Courts’ cruel game against the citizenry’s rights of communication

Diana Watt is under indictment under the shipping, freight and transportation statute. She uses the roads not for shipping, freight and transportation, but for private purposes as a caregiver for the elderly. Like many others, she has no one to make a defense for her private use of the road. (Photo David Tulis)

People asserting their rights to travel face a cruel game by the courts and by police. 

By David Tulis / NoogaRadio 92.7 FM

It’s a switch-a-roo that imposes a commercial statute on noncommercial people and then, in Part 2, pretends confusion that one uses “commerce” — or “not in commerce” — as one fights criminal charges in sessions or cirminal court.

The state pretends universal commercial activity, pretends its commercial statute covers all users. Then it denies the argument that privilege, commerce and taxation are a part of the legal conflict to be decided by the judge or jury.

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The defendant who has best raised the matter in Hamilton County in recent memory is a welder from Chickamauga, Ga. Gregory Parker insists he was not involved in regulable, taxable activity as driver or operator of a motor vehicle in the criminal case leveled against him for use of his pickup truck. He recently began a similar defense in Walker County, Ga.

This tactic of confusion and amazement allows the prosecutor to throw his victim off track and keep his hired lawyer or public defender in the usual cage of ideas that deny human freedom and pretend that government power over the movements of the people is magical, omnipotent and unavoidable and thus not needing to be legally sourced.

The simple thing to remember is this: The state cannot have it both ways. If all activity subject to state enforcement is commercial, then it cannot play stupid when one of its victims argues that he (or she) is not involved in commerce. It cannot justly pretend that such a defense is illogical, fanciful and whimsical.

The state’s defense of its switcheroo practice is made in bad faith. It is violative of the rights of the people as protected by God’s law, the federal and state constitutions. Once understood, this tactic of having it both ways might be well challenged in court and brought to a halt.

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