Kenneth Wayne Leaming continues to file the same “Motions” over and over, continuing to quote the “ILO” and “UCC” as if they actually mean something. The latest filings are:
- PETITION for Declaratory Judgment and MOTION to Arrest/Vacate Judgment for lack of proof of jurisdiction
- MOTION to Vacate/Dismiss all Counts for lack of evidence, jurisdiction, etc
In his classic style, Judge Leighton issued an ORDER denying the Motion to Vacate and said this:
Defendant has moved for acquittal on all counts (again), a motion that was denied only last week. (See Order, Dkt. #203.) Defendant presents the same frivolous arguments, which appear to be caused by his patent unwillingness to look at the evidence against him. He states, “the complaint, search and arrest ‘warrants,’ and indictment were based on perjury of John Anthony Davis, as admitted at trial,” specifically, “that the Recorded Documents [i.e., the liens] were FALSE and/or FICTITIOUS.” (Def.’s Mot. to Vacate at 1, Dkt. #206.) Further, Defendant argues that Agent Davis “testified that he could find no false or fictitious element to any of the documents . . . .” (Id.)
To the contrary, Agent Davis testified (as did all other witnesses) that Defendant filed liens for sums that he was not owed—$225 billion in one instance. Defendant explained that this was merely “an opening offer” in some sort of negotiation that he concocted. A lien, of course, is not an “offer” of any sort; it is a “legal right or interest that a creditor has in another’s property, lasting usually until a debt or duty that it secures is satisfied.” Black’s Law Dictionary (9th ed. 2009). The evidence showed that Defendant had no “legal right or interest” in any of the property he liened.
Defendant further argues that the indictment fails “to name the men, state of body, people seized and compelled to participate in the sham ‘trial’ and instated purported to accuse a vessel, corporation other artificial entity, or decedent of something . . . .” (Def.’s Mot. to Vacate at 2, Dkt. #206.) This allegation appears to arise from Defendant’s sovereign-citizen dogma, which includes a “redemptionist theory.” Other courts have addressed these theories:
[Redemptionist theory] propounds that a person has a split personality: a real person and a fictional person called the “strawman.” Redemptionists claim that government has power only over the strawman and not over the live person, who remains free, and thus, individuals can free themselves by filing UCC financing statements, thereby acquiring an interest in their strawman. . . . [T]he real person can demand that government officials pay enormous sums of money to use the strawman’s name or, in the case of prisoners, to keep him in custody. If government officials refuse, adherents of this scheme file liens against government officials. Adherents of this scheme also advocate that they copyright their names to justify filing liens against officials using their names in public records such as indictments or court papers.
Minister Truth Ali ex rel. Williams v. New Jersey, No. 12-2797-RBK, 2012 WL 4959488 (D.N.J. Oct. 17, 2012) (citation and internal alterations omitted). This theory is, of course, nonsense on its face. For Defendant’s benefit as this case proceeds to sentencing, the Court will make this clear: the U.S. Government has charged, and a jury has convicted, Mr. Leaming, the flesh-and-blood author of these motions, the man sitting in a cell at FDC Sea-Tac. There is no such thing as strawmen, and redemptionist theory is just internet make-believe. The Court does not say this to be harsh, but simply as an effort to shake Defendant into reality. His bizarre legal theories are wrong, and they have led to his conviction of serious crimes.
And with that, the Court will no longer entertain Defendant’s frivolous motions. That is the Ninth Circuit’s job now. Defendant’s Motion to Vacate (Dkt. #206) is DENIED.
It appears that Judge Leighton has finally had enough of Leaming’s meaningless Motions. I wondered how long it would take, and judge Leighton was much more patient that predicted. I feel sorry for the 9th Circuit Court of Appeals, where Leaming has about 6 Appeals open as we speak. The “legal theories” used in his Appeals is the same as the ones that got him convicted on 5 Felony Counts.