January 22, 2001 A.D.
George W. Bush, President
The White House
1600 Pennsylvania Avenue
Subject: Our Proposal to Save Social Security
Dear President Bush,
Please accept our hearty congratulations on your recent inauguration to the Office of President. I am enclosing our Press Release, published two weeks before last November’s general election, giving the most important reasons why the American People needed to elect you, instead of your opponent. A courtesy copy of that Press Release was emailed to your campaign staff.
I am writing directly to you now, to redeem your promise to take effective measures to save the Social Security program. Total system failure has been projected for this program by several actuarial experts from the insurance industry, and other financial institutions. See the lead editorial in the Wall Street Journal of July 12, 2000 A.D., correctly identifying Social Security as a Ponzi Scheme. As such, it violates many State laws prohibiting insurance fraud (the “I” in “FICA” is Insurance).
As you must already know, from the courageous leadership you showed during the campaign –- by grounding the “Third Rail” of American politics –- the Baby Boom born between 1946 and 1964 is expected to demolish an already shaky Social Security system. Add to this the facts that there has never been any Social Security “fund” as such, and that contributions have already been spent and replaced with bonds (read “IOU’s”). Those bonds are liabilities, not assets (as certain bean counters erroneously claim).
Of greatest import, we believe, is the finding by the Grace Commission under President Reagan, which quietly documented the fact that federal income taxes are not paying for any federal government services. Those collections are being used to pay interest on the federal debt, and income transfer payments like benefits from federal pension plans.
When your opponent revealed his intent to continue paying down the federal debt, we took that revelation to be a “coded” admission of his specific intent to perpetuate a policy of robbing Social Security -- by diverting contributions into the hands of wealthy foreign banks.
In this context, we bring to your attention the laws which require IRS to deposit all collections daily into the Treasury of the United States (e.g. IRC section 7809). In stark contrast, IRS-written regulations require taxpayers to make all checks and money orders payable to the “Internal Revenue Service.” Compare the pertinent constitutional provision: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law,” at Article I, Section 9, Clause 7 (“1:9:7”).
However, you may already know that the IRS was never created by any Act of Congress; this fact can be confirmed by a careful review of Title 31 of the United States Code, which has been enacted into positive law (unlike Title 26). Therefore, “IRS” is decidedly not the Treasury of the United States. See also Chrysler Corp. v. Brown, 441 U.S. 281 (1979), footnote 23.
Upon careful confirmation of this important discrepancy between laws and regulations, last Fall we persuaded a client to petition a federal court in San Jose, California, for an ORDER freezing all IRS assets, and an injunction barring IRS from depositing tax collections into any accounts other than the Treasury of the United States. Sadly, during a preliminary hearing to consider that petition and related motions, I witnessed the presiding judge openly admit to practicing law from the bench, an impeachable offense Congress defines as a high misdemeanor.
And so it goes. Our federal judges are not learned in law.
The dawn of a new Administration is perhaps the best available opportunity to take a fresh look at old problems, and to do our best to face the inevitable with courage, foresight, and decisive executive action. The laws of mathematics are no more malleable than gravity.
Accordingly, it is after much careful thought, extensive judicial activism, and the attendant risks that all messengers must suffer, that we hereby make our bold recommendations for saving Social Security.
The Office of President should carefully consider abolition of the federal income tax, and the Internal Revenue Service along with it, as the first and the most important means of preventing a Social Security disaster that is otherwise inevitable and fast-approaching.
In support of this recommendation, please read the Findings in the most recent version of the Date Certain Tax Code Replacement Act, adopted by the House of Representatives on April 13, 2000 A.D., in which the House repeatedly found that the IRC is too complex to be justly administered or enforced. For example, see IRC 7851(a)(6)(A): Title 26 of the United States Code (“this title”) has never been enacted into positive law, as such; therefore, none of the statutes in subtitle F has ever taken effect (roughly sections 6000 thru 8000).
The Internal Revenue Code is demonstrably void for vagueness, for violating our fundamental Right to know the Nature and Cause of any accusation, as guaranteed by the Sixth Amendment in the Bill of Rights. That vagueness is intentional. See enclosed letter from Congresswoman Barbara Kennelly concerning IRC section 3121(e).
By halting the unlawful diversion of massive funds into foreign banks and elsewhere, specifically by appropriate Executive Orders compelling IRS to deposit all tax collections daily into the Treasury of the United States, the Office of the President will take necessary and long overdue control of a rogue agency, presently domiciled in Puerto Rico under color of the Federal Alcohol Administration (“FAA”).
The FAA, as you may already know, was declared unconstitutional by the U.S. Supreme Court in U.S. v. Constantine, 296 U.S. 287 (1935). Pursuant to 5 U.S.C. 551(1)(C) (“does not include” U.S. Territories), IRS is not even an “agency” for purposes of the Administrative Procedures Act (“APA”), or the Freedom of Information Act (“FOIA”). It is a money laundry, extortion racket, and conspiracy to engage in a pattern of racketeering activity, violating 18 U.S.C. 1961 et seq. (RICO).
Your constitutional authority, and duty, to proceed in this fashion, with all deliberate speed, is found at Article II, Section 3 (“2:3”) in the Constitution for the United States of America: “he shall take Care that the Laws be faithfully executed”. “Shall” is imperative. The Constitution is the supreme Law, pursuant to the Supremacy Clause.
President Bush, as a Citizen of California State, Counselor at Law, qualified Federal Witness, and Private Attorney General in People v. United States et al. and other cases, I stand here ready, willing, and able to assist your Office in every way possible, to begin immediately with the hard work that must happen during your Administration, if the Social Security system is to remain solvent beyond current planning horizons.
May the Most High bless your Office far beyond your expectations, and may you reap justice as abundantly as you have sown it.
“As agents of the Most High, we came here to establish justice. We shall not leave until our mission is accomplished, and justice reigns eternal in our minds and in our hearts. Amen!”
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
Private Attorney General
c/o Forwarding Agent
350 – 30th Street, Suite 444
enclosure: Press Release, “Supreme Law Firm
Endorses George Bush for President”
(as published on the Internet)
copies: Office of Vice President, Washington, D.C.
Office of Attorney General, Washington, D.C.
Office of Secretary of the Treasury, Washington, D.C.
Judge Alex Kozinski, Ninth Circuit (supervising)