Time: Fri Feb 28 18:17:02 1997
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	Fri, 28 Feb 1997 14:37:00 -0700 (MST)
Date: Fri, 28 Feb 1997 18:15:34 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: SLS: Motion to Dismiss Indictment (USDC)

[This text is formatted in Courier 11, non-proportional spacing.]


John Q. Doe, Sui Juris
Citizen of [UNION-STATE] state
[MAILING-LOCATION]
[CITY] (zip code exempt)
[UNION-STATE] STATE

In Propria Persona
All Rights Reserved Without Prejudice







                  UNITED STATES DISTRICT COURT

               JUDICIAL DISTRICT OF [UNION-STATE]


UNITED STATES OF AMERICA [sic], )  Case Number: _________________
                                )
          Plaintiff [sic],      )  NOTICE OF MOTION AND
                                )  MOTION TO DISMISS
     v.                         )  DUE TO ILLEGAL GRAND JURY
                                )  PROCEEDINGS:
JOHN Q. DOE [sic],              )  28 U.S.C. 1867;
                                )  Rule 6(b)(2), Federal Rules
          Defendant [sic].      )  of Criminal Procedure
________________________________)

COMES NOW John Q. Doe, Sui Juris, Citizen of [UNION-STATE] state,

expressly not a citizen of the United States ("federal citizen"),

and  Defendant   in  the   above  entitled   matter  (hereinafter

"Defendant"), to move this honorable Court to dismiss the instant

case with prejudice, due to improper seating and improper conduct

of the  federal grand  jury which  issued the indictment on which

the instant case is premised, and to provide formal Notice to all

interested party(s) of same.

     This honorable Court will please take formal judicial Notice

of the  fact that  Defendant is  not a bar-licensed attorney, and

has not had the advantage(s) of formal education in an accredited

law school.  For this reason, Defendant must learn and digest the

particulars of  law and procedure independently, as time permits.



Motion to Dismiss for Illegal Grand Jury Proceedings: Page 1 of 9


Therefore, this  Motion is  timely because the proper workings of

the federal grand jury system have only recently been deciphered.

The seven-day  time limit  for filing motions related to improper

grand jury  procedure(s) does  not apply  in  the  instant  case,

particularly when  due process  Rights  guaranteed  by  the  U.S.

Constitution are  at issue.   Even with the statutory time limit,

this Motion  is timely  because it  is being  filed  as  soon  as

possible after  discovery of  the  rules  according  to  which  a

federal grand  jury is  required to  proceed.   Moreover, related

statutory provisions have only recently been unraveled to clarify

the grounds  and the  precise manner  in  which  this  Motion  is

required to be prepared and submitted to this honorable Court.

     The key  provision which  demonstrates that Defendant should

have been  notified of an investigation and proceedings, premised

upon allegations of complaint prior to the grand jury having been

convened, is  found at  Rule 6(b)(1)  of  the  Federal  Rules  of

Criminal Procedure, to wit:

     (1)  Challenges.   The attorney  for  the  government  or  a
     defendant who  has been held to answer in district court may
     challenge the  array of  jurors on the ground that the grand
     jury was  not selected, drawn or summoned in accordance with
     law, and  may challenge  an individual  juror on  the ground
     that the  juror is  not legally qualified.  Challenges shall
     be made  before the administration of the oath to the jurors
     and shall be tried by the court.
                                                 [emphasis added]

     By failing  properly to  notify the Defendant of allegations

of complaint  and intent  to present  matters to a grand jury for

consideration, the  United States  Attorney effectively  deprived

Defendant of:   (1)  the Fourth Amendment Right to have access to

affidavits of  complaint;   (2)  the  Sixth  Amendment  Right  to

interview witnesses  against him;   (3) the Sixth Amendment Right



Motion to Dismiss for Illegal Grand Jury Proceedings: Page 2 of 9


to have  the assistance  of Counsel  during the proceedings;  and

(4) the  Right to challenge the jury selection process and/or the

qualifications of individual jury candidates.

     In the grand jury forum, prospective defendants enjoy Rights

articulated in  Rule 5.1(a), Federal Rules of Criminal Procedure,

pertaining to preliminary examinations, to wit:

     The defendant  may cross-examine  adverse witnesses  and may
     introduce evidence.

               [Rule 5.1(a), Federal Rules of Criminal Procedure]

     This Court  will also  please take  formal Notice  that  the

Federal Rules  of Evidence,  which are  otherwise restrictive, do

not apply  to preliminary  hearings or to grand jury proceedings.

See  Rule   1101(d)(2)  and   (3),  Federal  Rules  of  Evidence.

Accordingly, the  applicable  elements  of  the  common  law  and

constitutionally guaranteed  Rights are  both preserved  in these

two forums.   According  to the  U.S. Supreme Court's decision in

Blair v.  United States, 250 U.S. 273, 282 (1919), the grand jury

retains common  law powers  and authority vested by common law of

English-American lineage  prior to  the ratification  of the U.S.

Constitution.   The reason  for the  preservation  of  the  grand

jury's traditional  authority, with  the exclusion  provision  at

Rule 1101(d)(2),  is found  at  28  U.S.C.  2072,  which  conveys

authority for  the U.S.  Supreme Court  to promulgate  rules  for

statutory courts of the United States, to wit:

     (b)  Such rules  shall not  abridge, enlarge  or modify  any
     substantive right.   All  laws in  conflict with  such rules
     shall be of no further force or effect after such rules have
     taken effect.

     Therefore,  convening   a  grand  jury  in  secret,  without

affording  Defendant   an  opportunity   to  challenge  the  jury


Motion to Dismiss for Illegal Grand Jury Proceedings: Page 3 of 9


selection process or the qualifications of the individual jurors,

and to  exercise Fourth and Sixth Amendment Rights to have access

to the  substance of  complaints, to interview adverse witnesses,

and either  stand in  Defendant's own  stead or be represented by

counsel, defaults  the alleged  indictment into  an action  ultra

vires ab  initio (without  authority from  the beginning).    The

entire grand  jury array  must be  defaulted, therefore,  and the

indictment dismissed, pursuant to 28 U.S.C. 1867(d), to wit:

     (d)  Upon motion  filed under subsection (a), (b), or (c) of
     this section,  containing a  sworn statement of facts which,
     if true,  would constitute  a substantial  failure to comply
     with provisions  of this title ....  If the court determines
     that there has been a substantial failure to comply with the
     provisions of  this title  in selecting  the grand jury, the
     court shall  stay the proceedings pending the selection of a
     grand jury  in conformity  with this  title or  dismiss  the
     indictment, whichever is applicable.

                                                 [emphasis added]

     Where the  instant case is concerned, the alleged indictment

must be  dismissed  because  the  entire  selection  and  seating

process was  conducted under  the exclusive control of the United

States Attorney, without the Defendant having had the opportunity

to participate  in the  selection and  qualification process,  as

prescribed by  Rule 6(b)(1)  of the  Federal  Rules  of  Criminal

Procedure.

     This, of  necessity, defaults  all members of the grand jury

responsible for  the alleged  indictment, because an a posteriori

position does  not afford  the opportunity  to correct  an  error

which abridges  the provisions  of Rule  6(b)(1) of  the  Federal

Rules of Criminal Procedure.

     Defendant's Affidavit  of Facts,  as required  by 28  U.S.C.

1867(d), follows the PROOF OF SERVICE attending to this Motion.



Motion to Dismiss for Illegal Grand Jury Proceedings: Page 4 of 9


                        REMEDY REQUESTED

     Premises considered, Defendant moves this honorable Court to

dismiss the  indictment  with  prejudice,  said  dismissal  being

mandated by the operation of law.


                          VERIFICATION

     Defendant hereby  verifies, under  penalty of perjury, under

the laws  of the  United States  of America,  without the "United

States", that  the above  statement of facts is true and correct,

and all matters of law addressed herein are accurate and true, to

the best  of  Defendant's  current  information,  knowledge,  and

belief, so help Me God, pursuant to 28 U.S.C. 1746(1).



Executed on [mm/dd/yy]:




/s/ John Q. Doe
_____________________________________
John Q. Doe, Sui Juris
Citizen of [UNION-STATE] state
All Rights Reserved Without Prejudice
























Motion to Dismiss for Illegal Grand Jury Proceedings: Page 5 of 9


                        PROOF OF SERVICE

I, John  Q. Doe,  Sui Juris,  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 OF MOTION AND MOTION TO DISMISS
             DUE TO ILLEGAL GRAND JURY PROCEEDINGS:
                 28 U.S.C. 1867;  Rule 6(b)(1),
               Federal Rules of Criminal Procedure

                       AFFIDAVIT OF FACT:
                   28 U.S.C. 1746(1);  1867(d)


by placing  said document(s)  with exhibits in first class United

States Mail,  with postage  prepaid and properly addressed to the

following individuals:


Attorney General
Department of Justice
10th and Constitution, N.W.
Washington, D.C.

Solicitor General
Department of Justice
10th and Constitution, N.W.
Washington, D.C.

Office of United States Attorney
[mailing location]
[CITY] (zip code exempt)
[UNION-STATE] STATE


Executed on [mm/dd/yy]:





/s/ John Q. Doe
_____________________________________
John Q. Doe, Sui Juris
Citizen of [UNION-STATE] state
All Rights Reserved without Prejudice





Motion to Dismiss for Illegal Grand Jury Proceedings: Page 6 of 9


John Q. Doe, Sui Juris
Citizen of [UNION-STATE] state
[MAILING-LOCATION]
[CITY] (zip code exempt)
[UNION-STATE] STATE

In Propria Persona
All Rights Reserved Without Prejudice







                  UNITED STATES DISTRICT COURT

               JUDICIAL DISTRICT OF [UNION-STATE]


UNITED STATES OF AMERICA [sic], )  Case Number: _________________
                                )
          Plaintiff [sic],      )  AFFIDAVIT OF FACTS:
                                )  28 U.S.C. 1746(1), 1867(d)
     v.                         )
                                )
JOHN Q. DOE [sic],              )
                                )
          Defendant [sic].      )
________________________________)

COMES NOW John Q. Doe, Sui Juris, Citizen of [UNION-STATE] state,

expressly not a citizen of the United States ("federal citizen"),

and  Defendant   in  the   above  entitled   matter  (hereinafter

"Defendant"), to submit this, Defendant's AFFIDAVIT OF FACTS.


                          VERIFICATION

     Defendant hereby  verifies, under  penalty of perjury, under

the laws  of the  United States  of America,  without the "United

States", that  the following  statement  of  facts  is  true  and

correct, and all matters of law addressed herein are accurate and

true, to  the best of Defendant's current information, knowledge,

and belief, so help Me God, pursuant to 28 U.S.C. 1746(1).

/

                 [Please see next page et seq.]


Motion to Dismiss for Illegal Grand Jury Proceedings: Page 7 of 9


     I am  a Citizen  of [UNION-STATE] state, which is one of the

several States party to the Constitution for the United States of

America, as lawfully amended (hereinafter "U.S. Constitution").

     I inhabit  and  live  in  [CITY],  [UNION-STATE]  state,  on

privately owned  land which  is not within any federal enclave or

federal area,  as ceded to the United States (federal government)

in compliance with 40 U.S.C. 255.  See also 18 U.S.C. 7(3).

     As such, I am endowed by My Creator with certain unalienable

Rights, and  I am  entitled to  all Rights  secured by  the  U.S.

Constitution, particularly  with resepect  to due  process of law

provisions articulated  in the  Fourth, Fifth, Sixth, and Seventh

Amendments to said Constitution.

     I attest  that I  was never served with actual notice of any

grand jury  investigation  concerning  allegations  made  in  the

alleged indictment(s) filed in the instant case.

     I attest  that I was never present, nor was I represented by

counsel, when the grand jury was drawn and seated and, therefore,

I did  not have  the opportunity  to  challenge  the  grand  jury

qualification or  seating process  before the fact, as prescribed

by Rule 6(b)(1) of the Federal Rules of Criminal Procedure.

     I attest  that I was never provided with copies of any valid

affidavits of complaint, as required by the Fourth Amendment, nor

did I  have an  opportunity to  confront witnesses against Me, as

assured by the Sixth Amendment.

     I attest  that I  was  never  provided  the  opportunity  to

present evidence  to the  grand jury  once convened,  nor to call

witnesses on My behalf.





Motion to Dismiss for Illegal Grand Jury Proceedings: Page 8 of 9


     I attest  that  the  first  knowledge  I  had  of  any  such

proceedings was  conveyed to  Me by  means of a summons which was

sent from  the office  of the Clerk of the United States District

Court, the  summons  and  alleged  indictment  having  been  sent

together.

     FURTHER AFFIANT SAYETH NAUGHT.


Executed on [mm/dd/yy]:





/s/ John Q. Doe
_____________________________________
John Q. Doe, Sui Juris
Citizen of [UNION-STATE] state
All Rights Reserved without Prejudice


































Motion to Dismiss for Illegal Grand Jury Proceedings: Page 9 of 9


                             #  #  #

========================================================================
Paul Andrew, Mitchell, B.A., M.S.    : Counselor at Law, federal witness
email:       [address in tool bar]   : Eudora Pro 3.0.1 on Intel 586 CPU
web site:  http://www.supremelaw.com : library & law school registration
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
========================================================================


      


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