Time: Mon Nov 25 21:53:19 1996
To: 
From: Paul Andrew Mitchell [address in tool bar]
Subject: Title 18 on military bases only?
Cc: 
Bcc: liberty lists

18 USC 1513 contains explicit language
extending this statute with "extra-territorial
application."  Now, you might ask yourself,
why is this qualifier not found in more 
statutes within Title 18?  So, at least
this one statute can be enforced within
the several States of the Union, unlike
the others which have no application
outside the federal zone.  So, I agree
with LeRoy, but only in part, because of
the obvious exception found in 18 USC 1513.
Confer at "inclusio unius est exclusio
alterius" in Black's Law Dictionary.
See also U.S. v. Lopez, S.Ct. (1995);
this is the really big case on this
subject.  

/s/ Paul Mitchell


>Date: Mon, 25 Nov 1996 19:27:55 -0800 (PST)
>From: Charles Stewart <chuck@teleport.com>
>To: Timothy Lee <timr@efn.org>, commonlaw@teleport.com
>Subject: Re: ComLaw> Appeal or Cert? (fwd)
>
>On Mon, 25 Nov 1996, Timothy Lee wrote:
>
>> Charles Stewart wrote:
>
>Ah, Mr Richardson,
>
>	So good to hear form you.
>
>	But a quick correction here sir, I did not wright this message,
>I only forwarded out what was composed by others.
>
>	You are echoing Rick Schramm, of Right Way Law, True?
>
>	And are you doing your Deprivation of Constitutionally Secured
>Rights Suits under title 42 or 18? LeRoy Schwetzer says that Title 18
>only applies on military bases, and I presume tha same holds true for 42.
>
>	And have you thought about Commonlaw Tort actions? And if not, why
>not? They seem as good as anything else to me. It looks from the books
>that they can do anything a t42 can do.
>
>	Your comments would be appreciated. Your welcome to respond to
>the entire list on this also, if you prefer.
>
>
>Charles Stewart . . .
>
>
>> > ---------- Forwarded message ----------
>> > Date: 25 Nov 1996 07:35:16 U
>> > From: John Burr <john.burr@qmail.eonetworks.com>
>> >
>> > John:
>> > Could you put this question out to your law mailing list?
>> >
>> > I have a friend who has done a title 42 against a bunch of the judges and
>> > local district attorney.  The scenario is basically this:
><snip>
>> > Does anyone see any good issues for Cert here?  We would like to get into
>> > the supreme court if possible.  How can we frame the Cert so that an
>> > appeal from the appellate court goes there as of right if we are denied?
>> >
>> > Your help is appreciated,
>> > Kevin Haddock
>> > Dixianne Hawks
>>
>>
>> 	Do NOT appeal this case.  In the 1st place, when you appeal, you as the
>> appeallant are certifying that EVERY MATERIAL FACT IN THE RECORD IS
>> TRUE; all you are "appealing" is some procedureal error.  The whole
>> appeal process was developed by judges, for judges and was designed
>> specifically to protect judges from an angry populace for mistakes on
>> the bench.
>>
>> In the 2nd place, appeals are not a right under the Common Law and in
>> fact there are rules and Supreme Court Case law which specifically state
>> that Citizens do not have a "right" to an appeal -- it is a process
>> which can be withheld or allowed at whim.
>>
>> Certiorari on the other hand is a process whereby the Judge gets to
>> certify the record as being complete, and then it is sent up to the
>> reviewing panel where both procedure and facts can be reviewed.  Once
>> the Certiorari is in, then you submit various writs of errors to the
>> reviewing panel.
>>
>> However, my guess is that this STILL won't do you any good as my guess
>> is that you filed the case in the "United States District Court" under
>> 42 USC
>> 1985 or 1983?  The Common Law as preserved in the Constitution must be
>> brought into the court properly and via procedure.  The United States
>> District Court is a court of the territories and doesn't have
>> jurisdiction to hear the case you are trying to bring.  They admit the
>> case of course, but then when they decide to judicially
>> rape/pillage/plunder, they can, since the venue and jurisdiction are
>> both wrong to begin with.
>>
>> We do Deprivation of Constitutionally secured rights suits regularly and
>> we teach the process too.  Drop me a line if you want to.
>>
>
>
      

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