I N V I S I B L E C O N T R A C T S
George Mercier
BANK
ACCOUNTS
[Pages 131-193]
[Certain conventions have been used in
converting INVISIBLE CONTRACTS to an electronic medium. For an explanation of the conventions used,
please download the file INCONHLP.ZIP for further illumination. Other background information as well is
contained in INCONHLP.ZIP. It is
advisable to EXIT this file right now and read the contents of INCONHLP.ZIP
before proceeding with your study of this file.]
Some years
preceding his multiple prosecutions in 1984, Mr. Condo went down to a bank, and
initiated an Equity relationship with that corporation and the King. Yes, Commercial contracts in effect with
banks are invisible juristic contracts in effect with the King. In the Armen Condo Letter, I mentioned that
banks are in a special Status with the King, and likewise so are the individual
people who experience profit and gain from any Commercial contract they enter
into with a bank. This relational
effect of doing business in King's Commerce is pronounced quite clearly in the
INSTRUMENTALITY DOCTRINE the Supreme Court initiated publicly with DAVIS VS.
ELMIRA SAVINGS:
"National banks are instrumentalities
of the Federal Government, created for a public purpose, and as such
necessarily subject to the paramount authority of the United States." [170]
[170]=============================================================
DAVIS
VS. ELMIRA SAVINGS, 161 U.S. 275, at 283 (1896).
The
factual setting giving rise to DAVIS was a Bankruptcy proceeding. In the many quotations from the United
States Supreme Court and other judicial forums in this Letter, sentences were
rearranged and then quoted out of original order for enhanced logical
continuity; and in other places I made nominal punctuation and capitalization
changes. Therefore, please refer to the
original citations before requoting.
=============================================================[170]
This
Instrumentality Doctrine is very significant, and the word INSTRUMENTALITY
means an Equity Relationship that is quite strong in American
Jurisprudence. As nationally chartered
banks are the Instrumentality of the Congress, consider the subordinate Party
(the banks) as being the "right hand" of the Master (the
Congress). This is a very powerful
Doctrine indeed, and it needs to be understood for what it really means. In the Armen Condo Letter, I mentioned that,
from a Judicial Perspective, any profit or gain experienced from a bank carries
with it the same identical full force and effect as if the King himself created
the gain. Consider, for a moment, the
application of the Instrumentality Rule to corporations:
"Under this Rule, corporate existence
will be disregarded where a corporate subsidiary is so organized and controlled
and its affairs so conducted as to make it only an adjunct and instrumentality
of another parent corporation."
[171]
[171]=================raph
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1.
Incorporate into Judy16 IRC 7343person, 26 CFR 1.11(a), (b), &
(c),
& U.S. v. Tweel ( attached ) Demand
all records within their
"control"
which classify you as a 7343 or a 26 CFR 1.11(c) "person"
within
30 calendar days, cite "Tweel."
2. On Fed Tax Liens;
look under "kind of tax" usually list a tax
form
number. Suggest write to issuing IRC
office and ask what kind
of tax
is a "1040" tax. I am unable
to find that section in the
IRC. Again cite "Tweel" and demand a
response within 30 calendar
days.
Did this month ago response in 2 weeks, "mistake" cited
section
6652(a) referring to two other sections " failure to file
forms
for payment of dividends or patronage dividends for under
$10.00" Agent said was going to refile liens. Waiting for him to
do
this. Get certified copies of the recorded liens. Look at Penal
Code
115 "filing false information in a public record is a
felony." file complaint with D.A. A.G. or Feds.
whatever it
takes.
3. You probably already know what the word "levy"
means. Therefore
"Notice
of Levy" only means that your property is deemed available
to
satisfy a tax "assessed."
Does not mean they can take it until
they
seize. Altogether different procedure
and only certain
property
is subject to seizure; like stuff you make or transport
alcohol,
tobacco or firearms with. Will send later.
TITLE 26 CODE OF FEDERAL REGULATIONS
(4190 Edition)
ă
Ch. 1.
X[1]
Determination of Tax Liability, Tax On Individuals
8"
X[1]
Sec. 1.11 Income tax on individuals
(in part)8"
7
X[1]P
P
(a)
x‑
Hez$ General rule. x‑
@[ (1) Section 1 of the Code imposes
an
income tax on the income of every individual who is a
citizen
or resident of the United States and, to the
extent
provided by section 871(b) or 877(b) on the income
of a
nonresident alien individual.8"
7
X[1]P
P
(b)
x‑
Hez$ Citizens or residents of the United States liable
7!
to tax. x‑
@[ In general, all citizens of the United States,
wherever
resident, and all resident alien individuals are
liable
to the income taxes imposed by the Code whether the
income
is received from sources within or without the
United
States.8"
7N&
X[1]P
P
(c)
x‑
Hez$ Who is a citizen. x‑
@[ Every person born or
naturalized
in the United States and subject to its
jurisdiction
is a citizen.8"
Subtitle FProcedure And Administration
ă
+x-++Ԍ
Ch. 75.P
P
Crimes, Other Offenses, and Forfeitures.
Subchapter DMiscellaneous Penalty and Forfeiture Provisions
X[1]
7343. Definition of Term "Person".
8"
X[1]P
P
The
term "person" as used in this chapter includes an
officer
or employee of a corporation, or a member or
employee
of a partnership, who as such officer, employee,
or
member is under a duty to perform the act in respect of
which
the violation occurs.8"
X[1]
Source:
Secs. 145(d), 894(b)(2(D), 1718(d), 1821(a)(4),
2557(b)(8),
2707(d), 3228(in part), 3710(c), 3793(b)(2),
1939
Code.8"
X[1]P
P
His
assertion that 26 U.S.C.
7343 only applies to
business
entities and their employees ignores the word
"includes"
in the statute delineating the class of persons
liable. He asserts that the sixteenth amendment only
allows
taxing income from "sources" (entities and
monopolies
created by law), not persons. The
sixteenth
amendment
authorization, however, is for a tax on income
from
whatever source derived.8"
70
X[1]
gt> XA[1]
United States v. Condo
[1]x‑
@[ (1984) 741 F.2d 238, 239.8"
X[1]Silence
can only be equated with fraud where there is a
legal
or moral duty to speak or where an inquiry left
unanswered
would be intentionally misleading.8"
7
X[1]#x6N
hM;$X[1]H#
United States v. Tweel
x‑
@[ ( 1977 ) 550 F.2d 297, 299.8"
t
an action to perfect Judgment against you, possibly limited to an IN REM
proceeding in some states, and thence to initiate a foreclosure action on his
Lien. Whatever deficiency he fails to
acquired on the forced Referee's Sale of your house, he can take on any other
asset you own (if his judgment was IN PERSONAM). Yet, during Court proceedings, no written contract was ever
presented to the Judge to prove that a contract existed. So where do Judges get off on the idea that
a contract is in effect, just somehow?
The reason why an invisible contract was in effect is because you had
accepted the benefits that the roofing contractor had offered to you,
conditionally. This means that the
contractor offered you the benefit of a new layer of asphalt, subject to the
condition that a set sum of money be transferred over to him on his completion
of the benefit. So the homeowner
accepted benefits where reciprocity was expected in the mind of the benefit's
contributor (and the roofing contractor is the person contributing the benefits
of a new roof to that contract). So
even though no written statement of the contract was ever created by either
party, the contractor very much gets a judgment against you as the homeowner,
and also gets to foreclose on your house, as well. And all of that takes place very much in close harmony with
Nature -- and nothing was ever signed, and nothing was ever written down. Yet, according to Protestor liability
standards, no contract was in effect -- but the Protestors are seriously in
error and are incorrect. But by the end
of this Letter, you will see that there is an identical relationship in effect
between cheap home owning deadbeats who refuse to pay contractors for benefits
accepted, and numerous Highway Contract Protestors and Income Tax Protestors
out there, who think that they are being politically cute, somehow, by refusing
to return the reciprocity that an invisible contract they entered into calls
for. Yes, you Protestors are deceiving
only yourselves by believing that unless the contract is in writing, that it is
unenforceable or otherwise nonexistent.
After reading to the end of this Letter, I might suggest that you come
back to this area and reread this exemplary presentation, as it will trigger
close parallels in your imagination between cheap people, trying to get a new
roof for nothing, and Tax Protestors you are possibly acquainted with, who also
refuse to reciprocate and pay for benefits that were previously accepted.
Yes,
the Law operates out in the practical setting, and not on paper, and you
Highway Contract Protestors are really missing the boat. [294]
[294]=============================================================
"The
law necessarily steps in to explain, and construe the stipulations of parties,
but never to supersede, or vary them. A
great mass of human transactions depends upon implied contracts, upon
contracts, not written, which grow out of the acts of the parties."
- Joseph
Story in III COMMENTARIES ON THE CONSTITUTION, at 249 ["Contracts"]
(Cambridge, 1833).
=============================================================[294]
So, do
we really need a written contract on someone in order to bring them to their
knees? The answer is, no: No written contract is required by any one
in order to work someone else into an immoral position on the default of non-payment
of money or some other technical contract requirement, just like Pan Am did to
us in the oral jet lease example, and just like the roofing contractor did to
the homeowner. No written statement of
the contract is now necessary in the United States, or ever was necessary,
going clear back in chronology to the Garden of Eden. [295]
[295]=============================================================
I could
have gone back in Time even further, but where does someone draw the line? With Heavenly Father and his Law there is no
line to be drawn, since there is no identifiable point of chronological
beginning.
=============================================================[295]
However,
in order to perfect judicial contract enforcement, it is required that you
adduce evidence that a benefit was accepted by the other party against whom you
are moving, and additionally, that the other party wanted to experience the
benefit that you offered to them conditionally. This is a key Equity Jurisdiction Principle to understand in
defining a relationship with your regional Prince; because the Prince does not
need any individually negotiated, custom written contract from anyone in order
to rightfully and properly extract money out of them in a civil extraction
proceeding, or otherwise assert a Regulatory Jurisdiction against them out o those
highways; Like the Prince, the King also has his written PRIOR NOTICE and
PUBLIC NOTICE statutes to point to, and so all the King now needs to do is to
adduce some evidence that you experienced a benefit the King offered, and it
then becomes unethical for the Federal Magistrate to work an immoral Tort on
the King by restraining the unjust enrichment by the acceptance of the King's
benefits. Do you see what a difficult
position a clever King has worked Judges into -- anyway the Judge rules in your
favor, on the merits of the case, is to defile the Judge. QUESTION:
Did the jet's leasee want to lease the jet and experience a benefit by
using Pam Am's jet? Certainly. The idea of wanting a benefit is an
important one, since if a benefit is forced on a party who objects, the benefit
then becomes a gift and no reciprocating obligation arises to pay for the
benefit, even if the benefit is experienced by the default of the Grantee to
take the benefit back. This BENEFIT ACCEPTANCE
DOCTRINE applies to both tangible as well as intangible benefits. The King's Scribes in the Congress, who
write the King's LEX, addressed this same question by way of an analogy in 1970
with an amendment to the U.S. Postal Statutes regarding the mailing of
unordered merchandise. [296]
[296]=============================================================
Title
39, Section 3009(a) reads that:
"... the mailing of unordered
merchandise... constitutes an unfair trade practice..."
Section
3009(c):
"Any merchandise mailed in violation of
subsection (a)... may be treated as a gift by the recipient, who shall have the
right to retain, use, discard, or dispose of it any manner he sees fit without
any obligation whatsoever to the sender."
=============================================================[296]
So, in
Equity Relationships where contracts govern, no formal written contract is
necessary to work someone else into an immoral position on their deficiency of
QUID PRO QUO reciprocity through the nonpayment of money to you. And when the King is a party to an unwritten
and invisible contract, otherwise disputed factual setting arguments
surrounding the AMOUNT OF MONEY DUE question are not applicable (when the King
is a party), due to the prior PUBLIC NOTICE effect of his statutes (and therefore
Persons entering into Equity Relationships with the King have already consented
to the AMOUNT OF MONEY DUE terms). If
anyone ever tells you that our King is dim witted or dumb, get rid of such a
person but quick. [297]
[297]=============================================================
What
the King is taking advantage of here are some fellows called PRESUMPTIONS. These little creatures are known to make
quick appearances at Trials -- when they surface, go to work in someone's favor
on some evidentiary question, and then disappear back into the woodwork again
from which they came. PRESUMPTIONS are
not evidence itself, but these invisible fellows function in a Courtroom in
ways similar to directors and Stage Lights in a drama theater production; by
directing some of the sets and actors to turn this way or that, and by throwing
different colored lights on objects on the Stage. PRESUMPTIONS change the appearance of the evidence Show that is
being presented to the Jury -- and as a result of the different Lighting angles
and color hue techniques, the Jury (the Audience) is lead to make certain
INFERENCES and PRESUMPTIONS regarding the evidence Show that the Jury is
looking at:
"Presumptions are deductions or
conclusions which the law requires the jury to make under certain
circumstances, in the absence of evidence in the case which leads the jury to a
different or contrary conclusion. A
presumption continues to exist only so long as it is not overcome or outweighed
by evidence in the case to the contrary; but unless and until so outweighed,
the jury should find in accordance with the presumption."
- E.
Devitt et al., in FEDERAL JURY PRACTICE AND INSTRUCTIONS, Section 71.04 (2nd
Edition, 1970).
As it
pertains to Government PUBLIC NOTICE statutes, one of these PRESUMPTION fellows
is waiting in the wings, called a NOTICE PRESUMPTION. This fellow is waiting for that day when some statute will be
thrown at you in a prosecution. When
that great day happens, this invisible fellow will suddenly make his appearance
in your prosecution, coloring the evidence adjudged in a light unfavorable to
any LACK OF KNOWLEDGE ON CONTRACT TERMS claims you raise at that time; and then
having done his work, he will go back into the woodwork and disappear.
There
is an extensive body of EVIDENTIARY LAW ON PRESUMPTIONS AND INFERENCES written
down waiting for your intellectual absorption; as a point of beginning, to
become acquainted with the MODUS OPERANDI of these slick and invisible
hardworking PRESUMPTION fellows, consider:
- Wigmore
on EVIDENCE ["PRESUMPTIONS"] (1981) [a huge 9 volume set];
- J.
Thayer in PRELIMINARY TREATISE ON EVIDENCE AT COMMON LAW (1898);
[Wigmore and Thayer are extensively quoted
by state and Federal judges in all American jurisdictions; when the Congress
drafted their new FEDERAL RULES OF EVIDENCE in 1974, the opinions of Wigmore
and Thayer were predominate in quotations cited by commentators. See the 93rd Congress, 2nd Session, HR 5463
(House) and Serial #2 (Senate)];
- C.
McCormick in HANDBOOK ON EVIDENCE (1954 Edition);
- McBaine
in PRESUMPTIONS: ARE THEY EVIDENCE?, 26
California Law Review 519 (1938);
- David
Louisell in CONSTRUING RULE 301:
INSTRUCTING THE JURY..., 63 Virginia Law Review 28 (1977);
- Morgan
and Maguire in LOOKING BACKWARDS AND FORWARDS AT EVIDENCE, 50 Harvard Law
Review 909 (1937);
- 34
L Ed 2nd ["PRESUMPTIONS"];
- Morgan
in INSTRUCTING THE JURY ON PRESUMPTIONS AND BURDEN OF PROOF, 47 Harvard Law
Review 59 (1933).
The
Second Coming of the Savior spells the end of this world for Gremlins (as this
is THEIR world, in a sense); and like Gremlins, these invisible PRESUMPTION
fellow will be raised and brought forth to make their appearance at the Last
Judgment Day with Father; but unlike Gremlins, these PRESUMPTION fellows won't
need to concern themselves with a double cross by Lucifer: Because PRESUMPTIONS are not up for
judgment. Generally, the interposition
by the invisible PRESUMPTION fellows into our Celestial Contracts are
sophisticated concepts and require a presentation setting in a protracted
background discussion, which is something that lends itself well to another
future Letter. However, for an
introductory glimpse into the world of PRESUMPTIONS and of their origins in the
Heavens, see FRANCIS COFFRIN VS. UNITED STATES [156 U.S. 432 (1894)]; there the
Supreme Court suggested the possibility that the PRESUMPTION of innocence in a
criminal Trial can be found in Deuteronomy [COFFRIN, id., at 454]. When you get through with my impending
discourse on PRESUMPTIONS, you will see that these invisible PRESUMPTION fells
have been around a lot longer than just the BC days of Moses when he wrote
Deuteronomy -- as their origin is long before the Garden of Eden was created,
back before this World was created, back a long time ago, on a planet far away,
when our Heavenly Father, as a man then, went through his Second Estate just
like you and I are going through our Second Estate now. Through contemporary Prophets, it has been
revealed to us what some of the circumstances were that Father when through
back then. ... As for us now, just what
PRESUMPTION fellows will be making their appearance in our favor or against us
at the Last Day depends upon the factual setting we create down here; factors
taken into consideration are whether or not First Estate replacement Covenants
were entered into, and which of those Covenants were then honored in whole or
in part; and what was the extent to which we listened to Lucifer's SUB SILENTIO
imps hacking away at us -- that "... YOU JUST DON'T NEED TO CONCERN
YOURSELF WITH ANY OF THAT CONTRACT JAZZ.
THAT MERCIER -- BAAH!"
Provident to understand for the moment is that when we are UNDER THE
COVENANT, numerous PRESUMPTIONS will be both making an appearance on our behalf
and operating in our favor, at the Last Day.
=============================================================[297]
So
although written contracts are not that important, of and by themselves, in
terms of attaching and detaching liability, however without written statements
of the contracts being signed by the parties, it is then required that
expensive and protracted trial litigation be conducted just to prove the
content of the contract -- since the other party in default will always just
lie about it and deny liability, and you in turn then have to "over
prove" the other party's lie (called the PREPONDERANCE OF THE
EVIDENCE). You avoid all of that
protracted mess (assuming that you want to win) by simply getting the other
party to make written admissions as to the content of the contract, and then
you can deal with the enforcement of that contract at a later time in
chronologically accelerated Summary Judgment Proceedings (meaning just brief
LAW AND MOTION Hearings). So it is for
the economy of the contract's judicial enforcement that the written statement
of the contract then becomes important:
For economical reasons, by being able to present the Judge with a
non-disputed factual setting through written admissions, and thereby avoid the
cost, expense, and delay of a trial, and of avoiding the financial cost of
calling in witnesses to over prove the position of your adversary, since in
civil grievances, the party possessing the PREPONDERANCE OF EVIDENCE prevails).
Mindful
of that government Principle hanging in the background, we will now consider
the following points of attachment of King's Equity Jurisdiction on us all...
they
finally gave up and stopped asking for my consent altogether to search the
trunk when I told Mr. Nice Guy that the consent they sought would not be
forthcoming regardless of who they sent over to talk to me. So a MUTT AND JEFF tactic is where the
police will present to someone two opposite and contrasting personality
extremes, in order to trigger the desired admission/confession/consent,
etc. In describing the MUTT AND JEFF
tactic that the police love to use, in the application of its use during
interrogations, the Supreme Court has said that:
"... in this technique, two agents
are employed. Mutt, the relentless
investigator, who knows the subject is guilty and is not going to waste any
time. He's sent a dozen men away for
this crime and he's going to send the subject away for the full term. Jeff, on the other hand, is obviously a
kindhearted man. He has a family
himself. He has a brother who was
involved in a little scrape like this.
He disapproves of Mutt and his tactics and will arrange to get him off
the case if the subject will cooperate.
He can't hold Mutt off for very long.
The subject would be wise to make a quick decision. The technique is applied by having both
investigators present while Mutt acts out his role. Jeff may stand by quietly and demur at some of Mutt's
tactics. When Jeff makes his plea for
cooperation, Mutt is not present in the room."
- MIRANDA
VS. ARIZONA, 384 U.S. 436, at 452 (1965).
=============================================================[280]
But it
did not work.
The
arrest operation had lasted across several hours; the Sheriff's Department had
called out nine patrol cars and had detoured traffic around the arrest scene
[they just love to put on a big production, after all, this highway is THEIR
kingdom]. They probably resented the
SUB SILENTIO Statement I was making by wearing very expensive business clothes
and carrying a large amount of cash on me, while stingily refusing to spend so
much as $18 to register my car. But I
had a hunch that they resented most of all my cackles and giggling, which I had
a difficult time restraining -- after all, this was a criminal arrest, this was
heinous, I was supposed to "have done something wrong," I was
supposed to have been feeling guilty, I was supposed to have earned a
spanking. [281]
[281]=============================================================
Research
on the decision making process by police to arrest or not arrest [or in my
case, to intensify or not intensify the arrest scene] typically centers around
the:
"... social organization of arrest,
especially how upon situational elements, such as the deference and social
position of the suspect towards police, the preference of the complainant for
arrest, and the social position of the suspect, affect the decision..."
- Albert
Reiss in CONSEQUENCE OF COMPLIANCE AND DETERRENCE OF LAW ENFORCEMENT FOR THE
EXERCISE OF POLICE DISCRETION, 47 Law and Contemporary Problems 83, at 86
(Autumn, 1984).
In the
old days, the emphasis of the INSPECTORATE had always been preventative in
nature, i.e., that of generating compliance with the Law. The known policy objectives back then were
to protect the public from unscrupulous criminal adventurers, to develop public
trust, and to facilitate the flow of Commercial activities. Unlike today, the INSPECTORATE'S job then
was not that of filling jails (which were then few in number), but of preventing
Tort violation by controlling and ordering relational standards among people.
Initially,
the power of police officers to arrest on their own authority was limited to
matters committed in their presence and to the execution of Warrants to
arrest. The reverse has gradually
become to be the case nowadays. With
the emergence and extension of the doctrine of arrest on PROBABLE CAUSE, the
discretionary power of the police was expanded, and so as a result, the apprehension
of criminals came to dominate the organizational police department
mandate. With this objective in view,
now the focus of police practice training shifted to conform to this
exaggerated emphasis on arrest. Even
today, little official attention is given to the following facts:
1. That
the ordinary police officer on patrol infrequently makes an arrest in his daily
duty [A RAND NEW YORK study reported an average arrest productivity of .22
Index crime arrests per man month for uniformed patrol, and .86 Index for
detective's work. See P. Greenwood in
AN ANALYSIS OF THE APPREHENSION ACTIVITIES OF THE NEW YORK CITY POLICE
DEPARTMENT, at 49 (Rand New York Institute, 1970)];
2. Citizen
reporting, and leads originating from Citizens reporting illicit behavior,
accounts for the large majority of all arrests by patrol officers [A. Reiss in
THE POLICE AND THE PUBLIC, at 84 et seq. (1971].
In
short, the principle business of American policing is now the enforcement of
Criminal Laws by detecting statutory infractions (of which few infractions
actually require the factual presence of damages) and apprehending the
offenders, who are then thrown at the criminal justice machinery for some
indeterminate CRACKING. This
contemporary Criminal Law now treats our Father's old values of peacekeeping
and other order-maintenance functions as unimportant residual matters [a
quiescent state of affairs a typical American police commander would probably
snort at today as being patently unfeasible].
See generally, W. Spelman & D. Brown in CALLING THE POLICE: CITIZEN REPORTING OF SERIOUS CRIME (Police
Executive Research Forum, 1981).
=============================================================[281]
I was
in the patrol car facing West, so the large evening sun was setting over the
roof of my car parked in front of us, and just like in some Hollywood CLICHE
scenario, the Sheriff's Deputies had a small army of scavenger like silhouettes
working my car over, taking whatever they could find in it, tossing it out on
the road, and uttering salty frustrations at their legal disability to search
my trunk without my consent. [282]
[282]=============================================================
Uttering
salty frustrations is something that the police are very well acquainted with,
as their progenitors in ancient Rome also got their cookies turned over by
ventilating the unsavory expressions of the vilest slang then floating around
Rome:
"In the reign of Augustus, when Rome
had a population of nearly a million, there was a police force of seven
thousand men, with a commissioner, inspectors, captains, and lieutenants. Their twenty-one station houses were
carefully distributed over the whole area of Rome. One of these old time stations was exhumed in 1868, and the
remains of it show that the Roman police were well-housed and cared for. They had a fine building of marble and
brick, with baths, a gymnasium, and a lounging-place for "reserves"
who were not actually on patrol duty.
"A peculiar interest attaches to this
station house, because on its walls there still remain the jests and comments
which the policemen scratched there when off duty. Many of the inscriptions seem very modern, for they are sometimes
criticisms of those who were 'high up' -- sometimes even of the Emperor -- and
they are often couched in slang, or in language that is viler still."
- Richard
Kemp in MUNSEY'S MAGAZINE, at page 441 ["The Evolution of the Police"]
(July, 1910).
=============================================================[282]
After
having decided that they were not going to find anything in the car to justify
throwing another slice of LEX at me, they had one last item of business to
attend to -- they wanted to make sure that I understood that this Government
Highway was THEIR kingdom, and so they were determined to wipe that sneaky grin
off my face. [283]
[283]=============================================================
This
time, the Sheriff's bouncers were passively respectful of the Law, although
they are not always so. The study of
naked law breaking by the police is an art in itself; for an analysis of their
sneaky circumvention of the EXCLUSIONARY RULE, see J. Skolnick in JUSTICE
WITHOUT TRIAL: LAW ENFORCEMENT IN
DEMOCRATIC SOCIETY (1960) and Stinchocombe in INSTITUTIONS OF PRIVACY IN THE
DETERMINATION OF POLICE ADMINISTRATIVE PRACTICE, 69 American Justice Society
150 (1963). For their circumvention of
suspect interrogation rules, see Reiss & Black in INTERROGATION AND THE
CRIMINAL PROCESS, 347 Annals 47 (1967).
For an examination of the illegal use of police force in general, see
Reiss in POLICE BRUTALITY -- ANSWERS TO KEY QUESTIONS, 5 Transaction 2, at 10
to 19 (July/August, 1968). The general
conclusion they reach collectively through their protracted intellectualizing
is an obvious one: That the police are
motivated in part by stimulation originating from the suspect, which
stimulation can be either negative or positive in nature; and they are also
motivated in part by the specificity and intensity of instructions to CRACK, by
departmental management.
=============================================================[283]
So they
decided to make their closing Statement for the evening by dragging me in front
of a judge, and then throwing a Criminal Arraignment at me.
At the
Arraignment, I interrupted the Judge as he was reciting the charges to ask a
very simple question: Is this a COURT
OF RECORD?
In
response, the Judge threw an invective back at me that did not answer the
question asked; rather his little deflectional snort was to state that he was
just not a very good Judge to put such a question to. My response was to state that I was not a very good individual to
throw a Prosecution at -- and with that, the Judge's face distorted into a
dozen different directions; I had his giblets into a 42 U.S.C. Section 1983
cracker for conducting an Arraignment without a transcript being made. The furious Judge now had an Adversary who
apparently knew just enough to make him dangerous, so the Arraignment was moved
into another room and started over again.
I was up
against some two years incarceration, but that really did not concern me. In the following weeks, after starting to
hear some of my arguments in pre-Trial hearings, circumstances came to pass
(after I was threatened with a 30-day commitment at the State Hospital for a
Psychiatric Examination because I had continuously refused to hire a lawyer),
[284]
[284]=============================================================
Criminal
Magistrates want very much for you to have Counsel, as the mere lack of Counsel
bars them incarcerating accused Persons.
Frequently, I will refer to Magistrates ruling over chronologically
compressed criminal ceremonies as STAR CHAMBERS; this characterization I merely
borrowed from the Supreme Court, as they annulled a criminal conviction where
Counsel was forced on an unwilling Defendant:
"The Sixth Amendment, when naturally
read, thus implies a right of self-representation. This reading is reinforced by the Amendment's roots in English
legal history.
"In the long history of British
criminal jurisprudence, there was only one tribunal that ever adopted a
practice of forcing counsel upon an unwilling defendant in a criminal
proceeding. The tribunal was the Star
Chamber. That curious institution,
which flourished in the late 16th and early 17th Centuries, was of mixed
executive and judicial character, and characteristically departed from common
law traditions. For these reasons, and
because it specialized in trying "political" offenses, the Star
Chamber has for centuries symbolized disregard for basic individual
rights. The Star Chamber Court not
merely allowed but required defendants to have counsel. The defendant's answer to an Indictment was
not accepted unless it was signed by counsel.
When counsel refused to sign the answer, for whatever reason, the
defendant was considered to have confessed."
- FARETTA
VS. CALIFORNIA, 422 U.S. 806, at 821 (1975).
Yet,
there are writers that try and create the image that the King's STAR CHAMBER,
along with its torture and dismemberment on political dissidents, really wasn't
all that bad [see STAR CHAMBER MYTHOLOGY by Thomas Barnes in 5 American Journal
of Legal History, at 1 (January, 1961)]; a stratagem of INTELLECTUAL
CONTAINMENT by rewriting history that Gremlins are well acquainted with in
other textual settings.
=============================================================[284]
where I
was alone with the part-time state judge in his law office [I went to his law
offices to serve him with an Emergency Appeal Notice, but the judge invited me
into his own office for a chat, and so I had it out with the judge, right then
and there]. I did not know it then, but
the judge did not want the Emergency Appeal being heard before appellate
judges. The meeting lasted for several
hours, and the judge explained to me in a round about and vague way how I was
wrong on the merits of the large volume of Tort Law arguments that I had thrown
at him. He talked to me evasively about
the duties of Citizenship (which is a Contract Law relationship), and how
Licenses revoked by the state are in a special status where Contract Law still
applies, although he did not specifically explain to me just why this is so;
which means that I asked the Administrative Law Judge the wrong questions. [285]
[285]=============================================================
Asking
the right question is a real art in itself, and very serious art at that: It is literally a matter of life and death,
not just in this World, but even more so in the impending Third Estate as
well. In 1949, the Supreme Court was
asked a question: Did the refusal of
the Trial Judge presiding over a murder conviction violate DUE PROCESS when the
Judge relied on information at the Sentencing Hearing (after the Defendant was
convicted by the Jury), whom the Defendant could neither confront nor
cross-examine. The Supreme Court ruled
that the 5th Amendment's DUE PROCESS CLAUSE applied to criminal prosecutions up
until the time of conviction; therefore, sentence of death affirmed -- go get
executed. [See WILLIAMS VS. NEW YORK,
337 U.S. 241 (1949) (After a Jury convicts, the Judge is free to impose any
Sentence within statutory guidelines, and the Judge is free to draw upon any
information he feels like to make his decisions, such as previous convictions,
etc.)]. For asking the wrong question,
Williams got the electric chair.
... In
1976, the Supreme Court was asked the question whether the mandatory death
sentence imposed by the North Carolina legislature violated the Eighth
Amendment's prohibition against CRUEL AND UNUSUAL PUNISHMENT, the answer came
back: Yes, it did. For asking the right question, sentence of
death reversed; no execution here. [See
WOODSON VS. NORTH CAROLINA, 428 U.S. 280 (1978)].
=============================================================[285]
When I
probed deeper to extract detailed information as to whether it was the revoked
nature of the old Driver's License that continued to attach a regulatory
jurisdiction, he said loosely that my revoked License status was not relevant
in holding me to those Motor Vehicle statutes, and that I could be held to
those statutes even if I had never applied for a License. And so, even though I knew that he was
withholding from me some Law that I wanted to know, I quickly reasoned that I
was wrong not just for one reason, but for several substantive reasons, so I
capitulated immediately, and the judge offered to give me a qualified
dismissal, his head hanging down looking at the floor, probably finding his
protracted conversation with some occasional sharp technical exchanges on the
Law, particularly in the Counsel area, to have been simply incredible. And the prosecution so ended, quickly and
unexpectedly. Suddenly, my RIGHT TO
TRAVEL Case, that I thought I would be arguing on appeal, just fell apart and
collapsed right in front of me; my Case that I had spent so long in preparation
and in building up an air-tight defense line just vanished from underneath me;
all of the incredible amount of time that I had spent researching and writing
my large volume of justifying defense arguments, of digging out large volumes
of Highway Cases from the 1800's, and all of my meticulous records preservation
of an arrest scene factual setting where rights were demanded... all of that
went out the window for a reason that I never originally contemplated, a reason
that I never thought of, and a reason that I never even considered as probable
as I was writing those copious Tort Law arguments: An invisible contract I had no knowledge of, that suddenly made
an unexpected appearance. Yes, an
unknown and invisible Highway Contract was actually in effect when I was
driving around without a License in effect; a contract was in effect that my
legal Patriot mentors had specifically and adamantly told me did not exist
(since I was not using the Highways for a Commercial purpose and my Driver's
License did not exist). But the Patriot
advisors were point-blank wrong, and the contract did exist, as I will explain
later; and the contract was invisible, and I have no recourse at all to my
legal Protesting mentors who led me to the false conclusions that they
did. And now I know, in a very real
way, what a Witch or Bolshevik Gremlin will be feeling like at the Last Day
before Father; having spent so much time and careful preparation in developing
a line of defense to win a known impending Judgment, but it was all for naught
as one tiny little invisible contract I had no knowledge of nullified my entire
array of Tort Law arguments, up and down the line. I have some compassionate remorse for those poor Gremlins, as I
know what they are going to be up against at the Last Day, and it isn't very
pleasant. And just as I have no
recourse to the Patriot clowns I listened to who exaggerated the legal
significance of the Driver's License as being "the contract", so too
will the world's Gremlins have absolutely no recourse to seek a redress from
their mentor, Lucifer, who is now also leading them astray for the identical
same reason: Important factual
knowledge is being withheld from the Gremlins on the existence of an invisible
Contract in effect with Father from the First Estate, which nullifies their
Tort defense arguments and damages vitiation justifications. After I subtracted out my Tort Law related
arguments that the invisible Highway use contract nullified, only a handful of
procedural errors still remained (at that pre-Trial stage); I also had an
interesting administrative estoppel, and also a strong automatic conviction
reversal on the Counsel issue, but none of these were ON POINT to the RIGHT TO
TRAVEL question itself that I had been juiced up to argue on Appeal.
Unlike
Tax Protestors, I have no interest in trying to argue Rights and numerous
procedural deficiencies, while coming up to the appellate courts on the left
side of the factual issue: Because the
most important element of your defense is the factual setting, and that instant
factual setting favored the Prince, as viewed from a judicial perspective: Multiple invisible contracts were in effect
that I had no knowledge of. As I will
explain later, when I used that Government Highway, I had accepted a special
benefit that the New York Prince had conditionally offered to me -- offered
with expectations of reciprocity being held by the benefit's donor, and so now
an invisible contract was actually in effect.
Unlike Tax Protestors, I am in a teachable state of mind, and so when a
judge is trying to explain serious and fundamental error to me (as
distinguished from mere philosophical disagreement with my defiance), I listen.
There
is wisdom in selective capitulation.
For example, like being in a jail processing center and having 6 jail
guards on you with choke holds to drag your fingerprints out of you through
your blood, there are some circumstances where your failure to capitulate is to
be discouraged. And that Tax Protestor
from California I mentioned earlier, being up to his neck in contracts with the
King, should have capitulated for his own good; his defense was lousy and his
"Recessions" were never filed timely, and so he should have
capitulated for that reason alone.
Criminal prosecutions are adversary proceedings, and even if yo are
correct, your failure to explain why to the Court is necessarily fatal, when
certain invisible juristic contracts the Judge has already taken IN CAMERA
Judicial Notice of, are PRIMA FACIE Evidence of your taxation liability. Yet, there is a tremendous amount of value
to be gained by being "Hardened" experientially, and our willingness
to get our feet wet and be prosecuted even though we may be technically wrong
for different reasons, will later prove to be to our advantage; as the
Bolshevized threats of future Kings to pay or else be incarcerated, while
shocking everyone else into submission, will fall on our death ears.
For
people like Armen Condo and Irwin Schiff, who have such strong political
feelings against the King, this internal bias of their's is obscuring their own
practical judgment. So correctly
understood, addressing this Armen Condo/Irwin Schiff manifestation of sloughing
off responsibility for their acts and relative state of factual knowledge onto
third parties "... it's the King who's wrong, not me," more important
than the problem of exercising judgment on a limited slice of the available
facts, is the problem of they're not being in a teachable state of mind. When I sent Armen Condo that Letter, his
reaction was to quickly toss it aside in the context of oral derogatory
characterizations. Someone else found
it and pulled out of it things Armen Condo saw, but never read. So the distinction between Armen Condo and
the other fellow was that one was in a teachable state of mind, and Armen Condo
wasn't. As a Judge, I could overlook
ignorance when the now enlightened Defendants wants to remedy his prior misdeeds
(negating the CORPUS DELICTI question of damages), but a non-teachable PERSON
gets committed to a cage: His own worst
enemy isn't the King, it's himself.
[286]
[286]=============================================================
You and
I, Mr. May, have an interest in being concerned about this since the sentencing
of Irwin Schiff earlier this month in Hartford, Connecticut, to 3 years
incarceration based on technical violations of his bank account contracts he
adamantly refuses to get rid of, gives outsiders very strong impressions that
this Movement is either illegal or unfeasible, and probably both.
[In December of 1982, the IRS seized a
large amount of money out of Irwin Schiff's bank accounts. Mr. Schiff then discussed his seizure and
its secondary ramifications in a monthly publication he was editing at the
time, called THE SCHIFF REPORT.]
As for
the public, the general attitude of outsiders is that if the kingpin of tax
resistance research, Irwin Schiff himself, is unable to keep himself out of the
King's Dungeon, then there just must not be too much substance to our
philosophical position.
It has
always been difficult for folks on the outside to relate well to others who
were being criminally prosecuted for political reasons. Last month, Irwin Schiff was being
prosecuted under an infracted contract; Irwin Schiff had been selected for
prosecution by reason of his high political profile. The significance of Mr. Schiff's taxation contract with the King
that was presented to the Federal Judge was an elusive item for Irwin Schiff to
come to grips with, as he dismissed for naught the advisories to GET RID OF
THOSE CONTRACTS, that were given to him by sympathizers I know of. The significance of those contracts was
invisible to him. Like Tax Protestors,
Latter-day Saints have had a long and unpleasant background in being prosecuted
by Governments as well. When Brigham
Young left Nauvoo, Illinois in 1846 to escape incredible persecution, and
started the long march out to the Salt Lake City Valley, they actually fled the
United States, as Utah was the Territory of Mexico at that time. Those folks who are indifferent to the easy
use of Juristic Institutions as instruments of harassment and persecution,
typically speak unfavorable comments about those who sympathize with the
persecuted:
"What this deluded people may do with
their prophet, priest, and king, an unwilling prisoner in the hands of the law,
no man can foretell. I only witness and
record such bitter hatred of their rulers, such fierce invectives against the
Government under which they live, and such muttered threats of coming
retribution against whom they deem their oppressors as I have never witnessed
before."
- A
writer for the NEW YORK TIMES ["Brigham Young in Court"], page 1
(January 14, 1872).
Many
folks snickered at Irwin Schiff for this tax protesting while reading about him
in the papers [as technically incorrect as his protesting was], but like
Brigham Young, Irwin Schiff will one day OPEN HIS EYES and look back on his
commitment to a Federal cage under an infracted contract for that it really
was, and be ever grateful that the seriousness of invisible contracts was
driven into him, as he goes forth to inherit and preside over WORLDS WITHOUT
END, leaving those who vindictively snickered to fall behind as they continue
on with their attractive behavioral justifications sounding in Tort. Irwin Schiff is a great man in many ways,
and those who are great have much to do, so some dimension of error will always
surface here and there for others to find fault with:
"He that has much to do will do some
things wrong, and of that wrong must suffer the consequences; and if it were
possible that he should always act rightly, yet when such numbers are to judge
his conduct, the bad will censure and obstruct him by malevolence, and the good
sometimes by mistake."
- Samuel
Johnson, as quoted by the editors of the NEW YORK CITY DIRECTORY, inside front
cover [John Trow Publisher, New York (May 1, 1864) {New York Historical
Society, LIBRARY, New York City}.
=============================================================[286]
It is
very much highly moral and proper for the Judiciary of the United States to
forcibly extract a 1040 out of Taxpayers:
Because the mandatory disclosure of information in a 1040 is identical
to the disclosure of information that is routinely extracted out of adversaries
in civil litigation (called "Discovery"); [287]
[287]=============================================================
In a
really pathetic status Case where manifold contracts governed, the Supreme
Court ruled that the Congress has the Common Law right, in an income tax
collection setting, to force Citizens to produce testimonial and other
evidentiary goodies against their will and over their objection, even though no
explicit Congressional statutes specifically authorized the evidentiary
grab. See UNITED STATES VS. HARVEY EUGE
[444 U.S. 707 (1980)]. Mr. Euge was up
to his neck in Citizenship and multiple Commercial contracting instruments like
bank accounts, which to him were invisible since he did not understand their
significance in the impending judgment setting; and so like a Gremlin at the
Last Judgment Day before Father, Harvey Euge turned to the Judiciary appealing
for rights, justice, and fairness -- only to find his arguments falling on
death ears. Harvey Euge I feel sorry
for, but I resent his lawyers who took his money and did not enlighten Harvey
on his error.
=============================================================[287]
and in
a King's Commerce setting, where the Taxpayer experienced financial enrichment
and Federal Benefits in the context of reciprocity being expected, the Taxpayer
and the King are in a Contractual relationship where Tort Law Principles of
fairness and privacy are not even relevant.
One of
the reasons why the circumstances surrounding the initial execution of a
contract, the contract's existential RAISON D'ETRE, of any contract in Commerce
is important is because the judicial enforceability of the contract drops a
notch or two into another Status altogether if the deficiency element of either
party never having experienced any benefit from that contract surfaces during a
grievance as an attack strategy. This
requirement of experiencing a benefit is very important in American
jurisprudence, and properly so, since it is immoral and unethical to hold a
contract against a person he received no benefit or gain from. In this case of entering into bank account
contracts, could someone please show me how any person could possibly have a
checking account or a bank loan, or any type of credit or depository
relationship with a bank, and not experience a hard tangible financial
benefit? This places Judges in a
difficult position in that if they simply toss aside and annul contracts
because one of the parties involved doesn't feel like honoring some
uncomfortable terms the contract now calls for, but that same nonchalant party
does not want to give up or return any of the financial benefits they
experienced under the life of the contract, then by examining the prospective
consequences of potential annulment, we find that the Judge is actually in a
difficult moral position for not enforcing the contract: Because the nonchalant party gets away with
the illicit retention of hard financial gain they experienced through the
operation of the contract -- if that prosecution ever gets dismissed.
This is
a contributing reason as to why Federal Magistrates come down so hard on, and
so openly, brazenly, and freely snort at "Tax Protestors," so called,
(and with so little concern for their being reversed on appeal), who are
dragged into their Court by the King's Agents on an administrative contract
enforcement action -- WILLFUL FAILURE TO FILE:
Because a Commercial contract was in effect, the Judge knows that the
Defendant has experienced financial gain from that contract, and that now
letting the Defendant out of the contract is immoral. [288]
[288]=============================================================
Some
folks reading that Armen Condo Letter have been surprised that the Federal
Judge already had a copy of Armen's bank accounts in front of him, while Armen
was throwing his foolish Tort Law arguments, in the form of Constitutional
pronouncements, at the Federal Judge; and in fact the Judge also had Armen's
bank accounts even before the prosecution even started. This should not really have surprised
anyone, since in all criminal prosecutions in the United States, in all
political jurisdictions, both state and Federal, from murder to rape to check
forgery to bombing a Federal building, there is always a preliminary
examination of the evidence the prosecuting attorneys want to use. This examination normally takes place in the
Judge's Chambers (called an IN CAMERA examination), at the time the Judge is
requested to consider signing the Bench Warrant/Arrest Warrant/Criminal
Summons. The examination determines if
there is enough valid evidence to bind the Defendant over for Trial. Quite often there is a second examination
hearing in open court (called a Preliminary Examination even though it is the
second evidentiary examination for the Judge) that is like a mini-Trial,
particularly with felonies, with the Defendant present in open court in
adversary proceedings. For a mentioning
of the practice of the IRS (through the personality of the local United States
Attorney) to adduce evidence of that PERSON'S entry into Interstate Commerce
before the Judge, quietly, EX PARTE, and in an IN CAMERA meeting, in advance of
the issuance of the criminal 7203 Summons, see the unreported Slip Opinion of
the Ninth Circuit Court of Appeals, in the UNITED STATES VS. RONALD FOSTER, ET
AL., dated November 29, 1977, page 3.
(Appeal from the United States District Court for the Central District
of California, Number 76-3733).
And it
is in those quiet Chambers when the Criminal Summons is signed that the most
important "Trial" takes place:
Because it is then that the Judge quietly takes Judicial Notice of the
fact that you are up to your neck in contracts with the King.
=============================================================[288]
But be
advised that nothing I have said so far relates at all to the liability for the
payment of the Excise Tax on personal incomes (the so-called Income Tax). Even though the Income Tax is an Excise Tax,
it is also a Franchise Tax and several other things. This is why Federal Judges openly snort at folks making a defense
to the Income Tax, so-called, or its administrative mandates in Title 26, based
on deficiencies claimed from its Commercial Excise Tax application
perspective. In Federal Appellate
Circuit Courts, attorneys who argue the "Income Tax is an Excise Tax"
line for the clients are sometimes fined.
What those lawyers do not concern themselves with is that although the
Income Tax has been characterized on occasion by Federal Courts has being an
EXCISE TAX in reported opinions, such a characterization is not exclusive;
additionally, the meaning of just what an EXCISE TAX is has been organically
enlarged over the centuries. Your
arguments, documenting the deficiencies in the Income Tax as an Excise Tax as
applied to your client, are only valid and legitimate, if and only if, your
client has previously cut and terminated all other adhesive attachments of King's
Equity Jurisdiction, of which the Citizenship Contract is an important item, so
that the only remaining disputed area of Equity Jurisdiction left over involves
questions of voluntary entrance into Interstate Commerce, an area of Law very
much appropriate for an Excise Tax.
Then, and only then, do your arguments get addressed by Federal
Magistrates. But such a pure and lily
white person is extremely rare today, and such a pure and clean rescission out
away from King's Equity is a tactically difficult thing to do, even when you
are planning it in advance and are trying to do it. If your client has other attachments of Equity Jurisdiction on
his Person, and you lawyers argue Excise Tax deficiencies on Appeal, then without
even addressing the substance of your Excise Tax deficiencies, your arguments
are patently stupid on their face:
Because you have only told the Federal Court somewhere between 3% to 8%
of what they need to hear. What about
the other 95%? What about the other
attachments of Equity Jurisdiction the King has on your client? What about them? Why are you silent on those attachments? [289]
[289]=============================================================
Reason: Because your client is up to his neck in
multiple layers of invisible juristic contracts with the King, so
multiplicitous that they are difficult to get rid of. And you are being correctly rebuffed by Federal Magistrates when
they first snort at, and then toss out, your incomplete and deficient
arguments, even though of and by itself, your Excise Tax argument is often
technically accurate [Excise Taxes have organically changed in meaning since
their appearance in the EXCISE TAX CLAUSE of 1787, and arguments centered
around such a 1787 meaning are now incorrect.
It would be provident for a federal appellate forum to momentarily stop
their snortations when dealing with a Tax Protesting action and elucidate well
on the growth in the semantic differential in Excise Taxes, by explaining the
enlargement in meanings from 1787 to the present].
=============================================================[289]
Those
rubbery little lawyers, stealing money from their clients in the form of an
advisory fee, are in the same sinking boat that many Patriots are in: They look for deficiencies in the King's
Charter and in his statutory LEX, rather than explaining error to the
clients. But they are out for his
money, and his best interests are the last thing that lawyers concern
themselves with -- but what is really sad is that lawyer's do no even know the
Law they fraudulently purport to be schooled in. [290]
[290]=============================================================
The
lust for power among contemporary lawyers is impressive; see Doug Brandow in
THROW LAWYERS AT THEM, Conservative Digest, at 46 (January, 1983).
"In tribal times, there were the
MEDICINE MEN. In the Middle Ages, there
were PRIESTS. Today there are the
LAWYERS. For every age, a group of
bright boys, learned in their trade and jealous of their learning, who blend
technical competence with plain and fancy hocus-pocus to make themselves
masters of their fellow men. For every
age, a pseudo-intellectual autocracy, guarding the tricks of its trade from the
uninitiated, and running, after its own pattern, the civilization of its
day."
- Fred
Rodell in WOE UNTO YOU, LAWYERS, at ix [Reynal & Hitchcock, New York
(1939); the title for this book originates in Luke 11:52]
Perhaps
we could speak more kindly of lawyers if we had some good authority to do so,
but even the Supreme Court has taken cognizance of what they pull off:
"Due to sloth, inattention, or desire to seize tactical advantage, lawyers have long engaged in dilatory practices... The glacial