This was retreived via the Internet in the "90s" though it is no longer known from where, or by whom it was created.
Therefore, though presented here, it specifically remains the intellectual property of whomsoever created it.
This party, obviously caught in the "Christian" aspect, is still a viable present. It addresses abatement, which is a powerful tool which can still be used in any court.
ABATEMENTS - CITIZENS COURSE 1
INTRODUCTION
In questions of law, jurisdiction, venue, and many other, most Americans today, are ignorant (not stupid) of what's going on. This ignorance makes us slaves to courts, process, and court procedures that makes it easy for governments to gain convictions, impose jail sentences, and levy enormous fines against the people, without worrying about real Constitutional protections. Do Federal, State, County, and City governments reveal that:
- Applications for Driver's Licenses, Registration, License Plates, building permits, business licenses, etc., are nothing but unconscionable contracts that subject the people to foreign courts under Emergency Powers amounting to Martial Rule?
- That signing such applications is purely voluntary, or that, one can do these normal activities, WITHOUT such applications?
- That such applications are in fact, for benefits, privileges, and opportunities, that justify denial of Constitutional Rights we were born with?
- That the people cannot acquire true or custodial title to any property purchased under such applications?
- That hiring an attorney-at-law denies us access to procedures that can mean our freedom?
The answer to these questions is, of course, no! The reason the people are never told - openly - is, Federal, State, County, and City governments would lose tens of billions of dollars every month, if these governments were required to make full disclosure on all such applications. Besides, ignorance of the law is no excuse, as they say. We are not saying that we are victims of a conspiracy because, all anyone needs to know about this legalistic fraud -- is found in the public record -- if you know where to look for it. In short, it isn't hidden under a rock somewhere. The point is, Americans are ignorant of what law and lawful procedure is, and this ignorance costs people their lives, liberty, and property, unjustly, on a scale unheard of in this nation.
The solution is obvious. Teach the people real law, lawful process and procedure, such that, they can defend themselves at-law and protect their lives, liberty, and property.
If the people learn the basics, emergency powers and martial rule government profits will disappear and these governments will be forced to return to real law and the Constitution.
This teaching will not be accomplished over-night, nor in one little book. Our object is, just to make a start, to show the people how to use processes that are already proven over the last year.
We begin with "Abatements as a Public Nuisance" for a variety of reasons, namely;
a. Abatements respond to the majority of emergency powers paperwork - head-on. Used properly, they can stop all actions filed by such governments -- before the case gets started.
b. Abatements are simple to understand.
c. Abatements have the power and effect of an Indictment and/or the filing of a civil case or suit.
d. Abatements unanswered, with Default filed, are Res Judicata, i.e., the Default is Final Judgment. The issue cannot be re-tried without violating the Fifth Amendment, double jeopardy clause.
e. To date, every properly filed Abatement has succeeded in stopping all martial rule government. actions where properly filed.
f. Abatements are very low in cost for those who can file their own paper, and costs seldom exceed the Process Server Fees.
g. Abatements properly filed are a Public Record of unlawful acts by governments and can be used to prosecute such entities, when lawful government is restored.
And last,
h. Abatements are a major tool in rolling back emergency powers and martial law governments.
In actions discussed here (filed in California), no plaintiff/demandant (Abatement filer) has ever made a court appearance. Entities against whom Abatements were filed, NEVER responded with a counter action except for an occasional apology for bothering an Abator. To date, Abatements have been used against the following:
- Federal District Court (3 times)
- Internal Revenue Service, (27 times)
- Bureau of Land Management,
- Dept. of the Interior,
- Dept. of Fish and Game,
- Dept. of Fire, (3 times)
- Dept. of Building and Safety,
- Dept. of Motor Vehicles, (11 times)
- California Employment Development Department,
- California State Board of Equalization,
- California Franchise Tax Board, (3 times)
- California Air Quality Management District (1 time)
Again, Abatements filed since January, 1995, against the above, HAVE SUCCESSFULLY STOPPED ALL FURTHER ACTION.
Abatements were followed by Default Notices to entities who had sufficient Notice, Time, Place, and Opportunity to respond.
The list of cases won, is composed only of those cases known to the authors, since they began publishing this information and the California Codes of 1872 (on computer floppy disc), hundreds of other such actions have been or are in the process of being filed.
The 1872 California Codes is the largest and most comprehensive codification of the common law ever done, and were the starting point for all actions filed. Since publication of the '72 Codes, many others have begun filing common law actions and experimenting with some very innovative processes and procedures.
The 1872 California Codes on floppy disc are available at: AC 805-256-4083, price, twenty-five dollars.
WHY ABATEMENTS WORK
To understand why abatements work, we must examine the general nature of Emergency Powers,{1} martial law, and martial rule,{2} to see how they operate and why.
Characteristics of Emergency Powers.
NOTE: The term `emergency powers' is generic. As used herein, it means any form of military style government, i.e., martial law, or martial rule. Martial law and martial rule are not the same as
will be made clearer, below.
First, nations declare emergency powers under the Doctrine of Necessity when a calamity (war, riots, rebellion, national collapse, etc.) occurs chat cannot be dealt with in a normal, peaceful manner.
This has been the normal manner of dealing with these emergency situations for the last several hundred years. Emergency powers are supposed to be only a TEMPORARY measure to deal with a crisis. When the crisis ends, the emergency powers are supposed to end.
In the U.S., emergency powers were declared by F.D. Roosevelt in 1933, supposedly to deal with a bank crisis that was in progress when he came to the Presidency.
In fact, the crisis was a figment of the bankers' imagination, but it suited Roosevelt's plan to seize control of the nation by and maintain it by Executive Order.
Congress returned from its annual recess and rubber-stamped Roosevelt's E.O.'s, and the Federal power grab began. From that day to the present, America has been under emergency powers and its people have been systematically exploited by Presidents and the Congress to maintain and justify the enormous growth in the power of the Federal government.
The States co-operated with the Federal government because they benefited, right down to the County level, from a massive increase in their tax revenues and powers.
Second, the area over which Emergency powers may be declared can cover part of a state (city or county), several states, or an entire nation as is the case, today.
Third, the single most dominant feature of all emergency powers government(s) is, UNLAWFUL civil authority and civil courts cease to exist and are replaced by courts with an appearance of legitimacy, but without the substance.{3}
Court process and procedures are a mix of rules from previous lawful courts and military courts. Traffic courses, for example, are courts of summary court martial using military rules as applied to civilians.
An example of this is seen when defining so-called "traffic infractions". Infraction is not defined in most state codes, but is defined in The Manual of Courts Martial (1994),{4} along with the terms "contempt" "appeal" etc. and in other military sources. This by itself, should tell us ALL something.
Fourth, emergency powers government(s) vary in the degree of emergency declared. The most extreme form is called Martial Law. The benign, less restrictive form is Martial Rule. Currently the U.S, is under the less restrictive form called, Martial Rule.
Martial law puts all major resources in an emergency powers area, i.e., transportation, food, minerals, metals, communications, etc., under the direct control of the nations' armed forces and its Commander-in-Chief (President).
In its raw sense, martial law governs via democracy, not a republic. 'Military law' uses municipal law. Courts are draped with quasi-civil (republican) forms of law, evidenced by draped military standards in court rooms, i.e., the gold-fringed flag of the United States, mounted on a pole.
Lawful civil authority never flies flags, only banners, which always hung from the back of the flag with the red and white stripes hanging vertically. Banners are never hung on a pole. Banners on a pole never represent civil authority, only military authority, on the march.{5}
Evidences of Emergency Powers.
First, under emergency powers, there must be an active and visible occupation of the land by armed troops of the entity that declares emergency powers. This is called "open and notorious, armed and hostile, occupation of the land."
Is there an armed occupation of America? The answer, of course, is, Yes!
Under the guise of national emergencies, (hurricanes, floods, earthquakes, etc.) all National Guard units were federalized and all policemen, firemen, highway patrol, state marshals, and county sheriffs were then placed under control of the Guard since 1972, they are all under the control of F.E.M.A., who is the cover for centralization of military and law enforcement powers under the Federal government and the Commander-in-Chief (President).
Though law enforcement officers may not know it, they are in fact, a force occupying the land for the Federal government. We the people are HELD HOSTAGE BY OUR OWN NEIGHBORS.
The reason why Active Duty, Federal Forces are stationed in all National Guard Armories, is obvious, to sustain the emergency powers control of the states and counties by the Federal government and maintain martial rule in the hands of the President as Commander-in-Chief.
By these means the Federal, martial rule, government maintains "open, notorious, and hostile, armed occupation of the land."
Second, military law only recognizes municipal law. So, states had to create municipal courts to punish 'infractions' of Motor Vehicle Codes. Such courts fly the FLAG of the Commander-in-Chief, (gold fringed flag) they are really an arm, or an extension of the power of the President. Their primary function, is to collect warreparations through fines, penalties, etc.. They all operate as quasi-military courts using summary court martial proceedings.
This is why such courts only try matters of fact and why judges make and declare law on a case by case basis, without the controls of precedent or constitutional restrictions. Municipal Court judges do this because they act for the Commander-in-Chief - in the field - under emergency conditions. Judges make any decision to resolve the case under Doctrines of Necessity. In such courts the constitution, Supreme Court decisions, and civil, state decisis, is not permitted.
Under emergency powers the final authority is always the chief military commander, which, in this nation is the Commander-in-Chief, i.e., the military office of the President of the United States.
This accounts for Executive Order snow storms since F.D.R., who first declared - openly - his seizure of Emergency Powers in March, 1933, again, by E.O.'s.
E.O.s have the force and effect of law when published in the Federal Register, and by this means they become "Public Policy".
Third, since under emergency powers there is no lawful, civil , or constitutional authority, nor any LAWFUL civil courts, neither can there be any lawful civil or administrative process. This is the key to understanding why Abatements work so well.
All emergency power process MUST BE DEFECTIVE in form, content, and authority when such process is compared to lawful process. And, defective as it is, it is valid in all cases - except when abated.
Thus, all court appearances are VOLUNTARY, because the Process Rule is; ALL DEFECTS OF PROCESS ARE CURED BY VOLUNTARY APPEARANCE. Lawful or constitutional process has no bearing on the case.
In other words, it does not matter how many errors one finds in process from emergency powers courts. If you appear, you inform the court that you have waved defects of process. Submission to defects in process waves the protection of fundamental rights.
Special Appearances
There are many who believe that special appearances (by paper work, motions, etc.) nullify a courts jurisdiction. Under emergency powers this is false doctrine.
There is no remedy in challenging a courts jurisdiction, except by abating its process, first. Abatements are not a challenge to a courts jurisdiction, merely a good faith attempt to correct errors in process, i.e., "clear up the errors, judge, and I'll appear."
Special appearances fail when a judge knows what he's doing. Under martial rule, judges do whatever they want, whenever they want so long as he does not alarm the public or disturb the peace.
Jurisdiction is always granted to try jurisdictional questions, even if one goes to higher courts. Defendants grant jurisdiction without knowing it, because they never challenge the process that creates the jurisdiction, in the first place. Process is perfected by appearance, special or otherwise, remember?
Also, remember, the court is not the building, the judge, or anyone else, its the paperwork. If the courts paperwork is defective there is no court and it ceases to exist.
By necessity, field officers (judges, highway patrol, sheriffs, etc.) exercise powers of life and death to maintain authority given them by International Law that prohibits lawful civil authority, or constitutional mandates, because such procedures are too timely and clumsy for military, or quasi-military, operations.
In sum, constitutional and common law precedents are too restrictive of Federal, State, County, and City power.
Further, military courts exercise "benefit of discussion" {6} that gives a court jurisdiction as soon as a Demandant answers a question or demands any response or action of a military court.
Arrest Warrants and procedures do not conform to Constitutional law because they don't have to if a defendant appears in person or by "special appearance" paperwork.
Arrest Warrants with a judge's signature (black ink) and proper affidavits with true court seals, are instruments of lawful process and cannot be used in emergency powers courts.
Federal, State, County, and City emergency powers courts and other entities manipulate the English grammar to protect their own International law status. Thus, a state either writes its name as The State of California, (instead of California State) or in caps (instead of proper upper and lower case), or uses abbreviations such as CA, TX, MT, KS, NY, NJ, and so on, ad nauseum, all of which are misnomers and no names at all.
Also, International Law requires that neither party to a case, the State and the person, can appear in their own name, but only under the nom de guerre (war name), as indicated by a name in all caps or one name with an abbreviation.
To remind Readers again, emergency powers courts have no lawful process because they have no lawful authority. All process by such courts is therefore defective because courts are forbidden to use lawful process, unless and until, voluntarily given to them.
The real irony is, the U.S. government, in cooperation with the States, created emergency powers courts to expand their power and increase revenue. But, by doing so, they've become vulnerable - to lawful process.
Further, there is little they can do about it now, without coming directly into conflict with International Law. This is why the United States government will never pull out of the United Nations, because the U.N. is the source of the United States' authority to protect itself under International Law.
The point is, one who brings properly written lawful process against unlawful process - must prevail.
A word of caution here.
Attorneys-at-law
One who hires an attorney-at-law cannot bring lawful process against an emergency powers court. Remember, attorneys are agents of the court and only use process allowed by the court that licensed the attorney to practice.{7} ALL bar members are agents of emergency powers courts. One must, therefore, never hire an attorney to appear on a case in an emergency powers court because, doing so makes one "non compos mentis", i.e., not mentally competent, and automatically gives the court jurisdiction over ones' self. {8}
To continue, Arrest Warrants with a judge's signature (black ink), Warrants with proper affidavits, and proper court seals, are lawful processes and cannot be used in emergency powers courts. That's why such warrants are never proper.
And, what about the Constitution of the United States of America in all this?
Basically, without lawful process or authority the Constitution is a dead letter, a facade, manipulated at the Federal governments whim because, lawful process itself is based on the Constitution and they are thus, inter-dependent. In short, if one is gone, so must they both be.
Lincoln set precedence for the subversion of the Constitution in The War Between the States in 1860.{9} The Federal governments use of the Constitution comes down to this; if Constitutional cites fit a Federal need, they are used. If the Constitution or precedent doesn't fit, it is ignored.
{10} In other words, the Constitution is optional.
This is why so many Supreme Court decisions ("Right to Privacy" cases, abortion rights, Social Security, etc.) for which there is no Constitutional precedent, are made. A social agenda is impossible without Doctrines of Necessity and International Law to justify the imposition of emergency powers, as a first priority.
Remember, there was no Federal Social Security before passage of the International Labor Organizations Treaty (1935). This Treaty mandated a social consciousness and enfranchisement of the masses. This process ended in the massive entitlements programs the people are burdened with today.
A hidden, Constitutional problem for Americans under emergency powers is, all Constitutional Rights become 'privileges' that can be given or taken away at whim, by necessity and International law.
Thus, in CALIFORNIA v. SIMPSON, when Mark Furman was called to testify about the infamous tapes, etc., he replied to all questions with: "I wish to assert my Fifth Amendment "PRIVILEGE." Note: Furman asserted no RIGHT - only a PRIVILEGE, using words given him by his attorney/agent of an emergency powers court.
Privileges, being removable at a Commander-in-Chiefs' whim, tells us why Congress feels so free to modify Constitutional Rights such as those in the Second Amendment, i.e., gun ownership, etc..
The remaining question is, how are emergency powers and martial law, or martial rule, terminated?
Emergency powers are terminated in only three ways.
One. A Commander-in-Chief can terminate emergencies by E.O.'s. The emergency then ends on a specific dace and time. But, a lawful civil authority must exist (U.N.?) to which he may cede authority.
Second, if conquered by another, the conquering power can terminate emergency powers by its own E.O., or decree.
This point deserves some expanded discussion for reason which will become clear, below.
Remember, the U.S. is, by International Law and Supreme Court decisions, a foreign principal with respect to the states.
Further, Title II of the United States Code, THE CONGRESS, is not, REPEAT NOT, positive law, only a Resolution.{11} This means that this Title stands only until it is successfully challenged in the courts. Why is this? Did not the Congress abandon without proper recess, its first Session during Lincoln's administration in 1860?
Does this not tell us why the U.S. flag flies over all state flags since F.D.R.'s E.O.'s, in September 9, 1933. And... is this not a sign of conquest over the states and the people when taken in conjunction with F.D.R.'s E.O. changes in the "Trading with the Enemy Act" (1917).
Third, the emergency can be terminated by the people if they restore lawful civil courts, processes, and procedures, and under authority of "inherent political powers" re-establish proper, civil and `de jure' government.
Abatements are a primary tool in achieving a peaceful, and lawful restoration of Godly authority to this nation.
By now, the Reader can see why abatements are one of the most important tools the people have. If the people lawfully resist any submission to emergency powers courts, process, and procedure, and respond to unlawful paperwork with lawful process, emergency powers are nullified, and become null and void, ab initio, nunc pro tunc.
A question that may occur to the Reader now is, if the people restore lawful process and procedure, how do they restore lawful authority in the courts???
The answer is, by re-forming lawful jural societies and use the remedies provident in the Bible, Christianity, common law, and assize courts/juries in conjunction with the grand jury, where necessary.
On the subject of Christianity, we cannot forget that it is STILL law and adopted as such by many states. In Old testament law we find not just our moral law, but Godly rules of restitution as well, and the standard of law on which the common law is based.
Common law grew out of English, medieval ecclesiastical courts, where the people had no access to the Kings' Bench. In the Christian churches the people found true justice based on the Bible.
Most importantly, Biblical common law connects the Bible with the Constitution of the United States of America.
A warning.
Federal, State, County, and City governments will not, repeat NOT, assist the people in restoring common law and the Constitution because it is not in their best interest to do so.
Why?
Because the entire system of welfare, income taxes, the codes, ordinances, rules, regulations, and bureaucracy, would cease to exist in very short order - within the States.
Let us now turn, to the Abatement process and examine its form and content and how its process is implemented.
To be continued