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Thread: Why courts will not help the ignorant! United States v. Johnson, 76 F. Supp. 538 (M.D

  1. #1

    Why courts will not help the ignorant! United States v. Johnson, 76 F. Supp. 538 (M.D

    If you do not know your rights nor care to defend them if you do, expect no help from the courts.

    The privilege against self-incrimination is neither accorded to the passive resistant, nor the person who is ignorant of his rights, nor to one indifferent thereto. It is a fighting clause. Its benefits can be retained only by sustained combat. It cannot be claimed by attorney or solicitor. ]It is valid only when insisted upon by a belligerent claimant in person. McAlister v. Henkel, 201 U.S. 90, 26 S. Ct. 385, 50 L. Ed. 671; Commonwealth v. Shaw, 4 Cush. 594, 50 Am.Dec. 813; Orum v. State, 38 Ohio App. 171, 175 N.E. 876. The one who is persuaded by honeyed *541 words or moral suasion to testify or produce documents rather than make a last ditch stand, simply loses the protection. Once he testifies as to part, he has waived his right and must on cross examination or otherwise, testify as to the whole transaction. [SIZE=5][U]He must refuse to answer or produce, and test the matter in contempt proceedings, or by habeas corpus. The holdings in the cases of this type cited by defendant are sound, but they do not apply here because Memolo did not resist, he acquiesced. Likewise, he did not have himself held in contempt or arrested for refusal. Furthermore, he had the documents in his possession and returned them. Finally, he did testify as to such matters many times before this grand jury and now expressly waives the privilege against self-incrimination as to this testimony.
    adjective: belligerent
    1. 1.
      hostile and aggressive.
      "a bull-necked, belligerent old man"
      synonyms:hostile, aggressive, threatening, antagonistic, warlike, warmongering, hawkish, pugnacious, bellicose, truculent, confrontational, contentious, militant, combative; More
      informalspoiling for a fight, trigger-happy, scrappy
      "a belligerent attitude"

      antonymseaceable, friendly
      • engaged in a war or conflict, as recognized by international law.
        synonyms:warring, at war, combatant, fighting, battling
        "belligerent nations"
        antonymseaceful, neutral

    noun: belligerent; plural noun: belligerents
    1. 1.
      a nation or person engaged in war or conflict, as recognized by international law.


    contempt proceedings
    of court, often referred to simply as "contempt", is the offense of being disobedient to or discourteous toward a court of law and its officers in the form of behavior that opposes or defies the authority, justice and dignity of the court.

    ha·be·as cor·pus
    ?h?b??s ?kôrp?s/
    noun: habeas corpus
    1. a writ requiring a person under arrest to be brought before a judge or into court, especially to secure the person's release unless lawful grounds are shown for their detention.
      • the legal right to apply for a habeas corpus.

    Last edited by Gavilan; 07-05-18 at 04:39 AM.

  2. #2
    Difficult but no, haven't been been belligerent. I use courts mainly as evidence repository for refusals for cause. Very helpful in stopping process. No guilt here.

    Wonderful use of the asterisk, btw. Thank you

    Attachment 5113

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