Wednesday, December 08, 2004
- Express News - January 29, 1996
Many of the court documents filed by militia members follow a standard form, leading some legal officials to wonder whether they are copied from a central computer database [the Edification Library]. Some militia groups also publish how-to handbooks on drawing up forms. Their advice includes:
* A belief that the legal system must be revamped using guidelines provided by the Bible, English common law and the U.S. Constitution.
* A name spelled all in capitals or using initials in a legal document from the state is not a person's true name, and such documents are unlawful.
[lawful = Christian name - not Nom de Guerre (war name)]
* Use a general delivery address at your local post office for mail. By having mail delivered to your home, you are considered to be receiving a benefit from the state.
[Acceptance = compelled performance]
* During a court appearance, after placing a family Bible on the podium and serving the judge or prosecutor a judicial notice a militia member may say "further I sayeth not" and stand mute to keep a judge from opening a discussion.
According to legal scholars, militia members fighting misdemeanor cases generally use similar arguments to resist court authority.
* The defendant in municipal court answering minor charges, such as a traffic ticket, wants to be charged by indictment and have a jury trial.
* Traffic regulations that lead to revenue collection violate the litigants's rights under the U.S. Constitution to travel.
[no personal injury/property damage]
* The militia member wants the judge to prove he or she has jurisdiction.
* Municipal court judges are not true judges because of a flaw in their oath of office.
[Article 16 Section 1 Texas Constitution]
* The defendant does not have to pay a fine because paper money is illegal and only gold and silver should be used as a monetary standard.
[Article 1, Section 10, Clause 1; "No state shall use anything but gold and silver coin as tender in payment of debts."
In memory of Alan Bacon