Carmichael v.United States

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What’s The Real Crime?
H. Lance Freeman

Feb. 25, 2004  -  Thursday, February 26, 2004, in the Circuit Court of Hampton, Virginia, there will be a trial for a person who has been charged for unlicensed driving.  The crime is a class 2 misdemeanor.  In reality, her crime was driving without identifying herself with a social security number (SSN). 

On October 1, 1996, David Alan Carmichael wrote a letter to the Social Security Administration Commissioner, Shirley Chater.  He gave her notice that he and his family were prohibited by God from participating in Social Security and from identifying with its number.  David is convinced that it is the “Number of the Beast” referred to in the Bible, Revelation, Chapter 13.  In his letter to Ms. Chater, David rescinded any application that anyone might have ever made on his or his family’ behalf.  He went about notifying every person and organization he had ever associated with to clear their records of anything identifying him or his family members with a SSN.  He continued an association with those organizations who cleared their records or severed relationships with those who could not change their records.  David also contacted the Virginia Department of Motor Vehicles (DMV) asking them to change their records as well.  He believed he had obtained satisfaction to his request. 

Until recently, David and his wife have not been required by the DMV to associate with a SSN.  In the fall of 2001, David’s wife received a letter asking her to renew her driving license.  The application form sent to her was blank except for two blocks.  One was preprinted with her name and the other had a number in the SSN block.  It was not a DMV generated customer number.  David Contacted the DMV, explained his religious mandate, and asked the DMV to allow his wife to apply for a driver’s license without identifying herself with a SSN.  The DMV refused.  A few months later, David was sent a similar application.  He made the same appeal to the DMV.  The DMV refused. 

David wrote a formal letter to the DMV Commissioner.  In his letter, he requested the Commissioner to either change the current record to not identify him or his wife by an SSN, or to cancel the record and allow them to apply anew.  The Commissioner said he had no authority to grant David’s request.  The statute that gives the Commissioner the authority to ask for an SSN cites two application information items that are mandatory.  The requirement to identify with an SSN is not one of them.  Even regarding the two mandatory items, the statute says, “The Commissioner may, on a case-by-case basis, waive any provision of such regulations for good cause shown.” 

After reading the religious freedom statute, §57-1 & 2 (which can be found at http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+57-1), David challenged the Commissioner to show by what authority he justified his refusal of what the request with glaringly seemed to be a “good cause shown”.  The Commissioner did not reply.  Finally, David and his wife sent in two applications with the forms filled out completely accurately.  In the SSN block they wrote “religious prohibition”.  David mailed them directly to the DMV Commissioner, along with a check to pay the application fee, since the Commissioner was the only one who had the statutory authority to grant the request.  The Commissioner refused their request for a waiver on bona fide religious grounds and returned the applications, and the fee, to David.

Tomorrow’s case will be argued by Herb Titus.  Herb is well known throughout the nation for his work to sustain the laws of the land in accordance with their original intent.  He will file a plea in abatement on the grounds that the Commissioner did not exercise his duties as required by Virginia law, and he violated the Code of Virginia §57-1 (http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+57-1). 

Depending on the outcome of tomorrow’s trial, there may be a case initiated by the Carmichael’s to enjoin enforcement of the unlicensed driving statute in situations where Driver’s license applicants are denied a commercial or private license solely because they cannot identifying with a Social Security Number.  It is a case that is ripe for a class action in the event that there are other Virginians with the same religious convictions. 

Some of the rules of law that apply are articulated in the following case citings at 
 

www.christianliberty.org/art/really2-27-2004.html