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Date: Fri, 18 Apr 1997 19:39:13 -0700
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From: Paul Andrew Mitchell [address in tool bar]
Subject: L&J: SLF: First Amendment Triumphs (1 of 5)

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


                   "First Amendment Triumphs"

                               by

                Paul Andrew Mitchell, B.A., M.S.
              Counselor at Law and Federal Witness
                       All Rights Reserved
                             (1997)


                          Introduction


The prototype  pleadings which  follow this introduction are part
of a  much larger strategy which is based on the latest knowledge
about the law of federal court jurisdiction.


Here is the general sequence:

1.   Freedom of  Information Act  ("FOIA") requests are submitted
     for the  credentials of all government actors, including the
     judge, followed by timely FOIA appeals.


2.   Then, Final  Notice and Demand for Proof of Power, Standing,
     and  Jurisdiction   in  the   particulars   (aka   Bill   of
     Particulars), with same deadline as FOIA appeals:

     a.   Power of  Attorney, if any, to represent the Plaintiffs
          "United States of America" ("U.S.A.").

     b.   Standing to sue, if any, of Plaintiffs "U.S.A."

     c.   Original criminal  jurisdiction, if  any, of the United
          States District Court ("USDC").

     d.   Regulations published  in the Federal Register, if any,
          for key statutes, e.g. Jury Selection and Service Act.


3.   Affidavits of Default and of Probable Cause, if and when the
     Department of  Justice (and  all  other  agencies)  fail  to
     produce the certified evidence demanded above:

     a.   Testifies to  DOJ's  (or  other  agency's)  failure  to
          produce certified  evidence, on  or before  the  stated
          deadline

     b.   Testifies to  existence of  probable  cause  to  charge
          government  actors  with  deprivations  of  fundamental
          Rights under 18 U.S.C. 241 and 242, e.g. due process of
          law as guaranteed by Fifth Amendment

     c.   Activates estoppel by acquiescence


4.   Verified Petition for Warrant of Removal by 3-Judge Panel

     a.   seeks ORDER  by three  (3)  qualified  federal  judges,
          removing case  from USDC, which has no jurisdiction, to
          DCUS, which has jurisdiction

          i.   3-judge panel  requires challenge to apportionment
               of congressional  districts, based  on two classes
               of citizenship

     b.   Criminal defendant becomes civil Plaintiff.

     c.   New civil Respondents become "United States et al."


4.   Complaint for Injunctive and Declaratory Relief

     a.   names USDC judge as civil Respondent (Doe #1)

     b.   compels  production   of  admissible   copies  of   the
          credentials of the USDC judge, and entry into evidence

          i.   Oath of Office is most important

          ii.  Commission from  President to  be federal judge is
               next in importance

     c.   provides prototype  to compel  production of  all other
          credentials, from all other actors

     d.   forces  recusal   of  USDC  judge  for  adverse  and/or
          pecuniary interest(s), pursuant to 28 U.S.C. 455


5.   Subsequent pleadings  contest the  payment of federal income
     taxes  by  any  federal  judge  assigned  to  the  DCUS,  in
     violation of Article III, Section 1, and Evans v. Gore.

     a.   O'Malley v.  Woodrough is  refuted for  false premises,
          namely:

          i.   there are two classes of citizenship, not one

          ii.  there is  no law  requiring federal  judges to  be
               citizens of either class


6.   Supplemental brief  details rich history of Petition Clause,
     as a fundamental federal question.

     a.   U.S.  Supreme  Court  has  held  that  Petition  Clause
          guarantees a Right conservative of all other rights


7.   Other special pleadings are timely submitted, to:

     a.   refute the  constitutionality  of  Jury  Selection  and
          Service Act ("JSSA")

     b.   establish Plaintiff's Right to assistance of Counsel

     c.   petition  for   leave   to   institute   Quo   Warranto
          proceedings

     d.   and all  other  federal  questions  arising  under  the
          Constitution, laws, and treaties of the United States


8.   New Plaintiff  has  option  to  stay  the  DCUS  proceeding,
     pending final  resolution of  challenge to constitutionality
     of JSSA (if matter has not already been finally settled).

     a.   Rebuttal to  first response  of the  United  States  is
          available, via incorporation of Exhibit, by reference

     b.   History of related cases is recited


                             #  #  #


========================================================================
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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