We scoured the Miscellaneous Provisions at the very end
of the Act of June 25, 1948 today, looking for all occurrences of
"District Court of the United States", and we found that the term
"District Court of the United States" appears in several places
(with minor variations in capitalization):
"district courts of the United States"
occurs at 62 Stat. 986-987, Sec. 9 (June 25, 1948)
"district court of the United States"
occurs at 62 Stat. 989, Sec. 17 (June 25, 1948)
"District Court of the United States"
occurs at 62 Stat. 990, Sec. 21 (June 25, 1948)
So,we tracked down the last one above, and
traced it to the codified version at 48 U.S.C. 864:
http://www4.law.cornell.edu/uscode/48/864.html
(click on Notes for further details)
Now, let'switness the "smoking gun" that I found
in the U.S. Code Service ("USCS") and
in the U.S. Code Annotated ("USCA"):
48 USCS 864 and 48 USCA 864 both cite the exact same
authority: 62 Stat. 990, ch. 646, sec. 21, June 25, 1948, for
a textual change which has been made to a statute in
the Miscellaneous Provisions of this Act, BUT THERE IS
NO CLUE AS TO WHO MIGHT HAVE MADE THIS ONECHANGE,
BECAUSE CONGRESS CERTAINLY DID NOT!!
The Explanatory Notes at 48 USCS 864 say this:
The "United States District Court forthe District of Puerto Rico"
was substituted for "District Court of the United States for Puerto Rico" [BY WHOM??]
on authority of Act of June 25, 1948, ch 646, sec. 1, 62 Stat. 895,
which appears as 28 USCS secs. 132(a) and 119, and which provide
respectively, that there shall be a district court of record in each
judicial district known as the United States District Court for that
district and that Puerto Rico shall comprise one judicial district.
For the status of the Code as evidence, see 1 USCS sec. 204. <--- NOTE WELL!!
[end excerpt]
DO YOU SEE WHAT JUST HAPPENED HERE?
This is extremely interesting, because the Miscellaneous
Provisions are just as much as part of the Act of June 25, 1948,
as are all preceding sections, which re-vamped all of Title 28.
Those Miscellaneous Provisions clearly contain the term
"District Court of the United States" at 62 Stat. 990, Sec. 21,
AND at least two (2) other sections in those Miscellaneous
Provisions also use that same term (singular and plural).
In that very same Act,sections 132(a) and 119 do NOT amend
or otherwise change Sec. 21 at 62 Stat. 990. Neither 132 nor 119
expressly abolishs the Article III DCUS which had existed inside
the several States of the Unionfor 159 years (1789 to 1948).
AND, THERE IS NO SUBSEQUENT AMENDMENT CITED
FOR THIS TEXTUAL CHANGE, WHICH THEREFORE
WAS DONE WITHOUT ANY ACT(s) OF CONGRESS
AUTHORIZING THAT TEXTUAL AMENDMENT.
The responsible party(s) also tipped their hands by adding:
"For the status of the Code as evidence, see 1 USCS sec. 204."
We infer from this admission that the status of this section,
in Title 48 of the U.S. Code, is questionable at least, because
the codified changesare legally NOT conclusive evidence
of the underlying Statute at Large from which it was derived.
The Statute at Large is the CONCLUSIVE EVIDENCE,
NOT the U.S. Code, in this glaring example.
IN POINT OF LAW, THE TWOARE NOT ONE AND THE SAME,
PROVING ONCE AGAIN THAT THE U.S. CODE AND THE
STATUTES AT LARGE ARE NOT EQUIVALENT.
Under "Codifications", the Historical and Statutory Notes
at48 USCA 864 say this:
"United States District Court for the District of Puerto Rico"
was substituted for "District Court of the United States
for Puerto Rico" in view of section 132(a) of Title 28, Judiciary
and Judicial Procedure, which states that "There shall be
in each judicial district a district court which shall be a
court of record known as the United States District Court
for the district" and section 119 of Title 28, which states that
"Puerto Rico constitutes one judicial district."
[end excerpt]
Again, these Historical and Statutory Notes in the USCA
do NOT cite any Act of Congress for this glaring textual amendment.
Contrast this with a section in the Miscellaneous Provisions
where Congress expressly changed the name of the
Federal district court in D.C. from DCUS to USDC!!
Congress certainly knows how to change the name of
a Federal district court, whenever it needs and wants
to do so!
If you are not familiar with federal laws and rules of construction,
you may not (yet) appreciate how significant this finding really it.
Let me summarize: the Act of June 25, 1948, clearly
uses the term "District Court of the United States"
at 62 Stat. 990, Sec. 21, and that Section was
subsequently never amended by any known Act of
Congress; it appears to have been amended instead
by the federal personnel responsible for assembling
and publishing the United States Code, but without
any Act(s) of Congress authorizing such a key
textual amendment to a Statute at Large.
THIS IS FRAUD!!
Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, Criminal Investigator and
Federal Witness: 18 U.S.C. 1510, 1512-13, 1964(a)
http://www.supremelaw.org/decs/agency/private.attorney.general.htm
http://www.supremelaw.org/index.htm
http://www.supremelaw.org/support.policy.htm
http://www.supremelaw.org/guidelines.htm
All Rights Reserved without Prejudice