STATE of NORTH CAROLINA in the GENERAL COURT of JUSTICE
COUNTY of ORANGE SUPERIOR COURT DIVISION
STATE of NORTH CAROLINA MOTION
IN LIMINE
[plaintiff]
v.
WILLIAM DAWSON GAGE
defendant
In the several related matters in the jurisdiction so-named and so-given above, NOW COMES the defendant William Dawson Gage, by and through his counsel Mr. James Rainsford, and otherwise in his own voice and person, with the limited purpose to move this court IN LIMINE, that the Court may admit into evidence the written materials published by the defendant on his independent website known as DAWSONGAGE.NET, which publications are protected by Amendment I to the Constitution of the United States, by Article I, Secs. 12, 13, and 14 of the Constitution of North Carolina, and by Articles 18, 19, 20 and 27 of the Universal Declaration of Human Rights; which publications are furthermore made lawful and exempt from any “ban”, “prohibition”, or “restriction” by the order of any court per NCGS 7A-276.1, and which are immune and exempt from any finding of criminal contempt per NCGS 5A-11(b), and which–in light of their truthfulness, veracity, authenticity, soundness, and their intellectual, aesthetic, scientific, and philosophical merit–cannot otherwise be regarded as transgressing the recognized boundaries that separate the lawful and permissible exercise of the freedoms of speech/press/conscience from such unlawful and wrongful exercises thereof as defamation, obscenity, (true) threats, hate-speech, “fighting-words”, or “speech integral to criminal conduct”, said boundaries being well-known and comprehended by State, Federal, and International Law. / In support of this motion, defendant Mr. Gage would show as follows. /
A) That NCGS 15A-1002(b)(1) entitles him to the right to “introduce evidence”, which right is otherwise also guaranteed by state and federal constitutions (in Article I, Sec. 18, as in “due course of law”, and Amendment XIV, as in “due process of law”), and that no arbitrary circumscriptions, abridgments, or prejudices with respect to the “relevance” or “pertinence” of such evidence may be lawfully imposed or inflicted by the Court.
B) That the questioning/challenging of one’s “capacity to proceed”, and its relation to the extraordinary and severe deprivations of liberty and bodily integrity, personal autonomy, and damage to one’s name and reputation thereby effected, are of such a nature that they have the character of punishments, and that the rights of a defendant placed in such unusual jeopardy must be construed and interpreted in terms of his own understanding of the existential stakes and heavy consequences for his own life, the personnel of court and counsel for the State having so very little at stake or risk in this weighty matter.
C) That the question of “capacity to proceed” cannot be properly adjudicated according to the purportedly scientific, but effectively ideological and political standards of psychiatric medicine, “behavioral health”, “mental health treatment”, or other related branches of these peculiar and prejudicial discourses of human science, but must instead be decided according to the active and operative criterion that governs the General Court of Justice which is North Carolina Law.
D) That the general principles of North Carolina Law demand that the plain language of any section of the General Statutes be rigorously and thoughtfully interpreted in light of State and Federal constitutions, the living dictates of the immemorial common law of England, and the recognized prerogatives of public justice and right.
E) That the language of NCGS 15A-1001 in fact makes clear that quite apart from concerning his mere bodily or organismic person, such as the State may confine to a jail cell, lure to an interview room, or forcibly inject with drugs, the proper object and subject of any just reckoning and determination of “capacity to proceed” must primarily and crucially take notice and cognizance of his legal person(hood), which in case of defendant William Dawson Gage is to be found in the form of the hypertext literature published on the world-wide-web at the address known as dawsongage.net.
F) That the phrase “proceedings against him” (from the definition of “capacity” in NCGS 15A-1001) should be interpreted as referring to the unified field of legal and literary identity, personhood, and history which encompasses both author and text, especially since the deprivations of liberty entailed in every aspect of these proceedings have the practical effect, as well as the apparent and plausible purpose of restraining and frustrating the maintenance, creation, and furtherance of defendant’s vocations, life, and work in the form of his website.
G) That the phrase (also found in NCGS 15A-1001) “the nature and object of the proceedings” should likewise be interpreted in light of the plain and undisguised designs of the State’s attorneys and other instrumentalities of State government to restrain and prohibit the publications and releases of defendant through the lawful and unrestricted medium of his website.
H) That the phrase “his own situation in reference to the proceedings” (in the statutory definition of “capacity” from NCGS 15A-1001) should also be interpreted in reference to the website dawsongage.net, since the legal and literary personhood (that is, “his situation”, which upon the death of the author would pass into the hands of his heirs and literary executors) is manifest principally, for the duration and term of his pretrial detention and confinement in the body of published works available on the website notwithstanding the anomalous incarceration of the defendant-author.
I) That the phrase “to assist in his legal defense in a rational or reasonable matter” (from the definition of “capacity” found in NCGS 15A-1001) should also be understood with reference to the website dawsongage.net, since the materials published there(upon) are of the utmost relevance to the charges here at issue, and furthermore together make for an overwhelming demonstration of defendant’s “capacities” as to these ideas of “(legal) defense” and “reason”, which might be said to surpass the corresponding or opposing faculties possessed and evinced by the State’s attorneys, and which might also be said to appear in a most favorable light when examined through the true lenses of North Carolina Law as known and propounded by authorities higher and more venerable than the personnel of this particular (trial) court.
J) That the materials available on dawsongage.net are highly relevant to the public sphere in this State, and to the health and happiness of its People whose interests are to be understood in their express will as they have ordained and established in their written constitution which is the
core philosophical foundation of defendant’s life and work as manifest in his website.
K) That, therefore, in keeping with the aforesaid provisions and principles of statutory, constitutional, and natural law, and to the end of a just and equitable determination of the defendant’s “capacity to proceed”, as well as the correct and rightful ultimate verdict of the (prospective) trial court in these matters, the hypertext literature available and open to the global reading public of all nations and peoples on the website dawsongage.net be entered into evidence through whatever method be deemed appropriate and expedient by the Court, to be preserved in the records of the Clerk of Superior Court and made justiciable and (re)cognizable by the responsible judicial officers of this General Court of Justice at all levels such as will have occasion to consider the questions and conundrums of fact and law (of TRUTH and JUSTICE) which comprise and constitute these unprecedented and momentous proceedings.
L) That the truthfulness and verity of the entire contents of the website dawsongage.net were sworn and attested to by defendant Dawson Gage before a notary public in New Hanover County on 23 December 2019 in the form of an “affidavit to petition for the removal of the district attorney” (In Re: Benjamin Randall David, then and presently incumbent District Attorney for the 6th prosecutorial district) filed that same day with the Clerk of Superior Court in Wilmington pursuant to NCGS 7A-66 and that this oath (and/or affirmation) of the truth of all assertions, depictions, recollections, statements, and descriptions of a factual nature in the published texts of this Website are therefore to be regarded as reliable and legally verified by the honor and pledging of his name and reputation by the defendant under penalty of perjury.
M) That the most pertinent and germane item with respect to these proceedings and the determination of “capacity” is defendant’s “motion to set aside judgment”(per N.C. Rules of Civil Procedure Rule 60B(3), (4), (5) and (6)) published at the address dawsongage.net/?p=961.
N) That lifelong marriage is the Highest Law of North Carolina, and that the Tao cannot be named.
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Respectfully submitted this ??? day of March 2023 /
William Dawson Gage
Orange County Detention Center
1200 US 70 West
Hillsborough, NC 27278
X [____________________ ] /
James Rainsford, *Counsel*
PO Drawer 1529
Hillsborough, NC 27278
404-394-3826
jrainsford@hillsboroughnclaw.com
X [___________________________ ]
*postlude*====
“I will stand upon my watch, and set me upon the tower, and will watch to see what he will say unto me, and what I shall answer when I am reproved. And the Lord answered me, and said, Write the vision, and make it plain upon tables, that he may run that readeth it. For the vision is yet for an appointed time, but at the end it shall speak, and not lie; though it tarry, wait for it, because it will surely come, it will not tarry.”
–Habakkuk 2:1-3
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“And the gospel must first be published among all nations.” –Mark 13:10
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“The way that becomes a way
is not the Immortal Way
the name that becomes a name
is not the Immortal Name
no-name is the maiden of Heaven and Earth
name is the mother of all things
thus in innocence we see the beginning
in passion we see the end
two different names
for one and the same
the one we call dark
the dark beyond dark
the door to all beginnings”.
–Lao-Tzu, Tao Te Ching (tr. by Red Pine)