Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state and
federal witness
c/o 2509 N. Campbell, #1776
Tucson, Arizona state
zip code exempt
Under Protest, Necessity, and
by Special Visitation
MONTANA SIXTEENTH JUDICIAL DISTRICT COURT,
GARFIELD COUNTY
People of the United States ) Case No. _______________________
of America, ex relatione )
Paul Andrew Mitchell, ) NOTICE OF INTENT TO APPEAR, AND
)
Petitioners, ) PETITION FOR CLARIFICATION
)
vs. ) OF COURT'S ORDER DATED
)
United States et al., ) THE 31st day of May, 1996
)
Respondent. )
______________________________)
COME NOW the People of the United States of America, ex relatione
Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state
(hereinafter "Petitioners"), to provide formal Notice to all
interested parties of Their intent to appear -- as required by
this honorable Court's Order dated the 31st day of May, 1996 --
in the Garfield County Courthouse, Jordan, Montana, at 11:00
o'clock a.m. on the 19th day of June, 1996, to present proof and
legal reasons as to why this Court has jurisdiction to grant the
relief requested, to wit: an immediate Temporary Restraining
Order ("TRO") restraining all officers, agents, and employees of
the United States from using any lethal force in its pending
negotiations with the so-called "Freemen of Montana" at Justus
Township now situated within the geographic venue of this Court,
Notice of Intent to Appear and Petition for Clarification: Page
1 of 6
said TRO also to declare that there will be no further
deprivations of life, liberty, or property without due process of
Law, consistent with the Fifth Amendment to the Constitution for
the United States of America, as lawfully amended.
Petitioners also wish hereby to acknowledge that part of
said Order which stipulates:
A. That under no circumstances should the Clerk of Court
file the petition without prior receipt, in U.S. dollars, of
a filing fee in the amount of $95.00 pursuant to M.C.A. 25-
1-201. Freeman checks or other like tender are not to be
accepted.
[emphasis added]
Petitioners hereby place this honorable Court, and all
interested parties, on formal Notice of the sum of ninety-five
(95) Susan B. Anthony "ONE DOLLAR" coins transmitted herewith and
made payable to the Clerk of Court with the inscriptions
"LIBERTY", "UNITED STATES OF AMERICA", "E PLURIBUS UNUM", AND "IN
GOD WE TRUST" minted thereon.
Petitioners found it necessary to "purchase" said coins from
a United States Post Office with Federal Reserve Notes ("FRNs")
and to do so "under protest", which declaration is made here
notoriously, as a standing objection, in order explicitly to
reserve all Their Rights, without prejudice to any of Their
Rights, for having tendered FRNs to "purchase" said coins.
Petitioners take special note of that part of this Court's
Order which required the filing fee to be paid in "U.S. dollars"
and which prohibited the filing fee from being paid by means of
"Freeman checks or other like tender" [emphasis added].
Petitioners need and hereby respectfully request
clarification from this Court concerning the legal meaning of the
phrases "U.S. dollars", "$", and "other like tender" as those
phrases are used in this Court's Order dated the 31st day of May,
1996.
Notice of Intent to Appear and Petition for Clarification: Page
2 of 6
Specifically, was it this Court's deliberate intention to
include Federal Reserve Notes in the phrase "other like tender"
and to exclude Federal Reserve Notes from the phrase "U.S.
dollars"?
Alternatively, was it this Court's intention to include
Federal Reserve Notes in the phrase "U.S. dollars" and to exclude
Federal Reserve Notes from the phrase "other like tender"?
Petitioners hereby also respectfully request written
clarification of these questions by this honorable Court, if
possible, prior to Their scheduled appearance on June 19, 1996,
at 11:00 a.m., and that said written clarification be transmitted
via facsimile to the relator Paul Andrew, Mitchell, B.A., M.S.,
no later than 5:00 p.m. Jordan time on Monday, June 17, 1996.
Petitioners argue that these questions go to the substantive
merits of Their original Petition for TRO, because it is Our
belief that the Freemen of Justus Township are being persecuted,
and Their lives are quite probably in imminent danger, in part,
because of Their demonstrated mastery of the commercial lien
process and of the lawful method(s) for monetizing said
commercial liens. See Uniform Commercial Code and "The Law and
Regulation of Financial Institutions," by Milton R. Schroeder,
Professor of Law, Arizona State University, previously published,
in part, as "Bank Officer's Handbook of Commercial Banking Law,"
Sixth Edition, Copyright 1989 Milton R. Schroeder, c/o Warren,
Gorham & Lamont, 31 St. James Avenue, Boston, Massachusetts (a
Commonwealth member of the United States of America, a Union).
Notice of Intent to Appear and Petition for Clarification: Page
3 of 6
For the edification of this honorable Court, and of all
interested parties, Petitioners hereby attach hereto and
incorporate by reference, as if set forth fully herein, a true
and correct copy of the official transcript of a lecture entitled
"Return to Constitutional Money," as delivered by Dr. Edwin J.
Vieira, Jr., on August 31, 1991, to a conference of the National
Coalition to Reform Money and Taxes ("NCRMT") in Denver, Colorado
state (a Republic member of the United States of America, a
Union).
VERIFICATION
I, Paul Andrew, Mitchell, B.A., M.S., the relator in the
above entitled action, 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 REQUESTED
Petitioners hereby respectfully request this honorable
Court: (1) to clarify the meaning of the phrases "U.S. dollars",
"$", and "other like tender" as used in its Order issued on the
31st day of May, 1996, (2) to specify in which of these several
phrases this Court meant to include Federal Reserve Notes
("FRNs"), (3) to provide the requested clarification prior to
Petitioners' scheduled appearance before this Court on June 19,
1996, at 11:00 a.m., and (4) to fax said clarification to the
relator no later than 5:00 p.m. on Monday, June 17, 1996.
Notice of Intent to Appear and Petition for Clarification: Page
4 of 6
Respectfully submitted on June 12, 1996
via facsimile to the Clerk of Court, and
via Express U.S. Mail with filing fee enclosed therewith
/s/ Paul Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state and federal witness
all rights reserved without prejudice
Notice of Intent to Appear and Petition for Clarification: Page
5 of 6
PROOF OF SERVICE
I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state,
do hereby certify, under the laws of the United States of
America, without the "United States," 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:
NOTICE OF INTENT TO APPEAR, AND
PETITION FOR CLARIFICATION OF COURT'S ORDER
DATED THE 31st day of May, 1996
by placing one true and correct copy of same in first class
United States Mail, with postage prepaid and properly addressed
to the following individuals:
Attorney General
Department of Justice
10th and Constitution, N.W.
Washington, D.C.
zip code exempt
Solicitor General
Department of Justice
10th and Constitution, N.W.
Washington, D.C.
zip code exempt
Dated: June 12, 1996
/s/ Paul Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state
all rights reserved without prejudice
Notice of Intent to Appear and Petition for Clarification: Page
6 of 6
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People v. United States