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Constitutional Challenges in Court Before Proceedings Start
Constitutional Challenges in Court Before Proceedings Start
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4. Requests for Admissions – Section 42, Exhibit 47E
A. Established Motions:
As stated in the previous section, we are Constitutionalists and require all
public servants, including judges, to abide by their oaths in the performance of
their official duties, including those before the court. This protects the American
Citizens from government and court abuse, if enforced. The previous challenges
are intended to stop any action before it gets to court. Those listed below are
intended to be stated or asked by the defendant in court prior to the start of
proceedings. They require “yes” or “no” responses; and you must hold the judge,
only, to these answers. If you allow him to evade and avoid answering as such,
then you, yourself, allow the judge to damage you, your lawful positions and the
Powers of and Rights guaranteed in the Constitution to you. As you can see,
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either a “yes” or “no” answer serves your interests, if you understand the
implications.
CHALLENGES IN COURT BEFORE PROCEEDINGS START
These statements and questions can be directed to the judge, for himself, the
prosecuting attorney and state witnesses, such as police, etc., and to each one,
individually. Not all of these need be made, so we state those which are most
appropriate for the circumstances. If both we and our opposition, including the
judge, fully understand the very serious, lawful positions and Constitutional
implications of the statements and questions, usually, only the first three are
needed for Constitutional justice to be served.
When the judge asks if the parties are ready to proceed, we say, “No, not
just yet, sir (or madam), I have a few matters I need to clarify before we
begin.” Then we make the statements we think most appropriate.
1. A. You and the prosecutor have taken oaths of office to support and
uphold the Constitution of the united States of America and that of this state.
Is that correct?
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.
B Pursuant to your oaths, you are required to abide by those oaths,
in the performance of your official duties, especially those before this
Honorable Court. Is that correct?
Note: If the judge, or the prosecuting attorney or other state witnesses say “no”,
then, obviously, they must be disqualified and/or removed from the bench, position
or impeached as witnesses, along with their testimonies, for obvious reasons. This
answer is evidence that the one who answered “no” will not abide by his oath in
the performance of his official duties, therefore, by his own answer, his oath is
meaningless to him. He is a traitor and a danger to the American People, and must
be removed from power.
All those who have taken oaths are required to answer “yes”. This answer is
consistent with the requirements under the oath, the bond which binds the oath and
requirements of the Constitutions. A “yes” answer means that ALL actions taken
by the public servant, PAST, PRESENT AND FUTURE must be consistent with
Constitutional requirements, specific to the Bill of Rights. If the public servant’s
past actions failed this, and if those actions are used in an action or as evidence
against the defendant, then those actions were not taken pursuant to his oath and
were done in opposition to Constitutional requirements. Therefore, the public
servant perjured his oath, invoked the self-executing Sections 3 and 4 of the 14th
Amendment, vacated his office, and forfeited all benefits of that former office,
including salary and pensions. All charges must be dismissed, with prejudice.
After this is stated, we wait a few seconds to look at the prosecutors and the
judge, then, we say:
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removed by our own direct and simple statements and the inability of the
opposition to object.
3. If we know, for certain, that the charges alleged against us are bogus, false
and not based upon lawful position of substance, then, we attempt to resolve the
issue with the motions discussed in this paragraph. Whether the matter before the
court is civil or criminal, the opposing party, by and through its attorney, is
required to verify that all information he presents to the court is true and correct to
the best of his knowledge and ability, and/or that the charges filed are supported by
oath or affirmation that they are valid. With these positions in mind, knowing that
the charges and complaints alleged against us are fraudulent and bogus, and further
knowing that the opposing attorneys have not verified the charges or affirmed them
by oath, we make the following verbal motion to the judge: “Sir, I move to
dismiss all charges and this case, with prejudice, since the charges and claims
alleged against me are fraudulent and bogus, without lawful merit.”
If the opposing attorney has read our entire case file, which consists of the
presumptive letter(s), affidavit(s), the affidavit(s) filed on the public record, and the
motions and challenges filed with the court, then, he should realize that
Constitutionally, lawfully and legally we have fully established and proven our
positions, while his positions are, at best, entirely weak and without lawful merit.
Further, if he truly understands that, from a lawful and legal position, he has not
met his requirements to verify the charges, and/or to present only truthful
information to the court, then, he may realize that he has not established his lawful
positions, and in fact, has no valid, lawful case against us. In such a situation, he
would likely remain silent and let the judge rule on our verbal motion to dismiss.
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The presiding judge has already affirmed, on the record, that he and the
opposing counsel have taken oaths and must abide by those oaths in the
performance of their official duties. Any competent, aware judge fully realizes that
the opposing attorney has not met his lawful requirements to verify the charges and
claims alleged against us or to authenticate his representations to the court. By this
time, the opposing counsel should also be aware of this. In order to abide by due
process of law and within the Constitutional mandates imposed upon the judge by
his oath, he and the court lack lawful authority to hear, entertain, adjudicate and
rule on false, bogus, unsupported charges. The opposing counsel should now
realize that he has no valid, lawful authority to file such charges with the court and
expect the court to rule upon them. Both the judge and the opposing counsel are
lawfully and Constitutionally defective, if they proceed in this matter, and both of
them, by now, should know it.
The judge will not require the opposing attorney to execute the affidavit, and
the attorney would be entirely reluctant, if the judge were to so require. Both of
them are caught in a no-win situation. In such circumstances, there is usually a
conference called amongst the parties and the judge, and the case is quickly
dismissed.
Note: A “no” answer carries the same conditions as above. A “yes” answer is
in compliance with Constitutional requirements for American Citizens and is
consistent with the “yes” answer to #1 above. Again, if we are fully aware of our
Rights and the conditions underlying the affirmative answer, we will prevail.
Remember: We bind the judge by his answer.
Note: A “no” answer is consistent with conditions stated above. A “yes” answer
confirms the conditions of the statement, including: (1) Right to a fair and impartial
trial; (2) unbiased and impartial judge; (3) a jury of my peers; (4) which jury
decides guilt or innocence.
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6. I am presumed innocent of all aspects of the alleged charges,
presumptions and assumptions in, by and of this court, unless proven guilty
by a well-informed jury of my peers, beyond a reasonable doubt, based solely
on verified evidence and proof. Is that correct?
Note: In this statement, by the judge’s answer, we are confirming the nature and
status of “proof”. It is highly unlikely that any judge will, on the public record,
answer “no” to this statement, since his answer would defy the very loudly
proclaimed concept of American justice, would defy due process of law, deny
Constitutional Rights and allow ‘opinion”, unsupported or otherwise, to be used as
“proof”.
When the judge answers “yes”, that will be consistent with the judge’s oath,
Constitutional requirements and his other “yes” answers. He will confirm the
statement, and the fact that opinion, verified or otherwise, is not proof. This is a
major position, a major lawful gain and benefit. Many “testimonies” by witnesses
are simply opinions, usually unsupported and unverified. The defendant can now
be assured that only verified and documented proof, and not opinion, from anyone,
can be used against him.
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Note: A “no” answer is consistent with conditions above stated. A “yes” answer
confirms ALL the conditions of the statement, due process of law, Constitutional
requirements, the judge’s oath, and assures that a jury of our peers will make its
verdict based solely on PROOF, not opinion, which absolutely confirms guilt,
without any questions, whatsoever.
Note: A “no” answer is consistent with conditions stated above. A “yes” answer
again confirms the status of “proof”, as different from opinion. Thus, any plaintiff,
(or opponent), prosecutor, or witness MUST have verified proof, as described, and
not opinion to support his statements. This is of vital importance to American
Citizens. Therefore, “proof” by the prosecutor and testimony of witnesses is only
opinion, unless it is supported as above stated, and if not, it is meaningless,
frivolous, without lawful and legal weight; thus, is null and void and not accepted
by the court as proof of anything, including guilt.
Note: A “no” answer is consistent with above conditions. If the judge were to
answer “no”, he is essentially saying, on the public record, that it is possible for a
defendant to have a fair trial, even though he, the judge, the prosecutor and the
state witnesses all work for and are paid by our opponent, and that all the so-called
“evidence” against the defendant was obtained from sources paid by the state,
again, the very same opponent. Even the most avowed critic can see through this
fraud and blatant conflict of interest.
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A “yes” answer confirms the conditions of the statement, and conclusively
demonstrates that a presiding judge recognizes, on the public record, that the
referenced court conditions are not fair, not partial, and, as such, unconstitutional.
This is a major Constitutional and lawful victory for the people, with far reaching
implications.
Note: By prior “yes” answers, it has been established that the defendant is
presumed innocent of all assumptions and presumptions of the court. Jurisdiction
is both an assumption and presumption of the court, of which the defendant is
presumed innocent and to which he is not subject. The defendant challenged the
jurisdiction of the court, which the plaintiff failed to prove, on the record.
Therefore, since the defendant is presumed innocent of jurisdiction, has challenged
jurisdiction, which the plaintiff has failed to prove, on the record, the court lacks
jurisdiction. Since jurisdiction does not exist, the court cannot lawfully proceed,
thus, charges must be dismissed, with prejudice.
If the judge were to deny this lawful position and insist that “his” court
has jurisdiction, without plaintiff having factually and lawfully proven it, on
the record, the following could be stated:
“Since the judge has stated that this court conforms to all Constitutional
requirements, then, this court conforms to the Bill of Rights, Article III of the
federal Constitution and to due process of law. Jurisdiction is directly related to
the foregoing, is an aspect of the charges, and a presumption of this court, of which
the defendant is presumed innocent and not subject; yet the court has not held
plaintiff to its requirement to prove jurisdiction, on the record. Thus, this court
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defies Constitutional requirements, due process of law, federal and Supreme Court
rulings, therefore, forfeits any “perceived jurisdiction”, has no Constitutional
authority to hear this case, and this case must be dismissed, with prejudice, or the
presiding judge, pursuant to his oath, perjures that oath, commits insurrection and
sedition against the Constitution, on the public record, and treason against the
American People.
Note: Since the jury swears an oath and is required to abide by that oath, it is
obvious that a “yes” answer is required. The Constitutional and lawful position
here is that the jury must abide by its oath in making its verdict. If it fails to do so,
then the jury perjures its oath, its actions and its verdict are unconstitutional, and
the jury verdict null and void, without lawful force or effect, whatsoever. Just as a
public servant is required to abide by his oath in the performance of his official
duties, so is the jury. However, the People must know and demand their Rights, or
they have none.
B. If the jury, pursuant to its oath, makes its verdict in perjury of its oath or in
opposition or contradiction to the Constitutions and the Rights guaranteed therein
to American Citizens, or based in false information and fraud, that verdict is
plainly unconstitutional, thus, null and void, frivolous, and without force or effect,
whatsoever. Is that correct?
Note: Answer given in previous note. Further, pursuant to oaths taken, any jury
verdict based, either in whole or in part, in fraud, deception, manipulation, lies or
false information is null and void.
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If the judge were to say that this is not correct, then we, as defendants,
would inform him, pursuant to his oath and pursuant to his preceding “yes”
answers, why his response is not only incorrect, but unconstitutional and unlawful.
Further, we would inform him that he has no Constitutional authority to deny, on
the record, the very Constitution to which he is bound by oath and bond, and to
which the jury swore an oath. Further, he has no Constitutional authority to exceed
his limited, Constitutionally delegated authority, or to step outside that authority.
It is obvious that the judge is not a higher authority than the Constitutions,
therefore, he cannot overrule them.
If the judge were to insist that the jury verdict, even when based in fraud,
etc., as above described, is valid, we would remind him of his first “yes” answer to
statement #1, in which he is required to conduct his professional duties pursuant to
his oath, as is the jury also required. We would then remind the judge of his other
“yes” answers, in which he confirmed, including, but not limited to, the
Constitutional duties of the court. His response is made in contradiction to his
oath, as is the jury’s verdict, thus, both are unlawful, unconstitutional, without
force or effect, whatsoever, and not binding in a Constitutionally compliant court,
which the judge stated, on the record, is the status of this court.
At this point, we would move for immediate dismissal of all charges and this
case, with prejudice, for, including, but not limited to, lack of jurisdiction, lack of
Constitutional authority, defiance of the federal and state Constitutions, denial of
due process, perjury of oath, insurrection and sedition against the Constitution, and
treason against the American People, in the instant case, the defendant.
We would then, again, move for dismissal of all charges and the case, with
prejudice, based upon previously stated grounds, and further include the fact that
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the judge would permit an unconstitutional verdict by a lawless, unconstitutional
jury not of our peers. The Constitutions guarantee us a jury of our peers, yet this
judge denies this Constitutionally guaranteed Right to us. Pursuant to his oath, he
has no Constitutional authority to overrule the very same Constitution to which he
swore an oath, and, further, is not a higher authority than the Constitution. If the
judge were to remain firm, we would again inform him that, by his own actions
and responses, he committed insurrection, sedition and treason against the
American People, is a traitor to this Nation and its People, and must be removed
from the bench for his treason. We will immediately file criminal and civil charges
against him, personally, and in his professional capacity, and take action against
him in an Article III federal court, which we will demand, by Motion.
1. Are you aware that the Constitution of the united States of America, to
which you swore an oath when you were initiated into jury duty, is the Supreme
Law of the Land – the Highest Authority in this Nation - and that as such, no other
law, statute, rule or ordinance can supersede it, and no other authority, including
the Supreme Courts, federal and state, any judge, prosecutor, district attorney,
attorney general or other public officer, can be a higher authority than the
Constitution?
2. Are you aware that the Constitution is the foundation of all forms of
American government, including the courts, and that it LIMITS the power of
government to take away any of the People’s inherent Sovereign Rights?
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(c) If you do so, will you make your verdict in this trial in strict
compliance with Constitutional due process of law and uphold all Constitutionally
guaranteed Rights of the Defendant?
4. Pursuant to your oath, is there anyone on this jury who will not abide
by his/her oath in the performance of his official duties, including, but not limited
to, jury deliberations and reaching jury verdict?
5. Are there any jury members who believe and will abide by the belief
that the government is superior to the People and that government is Sovereign in
this Nation, and that the People are required to obey the government in all
situations, no matter how unlawful and unconstitutional that government or its
actions may be?
6. Are there any members on this jury who are lawyers, government
officers, or work for any form of any government, in any capacity, or are employed
by corporations or companies that work for government?
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