September 13, 2011 was the second day of a two week Wilkes County Superior Court session. NCAR citizen Mandie Rose had previously been advised by NC Assistant District Attorney Fred Bauer that she should be in court at 9:00 AM and that her case would be heard at that time. At 8:45 AM Cliff and Sara Muncy, Jill Ainsworth, and Mandie along with her husband Bobby arrived at the court house. At 4:04 PM, with only three others remaining in the court room, Mandie was finally called. Judge Lindsey Davis presiding stated that the burden of proof was on the state and listened while the ADA made a very valiant attempt at arguing subject matter jurisdiction.
The opinion of most everyone in the NCAR group was that the judge remained impartial, and took the matter quite seriously. In Mandie’s statement and rebuttal she pointed out the fact that the ADA was addressing subject matter jurisdiction, where the matter at hand was challenging their lawful claim to jurisdiction over the soil. Judge Davis required that the state produce more detailed evidence to support the jurisdictional claim within 14 days, and that the state was to provide said evidence to Ms. Rose prior to the next court date so that she may have ample time to review and prepare her argument. The ADA intends to have his evidence and bring forth his argument on Monday, September 19, 2011. With the Superior Court session only lasting through next week, he seems to want to get this out of the way so that it doesn’t carry over into the next session in November.
Over the course of the next few days, we will be making solid efforts to obtain the transcript from yesterday’s hearing as quickly as possible, and Mandie will be working closely with the NCAR Legal Team on strategy and preparation of upcoming arguments. As always, we will keep you apprised of how these events unfold, and we will let you know once the next hearing date has been scheduled. Also we will be posting the details of the transcript here on our website as soon as it becomes available, so keep an eye out.
We Need Your Help
What we are trying to accomplish will put America back on her constitutional foundation, and we need individuals who can take a few hours out of their day to be in court with us. The purpose is two-fold:
1. It sends a message to the court, the press, and the de facto state that this is a serious cause and is well supported.
2. Whether you are preparing for your own day in court, or simply want to witness exactly what it is that is happening in these modern-day courts – these hearings are eye-opening and provide an educational experience like no other. If you’re interested in coming out to an upcoming court session, let one of our representatives know and we would be happy to give you more information about what to expect, and how to prepare.
Additionally, your financial support is appreciated to help keep these wheels turning. These cases, particularly when they escalate to this level, can be costly and require a tremendous amount of resources. Individual citizens often cover these expenses out of their own pocket, and we want to support them in every way we possibly can. If you too would like to help support these citizens, click here to donate to our legal fund. If you would like to use an alternative method for donating contact email@example.com.
In the words of Samuel Adams, “It does not take a majority to prevail … but rather an irate, tireless minority, keen on setting brushfires of freedom in the minds of men.”
Thank you for helping us set these brushfires of freedom.