HELP
INITIAL CHALLENGE
Dear Officer notice
Affidavit of truth
Offer of proof

motion to dismiss

 

 

 

Let's get started;

DISCLAIMER

The Knowledge and opinions expressed here, as with all Writings by William Duff, are freely shared from my private domain to your private domain.  Due to the lawlessness now existing in our government, I make no warranty that using them in the courts or otherwise will result in the success that I claim should attend.  The preservation of freedom, in this social environment,  through the fight to retain our Rights to our Lives, Liberty and Property is an individual risk and all that seek it must choose for themselves the level of risk they are willing to endure.  As such, this material, though it should pose no additional risk under the protection of the American rule of law (the supreme law of the land), in fact, does pose such risk due to the willful disregard for individual rights now existing in this society.  When you use this information you do so at your own risk and in exactly the same manner as when you go into public where you must assume the risk that another member of this society may harm you or you them, whether intentionally or by accident. wdd

 

In order to apply all that you have learned on this site you must effectively establish certain material facts.  These facts are consistent and have the exact same force and effect on every action taken by The federal, state and local governments respecting attempted restraint of your Life, Liberty and property Rights as it exists in or used according to your own domain and in your private capacity.  Some examples are: Federal and State Income tax; All Licenses, All Administrative rules concerning your use of your property; All General Welfare assertions i.e. drugs, traveling on the public right of way, marriage, birth, building and zoning standards, etc. all of which attempt to reach into your private domain and compel or prohibit an action.  In this respect, the documents and assertions presented here form a reasonable boiler plate that establishes the foundation upon which you could challenge the competency of the Gov'ts to act against you.  

Remember this;  All Jurisdiction implies superiority.  Thus, every action of compulsion or prohibition, asserted by a Gov't entity must have, as a prerequisite, a sovereign authority or the action is unlawful for being in opposition to the constitutional mandate.  As such, those powers granted to the Fed. establish a position of superiority within the limits of the grant.  Same for the State and local gov'ts.  One of the problems we find our selves dealing with is that the Fed has declared that we all are primarily U.S. citizens as comprehended by the 14th Amendment and the courts, both fed and state are rubber stamping this declaration by deciding all cases and controversies according to that citizenship status.  The problem is that the declaration has the adverse effect of altering the nature of citizenship in America.  You can prove that to yourself by researching the "selective incorporation doctrine" as created and maintained by the Federal Supreme Court.   Once you have proven to yourself that this citizenship status has an adverse effect on your retained rights it will be a short thought process to the recognition that the declaration was all done through representatives of the people whether by decree, enactment or judicial decision and such instrumentalities have no superiority of power respecting your domain, where only you possess the sole and exclusive Sovereign authority over all your rights retained and not ceded to the society...... i.e. Life, Liberty and property.  This must be true because only you could have consented to any alteration of your dominion over your domain and your representative to gov't was not and could not have been empowered to do that for you.  As such, you will need to correct the gov't entity respecting your citizenship status when you are confronted by their attempt to regulate you.

Correcting Your citizenship status is as simple as filing an affidavit of truth of citizenship status in the court upon any case of compulsion or prohibition the gov't has asserted against you. If you possess the birthright, if you were born among the several states of America, you possess the sovereignty over your domain and your affidavit should include that assertion.  This is one such material fact.

When you are confronted with an attempt to intrude upon your domain you need to inform whoever is asserting the authority of their error.  I do that by handing them notice of their error.  I call it a Dear Law enforcement letter.  Its purpose is to give the agent fair warning that their determination is in error.  You can expect the agent to ignore this warning but that is irrelevant.  What you have then done is to challenge the administrative determination by the agent and put the duty to appeal back on them as you have no duty to further their case.  The benefit to you for this action is that if the Administration fails to convene an administrative hearing to reach a final determination in comprehension of your challenge it has lost its cause of action and you should move the court for dismissal based on due process defects, failure of the Administration to exhaust its administrative remedies and for bringing to the court a case that the court has no jurisdiction to provide remedy.

Now you have done your due diligence and your case is set up correctly assuming you have filed all such documents prior to arraignment.  You have filed your affidavit of truth in the court.  You have noticed the agent of the errant determination and you have filed your motion to dismiss in the court.  Your position in the case is strong.

Notice that your motion to dismiss contains much more than just the administrative language discussed above.  It is important to claim all of your remedies at the earliest possible time.  That time is in your initial filings with the court clerk prior to arraignment.  You must declare that the statute/code/ordinance is unconstitutional as applied, you must demand jury of your peers, you must demand a court of record hear the case, etc.  All should be incorporated in your motion to dismiss or memorandum of law/suggestions in support.

Once you have gotten this far, assuming your in a municipal court, the judge is likely to ignore it all and find you guilty anyway...... don't be concerned it is an administrative court and has no real effect on the issues..... demand a De Novo appeal...... which will take you into a constitutional court and re-file all your documents there.

This will get you started and put you on the correct path to effectively challenge cases that diminish your dominion over your domain.  I will add more as I get time.  Don't be afraid to email me for answers to your questions or to assist you in other ways.

 

CUSTOM ASSISTANCE

IF YOU DON'T FEEL COMFORTABLE PUTTING THIS DEFENSE TOGETHER YOURSELF:

I would  assist any, who wish it, by preparing the documents for specific circumstances the content of which will address the necessary elements of this defense.

The cost for all such assistance will be $35 per man hour with a minimum of 10 man hours per action prepaid.  I will need all documents or copies of such pertinent to the action.  Documents can be scanned and emailed.

Payment can be made by any private mail system or by www.paypal.com payable to williamduff@kcm.com