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Hirsch defends right of private travel in TN trial in 5-year-old case

Jay Hirsch, right, sits in a restaurant in 2017 with his Bible on the table near the supreme court building in Nashville where he is about to argue a criminal traffic and firearms conviction before judges of the criminal court of appeals. (Photo David Tulis)

July 18, 2022 — Arthur J. Hirsch is on trial Tuesday in the criminal division of circuit court in Lawrence County, Tenn., in a traffic case 10 days shy of being five years old, a case in which his defense exposes a longstanding racket run statewide by governments.

By David Tulis / NoogaRadio 96.9 FM

Judge David Allen will hear the cause in which an agent of the state, district attorney Brent Cooper, calls the distinction between travel and transportation one seen only by people who are mentally ill. Mr. Hirsch of Lawrenceburg is being criminally charged for not having evidence of commercial activity, namely a driver license, proof of insurance and metal registration plate proving he has gone to the county clerk (agent of the department of revenue) and converted his truck into a motor vehicle for purposes of carrying goods and people for hire.

Judge David Allen

All trucks, cars, motorbikes, trailers are subject to regulation if they are used for hire, for private profit and gain as a state privilege.

In Tennessee and most states, commercial government swindles the people with the cooperation of local police departments and sheriff’s departments who poach the administrative duties belonging to the departments of revenue and safety in Nashville. Revenue oversees registration, and the department of safety and homeland security oversees licenses and insurance, compulsory on all drivers and operators.

Mr. Hirsch, 72, a private businessman in the lawn and pavement repair line and a legal scholar, lays out the background of his defense in four judicial notices submitted to the judge’s office today. They make the distinction between traffic, transportation, commerce, driving and operating a motor vehicle on one hand — and travel on the other. 

His notices make no argument, but lay out law and cases that say private movement on the public right of way is a right. “A public highway is such a passageway as any and all members of the public have an absolute right to use as distinguished from a permissive privilege of using same.” Standard Life Ins. Co. v. Hughes, 203 Tenn. 636. 

“Both state and federal supreme courts have recognized two separate and distinct classes of users of the public highways, namely, those exercising a free unregulated right to travel, and those operating by taxable, state-granted permissive privilege for which a license, registration and insurance is required,” Mr. Hirsch says.

All traffic cases are actually administrative and are civil matters under a licensee’s agreement to adhere to a contract identified by the rules of the road.. But in Tennessee no one has stopped the abusive and ultra vires practice of local cops enforcing the motoring laws — which are federal — for purposes of harassment, revenue and self-justification.

Mr. Hirsch’s car was sideswiped July 29, 2017. State trooper Jonathan Pulley cited Mr. Hirsch at the accident scene and went before a grand jury and got Mr. Hirsch indicted for allegedly driving on a suspended driver’s license, no registration on the back of his truck and having no proof of insurance.

His defense, conducted in his proper person, points out two great groups. ”State and federal supreme courts have recognized two separate and distinct classes of users of the public highways,” Mr. Hirsch says, “namely, those exercising a free unregulated right to travel, and those operating by taxable, state-granted permissive privilege for which a license, registration and insurance is required.”

“I think if anybody will” hear his cause, Mr. Hirsch says, “it’s this man,” Judge Allen.

“He’s got a sensitive conscience. He’s a moral man. He loves the Lord. If anybody should have he spiritual discernment, that would be him. I’m almost sure he’s not going to continue this thing or deny it. There’s just too many angles. I didn’t have good judges before. I kept saying, ‘Lord, why is this doing on?” I had bad judge after bad judge. Now I got a good judge. So I think the Lord was waiting for this, and the Lord may be allowing him to expunge my record and to order that homeland security remove my fictitious license and suspension off their database.” 

How to fight

As for the nearby filings, they are extremely instructive of the legal basis for the right of travel and the right to be free from claims from cops and courts that one is exercising a state privilege. I provide them as instructive, cautioning a person in a similar situation as Mr. Hirsch from just cutting and pasting. Risking that a reader may fall into this temptation, I supply the key filings here. 

The defeat of traffic cartels and state patrol highwaymen comes from a proper defense as to the officer’s authority and the activity of the traveler at the time of the encounter. Trooper Pulley probably doesn’t have authority over the accused, and the accused was not carrying passengers or goods for hire at the time of the arrest — so was acting personally and privately in his use of car or truck.

It will be up to Mr. Hirsch’s line of questioning to elicit from the trooper whether the essential elements of the alleged crimes is present, namely the occupation and privileged trade of transportation. By training troopers don’t obtain evidence their victim is involved in traffic and transportation, so this element required by law to be proven is not proven, and presumption carries the state’s case.

Ahead for the people of Tennessee is digital ID, and digital licenses and other such signs of submission and remote control. If the people of Tennessee want to thwart that prospect in the use of the roads and of movement, they must start with the basic traffic ticket and traffic infraction. Travel is movement, communication, the exercise of rights. The defeat of satanic administrative legal claims against movement and going — under pretense of public health or safety — starts by defeating the presumptions that have oppressed Mr. Hirsch these five years.

People rarely fight traffic cases because the pain threshold is low enough to rationalize and simply plead guilty or pay. The racket has cooperation of all branches of government, and most people promote the falsity of “all travel is commercial” without realizing they are furthering a state-based skimming operation that stands without any legal authority. That all people have to have a license to “drive” has been enculturated by the media, schools and neighbors and friends.

In 2015 a jury convicted Mr. Hirsch of similar charges. An appeal to the supreme court was denied. The court of appeals ruling out of the criminal court in Knoxville is an abusive bit of judicial legerdemain. I analyze how the trial court and a jury of Mr. Hirsch’s defeated the cause of liberty in the trial.

Filings show limits in TN traffic laws

Hirsch draft dismissal order, advised by Judge Stroud book

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