TO:       Elisabeth A. Shumaker

      dba Clerk of Court

          U.S. Court of Appeals

          1823 Stout Street

          Denver 80257

          COLORADO, USA


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

          Relator on behalf of the United States ex rel. #07-2017,

          Private Attorney General, Criminal Investigator and

          Qualified Federal Witness, 18 U.S.C. 1510, 1512-1513, 1964


DATE:     April 2, 2007 A.D.


SUBJECT:  APPOINTMENT AFFIDAVIT required by 5 U.S.C. 2906, 3331;  and,

          OATH OF OFFICE required by 28 U.S.C. 951



Greetings Ms. Shumaker:


As you know or should know by now, the federal statute at 5 U.S.C. 3331 requires you to have executed a proper Office of Personnel Management (“OPM”) Form 61 APPOINTMENT AFFIDAVIT prior to occupying the office you now claim to occupy, i.e. Clerk of Court.  A copy of that federal statute is attached, for your convenience.


Moreover, the federal statute at 5 U.S.C. 2906 creates a specific legal duty in you to deliver said duly executed APPOINTMENT AFFIDAVIT to the court to which the office pertains: in your case, that court is the U.S. Court of Appeals for the Tenth Circuit, and that office is the office of Clerk of Court.  A copy of the latter statute is also attached, for your convenience.


In addition to the OPM Form 61 APPOINTMENT AFFIDAVIT, the federal statute at 28 U.S.C. 951 also requires you to have executed a separate OATH OF OFFICE before entering upon any other duties.  The latter statute creates legal duties in you truly and faithfully to enter and record all orders, decrees, judgments and proceedings of such court, and faithfully and impartially to discharge all other duties of the office of Clerk of Court.  A copy of that statute is also attached.


In the past, our earnest efforts to discover the APPOINTMENT AFFIDAVITS and OATHS OF OFFICE required of federal court clerks have produced a form letter referring us to the Administrative Office of the U.S. Courts.  Even though the latter office is not the designated legal custodian of either credential, in an effort to discover all missing credentials we have caused a proper SUBPOENA IN A CIVIL CASE to be served upon that A.O.  However, to date no personnel now employed by that A.O. has yet produced a single APPOINTMENT AFFIDAVIT or OATH OF OFFICE for anyone employed by the Judicial Branch of the federal government;  and, that office is now in legal default and contempt of court for having failed to answer said SUBPOENA properly.


The OPM Form 61 APPOINTMENT AFFIDAVIT is not a mere formality, however, because it must contain specific language obligating the appointee to support and defend the Constitution of the United States against all enemies, foreign and domestic.  As such, Form 61 implements the well known Oath of Office Clause at Article VI, Clause 3 in that Constitution, to wit:


... [A]ll executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution ....


Taken together, the statutes at 5 U.S.C. 2906, 3331 and 28 U.S.C. 951, and the Oath of Office Clause in the U.S. Constitution supra, result in creating a legal duty in you to maintain true and correct originals of both credentials required of yourself and of all other personnel currently employed by the Tenth Circuit, no exceptions.


Accordingly, formal demand is hereby made of you to produce a true and correct copy of your APPOINTMENT AFFIDAVIT and OATH OF OFFICE within ten (10) calendar days of the above date.  Time is now of the essence.  Beyond that reasonable deadline your silence will activate estoppel pursuant to Carmine v. Bowen, and it will also constitute fraud pursuant to U.S. v. Tweel.  You are hereby directed to transmit both credentials via U.S. Mail to the mailing location shown below.


A self-addressed stamped envelope (“SASE”) is also enclosed, for your convenience: the postage affixed is my private property.  In order to comply with the deadline as stated above, both credentials must be delivered to our Forwarding Agent via U.S. Mail postmarked no later than ten (10) calendar days after the above date.


Your confirmed failure to comply with this lawful NOTICE AND DEMAND will constitute probable cause that you are and have been in violation of the federal statutes at 18 U.S.C. 912, 1001, 1341 and 1961 et seq.  Violations of said statutes are all serious federal felonies.


Thank you very much for your timely professional cooperation.



Sincerely yours,


/s/ Paul Andrew Mitchell


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

Relator on behalf of the United States ex rel. in #07-2017,

Private Attorney General, Criminal Investigator and

Qualified Federal Witness, 18 U.S.C. 1510, 1512-1513, 1964


U.S. Mail care of:


     Forwarding Agent

     501 West Broadway #A-332

     San Diego 92101