NOTICE OF REFUSAL FOR CAUSE
TO: Mr. Edward T. Otto, YC-02
Director, Network Enterprise Center
Department of the Army
650 Wright Avenue
FROM: Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964
DATE: May 13, 2010 A.D.
SUBJECT: bootleg OPM Standard Form 61 APPOINTMENT AFFIDAVITS
Greetings Mr. Otto:
As you already know or should know, the Federal statute at 5 U.S.C. 3331 requires all individuals in the civil service or uniformed services of the United States (Federal government) to execute a solemn oath which imposes upon them a solemn obligation to “support and defend the Constitution of the United States against all enemies, foreign and domestic”.
That statute implements the Oath of Office Clause at Article VI, Section 3, in the Constitution for the United States of America.
Moreover, the Qualification Clause for President at Article II, Section 1, Clause 5, reads as follows:
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President, neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty-five Years, and been fourteen Years a Resident within the United States. [bold emphasis added]
As you can plainly see, the term “Citizen of the United States” occurs quite prominently in that eligibility requirement: it controls.
In light of your letter dated May 10, 2010 A.D., my question to you is this: how is it even possible for you, or anyone else who executes OPM Standard Form 61, to support and defend that Clause in the Constitution, if there is not available to you or any other personnel at the U.S. Army War College, any documentation defining the meaning of “Citizen of the United States” in that Qualification Clause?
The Federal criminal statute at 18 U.S.C. 912 makes it a serious felony Federal offense to impersonate an officer of the United States. Such impersonation can occur if a Federal employee is simply not eligible for the office which that employee claims to occupy; and, such impersonation can also occur if a Federal employee has failed to execute the required Oath of Office as described above.
Secondly, the Freedom of Information Act (“FOIA”) creates a Federal cause of action. By responding to our FOIA Request with a “bootleg” OPM Standard Form 61 which lacks the required OMB control number, and by transmitting same via U.S. Mail, you have provided my office with material evidence that Federal government officers and employees are now trafficking in counterfeit credentials, and using U.S. Mail to do so, in violation of the Federal criminal statutes at 18 U.S.C. 912 and 1341.
In point of law, a counterfeit credential is exactly the same as no credential at all. The Paperwork Reduction Act was enacted by Congress specifically to enlist the assistance of private Citizens with enforcing the requirement that all Information Collection Requests (“ICR”), like OPM Standard Form 61, must exhibit a valid OMB control number. If an ICR does not do so, it is automatically rendered a “bootleg request” which Congress directs us to throw into the trash can, where it belongs.
This is to advise you that ignorance of these pertinent laws is no excuse for violating them. See, in particular, the Federal criminal statutes at 18 U.S.C. sections 912, 1341 and 1961 et seq., for starters (impersonation, mail fraud and racketeering, respectively).
Allow me to recommend that you bring this matter to the immediate attention of your superior officers, and continue to escalate this matter all the way up to the Joint Chiefs of Staff.
It is the Joint Chiefs who received our original FOIA Request, and it is they who are now legally responsible for the many legal, and criminal, consequences of trafficking in counterfeit credentials.
Valid credentials are mandated by applicable provisions in the Constitution for the United States of America as lawfully amended, in pertinent Acts of Congress, and in their implementing Regulations as duly published in the Federal Register.
Thank you for your obedience to all applicable Federal laws and for your continued cooperation in this matter. My office considers this to be a very serious matter, even if you do not, and even if any current members of the Joint Chiefs of Staff do not.
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
Criminal Investigator and Federal Witness: 18 U.S.C. 1510, 1512-13
All Rights Reserved without Prejudice
Copy: General George W. Casey, Jr., Chief of Staff, U.S. Army