"APPLICATION FOR LEAVE TO INTERVENE AND FOR A WRIT IN THE NATURE OF A PROHIBITION"

From: Paul Andrew Mitchell
Subject: Re: Berg v. Obama (USDC/EDPA), What does this mean?
To: "m j"
Date: Sunday, September 14, 2008, 9:02 PM


> "APPLICATION FOR LEAVE TO INTERVENE AND FOR A WRIT IN THE NATURE OF A PROHIBITION"
> I apologize for my ignorance, but could you put it simplify the quote.



No need to apologize: that is an excellent question,
and I'm very glad you asked it.


The term "leave" means permission in legalese
i.e. APPLICATION FOR PERMISSION TO INTERVENE ....

The "United States" has several meanings, as explained
here by the U.S. Supreme Court in the year 1945:

http://www.supremel aw.org/decs/ hooven/hooven. htm#united. states

It can mean the Federal Government; and,
it can also mean the 50 States of the Union.

Both meanings occur at various places in the
U.S. Constitution.

In Federal litigation, whenever it is a Proper Party,
"United States" means the Federal government
domiciled in the District of Columbia. Congress
expressly conferred legal standing upon the "United States"
(federal government) at 28 USC 1345 and 1346,
to sue and be sued, respectively:

http://www4. law.cornell. edu/uscode/ 28/1345.html
http://www4. law.cornell. edu/uscode/ 28/1346.html


In the Qualifications Clauses, "United States" means "States united":

http://www.supremel aw.org/authors/ mitchell/ quals.htm


Common law writs were technically abolished by Congress
several years ago, but the All Writs Statute still authorizes
such Writs when they are issued "in the nature of"
the common law writs that were abolished.

I know, this is ATTORNey double-talk. Congress enacts
laws typically drafted by ATTORNeys.

Nevertheless, the All Writs Statute is the statutory authority
for such a Writ [in the nature] of a Prohibition, read
"prohibiting anyone from occupying a government office"
e.g. if they are not qualified and/or not eligible:

http://www4. law.cornell. edu/uscode/ 28/1651.html (a)


Prohibition is the customary common law Writ
to prevent or "bar" anyone from attempting to occupy
an office BEFORE they take possession of that office.

A Writ of Quo Warranto is the common law Writ
to oust someone from an office AFTER
they have taken possession of that office.

"Quo Warranto" is Latin for "by what authority"
or "by what warrant?"


p.s. There is much additional (and free) reading
at the links below my name here ...

http://www.supremel aw.org/reading. list.htm



Sincerely yours,
/s/ Paul Andrew Mitchell, B.A., M.S.
Private Attorney General, 18 U.S.C. 1964(a)
http://www.supremel aw.org/decs/ agency/private. attorney. general.htm
Criminal Investigator and Federal Witness: 18 U.S.C. 1510, 1512-13
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On Sun, Sep 14, 2008 at 8:42 PM, m j wrote:

"APPLICATION FOR LEAVE TO INTERVENE AND FOR A WRIT IN THE NATURE OF A PROHIBITION"


I apologize for my ignorance, but could you put it simplify the quote.


On Sun, Sep 14, 2008 at 8:11 PM, Paul Andrew Mitchell wrote:




---------- Forwarded message ----------
From: Paul Andrew Mitchell
Date: Sun, Sep 14, 2008 at 7:06 PM
Subject: Berg v. Obama (USDC/EDPA), APPLICATION FOR LEAVE TO INTERVENE AND FOR A WRIT IN THE NATURE OF A PROHIBITION by United States ex rel. Private Attorney General




Berg v. Obama (USDC/EDPA),
APPLICATION FOR LEAVE TO INTERVENE AND
FOR A WRIT IN THE NATURE OF A PROHIBITION:
All Writs Statute, 28 U.S.C. 1651(a)
by United States ex rel. Private Attorney General

http://www.supremel aw.org/cc/ obama/interventi on.prohibition. htm
http://www.supremel aw.org/cc/ obama/interventi on.prohibition. doc

.htm = HTML
.doc = MS WORD 2007

--
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.supremel aw.org/decs/ agency/private. attorney. general.htm
http://www.supremel aw.org/index. htm
http://www.supremel aw.org/support. policy.htm
http://www.supremel aw.org/guideline s.htm

All Rights Reserved without Prejudice