A Proposed Legal Strategy, Version One

[heyday]

For your educational purposes:

one supreme Court

Established by Article III,
Constitution for the United States of America,
Anno Domini 1787

in care of:

THE SUPREME COURT OF THE UNITED STATES
One First Street North East
Washington, District of Columbia [20543]


[caption ommitted]______________ _
1. This Petition is directed to the one supreme Court established by the Constitution for the United States of America, Anno Domini 1787 at Article III.
Jurisdiction

2. Jurisdiction is invoked by virtue of the Right of one of the Sovereign People to Petition government for redress of grievance, Ten Commandments, 12 Tables, Magna Charta, Anno Domini 1215; Confirmatio Cartarum, Anno Domini 1297; Declaration of Independence, Anno Domini 1776; Northwest Ordinance; Articles of Confederation; Constitution of the United States, Anno Domini 1791 and as lawfully amended thereafter, Article I Sections 1, 9 and 10, Article III, Article IV, Article VI and Articles in Amendment 1, 4, 5, 6, 7, 8, 9, 10 and 13; Constitution of the State of California, Anno Domini 1849, Article I; and the Constitution of the State of Oklahoma, Article I Section 1, Article II Sections 1, 3, 6, 7, 9, 10, 17, 22, 23, 24, 30, 33, 34 and Article XV.

Statement of Facts

3. On July 3, 2004, Frank Anthony Taucher was forestalled, arrested and imprisoned while peacefully exercising Liberties protected by the Peoples’constitutions and antecedent Law. No one was injured by and no one complained of the activity in which Frank Anthony Taucher was engaged. Frank Anthony Taucher appeared Specially continuously thereafter without assistance of counsel to challenge venue and personam and subject matter jurisdiction and to understand the Nature and Cause.

4. On or about August 16, 2004, after exhausting Oklahoma remedies, Frank Anthony Taucher petitioned the district court of the United States, Tulsa, Oklahoma for a Writ of Habeas Corpus to release Frank Anthony Taucher from illegal restraint of his Liberty and color of law custody, and to order the return of Frank Anthony Taucher's Private Property and other Remedy.

5. To date, said Tulsa court has deprived Frank Anthony Taucher of his Right to a false return of the Writ of Habeas Corpus and his causes of action thereupon; has failed to cause the appearance of any STATE OF OKLAHOMA official to show cause for the illegal restraint of Frank Anthony Taucher’s Liberty and continued custody of Frank Anthony Taucher and Frank Anthony Taucher's Private Property; and has failed to order the release of Frank Anthony Taucher and Frank Anthony Taucher's Private Property from custody. Frank Anthony Taucher has been injured, and is being injured, by said restraint and deprivations.

6. Frank Anthony Taucher had four Writs of Habeas Corpus Suspended: first, a handwritten writ at the scene of arrest and imprisonment, second, a handwritten 7 page writ while imprisoned, third, a writ to The Oklahoma Supreme Court, and, fourth, the aforesaid writ to the Tulsa district court. Said Suspensions violate the People’s constitutions and antecedent Law, to wit:
Two resolutions passed by the House of Commons and inspired by Sir Edward Coke and later incorporated into the Habeas Corpus Act of 1679:

That no freeman ought to be committed or detained in prison, or otherwise restrained by command of the King or Privy Council, or any other, unless some cause of the commitment, detainer, or restraint be expressed, for which by law he ought to be committed, detained, or restrained.

That the writ of Habeas Corpus cannot be denied, but ought to be granted to every man that is committed or detained in prison or otherwise restrained by the command of the King, the Privy Council, or any other.

“The inhabitants of the said territory shall always be entitled to the benefits of the writ of habeas corpus, and of the trial by jury; … and of judicial proceedings according to the course of the common law … All fines shall be moderate; and no cruel or unusual punishments shall be inflicted. No man shall be deprived of his liberty or property, but by the judgment of his peers or the law of the land; and, should the public exigencies make it necessary, for the common preservation, to take any person's property, or to demand his particular services, full compensation shall be made for the same.”

Article 2, Northwest Ordinance, 17870713, one of the four organic laws of the United States passed by the Continental Congress, incorporated into the Constitution for the United States of America, Article VI, Section 1, Anno Domini 1787.

“The writ of Habeas Corpus [and] the prohibition against ex-post-facto laws ... are perhaps greater securities to liberty ... than any [other the Constitution] contains.”
Alexander Hamilton, Federalist Paper No. 84

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

Article I, Section 9, Constitution for the United States of America, Anno Domini, 1787
The privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require its suspension.
Article I, Section 5, Constitution of the State of California, Anno Domini 1849

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The privilege of the writ of Habeas Corpus shall never be suspended by the authorities of this State.
Article II, Section 10, Oklahoma Constitution at www.oscn.net.

Frank Anthony Taucher has personal first hand knowledge that the courts are open.

Oklahoma officers are required by Article VI, Constitution for the United States of America, Anno Domini 1787, and Constitution of the State of Oklahoma, Article XV, to take, subscribe and file an Oath of Office; and are required by said Oath to support, defend and uphold the Constitution of the United States; and are further bound by the Supremacy Clause of the Constitution of the State of Oklahoma to uphold the Constitution of the United States, to wit:

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States. Constitution of the United States, Article VI, clause 3
All public officers, before entering upon the duties of their offices, shall take and subscribe to the following oath or affirmation:
"I, ........., do solemnly swear (or affirm) that I will support, obey, and defend the Constitution of the United States, and the Constitution of the State of Oklahoma, and that I will not, knowingly, receive, directly or indirectly, any money or other valuable thing, for the performance or nonperformance of any act or duty pertaining to my office, other than the compensation allowed by law; I further swear (or affirm) that I will faithfully discharge my duties as ......... to the best of my ability."
The Legislature may prescribe further oaths or affirmations.
[Article XV, Section 1, Constitution of the State of Oklahoma]

The foregoing oath shall be administered by some person authorized to administer oaths, and in the case of State officers and judges of the Supreme Court, shall be filed in the office of the Secretary of State, and in case of other judicial and county officers, in the office of the clerk of the county in which the same is taken; any person refusing to take said oath, or affirmation, shall forfeit his office, and any person who shall have been convicted of having sworn or affirmed falsely, or having violated said oath, or affirmation, shall be guilty of perjury, and shall be disqualified from holding any office of trust or profit within the State. The oath to members of the Senate and House of Representatives shall be administered in the hall of the house to which the members shall have been elected, by one of the judges of the Supreme Court, or in case no such judge is present, then by any person authorized to administer oaths.
[Article XV, Section 2, Constitution of the State of Oklahoma]

The State of Oklahoma is an inseparable part of the Federal Union, and the Constitution of the United States is the supreme law of the land. [Article I, Section 1, Constitution of the State of Oklahoma; Article I, Section 1, Oklahoma Constitution]

“Sec. 1. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the oath or affirmation required by the sixth article of the Constitution of the United States, shall be administered in the form following, to wit:

‘I, A. B. do solemnly swear or affirm (as the case may be) that I will support the Constitution of the United States.’ …

Sec. 3. And be it further enacted, That the members of the several State legislatures, … and all executive and judicial officers of the several States, … shall … take the same oath or affirmation, … which may be administered by any person authorized by the law of the State, in which such office shall be holden, to administer oaths. And the members of the several State legislatures, and all executive and judicial officers of the several States, who shall be chosen or appointed …, shall, before they proceed to execute the duties of their respective offices, take the foregoing oath or affirmation, which shall be administered by the person or persons who by the law of the State shall be authorized to administer the oath of office; and the person or persons so administering the oath hereby required to be taken, shall cause a record thereof to be made, in the same manner, as, by law of the State, he or they shall be directed to record or certify the oath of office.

Sec. 4 And be it further enacted, That all officers appointed, or hereafter to be appointed under the authority of the United States, shall, before they act in their respective offices, take the same oath or affirmation, which shall be administered by the person or persons who shall be authorized by law to administer to such officers their respective oaths of office; and such officers shall insure the same penalties in case of failure, as shall be imposed by law in case of failure in taking their respective oaths of office ... ” [Statute 1, Chapter I, Section 3, “The Laws of the United States, Acts of the First Congress”, 17890601]

A claimant to elective office to whom a certificate of election is duly issued and who qualifies by filing the prescribed bond, approved by the proper authority, and the prescribed oath of office, is thereby “inducted” into office within the meaning of 12 O.S. 1971 Section 1533. [PINSON V ROBERTSON, 197 Okl. 419, 172 P.2d 625 (1946).]

The requirement has been extended to appointed claimants. [STATE EX REL. OKL TAX COM’N V MOURER, 596 P.2d 882, 1979 OK 92 (Okla. 19790619) Paragraph 19.]

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State, Federal and National officials are required to uphold Constitutional prohibitions against Suspension of the Writ of Habeas Corpus as a condition of the faithful performance of their Oath of Office bond; including upholding the prohibition against the four hereinspecified writs presented by Frank Anthony Taucher.

Upon Suspension of all four of the aforespecified writs, Frank Anthony Taucher delivered, on or about November 11, 2004, Frank Anthony Taucher's Petition for Writ of Habeas Corpus to the one Supreme Court established by Article III, Constitution for the United States of America, anno Domini 1787.
On December 1, 2004, Case No. CM-2004-3759 was dismissed by STATE OF OKLAHOMA by minute order with "COSTS TO STATE". Relevant pages of said minute order are attached hereto as Attachment A.

The private property of Frank Anthony Taucher was not returned despite demand for return of said private property and has not been returned to date. Attachment B.
Frank Anthony Taucher has not been returned to the Union States and remains detained and restrained under color-of-office and color-of-law authority in a State of the United States.

The private property taken from Frank Anthony Taucher has not, to date, been returned to Frank Anthony Taucher.

Frank Anthony Taucher has not received the just compensation identified in the concurrently recorded written record for the taking of Frank Anthony Taucher's private property.

On or about March 9, 2005, STATE OF OKLAHOMA filed Case No. CM-2005-1337 regarding the same color-of-law charges. Attachment C.
A warrant for the arrest of FRANK ANTHONY TAUCHER has purportedly been issued by MILIE OBEY in said Case No. CM-2005-1337.

To date, no STATE OF OKLAHOMA official has answered the challenges to venue and jurisdiction Frank Anthony Taucher has mounted and entered in the file of Case No. CM-2004-3759.

Frank Anthony Taucher has repeatedly been denied assistance of counsel.

The Constitution of the State of Oklahoma fully protects Frank Anthony Taucher's access to the courts.

The courts of justice of the State shall be open to every person, and speedy and certain remedy afforded for every wrong and for every injury to person, property, or reputation; and right and justice shall be administered without sale, denial, delay, or prejudice.
[Article II, Section 6, Constitution of the State of Oklahoma]
Frank Anthony Taucher's Right to courts of justice was denied when the aforespecified Writs of Habeas Corpus were Suspended.

Incorporation of Record

The aforespecified November 16, 2005 Petition for Writ of Habeas Corpus mailed via USPS Form 3811 certified return receipt #7003 1680 0006 5176 1865 to the one supreme Court specified on page 1 of this Petition in care of postal service address: THE SUPREME COURT OF THE UNITED STATES, One First Street North East, Washington, District of Columbia [20543] is incorporated herein as if fully reproduced along with the following attachments included with said Petition for Writ of Habeas Corpus:

Attachment A consisting of the aforesaid Petition for Writ of Habeas Corpus with district court of the United States, Tulsa, Oklahoma;
Attachment B consisting of the aforesaid Petition of Right with The Oklahoma Supreme Court;
Attachment C consisting of the aforesaid complaint with TULSA COUNTY CLERK SALLY HOWE SMITH; and
Attachment D consisting of Frank Anthony Taucher's 1.) Ex Parte Writ of Error, Order to Show Cause, Notice of Duty to Correct and Prevent Injury, and Notice and 2.) Objection and Protest by Affidavit of October 1, 2004 Pretend Review by Judge Impersonator DARLENE CRUTCHFIELD of Frank Anthony Taucher's Challenges to Venue and Personam and Subject Matter Jurisdiction and Notice of Duty to Correct entered into Case Nos. CM-2004-3759.
Lawless Activity of STATE OF OKLAHOMA Officials

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Lawless Activity of STATE OF OKLAHOMA Officials

No judicial official in Tulsa has met the aforespecified requirements of office leaving Frank Anthony Taucher with no bona fide Judicial Officer in Tulsa to whom Frank Anthony Taucher may complain.

Frank Anthony Taucher thus complained to the Tulsa Court Clerk, Sally Howe Smith.
STATE OF OKLAHOMA refuses to correct the criminal activity of which Frank Anthony Taucher complains and thereby ratifies, condones and adopts lawlessness as STATE OF OKLAHOMA's custom and policy.

STATE OF OKLAHOMA's policy of selective enforcement establishes that said actors are exempt from the Law of the Land and are above the Law; and denies Frank Anthony Taucher justice and due process by forcing Frank Anthony Taucher's day in court to be before known actors and the very alleged felons of whom Frank Anthony Taucher complains.

Frank Anthony Taucher suffers without Remedy in Tulsa and throughout Oklahoma at the mercy of known criminals with a vested interest against Frank Anthony Taucher; and endures personally a Constitutional Crisis and police state environment of fear, coercion, mixed war, intimidation and terror.
Right to Liberty from Forestalling and Speedy Remedy
Liberty from forestalling, Speedy Remedy, Trial by Jury of Peers, Hearing, Due Process of Law and administration of law by Duly qualified, installed and accountable Officers of law were denied when Frank Anthony Taucher suffered forestalling at the July 3, 2004 arrest scene; and repeatedly thereafter; and when the aforespecified four Writs of Habeas Corpus were repeatedly Suspended.

Duty to Correct

A supervisory Duty exists for the one supreme Court to correct the aforesaid failures to preserve prohibitions against Habeas Corpus Suspension; to mandate the district court of the United States, Tulsa, Oklahoma, to issue the writ forthwith; and to uphold said Frank Anthony Taucher’s Right to false return of the said writ and Frank Anthony Taucher’s Rights of action thereupon.

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Remedy Demanded

Key holders SALLY HOWE SMITH, DARLENE CRUTCHFIELD, MILLIE OBEY, and Joseph Michael Watt should be ordered to each make the following return, within three (3) days of receipt of the writ, which each return shall:

state whether Frank Anthony Taucher is in said person's custody, or under said person's power or restraint;

state the authority and cause of such custody or power or restraint;
include the writ, warrant, or other written authority, a copy of which shall be annexed to the return; and the original produced and exhibited to the Court or Judge on the hearing of such return;

state if custody or restraint of Frank Anthony Taucher was, at any time, transferred to another; and, if so, to whom, at what time and place, for what cause, and by what authority; regardless of whether custody was thereafter reaquired;
show any and all actions said persons have taken to uphold the prohibition against Suspension of any of Frank Anthony Taucher's writs;

show any and all authority said persons relied on for any action taken to forestall and Suspend any of Frank Anthony Taucher's writs;
identify each and every challenge to venue and personam and subject matter jurisdiction Frank Anthony Taucher has mounted in the written record of the instant controversy in Case Nos. CM-2004-3759 and CM-2005-1337 as specified in Frank Anthony Taucher's 1.) Ex Parte Writ of Error, Order to Show Cause, Notice of Duty to Correct and Prevent Injury, and Notice, Attachment I, and 2.) Objection and Protest by Affidavit of October 1, 2004 Pretend Review by Judge Impersonator DARLENE CRUTCHFIELD of Frank Anthony Taucher's Challenges to Venue and Personam and Subject Matter Jurisdiction and Notice of Duty to Correct entered into the lower court file and 3.) the questions in the Petition for Writ of Habeas Corpus filed with the Tulsa district court;
show where, when and how STATE OF OKLAHOMA controverted each challenge to venue and personam and subject matter jurisdiction mounted;

show how refusal to controvert any mounted challenge does not deny fundamental requirements of Due Process and create a mandatory ministerial dismissal Duty;

show why each person does not have a Duty to execute said mandatory ministerial dismissal Duty for any one, or more, challenge which remains uncontroverted;

and
show why Frank Anthony Taucher's requested Remedy should not be granted in its entirety.

Additionally, Obey should attach a certified copy of the following documents in the lower court file or state that no evidence exists in the lower court file regarding the bona fides of Darlene Crutchfield, Sarah Smith, Mark Barcus, Allen Klein, Les Hendren, Philip Guess, Stan Roberts, Kenneth Ward, Thomas Larsen, Brad Henry, Tim Harris, Kim Hall, Don Baker, Stanly Glanz and the unidentified woman accompanying Don Baker at the September 23, 2004 hearing:

1. certified copy of each person's Oath of Office executed in accordance with the requirements of Article XV, Constitution of the State of Oklahoma, and duly filed;

2. certified copy of each person's Oath of Office executed in accordance with the requirements of Article VI, Constitution for the United States of America, Anno Domini 1787, and duly filed;

3. certified copy of each person's certificate of election/certificate of appointment duly filed;

4. certified copy of each person's personal liability bond, and not employee blanket bond, duly filed;

5. certified copy of all authority delegated to said person and delegation orders;

6. certified copy of all authority delegated to said person authorizing the Suspension of any of Frank Anthony Taucher's writs;

7. if an attorney, certified copy of each person's attorney's Oath of Office duly filed with the Clerk of the Supreme Court; and

8. if an attorney, certified copy of each person's license to practice law issued by the Oklahoma Secretary of State and duly filed.

Each said return shall be signed by the person making the return and shall be sworn to be true, correct, complete and not misleading under penalty of perjury. Frank Anthony Taucher shall thereafter be provided the opportunity to provide written response, to deny any of the facts set forth in the return and to allege other facts.

Upon return, the court shall summarily review the written return and response of Frank Anthony Taucher. If any challenge mounted to venue and personam and subject matter jurisdiction remains uncontroverted, or no response is provided, the court shall provide the Remedy demanded in the August, 2004 Petition for Habeas Corpus filed with district court of the United States, Tulsa, Oklahoma which includes, but is not limited to, a written order commanding:

withdrawal and cancellation of any and all arrest warrants relative to the instant matter;

dismissal, with prejudice to its renewal, of the charges alleged in Case No. CM-2005-1337;
return of Frank Anthony Taucher to the several Union States;
return of all property of Frank Anthony Taucher to Frank Anthony Taucher.

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Reservation of Rights

Frank Anthony Taucher reserves all Rights and Claims at all times, without prejudice, and waives no Rights or Claims at any time and, in the event any order is issued regarding this matter other than the above fair and just Remedy, Petitions for a Full Findings of Fact and Conclusions of Law and opportunity to be informed of and to amend and correct errors.

Verification of Frank Anthony Taucher

Tulsa county )
)
Oklahoma, one of the several States of the Perpetual Union )
)
The united States of America, Anno Domini 1776 )
)
The United States of America, Anno Domini 1778 )
)
the United States of America, Anno Domini 1787 )


I, Frank Anthony Taucher, one of the Sovereign People and a Man Created in His Image, being competent in mind and body to testify, having first hand knowledge of the following facts, and knowing the penalty of bearing false witness, do declare that the facts stated herein are true, correct, certain and not meant to mislead, subject to Frank Anthony Taucher's immediate receipt of Respondent(s') written statement and written proof of claim to the contrary within the aforespecified time limitations.


Further, Frank Anthony Taucher sayeth nought.

Locus Sigilli (Private Seal)


Frank Anthony Taucher, Sui Juris, Unrepresented



[...]


NOTICE: Any correspondence sent to FRANK A. TAUCHER or other such idem sonam will be returned as such does not specify Me. Any correspondence sent to “OK”, a ZIP CODE or other federal area, or a State of the United States, rather than to one of the several Union States, shall establish intent to Expatriate Me and to Convert My Sovereign Status to a subject, serf, person, slave and to the secular humanism, commercial religion of government; to change my Master from my Creator to the Roman pagan false idol atop the Capitol dome, Washington DC, and Mercury, Roman pagan false idol of commerce, and Mars, Roman pagan false idol of war;

Thou shalt have no other gods before Me
First Commandment

Thou shalt not make unto thee any graven image
Second Commandment
and to involuntarily enslave me. Correspondence by telephone, fax or email admits such use as non-commercial, private and in the venue and jurisdiction of the de jure Republic, protected against Invasion by Article VI, Constitution for the United States of America, Anno Domini 1787, and not the legislative democracy subject to the jurisdiction of the United States.


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[...]

I further hereby certify that a copy of this Petition and hereinabove specified attachments was entered into the court file of case #s CM-2004-3759 and CM-2004-1337 by mailing two copies to the TULSA COUNTY CLERK, Tulsa County Courthouse, 500 South Denver, Tulsa, Oklahoma; and that a certified copy of said Petition was demanded in return; and a return envelope with prepaid postage affixed along with a $5.00 federal reserve note as demanded by said COURT enclosed; and that, by the principal of

Notice to Agent is Notice to Principal and
Notice to Principal is Notice to Agent

and service to STATE OF OKLAHOMA, the following actors and persons have also been provided notice of this Petition, subject to Frank Anthony Taucher's receipt within three (3) days, plus to and fro each way mail allowance, of Respondent(s') written statement and written proof of claim to the contrary:

STATE OF OKLAHOMA, DARLENE CRUTCHFIELD, SARAH SMITH, ALLEN KLEIN, MARK BARCUS, COUNTY OF TULSA Prosecutor, OKLAHOMA HIGHWAY PATROL, LES HENDREN, PHILIP GUESS, STAN ROBERTS, KENNETH WARD, OKLAHOMA DEPARTMENT OF PUBLIC SERVICE, THOMAS LARSEN, BRAD HENRY, TIM HARRIS, DON BAKER, Kim Hall, and JANE DOE WOMAN.
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Now that was talking some law!

I want to be able to do that.

[heyday]

And one more thing.

Before I start developing this strategy I'll have to look at David's LOR. I'm not familiar with that concept yet.

Regards