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______________________________________________________the Court SystemTherefore, J.A.I.L. Cannot Promote Court Procedures(J.A.I.L.'s response follows below)October 7, 2005
This is in response to your recent article, Traffic Courts. You have provided some good and valid information in this piece, but you end it by saying that this jig will not be up until the passage of J.A.I.L. because there is too much money in it. We admire the objectives of J.A.I.L., but we strongly disagree that the fraudulent, deceptive and criminal actions of the court cannot be stopped now, because we have stopped those unconstitutional courts by our groups winning over 300 victories inNew Mexico courts, without any losses. Our methods are based in and supported by the Constitution. We have attempted, on many, many occasions, to share our methods with your members and to support the J.A.I.L platform, but you have never responded, once, to our E-mails.
When I was foreman of the San Miguel County grand jury and exposed the blatant fraud in that corrupt system, you did respond and you published my material. I am extremely perplexed that you are not willing to publish Constitutionally based methods that win each and every time in court and which methods would greatly advance the position of J.A.I.L. for all states and help your members win cases now. Our methods work in New Mexico and can work anywhere, but only with those serious and patriotic Citizens who are willing to do the work and really want to win their cases and defeat this evil, corrupt system called American government, in ALL its forms.
In reference to your article, we have a few comments that may reinforce your lawful positions. In the first place, any stop or detention by government is an arrest. Any time government stops or detains a Citizen, a complaint must have been made by a party injured by actions of the arrested Citizen. If no complaint was made by an injured party, then the arrest is unlawful and unconstitutional. All government officers are required to take oaths to support the Constitution, thus, by the actions of the fraud acting as officer, he/she, in making this arrest, without complaint, perjured his oath, violated the Constitution and powers and Rights guaranteed therein to American Citizens. Thus, pursuant to the 14th Amendment, and the self-executing Sections 3 and 4, the fraud and imposter acting as officer immediately vacated his office upon his criminal actions, and is entitled to no benefits of his former office, including salary and pension. This action extends to the customs and practices of the entire police department in which the city/municipality is located and all its public officers.
Further, most states, if not all, require all public officers, including police, to have, by law, surety bonds or faithful performance bonds, which assures the faithful performance of duty by the officer. This has nothing to do with liability insurance. The bond assures the state and its Citizens that the officer will perform his duties pursuant to his oath, and if he does not, when the bond is called, a monetary payment is made to either the state or the Citizen injured by the officer's actions. However, be fully aware that most states do not abide by their own surety bond laws, thus they do not follow their own laws, yet hold the Citizens strictly to the law. When states do not follow their own laws, that amounts to, including, but not limited to, fraud, with intent to deceive. Most states also have laws that prohibit public funds from being expended on illegal government actions, yet this happens each and every day and it seems that very few people take any effective action to stop it. We do.
For those who may say, in spite of what is stated above, that the police have the right to stop Citizens from illegal driving activities, please be aware of the definition of driving, as defined in federal law, and adopted by many states. Driving is defined as driving a commercial motor vehicle. Most Citizens TRAVEL, not drive, in their own private automobiles or motor conveyances, and do not drive commercial motor vehicles. A law must be valid to exist, and must exist to be enforced. All laws created for the American People by congress, or any other body, must conform with the Bill of Rights, or those laws are invalid, unconstitutional, and without force or effect, whatsoever. However, if you do not know and demand your Rights, you have none. By the states using this definition of driving. then arresting and citing Citizens for driving offenses, etc., the states are either citing Citizens for alleged violations of laws which do not lawfully exist, or misapply existing law. In either case, it is fraud, with intent to deceive the Public. The states are converting Constitutional Rights into privileges, then regulating them, and incredibly, the Citizens allow it.
Any action by government which begins as a violation of due process of law, or of the Fourth Amendment, or any powers of and Rights guaranteed in the Constitution to American Citizens, or fraud, deceit, with intent to defraud the People, is unconstitutional, unlawful, and such action brought by government to court and heard by that court furthers the criminal actions by government, condoned by the court. Simply for the court to hear such actions demonstrates that the court, on its own, and pursuant to the oath of the presiding judge, is unconstitutional, devoid of due process of law, forfeits any perceived jurisdiction, and any rulings rendered are null and void, without force or effect, whatsoever, upon American Citizens. Merely for the presiding imposter acting as judge to sit in such a court is treason.
Fraud abounds in the American judicial system, and a Citizen must be aware of it to protect himself. If he is not, then he will lose. Most People think of themselves as U. S. citizens, not American Citizens, and there is a major difference. American Citizens have full Rights guaranteed in the Constitution, and U. S. citizens do not. When an American Citizen goes to court and knows and demands his Rights, knows and points out the fraudulent nature of the court, challenges its jurisdiction, and the Constitutional duty of the fraud acting as judge, that Citizen is virtually assured of victory. However, when the U. S, citizen goes to court, unaware of the reality of that court, he is virtually assured defeat. For victory, the nature of the beast must be fully understood.
As previously stated, what is not authorized in the Constitution is prohibited. American Citizens, not U.S. citizens, are guaranteed trial by jury, not hearing by judge. Any hearing by judge is unlawful and unconstitutional and operates in violation of due process and Constitutional Rights, including, but not limited to, unlawful and Constitutionally unauthorized usurpation of the power of the jury. ALL courts inAmerica are unconstitutional courts, including the supreme court, and operate as administrative, legislative, territorial or district courts which operate under Article I and/or IV, and not Article III. Remember, if you do not know and demand your Rights, inAmerica , you have none. No court has proper jurisdiction to hear any case for the American Citizen. However, if the Citizen does not challenge the courts jurisdiction, and accepts it, then he is subject to the rules of that accepted jurisdiction, and he loses. Of course, the whole process is deception, but if the Citizen accepts the deception, he is part of his own problem. As Citizens, we must be fully aware of the entire fraud in all systems, public and private, and oppose all enemies, foreign and domestic. The domestic enemy is virtually ALL government in ALL positions. Unless and until we, as Americans, recognize and act on this reality,America will lose.
Our methods lock in the courts to the Constitution, and our Motions require the presiding fraud acting as judge to support the Constitution, specifically, the Bill of Rights, or he commits treason, by his own ruling, on the public record. Few judges are willing to do this. We win before we ever get to the subject matter.
There is much, much more we could say on the courts, but for the sake of brevity, we shall end here. J.A.I.L. is not the only web site to which we have sent our methods, with the same non-response. We have sent them to over 100 web sites claiming to be advocates for the People, which mostly complain of problems in court and government, but, who, apparently, are uninterested in methods that defeat government in court. As many of you know, government has long established opposition" to itself, and controls that opposition, for its own benefit, while you who support the opposition are, in fact, being controlled by that government you oppose.
Jack and Margy Flynn, American Citizens(J.A.I.L.'s response)Dear Margy:This is Barbie responding. Ron mentioned to me his consternation at not being able to satisfy you regarding J.A.I.L.'s position in reference to the current judicial system, and he's frustrated because he just hasn't the time to attend to further explanation of your perplexity. So I will attempt to respond this time.You state: I am extremely perplexed that you are not willing to publish Constitutionally based methods that win each and every time in court and which methods would greatly advance the position of J.A.I.L. for all states and help your members win cases now.Please be advised that "publish[ing] constitutionally based methods that win... in court" (i.e., the current system), will not advance the position of J.A.I.L. because that is not J.A.I.L.'s position. The mission of J.A.I.L. is outside the system, not part of it. Regardless of what happens within the system, J.A.I.L. proposes to establish a means by which the People can regain their rightful authority OVER the court system, by holding judges accountable for any violations of the Constitution and laws made in pursuance thereof.J.A.I.L. is designed to be a "new guard for [the People's] future security" as stated in the Declaration of Independence that the People have the DUTY to establish. When government becomes despotic (and it has), the People have the DUTY "to throw off such government and provide new guards for their future security." That's what J.A.I.L. does-- provides the means by which the People can carry out that DUTY as described. Several state Constitutions follow that principle by stating that the People have the right to alter or reform their government when the need to do so arises. That's generally in the initiative states. New Mexico is not an initiative state, as far as we know; however, it is a natural right for the People to take steps to correct the problem of judicial tyranny-- not a privilege granted by the legislature.The Preamble of the J.A.I.L. Initiative states (I'll refer to the South Dakota Initiative, since that's the one active right now): We, the People of [state], find that the doctrine of judicial immunity has the potential of being greatly abused; that when judges do abuse their power, the People are obliged - it is their duty - to correct that injury, for the benefit of themselves and their posterity. In order to insure judicial accountability and domestic tranquility, we hereby amend our Constitution by adding these provisions....."It says J.A.I.L. will act "when judges do abuse their power." If judges operating in the system don't abuse their power, then J.A.I.L. won't be involved, and won't interfere with the system. However J.A.I.L. must be in place as a "guard for [the People's] future security." The Department of Homeland Security isn't going to provide the security we need!Now-- traffic court is abusive ab initio. The entire set-up is unconstitutional. You state many points of law that are not followed by traffic courts. They're not really "courts" at all, but an administrative arm of law enforcement. Their only interest is in collecting revenue. You know that. But what you apparently don't know is J.A.I.L.'s interest-- and it's not in promoting court procedures. You state: "We admire the objectives of J.A.I.L., but we strongly disagree that the fraudulent, deceptive and criminal actions of the court cannot be stopped now," -- however whatever can stop judicial misconduct within the system now is beyond the scope of J.A.I.L. J.A.I.L. does not get involved with the system at all.So please -- and this applies to everyone similarly situated-- before allowing your perplexity to get the better of you, learn what J.A.I.L. is about and what it's NOT about. J.A.I.L. gets involved only when and if the system doesn't work in a particular case, and then deals only with that case regarding whether or not the particular judge would be entitled to judicial immunity if sued in a subsequent case for acts of misconduct as stated. It doesn't get involved with court procedures in the system function. It allows the system to function as it will, with no interference. Only after the system is exhausted through all appeals does J.A.I.L. get involved IF it is alleged that the judge(s) violated specific constitutional law(s).Just picture the court system as one box, and J.A.I.L. a separate independent box. The only connection between the two boxes is a litigant filing a complaint to the Special Grand Jury in the second box after exhausting all procedures of the first box. The second box (J.A.I.L.) is never part of the first box (the court system).We encourage people to do whatever they can to achieve a remedy in the court system, aside from J.A.I.L. But they must understand that any court process and procedure (including traffic court, administrative court, and common law court) is separate and apart from the J.A.I.L. process. That's important to remember. We have so many frustrated people out there wanting J.A.I.L. to help them in the court process and to promote their procedures. That is not J.A.I.L.'s function, nor can it be in order to carry out its independent mission of the People!-Barbie-We need everyone's help in South Dakota, with donations, collecting signatures, and spreading the word any way you can. The signature gathering campaign is currently under way until the beginning of November-- less than a month away. We are encouraged by the progress made so far and urge everyone to participate in this cause. Please go to www.SouthDakotaJudicialAccountability.com for details and information. Call the SDJA office at (605) 231-1418 for immediate contact. We thank all of you who have already helped and those who are actively working so hard in coordinating this effort.
REMEMBER-- A WIN IN SOUTH DAKOTA
IS A WIN FOR EVERY AMERICAN!
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