One Response to 01-13-12 Rule of Law

  1. Randy talks about Mike Handel’s arrest at the courthouse. Mike was jumped by the ‘security’ officers after being cleared, and after asking to see a supervisor.

    Eddie talks about clerks of the muni courts who initiate and sign complaints. Problem is, they have to be signed in personal capacity, not official capacity. Signed this way, the court becomes both the accuser and the trier of fact. Conversely, the clerk who does this is working in private capacity while on public time, embezzlement. Randy points out that, also, the clerk is initiating a prosecution and no judicial intervention examining trial is available and without that, no subject matter jurisdiction exists. Only then could a clerk create a cause. Eddie often has clerks subpoenaed to see how they came about the information to create the cause.

    Cathy in Texas. Back to the public property trespassing issue of several nights ago. In her case, the library with an all-night book drop has a ‘no trespassing’ after hours sign posted. Next, a California traffic situation; someone cited for driving too slow. Eddie says California commercial driving is even more clearly stated in its code.

    Chuck in Ohio. Rob Ryder’s Acknowledgement of Deed in Ohio. Then, California’s Trial by Declaration procedure.
    Julius in Texas. Updates his chess game with a court that only wants him to plea or pay a fine. Then, mortgage issues.
    Dan in Connecticut. Using interrogatories and admissions to flush out mortgage issues, especially REMIC (Real Estate Mortgage Investment Conduit)

    Randy engages an interesting discussion on perpetual motion machines.

    Paula in Maine. Talks about Rod Class, who is also a traffic activist. Rodclass.com

    Joe in Texas. Texas unemployment paid, then reversed on employer appeal. Randy says to use Michael Mirras method!
    Steven in Texas. Picked a fight with the city building inspectors who assessed a levy based on increased property value, but who failed to do the inspections required to make the assessment.
    Steve in Texas. Wants to fight a traffic tix on merits. Eddie underscores that process is the only way to go, especially on required Notice issues.

    David in Illinois. Looking for Gerstein v. Pugh citation – the Florida case about going to the nearest magistrate. Randy says its on the Habeas Corpus doc at JurisImprudence. Then David asks about getting the auto out of trust. Randy says to send the plates and affidavit to the state saying you are going to remove the vehicle from the jurisdiction of THIS STATE (NOT a state name.) Another question about MTD for SMJ; William Thornton’s docs at 1215.org, in California. Generally, his is a common law remedy. Then brings up USA: The Republic No One Lives In.

    Carlos in California goes over his current lawsuits.

    Dave in Texas. Talks about time and date on a traffic tix. 543.006 says if officer doesn’t put time and date then s/he is guilty of misconduct in office. Dave wants to mail in an appearance and attach to it both a complaint against the officer and an affidavit of inability to pay. Eddie believes the criminal complaint attachment is great, but that the inability to pay gives the court an in personam jurisdiction (under the suggestion that you would pay if you could) that it did not have. The tix is NOT notice, lacking definitive statement of what you are charged with. It is not a sworn document. Cannot be a charging instrument. In Texas, you have the RIGHT to challenge the charging instrument and the SMJ it presumes to provide.