Paul Andrew, Mitchell, B.A., M.S.
Counselor at Law and federal witness
c/o 2509 N. Campbell, #1776
Tucson, Arizona state, USA
zip code exempt (formerly DMM 122.32)

Under Protest and by Special Visitation
with explicit reservation of all rights







                  UNITED STATES DISTRICT COURT

                  JUDICIAL DISTRICT OF ARIZONA


IN RE GRAND JURY SUBPOENA      ) Case No. GJ-95-1-6 (JMR)
SERVED ON                      )
NEW LIFE HEALTH CENTER COMPANY ) NOTICE OF FREEDOM OF
                               ) INFORMATION ACT (FOIA)
                               ) APPEAL RESPONSE BY IRS
                               ) DISCLOSURE OFFICER,
                               ) NOTICE OF PROBABLE FRAUD, AND
                               ) MOTION FOR DECLARATORY
                               ) JUDGMENT:  28 U.S.C. 2201,
                               ) Full Faith and Credit Clause
_______________________________)


                             NOTICE

     Formal Notice is hereby given to all interested parties, and

formal Judicial  Notice is  hereby requested,  of the  Freedom of

Information Act  Appeal response, dated June 11, 1996, from E. J.

Perry, Disclosure  Officer, "Internal  Revenue Service,"  210  E.

Earll, Phoenix,  Arizona state.   A true and correct copy of this

Response is  attached hereto  and incorporated by reference as if

set forth  fully herein.   On  the page  of this  Response headed

APPOINTMENT AFFIDAVITS,  "Evangelina A. Cardenas" is appointed to

the  position  of  "Tax  Technician  (Tax  Auditor)";    date  of

appointment  is  shown  as  "05-26-87".    Signatures  have  been

redacted for purposes of personal privacy.  (See attached.)


Notice of FOIA Response, Fraud, Motion for Declaratory Judgment:
                           Page 1 of 5


                    NOTICE OF PROBABLE FRAUD

     On behalf  of the  Company, Counsel hereby makes this formal

objection,  and   hereby  alleges  probable  fraud,  because  the

original SUBPOENA  TO TESTIFY  BEFORE GRAND  JURY, which  is  the

subject  matter   of  the   instant  case,  shows  the  following

phraseology on the face of said SUBPOENA:

                        SA Cardenas, IRS

     Unless proven  otherwise by competent testimony, given under

penalty of  perjury, Counsel  presumes, on behalf of the Company,

that the  nomenclature "SA  Cardenas, IRS" refers specifically to

the position of "Special Agent for the Internal Revenue Service."

This  is  not  the  position  to  which  Ms.  Cardenas  has  been

appointed, as  evidenced by  the attached  APPOINTMENT AFFIDAVIT.

Accordingly, to represent herself as a "Special Agent" on a Grand

Jury Subpoena is to commit a fraud upon this honorable Court, and

also upon  Dr. Eugene  A. Burns,  General Manager of the Company,

and upon all of its officers, co-workers and Trustee(s).

     Furthermore, evidence  now filed  in the  official record of

the instant  case provides  conclusive proof  that  the  OATH  OF

OFFICE  executed  by  Ms.  Evangelina  A.  Cardenas  (hereinafter

"Cardenas"), as evidenced on her APPOINTMENT AFFIDAVIT, bound her

to support and defend the wrong Constitution of the United States

(hereinafter "wrong constitution").

     At the  very least, conclusive evidence now on record in the

instant case proves that:

     (1) the original 13th Amendment was not reflected in printed

copies of the wrong constitution which were available to Cardenas

in 1987 at federal depository libraries or in published law books

upon which  this  honorable  Court  has  relied  since  then  for

conclusive evidence of the Law;


Notice of FOIA Response, Fraud, Motion for Declaratory Judgment:
                           Page 2 of 5


     (2) the so-called 14th Amendment was never properly approved

and adopted,  on authority  of unrebutted  facts as stated in two

(2) decisions  of the  Utah Supreme  Court published  in 1968 and

1975;   see Dyett  v. Turner,  439 P.2d 266, 270 (1968), State v.

Phillips, 540 P.2d 936, 941 (1975);  and

     (3) the so-called 16th Amendment was never properly approved

and adopted,  on authority  of an estoppel activated by the total

silence of Respondent and U.S. Senator-elect Barbara Boxer in the

case of  People v.  Boxer, California  Supreme Court  case number

S-030016, dated December 1992.  See Full Faith and Credit Clause.

     Counsel submits  that Cardenas  is now  engaged in the wrong

contract with  the People  of the  United States  of America,  by

virtue of  her faulty Oath of Office as evidenced by the attached

APPOINTMENT AFFIDAVIT,  and that  she has  committed a fraud upon

the Company  and upon  this Court  by reason  of  the  false  and

misrepresentative nomenclature of "SA" which is exhibited next to

her name  on the  Grand Jury Subpoena which is the subject matter

of the instant case.

     Silence is  a fraud  and creates  estoppel by  acquiescence,

particularly when  the Oath  of Office to "support and defend the

Constitution of  the United  States against  all enemies, foreign

and domestic",  creates a  legal and  a moral duty to speak.  See

U.S. v.  Tweel, 550 F.2d 297, 299 (1977) quoting U.S. v. Prudden,

424 F.2d 1021, 1032 (1970);  Carmine v. Bowen, 64 A. 932 (1906)

     Counsel reserves  the Company's  fundamental Right to switch

this  honorable  Court  into  Equity  for  the  sole  purpose  of

determining the  exact provisions of the wrong constitution which


Notice of FOIA Response, Fraud, Motion for Declaratory Judgment:
                           Page 3 of 5


Cardenas swore  to uphold.   Such  a contract  should now  be  in

evidence, because  the Constitution  for  the  United  States  of

America,  as   lawfully  amended  ("U.S.  Constitution")  is  the

controlling supreme Law in the instant case.


                          VERIFICATION

     I, Paul  Andrew, Mitchell,  B.A., M.S.,  Citizen of  Arizona

state and  Vice President  for Legal  Affairs of  New Life Health

Center Company  ("the Company")  hereby certify, under penalty of

perjury, under  the laws of the United States of America, without

the "United  States", that  the above statements of fact are true

and correct,  to the  best of  my current information, knowledge,

and belief, so help Me God, pursuant to 28 U.S.C. 1746(1).


                          RELIEF SOUGHT

     Wherefore,  on   behalf  of   the  Company,  Counsel  hereby

respectfully petitions  this honorable  Court for  a  Declaratory

Judgment that  the credentials  of Evangelina  A. Cardenas now in

evidence do  not exhibit  authority to act as a Special Agent for

the "Internal  Revenue Service",  and that her Oath of Office now

in evidence  did bind  her to support and defend a version of the

U.S. Constitution  which was,  at  the  time  when  Ms.  Cardenas

executed said  Oath, incorrectly  published in federal depository

libraries and  in the  official law  books upon  which this Court

relied for conclusive evidence of the Law, then as now.


Respectfully submitted on June 13, 1996

/s/ Paul Mitchell

Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state and Counsel of Record
all rights reserved without prejudice


Notice of FOIA Response, Fraud, Motion for Declaratory Judgment:
                           Page 4 of 5


                        PROOF OF SERVICE

I, Linda  H. Burns,  do 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 and a Citizen

of one  of the United States of America, that I am not a Party to

the instant  case, and  that I  personally served  the  following

document(s):
                     NOTICE OF FOIA RESPONSE
                   BY IRS DISCLOSURE OFFICER,
                  NOTICE OF PROBABLE FRAUD, AND
                 MOTION FOR DECLARATORY JUDGMENT

by placing  said document(s)  with exhibits in first class United

States Mail,  with postage  prepaid and properly addressed to the

following individuals:

ROBERT L. MISKELL                  John M. Roll
Acapulco Building, Suite 8310      U.S. District Court
110 South Church Avenue            55 E. Broadway
Tucson, Arizona                    Tucson, Arizona

JANET NAPOLITANO                   Clerk
Acapulco Building, Suite 8310      U.S. District Court
110 South Church Avenue            55 E. Broadway
Tucson, Arizona                    Tucson, Arizona

Grand Jury Foreperson              Postmaster
In re: New Life Health Center Co.  U.S. Post Office
55 E. Broadway                     Downtown Station
Tucson, Arizona                    Tucson, Arizona

Judge Alex Kozinski                Evangelina Cardenas
Ninth Circuit Court of Appeals     "Internal Revenue Service"
125 S. Grand Avenue, Suite 200     300 West Congress
Pasadena, California               Tucson, Arizona

Attorney General                   Solicitor General
Department of Justice              Department of Justice
10th and Constitution, N.W. !      10th and Constitution, N.W. !
Washington, D.C.                   Washington, D.C.


Dated:  June 13, 1996

/s/ Linda Burns
________________________________________
Linda H. Burns, Citizen of Arizona state
all rights reserved without prejudice


Notice of FOIA Response, Fraud, Motion for Declaratory Judgment:
                           Page 5 of 5


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IN RE GRAND JURY SUBPOENA SERVED ON NEW LIFE HEALTH CENTER COMPANY