Dogwalker's battle against Title 18

[Dezcad]

DW has filed a Motion and Memoranum of Law alleging that all of Title 18 is unconstitutional because it wasn't passed by Congress and the President.

http://www.scribd.com/doc/2208935/danny-2821

http://www.scribd.com/doc/2208968/danny-2822

Upon review, it appears he has taken this directly from this site and petition

http://www.nocriminalcode.us/

I bet DW doesn't realize that the petition filed by the No Criminal Code group has been rejected by the SCOTUS on 10/26/07 and the Petition for Rehearing to the SCOTUS was denied on 01/11/08.

[Judge Roy Bean]

I have the feeling there should be more organized activities for prisoners in federal custody. DW has way too much time on his hands.

[Imalawman]

DW has filed a Motion and Memoranum of Law alleging that all of Title 18 is unconstitutional because it wasn't passed by Congress and the President.

http://www.scribd.com/doc/2208935/danny-2821

http://www.scribd.com/doc/2208968/danny-2822

Upon review, it appears he has taken this directly from this site and petition

http://www.nocriminalcode.us/

I bet DW doesn't realize that the petition filed by the No Criminal Code group has been rejected by the SCOTUS on 10/26/07 and the Petition for Rehearing to the SCOTUS was denied on 01/11/08.

Its getting worse and worse. Now he's threatening the judge with liability for his actions if Danny doesn't get his way. Wow. he's going to be in jail a long, long time.

[Demosthenes]

It's a stinker argument every time another fool tries it.

United States v. Potts, NO. 07-3057, UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT, 2007 U.S. App. LEXIS 24498, October 5, 2007

In his motion, Potts contended that his criminal judgment is void because the criminal jurisdiction statute, 18 U.S.C. § 3231, was never enacted into positive law and is unconstitutional.

This argument is frivolous. Section 3231 of title 18 provides: HN4"The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States." Therefore, HN5where an indictment charges a defendant with violating the laws of the United States, section 3231 provides the district court with subject matter jurisdiction and empowers it to enter judgment on the indictment. The 1948 amendment to that statute, Public Law 80-772, passed both houses of Congress and was signed into law by President Truman on June 25, 1948. See United States v. Risquet, 426 F. Supp. 2d 310, 311 (E.D. Pa. 2006). Potts has provided no authority for his argument that there was a sine die recess between the votes of the House and Senate. Id. The cases he cited stand for the contrary proposition. The statute relied upon for jurisdiction in this case was properly enacted [*5] and is binding. Section 3231 provides the district court with subject matter jurisdiction over drug distribution and murder charges such as Potts'. See, e.g., United States v. Coles, 437 F.3d 361, 365 (3d Cir. 2006). The Court of Appeals for the Seventh Circuit did not, as Potts states, grant rehearing in United States v. Zambrana, No. 07-1169. On the contrary, the petition for rehearing and rehearing en banc was denied on July 12, 2007.

[Demosthenes]

PHILIP SAINSBURY v. TROY LEVI, et. al.
CIVIL ACTION NO. 07-cv-4545

18 U.S.C. § 3231 was enacted into law by Congress on June 25, 1948 by means of Public [*2] Law Number 80-772. 18 U.S.C. § 3231 has never been amended, and exists today in the exact same form that it existed in on June 25, 1948, and with the exact same words.

Petitioner claims that there was allegedly a sine die recess between the adoption of Public Law 80-772 by the House of Representatives and the adoption of Public Law 80-772 by the Senate, in violation of the United States Constitution. Various prisoners have made variations on this central argument, such as that the Speaker of the House and the President of the Senate allegedly met in one of their private offices during this alleged sine die recess and signed Public Law 80-772 into law without approval from their respective Houses, with the intent on their part to be deceptive. There are also variations on this central argument stating that the versions of Public Law 80-772 adopted by the Senate and the House of Representatives were allegedly not completely identical, and that therefore the statute was enacted in an unconstitutional manner; there are also variations on this argument stating that Congress's record-keeping concerning the events of June 25, 1948 was allegedly unclear and confusing, leading many prisoners [*3] to allege that something deceptive happened in Congress that day. Drawing upon these allegations, the argument is made that Public Law 80-772 was not enacted in a constitutional manner, and that therefore, every federal criminal conviction and/or sentence imposed by any federal court since June 25, 1948 is allegedly unconstitutional.

All of these aforesaid allegations concerning the adoption of Public Law 80-772 are simply untrue. United States v. Risquet, 426 F. Supp. 2d 310 (E.D. Pa. April 5, 2006)(Katz, J.).

The simple fact is that there was no sine die recess between the votes of the two Houses; rather, there was a simple inter-session adjournment between these events. The argument that Public Law 80-772 was adopted by Congress in an unconstitutional manner, and that the Speaker of the House and the President of the Senate were trying to trick or deceive the American people, is simply not the truth. United States v. Williams, 2007 U.S. Dist. LEXIS 764, 2007 WL 38080 (D. Kansas 2007); Lister v. United States, 2006 U.S. Dist. LEXIS 92361, 2006 WL 3751324 (N.D. Tx 2006); Cullum v. Fox, 2006 U.S. Dist. LEXIS 89551, 2006 WL 3691170 (E.D. Tx 2006); Martinez v. Gonzales, 2006 U.S. Dist. LEXIS 75837, 2006 WL 2982856 (M.D. Fla 2006); United States v. Lawrence, 2006 U.S. Dist. LEXIS 5501, 2006 WL 250702 (N.D. Ill. 2006); Derleth v. United States, 2006 U.S. Dist. LEXIS 45540, 2006 WL 1804618 (S.D. Tx 2006).

The [*4] United States District Court for the Eastern District of Kentucky has somehow traced the genesis of this untrue story to a letter written by a Congressional clerk named Jeff Trandhal on June 28, 2000 to a member of the public. The Eastern District of Kentucky has not discussed the context of Mr. Trandhal's letter, except to say that it concentrated on an allegedly unusual pattern of Congressional adjournments in June 1948; this letter led to this rumor, which has spread like wildfire to prisoners throughout the entire country. Mullican v. Stine, 2007 U.S. Dist. LEXIS 29884, 2007 WL 1193534 (E.D. Ky 2007); Campbell v. Gonzalez, 2007 U.S. Dist. LEXIS 23307, 2007 WL 1035021 (E.D. Ky 2007); Goncalves v. Gonzales, 2007 U.S. Dist. LEXIS 13167, 2007 WL 628142 (E.D. Ky 2007).

[Demosthenes]

Some of you might remember Jeff Trandahl's name from the recent Mark Foley page scandal.

[webhick]

I have the feeling there should be more organized activities for prisoners in federal custody. DW has way too much time on his hands.

I wouldn't doubt if the other prisoners are annoyed to the point of organizing activities for Danny. Unfortunately, they all end in mace and tears.

[tracer]

Get 'em World of Warcraft accounts.

Then you'll never hear from them again. (Except on the WoW forums, where they'll be complaining that Shamans are overpowered in PvP.)

[Agent Observer]

Get 'em World of Warcraft accounts.

Then you'll never hear from them again. (Except on the WoW forums, where they'll be complaining that Shamans are overpowered in PvP.)

Hah! Except now there's a US Government initiative to attempt to ID terrorists using online virtual worlds like WoW to communicate, so I'm sure we'd here from/about them again. Besides, they'd just come up with a campaign to show that Blizzard was unconstitutional, making death threats against company execs, and end up storming their HQ or something...

Oh, and Shammies are not even close to overpowered in PvP....

[Doktor Avalanche]

Hmm...can't quite put my finger on it but I'm thinking that DW's brother did not/would not straighten him out. :cussout:

[Disilloosianed]

Two things:

What happened to "Captain"? Now the poor man's just "Administrator."

Also, has anyone else ever seen the Encyclopedia Americana quoted in a brief before? Or much of anything, outside of a third grade report on the solar system.

[Prof]

Like most TP's and Militia types, Danny demonstrates not only "magical thinking" but a lack of critical thinking, as well.

How many normal folks are going to believe that title 18 was enacted into law in a manner than was procedurally improper and that the court's have ignored this problem for 50 years.

Further, what district court is going to hold the entire system in "default?"

I sometimes lurk at sui, and cannot get over what some of these folks believe about the UCC, property taxes, etc. The beliefs are based on no thinking -- because anyone who ever looked at the UCC, or state property tax law, or Eire RR would believe any of this gibberish.

What we have is a series of internet "research" rumors repeated over and over as if simple repetition would make these "theories" true.

[ErsatzAnatchist]

What we have is a series of internet "research" rumors repeated over and over as if simple repetition would make these "theories" true.

That is magical thinking, like beleiving saying "Candyman" or Beetlejuice" thrice in a row will make some evil being show up. Puh-lease.......

Hastur, Hastur, Hastur....

Hmmm.....

Didn't work.

[Agent Observer]

This would explain why the same types of people keep using the same types of ideas over and over, with the same results over and over.

Alot of these nutjobs are obsessed with hatred of the government/country and employ every conspiracy known to man as the reason. I think a great solution would be to give them exactly what they want: to be declared non-citizens and promptly escorted out of the country. ICE should then award the nutjob's citizenship to the immigrant at the top of the list waiting to legally get into the country. The immigrant will almost assuredly be an improvement over the nutjob's attitude and contribution to society.

Just my 2 cents...

[Prof]

This would explain why the same types of people keep using the same types of ideas over and over, with the same results over and over.

Alot of these nutjobs are obsessed with hatred of the government/country and employ every conspiracy known to man as the reason. I think a great solution would be to give them exactly what they want: to be declared non-citizens and promptly escorted out of the country. ICE should then award the nutjob's citizenship to the immigrant at the top of the list waiting to legally get into the country. The immigrant will almost assuredly be an improvement over the nutjob's attitude and contribution to society.

Just my 2 cents...

What he said.

[LDE]

Would someone care to explain for us lay folk what Title 18 is about?

[Demosthenes]

Title 1 is the Criminal Code.

http://www.access.gpo.gov/uscode/title18/title18.html

[Prof]

Title 1 is the Criminal Code.

http://www.access.gpo.gov/uscode/title18/title18.html

For the first time in all these years, I get to correct Demo!!!

Title 18 is the portion of the US Code which defines federal crimes and sets punishments.

(yeah, I know, it was just a typo.)

[Demosthenes]

Aaaah. I'm doomed.

[Mr. Mephistopheles]

... I think a great solution would be to give them exactly what they want: to be declared non-citizens and promptly escorted out of the country. ICE should then award the nutjob's citizenship to the immigrant at the top of the list waiting to legally get into the country. The immigrant will almost assuredly be an improvement over the nutjob's attitude and contribution to society.

Just my 2 cents...

Excellent point. I'll guess the nutjobs never read Hale's, "A Man Without a Country", in jr. high literature.