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Paul Walter was born in socialist Yugoslavia in 1945. He and his family emigrated to America in 1959. He served 3 years in the U.S. Armed Forces and became a U.S. citizen in 1963. Owner of Walter Publishing & Research, he republished a 100 year old book titled The Coming Battle, the true history of our national debt. The book is currently in its 5th printing. E-mail walter@internetcds.com

This article shows the contempt that judges have for the U.S. Constitution. They will spare no taxpayer dollar to incarcerate those bold enough to challenge their authority.

Forward this article far and wide.

Paul Walter ______________________________________


1 posted on 10/15/2002 5:12:15 AM PDT by madfly
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To: madfly
I may be wrong about this, but I have read the Supreme Court has ruled that no one has to have a driver's license.

2 posted on 10/15/2002 5:16:39 AM PDT by Trickyguy
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To: madfly
When the court can make up their own rules as they go along and pay no heed to the Constitution, we live in a lawless land New Jersey.
3 posted on 10/15/2002 5:17:27 AM PDT by Maceman
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To: madfly
What is the constitutional question involved here? This doesn't even appear to be a Federal issue.
4 posted on 10/15/2002 5:22:29 AM PDT by Huck
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To: madfly
The defendant brought this on himself. He is tilting at windmills. Any driver on Oregon roads must show his operator's license at the request of law enforcement. Now he has insulted a judge in open court and I agree with the judge that he must be a total wack job and "off his rocker."

A better choice was to show his driver's license on request .....

5 posted on 10/15/2002 5:26:55 AM PDT by ex-Texan
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To: madfly
More on Ray Karczewski


http://skepticult.org/digger/freebray.html


I think he's cuckoo for Cocoa Puffs.
6 posted on 10/15/2002 5:28:19 AM PDT by Huck
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To: madfly
"I don't need a license for private purposes on a public road, in a private vehicle."

Idiot.

8 posted on 10/15/2002 5:29:15 AM PDT by AppyPappy
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To: madfly
In Alabama the courts have ruled that driving is a privilege, not a right....This guy was not in the proper place in court, he was in the "gallery"!! Do you want blind people or twelve year olds to drive??????

Clearly there many more important things to die over than rather or not we have a right to drive without a license!!!

To die over such a thing shows this man needs mental help....If he wants to suffer for a cause, let him spend all his time helping the Red Cross in disastor relief....
9 posted on 10/15/2002 5:30:08 AM PDT by Ecliptic
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Oh brother... Bookmarking for fascinating discussion.
10 posted on 10/15/2002 5:30:25 AM PDT by HairOfTheDog
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To: madfly
SEVEN ELEMENTS OF JURISDICTION

1. Accused must be properly identified; identified in such a fashion there is no room for mistaken identity. The individual must be singled out from all others; otherwise, anyone could be subject to arrest and trial without benefit of "wrong party" defense. Almost always the means of identification is a person's proper name, BUT, any means of identification is equally valid if said means differentiates the accused without doubt. (There is no constitutionally valid requirement you must identify yourself) For stop and identify (4th Amendment) see Brown v. Texas, 443 US 47 and Kolender v Lawson, 461 US 352.

2. The statute or offense must be identified by its proper or common name. A number is insufficient. Today, a citizen may stand in jeopardy of criminal sanctions for alleged violation of statutes, regulations, or even low-level bureaucratic orders (example: Colorado National Monument Superintentdent's Orders regarding an unleashed dog, or a dog defecating on a trail). If a number were to be deemed sufficient, government could bring new and different charges at any time by alleging clerical error. For any act to be triable as an offense, it must be declared to be a crime. Charges must negate any exception forming part of the statutory definition of an offense, by affirmative non- applicability. In other words, any charge must affirmatively negate any exception found in the law. Example of exception: ".... thereof to make a return (other than a return required under authority of 6015).....Indictment or information is defective unless every fact which is an element in a prima facie case of guilt is stated. Assumption of element is not lawful. Otherwise, accused will not be thoroughly informed. 26 USC 6012 is a necessary element of the offense. Since 6012 isn't cited, the information is fatally defective. Additionally, information did not negate the exception (other than required under authority of section 6015)." After reading 6012 and 6015, and knowing that 7203 elements are: A. Required to perform. B. Failed to perform. C. Failure was willful you may wish to ask, "how often is a valid 7203 or other information or indictment brought? How many citizens have been convicted on a fatally defective process?

3. The acts of alleged offense must be described in non- prejudicial language and detail so as to enable a person of average intelligence to understand nature of charge (to enable preparation of defense); the actual act or acts constituting the offense complained of. The charge must not be described by parroting the statute; not by the language of same. The naming of the acts of the offense describe a specific offense whereas the verbiage of a statute describes only a general class of offense. Facts must be stated. Conclusions cannot be considered in the determination of probable cause.

4. The accuser must be named. He may be an officer or a third party. Some positively identifiable person (human being) must accuse. Some certain person must take responsibility for the making of the accusation, not an agency or an institution. This is the only valid means by which a citizen may begin to face his accuser. Also, the injured party (corpus delicti) must make the accusation. Hearsay evidence may not be provided. Anyone else testifying that he heard that another party was injured does not qualify as direct evidence.

5. The accusation must be made under penalty of perjury. If perjury cannot reach the accuser, there is no accusation. Otherwise, anyone may accuse another falsely without risk.

6. To comply with the five elements above, that is for the accusation to be valid, the accused must be accorded due process. Accuser must have complied with law, procedure and form in bringing the charge. This includes court-determined probable cause, summons and notice procedure. If lawful process may be abrogated in placing a citizen in jeopardy, then any means may be utilized to deprive a man of his freedom. All political dissent may be stifled by utilization of defective process.

7. The court must be one of competent jurisdiction. To have valid process, the tribunal must be a creature of its constitution, in accord with the law of its creation, i.e. (article III judge).

Without the limiting factor of a court of competent jurisdiction, all citizens would be in jeopardy of loss of liberty being imposed at any bureaucrat's whim. It is conceivable that the procedure could devolve to one in which the accuser, the trier of facts, and the executioner would all be one and the same.

The first six elements above deal primarily with the issue of personal jurisdiction. The seventh element (also element #2) addresses subject matter and territorial jurisdiction. Subject matter jurisdiction is conferred by acts controlled by law; territorial jurisdiction attaches by venue of the parties in relation to the court and to any trans- jurisdictional acts and/or activities of the parties (extended territorial jurisdiction is conferred by controversial long-arm statutes).

SUMMING UP the LAW and the POLITICS Lacking any of the seven elements or portions thereof, (unless waived, intentionally or unintentionally) all designed to ensure against further prosecution (double jeopardy); to inform court of facts alleged for determination of sufficiency to support conviction, should one be obtained. Otherwise, there is no lawful notice, and charge must be dismissed for failure to state an offense. Without lawful notice, there is no personal jurisdiction and all proceedings prior to filing of a proper trial document in compliance with the seven elements is void.

A lawful act is always legal but many legal acts by government are often unlawful.

Jurisdiction, once challenged, is to be proven, not by the court, but by the party attempting to assert jurisdiction. The burden of proof of jurisdiction lies with the asserter. The court is only to rule on the sufficiency of the proof tendered. See McNutt v. GMAC, 298 US 178. The origins of this doctrine of law may be found in Maxfield's Lessee v Levy, 4 US 308.

12 posted on 10/15/2002 5:43:32 AM PDT by Boonie Rat
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To: Free the USA; AAABEST; A. Pole; Agrarian; Alamo-Girl; Anthem; asneditor; ATOMIC_PUNK; Aurelius; ...
ping
13 posted on 10/15/2002 5:43:54 AM PDT by madfly
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To: Liberty Belle
You'll enjoy this one!
15 posted on 10/15/2002 5:46:37 AM PDT by RichardsSweetRose
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To: madfly
Seems to me like he is in jail for being a jackass, not for his constitutional beliefs.
16 posted on 10/15/2002 5:46:52 AM PDT by Rodney King
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To: RGSpincich; Cultural Jihad; Roscoe; Kevin Curry; dighton; aculeus; Orual
Ping.

There must be something in the water in Grants Pass :o)
17 posted on 10/15/2002 5:50:41 AM PDT by Poohbah
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To: madfly
We have so many constitutional experts here on Fr, it is difficult to understand why they are wasting time on such a forum.

Mr. Karczewski has the right to believe anything he desires without being mentally challenged. Those so eager to deride the gentleman, should pause, think for a moment about their own beliefs.

30 posted on 10/15/2002 6:38:35 AM PDT by cynicom
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To: madfly; All
Here is some free legal advice. (Normally $300 per-hour).

The Defendant should take off his tinfoil hat, turn it upside-down, and use it for a bowl. Have a meal and relax.

The Court need only determine that it has jurisdiction. Such ruling is NOT required in writing. Merely proceeding can be the ruling.

As for not producing his license. This old copper should stop surfing the web-pages of the anti-government wackos. There is no exception for producing one's license. He is required to have one, no matter what the purpose is that he is using the public road.

31 posted on 10/15/2002 6:40:45 AM PDT by Iron Eagle
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To: madfly
whose wife of 43 years describes him as "steadfast in what he does"an old fool..
36 posted on 10/15/2002 6:55:42 AM PDT by verity
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To: madfly
This guy is a crackpot - he is fighting for his sanity, not the constitution.
46 posted on 10/15/2002 7:30:29 AM PDT by TheOtherOne
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To: madfly; All
It is probably too late, but it would be useful if the signal-to-noise in this thread remained high as opposed to a cacophony of ad homeniem slurs and meaningless remarks which drown out all sensible discussion.

If someone has intelligent questions or meaningful non dogmatic comments about this cluster of topics please post them so other like minded thinkers can review and discuss them.

I fully expect this thread to find it's way to the Smokey Backroom before I even get a chance to review the (meaningful) contents.

It is very frustrating.

Best regards to all,

49 posted on 10/15/2002 7:45:19 AM PDT by Copernicus
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To: madfly
I have to bookmark this thread.

Last time I checked the Bill of Rights does not guarantee me the right to drive where I want, when I want and however I want. As a matter of fact I don't think the constitution says a thing about it.

THe guys a whackjob as far as I am concerned, although southern Oregon does worry me, their judges and police are a little whacked out as well.
60 posted on 10/15/2002 8:10:17 AM PDT by Aric2000
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To: madfly; agitator
Ping don't know if you saw this.
69 posted on 10/15/2002 8:31:37 AM PDT by jokar
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