THE UCC
CONNECTION
by Howard
Freeman |
"I send you out as sheep in the midst of wolves, be
wise as a serpent and harmless as a dove."
This is a slightly condensed, casually paraphrased
transcript of tapes of a seminar given in 1990 by Howard Freeman. It
was prepared to make available the knowledge and experience of Mr.
Freeman in his search for an accessible and understandable
explanation of the confusing state of the government and the courts.
It should be helpful to those who may have difficulty learning from
such lectures, or those who want to develop a deeper understanding
of this information without having to listen to three or four hours
of recorded material.
The frustration many Americans feel about our
judicial system can be overwhelming and often frightening; and, like
most fear, is based on lack of understanding or knowledge. Those
of us who have chosen a path out of bondage and into liberty are
faced, eventually, with the seemingly tyrannical power of some
governmental agency and the mystifying and awesome power of the
courts. We have been taught that we must "get a good lawyer," but
that is becoming increasingly difficult, if not impossible. If we
are defending ourselves from the government, we find that the
lawyers quickly take our money and then tell us as the ship is
sinking, "I can't help you with that--I'm an officer of the court."
Ultimately, the only way for us to have even a 'snowball's chance'
is to understand the RULES OF THE GAME, and to come to an
understanding of the true nature of the Law.
The lawyers have established and secured a
virtual monopoly over this area of human knowledge by implying that
the subject is just too difficult for the average person to
understand, and by creating a separate vocabulary out of English
words of otherwise common usage. While it may, at times, seem
hopelessly complicated, it is not that difficult to grasp--are
lawyers really as smart as they would have us believe? Besides,
anyone who has been through a legal battle against the government
with the aid of a lawyer has come to realize that lawyers learn
about procedure, not about law.
Mr. Freeman admits that he is not a lawyer, and as
such, he has a way of explaining law to us that puts it well within
our reach. Consider also that the framers of the Constitution wrote
in language simple enough that the people could understand,
specifically so that it would not have to be interpreted. So again
we find, as in many other areas of life, that -THE BUCK STOPS
HERE!' It is we who must take the responsibility for finding and
putting to good use the TRUTH. It is we who must claim and
defend our God-given rights and our freedom from those who would
take them from us. It is we who must protect ourselves, our
families and our posterity from the inevitable intrusion into our
lives by-those who live parasitically off the labor, skill and
talents of others. To these ends, Mr. Freeman offers a simple,
hopeful explanation of our plight and a peaceful method of dealing
with it.
Please take note that this lecture
represents one chapter in the book of his understanding, which he is
always refining, expanding, improving. It is, as all bits of wisdom
are, a point of departure from which to begin our own journey into
understanding, that we all might be able to pass on to others:
greater knowledge and hope, and to God: the gift of lives lived in
peace, freedom and praise.
INTRODUCTION
When I beat the IRS, I used Supreme Court
decisions. If I had tried to use these in court, I would have been
convicted. I was involved with a patriot group and I studied supreme
Court cases. I concluded that the Supreme Court had declared that I
was not a person required to file an income tax--that the tax was an
excise tax on privileges granted by government. So I quit filing and
paying income taxes, and it was not long before they came down on me
with a heavy hand. They issued a notice of deficiency, which had
such a fantastic sum on it that the biggest temptation was to go in
with their letter and say. "Where in the world did you ever get that
figure?" They claimed I owed them some $60,000. But even if I had
been paying taxes, I never had that much money, so how could I have
owed them that much?
NEVER ARGUE THE AMOUNT OF DEFICIENCY
Fortunately, I had been given just a little bit of
information: NEVER ARGUE THE FACTS IN A TAX CASE. If you're
not required to file, what do you care whether they say you owe
sixty dollars or 60,000 dollars. If you are not required to file,
the amount doesn't matter. Don't argue the amount--that is a fact
issue. In most instances, when you get a Notice of Deficiency, it is
usually for some fantastic amount. The IRS wants you to run in and
argue about the amount. The minute you say "I don't owe that much",
you have agreed that you owe them something, and you have given them
jurisdiction. Just don't be shocked at the amount on a Notice of
Deficiency, even if it is ten million dollars! If the law says that
you are not required to file or pay tax, the amount doesn't matter.
By arguing the amount, they will just say that you must go to tax
court and decide what the amount is to be. By the time you get to
tax court, the law issues are all decided. You are only there to
decide how much you owe. They will not listen to arguments of law.
So I went to see the agent and told him that I
wasn't required to file. He said, "You are required to file, Mr.
Freeman." But I had all these supreme Court cases, and I started
reading them to him. He said, "I don't know anything about law, Mr.
Freeman, but the Code says that you are required to file, and you're
going to pay that amount or you're going to go to tax court." I
thought that someone there ought to know something about law, so I
asked to talk to his superior. I went to him and got out my Supreme
Court Cases, and he wouldn't listen to them. "I don't know anything
about law, Mr. Freeman...." Finally I got to the Problems Resolution
Officer, and he said the same thing. He said that the only person
above him was the District Director. So I went to see him. By the
time I got to his office, they had phoned ahead, and his secretary
said he was out. But I heard someone in his office, and I knew he
was in there. I went down the elevator, around the corner to the
Federal Building and into Senator Simpson's office. There was a girl
sitting there at a desk, and she asked if she could help me. I told
her my problem. I said that I really thought the District Director
was up there. I asked her to call the IRS and tell them that it was
Senator Simpson's office calling and to ask if the District Director
was in. I said, "If you get him on the phone, tell him that you are
from the Senator's office and you have a person who you are sending
over to speak to him--if he is can he wait just five minutes." It
worked. He was there, and I ran back up to his office. His secretary
met me when I came in and said, "Mr. Freeman, you're so
lucky--the Director just arrived." The Director was very nice
and offered me coffee and cookies and we sat and talked. So he asked
me what I wanted to talk to him about. (If you ever have someone say
to you, "I'm from the government and I'm here to do you a favor",
watch out!--but we can turn that around and approach them the same
way.) So I said, "I thought you ought to know that there are agents
working for you who are writing letters over your name that you
wouldn't agree with. Do you read all the mail that goes out of this
office over your signature?" The Director said, "Oh, I couldn't read
everything--it goes out of here by the bagful." That was what I
thought. I said, "There are some of your agents writing letters
which contradict the decisions of the supreme Court of the United
States. And they're not doing it over their name, they're doing it
over your name." He was very interested to hear about it and asked
if I had any examples. I just happened to have some with me, so I
got them out and presented them to him. He thought it was very
interesting and asked if I could leave this information with him,
which I did. He said he would look it over and contact me in three
days. Three days later he called me up and said, "I'm sure, Mr.
Freeman, that you will be glad to know that your Notice of
Deficiency has been withdrawn. We've determined that you're not a
person required to file. Your file is closed and you will hear no
more from us." I haven't heard another word from them since. That
was in 1980, and I haven't filed since 1969.
THE SUPREME COURT ON TRIAL
I thought sure I had the answer, but when a friend
got charged with Willful Failure to File an income tax, he asked me
to help him. I told him that they have to prove that he willfully
failed to file, and I suggested that he should put me on the witness
stand. He should ask me if I spoke at a certain time and place in
Scott's Bluff, and did I see him in the audience. He should then ask
me what I spoke of that day. When I got on the stand, I brought out
all of the Supreme Court cases I had used with the District
Director. I thought I would be lucky to get a sentence or two out
before the judge cut me off, but I was reading whole paragraphs--
and the judge didn't stop me. I read one and then another, and so
on. And finally when I had read just about as much as I thought I
should, the judge called a recess of the court. I told Bob I thought
we had it made. There was just no way that they could rule against
him after all that testimony. So we relaxed. The prosecution
presented its case and he decided to rest his defense on my
testimony, which showed that he was not required to file, and that
the Supreme Court had upheld this position. The prosecution then
presented its closing statements and we were just sure that he had
won. But at the very end, the judge spoke to the jury and told them,
"You will decide the facts of this case and I will give you the law.
The law required this man to file an Income Tax form; you decide
whether or not he filed it." What a shock! The jury convicted him.
Later some members of the jury said, "What could we do? The man had
admitted that he had not filed the form, so we had to convict him".
As soon as the trial was over I went around to the judges's office
and he was just coming in through his back door. I said,
"Judge, by what authority do you
overturn the standing decisions of the United States supreme Court.
You sat on the bench while I read that case law. Now how do you, a
District Court Judge, have the authority to overturn decisions of
the Supreme Court?" He says, "Oh, those were old decisions." I said,
"Those are standing decisions. They have never been overturned. I
don't care how old they are; you have no right to overturn a
standing decision of the United States Supreme Court in a District
Court."
PUBLIC LAW V. PUBLIC POLICY
He said, "Name any decision of the Supreme Court
after 1938 and I'll honor it, but all the decisions you read were
prior to 1938, and I don't honor those decisions." I asked what
happened in 1938. He said, "Prior to 1938, the Supreme Court was
dealing with Public Law; since 1938, the Supreme Court has dealt
with Public Policy. The charge that Mr. S. was being tried for is a
Public Policy Statute, not Public Law, and those Supreme Court cases
do not apply to Public Policy." I asked him what happened in 1938.
He said that he had already told me too much--he wasn't going to
tell me any more.
1938 AND THE ERIE RAILROAD Well, I began to
investigate. I found that 1938 was the year of the Erie Railroad v.
Tompkins case of the Supreme Court. It was also the year the courts
claim they blended Law with Equity. I read the Erie Railroad case. A
man had sued the Erie railroad for damages when he was struck by a
board sticking out of a boxcar as he walked along beside the tracks.
The district court had decided on the basis of Commercial
(Negotiable Instruments) Law: that this man was not under any
contract with the Erie Railroad, and therefore he had no standing to
sue the company. Under the Common Law, he was damaged and he would
have had the right to sue. This overturned a standing decision of
over one hundred years. Swift v. Tyson in 1840 was a similar case,
and the decision of the supreme Court was that in any case of this
type, the court would judge the case on the Common Law of the state
where the incident occurred--in this case Pennsylvania. But in the
Erie Railroad case, the supreme Court ruled that all federal cases
will be judged under the Negotiable Instruments Law. There would be
no more decisions based on the Common Law at the federal level. So
here we find the blending of Law with Equity. This was a puzzle to
me. As I put these new pieces together, I determined that all our
courts since 1938 were Merchant Law courts and not Common Law
courts. There were still some pieces of the puzzle missing.
A FRIEND IN THE COURT
Fortunately, I made a friend of a judge. Now you
won't make friends with a judge if you go into court like a 'wolf in
black sheep country.' You must approach him as though you are the
sheep and he is the wolf. If you go into court as a wolf, you make
demands and tell the judge what the law is--how he had better uphold
the law or else. Remember the verse: I send you out as sheep in wolf
country; be wise as a serpent and harmless as a dove. We have to go
into court and be wise and harmless, and not make demands. We must
play a little dumb and ask a lot of questions. Well, I asked a lot
of questions and boxed the judges into a corner where they had to
give me a victory or admit what they didn't want to admit. I won the
case, and on the way out I had to stop by the clerk's office to get
some papers. One of the judges stopped and said, "You're an
interesting man, Mr. Freeman. If you're ever in town, stop by, and
if I'm not sitting on a case we will visit.
AMERICA IS BANKRUPT
Later, when I went to visit the judge, I told him
of my problem with the supreme Court cases dealing with Public
Policy rather than Public Law. He said, "In 1938, all the higher
judges, the top attorneys and the U.S. attorneys were called into a
secret meeting and this is what we were told: America is a bankrupt
nation--it is owned completely by its creditors. The creditors own
the Congress, they own the Executive, they own the Judiciary and
they own all the state governments. Take silent judicial notice of
this fact, but never reveal it openly. Your court is operating in a
Admiralty Jurisdiction--call it anything you want, but do not call
it Admiralty.
ADMIRALTY COURTS
The reason they cannot call it Admiralty
Jurisdiction is that your defense would be quite different in
Admiralty Jurisdiction from your defense under the Common Law. In
Admiralty, there is no court which has jurisdiction unless there is
a valid international contract in dispute. If you know it is
Admiralty Jurisdiction, and they have admitted on the record that
you are in an Admiralty Court, you can demand that the international
maritime contract, to which you are supposedly a party, and which
you supposedly have breached, be placed into evidence. No court has
Admiralty/Maritime Jurisdiction unless there is a valid
international maritime contract that has been breached. So you say,
just innocently like a lamb, "Well, I never knew that I got involved
with an international maritime contract, so I deny that such a
contract exists. If this court is taking jurisdiction in Admiralty,
then place the contract in evidence, so that I may challenge the
validity of the contract. What they would have to do is place the
national debt into evidence. They would have to admit that the
international bankers own the whole nation, and that we are their
slaves.
NOT EXPEDIENT
But the bankers said it is not expedient at this
time to admit that they own everything and could foreclose on every
nation of the world. The reason they don't want to tell everyone
that they own everything is that there are still too many privately
owned guns. There are uncooperative armies and other military
forces. So until they can gradually consolidate all armies into a
WORLD ARMY and all courts into a single WORLD COURT, it is not
expedient to admit the jurisdiction the courts are operating under.
When we understand these things, we realize that there are certain
secrets they don't want to admit, and we can use this to our
benefit.
JURISDICTION
The Constitution of the united States mentions
three areas of jurisdiction in which the courts may operate:
Common Law
Common Law is based on God's Law. Anytime someone
is charged under the Common Law, there must be a damaged party. You
are free under the Common Law to do anything you please, as long as
you do not infringe on the life, liberty, or property of someone
else. You have a right to make a fool of yourself provided you do
not infringe on the life, liberty, or property of someone else. The
Common Law does not allow for any government action which prevents a
man from making a fool of himself. For instance, when you cross over
state lines in most states, you will see a sign which says, "BUCKLE
YOUR SEAT BELTS--IT'S THE LAW.' This cannot be Common Law, because
who would you injure if you did not buckle up? Nobody. This would be
compelled performance. But Common Law cannot compel performance. Any
violation of Common Law is a CRIMINAL ACT, and is punishable.
Equity Law
Equity Law is law which compels performance. It
compels you to perform to the exact letter of any contract that you
are under. So, if you have compelled performance, there must be a
contract somewhere, and you are being compelled to perform under the
obligation of the contract. Now this can only be a civil action--not
criminal. In Equity Jurisdiction, you cannot be tried criminally,
but you can be compelled to perform to the letter of a contract. If
you then refuse to perform as directed by the court, you can be
charged with contempt of court, which is a criminal action. Are our
seatbelt laws Equity laws? No, they are not, because you cannot be
penalized or punished for not keeping to the letter of a
contract.
Admiralty/Maritime Law
This is a civil jurisdiction of Compelled
Performance which also has Criminal Penalties for not adhering to
the letter of the contract, but this only applies to International
Contracts. Now we can see what jurisdiction the seatbelt laws (and
all traffic laws, building codes, ordinances, tax codes, etc.) are
under. Whenever there is a penalty for failure to perform (such as
willful failure to file), that is Admiralty/ Maritime Law and there
must be a valid international contract in force. However, the courts
don't want to admit that they are operating under Admiralty/Maritime
Jurisdiction, so they took the international law or Law Merchant and
adopted it into our codes. That is what the supreme Court decided in
the Erie Railroad case--that the decisions will be based on
commercial law or business law and that it will have criminal
penalties associated with it. Since they were instructed not to call
it Admiralty Jurisdiction, they call it Statutory
Jurisdiction.
COURTS OF CONTRACT You may ask how we got
into this situation where we can be charged with failure to wear
seatbelts and be fined for it. Isn't the judge sworn to uphold the
Constitution? Yes, he is. But you must understand that the
Constitution, in Article I, Section 10, gives us the unlimited right
to contract, as long as we do not infringe on the life, liberty or
property of someone else. Contracts are enforceable, and the
Constitution gives two jurisdictions where contracts can be
enforced--Equity or Admiralty. But we find them being enforced in
Statutory Jurisdiction. This is the embarrassing part for the
courts, but we can use this to box the judges into a corner in their
own courts. We will cover this more later.
CONTRACTS MUST BE VOLUNTARY
Under the Common Law, every contract must be
entered into knowingly, voluntarily, and intentionally by both
parties or it is void and unenforceable. These are characteristics
of a Common Law contract. There is another characteristic--it must
be based on substance. For example, contracts used to read, "For one
dollar and other valuable considerations, I will paint your house,
etc." That was a valid contract--the dollar was a genuine, silver
dollar. Now, suppose you wrote a contract that said, -For one
Federal Reserve Note and other considerations, I will paint your
house....' And suppose, for example, I painted your house the wrong
color. Could you go into a Common Law court and get justice? No, you
could not. You see, a Federal Reserve Note is a "colorable" dollar,
as it has no substance, and in a Common Law jurisdiction, that
contract would be unenforceable.
COLORABLE MONEY/COLORABLE COURTS
The word "colorable" means something that appears
to be genuine, but is not. Maybe it looks like a dollar, and maybe
it spends like a dollar, but if it is not redeemable for lawful
money (silver or gold) it is colorable.' If a Federal Reserve Note
is used in a contract, then the contract becomes a "colorable"
contract. And "colorable" contracts must be enforced under a
"colorable" jurisdiction. So by creating Federal Reserve Notes, the
government had to create a jurisdiction to cover the kinds of
contracts which use them. We now have what is called Statutory
Jurisdiction, which is not a genuine Admiralty jurisdiction. It is
"colorable" Admiralty Jurisdiction the judges are enforcing because
we are using "colorable money." Colorable Admiralty is now known as
Statutory Jurisdiction. Let's see how we got under this Statutory
Jurisdiction.
UNIFORM COMMERCIAL CODE
The government set up a "colorable" law system to
fit the "colorable" currency. It used to be called the Law Merchant
or the Law of Redeemable Instruments, because it dealt with paper
which was redeemable in something of substance. But, once Federal
Reserve Notes had become unredeemable, there had to be a system of
law which was completely "colorable" from start to finish. This
system of law was codified as the Uniform Commercial Code, and has
been adopted in every state. This is "colorable" law, and it is used
in all the courts. I explained one of the keys earlier, which is
that the country is bankrupt and we have no rights. If the master
says "Jump!" then the slave had better jump, because the master has
the right to cut his head off. As slaves we have no rights. But the
creditors/masters had to cover that up, so they created a system of
law called the Uniform Commercial Code. This -colorable'
jurisdiction under the Uniform Commercial Code is the next key to
understanding what has happened.
CONTRACT OR AGREEMENT
One difference between Common Law and the Uniform
Commercial Code is that in Common Law, contracts must be entered
into: (1) knowingly, (2) voluntarily, and (3) intentionally. Under
the U.C.C., this is not so. First of all, con-tracts are
un-necessary. Under this new law, -agreements' can be binding, and
if you only exercise the benefits of a -agreement,' it is presumed
or implied that you intend to meet the obligations associated with
those benefits. If you accept a benefit offered by government, then
you are obligated to follow, to the letter, each and every statute
involved with that benefit. The method has been to get everybody
exercising a benefit, and they don't even have to tell the people
what the benefit is. Some people think it is the driver's license,
the marriage license or the birth certificate, etc. I believe it is
none of these.
COMPELLED BENEFIT
I believe the benefit being used is that we have
been given the privilege of discharging debt with limited liability,
instead of paying debt. When we pay a debt, we give substance for
substance. If I buy a quart of milk with a silver dollar, that
dollar bought the milk, and the milk bought the dollar--substance
for substance. But if I use a Federal Reserve Note to buy the milk,
I have not paid for it. There is no substance in the Federal Reserve
Note It is worthless paper given in exchange for something of
substantive value. Congress offers us this benefit: Debt money,
created by the federal United States, can be spent all over the
continental united States, it will be legal tender for all debts,
public and private, and the limited liability is that you cannot be
sued for not paying your debts. So now they have said, "We're going
to help you out, and you can just discharge your debts instead of
paying your debts." When we use this -colorable' money to discharge
our debts, we cannot use a Common Law court. We can only use a
"colorable" court. We are completely under the jurisdiction of the
Uniform Commercial Code--we are using non-redeemable negotiable
instruments and we are discharging debt rather than paying debt.
REMEDY AND RECOURSE
Every system of civilized law must have two
characteristics: Remedy and Recourse. Remedy is a way to get out
from under that law. The Recourse is if you have been damaged under
the law, you can recover your loss. The Common Law, the Law of
Merchants, and even the Uniform Commercial Code all have remedy and
recourse, but for a long time we could not find it. If you go to a
law library and ask to see the Uniform Commercial Code, they will
show you a shelf of books completely filled with the Uniform
Commercial Code. When you pick up one volume and start to read it,
it will seem to have been intentionally written to be confusing. It
took us a long time to discover where the Remedy and Recourse are
found in the UCC. They are found right in the first volume, at 1-207
and 1-103.
REMEDY
The making of a valid Reservation of Rights
preserves whatever rights the person then possesses, and prevents
the loss of such rights by application of concepts of waiver or
estoppel. (UCC 1-207.7) It is important to remember when we go into
a court, that we are in a commercial, international jurisdiction. If
we go into court and say, "I DEMAND MY CONSTITUTIONAL RIGHTS," the
judge will most likely say, "You mention the Constitution again, and
I'll find you in contempt of court!" Then we don't understand how he
can do that. Hasn't he sworn to uphold the Constitution? The rule
here is: you cannot be charged under one jurisdiction, and defend
under another. For example, if the French government came to you and
asked where you filed your French income tax in a certain year, do
you go to the French government and say, "I demand my Constitutional
Rights?" No. The proper answer is: THE LAW DOESN'T APPLY TO
ME--I'M NOT A FRENCHMAN. You must make your reservation of
rights under the jurisdiction in which you are charged--not under
some other jurisdiction. So in a UCC court, you must claim your
reservation of rights under the U.C.C. 1-207. UCC 1-207 goes on to
say: When a waivable right or claim is involved, the failure to make
a reservation thereof, causes a loss of the right, and bars its
assertion at a later date. (UCC 1-207.9) You have to make your claim
known early. Further, it says: The Sufficiency of the
Reservation--Any expression indicating an intention to reserve
rights, is sufficient, such as "without prejudice". (UCC 1-207.4)
Whenever you sign any legal paper that deals with Federal Reserve
Notes--in any way, shape or manner--under your signature write:
Without Prejudice UCC 1-207. This reserves your rights. You can
show, at 1-207.4, that you have sufficiently reserved your rights.
It is very important to understand just what this means. For
example, one man who used this in regard to a traffic ticket was
asked by the judge just what he meant by writing -without prejudice
UCC 1-207' on his statement to the court. He had not tried to
understand the concepts involved. He only wanted to use it to get
out of the ticket. He did not know what it meant. When the judge
asked him what he meant by signing in that way, he told the judge
that he was not prejudiced against anyone.... The judge knew that
the man had no idea what it meant, and he lost the case. You must
know what it means.
WITHOUT PREJUDICE UCC 1-207
When you use -without prejudice' UCC 1-207 in
connection with your signature, you are saying: -I reserve my right
not to be compelled to perform under any contract or commercial
agreement that I did not enter knowingly, voluntarily and
intentionally. And furthermore, I do not accept the liability of the
compelled benefit of any unrevealed contract or commercial
agreement.' What is the compelled performance of an unrevealed
commercial agreement? When you use Federal Reserve Notes instead of
silver dollars, is it voluntary? No. There is no lawful money, so
you have to use Federal Reserve Notes--you have to accept the
benefit. The government has given you the benefit to discharge your
debts with limited liability, and you don't have to pay your debts.
How nice they are! But if you did not reserve your rights under
1-207.7, you are compelled to accept the benefit, and are therefore
obligated to obey every statute, ordinance and regulation of the
government, at all levels of government--federal, state and local.
If you understand this, you will be able to explain it to the judge
when he asks. And he will ask, so be prepared to explain it to the
court. You will also need to understand UCC 1-103--the argument and
recourse. If you want to understand this fully, go to a law library
and photocopy these two sections from the UCC. It is important to
get the Anderson edition. Some of the law libraries will only have
the West Publishing version, and it is very difficult to understand.
In Anderson, it is broken down with decimals into ten parts and,
most importantly, it is written in plain English.
RECOURSE
The Recourse appears in the Uniform Commercial Code
at 1-103.6, which says: The Code is complimentary to the Common Law,
which remains in force, except where displaced by the code. A
statute should be construed in harmony with the Common Law, unless
there is a clear legislative intent to abrogate the Common Law. This
is the argument we use in court. The Code recognizes the Common Law.
If it did not recognize the Common Law, the government would have
had to admit that the United States is bankrupt, and is completely
owned by its creditors. But, it is not expedient to admit this, so
the Code was written so as not to abolish the Common Law entirely.
Therefore, if you have made a sufficient, timely, and explicit
reservation of your rights at 1-207, you may then insist that the
statutes be construed in harmony with the Common Law. If the charge
is a traffic ticket, you may demand that the court produce the
injured person who has filed a verified complaint. If, for example,
you were charged with failure to buckle your seatbelt, you may ask
the court who was injured as a result of your failure to 'buckle
up.' However, if the judge won't listen to you and just moves ahead
with the case, then you will want to read to him the last sentence
of 1-103.6, which states: The Code cannot be read to preclude a
Common Law action. Tell the judge, -Your Honor, I can sue you under
the Common Law, for violating my right under the Uniform Commercial
Code.' I have a remedy, under the UCC, to reserve my rights under
the Common Law. I have exercised the remedy, and now you must
construe this statute in harmony with the Common Law. To be in
harmony with the Common Law, you must come forth with the damaged
party.' If the judge insists on proceeding with the case, just act
confused and ask this question: -Let me see if I understand, Your
Honor: Has this court made a legal determination that the sections
1-207 and 1-103 of the Uniform Commercial Code, which is the system
of law you are operating under, are not valid law before this
court?' Now the judge is in a jamb! How can the court throw out one
part of the Code and uphold another? If he answers, -yes,' then you
say: -I put this court on notice that I am appealing your legal
determination.' Of course, the higher court will uphold the Code on
appeal. The judge knows this, so once again you have boxed him into
a corner.
PRACTICAL APPLICATION--TRAFFIC COURT
Just so we can understand how this whole process
works, let us look at a court situation such as a traffic violation.
Assume you ran through a yellow light and a policeman gave you a
traffic ticket.
1. The first thing you want to do is to
delay the action at least three weeks. This you can do by being
pleasant and cooperative with the officer. Explain to him that you
are very busy and ask if he could please set your court appearance
for about three weeks away. (At this point we need to remember the
government's trick: -I'm from the government, I'm here to help you.'
Now we want to use this approach with them.)
2. The next step is to go to the clerk of
the traffic court and say, -I believe it would be helpful if I talk
to you, because I want to save the government some money (this will
gets his attention). I am undoubtedly going to appeal this case. As
you know, in an appeal, I have to have a transcript, but the traffic
court doesn't have a court reporter. It would be a waste of
taxpayer's money to run me through this court and then to have to
give me a trial de novo in a court of record. I do need a transcript
for appealing, and to save the government some money, maybe you
could schedule me to appear in a court of record.' You can show the
date on the ticket and the clerk will usually agree that there is
plenty of time to schedule your trial for a court of record. Now
your first appearance is in a court of record and not in a traffic
court, where there is no record. When you get into court there will
be a court reporter there who records every word the judge speaks,
so the judge is much more careful in a court of record. You will be
in a much better situation there than in a traffic court. If there
is no record, the judge can say whatever he wants--he can call you
all sorts of names and tell you that you have no rights, and so
on--and deny it all later.
3. When you get into court, the judge will
read the charges: driving through a yellow light, or whatever, and
this is a violation of ordinance XYZ. He will ask, -Do you
understand the charge against you?'
4. -Well, Your Honor, there is a question I
would like to ask before I can make a plea of innocent or guilty. I
think it could be answered if I could put the officer on the stand
for a moment and ask him a few short questions.' Judge: -I don't see
why not. Let's swear the officer in and have him take the stand.'
5. -Is this the instrument that you gave
me?' (handing him the traffic citation) Officer: -Yes, this is a
copy of it. The judge has the other portion of it.' -Where did you
get my address that you wrote on that citation?' Officer: -Well, I
got it from your driver's license.' (Handing the officer your
driver's license) Is this the document you copied my name and
address from?' Officer: -Yes, this is where I got it.' -While you've
got that in your hand, would you read the signature that's on that
license?' (The officer reads the signature) -While you're there,
would you read into the record what it says under the signature?'
Officer: -It says, 'Without prejudice, UCC 1-207.'' Judge: -'Let me
see that license!' (He looks at it and turns to the officer) -You
didn't notice this printing under the signature on this license,
when you copied his name and address onto the ticket?' Officer: -Oh,
no. I was just getting the address--I didn't look down there.'
Judge: -You're not very observant as an officer. Therefore, I'm
afraid I cannot accept your testimony in regards to the facts of
this case. This case is dismissed.'
6. In this case, the Judge found a
convenient way out--he could say that the officer was not observant
enough to be a reliable witness. He did not want to admit the real
nature of the jurisdiction of his court. Once it was in the record
that you had written 'Without prejudice' UCC 1-207 on your license,
the judge knew that he would have to admit that:
a. you
had reserved your Common Law rights under the UCC;
b. you had done it sufficiently by
writing 'Without prejudice' UCC 1-207 on your driver's license;
c. the statute would now
have to be read in harmony with the Common Law, and the Common Law
says the statute exists, but there is no injured party; and
d. since there is no injured party
or complaining witness, the court has no jurisdiction under the
Common Law.
7. If the judge tries to move ahead and try
the facts of the case, then you will want to ask him the following
question: Your Honor, let me understand this correctly: has this
court made a legal determination that it has authority under the
jurisdiction that it is operating under, to ignore two sections of
the Uniform Commercial Code which have been called to its attention?
If he says yes, tell him that you put the court on notice that you
will appeal that legal determination, and that if you are damaged by
his actions, you will sue him in a common law action--under the
jurisdiction of the UCC. This will work just as well with the
Internal Revenue Service. In fact, we can use the UCC with the IRS
before we get to court.
USING THE CODE WITH THE IRS
If the IRS sends you a Notice of Deficiency, this
is called a presentment' in the Uniform Commercial Code. A
-presentment' in the UCC is very similar to the Common Law. First we
must understand just how this works in the Common Law. Suppose I get
a man's name from a phone book--someone I have never met. And I send
him a bill or invoice on nice letterhead which says, -For services
rendered: $10,000.00.' I send this by Certified Mail to him at the
address taken from the phone book. The man has to sign for it before
he can open it, so I get a receipt that he received it. When he
opens it, he finds an invoice for $10,000 and the following
statement: -If you have any questions concerning this bill or the
services rendered, you have thirty days to make your questions or
objections known.' Of course, he has never heard of me, so he just
throws the bill away and assumes that I'm confused or crazy. At the
end of thirty days, I go to court and get a default judgment against
him. He received a bill for $10,000, was given thirty days to
respond. He failed to object to it or ask any questions about it.
Now he has defaulted on the bill and I can lawfully collect the
$10,000. That's Common Law. The UCC works on the same principle. The
minute you get a Notice of Deficiency from the IRS, you return it
immediately with a letter that says: The presentment above is
dishonored. your name has reserved all of his/her rights under the
Uniform Commercial Code at UCC 1-207. This should be all that is
necessary, as there is nothing more that they can do. In fact, I
recently helped someone in Arizona who received a Notice of
Deficiency. The man sent a letter such as this, dishonoring the
'presentment.' The IRS wrote back that they could not make a
determination at that office, but were turning it over to the
Collections Department. A letter was attached from the Collections
Department which said they were sorry for the inconvenience they had
caused him and that the Notice of Deficiency had been withdrawn. So
you can see that if it is handled properly, these things are easily
resolved.
IMPENDING BANKRUPTCY
On my way here, I had a chance to visit with the
Governor of Wyoming. He is very concerned that if he runs for office
this November, that there won't be a State of Wyoming at the end of
four years. He believes that the International Bankers might
foreclose on the nation and officially admit that they own the whole
world. They could round up everybody in the state capitol building,
put them in an internment camp and hold them indefinitely. They may
give them a trial, or they may not. They will do whatever they want.
As I explained earlier, it has not been expedient to foreclose on
the nation until they could get everything ready. This is where the
Federal Emergency Management Agency comes in. It has been put in
place without anyone really noticing it.
FEMA
FEMA, or the Federal Emergency Management Agency
has been designed for when America is officially declared bankrupt,
which would be a national emergency. In a national emergency, all
Constitutional Rights and all law that previously existed, would be
suspended. FEMA has created large concentration camps where they
would put anyone who might cause trouble for the orderly plan and
process of the new regime to take over the nation. Even a governor
could be thrown into one of these internment camps, and kept there
indefinitely. This is all in place now, and they are just waiting to
declare a national emergency. Then even state governments could be
dissolved. Anybody who might oppose the new regime could be
imprisoned until a new set of laws could be written and a new
government set up. The Governor knows all this, and he is very
concerned. He doesn't want to be in office when all this happens. I
visited with him and I told him that there are certain action we
should take right now. I think we should consider the fact that,
according to the Uniform Commercial Code, Wyoming is an
accommodation party to the national debt. To under-stand this we
must realize that there are two separate entities known as the
United States.
THE ROTHSCHILD INFLUENCE
When America was founded, the Rothschilds were very
unhappy because it was founded on the Common Law. The Common Law is
based on substance, and this substance is mentioned in the
Constitution as gold or silver. America is a Constitutional
Republic--that is: a union of the States under the Constitution.
When Congress was working for the Republic, the only thing it could
borrow was gold or silver, and the Rothschild banks did not loan
gold or silver. Naturally, they did not like this new government.
The Rothschilds had a deal with the King of England. He would borrow
paper and agree to repay in gold. But these united States, with
their Constitution, were an obstacle to them, and it was much to the
Rothschild's advantage to get the colonies back under the King. So
the Rothschilds financed the War of 1812 to bring America back under
England. Of course, that didn't work, so they had to find another
way.
THE FLAW IN THE CONSTITUTION: TWO NATIONS IN
ONE
It was around the time of the American Civil War
that they discovered a flaw in the Constitution. The flaw was
Article I, Section 8, Clause 17. Remember that there are two nations
called -United States.' What is a nation? See if you would agree to
this definition: Whenever you have a governing body, having a
prescribed territory containing a body of people. Is that a nation?
Yes. We have a governing body in the Republic--the three branch
government. There are the legislative, the executive and the
judicial branches, with a constitution. There is a prescribed
territory containing a body of people. This is a Constitutional
Republic. But, Article I, Section 8, Clause 17 gave Congress, which
is the legislative branch of the three branch government, exclusive
rule over a given territory known as the District of Columbia,
containing a body of people. Here we have a nation within a nation.
This is a legislative democracy within a Constitutional Republic.
When Congress was a part of the Constitutional Republic, it had the
obligation of providing a medium of exchange for us. Its duty was to
coin gold or silver. Anyone who had a piece of gold or silver could
bring it in and have it freely minted into coin. This was the medium
of exchange for the Republic. But, in the Legislative Democracy
(over Washington D. C.), Congress is not limited by the
Constitution. Congress has exclusive rule over the District of
Columbia. The legislators can make the law by a majority vote--that
makes it a democracy; they have the authority to have administrative
agents to enforce their own law; and they have courts in the
legislative branch of government, to try their own law. Here we have
the legislature making the law, enforcing the law and trying the
law, all within the one branch of government. This is a one branch
government within a three branch government. Under the three branch
government, the congress passes law which has to be in harmony with
the Constitution, the executive enforces the law passed by the
congress, and the judiciary tries the law, pursuant to the
Constitution.
THE THREE BRANCH CONSTITUTIONAL REPUBLIC and the
ONE BRANCH LEGISLATIVE DEMOCRACY are both called THE UNITED STATES.
One is the federal United States, and the other is the continental
united States.
ARE YOU A UNITED STATES CITIZEN?
If you say that you are a United States citizen,
which United States are you referring to? Anyone who lives in the
District of Columbia is a United States citizen. The remaining
population in the fifty states is the national citizenry of the
nation. We are domiciled in various sovereign states, protected by
the constitutions of those states from any direct rule of Congress
over us. In the democracy, anyone who lives in those states known as
Washington D.C., Guam, Puerto Rico, or any of the other federally
held territories is a citizen of the United States [D.C.]. We must
be careful with our choice of words--we are not citizens of the
United States. We are not subject to Congress. Congress has
exclusive rule over a given territory, and we are not part of that
territory. Where did Congress get the authority to write the
Internal Revenue Code? It is found in Article I, Section 8, Clause
17 of the Constitution. To pass that law, they only needed a
majority vote. There is no other way that they could pass laws
directly affecting individuals. Title 26, the Internal Revenue Code,
was passed as law for another nation (remember our definition of
'nation'), but Title 26 is not consistent with the Bill of Rights.
If you try to fight the IRS, you have no rights--the Code does not
give you any of your constitutional rights. It simply says, -You
failed to file an income tax form--you failed to perform in some
specific manner.' Remember, under the Common Law, you are free to do
whatever you want as long as you do not infringe upon the life,
liberty or property of anyone else. If you do not want to perform,
you don't have to. The only way you can be compelled to perform
under the Constitution in the continental united States, is if you
have entered a contract. But if you are not under a contract you can
not be compelled to perform. How can you be compelled to file an
income tax form, or any form? When Congress works for the Republic,
every law it passes must be in harmony with the Constitution and the
Bill of Rights, but when Congress works for the Legislative
Democracy, any law it passes becomes the law of the land (remember,
Congress has exclusive legislative control over federal territory).
If you are charged with Willful failure to file an income tax 1040
form, that is a law for a different nation. You are a non-resident
alien to that nation. It is a foreign corporation to you. It is
not the Republic of the continental united States coming after you,
it is a foreign nation--a legislative democracy of a foreign nation
coming after you. If you get a Notice of Deficiency from the
IRS, it is a presentment from the federal United States, and then
you can use the UCC to dishonor it, and you can also mention that
you are among the national citizenry of continental united States,
and you are a non-resident alien to the federal United States. You
never lived in a federal territory and never had any income from the
federal United States. Furthermore, you cannot be required to file
or pay taxes under the compelled benefit of using the Federal
Reserve Notes, because you have reserved your rights under the
Common Law through the Uniform Commercial Code at 1-207.
ORIGINAL INTENT OF THE FOUNDERS The Founding
Fathers would never have created a government that was going to boss
them around! There were 13 sovereign States. They were nations, and
they joined together for protection from foreign enemies. They
provided a means by which the union of the sovereign states could
fend off foreign enemies. But they never gave the congress of the
federal United States direct rule over any citizen of any state.
They were not going to be ordered around by that government they set
up.
FEDERAL REGIONS
The supreme Court has declared that Congress can
rule what Congress creates. Congress did not create the States, but
Congress did create federal regions. So Congress can rule the
federal regions, but Congress can not rule the States. How have we
been tricked into federal regions?
THE ZIP CODE TRICK
Remember how the government always comes to us and
says, -I'm from the government and I'm here to help you.' The
government went out into the various states and said, -We don't want
you to have to go to all that trouble of writing three or four
letters to abbreviate the name of the state--such as Ariz. for
Arizona. Just write AZ, instead of Ariz. Or you can just write WY
for Wyoming instead of Wyo.' So all of the states of the union have
got a new two-letter abbreviation. Even a state such as Rhode Island
has a new abbreviation. It is RI, instead of R.I. They have just
left off the periods. When you use a two-letter state abbreviation,
you are compelled to use a zip code, because there are so many
states, for example, which start with M. ME is Maine--MI is
Michigan. How many people dot every 'i', or make an 'i' that looks
like an 'e'? With MA, MO, MN, MS, etc., and some sloppy writing, and
you could not tell one from another. So, we have to use the zip code
in order to tell them apart. But if you wrote Mich., or Minn., or
Miss., there would be no real problem telling which state it was.
There is no harm in using the zip code, if you lawfully identify
your state. I found out that no state legislature has met to
lawfully change the abbreviation of the state from the old
abbreviation to the new. Therefore, if you do not use the lawful
abbreviation for your state, but use the shorter new abbreviation,
you have to use the zip code. Look on page 11 of the Zip Code
Directory, and it will tell you that the first digit of your zip
code is the federal region in which you reside. If you use AZ for
Arizona, you cannot use the state constitution to protect you
because you did not identify your state. You used the zip code,
which identifies which federal region you live in. And Congress may
rule directly federal regions, but it cannot rule the citizens of
any state.
ACCOMMODATION PARTY
Let's look at how the states have become the
accommodation party to the national debt. There are many people I
have talked to, including the Governor, who are very concerned about
this, and who know that it could happen very soon. If America is
declared a bankrupt nation , it will be a national emergency. The
Federal Emergency Management Agency will take over, and anyone who
opposes the new government of the creditors can be sent to a
detention camp in Alaska. We will have no rights whatsoever. They
have already set up prison camps with work camps nearby so the
people can be used for slave labor. It could be the governors,
legislators, and other leaders who would be hauled away to Alaska,
while the people now disenfranchised from power would likely be
chosen to run the new government. This could all happen very soon,
as the national debt is so large as to be unpayable. Even the
interest on the debt is virtually unpayable. As I explained, the
national debt--more than three trillion dollars--is not owed by the
Continental united States. It is the federal United States that had
authority to borrow bank credit. When Congress worked for
Continental united States, it could only borrow gold or silver, so
the national debt was borrowed in the name of the federal United
States. The federal United states has been bankrupt since 1938, but
the federal United States had to trap the States into assuming the
debt obligation of the federal debt. In the Uniform Commercial Code,
we find the term, 'accommodation party.' How did the states become
the 'accommodation party' to the federal debt? The federal
government, through our money system, made the states deal in
Federal Reserve Notes, which means that everything the states do is
'colorable.' Under the 'colorable' jurisdiction of the Uniform
Commercial Code, all of the states are the accommodation party to
the federal debt. Now the concern is to find out how we can get out
of this situation. I told the Governor that in the Common Law and
the Law of Merchants--that's the International Law Merchant--there
is a term called no-interest contract. A no-interest contract is
void and unenforceable. What is a no-interest contract?
NO-INTEREST CONTRACT
If I were to insure a house that did not belong to
me, that would be a no-interest contract. I would just want the
house to burn down. I would pay a small premium, perhaps a few
hundred dollars, and insure it for 80,000 dollars against fire. Then
I would be waiting for it to burn so I could trade my small premium
for $80,000. Under the Common Law and under international law of the
Law Merchant, that is called a no-interest contract, and it is void
and unenforceable in any court.
UNCONSCIONABLE CONTRACTS
In the Uniform Commercial Code, no-interest
contracts are called unconscionable contracts. The section on
unconscionable contracts covers more than forty pages in the
Anderson Code. The federal United States has involved the states as
the accommodation party to the federal debt, and I believe we could
prove this to be an unconscionable contract. We should get some
litigation into the courts before the government declares a national
emergency, claiming that this state has no lawful responsibility for
the national debt (of the federal United States), because it became
an accommodation party to this debt through an unconscionable
contract. If we have this litigation before the courts under
International Law when the nation is declared bankrupt, the
creditors would have to settle this matter first, and it would delay
them. They would want the new government to appear to be legitimate,
so they could not just move right in and take over the state,
because it would be in an International Court. This is very
important at this time.
QUESTIONS AND REVIEW
Note: These are some of the questions asked
after the main lecture. Some are restatements of material presented
earlier, but they contain very valuable information which is worth
repeating.
COURTROOM TECHNIQUES
Question: How did you -box in' the Judge?
Answer: This is easy to do if you don't know
too much. I didn't know too much, but I boxed them in. You must play
a little dumb. If you are arrested and you go into court, just
remember that in a criminal action, you have to understand the law
or it is a reversible error for the court to try you. If you don't
understand the law, they can't try you. In any traffic case or tax
case you are called into court and the judge reads the law and
then asks, -Do you understand the charges?' Defendant:
No, Your Honor, I do not. Judge: Well, what's so difficult
about that charge? Either you drove the wrong way on a one-way
street or you didn't. You can only go one way on that street, and if
you go the other way it's a fifty dollar fine. What's so difficult
about this that you don't understand? Defendant: Well, Your
Honor, it's not the letter of the law, but rather the nature of the
law that I don't understand. The Sixth Amendment of the Constitution
gives me the right to request the court to explain the nature of any
action against me, and upon my request, the court has the duty to
answer. I have a question about the nature of this action.
Judge: Well, what is that--what do you want to know? Always
ask them some easy questions first, as this establishes that they
are answering. You ask: Defendant: Well, Your Honor, is this
a Civil or a Criminal Action? Judge: It is criminal. (If it
were a civil action there could be no fine, so it has to be
criminal) Defendant: Thank you, Your Honor, for telling me
that. Then the record will show that this action against (your name)
is a criminal action, is that right? Judge: Yes.
Defendant: I would like to ask another question about this
criminal action. There are two criminal jurisdictions mentioned in
the Constitution: one is under the Common Law, and the other deals
with International Maritime Contracts, under an Admiralty
Jurisdiction. Equity is Civil, and you said this is a Criminal
action, so it seems it would have to be under either the Common Law,
or Maritime Law. But what puzzles me, Your Honor, is that there is
no corpus delecti here that gives this court a jurisdiction over my
person and property under the Common Law. Therefore, it doesn't
appear to me that this court is moving under the Common Law.
Judge: No, I can assure you this court is not moving under
the Common Law. Defendant: Well, thank you, Your Honor, but
now you make the charge against me even more difficult to
understand. The only other criminal jurisdiction would apply only if
there was an International Maritime Contract involved, I was a party
to it, it had been breached, and the court was operating in an
Admiralty Jurisdiction. I don't believe I have ever been under any
International Maritime contract, so I would deny that one exists. I
would have to demand that such a contract, if it does exist, be
placed into evidence, so that I may contest it. But surely, this
court is not operating under an Admiralty Jurisdiction. You just put
the words in the judges mouth. Judge: No, I can assure you,
we're not operating under an Admiralty Jurisdiction. We're not out
in the ocean somewhere--we're right here in the middle of the State
of __(any state)___. No, this is not an Admiralty Jurisdiction.
Defendant: Thank you Your Honor, but now I am more puzzled
than ever. If this charge is not under the Common Law, or under
Admiralty--and those are the only two criminal jurisdictions
mentioned in the Constitution--what kind of jurisdiction could this
court be operating under? Judge: It's Statutory Jurisdiction.
Defendant: Oh, thank you, Your Honor. I'm glad you told me
that. But I have never heard of that jurisdiction. So, if I have to
defend under that, I would need to have the Rules of Criminal
Procedure for Statutory Jurisdiction. Can you tell me where I might
find those rules? There are no rules for Statutory Jurisdiction, so
the judge will get very angry at this point and say: Judge:
If you want answers to questions like that, you get yourself a
licensed attorney--I'm not allowed to practice law from the bench.
Defendant: Oh, Your Honor, I don't think anyone would accuse
you of practicing law from the bench if you just answer a few
questions to explain to me nature of this action, so that I may
defend myself. Judge: I told you before, I am not going to
answer any more questions. Do you understand that? If you ask any
more questions in regards to this, I'm going to find you in contempt
of court! Now if you can't afford a licensed attorney, the court
will provide you with one. But if you want those questions answered,
you must get yourself a licensed attorney. Defendant: Thank
you, Your Honor, but let me just see if I got this straight. Has
this court made a legal determination that it has authority to
conduct a criminal action against me, the accused, under a secret
jurisdiction, the rules of which are known only to this court and
licensed attorneys, thereby denying me the right to defend in my own
person? He has no answer for that. The judge will probably postpone
the case and eventually just let it go. In this way, you can be as
wise as a serpent and as harmless as a dove, but you mustn't go into
court with a chip on you shoulder and as a wolf in -black sheep'
country. Remember Jesus' words, -I send you out as sheep in wolf
country, be wise as a serpent, and harmless as a dove.' Sheep do not
attack wolves directly. Just be an innocent little lamb who just
can't understand the charge, and remember--they can't try you
criminally if you don't understand the charge. That would be
automatically a reversible error on appeal.
THE SOCIAL SECURITY PROBLEM
If I were a young man, 18 or 20 years old and just
starting out in my first job, I would not want Social Security. With
my signature on the application I would write, 'Without prejudice'
UCC 1-207, and I would reserve my Common Law rights. But why
wouldn't I want Social Security today? I got into the Social
Security system in the 1930's, and I paid into it dollars that had
good purchasing power. Now I'm getting a promised return in Federal
Reserve Notes which have considerably less value. For example, in
1940, you could buy a deluxe Chevrolet for 800 dollars. With today's
Federal Reserve Notes, that won't buy the rear fenders and trunk on
a new Chevrolet. If I were a young man, I would not want to put
Federal Reserve Notes into Social Security now, and get back
something later like the German mark after World War I--when it took
a billion to buy a loaf of bread. They will give you every Federal
Reserve Note back that they promised you, but it might not buy
anything.
ASSURANCE
Under the Uniform Commercial Code, you have the
right in any agreement, to demand a guarantee of performance. So,
don't go to them and say, -I want to rescind my Social Security
number,' or -I refuse to take it.' Just take it easy and say, -I
would be happy to get a Social Security number and enter into this
contract, but I have a little problem. How can I have assurance
before I enter into this contract that the purchasing power of the
Federal Reserve Notes I get back at the end of the contract will be
as good as the ones that I pay in at the beginning. They can't
guarantee that, and you have a right under the UCC to assurance of
performance under the contract. So tell them, Well, I can not enter
this contract unless the government will guarantee to pay me at the
end of the contract with the same value Federal Reserve Notes that
I'm paying in. Both may be called Federal Reserve Notes, but you
know that these Federal Reserve Notes don't hold their value. I want
assurance on this contract that the Federal Reserve Notes that I get
in my retirement will buy as much as the ones that I'm giving you
now in my working years.' They can't make that guarantee. If they
won't give you that guarantee, just say, -I'd be glad to sign this,
but if you can't guarantee performance under the contract, I'm
afraid I can not enter the contract. Now, did you refuse or did they
refuse? You can get the sections of the Uniform Commercial Code
which grant the right to have assurance that the contract you have
entered will be fulfilled properly--that the return will equal the
investment, and you can reject the contract using the Code. Using
their own system of law, you can show that they cannot make you get
into a contract of that nature. Just approach them innocently like a
lamb. It is very important to be gentle and humble in all dealings
with the government or the courts--never raise your voice or show
anger. In the courtroom, always be polite, and build the judge
up--call him 'Your Honor.' Give him all the 'honor' he wants. It
does no good to be difficult, but rather to be cooperative and ask
questions in a way that leads the judge to say the things which you
need to have in the record.
THE COURT REPORTER
In many courts, there will be a regular court
reporter. He gets his job at the judges pleasure, so he doesn't want
to displease the judge. The court reporter is sworn to give an
accurate transcript of every word that is spoken in the courtroom.
But if the judge makes a slip of the tongue, he turns to his court
reporter and says, -I think you had better leave that out of the
transcript; just say it got a little too far ahead of you, and you
couldn't quite get everything in.' So this will be missing from the
transcript. In one case, we brought a licensed court reporter with
us and the judge got very angry and said, -This court has a licensed
court reporter right here, and the record of this court is this
court reporter's record. No other court reporter's record means
anything in this court.' We responded with, -Of course, Your Honor,
we're certainly glad to use your regular court reporter. But you
know, Your Honor, sometimes things move so fast that a court
reporter gets a little behind, and doesn't quite keep up with it
all. Wouldn't it be nice if we had another licensed court reporter
in the courtroom, just in case your court reporter got a little
behind, so that we could fill in from this other court reporter's
data. I'm sure, Your Honor, that you want an accurate transcript. (I
like to use the saying; give a bad dog a good name, and he'll live
up to it!) The judge went along with it, and from that moment on, he
was very careful of what he said. These are little tricks to getting
around in court. This is how to be wise as a serpent and harmless as
a dove when we enter into a courtroom. There are others using the
same information presented here who end up in jail, handcuffed and
hit over the head, because they approach the situation with a chip
on their shoulder. They try to tell the judge what the law is and
that he is a no-good scoundrel and so on. Just be wise and harmless.
UCC 1-207 REVIEW
It is so important to know and understand the
meaning of Without prejudice' UCC 1-207, in connection with your
signature, that we should go over this once more. It is very likely
that a judge will ask you what it means. So please learn and
understand this carefully: The use of -'Without prejudice' UCC
1-207,' in connection with my signature indicates that I have
reserved my Common Law right not to be compelled to perform under
any contract that I did not enter into knowingly, voluntarily, and
intentionally. And furthermore, I do not accept the liability
associated with the compelled benefit of any un-revealed contract or
commercial agreement. Once you state that, it is all the judge needs
to hear. Under the Common Law, a contract must be entered into
knowingly, voluntarily and intentionally, by both parties, or it can
be declared void and unenforceable. You are claiming the right not
to be compelled to perform under any contract that you did not enter
into knowingly, voluntarily and intentionally. And you do not accept
the liability associated with the compelled benefit of any
unrevealed contract or agreement. The compelled benefit is the
privilege to use Federal Reserve Notes to discharge your debts with
limited liability rather than to pay your debts with silver coins.
It is a compelled benefit, because there are no silver coins in
circulation. You have to eat, and you can only buy food with the
medium of exchange provided by the government. You are not allowed
to print your own money, so you are compelled to use theirs. This is
the compelled benefit of an unrevealed commercial agreement. If you
have not made a valid, timely and explicit reservation of your
rights under UCC 1-207, and you simply exercise this benefit
rendered by government, you will be obligated, under an implied
agreement, to obey every statute, ordinance and regulation passed by
government, at all levels--federal, state and local.
IN CONCLUSION
The editor of this transcript has taken great
liberties in putting this to paper in a effort to make it readable
and somewhat compact. He wishes to offer his gratitude to Howard
Freeman for the opportunity to work with information so absolutely
vital to our survival as dignified, unenslaved human beings. He must
also ask Mr. Freeman's forgiveness for any errors committed in
getting this in print. Its purpose, as stated in the Foreword, is to
make this knowledge and wisdom available to as many people as will
take the time and trouble to read it. This is meant to be
supplemental to Mr. Freeman's recorded lectures, not a substitute.
Indeed, there is no substitute for hearing him present this material
in his own words. It is not just the law and the facts that are
important here, but the way they are used. His numerous reminders of
Jesus' commission to be -...like sheep among wolves...' cannot be
overstated, and is certainly good advice to us in all dealings--not
just in court or with the government. Hearing him explain this in
his own words brings to life the practical application and
usefulness of being -wise' and -harmless.' In fact, after being
introduced to this approach, it becomes difficult to imagine that
any other way of defending oneself from the government would be
effective. It goes without saying that none of this information
presented here is in any way, shape or form offered as legal advice.
For that, as you know, you must -get yourself a licensed attorney.'
Having said that, I feel obliged to point out that one of the most
difficult aspects of dealing with a licensed attorney--even a good
one--may be knowing just whose side he is on (he is, after all, an
officer of the court)! So for those of us who have concluded that
having an attorney means that you will soon be chained, gagged and
lead to the gallows, this information may be in-dispensable. For the
extraordinary challenges of appearing in court in one's own
person--pro per--there are few reliable sources of information.
Learning to defend ourselves, that is, being responsible instead of
turning over one more area of our lives to -professionals'--may be
the only way to have any chance of digging ourselves out of this pit
of legal tyranny. Perhaps the greatest problem we face in education
today is the matter of widespread legal illiteracy. Naturally, there
will always be a number of people who just don't care about these
issues who either:
(1), have a soft life which is supported and
maintained by this secret system of law and the institutions which
have grown up around it ('I can make a bundle buying these
IRS-seized homes cheap and reselling them'), or
(2), don't believe that anything can be done
about it ('you can't fight city hall'), or
(3), simply don't have the energy or
inclination to do anything about it ('that's nice, but let's see
what's on TV').
For those good 'citizens' this whole effort may
seem useless, or even threatening. But it is this writer's view that
God did not intend for us to spend our lives in statutory slavery
for the benefit of a handful of secret world manipulators, even if
the 'masters' grant us some token pleasures and diversions. Human
dignity requires much more than entertainment. The door is there and
the key exists; we must find it and we must use it to return to
freedom! Let us discover the mistakes we have made, let us find the
truth, let us apply it with meekness and wisdom and let us gently
but firmly reclaim the precious freedom which we have so foolishly
given up. |