June 5, 2001 A.D.
Rep. George Radanovich
U.S. House of Representatives
213 Cannon House Office Building
Washington 20515
DISTRICT OF COLUMBIA, USA
Subject: proposed new statute for Title 28, U.S.C.
Dear Representative Radanovich:
On behalf of the People of the United States of America, I am writing to request that you author a Bill to require that all federal criminal indictments itemize the statutes which grant original jurisdiction to prosecute the charge(s) made therein, and to require all federal courts to dismiss indictments which fail to satisfy this simple rule.
This request is entirely consistent with detailed provisions in the International Covenant on Civil and Political Rights, which guarantee our fundamental Right to federal courts of competent jurisdiction. See, in particular, Article 14 at Internet URL:
http://www.supremelaw.org/ref/treaty/covenant.htm
We find it quite interesting that federal civil cases are routinely dismissed -- for failing to state a claim upon which relief can be granted -- merely because a civil Plaintiff fails to cite the statute(s) which grant original jurisdiction over the subject matter.
The reason for this latter practice is a good one: jurisdiction is never presumed and must always be proven, with written proof entered into the official court record. Absent the requisite proof, federal courts should dismiss before going any further (and wasting everyone’s time).
After specializing in American constitutional Law for eleven years now, I can honestly say that we have never yet witnessed a single indictment that properly itemized the statute(s) which grant original jurisdiction to prosecute any of those charges.
We do appreciate that federal grand jurors are not likely to know these legal details. However, one or more U.S. Attorneys can and should be made responsible for itemizing these statutes in all future federal indictments. It is already a requirement that criminal charges be identified by title and section (or citation(s) to the Statutes at Large), and number of counts.
Such a requirement will be entirely consistent with the McDade Act, which makes United States Attorneys liable for willful misrepresentation under State Bar disciplinary guidelines. See 28 U.S.C. 530B.
Representative Radanovich, thank you very much for giving this legislative proposal your careful consideration.
Sincerely yours,
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
Counselor at Law, Federal Witness,
Private Attorney General, Author and
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U.S. Senate
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