theprestige
Penultimate Amazing
Since I've started watching court cam footage, I've seen quite a few Sovereign Citizens trying to represent themselves.
This is no longer a fringe movement. People trying sovcit arguments in court is becoming a trend. Twenty years ago it was a novelty. Now it's something courts have to deal with on a regular basis. One side effect of this is that judges seem to be getting pretty good at recognizing and ignoring sovcit nonsense from the defendant.
Also, I think sovcit courtroom tactics are evolving. Here are the main tropes as I see them at this time.
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What I think is going to happen next:
I've seen pro se defendants who have their act together. They understandn court proceedings. They know how to file a well-formed motion before the court. They know how to object and what to object to. They are never Sovereign Citizens.
But SovCits could potentially be like these well-informed and prepared defendants. They could figure out how to properly file a discovery motion. How to more effectively navigate the minutiae of court rules and procedures. I think that pretty soon, a SovCit defense is going to look a lot like actual practice of law. They'll still be wrong on the points of law they raise, but they'll at least be following the court's rules.
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What gets me is this: Legal proceedings really are complicated things, with lots of fiddly little bits and gotchas that get even even experienced attorneys from time to time. There really are Is and Ts that, if left undotted or uncrossed, will get you out of jail free.
But here's the thing: Judges and lawyers have been at this for a long time. They have collective centuries of training and institutional knowledge about how to avoid the gotchas. You'd have to get up really early in the morning, to catch the court missing a trick.
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Anyway, yeah. My prediction is that SovCit arguments are going to look more and more like conventional lawyering over time, and that sooner or later a SovCit is going to win on the merits of their legal argument. And I think that on that day, their legal argument is going to be indistinguishable from law as it is practiced by regular citizens and their attorneys.
This is no longer a fringe movement. People trying sovcit arguments in court is becoming a trend. Twenty years ago it was a novelty. Now it's something courts have to deal with on a regular basis. One side effect of this is that judges seem to be getting pretty good at recognizing and ignoring sovcit nonsense from the defendant.
Also, I think sovcit courtroom tactics are evolving. Here are the main tropes as I see them at this time.
- Jurisdictional Challenge: The defendant tries to force the court to admit that it does not have jurisdictional authority over SovCits. Rebuttal: The judge asserts the court's authority, usually appealing to the people or the constitution of the state in which the court is located. The defendant's rhetoric is ignored and they are forced to move on.
- Absurd Discovery: The defendant tries to demand a mountain of documentation, all of which is either redundant, wildly impractical, flatly impossible, or some combination. Rebuttal: The judge often grants motions for reasonable discovery, and denies the motions for things like a signed affidavit from everyone in the government from the arresting officer up to the president of the United States. Sometimes the defendant's discovery motion is so poorly worded that the court cannot grant it as written.
- No injury, no crime: Sometimes the defendant tries to argue that without an injured person, there cannot be a crime. Rebuttal: The judge asserts that there has been a crime, and moves on.
- I am not him: A classic, but I haven't seen this as much as I expected. Probably because of the rebuttal. Rebuttal: If you're not him, you're free to leave, and I'll issue an arrest warrant so we can get him in here. I've seen this rebuttal used at least twice. It worked both times.
---
What I think is going to happen next:
I've seen pro se defendants who have their act together. They understandn court proceedings. They know how to file a well-formed motion before the court. They know how to object and what to object to. They are never Sovereign Citizens.
But SovCits could potentially be like these well-informed and prepared defendants. They could figure out how to properly file a discovery motion. How to more effectively navigate the minutiae of court rules and procedures. I think that pretty soon, a SovCit defense is going to look a lot like actual practice of law. They'll still be wrong on the points of law they raise, but they'll at least be following the court's rules.
---
What gets me is this: Legal proceedings really are complicated things, with lots of fiddly little bits and gotchas that get even even experienced attorneys from time to time. There really are Is and Ts that, if left undotted or uncrossed, will get you out of jail free.
But here's the thing: Judges and lawyers have been at this for a long time. They have collective centuries of training and institutional knowledge about how to avoid the gotchas. You'd have to get up really early in the morning, to catch the court missing a trick.
---
Anyway, yeah. My prediction is that SovCit arguments are going to look more and more like conventional lawyering over time, and that sooner or later a SovCit is going to win on the merits of their legal argument. And I think that on that day, their legal argument is going to be indistinguishable from law as it is practiced by regular citizens and their attorneys.