Courts-martial in California *

* The interroblast (made on a manual typewriter by backspacing and typing-over the question mark) signifies either surprised outrage or outraged surprise. An example is, "What?!", roughly translating: "The Heck you say?!" A legal analysis of the quasi- or pseudo- military courts currently claiming jurisdiction over civilians in California. Have you ever seen this flag in a Government building? Want to know why? If you need more information about Civilian display of the flag, go to: Title 36, United States Code, sections 170 and following.

"The individual may stand upon his constitutional rights as a citizen. He is entitled to carry on his private business in his own way. His power to contract is unlimited. He owes no such duty [to submit his books and papers for an examination] to the State, since he receives nothing therefrom, beyond the protection of his life and property. His rights are such as existed by the law of the land [Common Law] long antecedent to the organization of the State, and can only be taken from him by due process of law, and in accordance with the Constitution. Among his rights are a refusal to incriminate himself, and the immunity of himself and his property from arrest or seizure except under a warrant of the law. He owes nothing to the public so long as he does not trespass upon their rights."
Hale v. Henkel (1905), 201 U.S. 43, 47.

Having been to 'court' once as a defendant and having found it a mostly unpleasant and unproductive experience totally unrelated to Justice, I have done intensive legal research for my own use. You may find it interesting.

The United States appellate courts have held (since about 1990) that the gold-fringed flags currently displayed in their courtrooms do NOT represent an Admiralty jurisdiction. I believe that they may be telling at least part of the truth [in a strictly limited technical sense] to the extent that the flags that are displayed may not be Navy [Admiralty] flags, but might be Army [Martial Law] flags instead.

These flags seem to be a no-longer-authorized remnant of World War II.
I believe that we are currently being 'governed' in some totally unjustifiable quasi- [nt: as if it were] or pseudo- [nt: fake, de facto] military 'jurisdiction'.
Of course, I would hope that if these 'courts-martial' were actually displaying the Flag of Great Britain, of Spain, of France, or even of the United Nations, that every loyal American Citizen would refuse to patronize them and/or would immediately walk out of such a 'court' in disgust!

I believe the principles set out here are sound; I have "Shepardized" the cases to 1998; whether anyone could ever get one of these 'courts' to hear the argument is questionable given the current 'policically correct' agenda of the Government.

I believe for this approach to be effective, one MUST: (1) Enter the concepts of the Declaration into the Record (in writing, addressed to both the court and the opposing party, and sent to each by Certified Mail, Return Receipt Requested (or by Registered Mail) at least ten (10) days before the first time one physically goes to court to 'appear' for 'arraignment'.
(2) NEVER voluntarily physically pass through the dividing railing [the bar] in the courtroom.
(3) NEVER 'enter a plea' or allow anyone, even the 'judge', to 'enter a plea' on one's behalf.]
(4) NEVER plead 'not guilty'; if one is Innocent of the charges, first plead in Abatement; then Demur; only as an absolute last resort, plead 'Innocent'.

West's Ann.Cal.Mil. & Veterans Code (1998), Section 460 reads:

Each military court shall have the power of a superior court of this State to compel by subpena, subpena duces tecum, and attachment, the attendance of witnesses, both civilian and military, and the production of books, papers, and documents, and to punish for contempt a witness duly subpenaed for nonattendance or for refusal to be sworn or testify or to produce books, papers, and documents. Military courts may also take by commission the testimony of witnesses who cannot reasonably be produced at the trial in the same manner as a superior court.

Military courts may issue all process and mandates, including writs and warrants, necessary and proper to carry into full effect the powers vested in such courts. Such process or mandates may be directed to the sheriff of any county, any peace officer, the police of any city and the constables and marshals of any town or city, or to any officer or enlisted man appointed by the court to serve or execute the same. All officers to whom process or mandates are directed shall execute such process or mandates and make return of their acts thereunder according to the requirements thereof.

The keepers or warden of any jail shall receive the bodies of persons committed by the process or mandate of a military court and confine them in the manner prescribed by law. Except as otherwise specifically provided in this division, no fees or charges of any nature shall be demanded or required to be paid by the State, or any military court or member thereof, or by the person executing, or returning such process, or by any public officer for receiving, executing, or returning any such process or mandate, or for any service in connection therewith, or for receiving or confining the person in jail or custody thereunder. Minors shall be confined in a detention home or equivalent place of confinement, and shall not be confined in a jail with other persons. Persons committed by process or mandate of a military court shall not be photographed or fingerprinted unless such process or mandate expressly so directs.