The Patrinut “Congressional Record” Fallacy

I’ll address this Patrinut idiocy for, oh, the MILLIONTH frickin’ time.

The citation in this picture that insinuates that is taken from and found in the “Congressional Record, June 13, 1967, pp. 15641-15646” is 100% FAKE!!! Always has been.

It should come as no surprise that there is no such citation to be found in the congressional record ANYWHERE. What really bothers me though is trying to figure out why the moronic folks that keep posting and reposting this crap as fact never actually bothered to look up this disinformation for themselves to learn whether or not it is factual or entirely FALSE!! I only ask because false it most certainly IS!

Why is it that not ONE of them has ever tried finding and reading the ACTUAL congressional record instead of a screen shot created by the original lying-ass disinformation spreading moron who fabricated this idiotic lie to make it look like they knew what the hell they were talking about?

When did Americans become so mentally illiterate and lazy that they simply accept any and all information as fact without any consideration for the source or effort to verify its veracity? No wonder we have become so proficient at sucking at everything on the world stage and have other countries laughing at us for sitting stupidly by while our public servants rob us blind and betray everything this country was founded on and they swore to protect. No wonder.

Please find a PDF copy of the original congressional record in question attached at the bottom of this article. Read through it CAREFULLY, then, IF you find this citation written therein, you can call ME the idiot. If you can’t, then I simply ask that you take a solemn oath to publicly bitch-slap the stupidity right out of any person who posts this shit as being actual fact without verifying it first by linking in this article in the comments where it was posted.

Thank you.

The “Dun & Bradstreet” Patrinut Myth.

This article is the result of a comment that was posted on Facebook in response to another individual’s original post citing a quote that was totally fake and does not exist in the named court case. As I tend to do in these instances, I called out the original posting individual for not verifying that the case quotation was actually in the written opinion before they posted it as being an actual fact (because it’s not!) and potentially misleading others by doing so. Whether any deception was intentional or not is neither here nor there at the moment, though I will give the benefit of the doubt for the time being as the original poster went back and corrected the post to point out the quote does not exist in the case opinion or even the premise of the subject matter involved in it.

Here is the original post…:

Here is my original comment to that post and the individual’s reply…:

And here is the specific comment on this post that I am wishing to address by means of this article:

I’ve covered this subject in other discussions before, but now it seems like a good time to address it in more specific detail for those truly seeking to understand the facts and reality of things rather than the Patrinut harebrained theories and fake case quotes that have sprung up over the existence of “data universal numbering system” (DUNS) numbers in relation to governmental entities and the Dun & Bradstreet business entity registry and reporting system.

This article touches on three specific points of legality and reality to explain what the real-world facts are and why the Patrinut conjectural ‘facts’ used to formulate their theories are so far off-point the original crew of the NCC-1701 Starship Enterprise couldn’t find them even if it were on a ten-year mission instead of just five.

Those three things are:

  1. the legal/law aspects of legal entities;
  2. the reality of how legal entities must function in the real world; and
  3. the legal, physical, and contractual reasons why the requirements of 1 and 2 are how governmental legal entities must function to serve their intended purposes.

So let’s begin with the statement made in the comment (corrected for spelling and grammar of course), “The police department has a duns DUNS number, Wwhich is [a] duns Dun & Bradstreet [number], Which proves proving that there they are [a] corporation.”

What actually is a DUNS number? Well, let’s ask the source, Dun & Bradstreet themselves:

There is a maxim of logic that states “Correlation does not equal causation,” which, in layman’s terms simply means, “Just because something is found to be commonly associated with some other thing, that is not absolute proof that the other thing is caused by or is true simply by the mere association of the two.

Let’s dissect that posted comment, starting with the implication made in the last part, which is that the existence of a DUNS number is proof that a legal entity is a corporation. We begin by looking at some specific facts in relation to corporations of any kind:

  1. A corporation is created by a set of legal documents titled “Articles of Incorporation,” which contains all of the necessary legal forms and agreements required to establish and register a legal corporate entity within the state in which it wishes to exercise a privilege to do business.
  2. The legal documents described in point 1 must exist and be filed regardless of whether or not a corporation even applies for a DUNS number, which is entirely optional for corporations to obtain and is not in any way whatsoever a requirement for being incorporated. A DUNS number is created for a business only if that business voluntarily registers with Dun & Bradstreet, and is used primarily as an internal tracking and publicly available reference number for their system only.
  3. Dun & Bradstreet allows unincorporated business entities to register with their service right alongside incorporated ones.

Logically speaking, one thing that is entirely optional in association with some other thing cannot be proof that the other thing even exists, hence, our maxim of logic is proven to be correct.

Okay, these specific facts alone prove that the comment is totally wrong about what a DUNS number is and does. But wait, there’s more! If you keep reading now, I will throw in some additional clarifying information ABSOLUTELY FREE!! Are you ready? Here goes.

A legal entity, incorporated or not, has no physical form or presence of any kind. Anything that the entity must “do,” it must do through a living individual as its agent. This remains true no matter how many legal entities are chained together in the paper trail of its business, it ultimately falls into the minds and hands of a living breathing individual.

So, how then does a legal entity conduct business, any business, if it can’t act on its own volition and behalf? Simple, the power to act on the entity’s behalf must be assigned to one or more of those living breathing individuals I just mentioned. How is this done? By more paperwork. Words are written down, terms of authority, duties and obligations are set forth, and signatures applied, thus assignments are made. Does this make the assignee a corporation themselves? No, it does not, because you cannot convert a living being into a fiction of law. You can make a living being the fiction’s agent, but not actually one of them.

Now, in order to make contracts with other legal entities, the entire previously described process must take place all over again, words are written down, terms of authority, duties and obligations are set forth, and signatures applied, thus contracts are made. But, who can actually review and sign these contracts? The legal entity has no eyes or mind of its own, so it can’t read or understand the contract in order to accept it. It has no mouth or hands by which it may ask questions or request changes to the terms either verbally or in writing, nor can it sign the agreement in acceptance. It short, the legal entity is as powerless and helpless as an unarmed stark-naked stormtrooper in the hands of a pissed-off Chewbacca.

Enter the assigned agent, aka the corporate officer, legal counsel or appointed employee. Regardless of their official title, the designated agent is the one who is actually responsible for reading, amending, accepting and signing of the contract on behalf of the legal entity, not the legal entity itself. The most important takeaway for the Patrinuts in this scenario is the understanding that natural persons doing all of this as the agent of a corporation does not make these agents a corporation in and of themselves.

This process is how any intelligent individual operating a business, especially an incorporated one, acts and contracts for suppliers, buyers, and internal purchases of supplies and equipment, a place to conduct business, bank accounts, money transfers, etc., etc. ad infinitum. And in every single one of these transactions, there is a living individual that is performing or initiating the actual act itself. At no time does the legal entity leave the room, make a call, or lift a finger on its own behalf, because it is not real, it is a legal concept whose existence is based entirely upon the existence of legal documents, and cannot do any of those things for itself.

Do you get it yet? If any part of the explanation thus far is still eluding your understanding then perhaps you have chosen the wrong thing to make a stand and engage in argument over, because anyone who does understand these facts and realities is going to kick your ass from one end of the debate stage to the other and embarrass you in front of the whole audience. I know this for a fact, because I do it all the time.

But wait, if you keep reading now, I will also throw in this additional bit of information for the low low price of absolutely nothing! Isn’t that a great deal!!!

A governmental entity is no more real than any other form of legal entity. Thus, it requires the exact same legal machinations to function and operate as any other type of legal entity does. This means an assignment of officers, employees, and authorized agents to act on its behalf and in its name for the benefit of the people it was created to serve. It means the same due diligence in the performance of the duties and authority delegated in those assignments as is required of other individuals with similar responsibilities on behalf of other types of legal entities, if not actually more so since they are for public service rather than for profit.

This brings us to another aspect of incorporation when it comes to private corporations versus public corporations, which are not to be confused or conflated with publicly-traded corporations. Private corporations can operate as either for-profit or non-profit, which means they can be used to either make as much money as possible or to provide some benefit to the public in their functions as a non-profit. Public corporations, which is precisely what all public offices operate as, in order to not have a conflict of interest between serving the public equally and equitably as intended versus making a profit at the expense of those services or the people themselves, are morally and ethically required to be 100% non-profit in every single case and, to the best of my knowledge, do not and never have operated upon the concept of publicly traded shares on the stock market like many private forms of publicly-traded corporations do. I don’t say legally because I do not know the entirety of the law on this subject in relation to such public corporations, hence, there may be certain conditions and exceptions of which I am currently unaware. But, as of the date of this writing, I have never been shown any verifiable proof that any such exceptions exist in the body and terms of the law itself.

However, since the public (government) corporations have almost virtually identical needs and requirements for the proper functioning and operation of the public’s business as that of other legal entities engaged in private business, it stands to reason that they would also utilize many of the same processes and procedures for doing so. This brings us full circle to the issue of legal documents and contracts and why they are used by all forms of incorporated and unincorporated business alike, because it’s much easier and convenient to have a standardized means of creating a hard-copy set of policies and procedures that provide for at least some level of responsibility and an accountability trail for virtually every part of the operation, including who the acting agent actually is or is required to be for any given activity.

Now that we have that set of concepts explained (it would be presumptuous of me to say ‘understood’), we can begin to see the necessity in why a governmental entity would incorporate in order to properly function in service of the public. Let’s consider what kind of mess it would be if the business side of government was not allowed to incorporate so as to engage in the same activities as all those other legal entities. We can begin with even the simplest of daily business activities, the purchasing of everyday office supplies and management activities. Who is responsible for determining what supplies are required and how much of them? Who is responsible for picking them up or ordering and paying for them, and from where? Who is responsible for the finances and the bank account? Who tracks and accounts for the money taken in and all expenditures? Who would have access to all the money that comes into the governmental office, as well as monies either posted to the bank account or paid out to vendors, contractors, or payroll? Who balances and closes out all of these accounts at the end of each business day, week, and quarter? Who is responsible for making sure that all the other people are doing their job properly and not stealing or embezzling? Who is responsible for auditing and ensuring the honesty and integrity of those responsible for each and every one of these things? Who do any of these people report to? Who is in charge over what and whom? What power and authority does that person have when something bad is reported? Who is authorized to make and sign contracts with suppliers and vendors on behalf of the governmental office? How did they get authorized and by whom? Who reviews those contracts for fraud and legal compliance? What happens when someone with one of these responsibilities transfers to another office, dies, or quits, who takes over? Who’s responsibility is it to decide who takes over, who is hired, and who is fired? How are personnel informed of the duties of their job and who has the responsibility of training them how to do it properly? Is the person responsible for one contract only authorized to do that particular contract or can they do others? If they can do others, what others, and with whom? And these kinds of day-to-day scenarios go on and on and on….

As you have no doubt surmised by now, a corporate structure and management system goes a long way to answering and resolving many of these questions and issues in a positive manner, and greatly simplifies the functions and operational process of virtually any form of business activity, which even a governmental entity must engage in in order to properly and efficiently function. If this were not the case, then the fraud, waste and abuse so commonly associated with government and many of its contractors would be even more rampant and unaccountable than it is now.

This leads us, finally, to the ability of honest business folks having a means to tell what business entities are reputable, stable, and not in the habit of screwing over other people’s business’ or the public in general. Enter Dun & Bradstreet. Let’s look again at what the stated purpose of their business, and that of the DUNS number itself, actually is:

A D‑U‑N‑S Number identifies a company’s Dun & Bradstreet business credit file, which may include firmographic data (company name, address, phone number, etc.), corporate family relationships (headquarters, branches, subsidiaries, etc.), and scores and ratings that assess different financial health indicators. Taken all together, this profile of information is called the Dun & Bradstreet Live Business Identity. Potential partners and lenders can request a business credit report about your business using your D‑U‑N‑S Number or other business identifiers. Equally, you can use the D‑U‑N‑S Number to access the same information about any company with which you might wish to work.

See, Dun & Bradstreet isn’t there to create a corporation or to prove that corporation exists. They are there to collect and report on the credit and business conduct of that legal entity for the benefit of the general public and any other legal business entities as a whole so we, and they, can determine whether or not to engage in business with another business entity or how to best set certain contractual obligations and terms in order to do so at some future date.

In short, the existence of a DUNS number on Dun & Bradstreet for a public (governmental) corporation, or the fact that it is incorporated at all, proves absolutely nothing about the Patrinut “corporation” theory to be even plausibly true and correct.

Now, wasn’t that a bargain!! All of this for the ultra-low price of a few exercised brain cells and reading time. Something the majority of the Patrinuts seem to be seriously lacking.

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.

Patrinuts – Here we go yet again. The Micheal C. School Theory of Law & Liability

Okay, we’ve been here a time or two before, but it appears that we must do so yet again.

What happens when legal theory collides with legal fact and the facts are irrefutable and correct? It is in this aftermath of such a collision that the Patrinut community runs into some seriously unstable legal ground. And to make matters even worse, they still choose to build their symbolic legal house that is their legal theory on that same unstable ground. This is as financially suicidal as building a million dollar home over a known unstable sinkhole knowing that you can never get insurance coverage.

Case in point, one “Michael C. School,” who thinks that his understanding of “trust law” is the golden ray of sunshine guaranteed to repel government and its agents on every level, sort of like sunshine, garlic, or holy water to a vampire.  There is only one little problem, what do you think the vampire will actually do if you are relying upon a simple flashlight, fake garlic, or regular tap water instead of the real thing?

Well, let’s find out.



Michael C School  Michael C School Jerry Howe The first step i did was in Common Law and created a Poormans Patent on the Testamentary Succession Revocation so the State cant deny my Rights. After i completed that part of the Process, then i filed for the name change in Court.
Like · Reply · Yesterday at 11:45am

Jerry Howe  Jerry Howe I’m guessing you have already completed a UCC-1 filing with your secretary of state is that correct Michael? So you’re now a Secured Party Creditor?
Unlike · Reply · 1 · Yesterday at 11:49am

Jerry Howe  Jerry Howe So for what reason(s) are you saying that you did this Michael? In laymans terms?
Unlike · Reply · 1 · Yesterday at 11:53am

Jerry Howe  Jerry Howe So the state can’t deny your rights to what exactly?
Unlike · Reply · 1 · Yesterday at 11:55am

Jerry Howe  Jerry Howe Tao Lauw, Randy Neroni, your thoughts or questions on this.
Unlike · Reply · 1 · Yesterday at 11:57am

Michael C School  Michael C School  The State cant use presumptive authority against me anymore. A grand jury has to convene with an Indictment signed by a lawful judge. A cop cant just stop me and harrass me unless he witness’s me commit a breach of the peace. UCC-1 is inferior to this by Contract, so no i have not filed a UCC-1 against the all caps name. I rescinded the original contract granting authority to create the Strawman account, which “should” also revoke power of attorney from the IRS all in one step. Filing a UCC-1 would still leave me under Presumptive Authority because Testamentary Succession hasnt been revoked from the State.
Michael C School  Michael C School From the Office of Michael C. School
Executor of this Instrument
To: Public Notice
I Michael Charles School “One of The People” and also One of the People of the State of California Claim this as the correct spelling of my Lawful Birth Name. The ALL CAPS NAME OF MICHAEL CHARLES SCHOOL IS A Fictional Entity Negotiable Debt Instrument created by the State without any disclosure to my parents who were the Lawful Guardians and Custodians of my Body and the Executor’s of my Share of the Trust until I reached the age of majority.
CALIFORNIA CONSTITUTION
PREAMBLE

We, the People of the State of California, grateful to Almighty God for our
freedom, in order to secure and perpetuate its blessings, do establish this
Constitution.
SECTION 1. All people are by nature free and independent and have
inalienable rights. Among these are enjoying and defending life and
liberty, acquiring, possessing, and protecting property, and pursuing
and obtaining safety, happiness, and privacy.
SEC. 3. (a) The people have the right to instruct their
representatives, petition government for redress of grievances, and
assemble freely to consult for the common good.
I Hereby Revoke any and all Implied Testamentary Succession privilege The State has acquired without My Consent. The Clean Hands Doctrine applies to all Fiduciaries bound by Oath to Protect the Beneficiary of the Trust which is Michael C. School ONLY. MICHAEL CHARLES SCHOOL is a DBA Fiction (Doing Business As) This is Usury as Michael Charles School does not operate as a 3rd party fictional re-presentation of the Living Being. Michael Charles School is a Pro Se’ 1st Party Contractor ONLY who uses Written Instruments Lawfully Executed as my “Will.” Article 1 Section 10.1 (Obligation of Contracts cannot be Impaired.)
Testamentary succession refers to succession resulting from a legally executed testament. (*The Birth Certificate)
Testamentary succession is also known as the right of inheritance. A testamentary succession is fixed and determined at the moment of a decedent’s “death”.
What exactly is “civil death?”
The state of a person who, though possessing natural life, has lost all his civil rights, and as to them, is considered as dead. Quick v. Western Ry. of Alabama, 207 Ala. 376, 92 So. 608, 609.
The following is an example of a case law defining testamentary succession;
“A testamentary succession is that which results from the institution of heir, contained in a testament executed in a form prescribed by law. [Succession of Christensen, 248 So. 2d 45, 47 (La.App. 1 Cir. 1971)].”

“The people’s rights are not derived from the government, but the government’s authority comes from the people. ”
City of Dallas v. Mitchell, 245 S.W. 944, 945-46 (Tex.Civ.App.-Dallas 1922): “The rights of the individual are not derived from governmental agencies, either municipal, state or federal, or even from the Constitution. They exist inherently in every man, by endowment of the Creator, and are merely reaffirmed in the Constitution, and restricted only to the extent that they have been voluntarily surrendered by the citizenship to the agencies of government. The people’s rights are not derived from the government, but the government’s authority comes from the people. The Constitution but states again these rights already existing, and when legislative encroachment by the nation, state, or municipality invade these original and permanent rights, it is the duty of the courts to so declare, and to afford the necessary relief.
Executor of this Instrument
Michael Charles School
Autograph Date

Witness

Before me, _____________________________, the subscriber, personally appeared Michael Charles School, to me known to be the Living Soul described in and who executed the foregoing instrument and sworn before me that they executed the same as their own free will act and deed.

Witness Autograph ______________________________ (California Jurat Attached)

Date___________________
Like · Reply · Yesterday at 12:05pm

Michael C School  Michael C School I believe this is where the Sovereign movement fails as Testamentary Succession hasnt been revoked but the Strawman account has been validated by Authenticating the Birth Certificate which i did not do. Yet……

Michael C School  Michael C School This is new ground for me and i believe i have completed it correctly. If i made a mistake anywhere i would appreciate the input so we may have a complete process for Remedy all the faster.
Like · Reply · Yesterday at 12:08pm

Randy Neroni  Randy Neroni Seems like magic scroll theory to me.
The “state ” doesn’t presume anything. It’s officer shitforbrains that makes presumptions and initiates controversy, or takes advantage of potential controversy.

Michael C School  Michael C School Thats a great opinion Randy, but where are your Facts? Officer SFB implements departmental Policy not the Law.
Like · Reply · Yesterday at 12:29pm

Tao Lauw  Tao Lauw One might ask the exact same thing for this lame brained theory that “the state can’t do A, B, or C to me because of my magic make-a-wish document.”
Like · Reply · 1 · 19 hrs

Michael C School  Michael C School Tao Lauw Eddie you are a follower not a leader, thats the difference between us. You only know Statutory Law but not Contract Law or Consumer Law or Business Law. By your response its obvious that Jurisdictionary is all you got. “People of a state are entitled to all rights, which formerly belong to the King by his prerogative.”
Lansing v Smith, (1829) 4 Wendell 9,20 (NY)
[But then again Eddie, you have an all caps name on your drivers license as a Debtor not a Secured Party Creditor.] “It will be admitted on all hands that with the exception of the powers granted to the states and the federal government, through the Constitutions, the people of the several states are unconditionally sovereign within their respective states.”
Ohio L. Ins. & T Co. vDebolt, 16 How 416, 14 L. Ed. 997
[Oh but you are a Citizen or Natural Person you say?] “governments are but trustees acting under derived authority and have no power to delegate what is not delegated to them, But the people, as the original fountain, might take away what they have delegated and entrust to whom they please. … The sovereignty on every state resided in the people of the state and they may alter or change their form of government at their own pleasure.”
Luther v Borden, 48 U.S. 1, 12 Led 581
[Hmm how do i Occupy the Office of the Executor of the Estate as One of the People since i am the Beneficiary of the Trust, not the Surety like Eddie Hmm that sounds like CONTRACT LAW.http://jec.unm.edu/…/online-training/contract-law-tutorial] “Every State law must conform in the first place to the Constitution of the United States, and then to the subordinate constitutions of the particular state; and if it infringes upon the provisos of either, it is so far void.” Houston v. Moore, 18 US 1, 5 L.Ed 19 (1840).– FRC vs. GE 281 U.S. 464, Keller vs. PE 261 U.S. 428, 1 Stat. 138 -178) “Judges do not enforce statutes and codes. Executive Administrators enforce statutes and codes.–It is abiding truth that “[n]othing can destroy a government more quickly than its failure to observe its own laws, or worse, its disregard of the charter of its own existence.” Mapp v. Ohio, 367 U.S. 643, 659 (1961). HARRIS V. NEW YORK U.S. Supreme Court•401 U.S. 222 (1971)
“A license when granting a privilege, may not, as the terms of its possession, impose conditions which require the abandonment of constitutional rights.” Terral v. Burke Construction Co.,.
—Royal Indemnity Co. v. Werner, 979 F.2d 1299 (8th Cir. 1992) explains that “A Claimant is damaged upon filing of a complaint.”, “All Codes, Rules and Regulations are applicable to the government authorities only, not human / Creators in accordance with God’s law. All Codes, Rules and Regulations are unconstitutional and lacking in due process as applied to Sherwood T. Rodrigues.” – Rodrigues v. Ray Donovan (US Secretary of Labor) 769 F.2d 1344, 1348 (1985)—CONSTITUTIONAL PSYCHOPATHIC INFERIORITY habitually misbehave, and have no sense of responsibility to their fellowmen or to society as a whole. These individuals fail to learn by experience and are inadequate, incompatible, and inefficient. State ex rel. Pearson v. Probate Court of Ramsey County, 205 Minn. 545, 287 N.W. 297, 300; Wilson v. Walters, Cal.App., 112 P.2d 964.—1983 Caselaw- COLOR OF LAW
Only two allegations are required to state a cause of action under 42 U.S.C. § 1983. “First, the Plaintiff must allege that some person has deprived him of a federal right. Second, he must allege that the person who has deprived him of that right acted under color of state or territorial law.” Gomez v. Toledo, 446 U.S. 635, 640, 100 S.Ct. 1920, 1923, 64 L.Ed.2d 572 (1980). See Tillman v. Coley, 886 F.2d 317, 319 (11th Cir. 1989); Barfield v. Brierton, 883 F.2d 923, 934 (11th Cir. 1989); Cornelius v. Town of Highland Lake, Ala., 880 F.2d 348, 352 (11th Cir. 1989). JOHNSON V. CANNON, (M.D.FLA. 1996)United States District Court, M.D. Florida, Tampa Division•947 F. Supp. 1567 (M.D. Fla. 1996)

 

Tao Lauw  Tao LauwMichael C SchoolBlah blah blah. One, I DON’T even HAVE a license and haven’t had one for over a decade. I don’t register my cars or anything at all. 

So please don’t try to tell me what I have, much less what I know. However, unlike your attempt to make ME look stupid, let’s take a tour of the demonstrable stupidity of your so-called facts in your imbecilic comments:

0) This is possibly the most idiotic statement I have seen in awhile:

“You only know Statutory Law but not Contract Law or Consumer Law or Business Law.”

Just what the hell do you think contract, consumer, and business law IS if not STATUTORY Braniac? Pull you head out of your ass, soon, because the lack of oxygen is costing you your precious few remaining brain cells.

1) Your Rodriguez case cite is as fake as your last IQ test. And the fact that you don’t KNOW that proves that your ‘research’ is either moronically sloppy or non-existent.

2) Your Terral cite is ALSO incorrect AND taken COMPLETELY out of context. Here is the full sentence of the cite:

“The principle established by the more recent decisions of this Court is that a state may not, in imposing conditions upon the privilege of a foreign corporation’s doing business in the state, exact from it a waiver of the exercise of its constitutional right to resort to the federal courts, or thereafter withdraw the privilege of doing business because of its exercise of such right, whether waived in advance or not. The principle does not depend for its application on the character of the business the corporation does, whether state or interstate, although that has been suggested as a distinction in some cases.”

Proving once again your Patrinut sucking skills is better than your vetting skills. Here is the ENTIRE opinion just in case you learn to read:

https://supreme.justia.com/…/federal/us/257/529/case.html

3) The Ohio Life Ins. case DOESN’T exist under the cite you have, nor does it exist in similarly named cases. You are now up to four self-inflicted FUBARs in just one comment. But, you seem to enjoy making slanderous comments about others while not doing your own ball-check before stepping into the ring, and now we’re going to see just how well you handle facts over fiction.

4) The CORRECT cite for Lansing is “Lansing v. Smith, 4 Wend. 9 (1829),” and that case went AGAINST the individual and FOR the corporate state. The proposition of the case was this:

“In New York, it was long considered as settled law that the state succeeded to all the rights of the crown and parliament of England in lands under tide waters, and that the owner of land bounded by a navigable river within the ebb and flow of the tide had no private title or right in the shore below high-water mark, and was entitled to no compensation for the construction, under a grant from the legislature of the state, of a railroad along the shore between high and low-water mark, cutting off all access from his land to the river, except across the railroad.”

In other words, it DISPROVES your intended implied use of the case in bolstering your so-called position.

5) The Luther case is one that you are ALSO taking out of context and offers no support for your alleged ‘process’ OR ‘paperwork’ methods. The full sentence of THAT cite goes like this:

” No one, we believe, has ever doubted the proposition that, according to the institutions of this country, the sovereignty in every State resides in the people of the State, and that they may alter and change their form of government at their own pleasure. But whether they have changed it or not by abolishing an old government and establishing a new one in its place is a question to be settled by the political power. And when that power has decided, the courts are bound to take notice of its decision, and to follow it.”

As anyone with an IQ higher than the number of ounces in an average can of soda can see, the case is speaking of the unified political body of the people, not one guy that thinks he’s found the way to write his own personal incantations to ward off the state.

https://supreme.justia.com/cases/federal/us/48/1/case.html

6) The correct cite for Houston is “Houston v. Moore, 18 U.S. 1 (1820),” and guess what, you are using ANOTHER shit-cite. It doesn’t exist in the opinion. So sorry, want a lollipop, ’cause this ass-whoopin’ is about to continue.
https://supreme.justia.com/cases/federal/us/18/1/

7) On to other non-surprises, your Mapp case cite is as non-existent as your ability to make a winning argument! No such language, implication, inference, or wild fucking guess is to be found in the opinion.
https://supreme.justia.com/cases/federal/us/18/1/

Bro’, I could do this ALL day and ALL night, because I totally fucking LIVE to destroy STUPID in all its forms. But, since I believe I have CLEARLY established that you really ARE the fucking moron I only assumed you originally were, I’m not gonna’.

The next time you want to appear intelligent and like you know what the fuck you are even doing on this planet, go talk to a kindergartner, maybe they won’t make you look so fucking stupid if you just stay in your corner of the sandbox.

supreme.justia.com

Like · Reply · Remove Preview · 2 · 15 hrs · Edited

Dan Bramschreiber  Dan Bramschreiber ha ha ha he surely hasn’t listened very much or very long.
Like · Reply · 3 hrs

Michael C School  Michael C School Have you heard of Trust Law? Testamentary succession refers to succession resulting from a legally executed testament. (*The Birth Certificate)
Testamentary succession is also known as the right of inheritance. A testamentary succession is fixed and determined at the moment of a decedent’s “death”.
What exactly is “civil death?”
The state of a person who, though possessing natural life, has lost all his civil rights, and as to them, is considered as dead. Quick v. Western Ry. of Alabama, 207 Ala. 376, 92 So. 608, 609.
The following is an example of a case law defining testamentary succession;
“A testamentary succession is that which results from the institution of heir, contained in a testament executed in a form prescribed by law. [Succession of Christensen, 248 So. 2d 45, 47 (La.App. 1 Cir. 1971)].” Juridictionary will only take you so far in life…….
Like · Reply · Yesterday at 12:30pm

Randy Neroni  Randy Neroni It is a great opinion. On that we agree.
Unlike · Reply · 2 · Yesterday at 12:33pm

Michael C School  Michael C School Can you show me where i am wrong in the Law?
Like · Reply · Yesterday at 12:34pm

Randy Neroni  Randy Neroni Yes I can. You ready ?
Unlike · Reply · 3 · Yesterday at 12:35pm

Randy Neroni  Randy Neroni Who has the burden of proof?
Unlike · Reply · 2 · Yesterday at 12:38pm

Jerry Howe  Jerry Howe State in a criminal proceeding.
Unlike · Reply · 1 · Yesterday at 12:38pm

Michael C School  Michael C School Ive already rescinded the Contract granting Presumptive Authority to the “State.”
Like · Reply · Yesterday at 12:38pm

Michael C School  Michael C School I am a Counter-Plaintiff as One of the People.
Like · Reply · Yesterday at 12:39pm

Randy Neroni  Randy Neroni Can you prove all that stuff you’ve accused yourself of?
Unlike · Reply · 1 · Yesterday at 12:39pm

Michael C School  Michael C School It works in Court
Like · Reply · Yesterday at 12:39pm

Jerry Howe  Jerry Howe Saying it works in a court and proving it did are two different things I’m looking for the proof.
Unlike · Reply · 2 · Yesterday at 12:41pm

Randy Neroni  Randy Neroni It’s all false witness. False witness against self is still false witness.
Why anyone still attempts to prove anything in a venue where he cannot prove any claim he makes, is beyond me.
Unlike · Reply · 1 · Yesterday at 12:43pm

Michael C School  Michael C School Lol! I posted my Doc’s as you requested and i am a firsthand witness. I have a Counter-Plaintiff Complaint template, just got to find it and i will post it. Defendant is the Surety. Counter-Plaintiff is a Beneficiary.
Like · Reply · Yesterday at 12:43pm

Michael C School  Michael C School Randy do you understand Precedence and Precedent are not one and the same?
Like · Reply · Yesterday at 12:44pm

Randy Neroni  Randy Neroni I understand what file your documents are going.
Unlike · Reply · 1 · Yesterday at 12:46pm

Jerry Howe  Jerry Howe I saw you docs Michael. Interesting they are, but they are not evidence in and of themselves that you have gained some sort of advantage or remedy.
Unlike · Reply · 2 · Yesterday at 12:47pm

Jerry Howe  Jerry Howe Let’s create an example scenario for the documents use.
Unlike · Reply · 1 · Yesterday at 12:50pm

Randy Neroni  Randy Neroni I’ve seen people try to argue this stuff to a judge that I know was giggling on the inside.

He was so encouraging though. He’d say “so how is it that the statutes don’t apply to you?”.

He’d listen to the whole thing and then say “that’s your opinion, the court disagrees. What else you got? “.

Must have been a slow day and they were bored.
Unlike · Reply · 3 · Yesterday at 12:52pm

Jerry Howe  Jerry Howe So, say your local county court issues a warrant for your arrest for failure to appear on a traffic violation/summons issued by a sheriffs deputy. Let’s say that warrant is issued in the all caps name. Does this name change thing mean you can just ignore the warrant? Is that what you’re saying Michael C School?
Unlike · Reply · 2 · Yesterday at 12:55pm

Jerry Howe  Jerry Howe Does it mean that if you are arrested on that warrant that they have the wrong guy?
Unlike · Reply · 1 · Yesterday at 12:57pm

Jerry Howe  Jerry Howe Really Michael, I’m just trying to ascertain what verifiable advantage or remedy you propose to get out of this name change. Because unless there is some advantage or remedy to be gained from it, than it seems to me your time would be much better spent studying the use of Title 42 so that you can get remedy.
Unlike · Reply · 1 · Yesterday at 1:22pm · Edited

Tao Lauw  Tao LauwTick, tock, tick, tock… methinks he hid beneath a rock.
Like · Reply · 1 · 19 hrs

Michael C School  Michael C School I have 4 kids and a life, Eddie, Randy Neroni why dont you guys debate me on the air? Randy Dees with the Wake Up Mission or Randy Shannon with 42 Action. 1983 is great if you like inferior Jurisdiction. Pro Se’ is the best position to bring forth a Title 42 1981 action. You are unlimited in your ability to CONTRACT.  https://www.law.cornell.edu/uscode/text/42/1981 Tick Tock Eddie

  42 U.S. Code § 1981 – Equal rights under the law

All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by wh…

law.cornell.edu
Like · Reply · 16 hrs

Randy Neroni  Randy Neroni Debate you about what exactly?
Like · Reply · 16 hrs

Michael C School  Michael C School There’s more to Law than you think. Do you know how to enforce your Rights and create your own enforceable Contract?
<Link to more Patrinut bullshit removed in the interest of public safety>
Like · Reply · 16 hrs

Randy Neroni  Randy Neroni You know what I know and think?
Like · Reply · 16 hrs

Michael C School  Michael C School I know you only know part of the law like Eddie and i see how you both hide behind each other instead of use Law in your replies. Acing Business Associations (Acing Law School )
Like · Reply · 16 hrs

Michael C School  Michael C School Thats a good book to get, its on Amazon cheap.
Like · Reply · 16 hrs

Randy Neroni  Randy Neroni I agree with Eddie because he knows what he’s talking about. Knowledge is a big deal with me.
Like · Reply · 2 · 16 hrs

Randy Neroni  Randy Neroni I used law on you earlier. You put the burden on yourself and couldn’t meet that burden. I didn’t win so much as you ensured you couldn’t win.
That’s exactly what would happen with your tactic in a judicial setting.
You want to prove that statutes don’t apply to you as an affirmative defense rather than leave the burden of proof on an accuser.

What possible advantage is in that?
Like · Reply · 1 · 16 hrs

Michael C School  Michael C School You didnt quote any law. You posed a question, i answered. I am a Counter-Plaintiff as One of the People. The State cannot proceed without an injured party and the State cannot be an injured party to an action.
Like · Reply · 16 hrs

Randy Neroni  Randy Neroni Injury is not the only way a party can have standing. A legal cause of action can also suffice.
Like · Reply · 1 · 16 hrs

Michael C School  Michael C School Depends on how much law you know. An entity has inferior standing to One of the People. Was there a Breach of the Peace witnessed by an officer of the Law? Corporations have Charters which can be revoked for breach of Ethics, Breach of Fiduciary obligation, Contract Fraud, etc..
Like · Reply · 15 hrs

Randy Neroni  Randy Neroni How many charters have you revoked?
Like · Reply · 1 · 15 hrs

Randy Neroni  Randy Neroni How many suits have you defended ? How many prosecuted?
Like · Reply · 1 · 15 hrs

Michael C School  Michael C School Why didnt you accept the on air debate then? HMM.. Tao is a follower of Jurisdictionary but cant create an enforceable Contract.
Like · Reply · 15 hrs

Tao Lauw  Tao Lauw “Follower of JurisDictionary?” You are smoking too many of your own turds there dude. I suggest that you make note of the comments I have posted here that might just be taking the wind out of your sails and your clobberfoot out of your ignorant mouth.
Like · Reply · 1 · 15 hrs

Randy Neroni  Randy Neroni He wants to debate what I think, according to the answer he gave.
Is that accurate, Michael?
Unlike · Reply · 2 · 15 hrs

Tao Lauw  Tao Lauw  Randy NeroniHe lost that debate before he even made the challenge, he’s just too wrapped up in his Patrinut blanket to see a clue.
Like · Reply · 2 · 15 hrs

Jerry Howe  Jerry Howe Tao & Randy, thanks for taking the time to set this straight. Michael‘s not the only member of this group who is still clinging to some of the various patrinut myths.But this is not the first time I’ve called him out on it because I’ve caught drift of him attempting to impose or propagate those theories over the use of real remedies such as what this group was founded upon. At least when it comes to some of the other folks who might still be clinging to these false beliefs and false hopes, they tend to remain quiet here in this group. And that’s OK because I figure, in time, if they keep reading and researching their beliefs might evolve past the nonsense. For that reason I really hate the idea of throwing people out of the group. However, in this case, because this has become an obviously ingrained pattern for Michael C School, I’m probably going to have to remove him from the group. I’m going to make a final determination on that later today. Once again, I thank both of you for your time and I certainly appreciate all the invaluable knowledge and skills you bring to this group.
Unlike · Reply · 3 · 5 hrs

Tao Lauw  Tao Lauw Jerry HoweThen might I suggest that you take his more egregious comments here and make a single post out of them, as well as my refutation of those comments. At least then, people won’t be so willing to just jump on the phantom silver bullet bandwagon.
Like · Reply · 2 · 4 hrs

Michael C School  Michael C School Lame asses is what you are.
Like · Reply · 43 mins

Tao Lauw  Tao Lauw Michael C SchoolYeah, excellent point-by-point refutation of the facts provided. Grow the fuck up.

You posted bullshit as truth and then reaped a whirlwind of ass-kicking corrections to your bogus information. You get off on passing off bogus information as if it is irrefutable fact and then you call US lame-asses?

Your ability to insult others is on par with your ability to do legal research and comprehend law, lower than whale shit on the bottom of the Laurentian Abyssal.

Like · Reply · 1 · 33 mins

Michael C School  Michael C School You two are ridiculous. Good riddance. Statutory Law is inferior to Contract Law.
Like · Reply · 32 mins

Tao Lauw  Tao Lauw Michael C School – Your statement “Statutory Law is inferior to Contract Law is irrelevant considering that you know even less than nothing about either if your other information is any indication. You are floundering more and more every time you open your mouth.

And now you’ve gone and forced me to make you famous as a perfect example of all that is wrong with the Patrinut theory of law. Way to go jackass.
Like · Reply · 1 · 29 mins

Randy Neroni  Randy Neroni He’s another one that’s going to claim I’m wrong as he goes into the cage.
Like · Reply · 1 · 21 mins



So, as you can see, even when given the facts that refute their already shaky lawful and legal foundation, they can’t get over their own cognitive dissonance to see past the fallacy of their understanding of the case opinions, the statutes involved, and piss poor arguments, much less the total fallacy of their now thoroughly discredited legal theory.

It is this very type of legal disinformation and delusional strategy that is costing people their rights and property at an already tremendous and ever escalating rate. NEVER take a case cite or statutory explanation at face value, regardless of how allegedly trustworthy the source, especially if it’s an attorney. Learn to both read and fully understand them for your own sake.

MEME - Beware of Stupidty &amp; Liberals T-Shirt

Patrinuts – A Perfect Example of What NOT to Do.

And so it goes…

Someone on Facebook reached out to me today to take a look at a video from his first court appearance for several “transportation” related allegations that have been made against him by the State of Arkansas. This is the video of that court appearance.  Turn the volume up if necessary and listen well to the verbal exchanges that takes place between the Individual and the Judge presiding over the hearing.

Which brings us to the rest of today’s lesson in how to go to court and how to make a proper challenge to said court’s presumption of jurisdiction in these sorts of matters.

The individual who posted this video has received numerous comments from the Patrinut crowd cheering him on and telling how great a job he did in addressing the court and making his challenge.  In order to understand the magnitude of the educational issues that we face in getting people properly prepared for these Ponzi schemes that are our lower courts, I have chosen to post ALL of the top level comments that were made.


Sarah Gallousis

wow, your so calm.
Like · Reply · Report · 5 hours ago

Scott Bailey

you dont have to prove jurisdiction they do
Like · 6 · Reply · Report · 5 hours ago

James Grogan

David Schwartz. This is what I’m talking about.
Like · Reply · Report · 4 hours ago

Benjamin Parker

You also need to demand a Probable Cause hearing because we all know they have none. They just arbitrarily skip that along w/ not informing you of the nature of the charges.
Edited · Like · 3 · Reply · Report · 4 minutes ago

Shawn Warren

That is the default they are now in dishonor of.
Like · 3 · Reply · Report · 4 hours ago

Kenneth Paul

ack quie essan ce
Like · 3 · Reply · Report · 4 hours ago

Heath Richards

You’re a martyr of the freedom movement, My Friend! God bless you and all that you do.
Like · 1 · Reply · Report · 3 hours ago

Kevin Freeman

When she made a plea for Shawn Warren you should have said my business here is done, and this has nothing to do with me, I am now leaving
Like · 4 · Reply · Report · 3 hours ago

Radley Bradford

I thought you had a button cam, regardless, fantastic work!
Like · 2 · Reply · Report · 3 hours ago

Benjamin Parker

Did you enter an affidavit or something similar beforehand stating that you are the man not the corporate fiction that the summons is for? Have heard its always best to enter things into the record before you go to court and say as little as possible when there.
Like · 2 · Reply · Report · 3 hours ago

Sean Westmoreland

In common law you say nothing you stand on claim ! And they have to prove jurisdiction! Which they can’t! Remember you break the law just going into their court by showing up as the corporate copyrighted name
Like · Reply · Report · 2 hours ago

Sean Westmoreland

But u did pretty good! I would never appear!
Like · Reply · Report · 2 hours ago

Sam Kelley

Those psychopaths will play their utterly childlike in mind written and spoken LEGALESE word spell and paper games all day long with you. They simply will not recognize anything but the LEGAL entity existing on a piece of paper which is PRESUMED to be SUBJECT to their corporate RULES and their privately owned and operated corporate Maritime Admiralty courts of LEGAL contracts and commerce. You’re dealing with psychopaths who have not one grain of decency, morals, empathy or intelligence. Stop going to their “courts”. Just void their bullshit LEGAL offers to contract on paper. When those utterly mindless corporate CODE enforcers hand you a TRAFFIC CITATION to sign representing the LEGAL NAME, void that shit. Write Refuse for Fraud, in the dead man LEGAL NAME box, and write your autograph in either corners of the offered contract to APPEAR to PLEA. But have the corporate CODE enforcer UNDERSTAND that you were not and or never are engaged in DRIVING, but were or do only travel. The burden of proof is on his dumbass to show evidence of you engaging in commerce on the roads for profit, gain or compensation. When he or she UNDERSTANDS, then they agree to the facts stated. So they go ahead and issue the fraudulent TRAFFIC CITATION anyway, and you get to Refuse it for Fraud and void that crap. When the “court” sends a NOTICE of a HEARING or TRIAL, then you take the copy to the prosecutor’s office and ask if they are attempting to use a fraudulent contract containing false evidence in their LEGAL proceeding. If their stupid asses say yes, then you advise them of the third degree Felony fines and imprisonment for attempting to use such false or fabricated physical evidence in a LEGAL proceeding. That should materialize into a DISMISSED. That’s if they have any fukin sense. Then tell them you will be more than happy to carry your ass on down to the Federal Court House to file those Felony charges on each and every INDIVIDUAL who participated in the fraud. Get the Feds snoopin around there and then see how they do.
Edited · Like · 2 · Reply · Report · 2 hours ago

Pat Jenn

can you post the claim?
Like · Reply · Report · 2 hours ago

Patty Brzezinski

I think you did a great job Shawn. I give you a lot of credit. Your video is a great learning tool for those that go to court after you. Cudoos.
Like · 2 · Reply · Report · 2 hours ago

David Coelho

YOU THE MAN! Keep it going you’re not alone
Like · 1 · Reply · Report · 2 hours ago

Shell Glow

Well done 😀
Like · 1 · Reply · Report · 2 hours ago

Brian O’Donnell

You did great.
Like · Reply · Report · 2 hours ago

Ricky Dean

You did very well, however you weren’t very specific on what type of jurisdiction the court lacked.
Like · Reply · Report · 1 hour ago

Michael Romero

If he has a “License” they have “Jurisdiction”, thereafter, agreed to be “Surety”.
Like · Reply · Report · 1 hour ago

Elissa Lynnie Thygesen

When they say ok, say, I object. (My 2 cents)
Like · Reply · Report · 1 hour ago

Bradley James Smith

That bailiff standing next to you is reason enough for dismissal. That was an outright act of intimidation, especially because the bailiff was not transferring records from you to the judge nor was there a reason for his interference within your space as you neither presented a risk to yourself or anyone within the court. File for dimissal due to intimidation and file a claim for emotional and psychological damages due to the trauma of that intimidation.
Like · 1 · Reply · Report · 53 minutes ago

Michael Romero

If it were a PUBLIC Court, that’s correct. The “Bailiff” being Armed makes him/her the “belligerent”. However, none of you are objecting to it.
Like · Reply · Report · 50 minutes ago

Michael Romero

Those are Private COURTS feeding on the PUBLIC ignorance, and that changes every thing.
Few will gain what I just said.
Edited · Like · 1 · Reply · Report · 49 minutes ago

Tao Lauw

I do wish all of the great legal minds providing this inherently ignorant advise would actually learn a thing or two before opening your mouth and risking SOMEONE ELSE’
HIDE with this stupidity.  (See my discussion posted below these comments).
Like · 1 · Reply · Edit · 29 minutes ago

Shane Messner

Like · Reply · Report · 24 minutes ago

Shane Messner

Great job!
Like · 2 · Reply · Report · 23 minutes ago

Randy Rebel Brown

Keep up the good fight my brother. I do similar in court. Been there 10 times. The last two they threw out…. However, I received two more pieces of paper from 2 other idiots in costumes to appear just recently. I will see how that goes. Never relent and never relinquish your inalienable rights,. You have harmed no person and no property, therefore have committed no crime. Thank you for standing up my brother
Like · 1 · Reply · Report · 6 minutes ago


So, you can plainly see that there are many in the Patrinut community that have absolutely no clue about law or how it works, much less what they are talking about in relation to all the other stuff they were commenting with. But, what they do have in abundance is way more mouth than they know what to do with when it comes to telling someone else how they should construct their own platform for legal failure. It completely amazes me how they egg each other on in their commission of legal suicide by the demonstrable ignorance and stupidity they propagate, and all because they are just too damned lazy to learn the proper methods and procedures for winning their case on appeal, or possibly even before it begins with a properly established affirmative defense and/or jurisdictional challenge.

Understand, this article isn’t for those of you that know how and why you have to make a proper record for appeal, it’s for those that haven’t a clue. Especially those Patrinuts that are under the mistaken and far more often delusional belief that they are grand champion players of these games. To actually win on appeal, it is imperative to understand how to properly make the record, because the lower courts are not designed to comply with the law or to administer any real justice of any kind. No sir/ma’am. They are there to siphon money from an unsuspecting public that has no clue how to play their legal games by the standardized rules, especially when the lower courts are not acting in compliance with those rules themselves.

After he made this post, the Individual PM’d me. This is the conversation that took place between myself and the Individual directly. Please pay attention to his comments where I used a bold and underlined font to make them more visible. Even more to the point, pay closer attention to my explanation of what to put in a proper Motion to challenge the courts jurisdictional presumptions, which will look just like this text.



  • Conversation started today
  • Tao Lauw

    2:06pm

    Tao Lauw

    What state is this in?

    Also, do you see all those comments on your post for the video? Just HOW much of that EXTREMELY bad advise did you attempt to actually use?

    Did you file anything in writing in this matter?

  • Shawn Warren

    2:26pm

    Shawn Warren

    Arkansas and I did a conditional acceptance notice

  • Tao Lauw

    2:35pm

    Tao Lauw

    I must also assume that this was your first appearance on the citations in question?

  • Shawn Warren

    2:41pm

  • Tao Lauw

    2:44pm

    Tao Lauw

    Try not to take this the wrong way, but there are some things I need to ask you up front.

  • Shawn Warren

    2:44pm

    Shawn Warren

    Sure go ahead

  • Tao Lauw

    2:45pm

    Tao Lauw

    Have you even bothered to see WHAT the subject matter is that is being regulated by the statutes you are charged under?

  • Shawn Warren

    2:46pm

    Shawn Warren

    Yes in my conditional acceptance

    They have failed to state and are in default

  • Tao Lauw

    2:51pm

    Tao Lauw

    Okay, try to understand that you NEED to forget that shit. It is a totally INCORRECT methodology for dealing with these ass-hats. If you are going to insist on listening to that crap and doing it anyway, then there is nothing that I can say that is going to make one damn bit of difference for you. And if you believe it will work, then proceed as you have and let me know how that actually turns out for you. Deal?

    Now, do you even realize that it is “TRANSPORTATION” that the statutes themselves proclaim as being the regulated subject matter over which they have jurisdiction?

    In other words, the code is regulating ONLY those engaging in the BUSINESS of transporting persons, goods, or property from one place to another FOR COMPENSATION OR HIRE as a CARRIER.

  • Shawn Warren

    2:53pm

    Shawn Warren

    Deal and yes I comprehend that. So go to trial and and have them prove I was engaging in commerce?

  • Tao Lauw

    2:55pm

    Tao Lauw

    Did I say “commerce” in this instance? NO! The term is “transportation” as THAT is the specific term being used to describe the regulated subject matter. And while they ARE related, the specific subject matter title is the issue to remain focused on.

  • Shawn Warren

    2:56pm

  • Tao Lauw

    2:58pm

    Tao Lauw

    Let me show you something here that is STRAIGHT out of your own state code that would have ended this bullshit at your first appearance if you had only NOT used that damned Patrinut crap and simply used their own bullshit regulations against them:

    2. A.C.A. § 23-2-201 (2016), Title 23 Public Utilities and Regulated Industries, Subtitle
    
    1. Public Utilities And Carriers, Chapter 2 Regulatory Commissions,
    
    Subchapter 2 -- Transportation, 23-2-201. Definitions., Arkansas Code of 1987 Annotated Official Edition © 1987-2016 by the State of Arkansas All rights reserved.
    
    (1) "Department" means the Arkansas State Highway and Transportation Department; and
    
    (2) "Transportation" means the carriage of persons and property for compensation by air, rail, water, carrier ...

    LOOK at number TWO in this text. WHAT does it say “transportation” IS?

  • Tao Lauw

    3:00pm

    Tao Lauw

    Look at the whole thing as it appears in the code:

    Title 23 Public Utilities and Regulated Industries Subtitle 1. Public Utilities And Carriers Chapter 2 Regulatory Commissions Subchapter 2 — Transportation

    A.C.A. § 23-2-201 (2016)

    23-2-201. Definitions.

    As used in this subchapter, unless the context otherwise requires:

    (1) “Department” means the Arkansas State Highway and Transportation Department; and

    (2) “Transportation” means the carriage of persons and property for compensation by air, rail, water, carrier pipelines, or motor carriers.

    HISTORY: Acts 1957, No. 132, § 1; A.S.A. 1947, § 73-151.

    http://web.lexisnexis.com/research/retrieve?_m=b580cfeb3a5a103547babc30c31aec46&docnum=2&_fmtstr=FULL&_startdoc=1&wchp=dGLbVzk-zSkAl&_md5=6a899bbc4fd63b0b3e185819c6f74e3b

    The term “carriers” as used here is PLURAL, as in applicable to EACH of those things listed, i.e. “AIR carrier,” “RAIL carrier,” “WATER carrier,” “pipelines,” or “MOTOR carrier.”  You get that?
  • Shawn Warren

    3:02pm

    Shawn Warren

    I see. So how would I use this in court?

  • Tao Lauw

    3:02pm

    Tao Lauw

    So, how about you STOP looking for magic beans and silver bullets and use their own statutory scheme to beat the shit out of them so you can sue them for malicious prosecution, false arrest/imprisonment, and constructive FRAUD!!

  • Shawn Warren

    3:02pm

    Shawn Warren

    Make them prove I was transporting ?

    • Tao Lauw

      3:31pm

      You file a WRITTEN “Motion for Discovery,” citing this statute and demanding that the prosecutor turn over ANY evidence in their possession or of which they have knowledge that shows that you were engaging in “transportation” for purposes of receiving compensation or “for hire” as a “carrier.”

      THEN, after they CAN’T provide you with that evidence, you file another WRITTEN “Motion to Dismiss for Lack of Jurisdiction,” that challenges both the subject matter and personal jurisdiction like so:

      ===========================

      The prosecution has provided no discovery showing the existence of any facts substantiated by eyewitness testimony or physical evidence that proves Respondent was engaging in any acts of “transportation” at the time of the alleged offense.
       
      Further, the prosecution has alleged no facts and provided no eyewitness testimony or physical evidence that would implicate Respondent as having ever engaged in “transportation” as that term is defined and used within A.C.A. § 23-2-201(2) in relation to the allegation(s) being made, which Respondent believes is a necessary fact element essential to the State’s claim of both subject matter and in personam (personal) jurisdiction.
       
      There is no eyewitness testimony or physical evidence that Respondent was ever being paid to transport persons, goods or property for compensation or hire as is required in order for Respondent to have been engaging in any form of “transportation” as that term is defined and used within A.C.A. § 23-2-201(2) in relation to the allegation being made.
       
      There is no eyewitness testimony or physical evidence in the form of a Bill of Lading, Passenger Manifest, Commercial Logbook, or any admission by Respondent himself or that of an eyewitness that Respondent was ever being paid to transport persons, goods or property for compensation or hire or was acting as a “carrier” for such purposes.
       
      As there is no eyewitness testimony or physical evidence that Respondent was ever engaged in “transportation” as defined in, and for the purposes stated in, A.C.A. § 23-2-201(2), then there is no evidence of the existence of subject matter jurisdiction in the instant matter.
       

      As no eyewitness testimony or physical evidence of subject matter jurisdiction over Respondent exists, the State has no standing to bring an action against Respondent in any matters relevant to “transportation,” including any alleged offenses defined thereunder within the laws and statutes of “this state.”

      Furthermore, absent subject matter jurisdiction, and absent any facts or evidence proving that Respondent was ever engaged in “transportation” as defined in, and for the purposes stated in, A.C.A. § 23-2-201(2), then there is no evidence of the existence of in personam jurisdiction over the Respondent in the instant matter.

      Therefore, this court lacks subject matter and in personam jurisdiction, the two primary elements of jurisdiction over Respondent.

      As neither subject matter nor personal jurisdiction exists over Respondent in this instant matter, and the State lacks subject matter standing to prosecute the matter, there is no justiciable issue before the court, thus depriving the court of the final element of jurisdiction.

      Whereby Respondent moves the court to immediately dismiss this matter with prejudice.

      =====================================

       

  • Shawn Warren

    3:34pm

    Shawn Warren

    I will do just that. Thank you very much for your help.

  • Tao Lauw

    3:36pm

    Tao Lauw

    There is one thing that you need to understand and expect; the lower court isn’t going to care about or respect the law. THAT is why you do EVERYTHING in writing, so that the higher court can see what actually happened when it goes to appeal. STOP worrying about losing at trial. The game is RIGGED to virtually ensure that you DO lose at trial in the off-chance that you can’t or won’t get your appeal done in the manner and time required.

  • Shawn Warren

    3:36pm

    Shawn Warren

    I am tired of never getting anywhere with the patrinut stuff. Want to be able to defeat them the right way and I am tired of being martryer

  • Tao Lauw

    3:37pm

    Tao Lauw

    So make damn sure to STUDY and faithfully follow the procedures for perfecting and getting your appeal. Start reading and learning about that NOW, BEFORE you actually need it. Make notes, recheck them, study them, then make sure you follow them.

  • Shawn Warren

    3:37pm

    Shawn Warren

    Yes I comprehend I will have to appeal. I will lol up the timeline houses for appeal in Arkansas

  • Tao Lauw

    3:37pm

    Tao Lauw

    Just promise one other thing if you don’t mind…?

  • Shawn Warren

    3:38pm

    Shawn Warren

    Sure what?

  • Tao Lauw

    3:39pm

    Tao Lauw

    Tell everyone else about how the Patrinut bullshit DOESN’T work, and that you CAN beat them at their own game IF you will just learn HOW. Because there simply ISN’T any shortcuts in the form of magic paperwork or legal silver bullets to getting it done.

    The ONLY silver bullet comes AFTER you have kicked their asses on the law repeatedly, THEN they will avoid you like the plague.

  • Shawn Warren

    3:40pm

    Shawn Warren

    You have my word I will.

     

    Cause none ice it has worked for me so far and I’ve been trying for close to 8 years

  • Tao Lauw

    3:41pm

    Tao Lauw

    The only thing that I heard you do properly and for the right reasons in that video is to begin with “I’m here by special appearance to challenge the jurisdiction of the court in the instant matter.” Everything else was wasteful and self-prejudicial bullshit.

  • Shawn Warren

    3:42pm

    Shawn Warren

    Right. I am still learning.

  • Tao Lauw

    3:42pm

    Tao Lauw

    Now, I posted the same thing I wrote here for you as a comment on that video link you sent over. Let me know how that all goes over with the Patrinut crowd that has collected there.

  • Shawn Warren

    3:43pm

    Shawn Warren

    I appriciate your straight forward not beating around the bush answers.

     

    I will keep you posted.

  • Tao Lauw

    3:44pm

    Tao Lauw

    Also, may I use that as a group discussion lesson on my wall, legal discussion group, and my blog? Better to use it to teach others what NOT to do as well as what TO do.

  • Shawn Warren

    3:44pm

    Shawn Warren

    Please do

  • Tao Lauw

    3:44pm

    Tao Lauw

    Your video I mean?

  • Shawn Warren

    3:44pm

    Shawn Warren

    That’s part of why I do what I do

  • Tao Lauw

    3:44pm

    Tao Lauw

    If you don’t mind, is it small enough to email or do you have it in DropBox or somewhere online that I can link directly to it?

    It isn’t easy to download one from Facebook is why I’m asking.

  • Shawn Warren

    3:45pm

    Shawn Warren

    Uploading to YouTube now I can email it to you if I can figure out how

  • Tao Lauw

    3:46pm

    Tao Lauw

    If it’s on YouTube then that is enough. Just send me the link once its up.

  • Shawn Warren

    3:46pm

    Shawn Warren

    Will do

  • Tao Lauw

    3:55pm

    Tao Lauw

    Also, would you mind if I use this chat session to show your thoughts on the matter?

  • Tao Lauw

    4:14pm

    Tao Lauw

    You need to amend one of the paragraphs to read thus:

    As no jurisdiction exists over Respondent in this instant matter, and the State lacks standing to prosecute the matter, there is no justiciable issue before the court, thus depriving the court of the final element of jurisdiction.

    Got it?

  • Shawn Warren

    4:21pm

    Shawn Warren

    Use what ever you need. And I just got the first call saying to make the judge pay the taxes on the charges. Jean Keating work.

    Got it



As you read in his own comments, for almost eight years the Patrinut crap simply hasn’t ever worked for him, and it certainly doesn’t work in the manner that its many uneducated and illiterate-in-law advocates would like you to believe it does. If it did, then they would be doing nothing but posting win after win by doing the things they do.  And they simply don’t, because it doesn’t work. It doesn’t work because it doesn’t properly address the issues being litigated. It doesn’t work because their methods simply  don’t follow LAW. Which is an issue that I’ve addressed on this blog before in another article.

So, if you aren’t willing to even read the laws and statutes that the other party is trying to use against you in these courts, just how do you ever intend to understand the allegations and fight back against them? Osmosis? It’s like playing a new board game you’ve never seen and don’t have the first clue about what the rules are, or even the point of the game. And yet, using only a plethora of magic Patrinut paper incantations and origami non-pleadings, you expect to beat all the other vastly experienced players by simply saying “I win, you lose!”  And just in case that sounds somewhat familiar, that’s because you have probably heard something similar before:



As you can see from the Arkansas statutes themselves, he already had an affirmative defense that would have served him well and most likely gotten the Judge’s attention enough that the jurisdictional challenge during his court appearance might have ended both the proceeding and the matter much more in his favor. Especially if he went to the appellate court  with a documented case of having properly made the oral objection and jurisdictional challenge in open court as well as in a properly written Motion to Dismiss for Lack of Jurisdiction.

Two things that will never help you win a court case is willful ignorance and being too damned lazy to learn how to do something properly that needs to or must be done in relation to the case being adjudicated and prepared for appeal.

Therefore, I issue a call to action! PATRINUTS UNITE!!

Then, PLEASE, hold each others clammy and pasty little hands while crossing the legal streets, and march your ill-informed and unstudied asses right down to your local law library and learn to frickin’ READ already!!

Just once, for your own sake and the sanity of those of us that have actually made the effort and sacrifices necessary to really and truly understand the fallacies of your arguments and position, TRY to comprehend how law is supposed to actually work!! Especially before you open your miseducated and unprepared mouth and provide useless disinformation to otherwise innocently ignorant individuals as if you know what the hell you’re doing!! STOP trying to make people believe that you have actually done the dumb-ass shit that you are proclaiming and that it’s legally infallible, which I would wager considerable money that none of you actually have. And if you did, then there is even better money to be made betting that it has never worked any better for you than it will the poor schmuck that is dumb enough to believe you know WTF you’re even talking about.

Doing this crap doesn’t make you look intelligent the way you think it does. Just the opposite in fact. But what it does do is literally make you a stumbling block to others in understanding the true nature and function of law as well as making you a direct danger to the legal safety, health, and welfare of your fellow man.

Do You Suffer From PatriNUT Allergies?

I keep encountering the same demonstrably incorrect reading, research and arguments surrounding the various Patrinut fantasies of how things work in this country in relation to actual law and that which is merely ‘legal’ or ‘illegal.’

I have watched these claims and arguments make the rounds regularly in the Patrinut community, and they are always presented as THE one perfect answer and silver bullet to ALL of the woes we currently labor and suffer under. The problem is, there is no such silver bullet solution to our current crop of problems, and believing that there is one is rather delusional in itself. I have had to address and demonstrate the fallacy of the Patrinut proposed explanations/solutions time-and-time again as being neither true nor even reasonable to accept as fact. And honestly, I think that any moderately intelligent and logical person could be totally stoned on Vicodin and bourbon and recognize many of these legal theories as being less believable and likely than their own drug-induced delusions.

Yet, after thorough analysis of WHY people continue to spread this disproven crap as fact, even after they have once again been shown that it simply isn’t true and doesn’t work that way at all, it appears to always boil down to one of two things as the root cause, badly underdeveloped reading and comprehension skills coupled with even worse critical thinking and logical analysis skills. Shockingly, even while engaging in all of these off-the-wall theories, no one ever seems to consider the possibility of a rather obvious alternative, that the system as we know and understand it is entirely corrupted, manipulated and controlled by a well-organized and entrenched criminal cartel that doesn’t care one iota for what our rights are, what the law is, and what the limitations originally imposed upon their actions and authority actually is.

Apparently, however, the cognitive dissonance associated with this possibility is so great, it causes certain types of people to resort to mystical and arcane reasoning to try and explain why that possibility alone simply cannot be the truth. So, they concoct a wide array of completely fictional historical and legal based theories involving powerful magical legal incantations and documents that will purportedly stop the abuses of power and authority as quickly and effectively as a Buick-sized chunk of Kryptonite would bring Superman to his knees. And while there is tons of actual and inferential evidence of there being very real conspiracies by a few of those in power and government (or in some later and recent cases, many), over the slightly more than two centuries of our American existence, the Patrinuts see literally every single action by anyone in a position of presumed authority as part of a conspiracy to steal everything and enslave us all that began even prior to the war for independence.

The Patrinut promulgators of these legal and political myths appear to always begin by making multilayered presumptions and inferences that are based upon a particular but totally incomplete foundation of alleged and presumed facts into an, at best, unstable legal or political theory. From there they appear to then spend their time digging around for anything that they can find and misread into something allegedly representing a proven factual bit of information supporting their theory.  And even when it is something that they have experienced firsthand, they almost always reach an unsubstantiated conclusion as to why the outcome of their situation was what it was.  And I have personally witnessed or know those that have gone to jail precisely because they were trying to use this nonsense as a valid countermeasure in their court case or other governmental dealings.

Some of these Patrinut theories include things like “The ALL-CAPS Name,” “Birth Certificate = Surety Bond,” “Birth Certificate = Converted You Into A Corporation,” “If you ‘Understand’ Something then You Agree to ‘Stand-under’ That Something,” “Write Non-Assumpsit on Citations/Bills/Legal Documents or Instruments,” “You Are/Have a ‘Straw Man’,” “UCC Law Controls EVERYTHING,” “All Crimes [Everywhere] Are Commercial,” “Birth Certificate = Straw Man,” “Post Master General is More Powerful than the Entire Government,” “Accepted for Value = Pay ALL Your Bills From Your SSN Account,” “BAR Association = British Accreditation Registry,” “The Pope/Vatican Owns Us All/Everything,” “The Pope/Vatican Controls ALL Governments,” and on and on and on….

What I have NEVER seen in conjunction with ANY of these theories, however, is a single shred of actual documented proof that the theory or outcome is even remotely factual and accurate. Instead, any documents that are put forth as this so-called ‘proof,’ at least, in every single case that I have personally looked into, have turned out to be nothing more than someone’s extremely poor reading and comprehension skills, a complete or partial reliance upon other unresearched bad/misinformation, or an intentional misrepresentation of what is actually written and/or what it means.

This is especially true when it comes to court opinions on a given subject. I see a constantly circulating barrage of the same bogus group of court rulings where the poster, who has obviously failed to research and verify the information presented, is claiming the case contains a particular cite relating to a particular subject or area of law. In the cite there is language that appears to be the ‘legal silver bullet’ that both explains and solves everything. The problem is, the cite does NOT actually exist ANYWHERE in the opinion OR the pleadings of the entire case, nor does the case even remotely infer the outcome or discussion as stated in the cite. It is totally FAKE! At other times, the cite is being reworded to mean something the original wording did not convey or intend, which means that it too is FAKE! But, for some reason that I have yet to fathom, people simply accept the posted cite as completely true and irrefutable without research and verification of any kind whatsoever.

The disinformation specialist, i.e. the Patrinut initiator/propagator, then takes this same sort of misrepresentation and disinformation chicanery and applies it liberally to legislative enactments and statutory schemes, resulting in an equally predictable idiotic and potentially legally dangerous outcome for the misinformation end-user who doesn’t bother to do their own due diligence and research into the information before relying upon it. A perfect example of this type of statutory dissimulation is FBI Director James Comey’s announcement that Hillary Clinton should NOT be criminally charged in her private email server incident because the FBI could not find any actual evidence of intent to commit a crime. The problem with this analysis, however, is that the statutes that make her actions completely criminal do not require intent in order to for the offense to have been committed. The standard of the statute is negligence, which even Comey admitted existed in abundance. Thus, his suggestion that she should not be charged with even a single crime remains something of a real head-scratcher. But, that is a conspiracy best explored at another time.

The thing that astounds me the most about the plethora of Patrinut myth propagation specialists is that, when you ask for supporting evidence, or you disprove their ‘evidence’ and ‘facts’ by showing that no such statute, case opinion, or reading of either is actually true and correct, they become downright hostile to the one that exposed them to the real facts that they were missing. Instead, they react with the equally idiotic response of “I don’t have to prove anything to you!” Hey, Patrinut Boy/Girl, a little reality newsflash for you, you could not have demonstrated my point any better as to your lack of comprehension and learning skills with that response, because, if you had any such skills, you would already know that the rule of ANY law and legal system is that “he who makes the claim MUST be the one to prove up the claim.” And this is what astounds me so, that these are the very same people that claim to be demanding and searching for the absolute truth, and allegedly providing that truth for us all to see, but who seem to utterly resent anyone that provides facts and evidence that disproves what they believe and are presenting to others. You would think they would be happy to learn that they were mistaken, and that there actually is a more logical and provable theory of what and how things are going or being done wrong.

Do you understand my quandary yet? A Patrinut spouts bad or intentionally misleading information, all the while decrying that many folks “just don’t get it,” that those who disagree are “agents” of some kind (a favorite ploy of the CIA, who actually coined the discrediting nomenclature “sovereign citizen”), and that the fascist, statist, and corrupt government shills are trying to spread constant disinformation to mislead us all. And yet, if you dare expose that THEY are doing the EXACT same thing, suddenly YOU are the bad guy in their little fairy tale. It doesn’t even matter if you explain that you don’t think their spread of misinformation was intentional. Just by challenging their misinformation you become a “hater of real truth” because you dared challenge and destroy this self-described “prophet patriot’s” unsubstantiated version of realty by using actual facts and evidence that proved him or her to be, at best, mistaken, or at worst, intentionally and deceitfully disseminating misinformation. I have had this exact experience numerous times on Facebook and other discussion forums. And cognitive dissonance being the highly contagious disease that it is, all of their little disciples jump on the hater band-wagon and start calling you a fascist or some other equally unintelligent attack upon your person and character. It leads one to ask the question “just what color IS the sun on the planet where these people live?

So much for the unity and interaction of the real Patriot community when it comes to working together using factual truth and accurate presentation of information that can be useful and used by others. It is this disinformation that keeps us divided and chasing our tails and other legal phantasms, rather than helping us organize and recognize the real problem so we can reach a viable solution in a cohesively unified manner. And the longer we remain divided in our understanding and direction in creating a solution, the stronger our real enemy gets and the less options we have available to regain control of our lives, property, and government.

Therefore, with all of that in mind, might I suggest something here? If you are going to study law and the legal system, or even just American and political history in general, and then try to use that information to actually assist and educate others, you should either learn or devise a reliable “Standard of Review” for your research and theories. Something like this would at least be a good start:

Standard for Review:

Rule 1: To understand any relationship you must:
.
… (a) First understand who the parties are (from their origin);
.
… … … (1) Always know yourself first, as a free individual acting
… … … …. in your private capacity; or
… … … …. as an individual acting in a 
public ‘legal capacity’;
.
… (b) Discover the true nature of all other parties second;
.
… (c) Then you must understand the historical and
… … . environmental nature of the relationship; and,
.
… (d) NEVER rely upon multiple levels of inference, rather,
… … . use ONLY one level of inference that is BOTH a
… … . REASONABLE and PROBABLE conclusion based upon
… … . the existing fact(s); and,
.
… (e) Only THEN can you understand how applicable laws
… … . may effect that relationship and/or the parties to it;
… (f) thus, it is time to study such laws in earnest.
 
Rule 2: Review the details of the relationship in question only after you have completed the review required by Rule 1, then review the actual terms of the relationship and the details in question in accordance with what you learned from applying Rule 1.
We are all too divided and suffer from too much tunnel vision in wanting to be the real-world version of Neo, the “chosen one,” when it comes to solving the problems within the very real “Matrix” that we currently exist in. What the Patrinuts have yet to come to understand is, Neo’s ‘Matrix’ existed in a movie studio and special effects lab, so that’s why he could fly and stop bullets with just his thoughts. Our Matrix exists in a much more tangible and dangerous world. And despite how cool it would be, we can’t fly, and, if we try to stop bullets using just our minds, then our shadow is going to resemble the spots of light reflected from a cheesy 70’s disco ball. Which is a really dire consequence for believing that we were capable of doing so.
So, to all the Patrinuts out there, you’re correct about one thing, there is a real Matrix. The downside is that your political and legal explanations and solutions for dealing with it aren’t.

Statutory Interpretation 101 – Using Definitions From Another Statute or Code

There is no shortage of self-proclaimed “legal experts” on Facebook and other social media. Prior to the advent of this form of communication such people were more commonly referred to as “jail house lawyers” by the courts and prosecutors. Judges and prosecutors coined the phrase as a derogatory inference of the credibility and reliability of legal information and tactics such people attempted to impart to their peers, most commonly from within the same cell block in which the “jail house lawyers” themselves were also incarcerated as arrested or convicted criminals.

Those same prosecutors and judges have often referred to me in the same manner, as I am not a member of their elitist club. A club that, from what I have personally observed for all intents and purposes, has only minimal qualifications for being a member; 1) the ability to spend untold sums of money to obtain an education and degree in adhering to someone else’s opinions about the law rather than the actual law, 2) the innate ability to completely ignore and disregard the laws necessity of providing for and protecting the fundamental principles of right, wrong, and justice, and 3), the willingness to forgo even the most basic forms of morality and justice for a paycheck and career advancement.

In modern times, however, the vast majority of these “jail house lawyers” have not only never been in jail, they have never so much as stepped foot inside a courtroom or waged a legal battle of any kind. And those that have, of which there are damned few, usually got their asses handed to them by the prosecution and the court. Not all of them mind you, but most certainly the greatest percentage of them. Afterwards, the losers could be found standing or sitting around and complaining about how their trial was rigged and the prosecutors and judges are all corrupt and incapable of doing their jobs correctly. These are also the same losers that almost invariably did absolutely nothing right in preparing for and fighting their case properly. The even rarer number of people that actually did prepare and do everything properly, correctly, and had the law on their side from the very beginning, but actually lost their case anyway, are the only ones that have any right to complain about how they lost because of a corrupt prosecutor or court justice. All others are just idiots blaming the system for their own inadequacies and failure at properly understanding and preparing for what lay before them in the moment.

However, decades of experience in learning and doing all of these things myself has taught me quite a few things about “jail house lawyers,” the most important things being that:

  • the majority of them are completely ignorant and clueless to a mind boggling degree about how to find, read, comprehend, and then apply facts and law to their court cases; and
  • not all of them are totally wrong or incorrect in what they say and do, but those particular individuals are as scarce as hens teeth and Dodo birds.

A perfect example of one of these totally ignorant and clueless “jail house lawyers” is a gentleman on Facebook who calls himself “El Hotepsehkemwy Pero.” He has made multiple statements of fact over time about how to properly read and interpret statutes that I have challenged him on as being nothing short of intentional deception because they are so far off the mark of how to properly read and understand statutes that it borders on the ludicrous. An action and mentality for which he is, unfortunately, not at all unique in the Patrinut realm. Here, in his own words, is a perfect example of what I mean by ignorant jail house lawyer, and precisely what the prosecutors and judges were inferring about such individuals when they coined the phrase:

El Hotepsehkemwy Pero You got it…

But; let me now help you take it one step farther brother…

Can you find a; “motor vehicle lease statute” in your state…?

El Hotepsehkemwy Pero That’s where you define intent of use…

It is intended to be used for…?

“Private use” OR ” your trade or business”…?

El Hotepsehkemwy Pero And where does the State define its intended use…?

“except where otherwise defined”…

See; 26 USC 770; Definitions – (h)…

(h) Motor vehicle operating leases…

Hmmm… defined in the IRC(Internal Revenue Code – listed as title 26 in the United States Code; abbreviated as; USC – but; use US Code in search engines as it will pull up University of Southern California otherwise)…

Also note; when Congress meets to address issues – each session deals with “certain” issues and then when things are implemented upon resolution of issues we see the associated changes within the codes…
Recently the IRC has been going through updates…
Changing of wording and placement of definitions mainly…

My response to this totally incorrect reading and understanding of how statutory construction and the definitions found therein do and do not work when it comes to reading and application was fairly straightforward:

Tao Lauw El Hotepsehkemwy Pero – Uuuhh, yeah, that concept you speak of above, how to read and apply any particular statutory definition or principle found in a completely different set of statutes to another completely different set or specific of statute(s), is ALSO patently incorrect. 

You are once again attempting to equivocate or convert the definition or context of a term or phrase legally defined in one statute dealing with a totally DIFFERENT object within the law, an object that is only ANCILLARY to the actual subject matter itself (transportation/ commerce), with the meaning and purpose of a totally different object or collection of objects in another section of law. It simply does NOT work that way. Unless the ‘other’ section you are making a comparison to actually states that the definition from another completely different statutory section you are claiming applies to the section you are reading DOES apply, than it is NOT legally binding upon the meaning of the term or phrased in that other section UNLESS a court rules that it IS applicable. STOP DOING THAT!! The ONLY exception to this rule is the use of CRIMINAL/PENAL CODE definitions across other PUNITIVE statutory provisions where the same term or phrase is NOT defined locally within the statutes.

That said, you can try and use it for comparison when the section you are attempting to decipher and argue has no definition of its own, IF you can make a logical fact based argument as to why it should be interpreted that way, BUT, you CANNOT make the conclusion yourself that no other definition can be used or applied. You have to have an argument that convinces the court to do that for you, if it legally can. 

You do this by arguing that:

“The Legislature created no new or different definition in Section XX.XX for the particular term or phrase “<TERM/PHRASE>,” but, they DID define that same term or phrase over here in Section YY.YY, in which they defined “<TERM/PHRASE>” in this way:

… “<TERM/PHRASE> means blah blah blah blah.” 

“As the content and context of Section XX.XX appears very legally similar and related to the same specific statutory object as that of Section YY.YY, then it would logically appear that the same legal meaning found in Section YY.YY can and should be applicable to Section XX.XX, and I move the court to provide a judicial determination as to that point.” 

But you most certainly DO NOT do it in the manner you keep trying to do it in. Not ever.

One of the responses I received in relation to this manner and explanation of how to properly read and apply the definitions found within statutes was this:

Timothy Herries Tao Lauw I get what you’re saying. But I don’t understand what is inherently wrong with applying other code definitions, especially ones of higher authority, when the code referenced in this post specifically references “except where otherwise defined”. This would start off as any definition given in any other code until/unless rebutted.

Timothy Herries Tao Lauw 
I’m so confused. Except where elsewhere defined…. How can that be interpreted any other way? It doesn’t make logical sense to me.

My reply to this query was equally straightforward:

Tao Lauw Timothy Herries – Then try to understand it this way:

Statute Section A defines a TERM/ PHRASE in this way:

“<TERM/ Phrase> means xxxxxx xxx xxxxxx xxxx.”

Statute Section W defines the SAME TERM/ PHRASE in this way:

“<TERM/ Phrase> means yyy yxyxyxy yyyxxyyxy yyyy.”

Now, ARE the two definitions the SAME?

The correct answer is NO!

Furthermore, Section W is precisely what is meant by the phrase “except where otherwise defined,” i.e. “Section A’s definition means THIS, except where otherwise defined, such as in Section W, where the definition means THAT.” 

In no way does this exception allow the definition found in Section W to replace the definition found in Section A, for which there are TWO very specific reasons, 1) Section A already defines the term in the manner required for Section A, not Section W, and 2), the rules of statutory construction prohibit this form of reading precisely because Section A DOES have its own LOCAL definition of the term or phrase. When a section of statute has a LOCAL definition, then THAT definition is 100% controlling UNLESS the local provision contains language specifically deferring to some other general or specific definition found elsewhere.

A perfect example of this is found in Section 521.1211 of the Texas Transportation Code, which reads:

Sec. 521.1211. DRIVER’S LICENSE FOR PEACE OFFICER. (a) In this section, “peace officer” has the meaning assigned by Article 2.12, Code of Criminal Procedure, except that the term includes a special investigator as defined by Article 2.122, Code of Criminal Procedure.

Notice that the LOCAL definition of “peace officer” SPECIFICALLY states that the definition found in another section of law is controlling in this local section, BUT, it ALSO adds to the other sections definition with its own local alteration/ addition to the definition in the form of the statement “… except that the term includes a special investigator as defined by Article 2.122, Code of Criminal Procedure.”

Therefore, Section 521.1211 of the Texas Transportation Code IS the “except where otherwise defined” local statutory exception to the definition originally found in Article 2.12 of the Code of Criminal Procedure.

The moral of this story being, be careful whose information and advise you choose to rely on when it comes to fighting a court case or some governmental agency on your own. Not all knowledge and information is equal in relation to the firsthand court experiences, knowledge and study that has gone into formulating and developing it. Despite the popular Patrinut opinions to the contrary, there are not always multiple ways to skin a particular law like there may be for cats. Law has its fairly strict channels and procedures, which, for the wholly ignorant and inexperienced jail house lawyers and Patrinuts who may be reading this, means it is intentionally designed to not be so nearly open-ended as one might be able to practice when skinning cats or anything else.

This design is necessary to prevent wholly arbitrary or intentional misapplications of the laws by the very people responsible for knowing and upholding them properly, not to trick and deceive the unwary populace into being unaware that the Queen of England, the Pope, or the Post Master General is the ultra-super-secret none more secret super authority over all of America and its people. Yes, the majority of Patrinuts DO believe exactly one or more of those situations to be the case, thus making them the ignorant equivalent of “Flat-Earthers” in the world of law and how it works.

When in Rome…

I am surprised by how many people there are that seem to view the right to self-defense as being something strictly associated with the 2nd Amendment of the Constitution of the United States.

The Soldier vs. The Gladiator.

I’m surprised because I cannot understand the mindset that, when it comes to being able to defend oneself, or someone else who can’t act for themselves, why would you knowingly limit yourself to only being able to do so with a gun or other physical forms of combat? No soldier goes into battle untrained in at least some form of hand-to-hand combat, because it would be utterly foolish to rely on the fact that your gun, or ammunition for it, will always be available on a battlefield when you need them most. To think this way is severely limiting to how well one is likely to do when having to improvise in battle. Ask any United States Marine or Special Forces soldier what his most important weapon is, and to a man they will answer “my mind.” These soldiers know that it is their mind, their ability to critically analyze, plan, and act in an instant on the available information is what will keep them alive and fighting.

Soldiers are also taught how to think strategically and pre-plan their course of action to the best extent possible. The smart soldier also plans for multiple contingencies that account for both the success and possible failure of the primary and secondary mission objectives. But the truly wise soldier plans not only for all for these things, but also with the constant reminder of the primary rule of war, that no battle plan ever survives contact with the enemy.

The ability to plan ahead-of-time is the primary difference between a soldier of war and a gladiator of the Colosseum. While a soldier will usually have the opportunity to survey the field of battle beforehand, or at least to study a map that will provide some sort of useful information and intelligence about the terrain and what does or may exist there, a gladiator rarely has such an opportunity. A true gladiator would be forced to enter into the arena without any idea of what was on the other side of the hypogeum doors until they were opened. He was usually driven onto the killing grounds at spear point if he would not enter willingly to face whatever was awaiting him and his companions there. Sometimes it would be other men, sometimes animals, sometimes machines, and sometimes it may be any combination of these. Sometimes the gladiator would have comrades to battle beside him, and at others he would have to battle and kill those he had come to know as friends off the field. A gladiator had to be truly adaptable and willing to do whatever it took to win, because it was the rarest of occasions when he would step into the arena with the odds of survival and victory already in his favor.

In addition to the real gladiators and battles that the Colosseum accommodated, it was also host to the Praegenarii, or ‘mock gladiator,’ who served as a fill-in act during intervals and scenery changes between battles. They usually conducted their mock fights in a comical and clownish manner for the entertainment of the crowd and the Emperor during the lulls between games. They would conduct mock recreations of the days highlights in the gladiator games or other historical battles of other legendary gladiators. They even sometimes performed mock versions of great historical Roman campaign battles, that is, when the Emperor was not forcing real gladiators to shed real blood to reenact them. It was not even unheard of that, if the Praegenarii were particularly displeasing to the crowd or the Emperor in their antics, the next battle to be watched could very well be between the clownish and unskilled Praegenarii and the real gladiators.

The Original Roman Colosseum.

In ancient Rome, the Colosseum was a huge open arena that covered approximately six (6) acres. Its seating capacity allowed it to hold between 50,000-80,000 Roman spectators. The arena floor of the Colosseum had 36 individual trap doors installed, allowing for what was then considered some very elaborate special effects by modern standards. But these trapdoors could also contain hidden dangers that were yet to be unleashed on the combatants, or even be rigged as a trap to injure or kill them. It is said that more than 700,000 people of all races, religions, and descriptions, died on the bloody arena floor over the years that it was active. The Colosseum of Rome was an extremely dangerous and ugly place to be a combatant, whether voluntary or involuntary.

 

The New American Colosseums.

Ancient Rome may have had the Colosseum, but modern America has its own smaller scaled version of this dangerous battlefield, we just have a less grand name for them, courts. This new form of the ancient Colosseum has guards and games masters, just like the original. Also just like the original, they are each presided over by their own little black toga-wrapped Emperor that thinks him or herself to be a god in their own right. Despite the egocentric nature of their own self-importance, we normally just call them judges.  By Comparison, if you think the Colosseum was a rigged game against the original gladiators, you haven’t seen anything that compares to the rigged game that is the American court system.

The New Gladiators.

Did you know that there were more than twenty (20) different types of gladiators that appeared and fought in the Roman Colosseum. But despite all of that diversity, it is a drop in the bucket compared to the diversity of new American gladiators that exist today.

It should go without saying that, considering the potential consequences of having to fight in the Roman Colosseum, it would be hard to imagine that someone would actually choose to voluntarily become a gladiator to do battle there, much less to do so on an ongoing basis. This wasn’t really a problem in the days of the Roman empire, as most gladiators were prisoners, slaves, or otherwise conscripted into service. It is in this sense that the American People have been compelled to participate in the ‘just-us’ system as one of these new types of gladiator. This happens because they are being forced to enter into this new American Colosseum we call the courts, where they have to defend themselves against an often much more powerful foe. One who is well known for not fighting fair or following the rules in order to win its battles. This foe is the State, its agencies, and its actors.

This means that the American people now face a choice much like that faced by those who were unfortunate enough to have been conscripted into the role of the Roman gladiator. Learn, train, fight, win, or perish (lose).

 

The New Praegenarii.

The only bright side of this new system is that the role of the gladiator victim is not the only one that has been carried forward in a new form, there is also a new kind of Praegenarii. Be aware that the new Praegenarii in our modern version of the Colosseum comes in two different forms, that of attorneys, and the other as Patrinuts. Both have their strengths and weaknesses, and both are usually pretty reliable for providing the crowd with a good laugh or eyeball roll at their antics and stupidity.

The Attorneys.

The attorneys act more seriously and gladiator-like, much as the Praegenarii who were reenacting true-to-life versions of Rome’s most glorious campaigns and battles, but would still do so with some small comedic elements if one watches closely, and, occasionally, even with a grand explosion of clownish and ignorant behavior. The truly nefarious thing about the attorneys as modern Praegenarii is not really their level of actual skill in the use of the normal weapons, but rather their unscrupulousness and totally underhanded methods of combat, which is usually done by completely twisting and corrupting the weapons themselves beyond recognition. While most attorneys that you will encounter in these arenas have all the skills necessary to look and act like real gladiators, they almost never have the skills and expertise necessary to engage in a real fight and win it. The key is in knowing how to tell just when and how a battle is winnable, and what tactics will work best to accomplish that end, which you can best learn and apply by watching and listening to other attorney(s) and comparing what you hear and see them do to what you should have already taken the time and effort to know for yourself about the proper way to engage in these fights, and that is through the learning the rules of engagement and other information described below.

The Patrinuts.

Then we have the Patrinuts. When a Patrinut dons the garb of a gladiator, it is truly a sight to behold. Not because of how awe-inspiring and fearsome they look, sound, or conduct themselves in battle, but because of how the complete massacre of the Patrinuts that usually ensues more closely resembles that gaggle of foppish and totally unskilled clowns and buffoons with inferentially poor acting skills who pissed off the crowd of Roman spectators or disappointed the Emperor to such an extent that they were forced to fight to the death against a group of real and battle-hardened gladiators. A gladiatorial battle involving a Patrinut will almost always provide some level of entertainment, usually ranging from sheer cross-eyed boredom, to slack-jawed disbelief, to outbreaks of belly laughter so uproarious and voluminous that the Emperor orders the entire Colosseum cleared until he can decide upon a course of action. Which usually winds up being that the Patrinut is stripped naked and thrown to the lions for the sheer entertainment and appeasement of the crowd.

 

How to Survive the Colosseum and
Retire as a LIVE Gladiator.

If you wanted to survive the Colosseum as a gladiator, you had to learn how to be the best and most awesomely skilled gladiator you could be. This means that those men and women had to become skilled in every manner of weapon, shield, and hand-to-hand combat technique they could learn and master in whatever time they were allotted to make ready. They not only had to master the weapons of war, but also the accompanying accouterments by becoming masters of horse and chariot, conventional and unconventional battle tactics, and thinking and acting on their feet in the heat of battle. It meant learning how to think, act, and react very differently than they once did, or ever would again.

This leads us to the as-yet unrealized problem faced by most Americans today, that these preparatory requirements have not actually changed for any of us as the new American gladiator. Why you might ask? Well, like it or not, there is always the possibility even today, a much greater one in fact, that, just like it was possible in the days of Rome, you could just as easily be conscripted to appear in one of these newfangled Colosseums and coerced into engaging in a fight you never asked for or wanted.

Learning how things worked on the arena floor, and how to adapt to whatever situation or enemy that may arise, was extremely important to a gladiator’s survival. In our modern-day arenas, just like the gladiators of old, you need to learn several things before you have to enter if you are to survive to see another day. The longer you have to prepare and train to sharpen your skills before that day arrives the better. The wise gladiator is one who knows that, even though he has yet to actually enter into the theater to engage in a real battle, he should take advantage of the time he has to make himself as battle-ready and survival -prone as possible.

By studying the rules and tactics necessary for waging these new kinds of engagements, you can be far more successful than you might otherwise think. The primary rules and weapons used on today’s field of battle are the Federal and State Rules of Evidence, Procedure, and Judicial/Professional Conduct. These are formidable and trustworthy weapons in the hands of a skilled gladiator. Augment those skills with an irrefutable understanding of the multitudinous variations of the other weapons and skills of war used on the battlefield, meaning the modern laws and statutes, and you become an awesome gladiatorial force to be reckoned with. It is not nearly as difficult as many would have you believe to become equally or superiorly skilled compared to most of the attorneys that you will face in this arena. Remember, far more of them are really just a bunch of clowns and buffoons who are merely playing at the role of being a real gladiator than even they tend to realize. This usually makes them overconfident and foolish in how they will try to duel and deal with you more often than not. Which means that the better you prepare and hone your skills at being a real new American gladiator now, even if you currently feel that you have no need of such skills, the more likely it will be that your newfound talents will enable you to more quickly draw your opponent within reach of your legal weapons for a quick and clean kill if and when the time to fight finally arrives.

But, beware still the fickle and spiteful Emperor, for he is the most dangerous opponent of all. His is the power to overrule everything, even your hard-won victory, at least for a time. However, the better you handle these weapons and yourself, the more likely that the Emperor is not going to be willing to risk angering the crowd when they are showing overwhelming support for you as the victorious gladiator, no matter how much the Emperor might secretly wish to do you harm. The more knowledge and skill you have, the more likely the Emperor will not act upon his own capricious whims or out of sheer envy and jealousy over your popularity with the People when you finally stand as an uncoerced and free man at the end of the day.

Just try to avoid stepping in all of the Patrinut blood pooling on the ground as you leave the arena.

State Administrative Agencies Regulate Only “Legal Persons.”

The bane of all fundamental human rights in America today is the rise to power of an unconstitutional institution known as “administrative law.” It permeates every area of our lives in ways that even a Korean Kimche fart in a tiny room with no windows can do.

Administrative law is unconstitutional because it is used to violate every single rule of due process that exists to protect our individual rights. It allows punishment without judicial review, and legalized extortion as a legitimate power of government that the People never intended or approved. In short, it is legalized theft backed by the power of the State.

The Patrinuts all think that the only remedy to be had in such instances is to use what they refer to as “commercial processes.” For example, legal remedy based upon unsubstantiated theories such “Accepted for Value (A4V),” “Commercial Liens,” or “U.C.C. Redemption.” Not only have I never found any lawful merit in these processes as the Patrinuts try to apply and use them, but they usually wind up making matters much worse for those people that try to do so. I also say that these theories are unsubstantiated based upon the fact that 1) I have never seen any of them work as described, 2) I have never seen them produce results that are repeatable in multiple instances, 3) I can find no law or authoritative documentation that establishes any of them as valid legal remedies for anything the Patrinuts try to use them for, 4) more people lose, and lose worse by using them, than those that are not using them.

It also doesn’t help that you pretty much have to swallow a whole sheet of LSD-laced postage stamps to have any of the Patrinut theories even begin to make any sense, which is why they can only EXPLAIN to you how they think it is all supposed to work, but cannot actually PROVE or document any of it from an authoritative verifiable source. This is compounded by any attempts they may make to convince you by posting links to statutes and small sections of case cites from questionable internet resources, and then you reading them only to find out that the case citations are completely fake, totally out of context, or not at all on-point for the issue at hand. Then, the pièce de ré·sis·tance turns out to be that Patrinut guru that’s been providing this information to the public forum has the reading comprehension and interpretation skills of a cardboard box, with the box itself actually being far more useful than this Patridiots so-called information. At least you can take all the stupid documents, videos, recordings, and other crap you got from the Patrinut and carry it all to the trash in the box.

So, while the Patrinut crowd is so busy over-complicating everything, even how to be stupid and proud of it, I almost always have found that the best real remedy in the law that one could possibly seek out and rely upon, is one that already exists in the law itself. Especially one that is verifiable, reusable, reliable, and produces repeatable and consistent success in multiple instances. This is something that I have never seen any of the Patrinut’s alleged  remedies accomplish.

What does this all have to do with administrative law you may ask? Well, believe it or not, despite its unconstitutionality in so many ways and areas when it comes to due process, it very often also provides you with an immediate remedy to any administrative issue you might currently be having to contend with. Administrative law generally supplies this remedy in the form of what is commonly referred to as an “affirmative defense” against any administrative allegation(s) and the related monetary fine(s), fee(s), or penalty(s) that might otherwise follow if left unrebutted by an answer to said allegation(s). The downside being that any failure on your part to provide and answering rebuttal results in you actually losing the issue by default and then having to seek remedy anew at a greater cost and effort to yourself.

Affirmative defenses are not strictly limited in availability to administrative law. Many areas of law, including criminal, have statutorily provided affirmative defenses for certain types of criminal allegations.  For example, in this screen shot you can see all of the individual chapters of the Texas Penal Code where the phrase “affirmative defense” can be found in relation to certain crimes. If you click the picture it should take you to the Texas Legislatures web site, where you can follow the individual returned search links to see how an affirmative defense applies to a particular crime and how to use it for your defense if you are accused of the crime and the defense applies.

Search Results - Penal Code 'affirmative defense'

This is pretty much the same way it works in administrative law as well. The one caveat is that administrative statutes don’t always specifically state that an affirmative defense exists. In which case, you have to know not only how to read and comprehend the statute, but also how to determine if such an affirmative defense is actually available as a remedy.

Which brings us to the actual purpose of this article. Texas has what is known as the “Texas Commission on Environmental Quality” or “TCEQ” for short. The TCEQ is a State administrative agency, and one of their areas of jurisdiction is the oversight of “irrigators,” which is really a shorter and more fancy term for “underground sprinkler installer and repairman.” Now, the TCEQ, like any other State administrative agency, is all about the money, which normally comes through the form of licensing, such as those who wish to be state licensed irrigators. But, also like any other State administrative agency, they like to abuse their power and authority. Which also means that the legal counsel for the TCEQ is more than willing to intentionally pervert the administrative laws to those very ends. Usually for the purpose of extorting excessively exorbitant administrative fees, fines, and penalties, from those who are unlucky enough to fall within their jurisdiction and/or invoke the ire of any of the petty bureaucrats therein.

I have a friend who is an irrigator and owns his own irrigation business. A business he has worked in for more than 40+ years. He started this business long before there even was a TCEQ and before it was necessary to obtain a license to simply earn a living by burying plastic pipes in the ground to run water through so your lawn doesn’t turn brown and blow away.

Needless to say, the TCEQ decided to set their monetary extortion sights on my friend, to the tune of over $6,000.00, per allegation, per day of alleged violation. In other words, to extort enough money to either force him out of business or to fund their whole budget for the next six years. My friend is almost 70, and runs a crew of 3-4 people from a single pickup truck and trailer. Needless to say, that kind of money simply doesn’t exist for him. There is also the slight problem that comes from there being a constitutional protection against “excessive fines imposed” in the Texas Bill of rights, to wit:

Sec. 13.  EXCESSIVE BAIL OR FINES; CRUEL AND UNUSUAL PUNISHMENT; REMEDY BY DUE COURSE OF LAW.  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.

Administrative law agencies and their legal counsel would have you believe that these protections are not available or applicable to you if they have set their sights on getting your money. They are patently wrong on that front. These protections are available to the People, but, they are not available to the “legal person” that the statutes regulate. In the ‘legal’ eyes and presumptions of administrative law, these two ‘beings’ are not the same, and have totally different existences and rights. Which, believe it or not, is actually a correct interpretation of the law.

However, what happens to that legal presumption when it is being applied to one of the people that is not also one of its “legal persons?” What happens when the TCEQ tries to apply its regulatory codes, which clearly state that they apply only to the legal person who is one of their licensed irrigators, but not to the living being who is not one who possesses its license?

Well, in this case, what happens is the statutory inference of an unbeatable affirmative defense that ensures that we can prevent the TCEQ from accomplishing its goals of either extorting my friend out of all of his money, or forcing him out of business altogether because he won’t kowtow and allow himself to be forced into acquiring their license. In other words, his remedy, and yours, is actually already built into the law itself. They just hope that you don’t know that or how to find it, much less make use of it.  The key to it all is to never leave them an ‘out’ that they can use against you, whether now or later.

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.