Time: Sat Dec 07 14:04:37 1996 To: joseph.d.robertson@nhmccd.cc.tx.us From: Paul Andrew Mitchell [address in tool bar] Subject: LeRoy Schweitzer Cc: Bcc: I am stepping out for a bite to eat, and will return in about an hour (about 3:00 p.m. MST). /s/ Paul Mitchell At 01:54 PM 12/7/96 -0600, you wrote: >Paul: > >A very quick personal note. I have been contacted by Nick Repac who has >been arrested just south of Amarillo tex now in custody on charges >steming from Colorado Jefferson Cty indictment on Fraud and Forgery and >Attempted theft steming from warrents arising from employed Schweitzer >like procedures. > >He has requested habeas corpus assistance. I am gernally in agreement. ] > >Time is short and I do not have time to elaborate here due to facility >closing in 6 min. > >I will call you his evening and hopefully discuss this and some other >relevant matter. Would appreciate your standing by to accept that call >on line ending with 13 and/or 15 > >Dale Robertson >> >======================================================================= >> LIBERTY LAW - CROSS THE BAR & MAKE YOUR PLEA - FIRST VIRTUAL COURT, >USA >> Presiding JOP: Tom Clark, Constable: Robert Happy, Clerk: Kerry >Rushing >> >======================================================================= >> A three-judge panel has been invoked >> in People v. United States et al., >> the Petition for TRO and Injunctive >> Relief in re: the Montana Freemen >> FBI standoff. This case was removed >> from Garfield county court into the >> District Court of the United States, >> where it awaits assignment of three >> temporary federal judges whose compensation >> is not being diminished by federal >> income taxes. See Evans v. Gore. >> >> Also, since we are attacking the >> Jury Selection and Service Act, the >> 3-judge panel can be invoked because >> a question has arisen concerning >> congressional apportionment. If state >> Citizens are not being counted in the >> apportionment decisions, those >> congressional districts are not lawful. >> This is one of the subject matters which >> qualifies for a 3-judge panel. >> >> /s/ Paul Mitchell >> >> >> At 02:19 AM 12/7/96 -0800, you wrote: >> >Mr Richardson. >> > >> > So good to hear from you. My comments below. Your last >> >message flowed thusly: >> > >> >Charles Stewart wrote: >> >> >> >> Part 2; of 2nd Letter from Charles Bruce to LeRoy Michael >> >> >> >> LMS: Under Title 28 U.S.C. 32284 is our three justice panel with >> >> Bible roots. Whenever matters of right to possession of private >> >> property are heard it is auto-matic right to three justice panel. >> >> It eliminates double jeopardy. And nisi prius. Nisi prius is >> >> statutory. Statutory is Talmudic. >> >> >> >> CBS: I am sure that your quote of 28 USC 32284 is accurate. >> >Tim R. Began: >> > Its actually SECTION 2284, >> > >> >Charles S. Responds: >> > Right. I mis-read Chief Justice Schweitzer's "S" for a 3. >> >Sorry. Your message here has identified this error. Thanks. >> > >> >Tim R. Continued: >> > "which states: >> > >> >"Sec. 2284. Three-judge court; when required; composition; procedure >> > (a) A district court of three judges shall be convened >when >> > otherwise required by Act of Congress, or when an action >is >> > filed challenging the constitutionality of the >apportionment >> > of congressional districts or the apportionment of any >> > statewide legislative body. >> > (b) In any action required to be heard and determined by >a >> > district court of three judges under subsection (a) of >this >> > section, the composition and procedure of the court shall >be >> > as follows: >> > (1) Upon the filing of a request for three judges, the >> > judge to >> > whom the request is presented shall, unless he determines >> > that three judges are not required, immediately notify the >> > chief judge of the circuit, who shall designate two other >> > judges, at least one of whom shall be a circuit judge. >> > The judges so designated, and the judge to whom the >request >> > was presented, shall serve as members of the court to hear >> > and determine the action or proceeding. >> > (2) If the action is against a State, or officer or >agency >> > thereof, at least five days' notice of hearing of the >action >> > shall be given by registered or certified mail to the >> > Governor and attorney general of the State. >> > (3) A single judge may conduct all proceedings except >the >> > trial, and enter all orders permitted by the rules of >civil >> > procedure except as provided in this subsection. He may >> > grant a temporary restraining order on a specific finding, >> > based on evidence submitted, that specified irreparable >> > damage will result if the order is not granted, which >order, >> > unless previously revoked by the district judge, shall >> > remain in force only until the hearing and determination >by >> > the district court of three judges of an application for a >> > preliminary injunction. A single judge shall not appoint >a >> > master, or order a reference, or hear and determine any >> > application for a preliminary or permanent injunction or >> > motion to vacate such an injunction, or enter judgment on >> > the merits. >> > Any action of a single judge may be reviewed by the >> > full court at any time before final judgment." >> > >> >Tim R. writes more: >> > Now, although LeRoy is a VERY interesting man, and very educated >> >in some aspects of the law, I ask YOU to answer how exactly does the >> >above allow for us to invoke a 3-man judge panel to hear a common-law >> >case? I realize that its probably just me, and with some more >> >education I too could understand the above -- please help. >> > >> >Charles S. Responds: >> > Well first, I am not the one who wrote it. Chief Justice >> >Schweitzer >> >was. I am not as knowledgeable on these matters as is he. And I am >not >> >even sure that he is correct on the matter. But I would guess from >his >> >track record that the probabilities are very high that he is. >> > From his handwritten and quickly composed letter, obviously >> >taking pains to cram many thoughts into few words to save space, it >> >appears to me that he was merely referring to the pattern set forth >> >in the Code above (which you so generously typed in) as a pattern >> >upon which the federal system is imitating an early original >> >commonlaw pattern. >> > I now see no reason to suppose that the Chief Justice was >> >looking to this Code Section to "Allow for us to invoke a 3 -man >> >judge panel", as you wrote. I note with regret that I did originally >> >erroneously choose the word "Allow" in the sentence structure upon >> >which I responded to his letter. I now realize that was an error, for >> >me to indicate that we were looking to them for our authority. I now >> >and I am sure Chief Justice Schweitzer has always recognized, we do >> >not look to the US Code for our authority for how to proceed under >> >commonlaw. But it does show that their Babalonian system has our >> >commonlaw roots. His point I believe here is that we can kick the >> >Babalonians out of the temple of this once Christiamn CommonLaw >> >Republic. >> > >> > Yourself being a clerk for the Oregon Court, I am surprised >> >that you indicated that you were uneducated and in error on the >matter. >> >Your obviously fully up to speed. Or were you being sarcastic? >> > >> >I hope that you don't mind my taking this discussion public. >> > >> >Charles Stewart. >> > >> > >> > >> > >> > >> > >> > >> > >> > >> >> ==================================================================== >> [Text is usually formatted in Courier 11 non-proportional spacing @] >> [65-characters per line; .DOCs by MS-WORD for MS-DOS, Version 5.0B.] >> Paul Andrew Mitchell, B.A., M.S., email address: pmitch@primenet.com > >> ship to: c/o 2509 N. Campbell, #1776, Tucson, Arizona state [We win] >> We can decode all your byte streams, spaghetti code notwithstanding. >> Coming soon: "Manifesto for a Republic" by John E. Trumane ie JetMan >> ==================================================================== >> > >
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