Steve Palmer here again. Time for another lawyer talk.
Speaker:Q And A.
Speaker:I have had a lot going on upstairs in the
Speaker:law practice, so been a little bit behind, but catching up now.
Speaker:So without further Ado, we're going to jump right on.
Speaker:And I got a question here from Jack.
Speaker:This is about sovereign citizenship.
Speaker:This is an interesting topic.
Speaker:And the question is basically from Jack,
Speaker:who likes to watch people, apparently, and he's fascinated with various groups.
Speaker:He watches the Flat Earth Society, and
Speaker:he's asking some questions about sovereign citizen society.
Speaker:And here's his question.
Speaker:In the United States, there are some laws that, even though they are long
Speaker:established, can sometimes be found unconstitutional.
Speaker:Do sovereign citizens have a validity to their argument of not having to get a
Speaker:driver's license to drive a car, car insurance and plates on their vehicle,
Speaker:making their own custom plates or not paying their taxes?
Speaker:Part two, have you ever defended a sovereign citizen before?
Speaker:And part three, if you have a client who
Speaker:is a sovereign citizen who got charged with crimes for not having a driver's
Speaker:license, car insurance, legal plates on their vehicle, but your client demands
Speaker:that you defend him as innocent because he genuinely believes that he is operating
Speaker:under separate laws, how would you handle his case?
Speaker:Well, I have, in fact, represented some
Speaker:sovereignty, and I'm going to try to tackle this.
Speaker:And let me just premise this.
Speaker:I am no expert on sovereign citizenship or the sovereign citizen movement.
Speaker:I've done some reading and research in preparation for this.
Speaker:So I'm not going to hide that I didn't just know this, but generally
Speaker:speaking, sovereign citizens claim that their citizenship stems from their natural
Speaker:birth and they are not subjugated to the federal government.
Speaker:They claim, I think, generally speaking,
Speaker:that those of us who answer to the federal government have
Speaker:given up freedoms in exchange for a bargain of their protection or benefit,
Speaker:and they have chosen not to engage in that bargain.
Speaker:Therefore, they are sovereign on their own.
Speaker:They are citizens of their own, and they don't have to answer to the federal laws.
Speaker:I think that leads a lot of them not to
Speaker:pay taxes, not to participate in government action.
Speaker:I think what they do is they try to a lot of them, when forced to write their name
Speaker:down for some government purpose, we'll write it in all caps and say and sign it
Speaker:on behalf of this person, as if all caps is a straw man, sort of like a
Speaker:Corporation, and that is what represents them to the government.
Speaker:But they are truly sovereign behind that,
Speaker:sort of like a power of attorney type thing.
Speaker:This gets them in lots of trouble because they don't think that they need to have
Speaker:driver's licenses or registrations or pay taxes, like I said or other things.
Speaker:Now I'm not going to take a position on this one way or another.
Speaker:I don't think our government will ever
Speaker:honor the claim that there are, in fact, sovereign citizens out there.
Speaker:I think the federal government, the state
Speaker:governments, and local governments will all insist that they are the government,
Speaker:and everybody here has to answer to the laws.
Speaker:But jumping on these questions,
Speaker:do I find any constitutional validity to their claims?
Speaker:I don't. I really don't.
Speaker:I don't see as I read the text of the Constitution, as I studied the history of
Speaker:our country and how it all developed, I don't see it.
Speaker:But like I said, I'm no expert and I
Speaker:certainly don't judge anybody for what they believe.
Speaker:I do, however, represent people who get in trouble, and I have represented people who
Speaker:have got in trouble because of this ideology.
Speaker:And I've been at court with folks, and this is going to part two.
Speaker:Have I ever defended sovereign citizens before?
Speaker:Yes, I have.
Speaker:And I've been to court with sovereign citizens.
Speaker:And before I get into that, let me just say this.
Speaker:The interaction I've had, though limited
Speaker:with sovereign citizens has, generally speaking, been sort of harmless.
Speaker:I've never felt threatened by somebody who claims they're sovereign.
Speaker:I've never really had any real big problems.
Speaker:That said, I've not represented lots of them.
Speaker:As I researched this online, either in Google DuckDuckGo and other research
Speaker:engines or other search engines, I found there's a lot of negativity out there.
Speaker:The FBI has them on a domestic terrorist list.
Speaker:Most of the articles call them extremists, radicals, far right, etc.
Speaker:For. And I think it's probably true that some
Speaker:sovereign citizens are extremists and are radical and are far right.
Speaker:But I think it's also true that most are probably they would never bother you.
Speaker:They're harmless.
Speaker:They're not going to do anything.
Speaker:Now, here's where you get into issues when people draw generalizations.
Speaker:There's going to be a picture of Venn
Speaker:diagram, two circles you can have where two circles cross.
Speaker:You might have some sovereign citizens
Speaker:with some far extreme groups and their circles cross.
Speaker:And so some will be sovereign and radical and want to overthrow the government.
Speaker:Others are just sovereign and they're just
Speaker:going to live their lives and they just want to be left alone.
Speaker:So I think it's dangerous as it is with race, as it is with gender, as it is with
Speaker:all these types of things to group people in as stereotypes.
Speaker:But that said, have I represented sovereign citizens?
Speaker:Yes, I have.
Speaker:I've been to court where folks claim that they don't have to answer to this from a
Speaker:jurisdictional standpoint or from any other standpoint.
Speaker:And I've sat in the courthouse halls and
Speaker:I've talked to folks about this and I've said, look, I appreciate that
Speaker:I'm not going to debate you on this, but the courts here aren't going to agree.
Speaker:They're not going to say that.
Speaker:Oh, guess what?
Speaker:You're correct that we don't have
Speaker:jurisdiction over here, over you and let you go.
Speaker:It's not going to happen.
Speaker:And like I said, I've never had anybody have a violent or angry outburst at that.
Speaker:I've had frustration and I've had to have
Speaker:long conversations, but I've never had anything that really bothered me.
Speaker:Now, I know that some of these cases have gone far.
Speaker:If I had a client, this is part three, and
Speaker:I'm going to sort of tackle both at the same time.
Speaker:If I had a client who claimed he was a
Speaker:sovereign citizen, would I defend him based on that claim?
Speaker:And the answer is probably not, because
Speaker:I'm not allowed as a lawyer to assert legal arguments and claims that
Speaker:I know to be false or I know that aren't supported by law.
Speaker:So I don't want to say false necessarily,
Speaker:because I don't mean it as an insult, but I do mean it this way is that in our legal
Speaker:system, there is no valid argument that the courts will recognize.
Speaker:So I am like it or not, I am stuck with what the law is.
Speaker:And I run into this in all sorts of ways.
Speaker:There's lots of Supreme Court decisions I don't agree with, but
Speaker:my professional obligation is to recognize that they exist.
Speaker:If I get a chance to argue against them in
Speaker:a court where it's actually an issue, then I'll do it.
Speaker:But here I don't see a valid argument based on the law that I know and based on
Speaker:the governmental structure that I participate in.
Speaker:So a lot of sovereigns, I think, end up representing themselves for that reason.
Speaker:I read a case out of North Carolina where
Speaker:a court basically addressed a lot of these jurisdictional issues.
Speaker:I'm not going to go into the weeds on it, but they shot down every one of them.
Speaker:The case went up and down the appellate
Speaker:letter twice, and then it actually ended up in federal court.
Speaker:And it's all the same outcome.
Speaker:The court is going to say, no,
Speaker:we have jurisdiction over here, over you, no matter what you say.
Speaker:Now, as far as producing driver's licenses, et cetera, I understand that
Speaker:sovereign citizens a lot of times will create their own driver's licenses.
Speaker:They will have odd license plates.
Speaker:The case in North Carolina, the individual
Speaker:was pulled over and cracked his window just barely, and handed a card that said,
Speaker:I'm exercising my right under the Fifth Amendment.
Speaker:Unless you're going to arrest me, then you leave me alone and let me go.
Speaker:Well, they did arrest him, and he ended up in court and he was convicted of not
Speaker:having a driver's license and not having insurance, et cetera.
Speaker:Now, I think looking at this from a big
Speaker:picture, you can sense the frustration with the growing government bureaucracy.
Speaker:Bureaucracy, and maybe that's what is fueling this a
Speaker:little bit now more than ever, perhaps, where it just feels like the government's
Speaker:tentacles are in every part of our lives and people just want to be left alone.
Speaker:But that doesn't mean you don't have to follow it.
Speaker:There are legal basis to challenge a lot of this stuff.
Speaker:It's happening at the highest levels of
Speaker:the United States Supreme Court, and I think particularly covet a lot of the
Speaker:emergency orders that came from that and a lot of the executive
Speaker:orders that are coming out of the White House, really in the last three or four
Speaker:presidential regimes are starting to raise eyebrows, and people are questioning
Speaker:whether the executive branch has that much authority.
Speaker:We don't have a King. We have a President.
Speaker:We should have three individual branches of government.
Speaker:And they're starting to get blurred.
Speaker:And the executive branch is getting so
Speaker:much power that it's almost become a monarchy.
Speaker:And I think that will only fuel these I'll just say these minority groups more
Speaker:because the more it happens, the more people say this is crazy.
Speaker:It's not supposed to be this way.
Speaker:But there is a difference because you've
Speaker:heard me on this microphone and Lawyer talk actually say this is that I think we
Speaker:need to the administrative state of government has grown way too powerful.
Speaker:There's way too many tentacles out there in our individual lives.
Speaker:But that doesn't mean I just ignore it and don't follow the law of our society.
Speaker:I do participate and I am involved in I
Speaker:look at ways to challenge governmental action and governmental power.
Speaker:And I guess I'm fortunate for having a
Speaker:career in a profession that enables me to do that in a way that I can still be a
Speaker:citizen and I can still challenge governmental action.
Speaker:And I get to do it in the proper battlefield in the court system.
Speaker:We recently did a podcast with Rob Muse, and I urge everybody to go check it out.
Speaker:He's an attorney. He's working hard to really
Speaker:check the authority of government when it comes to our individual freedoms that are
Speaker:so precious to us in those first ten amendments of the Constitution.
Speaker:So seeing The Battle Hymn of the Republic
Speaker:as you listen to this in your head anyway, I'll wrap it up with that.
Speaker:Steve Palmer here Lawyer Talk Q A and A, where we are taking questions.
Speaker:We are answering them in bite sized chunks.
Speaker:That doesn't mean we still don't have the
Speaker:roundtable discussions with Norm Jared back at the microphone last week anyway.
Speaker:And Bread at Circle 270 Media.
Speaker:If you've got a question, if you've got a topic, if there's something you want me to
Speaker:cover, just go to Lawyertalkpodcast.com. We've recently updated the website, made
Speaker:it a little bit more user friendly, and submit your question there.
Speaker:If you really like what's going on with
Speaker:all your talk, feel free to become a Patreon.
Speaker:What's that mean? Just give us a buck.
Speaker:Give us ten. Give us $100 a month.
Speaker:If money is no object to you, it is to me.
Speaker:But here's the point.
Speaker:We appreciate the support.
Speaker:We appreciate everybody who's listening.
Speaker:Downloading our episodes paying attention
Speaker:sending questions and I'm going to keep bringing this content one way or another.
Speaker:As long as I'm still here and able to do it so with that this is lawyer talk.
Speaker:Q. A off the record.
Speaker:On the air. At least until now.