A couple weeks ago I went to the Madison County Courthouse in Virginia City to check public records on the missionary case as I have been doing the last two months since finding out about their wrongful arrest.
I requested any new documents filed on the case, looking for anything new to write about; anything interesting or helpful for a new story.
My name appeared in one of the motions filed by the new assistant attorney general, Thorin Geist. I was listed as a witness who the state may call.
First off, I would be honored to testify on the behalf of these 4 missionaries who I have gotten to know in this short period of time, who I consider to be brothers and sister in Christ. But for the state!?
I have testified in multiple cases over the years; more than I can count or remember. I have always been a defense witness, never a prosecution witness. Prosecutors have always considered me a hostile witness because of my firm position supporting nullification of bad and corrupt laws. I believe in the right of jury nullification.
I'm looking forward to testifying. Looking forward for the chance to expose what I've learned about the corruption in the Madison County Sheriff's department; the cover up of rape by one of their own officers, deputy Clay Garrison, who never was charged but was finally fired just recently for sexual harassment; two other officers who live together as common law husband and wife but still inappropriately work on the same cases (Alex Winn and Leah Cox). What is the newest elected sheriff going to do what this?
Madison County has had a history of corruption and cover up of corruption within, this is just the beginning.
Will Thorin Geist and David Buchler be complicit in this corruption, knowing the Sheriff's department has been compromised by corruption within?
What I can testify to is that after I bailed the missionaries out, on Nov.16th 2022 I called Sergeant Winn, trying to get property back that had been stolen by Sgt. Winn and other deputies. I asked where I could come pick up Eric Trent's phone. Alex Winn told me the sheriff's department didn't return the property back of guilty people. I asked him to repeat that....didn't he mean innocent until proven guilty? He repeated himself and said they didn't give people who had assaulted someone their property back. Eric Trent's phone was tracked for several days after riding in Winn's truck before finally ending up in Virginia City and has yet to be returned.
Deputy Dan Wyatt think its funny that "the F###### 12 year old can go to CPS "
Robbie the Game Warden and Deputy Winn laugh at them being evangelists, and Tim Jurgonski takes 12 year old Josiah back to Brad Terrell's business and leaves him unattended in a sherriff vehicle for over 10 minutes while he's in talking to the man who just attacked his dad.
Dan Wyatt "If you can walk across America together, you can go to jail together".
I can't wait to testify!
But what Thorin Geist is actually doing is using a technicality trying to keep me from helping or supporting these missionaries. (They are being threatened, that if they talk to me they could have additional charges added of tampering with a witness). Thorin knows my record in helping innocent individuals escape from corrupt government charges such as 78 year old veteran, Joe Robertson, who Montana allowed to be put in prison. His crime: digging a pond on his own property.
Only a tyrant would attempt to put innocent people in prison.
Michael Bronson, left, and John Lamb who had been listed as defense witness, at the Lloyd George U.S. Courthouse in Las Vegas Monday, Jan. 8, 2017, after a federal judge dismissed the case with prejudice after prosecutors were found guilty of Brady violations.
3 COMMENTS
When I first heard about this horrifying story of what happened to these traveling missionaries, I was completely shocked and upset. I haven’t heard or read anything lately but I sure would like to. If there is anything I can do to help or support this family, please let me know. It’s horrific how they were treated and quite embarrassing for the state of Montana to allow such corruption. The sheriffs department is complicit and down right evil, along with the MT residents who started it all.
Dwane Kirkland
Article VI Supreme Law
Clause 2 Supremacy Clause
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. https://www.youtube.com/watch?v=SlJa2XWa7KI
************* Discovery ************
hard to believe? ************* Discovery ************
hard to believe? https://www.nytimes.com/video/opinion/100000007171122/protests-constitutional-rights.html
So therefore when the cops enforce illegal conflicting laws are a conflict with the supreme law of the land and all judges and lawyers attorneys and cops and government must not enforce and do what’s right. ????? so it appears???? so they must uphold all the things written in the iron clad contract/ the Constitutional contract/ there is no laws that can supersede the Constitution simple right ?????
Opening statement from the front lines.
1/ We must teach the government and the cops lawyers judges attorneys , that violating the bill of rights and dishonoring the oath is a crime, we must focus on making sure that cops lawyers judges and attorneys and government know the real laws v the fake laws made by legislative fiat and rules regulations that are in conflict with the real law the iron clad contract that all has swearer to honor and protect.
2/We need to teach the basic civic of the nation’s history and the three branches of power that is ignored. We need to stop the courts holding back two or more witnesses allowed during a lower inferior court process that is operating under the color of law and expose the high felony treason of the robbery of the masses the people we the people one of the people.
3/ We must make sur all understand that there is no crime unless there is a victim or property damage or a violation against the Constitutional contract, pertaining to the bill of rights and ours and yours as a American citizens fundamental principles and amendment provisions and articles and declaration of rights at all levels.
4/ We must restore enforce the enumerated power to the government and its original contract.
5/To the American citizens from our office the bill of rights offices across the nation overwatch for the masses and the nation as a whole, Dwane Kirkland UCC 1-207 w/o prejudice/ 14798803369 po box 32 London Arkansas 72847/ for full reports just call.
9/22/2022 3:24:20 PM
violating and committing crimes against the American citizens rights they who swearer under oath to protect, ignorant violators in there compacity of their powers granted to them under the 10th amendment, at least make them have some basic bill of rights classes, know the civic of the 11th grade and know their oath of office and have it ready to show they swearer to it and understand it.
This will save the nation from all enemies within and foreign. And hold the nation together for another two 50 years +
title 18 US suprema law of the land 241 242 operating under the color of law, what else fishing to create a crime under the color of law. violating the supreme law of the land article 6 p. 2. enforcing repugnant laws and unconstitutional legislative fiat pursuant to fraud, and acting as enemies within the nation’s sisters’ states need to be put back in harmony/
read the bill of rights and know it and teach it. Bill of rights in the public domain that for all sister state in harmony and all powers. https://youtu.be/31zRfrGU0P4
*Argument to defend the victims from the law enforcement when they violate the bill of rights at all or any compacity.
{Owen V Independence 100 vol. Supreme court reports. 1398 (1982)- Main V Thiboutot 100 vol. supreme court reports. 2502(1982)-officers have no immunity when violating Constitutional rights, from liability. Title 42 US Code Sec. 1983, Sec.
1985, and Sec. 1986 say the plaintiff can sue anyone who violates the Constitutional provisions. Case Byars V United States
273 US Supreme Court rulings 28- Encroachment. Miranda V Arizona 384 US 436-says no rule or law by legislation which would abrogate or abolish any Constitutional right provisions-
{All delegated power’s} {Under the 10th Amendment of the United States of America} all violations {Attach all writ of assist- coupon- bill of attainder-direct Tax} all pertaining to {violating Article 1 Sections 9, and 10 US Constitution} {Title 18, U.S. Code Sec. 2381- if they fail to protect Constitution, they are subject to the charge count 1- felony treason}
Case law Murdock V. Penn. 319 U.S. 105: (1943)-state may not impose a charge for enjoyment of a right by the beneficiary of contract. {Count 2 title 18 US code sect 241,242: if upon conviction the violator is subject to a $10,000 fine, ten years in jail, or both and if theft result, life in prison}
Any question please contact me or the victims in this matter to share the discovery and video and all evidence collected, thank you.
https://www.youtube.com/watch?v=20RoAfflGCM
The most important thing I can share is this, read the supreme law of the land and pay attention to the last paragraph that people failure to finish reading in motion or disposition or on the record or as evidence/ This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
https://officerkirkland.wixsite.com/website/about
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
‹ Third Amendment up Fifth Amendment ›
Citizen's arrest
A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.Wikipedia
8/28/2023 5:42:33 PM
Well, the fact of the matter on a appeal the attorneys should be listed and there firms and a criminal complaint should be files and an objection on the Constitutional violation of the oath on the record .
Attorneys and judges and police officers all who was the wrongdoers in a collusion and operating under the color of law,
now listed as defendants, and to take their paper and effects. Bank accounts house cars monies account abroad, and even their wife and children’s accounts.
They the violators have no Constitutional protections of their lcc and their operating under the color of law. \\ courts corporations institution city’s town counties have no rights they are government,
the rights were made to protect the American citizens from encroachment and infringement and overreach of authority. All protections under the contract are for the American citizens not the government when they are at their government compacity.
They have committed high felony treason and should be brought to the military lawyers and military component tribune courts for breaking our laws in there compacity of granted authority,
under the contract that clearly violated the basic fundamental principles and amendments provisions articles declarations of rights down, when they are a government institution that are under the oath at all levels.
but based on their action operating under the color of law. and they should be dissolved, and the institution franchise be dissolved for public act violations and insurance coverage violations of civil rights and Constitutional merits.
Not to mention the attorneys and judges’ lawyers have equity involved in the matter, the judge has a conflicting issue of equity of making money across the bench in the matter. It is in order to file Q warranto and to dissolve them all court town city town county, and sate if necessary.
A warning should be filed for a Q warranto and appoint trustee and the state attorney general to be appointed to dissolve them all.
Mr Kirkland
Give this to your attorney and have him give one of these.
7/22/2023 9:21:10 PM
short read/ best weapon /Discovery / all states in harmony/ very lucrative if applied in a timely manner for any compacity of violations of the equal protections of the law. Fundamental principles amendments provisions articles declarations of rights, at all levels state and federal.
Pulling City Franchise A writ of Quo Warranto. Now this doesn‟t look like much, but let me tell you something. What we‟re talking about doing here…See, most cities, at least in the state of Michigan, are by public act 230 public acts or public act 287 public acts, and in every one of them there is a rights and powers section…usually it‟s recorded at 2.2 or 3.1, and it basically says “Subject to the constitution of the United States and the general laws of the state of Michigan, the City of or the township of has rights 35 and powers too.
Then it starts listing the powers: The right to have a police department, the right to have a fire department, the right to have a city hall…and it starts listing all these powers. The antithesis to the argument is that if they‟re not in the constitution of the United States and the general laws of the state of Michigan then they don‟t have any rights and powers. In other words they are in violation of their corporate charter; their franchise.
They promised that they would be within the constitution of the United States and the general laws of the state of Michigan. Now a lot of people don‟t understand the power of this argument, so I want to really push this one home. I want you to understand. Whenever these little townships and cities start acting like King Farouke like you don‟t matter and they don‟t have to listen to you, this is what I want you to do:
You ask them this question: Are you violating my constitutionally protected civil rights by however you claim they are. Because if you are, you have just waived your right to be the city of. They will laugh at you for a little bit, then you explain to them public act 230 of Public Acts which states the rights and powers section of the constitution of the United States and the general laws of Michigan. You have rights and powers.
The antithesis of that is that if you are not going to be within the constitution of the United States and the general laws of the state of Michigan, and you‟re going to violate my constitutional rights and trample my rights, what we are going to do here is go for a writ of mandamus and Quo Warranto. (That‟s the legal term). It is an ancient law that goes way back to England in the ancient times. Basically here is the judgment and the action for it.
You put down here the case. “The case came on regularly for trial before the honorable (_____) on jury trial or non jury, on the date of _____. ______counsel and ____ opposing counsel. The court heard the testimony and examined the proofs offered by the parties. The court considered itself fully advised on the premise and filed in its findings of fact and conclusions of law, and directed that judgments be entered in accordance with such findings.
Which means that they figured out they violated your constitutional rights, they didn‟t have the right to violate your constitutional rights, and in the hearing you showed they violated your constitutional rights, and the judge figured out they violated you constitutional rights. So now for your prayer for relief we‟re going to get this Quo Warranto. And that‟s exactly what happened with Dr Kevorkian. 36 Notice he was in jail and they were hammering the tail out of him. The next thing you know everything got real quiet.
The next thing you know they‟re letting him go, and they were minding their business. This is how it happened. It is therefore ordered and adjudged and decreed Defendant Corporation the city of _______has violated provisions of the act under which it was created, and also has violated provisions of public act 230 Public Acts sec. 2.2 rights and powers section…In other words they didn‟t uphold the constitution of the United States and the general laws of the state of Michigan. Defendant Corporation the city of ____accordingly has forfeited its charter and has become liable to be dissolved by the abuse of its power. How much money are we talking about here? Nine decimal points plus, wouldn‟t you think? Now do you think they are going to bother some little doctor when they‟re looking at shutting down a major city?
What do you think is going to happen? Everything is going to get quiet and they are going to let the doctor go. Same thing for you. Now, Defendant corporation _____ now therefore is dissolved, and the corporate rights and privileges of franchise of defendants are declared forfeited to the people. Defendant corporation ______‟s trustees, directors, officials, and other officers, attorneys, and agents are forever restrained and enjoined from exercising any of the franchise corporate rights and/or privileges previously exercised by said defendant city, and from collecting or receiving any debts and/or demands belonging to or held by defendant city, and from paying out or in any manner interfering with transferring or delivering to any person any of the deposits, money, securities, property and affects of the defendant city or held by it.
You name a trustee, which the state would do…probably the state attorney general...after your complaint is filed is appointed receiver of all the property, real and personal, things in action and affects of defendant city corporation held by investment by defendants or in or to which defendant may be in any wise interested or entitled to. Plaintiff…the people of the state of whatever… shall recover of defendant corporation city of ____, the sum of (damages real and personal).
They don‟t like it when you do that…cause you can go a hundred million three times that amount in punitive damages they get a little upset. As costs and dispersements of this action and the receivers is directed to pay the sum out of their pocket to whoever the attorney general stipulated there as an injured party. You can put down there “the honorable judge so-and-so presiding (date entered), and he signs that, the city is no longer a city.
When they violate your constitution, this is one of the most powerful tools that you can use. And when you jam this on you better wear a bullet proof vest to court, cause you‟re probably going to get shot at by the time you get home…But it‟s nice to threaten. Just drop one 37 of them in the mail and tell them If I don‟t get reasonable cause for my action in the near future, you‟re going to get one of these in the mail for real. Here is the summons for Quo Warranto.
This is for the start of the thing. Summons, form 41. By the way you can get this from 21 Am Juris practical forms and practice. Alright, you name the party, you put down who you are…The people of the state of Michigan v, you are summoned to appear before _____ court on such and such a date, to show by what authority you claim to have use and/or enjoy rights and liberty and franchise (namely the corporations city of) set out and complained of in such and such a time summons and further to do and receive all things which the court shall then order concerning you. This is kinda like pulling their driver‟s license for drunk driving.
Now that‟s an over simplification, but sometimes these city halls operate like a drunken sailor, and the think they can abuse citizen‟s rights, and trash them…”You know who I am?” “No, and I don‟t care…” You know who I‟m…I‟m your boss…I‟m the people. You‟re elected to work for me…And I‟m trying to be nice. So I‟d appreciate it if you‟d just…we can just sit down and work this out. But if we can‟t work this out, I‟m gonna sock it to ya, baby. And that‟s basically how I feel about it.
Now we can get into some of these other things… In the constitution of the state of Michigan…the latest and greatest…the very first thing they talk about…Notice it says section one…”All political power is inherent in the people. Government is instituted for their equal benefit, security and protection. Equal protection in discrimination. “No person shall be denied equal protection under the law. Nor shall any person be denied of the enjoyment of their civil or political rights, or be discriminated against in the exercise thereof because of religion, race, or national origin. The legislature shall implement this section by appropriate legislation.
Then they go down through all these…freedom of worship, etc. This is what we‟re talking about here folks. You know your rights…You got „em…You don‟t know „em…You don‟t got „em. Get back into police powers generally. This is something you gotta understand. Generally the police power is the exercise of the sovereign right of the government to promote order, safety and health and morals, and the general welfare of the society within constitutional limits. Generally the police powers is the exercise of the sovereign of the government to promote order, safety, health and morals and the general welfare of the society within constitutional limits.
As otherwise stated the police power of the state is a power or organization of a system of regulations to 38 foster the health, order, and comfort of the people, and to prevent and/or punish injuries and offences to the public. But it has to be within constitutional limitations, and it embraces all the rules for the protection of life, liberty, and property.
*************************************** An impartial adviser, often voluntary, to a court of law in a particular case. "He was planning to advance this position in an amicus brief" In the sign of partnership begins with a drop of awareness about the nature of the arrangement. Most relationships are run by unspoken rules buzzing below the level of consciousness. It often takes a breach of those rules to be aware of them in the first place. So, welcome the breach. It's where discovery begins. https://gospelstudy.us/the-power-of-the-advocate/# Mr. Kirkland ***************************************************************************************************
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Duane Kirkland @ 08-28-2023 7:36 PM
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Article VI Supreme Law
Clause 2 Supremacy Clause
This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding. https://www.youtube.com/watch?v=SlJa2XWa7KI
************* Discovery ************
hard to believe? ************* Discovery ************
hard to believe? https://www.nytimes.com/video/opinion/100000007171122/protests-constitutional-rights.html
So therefore when the cops enforce illegal conflicting laws are a conflict with the supreme law of the land and all judges and lawyers attorneys and cops and government must not enforce and do what’s right. ????? so it appears???? so they must uphold all the things written in the iron clad contract/ the Constitutional contract/ there is no laws that can supersede the Constitution simple right ?????
Opening statement from the front lines.
1/ We must teach the government and the cops lawyers judges attorneys , that violating the bill of rights and dishonoring the oath is a crime, we must focus on making sure that cops lawyers judges and attorneys and government know the real laws v the fake laws made by legislative fiat and rules regulations that are in conflict with the real law the iron clad contract that all has swearer to honor and protect.
2/We need to teach the basic civic of the nation’s history and the three branches of power that is ignored. We need to stop the courts holding back two or more witnesses allowed during a lower inferior court process that is operating under the color of law and expose the high felony treason of the robbery of the masses the people we the people one of the people.
3/ We must make sur all understand that there is no crime unless there is a victim or property damage or a violation against the Constitutional contract, pertaining to the bill of rights and ours and yours as a American citizens fundamental principles and amendment provisions and articles and declaration of rights at all levels.
4/ We must restore enforce the enumerated power to the government and its original contract.
5/To the American citizens from our office the bill of rights offices across the nation overwatch for the masses and the nation as a whole, Dwane Kirkland UCC 1-207 w/o prejudice/ 14798803369 po box 32 London Arkansas 72847/ for full reports just call.
9/22/2022 3:24:20 PM
violating and committing crimes against the American citizens rights they who swearer under oath to protect, ignorant violators in there compacity of their powers granted to them under the 10th amendment, at least make them have some basic bill of rights classes, know the civic of the 11th grade and know their oath of office and have it ready to show they swearer to it and understand it.
This will save the nation from all enemies within and foreign. And hold the nation together for another two 50 years +
title 18 US suprema law of the land 241 242 operating under the color of law, what else fishing to create a crime under the color of law. violating the supreme law of the land article 6 p. 2. enforcing repugnant laws and unconstitutional legislative fiat pursuant to fraud, and acting as enemies within the nation’s sisters’ states need to be put back in harmony/
read the bill of rights and know it and teach it. Bill of rights in the public domain that for all sister state in harmony and all powers. https://youtu.be/31zRfrGU0P4
*Argument to defend the victims from the law enforcement when they violate the bill of rights at all or any compacity.
{Owen V Independence 100 vol. Supreme court reports. 1398 (1982)- Main V Thiboutot 100 vol. supreme court reports. 2502(1982)-officers have no immunity when violating Constitutional rights, from liability. Title 42 US Code Sec. 1983, Sec.
1985, and Sec. 1986 say the plaintiff can sue anyone who violates the Constitutional provisions. Case Byars V United States
273 US Supreme Court rulings 28- Encroachment. Miranda V Arizona 384 US 436-says no rule or law by legislation which would abrogate or abolish any Constitutional right provisions-
{All delegated power’s} {Under the 10th Amendment of the United States of America} all violations {Attach all writ of assist- coupon- bill of attainder-direct Tax} all pertaining to {violating Article 1 Sections 9, and 10 US Constitution} {Title 18, U.S. Code Sec. 2381- if they fail to protect Constitution, they are subject to the charge count 1- felony treason}
Case law Murdock V. Penn. 319 U.S. 105: (1943)-state may not impose a charge for enjoyment of a right by the beneficiary of contract. {Count 2 title 18 US code sect 241,242: if upon conviction the violator is subject to a $10,000 fine, ten years in jail, or both and if theft result, life in prison}
Any question please contact me or the victims in this matter to share the discovery and video and all evidence collected, thank you.
https://www.youtube.com/watch?v=20RoAfflGCM
The most important thing I can share is this, read the supreme law of the land and pay attention to the last paragraph that people failure to finish reading in motion or disposition or on the record or as evidence/ This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.
https://officerkirkland.wixsite.com/website/about
https://deref-mail.com/mail/client/bKQT53SWFZA/dereferrer/?redirectUrl=https%3A%2F%2Fwww.history.com%2Fnews%2F14th-amendment-corporate-personhood-made-corporations-into-people
https://deref-mail.com/mail/client/qqYAp8cB6ao/dereferrer/?redirectUrl=https%3A%2F%2Fwww.justice.gov%2Foip%2Fblog%2Fsupreme-court-rejects-argument-corporations-have-personal-privacy-interests
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
‹ Third Amendment up Fifth Amendment ›
Citizen's arrest
A citizen's arrest is an arrest made by a private citizen – that is, a person who is not acting as a sworn law-enforcement official. In common law jurisdictions, the practice dates back to medieval England and the English common law, in which sheriffs encouraged ordinary citizens to help apprehend law breakers.Wikipedia
8/28/2023 5:42:33 PM
Well, the fact of the matter on a appeal the attorneys should be listed and there firms and a criminal complaint should be files and an objection on the Constitutional violation of the oath on the record .
Attorneys and judges and police officers all who was the wrongdoers in a collusion and operating under the color of law,
now listed as defendants, and to take their paper and effects. Bank accounts house cars monies account abroad, and even their wife and children’s accounts.
They the violators have no Constitutional protections of their lcc and their operating under the color of law. \\ courts corporations institution city’s town counties have no rights they are government,
the rights were made to protect the American citizens from encroachment and infringement and overreach of authority. All protections under the contract are for the American citizens not the government when they are at their government compacity.
They have committed high felony treason and should be brought to the military lawyers and military component tribune courts for breaking our laws in there compacity of granted authority,
under the contract that clearly violated the basic fundamental principles and amendments provisions articles declarations of rights down, when they are a government institution that are under the oath at all levels.
but based on their action operating under the color of law. and they should be dissolved, and the institution franchise be dissolved for public act violations and insurance coverage violations of civil rights and Constitutional merits.
Not to mention the attorneys and judges’ lawyers have equity involved in the matter, the judge has a conflicting issue of equity of making money across the bench in the matter. It is in order to file Q warranto and to dissolve them all court town city town county, and sate if necessary.
A warning should be filed for a Q warranto and appoint trustee and the state attorney general to be appointed to dissolve them all.
Mr Kirkland
Give this to your attorney and have him give one of these.
7/22/2023 9:21:10 PM
short read/ best weapon /Discovery / all states in harmony/ very lucrative if applied in a timely manner for any compacity of violations of the equal protections of the law. Fundamental principles amendments provisions articles declarations of rights, at all levels state and federal.
Pulling City Franchise A writ of Quo Warranto. Now this doesn‟t look like much, but let me tell you something. What we‟re talking about doing here…See, most cities, at least in the state of Michigan, are by public act 230 public acts or public act 287 public acts, and in every one of them there is a rights and powers section…usually it‟s recorded at 2.2 or 3.1, and it basically says “Subject to the constitution of the United States and the general laws of the state of Michigan, the City of or the township of has rights 35 and powers too.
Then it starts listing the powers: The right to have a police department, the right to have a fire department, the right to have a city hall…and it starts listing all these powers. The antithesis to the argument is that if they‟re not in the constitution of the United States and the general laws of the state of Michigan then they don‟t have any rights and powers. In other words they are in violation of their corporate charter; their franchise.
They promised that they would be within the constitution of the United States and the general laws of the state of Michigan. Now a lot of people don‟t understand the power of this argument, so I want to really push this one home. I want you to understand. Whenever these little townships and cities start acting like King Farouke like you don‟t matter and they don‟t have to listen to you, this is what I want you to do:
You ask them this question: Are you violating my constitutionally protected civil rights by however you claim they are. Because if you are, you have just waived your right to be the city of. They will laugh at you for a little bit, then you explain to them public act 230 of Public Acts which states the rights and powers section of the constitution of the United States and the general laws of Michigan. You have rights and powers.
The antithesis of that is that if you are not going to be within the constitution of the United States and the general laws of the state of Michigan, and you‟re going to violate my constitutional rights and trample my rights, what we are going to do here is go for a writ of mandamus and Quo Warranto. (That‟s the legal term). It is an ancient law that goes way back to England in the ancient times. Basically here is the judgment and the action for it.
You put down here the case. “The case came on regularly for trial before the honorable (_____) on jury trial or non jury, on the date of _____. ______counsel and ____ opposing counsel. The court heard the testimony and examined the proofs offered by the parties. The court considered itself fully advised on the premise and filed in its findings of fact and conclusions of law, and directed that judgments be entered in accordance with such findings.
Which means that they figured out they violated your constitutional rights, they didn‟t have the right to violate your constitutional rights, and in the hearing you showed they violated your constitutional rights, and the judge figured out they violated you constitutional rights. So now for your prayer for relief we‟re going to get this Quo Warranto. And that‟s exactly what happened with Dr Kevorkian. 36 Notice he was in jail and they were hammering the tail out of him. The next thing you know everything got real quiet.
The next thing you know they‟re letting him go, and they were minding their business. This is how it happened. It is therefore ordered and adjudged and decreed Defendant Corporation the city of _______has violated provisions of the act under which it was created, and also has violated provisions of public act 230 Public Acts sec. 2.2 rights and powers section…In other words they didn‟t uphold the constitution of the United States and the general laws of the state of Michigan. Defendant Corporation the city of ____accordingly has forfeited its charter and has become liable to be dissolved by the abuse of its power. How much money are we talking about here? Nine decimal points plus, wouldn‟t you think? Now do you think they are going to bother some little doctor when they‟re looking at shutting down a major city?
What do you think is going to happen? Everything is going to get quiet and they are going to let the doctor go. Same thing for you. Now, Defendant corporation _____ now therefore is dissolved, and the corporate rights and privileges of franchise of defendants are declared forfeited to the people. Defendant corporation ______‟s trustees, directors, officials, and other officers, attorneys, and agents are forever restrained and enjoined from exercising any of the franchise corporate rights and/or privileges previously exercised by said defendant city, and from collecting or receiving any debts and/or demands belonging to or held by defendant city, and from paying out or in any manner interfering with transferring or delivering to any person any of the deposits, money, securities, property and affects of the defendant city or held by it.
You name a trustee, which the state would do…probably the state attorney general...after your complaint is filed is appointed receiver of all the property, real and personal, things in action and affects of defendant city corporation held by investment by defendants or in or to which defendant may be in any wise interested or entitled to. Plaintiff…the people of the state of whatever… shall recover of defendant corporation city of ____, the sum of (damages real and personal).
They don‟t like it when you do that…cause you can go a hundred million three times that amount in punitive damages they get a little upset. As costs and dispersements of this action and the receivers is directed to pay the sum out of their pocket to whoever the attorney general stipulated there as an injured party. You can put down there “the honorable judge so-and-so presiding (date entered), and he signs that, the city is no longer a city.
When they violate your constitution, this is one of the most powerful tools that you can use. And when you jam this on you better wear a bullet proof vest to court, cause you‟re probably going to get shot at by the time you get home…But it‟s nice to threaten. Just drop one 37 of them in the mail and tell them If I don‟t get reasonable cause for my action in the near future, you‟re going to get one of these in the mail for real. Here is the summons for Quo Warranto.
This is for the start of the thing. Summons, form 41. By the way you can get this from 21 Am Juris practical forms and practice. Alright, you name the party, you put down who you are…The people of the state of Michigan v, you are summoned to appear before _____ court on such and such a date, to show by what authority you claim to have use and/or enjoy rights and liberty and franchise (namely the corporations city of) set out and complained of in such and such a time summons and further to do and receive all things which the court shall then order concerning you. This is kinda like pulling their driver‟s license for drunk driving.
Now that‟s an over simplification, but sometimes these city halls operate like a drunken sailor, and the think they can abuse citizen‟s rights, and trash them…”You know who I am?” “No, and I don‟t care…” You know who I‟m…I‟m your boss…I‟m the people. You‟re elected to work for me…And I‟m trying to be nice. So I‟d appreciate it if you‟d just…we can just sit down and work this out. But if we can‟t work this out, I‟m gonna sock it to ya, baby. And that‟s basically how I feel about it.
Now we can get into some of these other things… In the constitution of the state of Michigan…the latest and greatest…the very first thing they talk about…Notice it says section one…”All political power is inherent in the people. Government is instituted for their equal benefit, security and protection. Equal protection in discrimination. “No person shall be denied equal protection under the law. Nor shall any person be denied of the enjoyment of their civil or political rights, or be discriminated against in the exercise thereof because of religion, race, or national origin. The legislature shall implement this section by appropriate legislation.
Then they go down through all these…freedom of worship, etc. This is what we‟re talking about here folks. You know your rights…You got „em…You don‟t know „em…You don‟t got „em. Get back into police powers generally. This is something you gotta understand. Generally the police power is the exercise of the sovereign right of the government to promote order, safety and health and morals, and the general welfare of the society within constitutional limits. Generally the police powers is the exercise of the sovereign of the government to promote order, safety, health and morals and the general welfare of the society within constitutional limits.
As otherwise stated the police power of the state is a power or organization of a system of regulations to 38 foster the health, order, and comfort of the people, and to prevent and/or punish injuries and offences to the public. But it has to be within constitutional limitations, and it embraces all the rules for the protection of life, liberty, and property.
*************************************** An impartial adviser, often voluntary, to a court of law in a particular case. "He was planning to advance this position in an amicus brief" In the sign of partnership begins with a drop of awareness about the nature of the arrangement. Most relationships are run by unspoken rules buzzing below the level of consciousness. It often takes a breach of those rules to be aware of them in the first place. So, welcome the breach. It's where discovery begins. https://gospelstudy.us/the-power-of-the-advocate/# Mr. Kirkland ***************************************************************************************************
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