Saturday, October 22, 2011

The System: How To Close Down A Court

Fight The Power
VERBATIM POST
========
by Bernard Weckmann [a/k/a "Bernard: WeckMann"]

As originally posted on: runnymede1215.wordpress.com
August 24, 2011
There are many court room strategies to choose from. Which one you choose depends on many variables such as the nature of the case, your knowledge of the law and, of course, your level of confidence and ability to handle confrontations. The best thing is never to go into any court in the first place. Unfortunately, that is not always possible. In this post I share with you my experiences and my wife’s.

The most important consideration for my wife and myself is this: we do not want to waste our precious time on fools and thugs. Our strategy is therefore quite simple: rather than enter a court in order to argue with the judiciary about the law and the merits of a case we deny them jurisdiction right from the start!

Why spend precious time and energy on studying statutory law and admiralty jurisdiction when they do not even apply to living men and women – only to corporations? Why try to master the intricacies of court procedures – which are based on nothing more than sophistry and outright deception Why board their pirate ship and play their game according to their rules?

Summonses are nothing more than offers to enter into a contract with the court to do business (Surprise! Surprise! The government is after your money!) We have written letters to the court declining such invitations and we have sent affidavits in which we clearly and unequivocally denied consent to their presumption of jurisdiction! All to no avail! These crooks will happily ignore their own rules! So we decided to meet them in the court room and, in front of witnesses, show them up for the powerless pathetic critters that they are! We have done this successfully four times!

There is no way in the world I’d ever consider hiring a lawyer. A lawyer is an officer of the court and his loyalty is to the court – NOT to his client. Never Hire an Attorney

Hire a lawyer and you become a “ward” of the court with a diminished legal status -equivalent to that of a minor. The court will handle your affairs now and woe to you, then! To put this rather bluntly: your lawyer will hold your hand and console you while the court is raping you – and he will do this for a share of the loot!

But you do not need a lawyer. Anyone has the right to handle his own affairs.

Here now is the skeleton of our approach:

STEP ONE

We tell them in an affidavit well before the scheduled appearance in court, submitted in the form of registered mail with delivery confirmation, that they do not have nor will they get IN PERSONAM jurisdiction. It is almost certain that they will ignore the affidavit. We are therefore prepared for the the fact that they will go ahead with their kangaroo court proceedings.

If they know that they do not have jurisdiction, and if they know that we know why would they still want to continue? First of all, the lower levels of the judiciary do not necessarily know the law. Strange, but true! Furthermore, used to having their way they simply won’t accept that they are up against somebody who not only knows his rights but is also ready to assert them. They always assume that they can intimidate you into submission or manipulate you into granting jurisdiction unwittingly.

STEP TWO

When our names are called we rise and remain standing! Some people make a show of not rising, arguing that the court will not show the same courtesy to them. We rise, not out of respect for the court, but for a far more practical reason: psychologically speaking, you enhance your presence and your impact by standing. Quite literally, we stand up for ourselves and our rights! We are also more visible to everybody in the room and at the same time we are now more or less level with the magistrate or judge who usually is placed a bit higher than everybody else. Last but not least it is also easier to be assertive in a standing position.

We NEVER address the magistrate/judge with “Your Honour” or similar honorifics

We do NOT shy away from interupting – rudely if it must be

We raise our voice – if necessary to shout the magistrate/judge down

Just think of the impression this makes on the audience: they see and hear somebody who fearlessly faces a court, denies jurisdiction, humiliates and embarrasses the court and walks away! In fact, I once had one man come up to me after I had walked out of the court room giving me the thumbs up and saying, with a broad smile: “Good show!” He may or may not be ready to do the same but this is one man who now knows that these scoundrels in fancy dress and fancy wigs are essentially nothing but powerless pathetic clowns and he is likely to talk to his friends about what he witnessed and they in turn ……..

STEP THREE

We do NOT EVER cross the bar that separates the public gallery from the actual court; if we did we would be stepping from the jurisdiction and protection of Common Law, also known as the Law of the Land, into admiralty jurisdiction, or the Law of the Sea.

In the fantasy world of the legal fraternity you are considered to have boarded a ship if you cross the bar. Having crossed the bar you have lost the protection of Common Law and the captain (the magistrate or judge) of the imaginary vessel (a pirate ship), will deal with you according to the Law of the Sea. This captain, however, is nothing like the likeable rogue and decent Pirate Captain Jack Sparrow:

This captain is more like his opponent Davey Jones, a slimy many-tentacled denizen of the netherworld who will lie and steal and rape and cut your throat!

We deal with the court from the public gallery, i.e. from dry land, and always from the last row!

They cannot physically force us to cross the bar! If they did they would be committing a breach of the peace, i.e. assault, a criminal offence. Neither can they arrest us to get us into their jurisdiction; without probable cause such an arrest is likewise a breach of the peace, a criminal offence.

STEP FOUR

After rising we announce that we are NOT the name that has just been called; our names are Bernard or Edith. We are agents for the legal fiction! We refuse instructions to come forward: they are really nothing more than invitations to board their ship and enter into their admiralty jurisdiction.

We do not respond to being addressed as Mr or Mrs …………..

We tell the magistrate/judge that we claim protection of Common Law and that we do not consent to his or her jurisdiction!

STEP FIVE

We address the audience in the court room, asking this simple question:

Does anybody here have a claim against me?

Note: Claims MUST be backed up by an affidavit of probable cause or sworn statement showing amongst other things: the breach of the peace for which you have been summonsed, the name of the plaintiff who must be a human being (not a legal fiction such as a government agency or police) and the nature and extent of the harm done to the plaintiff.

Alternatively, the plaintiff needs to produce a lawful contract which you entered into knowingly and intentionally and which was subsequently not honoured by you, thus causing the plaintiff harm.

Obviously, few cases meet those criteria. If you are up for driving without a licence, for instance, ask yourself: What is the harm done? No harm was done to anyone! Is the plaintiff a human being or a legal fiction? The police officer who booked you is a human being but he has not been personally harmed, has he? He therefore has no case against you! The police, however, is a legal fiction and can neither make a claim nor sign an affidavit! Do you have a contract with police that obliges you to take out a drivers licence or do anything else, for that matter? I don’t and I’d be surprised if you did!!

To sum it up: without an affidavit of probable cause there is NO criminal case and without a lawful contract there is NO civil case!

We allow a few moments of silence to let anyone come forward who might have a genuine claim against us. If nobody comes forward (and there is, of course, never anybody with a valid claim) we wrap everything up with the following statement: “There is nobody here in this room who has a claim against me! My business here is finished!”

We warn the court of the serious consequences of trying to arrest us when leaving.

THEN WE WALK OUT !!! That’s it! That’s all!

We do not look back and do not respond to anything more coming from the court.

I have posted Edith’s case of “obstructing police” on the loveforlife website: the link below will get you there. You can read about the background of the case and you can listen to the audio recording which we made with our mobile . This recording will show you how our approach of denying them jurisdiction works in practice. Enjoy! http://loveforlife.com.au/node/8114

3 comments:

  1. This comment has been removed by the author.

    ReplyDelete
  2. Thanks for the repost. I have a soft spot for Bernard: WeckMann, and freemen generally. Funnily enough, thinking about it, I am sympathetic to freemen for the same reason I am sympathetic to the various factions of "Anonymous" computer hackers: Uniquely among today's citizenry, they are putting their asses on the line to combat the tyranny of an arrogant ruling class. And what is there for a libertarian not to respect about that?

    ReplyDelete
  3. Uniquely among today's citizenry, they are putting their asses on the line to combat the tyranny of an arrogant ruling class. And what is there for a libertarian not to respect about that?

    Yes, Sir. Absolutely.

    ReplyDelete