Saturday, June 23, 2012

A Tool for Court Watchers (Jack Flynn's)

Guidelines for Instant Affidavit (“IA”)


Please read CAREFULLY!


ISSUE

Judges who are reluctant to acknowledge the Constitutional authority to which they swore an oath; who decline to perform accordingly; who persist in subjugating Constitutional Law to statutes and case law which overtly contradict the Constitution.

PURPOSE OF IA

The purpose of the Instant Affidavit is specifically to AVOID conflict.  It is NOT intended, and should NOT be used, to create conflict.  It should NEVER be used to interfere with public procedure.  It should be used to fulfill the misprison of felony and misprison of treason obligations AS A LAST RESORT only.  It is intended to defuse “hot” situations by its presence.

Jack Flynn’s various courtroom experiences have required enormous courage in the face of threats, intimidation, and use of physical coercion – until local officials realized that they were obligated as Americans, rather than United States persons operating as legal fictions, to obey the Constitutional limits provided by the Founders.  The IA is designed as a safety valve to help avoid confrontation.  By advising the judge or other offenders that witnesses are WILLING to file misprison of felony and misprison of treason reports, it is intended to defuse potential confrontation and provide the judge an opportunity to rescind actions which are repugnant to the Constitution.

PROTOCOL

- The goal is to never have to complete and sign an Instant Affidavit.

- Always act respectfully.

- Never threaten.

- Witnesses should remain quiet and calm demonstrating their interest as Americans, NEVER as a mob.

- Always provide the chancellor with a reasonable solution to return to the bench as a judge.

- Convey to the chancellor that you are “reluctant” (as you should be) to report his crimes.

“Sir, with all due respect, if you continue to refuse to provide the Constitutional authority for your ruling, refuse to prove jurisdiction on the record, and refuse to step down, then you will leave me no choice but to ask these twenty witnesses to swear out Affidavits of Probable Cause to the crimes they see being perpetrated here today, and I will place them in the record and ask the bailiff to act accordingly since you’ve already abandoned the bench judicially.  I am reluctant to do so, but you are not leaving me any choice.  Would you respectfully reconsider?”

- Take every lawful measure to NOT be forced to complete the IA.  We do NOT want to see folks in trouble.  We want to see folks adhere to their oaths of office and devolve the cultural amnesia of nearly eighty years of equity.

- If forced to use the affidavit, the affiant should select ONLY those crimes he witnessed first hand.  If in doubt, don’t select the item.

- The affidavit should be printed front and back so it is one page.

- Always have multiple blank copies on hand to allow for multiple originals, mistakes, and multiple perpetrators such as a judge AND bailiff.

RISKS

Always be mindful of the risks of being supportive.  It is NOT UNLIKELY that a hungry prosecutor will secure a RICO indictment of all signatories to such affidavits at some time in the future, attempting to reverse the proof of claim.  One must be mentally as well as technologically ready for such an event.

To this end, do NOT rely on Instant Affidavits as a silver bullet.  Rather, AT THE VERY BEGINNING of a case, you should compile your database of recipients and construct the presumptive letters.  Your solution is likely to be POLITICAL, so you should take no actions that appear to be threatening to any party other than to let everyone know of your willingness and ability to lawfully prosecute the crimes.

LEGAL NOTICE

All of the material herein and herewith is for entertainment purposes only for the use of private parties.  It is not, and shall not be deemed to be, legal advice.  Errors are unintentional and none of the information is guaranteed.  The publisher and author accept no responsibility for use of the contents herein and herewith nor the consequences of such use.  No warranty exists unless expressly stated in writing.  All decisions and responsibility regarding the use of this material is accepted by the user.  All rights are reserved by the publisher and author.


VERIFIED AFFIDAVIT OF FACTS

A VERIFIED PLAIN STATEMENT OF FACTS


State: ________________________                            NOTICE TO AGENT IS NOTICE TO PRINCIPAL

County:_______________________                            NOTICE TO PRINCIPAL IS NOTICE TO AGENT

   
The undersigned, ___________________________________ hereby states that he/she is of legal age and competent to state on belief and personal knowledge that the facts set forth herein as duly noted below are true, correct, complete and presented in good faith.  On the ___________ day of _________________ in the Year of Our Lord two thousand and _______, at approximately _______________ [ ] A.M.  [ ] P.M., the undersigned living party witnessed __________________________ commit and undertake what the said party believes on personal knowledge to be the criminal actions noted below.  The undersigned party states this to be his/her Affidavit of Probable Cause regarding same:

[ ] Perjury against his/her oath of office by subscribing to a material matter he/she knows to be false (18 U.S.C. Sec. 1621);

[ ] Subornation of perjury by procuring another to commit perjury (18 U.S.C. Sec. 1622);

[ ] Treason against the American People by levying war against their Constitution or aiding its enemies (Article III, Section 3; 18 U.S.C. Sec. 2381);

[ ] Insurrection against the Constitution by inciting, assisting or engaging in rebellion against the Constitutional authority of the United States of America (18 U.S.C. Sec. 2383);

[ ] Sedition/seditious conspiracy by conspiring to overthrow the Constitutional government or delay the execution of a law of the United States of America (18 U.S.C. Sec. 2384);

[ ] Impersonating a U.S. officer/employee (18 U.S.C. Sec. 912);   [ ] After instant disqualification under Sec. 3, 14th Amendment;

[ ] Misprision of treason by failing to report treason when so noted (18 U.S.C. Sec. 2382);

[ ] Misprision of felony by failing to report commission of a felony when so noted (18 U.S.C. Sec. 4);

[ ] Criminal contempt of court (18 U.S.C. Sec. 3499);  [ ] Judge disqualified as a party in interest; [ ] Request to appoint prosecutor

[ ] Impeding due exercise of rights by attempting to prevent, obstruct, impede or interfere with same (18 U.S.C. Sec. 1509);

[ ] Extortion by obtaining property, funds or patronage under pretense of office (18 U.S.C. Sec. 872);

[ ] Money laundering by conducting or attempting to conduct a financial transaction with the proceeds of an unlawful activity (18 U.S.C. Sec. 1956);

[ ] Blackmail by threatening to inform, or as a consideration for not informing, against any violation of any law for the purpose of demanding or receiving money or other value (18 U.S.C. Sec. 873);

[ ] Fraud by a judge by falsifying or concealing a material fact, making a false representation, writing a false document, or having knowledge that a document is false (18 U.S.C. Sec. 1001);

[ ] Computer fraud before a United States court  (18 U.S.C. Sec. 1623);

[ ] False declaration before a United States court  (18 U.S.C. Sec. 1623);

[ ] Fraudulent representation by a government official  (18 U.S.C. Sec. 1001);

[ ] Use of a false writing by a government official  (18 U.S.C. Sec. 1001);

[ ] Possession of false, altered, forged or counterfeit writing to obtain money from the United States (18 U.S.C. Sec. 1001);

[ ] Coverup / concealing a material fact  (18 U.S.C. Sec. 1001);

[ ] Scheme or artifice to defraud by depriving another of the intangible right of honest services (18 U.S.C. Sec. 1346);

[ ] Racketeering by conducting an ongoing enterprise of robbery, bribery, extortion, or threats of same (18 U.S.C. Sec. 1962);

[ ] Conspiracy to offend or defraud the United States (18 U.S.C. Sec. 371);

[ ] Influencing/injuring a court officer by threats or force  (18 U.S.C. Sec. 1503);

[ ] Bribery of a    public official    witness  (circle one) by offering/promising something of value to influence an official act (18 U.S.C. Sec. 201);

[ ] Obstructing a criminal investigation by preventing the communication of information relating to a violation of any criminal statute of the United States to a criminal investigator (18 U.S.C. 1510) by bribery;

[ ] Stealing, altering, falsifying, removing or avoiding a court record with consequential impact on a judgment  (18 U.S.C. Sec. 1506);

[ ] Involuntary judgment by acknowledging or procuring to be acknowledged any judgment in the name of any other person not privy or consenting to the same  (18 U.S.C. Sec. 1506);

[ ] Involuntary bail by acknowledging or procuring to be acknowledged any recognizance or bail in the name of any other person not privy or consenting to the same  (18 U.S.C. Sec. 1506);

[ ] Impeding a case filed under title 11 or in contemplation of such matter by impeding, obstructing or influencing any such case or contemplation by destroying, mutilating, altering, concealing, covering-up, falsifying, or making a false entry in any record, document, or tangible object (18 U.S.C. Esc. 1519);

[ ] Impeding a matter under agency/department investigation, administration or jurisdiction by impeding, obstructing or influencing any such matter by destroying, mutilating, altering, concealing, covering-up, falsifying, or making a false entry in any record, document, or tangible object (18 U.S.C. Esc. 1519);

[ ] Retaliation against a witness  (18 U.S.C. Sec. 1513);

[ ] Tampering with a witness  (18 U.S.C. Sec. 1512);

      [Regarding a maritime jurisdiction (also see Piracy below)]

[ ] Assault within the maritime jurisdiction (18 U.S.C. Sec. 113);

[ ] Obtaining value by false pretenses or fraud in the maritime jurisdiction (18 U.S.C. Sec. 1023);

[ ] Obtaining an instrument or conveyance by false pretenses or fraud in the maritime jurisdiction (18 U.S.C. Sec. 1023);

[ ] Theft within the special maritime jurisdiction by obtaining something of value from a person or procuring the execution, endorsement, or signature and delivery of a negotiable instrument, draft, check or real or personal property under fraud or false pretenses (18 U.S.C. Sec. 1025);

[ ] Plunder money, goods, merchandise, or other effects from or belonging to a vessel in distress within the admiralty and maritime jurisdiction of the United States (18 U.S.C. Sec. 1658);

      [Regarding a foreign official]

[ ] “’Foreign Government’ means the government of a foreign country, irrespective of recognition by the U.S. (18 U.S.C. 1116);

[ ] Assaulting a foreign official by striking, imprisoning, coercing, threatening, intimidating or offering violence to a foreign official or official guest (18 U.S.C. Sec. 112);

[ ] Extortion of a foreign official by threatening assault (18 U.S.C. Sec. 878)

[10 years imprisonment]

[ ] Plunder money, goods, merchandise, or other effects from or belonging to a vessel in distress within the admiralty and maritime jurisdiction of the United States (18 U.S.C. Sec. 1658);

[20 years imprisonment]

[ ] Aiding / abetting slavery by holding, returning or arresting any person to return him/her to peonage (13th Amendment; 18 U.S.C. Sec. 1581);

[ ] Enticement to slavery by enticing, persuading, inducing or carrying away a person with the intent of selling the person into involuntary servitude (13th Amendment; 18 U.S.C. Sec. 1583);

[ ] Enticement to slavery by ordering a person to falsely represent him/herself as a United States Citizen in violation of 18 U.S.C. Sec. 911 (13th Amendment; 18 U.S.C. Sec. 1583);

[ ] Obtain forced labor/services of a person by threat of serious harm or physical restraint (13th Amendment; 18 U.S.C. Sec. 1589);

[ ] Trafficking in slaves by recruiting a person for labor/service in violation of Title 18, U.S.C. (13th Amendment; 18 U.S.C. Sec. 1590).

[ ] Mailing threatening communications by causing to be mailed any a demand for reward for the release of any kidnapped person (13th Amendment; 18 U.S.C. Sec. 876);

            [life imprisonment]

[ ] Piracy on the high seas as defined in the law of nations (18 U.S.C. Sec. 1651);

[ ] Piracy by committing a hostile act against a citizen of the United States on the high seas on pretense of authority from any person (18 U.S.C. Sec. 1652);

[ ] Kidnapping by seizing, confining, inveigling, decoying, kidnapping, abducting, or carrying away and holding for ransom or otherwise a person engaged in foreign commerce or within the special maritime jurisdiction of the United States (18 U.S.C. Sec. 1201) ([ ] see Mailing threatening communications above);

[ ] Other:


Further the undersigned sayeth naught.

Signed and Sealed this __________ day of _______________, in the year of Our Lord, two thousand and _______.


       All rights reserved.  Void where prohibited by law.

     
       _________________________________________ suae potestate esse

       a living breathing Lawful Man/Woman in care of mailing location:


       ___________________________________


______________________________________

       __________________________________


On this _______________ day of the __________________ month in the year of Our Lord two thousand __________, We, the undersigned living breathing Lawful men/women in this state, having ascertained that the above noted party has read and knows the contents of this Verified Affidavit of Facts, witnessed his/her execution and sealing of the same, and do hereby witness the foregoing by voluntarily setting Our Hand and Sealing this Verified Affidavit of Facts.

WITNESS my hand and official seal.


                    ___________________________suae potestate esse, living Lawful man/woman

 ___________________________suae potestate esse, living Lawful man/woman

David Schied: A Michigan Court Watcher

Press Release

Contact: David Lonier                                          FOR IMMEDIATE RELEASE
Tel: 248-373-9111                                                4 P.M. EDT, June 9, 2012

COURT WATCHER JAILED

FOR 30 DAYS FOR REMAINING SILENT

Redford Township – June 8, 2012 A Novi Township man was ordered by Judge Karen Kahlil of the 17th District Court to spend 30 days in jail for refusing to give her his name. He was cited with contempt, hand cuffed and hauled off to the Redford police jail and later transferred to a Midland jail. He was in court to witness another case when he, along with 4 other court watchers were ordered by the judge Kahlil to stand and give their names. After the Novi Township man was arrested, the other 4 court watchers were asked to do the same. All complied for fear that they too would receive jail time.

The court watchers witnessed the court officials assault the Novi man. When one of the court watchers attempted to leave the room he was detained against his will. The court officers used threat and intimidation to hold the entire body of court watchers hostage.

Judge Kahlil in an uncontrollable rage she began to call out, “We got a group of Moors in here!” She continued her comments towards the court watchers “Are you a part of that group? Who here is a part of that group the Moors group!”

Prior to his Friday arrest, the Novi man has several criminal complaints, judicial misconduct, malfeasance of office and deprivation of rights charges filed against Judge Kahlil and it is suspected that she was using her authority in retaliation for his legal action against her. No such order was issued for the other four court watchers.

The Novi Township man has commenced a hunger strike.

* * * * * * * * * * * * *   The Facts   * * * * * * * * * * * * *

Court Watcher Jailed for…What?

Court watching? Refusing to identify himself (give name?)?

Refusing to stand when bailiff “commanded” him to stand?

Judge said he was causing disorder in her court and ordered him to be jailed for 30 days for showing contempt for her court.

Facts:

Brent Mohlman, a property owner in Redford Michigan was summonsed to appear at the Michigan 17th District Court on June 8, 2012 at 9:15 am on a charge of not applying for a permit to construct a fence on his property. The summons was for an “informal” hearing.

17th District Court, 15111 Beech Daly Road¸ Redford, Michigan 48239
Judge: Karen Kahlil - Case # 12A06969

Court watchers present at the hearing were:
            Ronald Keller, Michael Liss, Anna Janek, David Lonier and David Schied

There were 8 cases preceding Mohlman’s case for a total of $1,250. assessed in fines.

At 9:50 am, while court was in session, Brent was called into a conference room by the code enforcement officer and Keller and Schied went with him. The code officer asked “what are you doing here?” “They said we’re witnesses” All sat down and the code officer accused Mohlman of threatening him in a letter. Brent said no, I just tried to explain my rights. The officer asked if he was going to get a permit and Brent answered no. The officer warned Brent to behave himself in front of the judge.

At 9:53 The three emerged from the meeting and took seats in the gallery.

10:09 am, the judge called Mohler’s case. She rattled off the charges and asked Brent to state his name and if he understood the charges. He replied that he was there by special appearance and that he did not waive his rights. She said: “Have a seat for a minute” and Brent returned to the gallery seats.

10:15 am, after hearing another case, Kahlil ordered Brent to enter the jury box. He was slow to comply so she yelled at the top of her voice for him step into the jury box and he complied. She then had the bailiff demand that a certain court watcher in a black and white shirt stand and identify himself. The bailiff pointed at the court watcher and demanded that he stand. The court watcher remained seated for 15 or 20 seconds and after the bailiff became belligerent he slowly stood. The bailiff demanded “state your name” The court watcher said nothing. The judge then was heard to say: “We have a group of Moors, we need back-up” whereby several other uniformed police officers entered the courtroom, for a total of five. Some were noted to have hands on their firearms. She then ordered the court watcher arrested and jailed saying she was charging him with contempt with up to 30 days. He was handcuffed behind his back and lead and pushed out of the courtroom. As he passed the row of seats where Keller was seated he tried to hand Keller his wallet from his back pocket but one of the arresting officers grabbed his hand ripping the pocket and said that goes with you.

Keller then attempted to exit the courtroom but the judge ordered the officers to escort him back to his seat. She then asked him to stand and state his name. Keller, terrified, complied and she then asked if he was there with a group. He responded he knew of no group. She said, these other people you seem to be with. He responded “you’ll have to ask them”.

She then asked…”you in the red shirt, stand up, are you with them? “What is your name?”

The court watcher in the red shirt stood and said my name is Mike Liss.

She then asked a female court watcher to comply in the same manner. The court watcher stood and said her name was Anna Janek.

She then asked another court watcher the same and he said his name was David. She then asked for his last name and he said I’ll give you my last name under duress and in fear for my safety and stated his last name.

She next asked the code enforcer to read off a list of charges including constructing a privacy fence without a permit, vehicles improperly parked, posting menacing “no trespassing signs”, no access to water meter, etc. She then asked Brent how do you plead? He relpied: “Is this America? I have nothing further to say” She then said ok, I find you guilty and fine you $150 and dismissed the case.

Brent Mohlman immediately started calling friends in the legal field and a supporter who is a candidate for township supervisor for advice. Mike Liss was with him.

Ron Kelller, Dave Lonier and Anna Janek asked the clerk what happened to their friend David Schied? She said we’d have to ask police. They walked over to the next building and asked the officer at the desk where David was and he said they were holding him there in the Redford township jail. They asked when he would be released and he said it was up to the judge and the judge would have a hearing before she made that decision. They then went back into the courthouse and asked the bailiff when the judge would be making a decision. All entered the courtroom and when a case in progress finished the bailiff whispered something into the judge’s ear. The two of them exited a door near the bench and the bailiff came back and told us it would be a few minutes. A half hour later (approx 12:30pm) there was still no response. Word finally came about 1:45 pm that the judge would not have a hearing and that David Schied was being taken to a jail in another county. The judge gave a statement that if David apologized for his behavior, she would sign a release order, otherwise he would remain incarcerated for the full 30 days.

Analysis:

Can a judge render a verdict, assess a fine and cite people for contempt in an informal hearing? The court clerk told us that no transcripts were available for “informal” hearings. That would tell one that it is not a “Court of Record” The summons was for an “informal” hearing. The clerk said it was an “informal” hearing.

Can a Judge cite a court watcher for contempt for failing to identify himself in an informal hearing and sentence him to 30 days in jail when he has done nothing to warrant such?

Why didn’t she do the same to all the other court watchers who were doing the same…nothing. not talking…nothing Taking notes maybe? Is that disruptive, showing contempt? What cause did she have for even demanding anything from the court watchers?

Were not the other 4 court watchers terrorized by the judge? The message she sent to them was “Stand up, disclose who you are or go to jail”. What about the 5th Amendment right against self incrimination?

David Schied has a case before the Federal District Court in which he named this Judge as a defendant, along with other judges and attorneys for judicial misconduct, malfeasance of office, conspiracy to deprive people of their rights and other charges. David was before this judge on a traffic ticket in which he was denied due process and the judge refused to take his defense and evidence into consideration. She may have recognized him and decided to retaliate. His case against and others her is pending

Would she have authority to lock him up if she is a defendant in a case filed against her by the person she is locking up? Wouldn’t that be cause to disqualify her?

Can she order anyone to serve time without a hearing? What about due process?

Was not her order to have David “kidnapped”, since he was doing nothing to warrant a contempt charge? Could not the arresting officers be charged with assault?

Should not the judge be cited again for judicial misconduct, malfeasance of office and conspiracy to deprive David and the other 4 court-watchers who were intimidated and terrified into disclosing their identities without probable cause?

Where do we take this? File a complaint with whom? Courts defend courts. Laws that defend the people against government tyranny are not admissible.


* * * * * * * * * * * * *  Tools for Court Watchers * * * * * * * * * * * * *

Media attention?

Suggestion for Press Release

Contact: David Lonier                                                FOR IMMEDIATE RELEASE Tel: 248-373-9111

Court Watcher Jailed
up to 30 days for remaining silent

Redford Township – June 8, 2012 A Novi Township man was ordered by Judge Karen Kahlil of the 17th District Court to spend up to 30 days in jail for refusing to give her his name. He was cited with contempt, hand cuffed and hauled off to the Redford police jail and later transferred to a Midland jail. He was in court to witness another case when he, along with 4 other court watchers were ordered by the judge Kahlil to stand and give their names. After the Novi Township man was arrested, the other 4 court watchers were asked to do the same. All complied for fear that they too would receive jail time.

Prior to his Friday arrest, the Novi man had a criminal complaint, judicial misconduct, malfeasance of office and deprivation of rights charges filed against Judge Kahlil and it is suspected that she was using her authority in retaliation for his legal action against her. No such order was issued for the other four court watchers.

* * * * * * * * * * * * * AFFIDAVIT for Court Watchers * * * * * * * * * * * * *


AFFIDAVIT State of ____________      )
                                                                  ) SS
County of ____________                         )


“Indeed, no more than (affidavits) is necessary to make the prima facie case.” United States v. Kis, 658 F.2nd, 526, 536 (7th Cir. 1981); Cert Denied, 50 U.S. L.W. 2169; S. Ct. March 22, 1982


That I, _____________________, a living breathing man (or woman), being first duly sworn, depose and say and declare by my signature that the following facts are true to the best of my knowledge and belief.

     THAT, on

     THAT,

     THAT

     THAT,

Further Affiant Sayth Not.

Done this _____day of June 2012 A.D.

                                                                                               ________________________________                                                                           (Your name) - Affiant
     

ACKNOWLEDGEMENT

SUBCRIBED TO AND SWORN before me this _____day of ________________, A.D. 2012,
a Notary, that______________________, personally appeared and known to me to be the man (woman) whose name subscribed to the within instrument and acknowledged to be the same.

_____________________________ (Seal)
Notary Public in and for said State
     My Commission expires; ___________________