One thing that backers of the modern state may not realize is that with the expansion of the state’s interest into all areas of life, it also absorbs “criminal elements.”
These people who would otherwise be involved in criminality for private gain shift their allegiance to perform criminal acts in favor of the state and its revenue collection program.
Think, for example, of state troopers and the racket of traffic enforcement. Not traffic enforcement upon commerce, but upon private travelers using the roadways by right.
My daughter Abigail was convicted of reckless driving in Virginia in a Feb. 27 trial in which the trooper had no compunction of perjuring himself. Perjury to win a minor traffic case, so small a matter that it is heard without right of jury? District court judge Travis Lee, impressed at his testimony, found her guilty of “improper driving” and fined her a whopping F$500.
Trooper Frye said that Abigail was traveling at 50 miles an hour when he arrested her at 11 p.m. on her way to Soddy-Daisy days before Christmas with family. This was the worst thing that she did (she also was looking down at the lit screen of her console, fiddling with a radio knob). Because the judge was intent on finding her guilty of something, he made a series of hilarious statements and findings.
Because Abigail was traveling at 50 mph in a 70 mph zone, and using her radio, these were highly dangerous acts, especially because some people are traveling on the highway at 120 mph, and her slow speed made that combination dangerous.
“Some people are on the road doing 120 mph, even 140 mph, and it’s extremely dangerous to be doing 50,” he says.
If that’s not good enough, the kangaroo court’s finding of guilt in “a lesser included charge” is illegal because there is no antecedent statute creating a known legal duty of “proper driving.” A penalty statute cannot simply be hanging in the air, without being based on an existing rule creating a liability or duty. And to convict someone on a charge not alleged and not defended against — simply amazing.
Predator state, revenue racketeering
The action against Abigail Tulis helps us see how state rackets work. Brandon Frye perjured himself on the stand, and harassed Abigail and me in separate encounters moments after the trial. We filed complaints against him, which were “investigated” by his bosses. They did not look into our perjury claim, as that is “judicial” and their authority is administrative.
The trooper lied on the stand and the judge conspired with him to do so, using the preponderance of evidence standard against Abigail and not the beyond probable doubt standard required in criminal matters. The judge and the trooper work together to bring revenue to the county and the state.
Abigail was fined $500 the maximum amount for standing her ground and giving an admirable performance based on her three years as a homeschool mock trial activist.
When the modern messianic administrative state can do no wrong and has the fervent belief of the people, criminal elements such as Brandon S. Frye, a trooper, answers its call to service and find their niche in the ranks of state employees, which number 106,000.
The courts and police run a racketeering enterprise, an extortion business. Due process was absent in almost every point. Judge Lee denied her numerous rights offhandedly, starting with counsel of her choice and an evidentiary hearing. I pray that Abigail’s appeal will win a hearing in the circuit court, or, if not there, in the court of appeals — where its arguments for the rule of law could make a profound difference for tens of thousands of victims of this highwayman program on I-81 and other ribbons of travel and commerce lacing the countryside.
Redeeming sinning institutions in TN
My racial reconciliation project in Chattanooga has this large economic reality in view. The state and its hangers on, from insurance companies to county governments, run a moneymaking machine that cares nothing for justice and wrongs. Because blacks and the poor are most abused by phony traffic enforcement in Tennessee, I am working openly and noisily on their behalf. That’s what God’s requires, that we in the city look out for injustice aimed upon the weak and disenfranchised.
It’s called Tennessee transportation administrative notice. A second public notice project, fired off April 15, supports it by pointing out municipal liability of the warrantless arrest statute is violated (which, believe it, it is).
My work as member of the press and Christian is to put employees and agents of government corporations on notice about the constitutions’ protections and about limits in the law. Once notified, these men and women are personally liable for bad faith and malicious oppressive acts. Tennessee has an excellent citizen-friendly statute at Tenn. Code Ann. § 39-16-403, official oppression.
By declaring good ole Tennessee law and good ole Tennessee constitution, we can bring an end to Tennessee’s jobs programs for gangsters. And maybe, if God blesses, Abigail’s appeal into Virginia courts will save tens of thousands of people in the future the distress if she can prevail as a matter of law.
Law, yes, because the court system that consumes thousands of people every year is without law.