Brief, USA v. Kent Hovind, Territorial Jurisdiction:
Attorney Karl, my research shows that the USA (the Confederation) only has permission of jurisdiction â€œonlyâ€ exclusively on land owned or ceded to it.
US Constitution, Article I, Section 8, 17:Â â€œTo exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;–Andâ€
They can not extend it further. They are bared. Any further claim must be done with a court that does have jurisdiction on land that they do not own.
There is only two types of land in America between the borders of Canada and Mexico, that is: 1. land owned by the USA, Â 2. land not owned by the USA.Â All jurisdiction is proprietary.
Such a trespass can be challenged in a civil court setting.Â Where thereâ€™s damage – there must be a remedy.
The people have forbid jurisdiction of the USA to any land they do not own.
What one must make clear the following:
a. A civil hearing, common law, will be called some day in the future, Hovind v. USA.
b. Witnesses shall be subpoenaed with duces tecum.
c. Witnesses will be asked if they are well trained and are qualified to do their job.
d. Witnesses then shall be called to testify and present evidence of what is in the USAâ€™s possession as to fact evidence that they have jurisdiction on the land that Kent was raided on.
e. When and how was the land that the charges where claimed to have taken place on, where purchased, making them a constitutional â€œPlaces purchasedâ€?
[They always submit a deed, but deeds are only presumptive evidence, they must have a witness in the stand that will testify that the USA owns such and such land that the subject acts took place on.Â Just because a attorney created deed says it is in city, county, state, does not change the fact that the property is not owned by the USA. ]
f. They will have none.
g. The jury will be left with calculating damages.
The USA government has no place to hide.
But without that US agent subpoenaed in the stand you have little chance of winning, or getting the fatal record against them.
Every case that I have followed is failing distinction of land owned and land not owned.
The cases start talking of; in the city, in the state, in the county, all of which are possessions of the USA.
There is only one government of/in the USA of legal entities, that is the USA / US.
The other government is of/on land not owned by the USA, and only associated with non-legal entities, such as man, family, church, free inhabitants = non-citizen of the USA, etc.
Motion to vacate judgment due to no place in the record that Plaintiff gives evidence to territorial jurisdiction as constitutionally required.
We can even bring in some type of document from the BLM (Bureau of Land Management), they know if the USA owns any given piece of land.
Exculpatory, or evidence that was not then known, or evidence that if would have been presented would change the outcome of the trial, acquittal.
If argued correctly with â€œanotherâ€ reason to give the court an escape route, I suspect they will vacate for fear of exposure.Â (We must give them a way out, they will not expose the truth of territorial jurisdiction with out a sudo-civil war.)
Congress could, eventually, be called to answer the jurisdictional question.
PaulÂ Â 3-25-11
I have heard that if a magistrate did your arraignment that is simulating judicial process and is a due process violation, all act after that violation is a nullity.Â I do not want to be a cloud without rain, but maybe we can seed this one and get a down poor.Â We are working on it.
Briefing on promulgation of proprietary authority.
Declaration of Independence 1776Â Â Â Â Â Â Â Â Separation from King George = Power. Proprietary.
The word constitution does not appear.
Articles of Confederation 1777 â€“Â Article I. The stile of this confederacy shall be, â€œThe United States of America.â€Â Â Â Â Â Â [one court mentioned â€“ disputes between states (not people).]Â Â Â Â Â Â Â Consent, Agreement, a more perfect Union.
The word constitution does not appear.
Northwest Ordinance 1787-
Are/is the people/land of those States of the Northwest Territory, which have not been admitted into the perpetual Union.
The Constitution of the United States
Preamble -Â â€œdo ordain and establish this Constitution for the United States of Americaâ€ (The Confederacy).Â Â Â Â Â Â Â Â Â Not changing or creating but â€œAidâ€ to the Confederacy. Not directly for the people but for the Confederacy.
â€œthis Union,â€Â â€œthe Union.â€
â€œdo ordain and establish Land, People, Laws, for the United States of America.
So in Kentâ€™s case, and in all territorial jurisdiction challenges, there must be fact evidence on the record, or produced when challenged, at [a]ny time, of ownership of the subject land by the USA for itâ€™s USA laws to have force and effect of law.
Even with the Kentâ€™s pulling $9500.00 out structurally, they must prove that the structurally related â€œmoney launderingâ€ was committed on a USA possession.Â When/if challenged by Kent, such evidence must be factually on the record, or be brought before the judge ASAP.Â If we have proof that the USA does not own the subject land, such offered proof must be controverter for the court to maintain that jurisdiction is/has been present.
Any claim of income must be proven to have develop on USA land, or a resident of USA land.
All claims of the USA must have an admiralty claim- â€œPORTâ€ of entry.Â (Territory includes water and land.)Â Â Â Resident of USA, or done on USA land.
â€œInâ€ as to > City, County, State of Nebraska, Federal Territory, District.
Incorporated / Chartered City of Omaha;
District â€“ US District, School District, Municipal District, Federal District;
State of Nebraska is one of the states of the United States;
all the above are possessions of the USA.
Resident of the above.
Live in = live on.
National, National Citizen, National Bank.Â Â Â Â Â Â Â (Some tax cases state- â€œDefendant never rebutted he was not a national citizen.â€)
My mailing address styled as: Paul John Hansen, 1548 N 19, Omaha, Nebraska, not a resident address.
A TAX PAYER mustâ€¦ – Socialism can be imposed by the â€œCongress of the United States, which shall consist of a Senate and House of Representatives,â€ on the People of the United States, but not on the â€œone Peopleâ€ of the Declaration of Independence.
The sentence: “Sections 81 – 131 of this chapter shows the territorial composition of districts and divisions by counties as of January 1, 1945,” was added to Title 28 by the Law Revision Counsel of the House of Representatives, so it would conform to the statute law on the judiciary and judicial procedure of the United States.Â Â Â (Essentially gave scope of jurisdiction, promulgation.)
The sole appearance of the word “district” in the Constitution of September 17, 1787 confirms the meaning it was given in the Declaration of Independence and Northwest Ordinance.Â “To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square), as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.”
Sections 81 through 131 of Title 28 consist of, in alphabetical order, Â the 48 States, the two Territories, Alaska and Hawaii, the District of Columbia and the Commonwealth of Puerto Rico, as of Â January1, 1945.Â Â Section 81a is Alaska.Â Section 88 is the District of Columbia.Â Section 91 is Hawaii and Section 119 is Puerto Rico.
No territorial investigation beyond Section 88 should be needed, however, to put to rest any question that the territorial composition of the districts and divisions is only the territory owned by or subject to the exclusive jurisdiction of the United States of America, let us examine Title 1 of the United States Code, General Procedures, for its definition of “County,” which we find encrypted in Section 2: The word â€œcountyâ€ includes a parish, or any other equivalent subdivision of a State or Territory of the United States.”Â Â Translated into plain English, the word “county” of Â Section 2 of Title 1 of the United States Code means the/a kind of county (land) found in Alaska, Hawaii, the District of Columbia and Puerto Rico on January1, 1945, which is subject to the exclusive jurisdiction of the United States of America.
81.Â Â Â Â Â Â Â Â Alabama.
81A.Â Â Â Â Â Â Â Alaska.
82.Â Â Â Â Â Â Â Â Arizona.
83.Â Â Â Â Â Â Â Â Arkansas.
84.Â Â Â Â Â Â Â Â California.
85.Â Â Â Â Â Â Â Â Colorado.
86.Â Â Â Â Â Â Â Â Connecticut.
87.Â Â Â Â Â Â Â Â Delaware.
88.Â Â Â Â Â Â Â Â District of Columbia.
89.Â Â Â Â Â Â Â Â Florida.
90.Â Â Â Â Â Â Â Â Georgia.
91.Â Â Â Â Â Â Â Â Hawaii.
92.Â Â Â Â Â Â Â Â Idaho.
93.Â Â Â Â Â Â Â Â Illinois.
94.Â Â Â Â Â Â Â Â Indiana.
95.Â Â Â Â Â Â Â Â Iowa.
96.Â Â Â Â Â Â Â Â Kansas.
97.Â Â Â Â Â Â Â Â Kentucky.
98.Â Â Â Â Â Â Â Â Louisiana.
99.Â Â Â Â Â Â Â Â Maine.
100.Â Â Â Â Â Â Â Maryland.
101.Â Â Â Â Â Â Â Massachusetts.
102.Â Â Â Â Â Â Â Michigan.
103.Â Â Â Â Â Â Â Minnesota.
104.Â Â Â Â Â Â Â Mississippi.
105.Â Â Â Â Â Â Â Missouri.
106.Â Â Â Â Â Â Â Montana.
107.Â Â Â Â Â Â Â Nebraska.
108.Â Â Â Â Â Â Â Nevada.
109.Â Â Â Â Â Â Â New Hampshire.
110.Â Â Â Â Â Â Â New Jersey.
111.Â Â Â Â Â Â Â New Mexico.
112.Â Â Â Â Â Â Â New York.
113.Â Â Â Â Â Â Â North Carolina.
114.Â Â Â Â Â Â Â North Dakota.
115.Â Â Â Â Â Â Â Ohio.
116.Â Â Â Â Â Â Â Oklahoma.
117.Â Â Â Â Â Â Â Oregon.
118.Â Â Â Â Â Â Â Pennsylvania.
119.Â Â Â Â Â Â Â Puerto Rico.
120.Â Â Â Â Â Â Â Rhode Island.
121.Â Â Â Â Â Â Â South Carolina.
122.Â Â Â Â Â Â Â South Dakota.
123.Â Â Â Â Â Â Â Tennessee.
124.Â Â Â Â Â Â Â Texas.
125.Â Â Â Â Â Â Â Utah.
126.Â Â Â Â Â Â Â Vermont.
127.Â Â Â Â Â Â Â Virginia.
128.Â Â Â Â Â Â Â Washington.
129.Â Â Â Â Â Â Â West Virginia.
130.Â Â Â Â Â Â Â Wisconsin.
131.Â Â Â Â Â Â Â Wyoming.
52 Â Â Â Â Â Â Â Â Â < total, so we have 50 states and 2 possessions.
If no port of entry upon USA possession = only common law proceeding, the written law of the USA does not apply.
The Preamble to the Constitution of September 17, 1787 and the first clause in Article VII of â€œthis Constitutionâ€ will provide the solution to a runaway federal government, yet Note- the Preamble is not an officially part of the Constitution.
Hereâ€™s how to make the constitutional connection between, â€œWe the People of the United Statesâ€¦do ordain and establish this Constitution for the United States of Americaâ€ to â€œThe Ratification of the Conventions of nine States, shall be sufficient for the Establishment of this Constitution between the States so ratifying the Same.â€Â â€œWe the People of the United Statesâ€ and the â€œConventions of nine Statesâ€ are the same.
USA District Court Judge must reside on a possession (US District) of the USA to have standing as a USA District Court Judge.Â If we can find that any of Kentâ€™s judges did/does not reside on land owned by the USA their orders are possibly void.
A chain is only as strong as its weakest link and the weakest link is the federal jury selection process.Â No one can be prosecuted for a serious federal crime without a qualified federal grand jury, a federal trial jury and a federal judge of the State and judicial district “wherein the crime shall have been committed.”
The 1812 federal law, which is **attached, making it a misdemeanor for a district court judge not to reside in the district has not been repealed.
The Law: The Internal Revenue Code imposes a federal income tax upon all United States citizens and residents, not just those who reside in the District of Columbia, federal territories, and federal enclaves. InÂ United States v. Collins, 920 F.2d 619, 629 (10th Cir. 1990),
United States v. Ward, 833 F.2d 1538, 1539 (11th Cir. 1987),Â cert. denied, 485 U.S. 1022 (1988) â€“ the court rejected as a â€œtwisted conclusionâ€ the contention â€œthat the United States has jurisdiction over only Washington, D.C., the federal enclaves within the states, and the territories and possessions of the United States,â€ and affirmed a tax evasion conviction.
Barcroft v. Commissioner, T.C. Memo. 1997-5, 73 T.C.M. (CCH) 1666, 1667,Â appeal dismissed, 134 F.3d 369 (5th Cir. 1997) â€“ Barcroft claimed that he was not â€œa â€˜U.S. citizen,â€™ subject to federal jurisdiction, such as â€˜officers, employees, and elected officials of the United States,â€™â€ and did not â€œreside within a federal territory such as Washington D.C., or a federal enclave within a State, or a U.S. possession.â€ The court noted that Barcroftâ€™s statements â€œcontain protester-type contentions that have been rejected by the courts as groundless,â€ the court sustained penalties for failure to file returns and failure to pay estimated income taxes.
The above cases are losses due to the fact that the Defendant made the claims, could not prove a negative therefore lost support of such unsupported claims.Â The Defendant failed to subpoena-duces tecum an IRS agent (his accuser) and demand answer the same support. Â Must keep the burden on the USA at all times.
Definition of US citizen is > Persons who are citizens of the United States are qualified to be prospective jurors.Â The Fourteenth Amendment to the United States Constitution defines â€œcitizens of the United Statesâ€ as â€œall persons born or naturalized in the United States and subject to the jurisdiction thereof.â€Â Â So one can be born in the US and yet become a non-citizen of the US.Â Such born type can expatriate to the free inhabitant standing. (â€œInâ€ is as saying on land owned by the USA.)
The type of people of the Declaration of Independence are foreign to the land owned by the USA, and the US citizen is foreign to the said free inhabitants land.
Kent Hovind is foreign to the US lands.
Hit them hard, give them a way out that they can save face, get Kent out.
A walk in the park, aJ
If you comprehend all this you are now a legal-genies.
Brief written by Paul John Hansen, pauljjhansen.com
** STATUTE II.
Dec:. I8, 1812. CHAP. V. An Act concerning the District and Territorial Judges of the United States.
Be it enacted by the Â Senate and House of Representatives of the United States of America in Congress assembled, That hereafter it shall be incumbent upon the district and territorial judges of the United States, to reside within the districts and territories respectively for which they are appointed, and that it shall not be lawful for any judge appointed under the authority of the United States, to exercise the profession: or employment of counsel or attorney, or to be engaged in the practice of the law. And any person offending against the injunction or prohibition of this act, shall be deemed guilty of a high misdemeanor.
APPROVED, December 18, 1812. Â·