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Money and Banking "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 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 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 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. 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 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 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 JURISDICTION The
Constitution of the 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 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 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 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 FEMA FEMA, or the Federal Emergency
Management Agency has been designed for when THE ROTHSCHILD INFLUENCE When
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 - THE ARE YOU A UNITED STATES CITIZEN? If
you say that you are a 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 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
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 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 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 you 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 'people' 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. |
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