Time: Thu Aug 21 09:29:41 1997
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Date: Thu, 21 Aug 1997 07:11:47 -0700
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLF: Criminal Complaint in Grand Jury case
<snip>
>
>Subject: SLF: Criminal Complaint in Grand Jury case
>
>[This text is formatted in Courier 11, non-proportional spacing.]
>
>
>Paul Andrew Mitchell, Sui Juris
>Citizen of Arizona state
>c/o general delivery at:
>2509 North Campbell Ave., #1776
>Tucson [zip code exempt]
>ARIZONA STATE
>
>In Propria Persona
>
>All Rights Reserved
>without prejudice
>
>
>
>
> JUDICIAL COUNCIL
>
> FOR THE NINTH CIRCUIT
>
>
>In re Charge of ) No. 96-80380
> )
>Judicial Misconduct ) NOTICE AND DEMAND
> ) TO APPEAR BEFORE A
> ) COMPETENT AND QUALIFIED
> ) FEDERAL GRAND JURY;
> ) VERIFIED CRIMINAL COMPLAINT;
> ) NOTICE OF REFUSAL FOR CAUSE:
> )
> ) 18 U.S.C. 4, 1504, 1512, 1513;
>________________________________) Petition & Due Process Clauses
>
>COMES NOW Paul Andrew Mitchell, Sui Juris, Citizen of Arizona
>
>state, federal witness (hereinafter "Complainant"), and Vice
>
>President for Legal Affairs of New Life Health Center Company, an
>
>Unincorporated Business Trust domiciled in the Arizona Republic
>
>(hereinafter the "Trust"), formally to demand an opportunity to
>
>appear before a competent and qualified federal grand jury,
>
>pursuant to the second paragraph of 18 U.S.C. 1504; to bring and
>
>file a verified CRIMINAL COMPLAINT in the matter of the judicial
>
>misconduct which is the subject of the instant case; to refuse
>
>the ORDER AND MEMORANDUM for fraud by Mr. Procter Hug, as filed
>
>in the instant case on August 14, 1997, which ORDER allegedly
>
>dismissed the instant Complaint of Judicial Misconduct; and to
>
>provide formal Notice of the above to all interested party(s).
>
>
>Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
> Page 1 of 9
>
>
> DEMAND TO APPEAR BEFORE A
> COMPETENT AND QUALIFIED FEDERAL GRAND JURY
>
> Complainant hereby demands an opportunity to appear before a
>
>competent and qualified federal grand jury, lawfully convened
>
>under auspices of the United States Court of Appeals for the
>
>Ninth Circuit, to provide sworn testimony concerning the events,
>
>alleged misconduct, and voluminous supporting documentation which
>
>have given rise to the instant Complaint. Complainant demands
>
>that said opportunity be created, and that said appearance occur,
>
>no later than November 30, 1997. The instant DEMAND is made
>
>pursuant to the second paragraph in 18 U.S.C. 1504, to wit:
>
> Nothing in this section shall be construed to prohibit the
> communication of a request to appear before the grand jury.
>
> [bold emphasis added]
>
> Complainant constructs said paragraph to mean that employees
>
>of all branches of the United States (federal government) are
>
>barred from obstructing such a request, delaying such a request,
>
>or otherwise preventing a request to appear before the federal
>
>grand jury from reaching the foreperson of the federal grand jury
>
>via first class, certified, and/or registered United States Mail.
>
> Complainant offers to prove that there are no statutes
>
>codified anywhere in the United States Code, or otherwise enacted
>
>by the Congress, which authorize federal judges, United States
>
>Attorneys, and/or clerks of the federal district courts, to
>
>delay, obstruct, or otherwise prevent the delivery of
>
>correspondence transmitted via United States Mail to the
>
>foreperson of a lawfully convened grand jury, particularly when
>
>said correspondence contains a lawful, and proper, request to
>
>appear before same and is transmitted with return receipt and
>
>restricted delivery services requested and purchased.
>
>
>Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
> Page 2 of 9
>
>
> VERIFIED CRIMINAL COMPLAINT
>
> Complainant hereby formally charges the following named
>
>individuals, both jointly and severally, with the corresponding
>
>crimes enumerated infra:
>
>
>Mr. John M. Roll with:
>
>(1) obstructing correspondence transmitted via first class,
> certified, and registered United States Mail, under color of
> law (25 counts), in violation of 18 U.S.C. 1702;
>
>(2) tampering with a federal grand jury (25 counts), in
> violation of 18 U.S.C. 1512;
>
>(3) obstruction of criminal investigations (25 counts), in
> violation of 18 U.S.C. 1510;
>
>(4) deprivation of fundamental Rights under color of law,
> specifically the Right to Petition a federal grand jury for
> a formal investigation (25 counts), in violation of 18
> U.S.C. 242;
>
>(5) conspiracy to commit all of the above (25 counts), in
> violation of 18 U.S.C. 241 and 371;
>
>(6) perjury before a judicial proceeding in the United States
> District Court (2 counts), in violation of 18 U.S.C. 1623.
>
>
>Mr. Robert L. Miskell with:
>
>(1) obstructing correspondence transmitted via first class,
> certified, and registered United States Mail, under color of
> law (25 counts), in violation of 18 U.S.C. 1702;
>
>(2) tampering with a federal grand jury (25 counts), in
> violation of 18 U.S.C. 1512;
>
>(3) obstruction of criminal investigations (25 counts), in
> violation of 18 U.S.C. 1510;
>
>(4) deprivation of fundamental Rights under color of law,
> specifically the Right to Petition a federal grand jury for
> a formal investigation (25 counts), in violation of 18
> U.S.C. 242;
>
>(5) conspiracy to commit all of the above (25 counts), in
> violation of 18 U.S.C. 241 and 371;
>
>(6) perjury before a judicial proceeding in the United States
> District Court (2 counts), in violation of 18 U.S.C. 1623;
>
>(7) contempt of a United States District Court in the matter of
> enforcing a federal grand jury subpoena (2 counts), in
> violation of 18 U.S.C. 402.
>
>
>Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
> Page 3 of 9
>
>
>Ms. Janet Napolitano with:
>
>(1) aiding and abetting the obstruction of correspondence
> transmitted via first class, certified, and registered
> United States Mail, under color of law (25 counts), in
> violation of 18 U.S.C. 2 and 1702;
>
>(2) aiding and abetting the act of tampering with a federal
> grand jury (25 counts), in violation of 18 U.S.C. 2 and
> 1512;
>
>(3) aiding and abetting obstruction of criminal investigations
> (25 counts), in violation of 18 U.S.C. 2 and 1510;
>
>(4) deprivation of fundamental Rights under color of law,
> specifically the Right to Petition a lawfully convened
> federal grand jury for a formal investigation (25 counts),
> in violation of 18 U.S.C. 242;
>
>(5) conspiracy to commit all of the above (25 counts), in
> violation of 18 U.S.C. 241 and 371.
>
>
>Mr. Richard H. Weare with:
>
>(1) aiding and abetting the obstruction of correspondence
> transmitted via first class, certified, and registered
> United States Mail, under color of law (25 counts), in
> violation of 18 U.S.C. 2 and 1702;
>
>(2) aiding and abetting the act of tampering with a federal
> grand jury (25 counts), in violation of 18 U.S.C. 2 and
> 1512;
>
>(3) aiding and abetting obstruction of criminal investigations
> (25 counts), in violation of 18 U.S.C. 2 and 1510;
>
>(4) deprivation of fundamental Rights under color of law,
> specifically the Right to Petition a lawfully convened
> federal grand jury for a formal investigation (25 counts),
> in violation of 18 U.S.C. 242;
>
>(5) conspiracy to commit all of the above (25 counts), in
> violation of 18 U.S.C. 241 and 371.
>
>
>Ms. Evangelina Cardenas with:
>
>(1) aiding and abetting the obstruction of correspondence
> transmitted via first class, certified, and registered
> United States Mail, under color of law (25 counts), in
> violation of 18 U.S.C. 2 and 1702;
>
>(2) aiding and abetting the act of tampering with a federal
> grand jury (25 counts), in violation of 18 U.S.C. 2 and
> 1512;
>
>
>Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
> Page 4 of 9
>
>
>(3) aiding and abetting obstruction of criminal investigations
> (25 counts), in violation of 18 U.S.C. 2 and 1510;
>
>(4) deprivation of fundamental Rights under color of law,
> specifically the Right to Petition a lawfully convened
> federal grand jury for a formal investigation (25 counts),
> in violation of 18 U.S.C. 242;
>
>(5) conspiracy to commit all of the above (25 counts), in
> violation of 18 U.S.C. 241 and 371;
>
>
>Does 1 thru 10:
>
>(1) aiding and abetting the obstruction of correspondence,
> transmitted via first class, certified, and registered
> United States Mail, under color of law (one or more counts),
> in violation of 18 U.S.C. 2 and 1702;
>
>(2) aiding and abetting the act of tampering with a federal
> grand jury (one or more counts), in violation of 18 U.S.C. 2
> and 1512;
>
>(3) aiding and abetting obstruction of criminal investigations
> (one or more counts), in violation of 18 U.S.C. 2 and 1510;
>
>(4) deprivation of fundamental Rights under color of law,
> specifically the Right to Petition a lawfully convened
> federal grand jury for a formal investigation (one or more
> counts), in violation of 18 U.S.C. 242;
>
>(5) conspiracy to commit all of the above (one or more counts),
> in violation of 18 U.S.C. 241 and 371;
>
>(6) retaliating against a witness, victim, or an informant (12
> counts), in violation of 18 U.S.C. 1513;
>
>(7) misprision of felony (one or more counts), in violation of
> 18 U.S.C. 4.
>
> NOTICE OF REFUSAL FOR FRAUD
>
> Complainant hereby formally refuses Mr. Procter Hug's
>
>alleged dismissal of the instant Complaint of Judicial
>
>Misconduct, for all of the following reasons, to wit:
>
> (1) Mr. Hug's judicial compensation is presently being
>
>diminished unlawfully by federal income taxes, in violation of
>
>Article III, Section 1, of the Constitution for the United States
>
>of America, as lawfully amended; this diminution is evidence of
>
>a bias, and of an unlawful conflict of interest, because of the
>
>
>Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
> Page 5 of 9
>
>
>existence of a prior contract with a real party of interest --
>
>the "Internal Revenue Service" [sic], as represented by suspect
>
>Evangelina Cardenas alleging falsely to be a Special Agent [sic].
>
> (2) Mr. Hug committed a serious error by merely insinuating
>
>that Complainant had violated one or more of the prohibitions of
>
>18 U.S.C. 1504, without specifically enumerating any further
>
>details, when the second paragraph of said statute very clearly
>
>reserves to Complainant the Right to petition a competent and
>
>qualified federal grand jury for an opportunity to appear, and
>
>also for a formal investigation into testimony and documentary
>
>evidence which Complainant sought, and still seeks, to bring
>
>before said grand jury. It was not appropriate for Mr. John M.
>
>Roll either to keep, or to forward, communications to Mr. Robert
>
>L. Miskell, because said acts contributed directly to the
>
>obstruction of said communications and permanently prevented same
>
>from ever reaching the foreperson of said grand jury, in repeated
>
>and premeditated violations of 18 U.S.C. 241, 242, 371, and 1510.
>
> (3) Complainant has challenged officials of the United
>
>States Postal Service ("USPS") to produce all statutory and
>
>constitutional authorities which might otherwise permit, with
>
>impunity, a federal judge permanently to obstruct correspondence
>
>directed to the foreperson of a federal grand jury, and no such
>
>authorities were ever produced. On the contrary, every single
>
>employee of the USPS whom Complainant has approached with this
>
>question, has answered in the negative, namely, there are no
>
>authorities whatsoever which permit federal judges to obstruct
>
>first class, certified and/or registered United States Mail, when
>
>said mail was directed to the foreperson of a federal grand jury,
>
>and when return receipt and restricted delivery services were
>
>also requested and purchased from the USPS counter clerks.
>
>
>Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
> Page 6 of 9
>
>
> (4) Mr. Hug admits to having made at most a "limited
>
>inquiry" into the voluminous documentation which Complainant has
>
>filed with the Clerk of the United States Court of Appeals for
>
>the Ninth Circuit, and which Complainant incorporated into the
>
>instant Complaint by reference, as if set forth fully herein.
>
>Moreover, Mr. Hug never made a judicial determination that the
>
>instant Complaint was extraordinary in any way, and yet Mr. Hug
>
>violated the Ninth Circuit's own rules for expeditious review of
>
>proper Complaints of Judicial Misconduct or Disability, by
>
>exceeding the guidelines for same. This "limited inquiry," and
>
>these unnecessary delays, in processing the instant Complaint,
>
>have combined to work an irreparable prejudice upon Complainant,
>
>in violation of Complainant's fundamental Rights to due process
>
>of law, as guaranteed by the Fifth Amendment in the Bill of
>
>Rights, and to Petition the Government for Redress of Grievances,
>
>in violation of the First Amendment in the Bill of Rights.
>
>Silence can be equated with a fraud where there is a legal or a
>
>moral duty to speak. Complainant hereby charges that Mr. Hug
>
>abused discretion by waiting an inordinate and unjustified amount
>
>of time, before alleging to dismiss the instant Complaint.
>
>
> VERIFICATION
>
> Complainant hereby verifies, under penalty of perjury, under
>
>the laws of the United States of America, without the "United
>
>States", that the foregoing statement of facts is true and
>
>correct, to the best of Counsel's current information, knowledge,
>
>and belief, so help Me God, pursuant to 28 U.S.C. 1746(1).
>
>
>Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
> Page 7 of 9
>
>
> PROOF OF SERVICE
>
>I, Paul Andrew, Mitchell, B.A., M.S., 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, and
>
>that I personally served the following document(s):
>
> NOTICE AND DEMAND TO APPEAR BEFORE A
> COMPETENT AND QUALIFIED FEDERAL GRAND JURY;
> VERIFIED CRIMINAL COMPLAINT; NOTICE OF REFUSAL FOR CAUSE:
> 18 U.S.C. 4, 1504, 1512, 1513; Petition & Due Process Clauses
>
>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 [sic] John M. Roll [sic]
>Acapulco Building, Suite 8310 U.S. District Court
>110 South Church Avenue 55 E. Broadway
>Tucson, Arizona state Tucson, Arizona state
>
>JANET NAPOLITANO [sic] Clerk of Court
>Acapulco Building, Suite 8310 United States District Court
>110 South Church Avenue 55 E. Broadway
>Tucson, Arizona state Tucson, Arizona state
>
>Grand Jury Foreperson Postmaster
>In re: New Life Health Center Co. U.S. Post Office
>55 E. Broadway Downtown Station
>Tucson, Arizona state Tucson, Arizona state
>
>Judge Alex Kozinski Evangelina Cardenas [sic]
>Ninth Circuit Court of Appeals "Internal Revenue Service"
>125 S. Grand Avenue, Suite 200 300 West Congress
>Pasadena, California state Tucson, Arizona state
>
>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.
>
>Thomas H. Basham Eugene A. Burns
>Federal Bureau of Investigation New Life Health Center Company
>201 East Indianola 4500 East Speedway, Suite 27
>Phoenix, Arizona state Tucson, Arizona state
>
>Chief Judge
>Ninth Circuit Court of Appeals
>c/o P.O. Box 193939
>San Francisco, California
>
>
>Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
> Page 8 of 9
>
>
>Executed on August 21, 1997:
>
>/s/ Paul Mitchell
>_______________________________________________________
>Paul Andrew, Mitchell, B.A., M.S.
>Citizen of Arizona state, federal witness,
>Counselor at Law, and Vice President for Legal Affairs,
>New Life Health Center Company, Tucson, Arizona state
>
>All Rights Reserved without prejudice
>
>
>Notice/Demand to Appear, Criminal Complaint, Refusal for Cause:
> Page 9 of 9
>
>
> # # #
========================================================================
Paul Andrew Mitchell : Counselor at Law, federal witness
B.A., Political Science, UCLA; M.S., Public Administration, U.C. Irvine
tel: (520) 320-1514: machine; fax: (520) 320-1256: 24-hour/day-night
email: [address in tool bar] : using Eudora Pro 3.0.3 on 586 CPU
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ship to: c/o 2509 N. Campbell, #1776 : this is free speech, at its best
Tucson, Arizona state : state zone, not the federal zone
Postal Zone 85719/tdc : USPS delays first class w/o this
As agents of the Most High, we came here to establish justice. We shall
not leave, until our mission is accomplished and justice reigns eternal.
========================================================================
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