FORMAL OBJECTIONS AND

DEMAND FOR EXHIBITION OF AUTHORITY(S)

 

 

TO:       Carmen L. Mallon

      dba Chief of Staff

          Office of Information and Privacy

          U.S. Department of Justice

          Washington 20530

          DISTRICT OF COLUMBIA, USA

 

FROM:     Paul Andrew Mitchell, B.A., M.S.

          Private Attorney General, 18 U.S.C. 1964

 

DATE:     July 30, 2011 A.D.

 

SUBJECT:  erroneous letter from you dated July 20, 2011 and

          all prior letters exhibiting the same errors

 

Greetings Carmen Mallon:

 

Please take note of the following authorities:

 

When person has been nominated to office by President, confirmed by Senate, and his commission signed by President, with seal of United States affixed thereto, his appointment is complete.

 

[U.S. v. LeBaron, 60 U.S. 73, 19 How. 73]

[15 L.Ed. 525 (1856), bold emphasis added]

 

The commissions of judicial officers ... appointed by the President, by and with the advice and consent of the Senate ... shall be made out and recorded in the Department of Justice under the seal of that department and countersigned by the Attorney General.

[5 U.S.C. 2902(c), bold emphasis added]

 

Federal District Judges are initially nominated by the President of the United States of America.  The latter Office is in the Executive Branch, not the Judicial Branch.

 

The nomination is either approved or not by the United States Senate.  The latter is the Legislative Branch, not the Judicial Branch.

 

If the nominee is approved by the U.S. Senate, the SENATE CONFIRMATION is then conveyed to the Office of President, where it must be signed by the President.  The latter Office is in the Executive Branch, not the Judicial Branch.

 

Lastly, after a PRESIDENTIAL COMMISSION is duly signed by the President, it must be conveyed to the Office of the United States Attorney General.  There, it must be duly countersigned by the Attorney General and sealed with the official seal of the U.S. Department of Justice.

 

The Office of the Attorney General is also in the Executive Branch, not the Judicial Branch.

 

As you can see from the chain of possession fully described above, the PRESIDENTIAL COMMISSION required of all U.S. District Judges is never in the legal custody of any personnel employed by the Judicial Branch of the United States (Federal government).

 

One more thing:  the U.S. Department of Justice is an “agency” as that term occurs at 5 U.S.C. 2906:  Oath, custody (“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” [emphasis added]).  Do you not see how that statute accurately mirrors Articles I, II and III?

 

 

DEMAND FOR SPECIFIC AUTHORITY(S)

 

In light of all of the above verifiable authorities, we now require you to produce some lawful authority(s) –- any lawful authority(s) –- supporting your suspicious claim that the signed and sealed originals of said PRESIDENTIAL COMMISSIONS can be located in the Administrative Office of the United States Courts at One Columbus Circle N.E. in Washington, D.C.

 

Please take your time:  in light of all of the bad legal advice which you have transmitted to my office during recent years, I should think that you would have double-checked your very first claim(s) concerning the A.O. before transmitting same via U.S. Mail in response to proper and lawful requests submitted under the Freedom of Information Act.

 

If you conveniently forget to answer this DEMAND, you can be sure that we will remind you.

 

 

Thank you for your prompt and professional consideration.

 

 

p.s.  We’re not stupid here, so please do not make that mistake too.

 

 

Sincerely yours,

 

/s/ Paul Andrew Mitchell

 

Paul Andrew Mitchell, B.A., M.S.

Private Attorney General, 18 U.S.C. 1964(a)

http://www.supremelaw.org/decs/agency/private.attorney.general.htm

Criminal Investigator and Federal Witness: 18 U.S.C. 1510, 1512-13