And so, I'll get input from the state on that, and then I do owe you a ruling on that. That does not prevent us from doing the arraignment. >> Honestly, it does, your honor, because the law state that anytime a court's jurisdiction is challenged, it must be proved It must be proved before the case can proceed, your honor. >> Okay. >> So, I I challenged the jurisdiction last month March the 4th, so that mean that we you have to set a court date for me to prove that you lack subject matter jurisdiction. That mean I have to bring my evidence State bring their evidence show jurisdiction, and I'm not a statutory entity, so therefore statutory laws don't apply to me, your honor. >> What's going on, guys? Welcome back to No One >> [music] >> Is Above the Law. Today, we are back for the second proceeding for Mr. Robert Pierce. [music] You guys had a lot of comments about this case. It's a very serious case, and just like I was wondering, I seen in the comments, you guys were feeling the same. Why is he bringing sovereign citizen arguments to a case that [music] has such a high potential of him going to jail for the rest of [music] his life? Nobody knows, but if you think the first proceeding was something, check this out. >> Finding out about your scheduling order. Okay. Um let's [clears throat] get on the record, please, Ms. Rivers. This is 24 SC 003257, State versus Ricky Pierce. Mr. Pierce um is in court. Uh he was at an earlier proceeding. Um uh he and I had a long conversation about self-representation. I've entered an order allowing him to represent himself or honoring his request to represent himself. Today, we're going to cover three things, Mr. Pierce. One, um we need to do your arraignment. Um, because we weren't sure if you were going to have a lawyer or be your own representative, I held off on arraignment, so we got to do arraignment. Two, I'm going to on the record get you the paper part of your discovery, which you can take with you. And then three, we're going to talk about scheduling, um, so that your case catches up with, um, Mr. Baker's. Um, so let's start with the arraignment. >> Before we can get into the, um, it's some it's some lot of issues that I had that I want to address before we get started with the arraignment. It's a lot of issues, a lot of questions that I have that I need to be answered. >> Okay. Um, so why don't you give me an example of one of the questions and then I'm actually going to decide whether we do arraignment first or your questions first. >> Um, Uh, >> [clears throat] >> well, the law state that in Hagen versus Lavine state that anytime our jurisdiction is challenged, that it must be proven before the case proceeds. >> Okay. >> And you're trying to proceed with this case without establishing jurisdiction first. That's the law, your honor. >> Okay. Um, it will work better as you and I are working together on this. If you've got legal concerns, you put them into a motion. So, >> I have filed a motion already, but I don't I don't Your honor. >> So, I'm going to look and see what's in the docket. >> It states that a court cannot proceed without establishing jurisdiction first, your honor. >> Okay. >> This is the law. I'm not saying nothing that's against the laws of Georgia, your honor, or or United States. >> She can't take down everything you talk about that. She's trying to take down everything you said. >> Right. So, so pause. Just just hold on, Mr. Pierce. Um, I'm looking in the docket here and, um, I'm not seeing that you filed, um, and it This may not have made it yet that you filed >> filed a >> motion challenging jurisdiction. Um but I'm happy to let you know right now I'm I'm real comfortable with the court's jurisdiction. That doesn't mean I won't >> this on it states that the person the proof of jurisdiction beyond reasonable doubt is certain. I'm the one asserting jurisdiction here, Your Honor. So, that means I have to prove jurisdiction, but you got to give me the opportunity. If you don't give me the opportunity, you're violating my rights, Your Honor. >> What's in your mouth? >> I'm penning. >> Oh, okay. I just want to make sure everything >> the law states that the the the person the asserting establishes jurisdiction is to prove jurisdiction, Your Honor. You're not letting me do that. >> Okay. >> You're not. >> Okay. Oh, I got you. Um so, one, we got to speak slowly, and two, now I'm better understanding you're saying you want to prove jurisdiction. >> Yeah, I'm the assertor. Can I just read my question just go through what I It's not that long. >> Okay. You said a whole bunch, but if it's not that long, how about I listen to you? >> Your Honor, it's a lot of things I'm not understanding right now, and it's a lot of questions I need you to answer. So, I so I can better understand what is going on up to this point, Your Honor. Like, hey, I changed the court's jurisdiction on March the 4th, 2025, and also filed a motion that's right here that's I have signed by the secretary the secretary the clerk saying that it's been filed. But, this is the motion right here that I have filed. I have here I have something copied back and everything. And plus, um the clerk says still trying to proceed with my case when you guys lack subject matter jurisdiction. Plus, it states in Louisville versus Motley, if any tribunal find absence of proof of jurisdictional or personal subject matter, the case must be dismissed. >> Okay. Slow down. Slow down. I'm going to let you keep reading, just slow down so Ms. Rivers can get what you're saying. >> And also, Your Honor, once jurisdiction is challenged, it is to be proven not by the courts, but by the party attempting to assert jurisdiction, which would be me. Your Honor, burden of proof lies with the accuser. >> Okay, I I'm now finding it just wasn't listed as a motion, but I do see it's in the docket right here. Um something that you filed. It's entitled >> Pro se and writ of prohibition. >> Right, got it. So I've got that. I will rule on that. Um I'm going to give the state a chance to respond. Um but you just filed Well, just you filed it a couple weeks ago. And so I'll get input from the state on that. And then I do owe you a ruling on that. That does not prevent us from doing the arraignment. >> Yes, it does, your honor, because the law state that anytime a court jurisdiction is challenged, it must be proved It must be proved before the case can proceed, your honor. >> Okay. >> So I I challenged the jurisdiction last month, March the 4th. So that mean that we you have to set a court date for me to prove that you lack in subject matter jurisdiction. I mean I have bring my evidence, the state bring their evidence show jurisdiction, and I'm not a statutory entity, so therefore a statutory law don't apply to me, your honor. >> Is is the writ of replevy, is that your challenge to jurisdiction, or is there another one? >> to go with my writ of prohibition. >> Okay. Um let me see if I have that. Let me see if I have that. Let me just take a look here. >> I have a lot of questions that I need to be asked. >> As long as you read slowly, we'll get through that. Okay, I think I've got your writ of prohibition also. And is that the challenge to jurisdiction? >> Um is is that um for fraudulent practices, misrepresentation, and lack of subject matter jurisdiction? >> Okay, I see that. It says for fraud Yep, they're all there. All right. So you filed them. Um I will I'm making a list here of things that um I need to work on and then I'll need to let the state respond. The way it works if you file a motion, the state gets a chance to respond. Once I have both sides, then I can rule on that, okay? >> but you still trying to proceed with the case your honor when we haven't established you trying to get me to plead when this case supposed to be at a standstill when I change the jurisdiction March to 20 March the 4th of last month. So that mean I have to you have to prove jurisdiction filing to make a plea on this young. >> I'm fine delaying the arraignment while we work through this. We don't have to do the arraignment today. I can hold on to the discovery and get you that another time. If you would prefer that I let the state respond and then I rule on it, we can we can handle it that way. Is is that what you'd like? >> I would like if we can just answer these questions as here right in front of you today your honor. >> So then don't read the motion anymore and tell me what are your questions. >> read the motion. I'll read my what I have wrote down my issues I have. >> Okay, but ask questions instead of telling me about these cases. >> Your honor, I am on let the record reflect that this is the defendant this birth certificate which is the person slash persona which is a legal fiction and also a statutory entity. >> I can't understand what you're >> Okay, I need I need you to slow down a little bit so Mr. >> Let the record reflect your honor that this birth certificate is the defendant. I'm physically showing the birth certificate everyone in the courtroom that this is the defendant and I am the defense. >> Okay. >> Your honor, I am only here in this courtroom by special appearance on a threat of arrest to administer affairs of the all caps self which is this birth certificate. >> Okay. >> As a sole beneficiary >> You told me you had questions. Tell me >> I'm getting to it. I'm just introducing to the question your >> I want you to go straight to the question now. >> Your honor, is this a court is this courtroom a court of record? >> Okay, what's your next question? >> Is this you going to answer it? Is this court >> I I want to know what your questions are. >> I'm asking the question. Your honor, is this courtroom a court of records? >> So, I thought you were going to share with me what the questions were. I didn't tell you if I was going to answer the questions. You said you had a bunch of questions. >> going to have me ask questions that you're not going to answer, your honor? That's not fair. >> Well, don't ask the questions then. You don't have to ask the questions. You said you wanted to ask your questions, and I'm happy to hear them. If it's appropriate for me to answer them, I will. >> So, you don't think me asking is this court of records appropriate? >> I I didn't say it was appropriate or inappropriate. I just needed to know what your questions were, and if they're ones that I should answer right now, like what time is it, I can tell you 3:51. >> Yeah, and I'm asking something very simple, your honor. Is this courtroom a court of records? >> All right, and what's your next question? >> Is your honor, is your courtroom a court of records? I'm I can't get >> That seems like the first question. >> need to be answered before, your honor, this question need to be answered for me to proceed, your honor. >> Okay, tell me what >> to get an understanding. If you're not trying to help me get an understanding, >> Um tell me what you mean by a court of records. >> Is this a court of records? It's simple. >> I don't I I don't know what that means. >> Is this courtroom a court of records? >> I I don't know what court of records means. >> And do they record and record and proceed on everything that's happening in this court? Do they record and document everything that's happening in this courtroom? >> I don't know about everything, but as long as Miss River as long as you're speaking slowly and clearly, then things are being taken down. What's your next question? >> Is this Fourth and County courtroom a court of records? The same question you're not answering, your honor. You You're trying like you're trying to dodge the question. >> No, I'm not. I want to make sure I understand the question. Um >> Is Is Is this Fourth and County courtroom a court of records? >> At times it is. >> And you Are you sure this courtroom is a court of records? >> If court of records means we take down what is said in court, then yes, sometimes this is a court of records. >> Court of records, your honor, I go by Ricky Demond Pierce, all lowercase letters, nothing more and nothing less. Again, I'm here by special appearance on the third and the rest of the gain of Mr. Farris of the All Cash Trust as the sole beneficiary and a shareholder of the trust, which again is this birth certificate. Okay, I'm also the executor of this estate and I'm not the living person, they're not the person or persona, which is a statutory entity. I'm the All Caps legal I'm not the All Caps legal official of my corporation. I'm the living man and I have proof signed by your government agreeing to the same. >> So, what's your next question? >> Your honor, before we could proceed with this matter, I have a few questions I need for you to answer. First, your honor, are you practicing color of law behind the bench? >> I'm not sure what you mean. >> Are you practicing color of law behind the bench because Title 18 U.S.C. section 242 clearly states that you are committing a felony if you are doing so. Title 18 states, "Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully willfully subject any person in any state, territory, commonwealth, possession, or district to the deprivation of any rights, privilege, or immunities secured by and protected by the constitutional laws of the United States, shall be fined under this title title or imprisoned not more than 1 year or both. And if bodily injury results from committed from acts committed in violation of this section or if such acts include the use, attempted use, or threat of use of a dangerous weapon, explosive, or fire, shall be fined under this title or imprisoned not more than 10 years or both. And if death results from the acts committed in violation of this section, and if such acts include kidnapping, attempted kill to kill, shall be found in this title or imprisoned for a term of years or for life or both or maybe sentenced to death. Now, my question let the record reflect that no legal or lawful matter can proceed without jurisdiction, Your Honor. We both know this. >> Right. So, we're going in circles. We're back to >> Oh, I mean, I'm I'm getting Let me finish, Your Honor. My question to you is is this It Your Honor, for the record, is this matter a criminal matter or a civil matter? >> What do you think? >> I I just want to ask you that. >> there in handcuffs. You're wearing a jail outfit. >> I I just Can you please answer question for me, please? >> I answer I'm answering with a question. What do you think? Lower case >> know. I I don't know Your Honor. That's why I'm asking. I don't know. That's why I'm asking. >> What's your next question? Ask me. >> is is this Your Honor, for the record, is this matter a criminal matter or a civil matter? >> Ask a question you don't know the answer to. >> know that. I'm telling you I don't know. How you going to tell me what I know, Your Honor? >> Well, if it were a civil matter, would you be having to use the restroom in front of everyone else? >> That's why I'm asking you, Your Honor. I'm coming to you as fair as I know how, Your Honor. As humble as I know how. I don't know. That's why I'm asking the question. >> Okay. What's your next question? >> Your Honor, for the record, is this matter a criminal matter or a civil matter? >> Okay, that would be your next question. That's one you already asked. >> Why would I Why we can't pass this question, Your Honor, because I lack knowledge to understand what is going on. And I'm telling you this and it's my authority to let the court know when I don't understand something. >> A fair point. I want you to let me know when you don't understand. We already covered that when we had our Faretta hearing. We talked about what kind of case it is and the penalties you face. >> is is this a criminal matter or a civil matter? >> How much more time do you need cuz you got about 3 minutes before I'm going to bring someone out here that we can move the case along. >> Your honor, I just want you to answer my questions cuz I like now is to understand what's going on. I'm just trying to keep part of today to understand what is going on. Okay. What is There's no harm in that, your honor. >> What's your next question? >> It's the same question. I'm Before I can get to the next question, I have to answer this question. >> Go to the next question. He just said he's not going to answer. >> Your honor, for the record, is this matter a criminal matter or civil matter, your honor? >> All right, we're done. Um I will bring you back once the state has responded to your motions. >> Right here, guys. We can see Judge McBurney's patience is starting to run out. Mr. Pierce keeps [music] asking the same question and might I add over and over again about whether this is a criminal matter, which obviously it is with because of the charges, or a civil matter, but the reality is Judge McBurney has already explained that this is a criminal [music] case. The problem he is not really asking because he does not know. He is asking because he is trying to control the courtroom and slow [music] the process down, obviously. And that is what we see a lot with sovereign citizen arguments. >> [music] >> They will keep repeating the same thing hoping the judge either slips [music] up or gives them the answer they're looking for, but Judge McBurney finally says we are done because at some point the court has to move forward. >> And I will likely be entering an order that lets you know my thoughts about jurisdiction. Once I've done that, you can choose to participate in an arraignment, but you do need to understand that in a criminal case, that's a clue. >> So So this is a criminal This is all criminal matter? Then why Why you can't answer the first time, your honor? >> Why you asking in the first time? >> Because I'm trying to get I just told you I'M TRYING TO GET AN UNDERSTANDING. >> SO, LET me finish. Um so, you understand that in a criminal case >> is a criminal matter, for the record. >> Such as yours, um if you choose not to >> I just need to know. If you choose not to participate >> matter or civil matter, you >> need to stop interrupting, okay? >> I'm trying to understand something. It is my right to if I don't understand something to bring it to your attention, you honor. >> I >> That's the law. >> What's It's not the law. It's how you're choosing to proceed. Um if you decide not to participate in arraignment, I'm authorized by law to enter a plea of not guilty. Um and that's what I'll do. So, when I see you again, we're going to try again with >> you're going to violate the laws to when it states that a case cannot proceed without establishing jurisdiction first. So, you're just going to ignore that. >> No, I'm going to rule on your motion, and after I've done that, then I'll bring you back for arraignment, and you can choose to participate in it or not. I'm just letting you know in advance so you're not disappointed. >> I'm not going to participate until you establish jurisdiction over me first, you honor. That's the first thing first. We're going to We're not going to skip the process. There's due cause due process of law for a reason, you honor. >> It is, and that's why we're not doing >> Ferguson versus the bank it states that anytime a jurisdiction is challenged, it's to be proven before the case can proceed. That is the law. That is not nothing that I made up, you honor. >> Okay. Um >> [clears throat] >> you may be misapplying it, but I'm not disagreeing with >> this law over and over a thousand times, you honor. >> Okay. Well, then you know it. Um so, that's why we're not doing the arraignment today. I'll take care of establishing jurisdiction, and once I've done that, I'm comfortable that I've established jurisdiction, we'll bring you back for an arraignment. You can participate or not, but we'll have cleared that hurdle that you um >> If you haven't I'm not going to put If you don't If you can't establish jurisdiction over my case first, what how why would I participate? >> You don't need to participate. Um I'll bring you out, you can say no, thank you. We take you back there. We bring you back. >> I mean, your honor, I have issues and it's >> You do. >> Yeah. [clears throat] >> You do. >> Yeah, and we both do, your honor. >> Uh, and my response is uh do I address them to as Mr. Pierce is uh recognized to start with a day as lowercase R P, you know, progressive name, cuz he signs all of his motions with uppercase R, uppercase P, uppercase >> No, I don't I do uppercase R and lowercase everything else. Dash. I don't have a R citizens, I have a autograph. >> different. I I I respect that. I'm just curious cuz it's different than what he >> Let me show you. >> I got it right here. Right now I'm looking at it. It's capital R, capital P. >> no. >> Oh, yes. Um, but that's all right. We'll >> Is that all caps? >> No, it's not all caps, but you capitalize each each word. >> This is all caps. Mr. Handrahan. >> What? >> P. That's all caps. Oh, that's awkward. >> [clears throat] >> All right. Um >> Is that in all caps? >> [laughter] >> So, how about this, Mr. Pierce? I'm going to agree that you you have written it in different ways and I'm really not going to get hung up on that. >> I'm not all you know, like I know I got the paper right here signed by the government saying I'm not a part of y'all and it's on file with the office. It's filed in office. My paper right here show that I'm not the all caps legal person signed by y'all government. Signed by y'all government saying I'm not the I'm not the all caps. >> I I will not use all caps. I will not use all caps. >> Signed by you you guys government. >> You guys. Okay. Um >> Because I'm a national not a citizen. Y'all are citizens. I'm not. >> I I remember you establishing that before. We don't need to cover that again. >> It's a very very very very very very much that I I I presented it every court every because it's for the record as it's my job to put it on the record, your honor. >> Okay. Um, it's back on the record. We're incorporating in this hearing what you put on the record at the last hearing. And we'll do that every time. Um. Anything else you want to cover? Cuz I'm happy to give you this discovery, but you can't have it. I don't want to All right. Why don't you do this? If you want to put them in writing, you could file them, and I can get you those answers. But we're wasting not your time or mine, an important conversation, but there are a lot of other people here who are stuck um, while you ask questions like is this a criminal matter or a civil matter? So >> Well, because I don't I don't I'm not I don't understand. >> Okay. >> And I just want to ask you why what is the problem just answering the question, Y'all? Cuz I like the knowledge to know. >> Okay. Um, I I feel your lack of knowledge. Um, and I'll bring you back um, after um, I've responded to the motions you filed. That's the way we're going to interact here. If there's something you want an answer for or ruling on, you need to file it. And you know how to do it. You did it well. Okay? I'll keep your discovery warm and dry in my office. >> So you basically what you just continue this court date or something? >> Yeah, we can't do the arraignment today. You've helped me understand why. You you want me to establish >> proceed with my case until you establish jurisdiction over my case, Y'all. >> That's right. >> That's the law. >> It is the law. [clears throat] >> So what's the problem with me asking the question to better understand what's going on? >> Well, cuz well, I don't even have jurisdiction yet. Let me establish that, then I'll be in a position to have a conversation with you. >> And we're not talking about statutory jurisdiction. We're talking about the constitutional jurisdiction. >> We're talking about whatever jurisdiction I find. Okay? I'll see you soon. >> I'm going to repeat that again. I object. >> [laughter] >> That went differently than I expected. >> [laughter] >> Really? I thought just by letting him vent that first time, he sort of like he purged himself. Clearly not. >> Everything you saw just now tells you everything you need to know. Even Judge McBurney's thought that by letting Mr. Pierce get all of those arguments out the first time, he would come back ready to move forward. But instead, he came back with the same jurisdiction arguments, >> [music] >> the same birth certificate argument, the same all caps name argument, and the same questions about whether this is a criminal [music] or civil matter. This was supposed to be a simple arraignment, [music] but he turned it into another sovereign citizen lecture. The judge actually gave him a lot of room >> [music] >> to speak, but once it became clear they were going in circles, he shut it down and said he will rule on the motions first. So, now the big question is, >> [music] >> when Mr. Pierce comes back, will he actually participate, or will he keep trying >> [music] >> to fight the court with the same arguments? We shall find out, but until then, don't you forget no one is above the law.