Anti-Government Movement Guidebook

A. Party Files "Odd" Documents/Uses Antiquated Pleading Forms

Members of the movement adhere to what they consider to be the "common-law." The common law in their terms is not necessarily the sort of judge-made law that the legal community typically would consider to be common law, but instead is a hodgepodge of Biblical quotes and doctrines, misplaced quotes from cases, leftover concepts from early legal doctrines, self-serving readings of the Constitution and other sources of law, definitions from long out of date legal dictionaries, and Blackstone's conception of "natural rights." As a result of this misshapen body of law, adherents to the movement often file what amount to massive and frivolous or irrelevant pleadings, motions or other documents. They will attempt to argue bias and "illegality" on the part of each part of the trial process, the judge, the prosecutor, the jury, even the bailiff. They may file actions against the judge or the prosecutor in order to have them disqualified. It is also common for them to file a motion for sovereign immunity on the grounds that they are a foreign nation, or to file a motion to dismiss based on the fact that they are not subject to the court's jurisdiction on bases varying from the UCC to violations of various constitutional rights (many members of the movement have tried to have traffic citations dismissed on the grounds that they violate the constitutional right to travel, for instance).

In addition to filing documents that are simply irrelevant or contextually inapposite many adherents to the movement file documents that seem antiquated or even outdated, or use legal language and Latin that is just uncommon if not unused today. Many, in "resurrecting" the common law, apparently feel that the modes of pleading and the legal terminology used gives their filings greater legitimacy. Some even refuse to recognize most of the changes made in the law since the ratification of the Fourteenth Amendment, under the argument that the Fourteenth Amendment impermissibly reapportioned the balance of local/state/federal power.[11] They will argue the Bible, cite the Magna Carta, file writs of Quo Warranto to have the judge or prosecutor removed, or attempt any of a number of other motions or filings to make proceedings slow, to disrupt them, or to render them entirely impossible.

The truly insidious problem with this tactic is that it is not uncommon to find, buried within the morass of useless drivel, a pleading, motion, or argument that is not only tenable, but even valid, and perhaps even a winner. Members of the movement often hope to get a "hook" by filing a huge document with one valid motion or pleading in it, expecting the judge to be too frustrated or busy to find it. Also, in filing what appear to be antiquated types of motions and pleadings, followers may very well know at least one part of the law better than those who regularly practice it legitimately: a number of states specifically reserve all causes previously existing at common law, and virtually any state may have simply failed to preclude a cause that did exist under common law. In essence, the adherents may have found a way to use the law against itself.

B. Responding to Unusual Documents

Members of the movement are American Citizens, regardless of their views of the American legal system. Because of this, they have the same rights that anyone else has to their day in court. This, in conjunction with case law that seems to require courts to construe pleadings (especially those filed by pro se litigants) broadly in order to effectuate the purposes for which they were intended, makes it clear that courts should deal very carefully with odd pleadings filed by members of the movement. While it is beyond doubt that the court has the authority to throw out worthless or incomprehensible pleadings, or at least to require that they be amended, such actions should be taken with the recognition that they are likely to fan the flames, and may even result in both lawsuits in legitimate courts and lawsuits in the movement's own common-law courts.

1. Explain Court Rules and Adhere to Them - As always when dealing with the movement, it is important that the court set forth and adhere strictly to the "rules of engagement." The court should make clear what is expected/required of the parties, and make clear the standards and time restrictions for pleadings and motions, as well as the option of amending or correcting defects in pleadings. Where the rules or schedule are violated the court should make a ruling or issue a sanction (or both) and move on.

2. Make Clear Rulings - The court should not hesitate to reject motions, pleadings, or arguments that have no basis in law or fact. Where the court chooses to do so, it should make the basis for this ruling perfectly clear. This serves at least two purposes: first, it makes it easy for higher courts to uphold the court's judgment against the party, and second, it takes away the argument by the movement that the court's action was lawless and arbitrary. It is important, especially where dealing with members of the movement, that clear rulings are given in all contexts, admissibility, validity, denying or upholding motions, etc.

3. Thoroughly Consider Documents and Arguments - Nothing is more frustrating than getting a massive stack of documents, most of which are irrelevant and all of which are nearly incomprehensible. Still it is important that the court take note of and consider carefully the documents filed by the parties. Again, it is a common tactic for the movement to file documents with one valid document or even one valid argument hidden inside, in order to create reversible error and tie up the court system. Also, because causes of action must be construed so as to effectuate their intent, a motion that is invalid or antiquated may be similar enough to a valid motion that the court should either substitute for the party or offer the party the opportunity to amend. Finally, in some places, what looks like an invalid mode of pleading may actually be statutorily preserved—it may in fact be valid. It is best to deal with members of the movement as fairly as the system allows, so as to take away their ability to point to flaws in seeking support.

4. Give Opportunity to Cure Defects in Pleadings - Virtually all systems of procedure allow for amendment of pleadings; the federal system, for example, is extremely permissive in allowing amendments. The court should allow the party to amend its documents to make them valid where it looks like this is possible. Furthermore, the court should attempt to follow case law in construing the arguments so as to effectuate their intent, at least where this intent has some basis in law and fact. Members of the movement should not be denied the opportunities to amend that non-members are given, this is exactly what some followers point to in support of their conspiracy theories.

[11] This particular objection explains the movement's reliance on Bouvier's 1856 Law Dictionary - It was considered the source before the passage of the Fourteenth Amendment.