Dave Baugh's Website

Dave Baugh's Website Posted information regarding Dave G. Baugh's unlawful incarceration. Dave has been charged, prosecuted, sentenced and imprisoned criminally for civil infractions. Update (9/5/07): Dave has been released, and can be reached at PO Box 314, Newburg, MO 65550 Links and audio at the bottom of page.

Wednesday, April 28, 2004

Dear Editor

(Here's another copy and paste "Letter to the Editor" you can use...)

Dear Editor,

I am writing to inform your readers of certain facts and law they need to be aware of regarding my prosecution by Franklin County Prosecutor, Robert Parks over the Driver’s License issue. If the jury, which convicted me, had known the facts and law, I would not have been convicted. Moreover, if Parks were honest, and had properly applied the law, there would never have been a prosecution. The issue has always been one of proper application of the law, to wit: Section 302.020, RSMo. is the enforcement statute for the “Motor Vehicle Driver’s License Tax”, which is an excise tax (indirect tax) imposed by Article X, Section 4(a), Missouri Constitution, and Section 136.030, RSMo. Which is applicable under Civil Code of Missouri, as set forth in Section 517.011, RSMo. The question arises, is failure to have a license a criminal act like murder, rape, or robbery, or is it a civilly regulated matter? Why did Judge Schollmeyer refuse to answer this question in my case? To answer it, Section 556.021, RSMo. of the Criminal Code provides that such a civil infraction cannot be construed as a crime, nor may any legal disability or disadvantage (imprisonment, probation, or parole) be imposed for its violation, but only fine or forfeiture of the license (evidence of the payment of the aforesaid excise tax) held by the licensee (public person engaged in a privileged driving activity requiring payment of tax).

In order for a criminal prosecution to be initiated, there must first be an actual breach of the peace, and actual damages or injury to person or property, public or private. This must be supported by a written affidavit of complaint, made by a competent witness, or the victim, which must be sworn/affirmed on oath, as subscribed before a proper jurat, and then a warrant issued by a judge based on said complaint, as set forth in Sections 542.020, 542.030, and 542.040, RSMo. of the Criminal Code of Missouri.

The record shows in my case the matter was civil, and not criminal. Moreover, there was no civil liability because I was not a licensee, or “public person” required to have a license; I was a private man in claim and exercise of right of locomotion in private property (automobile). So how did Parks criminally prosecute me with 3 counts of Class D felony driving without a license? Was it lawful for him to do so? Let the law speak for itself: In his information, Parks cited Section 558.016, RSMo. of the Criminal Code as the legal basis for prosecuting me as a “prior” or a “persistent” offender, and invoking 9 years of imprisonment to be served consecutively. However, examination of this section, and the rest of the Criminal Code shows that violations of Section 302.020, RSMo. are not applicable, because it is a civil infraction as aforesaid. Without the aforesaid breach of peace, there can be no criminal prosecution.

I submit that Parks knows this, as do other prosecutors and judges. I submit that the only reason for my being so severely persecuted under Color of Law by Parks and Schollmeyer, is a futile attempt to suppress the truth (facts and law) I’ve dared to confront them with, which exposes that such quisling, pettifogger, shysters have been misapplying the law, running a protection racket of legalized plunder and extortion, preying upon the woeful ignorant, deceived public. My severe and extreme persecutions under Color of Law, under Color of Office, using Color of Process bear witness to the truth. In his flagrant abuse of prosecutorial discretion, with the aid of Schollmeyer’s flagrant judicial misconduct, Parks has further enslaved the public by forcing the people to fund my persecutions. The hypocrisy is self-evident, as Parks brags he is “protecting” the public from me, who has spent a lifetime as a very productive and beneficial member of society, and continue to do so as a persecuted messenger of truth to my fellow Missourians.

May I suggest to your readers to take the time, and make the effort to study the law of the matter, particularly State and U.S. Constitutions, which will equip them to prevent such usurpation of our inherent political power by such insolent, disobedient public servants as Parks and Schollmeyer, and preserve our sacred liberty and freedom with limited constitutional government.


David G. Baugh, victim of criminal government
# 1098495 Moberly Correctional Center
H. U. 1-C Room 200
PO Box 7
Moberly, MO 65270

posted by Jeff  # 2:33 PM
Update from 4/28/04

I thought that I would have some audio to post to the site today, but it's giving me some trouble, and I cannot figure it out, so I may have to just forego the effort altogether.

I did talk with Dave yesterday morning, he's in good spirits and has alot going on. He's taken a position at the law Library and that will be helpful to achieve his goal.

Copy and paste this "Letter to the Editor" and send to as many Missouri newspapers as you can.

To the Editor and to the People of Missouri, via Freedom of Speech and Press:

Greetings from Moberly Correctional Center, Moberly, Missouri. As I write this, it is my 36th day of total sentence of 9 years for 3 counts of Driving a Motor Vehicle without a valid license, as enhanced felony penalty for 3rd or more such offenses, to be served consecutively. Conservatively speaking, this will cost Missourians $270,00.00 in actual costs. Add to this society’s loss of my proven life-long, very productive and beneficial presence therein, and that figure could easily be doubled or tripled.

I didn’t have a driver’s license because I studied the law and discovered it was being misapplied against me as well as most other Missourians, under the phony guise of “public safety”. My harsh punishment at such great cost to Missourians is a futile attempt by insolent, disobedient public servant usurpers of political authority to discredit me, destroy me, and suppress the truth I represent which exposes such misapplication of law.

Section 302.020, RSMo. is the statutory enforcement of the “Motor Vehicle Driver’s License Tax”, which is an excise (indirect) tax imposed by Article X, Section 4(a), Missouri Constitution, and Section 136.030, RSMo, applicable under the Civil Code of Missouri, as set forth in Section 517.011, RSMo. Pursuant to Section 556.021, RSMo, of the Criminal Code of Missouri, violations of the civil infraction, 302.020 may not be construed as a crime, nor may any legal disability (incarceration) be imposed on an offender, but only fine or forfeiture of the license (proof of payment of the excise tax) held by the licensee (a public person engaged in a privilege driving activity requiring payment of said tax).

I was not such a person, but was a private man acting in peaceful, responsible claim and exercise of Right of Locomotion. In my 60 years, I have no criminal record, there was no breach of the peace, and no damages or injury to person or property, public or private, no alcohol or drug related offenses, and I have an excellent driving record of well over one and a half million miles in over 44 years of driving, with only a few minor accidents none of which were my fault, and I was not a licensee, nor was I a licensee who had his license suspended or revoked.

Given the aforesaid undisputed facts and law, the only reason for my severe and extreme persecutions under Color of Law at so great an expense to Missourians, is to suppress the truth I represent, discredit and destroy me for daring to present it, and perpetuate such misapplication of law for unjust enrichment, and to enslave the unwitting public which amounts to treason and oppression in office.

Space prohibits further elaboration of the facts and law (truth). My sentence was unlawfully imposed under Section 558.016, RSMo, because there is no provision therein for such violation of 302.020, since it is applicable as a civil infraction. Rather than examine the facts and law, most Missourians are content to be cunningly coerced into waiving their antecedent, unalienable rights due to ignorance. Such general habit of blind obedience based in vague and imprecise notions evolved into general practice and custom, and is being deceitfully, unlawfully enforced as a protection racket of legalized plunder and extortion. Since I am one who has figured out the scam, and fraud, and refused to be slave to insolent public servant usurpers of the peoples’ inherent political power (Article I, Sections 1, 2, and 3, Missouri Constitution), such usurpers are now persecuting me under Color of Law, and forcing Missourians to pay for it, thereby, imposing even worse slavery on them. Please get this truth out to my fellow Missourians, so we can stop such criminal syndicalism, and restore our sacred Liberty and Freedom, with limited constitutional government.

In service to King Jesus Christ,
David G. Baugh, victim of criminal government
#1098495, Housing Unit I-Commandment, Room 200
Moberly Correctional Center
PO Box 7
Moberly, Missouri 65270

posted by Jeff  # 2:26 PM

Friday, April 09, 2004

Dave has been moved

Dave has been moved to the Moberly Missouri Correction Center. He has a nephew that is also imprisoned there, for standing his ground and getting a bum deal, and is glad to be near with him. Dave is also excited about continuing his work, is in good spirits and reports good surroundings and conditions. And again, gives all praise and glory to God Almighty!

(Stay tuned...)

posted by Jeff  # 5:43 AM

Wednesday, April 07, 2004

Open Letter to Public Servants

April 7, 2004

Greetings in the name of Jesus Christ, America’s only Risen King, Savior, and Law-Giver (Isaiah 33:22, James 4:12, Isaiah 9:6,7, Luke Chapter 1, et al)

The purpose of this letter is Official, Actual and Constructive Notice to any and all public servants in government of the Constitutional Anarchy, treason, oppression in office, and other heinous crimes committed against the people who comprise the State of Missouri, and myself in particular, resulting in manifest injustice, slavery, and complete failure of the state government in its purported chief design.

This notice is hereby and herein made as a matter of right, duty, and responsibility, pursuant to Article I, Sections 1,2,3,8,and 9, Missouri Constitution, and the unanimous Declaration of Independence, July 4, 1776, and the U.S. Constitution, and in the public interest, and in faith and obedience to Almighty God.

Please take notice that all public servants who receive this notice of the aforesaid outrageous government misconduct, makes them jointly and severally aware, and duly informed of said irregularities, in your respective personal and official capacities, and compels you, jointly and severally to carefully investigate this matter, and then to take appropriate action, within the powers of your respective elective or appointive offices granted to you by the people who hold inherent political power, to correct them.

You are hereby warned that since you now have evidence and knowledge of the aforesaid breach of the public trust, and the injustice, you owe the people of Missouri the duty to act in exercise of the authority vested in you by the people, according to your oath of office, and Missouri and U.S. Constitutions to correct the wrongs, and if you fail or refuse to do so, you will be held personally and officially, directly accountable for your failure or refusal to act, and may claim no official or qualified immunity from prosecution, plus, you will have forfeited your office of public trust pursuant to Article VII, Missouri Constitution and Chapter 106 RSMo, and must be removed or impeached there from.

As this is written, I have been charged, prosecuted, convicted, sentenced and imprisoned for alleged violations of Section 302.020, RSMo. In 1999, the Missouri Legislature made the third and subsequent violations of this statute a Class D felony offense, punishable by up to 5 years in prison. Since I have long been a vigilant claimant of my antecedent, unalienable right of ordinary locomotion by private automobile, I have been assaulted numerous times by Law Enforcement Officers for my claim and exercise of right, which they and quisling, pettifogger, shyster prosecutors, judges, and plundering, parasitic politicians have converted into a crime. This had resulted in some conviction, first as misdemeanors and now felony offenses in criminal prosecutions for which I am facing at least 9 years in prison to be served consecutively.

The facts, evidence and law presented in this notice will prove unequivocally that criminal syndicalism is being committed against the people of Missouri under Color of Law, under Color of Office, using Color of Process, and that my persecutions are malicious, vindictive, retaliatory, and selective because I have discovered, and I am exposing such criminal activity by word and by deed. The actions against me have not been for any actual criminal breach of the peace, or any legitimate government purpose or compelling interest, but instead have been a futile attempt to silence me, destroy me, discredit me, and use my persecutions under Color of Law to place fear in others who might dare to rise up in righteous indignation as I have and expose the criminal syndicalism. Such usurped power concedes nothing without demand.

Section 302.020, RSMo. is the statute enforcing the “Motor Vehicle Driver’s License Tax” imposed by Article X, Section 4(a), Missouri Constitution , an section 136.030, RSMo. The driver’s license is merely evidence of the payment of the aforesaid tax, which is an excise tax applicable against “every person” who is by choice a “public person” invested with some public purpose, such as driving a public school bus, public transportation, or a government-owned vehicle. It would also be applicable to "every person” who is the owner of operator of a “motor vehicle” used exclusively for profit or gain on the public highways pursuant to Title18, USC, Section 31, Uniform Traffic Code. This statute is found to be applicable under the Civil Code in Section 517.011,RSMO. Thus, section 302.020, RSMo. is merely a civilly regulated traffic infraction, and not a criminally regulated act such as murder, rape or robbery.

Please take notice that I am a God-created, living, breathing man, living and working on the land of my birthright and covenant of the Creator, and that I am not a public person, and that I am free of any and all public contracts. I do not own, nor am I the operator of any motor vehicles, and the same is true at all times pertinent to the assaults against me by public servants. This being the case, in order for me to fill out an application for the license, I would have to lie and misrepresent myself, which would be a crime. Furthermore, for a public servant to try and force me to apply for, obtain and possess said license, when I am not a member of the class of public persons required to have on is an inducement to slavery and misapplication of law. The public’s general habit of blind obedience to the statute, which is built upon their woeful ignorance, cunning deception, and vague and imprecise notions, cannot be used as a legal basis for its enforcement, general practice and custom to the contrary notwithstanding. There is no provision in the criminal code for my punishment as a persistent or prior offender for alleged violation of Section 302.020, RSMo.

According to Section 556.021, RSMo. a mere civil traffic infraction may not be construed as a crime, nor may any legal disability or disadvantage be imposed against a defendant for its violation, but only fine or forfeiture may be imposed. Before any criminal charges may be imposed against a defendant, the charging officer must have sufficient personal knowledge and probable cause to believe a crime has been committed to rise above his mere suspicion to a level of reasonable belief. In order for any criminal prosecution to take place, there must first be an actual breach of the peace, and a real damaged party, and a properly verified written affidavit of complaint by a competent witness, subscribed and sworn/affirmed before a proper jurat, sufficient for a judge to issue a valid warrant the arrest of the defendant. (See Sections 542.020, 542.030, 542.040, RSMo.)

In my alleged cases, there was no actual breach of the public peace, no real damaged party, no properly verified affidavit of complaint by a competent witness, subscribed and sworn /affirmed before a proper jurat, and no valid warrant. There was no alcohol or drug related driving offenses. I am not a licensee who has had his license suspended or revoked, nor do I have any criminal record whatsoever. In fact, I have an excellent driving record of over one and a half million miles with only a few minor accidents, none of which were my fault. In the course of my life I have always been a very productive and beneficial member of society. I am not eligible for, nor do I receive any government-granted benefits, entitlements, privileges, protections, or welfare, I am perfectly capable of working, providing for myself, protecting myself, and conducting myself in a responsible manner, and do not want or need any public servants to be my babysitter, and I highly resent any such overly intrusive and abusive invasion of my rights to life, liberty, privacy, and the pursuit of happiness, which includes the enjoyment of the gains of my own industry, such as my claim and exercise of right of locomotion in private property (automobile) on the public roads owned by the people.

State and U.S. Constitution guarantee a republican form of government, as opposed to a legislative democracy, which democracy James Madison described as a most vile form of government, as turbulent in its beginning as it was violent in its ultimate death in his “Federalist Papers #10.” The simple truth is, the legislature is prohibited from exceeding the limits set forth in the Constitutions which secure the people’s liberty and freedom, because the people are the holder of the inherent political power, and they cannot delegate to their politically inferior legislators any powers which would derogate or abrogate the antecedent, unalienable rights, liberties and freedoms of the people, for the simple reason the people themselves posses no such powers in the first instance, and therefore have not done so!

Section 302.020, RSMo. is a de facto, extra-constitutional regulatory revenue scheme, applicable against only those public persons subjecting themselves to the de facto jurisdiction. When a man is not engaged in any activity that requires the payment of the tax, he has the absolute right to choose not to voluntarily subject himself to this de fact statutory authority and remain free of such public contracts. This then brings me to the fact that my being incarcerated also imposes slavery upon the people, forcing then to provide for my every need because I refused to become a slave, when I am fully capable of being a responsible, productive, and beneficial member of society. My being prosecuted by the quislings, and convicted by the woefully ignorant, deceived and incompetent jurors, and sentenced and imprisoned by the quisling, pettifogger, shyster prosecutor, Robert Parks, and the quisling, pettifogger, shyster Judge Robert Schollmeyer, makes a mockery of both state and U.S. Constitutions, and flies in the face of fundamental American jurisprudence. The numerous, flagrant substantive and procedural due process violations are a matter of public record, and a blemish on the integrity of the court, in all my cases and need not be dwelt upon here. (Franklin County case #20R030001269-01)

The automobile is not an inherently dangerous machine, nor is its private possession and use an act that may be taxed or regulated beyond the applicable civil traffic ordinances established for orderly flow of traffic. Our system of criminal justice may not lawfully be used under Color of Law to extort revenue from motorists for mere traffic infractions, by threatening and imposing legal disability or disadvantage (probation/incarceration) without substantive and procedural due process of law in a plenary proceeding, without violating the 13th Amendment to the U.S. Constitution and federal racketeering laws.

My being cast into prison merely because I have dared to stand forth in resistance to such tyranny and oppression, bears witness that this is exactly what it is under color of law. I have become a “monkey wrench” tossed into the gears of the protection racket of legalized plunder and extortion machine, and I hope and pray it grinds to a halt. Many will cry out the creed of tyrants and oppressors, “necessity,” but this lie will no longer be believed. The only true public safety resides within the people and their sacred liberty, and the human public servants who are allowed to run the people’s corporate fiction creature government may not be as gods and rob the people of their liberty and freedom to responsibly exercise and enjoy it without usurpation of the peoples’ inherently held political power, and breach of constitutional limitations. If no one had the evidence of the payment of the “motor vehicle driver’s license tax” in their possession when motoring on the public roads, nothing would change except needless government bureaucracy, and non-productive public parasites would no longer be a burden on the people. Millions of people would drive million of miles, 24 hours a day, 7 days a week without any increase in traffic accidents, in fact, since people would no longer have their inferior public servants acting as their babysitters, the people will actually be more cautious and directly responsible for themselves and their actions. As Thomas Jefferson wisely stated, the government that governs best, is the government that governs least.

About the time the enhanced penalty of felony was enacted by the legislature for third offense of violations of Section 302.020, RSMo. the Missouri Department of Public Safety (or Transportation) spent a million dollars or more encouraging all applicants for a driver’s license to also make a pledge to be safer drivers. This provides further proof that the license does nothing to provide public safety. My question is, to whom or what was this pledge to be made? If the pledge is made to the people’s corporate fiction creature government, and their mere human public servants who run it for them, of what good is it? It seems to me this was a flagrant breach of the First Amendment to the U.S. Constitution, and Article I, Sections 5,6,and 7, Missouri Constitution, and beyond the scope of government authority. A pledge is in the nature of a covenant or a contract. I already made such a ‘pledge’ or covenant with the Creator long ago, which governs my every action and compels me to always act responsibly, and in love of my fellow man and to honor and love the Creator by keeping His perfect law of liberty, and not to have other gods (law systems) before Him, or to become entangled in any such de facto, corpora ficta yoke of bondage, or be slave to men (see I Corinthians 7:23, Galatians 5:1, James 1:25, Romans 6:16, Acts 2:38, et al).

As our forefathers once said, men will either be governed by God, or they will be ruled by tyrants. Thus, when mere inferior public servants attempt to play the role of tyrants, oppressors, and force me, their political superior to bow in submission, I must resist and rebuke them in the name of Jesus Christ for usurpation of political power, and impairment of my obligation of contract with the Almighty Creator, with specific intent to violate my rights as a matter of law. Such resistance as was proclaimed in scripture, and by the followers of Jesus Christ in the founding of America, as ‘obedient to God.” (II Timothy 4:1-5)

With the foregoing in mind, what purpose, or what good can be derived by my being cast into prison at the great expense, and to the great detriment of society because the people are deprived of their wealth, plus my very productive and beneficial presence therein?

I strongly encourage you to carefully consider the dire consequences of such senseless persecutions of the few faithful and obedient messengers and servants of the Almighty Creator as told in scripture for our learning. In every case, Almighty God had His harsh vengeance on the evildoers. I strongly suggest you heed the lesson of Gamaliel n Acts 5:17-41. I hereby and herein tell you disobedient public servants, just as Elijah told wicked and evil King Ahab (I Kings 18:17,18), that it is not I who trouble the people of Missouri, but you disobedient public servants who have attempted to transform the people’s corporate fiction creature government into a godless democracy, which is Baal worship and an euphemism for a humanist, socialist (communist) police state ruled be fascism, and made of Creator’s laws of no effect, and quisling, pettifogger, shyster lawyers, and plundering, parasitic politicians are depriving the people of justice, and robbing, raping and ruining the public like common pirates and highwaymen thieves through usurped power of the police gun under color of law, as is evidenced by me senseless persecutions and senseless persecutions of others! It is you who have used your legal sophistry and trickery to make good appear as evil and evil as good, and deprive the needy of justice (Isaiah 5:20, 21, 23 and 10:1,2,and 3, Luke 11:46-54, et al)! It is you who have turned our free, independent, Christian constitutional republic “upside-down”, and it is we few faithful, obedient servants of Almighty God who are now compelling you to cease your usurpations, and turn over our government “right-side up” and back into obedience to the organic law upon which it was founded (Acts Chapter 17)!

In 1983, the U.S. Congress passed public law 97-280, 96 Stat. 1211, and President Reagan signed it into law, proclaiming that the Christian Bible is the word of God and is to be applied in our land, America. This I do in my humble capacity as a duly authorized ambassador of the Kingdom/Government of Yahweh, our Creator, and as a follower of Yahshua, the Messiah, whom many call Jesus the Christ. I am an evangelist and messenger of the word of God; one who is “standing in the gap” because no one else will, and one standing as a “watchman on the wall sounding the alarm of warning to all who have eyes to see and ears to hear, that our Heavenly Father is not mocked and we, as a nation of His people will reap what we have sown for turning away from Him and His perfect Law of Liberty. (See Ezekiel, chapters 22 and 33.)

As it is written, and as history proves, those who persecute His humble messengers will have done unto tem in equal measure or more on their own heads. The wickedness and evil, and all who have perpetrated it will be consumed and taken out, and His faithful, obedient servants who persevere, will “shine forth as the sun in the kingdom {government} of their Father” (Matthew 13:37-43). God speed the day! Halleluyah!

In parting, my persecutions would not have occurred if our Heavenly Father had not intended for me to suffer and endure them. You, and those wicked and evil, disobedient public servants who have cast me into prison do not yet realize that God is using it to awaken His people to how wicked and evil their corporate fiction creature government had become, and how wickedness and evil is destroying our society, government, liberty and freedom, and dispossessing us of our land. While most professing Christians blame “Satan”, and will tell you there is nothing we can do until Jesus comes again to save us, they fail to realize that they themselves are to blame for their failure or refusal to enforce the law that binds their public servants found in the constitution. Moreover, they themselves are to blame for their failure or refusal to enforce the laws of our Creator/Savior “on earth” where His kingdom/Government is, in our respective lands of birthrights, covenant and promise He made to our Fathers Abraham, Isaac, and Jacob/Israel, of which America is one. At the signing of the unanimous Declaration, July 4th, 1776, Samuel Adams proclaimed: We have this day restored the Sovereign to whom alone men ought to be obedient. From the rising to the setting of the sun, let His kingdom come!” If you asked an American fighting for liberty in 1776 who His governor was, he would have told you he had “NO KING BUT KING JESUS!” Which was the battle cry shouted up and down the coasts of America. Jesus told us in His word He had overcome our adversaries and all who hate us, and us to take dominion and see to it his will/law be done “on earth” (in our own lands) as it is in Heaven (Matthew 28:18-20 and Luke 10:19). According to Hebrews 13:8, Jesus Christ is the same, yesterday, today and forever. Now if we had Him as our King in 1776, is He not still our King? Sorry Governor Holden, but you are not my governor. You are the governor of the people’s corporate fiction creature government, bound by the chains of the Constitutions as the people’s public servant! There is nothing new under the sun; this same exact thing happened in Jeremiah’s time (Jeremiah 5:30, 31). Like Jeremiah and the other prophets, apostles and Christ himself, those of us who now “shout from the housetops” that which has heretofore been hidden (Matthew 10:26, 27), are rejected, scorned, and persecuted by both the blind fools running government, and woefully ignorant, deceived multitudes (See Romans 1:18-32). Just as it has always been for us, our Creator gives a choice: repent (come out of strong delusions, face the truth and reality, and change the way you think and act), or perish. I’ve made my choice to serve Yahweh/Yahsua (one and the same), and to never again compromise with the sacred liberty He gave me to be free by His shed blood, here in this land of His promise, wherein He has placed us, His covenant people, Israel (now know as Caucasian Christians), to live by his laws, whereby we will have His blessings, and not His curses (Deuteronomy Chapter 28), and from which we shall move no more (II Samuel 7:10). Make your choice carefully as to whom ye shall serve. (See Matthew 10:26-39, 12:30, John 14:15, 15:12-13, Hebrews 12:8 and Revelation 3:15,16)

I remain a humble messenger, in service to the only Risen King, Savior and Law-giver of America, Jesus Christ.

Dave G. Baugh
-Victim of criminal government

posted by Jeff  # 6:56 AM

Thursday, April 01, 2004

How it all went down

Dave has asked that no one file anything on his behalf unless you've spoken to him about it. He's trying to get some things together to file and didn't want multiple filings to confuse things.

Dear Friends and Fellow Patriots, March 24, 2004

(Now,) a rundown of what has taken place since January 8, 2004: As most will recall, I had the case in Franklin County, Missouri which had resulted in me being placed on “probation” by the judge which I never agreed to, the condition of which, I was not to operate/drive a motor vehicle w/o a valid license. Of course, not being the owner/operator/driver of any such motor vehicle, I continued to exercise my right of locomotion in private property. Prior to this, I had been stopped and charged in Washington County, Missouri with the same violation, plus failure to register, and failure to show proof of financial responsibility, on January 7, 2003. Finally, after several hearings, I was forced into a bench trial (I waived jury trial, realizing there are no competent jurors) on January 9, 2004. I called the two cops as my witnesses and asked then if there was any actual breach of the peace/real damaged party, and they both said no. I had previously asked the judge if the matter was criminal or civil, and he dais that he was “treating it as criminal,” but also said there would be no jail time, and the only punishment would be fines. This fits in perfectly with section 556.021, RSMo that provides that such traffic infractions may not be construed as crimes, and no legal disability or disadvantage may be imposed as punishment, only fine or forfeiture. I also asked the cops if they had any evidence to show that I was, in fact, the owner/operator of the automobile I was traveling in. Both said the MODOR Report through Missouri Uniform Law Enforcement Search (M.U.L.E.S.) came back showing there was no record of that automobile as being either titled or registered with the MODOR. I was given a copy of the MULES report. This report stated “not on file” when asked for information regarding the car, which proves that my sending the MODOR issued title, signed and given to my by the previous “owner/operator,” back to the MODOR, along with my letter of transmittal, informing them that it would not be used as a motor vehicle, and that I had exchanged my labor for it, and that my labor, and right to contract it was not taxable, and could not be infringed upon by state government, and that my use of it was to be exclusively in nontaxable, non-regulate able activities and capacities, in exercise of my unalienable right of locomotion and other unalienable rights, and therefore it was private property and not a motor vehicle as defined by law (Title 18, U.S.C., Section 31, Uniform Traffic Code, 1974), was honored.

This “official notice” was my timely and duly made declaration by certified mail, offering the MODOR 10 days to refute my claim, or it would be acceptable as proof of my claim which could not be refused afterward. I did receive a response from the MODOR 6 weeks later, advising me to send them the original title, so they could close out their records on that particular automobile, which I did. It is as if the car is private property.

I pointed out to the court that the cops and the prosecutor failed to present any evidence that I was the owner of the automobile, or any motor vehicle and therefore the charge of failure to register could not be applied against me. I also pointed out that it is legally impossible for any person to register an automobile with the MODOR as a Motor Vehicle if that automobile has not been specifically rendered a motor vehicle by its owner/operator making application for a MODOR issued certificate of title. Furthermore, it is a legal impossibility for the state to charge a person who is not proven to be the owner of an automobile, which has been issued a certificate of title, requiring him to register said motor vehicle annually with the MODOR. The prosecutor tried to read into the law that which is not manifest in its terms, stating that even of I was not the owner/operator, I was still required by the statutes to be insured, and I objected, but the court ignored my objection. I also asked the cops if they had any personal, first-hand knowledge I was the same person using the name “DAVID GEORGE BAUGH” who had made the application for the drivers license at issue, said to be “valid expired,” and all they could answer was that they determined I was the same person based upon information made available to them. I had also filed into the record, and introduced as evidence, my affidavit of material and jurisdictional facts in support of my demurrer (motion to quash), and the judge took judicial notice of the entire case file, which showed the cops and prosecutor had failed to state a cause of action upon which the relief sought could be had against me.

They were really pissed off. They tried not to show it, but I saw it in their eyes. I had beaten them fair and square with the facts and the law. I had upset their usual star chamber, cash register court proceeding wherein their victims were robbed, pillaged and plundered, and quisling, pettifogger, shyster, lawyers and parasitic, puppet political prostitutes gained unjust enrichment from the woefully ignorant and deceived people. They had to get even, they had to stop me, and prevent me from exposing their protection racket of legalized plunder and extortion for all to see. They had to silence me, and discredit me, and at the same time make an example out of me to place fear in the hearts and minds of others who would dare to think and reason for themselves, educate themselves in facts and law, and then boldly take a righteous stand for our sacred liberty our Savior & King, Jesus Christ gave us in which to be free.

The judge said he could not enter a verdict and had to continue the case till February 10th, when he would announce the verdict and, if I was found guilty, sentence me. Upon leaving the courtroom, I saw the two cops and the prosecutor huddling together, speaking quietly, and then go into the prosecutor’s office, as I had to wait for the clerk to make some copies for me, I did not leave right away, and I noticed the City of Potosi cops positioning themselves around the courthouse. Realizing they were all just waiting for me to hop in my van and take off, I though I would first have a little fun with them, and walked around to where they were parked, and smile and waved at a few of them. They scurried around in their cop cars, watching me, and radioing one another. It reminded me of when I was a child playing such games. It was funny, but I knew they were serious and to them it was a game, but their “duty” as law-enforcement officers to get even with me. I pulled out and headed toward the grocery store, and to my surprise, I was not assaulted. I got some dog food, cat food, orange juice and 10 pounds of chicken leg quarters, and headed toward Casey’s to get some gas. There he was, Captain C.R. Gaines, waiting for me. As I pulled into Casey’s and was pumping gas, Gaines and three other cop cars converged, blocking the parking lot/gas lanes. WOW! I’m a dangerous criminal, right? A real threat to society because I dared to assert my rights and prove they are nothing but government armed thugs; puppet, non-productive parasites, feeding off of the woefully ignorant, deceived people in a protection racket of legalized plunder and extortion.
I smiled as Gaines came running up, informing me that the Kingdom of Yahweh and my strongly held spiritual training and belief is “bullshit.” He had previously indicated to me he was born and raised a Catholic and it would do me no good to discuss “religion” with hi, because he knew it all. I said nothing to him, realizing I would be casting my pearls before swine. As I was taken into custody by another office, I demanded to be taken immediately before a magistrate. I was not, and was placed in the City of Potosi jail for about 6 hours, and then issued tickets charging me with operating a motor vehicle w/o a driver’s license, failure to register, failure to show proof of financial responsibility and failure to display an inspection sticker. The prosecutor and cop had conspired together and the cop’s “probable cause felony statement” and prosecutor’s request for a warrant based on said statement was granted by the same judge. I was placed in Washington County jail on $7,500.00 bond, due to the “seriousness of the charges.” They had been aware of my case in Franklin County, but had not brought it up previously. My guess is they hoped I would just pay their fine rather than fight them. The question that comes to my mind is this: How is it that a judge or prosecutor may arbitrarily and capriciously decide whether or not to make traffic charges civil infractions or criminal infractions, when there exists no actual breach of the peace or damaged property sufficient for the court to issue a warrant, based upon the required written affidavit of complain by a competent witness? Also, I am not a public person, but I am a private man free of all public contracts.

Unfortunately for me, I was at the same time fighting off the evil, predatory money changers, and as a result of not being able to go to a hearing on Monday, January 12, 2004 and file another pleading which, I believe, would have successfully stopped the foreclosure, my humble abode of the past 20+ years was stolen from me. I believe this too was part of the conspiracy against me, but don’t know if I can ever prove it. I think those moving against me, as well as the local deputies, were fearful I would make armed resistance, but I would not have done so, realizing I can resolve the matter civilly in the courts. Also, I resolved when I embarked on this crusade and commitment to “pick up my cross and follow Christ” that I must forsake all else, and trust Him wholeheartedly. Better men that I have sacrificed much more than I, so I have no claim of loss in that record. Besides, we who do follow Him and persevere, are promised to be restored “an hundredfold,” and that we are to “shine forth as the sun in the kingdom of our Father,” so to me, though I am saddened by my losses, I am reassured that no matter what happens, even in death, nothing will separate me from Christ, and great will be my reward in heaven. So on January 13, 2004 the moneychangers acquired my home, and all my belongings were removed. Fortunately, my daughter and her husband were successful in securing things of value and importance, mainly my books, papers, computer, tools, guns, and personal belongings. Life will start anew for me when this tour of duty as a Christian soldier on the front line is served, and I am afforded some rest and relaxation.

Meanwhile, I was carted off to Franklin County on a writ of habeas corpus ad prosequendum the first week of February, and a hearing to determine whether or not I had violated a “probation” I never agreed to was set for March 15th, and I was returned to Washington County. On February 10th, I was taken to court for the hearing/sentencing of the case which was treated as an infraction for violation of which only a fine or forfeiture could be imposed. As could be expected, the judge found me guilty on all three charges, and sentenced me to pay a total of $650.00 in fines. He then asked me how and when I would be paying the fines. I informed him that due to his having me in jail, I was indigent and could pay nothing, whereupon he informed me he was finding me in “civil contempt,” and sentencing me to 60 days in ail, with credit for time already served. In retrospect, I think I gave him the wrong answer, and should have asked him how he expected me to pay it, and with what, since there is no lawful money. Also, I think the case Burgess v. Texas provides that a defendant may not be imprisoned for failure to pay fines simply because he is indigent because it violates the 14th amendment.

So I went back to jail and remained till March 11, 2004, when I was released from Washington County and transported to Franklin County for the hearing on March 15, 2004, on a warrant with no bond. I guess the fools think I’m scared and might try to run. The hearing was had, and it was determined I had violated my probation by the judge. I admonished him, and rebuked him and the prosecutor on the record in the name of Jesus Christ for committing constitutional anarchy, treason and oppression in office against the people, and stated for the record that of Parks, the prosecutor had not conducted himself as a quisling, pettifogger, shyster, there would be no case, and that the judgment was, and always will be a void judgment. I was then taken back to Franklin County jail. Usually, prisoners are transported to Fulton (or elsewhere) at the convenience of the sheriff’s dept. or the D.O.C. In my case, within one hour, I was shackled, chained, and loaded in a van with 4 others, and immediately brought here to Fulton, Missouri. In the past, I have had some success using the power of the pen in Franklin County to invoke question in the minds of the people over this prosecutor’s 13 years of selective persecutions of me over this license issue. He and others have gone to extraordinary effort to propagandize the public, and to discredit me, and of course, use me and my prosecutions under Color of Law to try and discourage others from following in my footsteps and challenging state authority to require License/ registration/title, etc. As we all know, what is at stake here is a tremendous amount of unjust enrichment, plus a means by which to control, regulate and monitor people, financed by the fraud and scam.

As I’ve always said, this license/registration issue is key to the overtake plan of conquest and perpetual slavery of Americans. The average person is totally unaware of being unaware of what is going on. We must awaken at least those of them who have eyes and ears to see and hear the truth, which, when sufficiently and properly applied into our society, and our government, will make us a free nation once again, and also restore peace, happiness, and abundant prosperity in America, and other countries as well.

My being in prison is, I believe, our Heavenly Father’s will; otherwise I would not be here. Over the years, He has equipped me for the task at hand, to go behind enemy lines and be captured if you will, to better accomplish His purpose for me, and His Awakening of His people through humble messengers such as myself. Believe me, this is not something I enjoy, but I am enjoying being here, because I am meeting many like-minded men, who inspire and encourage me even more, and my humble efforts are doing the same for them. These prisons are fertile ground for Christian patriots! Frankly, I’ve found more true Christians in jails and prison than ever in any of the social clubs called “churches.” These men have courage, conviction, and are willing to make a total commitment to liberty and freedom without fear! As I see it, our Heavenly Father is stirring up His people, and sorting us out, as we move into this regeneration and cleansing of our land. As it is written, many who think they are first, are going to find themselves last and least in the kingdom (government) of our Creator.

I assure everyone I will, as best as I am able, be litigating my way out of here. I’ll be filing habeas corpus, petition for a declaratory judgment, prohibition/mandamus, and a Rule 29-15 motion to vacate judgment. I welcome any and all offers of assistance and suggestions in that regard.

I also am asking for everyone to pull together, particularly those in Missouri, so we can take full advantage of this, and other such situations, and act simultaneously, collectively, yet autonomously, in reaching out to others in a concentrated effort built upon liberty and freedom. Together we can exert enough energy and pressure to effect change- to awaken folks to the truth, and enable them to face reality- you all working on the outside- and those of us on the inside at the same time. Your letters are needed and welcome, and all will be answered to the best of my ability.

Why are there those of us who are right in the law and follow correct procedure, but still end up in prison? For the simple reason we are right, and our oppressors can inflict injury under color of law with impunity, and most people could care less. There are no “silver bullets.” The limits of tyrants are set by those they oppress, and eternal vigilance is the price of liberty. As it is written, our antichrist adversaries and all their quislings, stooges and lackeys hate our King, Jesus Christ, and so they hate those of us who proclaim Him as King before men who usurp our inherently held political power. Let us use my persecutions to our advantage, as everything works together for good to those that love the Lord and are called by His name, according to His purpose.

I remain your humble servant, in His service for liberty,

David G. Baugh

Edited for length and context & transcribed by Jeff Thomas (jthomas@learfield.com)

posted by Jeff  # 6:16 AM
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