Texas Injustice – It’s Either Time for a Permanent Change or a New Revolutionary War

May 7, 2020May 27, 2020 Tao of Law8 Comments

At some point earlier today the Texas Supreme court ordered the release of Dallas area salon owner Shelley Luther from jail where she was illegally sentenced to seven (7) days for contempt of court on May 5, 2020 by Dallas District Court Judge Eric Moýe. A charge that was illegally made and prosecuted against her on the grounds that she refused to comply with a temporary restraining order (“TRO”) issued by County Judge Clay Jenkins. an order that ILLEGALLY commanded her to close her perfectly legitimate and lawful business and face either a completely unconstitutional Bill of Pains and Penalties levied under color of law, or, suffer through potential bankruptcy and the starvation of her children and family. Mrs. Luther chose to refuse the abusive demands of these state and local officials and not bend her knee or her head in order to comply with them. Prompting me to exultantly cheer for her and all those like her, because such courage in the face of state-sanctioned and enforced adversity is extremely rare these days!

The TRO was issued by Judge Jenkins under color of law, that of Governor Greg Abbott’s equally unconstitutional and illegal “stay-at-home” executive order. The problem for Judges Jenkins and Moýe is this, a governor’s executive orders are NOT binding public law and have ZERO legal authority upon the public and their person, rights, or private property/business. They are binding ONLY upon other governmental actors and NO ONE ELSE!! The people of Texas declared this to be the case when we delegated law-making authority ONLY to the two houses of the Texas Legislature, which creates Bills containing LAW that a governor can ONLY sign to approve or veto. But a governor cannot rewrite or replace such legislation with his/her own form of legislative text and then sign their own new or replacement text into law. Thus, the TRO was ILLEGAL on its face the instant Judge Jenkins PRETENDED to issue it, and since there was ZERO lawful authority invested in his public office to issue such an order, he was instantly guilty of IMPERSONATING A PUBLIC SERVANT (judicial officer) and acting illegally under COLOR of law and lawful authority. Both of which are CRIMES under Texas AND federal law!

Judge Jenkins’ actions also constitute the commission of at least THREE other felony crimes under the Penal Code of the State of Texas, Simulation of Legal Process, Abuse of Official Capacity, and Official Oppression. (See links to the text of these crimes below).

Compounding Judge Jenkins’ crimes are those perpetrated from another judicial bench by Dallas District Court Judge Eric Moýe when he acted to illegally enforce an equally illegal TRO with a false charge of contempt of court against Mrs. Luther. Judge Moýe made the additional and contemptible mistake of staging the entire presentation as a political stunt to curry favor with his democratic constituency. I say this considering the facts and circumstances of the situation, which leave no other logical conclusion as to WHY he would even consider holding Mrs. Luther in contempt and throw her in jail for feeding her family with a perfectly legitimate and lawful occupation, especially when the Dallas area county jail has released numerous violent felons from that same jail due to the COVID-19 hoaxdemic. Thus, it should be irrefutable in the eyes of any grand jury and prosecuting attorney that Judge Moýe is equally guilty of each and every one of the same felony crimes that Judge Jenkins committed, if not an actual co-conspirator, which would then add yet MORE felony charges, organized criminal activity and conspiracy against rights.

So, what needs to happen now? Well, who would like to bet me a $1,000 that the Texas Supreme Court eventually rules as follows:

that the executive order was being unconstitutionally and illegally enforced against public and private business’ as if it was actual binding public law;
that the arrests, incarcerations, and criminal charges inflicted by law enforcement against the public and private business owners under color of that order were also unconstitutional and illegal;
the TRO issued by Judge Jenkins was unconstitutional and illegal;
the contempt charge and hearing held by Judge Moýe was equally unconstitutional and illegal; AND
they ALL violated the individual protected rights of not only Shelley Luther, but all the people of Texas; THUS
BOTH judges lack any and all forms of immunity for their acts and can be held 100% personally responsible and liable, as there was absolutely NO LAW and jurisdiction providing them with any such authority OR jurisdiction to do ANY of these acts whatsoever!!

In the off-chance that the Texas Supreme Court either can’t or won’t rule in this way, then the United States Supreme Court most certainly should. And if neither of them are willing and able to do so, well, that’s where the alternative subjects contained in the title of this article must begin to come into play and become actual actions.

Once that ruling has been handed down, the next step SHOULD BE that the Texas Supreme Court rule and order that BOTH of these judges be judicially disrobed, disbarred, and publicly castrated (no, I really didn’t mean to say castigated). Preferably just minutes before they are both publicly hung for sedition. Even if they are not hung (or castrated), they should NEVER be allowed to enter into any public office ever again.

Furthermore, the ONLY way that either of them should EVER be allowed to even set foot in a courtroom in the future is as defendants on trial for their crimes or in the multitude of sure-to-follow civil suits for actual and punitive damages caused by their actions. Neither of these men SHOULD be able to rely upon “judicial immunity” to shield and protect them from liability, because neither of them acted with ANY legal authority based upon ANY validly enacted legislation, thus, they acted ENTIRELY without ANY jurisdiction of any kind whatsoever. In fact, the court bailiffs present during these proceedings SHOULD have seen and known these facts and immediately intervened by charging and arresting these judges before their gavel could ever be raised, much less come down with an illegal edict attached to it.

It should also come as absolutely no surprise to anyone that BOTH of these scumbag judges are “progressive” liberal Democrats, and their actions over the last few days have placed observable proof of that fact on full display. Judge Moýe’s reprehensible demand that Mrs. Luther bow down and kiss his ass, or least his judicial “ring of power,” is one of the most despicable and obscene acts ever committed by a sitting justice outside of those presiding over the courts of the Spanish Inquisition, and his punishment should mirror the atrocity and audacity of his crimes.

Just so you are all aware of how this illegal arrest and incarceration of Mrs. Shelley Luther SHOULD play out, using Trezevant v City of Tampa as the standard of $1,087.00 PER MINUTE (awarded $25,000 for 23 minutes of illegal incarceration), the total amount she has established precedent to sue for is actually $10,956,960.00 if she stays in jail for the whole 24 hours of the full seven days.

Here’s the math on that:
Her incarceration is ordered for Seven (7) days.

#Days x #Hours per Day x #Minutes per Hour = #Total Minutes
D x H x MM = TMM
7 x 24 x 60 = 10,080

Trezevant was awarded judgment of $25k by a jury for being illegally held in jail for a total of 23 minutes:
$25,000 ÷ 23 = $1,086.96 ($1,087 rounded up)

Total Minutes x Restitution per Minute = Total Punitive Damages
TMM x RPM = TPD
10,080 x $1,087 = $10,956,960.00

This is the full amount that prior court precedent shows she could potentially sue EACH of these idiot judges for in their personal capacities, because there was absolutely no official capacity under which either of them could claim to be acting, as there IS NOT and never was ANY kind of binding public law investing them with legal protection OR authority to do anything that they did to this woman. Neither was any such power and authority ever invested in any of the other judges across the state that proceeded similarly against literally thousands of other Texans and out-of-state visitors. Each and every one of them is 100% responsible and liable for their unconstitutional and illegal individual acts.

At that rate I want one of these dumb-as-dirt assholes to send my ass to jail for a fucking MONTH just for breathing in public without a face mask and publicly shouting for all of these judges and other public servants to suck both my balls AND my dick at high noon while standing in the middle of the foyer under the Texas Capitol dome!

So, have you people finally had enough, or are you still ignorantly thinking and believing that ANY of these people are acting in our best interest or by any lawful authority that WE the People granted to them? It’s time to make the choice, live free, or die enslaved and humbled at the feet of far lesser liberty loving men and women than we. As for me, they had better kill me where I stand, because I won’t go quietly and I won’t go alone when they come. That is how committed I am to being free. The rest of you can be sheep and house pets if you want, but stay the fuck out of my way when the shooting starts, because I won’t bother with being selective of any targets coming at me from that side of the firing line.

https://www.trunews.com/stream/salon-owner-released-from-jail-by-texas-supreme-court

Texas Supreme Court Orders Release of Dallas Salon Owner Shelley Luther

https://texasscorecard.com/state/texas-supreme-court-orders-release-of-dallas-salon-owner-shelley-luther/embed/#?secret=GG1zLinHoW https://statutes.capitol.texas.gov/Docs/PE/htm/PE.32.htm#32.48

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.37.htm#37.11

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.39.htm#39.02

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.39.htm#39.03

https://openjurist.org/741/f2d/336/trezevant-v-city-of-tampa-c-trezevant

Challenge Texas Penal Code §38.04 as Being Unconstitutional!

October 26, 2019 Tao of Law2 Comments

TEXAS Penal Code §38.04 Evading Arrest or Detention, a Discussion on Challenging Constitutionality of a Statute.

I have a Motion here on my legal blog that was used in ANOTHER individual’s felony evasion charge case that I helped him get dismissed with prejudice. The Motion and signed order dismissing the case is posted right in the blog article (with the knowledge and consent of the individual who was being prosecuted).

There are several paragraphs in that motion that deal with the evasion allegation being made in that case, which you would need to tailor to fit the specific facts of YOUR specific “evading” case in order to apply them, if they DO apply.

That said, a specific issue that I didn’t think to argue in that case (because it only just dawned on me last week when I was re-reading the statute) is that the offense of “Evading Arrest or Detention” as codified in PENAL CODE, §38.04(b)(1)(B) (no previous conviction) or §§38.04(b)(2/3) (prior conviction/death of another) COULD and SHOULD be directly challenged as being unconstitutional, because, as a whole, it is overly vague, ambiguous and overbroad. How so? Well, the statute:

does NOT DEFINE or make reference to a specifically assigned meaning for “evading/evasion” in order to either prove or disprove the element with facts or evidence;
does NOT provide in any way whatsoever ANY specific statutory criteria for the element of evading regarding what facts, evidence, and/or actions, constitute the act of “evading/evasion,”;
does NOT, absent a specific definition, provide an individual with properly sufficient legal notice of what behavior or actions constitutes the criminal act of “evading/evasion,” and, therefore, it is an irreparable due process violation of the highest order; and;
it allows both the officer AND the prosecutor to determine, decide and rely entirely upon his/her own personal presumptions, conclusions, opinions and discretion about what legally constitutes “evading/evasion” in order to charge and prosecute the alleged offense against any individual merely on the entirely subjective basis that the individual didn’t immediately come to a complete stop and surrender within some subjectively arbitrary amount of time or distance, or a particular place, that the OFFICER AND PROSECUTOR ALONE gets to decide is appropriate.

Now try reading the online version of the statute and see if you can reasonably come to any other possible conclusion yourself based upon the facts and evidence of how the statute is ACTUALLY written:

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.38.htm#38.04

Also, you can easily verify that no such definition exists in Texas law if you go to the “Search” function at the top of this page;

https://statutes.capitol.texas.gov

You can type in (WITH the double quotes) either of these phrases, “evading means” or “evading includes”, and you will see that you get NOTHING in return for either search. That is demonstrable proof that the Texas Legislature does NOT define the term “evading” ANYWHERE in any code containing Texas law.

THAT is precisely what an absolutely unconstitutionally vague, ambiguous, and overbroad statute most obviously reads like. In this case, it leaves the entire primary element of the statutory offense completely and subjectively open to definitions and determinations created and maintained solely by the charging officer or the prosecutor as to what constitutes “evading” as an element of the offense, and THAT is a direct due process violation.

When it comes to the statute, if you find yourself being charged under §38.04 Penal Code, it is imperative that you LEARN IT, KNOW IT, and APPLY THIS ARGUMENT. If you do it correctly, you SHOULD get it thrown out. Most likely ON APPEAL because the lower level trial courts WILL NOT usually even attempt to rule in the favor of an accused individual that a penal statute is even remotely unconstitutional, no matter how blatantly obvious it might actually be so. THAT is why it will almost certainly have to be done on APPEAL, so make damn sure you make the argument correctly and thoroughly IN WRITING via MOTIONS and JUDICIAL NOTICES so that there is a proper record for appeal.

For that reason, you MUST also file a Motion DEMANDING that there be a court reporter present and recording at every single proceeding conducted in your case so you have a complete record for appeal.

I wish you the best in being successful, and PLEASE, if you ARE successful, provide me with some credit where credit is due by allowing me to get an email from you that says how I helped you and what the case was about, AND, a copy of the SIGNED court order showing how the case was settled in your favor, however that might be, so I can post it on my legal blog and share it for others to see and learn from so they are encouraged to stand up for themselves against such unconstitutional laws by learning how to fight back.

Also, PLEASE, state clearly in the email you provided the order in that you are giving me full consent to post the order AS IS (which I don’t really need since it IS a part of the 100% public court record, but I am polite enough to ask). Okay? Thanks in advance.

The True Meaning and Purpose of Individual Rights.

October 26, 2019July 7, 2020 Tao of LawLeave a comment

I have a little thought about something that I would like to express, and that something is the idiotic precept contrived by our American courts that “individual rights are not absolute” and that “government has the power and authority to either take away or diminish those rights” based upon whatever contrived ‘necessity’ it can dream up.

I would argue that, UNTIL someone exercises their rights in a manner that violates the rights of others, then their own individual rights ARE absolute. At the point of harming the rights, person, or property of another, or through such reckless or negligent acts that almost certainly could have resulted in such an injury, then, and ONLY THEN, can those rights be legitimately and temporarily taken away. Try pointing to ANY Bill of rights where it says that there is any other exception to absoluteness to be had in relation to an individual’s rights, because it just ain’t there!!

“Nothing is unchangeable but the inherent and unalienable rights of man.” –Thomas Jefferson to John Cartwright, 1824. ME 16:48

“A free people [claim] their rights as derived from the laws of nature, and not as the gift of their chief magistrate.” –Thomas Jefferson: Rights of British America, 1774. Papers, 1:134 ME 1:209.”

“The equal rights of man, and the happiness of every individual, are now acknowledged to be the only legitimate objects of government.” –Thomas Jefferson to A. Coray, 1823.

“Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law’ because law is often but the tyrant’s will, and always so when it violates the rights of the individual.” –Thomas Jefferson to Isaac H. Tiffany, 1819.

The courts are the ones who created the “rights are not absolute” doctrine with absolutely no legitimate constitutional authority upon which to base it, and then promptly began using it stealthily and continuously on an ever-increasing basis to permanently diminish ALL individual rights belonging to the American people for ANY reason the courts themselves have deemed to be a “government necessity,” i.e. their version of the “law of necessity.”

“Every man, and every body of men on earth, possesses the right of self-government… This, like all other natural rights, may be abridged or modified in its exercise by their own consent, or by the law of those who depute them, if they meet in the right of others.” –Thomas Jefferson: Opinion on Residence Bill, 1790. ME 3:60

Just like any other thing done wrong by our government, our simply accepting that the courts or other parts of government have created their own fraudulent authority to limit our rights as they see fit without any challenge from us will NEVER see it changed back to how it is SUPPOSED to be.

Thomas Jefferson and John Locke made it clear that the formation of societies and the governance of the constitution was never intended to, and never did, authorize any such supposition on the government’s part.

“What is true of every member of the society, individually, is true of them all collectively; since the rights of the whole can be no more than the sum of the rights of the individuals.” –Thomas Jefferson to James Madison, 1789. ME 7:455

“Natural rights [are] the objects for the protection of which society is formed and municipal laws established.” –Thomas Jefferson to James Monroe, 1797. ME 9:422

“The reason why men enter into society is the preservation of their property.” –John Locke: Second Treatise, sect. 222.

Therefore, the only LOGICAL and constitutional conclusion in relation to how individual rights are NOT absolute is when they are used to violate the rights of others. Outside of that caveat, there is ZERO legitimate authority for government to deprive or diminish ANYONE of ANY right for ANY OTHER REASON.

Without a doubt the courts have the subject of individual rights not being absolute absolutely WRONG, that their misinterpretation is INTENTIONAL, and that it is being done and used for nothing less than the unconstitutional purpose of increasing the personal and governmental power and authority of such elitist individual’s over areas and subjects where it should NOT even exist. That makes the actions our courts and our government are engaged in absolutely CRIMINAL, because those actions directly and unlawfully violate the rights belonging to ALL of the people for the benefit of only those few who think they should have more rights and power than everyone else, especially over the lives and property of others, and that is neither the American dream nor the original plan for its individual Republics.

When Ignorance is Your Bliss, Reality is Deemed a Lie.

September 10, 2019 Tao of Law3 Comments

Do you want to know what I find most telling, and disappointing, about the [mental] state of American’s these days? Just how hard they are willing to fight to remain ignorant, stupid, and oppressed simply because their personal beliefs and misconceptions have convinced them they are “free” and actually know what is going on around them, despite irrefutable facts and evidence to the contrary. More depressingly, they don’t and won’t believe or understand what is being done TO them, in their own name, by those to whom they entrusted the very power being used to oppress them.

It would seem that most of the American people would rather be right in their unfounded beliefs (on just about any subject you can imagine) than they would in learning why their beliefs on a given subject are incorrect. These people actually prefer the fallacies established in their own minds over the more than ample facts and evidence proving their beliefs to be based on either demonstrable misconceptions, various forms of dis/misinformation, outright lies, or some combination thereof. In my entire life, I have never seen this level of blatant and willful individual ignorance and stupidity defended with such venom, vehemence and vociferousness as is displayed by such people on social media. Probably because it is the only place they could do it in the manner they do and still manage to avoid getting punched in the mouth for what they say and claim they would do if they could “only get my hands on you.”

What further astounds me is how many of them there are, and how they are so willing to be led around by the nose when it comes to the [mis]information they receive and how they process it, no matter how painful and detrimental that information may eventually prove to be to them. For instance, at some point in life, whether you’re dead broke or fabulously wealthy, you may need the kind of services that the majority of attorneys are willing to steal good money to convince you they can provide. Even so, virtually anyone who has had the misfortune to need services from an attorney will usually wind up paying him/her far more than they are worth or actually earned, and, in many cases, some of those people will have forked over virtually every dime they have.

It is axiomatic that, as a general rule, most reasonable and intelligent people already believe that the vast majority of attorneys are scumbags, liars and thieves, and rightly so. And yet, there are still so many people who, almost without question, will place more faith and credit in the advice and information from such a knowingly biased and tainted source as that of an attorney, than there are those who would try to learn and understand a subject for themselves. And they do it despite knowing that most attorneys are, first and foremost, self-serving narcissists who will try to convince and advise their clients in a manner that servers to further those ends and line their own pockets.

To me, that way of thinking is metaphorically comparable to being stuck in the middle of a desert that you are somewhat familiar with, but not really an expert on. And you are stuck because the tour guide that brought you all the way out here has suddenly left you high and dry. But, s/he was kind enough to tell you about a watering hole located “somewhere over there” before they departed. So, by the time you actually manage to find the watering hole, you are thirsty enough that you are ready to jump in and start drinking.

Then, just before you jump in and start gargling your way back to the surface, you begin to suspect that your tour guide may have deceived you and that the watering hole s/he sent you to is foul and poisonous. Now, it really doesn’t matter one bit whether you decide to treat the water as poisonous because of experience or intuition, it only matters that all the dead animals, reptiles and insects you see lying around the pool are a pretty good indication that it’s true, and that your tour guide is either incompetent or a self-serving liar who doesn’t give a crap about your welfare at all either way.

Most people of reasonable intelligence who have any real-world experience with attorneys will understand that the disappearing tour guide in this scenario is representative of attorneys in general, especially criminal defense attorneys. They will always ask to be released from the case when you need them most, when it becomes too much work, or to continue as your counsel would demonstrate that they are actually incompetent and get them sued for malpractice. Experienced people will also tell you, unless you have very deep pockets, attorneys are far more interested in just taking your money and running than helping you fight back in a time of trouble. These kinds of people are representative of people who are like me. We are the ones who began to suspect that the tour guide was intentionally misleading us so as to ensure that we couldn’t, and wouldn’t, be able to survive in the desert without them.

Now assume that you are a different kind of person than people like me are. You are the kind of person who does not recognize the significance of all the dead things around the watering hole and are incapable of realizing that your tour guide was actually plotting against you the whole time. And now you are the one stuck in the desert under these same circumstances and conditions.

Meanwhile, across the sand and rocks about a quarter-mile away, you see someone waving to you, someone like me who has learned how to survive in the desert without the tour guide. You can barely see the other person. Fortunately, you can also barely hear them. They are screaming, “I’ve found good water! Don’t drink from that pool, it’s poisoned! Come over here and drink the good water!”

Now, being the kind of person you are, self-centered, self-absorbed, and thoroughly convinced of your own beliefs and understanding of things (mainly because of how they make you feel about yourself and your life circumstances rather than any factual basis ), you start to analyze the situation as follows; 1. you don’t know anything about this other person; 2. you’ve never met or seen this other person before; 3. you have no idea how this other person came to be here in the same place as you, but, here they are; 4. You have no idea where this other person came from or how long they’ve been out here; 5. you presume that if you can’t survive all alone out here, then neither could this other person, so they can’t really be of any help or use to you now; and 6. first you begin to presume, and then convince yourself, that, this other person is just someone else who is as stuck and alone in the middle of the desert as you are.

So, right away you have begun to judge the other person based solely upon all of your own unsubstantiated personal beliefs and presumptions so as to convince yourself that they cannot know or understand any more about this desert and the situation at hand than you do, probably even less you imagine. After all, they are out here in the desert too, so you must be the smarter and more knowledgeable of the two of you, right? Therefore, you just write them off as not knowing what they are talking about when it comes to knowing whether or not your water is poisonous or if the water they are telling you about is actually any better to drink.

Now, what I find the most strange about you people who think like this is, despite knowing that the other person is NOT a mirage, and that they obviously already know that the watering hole you are about to drink from is poisoned, you would rather simply presume the other person is crazy and doesn’t and couldn’t possibly know anything at all about whether or not the water source you chose is safe to drink from. Thus, people with your kind of mindset would rather think about fighting and arguing with the other person who is merely trying to help you just so you can continue believing you were smart enough to have chosen correctly despite the clear and convincing evidence to the contrary. At least, it would be clear and convincing evidence to any normal person with an open mind and the ability to question what they think they already know. You, however, are the kind of person who has such a diminished mental capacity for accepting and processing new and contradicting information that you would rather go ahead and drink the poisoned water that’s already right in front of you just because you are too lazy, dismissive and unwilling to do the work required to travel a little farther across the desert to a source of good water.

I can only surmise that people like you process things this way because your pride and cognitive dissonance simply won’t allow you to believe and accept, that, not only is it possible, there really are many different watering holes in this same desert IF you understand how to find them, some good, some bad, and that there is always going to be someone else who knows the one from the other even when you don’t or won’t admit that you can’t tell the difference. You are the kind of person who finds it even harder to believe that someone who is actually supposed to know the difference, and is supposed to tell and direct the rest of us who may not, really doesn’t know at all, or simply doesn’t care. Like your tour guide. In fact, you are so dead-set on reconsidering your erroneous presumptions and conclusions that you won’t even accept the self-evident truth that it was your original tour guide who pointed you to the poisoned water and made you presume it was safe to drink.

So, you insist on going forward in life hanging tightly onto those incorrect beliefs and presumptions despite one very clear and irrefutable fact that you refuse to admit, even to yourself; that you knew only enough about how to survive being stranded in a desert that you allowed yourself to be guided by someone else to a poisoned watering hole, while never once considering just how much better off you would have been if only you had bothered learning and knowing for yourself how to locate one and determine that it is good to drink from.

By the way, you must still be thirsty from being stranded in that desert, would you like to try a piece of this new chewing gum your attorney recommended as “mouthwatering?”

So I ask you, how do you help the kinds of people who share this mental state of idol worship for “authority” figures without a clue? Should we even try? What’s the point if they don’t want your help or to know the truth? What if they truly are happier drinking from a pool of poisonous lies and disinformation than they are a pool of verifiable truth, no matter what the end result will be? If any of you figure out these answers, please let me know.

4th Amendment Done RIGHT!

August 11, 2019 Tao of Law6 Comments

The TV show “Breaking Bad” does have some useful information in it, and not just for drug kingpins.

I made this video because it is an absolutely PERFECT example of how things should be handled in ANY traffic stop, as well as how to do things in accordance with my “Transportation Stop Practice Script.”

I didn’t have time for the fancy video editing required to implement freeze frames and such for long pieces of text, so pause the video manually if you need to in order to read the whole thing.

However, the IMPORTANT thing is, PAY ATTENTION to what is going on and what is being said and done, as well as HOW it is being said. This could save your life at some future point!!

https://taooflaw.wordpress.com/wp-admin/upload.php?item=6745

“I’ll make you famous….” ’cause “Homey don’t play ‘dat.”

August 3, 2019August 4, 2019 Tao of Law1 Comment

For some reason that is totally beyond my ability to understand about some kinds of people, there are those among us who would rather rely completely on their own opinions and beliefs rather than clearly visible evidence and verifiable facts.

I keep a folder on my computer titled “Facebook Idiots” where I store screenshots of every conversation like this one just so there is no question later about the truth of what was said and by whom. That way, you see, I don’t have to redact their names on these blog posts for fear of getting sued for slander or liable, because all the evidence of the veracity of an article’s content is right in front of everyone for all to see. What I find even more unbelievable is how willing they are to launch ad hominem personal attacks upon people like myself for the information we freely present to the public when it is accompanied by all the relevant and verifiable sources and evidence showing exactly what we’re are talking about being clearly provided within that same information.

Here, for instance, we have just such an example of yet another individual that wants everyone to accept his opinion about just how stupid and dangerous I am because of the fact-based information I try to provide to the public. The problem, however, is that his opinion has no factual evidence supporting it. And even if it did, it would still almost certainly be 100% irrelevant and incorrect as factually pertaining to the specific information I am providing. This would be the case precisely because the laws and court cases within his own state or federal court district are either very different, or, if he IS in Texas, then what he claims to be true does not directly address the specifics of my information as it exists in the statutory law and court opinions within Texas, which is where the information I provided is sourced from and is 100% applicable to.

Now, I didn’t ever ask what state he is located in, but, based upon how he is making claims about the court cases saying something contrary to the currently controlling case on the subject of Texas “traffic stops” being at least some form of custodial arrest, Azeez v. State, 248 S.W.3d 182 (2008), it would certainly appear that he isn’t in Texas. However, that too could be incorrect simply because it is also very very possible that he is just an argumentative asshole that likes to start shit with total strangers while trying to show how smart he thinks he is. If the latter be the case, then fair warning to all those like him… if your plan is to attack me because you think you know more about this subject and, therefore, are assuming that you are smarter than me because of it, then it would be in your best interest to ensure that you actually ARE, on both counts. Because if you aren’t, then I’m going to make you famous, just like this.

The following is a series of screenshots taken from the Facebook conversation this fellow initiated by making a direct and baseless ad hominem attack upon me personally for something I had posted. Keep in mind that EVERYTHING in the post is very easily verifiable as I made no secrets about where it came from or why it was the subject of the post.

That said, this guy made absolutely no effort to verify ANYTHING in the post and clearly knows absolutely NOTHING about Texas law, or about my knowledge and understanding of it from my literally DECADES of research and study of this particular subject. In that aspect he is not alone, as there are many who would challenge my information as being untrue, but their “proof” always leaves something to be desired on a myriad of alternative and more specifically related information fronts. The only thing he actually does manage to prove in very short order is that he is a bigger fool than he gives himself credit for by attacking me out of the blue with absolutely nothing to back up his opinions.

You will also notice just how quickly he abandons the thread and stops responding once he is confronted with actual facts, and links to those facts, that absolutely prove his personal opinion and perceptions isn’t worth a spec of gnat shit on the open prairie in the face of reality and the law.

Enjoy!

This is the original post text just as it appears on the Facebook post:

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

Tao Lauw Yesterday at 2:13 PM
Something that all of you Texas people should know about “traffic stops” as they pertain to the ACTUAL law itself:
The law itself DOES NOT AUTHORIZE a warrantless detention or arrest for failure to have, produce, or display a license, proof of insurance, or registration, and it NEVER HAS.
THIS is the authorizing statute, and it is the ONLY ONE of its kind in the entire Transportation Code:
======================
TRANSPORTATION CODE
TITLE 7. VEHICLES AND TRAFFIC
SUBTITLE C. RULES OF THE ROAD
CHAPTER 543. ARREST AND PROSECUTION OF VIOLATORS
SUBCHAPTER A. ARREST AND CHARGING PROCEDURES; NOTICES AND PROMISES TO APPEAR
Sec. 543.001. ARREST WITHOUT WARRANT AUTHORIZED. Any peace officer may arrest without warrant a person found committing a violation of THIS SUBTITLE.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
======================
The statute authorizes a warrantless arrest ONLY in relation to offenses defined within Subtitle C of the Texas Transportation Code, which encompasses ONLY Chapters 541-600.
Everything that relates to COMMERCIAL/ DRIVER’S LICENSE is codified entirely within Chapters 521 and 522 of the Code, while registration is confined to Chapter 502, and “PROOF OF FINANCIAL RESPONSIBILITY” is in Chapters 601. NONE of these chapters are in Subtitle C, at all, period.
In other words, the vast majority of “offenses” that they perform a warrantless traffic stop for are NOT authorized by law to be done in such fashion. The stop itself is wholly illegal under the letter of the law, because the code limits the authority to ONLY those offenses within “this subtitle,” which IS subtitle C and Subtitle C ONLY, as you can plainly see.
That said, however, it does NOT mean that they won’t do it ANYWAY. So, YOU are the only one that will ever raise this issue and challenge the validity of the warrantless detention/arrest and false imprisonment that was perpetrated by the officer without any lawful authority once the case goes to court, because THEY certainly aren’t going to do it, not EVER.
.
To those of you in other states where “traffic” cases are prosecuted as CRIMES rather than civil infractions, I would start looking for a similarly worded statute in YOUR own state and see what limits it placed on the warrantless arrest authority of the officers in relation to “traffic stops.”

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

These are the screenshots of the “discussion” that followed:

It should also be noted that, right after I wrote this article, I placed a link to it on the same thread where it took place and tagged the individual in the comment so he would be sure to see it. He has since gone back and deleted every single one of his comments from the thread. Thus proving that there is nothing quite like having so much faith in the correctness of your position and statements to such an extreme degree that you would be willing to personally attack someone with them in the first place, and then, in the second place, backtrack and delete them out of shame like a whiny little bitch who was made to eat their words after your statements are challenged by factual rebuttal and then ground to dust before your very eyes as the unsubstantiated idiotic personal opinions they truly are.

So, all that leaves for me to say to all the other folks that want to be made famous like Mike, is this:

Common Problems Encountered when Filing Legal Pleadings in the Lower Courts.

July 23, 2019February 24, 2020 Tao of LawLeave a comment

Court Clerks have no Judicial Authority.

The court clerks refuse to allow you to file your pleadings in the case, claiming that you either must enter a plea before you are allowed to do so, or, because of some other alleged legal or court policy requirement(s).
The court clerk(s) claim that the judge can’t or won’t read the pleadings unless you have already entered a plea to the charges in the case.

For #2, s/he (the court clerk), is 100% incorrect as to the judge’s ability/requirement in reading the pleadings, as that is their fucking job. What the judge actually cannot legally do is conduct an ex parte proceeding or personally meet or engage in direct communications about the facts and evidence of the case with one party in the absence of the other party.

For #1, pleadings filed in a case are not evidence of the facts of the case, but of the relevant law itself as it may apply to the facts of the case, and do not constitute “direct communications” with the judge for such purposes. Again, the court clerk is giving legal advice on this subject, which they simply cannot do!!

So, in relation to either or both of these actions by court personnel, you need to file a judicial conduct complaint against the presiding judge who runs the court with the judicial conduct commission for knowingly and willfully allowing his/her court clerks to give legal advice to defendants in violation of law, and for improperly delegating and authorizing the clerk’s to illegally exercise judicial powers that they do not and cannot have, as well as exercising those powers not only improperly, but also in direct violation of the code of criminal procedure and the fundamental due process rights of the Accused!! Conducting a judicial proceeding and the taking and entering of pleas into the record are judicial powers residing in one with actual judicial authority, therefore, only judges and magistrates have such authority delegated to them in order to exercise such powers, not mere court clerks or prosecutors.

Once this is done, then you can file complaints about the clerk(s) in question by name directly with that same judge. You may, at this point, inform the judge that you have supplemented these complaints against the clerks by also filing complaints with the judicial conduct commission regarding the judge’s unlawful acts and biases inherent in allowing this illegal behavior to go on within their office. Be careful that your statement cannot be viewed and misconstrued as an attempt to threaten or intimidate the judge into making some decision or taking some particular action in the case one way or another. You do this by making damned sure that you filed the judicial conduct complaints first, before you even make the judge aware of the fact when you are filing your complaints against the clerks.

Now you can file a motion to Recuse or Disqualify this judge from ever hearing your motions or your case because of his or her criminal conspiracy to perpetrate violations of state law directed toward causing harm and detriment to the public generally and those appearing before it specifically, countless violations of the rules of criminal and civil procedure as well as the codes of judicial ethics and professional conduct, because you now have a demonstrably substantiated belief that no one, including you, can get a fair and impartial trial from such a biased and incompetent judge.

Simple as pie… unless it’s a shit pie, and you made that pie yourself, so don’t! If you do these things correctly and timely, you can make them regret ever coming near you, much less trying to prosecute you for their bullshit.

As for showing a court clerk the actual law on what is required prior to the taking and entering of a plea in Class C fine only cases, you must be sure to use the law that actually applies, which is found in Code of Criminal Procedure Chapter 45, rather than using the general statute found elsewhere in the Code of Criminal Procedure.

Let’s look at what Chapter 45 says about the entering of a plea by a defendant in a Class C fine only misdemeanor case:

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Art. 45.023. DEFENDANT’S PLEA.

(a) After the jury is impaneled, or after the defendant has waived trial by jury, the defendant may:

(1) plead guilty or not guilty;

(2) enter a plea of nolo contendere; or

(3) enter the special plea of double jeopardy as described by Article 27.05.

(b) If a defendant is detained in jail before trial, the justice or judge may permit the defendant to enter any of the pleas described by Subsection (a).

(c) If a defendant who is detained in jail enters a plea of guilty or nolo contendere, the justice or judge may, after complying with Article 15.17 and advising the defendant of the defendant’s right to trial by jury, as appropriate:

(1) accept the defendant’s plea;

(2) assess a fine, determine costs, and accept payment of the fine and costs;

(3) give the defendant credit for time served;

(4) determine whether the defendant is indigent; or

(5) discharge the defendant.

(d) Notwithstanding Article 45.037, following a plea of guilty or nolo contendere entered under Subsection (b), a motion for new trial must be made not later than 10 days after the rendition of judgment and sentence, and not afterward. The justice or judge shall grant a motion for new trial made under this subsection.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from Vernon’s Ann.C.C.P. art. 45.31 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 21, eff. Sept. 1, 1999.

Amended by:

Acts 2013, 83rd Leg., R.S., Ch. 691 (H.B. 2679), Sec. 1, eff. September 1, 2013.

Art. 45.024. DEFENDANT’S REFUSAL TO PLEAD. The justice or judge shall enter a plea of not guilty if the defendant refuses to plead.

Acts 1965, 59th Leg., vol. 2, p. 317, ch. 722. Renumbered from Vernon’s Ann.C.C.P. art. 45.35 and amended by Acts 1999, 76th Leg., ch. 1545, Sec. 22, eff. Sept. 1, 1999.

===================================.

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Okay, the first thing to understand is, when does the statute declare the defendant’s plea may be taken in relation to a Class C misdemeanor?

Art. 45.023(a) DEFENDANT’S PLEA.

1. after the jury is impaneled!; or

2 after the defendant has waived trial by jury!

The only exceptions to this are in subsection (c), which are inapplicable in this particular instance if you are not currently in jail, and those found in another part of the Code of Criminal Procedure relating to the usage of a citation as a complaint if the defendant decides to plead guilty and pay by mail or knowingly signs a waiver allowing the usage of the citation as a valid complaint at trial. These conditions are also not usually applicable in the instant matter if you are trying to file pleadings in a case, because that indicates that you are fighting and going to trial in an actual court.

How about the procedure that is required if a defendant refuses to enter a plea before a proper magistrate in a proper judicial proceeding rather than before a mere fucking peon of a court clerk or power-drunk prosecutor who thinks they are somehow authorized to impersonate a judge?

Well, can we not all see that Code of Criminal procedure Art. 45.024 plainly states that the “justice or judge shall enter a plea of not guilty?” Can we all not see that the rules of criminal procedure says absolutely nothing about court clerk’s or prosecutor’s being even remotely authorized to take or enter the Defendant’s plea themselves.

The “CYAC” Maneuver.

One last thing, when this kind of behavior by the clerk(s) and the court has been the norm, then, before you leave, you should directly ask the clerk this specifically worded question:

“Based upon your actions and comments when I’ve previously tried to file these pleadings, and despite the fact that no verified complaint appears to be filed in the court record, is this court going to issue a warrant for my arrest on the charge of “Failure to Appear” after I leave simply because I would not submit to entering a plea just so I could file legal pleadings for my own defense in this case??“

This is what I like to call just one of many types of “CYAC” maneuvers that one must be prepared to make when engaged in fighting a case on their own, and it stands for “cover your ass carefully.” If you have ever served in the military, especially in an area where everything is done according to internal politics instead of rules and regulations, then you really understand why such acts are necessary for self-preservation.

That said, you really want an answer to this question on video, and for several very good reasons:

it serves as proof that:
1. a valid verified criminal complaint does not exist in the record at the time the plea was demanded by the clerk or the court;
1. there is a complete lack of subject matter and in personam jurisdiction without such a verified complaint, as, technically, a case cannot even legally exist absent a valid complaint, which means NO COURT’S JUDICIAL AUTHORITY AND JURISDICTION HAS BEEN INVOKED as a matter of law;
1. there are intentional and numerous illegal acts being perpetrated by the court clerks AND the judge(s) that violate state and federally protected due process rights by preventing you from filing pleadings and making a proper defense in the case in violation of those same due process rights;
1. judges, their court personnel, and prosecutors, are all engaged in conspiratorial criminal conduct by doing all of these things in violation of the law and your due process rights; and
if they do issue a warrant after the fact, you have set the stage for proving that the charge itself and the issuance of the warrant is based upon the knowing and willful falsification and tampering of a government record, aggravated perjury, is 100% malicious and retaliatory, and was done absent all forms of lawful jurisdiction and legal authority; finally
If they answer “no” to this question, then you have that on record as well, and can use it against them later if they go ahead and issue a knowingly fraudulent warrant anyway.

Always be thinking ten moves ahead of them at all times, not just when you think about it. Plan your course of action by being proactive rather than reactive! It works much better for you in the long run. And most of all, DO NOT PROCRASTINATE!! If something has to be done by a specific date or within a certain time frame, JUST DO IT RIGHT NOW and get it out of the way!!

This is why we read and study, so we know, so we can use, so we can fight, so we can WIN OUR FUCKING CASE!!

https://statutes.capitol.texas.gov/Docs/CR/htm/CR.45.htm#45.023

The Real-Life Ignorance and Dangers Associated with Stockholm Syndrome.

June 17, 2019June 18, 2019 Tao of Law4 Comments

I’ve expressed my thoughts on this video before, as it keeps being passed around and commented on by literally thousands of people who almost always side with the cop and actually cheer about law enforcement’s constant abuses of every man’s rights and liberty, all while completely ignoring the actual felony and misdemeanor crimes that the COP is actually guilty of committing in this video. It would seem that America is now the largest known population currently suffering from mass “Stockholm Syndrome.”

If you haven’t seen it, then please watch the video and then continue reading this article, as the video contains the necessary context to understand what I am about to say.

The man in the car, Scott Richardson, is NOT asking the correct questions or following the correct process. The cops, as a whole, including this one, are totally ignorant of the Texas Transportation Code laws, absolutely unequivocally, 100%. This is why I try to teach people that the side of the road is NOT the place to argue and hold court. It is the time and place to reserve YOUR fundamentally protected rights without waiving any and to make sure the record shows that is ALL that you did via the officers own cameras and audio as well as your own. So, AGAIN, this is NOT the proper way to do ANY of that.

As an ex-deputy sheriff I can say with absolute certainty that this officer is totally clueless about the limits of his enforcement authority under the Texas Transportation Code, which is NONE, because I know the officers are NOT trained on those actual laws EVER and are simply told by word of mouth from their superiors and their own personal beliefs/ opinions/ conclusions as to what they can and cannot do under the law. Meanwhile, those ‘superiors’ are equally ignorant and clueless about what the law ACTUALLY says and to whom it ACTUALLY applies, much less who is ACTUALLY authorized to enforce it and HOW they are required by law to even get authorized IF they and their city actually qualify according to law.

Addison, Texas does NOT meet any of the requirements, designated by Texas law as a city that is authorized to maintain local “traffic” enforcement officers. Requirements such as being located in a specific geographical location within Texas or having a specific minimal population limit/range, among several other requirements, as set forth in Title 37 of the Texas Administrative Code, which governs the Texas Department of Public Safety (DPS).

For the general edification of the public who like to think that ALL law enforcement officers can enforce EVERY law in EVERY code, it should interest you to know that the Texas DPS is the ONLY agency given direct enforcement authority over the laws being used by the MUNICIPAL officer in this video. Nor does the city of Addison have the mandatory reciprocity agreement with the Texas Department of Public Safety in the form of a “Memorandum of Understanding” that is actually required by the Texas Administrative Code in order to authorize local municipalities to certify and maintain such enforcement officers in compliance with law.

Hence, the officer in the video is NOT legally authorized to enforce the Texas Transportation Code AT ALL, and is actually committing SEVERAL crimes by doing so, not the least of which is IMPERSONATING an officer. You see, when ANY person, even a police officer or sheriff’s deputy, who is NOT legally authorized to enforce a specific regulatory law, uses the mere appearance of authority by means of a uniform or some articulated authority under the police powers, then they ARE impersonating an officer of the agency that actually IS legally authorized, and THAT my friends is a CRIME!

Think about it; as a civilian, you can’t yell at someone to stop and obey you because you claim to be a duly authorized police officer having that authority when you actually are not and don’t. Nor can you actively enforce via citizen’s detainment/seizure or arrest for certain kinds of REGULATORY laws BECAUSE a valid citizen’s detention/arrest can occur ONLY when the arrest is for the commission of a felony or a breach of the peace that threatens physical harm to another or property that is BEING committed in the arresting person’s presence or view. A set of facts that ALSO happens to apply to the arrest powers of public law enforcement OFFICERS as well UNLESS there is a specific authorization in the actual law providing otherwise (this has very specific limits too, but they are irrelevant for our purposes here). Unless specifically authorized, certain categories of laws are as equally beyond the power and authority of law enforcement (“peace”) officers to enforce as they are for members of the general public without specific authorization in the law itself.

Check out EVERY enforcement chapter in the Texas Transportation Code that deals with licenses, insurance, and movement of “vehicles” (Chapters 521-600, 601, and 701-720), and you will see that the ONLY governmental entity that is given DIRECT enforcement authority over those chapters and the statutes therein is designated as “the department” and “officers of the department,” with “department” being specifically defined in each of those chapters as “The Department of Public Safety of the State of Texas.” It is NOT simply ANY cop or deputy in ANY city or county located in Texas, and it NEVER has been.

So, despite Scott’s ineptitude at handling the situation at hand with the cop, he actually DOES know all of this, because I taught it to him in my classes here in Austin, or, at least, I tried to. He just isn’t doing what he should be doing with the opportunity to preserve his rights in the record being made of the illegal stop.

As you can tell by all the comments on Facebook posts of this video that are almost universally being made IN FAVOR of the cop and citing his ‘patience’ and ‘professionalism,’ none of those people know or understand anything at all about the actual law any better than the cop does. They are only speaking of what they have been [mis]led into believing and feeling from being [mis]guided around by the nose and spoon fed lies and disinformation their entire lives. Thus, proving undoubtedly that ignorance truly is bliss, and is precisely what the system counts on from the people to get away with its crimes against the general public, not the least of which is this form of extortion and fraud laughably disguised as furthering “public safety,” all while potentially being murdered for standing up for yourself and your rights by an illegal standing army comprised of armed corporate mercenary goons with no brain and mind of their own.

I’ve yet to see anyone commenting on this video in favor of the cop who is truly INFORMED and knowledgeable of the actual law itself. They all seem to only think and want to believe they are supporting the correct side because of what they’ve been indoctrinated and taught to think and believe, which, for the most part, is summed up with “it’s always been that way, like, forever!” They are simply speaking from their emotions and indoctrination, not from actual knowledge and intelligent consideration of the actual relevant facts and law.

That said, I am sure I will be “attacked” by the rabid supporters of the state as not knowing what the hell I’m talking about, but, not one of my detractors will be able to point to any specific law that actually shows I’m wrong or that proves them right. They might try, but their efforts, unlike mine, will be superficial at best, and based upon something they THINK they found in only fifteen minutes of research, if that. But, they will be wrong, because being superficial with these laws simply won’t get the job done. I have spent literally a couple of decades+ tearing apart and cross-linking and referencing these statutes and codes to see how they truly fit together so as to form the overall “bigger picture” I have and use with regularity to help people fight back against these fraudulent traffic tickets and the cities and agencies who use them to extort and defraud the public.

However, should any of my detractors actually care to realize and learn that to be the actual case, they can come here to my legal blog and start reading more, as the information contained here is all based upon the ACTUAL or preexisting law and not just a bunch of hair-brained unverifiable conspiracy theories and arguments backed by nothing more than a personal wish-list built up in their own minds.

The Problems with Being ‘Almost’ Right About the Law.

June 13, 2019February 24, 2020 Tao of LawLeave a comment

The information in the following picture, while mostly accurate only in relation to the prior case law being on-point with the argument of “nothing such as a ‘driver’s license’ exists or is recognized by Texas law,” is also incorrect in its majority of the remaining information being put forth as statements of actual legal fact. Primarily because those facts are incomplete and assert claims that are facially invalid as far as the actual law and facts on the subject are concerned.

This is the contents of the post as it appeared in one of the legal discussion groups I participate in on Facebook.

After reading this you might be thinking “Wow! This is great! I can use this to fight my traffic citations in Texas!! With this information I can WIN!!” Well, that thought process is more than just a little bit premature, and here are the facts I replied to this post with as to why:

“I hate to have to be the one to point it out to you, but you are simultaneously minimally correct and massively incorrect in your asserted facts here.
Yes, you are correct that PRIOR to 1983 there was no such term/phrase in the statutes of the Texas Transportation Code (“TTC”) defined as that of “driver’s license,” therefore, no one could be rightfully convicted of an offense that claimed an individual didn’t have a form of license that the law itself made no mention of as even being required.
However, even the definition of “driver’s license” that existed from 1983 forward was changed and rendered legally useless with the alleged enactment of SB 971 by the 78th Texas Legislature in 1995 (unlawfully so, but presumptively changed nonetheless).
SB 971 created an entirely new form of license TERMINOLOGY (driver’s license), BUT, it DID NOT actually create ANY new form of license, it was only made to APPEAR that it had done so. If fact, it actually REMOVED all valid forms of existing ‘permanent’ licenses, which previously existed in ONLY three specific forms, that of “chauffeurs,” “operator’s,” and “commercial operator’s” licenses. However, you will NOT find a single reference to ANY of these previous forms of permanent license ANYWHERE in the entirety of the TTC as it currently exists.
When actually reading the definitions of “driver’s license,” “license,” and “commercial driver’s license” provided within Chapters 521 and 522 of the TTC, you will find it includes only three specific forms of “license,” a “temporary license,” “learner license,” and “occupational license.” And before you go jumping the gun by thinking you know what these terms mean in relation to either the law or a license, let me say, no you don’t.
Each of these “licenses” actually have three very specific things in common; 1) each license is only a very short-term temporary form of license in and of itself; 2) each license is dependent upon either the requirement that the holder obtain some other more permanent form of license to replace it within a certain number of days in the near future (temporary and learners licenses), or it requires the holder to have surrendered some other form of permanent license in order to obtain it after a conviction for an offense that results in the revocation of that previous form of permanent license (occupational license); and 3) each of these forms of license are specifically and individually defined in the TTC as having specific prerequisites and existing conditions for obtaining them.

The term “license” itself is defined separately from, and in a totally circular reference to, the term/phrase “driver’s license, making the two inextricably conjoined as a matter of law.

The interesting thing about these three apparently ‘new’ forms of a license is, they AREN’T new. They are EACH actually the original TEMPORARY forms of the original types of ‘permanent’ license, i.e. the “chauffeurs,” “operator’s,” and “commercial operator’s” licenses. Each of these new forms of license were actually referenced in the statutes as they existed prior to 1995, but, that reference referred to them as requisite predecessors or punitive successors to applying for and obtaining one of these specific three forms of existing permanent license.

Once you actually study the definitions of these three ‘new’ forms of license, you will plainly see these facts to be absolutely true. Which then leads us to several constitutional problems with not only the statutes themselves being vague, ambiguous and overbroad, but also that the entire enactment of SB 971 is a total fraud and 100% violative of specific requirements and prohibitions within the Texas Constitution that make the entire code absolutely unconstitutional and unenforceable. Understanding the specific details and their significance takes considerable time and effort however, and there are very few who actually have invested the time and effort required to come to that understanding to its last and finest level of detail, and I am one of them, if not the only one in the entire state of Texas.
Also, you are incorrect in assuming that your list contains ALL instances of what can and does invalidate previously existing ‘case law.’ The changing of the underlying law itself CAN and DOES invalidate prior court rulings on that specific law that are in existence prior to those changes. Hence, these legislative changes statutorily invalidate your cited case law precisely because the existing case law is now in direct conflict with the new statutory changes, albeit, this holds true only if the new statutes themselves are actually valid, which they aren’t. But, that is something you would have to prove on the record in a court of law having the power to set precedent by declaring the statutes unconstitutional. This is something that I can absolutely prove using nothing more than the actual legislative bill that comprises SB 971, certified public records, and the Texas Constitution itself. These records alone provide ample evidence that the new version of the TTC and its underlying statutes ARE 100% invalid and unenforceable in their entirety, but that is a separate issue from your statements here.

Lastly, in relation to another comment you made later on this same post, no, a “driver’s license” is NOT a commercial contract. Never has been and never will be. Mainly because the actual license itself is a CONTRIVED document that is cumulatively pieced together piece by piece from multiple OTHER documents and external information before it is assembled into the little plastic card you carry around with you, meaning that you NEVER actually signed the driver’s license directly, only a signature card from which your signature was later taken and transferred onto the front of the license itself. This is but two of many specific reasons that prove the license is NOT in any way a valid contract, commercial or otherwise.”

So, as you can see, while the poster of the original information was somewhat ‘almost’ correct about the law, it would not be enough to actually win your case or even make an argument that would survive scrutiny and challenge because it contains too many false premises and misstatements of fact and law in what it claims to be true. That’s a serious problem.

If you want to know and understand the actual law on a given subject, it takes real time and effort to learn it effectively and to consider all of the nuances and implications that may exist within its language, especially when it makes reference to multiple outside statutes in relation to what this specific statute is considered as doing or already having done. You aren’t usually going to learn this in an hour of superficially skimming over the text. You most likely aren’t even going to accomplish this with really hard study and analysis over several days, for which you could most certainly make the argument is an intentional means of layering the actual implications of the law to provide job security for attorneys and judges who love to make you feel like they are smarter and know more than you, which is only about a quarter correct. They DO know more than you about how to read and understand the law, because they have had overly expensive and specialized training in doing so. However, that is still not proof in and of itself that they are really any good and competent at it, because have proven to be substandard in virtually every way imaginable when it comes to subjects such as this.

Learning law is not easy, nor really even all that rewarding by itself. But, when you need the law, and you need to use it to protect and defend yourself from those who would use and abuse it to give them the appearance of power and control over you, you will be glad that you took the time and learned how to understand and do it all properly.

Below is an external link to a news article about someone who understood this necessity well enough to make the choice and pursue the fight sans an attorney. By refusing to use an attorney, and learning how to use the law correctly and properly, this man probably saved his own life, if not merely many decades in prison, for a crime that he didn’t commit. Shouldn’t we all care enough about ourselves and or loved ones to make the same preparations by learning and training to fight back when needed?

Black man who acted as his own attorney acquitted of murder

UNDERSTANDING THE LOGICAL, MORAL, AND ETHICAL LIMITATIONS OF DELEGATED POWERS.

December 24, 2018December 24, 2018 Tao of LawLeave a comment

The REAL question, in MY personal opinion, is not IF a government of the People can write laws, but rather, what authority can we delegate to them, which then determines what our public servants in government can write those laws to actually DO, i.e. their constitutionally proper application and impact.

I don’t see ANY authority that was delegated by either the federal OR state constitutions that allows our public servants to create laws REGULATING the behaviors or morals of men who are acting only in their private and personal capacities when those acts result in no identifiable tangible harm to another. In other words, if I have no personal authority to regulate my neighbor’s behavior or morals, then that is a power I cannot lawfully and rightfully delegate to anyone else as my agent so they may do in my stead that which I cannot lawfully or rightly do personally, ever.

Again, in MY personal opinion, when it comes to the PEOPLE, the ONLY valid laws our public servants can write are those stating a particular standard of punishment and process for the apprehension, prosecution, conviction, appeal, and the carrying out of the sentence (incarceration, death, etc.), for an unlawful or unjustifiable harm to the rights and property of any of the People.

Under the guise of the public welfare clause, therefore, the only preventative (malum prohibitum) laws that our public servants would have any valid lawful authority to write are those that are already proven by documented and historical fact to prevent harm to the public generally. Malum prohibitum laws such as “Don’t shit or dump your sewage in the public water supply” or “Don’t destroy public property as it is considered an unlawful taking of the property that deprives members of the Public in general of the benefit and enjoyment of the public property in question.” THOSE kinds of malum prohibitum laws are reasonable and just, but, most of the ones in existence today, whether regulatory or malum prohibitum, are not at all reasonable nor lawfully and rightfully applicable to the Peoples of a constitutional republic.

Furthermore, if I cannot lawfully and rightfully proffer immunity upon myself or my neighbor for the commission of crimes against the rights and property of another, then I simply cannot confer such immunity to my public servants. In the finite universe of such delegated powers and authority, it can be reasonably asserted that immunity in any form would attach to a public servant only if that public servants actions were not violative of other constitutional provisions and prohibitions as found within the Bill of Rights as well as being morally and ethically free from reasonable doubt in relation to even our unenumerated rights. Even then, such actions must be at least minimally consistent with all of those rights, even after guilt is established and punishment rendered, i.e. reasonable and humane treatment while incarcerated for the crime.

The majority of laws our public servants have enacted in the present day are goal oriented, not justice or individual rights oriented. The goals being the control of the general population in a manner suiting the desires of governmental actors, for whatever reason, and for the generation of revenue that flows into that particular government’s coffers, to its actors, and to those that are really pulling the political and “public policy” strings from the shadows. Which they do via any subversive or corporate means they can even tenuously declare as valid and lawful under the constitutions. THAT is the problem as I see it.

The very concept of “public policy” being controlling over our individual rights and privileges is, in and of itself, wholly unconstitutional, as it removes all of our individual rights and privileges and subjects them to the wayward approval or disapproval of whatever constitutes the “public policy” of the moment. The phrase “public policy” is nothing more than a pathetically cloaked euphemism for “the will of tyrants disguised as the will and consent of the governed,” and it is nothing less than the same kind of rule by majority found in a democracy and instituted via the proclamation that “the majority of the people have spoken and agreed.” In point of fact, a form of government based upon public policy is synonymous with the very same form of democratic government that our founding fathers firmly and vehemently rejected as being an acceptable form of government for the American people.

The principles underpinning the Ponzi scheme of public policy is best summarized with a line given by Mel Gibson’s character, Benjamin Martin, in the movie “The Patriot,” wherein Martin says, “Tell me, why should I trade one tyrant three thousand miles away for three thousand tyrants one mile away?” The epiphany of that realization being that all individual rights, privileges and immunities are now subject to the majority vote of a democracy rather than being fully protected against such actions by the stringent limitations of an actual Republican form of government, which is not only our individually guaranteed right, it is the only form of authorized government to be had in any of the several states of the union, and it is in dire jeopardy of being unlawfully undermined, subverted, and dismantled by the courts and legal profession in general.

Our fundamental individual rights were never meant to be subjected to the whims of public policy or democratic vote any more than they were intended to be subjected to government licensing and regulation, as both of those political schemes serve to do nothing less than to convert individual rights into privileges granted or taken away by the ever changing winds of either governmental or public approval. Therefore, both measures are wholly violative of the very foundational concept of individual rights and immunities from governmental and public derogation and abrogation.

Of course, there are and always will be those people that will have their issues with this way of thinking. Case in point:

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“Serious question though

You know I despise encroahment on past liberty rights as much as anyone.

However, I must admit that circumstances change as populations swell or change.

If the people lean on legislators to reduce drunk drivers and keep idiots off the road inclined to cause stupid wrecks and kill, do they have a duty and obligation to the people to enact something, like registration, insurance and a license?

I have to go there.”
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My response to this inquiry is as follows:

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“Not to my way of thinking.

HOW do ANY of those regulatory schemes change the behavior, morality, or ethics of the person who committed the act in the first place? After all, they usually already HAVE those regulatory trappings and STILL decided to endanger others by their actions, correct? So, no, I don’t see regulation or licensing as a constitutionally proper use of the delegated powers to govern.

The government CAN write laws that provides appropriate PUNISHMENT for an act that presents or results in the reckless endangerment or actual harm to the public or to specific individuals. That actually falls within the “public health and welfare” clause quite nicely and appropriately. Unlike the regulatory schemes you mentioned, that punishment WOULD have a direct impact upon the actor that might prevent future occurrences.

In essence, it once again comes down to the legislation of behavior, morality, and ethics rather than simply legislating a punishment for failing to take seriously one’s public duty to exercise due diligence to NOT violate the rights and property of others, whether that failure was knowing and willful or simply negligent to the point of criminality.
See, no registration or license required.”
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John Locke’s concepts on government are all about the strictly limited nature of delegated powers and authority. You can read about the intricacies of his thought on this issue in his writings titled “Two Treatises on Government.” Locke’s philosophy and perspective regarding the finitely limited form of governmental power and authority was so strict that the premise of his thoughts on the subject could be boiled down to virtually a single phrase, “the only legitimate power of government is to articulate the laws of nature.”

I agree with Locke’s premise on limited powers and authority of our government, but only up to a certain point. Our form of government, by logical and constitutional necessity, already prescribes a very strict set of boundaries within which the powers of government are allowed and are actually required to operate in order to be constitutionally lawful, especially when those laws are being directly applied to we the People or our property. The laws of nature simply can’t and don’t account for everything that is involved and evolves when men form societies and associations for their mutual protection and interaction.

For example, Nature does not provide for the willful and wrongful acts of men against other men. The law of “survival of the fittest” is not the law of men, it is the law of the jungle. Under this form of law crimes such as murder, manslaughter, kidnapping, extortion, fraud, or anything else, simply do not and cannot exist. Human societies are not supposed to be jungles, and the premise of “survival of the fittest” and “might makes right” is not the foundations upon which they are conceived and built.

Furthermore, the laws of Nature are neither cognizant of nor recognize any kind of individual rights or private property interests, nor do they provide for any form of remedy for those creatures whose ‘rights’ were harmed by another. The mother antelope has no court where she may file criminal charges against nor sue the lion or cheetah for killing and eating her young, right?

Therefore, my opinion is that the only legitimate power and authority of government is to first protect my individual rights and private property from harm or destruction, and second, to provide me a way to obtain enforceable remedy from the wrongdoer if such a harm were ever perpetrated, and third, to provide for the necessary punishment of those who would commit crimes against the rights and property of others in whatever form such harm may be perpetrated. Beyond that, government and the people should have no intercourse or relationship on a day-to-day basis.

So, while some of the laws of Nature have a limited place in human society, defense of self or of others for example, I stand by my assertions as to what I believe comprises the only constitutionally lawful form of law making authority and enforcement of laws that we can rightfully empower our government to write in relation to we the People within our collection of individual sovereign Republics.