Hovind’s plea: “subornation of false muster”

| 144 Comments

Well, I’ll give Dr. Dino this: at least he is consistent in his wackiness. The latest from the Pensacola News-Journal:

Hovind’s attorney, Assistant Public Defender Kafahni Nkrumah, told U.S. Magistrate Judge Miles Davis at a hearing Monday that his client did not want to enter a plea because he does not believe the United States, the Internal Revenue Service and the U.S. Attorney’s Office “have jurisdiction in this matter.”

When pressed by Davis to enter a plea of either guilty or not guilty, Hovind said he wished to enter a plea of “subornation of false muster.”

“Subornation,” according to Webster’s Dictionary, means instigating another to do something illegal. “Muster” is an assembly, often for inspection or roll call.

When pressed by Davis, Hovind said he was entering a not guilty plea “under duress.”

First, I would just like to say that everyone here at PT would like to express their sympathies to the public defender assigned to Hovind. I suppose public defenders see all sorts of weird things, but Hovind will be a handful.

I attempted to gain a little more insight on what “subornation of false muster” is supposed to be – the poor reporter was obviously struggling. The Pensacola News-Journal‘s columnist, who was at the hearing, said it was “a defense I haven’t heard in 30 years of hanging around courtrooms.”

I googled the phrase (as did the columnist). There is but one hit – to an appeals case in Washington state. The decision has something to do with a guy, Michael Didier, who was evidently trying to avoid a conviction for burglary and violation of a restraining order to keep him away from his separated wife. The rationale?

Mr. Didier considers himself a ‘citizen of heaven’ rather than a U.S. citizen and works with Remedies at Law, 3 Report of Proceedings (RP) (May 19, 2005) at 381, which he describes as an ‘ecclesiastical law firm’ staffed by non-bar members. 3 RP at 380. Mr. Didier’s wife, Judith Didier, petitioned for legal separation. On December 29, 2004, a Pierce County Superior Court Commissioner Pro Tempore granted a temporary order that, inter alia, ordered Mr. Didier to vacate the family home at noon on January 2, 2005, and restrained both parties from ‘molesting or disturbing the peace’ of the other or from ‘entering the home’ of the other. Ex. 1. Mr. Didier attended the hearing without a lawyer, challenging the jurisdiction of the court and filing a pleading [1] based on his understanding of religious and constitutional law that asserted claims against those that he saw as interfering in his family and marriage. Mr. Didier was present when the commissioner announced and signed the temporary order; Ms. Didier’s lawyer also served him with a copy that same day.

[…]

On January 8, 2005, while Mr. Didier was away, Ms. Didier, accompanied by relatives and friends, re-entered the home and hired a locksmith to change the locks. Before the locksmith could do so, however, Mr. Didier returned. Seeing his car, Ms. Didier hid in the bathroom while her friends locked the doors. Mr. Didier entered through a window, telling the others present to leave his home and demanding to speak to his wife. He asserted that the restraining order barring him from the home after January 2nd was invalid because of his ‘revision.’ He made similar assertions to the police, and also told them that he was bound by God’s laws, not theirs. The police nevertheless arrested him.

[…]

Mr. Didier’s own testimony before the jury included assertions that he was a ‘citizen of heaven,’ not a U.S. citizen or Washington resident. 3 RP at 381. He objected to being subject to Washington’s courts at all. He volunteered that he drove using a church-issued driver’s license. Given this testimony, the State argued to the jury that a person who chooses to be in Washington is subject to its laws, and if that person also chooses to violate the law, that person pays the consequences.

[…]

[Footnotes]

[1] Mr. Didier titled this document ‘ABATEMENT/COUNTER-CLAIM’ and within it attempted to enter a plea of ‘Subornation of False Muster.’ Clerk’s Papers (CP) at 19.

This must somehow be associated with Glen Stoll, the guy in Washington who heads Remedies at Law, that has also been representing the Embassy of Heaven Church. An Ed Brayton post from 2004 has some background. See also PT and Dispatches posts mentioning Glen Stoll.

All I can add is that in Oregon, in the 1990s, there was a group (called the Embassy of Heaven or something, but I’m not sure it was the same group [added in edit: actually, yes, it is the same group]). They had 40 acres or so near Salem that they said was the independent nation of “Heaven”, not subject to taxes or other state laws. In a story that is too long to go into in depth, I and some friends actually visited Heaven in person at the beginning of a huge Road Trip we did after graduating from high school. Heaven had its own signs, issued its own passports, and they had kind of a hippie-ish commune in the woods on their property. They had trampolines that we jumped on, and we listened to them try to explain what their philosophy was about for about an hour – they would go on and on.

The major point I remember is that Heaven was in an extended dispute with the Oregon State Police, because Heaven evidently made and issued its own license plates for its cars – and the highway patrol seemed to take a special pleasure in pulling over Heaven’s cars and confiscating their plates (the rumor was the officers would take them as souveniers).

Anyway – we left safely, and proceeded to drive to Eastern Oregon to visit Hell’s Canyon. This naturally made for an excellent title for the Official Road Trip Video.

Still, this doesn’t give much more insight on what exactly “subornation of false muster” is supposed to be. Any guesses?

144 Comments

What you put on a false bratwurst to make it taste better?

I’m guessing that this is tied in with Hovind’s claim to be a citizen of Florida but not of the US. By his logic, therefore, federal legal institutions would have no authority to order him to court, and he’s trying to point out that their actions on this front are therefore illegal.

It all makes perfect sense. If you accept that Florida isn’t part of the US, of course, which is pretty ludicrous. ISTR this thesis depends on some rather heavy quote-mining of old treaties, so I guess it’s not a surprise that it’d be Hovind who argued it.

Still, this doesn’t give much more insight on what exactly “subornation of false muster” is supposed to be. Any guesses?

It’s kind of the same logic behind his thesis.

His nonsensical, sub-high school language thesis on everything else but science convinced him that he was a science teacher.

He’s now trying to convince himself he’s up to speed with legal talk.

Also, the uneducated masses he preaches to probably would assume that Hovind’s crap is technical jargon that make sense to hide the fact that their ignorance.

If your supporters don’t know what you’re talking about, at least they won’t know you’re a phony.

I think Buzz Lightyear said it best:

“You are a sad, strange little man, and you have my pity.”

I am a lawyer (and a public defender)and I can only say that “subornation of false muster” 1. Does not mean what Rev. H. thinks it means. 2. Is not a plea. 3. Probably is just the reverend’s way of saying: “Excuse you me while I prepare to phonate out my other orifice.” 4. Is the kind of thing PD’s often have to parrot on behalf of clients, leading to our general weariness and fondness for gin (or shoe polish).

Once again, it should be pointed out that all of this nuttiness is standard “Patriot Militia” boilerplate. The militia movement refuses to recognize any governmental authority above the state level (many times, not even above the county level). Many of them refuse to obtain drivers licenses, or license plates for their cars (McVeigh was pulled over, as he was leaving the scene of the oklahoma City bombing, for not having a license plate). A few of them have even printed their own money (they refuse to recognize the Federal Reserve as having any validity or authority).

They are all, without exception, cuckoo clocks. Hovind fits in well with them.

Somehow I imagine this upcoming trial having all the humor of the Charles Guiteau trial without any of the depressing presidental assassination overtones. Court TV totally needs to have a camera there live at all times.

Oh and…

First, I would just like to say that everyone here at PT would like to express their sympathies to the public defender assigned to Hovind.

I have a suspicion that Hozind will be representing himself by the end of the trial. And, as a lawyer, will have a fool for a client.

Sub= part of something bigger or under something

Ordination= the gift of power to speak on behalf of some all powerful bureaucracy, given by fiat, when judiciously applied.… can be oneself.

of false= my word against yours

Muster = the larger of 2 groups of blind people.

Thus:

Under my self appointed godliness and with my rabble I will take on the the black helicopter brigade.

To which I reply.

Caesar si viveret, ad remum dareris If Caesar were alive, you’d be chained to an oar.

Just who elected Hovind to be god’s representative?

First, I would just like to say that everyone here at PT would like to express their sympathies to the public defender assigned to Hovind.

Perhaps Larry could represent Hovind?

You can’t just claim laws don’t apply to you because you consider yourself a citizen of somewhere else, can you? Isn’t citizenship a pretty clear legal matter?

In my practice I’ve had occasion to deal with drivel which originated with the freemen and related nuts who entertain bizarre political and legal theories. To someone who went to law school in this universe, they often sound like they have strung together words randomly selected from Black’s Law Dictionary. Conmen have internet sites where they sell “legal” forms full of nonsense which they promise the gullible are guaranteed to produce favorable judgments in courts. The good news is that if Hovind insists on pursuing this kind of defense, there is a good chance he is going to land himself in prison for many years. The IRS loves to make examples of celebrities; Richard Hatch got 51 months in prison for not reporting his million dollar prize on “Survivor” as income.

Damn - I know Florida is far from Pennsylvania, but I think the York Daily Record absolutely should send Mike Argento to report on the trial. I would even be willing to pitch in for some of the expenses.

You can’t just claim laws don’t apply to you because you consider yourself a citizen of somewhere else, can you?

Only in the alternative reality that Hovind resides in. In this universe, Hovind is likely to land himself in prison. He is finally in a forum in which the real world will trump over the BS he spews.

perhaps the point is the position Hovind occupies within his own religious community. in his position, any ludicrous explanation for any position is a humdinger argument because, well because Kent said so and people are expected to hold him in awe rather than use their brains. seems that Kent has become so used to this style of intellectual discourse that he has long forgotten the concept of someone having the authority to disagree and enforce that disagreement.

K.E wrote:

Just who elected Hovind to be god’s representative?

You forgot a few: Fawell, Robertston, Dumbski, Behe, Ham, Johnson and all the other nutjobs out there.

It never ceases to amaze me the number of people who think they can speak for God.

“False muster” is to falsify a muster book, recording the presence of a soldier (or horse) that is not present, or by “presum[ing] to muster a person as a soldier who is not a soldier.” “Subornation of false muster,” then, would be to illegally instigate someone to falsify a muster book, or to presume to muster a person as a soldier who is not a soldier.

Perhaps Hovind means by this plea that the court has illegally instigated his capture and presentation before the court as though he is someone under their jurisdiction, when he isn’t (so he thinks).

While reading the tale of Mr Didier’s problems, it occurred to me that he felt he had added a “signing statement” to the restraining order. That makes me wonder whether George B and his henchmen subscribe to the same legal texts that Kent and Mike and their gang are using.

If Dr Dino is claiming not to be a U.S citizen, doesn’t that make him an illegal alien? Instead of the IRS, maybe the INS should follow up on him. Not terribly sure where they would deport him to though.

Pensacola News Journal

When pressed by Davis to enter a plea of either guilty or not guilty, Hovind said he wished to enter a plea of “subornation of false muster.”

“Subornation,” according to Webster’s Dictionary, means instigating another to do something illegal. “Muster” is an assembly, often for inspection or roll call.

I think that he is claiming false persecution under God’s law by an invalid court.

I suggest central Africa. I have a friend who does field work there, and tells me of finding a couple of missionary’s bodies hanging from a tree deep in the forest. Apparently they failed to reconcile their version of reality with that of the locals. Perhaps Hovind should be thankful that he lives in a country that is relatively tolerant of this type of antisocial anarchistic lunacy.

“Not terribly sure where they would deport him to though.”

Does this declaration make him an enemy combatant? Deport him to Gitmo! Seriously, it troubles me that our justice system affords some individuals decades of Due-Process rights, and others none at all. If he were a less-popular type of religious fundamentalist, I’m sure his fate woule be very poor, indeed.

I think Hovind is trying to plead “sublimation of false mustard.” It would make more sense coming from this crank.

Dammit, with DaveScot out of the picture I don’t think UD will be blogging the Hovind case.

So when is he actually gonna get his day in court, or is this going to drag on for months? What’s the deal?

Why should Hovind get any fair trial in court? He didn’t pay his taxes. He should not get the benefits of a taxpayer funded legal system. He also should not get the benefit of a taxpayer funded prison. He also should not get the benefit of a taxpayer funded lethal injection. So he should just be shot and dumped somewhere. How much does bullets and guns cost at Walmart?

Laser Wrote:

Perhaps Larry could represent Hovind?

I would pay so much to watch that.

I think that he is claiming false persecution under God’s law by an invalid court.

Oh?.…

So he wants to be tried by god…does he now?

Is there anyway we can speed that up?

I thnk Sheikh Mahandi is right. He’s clearly an illegal alien, most likely from outerspace, close to heaven. I suggest that he be deported back there on the first available rocket destined for outerspace, or at least Neptune, Uranus or Pluto. He’s find comfort in being nearer to home. He’d be better off and so would the planet Earth.

Posted by Keanus on July 19, 2006 11:57 AM (e)

I thnk Sheikh Mahandi is right. He’s clearly an illegal alien, most likely from outerspace, close to heaven. I suggest that he be deported back there on the first available rocket destined for outerspace, or at least Neptune, Uranus or Pluto. He’s find comfort in being nearer to home. He’d be better off and so would the planet Earth.

Send him to Uranus. I don’t want him anywhere near my anus.

Send him to Uranus. I don’t want him anywhere near my anus.

Hovind will be the only one not getting any love in prison. Or maybe the most.

Hovind hardly needs to be shot of course, but I like the idea of dumping - perhaps on a tiny desert isle, where he can drink a stash of rum and contemplate the local wildlife’s adaptations. ;)

Hovind should be able to get drunk off his belief of Jesus, since Jesus is the best drug.

Wow, this thread turned sour quickly.

I think offering Hovind deportation to heaven is amusing.

Discussing how it is more cost efficient to buy a gun and shoot him rather than having the tax payer pay for lethal injection, is just bad taste.

Tax exemption is a privilege not a right. The IRS should have revoked it entirely when there where first signs Hovind was abusing it.

In fact I think tax exempt status should be revoked from any church / institution promoting creating science. There is a precedent for this in that churches have lost tax exemption for opposing the public good, specifically for promoting racism and segregation after segregation had been outlawed. Real science is important for the public good, and so called creation “science” is a direct attack on real science. While it is clearly protected under free speech and freedom of religion (and absolutely should be) it should be considered in opposition to the public good, and as such grounds for losing tax exempt status. We should not be indirectly subsidizing creationism.

From Neil’s link to the Escampia County Florida Official Records search I found an affidavit filed 8/10/2005 with two interesting attachements:

- His ordination certificate which lists him as “KENT E. HOVIND” (yes, in all caps!) and

- His list of speaking engagements in which most of the time he is named as “Dr. Kent Hovind,” but sometimes as “Eric Hovind.” (E stands for “Eric”? But why would he speak under his middle name?)

In fact I think tax exempt status should be revoked from any church / institution promoting creating science.

I think you could just leave off the last three words.

Tax exemption is a privilege not a right. The IRS should have revoked it entirely when there where first signs Hovind was abusing it.

An ex of mine used to do that for a living. In about 7 years she netted over a billion dollars in revenue from churches that abused their exempt status.

Yeah, there are a lot of them that do… and the IRS DOES take it seriously.

What does he do with Romans 13:1-7 ??

1 Everyone must submit himself to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. 2 Consequently, he who rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves. 3 For rulers hold no terror for those who do right, but for those who do wrong. Do you want to be free from fear of the one in authority? Then do what is right and he will commend you. 4 For he is God’s servant to do you good. But if you do wrong, be afraid, for he does not bear the sword for nothing. He is God’s servant, an agent of wrath to bring punishment on the wrongdoer. 5 Therefore, it is necessary to submit to the authorities, not only because of possible punishment but also because of conscience. 6 This is also why you pay taxes, for the authorities are God’s servants, who give their full time to governing. 7 Give everyone what you owe him: If you owe taxes, pay taxes; if revenue, then revenue; if respect, then respect; if honor, then honor.

This is also why you pay taxes, for the authorities are God’s servants, who give their full time to governing.

man, that’s genius. even back when it was written, the writers could clearly see the utility of saying “obey/pay us or go to hell”.

funny though, I personally have yet to meet anybody, xian or otherwise, who still uses this as the reason to pay taxes.

Clearly, Hovind doesn’t either, though I’m sure he has used the principle represented to gain tithings for himself on many occasions.

What does he do with Romans 13:1-7 ??

Are the Bible verses you quoted verbatim from the King James Version? Since Hovind is part of the group that believes King James is the most accurate english translation.

Maybe the Olde English slipped right past him, so he didn’t pay much attention to those verses.

Anonymous_Coward Wrote:

Are the Bible verses you quoted verbatim from the King James Version? Since Hovind is part of the group that believes King James is the most accurate english translation.

Maybe the Olde English slipped right past him, so he didn’t pay much attention to those verses.

My bad. I knew Hovind was part of the King James Version Only crowd, but it slipped my mind when I posted the verse in the New International Version. Here’s Romans 13:1-7 in the KJV, which says basically the same thing. Most Christians are aware of this passage; it comes up in discussions of what to do when the government forbids Christians to practice their faith, etc. In any case, I am certain Hovind is aware of this passage but finds some creative exegetical way around it, just as he is aware of the evidence for evolution but worms his way around it.

1 Let every soul be subject unto the higher powers. For there is no power but of God: the powers that be are ordained of God. 2 Whosoever therefore resisteth the power, resisteth the ordinance of God: and they that resist shall receive to themselves damnation. 3 For rulers are not a terror to good works, but to the evil. Wilt thou then not be afraid of the power? do that which is good, and thou shalt have praise of the same: 4 For he is the minister of God to thee for good. But if thou do that which is evil, be afraid; for he beareth not the sword in vain: for he is the minister of God, a revenger to execute wrath upon him that doeth evil. 5 Wherefore ye must needs be subject, not only for wrath, but also for conscience sake. 6 For for this cause pay ye tribute also: for they are God’s ministers, attending continually upon this very thing. 7 Render therefore to all their dues: tribute to whom tribute is due; custom to whom custom; fear to whom fear; honour to whom honour.

A few months ago I read an essay in a journal on legal tactics used by extreme seperatists, that is mountian men and such. Generally it incuded stuff such as this, they’d claim to not be legal citizens of the United States, instead claiming to be “natural citizens” or “sojourners”

I’ve never personally seen the language “subornation of false muster” but If I had to guess I’d say it’s very much the same sort of tactic. He’s alleging that he’s being forced into the legal status of a “legal citizen of the United States against his will.”

Keep in mind Kent Hovind previously has attempted to avoid income taxes by declaring himself to not be a citizen of the United States and attempted to default on debts by filing a spurious legal document that revoked any and all previous signatures on documents he’d signed”

I think this is very much in the same sort of behaivor.

Really, isn’t the time to harbour ridiculous notions of independence/separation and rebellion only during the mid-teen years?

Notions of “small government” aside, it really just becomes the “spoilt brat” syndrome.

I know it’s not a valid defence, but so what if he’s a citizen of Heaven, the US, or Ulan Bator?

The offense was commited in Florida, ergo, Florida has jurisdiction.

(On the other hand, according to international treaty, as an arrested alien Hovind should be allowed access to Heavens’ embassy.)

Re “according to international treaty […] Heavens’ embassy.)”

Er, is Heaven a signatory to any international treaties? Also, wouldn’t that have to be an interdimensional treaty anyway? ;)

Henry

Is all this paranoia against Kent Hovind because people earn alot by believing in and supporting evolution??

Comment 113465

Anonymous_Coward wrote:

Why should Hovind get any fair trial in court? He didn’t pay his taxes. He should not get the benefits of a taxpayer funded legal system. He also should not get the benefit of a taxpayer funded prison. He also should not get the benefit of a taxpayer funded lethal injection. So he should just be shot and dumped somewhere. How much does bullets and guns cost at Walmart?

These are not the words of an American. Is all this because Hovind hits the nail against the Evolutionary theory?

Lots of people pay their taxes and in return get an army of lawmakers telling the world that a hike in the minimum wage is inflationary after they vote wage hikes for themselves in percentages that hit the roof.

Those same people paid probably around 400 billion dollars looking for WMDs. Those who made these comments against Hovind now lose their reason and conscience. People have a duty to government. Government also has a duty to the people.

People have a duty to government.

Then why didn’t Kent pay his taxes or get that building permit?

There is another connection among the names mentioned here recently: Kent Hovind, Glen Stoll, and Michael Didier.

Glen Stoll, who seems to be in the Fed’s sights, heads the “Remedies at Law” outfit in WA State, as already noted. Stoll has served as “legal counsel” for Hovind in the latter’s tax troubles in FL. Michael Didier, recently out of the Pierce Co, WA jail (on burglary and violation of restraining order charges), works with Glen Stoll, and has helped promote various “Remedies at Law” programs as well as “ministerial trusts” and other tax evasion schemes promoted by the “Embassy of Heaven” outfit. There is much overlap between “Remedies” and “Embassy,” and Kent Hovind of Pensacola is aligned with these same stars.

It’s a thicket in there.

It reminds me of when Jim Garrison, DA of New Orleans started disputing the findings of the Warren Commission. He started getting a lot of attention from the feds, especially the IRS, and was eventually ruined. Hovind has been a proponent of government involvement in the Oklahoma City bombing.

It reminds me of when Jim Garrison, DA of New Orleans started disputing the findings of the Warren Commission on Kennedy’s assassination. He started getting a lot of attention from the feds, especially the IRS, and was eventually ruined. Hovind has been a proponent of government involvement in the Oklahoma City bombing.

> …the rumor was the officers would take them as > souveniers.

While the state might have the right to seize the plates the officers taking them as souvenirs is theft.

Is all this paranoia against Kent Hovind because people earn alot by believing in and supporting evolution??

I support and accept evolution and I haven’t seen a dime. And my paranoia, and out-right dread is the fact that meatballs like Hovind get a following.

Is all this because Hovind hits the nail against the Evolutionary theory?

If you think he’s presented good evidence, let’s see it.

Those same people paid probably around 400 billion dollars looking for WMDs…

Yes, the government is frequently nit-witted. But Hovind is not only nit-witted (or pretends to be), he’s also rich. Off your money.

Where did we leave off last time? buy cialis?http://digbig.com/4nrwy#cialis

All I have to say is Executive Order 11110

Oneiros?

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This page contains a single entry by Nick Matzke published on July 19, 2006 2:20 AM.

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