Paper terrorism

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"Paper terrorism" is a neologism referring to the use of false liens, frivolous lawsuits, bogus letters of credit, and other legal or pseudolegal documents lacking sound factual basis as a method of harassment against an opponent on a scale described as evocative of conventional armed terrorism. [1] These methods are popular among some American anti-government groups [2] and those associated with the redemption movement. [3]

Mark Pitcavage of the Anti-Defamation League states that these methods were pioneered by the Posse Comitatus. [4] Some victims of paper terrorism have been forced to declare bankruptcy. [5] An article by the Southern Poverty Law Center states that another tactic is filing reports with the Internal Revenue Service falsely accusing their political enemies of having unreported income. [6]

Such frivolous lawsuits also clog the court system making it more difficult to process other cases and including using challenges to the titles of property owned by government officials and others. [7] Another method of paper terrorism is filing bankruptcy petitions against others in an effort to ruin their credit ratings. [8]

In the late 1990s, [9] the "Republic of Texas", a militia group claiming that Texas was legally independent, carried out what it called "a campaign of paper terrorism" using bogus land claims and bad checks to try to congest Texas courts. [10]

See also

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<span class="mw-page-title-main">Patriot movement</span> American conservative political movement

In the United States, the patriot movement is a term which is used to describe a conglomeration of non-unified right-wing populist and nationalist political movements, most notably far-right armed militias, sovereign citizens, and tax protesters. Ideologies held by patriot movement groups often focus on anti-government conspiracy theories, with the Anti-Defamation League (ADL) describing a common belief that "government has been infiltrated and subverted" and is no longer legitimate. The movement first emerged in 1994 in response to what members saw as "violent government repression" of dissenting groups, along with increased gun control and the Clinton government.

The redemption movement is a debt-resistance movement and fraud scheme which is primarily active in the United States and Canada. The group alleges that a secret fund is created for every citizen at birth and that a procedure exists to "redeem" or reclaim this fund to pay bills, forming a foundational section of the pseudolaw movement. Common redemption schemes include acceptance for value (A4V), Treasury Direct Accounts (TDA) and secured party creditor "kits," collections of pseudolegal tactics sold to participants despite a complete lack of any actual legal basis. Such tactics are sometimes called "money for nothing" schemes, as their aim is ultimately to extract money from the government by using secret methods. The name of the A4V scheme in particular has become synonymous with the movement as a whole.

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A false lien is document that purports to describe a lien, but which has no legal basis, or which is based upon false, fictitious, or fraudulent statements or representations. In the United States, the filing of false liens has been used as a tool of harassment and revenge in "paper terrorism", often against government officials.

David Yerushalmi is an American lawyer and political activist who is the driving counsel behind the anti-sharia movement in the United States. Along with Robert Muise, he is co-founder and senior counsel of the American Freedom Law Center. He is also general counsel to the Center for Security Policy in Washington, D.C., a national security think tank founded by Frank Gaffney described as far-right and conspiracist.

Pseudolaw consists of pseudolegal statements, beliefs, or practices that are claimed to be based on accepted law or legal doctrine, but which deviate significantly from most conventional understandings of law and jurisprudence, or which originate from non-existent statutes or legal principles the advocate or adherent incorrectly believes exist. Canadian legal scholar Donald J. Netolitzky defined pseudolaw as "a collection of legal-sounding but false rules that purport to be law", a definition that distinguishes pseudolaw from arguments that fail to conform to existing laws such as novel arguments or an ignorance of precedent in case law. Pseudolegal arguments are sometimes referred to as "legalistic gibberish". Netolitzky has compared pseudolaw to "a form of legal quackery or snake oil"; lawyer Colin McRoberts has called it "law in a Post-Truth Era". The term Organized Pseudolegal Commercial Arguments (OPCA) was coined in a 2012 Canadian court decision as an umbrella term for pseudolegal tactics and arguments, and has since been used by lawyers and legal scholars in Commonwealth countries.

References

  1. Robert Chamberlain and Donald P. Haider-Markel (September 2005). "'Lien on Me': State Policy Innovation in Response to Paper Terrorism". Political Research Quarterly. 58 (3): 449–460.
  2. Haynie, Erick J. (Autumn 1997). "Populism, Free Speech, and the Rule of Law: The 'Fully Informed' Jury Movement and Its Implications". The Journal of Criminal Law and Criminology. 88 (1): 343–379.
  3. Susan P. Koniak (Spring–Summer 1996). "When Law Risks Madness". Cardozo Studies in Law and Literature. 8 (A Commemorative Volume for Robert M. Cover, number 1): 65–138. doi:10.2307/743460. JSTOR   743460.
  4. Pitcavage, Mark (June 29, 1998). "Paper Terrorism's Forgotten Victims: The Use of Bogus Liens against Private Individuals and Businesses". Militia Watchdog. Anti-Defamation League. Archived from the original on September 18, 2002.
  5. "Paper terrorism: How states are, and are not, fighting back". Intelligence Report. Southern Poverty Law Center. August 8, 2017. Retrieved 2019-08-28.
  6. "Common-Law Victims: 'Paper terrorism' isn't just on paper". Southern Poverty Law Center. Spring 1998.
  7. Robertson, Ann E. (2007). Terrorism and global security. Facts On File. p. 25. ISBN   978-0-8160-6766-4.
  8. Maller, Peter; Lynch-German, Lauria (September 3, 2002), 'Paper terrorism' gaining adherents, Journal-Sentinel, archived from the original on April 3, 2005, retrieved October 6, 2022{{citation}}: CS1 maint: bot: original URL status unknown (link)
  9. Wagner-Pacifici, Robin (2000). Theorizing the standoff: contingency in action. Cambridge: Cambridge University Press. ISBN   9780521654791. OCLC   51052255.
  10. Hoffman, Bruce (2006). Inside Terrorism (2nd ed.). Columbia University Press. p. 105. ISBN   978-0-231-12699-1.