60+ ways to shut down a court case.2

23
NOTE: ONLY ASK QUESTIONS (Request Permission) back to the Judge. Say “For the Record, may I ask IF Judge SUSTAINS any Objection, OBJECT ! - and ASK: Is your Honor trying to limit my defense? -- ASK: Based on what Fact or Law ? If Judge says ~‘It’s beyond the Scope’, ASK: What is this all about? 60+ WAYS to SHUT DOWN a COURT CASE: Clarify “ Points of Points of Order Order :” (Select & Use any of these Points at your own risk upon your own case & research) Revised: 03.17.09 Where is the Ratification of Commencement for proof of claim in this Case? 1. Is this a Court --of Record? --of Competent Jurisdiction?” If ‘NO’*, What are you convening? 2. What is your jurisdiction? Duh!” Aren’t there 2 types – Personam and subject matter? Which? 3. “Judge, is your Oath of Office Contract correct? I don’t see where the person administering your oath had an oath on file AND/OR recorded and filed his copy of your Oath.” 4. “Judge, why don’t I find a Bond?” Who is your insurer? 5. Did the judge sign the correct oath?” (not ‘impartial’?). (***File his Oath into the case:) 6. “Judge, In your oath I have here, Did you swear an oath to uphold the Constitution? Which ones? 7. “Will You, Judge, Sign any contract that guarantees that you will protect ALL my unalienable rights that are protected by this country’s and Washington State’s 2 Constitutions?” (1878 & 1889 ) 8. ‘Do you intend to process this case according to ...the Constitution?”… the laws of this State? …the UCC?’ 9. “Judge, how can I know: --that you are being honest and adhering to the law? -–if you are being deceitful ?” 10. "Judge, do you hold the full judicial power of the state? Or is it the military power?" 11. “May I Request (Command) an Affidavit that the judge has no --bias, no conflict of interest and no interest in the outcome of this case?” if NO, May the record reflect that judge HAS -- 12. “Judge, may I hold You as --Surety so that I will not be damaged by any of your undisclosed presumptions, nor by my ignorance of any written and unwritten law, facts or presumptions in this case? (IF “NO”, Ask: ‘May I let the Record show that the judge will not be held as--?’) 1 of 23 For learning purposes only – not legal advice ©2002 J&D Consultants Ministries [email protected] 1 2 3 4 5 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 7 8

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Look this over to see which of these 1 liners is appropriate for your situation. Check them familiarize yourself to be ready to utilize them.Some of these can tie up the court.If anything negative hits your ears, OBJECT and read off your statement.

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26 WAYS TO SHUT DOWN A COURT CASE

NOTE: ONLY ASK QUESTIONS (Request Permission) back to the Judge. Say For the Record, may I ask

IF Judge SUSTAINS any Objection, OBJECT! - and ASK: Is your Honor trying to limit my defense? --

ASK: Based on what Fact or Law? If Judge says ~Its beyond the Scope, ASK: What is this all about?

60+ WAYS to SHUT DOWN a COURT CASE: Clarify Points of Order:

(Select & Use any of these Points at your own risk upon your own case & research) Revised: 03.17.09Where is the Ratification of Commencement for proof of claim in this Case?

1. Is this a Court --of Record? --of Competent Jurisdiction? If NO*, What are you convening?

2. What is your jurisdiction? Duh! Arent there 2 types Personam and subject matter? Which?

3. Judge, is your Oath of Office Contract correct? I dont see where the person administering your oath had an oath on file AND/OR recorded and filed his copy of your Oath.

4. Judge, why dont I find a Bond? Who is your insurer?

5. Did the judge sign the correct oath? (not impartial?). (***File his Oath into the case:)6. Judge, In your oath I have here, Did you swear an oath to uphold the Constitution? Which ones?

7. Will You, Judge, Sign any contract that guarantees that you will protect ALL my unalienable rights that are protected by this countrys and Washington States 2 Constitutions? (1878 & 1889 )8. Do you intend to process this case according to ...the Constitution?the laws of this State? the UCC?

9. Judge, how can I know: --that you are being honest and adhering to the law? -if you are being deceitful?

10. "Judge, do you hold the full judicial power of the state? Or is it the military power?"

11. May I Request (Command) an Affidavit that the judge has no --bias, no conflict of interest and no interest in the outcome of this case? if NO, May the record reflect that judge HAS -- 12. Judge, may I hold You as --Surety so that I will not be damaged by any of your undisclosed presumptions, nor by my ignorance of any written and unwritten law, facts or presumptions in this case? (IF NO, Ask: May I let the Record show that the judge will not be held as--?) 13. May I see an Affidavit from this Judge describing the Nature & Authority of this court?

14. Does any part of the fine I might pay go into the judges pension fund? Is Judge___ a party?

15. Are you, Judge, under IRS criminal investigation? Do you have a D.L.? a SS#? Recuse!16. Does it not appear that Plaintiff (State) hasnt yet exhausted all of its remedies in commerce?

17. How can I understand? How can I recall?-- as I dont remember a casual occurrence.

18. Could you--repeat/ rephrase/ breakdown/ simplify/ explain that question? --speak more slowly?

19. Wont my answer depend upon how you define key term?

20. What?? I am sorry but is your question reasonably calculated to lead to the discovery of admissible evidence? Could you rephrase that question?

21. Do I speak Legalese? To insure due process, may I ask a few defining questions? terms?

22. For the Record, can this Court take judicial notice that I do not know the law?"23. ."Are you silently presuming that I know the law, Judge? How is it physically possible for me to read the over 60 million statutes plus everything ever published in the Federal Register? 24. Can you show me where The Post Office is lawfully authorized to serve process? 25. Does this Prosecutor have first hand knowledge or mere hearsay? Incompetent witness.

26. Swear yourself in and demand all others (prosecutor) do the same -- if they refuse to be sworn in, then Ask:

27. "May I Let the record reflect that these people wont swear in & probably intend to lie?"

28. May I see the charging instruments / the supporting sworn Affidavits from each and every accuser?

29. Dont I have the right to remain silent? Could anything I say be used against me?"

30. Are you trying to coerce me into violating my right to remain silent? Judge, if you are not going to protect my (Constitutionally protected) rights, shouldnt I expect you to recuse yourself immediately? 31. Before I answer that, can you grant me immunity from state & federal prosecution?32. I dont know my name. I am sorry, what evidence do I/you have that THAT (all CAPS NAME) is my True Name? I dont recognize THAT as my true NAMEas me.

33. May I object to your use of that Idem sonans under the legal principle of Capitis Diminutio?

34. I cant find a competent attorney for sentencing. Nobody would sign my contract. Read it. 36. How can I make a legal determination on the validity of what you are asking me to do?

37. Dont you need my permission to do this? Do I have to volunteer? Dont I have to consent?38. If you dont need my permission first, why did I have to sign the citation/order/contract? 39.That is Not my Signature. Were the underlying presumptions of this contract disclosed to me?

In order to understand the legal language, please provide me with a Blacks 4th Ed. Law Dictionary

40."How am I liable for the sum in controversy?"

[See page 15 of Koffler & Reppy's revision of Shipman's classic "Handbook of COMMON LAW PLEADING"]

41. Could this court Define $ lawful money? How can I lawfully pay a debt with a debt?42. Put the Federal Reserve Note on trial. In what form of lawful money/credit is payment /obligation due? Your Honor, how do you propose to collect? Where do you have my promise to pay?"

43."Is it lawful for the State to demand anything from me other than gold or silver coin? Where?44. Dont the legal tender laws only apply to debts founded on a contract? Are Judgments and taxes founded on contract? Please take judicial notice that there is no gold or silver coin in circulation.

It is impossible to pay. How can the law require the impossible?" Clearfield Doctrine.

45.Judge, why are You asking me Questions? Isnt my Accuser supposed to be the one to ask me questions? Are you, Judge, my accuser? Are You practicing law from the bench?46."Mr. (United States) Attorney, are you an organic part of the (federal) Justice Department?

47 Are you prosecuting me upon your own personal recognizance, or did somebody authorize you to?"

48. May I ask if this Prosecutor is a competent witness with first-hand knowledge? If he is not, for the record may I order him not to speak as he only has hear-say evidence? Is he an Interloper?

49. Where is the Victim? Where is the First-Hand Eye-Witness? Where is a competent Accuser?

-- Judge, can you have this Peace officer sign a document waiving his 'immunity' in case he lies?

The officer and the court will deny the request. How will this look on review IF he refuses to waive the immunity privilege? Wont your testimony be surely construed as tainted? Im confused-- Why else would the officer refuse to waive his immunity, unless of course he was going to lie?50. The info on my Birth is hearsay, and you wont admit Hearsay evidence into this court, right?

51. What is the Federal Tax Identification Number of this Court? (proves Court is a corporation.)52. "Your Honor, are you a Mason? -- Mr. Prosecutor, are you a Free Mason?"

53, Your Honor, are you a Beneficiary or an associate of any of the Inns of the Court?

54. "Excuse me, can you show me where your judge's office was created by law?"

55 "Isnt there a statute that says the clerk shall record ALL orders? - I order this case dismissed!"

56. That depends, your Honor, on How do you define Under stand? I do not Understand. (= I do not come under your standing, Judge/court.)

57 I Conditionally Accept your _______for Value upon valid proof that you can verify that claim.

58. Your Honor, are You a Public Servant? If NO -- Then, Whom, Sir, do You serve?

59. May I see your State issued License to Practice Law here in Washington? Is a BAR card a License?

What law allows any private non-profit organization to issue a State license? Is WSBA a closed Union Shop?60.May we cut to the chase here? What is the purpose today? What would this Court want from me?

I will be glad to comply if you, judge, will just sign an order compelling me to perform.

61. I would like to answer that Judge, but I must defer until I get competent assistance of counsel.

62. Is this case Civil or Criminal? Civil? Then, shouldnt we go by the civil rules here?*IF NOask, Based on What? May I let the record show that: (repeat --the gist of the Questions above)? OPTIONS: ***Get a certified copy of the Judges oath and file it into the case, to lock him in.

Get a certified Court copy of your Ticket (front & back). Get copy of 2 ticket #s before & after yours.

Go to the Annotated RCWs (States statutes) and copy all of the case cites in the statute(s) you violated,

build your case (submit a brief) around a few good ones. Shepardize these cites to find any new case law.

Subpoena homework from officers required creative writing (fiction) class & compare w/ the police report.

Submit a certified copy of the 1878 Washington Constitution (Walla Walla) under Mandatory Judicial Notice.Command/ Demand a Bill of Particulars from prosecutor. Discovery. Interrogatories, Admissions.

Subpoena or depose the Attorney General; the COP & all hostile witnesses ASAP.

Remove Case to Federal Court.OR Ask Judge for curative instructions / review.

Sovereign Options: The very first words you say to the Judge (before identifying yourself):

1. Hello Judge, and Welcome to the de-jure state of Washington, How will You act on the Soil today?2. **I am a sovereign, I am a sentient citizen on Washington, on the soil and beyond the sea, domiciled on Washington, non-territorial to the the United States, and therefore, without the United States.

Does this court recognize these facts?

3. Does this court recognize that I am a sovereign? If NO, quote [RCW 42.1.251]Let the record show that by absence of stipulated facts, that this court recognizes that I am the sovereign. As a matter of law, isnt a License defined as permission to do an act that would otherwise be unlawful?4. On my own private unlimited commercial liability, I certify that the statements which I am about to make are true, correct, and certain. Will the prosecutor do the same? Why not? Will he lie?5. [What about (what I am specifically accused of ) is unlawful?]

Your honor, I will be happy to go down today and buy a license, if the court will but tell me where a sovereign goes to get permission to do anything.

6. Let the record show that as a sovereign, I convene this court today for my benefit.

My Name is My Christian Name, and I am here on behalf of the Bankrupt DEBTOR, MY NAME,

Also: **Remember UCC 3 Magic Questions?:

1. What is Your Name, Judge?

2. Do You have a claim against me? (3. Does anyone here have a claim against me?)3. Can anyone here make a more superior claim against this STRAW PARTY than me?

(NO) May I request the order be released unto me? ALSO: 4. Can You provide me with the Appearance Bond, on my own personal recognizance, at no cost to me, to enable me to freely make a Plea in this case?

5. Upon your Refusal, that will be a Dishonor. I will use your Dishonor to charge an involuntary bankruptcy petition for closure and discharge.- - - - - - - - - - - - - - - - - - - - - - - - - - - --

7 Steps of OBJECTION (not consenting): If the Judge/Prosecutor says anything negative you must immediately OBJECT (or state that I do not consent.) by ASKing first:

1. (a) For the Record, will you put that in writing, your Honor? (b) For the Record May I respectfully OBJECT / not consent? NO* ( If OverRuled:

2. ASK: For the Record, may I respectfully - request a legal Reconsideration of your Ruling?

3. For the Record, may I respectfully - Reject that Ruling and take Exception to that Ruling?

If the Judge says You dont have to state Exception every time. Thank you Judge, is that free legal advice dispensed from the bench, or a legal determination?

4. If NO!*

( if Overruled, or Judge says, Your Objection is Noted for the record:

ASK: For the record, may I --request the legal or factual basis for your ruling, your Honor?

What law, code, rule, regulation, principle, policy, precedent, practice, or procedure? ( If NO!:*

5. (You can still stand your Ground:) ASK: For the record, may I respectfully - request a written judicial Finding of Facts and Conclusion of Law on this issue?( If Angrily Denied*: Why?

6. For the record, may I respectfully move for an interlocutory declaratory appeal on this matter?

7. ASK: For the Record, may I - move to stay these Proceedings until this instant matter is adjudicated by a court of competent jurisdiction? Do these Ps appear as a charade / a sham?You can also Ask: Is this Court trying to Rush Me to Judgment?

Is this Court trying to limit my lawful defense?*When the Judge says NO!* -- *ASK: BASED ON WHAT Law or Fact?*If NOASK: May I let the record show this court will not allow the Accused to --?

Judge, will that statement stand up to: --a judicial writ of review? --appeal?May I respectfully request that you put that statement into writing?

May I deny ____________ with timely rejection as hearsay?

As I am not learned in the law, - May I ask for curative instructions?

QUESTIONS YOU MAY WISH TO ASK THE IRSDURING A HEARING, OR THE IRS AGENT (WHILE ON THE STAND), DURINGACOURT TRIAL:1. Are there factual legal distinctions between "income" and "taxable income", YES or NO?

2. What are the explicit distinctions?

Fact:

There is no factual legal distinction between "income"and "taxable income"(i.e., there is no legally definition in the law for "taxable income"). You then simply claim to the IRS and to the court that your income is "income" and NOT "taxable income".

I surely would not declare that I have income.

I believe the courts have ruled that income is corporate profit.

Furthermore I would use the Writ of Mandamus to force the court to use only rules and regulations as promulgated in the Federal Register, in compliance with the APA, and Chrysler v. Brown...

QUESTIONSYOU MAY WISH TO ASK THE POLICEMAN (WHILE ON THE STAND), WHO GAVE YOU THE TICKET:1. Did you file a valid "Cause of Action" against me, YES or NO?

2. What is the specific valid "Cause of Action" against me?

3. How many elements are there in that valid "Cause of Action"?

4. What are they?

5. What specific actions did you witness I engaged in that would lead you to believe my actions matched the required elements of that valid "Cause of Action"?6. Is there any substantive basis for a legal claim without all the elements of a valid Cause of Action?Fact:

A plaintiff cannot lawfully makea "legal claim" against any alleged defendantwithout:

1. a valid "Cause of Action" being stated

2. along withall of the required elements of that "Cause of Action", and

3. statementsindicating that the alleged defendant'sactionsmatch all the elements of that "Cause of Action" have been satisfied

Without all of elements of avalid "Cause of Action" there is no basis for a "legal claim".

If this Judge cites you with contempt of court:

For the Record: I am sorry, your Honor How have I acted dishonorably?

Is that CRIMINAL CONTEMPT or CIVIL CONTEMPT, Judge?-- WAIT for Judges answer!

Criminal: Who makes the Claim? Whats the Crime, & Who is the injured party, Judge? Wait for AnswerCivil: Where is the Contract between You and Me? Did I agree to any terms of any contract, Judge?

I do not wish to be found either in contempt of the Law, or in contempt of this court.

How can I be found in contempt if I am following the Law & Rules before me?

Options: --Can you, Judge, provide curative instructions to help me stay within the law?

--For the Record, Does it not appear that this court is acting in contempt of established Law?

--Can you show me how/where this court is following the Law respecting this matter?

--For the Record, Can you point out just which Law/Court Rule here am I disobeying??

--For the Record, Which Judge will adjudicate your citing me with contempt?

--For the Record, may I find this Court appears to be acting in contempt of the Law?

--For the Record, may I find you Judge, to be in contempt of the Law, and malfeasant and misfeasant in your performance on the bench today, and in breach of your sworn oath?

Subject: HOW TO RESPOND TO CONTEMPT IN THE COURTROOM: If used properly This should back a raging dragon judge right back down in his chair docile.......

believe me it is not easy to do that .....

"KNOW RIGHTS OR NO RIGHTS" William Mayhar

How to Respond to Contempt of Court, Judicial Attack

We cringe for people going into court, dealing with the "sons of vipers, offspring of serpents" in these outlaw courts today. So many people write to us and call us, as they are being rendered in the money machine every day, liquidated to the Funding Streams for the elite.

The rendering is in the PROCESS and most people do not have experience to understand or recognize corrupt process when they are in the middle of it. Attorneys do - they created it and don't let everyone in on the "secret"

(wink wink) while you and your children are destroyed.

To help all the people in courts right now who are discovering Sui Juris process and going in without attorneys, they need to know what to say when the judge turns into a raging dragon because they dared to ask a question or

try to make the record, and to help keep from being arrested. These tools in particular are used and shared with many thanks to our friends Milt and Darlene Mitcheck, who were the researchers behind the "Vultures"

compilations that exposed the false judicial oaths in Oregon in September 2001, Research that can be also found at our website www.avoiceforchildren.com.

If you know the right words, they back down right now - they may still have you arrested, but you have said the right words on the record to descredit him in his contemptuous acts against you, and you will use this record in

any appeal or future hearings as you go. The main thing is you DISCREDIT HIM and IMPEACH HIM IN HIS OWN COURTROOM if you say the right things.

This can be used in any court in any setting, at any level, all the same basic process. I think in any country, with slight variations. Sui Juris process is simple and common law, as "any reasonable people would understand" and bridges all forms of courts or dealing with public authorities.

One of the main TOOLS they use to arrest you in a courtroom is "CONTEMPT OF COURT". Contempt is an instant six months in jail or a year sentence, potentially that is what you face. They use this for any or no reason,

mainly for intimidation, and this is where they will (have already) use a stun belt or gun on a defendant who "irritates" the court asking for our rights.

When they do this to you, and it happens so fast it makes your head spin, if you have this written down, and can keep your wits about you enough to remember to say it, (you should practice it ! It is THAT important !) here

is what you say:

"IS THAT CIVIL CONTEMPT OR CRIMINAL CONTEMPT JUDGE?" (You wait for a response on the record - do not talk until he answers and if they pause this LONG pause is on the record that he cannot answer you - the silence of a witness answering a question is an admission of truth in a court record and the longer the pause the better. All you want on the record is to make them COMMIT and then you go on, and now you have them caught in the permanent record)

If he says "CRIMINAL CONTEMPT" - you say "WHO MAKES THE CLAIM, WHAT IS THE CRIME AND WHO IS THE INJURED PARTY?" & wait as long as it takes for him to say something! If he says "CIVIL CONTEMPT" you say "WHERE IS THE CONTRACT BETWEEN ME AND YOU? I DON'T AGREE TO THE TERMS OF THE CONTRACT", JUDGE. Wait for Judges reply!

NOW you have the Judge acting CRIMINALLY OUTSIDE OF ANY LAWFUL JURISDICTION AND OUT OF IMMUNITY in his own courtroom on the record and heres why: In civil court, EVERYTHING is a CONTRACT and nothing can be done that is not a form of a contract. And ONLY HUMANS CAN LAWFULLY CONTRACT. Every citation, money exchange, order, anything at all is an exchange - a contract - between two humans. The constitution is a contract with the Children of a Creator with Inherent Rights and the Constitutionally Sovereign People in the state, bonded by the JUDICIAL OATH - their contract.

Anyway, when you say to the judge, "I don't agree to the terms of the contract" he KNOWS he does not have a contract with you and if you have committed no crime he has no authority to arrest you or to even be conducting the hearing - he is OUT of his lawful jurisdiction and OUT of his IMMUNITY.

Now, if he says "CRIMINAL CONTEMPT", like one judge did to me, with no lawful oath by the way, he made a FOOL of himself ! He said "IF YOU ASK THAT AGAIN I AM HOLDING YOU IN CONTEMPT OF COURT" I said "IS THAT CRIMINAL OR CIVIL CONTEMPT WALBERG?" and he raged and said "CRIMINAL'.

I said "WHAT CRIME HAVE I COMMITTED AND WHO MAKES THE CLAIM? WHO IS THE INJURED PARTY?' He went nuts and started yelling "THE STATE OF OREGON", "THE JUDICIAL SYSTEM", "THE COURT"..... I said "YOU KNOW THAT ONLY A HUMAN CAN MAKE A CLAIM AND THERE IS NO CRIME AND NO INJURED PARTY - YOU KNOW THAT THE STATE OF OREGON CANNOT MAKE A CLAIM" he backed down and sat there red faced (he had already arrested me about three times for speaking before this contempt attempt) and it shut him down.

This was on the third day of the battle in his courtroom/sham jury trial last January - so after this confrontation backed him down he sat WAY BACK in his chair for three hours and let me make the record, while the jury

waited in the back. MAKING THE RECORD WAS MY ONLY GOAL ANYWAY TO UPDATE THE RECORD IN OUR CASE. Unfortunately for us, the juries do not understand anything at all, and these confrontations scare them, so all the knowledge of court process and higher law goes right over their heads and they do EXACTLY what the judge LETS them do by the way he manipulates the instructions. This judge held his finger to his upper lip and looked like a cadaver for three hours, listening to the record of the crimes of our evidence against the state and his own treason as I outlined what has happened.

That is how you make the Record. You have to use another trick called "OFFER OF PROOF". When they fight you and attack you, and rage, and say you cant say anything in front of the jury, and the DA interrupts literally EVERY sentence to stop you from speaking for days (I have gone through this !)... you tell the judge "I AM GOING TO MAKE AN OFFER OF PROOF FOR MY APPEAL". He sometimes will go in the back room altogether and leave the record on, or he will sit way back and listen while you make the record of your facts without the jury present. Another trick process word is "OFFER INTO EVIDENCE" they will let you go around for days and be denied because you don't say it that way ..... they are insane, but if you do use their words they know that they have to acknowledge that this is their process and they use it so you have to be able to use it too. Another important phrase to use is RUSH TO JUDGMENT. After going around with them to a certain point and being blocked at all points, you say 'ARE YOU TRYING TO RUSH ME TO JUDGMENT?" WOW - it works - boy they sit back so fast and shut up you would not believe - you would think they were shot - supposedly four times in a hearing saying that gets a reversal, but with us they don't give us anything, so I am not sure. But it is an important TOOL, you say this and it means they are preventing you from putting on your evidence as a lawful court and judicial due process requires, and for you to say this as they are doing it is like shooting them in their chair. I hope people will write these things down in front of them when they are terrified in court - everyone is terrified in the court, even the attorneys, especially when you are bringing truth of this magnitude in there - we say where the truth meets the lie there is fallout - like a neutron bomb, you definitely stir up the hornets nest when you speak the truth in their courtrooms. The rest of the Process for the People to Access the Courts is in the book we wrote. We learned these tools more recently and they are an "addition" to the information in the Sui Juris Book. This is what REALLY happens when

you are in there, not what we think will happen or hope will happen. And learning these tools, you are prepared to meet this present evil face to face. ... pamela gaston

ER 201(d)(e)(f) & RCW 5.24.010 Mandatory Judicial Notice

RCW 5.24.010 Judicial notice of Constitution and laws.Every court of this state shall take judicial notice of the Constitution, common law, civil law, and statutes of every state, territory and other jurisdiction of the United States. [1941 c 82 1; Rem. Supp. 1941 1278.]

NOTE: When you appear by special appearance and restricted appearance at the arraignment, the judge will attempt to get you to plea without assistance of counsel, OR the judge will have already entered a plea for you on a prior hearing if you didnt know about Assistance of Counsel.

QUESTION: Your Honor, I am unlearned in the law If I enter a plea without Assistance of Counsel at arraignment, would I be waiving my right of Assistance of Counsel arising under and secured in the Sixth Amendment of the Bill of Rights of the Constitution of the United States? Is that my right? OR

Your Honor, on the last hearing a Magistrate (judge)

entered a Plea for me against my will and I didnt have Assistance of Counsel at that time. I am unlearned in the law.

Didnt that violate my Constitutional Right of Assistance of Counsel secured in the Sixth Amendment?

NOTE: Purpose of the Question is to set the judge up!

NOTE: If the Judge answers NO, then use 1. If the Judge answers YES, then use 2.

YOUR STATEMENT TO JUDGE:

NO 1.Sir, arising under the adjudged decision of the Supreme Court of the United States in Powell v. State of Alabama, 287 U.S. 45 (1934) dont we find the following?:[The] Right of accused to assistance of counsel includes right to assistance of counsel from time of arraignment until beginning of trial for purpose of consultation, investigation, and preparation for trial (Code Ala.1923, 5567; Const.Ala.1901, 6). ]THEN STATE THIS TO JUDGE: Your Honor, hasnt the Supreme Court of the United States consistently held the secured right in the Sixth Amendment to have Assistance of Counsel in criminal proceedings, including Arraignment?? See also Hamiliton v. State of Alabama; 368 U.S. 52 (1961), Massiah v. United States, 377 U.S. 201(1964); McNeil v. Wisconsin, 501 U.S. 171(1991); Texas v. Cobb, 532 U.S. 162 (2001)

USE TO GET THE JUDGE ON THE RUN; Sir, did you just lie [or are you not telling me the truth] to me and are attempting to deny me my right to have Assistance of Counsel secured in the Sixth Amendment at Arraignment?

NOTE: If you have the presence of mind go after the judge politely, but shocked and appalled that he didnt tell you the truth as you are Unlearned in the Law. NEVER threaten the judge or shout! Maintain your cool and use your knowledge and wisdom, but remembering to say that you are Unlearned in the Law!2. YES Sir, did I just hear what you said correctly that I would be waiving my right secured in the Sixth Amendment to Assistance of Counsel if I entered a Plea without Assistance of Counsel?

WAIT FOR AN ANSWER:

FOLLOWUP: Sir, May I let the record so show that this Magistrate is intentionally and knowingly attempting to deny me my 6th Amendment right to have Assistance of Counsel, including at this arraignment proceeding??

Sir, I am Unlearned in the Law, and I would like to answer your question, but how can I properly answer until I have obtained effective Assistance of Counsel as secured in the Sixth Amendment?

Is that my right?

Miscellaneous NOTES:

APPEARANCE BRIEF filed on any evidence you want presented.

OBJECT to lack of DUE PROCESS Over Ruled?

File WRIT of ERROR, WRIT of PROHIBITION

Case in Chief -- allows you to put on your defense, similar to writ of Appearance, but not a Writ.

Speaking Objection - Enter argument without objection from opposition.

Serve recipient of Service at Court to serve the Judge.

CA. 1788.17 3rd Party Debt Collector?

To IRS: Are You a Debt Collector? Are you collecting for yourself or for a principal?

Do I owe you personally or do you have verified proof of claim that I owe someone else?

If not, Failed title 15 provisions for proper notification of party for 3rd party collection process.

30 day notice for dispute

Are rules different for your agency than the rules for other agencies?

Can You Show me the fact, law, rule, regulation, policy or procedure where it states that you are allowed to override this act of congress?

A violator of process can enforce collection.

WRIT OF DISQUALIFCATION OF WITNESS: Admission on the Record under oath.

Disqualify witness as not knowledgeable of the subject we are covering. Couldnt answer Question on material issue. All I get is speculationnot factually based opinion. This man is not versed. Info from this witness should be stricken from the Record. If denied, must proceed under the objection of lack of competence.

Veracity of his lack of knowledge

Nothing relevant can be assumed.

Taxpayer ID # -- How can be unbiased? How rule against IRS without raising ire? Is anyone truly neutral. SS# makes you liable.

Where is IRS head office? Puerto Rico?

Are you bonded? Where is the surety for the Bond? Can I See the surety for the Bond?

I feel insecure on this case unless I can see the surety of the Bond.

Here is down payment on a Bond to bond this case. I own it.

Bond with Default Judgment against IRS for failure to bond the case.

Use Penalty section monetary judgment of crime to bond your case. Title 28 and 18 near end post monetary penalties for crimes.

Under Patriot Act I will take all necessary action to verify your identity.

Self insured not a govt agency.

Govt bonded, does not require insurance

DEBTS

Are you here to collect on any debt?

Do you mean that R U calling this Debt now Due and payable?

Is full payment for this debt now due and payable?

At this point, this is an impossibility under HJR 192 June 5, 1933 and Executive Order put 31CFR 511(a)

I and everyone under this order is forbidden by government under 192 until the restriction is lifted. Cant perform without 10 years in prison or $10K fine. Do not have the means to comply. Must be due and payable only in real lawful money.

Where is my lawful deferment which I am entitled to = credit?

U.S. government was dissolved on March 9, 1933 48 Stat. 1 Pub law 89 719, declared in receivership

PL94-564 p 8 HR 13955

My offer of payment under HJR 192 is lawful until the ban on hard currency is restored by a joint act of the House and Senate.

If you want to call the payment now due, call the Congress over Chapter 11 Bankruptcy.

11/15/04

EEOC -- Complaint against IRS

If you ask and they deny

I am unlearned in the law, may I request curative instructions if I have erred.*

May I request a SPEAKING OBJECTION? * (The judge & court must let you say your reason for objection without their interjecting or objecting.)

In the appearance of fairness, may I respectfully ask for a finding of facts and conclusions at law*

Is this court trying to limit my defense?*

May I request permission to present my Case in Chief?* Allows you to present your defense.

7 Steps of OBJECTION (not consenting): If the Judge/Prosecutor says anything negative you must immediately OBJECT (or -- state that I do not consent.) by ASKing;

1. For the Record, may I respectfully -- OBJECT ?* state I do not consent?*

NO* ( If OverRuled:

2. ASK: For the Record, may I respectfully - request a legal Reconsideration of your Ruling?*

3. For the Record, may I respectfully - Reject that Ruling and take Exception to that Ruling?

If the Judge voluntarily says You dont have to state Exception every time. Thank you Judge, is that free legal advice dispensed from the bench, or a legal determination?*

4. If NO!*

( if Overruled, or Your Objection is Noted for the record:

(You can still stand your Ground:)

ASK: For the record, may I request the legal or factual basis for your ruling, your Honor?* May I ask: What law, rule, regulation, policy, procedure, practice, principle or precedent?*

( If NO!:*

5. ASK: For the record, may I respectfully - request a written judicial Finding of Facts and Conclusion of Law on this issue?*

( If Angrily Denied*:

6. For the record, may I respectfully move for an interlocutory declaratory appeal on this matter?*

7. ASK: For the Record, may I - move to stay these proceedings until this instant matter is adjudicated by a court of competent jurisdiction?* May I deny _____________ with timely rejection as hearsay?*

As I am not learned in the law, - May I ask for curative instructions?*

*When the Judge says NO!* -- *ASK: BASED ON WHAT Law or Fact?

What law, rule, regulation, policy, practice, precedent, principle or procedure?

*If NOASK: May I let the record show this court will not allow the Accused to --?

If the judge cites you with contempt of court:

For the Record: I am sorry--

Is that CRIMINAL CONTEMPT or CIVIL CONTEMPT, Judge?-- WAIT!Criminal: Who makes the Claim, Whats the Crime, & Who is the injured party, Judge? Wait for AnswerCivil: Where is the Contract between You and Me? Did I agree to any terms of any contract Judge?

I do not wish to be found either in contempt of the Law, or in contempt of this court.

How can I be found in contempt if I am following the Law & Rules before me? Options: --Can you, Judge, provide curative instructions to help me stay within the law? Since I am only marginally learned in the law, may I ask what law, code, regulation, rule, prevailing procedure, policy, practice, principle, or precedent prevents or prohibits me from posing pertinent questions

of my lawful obligation?*

to adequately defend this David from your Goliath?*

to ensure lawful due process?*

Please tell me so I can proceed in lawful compliance.

ASK: May I ask for Curative Instructions so I may be on point?*

If Judge says ~Its beyond the Scope, OR Its Irrelevant.

ASK: What is this all about?

ASK: May I now present an Offer of Proof in support?*

From the Court Files: Docket #________. MJN_______*If NO, May I let the record reflect that___________ Well, I guess we have the answer to that!!At end of regular Cross-Examination of Prosecution witness, ASK,

1. Are you aware of the crime I have been charged as committing?

2. In the evidence just presented, - what do you see that directly implicates me?

OR , -do you know of anything that directly implicates me?

(This is a dangerous question -- unless you know that the witness had no contact with you)

3. What evidence implicates me?

(When jury is out, bring up a POINT of ORDER:)

JUDGE: We thank you, your Honor, about your notification that it is

your job to tell the jury what the law is.

I appreciate any curative instruction I can receive.

For the record, Am I correct, your honor, when I cite the supremacy clause of the Constitution, saying that "the judges in every state shall be bound thereby, no Thing in the Constitution or laws of the states to the contrary,notwithstanding."? YES /NO For the record, Am I correct when I say the law is as the Constitution lays down the procedure for the law to be made, and that is NOT for the judge to stipulate or create the law, but for Congress to make? Yes or NO? Based on what fact or law?For the record may I respectfully ask if:

I am right, your Honor when I quote John Jay, 1st Chief Justice

United States supreme Court, 1789 on JURY RIGHTS "The jury has a right to judge both the law as well as the fact in controversy." ?

YES or NO? -- Based on what fact or Law?

Anything NEGATIVE, Ask for the record, may I OBJECT? or - I do Not Consent.Am I right when I quote Samuel Chase, U.S. Supreme Court Justice,

1796, Signer of the unanimous Declaration

"The jury has the right to determine both the law and the facts."

YES or NO Based on what fact or law?

May I quote Oliver Wendell Holmes, U.S. supreme Court Justice, 1902

"the jury has the power to bring a verdict in the teeth of both law and fact."

YES or NO Based on what fact or law?

May I quote Harlan F. Stone, 12th Chief Justice U.S. Supreme Court, 1941

"The law itself is on trial quite as much as the cause which is to be decided."

YES or NO Based on what fact or law?

Am I right to quote U.S. vs Dougherty, 473 F 2nd 113, 1139, (1972)

"The pages of history shine on instance of the jury's exercise of its prerogative to disregard instructions of the judge..."YES or NO Based on what fact or law?

[There MUST be some court cases that re-enforce the fact that when a court makes rulings that are not in accord with superior court rulings, the civil rights of the defendant are violated and the judgment is void ]Stick with the LAW, and the Judge will not jail you for contempt.

If I must answer your questions under threat of contempt of court, are you not suborning my testimony?

Until my questions are answered, how can I be in a position to answer any of yours?

FRCP: Rules 17 Real Parties of Interest.1 of 13 For learning purposes only not legal advice 2002 J&D Consultants Ministries [email protected]