Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Relator
c/o P.O. Box 80446
Billings, Montana state
zip code exempt
Under Protest, Necessity, and
by Special Visitation
DISTRICT COURT OF THE UNITED STATES
JUDICIAL DISTRICT OF MONTANA
BILLINGS DIVISION
People of the United States ) Case No. ______________________
of America, ex relatione ) Montana 16th D.C. Case No. 2721
Paul Andrew Mitchell, ) NOTICE OF PETITION AND VERIFIED
) PETITION FOR WARRANT OF REMOVAL
Petitioners, ) BY THREE-JUDGE PANEL:
) 18 U.S.C. 1964(a);
vs. ) 28 U.S.C. 292(b), 1331, 1332,
) 1333(1), 1334, 1359, 1367(a),
United States et al., ) 1441(b), 1441(c), 1446, 1746(1),
) 2284; 5 U.S.C. 552(a)(4)(B);
Respondents. ) FRCP Rules 9(h), 11, 38
)
) JURY TRIAL DEMANDED
______________________________)
COME NOW the People of the United States of America (hereinafter
"Petitioners"), ex relatione Paul Andrew, Mitchell, B.A., M.S.,
Citizen of Arizona state, federal witness and Counselor at Law
(hereinafter "Relator"), to petition this honorable Court for a
warrant of removal, pursuant to the authorities cited supra, of
Case Number 2721 from MONTANA SIXTEENTH JUDICIAL DISTRICT COURT,
GARFIELD COUNTY, into this honorable Court, on the federal
questions involved, to wit:
Notice and Verified Petition for Warrant of Removal:
Page 1 of 6
(1) the original state court petition for Temporary
Restraining Order ("TRO") and other injunctive relief;
(2) the Relator's Freedom of Information Act ("FOIA")
request previously submitted for the official credentials of all
633 alleged federal agents who rotated in and out of the "Freeman
Standoff" in Jordan, Garfield county, Montana state; and
(3) the other federal questions identified since then,
including but not limited to the several related federal cases
whose litigants are now desirous of either joining, removing to,
and/or formally intervening in, the instant case because of Their
own FOIA requests, Their challenges to the constitutionality of
the Jury Selection and Service Act, and because of the
implications of those challenges for the apportionment of
congressional districts. See voter registration affidavits; 28
U.S.C. 1861 thru 1865; and 28 U.S.C. 2284, Historical and
Statutory Notes.
Petitioners hereby provide formal Notice of the above to all
interested parties.
Most notable among the related federal cases are the
prominent cases entitled U.S.A. [sic] v. Schweitzer et al.,
United States District Court, District of Montana, Billings
Division, Case Numbers to wit:
CR 95-117-BLG-JMB CR 96- 45-BLG-JMB
CR 95- 51-BLG-JMB CR 96- 41-BLG-JMB
CR 96- 47-BLG-JMB CR 96- 32-BLG-JMB
CR 96- 46-BLG-JMB
See "ORDER" of "JAMES M. BURNS" dated September 30, 1996,
for a consolidated list of "Defendants" [sic] itemized in the
cases listed supra.
The Montana state district court's official record contains
a Request for Judicial Notice of the original FOIA request
previously submitted by Relator to the United States Attorney
General for certified copies of the credentials of all 633
alleged federal agents involved in the Freeman Standoff.
Notice and Verified Petition for Warrant of Removal:
Page 2 of 6
Relator has subsequently submitted additional FOIA requests
to the United States Department of Justice and to the federal
Judiciary, on matters which go to related federal questions, such
as federal powers of attorney, standing to sue, and federal
criminal jurisdiction within the several states of the Union.
Petitioners are now proceeding on the basis of the
presumption that the Montana state court record will be made
available to this honorable Court upon Notice and Demand for
Mandatory Judicial Notice, pursuant to Rule 201(d) of the Federal
Rules of Evidence, the Full Faith and Credit Clause, and 28
U.S.C. 1449.
JURISDICTION
The District Court of the United States has original
jurisdiction over this action, pursuant to the authorities cited
in the above caption, to wit: 18 U.S.C. 1964(a), 28 U.S.C. 1331,
1332, 1333(1), 1334, 1359, 1367, 1441, 1446, 2284, and 5 U.S.C.
552(a)(4)(B).
The District Court of the United States is an Article III
court with authority to hear questions arising under the
Constitution, Laws, and Treaties of the United States, including
but not limited to the Bill of Rights, Eleventh Amendment,
original Thirteenth Amendment, the International Covenant on
Civil and Political Rights, and the Universal Declaration of
Human Rights, with Reservations. See Supremacy Clause in the
Constitution for the United States of America, as lawfully
amended (hereinafter "U.S. Constitution").
Notice and Verified Petition for Warrant of Removal:
Page 3 of 6
RESERVATION OF RIGHTS DUE TO FRAUD
Petitioners hereby explicitly reserve Their fundamental
Right to amend this and all subsequent pleadings, should future
events and/or discoveries prove that They have failed adequately
to comprehend the full extent of the damage(s) which They have
suffered at the hands of the Respondents, both named and unnamed,
now and at all times in the future. See Article I, Section 6,
Clause 2 ("1:6:2"), in the U.S. Constitution.
Petitioners hereby also explicitly reserve Their fundamental
Right to enjoy a panel of three (3) competent and qualified
judges whose compensations are not being diminished by federal
income taxes, pursuant to Article III, Section 1 ("3:1"), in the
U.S. Constitution.
Petitioners hereby specifically complain that Congress knew,
or should have known, that the federal court of original
jurisdiction to enforce the FOIA is the District Court of the
United States ("DCUS"), not the United States District Court
("USDC"), when Congress published A CITIZEN'S GUIDE ON USING THE
FREEDOM OF INFORMATION ACT AND THE PRIVACY ACT OF 1974 TO REQUEST
GOVERNMENT RECORDS, First Report by The House Committee on
Government Operations, Subcommittee on Information, Justice,
Transportation, and Agriculture, 1993 Edition, House Report 103-
104, 103rd Congress, 1st Session, Union Calendar No. 53.
Said CITIZEN'S GUIDE incorrectly cited the United States
District Court as the federal court of original jurisdiction for
judicial enforcement of FOIA requests. See 5 U.S.C.
552(a)(4)(B). There is no statute of limitations on fraud,
whether actual or constructive.
Notice and Verified Petition for Warrant of Removal:
Page 4 of 6
VERIFICATION
I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona
state, federal witness, Counselor at Law, and Relator in the
instant case, hereby verify, 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,
according to the best of My current information, knowledge, and
belief, so help Me God, pursuant to 28 U.S.C. 1746(1).
REMEDY REQUESTED
Wherefore, Petitioners hereby petition this honorable
District Court of the United States for a three-judge panel to
issue a Warrant of Removal to the Montana Sixteenth Judicial
District Court, Garfield County, to remove case number 2721 from
said state court into this District Court of the United States,
Judicial District of Montana, Billings Division, with all
deliberate speed.
Executed on October 3, 1996
Respectfully submitted,
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law and Relator
Notice and Verified Petition for Warrant of Removal:
Page 5 of 6
PROOF OF SERVICE
I, Paul Andrew, Mitchell, B.A., M.S., Citizen of Arizona state,
federal witness and Counselor at Law, do 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, a Citizen of one of the United States of America, and
that I personally served the following document:
NOTICE OF PETITION AND VERIFIED
PETITION FOR WARRANT OF REMOVAL BY THREE-JUDGE PANEL:
18 U.S.C. 1964(a); 28 U.S.C. 292(b), 1331, 1332, 1333(1),
1334, 1359, 1367(a), 1441(b), 1441(c), 1446, 1746(1), 2284;
5 U.S.C. 552(a)(4)(B); FRCP Rules 9(h), 11, 38
JURY TRIAL DEMANDED
by placing one true and correct copy of same in first class U.S.
Mail, with postage prepaid and properly addressed to:
Attorney General William H. Rehnquist, C.J.
Department of Justice Supreme Court of the U.S.
10th and Constitution, N.W. 1 First Street, N.E.
Washington, D.C. Washington, D.C.
Solicitor General Warren Christopher
Department of Justice U.S. Secretary of State
10th and Constitution, N.W. Department of State
Washington, D.C. Washington, D.C.
James M. Burns LeRoy Michael; Schweitzer
United States District Court The Freedom Center
316 North 26th Street c/o P.O. Box 80446
Billings, Montana state Billings, Montana state
Office of United States Attorney Judge J. Clifford Wallace
Department of Justice Ninth Circuit Court of Appeals
Federal Building c/o P.O. Box 193939
Billings, Montana state San Francisco, California
Chief Judge Judge Alex Kozinski
Ninth Circuit Court of Appeals Ninth Circuit Court of Appeals
c/o P.O. Box 193939 125 South Grand Avenue, #200
San Francisco, California state Pasadena, California state
Dated: October 3, 1996
/s/ Paul Andrew Mitchell
Paul Andrew, Mitchell, B.A., M.S.
Citizen of Arizona state, federal witness,
Counselor at Law, and Relator
# # #
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People v. United States et al.