FORMAL NOTICE AND DEMAND TO: Wally Edgell, Ph.D. United States District Court P.O. Box 471 Wheeling, West Virginia state Postal Zone 26003/tdc FROM: Paul Andrew, Mitchell, B.A., M.S. Counselor at Law DATE: December 21, 1996 SUBJECT: FOIA Request for Your Credentials FORMAL NOTICE Thank you for your letter dated December 17, 1996, concerning Our FOIA request for your credentials, and those of two of your employees. The blanket FOIA exemption for the federal judiciary is unconstitutional for being overly broad, in violation of the First Amendment, the original Thirteenth Amendment, and Article VI, Clause 3 (Oath of Office) in the Constitution for the United States of America, as lawfully amended ("U.S. Constitution"). Taken together, these provisions bar federal officers and employees from exercising privileges which are not specifically enumerated in the U.S. Constitution. The FOIA cannot be used to prevent discovery and disclosure of the requisite proof of your authority (if any) to exercise the powers of the office you claim to occupy. We will, however, stipulate that you have a fundamental Right to protect the privacy of your signature, for example, to prevent forgeries. The Appointment Affidavits we have already received from other federal officers have, at times, come with the signature redacted. This is acceptable to Us. DEMAND Please regard this memo as a formal Notice and Demand for immediate production of the oaths of office required of you, and your employees, by Article VI, Clause, 3, and by 28 U.S.C. 951: Oath of office of clerks and deputies. See Supremacy Clause. NOTICE OF DEADLINE If you do not produce and serve upon Me certified and admissible copies of these required oaths of office no later than 5:00 p.m. on Tuesday, December 31, 1996, We will be entitled to proceed on the basis of the conclusive presumption that you (and they) have not executed the requisite oaths of office, and that you do not lawfully occupy the office(s) you now claim to hold. Silence creates estoppel by acquiescence. See Carmine v. Bowen. Sincerely yours, /s/ Paul Andrew Mitchell Paul Andrew, Mitchell, B.A., M.S. Counselor at Law and federal witness c/o 2509 N. Campbell, #1776 Tucson, Arizona state Postal Zone 85719/tdc email: supremelawfirm@altavista.net website: http://supremelaw.com copies: Disclosure Officer Administrative Office of the U.S. Courts One Columbus Circle, N.E. Washington, D.C. James E. Seibert U.S. District Court c/o P.O. Box 471 Wheeling, West Virginia state Frederick P. Stamp, Jr. U.S. District Court c/o P.O. Box 471 Wheeling, West Virginia state # # #
Return to Table of Contents for
U.S.A. v. Looker