NOTICE OF MOTION AND MOTION TO STRIKE : 28 U.S.C. 1654; and, International Covenant on Civil and Political Rights / (“SEALED”) Case No. #2:14-CR-00027-NDF-2 [sic] (“ICCPR”)

Update:

Are you a traitor? RT http://goo.gl/VXH1vF  #TortureGate #IRS #IRSscandal #FreePaulAndrewMitchell

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NOTICE OF MOTION AND

MOTION TO STRIKE : 28 U.S.C. 1654; and,

International Covenant on Civil and Political Rights

(“SEALED”) Case No. #2:14-CR-00027-NDF-2 [sic] (“ICCPR”)

TO: Chief Judge (duly credentialed)

U.S. District Court (cf. 18 U.S.C. 1964(c))

2120 Capitol Ave., 2nd Floor

Cheyenne 82001                              RE: false arrest,

Wyoming, USA                                      false imprisonment,

DATE: June 5, 2014 A. D.                      fraudulent concealment

The Undersigned appears personally under 28 USC 1654. (NOT “by counsel”, i.e. NOT represented)

The Court is hereby moved to strike

the following items from the record:

(1) government MOTION requesting ORDER

authorizing a “psychological evaluation”;

(2) “ORDER” allegedly authorizing a [second]

“psychological evaluation”; and,

(3) report by Dr. C. Low dba forensic

psychologist at FDC SeaTac (Seattle/Tacoma)

Justification:

Item (1) above was never served upon

the Undersigned, who has always appeared

In Propria Persona (cf. Black’s Law Dictionary, 6th Edition), and was never legally

“represented” by any licensed attorney(s).

No notice of any such MOTION, and no

notice of any hearing(s) on any such MOTION,

were ever served upon him. And, no

hearing on any such MOTION was ever

conducted in the presence of the Undersigned.

 

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Item (2) above suffers from the same

deficiencies as Item (1) above i.e.

no MOTION, no notice of any MOTION, and no

notice of hearing were ever served on

the Undersigned; and, no hearing was

ever conducted with the Undersigned being

present. Moreover, Item (2) bore a

stamp (ICCPR; 28 USC 1691, signature and seal) exhibiting the name “STEPHAN HARRIS”.

The latter has refused to produce any

credentials for at least six (6) YEARS,

and has now been charged with violating

18 U.S.C. 1519 (concealing Court records) (5 USC 2906, “court”).

As such, item (2) was fraudulent

ab initio for violating due process of law. (5th Amend.)

Item (3) was written without a lawful

ORDER authorizing any “psychological

evaluation” of the Undersigned. Moreover,

he provided Dr. Low with three (3)

court cases which held, as a group, that:

(a) the Undersigned had a Right to assistance

of counsel during all interviews; (6th Amend.)

(b) Dr. Low was required to inform him

of that Right before interviews began; (5th Amend.)

(c) Dr. Low was required to inform him

that his statements during interviews

 

-2 of 4-

 

were not protected by physician-patient

confidentiality, nor by attorney-client

confidentiality or attorney-client privilege; (5th Amend.)

(d) Dr. Low was required to inform him

that her “report” would be conveyed

to the prosecution; (5th Amend.) and,

(e) all interviews needed to be tape-

recorded, but none were tape-recorded!

In all respects (a) through (e) above,

the so-called “psychological evaluation”

and related “report” both failed on

requirements imposed by the guarantees

in the Fifth and Sixth Amendments,

read: the Undersigned’s Fundamental

Rights, none of which he has ever waived.

If Mr. Mark C. Hardee was considered the

Undersigned’s “stand-by counsel” (or his

“legal representative”) when Dr. Low’s

Interviews were conducted, Mr. Hardee

was NOT present during ANY of those interviews!!!

Neither Dr. Low, nor the staff Psychiatrist

at FDC SeaTac, ever asked the Undersigned

if he wished to waive the assistance of

counsel during those interviews.

As such, items (1), (2), and (3) all violated

the long-standing requirement for Miranda Warnings!

See Miranda v. Arizona: re: rights secured.

 

-3 or 4-

 

Statements made by the Undersigned

to Dr. Low were made under duress

of unlawful arrest and unlawful

incarceration; as such his statements

under duress did NOT constitute competent

waivers of any fundamental Rights.

See Brady v. U.S. (re: high standard

established for waivers of fundamental

Rights, such as those guaranteed by

the Fifth and Sixth Amendments) (5th Amend.; 6th Amend.; ICCPR)

-REMEDY-

This Court should strike from its official

records the MOTION requesting, and the “ORDER” allegedly

authorizing, a “psychological evaluation”,

and the report prepared by Dr. C. Low

in connection with interviews conducted

at FDC SeaTac without proper Miranda

Warnings, and without adequate technical

assistance of counsel, to the Undersigned--

who consistently reserves all Rights without prejudice.

Respectfully submitted June 5, 2014 A. D.

Paul Andrew Mitchell

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

Relator In Propria Persona, 28 U.S.C. 1654

All Rights Reserved (cf. UCC 1-308, ICCPR)

 

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NOTICE OF MOTION AND MOTION TO STRIKE : 28 U.S.C. 1654; and, International Covenant on Civil and Politica...

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