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

Private Attorney General

c/o Forwarding Agent

501 West Broadway #A-332

San Diego 92101

CALIFORNIA, USA

 

In Propria Persona

 

All Rights Reserved

without Prejudice

 

 

 

 

United States Court of Appeals

 

Tenth Circuit

 

 

UNITED STATES OF AMERICA [sic],  )  Appeal Docket No. 07-2017

                                 )  Civil No. 04-CV-0885 BB/WDS

          Plaintiff/Appellee,    )

     v.                          )

                                 )

John S. Williamson et al.,       )

                                 )

          Defendants/Appellants. )

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

                                 )

United States                    )  INTERVENOR’S FIRST SUPPLEMENT

ex relatione                     )  TO NOTICE OF INTERVENTION:

Paul Andrew Mitchell,            )

                                 )  FREv Rule 201(d).

          Intervenor.            )

_________________________________)

 

COMES NOW the United States (hereinafter “Intervenor”) ex relatione Paul Andrew Mitchell, Citizen of ONE OF the United States of America, Private Attorney General, Criminal Investigator and Federal Witness (hereinafter “Relator”), to supplement Intervenor’s previously filed and served NOTICE OF INTERVENTION by demanding mandatory judicial Notice by this honorable Court of Appeals of documents and standing decisions which are pertinent to the instant appeal, and to provide formal Notice to all interested Party(s) of same.

 

INCORPORATION OF PERTINENT DOCUMENTS

In support of the instant DEMAND, Intervenor hereby attaches a true and correct copy of the following documents, and incorporates same by reference to Attachments “A” thru “C” infra, as if set forth fully here:

 

(1)           NOT FOR PUBLICATION opinion by the U.S. Court of Appeals for the Ninth Circuit in McKee v. Commissioner of Internal Revenue, Ninth Circuit appeal number #04-74846, filed December 4, 2006;  see Attachment “A” and Internet URL:

 

http://www.supremelaw.org/decs/mckee/

 

(2)           Published opinion by the U.S. Court of Appeals for the Eighth Circuit in Anastasoff v. United States of America [sic], Eighth Circuit appeal number #99-3917EM, filed August 22, 2000;  see Attachment “B” and Internet URL:

 

http://www.supremelaw.org/decs/anastasoff/

 

(3)           Open letter with heading “United States v. United States of America” by Paul Andrew Mitchell, Private Attorney General, Criminal Investigator and Federal Witness (date-stamped 2/6/2007);  see Attachment “C” and Internet URL:

 

http://www.supremelaw.org/letters/us-v-usa.htm

 

In contrast to discretionary judicial notice, mandatory judicial notice leaves no room whatsoever for discretion on the part of this honorable Court.  Cf. FREv Rule 201(c) for “discretion”.

In McKee, the Ninth Circuit held:

The [United States] Tax Court’s finding that the IRS was excused because its own regulations were “complex” was an abuse of discretion.  [bold emphasis added]

 

That holding is entirely consistent with deliberate and extensive vagueness in the Internal Revenue Code which Relator has previously documented and published in a controversial book entitled “The Federal Zone: Cracking the Code of Internal Revenue.”  The electronic Eleventh Edition of this book is available at the following Internet URL:

http://www.supremelaw.org/fedzone11/

 

However, the Ninth Circuit qualified its opinion in McKee with the conspicuous heading “NOT FOR PUBLICATION”.

In stark comparison, the published opinion in Anastasoff held that UNPUBLISHED opinions, also qualified as “NOT FOR PUBLICATION”, are unconstitutional:

We hold that the portion of Rule 28A(i) that declares that unpublished opinions are not precedent is unconstitutional under Article III, because it purports to confer on the federal courts a power that goes beyond the “judicial.”

 

The opinion in Anastasoff is also very valuable for its erudite treatment of the historical meaning of “judicial precedent” in general –- a concept which now appears to have escaped the vast majority of federal district judges presently seated anywhere inside the United States of America (read “50 States of the Union”).

The United States of America are judicial districts;  they are not United States districts!

Lastly, the Open Letter by Relator goes into some detail to refute the common myth that the “United States” (federal government) was formally incorporated by some Act of Congress.  One can only speculate why so many agents provocateur continue to ply numerous Internet discussions lists with this demonstrably false idea, even after they have been shown the error of their ways.

Notably, in United States v. Cooper Corporation, 312 U.S. 600 (1941), the U.S. Supreme Court wrote:

We may say in passing that the argument that the United States may be treated as a corporation organized under its own laws, that is, under the Constitution as the fundamental law, seems so strained as not to merit serious consideration.

 

[bold emphasis added]

 

“Lying lips are an abomination to the Lord.”  Proverbs 12:22

 

REMEDY DEMANDED

All premises having been duly considered, Intervenor respectfully demands mandatory judicial notice of the documents incorporated supra.

 

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 7, 2007 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):

 

INTERVENOR’S FIRST SUPPLEMENT

TO NOTICE OF INTERVENTION:

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 (5x)

U.S. Court of Appeals for the Tenth Circuit

1823 Stout Street

Denver 80257

COLORADO, USA

 

Mr. and Mrs. John S. Williamson

1277 Historic Route 66 East

Tijeras 87059

NEW MEXICO, USA

 

Mr. John Gregory Williamson

c/o Mr. and Mrs. John S. Williamson supra

 

Mr. David Andrew Williamson

c/o Mr. and Mrs. John S. Williamson supra

 

Mr. Garrett James Williamson

824 Adams Street, N.E.

Albuquerque 87110

NEW MEXICO, USA

 

Ms. Deborah Kruhm

P.O. Box 23899

Santa Fe 87502

NEW MEXICO, USA

 

Ms. Gretchen M. Wolfinger

U.S. Department of Justice

Appellate Section

P.O. Box 502

Washington 20044

DISTRICT OF COLUMBIA, USA

 

 

Courtesy copies:

 

Office of the U.S. Attorney

P.O. Box 607

Albuquerque 87103

NEW MEXICO, USA

 

U.S. Department of Justice

Tax Division

717 North Harwood, Suite 400

Dallas 75201

TEXAS, USA

 

Dr. Harriet Smith Windsor

Secretary of State

State of Delaware

401 Federal Street

Dover 19901

DELAWARE, USA

 

 

[See USPS Publication #221 for addressing instructions.]

 

 

Dated:   February 7, 2007 A.D.

 

 

Signed:  /s/ Paul Andrew Mitchell

         ______________________________________________

Printed: Paul Andrew Mitchell, Private Attorney General

         All Rights Reserved without Prejudice


 

 

 

 

 

 

 

 

 

 

Attachment “A”:

 

NOT FOR PUBLICATION Opinion in:

McKee v. Commissioner of Internal Revenue

Ninth Circuit Appeal Number #04-74846

(file-stamped DEC 04 2006)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment “B”:

 

Published Opinion in:

Anastasoff v. United States of America [sic]

Eighth Circuit Appeal Number #99-3917EM

(filed August 22, 2000)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment “C”:

 

Open Letter with Heading:

United States v. United States of America

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

(date-stamped 2/6/2007)