NOTICE AND DEMAND FOR PRODUCTION OF DOCUMENTS
TO: D. Brooks Smith
c/o U.S. Court of Appeals for the Third Circuit
21400 United States Courthouse
601 Market Street
FROM: Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
501 West Broadway #A-332
San Diego 92101
Fax: (619) 232-2011 (use cover sheet)
DATE: January 19, 2009 A.D.
SUBJECT: APPOINTMENT AFFIDAVIT required by 5 U.S.C. 2906, 3331
Greetings D. Brooks Smith,
The federal statute at 5 U.S.C. 2906 reads as follows:
The oath of office taken by an individual under section 3331 of this title shall be delivered by him to, and preserved by, the House of Congress, agency, or court to which the office pertains.
As of October 1, 2004 A.D., a proper SUBPOENA IN A CIVIL CASE was overdue for your OATH OF OFFICE and APPOINTMENT AFFIDAVIT. Our FOIA Request for all 4 credentials required of you is also PAST DUE.
We now infer that section 2906 supra renders you a material witness to either the existence, or absence, of the OPM Form 61 APPOINTMENT AFFIDAVIT mandated by the federal statute at 5 U.S.C. 3331.
DEMAND FOR SPECIFIC PERFORMANCE
Accordingly, formal DEMAND is hereby made of you to direct the designated legal custodian to locate, photocopy and transmit a true and correct copy of your APPOINTMENT AFFIDAVIT to the mailing location shown above no later than 5:00 p.m. on Monday, February 2, 2009 A.D.
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. See also 18 U.S.C. 912, 1341, 1961 et seq.
Thank you for your timely professional cooperation.
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a), Rotella v. Wood