LeRoy Michael, Schweitzer, Sui Juris
Citizen of Montana state
c/o general delivery
Billings, Montana state
In Propria Persona
Under Protest and
By Special Visitation Only
UNITED STATES DISTRICT COURT
DISTRICT OF MONTANA
BILLINGS DIVISION
UNITED STATES OF AMERICA [sic], ) Case No. CR-95- 51-BLG-JMB
) Case No. CR-95-117-BLG-JMB
Plaintiff )
) NOTICE AND DEMAND FOR
v. ) MANDATORY JUDICIAL NOTICE:
) Rule 201(d),
LEROY M. SCHWEITZER [sic] et al.) Federal Rules of Evidence;
) 28 U.S.C. 1746(1)
Respondents )
________________________________)
COMES NOW LeRoy Michael, Schweitzer, Sui Juris, Citizen of
Montana state and Respondent in the above entitled matter
(hereinafter "Respondent") respectfully to Demand mandatory
judicial notice by this honorable Court, pursuant to Rule 201(d)
of the Federal Rules of Evidence, of the several Freedom of
Information Act ("FOIA") requests which are attached hereto and
incorporated by reference as if set forth fully herein, and to
provide formal Notice to all interested party(s) of same.
Respondent wishes to stress to this Court that the attached
FOIA requests are all directed to executive offices. As such,
none is exempt under the blanket FOIA exemption found at 5 U.S.C.
551(1)(B).
Notice & Demand for Mandatory Judicial Notice:
Page 1 of 7
Accordingly, this Court has no authority whatsoever to deny
formal judicial notice of the attached evidence on the basis of
its erroneous ORDER, dated September 30, 1996, directing "the
Clerk of the Court to return to sender all FOIA requests relating
to the above case received by the Clerk ... in the future" [sic].
[emphasis added]
Moreover, the language of Rule 201(d) leaves no room for
discretion on the part of this Court. Specifically, the language
"When mandatory" and "shall" clearly denotes an imperative
meaning, to wit:
(d) When mandatory. A court shall take judicial notice if
requested by a party and supplied with the necessary
information.
[emphasis added]
Further Notice is hereby demanded of the verification by
Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state,
federal witness, and Counselor at Law (hereinafter "Requester"),
that the attached FOIA requests are true and correct copies of
the originals, with the sole exception that each of the attached
requests lacks an original blue-ink signature by said Requester.
The following itemize the additional FOIA requests which are
attached in full:
Notice & Demand for Mandatory Judicial Notice:
Page 2 of 7
TO: Agnes M. Brown, Trial Attorney
Commercial Litigation Branch
Civil Division
Department of Justice
Attn: Classification Unit
1100 "L" Street, N.W., 8th Floor
Washington, D.C. 20530/tdc
Admissible documents requested of Agnes M. Brown on 10/1/96:
1. Certified copies of her solemn oath of office, as
required by Article VI, Clause 3, of the Constitution
for the United States of America, as lawfully amended.
2. Certified copy of her fidelity (or surety) bond.
3. Certified copy of her formal delegation of authority,
beginning with the President or state Governor, linking
all officials in the chain of command between her and
the President or state Governor.
4. Certified copy of her license to practice law, if any.
TO: Marta Ivashkiv
Federal Bureau of Investigation
10th & Pennsylvania Avenue, N.W.
Washington, D.C. 20535/tdc
Admissible documents requested of Marta Ivashkiv on 10/1/96:
1. Certified copies of her solemn oath of office, as
required by Article VI, Clause 3, of the Constitution
for the United States of America, as lawfully amended.
2. Certified copy of her fidelity (or surety) bond.
3. Certified copy of her formal delegation of authority,
beginning with the President or state Governor, linking
all officials in the chain of command between her and
the President or state Governor.
4. Certified copy of her license to practice law in the
State of Montana, if any.
TO: Jerry Marcocchi
Tax Examiner
"Internal Revenue Service"
Ogden, Utah
Admissible documents requested of Jerry Marcocchi on 9/23/96:
1. Certified copies of his solemn oath of office, as
required by Article VI, Clause 3, of the Constitution
for the United States of America, as lawfully amended.
2. Certified copy of his fidelity (or surety) bond.
3. Certified copy of his formal delegation of authority,
beginning with the President or state Governor, linking
all officials in the chain of command between him and
the President or state Governor.
4. Certified copy of his license to practice law in the
State of Montana, if any.
Notice & Demand for Mandatory Judicial Notice:
Page 3 of 7
TO: Ms. Sherry Scheel-Matteucci
U.S. Attorney
Department of Justice
c/o P.O. Box 1478
Billings, Montana state
Admissible documents requested of Sherry Scheel-Matteucci on
9/29/96:
1. Certified copies of 28 U.S.C. 451 and its implementing
regulations, if any, as published in the Federal
Register pursuant to the Federal Register Act.
Admissible documents requested of Sherry Scheel-Matteucci on
10/7/96:
1. Certified copies of 18 U.S.C. 451 and its implementing
regulations, if any, as published in the Federal
Register pursuant to the Federal Register Act.
TO: Janet Reno
Attorney General
U.S. Department of Justice
Tenth & Constitution, N.W.
Washington, D.C.
Admissible documents requested of Janet Reno on 9/23/96:
1. Certified list of all civil and criminal actions
brought by the plaintiffs United States and the United
States of America, under authority of subtitle F in the
Internal Revenue Code, during the period when former
U.S. Senator Lloyd Bentsen occupied the office of
Secretary of the Treasury, list to include case docket
numbers, case parties, clerks of the courts which first
filed these actions, attorney(s) of record, and
statutes which were allegedly violated and which
allegedly invoked the jurisdiction of the courts that
were petitioned in these actions.
Admissible documents requested of Janet Reno on 9/29/96:
1. Certified copies of 28 U.S.C. 451 and its implementing
regulations, if any, as published in the Federal
Register pursuant to the Federal Register Act.
Admissible documents requested of Janet Reno on 10/7/96:
1. Certified copies of 18 U.S.C. 451 and its implementing
regulations, if any, as published in the Federal
Register pursuant to the Federal Register Act.
Notice & Demand for Mandatory Judicial Notice:
Page 4 of 7
TO: Carl E. Rostad
Assistant U.S. Attorney
Department of Justice
c/o P.O. Box 3447
Great Falls, Montana state
Admissible documents requested of Carl E. Rostad on 9/23/96:
1. Implementing regulations, as published in the Federal
Register pursuant to the Federal Register Act, for the
following:
(a) 18 U.S.C. 3231
(b) IRC Section 7402
(c) 28 U.S.C. 1861 et seq.
(Jury Selection and Service Act)
(d) 4 U.S.C. 104 et seq. [should be 4 U.S.C. 110. PM]
(The Buck Act)
Admissible documents requested of Carl E. Rostad on 9/23/96:
1. Certified copies of all Acts of Congress, with
implementing regulations (if any), granting standing to
the "UNITED STATES OF AMERICA" [sic] to bring civil
and/or criminal actions as Plaintiff before district
courts of the United States and/or United States
District Courts, as distinct from the Plaintiff "UNITED
STATES" [sic]. See Hooven & Allison v. Evatt, 324 U.S.
652 (1945); cf. "Union" in Bouvier's Law Dictionary,
Sixth Edition (1856).
Admissible documents requested of Carl E. Rostad on 9/23/96:
1. Certified copies of all Acts of Congress, with
implementing regulations (if any), granting criminal
jurisdiction to United States District Courts, as
distinct from district courts of the United States.
TO: Postmaster
United States Postal Service
Billings, Montana state
Postal Zone 59101/tdc
Admissible documents requested of Postmaster on 9/28/96:
1. Certified copy of the Standing Delivery Order, USPS
Form Number 3801, duly executed by one LeRoy Michael
Schweitzer, authorizing one or more others to sign and
receive United States Mail on His behalf until further
notice.
Notice & Demand for Mandatory Judicial Notice:
Page 5 of 7
VERIFICATION
Pursuant to 28 U.S.C. 1746(1), I, Paul Andrew, Mitchell,
B.A., M.S., Citizen of Arizona state, federal witness, and
Counselor at Law, hereby verify, under penalty of perjury, under
the laws of the United States of America, without the "United
States", that the attached FOIA requests are true and correct
copies of the originals, with the sole exception that the
attached copies do not exhibit blue-ink signatures by the FOIA
Requester.
Executed on _____________________________________________________
_________________________________________________________________
Respectfully submitted,
/s/ LeRoy Schweitzer
LeRoy Michael, Schweitzer, Sui Juris
Citizen of Montana state
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S., Sui Juris
Citizen of Arizona state, federal witness
and Counselor at Law
Notice & Demand for Mandatory Judicial Notice:
Page 6 of 7
PROOF OF SERVICE
I, Paul Andrew, Mitchell, B.A., M.S., Sui Juris, 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 DEMAND FOR
MANDATORY JUDICIAL NOTICE:
Rule 201(d), Federal Rules of Evidence;
28 U.S.C. 1746(1)
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:
Office of the United States Attorney
United States Department of Justice
c/o P.O. Box 1478
Billings, Montana state
Attorney General
Department of Justice
10th and Constitution, N.W.
Washington
DISTRICT OF COLUMBIA
Solicitor General
Department of Justice
10th and Constitution, N.W.
Washington
DISTRICT OF COLUMBIA
Executed on: ____________________________
/s/ Paul Andrew Mitchell
__________________________________________
Paul Andrew, Mitchell, B.A., M.S., Sui Juris
Citizen of Arizona state, federal witness
and Counselor at Law
all rights reserved without prejudice
Notice & Demand for Mandatory Judicial Notice:
Page 7 of 7
# # #
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U.S.A. v. Schweitzer (Billings)