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APPLICATION FOR DISQUALIFICATIONS: 28 USC 144 (containing AFFIDAVIT OF BIAS AND PREJUDICE & DEMAND FOR RECUSAL as well as NOTICE TO COUNSELS: USA v. Hill et al. & NOTICE OF ERRORS re: Harris & Harris, P.C.) - from Paul Andrew Mitchell USMCFP/Springfield

11/7/2014 update: URGENT: App 4 TRO: FAX/Overnight ASAP: Paul Mitchell political prisoner USA
http://bit.ly/1xgpKZV

11/2/2014 updates:

Please 'Like' this page I created on FB https://www.facebook.com/pages/International-Covenant-on-Civil-and-Political-Rights/308087676064004

DRAFT#1: MOTION FOR DECLARATORY/INJUNCTIVE RELIEF (Request for comments)
 
Updated:
Paul Andrew Mitchell (political prisoner in the USA) letter writing campaign + New docket in KCMO + Amicus Curiae briefs sought

10/27/2014: Newest updates have been added and are to be found here and at the bottom of this post: Sample Letter to United States District Judge, Honorable M. Douglas Harpool (if ever it was time for anyone to take action it is here [as this goes towards all of our human, civil as well as natural rights] as well as helping raise the funds for the attorney Paul needs to proceed in his Que Tam lawsuits,.), communications to Senator Barrasso's office, House Committee on Government Oversight and Reform, as well as further information from Paul, political prisoner #1 in the USA. Also, I wonder if these fraudulent and criminal public officials perpetrating this on Paul have ever heard of elder abuse (his DOB: 6-21-48). Let's see, we have various public officials [a goodly portion of whom can not produce their credentials- therefore they shouldn't even be getting paid because they aren't even a public official, they are just parading around as if they are] from various states and the District of Columbia, causing an elderly person to be imprisoned. They tortured him by illegally detaining him, putting him in solitary confinement, refused him a speedy trial or a trial by jury, kept him incarcerated and moved him to other detention facilties in various states (diesel therapy which causes him to lose his handwritten legal papers he is making in his defense, by confiscation), then sent him off to the United States Medical Center for Federal Prisoners, saying he is incompetent (when he practically has a photographic memory and knows a whole lot about very important aspects of the history of the United States, its government, Constitution and laws). On top of that on his first day in USMCFP/Springfield, MO they threaten him immediately with putting him on brain damaging and life-threatening psychotropic drugs in violation of Supreme Court rulings (U.S. v. Sell)!

___

From: MODELESKI MITCHELL PAUL (44202086)
Sent Date: Wednesday, October 1, 2014 9:34 AM
To: lsaccato@gmail.com
Subject: FAIR WARNING/ACTUAL NOTICE AND DEMAND TO CEASE AND DESIST

INMATE REQUEST TO STAFF
U.S. DOJ/BOP
TO: Staff Psychologists / Psychiatrist
DATE: 9/26/2014
FROM: Modeleski, M.P. (given name)*
REG. NO.: 44202-086
UNIT: 10-G
WORK ASSIGNMENT: (n/a)
FAIR WARNING / ACTUAL NOTICE AND DEMAND TO CEASE AND DESIST
TO: Whom It May Concern
Threatening a federal witness is a felony violation of 18 U.S.C. 1513(a), (c),
(e), and (f). Statements made by USMCFP staff psychologists to me to date
imply a probable threat, and specific intent to cause serious brain damages,
and to impair my ability to testify and otherwise prepare and participate
in my own defense, and in the defense of certain named Co-Defendants.
These Co-Defendants have a Fundamental Right to compel my unimpaired testimony
as a key defense witness. I have expressly reserved my Right to proceed
In Propria Persona i.e. "personally" under 28 U.S.C. 1654. FORMAL DEMAND IS HEREBY
MADE OF YOU TO CEASE AND DESIST FROM ANY AND ALL THREATS OR ATTEMPTS
TO "FORCEFULLY MEDICATE" ME AGAINST MY EXPRESSED DESIRE THAT YOU NOT DO SO.
ALL SUCH MEDICATIONS VIOLATE MY RELIGIOUS CONVICTIONS. Cf. "pharmakeia"
(sorcery, witchcraft) in the Revelation (last Book of the New Testament).
Respectfully,
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S. (chosen name)*
Qualified Federal Witness, 18 U.S.C. 1512, 1513
* Doe v. Dunning, 549 P.2d 1
All Rights Reserved (cf. UCC 1-308)

New related:

URGENT: Application for Temporary Restraining Order: Please FAX or Overnight ASAP re: Paul Andrew Mitchell [MITCHELL PAUL MODELESKI (44202086)]
http://tekgnosis.typepad.com/tekgnosis/2014/11/urgent-application-for-temporary-restraining-order-please-fax-or-overnight-asap-re-paul-andrew-mitch.html

___

Notes:

Paul must pay-per-minute to use the email system there and
the only way to print is at $0.15 per page on the laser printer.

It will probably happen that he will need to hire a licensed

attorney to prosecute his "Qui Tam" false claim actions
at USDC/WDMO/Southern Division/Springfield, Missouri:

Courts have ruled that such cases cannot be prosecuted "Pro Se"
hence one of the REMEDIES REQUESTED is the appointment of a
CJA lawyer to represent the United States ex rel. Paul Andrew Mitchell.
(CJA = Criminal Justice Act).

See case law under 31 USC 3729 et seq.

Thus an initial goal of $10,000 to retain a capable law firm to go the distance.

Contact Larry Saccato <lsaccato@gmail.com>

Also, the INITIAL APPLICATION FOR WRITS IN THE NATURE OF
QUO WARRANTO AND HABEAS CORPUS is no secret:

Paul invites as many as possible to apply for leave
to appear Amicus Curiae and/or write support letters
to Judge Harpool.

Paul is doing his final thinking on a MOTION FOR DECLARATORY JUDGMENT
judicially declaring the "not self-executing" Declaration UNconstitutional in the
Senate's ratification of the International Covenant on Civil and Political Rights
("ICCPR"):

http://www.supremelaw.org/ref/treaty/  (see "Reservations")

Then see "not self-executing" in the Declarations.

See also Paul's recent NOTICE OF INTENT to Justice Scalia:
that Declaration violates the Petition Clause,
per Thomas v. Collins etc.

... and brilliant dissents in the Igartua cases, 1st Circuit
e.g. Judges Howard and Torruella:

Senate cannot create domestic legislation
in "uncameral" mode:  such legislation requires
approval by the House of Representatives too:
1 USC 101:

http://www.law.cornell.edu/uscode/1/101.html

Treaties are also supreme Law, and they can ONLY
be ratified "under the authority of the United States".

See 6:2, 3:2:1, 28 USC 1331 and 28 USC 2241(c)(3)
(all cite Constitution, laws and treaties).

If you have the contacts who might help send this info. to them.
Also there is the possibility of Wyoming Liberty Law Group?

___

Sample letter United States District Judge, Honorable M. Douglas Harpool:

Hon. M. Douglas Harpool
United States District Judge
c/o Clerk of Court, USDC/WDMO/Southern Division
222 N. John Q. Hammons Parkway, Room 1400
Springfield 65806-2515
Missouri, USA

Dear Judge Harpool,

I am writing with sincere concern for the plight of political prisoner
Paul Andrew Mitchell, B.A., M.S., now detained at USMCFP in
Springfield, Missouri, under highly suspicious circumstances.

On good authority we are now told that the Federal District Court
in Cheyenne, Wyoming, never perfected jurisdiction in personam,
chiefly because of missing -and- defective credentials e.g. Oaths of Office
for Nancy D. Freudenthal and Stephan Harris, among several others.

Consequently, it appears your Court now has jurisdiction in personam,
by virtue of U.S. ex rel. Mitchell v. Freudenthal et al., as mailed to
your Clerk of Court on October 9, 2014, from the USMCFP Mail Room.
See, for example, 31 U.S.C. 3730(h) (relief from retaliatory actions).

We are also extremely interested to learn recently that Paul now intends
to challenge the "not self-executing" Declaration in the U.S. Senate's
ratification of the International Covenant on Civil and Political Rights ("ICCPR")
for violating the Petition Clause in the First Amendment (read "the Right
conservative of all other rights").  On the Internet, please see:

                http://www.supremelaw.org/ref/treaty/

A favorable ruling by your Court on that challenge has the real potential
to open flood gates of valuable and beneficial human rights litigation  --
not only in America, but in other States Party to that important Treaty.

America needs and deserves a private right of action to enforce the ICCPR
i.e. effective judicial remedies for violations of our Fundamental Rights
notwithstanding that the violations were committed by persons acting
in some official capacity.

Such a wise precedent may also begin to reverse the steady decline
we observe in the reputation of the Federal Judiciary across the board.

Please reply with the correct Docket number, so that we may file
correspondence in support of the REMEDIES REQUESTED by Paul's
INITIAL APPLICATION FOR WRITS e.g. Amicus Curiae Briefs,
"Qui Tam" Joinders, etc.

Thank you for your time and attention, Judge Harpool.

p.s. We do not need any repeats of Dr. Sell's ordeal!
See Washington v. Harper, 494 U.S. 210 (1990), Sell v. US (2003).

Sincerely yours,

___

All on one line, to facilitate copying and pasting:

aimember@aiusa.org,cato@cato.org,famm@famm.org,info@heritage.org,staff@sentencingproject.org

i.e.

"Amnesty International" <aimember@aiusa.org>

"Cato" <cato@cato.org>

Families Against Mandatory Minimums:
"FAMM" <famm@famm.org>

"Heritage Foundation" <info@heritage.org>

"Sentencing Project" <staff@sentencingproject.org>

At this moment, we need to emphasize the   ABSENCE OF JURISDICTION IN PERSONAM
at the USDC in Cheyenne, Wyoming, and the PRESENCE OF JURISDICTION IN PERSONAM
at the USDC in Springfield, Missouri.

APPLICATION FOR DISQUALIFICATIONS: 28 USC 144
is a good starter, to avoid overloading prospects
with too much reading.

THANKS!

In His Holy Name,

/s/ Paul

___

I will be gathering all the various states where Paul has been and put the information to the abuse hotlines, etc. on this page. Right now Nancy D. Freudenthal of Wyoming is the principal in this - elder abuser #1,. Note: I will link back to whomever gives this coverage.

18 U.S. Code § 4 - Misprision of felony
http://www.law.cornell.edu/uscode/text/18/4
Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

Paul's information for reporting as to his location:

Modeleski, M. P. (given name) - chosen name Paul Andrew Mitchell
# 44202-086
Medical Center for Federal Prisoners
Springfield, Missouri 65801-4000

Adult Abuse and Neglect Hotline, 1-800-392-0210, Make a difference. Make the call.

MO: Adult Abuse and Neglect Hotline: 1-800-392-0210 [Elder Abuse- It is a Crime. Make a difference. Make the call. Paul is located in the system via: Modeleski, M. P. (given name) | # 44202-086 | Medical Center for Federal Prisoners | Springfield, Missouri 65801-4000]

from their business card ...

[on front side:]

Missouri Department of Health and Senior Services
P.O. Box 570
Jefferson City, MO 65102-0570

Only 1 in 5 incidents of abuse are reported.

If you or someone you know is a victim ... Call Today.

[on back side:]

SILENCE IS NOT GOLDEN

Report Abuse of Seniors and Adults with Disabilities

Elder Abuse & Neglect Hotline

Available 24 hours

1-800-392-0210

Relay Missouri 1-800-735-2466

* Results of calling elder abuse hotline and response from Paul as to Missouri Attorney General:

Missouri Attorney General has general jurisdiction
to enforce the RICO laws at 18 USC 1961 et seq.:
see Tafflin v. Levitt (State Courts have original
jurisdiction to prosecute RICO actions):

www.supremelaw.org/decs/agency/civil.rico.htm

Because I am a qualified Federal Witness under
18 USC 1513, violations of that criminal statute are also
defined as RICO "predicate acts": 18 USC 1961:

http://www.law.cornell.edu/uscode/18/1961.html

Thanks.

/s/ Paul
-----Schoch, Juan on 11/1/2014 12:36 PM wrote:

>

A call to the MO: Adult Abuse and Neglect Hotline: 1-800-392-0210 yielded the following results:

Not equipped to take reports on those incarcerated at federal institutions.

I was told I can contact Federal Bureau of Prisons.

I explained that if someone is being illegally incarcerated in the State of Missouri,
and the person is an elder and is being abused that the state should have an interest
and they can get involved legally. I was referred to the Missouri Attorney General:
800-392-8222

___

Update! Via Cryptome http://cryptome.org 

2014-00742            Whistleblower Mitchell Asks Disqualifications    October 24, 2014

If you care about your country and justice, you will spread this like wildfire to all of your contacts, newsgroups, Facebook, Twitter, etc.

Paul could use some help, he has to pay for use of the computer when he is able to access one, for time to read e-mails, to use the printer (if they even put paper in the printer) and otherwise. Here is the latest info re: sending funds to Paul's commisary account [money order or postal money order sent via United States Postal Service, see: http://www.bop.gov/inmates/communications.jsp if any questions]:

Obtain a money order and include both the inmate's:
Full committed name AND complete eight-digit register number.

* Non-postal money orders and non-government checks will be placed on a 15-day hold.

Address envelope to:

Federal Bureau of Prisons
MITCHELL PAUL MODELESKI
44202-086
Post Office Box 474701
Des Moines, Iowa 50947-0001

___

 

Case 2:14-cr-00027-NDF   Document 227   Filed 10/14/14   Page 1 of 15

TRULINCS 44202086 - MODELESKI, MITCHELL PAUL - Unit: SPG-G-P

------------------------------------------------------------------------------------------------------------------

FROM: 444202086

TO: Brown, Thomas; Saccato, Larry

SUBJECT: APPLICATION FOR DISQUALIFICATIONS [1 of 2]

DATE: 10/03/2014 10:20:28 AM

Docket No. 2:14-CR-00027-NDF

TO:

U.S. District Court

2120 Capitol Avenue, 2nd Floor

Cheyenne 82001

Wyoming, USA

 

Subject: APPLICATION FOR DISQUALIFICATIONS: 28 USC 144

Greetings Your Honor:

Comes now Paul Andrew Mitchell, B.A., M.S. (“Mitchell”), to apply for

mandatory disqualifications of Nancy D. Freudenthal and possibly also

Scott W. Skavdahl and Alan B. Johnson from the instant criminal case,

pursuant to 28 USC 144, for good causes showing as follows:

 

AFFIDAVIT OF BIAS AND PREJUDICE

 

Notably, at the hearing on 3/21/2014, Ms. Freudenthal clearly

attempted to characterize Mitchell’s ongoing credential

investigation as some sort of pathological obsession

(or similar words to that same effect).

 

Mitchell promptly objected by emphasizing that the credential

investigation was being performed on behalf of private clients

who paid fair professional fees for that service.

 

The credential investigation has also been actively assisted by

Federal officers in DOJ’s Office of Information Policy (“OIP”) and

the Executive Office for U.S. Attorneys (“EOUSA”) in Washington, D.C.,

with actual knowledge of Deputy U.S. Marshals in San Diego, Spokane

and Seattle.

 

Such official assistance consisted mainly of timely and untimely

replies and production of partial documents responsive to

Mitchell’s numerous Requests, properly submitted under the

Freedom of Information Act (“FOIA”), 5 USC 552, in addition to

in-person meetings with Deputy U.S. Marshals in San Diego and Seattle.

 

To date, Mitchell has had five (5) in-person meetings with

one or more Deputy U.S. Marshals stationed in Seattle, and two (2)

in-person meetings with Deputy U.S. Marshals stationed in San Diego.

 

Near the conclusion of the 3/21/2014 hearing, Freudenthal

actually apologized to Mitchell for her attempt to characterize

the credential investigation, and its cumulative results to date,

as the obsession of someone suffering from a mental illness

of some kind.

 

Mitchell continues to regard that attempt as defamatory,

and defamation violates two (2) Human Rights Treaties –

the Universal Declaration of Human Rights and the International

 

Case 2:14-cr-00027-NDF   Document 227   Filed 10/14/14   Page 2 of 15

TRULINCS 44202086 - MODELESKI, MITCHELL PAUL - Unit: SPG-G-P

------------------------------------------------------------------------------------------------------------------

Covenant on Civil and Political Rights. (See VCC5 infra.)

 

Then, without Mitchell’s actual knowledge, Mr. L. Robert Murray

dba Assistant U.S. Attorney, commenced to file a “secret motion”

-- ex parte -- for a second psychological evaluation of Mitchell at FDC/SeaTac.

That ex parte motion was never timely served upon Mitchell; no notice of any

hearing on that ex parte motion was ever served upon Mitchell; and, no

hearing on that ex parte motion was ever conducted at which Mitchell

was allowed to appear. (See Code of Conduct, Canon 3(A)(4) infra.)

 

Mitchell has always proceeded In Propria Persona i.e. “personally”

under 28 USC 1654, notwithstanding any and all appearances

to the contrary.

 

In point of fact, Mr. Mark Hardee as initial “standby counsel” failed

completely to forward or even to mention said ex parte motion to Mitchell;

and, Docket records were erroneously modified – by person(s) unknown –

so as to list Mr. Hardee as Mitchell’s formal legal “representative”,

directly contradicting Mitchell’s decision to proceed always

In Propria Persona.

 

Freudenthal summarily “granted” said ex parte motion, but

Mitchell was not allowed to see any “order” granting that ex parte motion

until after he arrived at FDC/SeaTac for a second period of detention

and more solitary confinement.

 

In point of fact, Hardee also failed completely to forward or even

to mention to Mitchell said “order” granting that ex parte motion.

 

Mitchell has also confirmed a Federal law which prohibits Federal Judges

from engaging in the practice of law, and defines that violation as a

high misdemeanor (See 28 USC 454.)

 

All psychological interviews of Mitchell by one Cynthia A. Low,

dba Forensic Psychologist, were conducted at FDC/SeaTac at all times

without the assistance of Counsel present during those interviews, and

over Mitchell’s multiple written objections to the total absence of Counsel,

and to all missing credentials for one Stephan Harris whose name

appeared in the conforming stamp displayed on Freudenthal’s “order”.

 

Relying upon information provided by the U.S. Supreme Court in

Johnson v. Zerbst, 304 U.S. 458, 468 (1938), Mitchell believes

the complete absence of counsel during all of Low’s interviews

resulted in ousting this Court of jurisdiction (cf. “jurisdictional bar”,

“court no longer has jurisdiction to proceed”).

 

Mitchell has never competently and never intelligently waived his

Fundamental right to meaningful technical assistance of “standby” counsel.

Here, Mitchell relies upon U.S. v. Coupez, 603 F.2d 1347 (9th Cir. 1979)

(re: “meaningful technical assistance”), and upon similar case law

under 28 USC 1654. Near the end of the 3/21/2014 hearing,

Mitchell expressly reserved his Right to change his mind about

formal legal representation, and Freudenthal acknowledged same

on the record.

 

Mitchell has previously filed a DEMAND FOR RECUSAL which expanded

substantially upon the several reasons why he believes Freudenthal’s bias

and prejudice do warrant her immediate disqualification.

 

Case 2:14-cr-00027-NDF   Document 227   Filed 10/14/14   Page 3 of 1 

TRULINCS 44202086 - MODELESKI, MITCHELL PAUL - Unit: SPG-G-P

------------------------------------------------------------------------------------------------------------------

Said DEMAND FOR RECUSAL is hereby incorporated by reference, as if set forth

fully here.

 

(See Docket records for the particulars of that DEMAND FOR RECUSAL.)

 

Chiefly, while being detained unlawfully in Gering, Nebraska,

Mitchell submitted a proper FOIA Request to OIP for the four (4)

credentials required of Freudenthal, Skavdahl and Johnson.

All three (3) of said Court personnel turned up with missing and/or

defective credentials: OIP produced no SENATE CONFIRMATIONS

or OATH OF OFFICE for Johnson. (See 28 U.S.C. 453 and

5 USC 2104, 2902, 2903, 3331, 3332, 3333, 5507.)

 

Also, on information Mitchell concluded the APPOINTMENT AFFIDAVITS

for Freudenthal and Skavdahl were visibly counterfeit forms; and, the

PRESIDENTIAL COMMISSIONS for Freudenthal and Skavdahl were incomplete

because of the visibly counterfeit APPOINTMENT AFFIDAVITS executed by

one Eric Holder, Jr., formerly dba U.S. Attorney General. (See 44 USC 3512.)

 

Mitchell has confirmed that the Federal statute at 5 USC 2902(c) requires

the U.S. Attorney General to countersign all PRESIDENTIAL COMMISSIONS

of judicial officers e.g. district judges, also U.S. attorneys and U.S. marshals.

 

Mitchell has also diligently studied the Appointments Clause and

the Recess Appointments Clause in the U.S. Constitution.

He concluded therefrom that a SENATE CONFIRMATION is absolutely

required of Freudenthal, Skavdahl and Johnson: the absence of that

key mandatory credential also invalidates any and all other credentials,

such as the PRESIDENTIAL COMMISSION, APPOINTMENT AFFIDAVITS

and OATH OFFICE, chiefly because the SENATE CONFIRMATION

cannot be bypassed or circumvented indefinitely.

 

Even for recess appointments under Article II, Section 2,

Clause 3 in the U.S. Constitution (“2:2:3”), Mitchell found case law

holding that the U.S. Senate’s formal advice and consent must follow

during the next ensuing Senate session. Here, Mitchell relies upon

the decision in Noel Canning v. NLRB, 705 F.3d 490 (D.C. Cir. 2013).

 

Prior to his FOIA Request for her four (4) credentials, Mitchell

did mail to Freudenthal a proper DEMAND for disclosing a copy

of her APPOINTMENT AFFIDAVITS. A copy of that DEMAND should

be filed in this Court’s Docket records. Freudenthal never answered

that DEMAND (see further discussion of “demand” infra).

 

Mitchell also believes Freudenthal suffers from a severe

conflict of interest that results from her failure to exercise

adequate administrative supervision of Court subordinates

such as Stephan Harris, Zachary Fisher and Tammy Hilliker dba

Clerk and Deputy Clerks of Court, respectively (to name a few).

(See Code of Conduct, Canon 3(B) infra.) Here, Mitchell believes

probable cause exists for application of the theory of vicarious

liability aka “respondeat superior” in Latin (let superiors answer

for the misconduct of their subordinates).

 

All three of the latter personnel of this Court have either failed or refused

to produce their APPOINTMENT AFFIDAVITS required by 5 USC 3331 et seq.,

and their OATH OF OFFICE required by 28 USC 951 (duties),

after receiving Mitchell’s proper DEMANDs for disclosure of same.

 

 

Case 2:14-cr-00027-NDF   Document 227   Filed 10/14/14   Page 4 of 15 

TRULINCS 44202086 - MODELESKI, MITCHELL PAUL - Unit: SPG-G-P

------------------------------------------------------------------------------------------------------------------

In this context, after finding it Mitchell has been relying upon a statement

in 63C AmJur 2d, to wit: “The public have a right to demand that public officials

perform all of their duties faithfully.”

 

Also, by studying the FOIA, Mitchell confirmed the Federal law at

5 USC 551(1)(B) presently exempts the entire Judicial Branch

from the Freedom of Information Act, thus necessitating a

DEMAND instead of a proper FOIA Request for disclosure of

credentials required of this Court’s inferior officers

i.e. magistrates, clerks and deputy clerks.

 

Mitchell has now formerly charged Stephan Harris with concealing

Court records in violation of 18 USC 1519 (a Federal felony).

(See the Court Docket for that “VCC” infra, and in pari materia

compare 18 USC 2071 where it mentions “custody” of court records.)

 

The Court is the legal custodian of all APPOINTMENT AFFIDAVITS of

all Court officers, designated as such by the Federal law at 5 USC 2906

(“the court to which the office pertains”), NOT the Administrative Office

of the U.S. Courts in Washington, D.C.

 

Mitchell sincerely believes the instant case can and should be correctly

and promptly dismissed as a direct consequence of the well documented

failure by Stephan Harris to produce 2 required credentials; without both

credentials, neither he nor any of his subordinates can lawfully sign, or seal,

any “subpoenas” issued by the Court. See 28 USCS 1691 and 28 USCA 1691

for extensive case law upon which Mitchell has often relied during the period

in question.

 

Mitchell concluded that delegation of authority by Stephen Harris is

legally impossible, as long as he cannot or will not produce proof of

all credentials required of all Clerks of Court and all Deputy Clerks of Court by

applicable Federal statutes and Constitutional provisions. (See 6:3, U.S. Const.)

 

Mitchell has also concluded that the Paperwork Reduction Act effectively

created a “right to inspect” all U.S. Office of Personnel Management

Standard Form 61 APPOINTMENT AFFIDAVITS for the required display

of a valid OMB control number at the upper right-hand corner of page one.

 

Mitchell therefore believes the net effects of all these missing

and defective credentials is a clear and painfully obvious violation

of FRCrP Rule 2, at a minimum, in addition to many far-reaching

violations of criminal statutes dutifully cited in Mitchell’s several

VERIFIED CRIMINAL COMPLAINTs, ON INFORMATION (“VCC”),

as now filed in the Court’s official Docket records in the instant case.

 

For the record, Rule 2 currently reads: “Interpretation. These rules

are to be interpreted to provide for the just determination of every

criminal proceeding, to secure simplicity in procedure and fairness

in administration, and to eliminate unjustifiable expense and delay.

(As amended April 29, 2002, eff. Dec. 1, 2002.)”

 

On information found in the Federal court decision in U.S. v. Gregory,

508 F.Supp. 1218 (USDC/SDAL 1980), Mitchell also relies now upon

the following abstract of that decision, to wit: “Pursuant to Rule 2,

party who objects to Court’s ruling on motion to recuse should be

able to obtain review of that ruling before being put to burden and

expense of lengthy trial.”

 

 

Case 2:14-cr-00027-NDF   Document 227   Filed 10/14/14   Page 5 of 15

TRULINCS 44202086 - MODELESKI, MITCHELL PAUL - Unit: SPG-G-P

------------------------------------------------------------------------------------------------------------------

To date, Mitchell has also lodged four (4) separate “Qui Tam” Complaints

under the False Claims Act (“FCA”) at 31 USC 3729 et seq. Each contained

a PROOF OF SERVICE identifying recipients of hard copy originals

transmitted by Mitchell via U.S. Mail.

 

Mitchell has also studied case law under the FCA which properly classifies

qui tam relators as “agents of the United States” (see United States

ex. Rel. Madden v. General Dynamics Corp., 4 F.3d 827 (9th Cir. 1993)).

 

As such, Mitchell believes that he is thereby entitled to all authorized

awards and all protections afforded to all FCA “whistleblowers”

(see 31 USC 3730(h), expressly authorizing relief from retaliation

against “agents” for efforts to stop false claims against the Treasury

of the United States.)

 

Mitchell also relies consistently upon the statute at 5 USC 5507

(a Federal officer cannot get paid before executing a valid 5 USC 3332

affidavit).

 

[continue at 2 of 2]

 

 

Case 2:14-cr-00027-NDF   Document 227   Filed 10/14/14   Page 6 of 15

TRULINCS 44202086 - MODELESKI, MITCHELL PAUL - Unit: SPG-G-P

------------------------------------------------------------------------------------------------------------------

FROM: 44202086

TO: Brown, Thomas; Saccato, Larry

SUBJECT: APPLICATION FOR DISQUALIFICATIONS [2 of 2]

DATE: 10/03/2014 10:20:51 AM

 

[continued from 1 of 2]

 

On further information and belief, Mitchell has studied the Code of Conduct

for United States Judges, and thereby inferred probable demonstrable

violations of Canons 2(A), 3(A)(4), 3(B)(1) and 3(B)(2) from all facts, laws

and court decisions mentioned heretofore.

 

On information found in the decision of the U.S. Supreme Court in the case

of U.S. v. Mason, 412 U.S. 391 (1973), Mitchell also relies upon the following

text in that decision, to wit: “If the doctrine of stare decisis has any meaning

at all, it requires that people in their everyday affairs be able to rely upon

our [U.S. Supreme Court] decisions and not be needlessly penalized for such

reliance.”

 

On information found in the decision of the U.S. Supreme Court in the case

of Miranda v. Arizona, 384 U.S. 436 (1966), Mitchell also relies upon the

following principle established in that historic decision, to wit:

“Where rights secured by the Constitution are involved, there can be

no rule making or legislation which would abrogate them.”

 

On all information discussed heretofore, Mitchell sincerely believes that

sufficient probable cause already exists to justify the conclusion that

Freudenthal lacks even minimal authority to determine the legal

sufficiency of this AFFIDAVIT under 28 USC 144.

 

This concludes Mitchell’s AFFIDAVIT OF BIAS AND PREJUDICE.

 

INCORPORATION OF ATTACHMENTS

 

Mitchell hereby incorporates by reference two Attachments:

“NOTICE TO COUNSELS: USA v. Hill et al. (dated 9/20/2014)” and

“NOTICE OF ERRORS by Harris & Harris, P.C. (dated 10/1/2014)”

 

as if both were set forth fully here.

 

VERIFICATION / CERTIFICATE OF GOOD FAITH

 

I, Paul Andrew Mitchell, B.A., M.S., Sui Juris, hereby verify

under penalty of perjury, under the laws of the United States

of America, without the “United States” (Federal government),

that the instant APPLICATION is made in good faith, and

the above statement of facts and laws is true and correct,

according to the best of my current information, knowledge

and belief, so help me God, pursuant to 28 USC 1746(1).

See Supremacy Clause (Constitution, Laws and Treaties

of the United States are all the supreme Law of the Land).

 

Dated: 10/1/2014

 

Respectfully submitted,

 

/s/ Paul Andrew Mitchell [Signed Paul Mitchell]

 

 

Case 2:14-cr-00027-NDF   Document 227   Filed 10/14/14   Page 7 of 15

TRULINCS 44202086 - MODELESKI, MITCHELL PAUL - Unit: SPG-G-P

------------------------------------------------------------------------------------------------------------------

Private Attorney General, Civil RICO: 18 USC 1964,

Rotella v. Wood, 528 U.S. 549 (2000)

(objectives of Civil RICO);

Agent of the United States as Qui Tam Relator,

False Claims Act: 31 USC 3729 et seq. (4X)

 

* See Doe v. Dunning, 549 P.2d 1

   (Washington State Supreme Court)

 

All Rights Reserved (cf. UCC 1-308)

 

Attachments: NOTICE TO COUNSELS: USA v. Hill et al. (dated 9/20/2014)

                          NOTICE OF ERRORS by Harris & Harris, P.C. (dated 10/1/2014)

 

 

Case 2:14-cr-00027-NDF   Document 227   Filed 10/14/14   Page 8 of 15

TRULINCS 44202086 - MODELESKI, MITCHELL PAUL - Unit: SPG-G-P

------------------------------------------------------------------------------------------------------------------

FROM: 44202086

TO: Brown, Thomas; Guenette, Edward; Mullen, Jack; Saccato, Larry

SUBJECT: Notice to Counsels: USA v. Hill et al.

DATE: 09/20/2014 12:08:56 PM

 

Greetings Ladies and Gentlemen:

 

I am writing to you for the primary purpose

of making each of you aware of certain laws and

facts which may not, and probably won’t,

come to your attention by any other means.

 

As you may already know, I have continued

to reserve all Rights (cf. UCC 1-308),

with emphasis on all of my Fundamental Rights,

and to appear In Propria Persona i.e. “personally”

under 28 USC 1654. Cf. “In Propria Persona”

in Black’s Law Dictionary, Sixth Edition,

particularly where that definition addresses

the issue of Court jurisdiction.

 

I have now survived two (2) Faretta hearings –

one in Seattle and one in Cheyenne. The hearing

on 3/21/2014 in Cheyenne was noteworthy for

repeated attempts by one Nancy Dell Freudenthal

(“NDF”) to change my mind about formal legal

representation: I reserved my right to change my mind,

and I continued to proceed In Propria Persona.

 

The other noteworthy event at that 3/21/2014

hearing was NDF’s obvious attempt to characterize the

credential investigation as some kind of “pathological

obsession”. A transcript should show that

I opposed her vain attempt, and I actually

succeeded in eliciting a spoken apology from NDF.

 

For reasons like the latter, I have properly demanded

her immediate recusal, but she stubbornly refuses

to do so.

 

The case law I have studied requires recusal

even if there is the mere appearance of bias.

I believe that your several clients are, therefore,

now at serious risk of continuing bias and

prejudice by NDF, and by her several accomplices,

in our case(s) -- chiefly Stephan Harris and

L. Robert Murray.

 

More to the merits of our Fundamental Rights,

DOJ’s Office of Information Policy (“OIP”)

promptly replied to my proper FOIA Request

while I was being detained unlawfully in Gering,

Nebraska. OIP’s timely reply contained a cover

letter, and responsive documents, calling for the

following logical conclusions of law:

 

(1) no SENATE CONFIRMATION required of NDF by

5 USC 2902(c), and by either 2:2:2 or 2:2:3 in the

 

 

Case 2:14-cr-00027-NDF   Document 227   Filed 10/14/14   Page 9 of 15

TRULINCS 44202086 - MODELESKI, MITCHELL PAUL - Unit: SPG-G-P

------------------------------------------------------------------------------------------------------------------

U.S. Constitution (Article:Section:Clause);

 

(2) incomplete PRESIDENTIAL COMMISSION also required

of NDF by 5 USC 2902(c), and by either 2:2:2 or 2:2:3,

due in part to defective U.S. OPM Standard Form 61

(“SF-61”) APPOINTMENT AFFIDAVITS for one Eric Holder, Jr.;

see also 44 USC 3512 here;

 

(3) NDF’s SF-61 is also a counterfeit form because:

 

(a) it lacks a valid OMB control number at the

upper right-hand corner, as required by 44 USC 3501 et seq.;

(cf. OMB control number 50-R0118 i.e. five zero dash

R zero one one eight);

 

(b) it lacks the paragraph citing 5 USC 2903

(Authority to administer); and,

 

(c) the electronic SF-61 published at www.opm.gov

was not reviewed or approved by OMB as required by

5 CFR 1320.5, the Federal Regulation implementing the

Paperwork Reduction Act (“PRA”): again, see 44 USC 3512;

 

Under the Appointments Clause at 2:2:2, a

SENATE CONFIRMATION must precede the other 3

Credentials required of all U.S. District Judges.

 

Under the Recess Appointments Clause at 2:2:3, a

SENATE CONFIRMATION must issue during the next

ensuing Senate session i.e. after those other 3

credentials.

 

Accordingly, I have recently requested the law firm

of Harris & Harris, P.C., to confirm the exact dates

of NDF’s alleged appointment, and of the vacancy

she claimed to fill. To date, Harris & Harris, P.C.,

have not disclosed those exact dates to me.

 

Nevertheless, it is not likely that she was initially

appointed as “Chief Judge”; and, enough time has

now elapsed to compel a conclusion that NDF surely

needed a SENATE CONFIRMATION under one or the

other option: 2:2:2 or 2:2:3. See also the definition

of “officer” at 5 USC 2104, 3332 and 5507.

 

The legal (and moral) consequences of NDF’s

missing and defective credentials are quite far-

reaching e.g. by necessarily rendering null and void:

 

(a) all her “orders” and “rulings” to date;

 

(b) all hearings on which she attempted to preside; and,

 

(c) the original “arrest warrant” executed upon my

Person on 1/28/2014.

 

As such, the USDC/DWY lacked jurisdiction in personam

(over my proper Person) ab initio (at least beginning 1/28/2014).

 

 

Case 2:14-cr-00027-NDF   Document 227   Filed 10/14/14   Page 10 of 15

TRULINCS 44202086 - MODELESKI, MITCHELL PAUL - Unit: SPG-G-P

------------------------------------------------------------------------------------------------------------------

Moreover, NDF’s attempt to appoint Mr. Terry J. Harris

as my formal legal representative was also void ab initio,

for the very same reasons.

 

At another hearing on 7/10/2014, I again appeared

under protest and In Propria Persona; and, I gave

at least 2 hours of testimony under direct examination

by Terry J. Harris -- chiefly because no one else was

qualified, or prepared, to conduct such a direct examination

of me.

 

You should also be informed, via filed Docket records,

that several other Federal personnel have also failed or

refused to disclose their mandatory credentials e.g.

see RELATOR’S FIFTH VERIFIED CRIMINAL COMPLAINT,

ON INFORMATION (“VCC”), and all other VCCs previously

filed in the Docket records, in timely compliance with 18 USC 4

(misprison of felony).

 

Notably, Dr. Cynthia A. Low has now failed or refused

to answer my proper FOIA Request for her own SF-61.

My first attempt to address that Request to the

“Disclosure Officer” at FDC/SeaTac was returned

by the U.S. Postal Service with the annotation

“no such addressee” (or words to that effect).

 

For that reason, I promptly re-mailed that FOIA Request

directly to Dr. Low, but no reply has been forthcoming

from her, nor from any of her superiors nor anyone else

at FDC/SeaTac.

 

I also wish to take this opportunity to make you

aware that I have now authored approximately

30 CONFIDENTIAL Journal entries consisting of

50+ pages; and, I mailed all of those Journal entries

to Harris & Harris, P.C.

 

Please accept this communication as my formal

authorization for all defense counsel to obtain

photocopies of all such handwritten Journal entries.

 

I wrote those Journal entries also to focus

the attention of each defense Counsel on the key

issues (e.g. the heart of the matter), and to prevent

invasions of my privacy Rights that would otherwise

result from what are often described as “fishing

expeditions” -- assembling enormous quantities

of questionable and irrelevant data, at great and

unnecessary expense to government treasuries

(e.g. 20,000 pages and still counting).

 

Kindly allow me briefly to demonstrate to you why

it is not appropriate or necessary to label my case

as “complex”: Stephan Harris has refused to

produce any valid credentials, in blatant violation

of 18 USC 1519 (a felony). Therefore, he could

not have signed or sealed any subpoena(s) issued

by any Federal grand jury(s); he could not have

selected or summoned any Federal grand jury(s); and,

 

Case 2:14-cr-00027-NDF   Document 227   Filed 10/14/14   Page 11 of 15

TRULINCS 44202086 - MODELESKI, MITCHELL PAUL - Unit: SPG-G-P

------------------------------------------------------------------------------------------------------------------

he could not have delegated any authority(s) to any

subordinate deputy clerk(s) whatsoever.

 

See my essay “Clerks or Jerks? The Pivotal Duties

of Federal Court Clerks” for further pertinent details.

 

In my professional opinion, any and all efforts to

expand the scope of my case beyond those simple

issues is a direct and blatant violation of FRCrP Rule 2;

and, those efforts also constitute probable cause that

barratry has already occurred, and continues to occur

even as I write this.

 

(Barratry is an offense similar to “churning” by a

stock broker i.e. for purposes of maximizing fee

generation; “Esquire” is an office under the

Crown of England. Cf. Bouvier’s Law Dictionary (1856).)

 

If any of you need further clarification of any points

made above, please consult the relevant Docket entries

first, then reply via email to my trusted legal assistant

lsaccato@gmail.com who will forward your terse

reply(s) to me at his earliest convenience

(no email attachments, please).

 

Thank you for your professional consideration.

 

Sincerely yours, [signed Paul Mitchell]

/s/ Paul Andrew Mitchell, B.A., M.S. (chosen name)

Private Attorney General, Civil RICO: 18 USC 1964,

Rotella v. Wood, 528 U.S. 549 (2000)

(objectives of Civil RICO);

Agent of the United States as Qui Tam Relator,

False Claims Act: 31 USC 3729 et seq. (4X)

 

All Rights Reserved (cf. UCC 1-308)

 

Copies forwarded to:

 

agharkmd@gmail.com

tom@jubinzerga.com

mike@mhrwylaw.com

tjharrispc@gmail.com

emily.marie.harris@gmail.com

 

Gay Woodhouse

1912 Capitol Avenue, Suite 500

Cheyenne 82001

Wyoming, USA

 

Thomas A. Fleener

Fleener & Vang, LCC

P.O. Box 1186

Laramie 82073

Wyoming, USA

 

 

Case 2:14-cr-00027-NDF   Document 227   Filed 10/14/14   Page 12 of 15

TRULINCS 44202086 - MODELESKI, MITCHELL PAUL - Unit: SPG-G-P

------------------------------------------------------------------------------------------------------------------

FROM: 44202086

TO: Brown, Thomas; Guenette, Edward; Mullen, Jack; Saccato, Larry

SUBJECT: NOTICE OF ERRORS by Harris & Harris, P.C.

DATE: 10/01/2014 04:54:51 PM

 

TO:

Hon. Warden

USMCFP

P.O. Box 4000

Springfield 65801-4000

Missouri, USA

 

RE: August 6, 2014 letter from Terry J. Harris

 

Greetings Hon. Warden:

 

Please allow me to explain to you, and to all your subordinates

who may have a need to know, several serious errors that are

evident in the written correspondence you recently received

from Harris & Harris, P.C., Cheyenne, Wyoming.

 

On the first page of his cover letter to you dated August 6, 2014,

Mr. Terry J. Harris makes the following serious errors in the

first paragraph:

 

* “I represent Paul Mitchell” [NOT correct]

 

* “Nancy Freudenthal’s Order appointing me” [NOT correct]

 

* “her more recent Order declaring Paul Mitchell incompetent” [NOT correct]

 

As admitted in their written reply to my proper Request under the

Freedom of Information Act (“FOIA”), DOJ’s Office of Information Policy

(“OIP”) did not find any SENATE CONFIRMATION in their appointment file

for Nancy Dell Freudenthal.

 

Moreover, her U.S. Office of Personnel Management (“OPM”)

Standard Form 61 APPOINTMENT AFFIDAVITS (“SF-61”)

are a counterfeit form because:

 

(a) no OMB control number is displayed at the upper right-hand corner;

 

(b) there is no paragraph citing 5 USC 2903 (Authority to administer); and,

 

(c) the electronic form at www.opm.gov was never reviewed or approved

     by the Office of Management and Budget (“OMB”).

 

Also, Freudenthal’s PRESIDENTIAL COMMISSION is incomplete because

of the counterfeit SF-61 executed by one Eric Holder, Jr. Here, see

5 USC 2902(c), which mandates the Attorney General’s signature

on all such PRESIDENTIAL COMMISSIONS.

 

OIP’s cover letter and responsive documents were mailed by me

to the P.O. Box of Harris & Harris, P.C. in Cheyenne, Wyoming,

while I was unlawfully detained at a county jail in Gering, Nebraska.

 

I also requested OIP to forward to that P.O. Box OIP’s timely

reply to my proper FOIA Appeal.

 

 

Case 2:14-cr-00027-NDF   Document 227   Filed 10/14/14   Page 13 of 15

TRULINCS 44202086 - MODELESKI, MITCHELL PAUL - Unit: SPG-G-P

------------------------------------------------------------------------------------------------------------------

Freudenthal’s missing -and- defective credentials do violate at least

two Clauses in the U.S. Constitution (cf. 6:3, and either 2:2:2 or 2:2:3),

and a distinct group of other Federal laws which implement those Clauses.

 

As such, Ms. Freudenthal lacked the required authority to appoint

Mr. Harris legally to represent me; and, she lacked the required authority

to issue any order(s) whatsoever, least of all one that blatantly defames

me for being “incompetent” [sic]. Defamation is criminal.

 

Contrary to appearances (and pretenses) fostered by Mr. Harris et al.,

he does not and cannot legally “represent” me as long as I continue

to proceed In Propria Persona. I have always appeared In Propria Persona

i.e. “personally”, which is my right under 28 USC 1654.

 

I have now survived two (2) Faretta hearings, which can be confirmed by

consulting the Court records in Docket #2:14-CR-00027-NDF-2 (USDC/Cheyenne).

 

If you still harbor any reasons why you may doubt or question what

I have written above, please feel free to “go to the source” and

contact OIP directly. That Office is also part of the same Department

(“DOJ”) of which you are presently an officer.

 

See 5 USC 3331, 3332, 3333, and 5507.

 

The real reason why I am presently incarcerated at USMCFP/Springfield

is our credential investigation.

 

If you wish to receive more information about that investigation,

I will be happy to answer your questions as promptly as humanly possible,

given the limited resources and severe restrictions which I am now

compelled to endure in violation of the Constitution, laws and treaties

of the United States.

 

Here, see the Supremacy Clause in the U.S. Constitution

and also the Act of Congress at 28 USC 2241(c)(3) in chief.

 

Thank you, Warden, for your continuing professional consideration.

 

Sincerely yours, [signed: Paul Mitchell]

/s/ Paul Andrew Mitchell, B.A., M.S. (chosen name)*

Private Attorney General, Civil RICO: 18 USC 1964,

Rotella v. Wood, 528 U.S. 549 (2000)

(objectives of Civil RICO);

Agent of the United States as Qui Tam Relator,

False Claims Act: 31 USC 3729 et seq. (4X)

 

* See Doe v. Dunning, 549 P.2d 1 (Washington State Supreme Court)

   (fundamental principle and common-law right to change one’s name)

 

All Rights Reserved (cf. UCC 1-308)

 

 

APPLICATION FOR DISQUALIFICATIONS: 28 USC 144 (containing AFFIDAVIT OF BIAS AND PREJUDICE &amp; DEMAND FOR...

Related:

Paul Andrew Mitchell has been bundled away by the US Government
http://tekgnosis.typepad.com/tekgnosis/2014/02/paul-andrew-mitchell-has-been-bundled-away-by-the-us-government.html

___

Further communications to, with and relating to Paul, political prisoner #1 in the USA:

from:  Juan Schoch <jvschoch@gmail.com>
to:  Caroline_danielson@barrasso.senate.gov
date:  Fri, Jul 11, 2014 at 4:17 PM
subject:  Re: Paul Andrew Mitchell | U.S. Gov. (executive and judicial), IRS targeted individual
mailed-by:  gmail.com
:  Important according to our magic sauce.

As per our conversation on the phone, in re: Paul Andrew Mitchell.

Paul Andrew Mitchell, a Citizen of the State of Washington, has been doing a credentials investigation since the year 2000 [Teknosis ed. note 10/25/14: 1996] of U.S. Federal Judges and other U.S. Government Officials via FOIA and has been documenting this information via his website of www.supremelaw.org and via various postings on the internet, etc.

On 1/15/14 he was indicted for obstructing a grand jury investigation and detained in the case (PACER info. below):

U.S. District Court
District of Wyoming (Cheyenne)
CRIMINAL DOCKET FOR CASE #: 2:14-cr-00027-NDF-2

PACER advanced search criteria to bring up docket report in re: Mr. Mitchell:

Case Number: 14-cr-00027

Case title: USA v. Hill et al

Date Filed: 01/15/2014

3

USA v. Hill et al - Paul Andrew Mitchell

 

wydce

2:2014-cr-00027

01/15/2014

Documentation on his supremelaw.org website in re: FOIA credentials investigation that relates to what is happening before he was indicted is here:

http://supremelaw.org/cc/hill/

Paul has done extensive studies in the area of Constitutional issues and legal matters and has represented himself In Propria Persona, has not accepted to be represented by anyone but had identified U.S. related law via the Constitution and federal law that he could avail himself of technical legal assistance while at the same time representing himself but the courts have not given him that opportunity and have ignored his representing himself as shown in the Court docket records. In that Paul has asserted that the indictment was not legitimate and has shown in the court record why this is the case he has been ignored, illegally incarcerated and not allowed to mount a proper defense by being released from detainment (he has never previously committed any crimes, nor is he a flight risk), has been moved over 42 times between various states since January 15, 2014 and has now been silenced by Judge Nancy Freudenthal ruling that he is to be sent to a federal medical facility for restore him to competency (whatever that means – forced medication, etc. of a sane person who knows the law?) for 4 months after which time, a status conference is set for 11/10/14 at 1:30pm. [Teknosis: Now moved to January 2015?]

Another whom I am in communication with predicted that this would happen and that they will just keep doing the same thing to him to keep him permanently silenced. This is unacceptable. Paul is being punished for knowing the Constitution, the law and for asserting his inalienable rights, and has not been availed a speedy trial and has being given diesel therapy. I have been making information from the docket available via the internet via my blog Teknosis (tekgnosis.typepad.com). The last docket entries in which his competency hearing happened, and the judge gave ruling on 7/10/14 have not been typed up yet so that info. would have to be gleaned from the docket until such time.

It not surprising to me that the U.S. government, federal court system, in collusion with the IRS is doing this to Paul but it is outrageous to anyone who has a conscience. I hold out hope that something can be done to help Paul to gain his freedom but I will not hold my breath. My wife believes that there are those in government with a conscience who can put in motion something to help Paul therefore this communication.  Below find my posts from my blog Teknosis.

 Paul is perfectly sane and can be heard in this interview to prove such is the case:

https://www.youtube.com/watch?v=wS0CvvVH-yk

Sincerely,

Juan Schoch

Casselberry, FL

407-925-4141

 

Paul Andrew Mitchell has been bundled away by the US Government

http://tekgnosis.typepad.com/tekgnosis/2014/02/paul-andrew-mitchell-has-been-bundled-away-by-the-us-government.html

...

from:  Danielson, Caroline (Barrasso) <Caroline_Danielson@barrasso.senate.gov>
to:  Juan Schoch <jvschoch@gmail.com>
date:  Fri, Jul 11, 2014 at 4:36 PM
subject:  RE: Paul Andrew Mitchell | U.S. Gov. (executive and judicial), IRS targeted individual
mailed-by:  barrasso.senate.gov
signed-by:  senate.gov
:  Important mainly because of your interaction with messages in the conversation.

Juan,

Thank you for the information. I have just been informed, however, that because you are a third party we will not be able to help Paul in this matter; we would need to hear from Paul himself due to confidentiality and privacy restrictions. I am sorry for this inconvenience and I hope that you are able to find help elsewhere.

Regards,

Caroline Danielson

 

Caroline Danielson

Intern

Office of Senator John Barrasso

P.O. Box 22201

Casper, WY 82602

(307) 261-6413

---

from:  Juan Schoch <jvschoch@gmail.com>
to:  Caroline_danielson@barrasso.senate.gov,
 reporttoogr@mail.house.gov
date:  Fri, Oct 24, 2014 at 7:47 AM
subject:  Re: Paul Andrew Mitchell | U.S. Gov. (executive and judicial), IRS targeted individual
mailed-by:  gmail.com
 
Caroline,

Sorry but torture and continued on-going attempts to torture and/or kill an agent of the United States (Paul had four Que Tam lawsuits in process before being illegally kidnapped, which makes him an agent of the United States) is not a third-party affair. You, Senator Barrasso or an appropriate member of his staff can easily get into contact with Paul, a citizen of the State of Washington being held political prisoner, illegally detained (no speedy trial, nor trial by jury afforded him since February), essentially kidnapped, at United States Medical Center For Federal Prisoners (USMCFP) Springfield, MIssouri.

Consider yourself given notice:

18 U.S. Code § 4 - Misprision of felony

http://www.law.cornell.edu/uscode/text/18/4

Whoever, having knowledge of the actual commission of a felony cognizable by a court of the United States, conceals and does not as soon as possible make known the same to some judge or other person in civil or military authority under the United States, shall be fined under this title or imprisoned not more than three years, or both.

Paul confirms what I suspected would happen, that at the federal medical facility where he was illegally sent, there would be an attempt to administer him drugs in an attempt to damage his brain and/or kill him.

___

APPLICATION FOR DISQUALIFICATIONS: 28 USC 144 (containing AFFIDAVIT OF BIAS AND PREJUDICE & DEMAND FOR RECUSAL as well as NOTICE TO COUNSELS: USA v. Hill et al. & NOTICE OF ERRORS re: Harris & Harris, P.C.) - from Paul Andrew Mitchell USMCFP/Springfield
http://tekgnosis.typepad.com/tekgnosis/2014/10/application-for-disqualifications-28-usc-144-containing-affidavit-of-bias-and-prejudice-demand-for-r.html
___
from:  Larry Saccato <lsaccato@gmail.com>
to:  jvschoch@gmail.com
date:  Fri, Oct 24, 2014 at 1:51 AM
subject:  From Paul
mailed-by:  gmail.com
signed-by:  gmail.com
:  Important mainly because of the people in the conversation.

Larry Saccato

1:51 AM (5 hours ago)
   
to me
 
Please express my deepest appreciation to Juan
for his support, concern, and activism.

It means a great deal to me.

Juan has my permission to receive a full and
complete copy of my INITIAL APPLICATION FOR WRITS
IN THE NATURE OF QUO WARRANTO AND HABEAS CORPUS
with all Attachments.

You -- Larry Saccato -- of course have my permission to share
a true and complete copy of same with Juan.

Ideally, it should be scanned and merged into a single .pdf file
including all Attachments etc.

Many thanks, again, Larry.

p.s.  Harris & Harris, P.C. have all 30 Journal entries
I wrote and mailed to their P.O. Box -- ~50 pages:  
all defense Counsels are now authorized to receive copies of same,
but don't be at all surprised if Terry J. Harris refuses
to release any of those Journal entries.  One of those
Journal entries goes into detail about the IRS targeting
scandal, Lois Lerner, and the historical connection
to alcohol Prohibition, for starters see:

http://www.supremelaw.org/authors/cooper/  ("The Cooper File")
http://www.supremelaw.org/authors/luxford/  (see .pdf files)
http://www.supremelaw.org/sls/31answers.htm  (verified in several Courts)

Briefly, the Women's Christian Temperance Union was
secretly financed by the petroleum cartel, in order to
perfect a monopoly in automotive fuel;  once that monopoly
was in place, Prohibition was repealed, leaving alcohol
high and dry as the preferred fuel for cars and trucks,
and leaving a Federal police force inside the several States --
to continue extorting money from the American People.

IRS is now what was left over of that Federal Alcohol Administration
after the Eighteenth Amendment was repealed by the
Twenty-First Amendment.  See U.S. v. Constantine for
the key decision outlawing that FAA inside the several,
now 50, States of the Union:  one must read all the way
to the end to see the result (i.e. read it BACKWARDS :-)

For shocking proof, see 27 CFR 26.11 definitions of
"Revenue Agent", "Secretary" and "Secretary or his delegate":

http://www.supremelaw.org/cfr/27/

Also, Google site: supremelaw.org "used tire international" "secretary of the treasury'

I hope this helps.

/s/ Paul

___

from:  Larry Saccato <lsaccato@gmail.com>
to:  Juan Schoch <jvschoch@gmail.com>
date:  Fri, Oct 24, 2014 at 1:53 AM
subject:  More From Paul
mailed-by:  gmail.com
signed-by:  gmail.com
:  Important mainly because of the people in the conversation.

Larry Saccato

1:53 AM (5 hours ago)
   
to me
 
Thanks, Larry:  BETTER IDEA -- since this antiquated email system
will NOT allow forwards, it would help if you could forward to Juan
some of the email you have already received from me e.g.
"Clerks or Jerks?", "Blowing Whistles at Hurricanes" and anything
else you think he would like to read.

THE ISSUE, as far as I can tell, is THE CREDENTIAL INVESTIGATION
so you could get him started browsing the SLL for that subset
e.g.

http://www.supremelaw.org/rsrc/commissions/
http://www.supremelaw.org/rsrc/commissions.htm
http://www.supremelaw.org/rsrc/oaths/
http://www.supremelaw.org/rsrc/oaths/federal.judges.htm
etc.

He can see how we applied THE CREDENTIAL INVESTIGATION
in Mitchell v. AOL Time Warner, Inc. et al. here:

http://www.supremelaw.org/cc/aol/  (cf. all SUBPOENAs)
http://www.supremelaw.org/cc/aol2/
http://www.supremelaw.org/cc/aouscourts/
http://www.supremelaw.org/cc/statebar/

See also SUBPOENA to Paul H. O'Neill here:
http://www.supremelaw.org/cc/eddings/  (SUBPOENA to Secretary of the Treasury)
http://www.supremelaw.org/sls/2amjur2d.htm  (I believe)
http://www.supremelaw.org/sls/2amjur2d.gif  (I believe)

KEY CASE is Commissioner v. Acker:
IRS cannot create a tax liability with a Federal Regulation,
EVEN IF they were a de jure service, bureau, office or
other subdivision of the U.S. Department of the Treasury.

Case-related files should be here:
http://www.supremelaw.org/cc/hill/
http://www.supremelaw.org/cc/spd/

Google site: supremelaw.org "Case against William M. McCool"

Can you confirm this next URL too, please:
http://www.supremelaw.org/rsrc/commissions/evidence.folders.2004-03-16.htm

If that is not the correct URL, please advise, because I predict
that I'm going to need confirmation of the correct URL very soon.

p.s.  Juan should also be given all URLs for all four (4) Qui Tam Complaints.

/s/ Paul
___
 
from:  Larry Saccato <lsaccato@gmail.com>
to:  Juan Schoch <jvschoch@gmail.com>
date:  Fri, Oct 24, 2014 at 2:00 AM
subject:  More info from Paul
mailed-by:  gmail.com
signed-by:  gmail.com
:  Important mainly because of the people in the conversation.



Larry Saccato

2:00 AM (5 hours ago)
   
to me

Please inform Juan et al. that U.S. DOJ, Office of Information Policy, Washington, D.C.,
promptly replied to my FOIA Request for Freudenthal's four (4) credentials
while I was unlawfully detained at the county jail in Gering, Nebraska.

OIP did NOT have any SENATE CONFIRMATION for Freudenthal,
even though DOJ is the designated legal custodian per 5 USC 2902(c):

http://www.law.cornell.edu/uscode/5/2902.html  (c)
(U.S. Attorney General must countersign and seal)

Her U.S. OPM Standard Form 61 APPOINTMENT AFFIDAVITS are a
counterfeit form;  and, her PRESIDENTIAL COMMISSION is also
incomplete because Eric Holder's APPOINTMENT AFFIDAVITS
are also a counterfeit form:

http://www.supremelaw.org/cc/hedges/
(see "NOTICE OF MISSING AND/OR DEFECTIVE CREDENTIALS")
(see also admissions by OPM and OMB !!):
http://www.supremelaw.org/cc/hedges/opm/
http://www.supremelaw.org/cc/hedges/omb/

I already checked out Holder's SF-61 here:
http://www.supremelaw.org/cc/sebelius/holder/  (counterfeit Standard Form 61 !)

... in addition to several other Cabinet Officers under O'Bummer:
http://www.supremelaw.org/cc/sebelius/

Freudenthal earlier ignored my DEMAND for her SF-61:
http://www.supremelaw.org/rsrc/commissions/freudenthal.nancy/  (NAD = PAST DUE and IN DEFAULT)

Therefore, Freudenthal's lack of authority directly affects ALL
cases on which Terry J. Harris has acted as defense counsel
e.g. all sentences she imposed were FRAUDULENT ab initio;
all "orders" and "rulings" she has signed were FRAUDULENT ab initio;
all hearings on which she "presided" need to be vacated ab initio:

http://www.supremelaw.org/rsrc/commissions.htm

"[All] acts as such are VOID!"

Soooooo, Terry J. Harris has a HUGE CONFLICT OF INTEREST NOW ;-(

And, as "Chief Judge" Freudenthal has failed to exercise adequate
administrative supervision of her subordinates in the Clerk's Office:
see Code of Conduct for United States Judges, and folders
for Clerk's Office personnel Stephan Harris, Tammy Hilliker and
Zachary Fisher:

http://www.supremelaw.org/cc/hill/
http://www.supremelaw.org/cc/hill/harris/    (I believe)
http://www.supremelaw.org/cc/hill/hilliker/   (I believe)
http://www.supremelaw.org/cc/hill/fisher/    (I believe)
http://www.supremelaw.org/cc/spd/  (Seattle Police Department)

See in particular
Article VI, Clause 3; 
Article II, Section 2, Clause 2;  and,
Article II, Section 2, Clause 3, in the U.S. Constitution:

In the Supreme Law Library, try:
http://www.supremelaw.org/ref/whuscons/whuscons.htm#6:3 (Oath of Office Clause)
http://www.supremelaw.org/ref/whuscons/whuscons.htm#2:2:2 (Appointments Clause)
http://www.supremelaw.org/ref/whuscons/whuscons.htm#2:2:3 (Recess Appointments Clause)

An excellent read on 2:2:2 and 2:2:3 is Noel Canning v. NLRB,
D.C. Circuit (2013):  holding is correct, imho: 
vacancies must ARISE during a Senate recess.

Moreover, withOUT a SENATE CONFIRMATION, all other
credentials for Freudenthal are necessarily VOID because
a SENATE CONFIRMATION must either PRECEDE those other 3,
or FOLLOW during the next ensuing Senate session (for the special
case of recess appointments under 2:2:3 -- the Recess Appointments
Clause in the U.S. Constitution).

All of the above are fully documented in my APPLICATION FOR
DISQUALIFICATIONS: 28 USC 144, which should now be filed
in Docket #2:14-CR-00027-NDF-2 aka 14-CR-27-F (USDC/DWY).

Larry, you also have a hard copy of that APPLICATION FOR
DISQUALIFICATIONS because it is an ATTACHMENT incorporated
into my INITIAL APPLICATION FOR WRITS IN THE NATURE OF
QUO WARRANTO AND HABEAS CORPUS.

Try PACER for the full Docket listing at USDC/DWY (Cheyenne, Wyoming).

VERY LATEST is that the STATUS CONFERENCE scheduled for 11/10/2014
has now been VACATED, but no reason was given (to me): 

I strongly suspect that my APPLICATION FOR DISQUALIFICATIONS: 28 USC 144
was the MAIN REASON, most probably because Freudenthal did NOT see it coming
(when she should have expected it!)

Finally, 2 defense Counsels have now identified me as a "crucial witness"
and "essential witness" for their respective clients.  Case now has a total
of six (6) Co-Defendants, thus 6 total defense Counsels.

(You have the full list of defense Counsels and their contact information.)

A NOTICE AND DEMAND TO CEASE AND DESIST has now been served on
high-level officers at USMCFP/Springfield, because a "psychologist" here
threatened me, verbally and in writing, with FORCED MEDICATION
(using psychotropic drugs) as soon as I arrived here.

See Washington v. Harper (U.S. S.Ct.) for shocking discussions of the
effects of these drugs e.g. death, permanent disability, brain damages,
uncontrollable muscle spasms, permanently changing brain chemistry etc. etc.

That psychologist told me, my first day here, that Terry J. Harris
"agreed" with Dr. Cynthia Low's "diagnosis" but Low has also
failed to answer my FOIA Request for her credentials!!

/s/ Paul

___

Please forward ASAP to:

<caroline_danielson@barrasso.senate.gov>
<jvschoch@gmail.com>

TO:
Senator John Barrasso
c/o Caroline Danielson, Intern
P.O. Box 22201
Casper 82602
Wyoming, USA

Email: <caroline_danielson@barrasso.senate.gov>

Greetings Senator Barrasso:

Caroline Danielson, your Intern, was kind enough to respond via email
to Mr. Juan Schoch in Florida concerning my plight as an American
political prisoner.

I am presently detained at USMCFP in Springfield, Missouri,
after forty-nine (49) discrete moves since my false arrest on
January 28, 2014 A.D. See 18 USC 1114, 1201, 1513, 1961 et seq.

AUTHORIZATION

I hereby authorize your good Offices to communicate directly with
Mr. Larry Saccato, my trusted Legal Assistant, "Next Friend"
(under 28 USC 1654), and Interim Trustee of my private estate,
until further Notice.

Mr. Saccato can be reached via email to: <lsaccato@gmail.com>
or U.S. Mail to: 1224 N.E. Walnut #257, Roseburg 97470, Oregon, USA.

Two (2) summary documents should be particularly informative to you
and to your staff, for starters: "Blowing Whistles at Hurricanes"
(written by me, using a pen name); and, my APPLICATION FOR
DISQUALIFICATIONS: 28 USC 144, as recently filed in Docket number
#2:14-CR-00027-NDF-2 aka 14-CR-27-F (USDC/Cheyenne, Wyoming).

My 2+hours of testimony on July 10, 2014 were given during a
closed door hearing, but a faithful audio recording should be readily
produced in response to a proper SUBPOENA and/or civil investigative
demand. I was told, indirectly, that Deputy U.S. Marshals present
during that hearing were very impressed with my testimony.

One of the more sensitive issues I addressed was the ~7 years
of pro bono work I did for U.S. Coast Guard Investigations
at San Diego Harbor, California (forensic digital photo analysis).
I am a published author in computer graphics (Harvard 1977).

If the USDC/DWY Docket is not open to your staff, Larry Saccato
should be able to forward a few electronic and/or printed hard copies
to your Office(s), without much delay. The APPLICATION FOR
DISQUALIFICATIONS comes with two (2) Attachments, and I will
remind Larry to forward those Attachments as well to Ms. Danielson's
email address.

(The email system here at USMCFP is very primitive and does not
allow message forwarding.)

Another original essay is "Clerks of Jerks? The Pivotal Duties
of Federal Court Clerks," also authored by me while being detained
for a second "psychological evaluation" [sic] at FDC/SeaTac
(Federal Detention Center, Seattle/Tacoma). Almost immediately
after arriving at USMCFP/Springfield, I was threatened verbally,
and in writing, with "forced medication". Here, see the decision of
the U.S. Supreme Court in Washington v. Harper re: psychotropic drugs.

Thank you for your professional consideration, Senator Barrasso.

p.s. I will attempt to print and mail a hard copy of this AUTHORIZATION
to you, but USMCFP staff are recently making it more difficult for me to print
hard copies: they are refusing to refill the paper tray in the laser printer
in our "Ward". Wait! I see Nurse Rached approaching:

Gotta hide my papers :-)

Sincerely yours,
/s/ Paul Andrew Mitchell
Paul Andrew Mitchell, B.A., M.S. (chosen name) *
Private Attorney General, 18 USC 1964,
Rotella v. Wood, 528 U.S. 549 (2000)
(objectives of Civil RICO);
Agent of the United States as Qui Tam Relator,
False Claims Act: 31 USC 3729 et seq. (4X);
Qualified Federal Witness: 18 USC 1512, 1513;
Instructor, Inventor and Systems Development Consultant,
utility patent pending, U.S. Patent and Trademark Office;
Webmaster, Supreme Law Library: www.supremelaw.org

Bio: www.supremelaw.org/authors/mitchell/resume.htm

* See Doe v. Dunning, 549 P.2d 1 (Washington State Supreme Court)
(fundamental principle and common-law right to change one's name)

___

MITCHELL PAUL MODELESKI (44202086)
10/25/2014 2:34:30 PM
RE: Lieber code revisited

Resolutions are not Acts of Congress:
compare 1 USC 101 and 1 USC 102:

http://www.law.cornell.edu/uscode/1/101.html
http://www.law.cornell.edu/uscode/1/102.html

Resolutions are merely the opinions of lawmakers,
but they are NOT Acts of Congress i.e. "Be it enacted
by the Senate and the House of Representatives ...."

See also Dyett v. Turner, Utah Supreme Court (1968),
also State v. Phillips (also Utah Supreme Court):

27 < 28, always has been, always will be !

"We do NOT make law by force or by fraud."
-- Glass v. The Sloop Betsey (U.S. S.Ct.)

The United States has formally declared insolvency
as to obligations allegedly owed to the Federal Reserve Banks:

http://www.supremelaw.org/cc/fox2/

... thus activating the AUTOMATIC STAY expressly authorized
by U.S. bankruptcy laws: see 11 U.S.C. 368 (I think).

/s/ Paul
-----Schoch, Juan on 10/25/2014 11:21 AM wrote:

>

The reason why I brought up Lieber code was because of some people starting a movement of peaceful inhabitants. They are tying in the Lieber code:

Lieber Code, General Orders No. 100 by Abraham Lincoln (04/24/1863)

___

MITCHELL PAUL MODELESKI (44202086)
RE: Lieber etc. (,.) debt and debt collection - money creation

$6.9 TRILLION USD + interest is now payable to the Treasury of the United States
by the State of Israel and their agent, Dov S. Zakheim:

http://www.supremelaw.org/cc/zakheim/ (see INVOICEs)
http://www.supremelaw.org/cc/gwbush/vcc.htm (see all Exhibits)

(See Donald Rumsfeld's press conference on 9/10/2001 + 1 = 9/11;
should be on www.youtube.com )

Another $1.8 TRILLION USD + interest is now payable to the Treasury of the United States
by 200,000+ past and present "members" of The State Bar of California:

http://www.supremelaw.org/cc/statebar/
http://www.supremelaw.org/ref/cbpc/

Those "members" can pay their debt of $9 Million each by
charging their attorney malpractice insurance underwriters;

if they don't have malpractice insurance, they can pay their debts
out of their private estates -- or go to prison.

HOW MANY $100 MILLION NEW HOSPITALS CAN BE BUILT WITH $8.7 TRILLION USD?

Somewhere in the Supreme Law Library is my proposal to the Bureau of Engraving
and Printing to implement a full-scale FRN Recall -- by printing United States Notes
instead: piece o' cake.

/s/ Paul
-----Schoch, Juan on 10/25/2014 11:36 AM wrote:

>

___

MITCHELL PAUL MODELESKI (44202086)
10/25/2014 2:51:50 PM
RE: Question of import

June 21, 1948, high noon at Worcester, Commonwealth of Massachusetts,
the first day of Summer, longest day of the year in the Northern Hemisphere:

http://www.supremelaw.org/cc/gilberts/opening.htm
(the day on which God's intense burning sun would shine the longest)

Mom said I was late, and hungry too :-)

Worcester is situated where the intellectual origins
of the American Revolution were born too -- in that vicinity
of New England.

p.s. I've already raised elder abuse in my pleadings.

IRS is terrified they'll get exposed for keeping PMRS
in their Delegations of Authority, after PMRS was
repealed in 1993:

http://www.supremelaw.org/irm/

($25,000 per award and $35,000 to the President through Treasury)

http://www.supremelaw.org/press/rels/kickback.htm
(see results of my FOIA Request: IRS had no records because
all awards were paid in CASH or in-step upgrades :-)

/s/ Paul
-----Schoch, Juan on 10/25/2014 11:51 AM wrote:

>

What is your date of birth, etc. how old are you? Basically I need to know because you are considered an elder and I am convinced you are being abused.

Related:

 

More related:

Lawman: IRS: Chuck Conces' Legacy Lives On - Thanks Chuck!
http://tekgnosis.typepad.com/tekgnosis/2008/08/lawman-irs-chuc.html

October 23, 2014 in Current Affairs | Permalink