Time: Wed Sep 03 17:44:42 1997 Date: Wed, 03 Sep 1997 16:59:54 -0700 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in toolbar] 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 Her 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 toolbar] : 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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