Formal Rebuttal and Protest of Referral to Irs

FORMAL REBUTTAL AND PROTEST OF REFERRAL TO IRS

June 28, 2016 A.D.

Gerald M. Auerbach

Office of General Counsel

U.S. Marshals Service

950 Pennsylvania Avenue, N.W.

Washington 20530-0001

District of Columbia, USA

Subject: plain errorsevident in your referral to IRS (12/21/2015)

Greetings Mr. Auerbach:

In conversations with our Trustees, and on the basis of their observations as competent material witnesses, which can be verified with relative ease, we have concluded that your referral to the IRS dated December 21, 2015, was a plain error which justifies immediate remedial and corrective actions.

At no time during the 325 days + 5 hours of my false arrest and false imprisonment did I have any contact whatsoever with any officers or employees of the Internal Revenue Service (“IRS”).

At all times during that period of 7,805 hours, I was “officially” in the custody of the U.S. Department of Justice under the direct control and supervision of the U.S. Marshals Service and personnel employed by the U.S. Bureau of Prisons. Both of the latter organizations are situated within the U.S. Department of Justice, not Treasury.

When I was finally released at approximately 4:00 PM on December 19, 2014 A.D., I specifically remember being told by CJA attorney Terry Harris that unnamed personnel in the U.S. Marshals Service in Cheyenne, Wyoming, had fully intended to throw me out into the freezing snow on that winter day, with no clothes, no money, no food, no job, and nowhere to go in such a desperate and destitute condition.

According to what Mr. Harris told me, he found it necessary to argue at length with those USMS personnel in order to prevent such a cruel, vindictive and totally unnecessary risk from being forced upon me.

As it turned out, Mr. Harris drove himself from Cheyenne to the jail in Gering, Nebraska, to pick me up at my release and drive me back to Cheyenne, Wyoming. He was also successful at purchasing a one-way Greyhound bus ticket from Cheyenne to Seattle, Washington. I can only presume that he submitted his expenses to the USMS in Cheyenne, for reimbursement by the USMS. Please contact him yourself,if you should have any need to confirm these facts.

You could also save time and just believe me, because I am not a liar, Mr. Auerbach, and I am not “delusional”either.

Now, these verifiable facts raise quite a few important questions about your referral letter dated December 21, 2015. Chiefly, in the last paragraph you mention “consultation with the Internal Revenue Service”, and you also decided to refer my Tort Claim to the IRS as “the federal agency responsible for the final determination” [sic] of that Claim.

First of all, I specifically deny that you had any “consultation” with the IRS, as such. If you consulted at all, you must have communicated with other human beings either via telephone, email, fax, and/or possibly during in-person meetings.

For that reason, I am taking this opportunity to request, politely, that you identify all such personnel by name and position, and do so within the next 10 business days.

Secondly, for reasons already stated above, it should have been painfully obvious to you that the USMS was the “agency responsible” for all 7,805 hours of my false arrest and false incarceration, and for all 55 moves across State lines.

Accordingly, it stands to reason that the USMS was always the federal agency responsible for final determination of my initial Tort Claim, NOT any officer(s) or employee(s) of the IRS. That initial Tort Claim was for TIME ONLY, not for any other actionable torts.

Yes, it is also true that my Seattle apartment was illegally raided in June of 2013 under color of a false and fraudulent search “warrant”. That “warrant” was illegally executed by 2 IRS personnel and at least one man claiming to be a Deputy U.S. Marshal (named “Ray Fleck”).

As documented in two (2) VERIFIED CRIMINAL COMPLAINTs ON INFORMATION formally charging both IRS personnel with multiple Federal offenses, it was a Deputy U.S. Marshal who accompanied me to the public counter of the Clerk’s Office at the U.S. District Court in downtown Seattle, while that “warrant” was being executed. His name is Jeffrey Mans.

Mr. Mans had previously met with me at leastthree (3) separate times: once in that Federal courthouse, once in my Seattle apartment, and once at a nearby Starbucks coffee shop. At 2 of those 3 meetings, he was accompanied by a Deputy Wood.

As such, Jeffrey Mans’ assistance to me while that “warrant” was being executed was the fourth such meeting he and I had with each other.

Because the Credential Investigation has figured so prominently in so many different phases of my false arrest and false incarceration, and in all related Federal Court cases, specific USMS personnel cannot claim ignorance of that Investigation or any of its findings of fact.

And, the USMS must certainly take principalresponsibility for the extensive damages that were direct consequences of that entire period of my false arrest and false incarceration.

The motive for both the arrest and incarceration was clearly one of outright and vicious retaliation for theCredential Investigation, which had been assisted regularly and consistently by active personnel in DOJ’s Office of Information Policy at least since August 2001.

Not once did any of OIP’s personnel ever request, or ever demand, that I desist or cease conducting that Investigation, and not once did any of OIP’s personnel ever complain that my conduct in the course of that Investigation was unethical or illegal in any mannerswhatsoever.

Please confirm the latter statement by perusing the archive of OIP’s numerous written replies to my proper Requests submitted under the Freedom of Information Act (“FOIA”), located here on the Internet:

Whatever complicity IRS personnel may have in this matter is clearly separate and distinct from USMS complicity and liability, particularly arising as IRS complicity did at least when my Seattle apartment was raided under color of a false and fraudulent search “warrant”.

More pointedly, we are now exploring an hypothesis which motivates us to investigate whether or not the retaliation directed at me was anothermanifestation of the well documented attacks by IRS personnel, conspiring with Ms. Lois Lerner et al., to punish conservative organizations and prominent Tea Party affiliates with deliberate delays in processing their applications for tax-exempt status.

Please do not be surprised when I bluntly suggest that Messrs. James Marcy and David Guest were coordinated by accomplices of Lois Lerner et al., with supervision and directives issuing from Lerner’s superiors, including but not limited to personnel employed during that period by the Office of the President in Washington, D.C.

If you are not already aware of the Congressional hearings and litigation which Ms. Lerner’s misconduct has spawned, I invite you to do a little research using widely available Internet browsers. Please do not be offended when I suggest a simple question: ask a few informed officials just how many times Lois Lerner visited the White House.

I mention Lois Lerner also because I spent many hours in the Gering, Nebraska jail hand-writing 30 Journal Entries totaling approximately 50 separate 8½ x 11 pages, some of which specifically mentioned the Lois Lerner Scandal. I mailed the originals of those 30 Journal Entries to CJA attorney Terry Harris, with offices in Cheyenne.

You should know that Terry Harris has consistently refused to return those 30 Journal Entries, even after I demanded their return. I am the sole author of all such Journal Entries, and I enjoy exclusive copyrights in all 50 such pages and in every single word and punctuation mark in those 30 Journal Entries. See 18 U.S.C. 242 and 17 U.S.C. in toto.

Last but not least, one of the documents attached to my initial Tort Claim was a copy of my letter to U.S. Senator Maria Cantwell, dated 4/17/2015. That letter mentions the following relevant incident involving another man claiming to be a Deputy U.S. Marshal, and a second man who met the description of one William M. McCool doing business as the Clerk of the U.S. District Court in downtown Seattle:

I have also been watching Mr. William M. McCool at least since 1996, when I volunteered to search for missing children in Tucson, Arizona. After he trespassed on our private apartment property and attempted to intimidate me, I assembled the following accusations against him:

I immediately reported that trespass and intimidation incident via email to 3 duly credentialed U.S. District Judges in downtown Seattle. Copies of the latter email correspondence can be provided to you, upon request. I may have transmitted copies of same to Deputy Mans, but I would need to double-check that point before confirming positively that Mans also received copies of that email correspondence.

I should hope by now that you do recognize the plain error that you committed when you attempted to push my initial Tort Claim paperwork away from your desk and over to the Office of the IRS Chief Counsel.

I believe you do know what you need to do now. I would not wish to insult a man of your intelligence by telling you how to do your job.

Thank you, Mr. Auerbach, for honoring this Crime Victim’s Rights, as expressly protected by the Federal criminal statute at 18 U.S.C. 3771.

Sincerely yours,

/s/ Paul Andrew Mitchell

Paul Andrew Mitchell, B.A., M.S., Crime Victim: 18 U.S.C. 3771;

Private Attorney General, Civil RICO: 18 U.S.C. 1964; and,

Agent of the United States as Qui Tam Relator (4X),

Federal Civil False Claims Act: 31 U.S.C. 3729 et seq.

U.S. Mail:

Supreme Law Firm

c/o Trustee

1224 N.E. Walnut #257

Roseburg 97470

Oregon, USA

Courtesy Copies:

Trustees, Estate of Paul Andrew Mitchell, B.A., M.S.

William J. Wilkins as IRS Chief Counsel

Christopher B. Sterner as IRS Deputy Chief Counsel (Operations)

Erik H. Corwin as IRS Deputy Chief Counsel (Technical)

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