Noxciyn said:
You committed a serious felony. You sold drugs to an undercover Federal agent, for the purpose of creating funds.
The problem I have is that that isn't a serious felony. I don't even believe it to be a misdemeanor (no crime) - as the allegation is merely that I exercised my property rights without proper license.
The court - and other parties - assume that drugs can be controlled by the government, regardless of ownership of the drugs in question.
This is exactly what I'm challenging.
If I really committed a SERIOUS FELONY (I.e. armed robbery of ($25,000) $10,000 or more with(out) a weapon discharge - placing me at the SAME offense level as profiting around $1,300 from CONSENSUAL sales of my private property) then I would feel bad about what I've done.
As I haven't (in my eyes) committed a SERIOUS FELONY - and, as my research has convinced me (if no one else), I haven't even committed a legitimate crime, I don't see how giving in to my oppressors is a viable option.
What exactly am I supposed to be dealing with? Prison? That's nothing more than an increase in the physical restrictions already upon me.
My mind is already confined - and my movements are already limited.
Prison is merely moving to a smaller cage. I'm not free now.
As a result, the DEA have charged you with a crime for which you will be convicted and for which you will serve a term of incarceration in a United States Penitentiary.
FBI, but that doesn't matter. They're charging me with "possession with intent to" and 5 counts of actual "distribution" of a "controlled substance"
Yet they fail to show the source of authority to CONTROL property they do not own.
If one has no RIGHT to property, or RIGHTS are granted by government to the people, fully subjected to the whims of the government and revoked accodingly, then their assersion that I was "UNLAWFULLY" in possession of property they retain ALL RIGHTS to are valid.
Under the Constitution, this is plainly not the case.
The court has refused to recognize any "right to property" that is NOT subject to governmental control. (Elimination at governmental whim)
This renders the 5th amendment void - as property can be legislated out of the hands of the owner for any reason at all, with or without due process... and the courts contend that "possession and distribution" are not fundamental aspects of one's rights of property.
This is the underlying issue that is ALWAYS ignored in drug cases.
The right to control drugs is assumed - and is not argued.
Gonzalez v. Reich - the main case quoted now days - DOES NOT CHALLENGE THE VALIDITY OF THE CSA. The Supreme court noted in its ruling that this WAS NOT raised as an issue - only the contention that private manufacture for private consumption IS interstate commerce.
That is ALL that Reich says.
In Reich - the CSA is taken on faith - the government CAN control drugs in interstate commerce.
I don't see how they can do this.
I've gone over this in depth before.
I don't know how to state it any more clearly... but you know me. I'll try.
The government raising a claim that I'm in possession of property I own - then taking said property from me at gunpoint, confining me, and passing judgment - for the purpose of depriving me of my rights as punishment for my "crime" - upon me...
It is equal to me taking your wallet from you at gunpoint, tying you up and keeping you somewhere against your will, and subjecting you to punishment for having your wallet to begin with, allowing me to deprive you of further rights, and make use of whatever other property you have (take your house, car, etc...)
This is CRIMINAL if I do it, and it is no better if it is committed by the state.
Government cannot commit crimes - as all powers of government are derived from the rights of the people... See the ruling in Olmsted - no prohibition officer is given any authority to commit any crime.
The terms of appointment of federal prohibition agents do not purport to confer upon them authority to violate any criminal law. Their superior officer, the Secretary of the Treasury, has not instructed them to commit crime on behalf of the United States. It may be assumed that the Attorney General of the United States did not give any such instruction.”
The number of federal laws violated - to punish me for possessing that which I owned - are so numerous I don't have a complete list. Title 18 Chapter 13 Sections 241, and 242... and Chapter 95 section 1951 are just a start.
We haven't even gotten into the armed robbery (deprivation of property possession at gunpoint) yet. None of the "common" crimes depicted in the example above.
I cannot subject your property to my control without your consent - for ANY reason...
Unless your use/possession/distribution of your property violates my rights. (See Ron Paul's speech from last night - "No right to pollute our neighbor's air, water, etc..." Rendering the judge's "dangerous chemical" and "nuclear" arguments moot.)
This is the ONLY control of property NOT under Governmental ownership that Government can exercise.
Unless property is used to COMMIT crime, government has no authority to control that property without first compensating the owner.
Property rights ARE subjected to governmental control in this manner. My contention does not invalidate this control - it demands a CRIME exist prior to governmental reclamation of ALL property - negating the rights of ownership (depriving one of their property).
These are facts; this is a situation that hundreds of Americans find themselves in every single day.
The facts are NOT as you presume them to be.
The facts are that I OWNED property that the government claims I had no right to possess nor distribute... The nature of the property is irrelevant as no authority to control property NOT owned by it is NOT subject to the control of the state.
The government deprived me of my rights to my property under the claimed authority of the Interstate Commerce Clause.
The articles of the Constitution are limited by the Amendments.
The 5th Amendment prohibits depriving me of my property without due process of law. Legislative acts are NOT due process.
I'm am guilty of controlling my private property without PERMISSION from government, under a licensing statute.
Rights cannot be licensed to the people - and any such statute can be ignored with impunity. (Shuttlesworth v. Birmingham)
If I'm to be punished for exercising my rights - I am to become a political prisoner... I am not guilty of a CRIME.
This thread isn't a crutch - it's an attempt to understand my "crime" - to understand what WRONG I committed.
The court has yet to convince me I committed a WRONG.
The court has attempted to waive the requirement of RIGHTS violations in order for there to be a crime.
The court has attempted to waive the Standing requirement in order for the state to bring charges against me - or alter Standing to include hypothetical and conjectural harm (i.e. POSSIBLE criminal acts that MAY occur in the future).
All these things preclude jurisdiction of the court. The court is utterly without authority in this case.
There is no "coping" to be done when I am clearly being WRONGED by my government without just cause.
The government, with the support and consent of its constituents (congress), have established that MDMA is not fit for consumption because it fucks peoples shit up. On that basis, the government, with the support and consent of its constituents (congress), have declared MDMA as illegal, and have determined the possession and sale of that compound to be a felony.
But we do not have a democracy. We do not have a Congress capable of imposing its every will upon the people. Majority does not rule - and majority vote does not become law.
This is the fallacy that the people buy up - endorse - and believe in, but LAWFULLY this opinion is wrong.
We have a limited Constitutional Republic - where Congress is not above the law. Congress is just a collection of people that are all EQUAL under the laws of the nation.
Congress cannot - by majority consent - deprive ANY INDIVIDUAL of ANY RIGHT without due process. (5th Amendment - controls all grants of power to make law)
It is irrelevant that Congress decided this... Congress decided that...
The most Congress has authority to do is WARN people away from things Congress believes to be DANGEROUS.
Skydiving is perceived to be DANGEROUS - yet Congress cannot prohibit it.
Cars are perceived to be DANGEROUS - yet Congress cannot prohibit them.
Alcohol is perceived to be DANGEROUS - yet Congress cannot prohibit it. (21st Amendment Controls - authority of prohibition does not exist without Constitutional Amendment - precedence is 18th)
Drugs are perceived to be DANGEROUS - yet Congress cannot prohibit them.
If Congress can prohibit the exercise of one's property rights, legally deprive ALL citizens their rights to possess and distribute their property regardless of ownership, Congress has no limits, has become destructive of the rights of the people it is tasked with protecting, has violated its contract with the sovereign people, and needs abolished (by right and DUTY of the people (Dec. of Indep.)) immediately.
It's very brave and noble to express your lack of faith in the system, your martyrdom for the drug war, and to fight the Government in the courts with case law, constitutional argument, moral outrage, whatever, until your last breath. But you and i both know that doing so is nothing more than a coping mechanism, you are in denial, and you are a scared boy staring down the business end of a prison term that you will not do with any measure of ease. Please respect and embrace the advice of bluelighters, your attorneys, and anybody still listening. Please, for your own sanity, contact me even. This is real, its happening. Wake up.
My faith in the system has been shattered - but this doesn't matter.
It isn't martyrdom. It's demanding my RIGHTS be respected by criminal elements inside the government. It's an act of self-preservation.
Without any rights, I am not a person. Without being a person, there is no point to life.
If the government is to take from me all that I am, why would I not fight to retain that which I may salvage from this incomprehensible attack upon me?
Prison doesn't scare me.
I live in a 8X7 room, infested with roaches (though I've spent more on poison the last two weeks than I have on food... Haven't seen one in a while), without a locking door, without a kitchen, without a TV, without a private bathroom...
And pretrial - along with the prosecutor and my attorney - have prohibited me from attending public places/functions where drugs MAY be in use.
Logically, this means I can't walk to the $0.99 store across the street - as there are generally homeless people on the sidewalk smoking pot out front.
I'm working 40 hours a week in a job that's not getting me anywhere, and spend over 1/2 my wages on rent. The rest goes towards food and my cell phone that I hardly use.
I'm left with around $15 - $20 a week to do what I want with. Things go wrong. What I save disappears.
If anything, prison will be an improvement - as my room and board will be taken care of... I'll be able to spend time pursuing an education - rather than means to simply exist. I'll be in a position to better myself, while subjected to only the slightest increase in physical constraint.
I don't have a high standard of living. I don't have a car.
I don't go out. I don't see people. I no longer see my family or friends. I'm isolated from the physical world nearly entirely.
The only thing I'll be losing in prison is my virtual contact with the outside world - which at this time amounts to posting here, myspace, and an occasional email (generally an argument with my mom.)
My life has LITERALLY been destroyed by my arrest and subsequent quelling of all my freedoms and liberties.
I have nothing left to give up but my body - and that will be a respite, as it will no longer be my responsibility to care for.
This thread - these boards - and the internet ARE a crutch - for dealing with my separation from society forced upon me by criminals with guns and a desire to keep me under their control through whatever means they find necessary.
The possibility of ending up in prison has been addressed. It doesn't bother me. (Much.)
I'm too tired to be angry.
I'm too frustrated to really care.
And I believe myself to be imprisoned - probation, prison, or "free"
Even if the charges were dropped tomorrow, the continual presence of THE STATE that denies people their most basic rights under guise of protecting the people from themselves would weigh upon me.
Crush my mind and spirit.
And I would continue to fight against the oppression until it had lifted completely, or they had taken my life.
I've tried to play by their rules - and they change them.
I've read the script on camera - but they're cutting off my head anyway.
There is no coping with that. There is only a simmering anger, a growing distrust, and a desire to prevent the rampant destruction of one's life from occurring again - to anyone else. Especially those you care for.
My family (non-drug users) and friends (mostly drug users) are still subjected to the mistreatment of these criminal oppressors.
I won't allow their power to go unchecked. I won't lay down my arms, go willingly to their prison, and know that my family and friends remain in their cross hairs - waiting to be torn down by bullets or raped (not only sexually, but in all ways - (rape being defined as "control" over another against their will through use of force - property, monetarily, mentally, etc), and enslaved by MASTERS that cannot exist under the laws of the land.
Possibly my anger is a crutch.
I don't know. I've never been angry, frustrated, nor as tired as I am right now.
I deal with stress by sleeping - and I've only been getting 2-4 hours of sleep a night.
I can't sleep any more. I don't self-recognize any more.
I'm a stranger living the life of someone I once knew - I'm not "me"
I don't ever see getting "myself" back.
There's no reason to cope. No reason to worry. They can do what they want with what's left - the shell of my body.
I'm too tired to keep playing their games...
But I don't have a choice.
I just want to have the rules changed so that no one else is ever destroyed.