NOTICE OF CRIMINAL INVESTIGATION

NOTICE OF CRIMINAL INVESTIGATION

TO: Hon. Brad Sherman, M.C.

2242 Rayburn Building

U.S. House of Representatives

Washington 20515-0524

DISTRICT OF COLUMBIA, USA

(202) 225-5911 tel

(202) 225-5879 fax

http://www.house.gov/sherman/contact/

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

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

representing the United States ex rel., Berg v. Obama

DATE: October 4, 2008 A.D.

SUBJECT: http://www.youtube.com/watch?v=nOdR5jBlZ-k&feature=related

Greetings Rep. Brad Sherman:

In the youtube.com video above, you clearly stated:

"A few members were even told that there would be martial law in America if we voted NO. That's what I call fear-mongering."

As you know or should know, extortion and attempted extortion are expressly prohibited by numerous State and Federal laws, prominent among which is the Federal criminal statute at 18 U.S.C. 1951. The latter felony Federal offense is also a racketeering “predicate act” as itemized in the RICO statute at 18 U.S.C. 1961 et seq.

On the point that arises from your excellent comments before that session of the U.S. House of Representatives, my office has already done a modicum of legal work concerning suspensions of any provisions of the Constitution for the United States of America. Very briefly, the great Writ of Habeas Corpus is the ONLY constitutional provision that can be suspended, and then ONLY by means of legislative action.

In reviewing General Principles of Constitutional Law, by Judge Thomas M. Cooley, Boston, Little, Brown and Company (1891), my office has been pleased to discover the following pertinent paragraphs, to wit:

It has been well said that the suspension of the habeas corpus is a suspension of Magna Charta, and nothing but a great national emergency could justify or excuse it. The Constitution limits it within narrower bounds than do the legislative precedents in Great Britain. The power to suspend this privilege is a legislative power, and the President cannot exercise it except as authorized by law [citing Ex parte Merryman].

[Suspension of the Writ, page 300 supra]

[bold and underlined emphases added]

Further on, Judge Cooley elaborates the fundamental importance of that Great Writ by defining it as a property right which cannot be destroyed by any legislative statute:

... [B]ut as a right of action arising under the principles of the common law is property as much as are tangible things, it is not believed the right could be destroyed by statute.

[Suspension of the Writ, page 301 supra]

[bold emphasis added]

Lastly, Judge Cooley underscores the necessity for legislative action to suspend (but never destroy) the Great Privilege of the Writ of Habeas Corpus. In his discussion of State suspensions, he writes:

Nothing in this provision hinders the States from suspending the privilege of this writ issuing from their own courts, and the declaration of martial law in the State has the effect of suspending it.

[Suspension of the Writ, page 301 supra]

[bold emphasis added]

Accordingly, insofar as duly elected Members of the U.S. House of Representatives were “threatened with martial law,” particularly if those threats were issued by individual(s) who were not duly elected either to the House of Representatives or to the United States Senate, those threats constitute probable cause that the Federal criminal statutes at 18 U.S.C. sections 1951 and 1962 have been violated in a conspiracy to engage in a pattern of racketeering activities.

Moreover, such acts of extortion and/or attempted extortion necessarily invalidate all recent votes on the infamous “Bail-Out” Bills by duly elected Members of both Houses of Congress.

Pursuant to authorities conferred upon racketeering victims by the Federal RICO statute at 18 U.S.C. 1964(a), the Senate and House of Representatives of the United States of America in Congress assembled are hereby formally notified that my office has now commenced a formal criminal investigation into this matter, with particular focus on all individual(s) directly responsible and legally liable for the specific threats alleged by you in the House Record.

In closing, kindly refer this NOTICE OF CRIMINAL INVESTIGATION to the Speaker of the House and to the Sergeant at Arms of the U.S. Senate.

Thank you for your professional consideration.

Sincerely yours,

/s/ Paul Andrew Mitchell

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

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

http://www.supremelaw.org/decs/agency/private.attorney.general.htm

Criminal Investigator and Federal Witness: 18 U.S.C. 1510, 1512-13