Time: Sat Nov 16 16:31:35 1996
To: joyce@mlode.com
From: Paul Andrew Mitchell [address in tool bar]
Subject: notice and demand for ....
Cc:
Bcc:
Citizenship is a political status,
so I do not believe that courts have
authority to issue declaratory relief
over this subject matter. Contact
Richard McDonald for further details
on this argument. See also Right of
Election. What you should do instead
is file the Affidavit with a Demand
for Mandatory Judicial Notice. If the
judge "denies" same, s/he is practicing
law from the bench. The proper way to
exclude such a Demand for Judicial Notice
is a Motion to Strike by opposing party(s).
In federal courts, practicing law from the
bench is a high misdemeanor for a judge.
/s/ Paul Mitchell
At 12:56 PM 11/16/96 -0800, you wrote:
>Paul.....Below is an Affidavit for Notice and Demand of Declaration of
>Status. It was written to be used in the court in the governments
>assault against the 2nd amendment. The intent was to have gun owners
>file to receive a reply from the court regarding their citizenship
>status, the belief being if they were U.S.citizens they would have no
>right to own a gun as they were declared enemies of the state and as the
>declared enemy they had no rights. The few that filed it received no
>reply from the court, but they did get a visit from the IRS.......
>Joyce
>AFFIDAVIT
>
>NOTICE AND DEMAND
>
>FOR DECLARATION OF STATUS
>
> RE: The Permanent State of War. Proclamation 2039 & 2040 (12 USC
>95 (a) & (b).
>
>Dear Sir:
> It has recently been discovered by me________________________, an Enemy
>Alien as defined by the de facto government of the united States, who
>sojourns from the Corporate County of _____________, in the Corporate
>State of ___________________, that War was declared against the American
>people, by President Roosevelt on March 6th, 1933, by Proclamation #
>2039, and unconstitutionally ratified by Congress and the Senate on
>March 9th, 1933. It stated in part............."All "citizen's" of the
>united States were declared to be an enemy of the Corporate United
>States." See: Congressional Record, March 9th, 1933, including H.R.
>1491, Amended Trading With The Enemy Act. (12 USC 95(a) & (b), and
>Stoehr v. Wallace, 255 U.S. 604.
> 1. The act of March 6th, 1933, in order to be successfully enacted
>required the full consent of the Governors of the several States.
>President Roosevelt called the Governors of the several states to
>Washington. The Governors of the several States conspired in the
>Treason/Sedition against the American people by authoring and presenting
>the following resolution before the Governors Conference, thereby
>sanctioning and supporting the de facto united States government in
>their Declaration of War against the American people.
> We, The Governors of the States of the Union, assembled in
>conference at the White House by the President to discuss with him and
>each other matters of vital consequence to the people of this Nation, do
>hereby express our warm appreciation of the confidence, the desire to
>cooperate, and the alertness to the needs of our people which the
>President has signified by calling us here. We welcome this opportunity
>to plan and work together for the common good.
>
> 2. The Acts of March 6th and 9th, 1933, codified at 12 USC 95(a) & (b)
>, a Declaration of War against me, ______________________ and my fellow
>Americans, by the de facto President Franklin D. Roosevelt, and certain
>de facto members of the 73rd Congress and Senate have created the full
>effect of:
> i) Effectively suspending the Original Organic Constitution for the
>united States of America and those of the several States
>.................
> ii) Unlawful seizure of all American's inherent rights, title and
>interest to Life, Liberty and Property, "forever." See: Senate Report
>93-549, Executive Replies, pages 191-195.
> iii) Creating a complete dictatorship over the economic and social
>affairs of the Corporate State of ________________________.
> iv) The de facto government, its agencies and agents, claimed the
>power of right to bind the people of America, their children, property,
>and rights as commercial property in bondage, by emergency declaration,
>and further declared them to have no persona standi in judicio.
> v) As subjects to a belligerent nation, the people, and their
>posterity, are held in a permanent state of slavery and peonage under
>"IN REM" tribunal rules of procedure, by restatement of laws, and
>impairment of office from 1938 and thereafter.
> 4. In the case of Sei Fujii v. State of California, 217 P.2d 481, 486,
>it clearly states that all judges are bound by the United Nations
>Charter, not their Constitutional Oath of Office as the American people
>are led to believe.
> 5. Texas v. White, (1869) 74 U.S. 7 Wall, 227, "Memorandum of American
>Cases and Recent English Cases on the Law Trading with the Enemy",
>United States v. Butler, (1935), Stoehr v. Wallace, (1921) and others,
>revel what has been done without authority of law under a declared war
>and emergency powers, enforced by forcible entry, and unlawful detainer
>by a police state siege mentality.
> 6. The Act of March 9th, 1933, has never been terminated. House Joint
>Resolution of Oct. 19, 1951, ch. 519, 65 Stat. 451, provided: "That the
>state of war declared to exist between the United States and the
>Government of Germany by the joint resolution of Congress approved
>December 11, 1941, is hereby terminated and such termination shall take
>effect on the date of enactment of this resolution (Oct. 19, 1951):
>Provided, however, That notwithstanding this resolution and any
>proclamation issued by the President pursuant thereto, any property or
>interest which prior to January 1, 1947, was subject to vesting or
>seizure under the provisions of the Trading With the Enemy Act of
>October 6, 1917 (40 Stat. 411), as amended (sections 1 to 6, 7 to 39, 41
>to 44 of this Appendix) or which has heretofore been vested or seized
>under that Act, including accruals to or proceeds of any such property
>or interest, shall continue to be subject to the provisions of that Act
>in the same manner and to the same extent as if this resolution had not
>been adopted and such proclamation had not been issued. Nothing herein
>and nothing in such proclamation shall alter the status, as it existed
>immediately prior hereto, under that Act, of Germany or of any person
>with respect to any such property or interest."
> 7. House Joint Resolution 423, of April 14, 1952, was passed to
>continue the fraudulently declared "Emergency," as the "Emergency Powers
>Interim Continuation Act," approved April 14, 1952 See Public Law
>313. As evidence:
> PROC. NO. 2974. TERMINATION OF WARTIME EMERGENCIES
> Proc. No. 2974, Apr. 28, 1952, 17 F.R. 3813, 66 Stat. 31, provided in
>part:
>
> NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United States of
>America, do proclaim that the national emergencies declared to exist by
>the proclamations of September 8, 1939 (set out above), [omitted], and
>May 27, 1941 (set out above), [omitted], terminated this day upon the
>entry into force of the Treaty of Peace with Japan.
> Nothing in this proclamation shall be construed to affect
>Proclamation No. 2914 (set out above), [omitted], issued by the
>President on December 16, 1950, declaring that world conquest by
>communist imperialism is the goal of the forces of aggression that have
>been loosed upon the world, and proclaiming the existence of a national
>emergency requiring that the military, naval, air, and civilian defenses
>of this country be strengthened as speedily as possible to the end that
>we may be able to repel any and all threats against our national
>security and to fulfill our responsibilities in the efforts being made
>through the United Nations and otherwise to bring about lasting peace;
>and nothing herein shall be construed to affect the continuation of the
>said emergency of September 8, 1939, as specified in the Emergency
>Powers Interim Continuation Act, approved April 14, 1952 (Public Law 313
>- 82d Congress), for the purpose of continuing the use of property held
>under the Act of October 14, 1940, ch. 862, 54 Stat. 1125, as amended
>(sections 1521 to 1524, 1531 to 1536, 1541 to 1553, 1561 to 1564, 1571
>to 1576, 1581 to 1590 of Title 42, The Public Health and Welfare).
> Harry S Truman.
>
> 8. The Act of March 6, 1933, through the "Emergency," effectively
>suspended the Original Organic Constitution for the united States of
>America and the Organic Constitutions of the several states, the
>Constitution for the State of _________________. 16 American
>Jurisprudence 2nd Edition, Sections 71 and 82 states, no "emergency"
>justifies a violation of any Constitutional provision. In Senate Report
>No. 93-549, 93rd Congress, 1st Session (1973), "Summary of Emergency
>Power Statutes," consisting of 601 pages, it is clearly admitted that
>abridgement has occurred. The statements heard in the federal and state
>Tribunals, on numerous occasions, that the Constitutional arguments are
>"immaterial," "frivolous" etc. is based upon concealment, furtherance
>and compounding of the Frauds and "Emergency" created and sustained by
>the "Expatriated" ALIENS of the UNITED NATIONS and its Organizations,
>Corporations and Associations, all of which comprise a seditious
>conspiracy.
> 9. The Act of March 6, 1933 was an act of "Treason" by President
>Roosevelt, and all members of the federal Congress and the Senate who
>voted for the "ratification" of Proclamation # 2039 and for declaring
>War against the people of the united States of America. An act of
>Sedition and/or Treason by the Public Servants of _________________ who
>knowingly and willingly gave aid and comfort to the de facto united
>States government by carrying out said acts of Treason against the
>people of ___________________. The Public Servants of
>___________________ were guardians of the public trust and had a
>fiduciary responsibility to protect the people from all enemies, both
>domestic and foreign.
> 10. There has been a Felony Breach in the de jure government of the
>united States of America. We now have foreign insurgents in this State
>at this time, acting in concert, under a declared State of War as
>evidenced by 12 USC, 95(b) and subsection (b) of Section 5 of the
>Trading with the Enemy Act of October 6, 1917, as amended, under
>pretended statutory acts, ALL IN VIOLATION OF THE CONSTITUTION FOR THE
>UNITED STATES OF AMERICA....The Original Organic Constitution for the
>united States of America, at Article III, Section 3, states: "Treason
>against the united States shall consist only in levying war against
>them, or in adhering to their Enemies, giving them Aid and
>Comfort................" (12 USC 95(a) & (b) does just that.
> 11. With impairment of Office having occurred, under false pretense and
>character, countless unlawful acts have occurred to the injury and as
>against the Peace, Dignity and Security of the de jure Sovereignty, The
>People Of The State of _____________________ and of the several States,
>with intent to compound their impersonations, illicit acts and
>prevarications of Law, and to usurp authority not delegated and thereby
>abrogate, abridge, prejudice and violate the certain Rights, Powers,
>Privileges, Immunities, and Liberties of the people of the State of
>___________________, as secured to them by the Constitution for the
>State of__________________, in para materia with the U.S. Constitution,
>under color of law, rule, regulation, statute, custom or license.
> 12. It is apparent that the present operation of the "de facto"
>government is under Foreign/Alien Constitutions, Laws, Rules and
>Regulations far distant from the depositories of the Public Records.
>The overthrow of the "essential engine" declared in and by the Ordained
>and Established Constitution for the united States of America (1787),
>and by and under the "Bill of Rights" (1791) is obvious. The covert
>procedure used to implement and enforce these Foreign Constitutions,
>Laws, Procedures, Rules and Regulations, has, not to our knowledge, been
>collected and assimilated nor presented as evidence to establish
>seditious collusion and conspiracy.
> 13. Those operating in our Offices of Public Trust, Honor or Profit
>have "fundamentally" changed the form and substance of the de jure
>Republican form of government, exhibited a willful and wanton disregard
>for Rights, Safety and Property of others, evinced a despotic design to
>reduce our people to abject slavery, peonage and involuntary servitude,
>under a fraudulent, tyrannical seditious foreign oligarchy, with intent
>and purpose to institute a "Dictatorship" over the true Sovereigns, the
>People, and our Posterity.
> 14. These insurgents have completely debauched the de jure monetary
>system, destroyed the livelihood and lives of untold thousands, aided
>and abetted our enemies, and declared War upon us and our posterity.
>They have implemented foreign laws, rules, regulations and procedures
>within the body of the country, incited insurrection, rebellion sedition
>and anarchy within the de jure society, illegally entered our Land,
>taken false Oaths, entered into Seditious Foreign Constitutions, and,
>under pretense of "EMERGENCY," which they themselves created, promoted
>and furthered to cover their own sordid crimes. They formed a multitude
>of offices and retained those of alien alienage to perpetuate their
>frauds and to eat out the substance of the good and productive people of
>our Land, and have arbitrarily dismissed and held mock trials for those
>who trespassed upon our lives, liberties, and property.
> 15. They have endangered our Peace. The damage, injury and costs have
>been higher than mere money can repay. Our Public Servants have done
>that which they were COMMANDED NOT TO DO. The time for correction is
>NOW.
> If this document is not a correct conclusion of the above named facts
>and law, demand is made you refute my conclusions and provide the
>evidence to refute same within thirty (30) days of receipt of this
>document. If you do not refute and produce the evidence to substantiate
>your position it will be a default on your part and all appropriate
>recourse at law will be applied as necessary.
> If I am correct you must take all appropriate action necessary to
>terminate Proclamation # 2039 and # 2040 immediately and restore this
>REPUBLIC to its rightful owners, The Sovereign People.
>n Bishop v. Jones & Petty, 28 Tex. 294, where the question involved was
>the date of the beginning of the Civil War, the Court said,..........
> "War in its legal sense has been aptly defined to be "the state of
>nations among whom there is an interruption of all pacific relations,
>and a general contestation of arms authorized by the sovereign." It is
>true, it may and has frequently in latter times been commenced and
>carried on without either a notice or declaration. But still, there can
>be no war by its government, of which the court can take judicial
>knowledge, until there has been some act or declaration creating or
>recognizing its existence by that department of the government clothed
>with the war-making power."
> In the famous Prize Cases (The Amy Warwick), arising out of the Civil
>War, 2 Black 635, 17 L.Ed. 459, where the court divided five to four, it
>was held that civil war is never solemnly declared and that the
>proclamation of President Lincoln, establishing a blockade of all
>Southern ports and ordering the capture of all vessels violating the
>blockade, was a political determination of a state of war of which the
>courts were bound to take judicial notice, as is this court.
>BONDING OF JUDICIAL CONSEQUENCE
> A government official,officer, or clerk shall lose their bond, shall
>not be bonded, and shall be deemed unbondable if he fails to answer, or
>fails to require an answer to a citizens complaint and affidavit of
>information categorically point for point, except that where criminal
>accusations are made, he shall have the right to remain silent, or allow
>silence (non-answer) as a protection against self incrimination.
>Otherwise, the ordinarry rule is:
>AN AFFIDAVIT UNREBUTTED STANDS AS THE TRUTH.
>
>
>
>
> Subscribed and affirmed before me this _______ day of
>________________, 199_..
>
> NOTARY PUBLIC__________________________
>
> ADDRESS________________________________
>
> _________________________________
>
>
>My Commission Expires:_________________
>
>
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