saxon history is concerned this interest became a legally protected interest comparatively

soon after the interest in bodily integrity was given legal protection”).

2LED2D

and conditions of the Matthew Bender Master Agreement.

[written: # 14-3460-CV-S-MDH-P]

[stamped: 44202086]