Awaken America Campaign continues...EDITORIAL OPEN CHALLENGE TO MY OPPRESSORS May 17, 2005
My fellow Missourians must be fully informed via Freedom of the Press of all the facts and law (truth) regarding the State’s expenditure of public funds exceeding $40,000 annually, to sentence and incarcerate me for NINE (9) years consecutively for my refusal to pay a FIFTEEN DOLLAR ($15) EXCISE (INDIRECT) TAX in order to peacefully, reasonably and responsibly exercise my antecedent, unalienable right of the enjoyment of the gains of my own industry guaranteed by Article I, §§1,2,&3 Missouri Constitution!
Said tax is the “motor vehicle driver’s license tax,” collectible by the Director of the Missouri Department of Revenue by §136.030, RSMo. And imposed by Article I, §4(a), Missouri Constitution, and enforced under Chapter 302, RSMo., payment of which is evidenced by possession of a MODOR-issued driver’s license. Said de facto, extra-constitutional, regulatory revenue scheme is made applicable under the Civil Code of Missouri pursuant to §517.011, RSMo., using the Rules of Criminal Procedure, but ONLY when applicable pursuant to §§543.220 & 300.580, V.A.M.S. and NOT the Criminal Code of Missouri under §§558.016 & 558.019 (see also 556.021, 556.026, & 556.031, V.A.M.S). Being an EXCISE (INDIRECT) TAX, such arbitrary and capricious enforcement is expressly forbidden by Article I, §2, Cl.3, and Article I, §9, Cl.4, U.S. Constitution & Article I, §§1,2, & 3, Missouri Constitution.
The record of my case #20R030001269-01, Franklin County, Missouri, shows: The charges were not drug or alcohol-related, and; that I was not a licensee or a licensee who had his license suspended, revoked or cancelled, and’ that I have no criminal record whatsoever, and: that my ONLY convictions are for my refusal to pat the aforesaid tax of $15.00, and; that I have an excellent driving record of well over 1 ½ million miles in 46 years with only a few minor accidents not my fault, and; that I’ve ALWAYS been a very productive and beneficial member of society until being assaulted & deprived of my life, Liberty and property by public servant usurpers for exercising my aforesaid right consisting of ordinary locomotion in private nontaxable property (automobile), without payment of said excise tax.
Missourians MUST ask Franklin County Prosecutor, Robert Parks why he spent 3 ½ years, resorting to extraordinary measures, and lying ion the record, to selectively, vindictively, and maliciously charge, prosecute, convict, sentence, and imprison me ALL AT PUBLIC EXPENSE, given the aforesaid facts & law (truth) ? WHY did FIVE judges recuse themselves to avoid hearing the case? WHY were my pretrial hearings & sentencing hearing NOT CONDUCTED IN OPEN COURT ON NORMAL LAW DAYS? WHY did specially appointed, sixth Judge, Robert Schollmeyer, REFUSE to either grant or deny my timely & duly filed Motion for Judgment of Acquittal when Parks stated ON RECORD he had no rebuttal to it? WHY did said Judge FAIL & REFUSE to acknowledge my controverting of the verdict at Allocution? WHY did said Judge, ON RECORD, REFUSE to answer my question: “Is my non-possession of a driver’s license a criminally prohibited act such as murder, rape, or robbery; or is it a civilly-regulated matter?” WHY did two prosecutors in different counties enter a Nolle Prosequi rather than prosecute me for the same alleged offense? WHY did another County prosecute me for the same alleged offense as a civil infraction? WHY is the Missouri Judiciary REFUSING to address this issue on my lawful & meritorious Petitions? These, and other questions must be answered by Parks & Schollmeyer, et.al., in the Public Interest since these actions against me are costing the Public well over $360,000.00, PLUS depriving society of my proven very productive & beneficial presence therein.
My challenge is simple: Since I raised the issue of the State’s legal capacity to sue/charge me with presumptive liability to pay the aforesaid tax, §§509.140 & 136.300, RSMo. Compels the State to first prove my liability prior to any prosecution, either civil or criminal. The record shows my oppressors REFUSED to do so on my DEMAND (to be so informed of the Nature & Cause of the accusations against me).
It is senseless for me to languish in prison at so great a loss to the Public (& myself & family) over a $15.00 excise tax. Missouri is the “SHOW ME STATE.” Therefore, if my oppressor can, they MUST SHOW ME I am in error, and liable to pay said tax by rebutting my assertions to the contrary, ON OATH OR AFFIRMATION, PUBLICALY, ON RECORD according to their oaths of Office to uphold & obey the Missouri and U.S. Constitution. Their failure or refusal to do so is tacit admission I am correct in my claim of their FLAGRANT CONSTITUTIONAL, ANARCHY, TREASON & OPPRESSION IN OFFICE THROUGH MISAPPLICATION OF LAW in my case. Either way, the issue will be resolved, and the Public Interest of this TOTALLY UNECESSARY, & OVERLY EXCESSIVE BURDEN and manifest injustice will be averted.
Cordially,
www.davebaugh.blogspot.com(Signed)
David G. Baugh
1098495
3-D-907-1
Moberly Correctional Center
PO Box 7
Moberly, Missouri 65270
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Back in GPDave has been removed/released from the Infirmary and put back into General Population, against his objections. He remains on blood thinners to treat his heart condition. He's waiting to undergo a 'stress test' to help determine best treatment. Dave maintains that his incarceration IS a stress test! The DOC has approved his medical treatment, but has delayed him from actually receiving it...for a lack of funds, they say. Dave says that he will file grievance soon for this "careless & reckless disregard for (his) health & well-being, and unnecessary endangerment to (his) life."
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Heart troublesDave called today, he's been seeing a doctor in Jefferson City, Missouri about his heart condition. Seems they have him on a few medications that he'd rather not be on, but is taking it anyway. Feeling fairly good at the moment, he says. Still working on his writ, should be filed in a few days.
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