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This is the work of; Eric Williams, and I have taken it and started making it my own, but have not finished, as I have to understand it and finish reading it first...
Citation preview
DISTRICT COURT AND SUPERIOR COURT
UNIFIED CRIMINAL DOCKET IN FRANKLIN COUNTYSTATE OF MAINE
129 Main Street, Suite 1, Farmington, ME 04938
STATE OF MAINE Executive and Judicial Branches
VS. Case # Docket No.FRACD-CR-2014-00950
Carol Murphy Wrongly Accused Belligerent Litigants
CERTIFICATE OF SERVICE
I, Carol Murphy , do hereby certify that I have on this ______ day of May, 2015, by hand delivering a copy to his office in the County of Franklin. Maine 124 Main Street, Farmington, ME 04938
Served Plaintiff’s attorney Andrew S. Robinson prosecuting attorney and assistant prosecuting attorney district attorney James Andrews STATE OF MAINE.
And I likewise certify that I have on this _____ day of May , 2015, SERVED The DISTRICT COURT AND SUPERIOR COURT UNIFIED CRIMINAL DOCKET IN FRANKLIN COUNTY STATE OF MAINE
A true and correct copy of the two documents indicated herein below,
on behalf of the above named Wrongly Accused.
All concerned will please take note that this is a SERVICE of Process
on this Court, causing this COURT, to be an Inactive and non- Participating Party to this Jurisdictional Challenge to the Executive Branch of the Government of STATE OF MAINE
This Court did not lodge the underlying charges and this Court is required to maintain its NEUTRAL Position with no authority to act in any manner of judicial activity unless and until STATE OF MAINE meets its burden to prove its jurisdiction over these Wrongly Accused!
NOTICE (In Lieu of Motion)
OF CHALLENGE TO STATE OF MAINE‘S POLITICAL OR CONTRACTUAL JURISDICTION OVER THIS WRONGLY ACCUSED
and
DEMAND THAT STATE OF MAINE PRESENT PROOF OF ITS JURISDICTION
CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 1 of 85
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STATE OF MAINE’S INHERENT FAILURE TO PRESENT SUCH PROOF SHALL CONSTITUTE ITS AVERMENT THAT ALL CHARGES AGAINST THIS WRONGLY ACCUSED WERE AND ARE INVALID AB INITIO
EXHIBIT “A”
DISTRICT COURT AND SUPERIOR COURTUNIFIED CRIMINAL DOCKET IN FRANKLIN COUNTY
STATE OF MAINE Executive and Judicial Branches
VS. Case # Docket No.FRACD-CR-2014-00950
Carol Murphy Wrongly Accused Belligerent Litigants
EXHIBIT “A”
to NOTICE (In Lieu of Motion) OF CHALLENGE TO STATE OF MAINE’ S POLITICAL OR
CONTRACTUAL JURISDICTION OVER THIS WRONGLY ACCUSED and DEMAND THAT
STATE OF MAINE PRESENT PROOF OF ITS JURISDICTION STATE OF MAINE’S INHERENT
FAILURE TO PRESENT SUCH PROOF SHALL CONSTITUTE ITS AVERMENT THAT ALL
CHARGES AGAINST THIS WRONGLY ACCUSED WERE AND ARE INVALID AB INITIO
Introduction Let STATE OF MAINE and this Honorable Court be advised;
The presentation herein and references to the forty-five (45) appellate court cases pertaining to and
establishing proper protocols in regard to procedures once jurisdiction has been challenged are not
offered herein by this Wrongly Accused as any basis for his Challenge to the jurisdiction of STATE of
MAINE over this Wrongly Accused.
The purpose of such presentment is to guide STATE OF MAINE and this Honorable Court as to the
fact that once such jurisdictional Challenge is entered on the record, any and all previous jurisdiction,
of any and every imaginable style or basis is suspended by this Basic Fundamental Jurisdictional
Challenge 45 Case Citations re: JURISDICTION
1. "A void judgment is one that has been procured by extrinsic or collateral fraud or entered by a court that did not have jurisdiction over the subject matter or the parties." Rook v. Rook, 233 Va. 92, 95, 353
CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 2 of 85
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2. A court may not render a judgment which transcends the limits of its authority, and a judgment is void if it is beyond the powers granted to the court by the law of its organization, even where the court has jurisdiction over the parties and the subject matter. Thus, if a court is authorized by statute to entertain jurisdiction in a particular case only, and undertakes to exercise the jurisdiction conferred in a case to which the statute has no application, the judgment rendered is void. The lack of statutory authority to make particular order or a judgment is akin to lack of subject matter jurisdiction and is subject to collateral attack. 46 Am. Jur. 2d, Judgments § 25, pp. 388-89.
3. A void judgment is to be distinguished from an erroneous one, in that the latter is subject only to direct attack. A void judgment is one which, from its inception, was a complete nullity and without legal effect. Lubben v. Selective Service System, 453 F.2d 645, 649 (1st Cir. 1972).
4. A judgment rendered by a court without personal jurisdiction over the defendant is void. It is a nullity. [A judgment shown to be void for lack of personal service on the defendant is a nullity.] Sramek v. Sramek, 17 Kan. App. 2d 573, 576-77, 840 P.2d 553 (1992), rev. denied 252 Kan. 1093 (1993).
5. "Where there are no depositions, admissions, or affidavits the court has no facts to rely on for a summary determination.” Trinsey v. Pagliaro, D.C. Pa. 1964, 229 F. Supp. 647.
6. "A court cannot confer jurisdiction where none existed and cannot make a void proceeding valid. It
is clear and well established law that a void order can be challenged in any court", OLD WAYNE
MUT. L. ASSOC. v. McDONOUGH, 204 U. S. 8, 27 S. Ct. 236 (1907).
7. "The law is well-settled that a void order or judgment is void even before reversal", VALLEY v.
NORTHERN FIRE & MARINE INS. CO., 254 u.s. 348, 41 S. Ct. 116 ( 1920 )
8. "Courts are constituted by authority and they cannot go beyond that power delegated to them. If
they act beyond that authority, and certainly in contravention of it, their judgments and orders are
regarded as nullities ; they are not voidable, but simply void, and this even prior to reversal."
WILLIAMSON v. BERRY, 8 HOW. 945, 540 12 L. Ed. 1170, 1189 ( 1850 ).
9. "Once jurisdiction is challenged, the court cannot proceed when it clearly appears that the court
lacks jurisdiction, the court has no authority to reach merits, but rather should dismiss the action." Melo
v. U.S. 505 F 2d 1026.
10. "There is no discretion to ignore lack of jurisdiction." Joyce v. U.S. 474 2D 215.
11. "The burden shifts to the court [or charging entity] to prove jurisdiction. " Rosemond v. Lambert,
469 F 2d 416.
12. "Court [or charging entity] must prove on the record, all jurisdiction facts related to the jurisdiction
asserted." Latana v. Hopper, 102 F. 2d 188; Chicago v. New York 37 F Supp. 150.
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13. "The law provides that once State and Federal Jurisdiction has been challenged, it must be proven
[by the charging entity]." 100 S. Ct. 2502 (1980).
14. "Jurisdiction can be challenged at any time." Basso v. Utah Power & Light Co. 495 F 2d 906, 910.
15. "Defense of lack of jurisdiction over the subject matter may be raised at any time, even on appeal."
Hill Top Developers v. Holiday Pines Service Corp. 478 So. 2d. 368 (Fla 2nd DCA 1985).
16. "Thus, where a judicial tribunal has no jurisdiction of the subject matter on which it assumes to act,
its proceedings are absolutely void in the fullest sense of the term." Dillon v. Dillon, 187 P 27.
17. "Once challenged, jurisdiction cannot be assumed, it must be proved to exist." Stuck v. Medical
Examiners 94 Ca 2d 751. 211 P2d 389. 18. "Jurisdiction, once challenged, cannot be assumed and must
be decided." Maine v Thiboutot 100 S. Ct. 250.
19. "The law requires proof of jurisdiction to appear on the record of the administrative agency and all
administrative proceedings." Hagans v Lavine 415 U. S. 533. 20. A judgment obtained without
jurisdiction over the defendant is void. Overby v. Overby , 457 S.W.2d 851 (Tenn. 1970). Volume
20: Corpus Juris Sec. § 1785.
21. Challenge to court's jurisdiction is raised by motion to dismiss, Criterion Co. v. State, 458 So. 2d.
22 (Fla 1st DCA 1984.22. Since jurisdiction is fundamental, and it is jurisdiction alone that gives a
court power to hear, determine, and pronounce judgment on the issues before it, jurisdiction must be
continuing in the court throughout the proceedings [meaning at the time charges were lodged], Re.
Cavitt, 254 P.599
23. Since jurisdiction is fundamental to any valid judicial proceeding, the first question that must be
determined by a trial court in any case is that of jurisdiction [of he charging entity], Dillon v. Dillon,
187 P,27.
24. "A universal principle as old as the law is that a proceedings of a court [or the charging entity]
without jurisdiction are a nullity and its judgment therein without effect either on person or property."
Norwood v. Renfield, 34 C 329; Ex parte Giambonini, 49 P. 732. 25. "Jurisdiction is fundamental and a
judgment rendered by a court that does not have jurisdiction to hear [due to lack of jurisdiction of
charging entity] is void ab initio." In Re Application of Wyatt, 300 P. 132; Re Cavitt, 118 P2d 846.
26. "A court has no jurisdiction to determine its own jurisdiction, for a basic issue in any case before a
tribunal is its power to act, and a court must have the authority to decide that question in the first
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instance." Rescue Army v. Municipal Court of Los Angeles, 171 P2d 8; 331 US 549, 91 L. ed. 1666, 67
S.Ct. 1409.
27. "A departure by a court from those recognized and established requirements of law, however close
apparent adherence to mere form in method of procedure, which has the effect of depriving one of a
constitutional right, is an excess of jurisdiction." Wuest v. Wuest, 127 P2d 93 4, 937.
28. "Where a court failed to observe safeguards, it amounts to denial of due process of law, court is
deprived of juris." Merritt v. Hunter, C.A. Kansas 170 F2d 739.
29. "The fact that the petitioner was released on a promise to appear before a magistrate for an
arraignment, that fact is circumstance to be considered in determining whether in first instance there
was a probable cause for the arrest." Monroe v. Papa, DC, Ill. 1963, 221 F Supp 685.
30. A motion to set aside a judgment as void for lack of jurisdiction is not subject to the time
limitations of Rule 60(b). See Garcia v. Garcia, 712 P.2d 288 (Utah 1986).
31. A judgment is void, and therefore subject to relief under Rule 60(b)(4), only if the court that
rendered judgment lacked jurisdiction or in circumstances in which the court's action amounts to a
plain usurpation of power constituting a violation of due process. United States v. Boch Oldsmobile,
Inc., 909 F.2d 657, 661 (1st Cir. 1990)
32. Where Rule 60(b)(4) is properly invoked on the basis that the underlying judgment is void, "'relief
is not a discretionary matter; it is mandatory.'" Orner v. Shalala, 30 F.3d 1307, 1310 (10th Cir. 1994)
(quoting V.T.A., Inc. v. Airco, Inc., 597 F.2d 220, 224 n.8 (10th Cir. 1979)).
33. In order for a judgment to be void, there must be some jurisdictional defect in the court's authority
to enter the judgment, either because the court lacks personal jurisdiction or because it lacks
jurisdiction over the subject matter of the suit. Puphal v. Puphal, 105 Idaho 302, 306, 669 P.2d 191, 195
(1983); Dragotoiu, 133 Idaho at 647, 991 P.2d at 379.
34. A void judgment is one that has been procured by extrinsic or collateral fraud or entered by a court
that did not have jurisdiction over the subject matter or the parties. Rook v. Rook, 233 Va. 92, 95, 353
S.E.2d 756, 758 (1987)
35. "Though not specifically alleged, defendant's challenge to subject matter jurisdiction implicitly
raised claim that default judgment against him was void and relief should be granted under FRCP Rule
60(b)(4)." Honneus v. Donovan, Page 6 of 993 F.R.D. 433, 436-37 (1982), aff'd, 691 F.2d 1 (1st Cir.
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1982).
36. "A judgment is void if the court acted in a manner inconsistent with due process. A void judgment
is a nullity and may be vacated at any time." 261 Kan. at 862.
37. Although Rule 60(b)(4) is ostensibly subject to the "reasonable" time limit of Rule 60(b), at least
one court has held that no time limit applies to a motion under the Rule 60(b)(4) because a void
judgment can never acquire validity through laches. See Crosby v. Bradstreet Co., 312 F.2d 483 (2nd
Cir.) cert. denied, 373 U.S. 911, 83 S.Ct. 1300, 10 L.Ed.2d 412 (1963) where the court vacated a
judgment as void 30 years after entry. See also Marquette Corp. v. Priester, 234 F.Supp. 799
(E.D.S.C.1964) where the court expressly held that FRCP Rule 60(b)(4) carries no real time limit.
38. Jurisdiction is power to declare the law, and when it ceases to exist, the only function remaining to
the court is that of announcing the fact and dismissing the cause." Ex parte McCardle, 7 Wall. 506, 514
(1869). "On every writ of error or appeal, the first and fundamental question is that of jurisdiction, first,
of this court, and then of the court from which the record comes. This question the court is bound to ask
and answer for itself, even when not otherwise suggested, and without respect to the relation of the
parties to it." Great Southern Fire Proof Hotel Co. v. Jones, supra, at 453. The requirement that
jurisdiction be established as a threshold matter "spring[s] from the nature and limits of the judicial
power of the United States" and is "inflexible and without exception." Mansfield, C. & L. M. R. Co. v.
Swan, 111 U. S. 379, 382 (1884).Cited in Steel Co. v. Citizens for Better Environment, 523 US 83 -
Supreme Court 1998.
39. "Statements of counsel in brief or in argument are not sufficient for motion to dismiss or for
summary judgment," Trinsey v. Pagliaro, D. C. Pa. 1964, 229 F. Supp. 647.
40. "An attorney for the plaintiff cannot admit evidence into the court. He is either an attorney or a
witness". (Trinsey v. Pagliaro D. C. Pa. 1964, 229 F. Supp. 647).
41. “Factual statements or documents appearing only in briefs shall not be deemed to be a part of the
record in the case, unless specifically permitted by the Court" - Oklahoma Court Rules and Procedure,
Federal local rule 7.1(h).
42, "Manifestly, [such statements] cannot be properly considered by us in the disposition of [a] case."
United States v. Lovasco (06/09/77) 431 U.S. 783, 97 S. Ct. 2044, 52 L. Ed. 2d 752,
43. “Under no possible view, however, of the findings we are considering can they be held to constitute
a compliance with the statute, since they merely embody conflicting statements of counsel concerning
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the facts as they suppose them to be and their appreciation of the law which they deem applicable, there
being, therefore, no attempt whatever to state the ultimate facts by a consideration of which we would
be able to conclude whether or not the judgment was warranted." Gonzales v. Buist. (04/01/12) 224
U.S. 126, 56 L. Ed. 693, 32 S. Ct.
44, "No instruction was asked, but, as we have said, the judge told the jury that they were to regard
only the evidence admitted by him, not statements of counsel", Holt v. United States, (10/31/10) 218
U.S. 245, 54 L. Ed. 1021, 31 S. Ct. 2, "The prosecutor is not a witness; and he should not be permitted
to add to the record either by subtle or gross improprieties. Those who have experienced the full thrust
of the power of government when leveled against them know that the only protection the citizen has is
in the requirement for a fair trial." Donnelly v. Dechristoforo, 1974.SCT.41709 ¶ 56; 416 U.S. 637
(1974) Mr. Justice Douglas, dissenting.
45. "Care has been taken, however, in summoning witnesses to testify, to call no man whose character
or whose word could be successfully impeached by any methods known to the law. And it is
remarkable, we submit, that in a case of this magnitude, with every means and resource at their
command, the complainants, after years of effort and search in near and in the most remote paths, and
in every collateral by-way, now rest the charges of conspiracy and of gullibility against these witnesses,
only upon the bare statements of counsel. The lives of all the witnesses are clean, their characters for
truth and veracity un-assailed, and the evidence of any attempt to influence the memory or the
impressions of any man called, cannot be successfully pointed out in this record." Telephone Cases.
Dolbear v. American Bell Telephone Company, Molecular Telephone Company v. American Bell
Telephone Company. American Bell Telephone Company v.. Molecular Telephone Company, Clay
Commercial Telephone Company v. American Bell Telephone Company, People's Telephone Company
v. American Bell Telephone Company, Overland Telephone Company v. American Bell Telephone
Company,. (PART TWO OF THREE) (03/19/88) 126 U.S. 1, 31 L. Ed. 863, 8 S. Ct. 778.
Proceeding at all times under Threat, Duress and Coercion
____________________________
Carol Murphy Dated: May ___, 2015
c/o 248 Lane Road New Sharon, Maine
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Hi Group Special Member, 1. Please read my disclaimer here as you are bound by it. 2. Please understand that there is no Paytri-Idiot content as that crap is irrelevant and does not work and will cause the letters to fail. 3. There is only ONE issue, the Thirteenth Amendment's prohibition of involuntary servitude, When did you volunteer? That is he ONE and ONLY single issue, they have to prove it - NOT YOU!!! Keep the burden of proof on THEM!!! 4. You may have to copy and paste these letters into your word processor and adjust the format. Please understand that I am very busy, I am Eric Williams, The Radical In The Twilight Zone
5. Here is my disclaimer that you must agree to before using my IRS letters of my Notice and Demand: 6. By my acceptance of these three generic letters, I thereby proclaim under penalty of perjury, under the laws of he United States, that I am not an agent of the United States government or any sub agency thereof, including (but not limited to), the IRS, FBI, DHS, DEA or any other government agency of any manner or description, for any purpose what-so-ever. 7. Additionally, I likewise agree and stipulate, that any information provided to me by Eric Williams, is for information purposes only, and do not constitute and are not considered by me to be any manner or form of legal advice, no matter what might be written or how it might be presented by Eric Williams. 8. That if I choose to use any of the information presented by Eric Williams, I do so on my own responsibility, and not
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on any responsibility of Eric Williams. 9. Additionally, Eric Williams has not charged me any fee for this information, nor have I paid or offered to pay any fee or any other manner of remuneration to Eric Williams.I acknowledge that the information created by Eric 10. Williams is owned by him under common law copy right and is not subject to any manner of editing or modification what-so-ever, other than obvious editing of name, gender, state, address, state abandoned property statute, number of page reference, reference to date of mailing or other dates, or reference to IRS publication as reasonably appropriate.
11. No Pay-Tri-Idiot text or word changes permitted other than deletions of inapplicable information.
Instructions for editing Generic Notice and Demand: 1. You may edit the font and type size and first page format to suit local style, but NOT to insert any manner of Paytri-Idiocy 2. This N&D has been double spaced to conform to what most courts want to see. Certain parts of the text are not double spaced because that is common practice for case cites and other similar items. 3. If you change the font or eliminate bold type, such change will cause the paging to change so then you will need to go through and check for the hash mark slashes /// that you will see at the bottom of some pages. After font changes you may find hash marks /// up on the pages, if so, then delete those hash marks ///. 4. The “rule” for formatting paragraphs is that there should never be just one line of a paragraph at the bottom
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of a page. If the font change or other formatting changes cause one line of a paragraph at the bottom of a page, then push that one line down to the next page and enter, probably, two lines of hash mark slashes /// . Never put more than three hash mark slashes on one line and never put more than three lines of hash marks on one page. 5. If there is a centered heading at the bottom of a page with one line or less of text under it, then push that centered heading down to the next page and enter three lines of three hash mark slashes at the bottom of the page it was pushed down from. 6. Be sure all pages are numbered at the bottom center of each page. 7. Be sure all intermediate text headings are centered. 8. Be sure to do a search and replace of the name of the state and the name entered on the generic N&D, to replace them with the name of your state and your name. Do NOT enter the word “the” in front of the state name, STATE OF ARKANSAS. 9. When you enter your name enter it the regular way, with no Paytri-Idiot format, and with no punctuation after your first or middle name. None of that has any validity. 10. In order to understand what the truth is about all this Patrri-Idiocy you might need to read United States Supreme Court cite 46 on Exhibit “A”. 11. Together with the lengthy explanation of the truth about how the name is used by the state, as I have explained it in IRS letter #2, beginning at about paragraph #25. 12. This explanation dove tails in with the United States Supreme Court writing in the case cite in paragraph 46 of
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Exhibit “A”, and the Federal Thirteenth Amendment. 13. None of the all caps name info of the Paytri-Idiots has any validity what-so-ever! And neither does the entry of ZIP codes on your mail or address, and neither are birth certificates bundled and sold and when filed do not assign ownership of the child to the state and the gold fringe on a flag has no affect on your political status! And neither does the fact that all associations of human beings, including PTA meetings, are “corporate”. “Corporate” is a word that is greatly misunderstood. 14. Every meeting of Tea Party groups is “corporate”. “Corporate” simply describes the association of humans for a common purpose. Some of these associations are for profit corporations, but many are not. Every municipality in this country is a corporate entity. That does not cause them to be evil and does not mean they have a distribution of tax payer money to some owner group! This is all stupid non-think of Paytri-Idiots!!! 15. I am 81 years old. I have been in this Freedom Movement since 1964. I do not have time to explain all the underlying nonsense so prevalent among the Paytri-Idiot clan. That has taken me years to sort out. 16. My IRS letters and N&D have never failed to rid those who properly use them, of government interference in their lives. 17. Too many Group Members have taken my work and changed it, or gone to court after serving my N&D, or filed motions after serving my N&D, enabling the court to ignore the N&D or dismiss it as a motion. 18. You need to carefully read paragraph 21 of my N&D and edit it appropriately to properly refer to the police or other entity as needed. 19. Check paragraph 9 for the word “himself”. If you are
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not a “him” edit that as appropriate, likewise paragraph 29 for the word “he”.
20. Also, read the instructions I entered above paragraph 29. There are two paragraphs 29. One addresses the issue of returning of bail money, if appropriate. If you have not posted bail then you need to delete that version of 29. If you did post bail then you need to delete the short version of 29. In both cases you delete the instruction paragraph I put there, and then check the subsequent pages for any format adjustments that might have been affected by the deletions relative to paragraph 29.
What are the Hazards of Using Notice and Demand?
1. To immediately put your mind at ease, the way we are using the N&D Utility, here, in this Challenge to The Political Jurisdiction of State Governments, and using the same basis in the same Challenge to the Federal Government in these Letters to the IRS Letters, there are no hazards other than those addressed in the explanatory documents I have provided, caused by inappropriate Paytri-Idiot editing.
2. The Foundation of my N&D and my IRS letters is Natural Law, but NOT based on Paytri-Idiot Imaginations and wishful thinking. My Basis is the Federal Thirteenth Amendment, powerfully supported by the United State Supreme Court’s writings in the 1795 Case Citation included in Exhibit “A”, as item # 46, set forth herein down on page 8 hereof.
3. The reason I am addressing this issue is because “Notice and Demand”, the words, have been
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wrongly or erroneously used many times for different purposes, by persons in the Paytri-Idiot community.
4. To the best of my knowledge none of these prior Paytri-Idiot applications of N&Ds have been successful. Some have even caused those who used them some very serious legal problems. These were instances where the N&D was used to demand money based on some ill-founded Paytri-Idiot nonsensical scheme.5. The reason my application is so effective is because it is so simple, it requires very little study to learn, and it is all based on simple common sense, backed up by the Federal Thirteenth Amendment and at least 46 appellate court case citations, the most significant being my newly discovered SCOTUS writing in 1795, included as Case Citation #46 in my Exhibit “A” to my Notice and Demand.
6. Understanding how things work, not just legal things, but everything, requires us humans to use what we call “words”. These words are sounds we have made up to refer to about every item and manner of situation of interest to us. We put these words together in strings called “sentences”.
7. Many of the words we use have many different meanings depending on the other words they are combined with; some words even have an opposite meaning. Sometimes it is actually impossible to determine what a certain word actually means in some written applications.
8. My best example of this is the word “sanction”. Sanction can mean approval or punishment, and oftentimes the meaning can only be
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determined by the tone of voice, facial expression and body language of the speaking person. How can it be possible to determine the “tone of voice”, facial expression or body language when those words are written on paper?//////9. My point here is that the words, “Notice and Demand”, and “challenge to jurisdiction” have been wrongly used so often by those in the Freedom Movement, with very negative results, that many persons are immediately dissuaded from using my N&D simply because it is designated as being a “Notice and Demand”.
10. The courts in this country are well schooled on the false arguments offered by “Sovereign Citizens”, “Free Men on The Land”, “State Citizens”, and those coming into court and immediately arguing the issue of who they are and their name being written in all capital letters in the documents filed with the court by the prosecutor. And the often used totally erroneous argument that because there was no victim, there could be no crime.
11. Not to overlook the unfounded silly argument that because the governments are corporate they are unconstitutional and that the dejure Organic Constitution has been replaced (which it has NOT).
12. All of these arguments and many more, are totally, one-hundred percent frivolous! And do nothing other than insuring that the “defendant” is going to be convicted by “a corrupt court that is in violation of the Constitution”, when in fact, those courts are following the CONstitution.
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13. Those courts are adhering to Article One Section Ten, which prohibits any laws from being made that would impair the obligation of contracts, and the courts are also properly applying the Federal Fourteenth Amendment to those defendants the Courts perceives and assume are citizens of the United States, because they have volunteered themselves to be, not because of their birth in the United States or because of anything in the Fourteenth Amendment. Please pay very careful attention to the wording of the Thirteenth Amendment and the SCOTUS writing in the 1795 case presented as item 46 in Exhibit “A” to my N&D.
14. I could go on writing here for many pages explaining how all the Paytri-Idiocy is fallacious and counter productive, however I have more and better things to do.
15. As a response to my messages that I was pulling my N&D and IRS letters from my open access Yahoo Group, a message was posted on that Group by Bob Hurt, one of the most egregious of the Paytri-Idiot “Leaders”. In his rather lengthy post Bob, in advising me to mend my ways, included this:
“If you want to promote something [Eric], promote this:
“1. MEMORIZE the Federal Rules of Evidence and your states differences - this is the most important thing to know about litigation.”
16. My comment, the most important thing to know about litigation is how to avoid it while maintaining your Freedom, which we easily accomplish by serving
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my N&D and using my IRS letters; but back to Bob Hurt’s “well thought out” gibberish:
Bob Hurt Continues:
“2. Memorize, or learn well, the Federal Rules of Civil Procedure, and the State counterpart.
“3. Study litigation practice - nature of the courts, difference between common and statutory law and regulations, how to write a complaint, answers, motions, petitions, judicial notices, notices of discovery, petitions (especially for great writs), motions for sanctions, motions to compel, motions to vacate void judgments, objections, motions to dismiss, motions to strike, motions in limine (to suppress evidence), etc., how to communicate in and out of court with attorneys, judges, opponents, how to examine and cross examine witnesses, how to depose witnesses, how to ask for hearings on motions, how to disqualify judges, how to file interlocutory and other appeals.”
17. Gee, Members, I think I have accomplished everything Bob Hurt recommends in his lengthy presentation and all we have to do to accomplish the same outcome, without all that legal mumbo-jumbo, is serve my Notice and Demand on the State and on the Court, or mail its letter version to the IRS. Thank you Bob Hurt!!!
18. The sorry problem is that we often have considerable difficulty understanding that the failures caused by the erroneous misuse of words can put us off of using something very good, such as my N&D.
19. I found it difficult to merely read Bob Hurt’s long
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recommendation that we spend all that time and effort doing all that totally un-necessary legal study and memorization, that Bob Hurt recommends and offers, while asking for a monetary “donation”.
20. Why should we do any of that when we can avoid going to court by simply editing my Generic N&D appropriately, to change the state, the name of the court and/or county, the case number and the name of the Wrongly accused and one or two other minor changes that are explained in the document. And then serve the N&D and Exhibit “A” on the State prosecutor (or other appropriate opposition), and likewise SERVING the Court, causing the Court to be an inactive agent of the Plaintiff. The plaintiff being the entire Government of the STATE, which includes its courts.
21. The reason I decided to include the Court as an inactive Party to the action is because of what I mentioned herein above, being that the courts and the system in general, address the issue of jurisdiction so often that it has become ingrained in the minds of the judges and prosecutors, and virtually all attorneys, that the mere use of the word “jurisdiction”, or “challenge the jurisdiction” causes a synaptic presumption in the minds of all those who spend all their working days in the courts; whereupon they automatically presume, when they see or hear the words, “challenge the jurisdiction” to be a reference to a challenge of the court’s jurisdiction. Which is NOT the case in my N&D!
22. This is true even when the context presented includes the word “political”, because the word “political”, is not a word commonly annexed to a
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challenge of jurisdiction, because there is truly, nothing political about the judiciary, in so far as it relates to trying cases brought before it.
23. So, in order to bring it forcefully before the mind of the judge of the court that their judicial authority has been placed on hold, I determined that SERVING the Court as an “inactive and non-participating party” to this jurisdictional challenge, to the political jurisdiction of the STATE, would be a good and legitimate way to accomplish this need.
24. I contend that this will cause the court clerk, who is to be orally informed by you that the court is being SERVED as a party to the Notice and Demand, to quickly bring the serving of this N&D to the attention of the judge, and will cause the judge to pay some significant attention to what is stated in the N&D and Exhibit “A”, especially Case Citation 46.
25. Citation 46 is very powerful! I can hear the opposing argument, that this cite is two hundred and twenty years old, and cannot possibly be relevant to us here in 2015.
26. This might very well be true in some areas of our system of government, but before anyone throws out the baby with the bath water they would be well advised to take a closer look at the baby.
27. There are some things that will never change, no matter how many eons of time have elapsed.
28. One of those never changing principles is set forth in the SCOTUS writing in that 1795 citation, and it is reiterated in the Thirteenth Amendment, as part of the Federal Constitution.
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29. So that it will be clear, here it is for your immediate and ready consideration; where is there any part of this writing that is out of date?:
Government Is Foreclosed fromParity with Real People.
Supreme Court of the United States 1795
(Exhibit “A” Case cite 46) "Inasmuch as every government is an artificial person, an abstraction, and a creature of the mind only, a government can interface only with other artificial persons. The imaginary, having neither actuality nor substance, is foreclosed from creating and attaining parity with the tangible. The legal manifestation of this is that no government, as well as any law, agency, aspect, court, etc. can concern itself with anything other than corporate, artificial persons and the contracts between them." S.C.R. 1795, Penhallow v. Doane's Administraters (3 U.S. 54; 1 L.Ed. 57; 3 Dall. 54), Supreme Court of the United States 1795.
30. Does not the Federal Thirteenth Amendment dove tail succinctly with the SCOTUS citation above?
31. And does not the Federal Thirteenth Amendment incorporate that SCOTUS reasoning solidly into the Federal CONstitution?:
“Neither slavery nor involuntary servitude, except as a punishment for crime, whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.”
32. And is not true that our argument that the purpose of all of the Fifty Several States requiring a driver license applicant to present a birth certificate before any State can have standing to require or to
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issue a driver license to a human being, is supported by both the SCOTUS citation above, and the Federal Thirteenth Amendment?
33. Due to the recognition of Natural Law in the two references herein above; it is clearly established that the State, as an artificial entity, is never ever going to be able to achieve standing to require or to even issue a driver license directly to a willing human applicant.
34. Due to its artificial NATURE, the State is always going to have limited standing, to issue driver licenses only to a contract franchisee of the state. Such person being a human being who has been fraudulently indoctrinated by the state to proceed, to act unknowingly and unwittingly as an “artificial person”, as mentioned by SCOTUS in Case Citation 46, presented herein above. Where the person, having been deceitfully manipulated into servitude in the government’s indoctrination centers, known as public schools has been fraudulently indoctrinated to believe he was born into United States citizenship and that he is REQUIRED to present “his” birth certificate in order to be issued a driver license so he can drive his own motor vehicle.
35. Please take note as to how flagrantly I intentionally and knowingly use all those words abhorred by the Paytri-Idiots!
36. So how much studying is anyone required to do in order to successfully benefit from their use of my very simple Notice and Demand, styled on Basic Fundamental Natural Principles recognized by SCOTUS and embodied into the Federal CONstitution in its Thirteenth Amendment?
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37. Well it would be a good idea for you to understand that when someone makes a DEMAND, such action implies and must be based on an unquestionably solid foundation. This N&D’s fundamental foundation is NOT in that SCOTUS Citation or in the Federal Thirteenth Amendment. NO!
38. First, what is the reasonable basis of SCOTUS and the Federal Thirteenth Amendment? They are both founded on the solid concrete bedrock of Natural Law!
39. Why else would SCOTUS write what it did in Citation 46? What would be the likelihood that SCOTUS would write something like that in 2015? And why would the CONgress and the States ratify the Thirteenth Amendment if there was any reasonable argument that could be brought against it?
40. Why? Because no single individual has any Naturally imbued authority to command the subservience of any other individual. This is self evident. No matter the circumstances conjured up by any humans, there has never ever been a single human being that was properly born into slavery. This is nothing but a recognition of Natural Law. Any claim or assertion otherwise is nothing but a self-serving delusion of the criminal minds of those who desire to control others.
41. When you properly understand the literal truth that you were born politically free, and that the governments (plural) of the United States have criminally indoctrinated the entire population of this country into believing the lie that they were born into
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citizenship and when you get that straight in your head, and when you are actually able to overcome the criminal indoctrination that you were and are continuing to be subjected to, into total subservience, then you will KNOW that there is no need to waste your life studying and memorizing all that legal crap Bob Hurt, and his ilk, promote, and ask you to donate money to him for his teaching of his nonsensical crap!
42. There is no doubt in my mind that what I present is worth a lot of money, but my Freedom is far more important to me that any amount of money.
43. I cannot be free unless you are free. The only way we can become truly free is to understand what Freedom is, and to understand, that True Freedom has never ever existed anywhere when a formal government has been established; supported by the levying of taxes.
44. We do truly need a strong government but when it is financially supported by the government’s gun, then how can we claim to be free?
45. We need to change the Federal Reserve to a Central Bank owned by the People of the United States, with all levels of our government funded by all the interest collected on loans to private sector borrowers.
46. Control of the People’s Central Bank must be taken away from CONgress; and the ability of CONgress to borrow money on the credit of the United States must be removed from the CONstitution!
47. I have devised a detailed plan for the operation of the People’s Central Bank that I have otherwise
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presented so it is not necessary to do so here, but there is a definite connection because virtually all of the micro-management of our lives has been prompted by the governments’ need for money to fund that which government has no proper authority to be involved in.
48. Our implementation of these Notices, Demanding that government conform to Natural Law as set forth by SCOTUS in Case Citation 46, and in the Thirteenth Amendment to the Federal Constitution, will have a profound effect on our ability to gain control over our government.
49. When you truly understand the strength of the content of this N&D, and my IRS letters, based on the exact same Natural Foundation, you will promote them to everyone you know, and we will put the government back where it belongs, under our control, operating on money which we freely provide through interest paid on mortgages, business loans and credit cards.
50. In closing, please be advised, there is nothing inherently evil in Factional Reserve Lending, and when properly understood, interest on borrowed money is no different than the profit a baker adds to the bread he sells.
51. In TRUTH, our monetary problems are caused by CONgress’s misuse of the Fed, intentionally enabled in the CONstitution by the Founding Fathers. Pay attention to the words in the CONstitution, not to those words written outside of it by a bunch of used car salesmen!
Cheers,
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I am Eric Williams, The Radical In The Twilight
Modified Additional Comments on the implementation of my
Notice And Demand
Hi Group,
1. This is a modification to my previous Additional Comments
posted on my public access Yahoo WhoRU Group, regarding the
implementation of my Notice and Demand challenging the
Executive Branch to present its proof that it has properly gained
any manner of jurisdiction over the Wrongly Accused.
2. Please read this very carefully as I have made many
explanatory changes. Most significantly in including the Court as
an “inactive” party to the litigation. Equally significant is the
addition of and references in the N&D of the very relevant case
citations now included in Exhibit “A”, in items 39-46 thereof, most
especially #46!
CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 24 of 85
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3. For those of you emailing me requesting access to Exhibit “A”
with the 46 appellate court cases: Due to technical difficulties
seemingly inherent in Yahoo’s programming, Exhibit “A” is now
posted on my PAWHORU Yahoo Group in the files folder, not in
the conversations folder.
4. I received a question asking, " by what authority do they
associate a person with the names they use?" I have explained
the name game in some detail herein further below but to directly
respond to this question, the names commonly used by everyone
is a name they acknowledge was derived from a birth certificate.
Everyone nonthinkingly assumes this name is their property, if
they bother to think of it at all. If they were to actually think
about it, they would come to understand that such name cannot
possibly legally or lawfully belong to them because they had
absolutely nothing to do with the creation of the name or its
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application to them or its entry on a birth certificate or the filing
of the BC with the government.
5. As all those names were, most likely, conjured up by the
THE NAME GAME
Page 1 of 1
parents of the person using that name as their personal identifier,
it is self-evident that the parents (or whomever), would have had
(past tense), first claim of ownership of those names, if the
parents (or whomever), had entered any claim of such ownership
on the birth certificates or used some other manner of entering
such ownership claim.
6. However, I am not aware of even one instance where any
parent (or whomever), entered any manner of claim of ownership
of any of those names.
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7. It is self-evident and generally recognized that names are
property capable of being owned and that names have the
potential of becoming very valuable. It is also well known that
whomever came up with the name caused those names to be
entered on birth certificates which are recorded with the state.
Again, such person would have had (past tense), priority position
to claim ownership of the name.
8. As names are recognized as being property, it is self-evident
that names will be owned by some entity. Every state has
enacted statutes for the state's disposition of abandoned
property. If the creator of the name (please take care to notice
that the information entered on a birth certificate does NOT
indicate who came up with the name entered thereon. It may be
implied and presumed, but it is NOT clearly set forth), does not
make himself known, then the state, “quite reasonably”,
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determines that the names are abandoned property, where it is
“reasonable” that the ownership thereof will be assumed by the
state, for the benefit of everyone in the state. (Fines assessed
for traffic violations paid by users of state owned names go to
help the state provide benefits to everyone - everyone then
benefits from the individual's franchised use of state owned
property, the name).
///
///
///
THE BEGINNING OF THE
BIRTH CERTIFICATE
Page 2 of 1
DRIVER LICENSE
TRUE LEGAL NAME
ENSLAVEMENT SCAM
9. When a person presents a birth certificate to be issued a
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driver license, the state presumes the DL applicant is aware that
the state does not have standing to issue or require anyone to
have a driver license unless and until the applicant has entered
himself into a subservient contractual relationship to the state.
(Were you not educated in the public schools in regard to the
prohibition of involuntary servitude recognized and established in
the Federal Thirteenth Amendment? Were you sleeping in class
when the government paid "teacher" explained this in detail? Or
did your teachers "forget" to teach this to you? IF any of them
were themselves aware of it)
10. So then, the state presumes the DL applicant is intending to
apply to the state requesting the state to issue a franchise license
to the applicant to enable the state owned name on the birth
certificate presented, to be used by the applicant as the
applicant's "True Legal Name"'.
11. Once this franchise license "ceremony" has been completed
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the state then has standing to require the new franchisee to
conform to all rules established by the state for any activity the
new franchisee engages in under the auspices of that state owned
name.
12. The authority of the state to associate anyone with the name
is accomplished by the "voluntary" application of the applicant to
be issued a franchise license to use that state owned name as the
applicant's "True Legal Name". And such authority is further
established, CONstitutionally, in the Federal Fourteenth
Amendment, in the words: “subject to the jurisdiction thereof”.
13. However, under Arkansas' abandoned property statute, any
abandoned property can be reclaimed by the original owner, or
such owner's heirs, anytime, with no time limit. Check the
abandoned property statute of your state to determine this
possibility in the state where you live.
Page 3 of 1
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14. I have established the validity of the foregoing line of state
ownership of names through Admit or Deny documents served on
the Arkansas State Governor, the state Attorney General, a state
senator and a state representative. More information in regard to
the Admit or Deny that I had served on Arkansas Governor Mike
Beebe is included herein below, and has been posted by me on
my public access Yahoo Group as message #377. Please read
on:
THE NOTICE & DEMAND NEUTRALIZES
ANY PROMISE TO APPEAR
15. I received another email pointing out to me that when issued
a traffic citation the cited person signs a promise to appear in
court, and if he does not appear an arrest warrant will be issued,
What should the person do?
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16. Please folks, what I have presented in my Notice and
Demand, and explained in this instant essay, addresses every
possible condition where the charged Wrongly Accused is either
alone or with someone.
17. Additionally, in the new version of my N&D (posted
concurrently with this item), I have specifically addressed this
citation created promise to appear issue.
18. In any event, the information on the N&D negates any
promise entered on any citation because, under the 46 appellate
court case citations annexed thereto as Exhibit “A”, it is clearly
establish that neither the state or court have authority to proceed
in any manner against the Wrongly Accused unless and until the
charging entity restores or establishes its jurisdictional authority
by presenting the required proof of jurisdiction in writing, on the
record, with an assertion that the purported proof will be testified
to in court by a living breathing eye witness. See case citations
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#39-45 in Exhibit “A”!
WHAT TO DO IF ARRESTED
AFTER SERVING MY N&D
19. It is quite common for traffic court judges to order arrest
warrants issued, to save face in open court, but then not actually
Page 4 of 1
issue them, because they know the State cannot overcome the
Demand presented in the N&D. If an arrest warrant is issued,
and you are arrested, if you stand your ground on the N&D you
had served on BOTH the State and the Court, they will have to
release you. But you must not in any manner cave, or you will
lose! Please read my essay on how to proceed if arrested after
serving my N&D.
20. In regard to my Notice & Demand, previously posted on my
old WHORU Yahoo Group, please disregard that version and any
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previous versions that may still be posted on my Group and use
only the NEW version posted concurrently with this new revised
Additional Comments presented here below:
21. First, everyone who has been served with any manner of
summons advising them that a court action has been filed against
them, could and should serve the Prosecutor (or private party
plaintiff), and ALSO SERVE UPON the Court, a Notice Demanding
the charging entity (no matter who the charging entity might be),
to present its proof that the charged individual has voluntarily
agreed to be subject to the jurisdiction of the State, AND, that
the charging entity will present a living, breathing eyewitness to
personally testify in court, under oath, that such witness
personally observed the Wrongly Accused being officially advised
by a State Official, that the Wrongly Accused had the option to
choose to opt out of whatever “ceremony” was being considered
and this witness will further testify that the Wrongly Accused was
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informed by the State Official that the Wrongly Accused had a
Naturally acquired right to live in this society without volunteering
into a subservient relationship to the state, including (but not
limited to), the Wrongly Accused’s right to drive any manner of
vehicle without having possession of a driver license, and that
this Wrongly Accused choose to enter himself voluntarily into a
subservient relationship to the State!!! Please see Case Citations
# 39 - 45 of Exhibit “A”.
22. This is appropriate even if the State is not the charging
entity, as all litigation proceeds under the authority of the state.
However that is true only IF it can be properly proved that the
Page 5 of 1
state has properly established some manner of jurisdiction over
the Wrongly Accused, acquired, in full conformance with the
Federal Thirteenth Amendment and Case Citation #46, which is
highly doubtful. Actually, impossible!
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THIS IS A NOTICE
A MOTION
23. Next, this is a NOTICE NOT a motion. A motion is a request
that the court grant a favor to the party filing the motion. The
filing of a motion constitutes an automatic acknowledgment that
the court has jurisdiction over the accused person filing any
motion, even a motion challenging jurisdiction.
24. You do NOT file a motion. You SERVE the charging entity
and you ALSO SERVE the court, a NOTICE, DEMANDING the state
prove it has more sovereignty than you do. And, you do NOT
include what you just read in the N&D!!!
25. This SERVING on the Court is a new ploy, initiated for the
very first time here in this N&D, its Exhibit “A”, and Certificate of
Service.
THE FALLACY OF SPECIAL APPEARANCE
26. Next, there are those who think that if they make a "Special
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Appearance" that they are protected. In order for a Special
Appearance to be accorded the person purporting to make the
Special Appearance is presumed to recognize the court's authority
to allow such appearance and that the court is willing to listen to
the arguments, and, for the court to then make a determination
as to the validity of the claims presented.
///
///
27. This is clearly a recognition of the jurisdiction of the State
over the person, with the State acting through the court. Using
this ploy will most certainly negate any Notice and Demand
previously served. NOT a good idea!
28. I know there are rules that establish that when the purpose
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of the Special Appearance is to challenge jurisdiction, that such
appearance does not constitute a recognition of jurisdiction.
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However, that rule is in regard to a challenge of the jurisdiction of
the court, not relevant to our challenge to the political jurisdiction
of the STATE!
29. Additionally, those making the Special Appearance will have
had to have filed a motion, and they will be required to state their
True Legal Name, for the record. As I wrote above, this is NOT a
good idea! It is known as, “Shooting yourself in the foot”.
30. As explained by SCOTUS in Exhibit “A”, paragraph 46, and as
Constitutionally established in the Federal Thirteenth
Amendment, the court, as an entity of the state, can only
converse and interact with those who are operating as an artificial
entity, under a “True Legal Name” franchise owned by the state,
so how can there possibly be any such thing as a "special
appearance" by a real live flesh and blood human not presumed
to be "appearing" under a True Legal Name?
31. Additionally, still on the issue of “Special Appearance”, why
would there be any need to make any manner of personal
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presentation of yourself to an entity that has absolutely no
manner or degree of authority over you? As a politically
sovereign individual do you need to plead with the court? To
grant you W-H-A-T???
THE COURT MUST BE INFORMED
OF HAVING NO STANDING
32. Next, when this Notice is served on the Charging Entity AND
SERVED on the Court (not merely filed with the court), those on
the receiving end (most especially the Court), are immediately
informed - NOTIFIED!! By the word "Notice", that they
(especially the Court), are not being requested to consider or
make a determination.
33. They are being presented with a Notice, from a politically
equal or politically superior entity, DEMANDING that the Charging
Entity present its proof that it has some manner of superior
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commanding jurisdiction over the person serving the Demand,
acquired by the Wrongly Accused having willingly given up the
political independence the Wrongly Accused was born with.
34. And, as is clearly established in my N&D, the charging entity
must have available, not merely certified documents from the
government’s files, but a real live living eyewitness who will
testify in a court of law, under oath, that such eyewitness was
personally present and saw and heard you, the Wrongly Accused,
being informed by an on duty Government Official, who informed
you that you were born free and politically independent from any
manner of government intervention in your life.
35. Additionally, it is asserted by the charging entity, that this
eyewitness will testify, that such Government Official further
informed you that you were at that moment able to drive your
motor vehicle without any manner of government issued driver
license; and that you could engage in any manner of livelihood
without any manner of government issued license or permit and
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without any obligation to pay any manner of taxation. And, this
eyewitness will further testify, under oath, in a court of law, that
this eyewitness heard you acknowledge all the rights you had
been thereupon reminded of that you would be relinquishing, and
that you none the less eagerly agreed to give them all up in order
for you to be subservient to the government. This argument is
supported by Exhibit “A”, paragraphs # 39-45.
36. And, you do NOT present or mention your political status in
your N&D!!! If you were to make such claim then the burden of
proof could be determined to shift to you and you could be called
upon to prove it. By your not mentioning it you keep the burden
of proof on the charging entity! You have no need to present
your political status!
37. When the word "Notice" is followed by the word "Demand",
the served parties, including the Court, are thereby informed -
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NOTIFIED, that the person serving them is contending that he
has been Wrongly Accused because he is asserting that he is not
subject to their jurisdiction (no matter that he signed a promise
Page 8 of 1
to appear), and that if the served entities contend otherwise,
those claiming jurisdiction must present their proof that they
have properly gained such jurisdiction, through the voluntary and
fully informed intentional submission of the challenging Wrongly
Accused person, without the charging entity having violated the
Federal Thirteenth Amendment and in compliance with Exhibit
“A”, ¶46. AND, neither do you add any of this to the N&D!!!
“APPEARING” IN COURT
38. Next, "appearance". In order to understand why the word
"appear" is used in court, consider the meaning of the word,
"disappear".
39. "Disappear" means to suddenly vanish, poof, gone, to be no
longer visible, to be no longer present where it was a moment
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ago.
40. "Appear" means the opposite of "Disappear". "Appear"
means to suddenly materialize,. For something or someone to
suddenly be present where it did not previously exist; to have
suddenly materialized and then be visible or at least to be
recognized as being present where it previously was not.
MORE ON THE STATE’S
TRUE LEGAL NAME
ENSLAVEMENT SCAM
41. This is the State’s ploy to work around the Natural inherent
barrier preventing the artificial entity State, from directly inter
relating with real live humans, acknowledged by the United
States Supreme Court Case Citation set forth in Paragraph 46 of
Exhibit “A”, wherein the Supreme Court of the United States
presented its analysis acknowledging that it is impossible for
artificial entities such as governments, to directly interact with
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real live tangible human persons.
42. This Natural inherent barrier “required” those persons
wrongly managing government to devise a means whereby the
state could “legitimately” require real live Naturally politically
independent humans to somehow become subservient to the
Page 9 of 1
state.
43. What the State has done in establishing this “True Legal
Name” (“TLN”), ploy can not and does not change the fact that as
it is an artificial entity the State cannot interact directly with real
live tangible persons.
44. SO those politicians wrongly managing the State devised the
ploy of having real live persons represent an artificial persona
owned by the state, to be known as a “True Legal Name” ( “TLN”)
by having the real live person “represent himself”, by having the
TLN “appear” through the representation of the real live human.
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45. Consider "appear" together with "represent" and or
"represent yourself". In order for an entity to be in a condition of
"representing", there must be at least two entities involved.
46. When you “represent yourself”, the two entities involved are
your physical human entity representing and speaking for the
artificial persona “True Legal name” that gas no ability to speak
for itself, created for you by the State at your request because
you had been fraudulently indoctrinated by the State to believe
you were applying for a driver license.
47. When a defendant is represented by an attorney everyone
presumes the two entities involved are the attorney and the
defendant. In truth, however, there are four entities involved.
///
///
48. This quadrangle is comprised of the two real live flesh and
blood human beings (the attorney and the client), and the two
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artificial personas (being the two “True Legal Names”), assumed
by the spirits living in those two physical human beings bodies.
49. It is important here to understand that these two artificial
personas are “appearing” in the Court as franchisees using “True
Legal Names”, owned by the State, that such “names” were not
part of the physical entities as created by Nature.
Page 10 of 1
50. These artificial personas are the "True Legal Name"
franchises assigned by the State to the physical bodies when the
physical bodies had been fraudulently indoctrinated to believe
they were simply applying for a driver license. The DL applicant
was first, unknowingly, (through the presentation of the birth
certificate), “voluntarily” applying to the State, requesting that
the State grant the human bodies a franchise license to use
names entered on birth certificates, where, unknown and
unrevealed to the DL applicants, the names on the birth
certificates had previously become owned by the state under the
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state's abandoned property statutes.
NO PAYTRI-IDIOT
NONSCENSE HERE
51. I want it clearly understood that the foregoing explanation
has nothing what-so-ever to do with the Paytri-Idiocy claiming
that the entry of the name on BCs by parents causes the baby
referenced therein to become the property of the state. Nothing
could be further from the truth.
52. And neither is there any truth in the Paytri-Idiot contention
that birth certificates are bundled and sold to investors.
REPRESENTING YOURSELF
53. The above explanation of how names become "True Legal
Names" in conjunction with "representing yourself" comes as a
result of careful analysis of the required presentation of a BC to
the state, whereby the state acquires standing to issue or require
the possession of a driver license.
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54. Hollywood movie actor Richard Gere "appears" as Lancelot in
the movie, First Knight. I highly recommend everyone watch the
first five minutes of that movie, formerly posted on my Yahoo
Group as conversation #312, but apparently removed by those
who are afraid of the truth.
ABANDONED PROPERTY STATUTES
ENABLE STATE NAME OWNERSHIP
55. It is important here to understand that there is no
Page 11 of 1
information on any BC that can be used to connect any BC to any
particular person. No human ever born has the ability to have
personal knowledge as to where or when they were born or who
their own mother was. No one can properly, lawfully or legally
claim any ownership interest in the birth certificate that was
created to record their birth, and neither can they properly legally
or lawfully claim any ownership interest of the name entered
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thereon. (That is, unless the statutes of their state allow a
reclaiming of abandoned property and the state's procedures are
followed).
56. The child had absolutely nothing to do with the selection of
the name, or the entry thereof on any birth certificate, or of the
filing of that document with the government.
57. Every state has a statute regarding the disposition of
abandoned property. In Arkansas where I live it is under Title
18, Chapter 28, Section 202. Under Section 202 Arkansas
becomes the owner of all property deemed to have been
abandoned, not specified in previous sections, five years after
such property was last contacted by its last known (or unknown)
owner. Because of this, Arkansas becomes the owner of all
names five years after the filing of the birth certificates.
58. Every state has similar abandoned property statutes.
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Therefore it is impossible for anyone to properly claim ownership
of the name entered on any birth certificate (see exception noted
above in ¶ 55).
59. This is not a significant problem, however the knowledge
hereof makes it easier to understand how the states use the birth
certificate, True Legal Name driver license scam to fraudulently
gain dominion over those who unknowingly and unintentionally
volunteer themselves into this subservience scam.
60. Anyone can use a name seemingly identical to the name
entered on "their" birth certificate, without causing them to
become subservient to the state. Simply stop claiming the name
they use was derived from a birth certificate.
Page 12 of 1
61. This can reasonably be established because you did not
become attached to your name because it was written on a paper
document that you had nothing to do with and did not understand
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and could not read.
HOW YOU ACTUALLY
ACQUIRED YOUR NAME
62. You became attached to your name by the utterance thereof
by your mother and father. They used their human voices to
orally utter a special sound that became your name. You learned
it and it became attached to you by your hearing it through your
ears. It became your property through a Natural process that
had absolutely nothing to do with any birth certificate. So stop
claiming the birth certificate as your source!
THE LAW OF NECESSITY
63. Additionally, the Law of Necessity can allow anyone to use a
driver license for identification purposes and a Social Security
Number to maintain employment and a bank account, and still
not be operating under any franchise license issued by the state.
I determined this by applying the dicta written by the Supreme
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Court of the United States in a case named, Holy Trinity Church
vs, United States, 143 U.S. 457, 12 S.Ct. 511, 36 L.Ed. 226.
However, such DL must not be presented to a police officer
during a traffic stop, except for identification purposes. It would
be much better to convert that DL into a state issued ID card,
however that too has inherent problems with vehicle insurance
and in some states, vehicle registration. So, depending on your
individual preference and ability to talk in a friendly manner to
police officers, you determine which document would best serve
your needs.
BIRTH CERTIFICATE SCAM PROVED
BY ADMIT OR DENY DISCOVERY
64. During a no driver license prosecution of me in Arkansas in
2009, I served the state governor, attorney general, a state
senator and representative, with Admit or Deny documents (the
one served on the governor is posted on my public access Yahoo
Page 13 of 1
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Group as conversation #377), which the rules of court required
him to respond to within thirty days, or everything asserted
therein would be deemed admitted by him.
65. The governor did not respond until sixty days had passed,
causing everything therein to be deemed admitted as correct,
under the Arkansas Rules of Civil Procedure.
66. (The Governor did not ever respond to deny anything
asserted. Instead he filed a motion to quash, which was granted
by a judge who was presiding over hearings conducted under two
arrest warrants that had expired three years before I was
arrested, causing her rulings to be void, due to fraudulent illegal
prosecution and, more significantly, because of the fact that the
Governor’s motion to quash was not filed timely, and was not
properly legally founded.
67. This case against me was dismissed but the dismissal was
not based on my serving a N&D, but was based on Arkansas state
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law that invalidates anything done under an expired arrest
warrant.)
68. The case was dismissed when I filed with the Arkansas
District Court, a Demand to be accorded a trial by jury, the first
time any such trial had ever been granted in Arkansas in regard
to a traffic citation. The case was transferred to the Arkansas
Circuit Court, and dismissed when I brought the expired arrest
warrants to the attention of the circuit court judge. But the
Admissions of Governor Beebe (and the three additional Arkansas
politicians mentioned herein above), are none-the-less, deemed
admitted and therefore, valid.
69. If you do not understand the irrefutable self-evident facts set
forth herein in regard to your inability to have any personal
knowledge as to the facts of your birth, then you need to do
some very serious thinking!!! And be ready to explain how you
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came to such personal knowledge. There is a considerable
difference between strong belief and actual personal knowledge.
Personal knowledge can only be acquired when a person is an
Page 14 of 1
eyewitness to an event and has the cognitive ability to take
cognitive notice of the event as it occurs. Acquiring information
by your parents telling you, does NOT constitute personal
knowledge - it is legally known as hearsay.
BACK TO THE ISSUE OF ARTIFICIAL PERSONAS,
APPEARING AND REPRESENTATION
70. Because these artificial personas ("True Legal Names"), are
not physical entities, they are unable to speak for themselves, so
the flesh and blood entities must speak for them, must represent
them in court, enabling them to "appear".
71. This is not readily apparent or easily understood when an
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accused is represented by an attorney, but is more easily
understood when an accused is purported to "represent himself"
in court.
72. Because the artificial persona cannot speak for itself, the
flesh and blood must be present to speak for the artificial
persona. When the case is called, and the flesh and blood entity
comes forward and states his "True Legal Name" for the record,
such being the artificial persona, the artificial persona then
suddenly "appears" before the court, thereby causing two entities
to be present with the real live flesh and blood entity being
physically present to speak for and represent the artificial
persona that does not physically exist. (It does exist, and is NOT
fictional, but artificial).
73. Think of Walmart. You have never ever actually gone to
Walmart. You think you have but you have not. Walmart is a
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corporation. Walmart does not physically exist. Walmart exists
only in the corporate papers which created Walmart as an
artificial persona. Where you have gone many times is to stores
owned by the Walmart corporation.
THE ERROR INHERENT IN
DESIGNATION AS DEFENDANT
74. Next is "defendant". When you designate yourself as a
"defendant" in papers you serve or file, no matter what you might
Page 15 of 1
present in the body of those papers, your designation of yourself
as "defendant" constitutes your acknowledgment that your
political status is such that properly allows you to be charged by
the plaintiff, and that in order for the charges to be dismissed,
you have acknowledged that you must present mitigating
information of some manner, to be evaluated by the court, for
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the court to determine whether or not the trial should go forward
against you.
75. Thereby you have acknowledged the jurisdiction of the court,
which is an entity of the state, so you have thereby likewise
acknowledged the jurisdiction of the state, over you.
76. All of this is covered in my Notice and Demand as written.
Do NOT change the content or wording or present yourself in
their court after serving it because if you do, you will lose!
77. An accused who contends that he is not subject to any
manner of jurisdiction of the charging entity, must not shoot
himself in the foot by designating himself as a defendant, no
matter that the charging entity and the court designate the
accused as being a defendant.
78. When an accused contends he is not subject to any manner
of jurisdiction of the charging entity, the accused must properly
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designate himself as "Wrongly Accused", or even better, as
"Wrongly Accused Belligerent Litigant". Read what Federal Judge
Fee stated in United States v. Johnson, 76 F. Supp. 538, 539 (D.
Pa. 1947):
"The privilege against self-incrimination is neither accorded
to the passive resistant, nor to the person who is ignorant of
his rights, nor to one indifferent thereto. It is a FIGHTING
clause. It's benefits can be retained only by sustained
COMBAT. It cannot be claimed by attorney or solicitor. It is
valid only when insisted upon by a BELLIGERENT claimant in
person. The one who is persuaded by honeyed words or
moral suasion to testify or produce documents rather than
make a last ditch stand, simply loses the protection. . . . He
Page 16 of 1
must refuse to answer or produce, and test the matter in
contempt proceedings, or by habeas corpus. McAlister vs.
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Henkel, 201 U.S. 90, 26 S.Ct. 385, 50 L. Ed. 671;
Commonwealth vs. Shaw, 4 Cush. 594, 50 Am.Dec. 813;
Orum vs. State, 38 Ohio App. 171, 175"
79. Although Judge Fee's comment is specific to self-
incrimination, it applies to every instance where your rights are
an issue. Your rights belong to you, they are an integral part of
you, they cannot be asserted by anyone on your behalf.
80. Can you imagine that any attorney you hired would stand up
to the judge and insist that the government (or whomever the
plaintiff might be) does not have standing to proceed against you
until it presents proof that you agreed to submit yourself to these
proceedings? And must be attested to in court, by a living
eyewitness?
POLITICAL JURISDICTION
81. Next, Political jurisdiction, What is political jurisdiction
("PJ")? Everything that occurs under any level of government,
where the government is involved, is political.
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82. In conformance with Natural Law, governments only operate
over real live humans through some manner of voluntary
submission; as declared by SCOTUS in 1795, as presented in
Exhibit “A”, as Case Citation ¶46, and as embodied in the Federal
CONstitution, in the Thirteenth Amendment thereto.
THE TWO STYLES OF JURISDICTION
83. In order for the government to be able to have and exercise
controlling authority over any individual human, the government
must first entice each individual to volunteer himself into
submission, known as jurisdiction, I characterize this as political
jurisdiction or civil contract jurisdiction, depending on the
circumstances.
84. For all practical purposes the two jurisdictions are the same,
they both have the exact same effect on the individual’s degree
Page 17 of 1
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of submission, being total and complete. However, when dealing
with the opposition in legal matters it can be critically important
to mention the specific style of jurisdiction that is applicable and
if that is difficult to determine, then mention both!
CITIZENSHIP JURISDICTION
85. Those who volunteer themselves into political jurisdiction are
deemed to be "citizens". It took me some time to weed out all
the nonsense in regard to how United States citizenship is
acquired, but when I did I came to understand that the one and
only way a real live person born on the land area claimed by the
government of the United States to be under its political
jurisdiction, is through the voluntary claiming act of each
individual.
86. This determination is supported by both the 13th and 14th
Amendments, and in Exhibit “A” Case Cite ¶ 46.
87. "Citizenship" is clearly NOT acquired through birth, or under
the Fourteenth Amendment or through a driver license
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application, Social Security application, the use of Federal
Reserve Notes or any other means deemed by Paytri-Idiots to be
"adhesion contracts".
88. There is no such thing as an unrevealed adhesion contract.
In order for anyone to be held accountable to a contract, the
person must have been informed or at least given the opportunity
to become informed and consciously knowingly declined to be
informed while still agreeing to the contract.
89. According to the rules established by government, the terms
of any and all contracts must be fully disclosed or the contract is
either void or non existent.
90. The Notice and Demand that I designed requires the
charging entity to present its proof, from its files existing at the
time and date that the charges were lodged against the Wrongly
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Accused (when the citation was issued, NOT at the later time and
date when a complaint was filed with the court and the
Page 18 of 1
arraignment date was set or thereafter, when the N&D is served
and filed by the Wrongly Accused), that the charging entity had
gained political jurisdiction over the Wrongly Accused in full
compliance with the prohibition of involuntary servitude
recognized and established in the Federal Thirteenth Amendment.
91. AND, that any documentary evidence presented by the
opposition MUST and will be substantiated by the oral testimony
of a living eyewitness who will testify in a court of law, that the
eyewitness was present and observed a government official
inform the Wrongly Accused of what the Wrongly Accused would
be giving up and surrendering himself into, and that having been
thus informed, that the Wrongly Accused still went ahead and
volunteered himself into either political or contractual servitude to
the government.
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92. Which brings me to "civil contract" jurisdiction. This is
presented in considerable detail herein below, but for the
moment, "civil contract" jurisdiction is acquired by the state when
a free born person "voluntarily" presents a birth certificate to (he
thinks), be issued a driver license. However, before the state has
standing to issue or require anyone to apply for or possess a
driver license, the state must first, through some means, entice
the free born person to volunteer himself into some manner of
subservience to the state. This is self-evident due to the
prohibition of involuntary servitude of the Federal Thirteenth
Amendment, and the 1795 writing of the SCOTUS presented in
Exhibit “A”, Item # 46.
93. When the driver license applicant presents a birth certificate
( which is NOT his property), to be issued a DL, the very first
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unknown and unrevealed event during that "official ceremony" is
the granting of a franchise license to the applicant, for the
applicant to thereafter use that state owned name as the
applicant's "True Legal Name".
94. Thereafter, anytime the person engages in any activity under
that state owned name, the person will be required to conform to
CIVIL CONTRACT JURISDICTION
Page 19 of 1
any rules enacted by the state in regard to that activity, such as
paying income tax, getting married with a license and or
"educating" or inoculating their children, among one or two other
government regulated activities.
95. As mentioned above, the Notice and Demand that I designed
requires the charging entity to present its proof, from its files
existing at the time and date that the charges were lodged
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against the Wrongly Accused (when the citation was issued, NOT
at the later time and date when a complaint was filed with the
court and the arraignment date was set or thereafter, when the
N&D is served and filed by the Wrongly Accused), that the
charging entity had gained civil contract jurisdiction over the
Wrongly Accused in full compliance with the prohibition of
involuntary servitude recognized and established in the Federal
Thirteenth Amendment, with a living eyewitness to testify
thereto.
///
///
96. Next, the outcome. Please understand that the governments
of this society have a very serious problem. The citizens of this
country have demanded more and more perks to be provided by
the government, all of these are very expensive.
97. The governments (plural), must through some means raise
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or acquire the money to pay for all these ever increasing perks,
not to overlook the ever increasing numbers of persons receiving
these expensive perks.
98. The governments have implemented taxation on everything
realistically possible, and raised these taxes to the maximum that
will be tolerated. The Federal Government has utilized its option
of creating money out of thin air to the point that such inflation
has caused the current dollar to have less purchasing power than
S&H Green Stamps.
99. State governments do not have that option and have devised
the fraudulent birth certificate driver license True Legal Name
THE OUTCOME
Page 20 of 1
scam to bring all those who have been too busy to pay attention,
under the political and or civil contract jurisdiction of the state
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governments.
100. There is no doubt or question that what these governments
have been and are doing is totally fraudulent, but the
governments have been doing this for so long that their scam has
been incorporated into our society to such an extent that we can't
hardly function without claiming a birth certificate in order to be
issued a driver license for identification purposes, and Social
Security Numbers in order to be employed and or open bank
accounts (not to overlook, paying income taxes).
101. If any significant percentage of our population were to
understand what I have written here, and utilize the Notice and
Demand that I have devised, the financial impact on the
government would be devastating.
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102. Because of the irrefutable self-evident facts that I have
presented herein, the possibility of any charging entity
responding to present any manner of proof of its jurisdiction over
any Wrongly Accused is highly unlikely. Anything the prosecution
or opposition might present will only be on the record because of
the government's fraud in inducing everyone into some manner
of subservience.
103. There is no statute of limitation in regard to fraud. And, the
requirement that the government bring forward a living
eyewitness to testify as to the voluntary act of the Wrongly
Accused, will be totally impossible as there was no such fully
informed voluntary act and there cannot possibly be a real live
eyewitness to testify thereto.
104. That is, there is no possibility what-so-ever that the
government can ever establish any manner of jurisdiction over
the Wrongly Accused. Because of this the government, the
charging entity and the court, will drop the matter, just let it die.
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There is no possibility that the court is going to make an official
ruling against the government in favor of the Wrongly Accused!
Page 21 of 1
105. I first applied this jurisdictional attack in Federal Court in
1970, where the IRS had charged me with criminal intent to fail
to file or pay income tax. I walked out of that court in less than
five minutes and have never ever been bothered by the IRS
since, and neither have I ever filed or paid.
106. However, that Federal Court did not give me a clear win,
the court did not enter a ruling on my behalf, not on your life!
That court informed me that it was taking the matter under
consideration and I would be notified. That was forty-five years
ago and I am still waiting.
107. If any of the Paytri-Idiot adhesion contracts or Fourteenth
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Amendment citizenship by birth certificate issues were actually
true, then why did the Federal Judge in the IRS prosecution of me
not apply them to me and convict me and sent me to prison for
several years, as they did my partner in the 1969 income tax
rebellion which resulted in our prosecution by the IRS.
108. My partner was convicted and spent several years in
Federal prison because he went to court represented by an
attorney.
109. I was the out front leader of that income tax rebellion. I
gave hundreds of presentations to thousands of attendants at
meetings all over Southern California and wrote many articles
against the income tax which were widely published.
110. My partner did not give even one presentation and neither
did he write even one article against the income tax. He was the
financial backer. I was the one the IRS really wanted to send to
prison, but they could not establish any manner of jurisdiction
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over me.
111. But, please understand, that Federal Court judge did NOT
give me a declared win over the IRS!
112. These are issues where the government cannot win and
Page 22 of 1
dares not lose. Although it is clear that I totally defeated the IRS
in that 1970 incident, no one can use that case as a case citation,
because, technically, that case is still pending.
113. There have been many members of my group who have
used the generic IRS letters, (now posted on my new Private,
member only Yahoo Group), to rid themselves of the IRS. Many
of them are drawing Social Security and other government
financial benefits, but are no longer hassled by the IRS in regard
to income tax filing or paying.
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114. There is a current case in Florida where Terry is being
prosecuted for filing fraudulent charges against government
officials.
///
///
115. As I understand this case, Terry had been the foreman of a
statutorily created Grand Jury where the government prosecutor
kept interfering with investigations initiated by the Grand Jury
instead of having been initiated by the government prosecutor.
Because of this prosecutor interference, Terry disbanded the
government created Grand Jury and Terry then purported to
create his own Grand Jury under the Florida Constitution which
proclaims that all power is inherent in the people.
116. This self proclaimed Grand Jury then proceeded to file
charges with the county authorities against several government
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officials. As the ring leader Terry was arrested and charged with
from 9 to 12 charges of making false charges, each one with a
maximum penalty of five years in prison.
117. Terry has been counseled by certain men in Florida, and
advised to file a Notice and Demand that I created especially for
Terry, in which was included the statement that Terry would not
present himself in court unless and until the State of Florida
presented facts to prove it had properly gained some manner of
jurisdiction over Terry, in full conformance with the Federal
Thirteenth Amendment.
Page 23 of 1
118. Terry has refused to file this and is insisting that he wants
to go to court, to have a trial by jury, so that he can be
exonerated of all these "phony" charges.
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119. This is not a trial limited to Terry, this is a trial brought
forward because of Terry's self created Common Law Grand Jury.
There was a hearing on December 12th, last, in which the judge
determined that Terry was competent to "represent himself" in a
trial that was at that time set to be held on February 9th.
120. After that his 12/12/14 hearing Terry did then serve and
filed a version of my N&D that he had modified, without
consulting with me, taking out the paragraphs informing the court
that he would not be appearing at any event set by the court
unless and until STATE OF FLORIDA presented proof of its
jurisdiction over Terry that Terry could not refute.
121. After serving and filing that now totally ineffective N&D,
Terry then filed a MOTION, requesting a 90 day continuance of
the trial date for the purpose of deposing witnesses.
122. The Florida court gleefully (I am sure), granted Terry’s 90
day continuance request, denied his N&D, characterizing it as a
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motion, and also denied Terry’s request to depose witnesses.
123. The last I had heard about Terry, was that he had hired an
attorney, who demanded a $10,000.00 retainer, and that it was
expected that this attorney would negotiate a plea bargain where
Terry would be placed on extended probation and ordered to pay
a substantial fine.
124. To me this prosecution of Terry has been and is a clear
move against the Common Law Grand Jury Movement now so
active throughout this country.
125. There are those who hope to work out some manner of
protocol wherein the government would support the creation of
Common Law Grand Juries by those who style themselves as
being the People of Florida. The argument of those advocating
such Grand Juries is that such is necessary to straighten out the
Page 24 of 1
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fraudulent system which caused and allowed Terry to be charged
when all Terry was doing was what he should have done, bring
facts indicating corruption to the attention of the Florida
authorities.
126. I consider their Grand Jury endeavor to be more than
totally hopeless. The manner in which this prosecution of Terry
has proceeded thus far: Terry being arrested in court for failing
to appear in court because, when the case was called, instead of
answering with the commonly accepted response (indicating he
was appearing there under his "True Legal Name"), Terry instead
said that he was there to respond in regard to that matter (or
some similar Paytri-Idiot words), whereupon the judge ordered
Terry arrested, for failing to appear, causing Terry to remain in
jail for twenty-one days, until he was brought back before the
court and then released on his posting of a substantial bond.
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127. Terry has characterized himself as (1) a defendant and (2)
is appearing and (3) is representing himself. Three strikes and
you are OUT!
128. Terry’s friends are incensed at the Florida Judge for
arresting Terry for failing to appear when Terry was in fact
physically present in the court. What his friends fail to
understand is the impossibility of the court interacting with Terry
unless Terry “appeared” in that court as an artificial persona,
“acting” under a “True Legal Name”.
129. I agree that the judge acted wrongly in having Terry
arrested and held in jail for 21 days. As Terry had not presented
himself properly under a TLN, the judge had no standing to have
Terry arrested and held in jail. It seems that this judge had not
been well schooled as most judges have, in how to handle a
Paytri-Idiot such as Terry. What the judge should have done is
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have Terry thrown out of the courtroom as a trespasser.
130. To expect that the authorities of Florida are going to agree
to establish any manner of protocol allowing and recognizing
indictment authority to be exercised by Grand Juries formulated
Page 25 of 1
by those who claim to be of the People of Florida, could not be
more unrealistic.
131. I strongly contend that the one and only way that any such
Grand Juries could be created in Florida, or anywhere, would be
by those concerned about the corruption who want to be able to
create Grand Juries outside of the corrupted government, where
such grand Juries will be required to be recognized by the
authorities, that these concerned People must strive to have an
initiative placed on the ballot, and voted upon by the citizens of
Florida and or other states.
///
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///
132. I contend that the expected conviction of Terry, that the
manner in which the charges were brought, have enabled this
issue to be widely addressed by the media in Florida and
elsewhere in this country. I contend that those citizens of
Florida, who have no inkling of what I have presented in this
instant essay, would be outraged at the way Terry has been
persecuted by the Florida authorities, and that such outrage could
be used to gain sufficient support for such an initiative to be
passed by the Florida electorate.
133. I think the weak point in the argument of those advocating
such a Grand Jury creation is in their insistence of the invocation
of the Common Law. There is no such thing as a determined
Common Law. The Common Law is unwritten. Its
"interpretation" is totally up to each individual man or woman,
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formed and enforced in their local communities by their
agreement as to what should be tolerated or forbidden on a
moment by moment basis.
134. This is not necessarily bad, because the views of morality in
any given community are fairly well developed in each such
community, however the moral views of what would be tolerated
in San Francisco, California and Key West Florida will be
diametrically opposed to what would be tolerated in Atlanta,
Georgia or Yellville, Arkansas.
Page 26 of 1
135. This divergence of what constitutes common law will be
used against those of Florida attempting to root out government
corruption, to root out what is considered corruption that would
not be tolerated in either San Francisco or Atlanta, but the
powers that be are not interested in where agreement might be
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the norm, they will only be interested in emphasizing the aspects
of the common law that will offend the common voters.
136. Common law is supposed to be applied by every jury in
every court in this country, as it was in the beginning and as it
was during the Lincoln's unconstitutional undeclared war of
aggression against the South. Where white people who were
charged with harboring escaped black slaves were exonerated by
white juries who refused to enforce the laws that had clearly been
violated by these white protectors of escaped black slaves.
137. The actions of these juries was clearly an invocation of the
common law, whether or not those populating such juries realized
it or not. Their intention was to render justice, based on the facts
presented, however that application of the common law has been
totally destroyed in this country.
138. Another issue - I have added the following paragraphs in
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my Notice and Demand:
139. As paragraph 35. Let STATE OF NORTH DAKOTA and this
Honorable Court be hereby further advised, I, Donald Sandburg,
freely acknowledge that the charging entity, STATE OF NORTH
DAKOTA has a serious dilemma, as there is no possible way that
STATE OF NORTH DAKOTA can present proof that it has properly
gained any manner of jurisdiction over this Wrongly Accused, and
at the same time, that if STATE OF NORTH DAKOTA responds
with the information that it does purport to have, STATE OF
NORTH DAKOTA knows that I will eviscerate any such
presentation due to the self-evident fraudulent procurement
thereof by STATE OF NORTH DAKOTA, thereby totally
embarrassing STATE OF NORTH DAKOTA.
140. As paragraph 36. Therefore, let it be hereby acknowledged
Page 27 of 1
by this Wrongly Accused, that as STATE OF NORTH DAKOTA is in
a situation that it cannot win and dares not lose, this Wrongly
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Accused agrees that this case is not to be used as a precedent by
any other person challenging the Political or civil jurisdiction of
STATE OF NORTH DAKOTA. That their case must stand or fall on
its own merits.
Cheers,
I am Eric Williams, The Radical In The Twilight Zone
CHALLENGE TO STATE OF MAINE’ S POLITICAL OR CONTRACTUAL JURISDICTION Page 85 of 85
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