Time: Tue Mar 04 01:51:36 1997 by primenet.com (8.8.5/8.8.5) with SMTP id UAA23043; Mon, 3 Mar 1997 20:02:25 -0700 (MST) Date: Mon, 03 Mar 1997 22:20:57 -0800 To: (Recipient list suppressed) From: Paul Andrew Mitchell [address in tool bar] Subject: SLS: Grand Jury case update [This text is formatted in Courier 11, non-proportional spacing.] NOTICE AND DEMAND BY AFFIDAVIT TO: Robert H. Weare, Clerk of Court William M. McCool, Deputy Clerk James A. Walsh Courthouse 44 East Broadway Tucson [zip code exempt] ARIZONA REPUBLIC FROM: Paul Andrew, Mitchell, B.A., M.S. Counselor at Law DATE: March 4, 1997 SUBJECT: Criminal Misconduct by John M. Roll et al. This is to place both of you on formal written notice that John M. Roll is now under investigation by the Ninth Circuit Court of Appeals, pursuant to a complaint of judicial misconduct filed under authority of 28 U.S.C. 372(c), for his criminal misconduct In re Grand Jury Subpoena Served on New Life Health Center Company during calendar 1996 (see attached). Moreover, the United States Postal Service has now failed to produce any constitutional, statutory, or regulatory authorities for a federal judge to obstruct correspondence directed to the foreperson of a federal grand jury. Last but not least, the United States (federal government) has failed to produce any evidence, competent or otherwise, that the United States District Court ("USDC") had subject matter jurisdiction in said case in the first instance. My AFFIDAVIT OF DEFAULT AND OF PROBABLE CAUSE, executed, served, and date-stamped on February 25, 1997, establishes said failure as a matter of fact which remains unrebutted. This AFFIDAVIT, and all other pleadings filed by Me in said case, are Petitions to Government for Redress of Grievances, as that term is used in the Petition Clause of the First Amendment in the U.S. Constitution. Any attempt(s) by either of you to deprive Me of My fundamental Right to Petition Government for Redress Grievances, which Right is guaranteed by the Petition Clause in the U.S. Constitution, will be regarded as probable cause to charge both of you with additional felony violations of 18 U.S.C. 242, deprivation of fundamental Rights under color of law, and also 18 U.S.C. 241, conspiracy to commit same. DEMAND I hereby demand that you file all attached and enclosed document(s) forthwith In re Grand Jury Subpoena Served on New Life Health Center Company, USDC Case Number #GJ-95-1-6, Tucson, Arizona state, and that you do so on or before 5:00 p.m. on Friday, March 7, 1997. Notice and Demand by Affidavit: Page 1 of 4 VERIFICATION I, Paul Andrew, Mitchell, B.A., M.S., Sui Juris, Citizen of Arizona, federal witness, Counselor at Law, and Vice President for Legal Affairs of New Life Health Center Company, pursuant to a written appointment to same by Sheryl Smith, Trustee, 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, to the best of My current information, knowledge, and belief, so help Me God, pursuant to 28 U.S.C. 1746(1). FURTHER AFFIANT SAYETH NAUGHT. Executed on March 4, 1997 /s/ Paul Andrew, Mitchell, B.A., M.S. Counselor at Law and federal witness c/o 2509 N. Campbell Avenue, #1776 Tucson, Arizona state Postal Zone 85719/tdc email: pmitch@primenet.com (586/Eudora Pro 3.0: preferred, to conserve all resources) phone: (520) 320-1514 (private line: please get permission to disclose) fax machine: (520) 320-1256 (dedicated hard copy: available 24-hours per day or night) fax modem: (520) 320-1513 (dedicated email line: please call phone to switch software) web site: http://www.supremelaw.com copies: See PROOF OF SERVICE attached infra. Notice and Demand by Affidavit: Page 2 of 4 PROOF OF SERVICE I, Paul Andrew, Mitchell, B.A., M.S., 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 AND DEMAND BY AFFIDAVIT by placing said document(s) with exhibits in first class United States Mail, with postage prepaid and properly addressed to the following individuals: ROBERT L. MISKELL [sic] John M. Roll [sic] Acapulco Building, Suite 8310 U.S. District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona state Tucson, Arizona state JANET NAPOLITANO [sic] Clerk of Court Acapulco Building, Suite 8310 United States District Court 110 South Church Avenue 55 E. Broadway Tucson, Arizona state Tucson, Arizona state Grand Jury Foreperson Postmaster In re: New Life Health Center Co. U.S. Post Office 55 E. Broadway Downtown Station Tucson, Arizona state Tucson, Arizona state Judge Alex Kozinski Evangelina Cardenas [sic] Ninth Circuit Court of Appeals "Internal Revenue Service" 125 S. Grand Avenue, Suite 200 300 West Congress Pasadena, California state Tucson, Arizona state Attorney General Solicitor General Department of Justice Department of Justice 10th and Constitution, N.W. 10th and Constitution, N.W. Washington, D.C. Washington, D.C. Thomas H. Basham Eugene A. Burns Federal Bureau of Investigation New Life Health Center Company 201 East Indianola 4500 East Speedway, Suite 27 Phoenix, Arizona state Tucson, Arizona state Chief Judge Ninth Circuit Court of Appeals c/o P.O. Box 193939 San Francisco, California Notice and Demand by Affidavit: Page 3 of 4 Executed on March 4, 1997: /s/ Paul Mitchell _________________________________ Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness, Counselor at Law, and Vice President for Legal Affairs, New Life Health Center Company, Tucson, Arizona state all rights reserved without prejudice Notice and Demand by Affidavit: Page 4 of 4 # # # Certified U.S. Mail c/o 2509 N. Campbell, #1776 Serial Number #P-502-472-505 Tucson [zip code exempt] Return Receipt Requested ARIZONA REPUBLIC February 11, 1997 NOTICE AND DEMAND Henry J. Bauman Independent Counsel Office of the Chief Postal Inspector United States Postal Inspection Service 475 L'Enfant Plaza, S.W., Room 3417 Washington, D.C. Re: Mail Fraud Conspiracy by United States District Judge John M. Roll Dear Mr. Bauman: This is My formal NOTICE to you that I have received, but not accepted, your letter to Me dated January 21, 1997, in which you made an administrative determination, without citing any authorities, that the conduct of United States District Judge John M. Roll does not constitute a violation of Title 18, U.S.C., Section 1341, Mail Fraud. Please be informed of the fact that I am specifically complaining of obstruction of mail generally, and obstruction of correspondence, specifically. See 18 U.S.C. 1701 and 1702, respectively. Mr. Bauman, there are a very large number of things which John M. Roll's conduct was not; but, his conduct clearly obstructed numerous pieces of registered, certified, and first class U.S. Mail which I prepared and mailed myself, specifically to the foreperson of a federal grand jury. Please be informed that I have previously discussed this matter with several USPS employees, including counter clerks, route carriers, and postmasters. Their opinions have been unanimous in responding that federal judges do not have authority to obstruct registered, certified, and/or first class United States Mail, particularly when return receipt and restricted delivery services have been requested and purchased, and particularly when said mail has been specifically directed to a federal grand jury foreperson. I relied upon those opinions in My subsequent efforts to bring Judge Roll's conduct to the atttention of proper government employees, and to claim the rewards which are now rightfully Mine, regardless of whether you prosecute the employees involved, or not. DEMAND Accordingly, I hereby make this formal demand upon you, and upon the United States Postal Service in general, to provide Me with a certified copy of all constitutional provisions, statutes, and regulations which specifically authorize United States District Judges to obstruct registered, certified, and first class United States Mail, when restricted delivery and return receipt services have been requested, and when said mail was directed specifically to the foreperson of a federal grand jury convened under auspices of a United States District Court. NOTICE OF DEADLINE Time is now of the essence. If you do not provide the certified documents demanded above, on or before 5:00 p.m. on Monday, March 3, 1997, I shall be entitled to proceed on the basis of the conclusive presumption that the documents demanded do not exist, as a matter of fact, and that there are no constitutional, statutory, or regulatory authorities anywhere in federal law which authorize United States District Judges to obstruct registered, certified, and first class United States Mail, when restricted delivery and return receipt services have been requested, and when said mail has been directed specifically to the foreperson of a federal grand jury. Your silence in this matter will cause a fraud to be committed upon Me, pursuant to U.S. v. Tweel, 550 F.2d 297, 299 (1977), and your silence will activate estoppel by acquiescence, pursuant to Carmine v. Bowen, 64 A. 932 (1906). Thank you very much for your consideration. I will look forward to your timely and considerate response to this proper and lawful Notice and Demand. Sincerely yours, /s/ Paul Andrew, Mitchell, B.A., M.S. Citizen of Arizona state, federal witness copy: James A. Crawford Postal Inspector U.S. Postal Inspection Service c/o P.O. Box 26320 Tucson, Arizona state Postmaster Coronado Station (point of origin) United States Postal Service c/o 255 North Rosemont Boulevard Tucson, Arizona state # # # ======================================================================== 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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