General Comments June 2017

Comments that are not specific to a certain post should go here, for the month of June 2017. Contributions should relate to the cause and goals of this organization and please, keep it courteous and civil.

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Packingham v North Carolina was just released by SCOTUS. And it’s BEAUTIFUL!
https://www.supremecourt.gov/opinions/16pdf/15-1194_08l1.pdf

Outside of the obvious, that SCOTUS ruled in favor the registered citizen, the best passage within this opinion is:

“Of importance, the troubling fact that the law imposes severe restrictions on persons who already have
served their sentence and are no longer subject to the supervision of the criminal justice system is also not an issue before the Court.)”

GREAT DAY!

I’m in Florida but I just thought about something that could impact states like CA. etc… more so

STATIC-99

Why are the courts allowed to discriminate? doesn’t static 99 use age and sex in considering the results thus I’m thinking it is discriminating under United States Laws and other State Laws

This is wonderful news for all of us! This gives us all new hope for bigger reforms in the future. We need to find a path to get a case in front of SCOTUS to at least end the “public” registry.

JetBlue Airways Corp. and Delta Air Lines Inc. will test facial and fingerprint recognition technology at two U.S. airports to replace boarding passes and ID’s.

https://www.bloomberg.com/news/articles/2017-05-31/jetblue-tests-using-face-recognition-to-scrap-boarding-passes

This should make it even easier for them to enforce IML. I’m not sure why they will still need to mark our Passports when they can identify us quickly with this new technology.

Yeah Chris I am willing to take whatever amount of time to get this right..reasonable amount of time I should say because we have been waiting long enough and this Packingahm case just helps concrete my position that SCROTUS will rule in our favor at least on one or two of the issues I bring if not all…..We’ll get in court and I am sure that the lower courts will probably rule in our favor too.

I would like to suggest that everyone in this group add the state they live in to the end of the name they post here with. Now that this group has become a national group, it’s hard to provide a proper response to questions or comments without knowing what state the poster comes from. I have now added it to the end of my user name so that no one confuses it with the much larger Lake County, FL. Please consider doing this so there will be less confusion when questions are asked or advice is given.

I am looking for someone who is good at building things, like decks, patios, retaining walls and the like. I need some help.

I stumbled across an interesting essay regarding the constitutionality of the No Fly List. I found so many gems in it, I’m thinking about opening a jewelry store! Many of the precedents cited could apply not only to IML, but to some state RC laws as well. It’s a long, sometimes tough, read, but worth it.

http://www.uclalawreview.org/international-travel-and-the-constitution/

–AJ

Specific subject matter aside, this op-ed makes some good observations about how things are supposed to be regarding rights versus where they are. I particularly like the point that we don’t have constitutional rights, we have *inalienable* rights. Also, that the Government doesn’t grant us (we, the people) anything, rather we (the people) give limited power to the Government.
http://www.nationalreview.com/article/444798/ninth-circuit-travel-ban-decision-rests-fundamental-misunderstanding-constitution

–AJ

Most US teens have sex by 18

http://www.msn.com/en-us/health/wellness/most-us-teens-have-sex-by-18-but-pregnancies-down-cdc-study/ar-BBD0ZQW?OCID=ansmsnnews11

If you are in CA, then of course, there is a large amount of potential RCs if the teens have intercourse before 18, which is against CA law as stated here numerous times. What is needed are some politician’s teens caught so things can be rethought in the Sunshine state. Biology, biology, biology…

Sure other states too in the union could rethink things….

Help me out people…I need conclusions to both the bill of attainder/separation of powers argument and the involuntary servitude argument.. I need them to be very specific such as the following…

Unreasonable, arbitrary, oppressive official action…
192. I am entitled to relief because, a) The registration scheme is unreasonable in that it subjects me to a lifetime of registration when I have a less than one percent re-offense rate, b) it has not been confirmed that I pose a cognizable risk high enough to justify my inclusion on the registry, c) the registration scheme is completely arbitrary since it applies to me when I do not pose a risk for re-offense any higher than the ordinary public, d) the registration scheme achieves no legislative objectives and actually exacerbates my risk for re-offense, e) the registration scheme is oppressive because I cannot leave my house without fear of being attacked which has already occurred, f) I cannot find meaningful employment because of my inclusion on a public registry, g) I am severely restricted or completely banned in what occupations I may pursue because of the exclusion zones, h) I cannot buy new vehicles because my property will be vandalized, which has already happened in my current location, i) I cannot move into homes that are in affluent neighborhoods because most HOA’s will not allow ex-sex-offenders to move into their neighborhoods, j) I cannot buy a home without fearing that I will be forced to move because of some retroactive law that gets passed against ex-sex-offenders or for fear that my property will be vandalized or even destroyed by vigilantes.

so…..
Bill of Attainder…
I am entitled to relief because..
a)
b)
c)
ect…..

Involuntary Servitude/Slavery….
I am entitled to relief because..
a)
b)
c)
ect….

Just wondering, I had some people lie to a detective and said I was staying in a city that I wasent, luckly im in a small town my neighbors see me daily, the detective called me and asked if i was staying there he doesnt believe the person and said nothing should come out of this. Im thinking its the city council in the city, is it possible to sue them for the false accusation or is this something i should just leave be?

Alright I finished my motion and believe it is ready to file…
http://mllkeys20112011.wixsite.com/mysite
check it out see if there is anything I should change or add….

yep it’s all in there..every suggestion all you guys made are in there….I am very happy with what we as a team have accomplished and I believe I am ready to file…I want to see what the opposition has to throw at me with their answer so I know what I need to concentrate on refute. what I am going to pound home is that I have completed all of my sentencing phases and am supposed to be a free citizen, judges are the only ones that can determine punishments based on individual basis not the legislative branch, the false statistics and misrepresentation of the facts to the court, bill of attainder, all of it…..I will not let anyfalsehoods slide by like all these attorneys…I got A’s in both my public speech clases the last couple semesters so I think I am ready…..I already to the federal courthouse and talked to the clerk and I am looking forward to arguing this in front of a judge….

yeah I’m going to beef up the involuntary servitude argument..I will research the closest regulatory mandate that is even close to relevant which is the obama health care mandates in a free person..that is the only reg. that compels a free citizen to a government mandate that isn’t connected to some kind of licensing or permitting process and I am going to push the issue that mandate comes nowhere close to the registry since there is no threat of imprisonment for failing to comply..if there was such a consequence for non compliance for healthcare mandate it would have never have passed constitutional scrutiny….I believe this is a strong argument that I have to resesrch more…

glad to see you guys riding this out .I know it’s extremely arduous and time consuming and I appreciate all your help….I am going to try talking to ACLU again now that they got a bunch of money to fight Trump here in Cali…they are supposed to of opened a new chapter or office up here in Sacramento so I’ll get on it Monday see what happens…

I recall there being a discussion some time back about CBP doing searches when one is reentering the country. I know it’s an issue before SCOTUS, or will be soon. Anyway, I happened to be looking for secure password systems, and stumbled across something ANY international traveler may wish to use: https://blog.agilebits.com/2017/05/18/introducing-travel-mode-protect-your-data-when-crossing-borders/

Pretty cool.

–AJ

Question about travel: Have any of you, my fellow Registered Citizens, used a tour bus in Europe? I ask because I know that cruises can be very problematic for registered citizens but I wasn’t sure about tour bus groups in Europe.

And lawmakers think *we’re* who need watching? How about members of the NJ State Police? Sounds like we need a registry for that.

http://jezebel.com/state-troopers-turned-off-recording-devices-while-haras-1796040046

–AJ

Does any one know the California Contractors license boards , polcey on registered people ? Are we not allowed to get a license ? Are our old licences revoked if they find out about our conviction ? Is there a time limit after conviction that the contractors license is revoked. I’m not about to ask the license board.

Not to worry everyone but I’m a bit concerned about the rumors of Justice Kennedy’s impending retirement. And just when we got him into shape…

@Mike R

I finished reading the entire motion. I really like it.

One mistake I noticed. Do a search for this line because you list it twice in a row:
“the fear that the legislature, in seeking to pander to an inflamed popular constituency”

I haven’t read AJ’s article yet that explains filing Pro-Se. I was wondering though, would it make more sense for your conclusion to be shorter, and more in your own words than repeating or bringing up too many legal points? Since you are Pro-Se, I am hoping that in that format you are allowed to simply state your problems and in your words why they seem wrong, and allow the judge to bring up arguments you may have missed, or that they feel is more relevant. Again, I don’t even know if you are allowed to do that, but I would think so.

I would be happy to help try to write a convincing conclusion for you to look at, if that is even possible to do in a pro-se motion. It would sum up how this started, how its original intent was de-railed by politicians, press, and judges, and how it now ruins your life in any city you wish to pass through yet without a single day in court to fairly assess dangerousness. It would conclude with how the entire sex offender scheme can be removed, and we still have in place the safety protections needed for the public.

Right on Chris I would be happy to see what kind of conclusion you can come up and would definitely consider it and your observations as well…..I am also looking into the Obama mandate to see how it relates because like I said it is the only mandated regulation that actually compels a person to do something and not regulate actual activity..The following is just one example that I have pulled from the case so far go feel free to read it at the following link..

http://www.nytimes.com/interactive/2012/06/29/us/29healthcare-scotus-docs.html

Construing the Commerce Clause to permit Congress to regulate
individuals precisely because they are doing nothing would open a
new and potentially vast domain to congressional authority. Congress
already possesses expansive power to regulate what people do.
Upholding the Affordable Care Act under the Commerce Clause
would give Congress the same license to regulate what people do not
do. The Framers knew the difference between doing something and
doing nothing. They gave Congress the power to regulate commerce,
not to compel it. Ignoring that distinction would undermine the principle
that the Federal Government is a government of limited and
enumerated powers. The individual mandate thus cannot be sustained
under Congress’s power to “regulate Commerce.” Pp. 16–27.

Even though they are talking about commerce I believe the same would hold true for any government actions…still researching this for the involuntary servitude argument……Fell free to comment on this.

@mike r
I read a good deal of your document, and skimmed all of it (there are some redundancies, brother). One question I have is whether any of the non-CA and non-Federal issues ca be raised. You’re suing in Federal Court, and I don’t see how they have subject-matter jurisdiction over anything to do with TN, FL, CT, OH, etc. Unless you’re raising every single one of the laws in every single one of those States as Federal questions (i.e. violating US Constitution), your court has no standing. Even if you are pursuing them as Federal questions, those States have the right to defend themselves, so you’ll need to name each of them as defendants, issue them all a summons, and then fight them all in court.

I also think it may be prudent to limit the scope of your complaint to the base issues: lack of due process, Bill of Attainder, and the proven failure (by government and non-government studies alike) of the stated legislative intent–meaning the scheme fails even rational basis review.

Anyway, that all said, here are some things I noticed, in mostly work-flow order:
1) In your opener, you should include “Article I, Section 9, paragraph 3” of the US Constitution along with the Amendments. Also, you should include the specific section of the CA Constitution, not just Article I.
INTRODUCTION
2) Citations for your statements are needed. Ex.: “12. In fact, there is now general consensus among researchers that these laws not only fail to protect the public, but actually exacerbate genuine risk factors for recidivism thereby increasing the chance of future criminal activity.” How do you support this claim of “general consensus”? You need to cite these early, then refer to them elsewhere as needed. Likewise with “13. Most states conduct risk assessments….” List the states and, if possible, their documentation that shows they do this. You’re going to have to come up with at least 26 for it to be “most.”
3) “15. The State publicly and falsely identifies all registrants as a danger to children and the public generally – despite knowing this imputation is false in individual cases and for the vast majority of registrants.” What proof do you have the State is doing this? What proof of “vast majority”?
4) Item 16 I think should describe how such restrictions amount to Banishment as defined by Black’s Law Dictionary. (http://thelawdictionary.org/banishment/)
5) In 17, you mention “Fundamental Liberties.” We have either Liberties or Fundamental Rights. Also, a citation is needed.
5) In 18, cite proof the State is doing as you assert.
6) In 21, cite the source of the quotations. This is also where the court may not have standing for “state laws across the country.”
7) In 24, examples of the plethora of Liberties should be cited.
8) I see para. 25 as harmful to your suit. Any mention of “guilty going free” is a bad topic to raise. I’d avoid any mention of it appearing that anyone will “get away with it.”
9) I’d make 26 read more as “not being afforded due process to challenge being placed into an inescapable class of citizens,” instead of refuting dangerousness.
10) In 28, an example would be helpful. A presence requirement is usually a nice vague one to use. How’s it measured? How is an average citizen to determine where the boundaries are and aren’t? Does the State have the data? If not, how can they expect compliance? If so, why is it not publicly available to aid compliance?
11) 30 made me ask, “So? They also have no plan to quit regulating driver licenses….”
12) In 32, paying taxes is not some sort of membership dues granting access. The taxpayer angle is irrelevant.
13) In 35 (and maybe elsewhere), change “criminals” to “former offenders” or similar.
14) In 36, Court cases about these freedoms would be helpful. This would also be a good spot to introduce the studies showing no registry has ever been demonstrated to prevent or solve a sex offense.
15) I think it would read better if para 37 was rolled into para 33, and para 38 rolled into para 34.
16) 39: Citation needed.
JURISDICTION AND VENUE
17) Para 1 has way too many “as well as” connectors. I would, at minimum, break the US and CA sections into separate sentences.
18) In 4, you mention the “defendants are officers of agencies of the United States.” That is not true for the CA AG.
PARTIES
19) Para 2, change “first time” to “single time.” I’d also clarify your dates, as I for a second thought there were two offenses (2004, 2006). Maybe drop one of the dates? “I was convicted for doing such and such in 2004,” or “In May of 2006, I was convicted for doing such and such.”
20) In 7, I would drop the side info about your son. Mention of his legal problems and becoming a “productive member” casts a negative light with no benefit.
21) I think para 11 should be moved higher, perhaps to becoming para 7 of this section.
22) In 16, some mention of how you arrived at these Does, and that there are twenty, is needed. Are these county sheriffs? CASOMB officials? Who? You should at least be able to list their official capacities and how they are thus defendants.
FACTS
23) In 2, you should state “Fifth and Fourteenth Amendments” for the Federal purpose, as the 14th only applies to the individual States. (Tip of the hat to Chris F for clarifying that a while back.)
FIRST CLAIM
24) In para 2 and continuing, I’d avoid laying out the whole detail of the case for two reasons: 1) the Court should be aware of it or can receive a brief, and 2) You don’t want to accidentally put forth something in writing that isn’t exactly true. Save it for oral argument.
25) In 15, I’d change “choice of housing” to “housing opportunity.” Opportunity makes it more of it being imposed upon you, versus your opting for it.
26) In 22, give some examples of how you’ve been restricted or, better yet, prevented from certain employment.
27) Somewhere in this area, it may be good to equate the registry to being pilloried in the public square, but instead of rotten produce thrown at you, you face real risk of vandalism, arson, or even murder. Then offer citations of news stories.
SECOND CLAIM
28) Para 2: Not true, at least outside CA. Sometimes they are misdemeanors.
29) This may be outside the E. Dist purview, but it’s certainly an Equal Protection violation.
30) There is some syntax error in para 8. I cannot figure out what’s being said ahead of that semicolon.
THIRD CLAIM
31) In 4, I again don’t see how the court will have any say in what other State’s do. If CA and/or the Feds are doing it, game on.
32) In 12, I’d add something to the effect of, “the average citizen cannot readily ascertain where zones are. Additionally, the State provides no means or method of discerning where a restricted space starts, ends, or even how it’s measured. The State itself either doesn’t have the data, or is willingly withholding it from those most needing it.”
33) In 19, maybe add, “as well, unless I invest in prohibitively expensive GPS hardware, I cannot reliably ascertain if I’m a foot too close, or 3 inches too close. The State, on the other hand, has more resources and can acquire highly accurate GPS equipment. http://www.gps.gov/systems/gps/performance/accuracy/
34) In 20, make mention of it being virtually impossible to know the laws. “I would also need to be constantly aware of any and all legislative activity regarding changes to distance restrictions. Though this may be feasible for a legal resident, a RC ‘resident’ (which is defined differently and specifically for RCs) will not be as attuned to the state, county and/or municipal legislative activities. Ignorance of the law is no excuse, but these laws can change quickly and sometimes without sufficient warning. I can read every law of a given State, County and/or Municipality, and yet the next day be at risk of imprisonment for innocent conduct occurring 10′ too close to an empty park.”
35) In 27, you make mention of “these requirements” but there’s no explanation to what requirements you’re referring.
36) In 29: It’s Angel, not Angle. 😉
37) In 30, address how no person of average intelligence can understand and interpret how to comply with all of them at once. Meanwhile, LE only needs to find my having violated just one–even innocently–to arrest me. Addressing that the laws punish even innocent behavior, and are thus overly broad, would be good, too.
FOURTH CLAIM
38) In 2, I’d try to find a way to say and show that you pose a risk no greater than a citizen who has never sexually offended. (If true, based on your time and crime.)
39) In 3 and 6: “single time” 🙂
40) In 9, maybe add “by both governmental and non-governmental researchers and studies” to the end of the first sentence. This highlights that even the State itself says this.
41) In most of para 19, the links are mostly OneDrive URLs. These should be the source URLs, not your copies of the docs from the sources.
FIFTH CLAIM
42) In 9, offer an alternative of re-purposing the enormous amount of resources expended away from registering, tracking, confirming and watching low-risk citizens, and towards risk assessment. Perhaps also raise the point that given the State has spent many millions of dollars for no statistically measurable effect, it appears “price is no object.”

After about there, you outlasted me. 🙂 I do think that less said can end up being more. I’d refrain from lengthy explanations of Court cases and decisions, instead mentioning a key phrase and give the citation.

All in all, I think you’ve done a lot of good work, Mike. I’ll cross my fingers and pray for your success!

Also, if I happen to take up your document tomorrow when the sun is up, I’ll try to read the latter parts a bit more in-depth. 😛

P.S. Here’s a decent law article about Banishment and freedom to live where you wish: http://lawreview.uchicago.edu/sites/lawreview.uchicago.edu/files/74_3_Edgerton.pdf It even mentions RCs a few times.

Thanks AJ very perceptive reading and comments. I agree with everything you said and will make those changes. This is exactly what I need, positive criticism and feedback….I think I need to connect those other state statutes to violating federal constitutional rights and explain that by removing me from the federal registration scheme as well as the CA scheme will moot and null and void the other laws across the country..I had the same apprehensions about that issue and have even considered adding every state AG in my motion but like i said if I am struck from the federal and CA scheme I don’t believe I’ll be subject to the other states’ reg. schemes…