Time: Thu Sep 04 08:20:10 1997 by usr09.primenet.com (8.8.5/8.8.5) with SMTP id FAA21395; Thu, 4 Sep 1997 05:31:36 -0700 (MST) Date: Thu, 04 Sep 1997 05:31:37 -0700 To: "Harold Thomas" <harold@halcyon.com> From: Paul Andrew Mitchell [address in tool bar] Subject: SLF: MOTION FOR REHEARING AND RECONSIDERATION References: <3.0.3.16.19970903165519.402f4714@pop.primenet.com> At 01:33 AM 9/4/97 +0000, you wrote: >Paul, > >Now THIS I like! Me too!!! > Do keep us posted on the response to this motion. We will. Karl is posting everything he files, on his website. That URL is found below. >This one you could take up all the way as a matter of legal error if >they deny, I would think! We believe the theory is sound, namely, without PROOF of credentials in the man alleging to be U.S. Attorney, he cannot represent the Defendant United States. And, even if he IS a U.S. Attorney, that office still lacks Powers of Attorney to represent Defendants IRS and Mr. Chafin. Read Title 31 for proof. We think we have them by the proverbial chestnuts now. The FOIA is the key, because it creates a federal cause of action in the Plaintiff's favor: he MUST be allowed to invoke judicial remedies to compel production, either of credentials, or admissions that the requisite credentials do NOT exist. Our ace in the hole is the Appointment Affidavit, an OMB-approved form which displays an Oath of Office. If we get a certified copy of one from the U.S. Attorney, we will switch the court into equity, to sue out the exact provisions of that constitution which he agreed to support. That should cause the so-called 16th amendment to hit the table, with a loud thud!! We will convene a jury to issue declaratory on this question: "Do the facts support a legal conclusion that the so-called 16th Amendment was never lawfully ratified? Yes or No?" Maybe also this one too: "Do the facts support a legal conclusion that the so-called 14th Amendment was never lawfully ratified? Yes or No?" Such relief will also require litigation, in Karl's federal Circuit, of our challenge to the federal Jury Selection and Service Act ("JSSA"). See Gilbertson's OPENING BRIEF for details. Karl has already filed this brief in his case, as an exhibit of a related case. Stay tuned, Harold, and do keep up the good work yourself. Your work is indeed a pleasure to see -- such consistently high quality. /s/ Paul Mitchell http://supremelaw.com copy: Karl Kleinpaste, Supreme Law School > >Sooner or later, these guys are going to >run into a brick wall and their tyrannical and lawless behavior is >going to become so apparent and undeniable that, well, ... I guess >it is already, . but we can hope, can't we!?!?! We are doing more than hoping -- WE ARE LITIGATING!!! > >Harold > > >> Date: Wed, 03 Sep 1997 16:55:19 -0700 >> To: (Recipient list suppressed) >> From: Paul Andrew Mitchell [address in tool bar] >> Subject: SLF: MOTION FOR REHEARING AND RECONSIDERATION > >> >Subject: SLS: MOTION FOR REHEARING AND RECONSIDERATION >> > >> >Dear Clients, >> > >> >Karl Kleinpaste and I have an update to >> >share with you, at URL: >> > >> > http://pocari-sweat.jprc.com/~karl/govt/lawsuit/ >> > >> > >> >Go to the latest document in Karl's on-line docket: >> > >> > MOTION FOR REHEARING AND RECONSIDERATION, filed 9/3/97 >> > >> > >> >Here is a summary of the argument: >> > >> > >> >Mr. Clarke, alleging to be the U.S. Attorney representing >> >all named defendants, has not produced credentials. >> > >> >Therefore: >> > >> >1. He does not occupy the office of United States Attorney; >> > >> >2. As a result of 1, he cannot represent Defendant United States; >> > >> >3. Even if he had proven he lawfully occupies the office >> > of the United States Attorney, said office has never >> > been granted Power of Attorney to represent Defendant IRS, >> > by Act of Congress; >> > >> >4. Similarly, even if he had proven he occupies said office, >> > it has never been granted Power of Attorney to represent >> > private litigants like Defendant Chafin; >> > >> >5. IRS is not a department, bureau, or organization within >> > the United States Department of the Treasury, so the >> > statutes which Clarke has cited, grant no Power of Attorney >> > to the office of United States Attorney to represent IRS. >> > >> > >> >Therefore, none of the named defendants, including the >> >United States, the Internal Revenue Service, and Mr. Chafin, >> >has yet made ANY proper appearances, setting the stage for >> >a default judgment. >> > >> >However, Plaintiff Kleinpaste is now insisting that a >> >STAY OF PROCEEDINGS is proper, pending discovery of >> >documents requested under the FOIA, or formal admission >> >that the requested documents do not, in fact, exist. >> > >> >Failure to take the requisite oath of office is grounds >> >for ouster via Quo Warranto; see Gilbertson's OPENING >> >BRIEF for a thorough exposition of this legal history. >> >Silence also activates estoppel by acquiescence, pursuant >> >to Carmine v. Bowen. >> > >> >Plaintiff Kleinpaste has now provided the USDC with ample legal >> >justification for permitting a FOIA suit to proceed in the DCUS, >> >pursuant to 5 U.S.C. 552(a)(4)(B), and the transfer statute >> >at 28 U.S.C. 1631. >> > >> >Hang on to your hats! >> > >> >/s/ Paul Mitchell >> >http://supremelaw.com >> > >> >copy: Supreme Law School >> >> ======================================================================== >> 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 >> website: http://www.supremelaw.com : visit the Supreme Law Library now >> 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. >> ======================================================================== >> [This text formatted on-screen in Courier 11, non-proportional spacing.] >> >Harold Thomas >harold@halcyon.com >http://www.halcyon.com/harold/ > > ======================================================================== 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 website: http://www.supremelaw.com : visit the Supreme Law Library now 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. ======================================================================== [This text formatted on-screen in Courier 11, non-proportional spacing.]
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