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Sovereign citizens disavow legal system, make bogus filings aimed at police, judges

Dave Stafford
January 30, 2013
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Martin Jonassen describes himself as a sovereign citizen, one of a loose affiliation of people who believe most laws don’t apply to them. Adherents also strive to make life difficult and sometimes dangerous for law enforcement and the judiciary, and Indiana lawmakers have taken notice.

Jonassen will be sentenced Feb. 19 in the U.S. District Court for the Northern District of Indiana, Hammond Division, where he was convicted last year of kidnapping his adult daughter in Missouri with the intention of taking her to Michigan. Jonassen was arrested in Portage in 2011 after police found him trying to drag his daughter back to a hotel room from which she fled, nude, across U.S. 20 to a nearby liquor store, where she had pleaded for help. Jonassen also was convicted of obstruction of justice for later trying to persuade his daughter in numerous phone calls from behind bars to recant her testimony against him.

sovereignIn a span of about 15 months after his arrest, Jonassen filed more than 180 pro se motions, according to court records. Judges warned him repeatedly to stop filing duplicative and frivolous motions, but the baffling, often harassing handwritten pleadings continued. One motion, for instance, is titled, “Gov. Admits to Withholding Evidence, And Gives Support to Fathers Freeman Protections, And Secured Religious Beliefs, Rights, Priviliges, (sic) And Immunities Clause Constitutional Question Tort 17 USCA Sect. 101, Etc. Motion.”

“As a general matter, these people absolutely flood the courts with hundreds and hundreds of documents that actually have no basis in law,” said Mark Potok, a spokesman for the Southern Poverty Law Center, which has tracked the movement and, along with the FBI, considers adherents a domestic terrorism threat. “It’s put an enormous strain on the judicial system.”

Such sovereign citizen tactics are a component of what the SPLC and many in law enforcement dub “paper terrorism.” Another common tactic identified with the movement: Carrying out vendettas by filing bogus liens on property owned by judges, prosecutors, police or other government officials and attorneys.

thomas-wyss-mug Wyss

Sen. Thomas Wyss, R-Fort Wayne, said he’s aware of four Indianapolis Metropolitan Police officers and a judge in northern Indiana who’ve been victimized, and he believes there are bound to be others. “I think it’s imperative we do protect those people who are lawfully doing their jobs and being harassed by people because of some fluke in our law that allows them to,” he said.

Wyss and Rep. Greg Steuerwald, R-Danville, introduced companion bills, Senate Bill 234 and House Bill 1054, giving the secretary of state the ability to refuse to accept filings or recordings that may be unauthorized or believed to be false or fraudulent. Wyss said he hopes final legislation will be amended to give that same ability to county recorders. As of Indiana Lawyer deadline, Steuerwald’s bill had been approved by the House of Representatives and moved to the Senate, and Wyss’ bill was awaiting a hearing before the Committee on Civil Law.

Indiana Prosecuting Attorneys Council Executive Director David Powell said the organization supports the legislation. “It’s not endemic, but anybody who’s had one of those liens or had to deal with those issues, it’s isolated, but when it does occur, it is a very big deal to them.”

boyne-shawn-mug Boyne

Two people with direct ties to the sovereign citizens movement have been convicted in U.S. District Court for the Southern District of Indiana on charges of possession of false identification and possession of a firearm by a felon, a spokesman said. A third is charged with production of false identification documents.

Georgia last year passed a law making it a felony to file fraudulent liens against public officials or employees. The legislation offered by Steuerwald and Wyss contain no criminal provisions.

Wyss, who has worked on issues related to state and federal homeland security, said the measures were a direct reaction to activities of sovereign citizens. In a few cases, followers have resorted to violence. In 2010, a father and son, self-described as sovereign citizens, shot and killed two police officers in West Memphis, Ark. Officers stopped the car because it bore a phony Ohio license plate; the father and son were later killed in a shootout with police.

“Too often people think of terrorism as violent extremism coming from the Taliban or al-Qaida, when in fact we have homegrown violent extremists,” Wyss said.

Potok said after the West Memphis shooting, the SPLC sent 55,000 copies of a roll-call training video on sovereign citizens to its Intelligence Report subscribers who are in law enforcement, but that wasn’t nearly enough. “In addition to that, we got more than 35,000 more law enforcement requests for the DVD. I think that just speaks to how widespread this is,” Potok said.

“The danger to law enforcement is that it is difficult to spot an adherent of this group,” said Indiana University Robert H. McKinney School of Law professor Shawn Marie Boyne, who teaches counter-terrorism courses. Sovereigns may carry bogus ID, use out-of-date language, and be belligerent or anti-Semitic, she said. But a movement historically rooted in white supremacy has gained a broader following.

 

soveriegnbp-2col.jpg Martin Jonassen, above, awaits sentencing in February after his conviction in federal court on charges of kidnapping and obstruction of justice. In about 15 months between his arrest and mid-January, Jonassen, a self-described sovereign citizen, filed more than 180 often rambling, handwritten pro se motions such as the one shown above. (Photo courtesy Porter County Sheriff’s Office)

“Today, members of the group are not confined to the demographics of the 1990s. They may be male or female, white, black, Hispanic, or Asian, young or old, college-educated or not,” she said. “They often cite the Bible, the first 10 amendments to the Constitution and the Magna Carta as the basis for this alternative legal system. Countless courts have heard the claims and have dismissed them as lacking merit,” Boyne said.

Boyne said leaders conduct “America Can Be Free” and “Advanced Enforcement” seminars that pledge to free followers from debt. “They also aggressively use the Internet, including Facebook and YouTube, to upload videos of seminars as well as templates of sovereign citizen paperwork,” she said.

Economic hard times help explain the rise of a movement that Potok said is “shot through with hucksterism.” Promoters of sovereign citizen legal theories and related schemes that promise easy fixes abound.

“Basically the movement says you don’t have to pay taxes, you don’t have to obey most criminal laws, you can get out of credit card debt and you can stop the bank from foreclosing,” Potok said.

“This is a movement that promises something for nothing,” Potok said, “and that is why I think it is the most rapidly growing part of the radical right today.”

“There is a real danger,” Boyne said, “that extremist groups like these will gain new members when elected officials themselves make bold statements challenging the authority of the government.

“The loss of a political center and reasonable civic discourse helps to create political alienation. The growing extremism within government and claims that the actions of government officials are illegitimate may help fuel the rise of groups like this movement.”•

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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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