- Chapter Fifteen`
Reclaim Your
Common Law Rights and Citizenship. Rescind All Adhesion Contracts Under Color
of Law.
INTRODUCTORY` TOOLS FOR FREEDOM`
by Johnny Liberty`
Dedicated
to the thousands of pioneers` who came before and contributed to the research`
and creation of this handbook.
Introductory Tools for Freedom`
Presumably, you’ve
read the prior sections of the book, thus` have some overview of sovereignty
and how the legal and` political systems work.
Caveat: I
advise a serious course of study for the novice` before taking your issues to
court.
Whenever possible,
pursue an administrative strategy you` can implement yourself. Make your
“special or limited` appearances” administratively without fail or default.
“I am concerned for the security of our great` Nation; not so
much because of any threat from` without, but because of the insidious forces`
working from within.”
— General Douglas MacArthur`
If you’re seriously
pinned to the wall or the prosecutors have` decided “you’re lunch,” then
consider building a powerful` support team of legal researchers, paralegals
and/or Title 42` lawyers to assist you.
Having
friends, associates and family in the peanut gallery` of the courtroom lends
emotional support and credibility to` your efforts to “take on the system.”
Having witnesses to
the actions of the officers of the court` tempers their intent to bulldoze your
rights and due process.
Non-Confrontational Strategy`
Do not adopt a
posture of belligerence, superiority or` haughty and righteous anger toward the
system. They will` step up their efforts to crucify you and may
very well` succeed. Take copious notes, tape record what is permissible` and
take it to the media if you’ve got a story.
As a sovereign
“state” Citizen and sui juris freeman/woman,`
appearing and granting jurisdiction in the Equity/` Admiralty/Mari
The courts are
In most actions,
you can present yourself and stand in your` own character, OR represent
yourself pro se or in propria` persona.
Get assistance from
competent legal researchers or` paralegals to prepare your paperwork.
Get assistance from
Title 42 lawyers or bar-licensed` attorneys if they’re willing to go to bat for
you. Lawyers and` attorneys can bring forward issues and law that the court`
will not permit you to do. Argue for having your “counsel of` choice” whether
layman or professional. It’s your` unalienable right.
There are some
situations where attorneys can resolve the` issue better than representing yourself.
What are your` objectives? Are there procedural issues that an attorney can`
resolve (Article I actions)?
There are others
where attorneys will become a serious` liability to your liberties. Are there
issues of law to be raised` that an attorney cannot raise (Article III
actions)? You need` to know the difference.
Remember, if you
hire an attorney, a lot of your strategies` will be moot.
Attorneys cannot
bring an issue in law before the court and` they will not violate their
allegiance to the court without` risking losing their licenses to the American
Bar Association.
Screen and
interview any candidates seriously before` retaining them.
If they’re not
willing to lose their license to zealously defend` your sovereign rights, they
aren’t going to serve you well.
Many legal actions
can be done administratively without` ever entering a courtroom.
Administration Before Litigation` Administrative Procedures Acts`
There are numerous researchers
(e.g., Karl Granse) who` have perfected statutory processes for challenging
the` unlawful actions of government agencies through administrative`
procedures. The “Administrative Procedures Act` (APA)” was enacted in 1946 (60
Stat. 237, 5 USCA) to` govern practice and proceedings before federal`
administrative agencies. These Acts codified due process for` administrative
rulemaking.
An administrative
remedy is a procedure for allowing a` person to assert a right to some kind of
relief before an` administrative agency. Administrative review generally`
reviews an administrative proceeding. 1`
General Affidavits & Constructive Legal Notices`
From a legal and
political perspective, the first step in` reclaiming your sovereign American
National OR “state” Citizenship is to revoke your signature on all contracts`
you’ve entered with the government by general “Affidavit.”
You do not have to
extract every document or contract from` every government office (nor will they
comply with your` request) to become a sovereign “state” Citizen, although
it’s` important to clean up your paper trail.
Any of these
contracts could be used against you in a court` as prima facie evidence of your
“legal disability.”
This is how the
State finds evidence to validate its` jurisdictional claim against you.
An Affidavit is
your truth, not mine. Do not parrot any` sample Affidavits or form letters word
for word without` verifying their accuracy and understanding what it means.
You must be
knowledgeable in answering questions and` inquiries from the government.
Create
Evidence Of Your Jurisdiction`
After revocation,
you must create a paper trail of positive` evidence, as a matter of public
record by Affidavit, including:` revocation of power of attorney, certificate
of citizenship,` declaration of domicile, tax-exempt foreign status, recession`
of participation in social security.
An Affidavit is a
written and sworn personal declaration or` statement of facts made before an
officer of the court. An` un-rebutted Affidavit stands as the truth in law. A
lawful` Affidavit is all that’s necessary to generate a prima facie case.
Failure to deny is
an admission of guilt. 2` Affidavits must be
notarized, filed with the
Copies are then
sent with a “Constructive Legal Notice” to` the appropriate government agency
by certified mail-return` receipt (nondomestic mail) requested (this is
evidence of` service).
A “Legal Notice” is
any information communicated to a` Plaintiff, Defendant or affected party by an
authorized` individual.
Practice
Administration Before Litigation`
Having a document
“notarized” makes the document` cognizant in a foreign venue, although it may
also admit to` your presence in a federal area.
Having two Citizens
witness your documentation in lieu of a` notary and/or filing with the
You can exercise an
entire legal proceeding administratively,` by Affidavit, without ever entering
a courtroom.
Quiet Title Action` In addition to the general Affidavit and Constructive Legal`
Notice, a sovereign “state” Citizen must perfect his or her` status and title
to property by petitioning a constitutional` Common law court.
This legal process
is called an action or declaration of “Quiet` Title.” When the state republics
and their respective courts` were sovereign and fully functioning, “Quiet
Title” actions` were commonplace over both the natural person and` property.
Even immigration
and naturalization into “state” Citizenship` was a function of the Superior
courts via “Quiet Title” before a jury
of peers in a Common law venue .
Perfecting
Status And Property Rights` Several
years ago many counties and states had over 140` functioning Common law courts.
They were reconsummated` by and for the people as there were no` cognizable
Common law actions in the statutory court` systems of the federal States. No
issue of law can be raised` except in a Common law court or venue.
The
constitutionality of statutes cannot be challenged except` in a Common law
venue by individuals in their sovereign` capacity.
These courts came
under attack by the federal and State` governments, activists were accused of
being “paper` terrorists” because they were indeed “taking the law into` their
own hands” and providing recourse and remedy where` the statutory courts had
failed. The media whipped up` hysteria and the prosecutors maliciously attacked
the` founders of the movement.
Having Common law
recourse and remedy in a Common` law venue is essential to restoring due
process and sovereign` rights. There is no sovereignty without it in our system
of` law. Quiet title actions must be restored.
If you cannot find a
Common law court or venue to “Quiet` Title,” then you can asseverate your
status by making a` “Declaration of “Quiet Title” and publish it for three`
consecutive weeks in a legal newspaper. Only you can` determine your status and
Citizenship. Don’t expect the` government or the courts to support you in this
endeavor.
> RES JUDICATA — it is already decided; final action in` an administrative or
judicial process. We the People cannot` rest on our laurels, or shortcut the
process towards` perfecting our status and rights. We must employ every`
possible remedy and recourse to protect and establish our` rights, status and
property res judicata.
Res judicata means
“it is already decided.” This is the final` word in any lawful process. Writs
or judgments from a` Common law court on matters it is competent to hear are
res` judicata. Quiet Title will perfect your status, rights and` property
rights.3`
Refusals for Fraud and Notices of Default` If you get a citation, summons or any other annoying or`
invasive contract or correspondence from the government,` you can refute the
“presentments” by “Refusal for Fraud,` Without Dishonor, pursuant to UCC
3-501.”
This section of the
UCC is based on the refusal of` instruments which are non-bona fide or
fraudulent in` nature.
Giving Notice
And Grace` Lawful process
requires that you respond to an invitation` into their jurisdiction and give
“Notice and Grace” of your`
This is also a
matter of mutual respect, in communi-cations` between jurisdictions. Just because
the govern-ment hasn’t` given you full disclosure, and “Notice and Grace” of
their` actions, doesn’t mean you cannot act more intelligently and`
respectfully than they.
Restoring
Lawful Process` If you fail to
respond to an invitation into their jurisdiction,` then you are guilty by
default. You must return the citation` or presentment to the issuing police
officer and the court, or` the administering agency in a
>
PRESENTMENT–invoice, bill,
citation, summons;` invitation to volunteer into their jurisdiction.
A
They will not have
any actual or inferred “Power of` Attorney” to enter any form of plea, nor to
find you guilty of` anything by default, although they may attempt to do so`
anyway.
Your refusals are
setting an eventual trap for them to fall` into, and are creating evidence to
prove it. The strategy is to` create reversible error at the lower court level,
which can be` reversed on appeal, and to give them ample opportunity to`
violate your rights and due process of the law.
This won’t be
difficult to do as it is routine public policy,` procedure, and practice for
most government officials and` administrative agencies.
You must get strong
and wise enough to effectively and` lawfully apply the necessary checks and
balances to assure a` limited government, and hold them personally and
officially` liable for actions taken against you.
These days a
“Refusal for Fraud” certainly doesn’t guarantee` that a citation will disappear
or be dismissed. You are` engaged in the first step of an administrative
process that` will probably end up in litigation down the road. What you` are
in effect accomplishing is getting evidence and facts into` the case record
(case file), and pointing out where your` rights and due process have been violated.
This is evidence
you’ll need down the road to defend your` right to travel, or any other right
that your are reclaiming.
Remember if you
cannot exercise your rights, you don’t have` any!`
Refuse The
Invitation Into Their Jurisdiction` If you have not placed your signature, knowingly and` willingly on
the “presentment,” it is NOT a valid, enforceable` contract.
You cannot be
forced into a contract against your will. If you` have refused for fraud, they
cannot legally issue a capias, or` warrant for your arrest. A true warrant
needs:`
1. probable cause;`
2. affidavit;`
3. a clear
description of what and who shall be seized.
If they do issue an
unlawful capias or warrant, you have` more evidence to support your case that
your rights have` been violated. Ask the court to take “Judicial Notice” that`
this Refusal for Fraud is based on:`
1. the lack of
jurisdiction over the defendant— jurisdiction` is hereby challenged.
2. the [Municipal,
District, Circuit] court has no actual or` inferred Power of Attorney to act on
behalf of this` Citizen, nor does the [Municipal, District, Circuit] court`
have any civil authority in matters of Equity— this` proceeding is estoppeled.
3. the fraudulent
use of a presentment (i.e., citation) to` extort revenue from this Citizen,
after the police officer` and the Court have been duly noticed of their lack
of` jurisdiction — ignorance of the law by a police officer is` no excuse for
violating the rights of this Citizen.
4. this motorist is
a non-operator, not a legal “person,”
and is not required by public law to have a driver’s` license, nor pay
any occupation tax, as he is not, nor has` he ever engaged in the use of the
roads for commercial` purposes.
5. the state
legislature makes the public laws and statutes` while the courts, government
agencies and executive` officers must enforce the laws and the legislative
intent` therein.
6. the corporate
State of Oregon cannot compel this` Citizen to enter into a voluntary contract
against his will.
7. the prohibitive,
exorbitant and punitive bail` requirement for an appearance.
8. the right to
travel is an unalienable and guaranteed` right for all Citizens, affirmed in
hundreds of cases` including the U.S. supreme Court— exercising a
constitutional` right cannot be converted into a crime.
9. this Citizen has
contracted no obligation whatsoever to` pay federal, State, County or Municipal
debt` 10. this Citizen is not a resident alien, not a juristic` “person,” not
subject to administrative tribunals or` statutory laws of the federal United
States.
Domicile, Not
Residence` Please note that I
do not “reside” in the federal enclave` designated on the summons as “OR,” nor
do I own or rent` an “address” for commercial purposes.
Therefore, if you
choose to correspond or properly service` me, you must use the address exactly
shown below my` signature, and evidenced by my “Declaration of Domicile.”
The court and its
employees are hereby directed to:` 1. incorporate this letter into the official
record regarding` this matter;` 2. to produce and deliver to my correct mailing
location a` certified copy of the original, signed affidavit and/or`
equity/admiralty contract that supposedly brought me` into your jurisdiction.
If you disagree
with this refusal in any way you have ten (10)` calendar days in which to
respond to me, otherwise I will` consider the matter closed.
I am disappointed
that you have unlawfully refused in the` past to answer my Refusal for Fraud,
or to adjudicate the` challenge of jurisdiction. You have an obligation and a
duty` to this Citizen to respond.4` Once
you have served your “Refusals for Fraud” and the` particular agency or court
does not answer the points raised` in your refusal (which they likely will
ignore), then send` them a “Notice of Default” to adjudicate the matter res`
judicata. From an administrative perspective, you have` served lawful process.
“No citizen shall be imprisoned or otherwise` detained by the
United States except pursuant to` an act of Congress.”
— Title 18 U.S.C.A 4001 (a)`
Non-Statutory Abatements`
A Common law
procedure known as the “Non-Statutory` Abatement” is proving successful to
estoppel various court` actions of the commercial, Article 1 courts.
Most Americans are
ignorant in questions of law,` jurisdiction, and venue, which make us the
slaves of courts,` process and court procedures that make it easy for`
governments to prey upon our rights and property.
Abating
Improper Process`
“Non-Statutory
Abatements” are Common law actions used` to quash improper, unlawful,
inadequate or defective` process on its face by returning the paperwork to its
source` and demanding corrections to the process before agreeing to` be joined
or submitting to jurisdiction.
Virtually no
process initiated by a government or` administrative agency abides by the
minimum due process` requirements well established in law. They have forgotten
or` are too busy or lazy to do it right anymore.
Just to illustrate
how wrong the government or` administrative process is: paperwork is sent to
the wrong` name (JOHNNY FREEDOM LIBERTY instead of Johnny` Freedom Liberty);
paperwork is sent to the wrong venue` (OR instead of Oregon state); paperwork
is sent without a` seal of a court of competent jurisdiction, or the signature
of` a judge; paperwork is sent by a public official without a` signature under
penalties of perjury; or paperwork is sent` with other repugnant presumptions.
Abatements also
respond effectively to the majority of` emergency and war powers by refuting
the government’s` presumptions and paperwork head on.
Used properly,
abatements can stop all actions filed by such` governments before any “case”
gets started and without` going to court.
Abatements are
simple and administrative in nature and can` have the power and effect of an
indictment or the filing of a` civil suit.
Refuting
Government Presumptions`
Abatements
unanswered or ignored become Res Judicata or` final judgment. No issue at-law
can be retried without violating` the Fifth Amendment (i.e., double jeopardy
clause).
Abatements have met
with a high level of success and are` extremely low cost when you prepare your
own response.
Costs will seldom
exceed the process server fees.
Abatements properly
filed are a public record of unlawful` acts by governments and can be used to
prosecute such` entities when lawful government is restored. Abatements are` a
major tool in rolling back emergency powers and martial` law government. 5`
Police and the Traffic Stop`
U.S. citizens,
American National OR “state” Citizens` encounter the “law” most often at the
traffic stop with` “police officers” who demand our driver’s license, vehicle`
registration, and proof of insurance.
This is where it
begins and where it ends. The traffic stop is` the bottom line where the rubber
meets the pavement,` where the “Attorney-Police-Prison State” makes initial
direct` contact with the people.
Attorney —
Police — Prison State`
Who hasn’t felt in
Why is this in the
“land of the free?” If your sovereign unalienable` rights are not respected
here, then expect to fight` to defend them.
Police officers are
not the “law,” nor are they above the` “law.” It is their sworn duty to uphold
the Constitution and` the “law of the land” without exception. There is no
statute,` no code, no administrative rule or procedure above the “law` of the
land.”
Police officers are
supposed to be enforcing the American` system of law, intended to “protect and
serve” We the People,` from both the tyranny of government and the masses.
Under no
circumstances have they taken an oath to disregard` the American people or
insult them as “constitutionalists” as
I’ve heard recently at a traffic stop. Police officers` need education as much
as any other segment of the population.
It all begins and
ends at a traffic stop.
Most Citizens,
including the police officers themselves, do` not understand the constitutional
limitations or implications` of police power, especially as it pertains to
sovereign “state” Citizens.
All police officers
and public officials are required by state` law to be bonded. A bond is a
security against their oath of` office that they will perform their duties
without fail or sacrifice` their bond.
Without a bond, and
very few have one (except the Secretary` of State and other key government
posts), their public office` is vacant, their public immunity is gone, and the
police officer` or public official becomes individually and personally liable`
for their actions at a traffic stop.
Without a bond,
police officers are nothing more than “renta-` cops” hired by a particular
municipal, county or State corporation.
Televised incidents
like the beating of Rodney King have` both enraged and invoked fear and
confusion about what` the police can and cannot “lawfully” do. Highly
publicized` trials like O.J. Simpson have given us bad impressions of the`
legal fraternity, and the corruption inherent in the justice` system.
Police officers,
like any other government official, have limitations` of what they can and
cannot do under the “color of` uniform.” Establishing “law” and proper
procedures at the` police level is essential.
Police officers are
in fact “revenue agents” of the corporate` government, and are enforcing a
private statute at a traffic` stop. The Department of Motor Vehicle (DMV) Code`
regulates commercial entities and licensed “persons.”
It’s a private statute
because it applies only to a special class` of “person” at the exclusion of
another class . Only “persons” driving
or operating a motor vehicle for commercial` purposes are required by American
law to have a “driver’s` license” and vehicle registration.
The Motor Vehicle
Acts legislated by various state legislatures` excluded “manufacturer’s and
dealers” from registering` their vehicles for individual use. Thus a
“Manufacturer’s` Statement of Origin” is sufficient evidence of ownership.
Private use by
private “state” Citizens not engaged in` commercial transport was also
exempted. You also cannot` be given a citation if you travel by horse and
buggy.5` Recall that a “person” is a legal fiction created by the
14th` Amendment. U.S. citizens are “persons” required. A`
sovereign “state” Citizen has the unalienable, unenumerated,` natural “right to
travel.” This natural right has` been upheld by many court cases. It’s a right
that must be` defended though in these
> DRIVER or OPERATOR OF A MOTOR VEHICLE— ` if you make money on the travel and transportation of
goods` (not for personal use); if engaged in interstate commerce;` for
commercial purposes only (chauffeurs, taxi, truck & bus` drivers).
A sovereign “state”
Citizen is not a legal “person,” therefore` the DMV Code doesn’t apply to you
(California Motor` Vehicle Code, §290). “State” Citizens can use the highways`
freely for personal use.
California
Motor Vehicle Act (Stats. 1913, p.639)` ... requires professional chauffeurs, or drivers of motor` vehicles
for hire to pay an annual license tax, but exempts all` other operators of such
vehicles from such tax and` regulation. See also General Laws of Oregon, 1925, Chapter`
380, p.756-778, or research the Motor Vehicle Act in your` respective state.
When a police or
peace officer steps out of their police car,` they step out of uniform and
become a private Citizen acting` under the “color of law.” If they violate your
constitutional` rights, the police officer becomes personally liable. Some`
police officers are aware of this, most are not. They must be` educated as
much, if not more, than the rest of us.
Remember, more
police officers are killed at a traffic stop` than anywhere else, so understand
that they might be a little` edgy when confronted.
Do not act
belligerently. Be calm, be respectful.
“Motor Vehicle means every description of carriage` or
contrivance propelled or drawn by mechanical` power and used for commercial
purposes.”
— 18 U.S.C. 31 6`
Avoid getting any
needless citations by “driving” safely and` carefully. It’s just unCOMMON
sense! Being a sovereign` Citizen doesn’t justify endangering the lives of
others or` traveling recklessly (e.g., while intoxicated). It’s a call for`
complete and total responsibility for your actions. It’s a call` for financial
responsibility as well.
Your individual
attitude and statement may be sufficient to` deter him/her from writing a
citation in the first place. If` not, and he/she writes the ticket, then
reserve your rights.
All this can be stated
in your “Constructive Legal Notice.”
Editor’s
Note: Police officers are now being trained in the` liabilities that attach to
them when they violate the rights` of Citizens under Title 18 and Title 42.7` Don’t expect them to pay much attention, or expect them
to` validate your sovereignty. If they’re interested, take the
If the police
officer goes beyond his or her lawful authority` and violates your rights, you
can file a “Counter-Complaint` and Summons,” file suit for false arrest or
imprisonment, or` perfect a lien against their property. Put the police officer
on` “Notice” that any act that damages you will be considered` willful.
Ignorance of the
law is no excuse for a police officer who is a` State witness upon whose tes
The officer has a
lot of discretion in whether or not to write` the citations, but little or none
on the procedure to follow.
Often
These subtleties
seem to be lost on many officers who claim,` like many government employees, to
be simply doing their` job.
I have never been
asked by a police officer at a traffic stop if` I was a U.S. citizen OR an
American National OR a “state” Citizen. They operate under the presumption that
all` Americans are of the same Citizenship. If I had been asked,` he/she could
have established jurisdiction before proceeding` to enforce the private statute.
Had I contested his
question, or reserved all my rights, or` had evidence to demonstrate that I was
a private, sovereign` individual, then the police officer had no right, no
authority` to enforce a private statute against this Citizen.
The indiscriminate
enforcement of the law by police officers` has led to countless violations of
civil liberties, and the` aroused anger and frustration of the general public
to the` boiling point.
These
indiscriminate enforcements are the result of agency` policies and government
directives that are wholly` inconsistent with both the intent of the
legislature, and the` administration of lawful process.
Do not permit a
police officer to conduct an illegal search of` your vehicle or property. Do
not give them your consent.
Demand your 4th
Amendment rights. Otherwise, they could` use any evidence found against you.
Unless the red
lights are flashing, technically, you’re not` under arrest. If they persist,
reply respectfully with:`
Statement to
Police Officer` Gentleman, I am
a law-abiding citizen going about my` lawful business. I am carrying no
contraband. I have` committed no crime. Unless you can state probable cause to`
the contrary for the benefit of my tape recorder here, I shall` be on my way.
With respect to
more significant law enforcement concerns` (e.g. violent crime, abuse, etc.)
for both the police and the` Citizen, police could be assisted by
Dedicated citizens
and` community organizations who can deal with the roots of` these and economic
problems, besides criminalizing or` punishing offenders.
Community policing
is becoming a more sensible` alternative.
Too many police
departments spend too much of their` limited energy extorting revenues for
local municipalities` through traffic and parking citations than actually
dealing` with real, threatening crimes and social problems.
This imbalance must
be corrected and trust restored.
“Something must be
done to change the perception that` police are punishers and enforcers, rather
than protectors of` the people.”
This is not to
conclude that the police, or any government` official, are necessarily evil.
They are people with families` and concerns along with the rest of the
Citizens. But police` officers need to understand Citizenship as well as the`
statutes they are hired to enforce.
The duties and
powers of the county sheriff are without` equal in the state. His/Her function
is to protect the` sovereignty of the Citizens and the state.8` “The Citizens, their
persons, their property, health` and morals shall be protected and made safe.
In the exercise of executive and administrative` functions, in
conserving the public law...
he represents the sovereignty of the state` and has no superior
in his county.”
— Anderson on Sheriffs`
False Arrest and Imprisonment`
False imprisonment
consists of any type of unlawful` restraint or interference with the personal
liberty of an` individual. False imprisonment is classified as a tort under`
the Common law, and also as a crime. It has been labeled as` a tort, a
trespass, an assault, a wrong, a damage, and an` injury.
Depriving a human
being of their liberty is legally no` different than depriving a person of
their property. Unlawful` detention or deprivation of liberty is the basis of
an action` for the tort of false imprisonment.
Actual seizure or
the laying on of hands is not necessary to` constitute an unlawful detention.
One who interferes
with another’s liberty of locomotion does` so at his/her own peril. All who do
so without lawful` authority can be sued for the trespass upon liberty and
loss` of
The illegal arrest
of a person without a warrant, or under an` invalid warrant, entitles him/her
to compensation for the` damages sustained by reason of the false or unlawful
arrest` and imprisonment.
There are two kinds
of damages, actual and punitive. Actual` damages are such compensation for the
injury as would` follow from the nature and character of the act.
Punitive damages
are those that grow out of the wantonness` of atrocity, or aggravated by the
act. Anyone who assists of` participates in an unlawful arrest or imprisonment
is equally` liable for the damage caused. 9`
Writ of Habeas Corpus` The Comprehensive Crime Control Act of 1984 10 ensures` that a
first-
For innocent
citizens railroaded into prison, prior to a` petition for “Writ of Habeas
Corpus,” and within five years` of conviction, one has the right to a single
(statutory or` Common law?) petition by Motion that is virtually unknown.
11`
Should you be arrested and
incarcerated for any reason, and` there is no probable cause, an improper
warrant, no valid` presentment, no indictment, information or charge,`
violations of state or constitutional rights, fraud or lack of` due process, a
“Writ of Habeas Corpus” may be your best` “get out of jail free card” for
sovereign “state” Citizens.
Some
It remains to be
seen how a “Writ of Habeas Corpus” can be` brought today in a Common law venue,
although that was` it’s original intent and purpose. The following was
developed` for statutory applications, but I assert it could be invoked in` a
Common law venue as well.
Some of the
elements of a good “Writ of Habeas Corpus”
include the following:` 1) Petitioner was informed that he would be held
indefinitely` or until he surrendered his unalienable, substantive and` perfect
rights. All counts involved are non-jail civil violations` under Vernon’s Civil
Statutes and no probable cause` determination has been had to determine that
the defendant` does in fact have the ability to pay pursuant to Ex Parte`
Byran, 662 SW 2d 147, therefore the defendant is in debtors` prison.12` 2) The jurisdiction of the lower court issuing the`
commitment papers restraining (name) in his liberty are` fatally defective and
the district courts review of the record` upon certiorari will reveal that the
following is true and` correct to wit. The jurisdiction of the alleged court
issuing` the commitment orders restraining the defendant of his` liberty are
fatally defective for the following reasons to wit.
A) The defendant
was never provided with a copy of the` information or complaint, or the
affidavits attached` thereto by an accuser.
B) The defendant
was never informed as to the true nature` and cause of the accusations against
him.
C) In any cause,
civil or criminal in nature, the plaintiff has` the absolute duty and
obligation to prove each and every` element necessary for jurisdiction. There
is no pleading` by any attorney authorized to appear in behalf of the`
municipal corporation with authority to represent the` municipal corporation or
the State. There are no facts, no` evidence, no pleadings, no motions or any
documents` going to show the jurisdiction of the accuser/plaintiffs` unless
this court will allow a police officer to practice law` without a license or
will allow the alleged judge to` practice common barratry from the bench as
there are no` facts or tes
I assert that the
district court of the united States (Common` law side) not the U.S. District
Court (Statutory and` commercial side), has jurisdiction over this matter
pursuant` to the “All Writs Statute” (28 U.S.C. 1651), and the Savings` to
Suitors Clause of the Judiciary Act of 1789 Session 1,` Chapter
20§16 & 9a (28 U.S.C. §1333).
Savings to suitors
is an extraordinary Common law remedy` whenever said remedy is the only
complete and adequate` remedy, and it is hereby and herein declared that
statutory` relief is not a complete or adequate substitute for the` unalienable
perfect remedy at law. 14`
Petition for Redress of Grievances` When the State consistently deprives a Citizen, or
Citizens,` of all their substantive rights, remedies and recourse, and` after
all administrative and judicial remedies have been` exhausted, the Citizen
retains the unalienable, natural right` to create a Common law remedy through a
“Petition for` Redress of Grievances.” This is the last resort short of a`
declaration of war.
When the State, by
and through its officials and agents` deprives a Citizen of all his remedies by
the due process of` law and deprives said Citizen of the equal protection of
the` law, the State commits a Common law act of “Mixed War” against the citizen. The Citizen has the
right to recognize this` act, on the part of the State by the publication of a
“Solemn` Recognition of Mixed War.”
The sheriff is the
Chief Executive of the county, superior to` the Governor, the President of the
United States and` superior to the IRS so far as county matters are concerned.
This writ has the
same force by law as the “Declaration of` Independence.”
It invokes the
Citizen’s constitutional 9th and 10th` Amendment guarantees of the right to
create an effective` remedy where otherwise none exists.”15` The “Declaration of Independence” (DOI) was also a`
“Commercial Affidavit.” The first part of the DOI stated the` unalienable
rights given by the Creator, the second part` defined the crimes of King
George, and the third part gives` the Crown options as to what comes next.
Either we will be` friends in peace or bitter enemies in war.
The rest is
history. Governments and the judicial remedies` and recourse to be found
therein exist as a substitute for the` duel or battlefield, so that commercial
differences can be` resolved peacefully rather than by violence and war. 16` "When the right
to do a thing depends upon` legislative authority, and the legislature has
failed` to authorize it, or has forbidden it, no amount of` acquiescence or consent
or approval of the doing` of it by a ministerial officer can create a right to
do` the thing which is unauthorized or forbidden.”
— Department of Insurance vs. Church Members` Relief Asso. 217
Ind 58, 26 NE(2d) 51, 128 ALR` 635`
Re-Declaration of Independence`
Editor’s
Note: Here's a "Re-declaration of Independence” written
by Johnny
Liberty in the North American News` Service (Summer 1995) for restoring the
sovereignty of the` American people. Would you sign it?
Preamble` All thirteen free and independent, sovereign states of`
America, excepting the sovereign Indian nations, were in` agreement in making
the original Declaration of` Independence on July 4, 1776. The people then, as
the` people now, have gathered the courage to liberate` themselves from the
bondage of foreign “rule.”
When in the course
of human events, it becomes necessary` for a nation, a group of people, or an
individual to declare` themselves free from the “rule” of another, then it is common`
decency, with respect to the opinions of all other people,` to explain the
reasons or grounds for the declaration.
Statement of
Unalienable Rights and Natural Law` We the People believe these truths to be self-evident, to be` so
obvious that they need no proof, that all people, both men` and women,
regardless of race, sex, creed, or color are created` equal under the natural
law. We believe the Creator gives` all of us certain unalienable rights that
cannot be taken` away. These unalienable rights are above and beyond the` civil
rights any government may enumerate. That among` these rights are life,
liberty, property, family, community,` and the freedom to enjoy happiness.
To assure that
these unalienable rights are protected and` preserved for all the people,
governments are created to` enforce and defend the public trust. The source of
authority from which all governments are created shall remain with` the
people for all
If a government
abuses its power or usurps the public trust,` then the people have the
unalienable right and a duty to` change, alter or reform their government, or
to abolish it` completely and start a new one that will abide by the`
principles of natural law.
UnCOMMON SENSE
dictates that an established government` should not be overthrown for petty
reasons. However,` it is the nature of human beings to tolerate mistreatment,
to` grow accustomed to tyranny and chains rather than risk getting` rid of a
repressive and uncompassionate master.
Government maybe a
necessary and often unpredictable` evil, but at certain
That the natural
expression of our freedoms, the right to` own property, and the unalienable
rights secured by the` U.S. Constitution and Bill of Rights are perceived as a
threat` by our own government is a symptom of the inevitable` conclusion that
the federal government must be stopped!` Illegal, immoral and unconscionable
activities of a` government out of control have now reached into the lives of`
all Americans.
When this happens,
it is the peoples' right and duty to` abolish the current government and set up
a new one that` will better protect our rights, preserve our liberties, and`
uphold the public trust. Through this “Re-Declaration of` Independence,”
We the People must
once again become a free, sovereign` people. We the People can reclaim our
sovereign Citizenship` of one of the several states of the constitutional`
Republic.
Cause for
Action` The following is
the cause for action by the thirteen colonies,` now forty-eight sovereign
states and unincorporated` territories of the united states of America. We the
People` have suffered patiently, petitioning our government for` redress of
grievances without remedy, recourse or response.
We the People are
now convinced that we must change our` government and must no longer accept the
“rule” of the` federal United States government who is beholden and loyal` to
its creditors and foreign powers.
We must cast off
the shackles of foreign “rule” including the` Federal Reserve, International
Monetary Fund, the United` Nations, and the New World Order. Today, after many
years` of increasing tyranny, we are convinced that it is
Charges
Against the Federal Government And its` Principals/Creditors` Today's federal government has refused to pass laws`
necessary for the good of the American people, and what is` worse, has passed a
multitude of laws that have transgressed` its limited authority and taken away
the basic unalienable` rights of most Americans.
Laws are passed for
the benefit of special interest groups,` the monied powers, and the State of
New Columbia, not on` behalf of the people of the united states of America.
The federal United
States government has usurped the` powers reserved to the sovereign states and
the sovereign` “state” Citizens, intentionally destroying the U.S. Constitution
and Bill of Rights which were designed as a` limitation against the unwarranted
expansion of` government authority. The federal government has also` conspired
against the rights, privileges and immunities of` the Citizens of the United
States by instituting the 14th` Amendment under martial law after the Civil
War.
The sovereign
“states” have been usurped by corporate` “States” which are merely regional districts
and extensions` of the municipal law of the District of Columbia. Local,` home
and state "rule," and the separation of powers have` been replaced
with federal law and supremacy, effectively` overriding all constitutional
limitations on federal` government authority under threat, duress and coercion.
The sovereign
states, original parties to the U.S. Constitution,` no longer are represented
by their Senators in the U.S. Senate. Instead, they are elected directly by the
popular vote` of U.S. citizens who are foreigners to the Republic.
The Republic was
co-opted by the federal government` during the Civil War, when the Federal
Reserve System was` established, and after the first bankruptcy of the federal`
United States declared a perpetual state of national` emergency.
The U.S.
Constitution and Bill of Rights have been suspended` indefinitely under the War
Powers Acts, Trading with the` Enemy Acts, and 470 consecutive states of
national emergency.
The constitutional
Republic has been usurped by a` legislative Democracy and corporate, socialist
dictatorship` instigated by the federal government, international bankers` and
transnational organizations.
Federal control
over every aspect of the economy has resulted` in a corporate, socialist
state-controlled system that has` in effect destroyed local and state
economies, free enterprise,` individual incentives for productivity, jobs,
security,` and our precious freedoms. The nationalization of the public` trust
has cost the American people their money, property,` labor and freedoms for all
future generations.
This has all been
accomplished through monumental fraud,` deception, coercion, propaganda and
disinformation campaigns,` non-disclosure, and the usury of a debt currency
system.
The result is the
bankruptcy of the federal government` and the complete confiscation of all the
property of the` American people.
Treaties have been
passed to supercede the U.S. Constitution,` state and local laws, and the will
of the American people.
Having been conned
out of our lawful “state” Citizenship, the American people have unwittingly
become subjects` of the federal government and the foreign powers that control`
it.
The federal
government discourages the legal naturalization` of Citizens in the states,
preferring to naturalize foreigners` as subjects and as the property of the
federal government.
Through the
Internal Revenue Service, the federal government` has harassed and in
The IRS is the
American gestapo collecting a “public debt”
from the American people owed by the federal corporation` and its
subjects only. It is nothing less than organized crime` operating under the
immunity of government. The sovereign` people of the united states of America
are not beholden to` the federal debt created by fraud under a perpetual
national` state of emergency.
Through the use of
completely controlled and manipulated` media, the federal government insures the
election of those` who support its interests and policies, while discrediting
any` who would disagree with the government's position. There` are no free
elections, and no free and independent press.
The two-party
monopoly discourages third-party political` organizing.
Un-elected
government employees working through administrative` agencies set policies and
regulations contrary to the` intent of the U.S. Constitution, the will of the
people, acts of` the U.S. Congress, or their elected representatives.
These
administrative agencies are out of control, operating` solely for the sake of
extorting property and assets from the` American people through bureaucratic
schemes executed on` behalf of the creditors of the federal United States.
New land patents
are no longer available, the allodial titles` have been stripped from the old
land patents due to bank` contracts and title insurance fraud, and the public
lands are` held by the federal government in its corporate capacity on` behalf
of its creditors.
The federal
government has hypothecated all the land` patents and allodial titles as
collateral against an unpayable` federal debt. We the People are once again
“serfs” relegated` to “renting” the land and paying tribute to the landlords.
Federal and State
courts are monopolized by “union` lawyers” having accepted Titles of Nobility
(e.g., Esquire)` from foreign powers.
The federal
government has passed a myriad of laws and` regulations that subject the
American people to the endless` detail of regulation and control over every
aspect of their` lives and business.
Many Americans are
forced to comply with the letter of every` law or lose life, property and
freedoms without due process` or the protections of the U.S. Constitution or
Bill of` Rights.
Attorneys, courts
and judges have conspired to rob the` American people of their property to
execute a bankruptcy` against the American people of behalf of the creditors of
the` federal United States.
The federal
government has made judges dependent upon` the legal precedents established
through various bankruptcy` organizations for the benefit of the creditors
through admiralty/` mari
The federal
government has assured the tenure of their office` and the amount and payment
of their salaries, guaranteed` themselves immunity from prosecution for crimes
committed` while in office, and have destroyed evidence and routinely`
obstructed justice.
The federal
government has long held a double standard of` justice, one for the people and
one for government officials.
The federal
government has, since the birth of the Republic,` grown larger and larger, with
so many superfluous rules and` regulations that the lion's share of substance
and productivity` has been taken directly from the people without compensation`
or gratitude. Government employees take little or no` responsibility for
preserving the public trust or serving the` people who pay their salaries and
pensions. Government` employees hold an attitude of contempt for the
hardworking` hands that feed them.
The size and expense
of the federal government has grown` each year, finding it necessary to keep
standing armies` among us, instituting a vast war machine and a perpetual`
state of national emergency that has not ceased even in` times of peace.
Military and police
power has been elevated as superior to` and independent of the civilian power
of the people. The attorney-` police-prison state has become the top funding
priority` of the post-Cold War era, a federal government which is` quickly
turning the war machine against its own people.
These actions have
commenced without the approval of de` jure legislatures or the sovereign
people.
Injustices
Against the American People` The
federal government has been so corrupted by special` interests that the “laws”
passed by them have resulted in` tyranny, injustice and increasing social
disintegration and` violence. We the People have had virtually no voice or`
representation in the government for generations.
The federal
government has combined its power with` private interests to subject the
American people to a` jurisdiction foreign to the U.S. Constitution,
unacknowledged` by our laws, and giving false consent to pretended` legislation
under the color of law. Here are some of the` injustices that have resulted:`
Through private and international treaties, foreign troops` and international
police are being introduced and quartered` in our communities for the martial
law control of the` American people.
Plans are made for
the confiscation of all arms and the` defensive capabilities of the people.
Concentration camps` are being built and funded by the federal government to`
house American citizens who refuse to cooperate with the` New World Order.
Murders and crimes
by government troops are either` covered up or go unpunished. Evidence and
crime scenes` are destroyed and the media is cooperative in the` obstruction of
justice and the persecution of the innocent.
The federal
government often operates as a cover-up for` organized crime, including the
importation of dangerous` drugs and narcotics.
Free trade is
sanctioned only for the cartels and monopolies` with the money and influence to
conspire against the` American people and commit treason against the U.S.
Constitution. Our elected representatives have consented to` treason in their
silence and complicity.
Income taxes, liens
and levies are imposed upon the` American people without due process of the
law, without a` valid assessment process, with no commercial paperwork or`
valid commercial affidavit. Citizens are being killed and` property seized
based upon these fraudulent and unjust acts.
A trial by a jury
of one’s “peers” is impossible for a sovereign` “state” Citizen when juries are
comprised of “voters,” “drivers,” or
U.S. citizens only. Juries are instructed by` corrupt judges to consider only
the facts and not the law in` criminal cases.
Attorneys have
monopolized the justice, legal, and political` system and tamper with grand
juries who have an obligation` to bring charges for crimes against the American
people.
Through Admiralty/Maritime
law, statutes of pretended` crimes and trumped up charges are invented to
indict those` who dare to dissent or object to the tyranny of the` government.
Property is seized
and bodies are arrested as acts of war` against the people of the united states
of America on behalf` of our true accuser, the creditors of the federal United`
States. Our prisons are full of innocent people who have` dared to speak out
against the crimes committed by our own` government.
The substantive, constitutional
Common law system has` been abolished and replaced with a bankrupt, statutory`
Equity/Admiralty law system operating in a foreign` jurisdiction, wherein the
nature of the crime or the cause of` action is never revealed, wherein you do
not face your true` accuser, wherein crimes without victims are prosecuted by`
the State which has resulted in the loss of freedom, liberty` and property for
millions of Americans.
The federal
government has wrought great destruction upon` the American people by
experimenting with us like guinea` pigs for generations (radiation, medical,
military), having` wrought havoc and despair upon the lives of so many`
American people, and have justified such actions as` necessary for national
security, and to bring about the total` submission of the people and the
American way of life.
Through the lack of
full disclosure and by fraudulent means,` the federal government has
effectively robbed the American` people of their lawful Citizenship and
unalienable rights to` enhance their own power. The sovereign Indian tribes are
as` much slaves to the federal government as are its citizens.
Through monetary
gain, media manipulation, and` government schools, the federal government has
forced our` fellow Americans into government service and subject status` by
becoming federal government employees, getting Social` Security Numbers (SSNs)
and volunteering into taxes` through the 1040's and W-4's.
Incentives have
been created to make federal police agents` of all Americans who would falsely
testify against their` brothers or sisters for profit, who would lie to avoid`
prosecution, who would profit from providing evidence of` false witnessing, and
engage in spying against their fellow` Citizens. The immorality of our own
government is` conclusive and condemning.
All Remedies
Exhausted` During the entire
period of these injustices and oppressions,` We the People have petitioned the
government at every level` for redress of grievances. We have begged our`
representatives to listen in the most humble of terms. We` have filed lawsuits
and sought remedy and recourse in the` courts. Every plea has to date gone
unheard and has been` ignored. Our every petition has been answered only by`
repeated injury. From these actions it is quite obvious that` this government
is tyrannical, moving swiftly toward a` totalitarian state, and unfit to rule a
free sovereign people.
We have appealed to
our federal government. We the People` have warned them from
We have reminded
them that we believe America was` founded on freedom, and we continue our
search and` demand for a better life without unnecessary regulations,` laws and
the forces of occupation.
Today, as
yesterday, We the People have appealed generally` to the UnCOMMON SENSE and
compassion to do what is` naturally right for a free people. We have called
upon our` common kindred in the government, instructing them that a`
continuation of these actions would result in the breaking of` our common bond
with them. Our words have fallen on deaf` ears. They are deaf to the voice of
justice. They are loathe to` value freedom.
We have organized
citizen's militias to defend the U.S. Constitution against all enemies foreign
and domestic.
We have been
lambasted by the government and the media` as criminals, anarchists, white
supremacists, racists,` domestic terrorists, and other derogatory terms for
daring to` expose government corruption.
Today, as
yesterday, We the People are forced to announce` our individual separation from
the tyranny and corruption` of the federal United States government and all its
political` subdivisions, and regard them as we do the rest of` humankind — enemies
in war, friends in peace.
Statement of
Sovereignty` Therefore, having
no legal representation and belonging to` one of the several free and
independent, sovereign states of` the Union, as the free and sovereign people
under the state` and federal constitutions, we hereby appeal to our Creator`
for approval of our action, hereby re-declaring our` independence.
That We the People
each solemnly declare that we are and of` right ought to be free and
independent of the monopolistic,` tyrannical government which is presently
called the federal` United States of America. That We the People hereby`
reclaim our lawful sovereignty under the laws of the united` states of America,
restoring the constitutional Republic.
We no longer owe
any loyalty to this Congress of the United` States or its immoral, illegal and
unjust statutory regulations` called “laws” which cannot be laws because they
are not in` accord with justice or natural law, and that all political and`
commercial ties with the federal United States Inc. are` hereby totally
dissolved.
That we hereby
restore a constitutional money system based` on gold and silver and the lawful
definition of a dollar. That` we hereby restore a constitutional Common law
court, grand` jury, and the law of the land.
That as free and
independent, sovereign men and women,` We the People have the power to wage
war, make peace,` make alliances with other jurisdictions and nations, promote`
trade, and do all the other things that free and independent` people have the
right to do.
And in full support
of this “Re-Declaration of` Independence,” with a firm reliance on the
protection of our` divine Creator, We the People mutually pledge to each
other,` all declared sovereign individuals, our lives, our destinies,` and our
sacred honor. 17`
Date: _________________________`
Signature: ______________________`
Notes and Sources`
INTRODUCTORY TOOLS
FOR FREEDOM`
1. See also
Administrative Procedures Acts. Patriot` researcher Karl Granse is known for
his legal work in` this area.
2. See also US v.
Kis, 658 F 2d 526 & 536; US v Powell,` 379, US 57 at 58 (no more than a
lawful affidavit is` necessary to generate a prima facie case); 5 USC`
§556(d)(failure to deny is an admission of guilt).
3. See also Jerry
Henson, The Common Law of the united` states of America, (Lighthouse Color
Press, 1995).
4. Sourced from
Rick Schramm, Jack Smith of Right Way` L.A.W. They have a great program for
training citizen` lawyers and pro se litigants.
5. John Quade &
Randy Lee, California Jural Society` https://www.jeffry.com/jural.htm (pioneered the non-statutory` abatement process). See
also: American Jural Society` Handbook.
6. See also: Off
With Those Plates, Perceptions, Spring` 1994, p.20; The Patriot: Whose Car Are
You Driving?,` Vol1#
7; AID & ABET
Newsletter has an excellent right` to travel issue especially for police
officers (Municipal` courts must abide by federal definitions.)` 7. See also:
Forging the Bond Between the Citizen and` Law Enforcement by the American
Citizens & Lawmen` Association, Volume 1, p.9.
8. Sourced from
Anderson on Sheriffs.
9. Sourced from
Charles A. Weisman’s, Treatise on False` Arrest.
10. See also Public
Law 98-473, December, 24, 1984 under` 98 Stat. p.2022 at (j) insures that a
first-
11. 28 USC §2255
for state prisoners and 28 USC §2254` for federal prisoners.
12. See also Tate
v. Short, 401 U.S. 395 and Ex Parte Tate` 471 SW 2d 404.
13. See Federal
Rules of Evidence Service 1@ Government` of the Virgin Islands v. Gereau, 523
F.2d 140 (1975).
14. Sourced from
Alfred Adask, Anti- Shyster. This is a` great publications for the citizen
lawyer as well.
15. Jim Shaver;
Sourced from An Open Letter to Sheriffs` 16. Sourced from Government's
Liberty...Brings Death To` Freedom, pp.1-3.
17. Sourced from
Johnny Liberty, NANS, Summer ‘95, p.