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Re: Vexari post# 1049

Wednesday, 08/31/2011 1:01:07 PM

Wednesday, August 31, 2011 1:01:07 PM

Post# of 6685
The constitution grants the court two different criminal jurisdictions

One is a criminal jurisdiction under the common law and the other is a criminal jurisdiction under Admiralty or Military Tribunal venue from article one section 8 clause 17 of the constitution

The first appearance you make in court is your arraignment in which it is the purpose of the court to present the charges and find out how you intend to react

by standing up for your rights, or being fearful and an easy target

During this proceeding the judge will inform you of the charges against you and attempt to get you to enter a plea of guilty or not guilty

A third choice is, no contest, which is essentially pleading guilty without admitting guilt

Be careful however, because as soon as you open your mouth to enter a plea, you have given them formal jurisdiction over you

If you intend to follow this procedure and win, you must not enter a plea

The judge's first question to you should be something to the effect of

Do you understand the charges against you?

or, it might be

How do you intend to plea?

You must say No. I do not understand or, I can't enter a plea until I get some questions answered

The judge will probably be irritated and try to intimidate you

You must politely state I need to have some questions answered before I can enter a plea

Tell him that you do not understand the nature and cause of the action against you

Once the judge has agreed to answer your questions, your first question will be:

Is this going to be a civil action or a criminal action?

In the highly unlikely chance that the judge answered your question by saying it is a civil action your response will be:

Thank you Your Honor

Let the record reflect that this is a civil action

Your Honor since this is a civil action, I make a motion to dismiss for lack of a sworn complaint by an injured party, and no injured party is present

More likely the judge stated that this is a criminal action

So you respond:

Thank you Your Honor. Let the record of this court then show that this action against me is a criminal action

Now I have another question

Your Honor, the constitution grants this court two different criminal jurisdictions

One is a criminal jurisdiction under the common law and the other is a criminal jurisdiction under Admiralty or Military Tribunal venue from article one section 8 clause 17 of the constitution

In which of these two criminal jurisdictions does the court intend to try me?

Do not expect an easy answer to that question from the judge, as you have just exposed the courts fraud


The truth is they are acting under a military tribunal of which they have no right to use with you

But the judge can not say that

And he can not say common law because if he does you will make a motion to have the case dismissed because there is no sworn complaint by an injured party and no injured party present

Exactly like you would if he said it was a civil action

I also have the right to appear as myself in my own person without a licensed attorney. And in order to intelligently defend myself I have to know the jurisdiction that this court is operating under, because the rules of criminal procedure under a common law jurisdiction are very different from the rules of criminal procedure under an admiralty or military tribunal

I need to know, under which jurisdiction you intend to try me in order for me to proceed with this case

The 6th amendment grants me the right to know the jurisdiction being applied and it grants you the duty to inform me and I do not think you would be violating your oath of office for doing your duty

Therefore, will you please answer the question so this court is properly identified?

If the judge still responds by telling you to get an attorney, your answer will be:

Thank you Your Honor

Let the record of this court show that I (your name here), the accused in this criminal action, has asked the court to divulge the nature and cause of the accusation upon the authority of the 6th amendment and that this court has failed in its duty to inform me of the nature and cause of the action

Furthermore let the record also show that this court intends to bring this action against me under a secret jurisdiction known only to licensed attorneys

At this point the judge might claim that this is a statutory jurisdiction under the statutes of the state of (whatever state you are in)

If he does so, your next statement is:

Thank you Your Honor

Let the record of this court then show, that it intends to conduct a criminal action against me under a statutory jurisdiction

But Your Honor that raises another question

I have never heard of such a thing as a criminal action under statutory jurisdiction and there is no such jurisdiction established in the Constitution

I would be happy to accept this, Your Honor, if you could please tell me where I can find the published rules of criminal procedure under a statutory jurisdiction and where this nature and cause jurisdiction information exists

It is imperative that I have the published rules of procedure so that I may conduct a fair defense and a fair trial

Now keep in mind that the judge made up this jurisdiction

There is no granted authority for a statutory jurisdiction and no published rule

But do not expect him to tell you that

He must either lie, dismiss the case, or unlawfully enter a plea on your behalf

In rare cases he might even threaten you with contempt of court

If he threatens contempt, say Your honor, I do not wish to be held in contempt. I am simply trying to exercise my 6th amendment right that you disclose the nature and cause of the charges against me. I could provide court citations that show that the exercise of a Constitutional right cannot be converted into a crime

Please either identify the properly established jurisdiction, or I make a motion to dismiss this case against me

Also unlikely, but still possible, is that the judge will tell the truth when you ask under which criminal jurisdiction you are being tried, and will tell you that it is an Admiralty jurisdiction

If this happens, you would respond:

Thank you, Your Honor. Let the record of this court then show, that this court intends to proceed with a criminal action against me (your name here) as a condition of contract under an Admiralty jurisdiction as a military tribunal under article 1 section 8 clause 17

However, Your Honor, you must realize that you have no such jurisdiction without also having a valid international contract in dispute

I am not aware of entering in to an international contract, so I deny that any such contract exists. Will you please instruct the prosecuting attorney to inform this court that if there is such a contract and if so, to place it into evidence and explain how I am party to it, and compelled to perform under it

If the prosecution cannot do so, Your Honor, I make a motion that this case against me be dismissed

Of course if at any time your case is dismissed, make your pronouncement:

Thank you, Your Honor. Let the record of this court reflect that case number (your case number) against(your name here) has been dismissed

Now leave quietly and save your gloating for outside the courtroom. And if at any time you sense a good opportunity to make a motion for dismissal, make it. (Even if it wasn't part of your prepared script) You need to be flexible and jump on any opportunities that are presented to you

Lets say that the judge has had enough of your questions and decides to help you out, by entering a plea of not guilty on your behalf

Immediately object!!

Your Honor, I object

For you to enter a plea on my behalf is practicing law from the bench, because entering a plea is my job or my attorneys job

Has the court made a judicial determination that I am not guilty?

Now you've really trapped him

For him to say yes, he has admitted that you are not guilty

At this point state:

Thank you, Your Honor. Let the record of this court reflect that the judge has made a judicial determination, that I am not guilty of the charges against me

Therefore I make a motion that this case be dismissed because the judge has determined that I am not guilty

If he says no he has not made a judicial determination, make a motion that the plea be withdrawn and you be allowed to enter your own plea, once you know the nature and cause of the case pending against you

If the judge enters a plea of no contest, object, saying:

Your Honor, I object

For you to enter a plea on my behalf is practicing law from the bench, because entering a plea is my or my attorneys job

I make a motion that the plea be withdrawn. For you to make a judicial determination that I am entering a plea of no contest, would result in the court treating me as though I had pled guilty

The court is trying to constrain me to an unfair plea choice in the absence of my understanding the nature and cause of the charges against me

Or lets say that the judge instead gives you a continuance and demands that you obtain a licensed attorney

Ask, has the court made a judicial determination to deny me the right to defend myself and my own person and to force me into hiring a licensed attorney that will conspire with the court to try me under a secret jurisdiction, known only to the judge and the licensed attorney?

If you walk out of this hearing without a dismissal, go to step two

Pretrial motions

You should ask for a motions hearing, or you can ask to have the motions heard at the beginning of the trial

However, to ask for a motions hearing shows the judge that you are not willing to be railroaded so easily

Tell him that you must resolve some pivotal key issues in order to continue and that these motions must be heard prior to a trial

At a motion(s) hearing you cannot be found guilty but the case can be dismissed

Either way, when the motions are heard, they must each stand on their own and be heard and ruled on separately from the rest

Don't just hand over five motions and let the judge say all are overruled

Make him rule on each one individually..


This is for informational purposes only

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