The True Power of the People Over Unconstitutional Acts

So, some municipality has ‘enacted’ an ordinance, and is using it to charge you with some sort of ‘crime’ defined therein. But, have you bothered to even ask yourself if they actually have any lawful authority to so such a thing?  If not, why not?  Do you simply assume that they automatically have this authority?  If so, then, obviously, you have never asked yourself just from where exactly they allegedly did or could get it, right?

Well, I am here to tell you, and show you, that they don’t have it, and that they have never had it, despite all their protestations to the contrary.  I have several other articles written on this blog that goes into the details of exactly how and why that is, so I won’t belabor it further with another article that does the same thing. What I am going to do is show you just one of the ways that the People have reserved to themselves the lawful authority to force a municipality’s rogue ‘legislation genie’ back into its bottle and seal it up so it stops interfering in your life and messing with your property.

Below you will find a People’s Petition of Grievances and Remonstrance that will be used against the CITY OF DALLAS for its unlawful creation of an unconstitutional ordinance, and the use of that ordinance against the People of Texas as if it has the force and effect of binding public law, which it absolutely and constitutionally does not. Making the CITY OF DALLAS’ effort to use and enforce the statute an unconstitutional act under color of law that subjects them to tort actions for their treason and violation of fundamental human and individual rights that we the People specifically reserved to ourselves as being inviolable by our government, at any level.

The Title of the petition that should indicate that we need a change in direction of what and to whom we address such petitions. I am of the mind that, since the municipality really has no authority to what it did in the first place, which is to try and make any law binding upon the public, then we shouldn’t be petitioning them for anything. I am thinking of this in the same common sense manner that one wouldn’t try to petition the local thieves guild to do something about all the burglaries and robberies occurring in your neighborhood. We should be going directly to the state legislature and demanding that they protect our rights and property by putting laws into place forbidding this fraud and making municipalities and their employees directly liable for their actions under state law. But we have to REALLY go after the legislators to make it happen, because, right now, they are getting a cut of the stolen property to allow this to continue. THAT is what we need to expose and resolve so that this has a chance to actually work.

The petition was not my idea, but I decided it had merit in what it sought to do and offered to assist in “fleshing it out” with more specific grievances and remonstrances so that signers of the petition, as well as the criminals hiding behind the municipal corporate veil, would have a clear understanding of the specific rights and issues involved here, and the People’s demands and requirements for making it right.

Please, if you live in the Dallas, Texas area, or anywhere in Texas, like San Antonio for example, where similar ordinances have been enacted, then please look for places in your area to sign this petition and exercise your rightful power against unlawful and unconstitutional encroachment and infringement by these criminal municipal corporations who spit on our rights and constitution for their own private interests. Even better, use the attached MS Word document version to start one in your own neighborhood.

Remember, we can all stand and fight together now, while we can and should, or we will all eventually and surely be tried and hanged alone.



PUBLIC NOTICE AND PETITION FOR
REDRESS OF GRIEVANCES TO
THE LEGISLATURE OF THE STATE OF TEXAS
AGAINST THE MUNICIPAL CORPORATION OPERATING
AS “CITY OF DALLAS”

Notice, this petition is being instituted, signed, and presented by men and women of the Texas Republic, as sovereign People and free individuals domiciled within the geographical region of the Texas Republic commonly referred to as “Dallas,” as a public demand for redress of grievances relating to and challenging the unlawful and unconstitutional imposition of CITY OF DALLAS ORDINANCE NO. 29595.

The free men and women who have signed this petition are of one mind in that, the CITY OF DALLAS ORDINANCE NO. 29595 is violative of the most basic and fundamental of human rights and needs, is violative of state and federal constitutional provisions and prohibitions upon the limited powers and nature of government, and the knowing and willful violation of rights specifically reserved by the People to themselves to protect against such abuses of the People’s own delegated powers through governmental overreach and unlawful usurpations of powers and authority never delegated and constitutionally forbidden to any political subdivision of the state, or to the state government, by the People of the Texas Republic.

The CITY OF DALLAS may already be liable through individual and class action torts for unlawfully acting under color of law and without lawful authority in knowing and willful violation of both the CONSTITUTION OF THE UNITED STATES (“US Constitution”) and THE CONSTITUTION OF THE STATE OF TEXAS (“Texas Constitution”).

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 infringes upon, outlaws, and prohibits the free exercise and enjoyment of the People’s fundamental rights, such as the right to free association and to peaceably assemble, the right to freedom of religion and to engage in the consensual practices and customs thereof, and the right to individual liberty in all of these and the pursuit of happiness associated therewith.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 infringes upon, outlaws, and prohibits the free exercise and enjoyment of the People’s fundamental rights by unlawfully and unconstitutionally converting the free exercise and enjoyment of those rights into a crime with the threat of penalty and punishment via unconstitutional taxation or fines imposed for no other purpose that to punish the act of  caring for and feeding of their fellow man in the form of the poor and/or homeless People who are doing nothing more than trying to survive within the corporate municipal limits of the CITY OF DALLAS.

CITY OF DALLAS ORDINANCE NO. 29595 is a prima facie violation of the following protected individual rights and constitutional prohibitions:

  1. The unconstitutional exercise of prohibited legislative powers specifically delegated to the Legislature of the State of Texas under Article 3, Sec. 1, and the constitutionally mandated process for the creation of any and all binding public law within Secs. 29-39 of said Article, and, therefore, are specifically prohibited to be exercised by municipalities and counties, including, but not limited to, the unlawful and unconstitutional exercise of any and all legislative authority having the intent or false pretense of creating and enacting binding public law in any form for any purpose whatsoever.
  2. The unconstitutional exercise of constitutionally delegated powers and acts specifically prohibited to municipalities as set forth in Article 11, Sec. 5, of the Texas Constitution
  3. The unconstitutional violation of specific rights and protections reserved to the People of Texas under Article 1 of the Texas Constitution’s Bill of Rights, including, but not limited to, the right to challenge and hold void any and all governmental and non-governmental corporate violations of any provisions or prohibitions therein under Article 1, Sec. 29.
  4. The unconstitutional violation of specific rights and protections reserved to the People of Texas by which the state and its political subdivisions are constitutionally prohibited from exercising any power or authority violative of any clause or provision within the Texas Constitution, especially those within the Bill of Rights.
  5. The right to freedom of Religion, as it prohibits the right of the People to minister to the poor and needy as a part of their religious or personal custom and practice.
  6. The right to freedom of association as a natural right, as it prohibits the right of the People to befriend and provide aid and assistance to whomever they may choose for whatever reason they may choose.
  7. The right to peaceably assemble as a natural right, as it prohibits the right of the People to gather together to minster to and provide charitable aid and mutual kinship and comfort to those in need.
  8. The right to the pursuit of happiness as a natural right, as it prohibits the right of the People to enjoy providing mutually voluntary and consensual aid and assistance to those in need as their heart and personal morality may move them to do.
  9. The right to Due Process, as this ordinance is a violation of the right of a free People to life, liberty, property, and all the rights, privileges, and immunities of same, and in some cases, serves as a potential death sentence devoid of any form of due process or human empathy for the plight of others.
  10. The unconstitutional violation of the specific right to local SELF-government, as being a right specifically reserved solely to the PEOPLE of Texas within Article 1, Sec. 1 of the Bill of Rights of the Texas Constitution, in both their natural capacity as sovereign individuals and as a public body assembled, which is not a right or delegated power that is in any way reserved to the creation or operation of municipal corporations, counties, or the State government.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the People of Texas from invoking the blessings of Almighty God by performing His commandments and works.

THE TEXAS CONSTITUTION PREAMBLE

Humbly invoking the blessings of Almighty God, the People of the State of Texas, do ordain and establish this Constitution.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the People of Texas from declaring and acting upon their individually reserved right to local self-government of THEMSELVES, both as individuals and as a community in relation to their private individual and communal actions and activities, just one aspect of which is providing consensual and voluntary care and assistance to the poor and needy. The right of local self-government is specifically reserved to the People of Texas under Article 1, Sec. 1 of the Bill of Rights within the Texas Constitution, not to the corporate municipality, county, or state governments.

ARTICLE 1. BILL OF RIGHTS

That the general, great and essential principles of liberty and free government may be recognized and established, we declare:

Sec. 1. FREEDOM AND SOVEREIGNTY OF STATE.          Texas is a free and independent State, subject only to the Constitution of the United States, and the maintenance of our free institutions and the perpetuity of the Union depend upon the preservation of the right of local self-government, unimpaired to all the States.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the right of the People of Texas to individual and collectively exercise their individual and collective political power in a manner they have deemed necessary and fitting, and denies the People of Texas in their rightful authority and to all benefits and privileges associated therewith, while simultaneously denying the People an independent and sovereign State and a Republican form of government as existing and operating by and for their individual and mutual consent and benefit, rather than for the private interests of the corporate municipality.

ARTICLE 1. BILL OF RIGHTS

Sec. 2. INHERENT POLITICAL POWER; REPUBLICAN FORM OF GOVERNMENT.             All political power is inherent in the People, and all free governments are founded on their authority, and instituted for their benefit. The faith of the People of Texas stands pledged to the preservation of a republican form of government, and, subject to this limitation only, they have at all times the inalienable right to alter, reform or abolish their government in such manner as they may think expedient.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon and violates multiple provisions and prohibitions of the Texas Constitution by the fraudulent exercise of Legislative authority in order to unlawfully defraud the People by the fraudulent creation of unconstitutionally enacted binding public law that was void ab initio. The power to create binding public law is constitutionally delegated and vested solely within the LEGISLATURE OF THE STATE OF TEXAS (“Texas Legislature”) by Article 3, Sec. 1 of the Texas Constitution, and that power may not and cannot be re-delegated to political subdivisions of the state government by mere legislative enactments and statutory schemes.

ARTICLE 3. LEGISLATIVE DEPARTMENT

Sec.1.   SENATE AND HOUSE OF REPRESENTATIVES. The Legislative power of this State shall be vested in a Senate and House of Representatives, which together shall be styled “The Legislature of the State of Texas.”

Sec.2.   MEMBERSHIP OF SENATE AND HOUSE OF REPRESENTATIVES. The Senate shall consist of thirty-one members. The House of Representatives shall consist of 150 members.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the right of all men as having a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences.

ARTICLE 1. BILL OF RIGHTS

Sec. 6. FREEDOM OF WORSHIP. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the natural and indefeasible right of all men to protect themselves and others from unlawful and unnecessary deprivations of life, liberty, property, privileges or immunities, or disfranchisement, without due process of law.

ARTICLE 1. BILL OF RIGHTS

Sec. 19. DEPRIVATION OF LIFE, LIBERTY, ETC.; DUE COURSE OF LAW. No citizen of this State shall be deprived of life, liberty, property, privileges or immunities, or in any manner disfranchised, except by the due course of the law of the land.

Whereas:   on its face, CITY OF DALLAS ORDINANCE NO. 29595 unconstitutionally infringes upon, outlaws, and prohibits the natural and indefeasible right of all men to freely associate and act for their individual and common good, to be free from all unreasonable searches and seizures, and to petition their servant government for redress of grievances.

ARTICLE 1. BILL OF RIGHTS

Sec. 27. RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF GRIEVANCES. The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.

The People’s Declaration of Relief and Redress

WE, the undersigned PEOPLE OF TEXAS, do hereby declare CITY OF DALLAS ORDINANCE NO. 29595 void on its face under the authority of the Bill of Rights in its entirety within Article 1 of the Texas Constitution, and pursuant to Sec. 29 of said Article specifically.

WE, the undersigned PEOPLE OF TEXAS, do further petition and demand that the CITY OF DALLAS MUNICIPAL CORPORATION cease and desist with any and all enforcement of the odious and unconstitutional DALLAS ORDINANCE NO. 29595, dismiss any charges, fines, and fees unconstitutionally perpetrated and taken thereunder, and to further act to immediately and permanently repeal said ordinance, thereby restoring the constitutionally protected rights that the free and sovereign People of Texas specifically reserved to themselves so as to prohibit such infringements and violations through unconstitutional abuses of power and authority as exists in said ordinance.





Petition to the CITY OF DALLAS

The Impossible Dream: Reasonable Suspicion and Probable Cause in Relation to a Malum Prohibitum Offense.

How is it reasonably possible for any law enforcement officer or other law enforcement personnel to reach articulable facts supporting reasonable suspicion or probable cause in a malum prohibitum offense situation?

An officer cannot be expected, or believed, to be capable of articulating reasonable suspicion or probable cause without actually knowing ALL of the required elements of such an offense, can they? How could they be reasonably said to be capable of doing so without first knowing such essential information relative to a charged offense? I would offer the proposition that it is actually completely impossible for it to be obtained at all in the vast majority of such situations.

For instance; since virtually ALL “traffic” stops are malum prohibitum, just exactly WHICH of the multiple required elements of any of the subject matter related malum prohibitum offenses are legally considered to be THE specific necessary elements that are absolutely ESSENTIAL in providing the officer with the required reasonable suspicion or probable cause? Is the officer required to state these elements as part of their official report on and before levying the charge in the first place so as to prima facially validate  the warrantless seizure, search, and arrest of the individual being accused? Is an officer required to immediately inform the Accused of these specific elements in order to lawfully and legally establish the officer’s legal authority to act against them in this matter?

Let us say, for instance, that a particular malum prohibitum offense has ten (10) evidentiary elements that MUST be stated in the criminal complaint and charging instrument and then proven in a court of law in order to constitute a valid charge and to get a conviction for the offense. Keep in mind that, in a criminal matter, ALL of the elements of an offense must be properly alleged in the complaint and charging instrument and then proven with admissible facts and evidence at the evidentiary phase of any trial. NONE of the evidentiary elements are allowed to be simply presumed, as this is a violation of the right of due process.

Consider that the presumption of any element of an offense to be automatically true is a presumption of an individual’s guilt upon that element, and violates the individual’s right to be presumed innocent of ALL of the elements of the alleged offense, which would then leave the STATE with the requirement to prove only those elements for which no presumption of guilt currently exists. Therefore, if ANY presumption of guilt for ANY element of an offense were actually constitutional and allowable in our justice system, then it would be a simple step for our law enforcement agencies and judicial system, and their related processes and procedures, to begin to operate entirely upon the presumption that they are ALL true and that the accused is actually guilty without need of a trial, and,therefore, would no longer be required to be presumed innocent of the allegation by default. Right?

Now then, we need to figure out just which specific evidentiary element(s) of those 10, and how many, are to be considered enough to give the officer reasonable suspicion or probable cause to suspect and believe that this particular offense actually had been, was being, or is about to be committed. Does the officer require the ratio of only five (5) out of the full 10, or does s/he need only six (6) or seven (7) of the 10 instead? How about just one (1) of the 10?  Perhaps a percentage would be better, so, is the percentage of required elements 1%, 5%, 10%, 51%, 60%, 75%, or 90%?

Furthermore, not only do we need to establish just how many of the total 10 elements are needed, but just exactly WHICH elements of the 10 does the officer actually have to possess facts and evidence in support of the allegation(s) versus how many and which elements does the officer simply get a free pass to presume to be absolutely true without supporting substantive facts and evidence? Just where and with which elements do we draw the line as to how to fully establish reasonable suspicion or probable cause?

which-elements-create-probable-cause

If there is supposed to be an automatic presumption of innocence of every element of an offense in our system of justice, then exactly how and by what pretense is this presumed any less true when it comes to the presumption of innocence of every element of a malum prohibitum offense in the eyes of law enforcement?  Are they actually free to simply accuse any and all of us, the People, of crimes and criminal activity, without any actual accountability, thus endangering our individual health and welfare by making such unsubstantiated presumptions and conclusions?

Let’s just make it easy for them. How about we allow articulable facts and evidence of just one (1) out of the 10 elements of the offense? Let’s say, for the sake of argument, that the only essential required element is that the accused individual was in their car at the time of the alleged offense.  That way, the officer need only allege that the accused individual was “in a vehicle,” and that none of the remaining elements of the 10 is then actually required to provide reasonable suspicion or probable cause to believe that the individual perpetrated the offense. Now no other facts and evidence is necessary to provide the officer with the requisite reasonable suspicion or probable cause to suspect criminal conduct. Now the officer can justifiably kill you because s/he had reasonable suspicion or probable cause to believe that you are a criminal simply because you were “in a vehicle” and that you somehow refused to comply with some arbitrary and rights-violating ‘order’ in an entirely officer-perceived-and-subjective timely and efficient manner. That would make perfect sense and should work out okay for the accused individual more often than not, right?

So, let’s consider these aspects and then ask ourselves this question again; just HOW MANY of the evidentiary elements are actually required and WHICH ONES out of the full 10 in our example are considered the necessary elements versus the unnecessary elements that are legally required to provide the officer with articulable facts supporting the reasonable suspicion or probable cause necessary to exercise any warrantless arrest authority and to use force, all the way up to deadly force, in order to facilitate that arrest?

After all, unless ALL of the required evidentiary elements are there, then, legally speaking, there is no offense, and no lawful charge, prosecution, or conviction, is legally possible or justified. So, just exactly WHICH of the 10 would allow the officer to properly and legally make the allegation, even though the prosecutor could never legally and lawfully PROVE the offense in court?

This is precisely the problem with ANY malum prohibitum offense, the lack of articulable facts and evidence to fully support reasonable suspicion or probable cause that ALL of the required statutory elements of the offense exist. The major difference between malum prohibitum and malum in se offenses being that, in a REAL crime, there is the potential to prove an actual injury to some specific person, their rights, or their property, as the result of intent or negligence. The complaint by some party that they are the victim of an actual provable injury caused by the accused individual, in and of itself, is entirely sufficient to provide the required reasonable suspicion or probable cause to believe that at least some sort of criminal activity has more than likely occurred. However, in a malum prohibitum allegation, there is no complaining party that can provide actual evidence that they sustained any provable injury in order to provide that level of reasonableness.

Therefore, we can reasonably conclude that, where no articulable facts and evidence can prove a complaint of palpable injury to persons or property, virtually all malum prohibitum offenses and sanctions are completely unconstitutional on their face, and are a denial of our individual right of due process and to be free from unreasonable searches and seizures ab initio because they afford the means for easy abuse by law enforcement officers and the STATE while providing no reliable and non-subjective manner in which to reasonably provide articulable facts supporting reasonable suspicion or probable cause so as to fully protect the individual rights of an accused individual.

How to Control [and Legally Embarrass] a Bad Judge – Episode 1

When you have a prosecutor and a judge conspiring and acting to further a case despite a lack of jurisdiction, especially when that lack of jurisdiction is based upon an insufficient complaint and charging instrument or lack of admissible evidence by which to prove ALL of the necessary elements of the alleged offense(s), just how are you supposed to deal with it?

Such little circus sideshows are usually played out by the judge and prosecutor in a tag-team performance during the motions hearing, which is where the judge will most certainly attempt to deny your motions without ANY legal basis or rebuttal relevant to a single thing in your motion(s). What the judge is failing to provide in this denial is what we call the necessary “findings of fact and conclusions of law” that provide the supporting legal grounds for the denial. Neither of which they actually ever have in such cases.  This is why you should ALWAYS file a supporting “Motion to Reconsider,” or, in certain circumstances, a “Motion for Findings of Fact and Conclusions of Law,” with any other actual motion that you file that results in an appealable negative order, ruling, or judgement.  DO NOT put either of these motion requests into the same motion that initiated the action order, as they will be automatically denied when the actual motion itself is denied.

Now, once you make ANY form of argument that the statutes are being legally misapplied to you and your private activities, you are most likely going to prompt the prosecutor or judge to say something like “Are you saying the code/ statutes/ laws don’t apply to you?” At this point the prosecution is going to chime in and supply some totally irrelevant and idiotic example claiming that some five-to-ten year-old child will suddenly be able to take off in mommy and daddy’s car any time they want because licenses aren’t really required. An example which is not only moronically stupid on its face, but also has absolutely NOTHING to do with the facts and evidence of the case before the court.

The prosecutor’s little forays into fantasy land, along with their side trip to ridiculous park, will be fully sanctioned by the judge if you fail to object properly. However, these little stories are NOT testimony per se, as this is only a motions hearing, but they ARE completely ludicrous fabrications and are not at all relevant to the facts and case before the court. So, when you object to this moronic commentary DON’T say stupid Patrinut shit like “I object, s/he’s testifying and misstating the facts judge!” Instead, stick to the commentaries total lack of relevance and the prosecutor’s dumb-assery for having made it as your basis for making the objection:

OBJECTION!  How badly the prosecutor would allow their child to behave if these statutes never actually applied to the Accused or the general public is completely irrelevant to the matter before the court, and serves no legitimate purpose other than demonstrating that the prosecutor should probably be sterilized and not allowed to care for children in general. That idiotic example of coulda’ shoulda’ woulda’ is not the law, it cannot be substituted for the law, and it has nothing to do with the actual law and facts before this court.  Therefore, I move that if the prosecutor wishes to engage in the fabrication of delusional and irrelevant fantasies that s/he resign and either write fiction books or run for public office in the legislature. Otherwise, I move that the prosecutor be instructed to stick exclusively to the facts and evidence relevant to this matter rather than their red herring theories on ‘possibility’.

Take note, as there was no actual admissible and countermanding evidence and/or any legal brief(s) filed by the prosecution alleging any opposing statutes, facts, or law that serve to rebut those contained in your own motion(s), the judge and the prosecutor have no legal leg to stand on for denying them, especially with the judge acting biasedly for the prosecution by simply denying them without legal grounds. Their imaginary “what if” example scenarios are NOT the law, nor are they the basis of the law. Just as they are NOT evidence of anything whatsoever, other than as an example of a vivid and totally irrelevant imagination.

So, one possible response to a judge that makes such an obviously prejudicial and biased statement of this nature would be:

Judge, I believe the burden of proving that the specific regulatory statutes at issue in this matter actually DO apply to the Accused rests upon the Prosecution, rather than upon the Accused to prove that they do not. It’s called “the presumption of innocence.” I would move the court to look it up in the Code of Criminal Procedure under Arts. 2.01, 2.03(b), 11.43, 35.17.2, and 38.03.

Furthermore, the prosecution has failed to allege even a single fact in the complaint and/or charging instrument that the Accused was actively engaging in some form of commercial “transportation” activity upon the highway, which is the ONLY way that these specific regulatory statutes legally CAN apply. On these grounds I move that the court take judicial notice of Article 38.03 of the Code of Criminal Procedure, which reads:

Art. 38.03. PRESUMPTION OF INNOCENCE.

All persons are presumed to be innocent and no person may be convicted of an offense unless each element of the offense is proved beyond a reasonable doubt.  The fact that he has been arrested, confined, or indicted for, or otherwise charged with, the offense gives rise to no inference of guilt at his trial.

Further still, SB 971 as enacted by the 74th Legislature in 1995, which is the enactment that created the entire “transportation” code in its current recodified form, including the various statutes at issue in this matter, regulates a specific type of business or business related activity, that of “transportation.” An activity in which the Accused was NOT and never has been engaged, the allegation and proof of which is an essential  required fact element that the prosecution cannot presume to be true or legally prove due to a lack of admissible evidence relating to and proving said activity.

The prosecution is duty-bound to set forth EVERY element that is required to be proven at trial IN the complaint AND the charging instrument, AND must prove EVERY element at trial with ADMISSIBLE EVIDENCE, not hypothetical and overly ridiculous red herring arguments and contrived situations that have no relevance or bearing upon the facts of the case.

Finally, neither this court nor the prosecution may simply presume ANY required fact element of an alleged offense to be true, as that subverts the right of the Accused to the presumption of innocence of EVERY element of an alleged offense, which is fatal error, being a clear violation of the Accused’s right of due process and all. There can be no reasonable legal debate as to whether or not the act of “transportation” is a necessary fact element of the alleged offense considering that it is the specifically stated subject matter of the very legislation that created the recodified “transportation” code and the statutes therein.

There is no such fact element alleged in the complaint and charging instrument, and the state has no admissible evidence that would serve as proof of that necessary element. This lack of admissible evidence also proves that the arresting officer could not possibly have had any articulable facts or evidence supporting reasonable suspicion or probable cause, thus making the warrantless detention, seizure and arrest of the Accused completely unlawful in the first instance. Which, in turn, makes it more than clear that the state is attempting to unlawfully apply the “transportation” code and its regulatory statutes to a completely unrelated subject matter activity to which it simply and legally does NOT and CANNOT apply as said activity is entirely OUTSIDE of the code’s subject matter jurisdiction and application.

Therefore, the state has no case, as the prosecution simply cannot prove that these statutes apply without first proving that the Accused was engaged in the regulated activity of “transportation.” Which is legally impossible to do using only a law enforcement officer’s personal or professional opinion during testimony absent other admissible substantive evidence supporting that conclusion, as the officer is not qualified to make such legal determinations and conclusions and then offer them as factual opinion and evidence through testimony at trial.

Whereby, on these legal and constitutional grounds, I move for your immediate disqualification for bias, prejudice, judicial incompetence, and multiple violations of state law, the rules of procedure, the rules of evidence, the rules of judicial and professional conduct, and criminal offenses constituting felony violations of Abuse of Official Capacity and Official Oppression under Sections 39.02 and 39.03 Penal Code.

In other words, ‘judge,’ fuck you, fuck the prosecutor, and fuck the rest of the dirty wharf rats whose asses and nut sacks you both kiss every day to hold onto your corrupt lying-ass jobs.

“It’s Only a Few Bad Apples…”

As you all should be aware of by now if you listen to the radio show at all, I have been working on a felony “Evading Arrest or Detention” case for the last several weeks. And if you have been listening for the last few years, then you are also aware that many of the facts and arguments I make on certain subjects have never been litigated or argued in the State of Texas Courts in a manner that addresses all of the in pari materia statutes on the particular subject. Which means that there is little to no “case law” relating to the specific argument.

The document that is posted here is a Motion to Quash Indictment that has been filed in the 63rd Judicial District Court in Terrell County Texas. I am posting it here with the full knowledge and consent of the individual that is being accused in the matter. I am also providing the actual MS Word documents for the four pleadings that I wrote for this case in links at the bottom. That way you won’t have to copy the web page and then try to massage it back into a formatted Word document if you find anything in it you might be able to use.

The Motion to Quash is quite long, but it had to be in order to cover all of the unconstitutional and illegal acts being perpetrated by the federal and local public officials in the matter so as to railroad this man into a prison sentence just to finally get rid of him. And if you can read this document and not get pissed off, then you are what is inherently wrong with America today, because it exposes the outright in-your-face corruption of the judicial process and system that runs all the way to the very top criminal court in Texas, the Texas Court of Criminal Appeals. And there is no one to blame for this sort of corruption but the self-serving attorneys themselves.

I am also going to link in copies of several of the Texas Court of Criminal Appeals own case opinions that proves that the Court has been and is actively engaging in and sanctioning statewide criminal violations of Texas law by every lower court and prosecutor in the entire state. And that the sanctioning of these violations is done with the specific intent of denying every individual accused of a crime in their right to substantive and procedural due process. In other words, I believe that I have proven the entire judicial department of the State of Texas to be engaging in organized criminal activity that goes above and beyond even that which we have known or suspected, and they were kind enough to provide the evidence against themselves in their own opinions.

This leaves us having to ask, just when is this bullshit going to be enough to make we the People stand up, charge, convict, and hang every damned attorney and judge in the entire country from the nearest horizontal object strong to hold them aloft until all of their kicking and squirming ceases? Think about the following statements really really hard; is there anything, and I mean anything, that has gone wrong with the course and history of this country, any incident, any disaster, any war, any terrorist governmental attack, unconstitutional law, or violation of individual rights, during its entire existence, that was not conceived, implemented, or justified by some attorney or attorney wanna’be?

Think about that. The founding fathers despised attorneys, even though many of them were attorneys. It was a bunch of Pharisee lawyers that had Jesus condemned to death. Then we had ‘Honest’ Abe Lincoln orchestrating the civil war. The prohibition era and the ‘legal’ alcohol poisoning murders of over 10,000 Americans was overseen by President Woodrow Wilson when the federal government laced all alcohol products with a poisonous recipe of chemicals that included “4 parts methanol (wood alcohol), 2.25 parts pyridine bases, 0.5 parts benzene to 100 parts ethyl alcohol” and, as TIME magazine noted, “Three ordinary drinks of this may cause blindness.” (In case you didn’t guess, the alternative phrasing “drinking that stuff will make you go blind” also isn’t just a figure of speech.). Harry S. Truman oversaw the dropping of the atomic bomb on Hiroshima and Nagasaki, and he went to law school to be an attorney, but never completed the degree after he won reelection as presiding county judge, even though he was informed by the state bar that he was already qualified to join the bar due to his prior court experience. Lyndon B. Johnson, the leading contender in the conspiracy to kill then President John F. Kennedy, went to law school, but never finished either — presumably because he could not have possibly passed the [pretend] ethics portion of the education. And that theme continues on through today with the Clintons and Obamas. This ‘profession’ is literally stealing everything from us, one step and piece at a time, and it must be stopped. But only we can do it. And we cannot do it by keeping our heads in the sand in the hope that the attorneys will simply pass us by because we choose to ignore their presence.

Remember, everything that Hitler did to the people of Europe and to our fighting men was ‘legal’ by the terms of the German-attorney made and enacted laws. And attorneys are doing the same things here, they have just set up a way to remove the middleman.

Like I said, the document is long, but it is an attempt to cover every possible exit and loophole that the corrupt individuals within the courts and judicial system might seek to squeeze their rat-like personages through so as to deprive an innocent man of not only his liberty, but also the few remaining months of his life with his family and friends.

So READ this, and don’t just think or wonder about it, DO something. SAY something. SCREAM something, at someone, anyone, everyone, that we are sick and tired of this kind of thing being done not only to us, but in our own name, by a bunch of corrupt self-serving communist-state loving sycophants!!

It is time to choose. Do you want FREEDOM, or freedumb?

 




CAUSE NO(s). 742
THE STATE OF TEXAS, § IN THE DISTRICT COURT OF
Plaintiff, §
v. § TERRELL COUNTY, TEXAS
§
Jan Patrick Baker, § 63rd JUDICIAL DISTRICT
Defendant in Error. § DUNS number: 006848369
§

Respondent’s Special Appearance and
Motion to Quash and Dismiss the Indictment – 2nd Amended

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Jan Patrick Baker, appearing specially and not generally, in his common law capacity and of common right as one of the People of Texas and Defendant in Error (“Baker”) in the above styled and numbered cause and files this Motion to Quash and Dismiss the Indictment against him, and for cause would show the Court as follows:

I.
NATURE OF RELIEF SOUGHT

Baker stands charged by a one (1) count indictment, however, the body of the Indictment instrument alleges no specific offense or class of offense under any specific code, nor any specific details comprising the necessary elements of an offense, therefore, Baker can only guess as to what specific charge and classification is being made against him based solely upon other conflicting documents in his possession and relative to the matter that may or may not have any force of law as to determining or providing him with proper Notice of the specific classification of charge that is actually being made against him. In which case, Baker’s best guess as to what the State is accusing him of is EVADING ARREST OR DETENTION, pursuant to Section 38.04(b)(2)(A), Texas Penal Code, a third (3rd) degree felony. The indictment alleges that “on or about” the 13th day of March, 2015, the Defendant:

[did then and there intentionally flee from Russell Weatherby, a person the defendant knew was a peace officer, to wit: a Texas Department of Public Safety-Highway Patrol Division Trooper attempting to lawfully arrest or detain the said JAN PATRICK BAKER, and JAN PATRICK BAKER did then and there use a vehicle while the said JAN PATRICK BAKER was in flight]. (Emphasis added).

II.
LEGAL OVERVIEW

All citizens accused of any crime have the right to adequate notice of the specific charges under the Sixth Amendment to the Constitution of the United States and article 1, Section 10 of the Texas Constitution.1 These constitutional guarantees require a defendant to be given notice of the “nature and cause” of the accusation against him so that he may prepare a defense, and plead an acquittal or conviction in bar of further prosecutions for the same offense.2 The requirement of notice “with sufficient clarity and detail” is designed to “enable the defendant to anticipate the State’s evidence and prepare a proper defense to it.” 3 “[T] he accused is not required to anticipate any and all variant facts the State might hypothetically seek to establish.” 4


1In re Oliver, 333 U.S. 257, 273 (1948); Cole v. Arkansas, 333 U.S. 196, 201 (1948); Moff v. State, 154 S.W.3d 599, 601 (Tex. Crim. App. 2004); Garcia v. State, 981 S.W.2d 683, 685 (Tex. Crim. App. 1998).

2Hamling v. United States, 418 U.S. 87, 117 (1974); Russell v. United States, 369 U.S. 749, 763-764 (1962); Garcia v. State, 981 S.W.2d at 686 (Meyers, J., concurring); Moore v. State, 473 S.W.3d 523, 523 (Tex. Crim. App. 1971).

3Garcia 12. State, 981 S.W.2d at 685 (citing Eastep v. State, 941 S.W.2d 130, 132 (Tex. Crim. App. 1997)).

4Brasfield v. State, 600 S.W.2d 288, 295 (Tex. Crim. App. 1980), overruled on other grounds by Janecka v. State, 739 S.W.2d 813, 819 (Tex. Crim. App. 1987); Drumm v. State, 560 S.W.2d 944, 947 (Tex. Crim. App. 1977).

The Texas Code of Criminal Procedure implements and supplements these constitutional requirements and provides guidelines by which to measure the sufficiency of an indictment. For instance, under Article 21.03, “[e]verything should be stated in an indictment which is necessary to be proved.” Article 21.04 requires that the “certainty required in an indictment is such as will enable the accused to plead the judgment that may be given upon it as a bar of any prosecution for the same offense.”5 And Article 21.11 states that “[a]n indictment shall be deemed sufficient which charges the commission of the offense in ordinary and concise language in such a manner as to enable a person of common understanding to know what is meant, and with that degree of certainty that will give the defendant notice of the particular offense with which he is charged… .”

Under Article 27.08 of the Code of Criminal Procedure, exceptions to the substance of an indictment can be raised where “it does not appear therefrom that an offense against the law was committed by the defendant” and “it contains matter which is a legal defense or bar to the prosecution” (emphasis added). Defects of form can be raised under Article 27.09 of the Code of Criminal Procedure, although a defect of form should not render an indictment insufficient unless it “prejudice[s] the substantial rights of the defendant.” See Article 21.19. Defects of substance and form can result in a dismissal of an indictment or require an amendment of the indictment. See, e.g., Articles 28.07 and 28.09 to 28.11 of the Texas Code of Criminal Procedure. The issue of “[w]hether an indictment fails to charge an offense at all is an entirely different issue from whether the indictment fails to provide adequate notice.”6


5This statutory requirement of “certainty” is “distinct from, and independent of, the constitutional requirement of adequate notice.” Garcia v. State, 981 S.W.2d at 685 n.3 (citing G. Dix & R. Dawson, Texas Criminal Practice and Procedure § 20.104 (1995); 2 W. Lafave & J. Israel, Criminal Procedure § 19.2(b) at 445-446 (1984).

6Curry v. State, 30 S.W.3d 394, 399 (Tex. Crim. App. 2000); Olurebi v. State, 870 S.W.2d 58, 62 n.5 (Tex. Crim. App. 1994).

III.
LEGAL GROUNDS FOR RELIEF

Baker objects to the lack of a proper verified criminal complaint, which was required to be filed prior to the prosecutor seeking an indictment.

Baker objects to the lack of a proper Information, which was required to be filed prior to the prosecutor seeking an indictment.

Baker objects to both the form and the substance of the indictment.

Baker believes that, besides being retaliatory and baseless, the Indictment is factually insufficient in that “it does not appear therefrom that an offense against the law was committed by the defendant” and “it contains matter which is a legal defense or bar to the prosecution,” (emphasis added), thus, it fails to allege an offense under Article 27.08 of the Code of Criminal Procedure.

III-A.
No Properly Verified and Filed Criminal Complaint
and Information Invalidates the Indictment.

Baker is being made to answer for an infamous crime of which no one has properly accused him of committing. Therefore, the State of Texas is unlawfully and illegally restricting him at his liberty and seeking to prosecute him without authority or jurisdiction.

Baker was charged by indictment only, succeeded solely by a warrant of arrest issued from the Office of the District Court Clerk. However, there is no proper statement of probable cause or verified Complaint in the court record to support the issuance of any warrant or to provide a prosecutor with the necessary authority to create and file the required Information with any court having jurisdiction, much less with a grand jury, and which Information is also missing from the court record. “[i]t is fundamental that the name of the complaining witness is a necessary requisite to a valid indictment or information.EX PARTE BOB LEWIS, 1976.TX.41549; 544 S.W.2d 430, (12/22/76) (emphasis added). Absent a valid Complaint there is no complaining witness against Baker for the purpose of filing an information or seeking an indictment.

The prosecution has stated that the Affidavit for Warrantless Arrest made by Texas Department of Public Safety (“DPS”) Highway Patrol Division Trooper Russell Weatherby (“Trooper Weatherby”) before Justice of the Peace for Precincts 1 & 2, Corina Arredondo (“J.P. Arredondo”) serves as the Complaint in this matter. However, Baker believes that instrument has a severe legal deficiency of form and substance that invalidates it both as a proper probable cause statement for a warrant and as a proper Complaint. The statement of probable cause for the warrant does not list a single substantive fact setting forth any of the required elements in support of the charge being made against Baker. It lists only the statute that was allegedly violated and nothing more, which means the warrant is basically blank and devoid of any factual assertions whatsoever supporting probable cause as well as in the specifics and manner in which it fails to “[s]tate the time and place of the commission of the offense, as definitely as can be done by the affiant” (emphasis added). There are no specific details as to the time and place of the alleged offense stated within the affidavit for warrantless arrest, which is what D.A. Hernandez states is being used as the required Complaint. Texas Code of Criminal Procedure Art. 21.03 requires that “As a general rule, any element that must be proved should be stated in an indictment. See Tex.Code Crim. Proc. Ann. art. 21.03 (Vernon 1989); Dinkins v. State, 894 S.W.2d 330, 338 (Tex Crim.App.1995); Ex parte Elliott, 746 S.W.2d 762, 764 (Tex.Crim.App.1988). This rule applies to an information. Tex.Code Crim. Proc. Ann. art. 21.23 (Vernon 1989).”7 There are also no such details in the Information required to be filed by the prosecuting attorney for the state, because D.A. Hernandez has never filed an Information in this case neither prior to nor after having unlawfully and illegally obtained this secret Indictment from the grand jury in violation of Art. 16.01 of the Code of Criminal Procedure and Baker’s due process right to an examining trial.

The affidavit of warrantless arrest filed by Trooper Weatherby is factually deficient and incapable of providing any probable cause for a warrantless arrest, and it should never have been signed and approved by a magistrate as a valid Affidavit for Warrantless Arrest, and brings into question the judicial competency of J.P. Arredondo for having signed it as it currently reads. And there should be no question that it fails to meet the statutory and due process requisites of a valid complaint in that it alleges no specific facts relating to the alleged offense.

It is neither possible nor plausible that D.A. Hernandez is not aware of these highly obvious legal deficiencies in the Affidavit/Complaint, therefore, the only logical conclusion is that he simply doesn’t care. Perhaps it is because he is so focused on obtaining an indictment and conviction of Baker, in violation of his legal duty under Article 2.01 of the Texas Code of Criminal Procedure “[n]ot to convict, but to see that justice is done,” that he is willing to overlook such petty details in his pursuit of ‘justice.’ It may even be, proverbially, to simply get Baker “out of his hair” so as to put a stop to Baker’s efforts of exposing the rampant public corruption in Terrell County Texas. Corruption that couldn’t remain in existence if the sitting D.A. was doing his job, or, unless he was complicit in it.


7Green v. State, 951 SW 2d 3, Tx.Ct.Crim.App (1997).

It cannot be stressed enough that the current cause raises significant questions about how the grand jury came to indict Baker. If the cause was initiated by the grand jury, then what person thereon had personal knowledge that Baker allegedly committed some crime, and by what method does that person avoid the civic duty of filing a proper Complaint before someone authorized to take and verify such a Complaint?

If the grand jury did not come by this knowledge on its own via one of its members, but, rather, by way of the prosecuting attorney, then the prosecutor must be viewed as the actual accuser in the matter. Especially considering that D.A. Hernandez once again failed to properly perform his known legal duty under the law before seeking an indictment (an act that is itself a direct criminal violation of Texas law), which was to prepare a proper information based upon a properly verified and formatted substantive complaint, attach said complaint to the information, and submit both to some proper magistrate in accordance with Article 2.05 of the Texas Code of Criminal Procedure.

However, if such is the case, it creates an untenable conflict with the ends of justice and the rights of Baker. In Peter B. Peterson v. STATE TEXAS (12/20/89), 1989, TX.41854; 781 S.W.2d 933, the court held that a prosecutor cannot be the sole initiator of a criminal prosecution, especially one where s/he would be the prosecutor in the matter, when the court stated:

“An information is a “primary pleading in a criminal action on the part of the State,” Article 27.01, V.A.C.C.P., a written pleading in behalf of the State drawn, filed and presented by a prosecuting attorney charging an accused with an offense that may be prosecuted under the law. Article 21.20, V.A.C.C.P. in order to “protect its citizens from the inherent dangers arising from the concentration of power in any one individual,Kennedy v. State, 161 Tex. Crim. 303, 276 S.W.2d 291 (1955) (Opinion on Motion for Rehearing, at 664), the Legislature precluded a prosecutor from presenting an information “until affidavit has been made by some credible person charging the defendant with an offense,” and also mandated, “The affidavit shall be filed with the information.Article 21.22, supra. Such an affidavit is, of course, a complaint within the meaning of Article 15.04, V.A.C.C.P. “In other words, a prosecuting attorney is not authorized to institute prosecutions in the county court upon his independent act or of his own volition.” Kennedy v. State, supra, at 294. One may not be “both the accuser and the prosecutor is misdemeanor cases.” Wells v. State, 516 S.W.2d 663, at 664 (Tex.Cr.App. 1974). Compare Glass v. State, 162 Tex. Crim. 598, 288 S.W.2d 522 (1956); Catchings v. State, 162 Tex. Crim. 342, 285 S.W.2d 233, at 234 (1955).

If the Indictment alone is to be considered the charging instrument, then where is the jurat required for verification? As none appears on the face of the instrument, the Indictment can only be presumed to serve as a mere presentment by the grand jury consequent to having either been provided with, or having themselves submitted to the prosecuting attorney for the state, a properly filed Complaint. So, whose affirmation is verified on the face of the Indictment?

In State of Texas v. Carroll Pierce the court held:

A valid complaint is a prerequisite to a valid information. Holland v. State, 623 S.W.2d 651, 652 (Tex. Cr. App. 1981). Without a valid complaint, the information is worthless. Williams v. State, 133 Tex. Crim. 39, 107 S.W.2d 996, 977 (Tex. Cr. App. 1937). A jurat is the certificate of the officer before whom the complaint is made stating that it was sworn to and subscribed by the Applicant before the officer. Carpenter v. State, 153 Tex. Crim. 99, 218 S.W.2d 207, 208 (Tex. Cr. App. 1949). A jurat is essential, for without it, the complaint is fatally defective and will not support an information. Shackelford v. State, 516 S.W.2d 180, (Tex. Cr. App. 1970). The jurat must be dated and signed by the official character. See 22 Tex. Jur. 3d, Criminal Law, Section 2266 at 490. Thus, a complaint not sworn to before any official or person in authority is insufficient to constitute a basis for a valid conviction. Nichols v. State, 171 Tex. Crim. 42, 344 S.W.2d 694, (Tex. Cr. App. 1961) (citing Purcell v. State; 317 S.W.2d 208 (Tex. Cr. App. 1958)); see also Eldridge v. State, 572 S.W.2d 716, 717, n.1 (Tex. Cr. App. 1978); Wheeler v. State, 172 Tex. Crim. 21, 353 S.W.2d 463, (Tex. Cr. App. 1961); Morey v. State, 744 S.W.2d 668 (Tex. App. 1988, no pet.). Even where the jurat on the complaint reflects that it was sworn to before a named person but does not show the authority of such person to act, the complaint is void. Johnson v. State, 154 Tex. Crim. 257, 226 S.W.2d 644, (Tex. Cr. App. 1950); Smola v. State, 736 S.W.2d 265, 266 (Tex. App. 1987, no pet.). The complaint is also void when the jurat contains no signature but only shows the office such as “County Attorney of Jones County, Texas.” Carter v. State, 398 S.W.2d 290, (Tex. Cr. App. 1966). When a jurat showed that the complaint had been sworn to before “Lavern I. McCann, Hockley County, Texas,” the complaint was insufficient to support the information. Carpenter v. State, 218 S.W.2d at 208-09. In the early case of Neiman v. State, 29 Tex. Civ. App. 360, 16 S.W. 253 (Tex. Ct. App. 1891), the complaint was sworn to before “Wm. Greer J.P.” It was held that the letters “J.P.” could not be inferred to mean Justice of the Peace and an official who had the authority to administer the oath.” (Emphasis added).

When a jurat on a complaint shows that the oath was administered to the Applicant by a party designated as county attorney but who in reality is an assistant county attorney, the complaint is void. Thomas v. State, 169 Tex. Crim. 369, 334 S.W.2d 291, 292 (Tex. Cr. App. 1960); see also Aleman v. State, 162 Tex. Crim. 265, 284 S.W.2d 719, (Tex. Cr. App. 1956); Stalculp v. State, 99 Tex. Crim. 279, 269 S.W. 1044, 1045 (Tex. Cr. App. 1925). When the assistant or deputy is authorized by law to administer the oath himself, he may not administer it in the name of his principal and may not certify that the principal administered the oath by and through him as an assistant. Goodman v. State, 85 Tex. Crim. 279, 212 S.W. 171 (Tex. Cr. App. 1919).” State of Texas v. Carroll Pierce (09/25/91), 1991.TX.41404; 816 S.W.2d 824. (Emphasis added).

If the instrument was prepared and presented to the grand jury by the prosecutor, who then is the actual accuser in the matter, and by what authority did the prosecutor initiate a prosecution solely by presentment of an already prepared Indictment or simply an oral presentation to the grand jury?

To avoid situations where the State stands as both accuser and prosecutor, procedures were put in place directing the grand jury as to how it would proceed through the course of an indictment. In the current cause, these procedures have been abridged in such a fashion so as to deny Baker in his fundamental due process rights, specifically, his right to know and face his accuser, right to an examining trial, and the right to challenge the array of grand jury members prior to their impanelment.

III-B
Retaliatory and Incorrect Charge.

Baker has previously objected to the Indictment due to it being facially invalid in that it alleges specific facts relative to the elements of the alleged offense that are patently incorrect and untrue. However, Baker was misinformed by not only his own attorney, but also by 83rd District Judge Robert Cadena (“Judge Cadena”) and 63rd District Court Judge Enrique Fernandez (“Judge Fernandez”), and local District Attorney Frederico Hernandez (“D.A./ D.A. Hernandez”) (who is also the initiator8 of this criminal allegation and the prosecutor in this matter), that the facts alleged in the Indictment don’t have to be exactly accurate in order to be valid. Baker believes this to be not only intentional misinformation as to the requisite accuracy and validity of the Indictment, but a knowing willful and wrongful effort to undermine his right of due process and “custom tailoring” of the facts that the prosecution must prove at trial. Baker remains steadfast in his objection that the Indictment alleges specific facts that the prosecution is fully aware are untrue and are exculpatory on their face.

On or about April 2, 2015, the contents of the court record were examined. At which time County/ Court Clerk Martha Allen faxed D.A. Hernandez an answer to a communication with the subject “Re: Request for Examining Trial” and stating what was currently filed in the court record.  At that time, five (5) items were in the court record; 1) Order appointing counsel, 2) Notice of withdrawal of appointed counsel, 3) Demand for an examining trial, 4) Demand to produce, 5) PR bond.


8As no criminal complaint appears to have ever been filed before D.A. Hernandez in this matter, coupled with his failure to properly prepare and present an information to the proper court or to the grand jury as required by the provisions of Article 2.03 of the Code of Criminal Procedure prior to his seeking and obtaining an indictment, it must be presumed that he alone is the person making a criminal allegation to the grand jury.

 

On April 13, 2015, Judge Cadena personally signed the order to reassemble the grand jury on May 12, 2015, at 9:00am, the same day as Baker’s previously scheduled examining trial, which was also scheduled for May 12, 2015, at 10:30am, and for which the order was originally signed on April 9, 2015, again, by Judge Cadena himself. Which proves that Judge Cadena was completely aware that Baker’s right to an examining trial was being violated by D.A. Hernandez in total disregard for the laws of Texas, and that Judge Cadena was acting in concert and collusion to aid and abet same. Making it no surprise that the only case heard by the grand jury on May 12, 2015, was Baker’s.

Furthermore, this provides enormously strong prima facie evidence that there was at least some degree of ex parte communication occurring between Judge Cadena and D.A. Hernandez’s office in relation to Baker’s case.

Baker further asserts that a charge under Penal Code Section 38.04 is unlawful and invalid in light of Section 545.421, Texas “Transportation” Code (“ “Transportation” Code ”) as being the more relevant and controlling statute,9 Section 38.04(d), Texas Penal Code, notwithstanding, as all events that led up to the existing allegation against Baker are a direct result of a knowingly willful and wrongful application of the “Transportation” Code to Baker and his private conveyance by the arresting officer in this matter, Trooper Weatherby.

As there is no actual indication that the Texas Legislature intended to supersede or repeal Section 545.421, “Transportation” Code by the later amendment of Section 38.04 of the Texas Penal Code to include Subsection (d), Baker should have been charged with a Class B misdemeanor under Section 545.421 of the “Transportation” Code and not a felony of the 3rd Degree under Section 38.04 of the Penal Code, provided any actual grounds exist for any charges against Baker at all. The provisions of Section 545.421, “Transportation” Code, is not a lesser included offense within Section 38.04, Penal Code,10 it is completely separate from, and almost identical in form and substance to, Section 38.04, Penal Code. However, Section 545.421 charges a substantially lesser penalty for what is a virtually identical offense.


9Section 311.026(b), Texas Government Code, “If the conflict between the general provision and the special or local provision is irreconcilable, the special or local provision prevails as an exception to the general provision, unless the general provision is the later enactment and the manifest intent is that the general provision prevail.” (Emphasis added).

10Farrakhan v. State, No. PD-1984-06 Tx.Ct.Crim.App (Mar 12, 2008).

Sec. 545.421. FLEEING OR ATTEMPTING TO ELUDE POLICE OFFICER; OFFENSE.

(a) A person commits an offense if the person operates a motor vehicle and wilfully fails or refuses to bring the vehicle to a stop or flees, or attempts to elude, a pursuing police vehicle when given a visual or audible signal to bring the vehicle to a stop.

(b) A signal under this section that is given by a police officer pursuing a vehicle may be by hand, voice, emergency light, or siren. The officer giving the signal must be in uniform and prominently display the officer’s badge of office. The officer’s vehicle must bear the insignia of a law enforcement agency, regardless of whether the vehicle displays an emergency light.

(c) Except as provided by Subsection (d), an offense under this section is a Class B misdemeanor.

(d) An offense under this section is a Class A misdemeanor if the person, during the commission of the offense, recklessly engages in conduct that places another in imminent danger of serious bodily injury.

(e) A person is presumed to have recklessly engaged in conduct placing another in imminent danger of serious bodily injury under Subsection (d) if the person while intoxicated knowingly operated a motor vehicle during the commission of the offense. In this subsection, “intoxicated” has the meaning assigned by Section 49.01, Penal Code.

(Emphasis added).

The “Transportation” Code version of the offense specifically stipulates “wilfully fails or refuses to bring the vehicle to a stop” within its provisions, a specific act and character of circumstance that is completely omitted from Section 38.04, Penal Code. These specific elements more closely reflect Baker’s self-protective actions with his private conveyance and the proper context of the March 23, 2015, incident with Trooper Weatherby than any of the provisions of Section 38.04, Penal Code.

Furthermore, as it was an alleged “transportation” offense that Trooper Weatherby was using as his alleged authority to perpetrate the crimes of unlawful restraint, false imprisonment, and official misconduct against Baker, without either reasonable suspicion or probable cause, then, it should be axiomatic that the “Transportation” Code specific offense is the only one that State could lawfully and legally apply to any legal “person” who allegedly “wilfully fails or refuses to bring the vehicle to a stop.”

It is also not constitutionally viable that the provisions of Section 38.04(d) would apply as an alternative method of prosecution in this matter, as that would mean that Baker, and others similarly situated, could potentially be charged twice using different levels of charges for virtually the same offense stemming from the same series of events, thus potentially creating a double jeopardy issue.

Furthermore, the very existence of Section 38.04(d), Penal Code, in simultaneous concert with the existence of Section 545.421, “Transportation” Code, creates a serious public notice and due process issue in that anyone charged with “eluding” would have no way of knowing which statue the State could or would try to apply and use to charge them, despite the appearance of a specific category of legal application based upon the subject matter context of the particular code under which the initial law enforcement contact arose, i.e. some Penal Code offense versus some “Transportation” Code offense.

This issue is then further compounded by what certainly appears to be an equal protection and application of the laws issue, where one person can be charged and convicted of a felony while another is charged and convicted of a misdemeanor for what factually and circumstantially amounts to virtually the exact same offense, but having very different levels of punishment.

As such, Baker, and anyone else similarly situated, are not being given sufficient notice of the actual charge being made against them so that s/he can prepare to defend against those allegations, and is being placed in the very real danger of being twice held in jeopardy for the same offense. Swabado v. State, 597 S.W.2d 361 (Tex. Crim. App. 1980); Amaya v. State, 551 S.W.2d 385 (Tex. Crim. App. 1977); U.S. Const amend. X, VI, and XIV; Tex. Const. art. I, § 10, § 15 and § 19.

This potentially makes either Section 38.04(d) of the Texas Penal Code, or Section 545.421, of the “Transportation” Code, unconstitutional on its face in light of the existence of the other.

In which case, the issue becomes even further compounded under the “cruel and unusual punishment” prohibitions of Article 1, Section 13 of the Texas Constitution, wherein it states “Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.” (Emphasis added).

Baker wonders how is it not cruel and unusual punishment to charge a man with a felony of the 3rd Degree or a Class B misdemeanor, or any crime at all, for acting in what he feels is in the best interest of his personal safety and welfare by seeking a public place where other people may act as witnesses to any and all unlawful and illegal acts that may be perpetrated by those with a presumed authority to harass, injure and kill with virtual impunity simply because they are a government employee?

Therefore, under the circumstances as they exist, Baker believes that he can and should only be indicted and charged under Section 545.421, “Transportation” Code,11 if any valid charge and cause for indictment against Baker legally exists at all.


11Azeez v. State, 248 S.W.3d 182; 2008 Tex.Crim.App.

III-C
Indictment Contains Elements Proving Innocence of the Alleged Offense.

Baker’s understanding of the elements of the allegation for which he has been indicted leads him to believe that there is a required element of the charge itself that proves fatal to the indictment and the criminal allegation in its entirety, and is actually exculpatory in nature, and serves to exonerate Baker of the alleged offense.

The charge for which Baker was indicted under Section 38.04(b)(2)(A) requires the element of a “vehicle” as being the means of “evading.” However, in Section 38.04(c)(1), the term “vehicle,” as used to commit the act of “evading,” is declared by Sec. 38.04(c)(1) to have the same meaning as the term “vehicle” defined under Sec. 541.201 of the “Transportation” Code. Section 38.04(c)(1) reads:

[(c)] In this section:
      (1) "Vehicle" has the meaning assigned by Section 541.201, 
          Transportation Code.

Texas “Transportation” Code Section 541.201(23) defined “vehicle” as:

[(23)] "Vehicle" means a device that can be used to transport or draw
       persons or property on a highway. The term does not include:
       (A) a device exclusively used on stationary rails or tracks; or
       (B) manufactured housing as that term is defined by Chapter 1201, 
           Occupations Code.

Considering the actual subject matter of the “Transportation” Code, and the definition of “vehicle” in Section 541.201(23) of that code, then a “vehicle” must be a device that not only can perform the functions defined within that term, but must also be actively in use for the purpose of “transportation.” And even if the state’s argument is that the term “vehicle” is to be given a general rather than specific meaning so as to make it applicable to any one or more of the specific types of devices listed within the entirety of Section 541.201 rather than only that of “vehicle” under Subitem (23) of that section, that does not change the subject matter context of the definition itself to apply to anything other than those devices being used to engage in “transportation.” Any device listed within Sec. 541.201 is legally a “vehicle” only when “transportation” itself is the business related activity for which it is being used by a “carrier,” “operator,” or “driver.”

This is a clear indication that the only manner of “vehicle” that can support the element of the alleged offense is one that has the same meaning, and therefore, the same legal subject matter purpose and use, as that found for the term “vehicle” in the “Transportation” Code. Thus, a device is only a “commercial/ motor/ vehicle” when it is being used for “transportation” by a “carrier,” “operator,” or “driver.” Which means that it should be perfectly clear that it is not the design or method of propulsion built into a device that makes it a “commercial/ motor/ vehicle” or that serves to make its use upon the public right-of-way an act of “transportation,” but rather, it is the existence of “transportation” that determines whether or not a device is legally a “commercial/ motor/ vehicle.” And this same standard holds true for “carrier,” “operator,” “driver,” or any other legally defined capacities or objects found within the “Transportation” Code. See Lozman v. City of Riviera Beach, Fla., 133 S. Ct. 735 (2013).

Therefore, the only type of “vehicle” that is statutorily acceptable in proving that element is one that the prosecution can prove beyond a reasonable doubt was being used for the purpose of “transportation” at the time of the commission of the alleged offense of “evading with a vehicle.” This means that the term “vehicle” does not simply mean anything with wheels or that moves under anything other than human power provided either with or without an engine, including, but not limited to, Baker’s private conveyance.

As Baker was never engaged in “transportation” as a “carrier,” “operator,” or “driver,” and there exists no substantive evidence that would prove otherwise, and Baker was not using his private conveyance as a “commercial/ motor/ vehicle” to engage in “transportation,” it cannot be lawfully or legally inferred that his private conveyance meets the statutory requirements and meaning of the term “vehicle,” thus, it fails to substantiate the charge against Baker. In fact, it completely disproves the element, thus legally negating the charge against Baker.

 

III-D
Violation of Baker’s Right to an Examining Trial
and to Challenge Grand Jury Array.

Baker was deprived of his due process rights when D.A. Hernandez sought a secret grand jury indictment prior to Baker receiving an examining trial, specifically, his right to know and face his accuser, to have an examining trial, and to challenge the array of grand jury members prior to impanelment.

The Texas Constitution – Article 1 – BILL OF RIGHTS
Section 10 – RIGHTS OF ACCUSED IN CRIMINAL PROSECUTIONS

In all criminal prosecutions the accused shall have a speedy public trial by an impartial jury. He shall have the right to demand the nature and cause of the accusation against him, and to have a copy thereof. He shall not be compelled to give evidence against himself, and shall have the right of being heard by himself or counsel, or both, shall be confronted by the witnesses against him and shall have compulsory process for obtaining witnesses in his favor, except that when the witness resides out of the State and the offense charged is a violation of any of the anti-trust laws of this State, the defendant and the State shall have the right to produce and have the evidence admitted by deposition, under such rules and laws as the Legislature may hereafter provide; and no person shall be held to answer for a criminal offense, unless on an indictment of a grand jury, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army or navy, or in the militia, when in actual service in time of war or public danger. (Amended Nov. 5, 1918.) (Emphasis added).

Baker never had any opportunity to head off this whole prosecutorial process through the presentation of exculpatory evidence at a proper examining trial or to challenge the validity of any alleged evidence in the state’s possession.  An examining trial is defined within Article 2.11 of the Texas Code of Criminal Procedure as follows:

Texas Code of Criminal Procedure by Article 2.11. [35] [62] [63] EXAMINING COURT.
When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court. (Emphasis added).

Baker has been indicted, bound to the court for trial, and yet, no one has made any valid Complaint against him. No credible person has presented any proper Complaint to any magistrate, and no court clerk has ever received any proper Complaint against Baker from the magistrate of an examining court. Neither has any clerk been affected with the legal duty to keep safe said Complaint and other documents resulting from an examining trial and then deliver them up to the next grand jury.

Baker has the right to ask “Who is Baker’s accuser?” And, at this point, D.A. Hernandez seems to think that it is the grand jury rather than himself, as he appears to hold the opinion that the grand jury could somehow act first as Baker’s accuser, and then, act as the presenter of an indictment, and may do both absent a properly formed and verified Complaint and the requisite accompanying Information that D.A. Hernandez is required by law to prepare, sign, and submit in his official capacity with said Complaint attached pursuant Article 21.22 of the Code of Criminal Procedure. D.A. Hernandez also appears to believe that the grand jury serves as the legal plaything of any governmental prosecutor such as himself, and can be compelled to act solely at his/her behest to “True Bill” an indictment. Apparently, Texas prosecutors now seem to have reached the erroneous conclusion that the need for a valid Complaint and Information prior to indictment and prosecution has somehow and at some point been discredited.

Furthermore, Baker was never afforded the opportunity to challenge the grand jury array prior to their impanelment, because the prosecutor for the state and the judge of the 83rd District Court conspired and colluded to get a grand jury indictment in secret and in direct willful and wrongful violation of Texas law and Baker’s right to make that challenge. In point of fact, Baker was denied access to any and all information as to the composition of the grand jury members until more than a year after the indictment was handed down, and has only recently managed to get the list of names so as to see who was part of the array that indicted him.

In this instance, Baker’s deprivation of the right to challenge the grand jury array resulted in an indictment by a grand jury whose foreman, and at least one other member as currently known, has a previous personal and official confrontational and disagreeable history with Baker. The grand jury foreman, Timothy Scott Mitchell (“T.S. Mitchell”), is Chairman of the appointed five-member board designated as the “Terrell County Underground Water Conservation District,” and was one of the main members responsible for numerous attempts to unlawfully and illegally convert or outright steal the private water rights of the People living there, to which Baker and many others very publicly objected and protested during confrontations at public meetings and personal discussions on the subject.

There is also the issue of many of the people of Terrell County, including, but not limited to Baker, that have also protested the numerous insider contracts and backroom deals to which several “important” persons of wealth and political power residing in or around Terrell County are party. And these potentially unlawful and illegal activities, at least some of which, if not actually all, are known to and ignored by local public officials, including District Judges Fernandez and Cadena, D.A. Hernandez, the Sheriff, and several others.

Another member of the grand jury, Terry Black, is the spouse of USBP Agent ‘Billy’ Black (“Agent Black”), who was the #2 USBP Agent-in-Charge in Terrell County when Baker reported several other USBP agents that were harassing him by repeatedly racing their USBP vehicles back and forth along Baker’s property and fence line for no apparent legitimate purpose, but rather to incite his dogs into a frenzy and panic his livestock. A friend of Baker’s, John Hagan (“Hagan”), reported this behavior to Agent Black while Baker listened in on the three-way conversation, a fact of which Agent Black was unaware when he repeatedly denied that his subordinates were terrorizing Baker’s animals. However, within minutes of Hagan informing Agent Black that Baker was listening at the same time he was watching Agent’s Black’s subordinates outside of his property, Agent Black’s subordinates suddenly ceased their actions and vacated the area.

Baker believes that it was his and other reports from the People of Terrell County alleging that Agent Black and his superior, USBP Agent-in-Charge Earnest Rodriquez (“AiC Rodriquez”), were “turning a blind eye” to this and even more egregious unlawful and illegal behavior by their subordinates, such as the destruction of private property, destruction of livestock fences, and criminal trespass. And Baker has good cause to believe that it was these actions and reports of supervisory and subordinate misconduct that eventually resulted in Agent Black’s reassignment.

Later, USBP Agent-in-Charge Thaddeus Cleveland (“AiC Cleveland”) was also involved in a previous attempt by USBP Agent Collier (“Agent Collier”) to perform an illegal “transportation” stop on Baker at a point upon the public right-of-way that is well beyond the vicinity of the Texas border or any border checkpoint, neither of which Baker had been anywhere near. At the time that Agent Collier engaged in the illegal attempt to seize Baker at his liberty without warrant or lawful authority, Baker had called 911 and advised them of the situation, and, instead of pulling over for the illegal stop, traveled to the Sheriff’s office before stopping. It was at that time that AiC Cleveland arrived on-scene and demanded that Baker get out of his van and go into the sheriff’s office, and Baker declined to do so. As they had no lawful authority to make a “transportation” stop on a Texas public right-of-way, both AiC Cleveland, Agent Collier, and approximately twelve other Agents, eventually left, but not without suffering the embarrassment of being told by one of the Sheriff’s deputies that they were acting unlawfully and criminally by what they had done in pursuing Baker with no probable cause and no legal authority.

Furthermore, Agent Black was one of the federal officers that blocked the public right-of-way in order to prevent Baker from reaching a publicly populated area of more relative safety on March 23, 2015, while pointing a loaded weapon at him. Which further leads Baker to believe that Black’s spouse, grand jury member Terry Black, might “have an axe to grind” with him.

Article 19.31(a), items 5 and 6 of the Texas Code of Criminal Procedure allows a challenge to a grand jury member as follows:

Art. 19.31. CHALLENGE TO JUROR.

(a) A challenge to a particular grand juror may be made orally for any of the following causes:

[5.] That the juror has a bias or prejudice in favor of or against the person accused or suspected of committing an offense that the grand jury is investigating;

6. That from hearsay, or otherwise, there is established in the mind of the juror such a conclusion as to the guilt or innocence of the person accused or suspected of committing an offense that the grand jury is investigating as would influence the juror’s vote on the presentment of an indictment;

(Emphasis added).

As detailed above, Baker had ample valid legal grounds to disqualify at least two of the grand jury members prior to impanelment, and potentially more. However, Baker could have most likely had the entire jury array disqualified under Article 19.31(a) item 6 due to D.A. Hernandez’s illegal use of hearsay witness testimony to obtain the Indictment, as set forth in specific detail in section III-E of this document.

Article 20.19 of the Texas Code of Criminal Procedure instructs the grand jury as follows:

Texas Code of Criminal Procedure Article 20.19. [391] [442-443] Grand jury shall vote.
After all the testimony
which is accessible to the grand jury shall have been given in respect to any criminal accusation, the vote shall be taken as to the presentment of an indictment, and if nine members concur in finding the bill, the foreman shall make a memorandum of the same with such data as will enable the attorney who represents the State to write the indictment. (Emphasis added).

How can ‘all the testimony’ be ‘accessible to the grand jury’ if the individual being accused is never given a chance to appear and make a rebuttal to the alleged facts being presented against him or her, or introduce mitigating or potentially exculpatory evidence against the allegation(s)?

These rights are essential to individual due process, and are precisely why the legislature very clearly intended that a prosecuting attorney not have the power to seek an indictment in secret. In the instant case, the prosecuting attorney somehow made a presentment to a grand jury without ever having a proper complaint or creating the requisite information. A prosecutor can bring a crime to the knowledge to the grand jury only when a complaint has already been made to a prosecuting attorney by someone other than themselves. Article 21.20, V.A.C.C.P. in order to “protect its citizens from the inherent dangers arising from the concentration of power in any one individual,” Kennedy v. State, 161 Tex. Crim. 303, 276 S.W.2d 291 (1955) (Opinion on Motion for Rehearing, at 664), the Legislature precluded a prosecutor from presenting an information “until affidavit has been made by some credible person charging the defendant with an offense,” and also mandated, “The affidavit shall be filed with the information.”

While Texas Code of Criminal Procedure Articles 2.04 and 2.05 authorize the prosecuting attorney to take complaints and issue oaths, nothing in law directs a complaint to a grand jury. All criminal complaints are directed to some magistrate. When a complaint is made before a prosecuting attorney, s/he can take the complaint but, s/he must file the complaint with a magistrate of the county as follows:

Art. 2.05. WHEN COMPLAINT IS MADE.
If the offense be a misdemeanor, the attorney shall forthwith prepare an information based upon such complaint and file the same in the court having jurisdiction; provided, that in counties having no county attorney, misdemeanor cases may be tried upon complaint alone, without an information, provided, however, in counties having one or more criminal district courts an information must be filed in each misdemeanor case. If the offense be a felony, he shall forthwith file the complaint with a magistrate of the county. (Emphasis added).

If a peace officer has knowledge that a crime has been committed, said officer’s course of action is directed by Texas Code of Criminal Procedure Article 2.13, which reads as follows:

Art. 2.13. DUTIES AND POWERS.

(a) It is the duty of every peace officer to preserve the peace within the officer’s jurisdiction. To effect this purpose, the officer shall use all lawful means.

(b) The officer shall:

(1) in every case authorized by the provisions of this Code, interfere without warrant to prevent or suppress crime;

(2) execute all lawful process issued to the officer by any magistrate or court;

(3) give notice to some magistrate of all offenses committed within the officer’s jurisdiction, where the officer has good reason to believe there has been a violation of the penal law; and

(4) arrest offenders without warrant in every case where the officer is authorized by law, in order that they may be taken before the proper magistrate or court and be tried.

(c) It is the duty of every officer to take possession of a child under Article 63.009(g).

(Emphasis added).

When a magistrate is made aware that a crime has been committed, s/he is required to hold an examining court in accordance with his/her duty under Texas Code of Criminal Procedure Articles 2.10 and 2.11, which read as follows:

Art. 2.10. DUTY OF MAGISTRATES.

It is the duty of every magistrate to preserve the peace within his jurisdiction by the use of all lawful means; to issue all process intended to aid in preventing and suppressing crime; to cause the arrest of offenders by the use of lawful means in order that they may be brought to punishment.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

Art. 2.11. EXAMINING COURT.

When the magistrate sits for the purpose of inquiring into a criminal accusation against any person, this is called an examining court.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.

(Emphasis added).

Once an examining trial has been held under Chapter 16 of the Texas Code of Criminal Procedure, and an order has been prepared showing that a determination of probable cause has been made by order pursuant to Texas Code of Criminal Procedure Article 16.17, the complaint that initiated the examining trial, the statement of the accused (if any), and all other documents are to be sealed up and sent to the clerk of the court having jurisdiction of the offense in accordance with Texas Code of Criminal Procedure Article 17.30, which reads as follows:

Art. 17.30. SHALL CERTIFY PROCEEDINGS.The magistrate, before whom an examination has taken place upon a criminal accusation, shall certify to all the proceedings had before him, as well as where he discharges, holds to bail or commits, and transmit them, sealed up, to the court before which the defendant may be tried, writing his name across the seals of the envelope. The voluntary statement of the defendant, the testimony, bail bonds, and every other proceeding in the case, shall be thus delivered to the clerk of the proper court, without delay. (Emphasis added).

The court will take notice that the statutes say nothing about a prosecuting attorney until the stage described in Code of Criminal Procedure Article 17.31. The clerks who are authorized to receive these documents are directed by Texas Code of Criminal Procedure Article 17.31 as follows:

Art. 17.31. DUTY OF CLERKS WHO RECEIVE SUCH PROCEEDINGS.
If the proceedings be delivered to a district clerk, he shall keep them safely and deliver the same to the next grand jury. If the proceedings are delivered to a county clerk, he shall without delay deliver them to the district or county attorney of his county. (Emphasis added).

By the above, in every case where a criminal complaint has been made, the complaint is originally directed to some magistrate, who is to hold an examining trial and forward the documents had in the hearing to the proper court.

There are two circumstances where this procedure could potentially be intentionally misinterpreted and bypassed, and they are contained in Texas Code of Criminal Procedure Article 20.09, which reads as follows:

Art. 20.09. DUTIES OF GRAND JURY.
The grand jury shall inquire into all offenses liable to indictment of which any member may have knowledge, or of which they shall be informed by the attorney representing the State, or any other credible person. (Emphasis added).

Because of the ambiguity of its language, Article 20.09 potentially could lead to an indictment without a criminal complaint ever having been filed. Were a grand jury to bring an indictment based on the personal knowledge of a grand juror or “some credible person,” it is conceivable that there would be no criminal complaint of record, as the grand jury members might not be aware of and understand the legal importance and necessity of a proper Complaint, making it the legal duty of the prosecuting attorney for the state to inform them of that requirement prior to an indictment. In such a case, however, the indictment could not be recorded in the minutes of the grand jury as contemplated by Texas Code of Criminal Procedure Article 20.22(b) which reads as follows:

Art. 20.22. PRESENTMENT ENTERED OF RECORD.
[(b)] If the defendant is not in custody or under bond at the time of the presentment of indictment, the indictment may not be made public and the entry in the record of the court relating to the indictment must be delayed until the capias is served and the defendant is placed in custody or under bond. (Emphasis added).

In order for a magistrate to issue a warrant of arrest and subsequently place an accused individual into custody or on bond as directed by Article 20.22 supra, there must already be a proper Complaint filed with that magistrate upon which to base the warrant as well as for the subsequent commitment order or to release him or her on bond. However, there is no Complaint in this case, just as there is no Information based upon said Complaint in the record.

Furthermore, the provisions of Texas Code of Criminal Procedure Article 19.27 serves to prevent a prosecutor from stacking a grand jury against an accused by granting any person the right to challenge the grand jury array prior to the jury being impaneled, or, if the grand jury is already impaneled, to challenge the array in a Motion to Quash Indictment (see Muniz v. State, 672 S.W.2d 804, 807 (Tex.Crim.App 1984)):

Art. 19.27. ANY PERSON MAY CHALLENGE.
Before the grand jury has been impaneled, any person may challenge the array of jurors or any person presented as a grand juror. In no other way shall objections to the qualifications and legality of the grand jury be heard. Any person confined in jail in the county shall upon his request be brought into court to make such challenge. (Emphasis added).

Article 19.27 is extremely specific about the fact that the composition of the grand jury cannot be challenged for either qualifications or legality after it has been impaneled. Which makes those opinions of the Texas Court of Criminal Appeals as discussed herein even more outrageous and egregious, as these opinions state that the right to an examining trial and to challenge the pre-impanelment composition of the grand jury is automatically denied to the accused if the prosecuting attorney for the state can manage to convince a district judge to secretly impanel a grand jury whereby the prosecutor may convince them to issue an indictment, and, thus, simultaneously deny the accused in both the right to an examining trial and to challenge the composition of the grand jury array before it can be impaneled. Especially when, as is the case here, no proper allegation of criminal activity by means of a verified Complaint and Information has ever been filed in the matter.

This is compounded by the fact that the language of Article 19.27 would appear to negate the ability to challenge the jury array and any subsequent indictment by means of a Habeas writ or a motion to quash the indictment, as at least some grounds for doing so will almost certainly pertain to the qualifications or legality of certain members of the grand jury directly.

Therefore, any challenge to the indictment after the fact would, as a matter of law, have to be automatically denied by the courts if the motion made any argument whatsoever that the indictment was improper solely for reasons relating to the legality or qualifications of the grand jury members that made and presented it. Which would mean that the accused individual’s right to due process could be shoved aside by the prosecutor stacking the secret grand jury with persons that have a private bias or vendetta against the accused or that are in any other manner disqualified from sitting upon the grand jury. And there is no recourse written into the law for the accused to obtain remedy for this harm. Nor can Baker locate any statutory authority for the courts to simply provide such alternative remedy without first declaring that provision of Article 19.27 unconstitutional as being a violation of due process.

To further prevent secret grand jury indictments, the Legislature enacted Texas Code of Criminal Procedure Article 16.01, creating a specific prohibition against the seeking of an indictment prior to giving proper, sufficient and timely notice to an accused individual that s/he may have need to avail him/herself of the other statutory right granted by Texas Code of Criminal Procedure Article 19.27, supra:

Art. 16.01. EXAMINING TRIAL.
When the accused has been brought before a magistrate for an examining trial that officer shall proceed to examine into the truth of the accusation made, allowing the accused, however, sufficient time to procure counsel. In a proper case, the magistrate may appoint counsel to represent an accused in such examining trial only, to be compensated as otherwise provided in this Code. The accused in any felony case shall have the right to an examining trial before indictment in the county having jurisdiction of the offense, whether he be in custody or on bail, at which time the magistrate at the hearing shall determine the amount or sufficiency of bail, if a bailable case. If the accused has been transferred for criminal prosecution after a hearing under Section 54.02, Family Code, the accused may be granted an examining trial at the discretion of the court. (Emphasis added).

In the 1967 case of Trussell v. State, 414 S.W.2d 466 (Tex.Crim.App 1967), without citing a single point of authority or any explanation for doing so, the Texas Court of Criminal Appeals rendered null and void the statutory right of an accused to an examining trial by nothing less than unlawful judicial fiat and legislating from the bench. The court effectually ruled that a prosecutor may do that which s/he is specifically forbidden by statute to do, and may secretly present to a grand jury the name of a person who has not been afforded the statutorily granted right to an examining trial or to receive proper, sufficient and timely notice of a potential indictment so as to exercise his/her right to challenge both the charging instrument and the composition of the grand jury array prior to the jury being impaneled, or, at the very least, to know the composition of the grand jury if they have already been impaneled so as to make a proper challenge to the array by means of a writ of habeas corpus and to the charging instrument by a motion to quash or set aside. An effort which Article 19.27 of the Code of Criminal Procedure appears to make null and void from inception.

Apparently, the justices comprising the Texas Court of Criminal Appeals at the time decided that they could rely upon United States Supreme Court rulings setting the minimum standards and requirements for federal examining trials, as the means to somehow nullify Texas law and the greater level of protections that the Texas Legislature had directly afforded the People in relation to such proceedings within the state.

Our Texas Court of Criminal Appeals has gone on to hold in the following cases that an examining trial is only available to the accused if the accused requests it, yet, no such language or inference exists in the statute. And it must be recognized that Baker did demand an examining trial, in writing, before any other actions were taken by anyone, including the seeking and obtaining of the secret Indictment. The Court has also held that only those charged with a felony have the right to an examining trial, but this simply cannot be true when examined under the microscope of substantive and procedural due process, as most misdemeanor cases are preceded by a warrantless arrest, which requires a probable cause determination all its own prior and in addition to the probable cause determination relating to the alleged offense(s) in a criminal matter. The rule-of-thumb being that, if the initial warrantless detention or seizure was itself unlawful, then, any evidence or statements discovered thereafter must be considered as “fruit of the poison tree,” and would then be inadmissible for the purpose of any subsequently related criminal allegation(s). Without an examining trial, just where, when, and how does someone accused of a misdemeanor ever receive the opportunity to challenge the facts and evidence against them for the purpose of preserving any appealable error on the record relating to the probable cause determination, or, potentially ending a criminal prosecution before it can ever begin?

Furthermore, as the examining trial is the only opportunity provided for in the criminal process whereby a determination of probable cause can be made by a neutral and detached magistrate, who is also the only person authorized by law to sign an order relating to a finding of probable cause, or for the purpose of signing an order of commitment to jail upon such finding, pursuant Texas Code of Criminal Procedure Articles 16.17 and 16.20 respectively, and as probable cause is a fundamental foundational pillar of both subject matter and in personam jurisdiction, a finding of probable cause at an examining trial can be nothing less than mandatory in order for any court to have the required jurisdiction to proceed in the matter and to protect the due process rights of the accused.

Therefore, as a matter of law, jurisdiction, and due process, it cannot be made the responsibility of the accused to request an examining trial, or that the courts can declare the right to such a trial shall be presumed waived by the accused if no such request is made, but, rather, it is actually a mandatory requirement upon the courts under the laws of Texas to set a date and time for that proceeding to take place and to ensure that it does. The basis for such reasoning is that an examining trial is the only proceeding set forth in Texas law for making a determination of probable cause by a neutral and detached magistrate relating to both a warrantless arrest and the validity of the allegations against the accused, and, therefore, it simply cannot be voluntarily waived by the accused, as probable cause goes to the two primary pillars supporting the State’s jurisdiction to sit in judgement of a matter, that of subject matter and in personam jurisdiction. The only reasonable and acceptable exception to this requirement would be a case where the accused voluntarily confessed to the crime(s) prior to the conducting of an examining trial, as that would satisfy both the probable cause and jurisdictional requirements without a judicial finding and order.

Further, there is no lawful authority or power vested in a grand jury, especially when being spoon-fed information of alleged criminal activity solely by the prosecuting attorney for the state, and without benefit of mitigating, contradictory, or presentation of exculpatory evidence by the accused or his/her counsel, to make any sort of probable cause determination. Indeed, it must be asked if it is even lawfully possible to qualify the members of a grand jury to make such a determination, as such determinations are lawfully and legally required to be made by a properly sworn neutral and detached judicial magistrate, although, considering the willful and wrongful violations of law being perpetrated by our Texas Courts in violation of the rights of the accused, it appears to be a moot point at this time.

What’s more, it should not even require an argument to undermine and deny any position that would argue that probable cause can be rightfully determined by the prosecuting attorney for the state any more than it would be to argue that they may initiate a criminal complaint of their own volition, regardless of the classification of the allegations involved and most especially when they are prosecuting the matter. ““In other words, a prosecuting attorney is not authorized to institute prosecutions in the county court upon his independent act or of his own volition. Kennedy v. State, supra, at 294. One may not be both the accuser and the prosecutor in misdemeanor cases.Wells v. State, 516 S.W.2d 663, at 664 (Tex.Cr.App. 1974). Compare Glass v. State, 162 Tex. Crim. 598, 288 S.W.2d 522 (1956); Catchings v. State, 162 Tex. Crim. 342, 285 S.W.2d 233, at 234 (1955). (Emphasis added, internal quotes omitted).

How then does an indictment serve as a lawfully and legally valid determination of probable cause in relation to the validity of both a warrantless arrest and any related allegation(s) of criminal activity that would serve as the means to validly and lawfully displace both the statutory requirement and due process need for a proper examining trial for any alleged criminal offense rather than just felonies alone? It contains no proper jurat requiring that it be signed under penalty of perjury as certifying the truth of the allegations made therein as a sworn criminal statement requires, and it does not require that the person signing it have any competent firsthand knowledge of the facts alleged. It is in every way legally possible insufficient as the basis for stating or making a probable cause determination or as the sole instrument of accusal.

The rulings in Trussell and later court opinions have had the undeniable effect of denying an accused individual in their right to an examining trial as specifically granted by statute, such right being nothing less than a requirement for both procedural and substantive due process rights to mean anything at all. These rulings further serve to chill or deny the accused in the due process right of preserving any appealable error that may be exposed relating to a finding of probable cause, impeachability of witness testimony, or the validity and admissibility of evidence. These rulings also destroy the individual’s right to challenge the grand jury array prior to impanelment. And the most egregious and detrimental effect of all, these rulings have unlawfully created judicial sanction and consent for both the lower courts and prosecutors statewide to engage in criminal violations of state law, specifically, Texas Penal Code Secs. 39.02 and 39.03, which reads as follows:

Sec. 39.02. ABUSE OF OFFICIAL CAPACITY.(a) A public servant commits an offense if, with intent to obtain a benefit or with intent to harm or defraud another, he intentionally or knowingly:
(1) violates a law relating to the public servant’s office or employment; or
(2) misuses government property, services, personnel, or any other thing of value belonging to the government that has come into the public servant’s custody or possession by virtue of the public servant’s office or employment.
(b) An offense under Subsection (a)(1) is a Class A misdemeanor.
(c) An offense under Subsection (a)(2) is:
(1) a Class C misdemeanor if the value of the use of the thing misused is less than $100;
(2) a Class B misdemeanor if the value of the use of the thing misused is $100 or more but less than $750;
(3) a Class A misdemeanor if the value of the use of the thing misused is $750 or more but less than $2,500;
(4) a state jail felony if the value of the use of the thing misused is $2,500 or more but less than $30,000;
(5) a felony of the third degree if the value of the use of the thing misused is $30,000 or more but less than $150,000;
(6) a felony of the second degree if the value of the use of the thing misused is $150,000 or more but less than $300,000; or
(7) a felony of the first degree if the value of the use of the thing misused is $300,000 or more.
(d) A discount or award given for travel, such as frequent flyer miles, rental car or hotel discounts, or food coupons, are not things of value belonging to the government for purposes of this section due to the administrative difficulty and cost involved in recapturing the discount or award for a governmental entity.
(e) If separate transactions that violate Subsection (a)(2) are conducted pursuant to one scheme or continuing course of conduct, the conduct may be considered as one offense and the value of the use of the things misused in the transactions may be aggregated in determining the classification of the offense.
(f) The value of the use of a thing of value misused under Subsection (a)(2) may not exceed:
(1) the fair market value of the thing at the time of the offense; or
(2) if the fair market value of the thing cannot be ascertained, the cost of replacing the thing within a reasonable time after the offense.

Sec. 39.03. OFFICIAL OPPRESSION.
(a) A public servant acting under color of his office or employment commits an offense if he:
(1) intentionally subjects another to mistreatment or to arrest, detention, search, seizure, dispossession, assessment, or lien that he knows is unlawful;
(2) intentionally denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity, knowing his conduct is unlawful; or
(3) intentionally subjects another to sexual harassment.
(b) For purposes of this section, a public servant acts under color of his office or employment if he acts or purports to act in an official capacity or takes advantage of such actual or purported capacity.
(c) In this section, “sexual harassment” means unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, submission to which is made a term or condition of a person’s exercise or enjoyment of any right, privilege, power, or immunity, either explicitly or implicitly.
(d) An offense under this section is a Class A misdemeanor, except that an offense is a felony of the third degree if the public servant acted with the intent to impair the accuracy of data reported to the Texas Education Agency through the Public Education Information Management System (PEIMS) described by Section 42.006, Education Code, under a law requiring that reporting. (Emphasis added).

The simple elements constituting criminal violations of the above Penal Code statutes make the denial of an examining trial by our prosecutors and courts nothing short of an ongoing criminal conspiracy and criminal enterprise under Title 18 of the United States Code and state law.

In the instant case, it had to be clear to the presiding judge that the Indictment had been presented to the court in violation of Texas Code of Criminal Procedure Article 20.22, that the prosecutor had presented a person to a grand jury for indictment that the prosecutor knew full-well had been denied the rights granted by Texas Code of Criminal Procedure Articles 16.01 and 19.27. The violation of Articles 20.22 and 19.27 were accomplished by the denial of the right to an examining trial in violation of Art 16.01.

The court opinions on this subject are not only wrong as a matter of law and a complete lack of constitutional authority to make such rulings, but are blatantly criminal in their hubris and utter disregard of an accused individual’s constitutionally and statutorily protected rights, are a violation of the separation of powers clause under Article 2 of the Texas Constitution, are a violation of properly enacted procedural law under the Code of Criminal Procedure, and directly violate the fundamental individual right to due process of law rather than merely the rule of a group of men and women operating through a judicial and prosecutorial collusion and consensus as to how they want it to work.

How is it anything less than an “unreasonable” act of sedition to have judges sitting upon the bench in the highest criminal court in Texas that have unilaterally declared the judicial department to be totally superior to the legislative in determining what legislation it will follow and what legislation it will simply choose to disregard in relation to criminal procedure and the legislatively protected rights of the accused? Is this behavior not the very thing that the courts are presuming to be unlawful and illegal acts by those appearing before them for prosecution and appeal? Where is even the appearance of judicial integrity, competency, fairness, and impartiality in that? Is the argument that the legislature actually has no power to enact laws to dictate certain procedures for the courts to follow or to protect the rights of individuals caught up in the criminal judicial process? If so, then why not simply declare the statute unconstitutional rather than just criminally ignoring it or legislating from the bench to rewrite it in accordance with judicial and prosecutorial perspectives and desires? What the Court of Criminal Appeals has done in these opinions is to declare that the Court itself is not only above the law, but above the legislature as well, and it has the power and authority to sanction and protect knowingly criminal violations of law and other criminal acts perpetrated by the lower courts and state prosecutors against the people of Texas. This is an unconstitutional oligarchy in action, and this oligarchy is committing sedition and treason against us all.

No reasonable person of ordinary prudence can read Article 16.01 and construe it as anything other than a prohibition specifically preventing a prosecutor from seeking an indictment until the accused has been given notice and opportunity for an examining trial where s/he can obtain a proper determination of probable cause for any warrantless search or seizure of his person or property, present exculpatory evidence, question witnesses, and obtain a legal determination as to what evidence will be admissible at trial and on questions of law. This exculpatory evidence would then be available to any subsequently impaneled grand jury under the dictates of Texas Code of Criminal Procedure Article 2.01, which reads as follows:

Art. 2.01. DUTIES OF DISTRICT ATTORNEYS.
Each district attorney shall represent the State in all criminal cases in the district courts of his district and in appeals therefrom, except in cases where he has been, before his election, employed adversely. When any criminal proceeding is had before an examining court in his district or before a judge upon habeas corpus, and he is notified of the same, and is at the time within his district, he shall represent the State therein, unless prevented by other official duties. It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing the innocence of the accused.
Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722.
Amended by Acts 1981, 67th Leg., p. 801, ch. 291, Sec. 98, eff. Sept. 1, 1981.

(Emphasis added).

And once it is determined, and notice has been given, that a grand jury is to be impaneled to hear a complaint against the Accused for the purpose of indictment, the Accused could then exercise his or her right to an opportunity to challenge the grand jury array.

Had Baker been allowed access to the full protections and due process rights contained in the constitutions and laws, the full sets of facts and evidence relating to any allegations of criminal conduct by Baker would have been available to the grand jury. And, if such facts and evidence proved exculpatory or as an affirmative defense, then, it is almost certain that no indictment would have ever happened and no criminal prosecution commenced.

The case law makes it clear that everything involving the Texas Court of Criminal Appeals unlawful and illegal denial of an examining trial to an accused individual evolved from Trussell. Trussell and its progeny, Ash v. STATE, 420 S.W.2d 703 (1967), Murphy v. STATE, 24 S.W.2d 231 (1968), Bryant v. STATE, 423 S.W.2d 320 (1968), Ward v. STATE, 427 S.W.2d 876 (1968), Harris v. STATE, 457 S.W.2d 903 (1970), Brown v. STATE, 475 S.W.2d 938 (1971), Whittington v. STATE, 781 S.W.2d 338 (1989), and others, as precedent, are totally worthless, as each and every one of the resulting opinions directly sanctions the willful and wrongful violation of state law and the due process rights of the accused by every court and prosecutor statewide.

III-E
DISTRICT ATTORNEY HERNANDEZ WILLFULLY AND WRONGFULLY
PRESENTED HEARSAY TESTIMONY TO THE GRAND JURY.

In direct violation of the spirit and intent of Article 19.31(a) item 6, D.A. Hernandez allowed one Amanda Herman (“Ms. Herman”) to provide, at best, hearsay testimony, and at worst, suborned perjurious testimony, to the grand jury regarding the alleged facts surrounding the events of March 23, 2015, and the criminal allegations against Baker.

The problem with Ms. Herman’s testimony is that Ms. Herman has no competent firsthand knowledge of any of the related and relevant facts involving Baker, as she was not present at any time or at any of the actual locations during any of the events and incidents that occurred during the entirety of March 23, 2015.

Therefore, how could Ms. Herman have taken an oath to provide factual and truthful answers to any inquiries made by members of the grand jury in relation to facts that might result in an indictment allegedly relating to a crime of which she neither had nor has any personal knowledge?

How is it that D.A. Hernandez can use hearsay testimony to obtain a grand jury indictment while causing Baker to be denied even the semblance of fairness and impartiality, as well as subverting Baker’s right to an examining trial and grand jury challenge that would have potentially made Ms. Herman’s ‘testimony’ irrelevant and inadmissible to even a ‘stacked’ grand jury like this one, or, for that matter, an opportunity to appear before the grand jury himself so as to provide rebuttal facts and evidence refuting Ms. Herman’s statements and alleged facts?


IV.
EXERCISE OF RIGHT TO DEMAND RELIEF.

Due to the conflicting classifications of the alleged offense, and of the facts relative to the different classifications and subject matter of the allegations in the Indictment, Baker is being charged and indicted under the wrong code and statute. And given Trooper Weatherby’s complete lack of probable cause to detain or arrest Baker for any “transportation” related offense whatsoever, including that of allegedly “speeding” at the time and place of initial contact, and in conjunction with the other factual and statutory information of which the court must take judicial notice as provided herein under Rule 201, Texas Rules of Evidence, it is Baker’s assertion that the Indictment does not provide adequate notice of the charges against him such that he can adequately prepare for trial, be protected from being twice held in jeopardy for the same conduct, and to be adequately informed of which law applies to his case, in violation of his rights pursuant to the Fifth, Sixth and Fourteenth Amendments of the United States Constitution and Article I, Sections 10, 15 and 19 of the Texas Constitution.

WHEREFORE, Baker moves that the Court quash the Indictment, and, if either instrument actually exists as required by law, to also quash the Complaint and Information against him, and to so provide a written order that each of these instruments be quashed and this case dismissed with prejudice.

Respectfully Submitted,
_____________________________
Jan Patrick Baker, Sui Juris




CERTIFICATE OF SERVICE

This is to certify that a true and correct copy of the foregoing Motion to Quash Indictment was Faxed to the attorney for the State on October 21, 2016, at Fax Number 830-775-0352

_____________________________
Jan Patrick Baker, Sui Juris





CAUSE NO(s). 742
THE STATE OF TEXAS, § IN THE DISTRICT COURT OF
Plaintiff, §
v. § TERRELL COUNTY, TEXAS
§
Jan Patrick Baker, § 63rd JUDICIAL DISTRICT
Defendant in Error. § DUNS number: 006848369
§

ORDER

On this day came on to be heard Defendant’s Motion to Quash Indictment. The Court, having considered the motion and argument of counsel, it is hereby ordered that

_____ the Indictment is quashed ____ with/ ____ without/ prejudice; and
_____ the Information is quashed ____ with/ ____ without/ prejudice; and
_____ the Complaint is quashed ____ with/ ____ without/ prejudice; and
_____ the case is dismissed ____ with/ ____ without/ prejudice.

SIGNED this _____ day of ______________________, 20_______.

 

_______________________________
JUDGE PRESIDING


Word documents relating to this Motion and the case in general:

motion-to-quash-indictment-published-on-blog

motion-to-disqualify-63rd-district-judge-fernandez

motion-to-disqualify-83rd-district-judge-cadena

notice-of-jennings-reservation

jennings-reservation-information

indictment-pg1

indictment-pg2

dps-affidavit-warrantless-arrest-weatherby

“You’ve Got Mail”

Well, this was an interesting email that I got today.

It appears to be from the Chief of Police of the Sea Gate Police Department in Brooklyn NY.

http://www.seagatepolice.com

His email to me reads:



 

Mr Craig

 I just watched one of your videos giving advice to persons stopped by the police. I am in law enforcement and with all due respect sir you have oversimplified a lot of points. What you are advising almost guarantees that persons who follow this will end up being arrested for minor traffic offenses. Even if they record some mistake and sue for a settlement it could take years. Consider the legal costs, time in court and anguish it could cause as opposed to a traffic fine? Im sorry but I don’t see the risk as viable. I am all for individual rights at every possible turn but you should advise people what a court battle and civil lawsuit look like before they attempt this. There is a fellow on youtube who made a similar stand and I just watched his video about being 30k in debt due to legal fees. I am sorry sir but I see this as reckless advise.

 Sincerely,

 Jeff Fortunato



Apparently, someone sent him a link to a YouTube video of my 2.5 hour presentation on InfoWars.com titled “Secrets Police Don’t Want You to Know.”

Please note, I replied with the utmost care to address his issues with my information in a respectful and detailed manner. And I would ask that any of you reading this that contact his department in relation thereto would also try to be respectful and work toward mutual support of our rights instead of making enemies that want to try and further destroy them.

Thank you.

My response was this:



 

Hi Chief, and thank you for the email.

I do understand your point and perspective as to my advice to set up a case and sue for rights violations at these unlawful traffic stops, but, with all due respect, I would please ask that you also keep an open mind about my explanation for the alternatives to that advice and why I chose to give the advice that I did instead.

By continuing to comply with unlawful municipal, county, and state legislative edicts that are not only unconstitutional when applied to the people, but also constitute unlawful harassment and a reckless endangerment of the public at the hands of its officers, it is our law enforcement agencies that are the greatest threat and source of wrongs perpetrated against the People today. Officers are far too egocentric, mentally unstable, and too willing to blindly follow any and all orders and edicts that they are given, regardless of the potential extreme danger and injury those orders might represent to the People that the officers are supposed to protect and serve.

Of course I realize that this is just one of the inherent dangers of having a politician for a boss rather than someone that understands and cares about individual rights and such other nuisances regardless of the orders being given, and that it doesn’t solve the problem, it only exacerbates it. But in this case, you would appear to be the man at the top if your title is any indication. So the process that exists and the harm it causes to the People must either be continued or stopped by you.

Of course, all of these laws and petty edicts made by the politicians are all made to look like a public safety, health and welfare effort, but you and I both know that it has almost nothing to do with public safety and almost everything to do with revenue generation through brute force extortion. Extortion effectuated by the very law enforcement officers that are supposed to be protecting the public from and arresting any mafia thugs and extortionists that promise protection for a not-so-small percentage of someone’s profits. Which, if you were to take a truly honest look at what it is you and your officers do, you would have to admit that this is precisely what your agency is used for and what it spends the majority of its time doing, acting as enforcement muscle for the racketeering politicians against the People.

Which means that law enforcement officers not obeying their oath to uphold and defend the constitution as they swore to do above all other things, which not only alienates them from the People by being willing to follow these unlawful edicts that perpetrate fraud and extort the public, but by also refusing to acknowledge that revenue generation is more important than serving and protecting the public rather than the corporate entity called the City or State of …. .

I am sure that you have heard the old saying “what if they held a war and nobody came,” well, I would like to ask, “what if they gave an order, passed a law, or made a threat to punish, and nobody obeyed?”

I gave the advice I did in the video because it is really the only thing remaining to the people to get back control of our totally out of control government before we have to resort to something much worse to do so.  Of course, guys in your position could already be doing something about it, but you aren’t. You are shifting the blame for the only remaining solution we the People have to me because I said to fight back from a court room instead of with the right to keep and bear arms. Why do you think there is such a continuous assault on the right to keep and bear arms as an individual right? It is because we can still use those arms to resist these abuses and to fight to get back what we are rightfully entitled to as a People, true and honest freedom and respect for individual rights and liberty.

Now ask yourself, if you would, why would I give the advice that I did if not for any other reason than to prove that we the People have tried every other means available to us before having to do the other?  I completely agree that going to court is both time consuming and expensive, and most likely a waste of time considering how corrupt the practice has become against the People, especially when having to pay a professional thief for his or her assistance.  Which is why I also try to teach people how to minimize that expense by learning to pursue the actions on their own without resorting to an attorney.

But that too has it problems, considering that no law enforcement officer in any law enforcement agency or any county or district attorney will take or act upon a criminal complaint against a fellow officer or other public official for the crimes that they commit against we the People on a daily basis, despite the fact that they ALL have a sworn duty to do so.

For instance, if I came to you personally and tried to file criminal charges against one of your officers for an actual crime that I saw him commit, would you treat me fairly, take the complaint, and investigate and charge the officer once the allegation was proven true, or, would you seek to justify the officers criminality and try to talk or threaten me out of making the complaint in the first place?  And in that scenario, which of us would be behaving more recklessly, me for trying to report a crime, even though it was committed by a law enforcement officer, and to have it addressed through proper channels; or would it be you for trying to cover it up and sweep it under the rug to cover the officers ass as well as your own?  How does someone in this situation ever get remedy or see that justice is done if the latter ending to the scenario is the most often chosen by those in public office?

So, in all honesty, which would you consider to be more reckless:

  1. telling people to just suck it up and keep taking the unlawful and unconstitutional abuses heaped upon us each and every day without end?; or
  2. learn to use the courts to fight back on your own both using and against a corrupt system that is already rigged against you and from which you cannot expect any help from those whose lawful and legal duty it is to provide it?; or
  3. get your guns people, and shoot to kill, because we have no other viable option any longer to regain control of our government and those that are willing to kill any one or more of us in order to protect the criminal status quo and their paycheck?

All of these are viable in some form or other, and I chose to try the one last ditch effort to get remedy without violence. And the irony of it is is that I don’t necessarily think it is actually a viable or best option at all considering the state of things, because I believe that those in places of power and authority are too far gone on their own power trip to see the writing on the wall or to listen to reason.

So, while I honestly understand your point and perspective, I have a hard time accepting your advice as useful, because I have no indication of the kind of officer you are or how you run your department. But, if I had to guess based upon the content of your email, I would have to say that you are just as willing to go along to get along as those that I have described, regardless of the violations to the rights and property of the people, and all just to maintain your position and get your pension. Am I wrong?

My whole life all I wanted to be was a Texas Ranger, and it is why I became a deputy sheriff, to work my way up. But I soon learned that those that are supposed to be the protectors against the exercise of arbitrary and dangerous power are often the worst offenders and abusers of it.  The Sheriff I was working for, and many of those in supervisory positions over me, were actually worse criminals than almost anyone we had locked up in the jail. And when I tried to speak out and expose it, I was the one that was gotten rid of. And I saw much much more abuses of a similar nature all through my 14 years of military service.

So I have some experience with such things and such people. And I got out of those things because I made a choice to be a better human being and started saying no to the things that I saw going on then and still see going on and worsening today. But it made me realize and choose what I was willing to do and believe in. I could sell my soul, play politics and let the bad things slide to get ahead, or I could stand up and say “NO!,” and refuse to support everything that I knew in my heart to be wrong about what peace officers had already become and were in great danger of eventually becoming. And those fears have been realized within the last dozen years.

Therefore, if you think the advice I gave was bad, try considering the alternative solutions that we the People have to choose from, and then tell me, which one would you prefer I give at this point in time and under the conditions of hostility that exist on both sides for no other reason than both want the other side to stop doing what they are doing to each other, some of whom have realized that they are just being played against each other by those controlling the system under which we both must find a way to live. Then, if you can decide that walking away is better than being a part of something that destructive to individual rights, liberty, freedom, and humanity as a whole, then we can talk about my choices and advice from a more relative and similar experience and perspective.

Again, thank you for the email.



 

See, completely respectful!  But now we have to wonder, did it actually do any good?  If I get any further reply I will add it to this post, so follow it if you wish to read those updates should any come to light.

Court – We’ve Won Another One!

Okay, the documents from this win is IN ADDITION TO the previous win that I announced, although it IS relating to the same individual as the previous win.

The statutes don’t lie, unlike the cops, attorneys, and courts. And like any other board game, if they can control the rules, they can control the game. So DON’T let them control the rules.  OBJECT to ANY deviation from the prescribed rules of procedure, EVEN if they have “case law” that allegedly sanctions their actions.

When my pleadings for the felony case are completed, I will be posting them in their ENTIRETY for all to see and study, because they will tell you a LOT about the total corruption that IS the judicial and Bar system.

And by the time you are done reading them, it is my hope that no attorney or judge on the planet will ever again feel safe about showing his or her sorry corrupt face outside of their door or walking down the street, because I am going to be exposing them for the rotting scumbags they are.

 

beardsley-carl-001

beardsley-carl-002

Attorneys – The Unqualified Stupidity of “Qualified” Immunity.

The very concept of “qualified immunity” for public officials borders on utter lunacy, especially when it involves “law enforcement” officers. Only another group of government officials, and all of them attorneys no less, could come up with the concept of “qualified immunity.” Seriously?

The true conceptualization for “qualified immunity” is fairly simple, being ignorant and stupid is an asset when serving in public office, therefore, establish a legal mechanism that does not exist in American history or written law, because it is created entirely out of thin air by the  modern judiciary, and whereby a public servant can claim susceptibility to either condition when they screw up, and then be free from the otherwise serious consequences and accountability for their actions, in contradistinction of that course of action to which we the peons from whom they steal their paychecks and pensions are subjected.

The general idea behind the concept is that, a public officer or employee cannot be held accountable for any wrongdoing if s/he allegedly acted in good faith reliance upon the orders or information s/he receives from a superior or a/n un/written policy manual.

I know, right? I can literally see and hear the confusion in your eyes and mind on this perspective point. “You mean, if a government employ, including a police/law enforcement officer, didn’t violate some policy that we don’t even know about, s/he isn’t actually guilty of any wrongdoing, even criminal wrongdoing, when they act to wrongfully injure someone or their private property?” Yep, that is exactly what I mean.

Which leads me to ask these related questions, even if it is for no one other than myself:

  • Is there any chance at all perhaps, that the damned policy itself is actually wrong and unconstitutional on its face?
  • And why aren’t these minion idiots required to understand and know when that policy is directing them to do something, anything, that is unconstitutional and unlawful, or even illegal?
  • Why is blatant stupidity and willful ignorance a defense for public servants while honest ignorance or outright innocence is no excuse at all for we the People?
  • Is there also a better than average chance that the psychotic idiots (that would be the attorneys running the courts that I mentioned before) that are responsible for the creation and continuance of this criminally insane doctrinal policy are actually wrong, and simply don’t give a crap about you, me, or our rights and property within the grand scheme of things, which is that they get richer and more powerful while we the People get poorer and more submissive?

What the hell happened to the requirement of having and using one’s own brain in order to do this or any other job? Isn’t a functioning brain somewhat of an asset, and actually a fundamental requirement for a person to be considered a viable productive and trustworthy individual and member of society, or, for that matter, to even be left alone and free to wander around on their own totally unsupervised? Since when did it become the norm to arm paranoid psychotics with handcuffs, body armor, a club, a portable electroshock therapy device, a loaded weapon, and permission to use any or all of it against anyone whenever they “feel threatened?” And the courts think that setting this sort of standard under the umbrella of “qualified immunity” is somehow a benefit and protection for society and the rights of individuals? Think about that for a second… and then repeat after me, “You seriously delusional mentally incompetent fucktards!”

Is it somehow even a remotely reasonable and credible concept that a public servant doesn’t really know, assuming the existence of an actually functioning brain, when s/he is doing something wrong to other persons or property without someone higher up in the chain of command having to tell him/her that they’ve done so? Aren’t they supposed to already be qualified to know and understand the concept of right and wrong before they got a job that put a shitload of abusable power and authority into their hands, not to mention a loaded weapon with real bullets? Really? They are actually incapable and don’t really understand when they are acting wrongfully against an individual in violation of their rights and property? WTF?

Isn’t there a couple of well-known psychological conditions that describe this particular type of behavior and mental disorder, the two being what we have come to know as the psychopath and sociopath? What characteristics do these disorders share in common, which is really the main concern in asking the question in the context of this writing? Well, it’s sorta’ like this:

The common features of a psychopath and sociopath lie in their shared diagnosis — antisocial personality disorder. The DSM-51 defines antisocial personality as someone have 3 or more of the following traits:

  1. Regularly breaks or flouts the law
  2. Constantly lies and deceives others
  3. Is impulsive and doesn’t plan ahead
  4. Can be prone to fighting and aggressiveness
  5. Has little regard for the safety of others
  6. Irresponsible, can’t meet financial obligations
  7. Doesn’t feel remorse or guilt

 In both cases, some signs or symptoms are nearly always present before age 15. By the time a person is an adult, they are well on their way to becoming a psychopath or sociopath.[1]

Does this list contain three or more traits that you can readily associate with any of the current-day governmental profession(s) existing in America?

So, I think a few fair and legitimate questions would be:

  • “Why the hell aren’t all public servants mentally evaluated with the intent of determining the existence of these traits, starting with their early childhood? Especially law enforcement officers, and any attorney. Any attorney occupying any job at all!
  • And if the individuals that seek employment in any of these fields already are being so evaluated, then why do we and should we trust psychology as a valid profession and practice for making such determinations, considering the number of morons within our public offices and the justice system that have obviously been overlooked or slipped by?
  • Just how frickin’ reliable can this so-called “science” and “profession” really be with this many mistakes and oversights to its credit?”

Can you imagine how the Nuremberg trials would have been handled if the doctrine of “qualified immunity” had been around and the panel of judges and the jury were all Nazis or Nazi sympathizers, just like the ones that we have today? “Zee dere! He vas jost following orders! Nein! Nein! We cannot let a man be sued, or convicted und punished or imprisoned for a crime vhen he vas simply following orders from his superiors now can we? Vhat? Ach du himmel, der Fuhrer actually had zee written policy? Zee Gestapo had zee policy too? Those policies said zhat all of zis vas uhndkay as long as zee soldiers did everyzing in accordance with zee policies? Wunderbar!! We cannot convict! Zee cases are dizmissed!!

What did you get me for Christmas this generation Santa? OH, wow! Just what I’ve always wanted, an American justice and governmental system that would make the character in “American Psycho” look normal and Adolph Hitler proud.



Footnotes:

[1] PsychCentral.com – World of Psychology article “Differences Between a Psychopath vs Sociopath.”

Rights – WTF Does the Constitutional Prohibition Against “Unreasonable” Even Mean Anymore?



Before you become embroiled with the details of this article, please take the time to ask yourself one very important question, and keep it at the forefront of your mind the whole time you are reading so you may contrast its implications with the totality of information herein; “why do you think it is that the entirety of the United States and state Constitutions, as well as the concepts and importance of every individual’s inherent and fundamental rights and liberty as ensconced within the history of our earliest American law, are not being taught to our children throughout their entire educational process?



For Whom the Bell Tolls

Our state and federal courts constantly extol the opinion that a warrantless arrest must be “reasonable” and not “unreasonable” without clarifying what the Founding Fathers and our history understood the terms “reasonable” and “unreasonable” to actually mean at the time of the Constitution’s writing, because they certainly seemed to dislike things they considered to be “unreasonable.”

When King George assented to the Tea Act on May 10, 1773, the colonists thought the King’s new revenue law levying an additional two cent tax (yes, 2¢) to be “unreasonable,” resulting in the “Boston Tea Party.” The “tea party” became a positive symbol and nationally recognized event glorifying the American ideal and zest for freedom and liberty in what was once our founding glory of challenging overzealous authority.

When King George’s magistrates were given the authority to create criminal laws and penalties for virtually any petty offense that they wished so as to intimidate and subjugate the colonists and raise revenue for the King, they immediately corrupted intent of the law by the practice of using it to line their own pockets and enrich themselves at the expense of the individual colonists. And when the grumblings of the colonists became too loud and forceful, the King’s magistrates and their minions sought his blessing to totally disarm the entire colonial population, except themselves of course (does this all sound familiar in relation to today’s attempts by government to enact gun control laws that would let them disarm the American people?).

But, the colonists themselves didn’t see any of these actions as being “reasonable,” and that triggered a war that founded a nation of freedom loving individuals that vowed and intended to never allow that kind of abusive and pervasive authority to ever exist over or among them again. A war that also culminated with the constitution of every sovereign republic containing a permanent prohibition outlawing any and all forms of Bills of Attainder, and by direct association, all Bills of Pains and Penalties. Every state constitution also forbade the enacting of ex-post facto laws as well. All of which our courts seem hell-bent-for-leather in allowing our legislative and executive departments to permanently reestablish as a part of the American way of life using even the flimsiest of legal logic and judicial reasoning.

The Concept of “Unreasonable” is Subject to Individual
Perception of the Parties, of Which Only the People’s
Legitimately Matters and is Controlling.

Therefore, the question must be asked; when it comes to resisting an unlawful arrest using a “reasonableness” standard, why are the opinions so blatantly against the rights of the People “to be free from unreasonable searches and seizures” when they resist unconstitutional, unlawful, and illegal acts by state officials? Are unlawful acts only unreasonable or illegal when perpetrated by someone outside of governmental authority? Are crimes only criminal when committed by non-state actors? This country was founded entirely upon the concept of the right to resist any presumption or exercise of authority that unjustly infringed upon or destroyed individual rights or property, regardless of the alleged source of the authority to commit such infringements.

For example: In the case of Class C fine-only misdemeanors, our Texas Courts have opined numerous times that it is perfectly “reasonable” for the courts themselves to violate the Texas Constitution’s Bill of Rights and its codified portions within the Code of Criminal Procedure by denying the most basic due process protections to an individual accused of this particular class of ‘crime’. Why and how you may ask? Simple, they justify these rights violations upon the grounds that, because the offense doesn’t involve incarceration as a part of the punishment, these rights are never invoked, and therefore, are not available to the Accused before or during trial on the allegation.

It would seem that our individual right to be free from any “unreasonable” situations that place us in potential danger where we might suffer bodily harm or death at the hands of some ‘roid-raging lunatic with a Mike-n-Ike-sized penis and seriously deficient social skills and an all-to-willing itchy trigger finger, are specifically relevant aspects of these situations that are being totally forgotten or ignored despite the duty upon the courts to preserve and protect every single one of those rights as well as the right of private property. By protection of private property in these situations, I mean to say that we have these rights so as to also protect our private property from being arbitrarily damaged or stolen through governmental whimsy and caprice, not just protection from jail time. Private property in this context refers to either our physical property, our money, or our time if sentenced to community service because we have no money for them to steal using trumped up charges on phantasmically intangible offenses.

The Courts Say That Certain Due Process Rights
Don’t Exist as Long as They Cannot Sentence
Us to Jail for the Offense.

Our courts routinely deny those accused of Class C fine-only offenses the right to counsel, the right to a probable cause hearing determining the validity of any warrantless seizure, detention, search, or arrest (called an examining trial in Texas), or even a probable cause hearing for the singular purpose of determining probable cause for any specific charge(s) being levied against them (also an examining trial), to have proper, sufficient, and timely notice of the allegations and proceedings against them, the right to be fully informed as to the nature of and the actual cause against them, to challenge the lack of evidence supporting the jurisdiction of the court itself, and innumerable violations of the Bill of Rights, Texas Code of Criminal Procedure, Judicial canons, professional ethics, Chapters 311 and 312 of the Texas Government Code, and finally, the knowing and willful misapplication of occupational regulatory codes against private individuals that were never engaged in the alleged occupation. In other words, that last one is nothing short of outright judicial and legal fraud on a massive scale. According to our various court’s own rulings and opinions, these unconstitutional, immoral, and seditious violations of the People’s sovereign rights and property are all considered to be “reasonable” in their eyes. Yet, in our history, both foreign and civil wars have erupted based upon far less egregious acts than these that those in authority at the time also considered to be “reasonable” and within their power to do.

Through this method of judicial sophistry, our Texas Courts routinely deny to individuals accused of Class C fine-only offenses the same standard of equal application and protection of the laws. And they do so based solely on the pretense that these rights only apply when some length of incarceration can be levied as a part of the punishment upon conviction for an alleged offense. They don’t even consider the loss of property, i.e. our money, our time off work, from family, etc., that is also involved in such cases. We have a vested interest and right to be protected from unjust loses of that property every bit as much as we have to be protected from unjust incarceration. It is as if the courts and prosecutors believe the term “all,” in relation to criminal proceedings, as is clearly found in the language of Art. 1, Sec. 10 of the Texas Constitution, either doesn’t exist there at all, or, at best, means something else entirely different than the terms “each” or “every.”

After all, it isn’t like they don’t know the actual meaning and intent of these terms, because they’ve already told us that they do:

All. Means the whole of – used with a singular noun or pronoun, and referring to amount, quantity, extent, duration, quality, or degree. The whole number or sum of-used collectively, with a plural noun or pronoun expressing an aggregate. Every member of individual component of; each one of-used with a plural noun. In this sense, all is used generically and distributively. “All” refers rather to the aggregate under which the individuals are subsumed than to the individuals themselves. State v. Hallenberg-Wagner Motor Co., 341 Mo. 771, 108 S.W.2d 398, 401. See Both.

Each. A distributive adjective pronoun, which denotes or refers to every one of the persons or things mentioned; every one of two or more persons or things, composing the whole, separately considered. The effect of this word, used in the covenants of a bond, is to create a several obligation. The word “any” is equivalent to “each.” Conerty v. Richtsteig, 308 IlLApp. 321, 31 N.E.2d 351. “Each” is synonymous with “all” and agrees in inclusiveness but differs in stress; “all” collects and “each” distributes. Knox Jewelry Co., Inc. v. Cincinnati Ins. Co., 130 Ga.App. 519, 203 S.E.2d 739, 740.

Every. Each one of all; all the separate individuals who constitute the whole, regarded one by one. The term is sometimes equivalent to “all”; and sometimes to “each”.

Source: Black’s Law Dictionary, 6th Edition 1996

Yet, the courts have never once addressed whether or not it is a violation of the United States and Texas Constitutions “unreasonable” clauses to statutorily authorize a warrantless seizure, arrest, and potential incarceration for a period of several hours to several days, or, as has occurred in many cases, even weeks, and all prior to any charges even being filed or a conviction had. And all for an alleged offense for which the Accused cannot be lawfully punished by any form of incarceration for even the tiniest fraction of a second even if convicted. Given the factual existence of exactly these processes, I personally believe and hold this entire possibility to be totally “unreasonable” in every respect. And yet, those charged with Class C fine-only offenses or other classes of misdemeanors are unjustly denied a chance at preserving any appealable error relating to the probable cause finding by being denied an examining trial in which to raise the issue in the first place.

Since When are the Illegal Acts of False
Imprisonment, Assault, and Kidnapping
Not ‘Excessive’ in and of Themselves?

This is especially true in light of our current atmosphere of police animosity and brutality toward the general public, as the encounter relating to any such alleged offense is very likely, and now almost expectedly, to turn dangerous or deadly to the civilian. All because an as-yet undiagnosed and out-of-control mental patient was given a gun and permission to use it as a matter of departmental policy to support their preexisting seriously bad attitude that obviously developed from carrying around a rather sizable chip on his or her shoulder, and then dressed all of that hot mess up in the uniform and ‘legal’ authority of a law enforcement officer. What is also especially true in such situations is the fact that these alleged offenses require no intent to commit any criminal act, or the intent to even commit the act itself, or to inflict harm or injury, and have no actual tangible and identifiable victim to claim and prove any such injury, to claim and prove palpable harm or injury of persons or property resulting from negligence, to claim and prove any felony acts, or to claim and prove a breach of the peace.

And once you have been accused, every aspect of the entire process moving against you is controlled entirely by agents of the same fictional entity, the “State.” The “State” is an entirely fictitious political designation that is claiming to have somehow been invisibly, insubstantially, and intangibly harmed by you. And the “State” is the only plaintiff claiming an alleged injury that is moving against you to allegedly seek redress for this intangible and unprovable harm, and yet, it has no way to demonstrate the injury, no victim to take the stand and testify, and no one to place under oath to testify to this harm as being a fact.  Were this you or I pursuing a suit in a court of law, we would be thrown out on our asses for failing to state a claim upon which relief can be granted and lack of standing. As we well should be, considering that we would be completely unable to demonstrate and prove any actual personal injury through any actual substantive admissible evidence.

‘Reasonable’? We are the State, We Don’t
Need No Stinking ‘Reasonable’?

In cases such as this, it is always one or more agents of that same legal entity that not only accused you of the offense that is the alleged source of this equally fictitious injury, but who will also be the entity’s star witness(es) against you. The “State’s” witness(es) will testify against you at the behest of a totally different agent whose only goal and purpose is prosecuting you. And that prosecution is taking place before yet another agent that controls the process and is responsible for the rulings and orders that ultimately “prove” that all of the actions being taken against you are ‘fair and impartial,’ ‘proper’ and ‘legal.’ Then, any appeals from the decision at the trial level will be submitted and held before more of the same. And lest we forget, each and every one of these agents of the “State” are direct or indirect financial beneficiaries of each and every guilty verdict found against the accused for the alleged offense(s).

At this point it should be abundantly clear that “reasonable” has left the building… all the while screaming in agony because these agents of the state doused it with gasoline and lit it on fire!!

How is it not unjust and “unreasonable” that the People, when not causing tangible harm to anyone or to the private property of another, can or should be subjected to the potential and wholly unacceptable risk of bodily injury or death during a warrantless seizure, detention, search, or arrest, for an alleged malum prohibitum offense that in and of itself, and without the prohibition, is neither morally or ethically wrong, and causes no harm to any individual, person or thing, nor is it a common law felony or breach of the peace, and the act being prohibited could not result in a single second of incarceration even if ‘convicted’ for it? When and how did we the People allegedly authorize our public servants to imperil our personal health and welfare, our property, and even our very lives, in this totally “unreasonable” manner?

Differing Perspectives and Desires of Governmental
Agents Does Not ‘Reasonable’ Make.

“The Blaze” is a web site that portends to carry current daily news, articles, and events from all aspects of the political and social realm. I’ve never thought too highly of it or the articles it publishes, as most seem to usually contain content and subjects that I find to be intellectually illiterate and, from the perspective of a freedom, liberty, and rights loving individual, highly offensive statist-centric liberal propagandist bullshit.

However, while doing some case research, I stumbled across one of the very few articles published there that I have ever considered to be actually looking at the “big picture” context of the situation surrounding the subject matter. This particular article was written by one Paul Markel, and is titled “Do You Have the Right to Resist an Unlawful Arrest?” Mr. Markel claims that he writes the article from the perspective of an ex-cop and, apparently, also as a constitutionalist, none of which I can offer any reason to doubt at this time. In his article, Markel writes:

In case after case, we see policemen who seem to view handcuffs as their first and only resort to a non-violent altercation. What is even more troubling to me are the scores of timid apologists who reason that any public display of anger or outrage is rightfully silenced by officers of the state.

This nation was born of dissent not acquiescence. Our founders fought for the rights of man. If Adams, Jefferson and Madison had listened to the voices of timidity and complicity their only path would have been the return to the life of comfortable tax slaves.

Rather than accept that they were sanctioning murder, we could view the legal opinions of the courts in both the Plummer and Bad Elk cases as a message sent by the Judicial Branch to the Executive. Firearms and handcuffs, while often legitimately called for in a crisis, should not be the default for every situation encountered. When the state seeks to rule by the sword, the peasants have a choice to make: submit or resist.

Imagine my surprise in finding an officer who not only “gets it,” but who is willing to make his understanding and beliefs known to the public even though both goes squarely against the “code of silence” and the “thin blue line.” But there is a truth to his words that cannot be ignored in our modern America. The police state isn’t looming on the horizon, it is in your cities, streets, and neighborhoods already, and God and the 2nd Amendment help us, it is already transgressing directly into our homes and in our faces. It is killing us without conscience or consequence. The unarmed and otherwise innocent civilian body count is rapidly mounting to prove it.

However, as equally unsurprising is an article and commentary on the same subject from a law enforcement oriented and focused site called “PoliceMag.com.” The majority of comments there appear to be coming from actual current law enforcement officers, as well as some possible imposters pretending to be law enforcement. Most all of whom make it abundantly clear that they are more than willing to kill you to perfect an arrest, regardless of how minor the alleged offense or that the only legally authorized punishment is a monetary fine. And regardless of the circumstances, the authorized punishment is most certainly not bodily injury or some other degree of injury so serious and life-threatening that it requires an ambulance or a coroner. From one commenter calling himself “Mike,” who claims to actually be a law enforcement officer, we see this attitude regarding his presumption of power and authority to arrest you or to kill you while trying; “When your resist you become mike brown or Eric garner and could potentially die. You have no right ever under any state law in the United states to resist any arrest legal or illegal hence why we have a justice system. If you don’t like the system vote to change it or move. You won’t be missed.

(NOTE: All grammar, spelling, capitalization, and punctuation errors in original, after all, he’s just a cop, not necessarily a high school grad or otherwise literate individual).

The comments from others who say they are or appear to be active in law enforcement go on and on about how no one has a right to resist even an illegal arrest, not even if it is known at the time to be illegal by both the person to be arrested and the arresting officer. And it appears to be their firm understanding and belief that the order of the day in virtually every state of the union is that an officer may continue to escalate the use of force, even during a knowingly illegal arrest, until such time as they can either perfect the arrest, the subject escapes, or the subject is dead and no longer resisting.

Therefore, we can all assume that the current standard for “reasonable” probable cause to inflict serious bodily injury or death upon another living fellow human is:

  • because that fellow human is in possession of a 2×3 inch piece of plastic with a really ugly photograph and a date that is one day past their last birthday, or a printed sheet of paper with the wrong date or incorrect insurance information on it, or a species of plant produced entirely by nature and having enormous medicinal, textile, and manufacturing value to mankind;
  • because that fellow human dared exit his or her car and demand that the officer point out the allegedly defective taillight the officer claimed was the basis for stopping them on a busy highway;
  • a police officer shooting that fellow human in the head and killing him or her during a totally bogus traffic stop and arrest, allegedly because there was no rectangular-shaped piece of alpha-numerically decorated metal on the front of the human’s car to match the one s/he had on the back, and, thus, was an incomprehensibly dangerous and unacceptable threat to the public’s safety and welfare warranting their immediate execution;[1]
  • a police officer assaulting and then threatening to taze or shoot an entire family of fellow humans because of a similar rectangular-shaped alpha-numerically decorated piece of metal that was allegedly ‘expired’ and, therefore, either no longer fit to eat or have bolted to one’s car, and, thus, was an incomprehensibly dangerous and unacceptable threat to the public’s safety and welfare potentially warranting the entire human families immediate execution;[2]
  • a Texas DPS Trooper tazing, brutally assaulting, and then arresting a fellow human because s/he refused to put out a cigarette s/he was smoking inside his/her own car after the officer had concluded his traffic stop for allegedly failing to use a turn signal to make a right-hand turn, and, thus, was an incomprehensibly dangerous and unacceptable threat to the public’s safety and welfare warranting his/her immediate beating, tazing, and incarceration on falsified charges of resisting and assault upon a police officer, and without a proper commitment order signed by a neutral and detached magistrate after a finding of probable cause for the warrantless seizure and arrest via a proper examining trial. NOTE: The human, a woman named Sandra Bland, died three days later in her jail cell while in the custody of the county Sheriff’s office where the DPS Officer illegally incarcerated her.[3]

Is it just me, or does anyone else notice a trend that indicates our police forces are getting inundated with far more morons than they used to be and that are way too thin-skinned and egocentric on top of being a bunch of pussified estrogen-rich pea-brained hot-headed steroid junkies? Why else would a 220 lb. man claim to have feared for his life from nothing more than the incessant barking of a family’s 2 lb. Chihuahua to such a degree that the dog had to be shot and killed to protect himself if not because he is actually the world’s biggest male pussy?

With that said, take notice of the fact that each of these encounters with law enforcement began with nothing more than a police officer trying to incorrectly and wrongfully apply and enforce a Class C fine-only or other low-level misdemeanor regulatory offense or infraction under their particular State’s “transportation/motor vehicle” regulatory code. An offense that, as a matter of law, applies only to those “persons” engaged in the commercial occupation of “transportation.” We can show this is absolutely true for Texas using some simple statutory algebra.

Statutory Algebra Formulas for “Transportation.”

Carrier” = A legal designation and capacity describing someone who engages in the business of moving any persons, goods, or property by land from one place to another for compensation or hire (see “transportation”).[4]

Commercial/ Motor/ Vehicle” = A legal designation assigned to a motor-driven device used by a “carrier,” “driver,” or “operator” who is actively engaged in “transportation” upon the land.

Driver/Operator” (or any grammatical variation thereof) = A legal designation and capacity describing someone who is actively engaged in acts of “transportation” upon the land.

Person” = A general legal designation and capacity generally describing someone who is acting in one or more of the other legal capacities defined as “Carrier,” “Driver,” or “Operator.”

Transportation” = the legally defined business profession or occupation relating to the moving of persons, goods, or property by land from one place to another via a “commercial/ motor/ vehicle” for compensation or hire as either a “carrier,” “driver,” “operator,” or any combination thereof.

Now we write equation in the form of a computer program function:

Define Person as Boolean

Person = IsPerson(False, False, False, False)

Function IsPerson(Transportation as Boolean, _
                   Carrier as Boolean, _
                   Driver as Boolean, _
                   Operator as Boolean) _
          as Boolean

  If Transportation = False then

        IsPerson = False

  Else

    If Carrier = False and  _
       Driver = False and _
       Operator = False then

          IsPerson = False

    Else

          IsPerson = True

    End IF
  End If
End Function

 

In each of these cases, the officers involved were unlawfully and illegally using that State’s occupational regulatory code and its related offense(s) against a private individual who was acting solely in their private common law capacity to engage in their private business or pleasure activities as a matter of right, in which case such codes never applied to those individuals in the first place. Which means, in reality, that every single detention, arrest, injury, and death memorialized in the linked in news articles and stories were all 100% unconstitutional and illegal, and, therefore, inherently “unreasonable” by constitutional standards and prohibitions. But, of even more import and concern, is the fact that each one was also 100% fully sanctioned by the courts and prosecutors through knowing and willful misrepresentations and abuses of the amorphous legal semantics intentionally written into the laws and statutes so as to perpetrate and perpetuate this long standing fraud upon the American People within every state of the union.

In Sandra Bland’s particular case, she was falsely charged and locked up by the DPS officer on the trumped-up charges of resisting arrest and assault on a police officer, not for the “transportation” offense she could not have possibly committed in the first place considering that she was not acting under any form of legal capacity for the purpose of engaging in any “transportation” related activity when the DPS Trooper initiated the illegal stop. However, those fraudulent, vindictive and malicious charges by the DPS Trooper would have never been able to even be applied to Bland if not for the fact that our courts had unconstitutionally and unlawfully ruled that it was totally “reasonable” for her to be knowingly and willfully deceived by her public servants so as to be fraudulently subjected to an profession/occupation related regulatory code that had absolutely nothing to do with her private activities could not be legitimately applied to her in any way. And this list of decades-old governmental atrocities and frauds grows daily by leaps and bounds.

The Times They Are a Changin’.

As found in the article linked below from TheFreeThoughtProject.com, the “The new death penalty standards in America” footnote states, “At a time when police can do no wrong—at least in the eyes of the courts, police unions and politicians dependent on their votes—and a “fear” for officer safety is used to justify all manner of police misconduct, “we the people” are at a severe disadvantage.” And so slips into the abyss of hopelessness and helplessness the hopes and dreams of every individual that once believed true freedom and liberty was to be found within the territories of the sovereign union of states known as America.

Those feelings of helplessness and hopelessness stem from the appearance and practice that “unreasonable” is now whatever the asylum inmates (our public non-servants at this point) actually desire it to be in order to fit their broken-brained view of a total authoritarian oligarchical police state where they are no longer limited as servants of the People, but rather, where they’re the new masters, and capable of wielding limitless power and authority to re-mold America and the world into their own private for-profit and pay-to-play labor pool.

Why does this thought evoke flashbacks of childhood cartoons and movies? You know, the ones where the evil man, always dressed in black and with a thinly curled mustache, would cackle insanely and tell the hero how he was planning to steal someone’s home and property through some perfectly ‘legal’ means of foreclosure or forced marriage if the poor person or lovely young widow woman was one minute late in paying the mortgage, or how the evil villain mastermind proclaimed his or her plan to possess and control the entire world through some nefarious and highly destructive means if it wouldn’t submit willingly.

Constitutionally, logically, morally and ethically, it is rather myopic, moronic, and downright insane to say that these specific types of malum prohibitum offenses correctly pretend to validate any such warrantless arrests as being constitutionally lawful simply because they are ‘legally’ authorized by a group of self-serving criminals only pretending to work for our benefit. Much less that such enactments truly serve any real purpose of better protecting the public from harm. Which one can only assume at this point means harm caused strictly by other non-state actors, but certainly not any harm inflicted upon the public by the agents of the state themselves.

Meanwhile, every single day, there are literally tens of hundreds of thousands of people whose rights are violated,[5] and many who are seriously injured or killed, by an overzealous and overly-aggressive police officer, often with support and assistance from fellow members of his legalized criminal street gang. Most of whom are also demonstrably more than willing to enforce the collection of a potential $200 fine or avenge some perceived slight or affront to their ego or authority through use of brute or deadly force and violence against virtually any member of the public that dares to exercise their right to ask questions about or challenge the officer’s actions. And far too often, regardless of the age, race, or sex of the officer’s brutality victim(s). What could possibly be justifiably “unreasonable” about any of that?

If the only test and determination for “unreasonableness” for a warrantless arrest is whether or not the United States Congress or a state Legislature has passed a “special statute” authorizing it for any sort of malum prohibitum thing that they don’t like, then, under a constitutional standard, the terms “unreasonable” and “reasonable” now mean less than an announcement that your local pub has just started serving fresh elk piss on tap for a dollar a quart, as any legislative body is now totally free to declare any statutory form of warrantless seizure or arrest as “special” and necessary, and therefore, “reasonable” for any purpose that may be governmentally desired. They could then forevermore do whatever they wanted by simply enacting a “special statute” saying that they could, regardless of any other constitutional, common law, and/or sovereign individual rights prohibitions against it. You are watching the wholly unconstitutional and unlawful reinstatement of the very sort of Bills of Attainder and Bills of Pains and Penalties that are expressly prohibited by the Bill of Rights in every state constitution as well as within the federal constitution itself.

Calling it a “special statute” does nothing to change the unconstitutionality and “unreasonableness” of such enactments, not to mention the seriously detrimental repercussions to our individual rights, as well as the totally unnecessary and wholly unacceptable levels of risk it places on our personal safety, health and welfare. Which the People have every right to presume and expect to be fully protected by the courts against such intrusions by using the Bill of Rights within the federal and state constitutions. These protections would rightfully and necessarily include the recognition and proclamation of our individual and collective right to defend ourselves and others against such abusive authoritarian actions with any level of force that is necessary to do so, all the way from evasion and escape up to deadly force, if and when the need arises.

Alas, Poor Liberty, I Knew Him Well.

This abrogation and derogation of our individual rights and property by incremental degrees simply must stop. And it is the duty and responsibility of our courts to make it stop, as they are supposed to be a buttress between the People and such prohibited and abusive acts by the agents of government. Not simply a rubber stamp committee for anything the legislature and the executive departments deem necessary so they may do things in any damn way they please. And if the courts won’t perform their duties faithfully and in full compliance with the Bill of Rights and the express will of the People, then they should be abolished or transferred over to the control of People who understand these issues and will enforce the constitution over the statutes. While those who are responsible for making such actions necessary are stripped of all wealth and possessions accumulated with the fraudulently obtained proceeds from their elected offices before being sentenced to prison for an appropriate length of time. I would recommend that length of time be at least until Hell itself becomes the preferred venue for hosting the Winter Olympics.

It is a fallacy of epic proportions to put forth the false authoritarian doctrine that a free people have not only no right to resist an unlawful arrest or assault by our public servants, but that we must actually obsequiously submit to such criminal acts peacefully and without any defensive or offensive resistance, no matter how violent and injurious or fatal the assault might be due to our failure or legal inability to defend and resist. And then, if you survive the initial assault, your only recourse is to take your case before a higher level of the same authoritarian system that authorized the initial abuses in the first place, and where you now plead the case for violations of your rights and to be vindicated and provided restitution, which we all know borders on the insanely difficult and expensive and the “yeah, like hell” process of collecting the judgment even if you win. This process is so much more expensive than the cost of the bullet(s) necessary to end the criminal actions of the officer(s) before they could escalate into a need for you to needlessly and wrongfully suffer on the off-chance that you might survive so as to later be afforded the aforementioned and almost certainly useless and losing, but wholly system-approved, course of action. Which anyone with any brains can tell you is just an added feature of the overall function and design of the system that is intended to serve and protect only those that are its true masters or who serve as their faithful servants and lackeys.

I find it rather comical that those in our government offices have the temerity to actually believe, vociferate, and act as if the power and authority that they received from us, can be used to create laws and consequences meant to destroy our ability to maintain control of or take back the very power and authority that we delegated to them. Think about it, they actually believe that they somehow have this “divine right of kings” to try and use we the People’s own delegated authority to violate every right that we have, to use that delegated power and authority to forcibly resist and prevent us from taking back that power and making any changes and corrections that we the People deem proper and necessary to prevent their abuses and hold them accountable, and that we must simply accept the injuries and consequences of their actions until they determine whether or not we have any right or privilege to make a claim challenging the validity of those actions in the first place. And only then can we hope for the opportunity to beg for recompense for our perceived slights at the hands of the agents that work for our own servants.

And you wonder why I refer to these idiots as asylum inmates and escaped mental patients? If ever there was a “fuck you” Kodak moment, it would be during my almost certainly epic response to some petty bureaucrat trying to sell me on this smelly bag of faux-magic horseshit as a societal cure-all in a public forum. I would lay waste to them with a wave of verbal heat and destruction that could melt the cores of a nuclear reactor from a mile away.

Those controlling our system of government from behind the scenes and from its positions of power live solely by the morality of their only creed, “if it’s necessary to make us more powerful and rich, and gains us further control over the masses populating the planet, then it shall be done at all costs.

Our governmental actors and their puppet masters behind the scenes need to remember one very important aspect of “the law of necessity,” it is both a two-way street and a double-edged sword.

Footnotes:

[1] Officer Ray Tensing murders Sam DuBose in Cincinnati.

[2] The new death penalty standards in America.

[3] The false arrest and subsequent wrongful death of Sandra Bland.

[4] NOTE: It is entirely possible for the same individual to be a “carrier” and a “driver.

[5] Source: http://www.statisticbrain.com/driving-citation-statistics/
NOTE:  The data from “Statistic Brain” reflects only “speeding” citations, not an overall cumulative total of all types of traffic citations, which could be reasonably assumed to be a great deal higher in total numbers.

Attorneys – Truth and Consequences

This post (all typos and such in original) was made in my “Tao of Law” legal discussion group on Fecalbook (not a typo):

About the Law called Right to travel where it’s saying on here you do not have to have drivers license and tags insurance and registration.Well ive talked to five attorneys this week and they laughed about that.With that being said why do everybody have license and tags on there cars if it was easy to get dismissed in a court.My guess is you can’t get it dismissed in court.Can anybody enlighten me on how I can beat it?? Thanks


My Response went thusly…

“Let me try to understand your logic:

You asked a series of known habitual liars about an area and matter of law from which they stand to hugely profit under the status quo, about a non-legal solution to that same issue that would serve to deprive them of that profit, and you expected the answers you got to be truthful and correct by being in actual compliance with the actual law, as well as respectful of the constitutionally protected rights of the individual and generally in the best interest of the public?

Have you actually LIVED on Earth long? lol

Your post reminds me of the old riddle of the fork in the road;
==================================

You stand at a fork in the road. Next to each of the two forks, there stands a guard. You know only the following things in order to choose the correct path and continue forward, as you cannot go back the way you came:

1) one path leads to Paradise, the other leads to Death;

2) you cannot distinguish any references or differences between the two paths to help you choose;

3) you also know that one of the two guards (“TRUTH”) always tells the truth and the other guard (“LIAR”) always lies (guess which one that is in your question…), but you don’t know which is which anymore than you know the correct path at this point;

4) you are allowed to ask only one of the guards one question to try and discover which path leads to Paradise;

5) once you choose and start down whichever path, there is no turning back or changing your mind.

So, the riddle is “what is the one question you can ask either of the two guards in order to properly apply the answer and guarantee that you choose the correct path to Paradise?”

Answer: The correct question AND application of the answer is:

Question: Ask either guard “What path will the other guard say is the path to Paradise?”

Application of answer: Take the OPPOSITE path from that which the guard pointed to.

ANALYSIS:

Now, IF TRUTH ALWAYS tells the truth, and LIAR ALWAYS lies, then the logic is:

If you asked TRUTH which path LIAR will say is the path to Paradise, then TRUTH will point to the path to Death, because TRUTH is telling the truth about what LIAR will say.

If you asked LIAR which path TRUTH will say is the path to Paradise, then LIAR will point to the path to Death, because LIAR is lying about what TRUTH will say.

Therefore, no matter WHICH guard you ask the question to, you ALWAYS take the opposite path from the one that is pointed to. This also illustrates the point of asking the question the CORRECT way, as you can quickly learn by simply changing the question from asking one of the guards about the road to Paradise to asking instead about the road to Death and then doing the same analysis.

Enjoy Paradise!”


The moral of the story is, generally speaking, attorneys are notorious liars and thieves that control our society with their own private criminal cabal utilizing a system of legalized slavery and theft through regulatory codes that are wholly unconstitutional when applied to the People in their private lives and activities, and, who are, in my humble opinion, totally worthless and a ruinous festering rot upon a truly civilized and moral society. They do this by utilizing knowing and willful misrepresentations of not only the law, but also of legal facts, evidence, and general principles relating to individual rights, truth, and moral and ethical justice.

The rule of law is nonexistent wherever and whenever it may by twisted and perverted by attorneys more interested in a victory or a fee more than in right, wrong, and justice.

And even though I would not expect an attorney to theoretically have enough moral substance and actual guts to even physically slow down or stop a bullet, I am sure that there would be many who would be more than willing to stack them ten deep and conduct such experiments with a variety of weapons and calibers to determine the validity of that theory for as long as is necessary to fully exhaust the supply of attorneys required to conduct such a study and reach a final conclusion.

NOTE: Please watch your local newspapers for applications to become an associate member of the research team.  😉

Patrinuts – A short course on expediting your federal conviction by being mentally lazy and stupid.

Well, certain types of people are STILL thinking that there are legal ‘silver bullets’ to solving this problem that we ALL have in the form of a wholly corrupt and fraudulent government and its use of authoritarian principles as a means of controlling the population.

And I am once again having to debunk this Patrinut stupidity where the belief that failing or flat-out refusing to read and understand the statutory schemes that are being used is somehow the equivalent of being able to deny their [mis]application to the people without ANY other offering of substantive facts or evidence.

Now, I would MUCH prefer that the process be that government shall NEVER apply ANY law to a living man unless it can first and foremost demonstrate exactly how and where its authority to act against him is constitutionally delegated and written into the law as to how and when such power specifically applies, but that ISN’T how this corrupt system operates. As my previous article on the due process violations surrounding legal presumptions demonstrated, it operates almost ENTIRELY upon legal presumptions and conclusions rather than facts and evidence, at least as far as THEIR side of the equation goes. We, as defendants, literally have to prove everything that we say or do in this corrupt system, right down to validating it with DNA in some cases.  Meanwhile, the statist psychopaths we have serving as bureaucrats and their henchmen, as well as the self-serving judges and attorneys, are free to interpretatively change the law on a whim to suit the outcome that they need or want it to have today versus how they wanted or needed it yesterday. This isn’t consistent with the rule of law. In fact, it more closely resembles a game of Russian roulette as to how the game of “what does the law really mean regardless of how it reads” will end this time around.  How else do you explain the diversity of opinions in the courts on what should be nothing more than a commonsense understanding that every individual has the absolute right to freely make their own choices and exercise all of their inherent and fundamental rights, provided that they do not cause harm to or infringe upon the equal rights of others?

And it certainly doesn’t help when we equally refuse or fail to do our own due diligence in understanding exactly what it is our public servants are trying to do whenever they are trying to do it. And this article on “SILVER BULLET TO YOUR RIGHTS” I have linked in here is a prime example of exactly that type of failure. It is trying to explain how one gets a passport by declaring that they are a “non-citizen national” rather than a “U.S. citizen.” And while it is accurate regarding the deleterious effects of declaring yourself to be a “U.S. citizen” under numerous other parts of federal and state law, it is not the same argument or case here. The definitions of “United States” and “U.S. citizen” appear by inference to apply to the several states of the union based upon how they are defined along with “U.S. national,” and “U.S. non-citizen national” for the specific purposes of obtaining a passport.

Now, this is NOT true for numerous other parts of federal and state law when it comes to the meaning of “U.S. citizen,” but it cannot be assumed in ANY form of law that any term or phrase will ALWAYS have the same legal meaning regardless of the legal subject and context in which it is being used. And it is in this misconception of how law works that the Patrinut theories and myths excel and abound.

PLEASE!!  Do NOT do the stupid shit this linked article “SILVER BULLET TO YOUR RIGHTS” is telling you to do. It is NOT at all accurate in what the the provisions of the Code of Federal Regulations means in relation to citizenship status as it pertains to applying for and receiving a U.S. passport.

The article is only dead wrong because it’s DEAD WRONG! It would be a grand improvement upon education and competency if people would actually learn to read and then bother to research and COMPREHEND just what they are reading before spreading it around as actual fact, which this is NOT.  The author of this article obviously made no attempt whatsoever to research the legal definition of “non-citizen national” or “national” as defined under the federal statutes or the actual legislative acts of Congress.  Which is odd considering that they certainly wanted you to know that it’s a felony for any governmental or private entity to deny you in any right, benefit or privilege because you fail or refuse to disclose a SSN (Privacy Act of 1974).
For instance, in relation to federal law regarding passports, THIS is where one finds the legal definition of “U.S. non-citizen national”;
And this is where you find the explanatory statutes on exactly what a “national” is in relation to the passport laws:
In other words, this ‘method’ is a fast-track to federal prison for falsifying a federal government document and perjury. And the person that is on their way there for doing this stupid shit can thank their own gullibility and laziness for their 5-10 year enjoyment of striped sunshine. Consider this your fair warning about taking this ‘silver bullet’ crap at face-value.