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

Private Attorney General, 18 U.S.C. 1964(a)

c/o Forwarding Agent

7115 N. Division St. #B-354

Spokane 99208

WASHINGTON STATE, USA

 

Fax: (509) 466-4999 (use cover sheet)

 

All Rights Reserved

Without Prejudice

 

 

 

 

UNITED STATES COURT OF APPEALS

THIRD CIRCUIT

 

PHILIP J. BERG, ESQUIRE [sic],     )  Appeal No. 08-4443

                                   )

          Plaintiff                )  USDC No. 2:08-CV-04083 (RBS)

                                   )

     v.                            )

                                   )

BARACK HUSSEIN OBAMA et al.,       )

                                   )

          Defendants.              )

-----------------------------------)

                                   )

United States                      )  AFFIDAVIT OF PROBABLE CAUSE

ex relatione                       )  AND DEMAND FOR MANDATORY

Paul Andrew Mitchell,              )  JUDICIAL NOTICE:

                                   )

          Applicant.               )  28 U.S.C. 1746(1);  and,

___________________________________)  FREV Rule 201(d).

COMES NOW the United States (“Applicant”) ex relatione Paul Andrew Mitchell, B.A., M.S., Citizen of ONE OF the United States of America, Private Attorney General, Criminal Investigator and Federal Witness (hereinafter “Relator”) to demand mandatory judicial notice by this honorable Court of Relator’s AFFIDAVIT OF PROBABLE CAUSE and SECOND NOTICE OF INTENT TO LODGE VERIFIED CRIMINAL COMPLAINT, ON INFORMATION infra, and to provide formal written Notice to all interested Party(s) of same.

Relator now testifies as follows in support of his VERIFIED CRIMINAL COMPLAINT, ON INFORMATION, to be lodged and served forthwith:

In the course of diligently investigating the specific location of Defendant Barack Hussein Obama’s natural birth, Relator has discovered two (2) official government documents which do settle the matter, once and for all.  Those two documents include the following:

 

(1)     PRESS RELEASE, Nairobi, November 05, 2008, issued by the Embassy of the Republic of Kenya, Washington, D.C.;  and,

 

(2)     NATIONAL ASSEMBLY, Official Report, Wednesday, 5th November, 2008, Pages 3259 to 3299 inclusive.

 

In the latter Official Report of the National Assembly of the Republic of Kenya, numerous references are made to Defendant Obama’s natural birth in that country e.g. find “son of the soil”.  Relator’s extensive legal and historical research indicates that this reference necessarily implicates the common law principle of jus soli (law of the soil, in Latin) whereby citizenship is established by virtue of the place of one’s birth on planet Earth.

 

INCORPORATION OF ATTACHED DOCUMENTS

The two (2) documents cited supra are attached hereto and hereby incorporated by reference, as if set forth fully here.

 

AFFIDAVIT OF PROBABLE CAUSE

Accordingly, Relator hereby testifies that the two (2) documents incorporated supra are true and correct, and both constitute material evidence establishing facts calling for the conclusion that Defendant Barack Hussein Obama was natural born in the Republic of Kenya, most probably at Coast Provincial Hospital in the city of Mombasa, Kenya.  From these facts Relator concludes that Defendant Barack Hussein Obama is not eligible for the Office of President of the United States of America.  Article II, Section 1, Clause 5 in the U.S. Constitution.

Further Relator sayeth naught.

SECOND NOTICE OF INTENT TO LODGE

VERIFIED CRIMINAL COMPLAINT, ON INFORMATION

On information and belief and on behalf of the United States (Federal government) appearing before this honorable Court ex rel. Paul Andrew Mitchell, Private Attorney General, Relator hereby declares his specific intent to lodge a VERIFIED CRIMINAL COMPLAINT, ON INFORMATION formally charging Defendant Barack Hussein Obama, and others as yet unnamed herein, with one or more counts of impersonating an Officer of the United States in violation of 18 U.S.C. 912, of impersonating a citizen of the United States in violation of 18 U.S.C. 911, of conspiracy against the United States in violation of 18 U.S.C. 371, and of conspiracy to engage in a pattern of racketeering activities in violation of 18 U.S.C. 1962(d).

This honorable Court of Appeals will also please take mandatory judicial notice of the published heading on the Federal criminal statute at 18 U.S.C. 911, which has no legal force or effect and which deceptively appears as follows:

“Citizen of the United States”

whereas the body of that statute, which does have legal force and effect, correctly uses the following nomenclature:

“citizen of the United States”

The former, of course, occurs in the Qualifications Clauses requiring candidates for the House, Senate and White House to be State Citizens aka Citizens of one of the United States of America;  whereas the latter occurs in the 1866 Civil Rights Act and in numerous subsequent Acts of Congress affecting federal citizens e.g. see the civil statute now at issue in the instant case at 42 U.S.C. 1983 (“any citizen of the United States” [sic]). Cf. Wadleigh v. Newhall, 136 F. 941 (1905).


REMEDY REQUESTED

All premises having been duly considered, the United States now appearing ex rel. Paul Andrew Mitchell, Private Attorney General, hereby petitions this honorable U.S. Court of Appeals for mandatory judicial notice of all attached documentation as itemized supra, and of Applicant’s SECOND NOTICE OF INTENT TO LODGE VERIFIED CRIMINAL COMPLAINT, ON INFORMATION supra, pursuant to Rule 201(d) of the Federal Rules of Evidence (“FREV”).

Thank you for your professional consideration.

 

VERIFICATION

I, Paul Andrew Mitchell, Sui Juris, hereby verify, under penalty of perjury, under the laws of the United States of America, without the “United States” (Federal government), that the above statement of facts and laws is true and correct, according to the best of My current information, knowledge, and belief, so help me God, pursuant to 28 U.S.C. 1746(1).  See Supremacy Clause (Constitution, Laws and Treaties are all the supreme Law of the Land).

 

Dated:   February 26, 2009 A.D.

 

 

Signed:  /s/ Paul Andrew Mitchell

         ______________________________________________

Printed: Paul Andrew Mitchell, Private Attorney General

         All Rights Reserved without Prejudice


PROOF OF SERVICE

I, Paul Andrew Mitchell, Sui Juris, hereby certify, under penalty of perjury, under the laws of the United States of America, without the “United States” (Federal government), 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):

AFFIDAVIT OF PROBABLE CAUSE AND

DEMAND FOR MANDATORY JUDICIAL NOTICE:

28 U.S.C. 1746(1);  and FREV Rule 201(d)

 

by placing one true and correct copy of said document(s) in first class United States Mail, with postage prepaid and properly addressed to the following:

 

Clerk of Court  (3x)

U.S. Court of Appeals for the Third Circuit

21400 United States Courthouse

601 Market Street

Philadelphia 19106

PENNSYLVANIA, USA

 

Philip J. Berg, Esquire [sic] (1x)  John P. Lavelle, Jr. (1x)

555 Andorra Glen Court, Suite 12    1735 Market Street, 51st Floor

Lafayette Hill 19444-2531           Philadelphia 19103

PENNSYLVANIA, USA                   PENNSYLVANIA, USA

 

 

Dated:   February 26, 2009 A.D.

 

 

Signed:  /s/ Paul Andrew Mitchell

         ______________________________________________

Printed: Paul Andrew Mitchell, Private Attorney General

         All Rights Reserved without Prejudice