By: Joel Stephen Mattson
Every year, tens of thousands of people are railroaded into jails and prisons not by law, not by due process, but by bureaucratic procedure, prosecutorial fraud, and unconstitutional shortcuts. Most of them have no idea that the court which imprisoned them had no jurisdiction — and that the key to their freedom lies in a single phrase: jurisdiction can be challenged at any time.
It doesn’t matter if they’ve already been convicted. It doesn’t matter if they’ve exhausted appeals. And it doesn’t matter how long they’ve been behind bars. If the conviction was based on fraud, the entire thing is void.
That’s where the Magistrate Act and the right affidavit become lethal tools of lawful warfare.
The Federal Magistrates Act and Its Dirty Secret
Originally passed in 1968 and updated in 1979, the Federal Magistrates Act (28 U.S. Code § 636) outlines the duties and powers of magistrate judges. At its core, it allows magistrates to oversee certain proceedings — but only under very specific conditions.
Here’s the kicker: The original version of the Act required courts to inform defendants that they had the right to withhold consent. In other words, if you didn’t want a magistrate — you could say so.
But in 1979, that language was removed.
Now, courts operate under a silent presumption: if you don’t object, you consent.
This means that people are dragged into administrative hearings, overseen by non-Article III judges, governed by statutory code — and their silence is used as the basis for imprisonment.
But guess what? Consent obtained by concealment is fraud.
What the Constitution Says About Jurisdiction
“The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution…” — Article III, Section 2, Clause 1
Only Article III courts — staffed by judges with life tenure and salary protections — can exercise true judicial power. Magistrate judges are Article I officers — administrative, legislative creatures with no independent judicial authority unless consent is granted.
No consent = no jurisdiction.
“If the court is without jurisdiction, its judgment is a nullity.” — Ex parte Rowland, 104 U.S. 604 (1882)
“Jurisdiction can be challenged at any time, even on appeal.” — United States v. Cotton, 535 U.S. 625 (2002)
This is why convictions handed down by fraud — such as prosecution by INFORMATION instead of Grand Jury indictment — are inherently void.
The Power of the Affidavit: A Sledgehammer to Administrative Fraud
When someone is wrongfully convicted — whether by plea deal, summary trial, or judge-only ruling — they almost always waived rights they didn’t know they had.
That waiver is not valid when it was obtained by deception.
The Affidavit of Unlawful Imprisonment by Fraud does one thing better than any other document in the legal arsenal: it destroys the presumption of lawful conviction.
These affidavits state, clearly and with evidence:
- That no Grand Jury indictment was issued
- That an INFORMATION was used in violation of the 5th Amendment
- That the court was administrative, not judicial
- That the defendant was never informed of the right to withhold consent
- That this constitutes fraud, treason, and unlawful imprisonment under color of law
Once this affidavit is entered into the record — and remains unrebutted — it becomes truth in law.
“Truth is expressed in the form of an affidavit, and stands as truth unless rebutted.” — Black’s Law Dictionary
How I Use This to Help People Already in Jail
Most people think it’s too late. That once the gavel falls, the system has spoken.
But that’s not how jurisdiction works.
If a person was convicted under fraud — if they were prosecuted administratively under a magistrate or without a proper indictment — then there was no lawful authority to begin with.
That conviction is void. Not voidable — void.
I use the affidavit — paired with a motion to vacate based on lack of subject matter jurisdiction — to slam the system with a constitutional uppercut.
Family members can reach out. They give me the case number, details, and dates. I examine the record, identify the fraud, and draft the paperwork to destroy the conviction.
“Fraud vitiates everything it touches.” — United States v. Throckmorton, 98 U.S. 61 (1878)
Statutes of Limitation Do Not Apply to Fraud
Another lie courts love to tell is that it’s “too late.” That the time to appeal has passed. That the person missed deadlines.
But fraud obliterates time.
“No statute of limitations runs against a fraud knowingly concealed.”
“A judgment obtained by fraud is not a judgment at all.” — Valley v. Northern Fire & Marine Ins. Co., 254 U.S. 348 (1920)
If a conviction was secured by deception — the passage of time doesn’t validate it.
The government cannot benefit from its own misconduct.
What Families Can Do Right Now
If your loved one is in jail or prison, you have options:
- Request their indictment documents. If none exists, and an INFORMATION was used — you have proof of fraud.
- Check if a magistrate judge oversaw the case. If so, find out whether written consent was filed.
- Download or request the Affidavit of Unlawful Imprisonment.
- Contact someone who knows how to draft and file the documents.
You are not powerless. The system only wins by keeping you ignorant and passive.
Once you file the affidavit and motion to vacate, the burden shifts. The court must prove jurisdiction. And in most of these cases — they can’t.
How to Challenge Jurisdiction for a Prisoner
Step-by-step:
- Draft an Affidavit of Unlawful Imprisonment by Fraud, using facts from the case.
- Pair it with a Motion to Vacate Conviction for Lack of Jurisdiction.
- File both in the court of record — and serve them on all parties.
- Demand a hearing on jurisdiction.
- Require the prosecution to produce:
- Grand Jury indictment
- Signed consent for magistrate jurisdiction
- Proof that rights were not waived by fraud
If they cannot, the conviction collapses under its own illegitimacy.
Final Word: The Truth Is the Wrecking Ball
The justice system is not just flawed — it’s rigged. And it’s rigged through silence, presumption, and deception.
The Magistrate Act — once meant to protect — has been turned into a weapon of administrative fraud.
But the Constitution never left. Article III still stands. And your right to demand a lawful court, a lawful indictment, and a lawful process cannot be waived by silence or ignorance.
The affidavit is your battering ram. Fraud is your proof. Jurisdiction is your key.
No one should stay in prison because the court lied.
And now — no one has to.
Next Article in the Series: [The Grand Jury Trap: Why Prosecution by Information Is Fraud]
Back to Consent Trap Series Overview: [Consent Trap Landing Page]