That secret and powerful message

It may have been as much as thirteen years since I mentioned my unaccountable interest in Wacko Tax Protesters, but I am happy to see that The Tax Protester FAQ is still there and may even have been updated since 2002.

I was reminded of the Whole Area by a Wonkette piece, How Are The Feminists Keeping Men From Getting Laid Today? (Oh, Wonkette, you are so funny with the funny headlines and all), which refers in passing to one “Peter-Andrew: Nolan (c)”, whose distinctive use of punctuation reminded me of ol’ David-Wynn: Miller, author of such lyrical prose as:

~2 FOR THE EDUCATIONAL-CORRECTIONS OF THESE MODIFYING-COMMUNICATIONS ARE WITH THESE CORRECTION-CLAIMS AGAINST THESE FICTIONAL-ADVERB-VERB-USAGE WITH AN OPERATIONAL-METHODS OF A FICTIONAL-MODIFICATION-PARSE-SYNTAX-GRAMMAR.(8500-YEARS OF THE SYNTAX-GRAMMAR-MODIFICATIONS WITH EVERY LANGUAGE)

Now normally we would not publicly point and/or laugh at such things, because schizophrenia is not a fun condition to have in general, but it seems at least plausible that D-W:M is actually quite sane, since although his new kind of speech does have the power to bring about world peace, since

~39~a FOR THE DUTY OF THESE QUANTUM-MATH-PARSE-SYNTAX-GRAMMAR-COMMUNICATION-CLAIMS IS WITH THE CORRECTIONS OF THE WRONG-WORDS IN THE NOW-TIME WITH THE MISSING-WORDS-HISTORY OF EVERY COMMUNICATION-TRANSLATION-WORLD-WIDE WITH THE CLAIM OF THE COMMUNICATIONS AND LANGUAGE-FRONTWARDS AND BACKWARDS WITH THE TRANSLATIONS BETWEEN THE FOREIGN-LANGUAGES WITH THE CLAIMS OF THE FACTS AND MEANING FOR THE PRICELESS-PEACE BY THE TREATIES BETWEEN EVERY COUNTRY.

the main point, or at least the thing he is by far most famous for, is the claim that if you use this ummmm language you don’t have to pay your taxes, or really obey any laws at all that you’d rather not, because after all

~76 FOR THE CONSTRUCTIVE-TREASON OF THE CONTRACT IS WITH THIS CLAIM OF THE DUTY AND AUTHORITY WITH THE SURRENDERING OF THE TRUTH-COMMUNICATIONS-CONTRACT INTO THE FICTION-STATE WITH THE FICTION-FRINGE-FLAG WITH AN OATH AND COMMUNICATION-CLAIMS OF AN OATH IN THE TRUTH, ALSO KNOWN AS THE DUTY BY THE SUPPORTING OF THE U.S.: W.C.-CONTRACT WITH THE CONSTRUCTIVE-TREASON BY THE DEFINITION WITH THE KNOWLEDGE WITH THE VOLITION BY THE DAMAGE: TITLE: 4: U.-S.-C.-S.-~THREE~3 OF THE FLAG OF THE U.S.C. BY THE FORMING OF THE JURISDICTION OF THE FICTION/FOREIGN-STATE-COMMUNICATION WITH THE CONTINUANCE OF THE DAMAGE OF THE CLAIMS AND RAPE OF THE CLAIMANT/ BY THE OFFICERS OF THE COURT.

and so on.

(Oh my just stumbled across his translation of the Lord’s Prayer; should I reconsider my thoughts on his mental condition?)

Anyway, it turns out that this is no longer, or perhaps never was, just a USian thing, but has also infested Canada and other FICTION-STATEs.

Here is an amusing weblog entry on the subject from our neighbors to the North: How Not To Manage a Bankruptcy or Income Tax Case, which led me I think to the text of Meads v. Meads, 2012 ABQB 571 (CanLII) which is a very nice overview of the whole Wacko Tax Protester situation by an actual judge writing actual legal reasons and stuff.

I have not finished reading through that yet.

(One of the scammier scams is the claim that if you get a bill or anything else really, you can just write “Accepted for Value” on it, and sign it, and send it back, and you’re all done. This is clearly stupid, but for some reason web sites like this are out there attempting to get the extremely gullible to pay money to find out exactly how to do it. I wonder how many bills they get back with “Accepted for Value” written across them, and how they feel about that.)

Now on the other hand I can’t be too tough on people who actually think that there are secret legal facts that the legal establishment is conspiring to keep from the common people, because it happens to be the case that there are secret legal facts that the legal establishment is conspiring to keep from the common people.

One of the things what was noted just in passing in something linked from something above was a list of various other wacko pretend-legal groups, and one of them was “the Fully Informed Jury movement” or other words to that effect.

And that drew me up a bit short, because unlike the wackos trying to convince people that if you attach signed postage stamps to your clothing you are effectively royalty (really!), the fully-informed jury folks are trying to convince people of something that is in fact true.

To quote from the article that was linked from whatever it was I found this mentioned in, the Journal of Criminal Law and Criminology, Volume 88, Issue 1, Article 8 (Fall 1997), Populism, Free Speech, and the Rule of Law: The Fully Informed Jury Movement and its Implications, by one Erick J. Haynie:

It has long been recognized that juries have the power to render verdicts inconsistent with the criminal law. Since jury acquittals are never subject to appellate review, a “not guilty” verdict will always be final regardless of the jury’s reasoning or its interpretation of the facts.

Which is to say, when you are on a petit jury and the judge instructs you that you are allowed to determine the facts of the case, but must strictly obey his pronouncements on the law, he is well sort of maybe lying just a bit, because in fact you can acquit for whatever darn reason you want. But the lying is in a good cause!

The great distinction in American jury nullification doctrine, however, is that while juries enjoy an unrestrained power to nullify the law, courts almost universally forbid this power to be explained to juries. The prevailing view among jurisdictions is that affirmative instruction on the ability to nullify would lead to lawlessness in the jury decision-making process.

That’s Haynie again. Isn’t that nice? Can’t trust juries to act reasonably if they knew the truth, so we’ll just conceal it from them. Otherwise it’s the End of Everything!

For a jury that is taught the legal reality that, no matter the facts of the case, an acquittal verdict is unreviewable and a guilty verdict will be given much deference on appeal, will also understand that it has nearly absolute power to determine questions of life, liberty, and property however it pleases. At that point, law is no more.

Welllll… This doesn’t seem all that blindingly obvious to me. (Especially since they can only acquit unreviewably, not convict.) Surely there is a position between “lie to people and keep this fact secret” and “tell them they can just do whatever the heck they want”. More on that below.

Our Haynie considers; what are we to do about this? Action is clearly required, now that people can find stuff out on the internet! And there’s even this Fully Informed Jury Association that is trying to tell people this true thing in an organized way omg!

(Their website does sound a little close-to-the-edge here and there; but imagine the feeling of finding yourself in the middle of a conspiracy-theory scenario that turns out to be true! Brrrr.)

Anyway, Haynie again, clutching his pearls:

Silencing attorneys and refusing nullification instructions, however, is no longer an adequate solution to the nullification problem. With the rise of FIJA, judges are no longer the sole gate keepers of that secret and powerful message. Consequently, as the FIJA movement continues to grow it will become necessary for the jurisdictions to develop new approaches to the nullification problem that are more mindful of juror awareness of jury nullification.

Yes, new approaches, that’s what we need!

Fortunately and amusingly, of the various possible new approaches Haynie considers, all of them, except for making it harder for FIJA types to actually throw information at jury members on courthouse grounds, turn out to be unworkable and/or clearly unconstitutional.

(And at this point I begin to suspect that Haynie is a genius of gentle satire, and he’s actually pointing out that the project of keeping the “secret and powerful message” under wraps is actually doomed.)

His conclusion:

And so time will march on until either FIJA withers into nothingness or the rule of law comes to have “about as much force as the Cheshire Cat’s grin.” True lovers of liberty will fear the latter over the former. Anarchy is no better friend of freedom than an overreaching government.

Quite the doomsday scenario! The assumption here is that if people find out from the evil internet that they are allowed to vote Not Guilty just because they think the law is unjust, say, they will start capriciously acquitting people randomly right and left, and it’s Game Over for law and order.

And if you have that low an opinion of potential jurors, you must be pretty unhappy that we have juries at all! Let alone Grand Juries! Why, those people could do anything!

I think in actual practice there are all sorts of jury instructions that could acknowledge the nullification power without messing anything up. Top of the head:

I’ve just explained to you that you are here to determine the facts of the case, and have a duty to follow my instructions as to the law. There is one exception to this: if the facts of the case and the law are such that the accused did violate the law beyond a reasonable doubt, but that in this instance a guilty verdict would be gravely unjust, so that you in good conscience simply cannot vote to convict, you have a duty to vote to acquit. Be aware that this is an extremely rare situation; District Attorneys work very hard not to bring you such cases, and judges work very hard to make sure that when one slips through, we catch it before it gets to the jury. But just for completeness, I mention this here.

All right, that exception aside, to return to what I said a moment ago…

And yeah I’m sure that that has big holes in it since I Am Not A Lawyer and I only thought about it for like ten minutes, but something like it seems plausible to me.

Better than lying to people and just hoping that they don’t find out the truth and bring about The End of Everything, anyway…

But you still have to pay your taxes!

Advertisements

One Trackback to “That secret and powerful message”

Hm?

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

%d bloggers like this: