Alexander Pope was an English poet who lived in the late seventeenth and early eighteenth century. His works themselves aren't read much today, but he did leave behind a number of lines that are quoted frequently, among the most famous of which is, "A little learning is a dangerous thing." Though there are a number of ways to interpret it, it is most commonly understood to mean that when someone gains a little knowledge about something, that person is likely worse off than someone who knows nothing about it.
That's certainly a principle that applies to some lay interpretations of the law. There are people who hear about a legal concept and then try to apply it in ways that it was never intended -- or in ways that no court ever would.
Which brings us to the federal prosecution of Frederick R. James, who in the early 2000s was charged in the federal court in the Southern District of Illinois with selling marijuana and possessing a firearm. Thanks to a 1975 U.S. Supreme Court decision, he was allowed to act as his own attorney -- and "act" is about as close as he got.
James' defense (or, as federal appeals court judge Frank Easterbrook later described it, his "defense") was that his ancestors came from Africa, that he was therefore a Moorish national, and that as a result he only had to obey those laws mentioned in an ancient treaty between the United States and Morocco. Easterbrook noted, "This view of legal obligations is espoused by many adherents to the Moorish Science Temple, which was founded in 1913 by prophet Noble Drew Ali. Moorish Science is a heterodox Islamic sect based on teachings of Drew and his 'Seven Circle Koran.' It is a tenet of Moorish Science that any adherent may adopt any title, and issue any documents, he pleases. Drew told his followers that they are not U.S. citizens and distributed his own 'Moorish Passports.' "
Perhaps the most interesting precept of this "religion" was that some members of the sect hand out what they call "security agreements" purporting to oblige strangers to pay hefty sums for using the members' names, which they deem copyrighted under their private legal system. As Easterbrook explained, "James is among those who claim a right to compensation for every mention of his name. James demanded that the prosecutor, witnesses, and judge enter into compensation contracts before James would acknowledge the court's authority."
If that principle were enforceable, it might make a lot of law enforcement folks think twice before bringing charges against someone. It certainly would confuse things if every criminal case had be brought under a title like, "United States v. Nameless," or if witnesses had to testify, "So I approached Nameless over there, and he said . . ."
In pursuing "Nameless," er, James, the federal court and prosecutor did have to take more time than they otherwise would have. Judge Easterbrook: "Needless to say, the combination of a wacky 'defense' with the demand for payment every time James's name was spoken diverted attention from the criminal charges." At one point during preliminary proceedings, James addressed the court: "You do not have my permission to use my private property in this courtroom. I can be addressed as secured party. You do not have my authorization for using my copyrighted name in this courtroom without compensating me."
Wait -- has Donald Trump heard about this?
Well, anyway, Easterbrook added that James also refused to cooperate with his appointed lawyer, "who would neither support his proposed defense nor enter into a compensation contract for the use of his name." The trial judge decided to refer James for a mental examination (where, unsurprisingly, he refused to cooperate) but the psychologist could find no reason Nameless/James was unfit for trial. And one can conclude just from the fact that the case ended up before the federal appeals court that the trial court -- and jury -- took a dim view of James' claims, and that he was convicted of the offenses.
James' "legal theories" did have one other impact. Before the trial, he started mailing out his "contracts" that demanded $500,000 from each participant -- court staff, lawyers, etc. to use his name. He even had a package delivered to the judge's home that caused some consternation among the U.S. Marshal's Service who discovered that it was not a bomb -- just more of James' "contracts."
James refused to stop mailing his "contracts." So, at the end of the case, the judge ended up giving James additional jail time because his antics interfered with the court proceedings.
Frank Zotter, Jr. is a Ukiah attorney.
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