RISE AND DON

By Don Kilam | DK’s Private Business Circle

THE FIRST APPEARANCE IS THE ARRAIGNMENT. The moment you open your mouth to enter a plea, you have granted them formal jurisdiction over you. That is the whole game. If you intend to win, YOU DO NOT ENTER A PLEA.

To make this work you must memorize it and SPEAK IT OUT LOUD, over and over, until it is fixed in your mind and on your tongue. It has to become so clear that you do not have to stop to think. You stay in control of the script at every moment.

Here is how it works, in order, and here is exactly what you say.

PART 1: THE FIRST QUESTION AND YOUR FIRST ANSWER

The judge’s first question will be something like “Do you understand the charges against you?” or “How do you intend to plead?”

YOUR ANSWER:

> “No, I do not understand. I cannot enter a plea until I get answers to some questions.”

The judge will likely be irritated and will try to intimidate you. Politely inform him that you need answers to questions before you can enter your plea. Tell him YOU DO NOT UNDERSTAND THE NATURE AND CAUSE OF THE ACTION BEING TAKEN AGAINST YOU.

Once the judge agrees to answer your questions, your first question is:

> “WILL THIS BE A CIVIL PROCEEDING OR A CRIMINAL PROCEEDING?”

PART 2: IF HE SAYS CIVIL

There is a very slim chance he answers civil. If he does:

> “Thank you, Your Honor. Let the record reflect that this is a civil proceeding.”

Then:

> “Your Honor, since this is a civil proceeding, I move to dismiss for lack of a verified complaint from an injured party and for lack of any injured party present.”

PART 3: IF HE SAYS CRIMINAL — THE JURISDICTION TRAP

Most likely the judge states it is a criminal proceeding. Your response:

> “Thank you, Your Honor. Let the record of this court reflect that this action against me is a criminal proceeding. Now, I have another question.”

THE QUESTION:

> “Your Honor, the Constitution grants this court two different criminal jurisdictions. One is criminal jurisdiction under the COMMON LAW. The other is criminal jurisdiction under ADMIRALTY or a MILITARY COURT under ARTICLE 1, SECTION 8, CLAUSE 17 of the Constitution. Under which of these two criminal jurisdictions does the court intend to try me?”

Do not panic if you cannot remember the article, section and clause. You will master it once you practice. If you are afraid of getting it wrong, keep short notes with that clause number on them.

If the judge gives a specific answer, say again:

> “Thank you, Your Honor. Let the record of this court then reflect that this action against me is a criminal proceeding under the jurisdiction you have answered.”

DO NOT EXPECT AN EASY ANSWER TO THIS QUESTION, BECAUSE YOU HAVE JUST EXPOSED THE COURT’S FRAUD. The truth is they operate under a military court they have no right to use against you. But the judge cannot say that. And he cannot say common law either, because then you move to dismiss for lack of a verified complaint from an injured party and no injured party present — exactly as you would if he said civil.

Every answer he can give costs him the case. That is the trap.

PART 4: THE INJURED PARTY AND THE WRONG COURT

When you object to the absence of an injured party, and if the judge is naive enough to say the state you are in is the injured party, say:

> “Your Honor, I move to dismiss this case. WE ARE IN THE WRONG COURT.”

If the state is a party to the case, IT CANNOT BE BOTH JUDGE AND PROSECUTOR AT THE SAME TIME. That case must be moved to a federal court or dismissed.

PART 5: WHEN HE TELLS YOU TO GET A LAWYER

Most likely the judge will try to dodge the answer and tell you to get a licensed attorney for such legal advice.

YOUR ANSWER:

> “Thank you, Your Honor, but I do not believe you would violate your oath of office by performing your duty under the Constitution.”

> “I am not requesting legal advice. What I want to know is the LEGAL INTENT. I have the right to appear in my own person, in my private capacity, without a licensed attorney. And in order to defend myself intelligently, I must know the jurisdiction under which this court operates, because the rules of criminal procedure under the common law jurisdiction are entirely different from the rules of criminal procedure under admiralty or a military court. I need to know the jurisdiction under which you intend to try me so that I can proceed in this case.”

> “The Sixth Amendment gives me the right to know the applicable jurisdiction and gives YOU a duty to inform me of it, and I do not believe you would violate your oath of office by performing your duty. So would you please answer the question so that this court can be properly identified?”

PART 6: THE RECORD, WHEN HE KEEPS PUSHING

If the judge keeps responding by telling you to retain an attorney:

> “Thank you, Your Honor. Let the record of this court reflect that I, [PUT YOUR NAME HERE], the defendant in this criminal action, have requested that the court disclose the nature and cause of the charge, based on the authority of the Sixth Amendment, and that this court has failed in its duty to inform me of the nature and cause of the action. Furthermore, let the record also reflect that this court intends to bring this action against me under a SECRET JURISDICTION KNOWN ONLY TO LICENSED ATTORNEYS.”

PART 7: THE INVENTED “LEGAL JURISDICTION”

At this point the judge may claim this is a LEGAL STATUTORY JURISDICTION under the state statutes where you are.

YOUR NEXT STATEMENT:

> “Thank you, Your Honor. Let the record of this court reflect then that it intends to conduct a criminal proceeding against me under a legal statutory jurisdiction. But, Your Honor, that raises another question. I have never heard of anything called a criminal proceeding under a legal statutory jurisdiction, and no such jurisdiction is set out in the Constitution. I would be happy to accept this, Your Honor, IF YOU WOULD TELL ME WHERE I CAN FIND THE PUBLISHED RULES OF CRIMINAL PROCEDURE UNDER A LEGAL STATUTORY JURISDICTION, and where the information as to the nature, cause and jurisdiction exists. It is essential that I obtain the published rules of procedure so that I can prepare a fair defense in a fair trial.”

Understand this: THE JUDGE MADE THAT JURISDICTION UP. There is no authority granted to a legal statutory jurisdiction and there are no published rules for it. But do not expect him to tell you that. He must either LIE, DISMISS THE CASE, or ENTER AN UNLAWFUL PLEA ON YOUR BEHALF.

PART 8: THE CONTEMPT THREAT

In rare cases he may even threaten you with contempt of court. If he does:

> “Your Honor, I have no desire to be held in contempt of court. I am simply trying to exercise my right under the Sixth Amendment to have the nature and cause of the charges against me disclosed. I can provide case citations showing that the exercise of a constitutional right cannot be converted into a crime. Please either identify the legally established jurisdiction, or I will move to dismiss the case against me.”

PART 9: IF HE ACTUALLY SAYS ADMIRALTY

Unlikely, but still possible: the judge tells the truth and says the criminal jurisdiction is ADMIRALTY. If that happens:

> “Thank you, Your Honor. Let the record of this court then reflect that this court intends to proceed in a criminal action against me, [YOUR NAME], as a CONTRACTUAL AGREEMENT under admiralty jurisdiction as a military court pursuant to Article 1, Section 8, Clause 17. However, Your Honor, you must realize that you have NO JURISDICTION WITHOUT AN EXISTING INTERNATIONAL CONTRACT IN DISPUTE. I am not aware of having entered into any international contract, so I DENY the existence of any such contract. Would you please direct the prosecutor to inform this court whether such a contract exists, and if so, to produce it as evidence and explain how I am a party to it and bound to perform under it? If the prosecution cannot do so, Your Honor, I move to dismiss this case against me.”

PART 10: IF THE CASE IS DISMISSED

If your case is dismissed at any point, declare it:

> “Thank you, Your Honor. Let the record of this court reflect that case number [XX] against [YOUR NAME] has been dismissed.”

Then LEAVE QUIETLY. Keep your celebration to yourself outside the courtroom.

And if at any time you sense a good opportunity to move for dismissal, DO IT — even if it is not part of your prepared script. BE FLEXIBLE AND SEIZE ANY OPPORTUNITY THAT PRESENTS ITSELF.

PART 11: WHEN THE JUDGE OFFERS TO ENTER A PLEA FOR YOU

Suppose the judge has grown tired of your questions and decides to help you by entering a plea of NOT GUILTY on your behalf. OBJECT IMMEDIATELY.

> “Your Honor, I object. Entering a plea on my behalf is the PRACTICE OF LAW FROM THE BENCH, because entering a plea is MY function or my attorney’s function. HAS THE COURT REACHED A JUDICIAL DETERMINATION THAT I AM NOT GUILTY?”

NOW YOU HAVE HIM IN THE TRAP.

• If he says YES, he has admitted you are not guilty. Say: “Thank you, Your Honor. Let the record of this court reflect that the judge has issued a judicial determination that I am not guilty of the charges against me. Therefore, I move to dismiss this case because the judge has determined that I am not guilty.”
• If he says NO, it means he made no judicial determination. File a motion to WITHDRAW THE PLEA and to be allowed to present your own defense once you know the nature and cause of the case pending against you.

If the judge enters a plea of NOLO CONTENDERE on your behalf, object:

> “Your Honor, I object. Entering a plea on my behalf is the practice of law from the bench, because entering a plea is my function or my attorney’s function. I MOVE TO WITHDRAW THIS PLEA. Your issuance of a judicial determination that I am entering a plea of nolo contendere will cause the court to treat me as if I had admitted guilt. The court is attempting to force me into an unfair plea decision in the absence of my understanding of the nature and cause of the charges against me.”

PART 12: WHEN HE GRANTS A CONTINUANCE AND ORDERS A LAWYER

Suppose instead the judge grants you a continuance and demands that you obtain a licensed attorney. ASK:

> “HAS THE COURT MADE A JUDICIAL DETERMINATION DEPRIVING ME OF MY RIGHT TO DEFEND MYSELF IN MY OWN PERSON AND FORCING ME TO RETAIN A LICENSED ATTORNEY WHO COLLUDES WITH THE COURT TO TRY ME UNDER A SECRET JURISDICTION KNOWN ONLY TO THE JUDGE AND THE ATTORNEY?”

If you leave that hearing without obtaining a dismissal, MOVE TO STEP TWO: THE PRETRIAL MOTIONS ALREADY IN YOUR WRITTEN FILE.

• YOU MUST REQUEST A MOTIONS HEARING, or you may request that the motions be heard at the start of trial. Requesting a motions hearing shows the judge that you are not ready to be easily manipulated.
• Tell him you need to resolve some SUBSTANTIVE ISSUES before proceeding, and that these motions must be heard BEFORE TRIAL.
• AT A MOTIONS HEARING YOU CANNOT BE CONVICTED, BUT THE CASE CAN BE DISMISSED. Either way, when the motions are heard, EACH ONE MUST STAND ON ITS OWN AND BE HEARD AND RULED ON SEPARATELY. Do not just hand over five motions and let the judge deny them all at once. MAKE HIM RULE ON EACH ONE INDIVIDUALLY.

PART 13: THE FULL BACK-AND-FORTH, START TO FINISH

Rehearse this exactly as it goes down.

Q: “Do you understand the charges against you?”
A: “No, Your Honor, I do not understand. I need you to answer two questions. I need to understand the nature and cause of the charges against me. Will this case be heard under CIVIL or CRIMINAL jurisdiction?”

Judge: “Criminal.”
A: “Thank you, Your Honor. Let the record of this court reflect that this action against me is a criminal proceeding. Now, I have another question, Your Honor. The Constitution grants this court two different criminal jurisdictions. One is criminal jurisdiction under the COMMON LAW, the other is criminal jurisdiction under ADMIRALTY, or a MILITARY COURT, under Article 1, Section 8, Clause 17 of the Constitution. Under which of these two criminal jurisdictions does the court intend to try me?”

Judge: “If you do not understand the law, you need to retain an attorney.”
A: “Thank you, Your Honor, but I do not believe you would violate your oath of office by performing your duty under the Constitution. I am not requesting legal advice. What I want to know is the LEGAL INTENT. I have the right to appear in my own person without a licensed attorney, and to defend myself intelligently I must know the jurisdiction under which this court operates, because the rules of criminal procedure under the common law differ greatly from the rules of criminal procedure under admiralty or a military court. I need to know the jurisdiction under which you intend to try me so that I can proceed in this case. The Sixth Amendment gives me the right to know the applicable jurisdiction, and imposes on you a duty to inform me, and I do not believe you would violate your oath of office by performing your duty. So, can you answer the question so that this court can be properly identified?”

Judge: “This is a court of legal jurisdictions and the statutes of the state where you are.”
A: “Thank you, Your Honor. Let the record of this court reflect then that it intends to conduct a criminal proceeding against me under a LEGAL STATUTORY JURISDICTION. But Your Honor, that raises another question. I have never heard of anything called a criminal proceeding under a legal statutory jurisdiction, and there is no such reference in the Constitution. I would be happy to accept that, Your Honor, if you would tell me where I can find the PUBLISHED RULES OF CRIMINAL PROCEDURE under a legal statutory jurisdiction, and where the information as to the nature, cause and jurisdiction of the case exists. It is essential that I obtain the published procedural rules so that I can conduct a fair defense in a fair trial.”

Judge: “Listen, I’ll just enter a plea on your behalf instead of setting a trial date. I am entering a plea of NOLO CONTENDERE.”
A: “Your Honor, I OBJECT. Entering a plea on my behalf is the practice of law from the bench, because entering a plea is my function or my attorney’s function. Your issuance of a judicial determination that I am entering a plea of nolo contendere will cause the court to treat me as if I had admitted guilt. The court is attempting to force me into an unfair plea decision in the absence of my understanding of the nature and cause of the charges against me. I MOVE TO WITHDRAW THE PLEA AND TO DISMISS THIS CASE, because the court has FAILED TO ESTABLISH ITS LAWFUL JURISDICTION.”

Judge: “I deny that motion. Your trial date will be [date].”
A: “Your Honor, I would like to request a MOTIONS HEARING be set before the trial date, as I must resolve some substantive issues in order to proceed, and these motions must be heard before trial so that I can defend myself properly.”

THE BOTTOM LINE

The arraignment is not where you beg. It is where you make them prove they have the authority to try you.

You do not enter a plea. You do not accept their jurisdiction. You ask the two questions, you make them answer on the record, you object the moment they try to enter a plea for you, and you make them rule on every motion separately.

Every path they take is a trap:

• Civil means dismiss for no injured party.
• Common law means dismiss for no injured party.
• Admiralty means no international contract in dispute.
• An invented legal statutory jurisdiction means no published rules of criminal procedure.

There is no answer they can give that does not cost them the case.

SPEAK IT OUT LOUD. MEMORIZE IT. STAY IN CONTROL.

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