[NAME-OF-APPLICANT], Sui Juris
Citizen of [UNION-STATE] state
c/o [MAILING-LOCATION]
[CITY], [UNION-STATE] state
zip code exempt

In Propria Persona

All Rights Reserved without Prejudice





               DISTRICT COURT OF THE UNITED STATES

                  JUDICIAL DISTRICT OF MONTANA

                        BILLINGS DIVISION


People of the United States     )  Case No. CV 96-163-BLG
of America, ex relatione        )
Paul Andrew Mitchell,           )  NOTICE OF APPLICATION,
                                )  AND APPLICATION FOR
          Petitioners,          )  INTERVENTION OF RIGHT:
                                )
     v.                         )  FRCP Rule 24(a)
                                )  Article III, Section 1
United States et al.,           )
                                )
          Respondents.          )
________________________________)


COMES NOW  [NAME-OF-APPLICANT], Sui  Juris,  Citizen  of  [UNION-

STATE]  state   (hereinafter  "Applicant"),   to  apply  to  this

honorable Court  for Intervention of Right, and to provide formal

notice of same to all interested parties.

     Applicant hereby  sets forth the causes for this Application

for Intervention of Right, to wit:

     1.   Applicant is  not one  of the  named Persons or persons

identified among  the Respondents,  or the Relator, in the record

before this Court.

     2.   Applicant claims  interests relating  to the Rights and

properties which are the subject of the action.


             Application for Intervention of Right:
                          Page 1 of 18


     3.   Applicant is  so situated  that the  disposition of the

action may,  as a  practical matter, impair or impede Applicant's

ability to protect the interests of the Applicant.

     4.   To the  best of  the Applicant's  current  information,

knowledge, and  belief, the  interests of  the Applicant  are not

adequately represented by the existing Parties to the action.

     5.   Applicant requires  unbiased, competent,  and qualified

federal judges  whose compensation  is not  being  diminished  by

federal income  taxes, thus  eliminating a  major source of undue

influence upon  the judges who are appointed to preside over this

honorable Court.

                        REMEDY REQUESTED

     Wherefore,  Applicant   prays  that   this  Application  for

Intervention of Right be granted.


Executed on [MM/DD/YY3]

Respectfully submitted,


[SIGNATURE-OF-APPLICANT]
_____________________________________
[NAME-OF-APPLICANT], Sui Juris
Citizen of [UNION-STATE] state
All Rights Reserved without Prejudice



_____________________________________
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Relator


             Application for Intervention of Right:
                          Page 2 of 18


[NAME-OF-APPLICANT], Sui Juris
Citizen of [UNION-STATE] state
c/o [MAILING-LOCATION]
[CITY], [UNION-STATE] state
zip code exempt

In Propria Persona

All Rights Reserved without Prejudice






               DISTRICT COURT OF THE UNITED STATES

                  JUDICIAL DISTRICT OF MONTANA

                        BILLINGS DIVISION


People of the United States     )  Case No. CV 96-163-BLG
of America, ex relatione        )
Paul Andrew Mitchell,           )  BRIEF IN SUPPORT OF
                                )  APPLICATION FOR
          Petitioners,          )  INTERVENTION OF RIGHT,
                                )  WITH POINTS AND AUTHORITIES:
     v.                         )
                                )  FRCP Rule 24(a)
United States et al.,           )
                                )
          Respondents.          )
________________________________)


COMES NOW  [NAME-OF-APPLICANT], Sui  Juris,  Citizen  of  [UNION-

STATE] state (hereinafter "Applicant"), to plead the grounds upon

which this Application for Intervention is sought, to wit:

     1.   Applicant has previously filed a Freedom of Information

Act ("FOIA")  request  with  the  Office  of  the  United  States

Attorneys in  Billings, Montana  state, requesting  certified and

admissible copies  of the  implementing regulations, as published

in the Federal Register, for the following federal statutes:

     (a) 18 United States Code ("U.S.C.") Section 3231

     (b) Internal Revenue Code ("IRC") Section 7402

     (c) 28 U.S.C. 1861 et seq. (Jury Selection and Service Act)

     (d) 4 U.S.C. 105 et seq. (Buck Act)


             Application for Intervention of Right:
                          Page 3 of 18


     2.   The  language  of  18  U.S.C.  3231  very  clearly  and

expressly states, "The district courts of the United States shall

have original  jurisdiction,  exclusive  of  the  courts  of  the

States, of  all offenses  against the laws of the United States."

Under the  rule of statutory construction known as inclusio unius

est  exclusio  alterius  (the  inclusion  of  one  thing  is  the

exclusion of  all other  things  not  expressly  mentioned),  the

United States  District Courts  [sic] are not mentioned, as such.

Thus, their  omission can be irrefutably inferred as intentional.

See above rule defined in Black's Law Dictionary, Sixth Edition.

     3.   The Supreme  Court of  the United  States  has  already

clarified the important, even crucial, distinction between United

States District  Courts ("USDC"),  and the District Courts of the

United States  ("DCUS").   The  latter  Courts  are  Article  III

judicial forums;   the  former Courts  are Article IV territorial

tribunals, with no criminal jurisdiction whatsoever.

     4.   The courts  of appropriate  jurisdiction for violations

of Title  18, United States Code, are designated at Section 3231,

specifically naming  them  as  "district  courts  of  the  United

States" [sic].

     5.   There is  a distinct  and definite difference between a

USDC and a DCUS.  The words "District Court of the United States"

commonly describe constitutional courts created under Article III

of the  Constitution, not  the legislative courts which have long

been the federal courts for enclaves, territories and possessions

within the  federal zone.   See  International  Longshoremen's  &

Warehousemen's Union  v. Juneau Spruce Corp., 342 U.S. 237 at 241

(1952), 72 S.Ct. 235, 96 L.Ed. 275, 13 Alaska 536.


             Application for Intervention of Right:
                          Page 4 of 18


     6.   The term "District Court of the United States" commonly

describes Article  III courts  or "courts  of the United States",

and not  legislative courts  for the  Territories.   See American

Insurance Co.  v. 356  Bales of Cotton, 1 Pet. 511 (1828), 7 L.Ed

242;   International Longshoremen's  and Warehousemen's  Union v.

Wirtz, 170 F.2d 183 (9th Cir., 1948), cert. den. 336 U.S. 919, 93

L.Ed. 1082,  69 S.Ct.  641, reh. den. 336 U.S. 971, 93 L.Ed 1121,

69 S.Ct. 936.

     7.   Though the judicial system set up in a Territory of the

United States  is a  part of  federal  jurisdiction,  the  phrase

"court of  the United States", when used in a federal statute, is

generally construed  as not  referring to  "territorial  courts."

See Balzac  v. Porto  Rico, 258  U.S. 298 at 312 (1921), 42 S.Ct.

343, 66 L.Ed. 627.  In Balzac, the high Court stated:

     The United States District Court is not a true United States
     court established  under Article  III of the Constitution to
     administer the  judicial power  of the United States therein
     conveyed.    It  is  created  by  virtue  of  the  sovereign
     congressional faculty,  granted under Article IV, Section 3,
     of  that   instrument,  of  making  all  needful  rules  and
     regulations respecting the territory belonging to the United
     States.  The resemblance of its jurisdiction to that of true
     United  States   courts  in   offering  an   opportunity  to
     nonresidents of resorting to a tribunal not subject to local
     influence,  does   not  change   its  character  as  a  mere
     territorial court.
                                                 [emphasis added]

     8.   The distinction  within the  dual nature of the federal

court system  is also  noted in  Title 18,  U.S.C., Section 3241,

which states  that the United States District Court [sic] for the

Canal  Zone   shall  have  jurisdiction  "concurrently  with  the

district courts  of the  United States,  of offenses  against the

laws of the United States committed upon the high seas."


             Application for Intervention of Right:
                          Page 5 of 18


     9.   The distinction  between "district courts of the United

States" and  "United States  district courts" is readily apparent

in the  Section of  Title 18  dealing  with  civil  remedies  for

activities prohibited  by 18  U.S.C.  1962  (i.e.  racketeering).

Subsection (a)  of 28 U.S.C. 1964 makes explicit reference to the

Article III "district courts of the United States", as follows:

     (a)  The district  courts of  the United  States shall  have
     jurisdiction to  prevent and  restrain violations of section
     1962 of this chapter by issuing appropriate orders ....

                                                 [emphasis added]

Subsection (c)  of 28 U.S.C. 1964 makes explicit reference to the

Article IV "United States district court", as follows:

     (c)  Any person  injured in  his  business  or  property  by
     reason of  a violation  of section  1962 of this chapter may
     sue therefor in any appropriate United States district court
     ....
                                                 [emphasis added]

The language  of these  two subsections  is almost  identical  in

scope, with  the important  difference resulting from an apparent

need to legislate separate and distinct court authorities for the

Article  III   and  for  the  Article  IV  forums,  respectively.

Inclusio unius est exclusio alterius; also 28 U.S.C. 1441 et seq.

     10.  The Jury  Selection and  Service Act  at 28 U.S.C. 1861

declares the  policy of  the United  States (federal  government)

with respect to jury selection and service, to wit:

     It is  the policy of the United States that all litigants in
     Federal courts  entitled to  trial by  jury shall  have  the
     right to  grand and  petit juries  selected at random from a
     fair cross  section of  the community  in  the  district  or
     division wherein  the court  convenes.   It is  further  the
     policy of the United States that all citizens shall have the
     opportunity to  be considered for service on grand and petit
     juries in  the district  courts of  the United  States,  and
     shall have  an obligation  to serve  as jurors when summoned
     for that purpose.
                                 [28 U.S.C. 1861, emphasis added]


             Application for Intervention of Right:
                          Page 6 of 18


     11.  Rule  38  of  the  Federal  Rules  of  Civil  Procedure

expressly reserves to litigants the fundamental Right to trial by

jury as  guaranteed by  the Seventh Amendment to the Constitution

for  the   United  States   of  America,   as  lawfully   amended

(hereinafter "U.S. Constitution"), to wit:

     (a)   Right preserved.   The  right  of  trial  by  jury  as
     declared by  the Seventh Amendment to the Constitution or as
     given by  statute of the United States shall be preserved to
     the parties inviolate.
                                                   [FRCP Rule 38]

     12.  It is  well established  that there are two (2) classes

of citizenship  in America today:  (1) state Citizenship and  (2)

"Federal citizenship"  (confer in  Black's Law  Dictionary, Sixth

Edition).   A Person  may be a state Citizen without also being a

federal citizen,  even after  the so-called  Fourteenth Amendment

was forced upon the southern states after the Civil War, e.g.:

     There are,  then, under  our republican  form of government,
     two classes of citizens, one of the United States and one of
     the state.   One class of citizenship may exist in a person,
     without the  other, as  in the  case of  a resident  of  the
     District of  Columbia; but both classes usually exist in the
     same person.
                   [Gardina v. Board of Registrars, 160 Ala. 155]
                          [48 S. 788, 791 (1909), emphasis added]

     13.  Although the  organic U.S.  Constitution does utilize a

capital "C" in all references to state Citizens, and although the

so-called Fourteenth  Amendment and  all of  the Internal Revenue

Code ("IRC")  do consistently  utilize a  lower-case "c"  in  all

references to  federal citizens, Congress does not appear to have

adopted a  similar convention  in the  Jury Selection and Service

Act ("JSSA").   The  term "all  citizens" as that term is used in

section 1861  of that  Act must,  therefore, be construed to mean

and include  both state  Citizens and  federal citizens,  without

prejudice to any one particular class.


             Application for Intervention of Right:
                          Page 7 of 18


     14.  However, in  a subsequent section of said Act, Congress

clearly stipulates  that  only  federal  citizens  are  currently

qualified to  serve on  federal grand  and petit  juries.  See 28

U.S.C. 1865, to wit:

     ... [T]he  chief judge  of the district court, or such other
     district court judge as the plan may provide, shall deem any
     person qualified  to serve  on grand and petit juries in the
     district court unless he --

     (1)  is not  a citizen  of the  United States eighteen years
          old who has resided for a period of one year within the
          judicial district; ....
                                                 [emphasis added]

     15.  Thus, there  is a  clear  and  irreconcilable  conflict

between section  1861 and section 1865 in Title 28, United States

Code.  If Congress did intend to embrace all citizens, both state

and federal, within its policy for qualifying candidates for jury

service, then  section 1865  clearly discriminates  against state

Citizens, in  favor of federal citizens, for grand and petit jury

service, and  does so  with an  unconstitutional result,  namely,

such class  discrimination proves  that federal  grand and  petit

juries are  not  legal  bodies  which  have  no  power  to  issue

indictments or verdicts of any kind whatsoever.  Applicant hereby

stipulates  that   federal  citizens  do  not  have  standing  to

challenge the constitutionality of the JSSA;  state Citizens do.

     16.  Furthermore, it  is the  policy of  Congress  that  all

citizens shall  have  an  obligation  to  serve  as  jurors  when

summoned for  that purpose.   See 28 U.S.C. 1861.  The respective

Civil Codes  of the  several states  of the  Union, united by and

under the  U.S. Constitution,  contain explicit  provisions which

restrict the  kinds of  obligations which  can be  imposed by the

operation of  law.   For example,  in California  state, the only


             Application for Intervention of Right:
                          Page 8 of 18


obligation that  arises from  the operation  of law is to abstain

from injuring  the Person  or property  of another, or infringing

upon  any  of  His  Rights,  pursuant  to  section  1708  of  the

California Civil Code ("CCC").  All other obligations derive from

the contract  of the  Parties, under  the CCC and under the Civil

Codes of similar Union states.

     17.  Therefore, there  are currently many cases in which the

respective Civil  Codes of the several Union states are in direct

conflict  with  the  JSSA,  because  said  Act  imposes  a  legal

obligation upon  all citizens  to serve on grand and petit juries

when summoned  to do  so.   Traditionally, the  normal  means  of

resolving such  conflicts is  to rely entirely upon the Supremacy

Clause in  the U.S.  Constitution, that is, when conflicts arise,

federal law(s) prevail(s).  See Article VI, Clause 2 ("6:2").

     18.  Furthermore,  Congress   has  failed   to  mention  any

District Courts  of the United States [sic] anywhere in its "Plan

for Random Jury Selection" at 28 U.S.C. 1863, to wit:

     1863.  Plan for random jury selection

     (a)  Each United  States district  court [sic]  shall devise
     and place into operation a written plan for random selection
     of grand  and petit jurors that shall be designed to achieve
     the objectives  of sections 1861 and 1862 of this title, and
     that shall  otherwise comply  with the  provisions  of  this
     title.

One is  entirely justified in concluding that the omission of any

mention of  District Courts of the United States was intentional.

This raises  some very  important questions concerning the intent

of Congress,  if any, with respect to jury selection in the DCUS,

as distinct from the USDC.  Inclusio unius est exclusio alterius.


             Application for Intervention of Right:
                          Page 9 of 18


     19.  Evidently, it  is the  current intent  of  Congress  to

discriminate actively  against  state  Citizens  when  qualifying

candidates for  service on  grand and  petit juries  convened  by

United States  District  Courts.    See  28  U.S.C.  1861,  1865.

However, Congress  is presently  silent about federal policy with

respect to  jury selection  and service in the District Courts of

the United  States.   The JSSA  contains the following qualifying

definition of the term "district court of the United States":

     1869.  Definitions

     For purposes of this chapter -- ...

     (f)  "district  court   of  the  United  States",  "district
     court",  and   "court"  shall   mean  any   district   court
     established by  chapter 5 of this title, and any court which
     is created by Act of Congress in a territory and is invested
     with any  jurisdiction of  a district  court established  by
     chapter 5 of this title.


     20.  The  Declaration  of  Policy  at  section  1861  refers

specifically to  "district courts  of the  United States"  [sic].

See supra.   Chapter 5 of Title 28 contains the following section

concerning the "creation and composition of district courts":

     132.  Creation and composition of district courts

     (a)  There shall  be in  each judicial  district a  district
     court which  shall be  a court of record known as the United
     States District Court [sic] for the district.

     21.  Therefore, there  is a  policy for  jury selection  and

service, and  there is  a plan  for random jury selection, within

the  United   States  District  Courts  [sic];    but  there  is,

evidently, no  such policy  for jury  selection and  service, and

there is  no such  plan for  random jury  selection,  within  the

District Courts of the United States [sic].


             Application for Intervention of Right:
                          Page 10 of 18


     22.  Moreover, the JSSA is currently lacking any regulations

which have  been duly  promulgated and  published in  the Federal

Register.   See 44  U.S.C. 1505(a).   Applicant  submits that the

absence of  regulations for the JSSA restricts the application of

said Act  to federal  officers, employees,  and agents  only, and

cannot be  enforced upon  the inhabitants  of the  several  Union

states, whether they be state Citizens or federal citizens.  This

dearth  of   regulations  undermines  the  applicability  of  the

Supremacy Clause (6:2), in the event that Union state laws should

conflict with said Act with respect to the kinds of "obligations"

which can be imposed upon state Citizens by the operation of law.

     23.  Applicant  claims  a  fundamental  Right  to  presiding

judges who are unbiased, competent, and qualified to preside over

this Article  III judicial  forum.    Pursuant  to  Article  III,

Section 1,  of the U.S. Constitution, the compensation of federal

judges shall  not  be  diminished  during  their  Continuance  in

Office.  See also 28 U.S.C. 461(b).  The basis for this guarantee

was more  fully explained by the  Supreme Court in Evans v. Gore,

253 U.S. 245 (1920):

     [T]he primary  purpose of the prohibition against diminution
     was ...  to attract  good and competent men to the bench and
     to promote that independence of action and judgment which is
     essential to  the maintenance of the guaranties, limitations
     and pervading principles of the Constitution.

In Miles v. Graham, 268 U.S. 501 (1925), the high Court explained

which amount of compensation is protected against diminution:

     The words  and history  of  the  clause  indicate  that  the
     purpose was  to impose  upon Congress the duty definitely to
     declare what  sum shall be received by each judge out of the
     public funds  and the times for payment.  When this duty has
     been  complied   with  the   amount  specified  becomes  the
     compensation which  is protected  against diminution  during
     his continuance in office.


             Application for Intervention of Right:
                          Page 11 of 18


However,

     Evans and  Miles were  not the last words that the Court was
     to express on the issue of taxation of judicial incomes.  In
     O'Malley v.  Woodrough,  307  U.S.  277  (1939),  the  Court
     repudiated  both  Evans and  Miles  and  held  that  a  non-
     discriminatory general  income tax may be applied to federal
     judges without  diminishing judicial compensation within the
     meaning of the compensation clause.

                           ["The Constitutional Guaranty Against]
                          [Diminution of Judicial Compensation,"]
                         [UCLA Law Review, Vol. 24, pgs. 308-350]

After reviewing  O'Malley v.  Woodrough supra,  Applicant submits

that the  holding in  that case  is based  on a  faulty  premise,

namely, that  there is  only one  (1)  class  of  citizenship  in

America.   O'Malley should  be  overturned:    in  light  of  the

preponderance of  cases which  demonstrate  two  (2)  classes  of

citizenship;   in light of newly found evidence;  and in light of

the notable  and demonstrable  decline in  the American judiciary

since 1939, the year the Public Salary Tax Act was first enacted.

     24.  The basis for the O'Malley decision is the high Court's

mistaken belief  that a  federal judge  can be taxed in his (her)

capacity as  a citizen, without violating Article III, Section 1,

and without compromising the judge's competence and independence.

However, there  is nothing  in this decision to indicate that the

high Court  adequately understood  how two classes of citizenship

bear on this question (taxing the pay of federal judges).

     25.  The uncontroverted  evidence  establishing  the  failed

ratification of  the so-called  Sixteenth  Amendment  casts  this

entire debate  in an  entirely new  light.   See People v. Boxer,

California Supreme  Court, Case  Number S-030016,  December 1992.

The  fundamental   guarantees  against  direct  taxation  of  all

citizens without  apportionment, and  against diminution  of  the


             Application for Intervention of Right:
                          Page 12 of 18


compensation of federal judges, remain as operative today as they

were on  the day  the U.S.  Constitution was  first adopted.  See

1:2:3, 1:9:4,  and 3:1 in the U.S. Constitution, which have never

been repealed.  Repeals by implication are not favored.

     26.  Applicant submits  that the only logical basis on which

these  guarantees   can  now   be  avoided  is  the  doctrine  of

territorial heterogeneity.  Confer in The Federal Zone:  Cracking

the Code  of Internal  Revenue, Fourth  Edition, available on the

Internet via  the Alta  Vista search  engine;   see also  U.S. v.

Lopez, 131 L.Ed.2d 626 (1995):

     Each of  these [schools]  now has  an invisible federal zone
     [sic] extending  1,000 feet  beyond  the  (often  irregular)
     boundaries of the school property.
                                                 [emphasis added]

Here, the  U.S. Supreme Court utilized the term "federal zone" as

a common  noun, without any citations or footnotes.  The doctrine

of territorial  heterogeneity, as  such, is summarized as follows

in the  Conclusions of  The Federal  Zone:   Cracking the Code of

Internal Revenue, to wit:

     In exercising its exclusive authority over the federal zone,
     Congress  is   not  subject   to  the   same  constitutional
     limitations that  exist inside  the 50  States.    For  this
     reason, the  areas that  are inside  and outside the federal
     zone are  heterogeneous with  respect to  each other.   This
     difference   results   in   a   principle   of   territorial
     heterogeneity:   the  areas  within  the  federal  zone  are
     subject to one set of rules;  the areas without (or outside)
     the federal  zone are  subject to  a different set of rules.
     The Constitution  rules outside  the zone  and inside the 50
     States.   The Congress rules inside the zone and outside the
     50 States.   The  50 States  are, therefore,  in one general
     class, because  all constitutional  restraints upon Congress
     are in  force throughout the 50 States, without prejudice to
     any one  State.   The areas within the federal zone are in a
     different general  class, because  these same constitutional
     restraints simply do not limit Congress inside that zone.

        [The Federal Zone, electronic Fifth Edition, Conclusions]


             Application for Intervention of Right:
                          Page 13 of 18


     27.  In the  pivotal case of Downes v. Bidwell, 182 U.S. 244

(1901), which  is discussed  at several  places in  the book  The

Federal Zone supra, the U.S. Supreme Court established a doctrine

whereby the  Constitution for  the "United States", as such, does

not extend  beyond the  limits of  the states which are united by

and under  it.  This doctrine of territorial heterogeneity is now

commonly identified as the "Downes Doctrine."

     28.  This  doctrine   has  been   reinforced  by  subsequent

decisions of  the U.S. Supreme Court, notably, the case of Hooven

& Allison  v. Evatt, 324 U.S. 652 (1945), in which the high Court

ruled that  the guarantees of the U.S. Constitution extend to the

federal  zone   only  as   Congress  has  made  those  guarantees

applicable.   The United  States District  Courts  are  currently

established by  Congress as  territorial (federal  zone)  courts,

with constitutional  authority emanating from Article IV, Section

3, Clause 2, to wit:

     The Congress  shall have  Power to  dispose of  and make all
     needed Rules  and Regulations  respecting the  Territory  or
     other Property belonging to the United States;  ....

                       [U.S. Constitution, Art. 4, Sec. 3, Cl. 2]
                                                 [emphasis added]

     29.  Applicant wishes  to litigate  the instant case against

the United  States, and  against Does  1 thru 1000, in an Article

III Court  of competent  jurisdiction, and  with  judicial  power

appropriate to  the subject  matter.   In  particular,  Applicant

wishes to  invoke the  judicial power  of the  United  States  of

America,  among   several  reasons,   in  order   to  enjoin  the

Respondent(s) from withholding the agency records which Applicant

has requested  in lawful  and proper requests under the FOIA, and

to order the production of any agency records improperly withheld

from the Applicant.  See 5 U.S.C. 552(a)(4)(B), to wit:


             Application for Intervention of Right:
                          Page 14 of 18


     On complaint,  the district  court of  the United States ...
     has jurisdiction  to  enjoin  the  agency  from  withholding
     agency records  and to  order the  production of  any agency
     records improperly withheld from the complainant.

                          [5 U.S.C. 552(a)(4)(B), emphasis added]

     30.  In re:  Grand Jury  Subpoena Served  on New Life Health

Center Company,  USDC, Tucson,  Arizona, case  number  GJ-95-1-6,

United States  District Judge John M. Roll did rule that the USDC

is not  the proper  forum to bring a request under the Freedom of

Information Act  ("FOIA").  See ORDER dated May 21, 1996.  If the

USDC is  not the  proper forum to bring a request under the FOIA,

then neither  is it the proper forum for prosecuting any criminal

violations of  Title 18,  U.S.C.  See 18 U.S.C. 3231 quoted supra

and the  rules of  statutory  construction  in  Title  1,  U.S.C.

Singular and  plural refer  to the  same entity always.  Title 1,

U.S.C., has been enacted into positive law.

     31.  Applicant hereby  specifically complains  that Congress

knew, or  should have  known, that  the federal court of original

jurisdiction to  enforce the  FOIA is  the District  Court of the

United States  ("DCUS"), not  the United  States  District  Court

("USDC"), when  Congress published A CITIZEN'S GUIDE ON USING THE

FREEDOM OF INFORMATION ACT AND THE PRIVACY ACT OF 1974 TO REQUEST

GOVERNMENT RECORDS,  First  Report  by  the  House  Committee  on

Government  Operations,  Subcommittee  on  Information,  Justice,

Transportation, and  Agriculture, 1993 Edition, House Report 103-

104, 103rd  Congress, 1st  Session, Union  Calendar No. 53.  Said

CITIZEN'S GUIDE  incorrectly cited  the  United  States  District


             Application for Intervention of Right:
                          Page 15 of 18


Court ("USDC")  as the federal court of original jurisdiction for

judicial  enforcement   of  FOIA   requests.     See   5   U.S.C.

552(a)(4)(B).   There is  no statute  of  limitations  on  fraud,

whether actual or constructive.

     32.  In order  for this  case to  proceed forward, and it is

Petitioners' fundamental  Right under the Fifth Amendment that it

do so,  this  honorable  Court  must  be  seated  with  unbiased,

competent, and  qualified Judges  who  are  not  subject  to  any

outside executive  (or other)  controls whatsoever.   This means,

among other  things, that  Article III  judges must be designated

and temporarily appointed to preside over the instant case, whose

compensation is not being diminished by federal income taxes, and

whose integrity  and independence  from all other governments and

all  other   government  branches  are  unassailable  and  beyond

question.  Fundamental Rights are unalienable.

     33.  Applicant hereby  objects strenuously  to the existence

of any  contract, either  verbal or  written, either expressed or

implied in  fact, between  any  currently  seated  United  States

District Judge  or any  currently seated  Judge of  the Court  of

International Trade,  on the  one hand, and the "Internal Revenue

Service" [sic]  or any  other controlling interests, on the other

hand, on grounds of conflicts of interest.  Completed "IRS" Forms

W-4 and 1040 are expressed, written contracts.

     34.  Applicant is  guaranteed the  fundamental right  to  an

independent and  unbiased judiciary.   See  Evans v.  Gore supra.

The existence  of any  contract between  any presiding Judges and

any other  branch of  the  federal  government,  or  any  of  its

agencies,  assigns,   or  instrumentalities,  is  evidence  of  a


             Application for Intervention of Right:
                          Page 16 of 18


conflict  of  interest  and  proof  of  a  dependent  and  biased

judiciary.   See Lord  v. Kelley, 240 F.Supp. 167, 169 (1965) and

compare with  Evans  v.  Gore  supra,  to  measure  how  far  our

civilization has  degenerated under  the Downes  Doctrine.   This

honorable Court  will please  take formal  judicial notice of the

holding and  the dicta  in Evans, which case proves that American

courts have  an obligation to rule on matters which properly come

before them.


Executed on [MM/DD/YY3]


Respectfully submitted,


[SIGNATURE-OF-APPLICANT]
_____________________________________
[NAME-OF-APPLICANT], Sui Juris
Citizen of [UNION-STATE] state
All Rights Reserved without Prejudice



_____________________________________
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Relator
All Rights Reserved without Prejudice


                             #  #  #


             Application for Intervention of Right:
                          Page 17 of 18


[NAME-OF-APPLICANT], Sui JurisCitizen of [UNION-STATE] state
c/o [MAILING-LOCATION]
[CITY], [UNION-STATE] state
zip code exempt

In Propria Persona

All Rights Reserved without Prejudice






               DISTRICT COURT OF THE UNITED STATES

                  JUDICIAL DISTRICT OF MONTANA

                        BILLINGS DIVISION


People of the United States     )  Case No. CV 96-163-BLG
of America, ex relatione        )
Paul Andrew Mitchell,           )
                                )  ORDER TO ALLOW
          Petitioners,          )  INTERVENTION OF RIGHT:
                                )
     v.                         )  FRCP Rule 24(a)
                                )
United States et al.,           )
                                )
          Respondents.          )
________________________________)


Good cause  having been  shown by [NAME-OF-APPLICANT], Sui Juris,

Citizen of  [UNION-STATE] state in the above-entitled proceeding,

it is hereby:


     ORDERED that  [NAME-OF-APPLICANT], Sui  Juris, be allowed to

intervene in the above-entitled case.

     ORDERED this ________ day of ____________________, 19 _____,

at Billings, Montana state, United States of America.




__________________________________________
Judge, District Court of the United States
under Article III of the U.S. Constitution


             Application for Intervention of Right:
                          Page 18 of 18


                        PROOF OF SERVICE

I, Paul  Andrew, Mitchell,  B.A., M.S., Citizen of Arizona state,

federal witness  and Counselor  at Law,  do hereby certify, under

penalty of  perjury, 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(s):

        NOTICE AND APPLICATION FOR INTERVENTION OF RIGHT:
                         FRCP Rule 24(a)
   BRIEF IN SUPPORT OF APPLICATION FOR INTERVENTION OF RIGHT,
                  WITH POINTS AND AUTHORITIES:
                         FRCP Rule 24(a)
              ORDER TO ALLOW INTERVENTION OF RIGHT:
                         FRCP Rule 24(a)

by placing  one true and correct copy of same in first class U.S.

Mail, with postage prepaid and properly addressed to:


Attorney General              William H. Rehnquist, C.J.
Department of Justice         Supreme Court of the United States
10th and Constitution, N.W.   1 First Street, N.E.
Washington, D.C.              Washington, D.C.

Solicitor General             Office of the U.S. Attorneys
Department of Justice         Department of Justice
10th and Constitution, N.W.   c/o 316 North 26th Street
Washington, D.C.              Billings, Montana state

James M. Burns                Chief Judge
United States District Court  Ninth Circuit Court of Appeals
c/o 316 North 26th Street     c/o P.O. Box 193939
Billings, Montana state       San Francisco, California state

Warren Christopher            Judge J. Clifford Wallace
U.S. Secretary of State       Ninth Circuit Court of Appeals
Department of State           c/o P.O. Box 193939
Washington, D.C.              San Francisco, California state

LeRoy Michael; Schweitzer     Judge Alex Kozinski
Yellowstone County Jail       Ninth Circuit Court of Appeals
c/o 3165 King Avenue East     c/o P.O. Box 193939
Billings, Montana state       San Francisco, California state


Dated:  _________________________________________________________




Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Relator


                             #  #  #      


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Instructions for Intervention