- A Failed Petition for Writ of Certiorari: the Most Important Project of the Year
- About Charles Edward Lincoln, III: For Family, Home, and Freedom (Make it Real)
- Joan of Arc’s 600th birthday in France—Vive Marine Le Pen and the Front National!
- Lies, Damned Lies, and Reviewing the History of some things that did and some things that never happened in 1997 or any time since….
- Race-Based Standing: the most outrageously perverse violation of Civil Rights laws in America (the Warren Court was a Fraud)
- The History of Lago Vista 1997-8, and of the US District Court for the Western District of Texas
- TMI: Inflationary Facebook & Wikipedia lead to Depreciation of Knowledge & Information
- WHERE WEALTH (AND CHEAP ELECTRONIC KNOWLEDGE) ACCUMULATE AND MEN DECAY—from the Enclosure Acts to Einstein and the I-Phone….
- For Wagner’s 200th Birthday—a collection of amazing recordings of Kirsten Flagstad, the greatest Wagnerian Soprano of All TImes
- How many Phone calls would you expect a person who died in an aeroplane crash to make after the crash? Does 19 seem like a lot?
- Richard Wagner: the Founder of the Modern Theatre, Theatrical Style, and Godfather of Modern Love?
- The Richard Wagner Bicentennial—I cannot understand myself or the World without reference to Richard Wagner and his Music
- If Not for Charlamagne and Roland, France Could have been part of the Caliphate for 1200 years already
- Why has the Everlasting fix’d his Canon ‘gainst Self-Slaughter? A la memoire de Dominique Veneer—Frater: Ave, Atque Vale!
- 33 Years (and one week) was a Long Ice Age Lifetime—May 11, 1980 to May 18, 2013—has been 33 Years and One Week
- I’ve always believed my grandparents were the smartest people I ever met: were they just part of a “better generation?” More thoughts on Nostalgia and whether “the Good Old Days” were really better
- British Blue Blood Barrister Barbara Hewson Stands up against Sexual Hypocrisy and Sensational Media
- BAC Funding Consortium, Inc., v. Ginelle Jean-Jacques et al.—As a Birthday Present, another Florida District Court Judge (Craig C. Villanti, 2nd DCA) “Got it Right”—but the struggle is fierce (and how curious that as between two Banks, the standard of pleading and proof is so much stricter)
- Aurora I. Diaz & David Wynn Miller & David Rodearmal v. Hillary Rodham Clinton
- What does it mean if "FNMA SCH/SCH MBS FIX RPM 06TH" is your "creditor"? What IS "FNMA SCH/SCH MBS FIX RPM 06TH"? Is it a real corporate trust? Who set it up? Organized where? Under whose laws? Who is the trustee? Who are the beneficiaries? Who endowed or granted the trust into existence? And what about this credit-extension-foreclosure cycle: FNMA to FNMA in Nine Years Time---should this circle be unbroken or is it emblematic of the true governmental = communal = communistic nature of property ownership in the Soviet American Socialist Federation?
- Obtaining Money by False Pretenses and Fraud
- For Wagner's 200th Birthday---a collection of amazing recordings of Kirsten Flagstad, the greatest Wagnerian Soprano of All TImes
- July 18 in History----Great Fire of Rome under Nero, A.D. 64, End of Papal Authority in England under King Henry VIII in 1536, Adolf Hitler's Mein Kampf published in 1925 Edward Kennedy Drive's off Chappaquiddick Bridge in 1969 while Apollo 11 Heading Towards the Moon---thoughts Tom Lehrer's "The Year that Was" = 1965, also the first year without silver coinage in U.S. History, the year of (truly deadly) Immigration and Nationality Act if 1965, the Voting Rights Act of 1965, and the time-setting for Wes Anderson's movie "Moonrise Kingdom"---with memories of an America that is truly Gone with the Wind....and July 18-23 there was massive flooding in Missouri....
- MERS as NOMINEE (from Living Lies)
- The First Day of Summer, Reflections on the Solstice, the 797th Anniversary of Magna Charta, Juneteenth, the Committee of Five, with only six months left until the End of the World as we Know it?
- Lane & Lane v. Vitek Real Estate Industries Group, 713 F.Supp.2d 1092 (E.D. California 2010)---From East and South, California Courts have surrendered to MERS and California Civil Code 2924 Unconstitutional Foreclosure without Due Process of Law
- You Can Stop Evictions! Call for a Civil Rights Removal Revolution! The Truth about California Non-Judicial Foreclosure is, it's all based on LIES, LIES, and MORE LIES! There's one simple reason: California Civil Code Section 2924 Protects the Liars!
- Is District Court Federal Jurisdiction under 28 USC 1331 Unconstitutional in regard to District Court Exercise of Jurisdiction over the Constitutionality of State Statutes? (Further Evidence that a Little Knowledge can be a Dangerous Thing)
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Monthly Archives: February 2008
Imagine what your choices in shopping, or watching TV, or taking vacations, would be if one of your neighbors whom you hardly know could decide who gets to go shopping, who gets to watch TV, and who gets to take a vacation, and when. You wouldn’t feel very free, would you? Especially if that neighbor could order you to jail if you disobeyed his choice. Imagine further that you were dependent on that neighbor who makes decision for your ability to do any of these things, ever at all. It may be that you CAN’T even imagine a world such as I’m describing, because it is so completely antithetical to your relatively autonomous lifestyle now. You get to choose what you do on a day-to-day basis, and you think of that as your right. Well, the government actually regulates us, a lot, and gives certain corporations a lot of power over us, in fact, but the truth is we still have a lot of choices to make. But not so for the lawyers who litigate in court.
It is a fact not readily apparent to laymen or even to private litigants, but lawyers are controlled by the judges who make decisions in court. Part of being a “good” lawyer is to know or make reasonably competent predictions about what judges will do in certain circumstances. That is how a “good” lawyer can help his clients. It is a very limited and restrictive world. And it is a conflict of interest because lawyers are ABSOLUTELY DEPENDENT on the judges who decide their cases. Although, typically, in State Court at least, the admission of lawyers to the bar is not directly dependent upon the decisions of active judges, the admission process is governed by each State’s Supreme Court which designates a “Committee of Bar Examiners” or an “Admissions Committee” which is totally dependent on and controlled by the judiciary. This creates a conflict of interest of vast proportions.
Judges, ideally at least, but also as defined by law, are supposed to be “impartial and detached” third-parties who make decisions in cases in which they have no direct interest or personal stake of any kind. And it is true that MOST judges do maintain enough integrity to avoid cases where they are actually related to the parties in some direct way (that is, they don’t preside over cases involving their relatives, closest friends, corporations in which they are shareholders—although that’s more difficult to perceive sometimes and may be abused much more than is commonly realized), but judges do NOT avoid conflicts of interest when it comes to their relationship with lawyers.
This automaton-like control is most readily apparent in the realm of criminal law, where judges see the same team of criminal lawyers in case after case in a fairly repetitive and formalized fashion. Criminal lawyers are thus the most limited and probably least creative of lawyers precisely because they know exactly how certain judges will react in certain cases and situations, and the criminal process in the United States at least has become mechanical and like an “assembly line” in a factory: a factory of prisoners, most sentenced to very long terms (especially in Federal Court, but increasingly also in State Court). Arrest or prosecution for anything, in the United States, almost automatically equals conviction by guilty plea or at best a very brief and summary trial in which the judge tells the lawyers what to do, tells the jury what to do, and in effect, determines the outcome of the case without much leeway. In the both the State and Federal systems, the coercive plea-bargain system and almost automatic sentencing leads to long prison terms which the judges are happy to impose and the attorneys acquiesce in advising their clients to accept.
The loser here, aside from any and each of the individual defendants, is the concept of “substantial” due process, fair play, and “justice.” So there in the selection of outcomes, the menu is limited, competition is almost non-existent and meaningless, and the lawyers are there to implement the policies which the judges approve.
But what if lawyers did not owe their ability to practice law to judges directly? What if the licensing of attorneys were controlled, say, by the Executive Branch (like the licensing of motor-vehicle operators, perhaps?)? Or what if there were no such thing as a license to discuss and interpret the law, and appear before the Courts—a position which Montana Senator Jerry O’Neil has championed his entire life, and for which Nancy Jo Grant is fighting in Florida, albeit less explicitly and directly?
The First Amendment to the United States Constitution, if you think about it appears to describe the practice of law in all aspects except those directly related to religion: covering the rights to speak, assemble, and petition the government for redress of grievances. A monopoly on the exercise of First Amendment Rights is antithetical to the First Amendment’s guarantee of these freedoms, and yet such a monopoly would appear to be imposed by the “integrated bar” theory of judicial appointment and regulation of lawyers. So judges decide who gets to exercise “full” First Amendment rights, and this means, in essence, that NOBODY gets to exercise “full” First Amendment Rights. This is an intolerable situation.
I’ve only been “out” for a day over two weeks, a fortnight, “una quincena” in Spanish, but I need to go visit Nancy Grant in Sarasota and Arcadia Florida. Nancy Jo Grant is the second of my great allies and supporters while I was in jail (and before and I would sincerely hope and expect, for life). Frankly, I’m going to be “backup” for Nancy on Tuesday because she’s engaging in civil disobedience even weightier and more daring than my own. You see, Nancy Grant contends that her conviction for maintaining a Christ-like Prison ministry in Florida is illegal, void for lack of jurisdiction as well as multiple constitutional violations, and I happen to agree. http://www.nancygrant.info/ The problem is that Nancy was sentenced to an outrageous 15 years probation and a $33,000 fine which DeSoto County apparently needed to cover a county budgetary shortfall. Nancy’s conviction is even a more outrageously “criminal” violation of her rights than my arrest in Los Angeles for contempt of court for failure to appear in a closed civil case. But Nancy is going to be accused of violation of her probation, and willful disregard of a court order. I happen to agree with Nancy that the judgment entered against her was entered in the absolute, complete, and total absence of jurisdiction, so that all the State Court judges who proceed against her are personally liable to Nancy for her actual damages. But it will be a tough fight. Nancy has been there for me during my ordeal and so I plan on being there to stand beside her in case the State decides to make her an even bigger hero than she already is. Nancy’s best chance is that if DeSoto County tries to arrest her, her case and illegal conviction will receive even more publicity than it already has, Nancy will become more famous. In the words of Obi-Wan Kenobi, “strike me down and I will become more powerful than you could ever imagine.” I’m not at all sure that applies to me but I am very sure it applies to Nancy Jo Grant. As Jerry O’Neil and I have discussed, Nancy’s great strength is her purity of purpose, her lack of guile or “sophistication” in the sense of a cynical appraisal of social and political strategy. Nancy is just a true missionary, has just “gone out into the world and preached” to the prisoners of Florida, sending a message of hope, in this world as well as in the next, and the State of Florida, especially Nancy’s native DeSoto County, cannot tolerate this threat to their illegitimate authority. I would ask that everyone pray for Nancy—to give her strength to withstand whatever the State of Florida wants to throw at her. I frankly doubt that the State will dare try to enforce its illegal judgment of conviction against her, but her defiance is so open and direct, that the State will have no choice but to admit its error, and in particular the constitutional violations committed by the DeSoto County Judges, if the State backs down. “These are the times that try men’s souls.” And Nancy Grant has been subjecting herself (and the State of Florida) to the truest modern “trial by ordeal” for many years. The outcome of this battle is going to be one of the most significant events in the early constitutional history of the 21st century.
Notice of Appeal to the Fifth Circuit in New Orleans from Judge Janis Graham Jack’s Finding of Contempt
While I was travelling from Los Angeles to Corpus Christi in and through the black hole of the Federal prison system, a mercifully short trip for me compared to what most people face who are arrested by the U.S. Marshals or F.B.I., one man was there for me every single day—including Christmas and New Years Day. That man was was Montana State Senator Jerry O’Neil of Kalispell and Columbia Falls, Montana. He accepted my collect calls every day (sometimes 2-3 times a day, and collect calls from jail aren’t cheap!) and thereby supplied more psychological support than anyone could ever possibly imagine or calculate. He hasn’t told me how much he paid but it wouldn’t surprise me too much if he paid over $1,200 for as many collect calls as he accepted. Jerry is an amazing guy. He has been fighting the legal establishment in Montana for twenty years now and has served two terms, eight years, in the Montana Senate. The deadline for registering for the U.S. House of Representatives is about a month from now according to the Montana Secretary of State’s website, and I want to see Jerry run for the U.S. House. He is a unique individual, one of the most brilliant insightful legal minds I have known in my life, and I’ve spent a good deal of time around the Harvard and Yale Law Schools, as well as around the University of Chicago where I got my own J.D., and several others around the country as well. Jerry knows what very few people recognize—that the practice of law is governed by an illegitimate monopoly which needs to be brought down—and Jerry is the only person I know who has fought effectively against that monopoly for two decades. I have spent some time with Jerry while he was serving in the Montana Senate (in the winter session 2005) and during a special session last summer. Moreover, I’ve worked with Jerry on his own legal battles on and off for the past three years. I honestly believe that there is NOTHING more important that I could do than encourage others to support him for U.S. House of Representatives, but a statewide campaign, even in Montana, will cost thousands, probably hundreds of thousands, of dollars if it’s to be serious. I want to support Jerry O’Neil and I intend to do so, but he needs the support of every Patriotic American to take the fight against the unconstitutional legal monopoly to Washington. Jerry O’Neil is a man of unparallelled honor and integrity. People in EVERY state would benefit from having a Second Ron Paul in the U.S. House—and Ron Paul may not run for reelection this year since he’s running for President. Jerry O’Neil is, if anything, better qualified than Ron Paul. Everyone who supports the Libertarian/Barry Goldwater brand of Republicanism needs to send money to Jerry O’Neil for U.S. House. Jerry has not yet filed. I will accept contributions earmarked for Jerry O’Neil’s candidacy at the Tierra Limpia Foundation and every penny will go towards the cost of electing this personal and professional hero of mine to office.
Addendum, April 10, 2008: Well, it’s now obvious that Jerry will NOT be running in 2008, missed the filing deadline in spite of all my efforts (apparently Jeannie has her reservations about this project) but I continue personally to hope that Jerry will start campaigning for 2010 as soon as the new Congress is sworn in, in late January 2009. So Please call Jerry and encourage him and promise support as much as you can—it is the best possible investment you can make in the future of this country….Senator Jerry O’Neil, 985 Walsh Road, Columbia Falls, Montana 59912.
I probably need to supplement, give a little by way of context to my first post, 54 Days in Prison Planet (Background to December 9, 2007-February 2, 2008). What do you think of Alex Jones’ (and others) who comment that the world is becoming one gigantic prison? I have to admit, as recently as last October, when I previewed Jones’ latest DVD “Endgame”, I thought his theory was a bit over the top and possibly delusional. But that was before I was arrested in Los Angeles for Contempt of Court after being denied entry into Mexico. The charge of “contempt of court” was leveled against me by the “Honorable Janis Graham Jack”, a U.S. District Judge sitting in Corpus Christi, in and for the Southern District of Texas. Here’s how it happened: Judge Jack sent me an e-mail on Thursday, July 19, 2007, ordering me to appear in Court on Monday, July 23, 2007, in a case over which she herself had ruled that she had no jurisdiction on June 11, 2007. She did not format her e-mail as a summons or subpoena, nor did she have it served on me by Marshals, either in cyberspace or the real world, but by her own courtroom deputy Sondra. I demurred, and refused to appear (I sent her an e-mail back to that effect). I refused to appear because (a) Judge Jack ruled she had no jurisdiction and closed the case as finally as any Federal case could ever be closed, (b) no appeal nor motion for reconsideration could have been taken nor were any such attempts to take one made from her dismissal by me or the plaintiff in the case (my former attorney, a Corpus Christi resident named David A. Sibley), (c) Federal Courts are courts of limited jurisdiction to begin with, and this Federal Court clearly had none of its limited jurisdiction left, (d) without the procedural formality of a summons or subpoena, the case could not be reopened, and (e) there’s normally no duty to appear physically in a civil case anyhow—if you fail to appear in civil case over which a judge has plenary (full, undisputed) jurisdiction, the Judge can enter a default judgment against you, and then the Plaintiff can try to collect the judgment, but in a closed case dismissed for want of jurisdiction? When I failed to appear on July 23, 2007, Judge Jack then used the procedural device common in (active, living) civil cases known as an “Order to Show Cause” which she manufactured out of the whole cloth of her insistence on post-dismissal jurisdiction and ordered me to appear again, this time on September 7, 2007. I continued to object formally to her jurisdiction and now even to her conduct in this case, and still refused to appear for all of the above reasons. On September 10, 2007, Judge Jack issued a warrant for my arrest. I happened to be in Montana at the time and decided to visit some friends in Canada (Calgary, Alberta, and Vancouver, British Columbia) while I attempted to sort things out with Judge Jack, the Fifth Circuit, and others. On December 8, 2007, I was traveling from Vancouver, British Columbia, to Mexico City on Mexicana Airlines Flight 981. When I arrived in Mexico City, I was denied entry into the Country (I own property in Mexico, wrote my doctoral dissertation in Anthropology on Mexican archaeology, and have spent much of my life in Mexico). After a night in the Mexico City airport with others refused landing in Mexico, mostly Central Americans in transit, I was forced on December 9, 2007, to take Mexicana flight 900 to Los Angeles. In Los Angeles, I was arrested by U.S. Marshals on (what I considered and still do consider an utterly and completely illegal) arrest warrant for “Contempt of Court” issued in Corpus Christi, but that background is a separate story.
I was taken first to the Los Angeles Metropolitan Detention Center, a Federal “holding facility” for new arrestees and defendant’s awaiting or during trial, close to the U.S. Courthouse at 312 North Spring Street, where I used to work as a judicial (extern) clerk in the chambers of the Honorable Stephen Reinhardt, United States Court of Appeals for the Ninth Circuit. A Magistrate in Los Angeles said she had never seen anything like the arrest warrant for me. A Federal Public Defender pointed out that there was no affidavit in support of the arrest warrant. The government’s lawyer pointed out that there was no actual, formal, charge of criminal conduct against me (no complaint, no information, no indictment), so that I could not possibly plead guilty or not guilty (which indeed I was never asked to do anywhere). But, the Magistrate Judge denied my application for bail and ordered me detained on the grounds that “a Federal Judge in Texas is really mad at you, and I have to take that into consideration.”
Nel mezzo del cammin di nostra vita, mi ritrovai per una selva oscura, ché la diritta via era smarrita.
It is very difficult to feel more “lost” than to be locked up in jail…the dementors of Azkaban are not just a fantasy of J.K. Rowling’s Harry Potter Books…rather, J.K. Rowling seems to have had an uncannot sense of social and political reality. I don’t know how to explain it, but survival and recovery from the experience is all about evaluating who is at fault—the incarcerated self or the incarcerator? I have pretty much concluded that it is the system, the series of jailers and their apprentices who are at fault, but I don’t want anyone to think that I haven’t considered the contrary.
When you’re trying to sleep at night on an uncomfortable cot with almost no cushion, it is very easy to feel “hated, rejected, and despised of men”…to become or think of oneself as “a man of sorrows and acquainted with grief.” Whoever recognizes these quotes, though, will see where I’m going with this. There is something very powerful about the experience of justice, “Blessed are those who are persecuted for my sake.”
Jesus Christ was not the first revolutionary, but he was perhaps the greatest revolutionary of all times. Few of the right-wing reactionaries who constantly cite Christian values and inspiration as a reason for this, that, or the other oppressive tactic employed or proposed to be employed would like to be held, line-by-line, to Christs’ teachings against oppressors and hypocrites, the wealthy and selfish, whose removal from the Gospels would cut the number of Jesus’ teachings down by about 90%.
It’s really SO hard even to remember that Jesus was, fundamentally, a revolutionary when you hear all the hateful reactionaries claiming to be Christians these days. If the 43rd President of the United States is a Christian, in the spirit of the Gospels, then I am Mickey Mouse.
Anyone who on ANY LEVEL supports or approves of the Bush-Ashcroft-Gonzalez-current Justice Department, the FBI, the Bureau of Prisons, the war on drugs and/or the war on immigration while claiming to be a Christian is a fraud—a hypocrite, a lover of the law of EXACTLY the stripe against whom Jesus Christ preached ceaselessly. It is probably not too much to say that Christ was not only a revolutionary, he was a socialist revolutionary.
Of course, Jesus did not ask either the government of Rome or Judea to strip the rich of their riches—he merely asked people to make a choice—which master to serve, and thereby warned the rich that they were doomed to hell in his and would never enter into his or his Father’s Kingdom so long as they grasped and held onto their wealth.
I confess that I write all this as the product of a rather “WASPSY” background, that I am myself a fairly “WASPSY” fellow from a privileged educational and financial background (mostly Texas and Louisiana with English and German ancestors, at least a couple with titles of nobility). My maternal grandfather was a politically well-connected “captain of industry”, and my paternal grandfather owned farmland spread out to the four corners of the horizon, with borders beyond sight (and although I’ve benefited throughout my life from too much of this wealth, as a Prodigal Son I haven’t hung on to much of it to speak of).
But I also really do write as one who hates drugs and what they do to people, really never touching any of the stuff myself, and as an eight generation American, through some branches of the family tree anyhow, I have no recent personal experience of what it’s like to be an “immigrant” in this country—except that I spent the past two months surrounded by sweet, innocent Mexicans and Central Americans who were among the most viciously oppressed victims of the jail system—they have done nothing wrong except come seeking honest employment (at least the ones I met locked up at any of seven prisons across California, Okalahoma, and Texas).The prison system has very few readily identifiable values, but one of the values is that “waste is good.”
They keep the jails insanely cold, for instance—ALL of them that I “visited” except the last one in Falfurrias, South Texas, where, even in January, it actually DOES get hot. I was told that it is a means of emotional and physical control to keep the prisoners’ passions “on ice.” If so, it is cruel and unusual punishment.
The Bureau of Prisons also loves to inflict selective sleep deprivation. Of course, routinely, the guards wake you up throughout the night counting and recounting to see whether anyone managed to escape (as if it were likely or even remotely possible, especially in the Federal Fortresses). But when you need your brains to be at their best, in jail, the days you’re going to Court—well those are the days when they intensify the sleep deprivation—the guards wake you up at 2:00-4:00 a.m. for hearings that NEVER start before 9:00 a.m. and may (in Los Angeles or Houston) be held only across the street, but even when traveling an hour or so as from Falfurrias to Corpus Christi, there is no need for a six hour (or in my case, 12 hour) lag time between waking up and actually going to Court. But you see, you don’t want your prisoners to be thinking or alert while they’re in court—that would lead to disorder, chaos, and…..God Forbid—a fair adversarial process maybe. They would NEVER allow that.
Everything in jail is “throw away”, including especially but not limited to the inmates, the people, and the lives of the incarcerated. But Jail is a very unsanitary, anti-environment, in which “conservation” is the last thing that could possibly matter. Every inmate is forbidden to keep, accummulate, conserve, or save ANYTHING, and there is no recycling allowed—everything must be routinely thrown away immediately.
And during this election year, it is worth noting that anyone who thinks that the Republicans are better or worse than the Democrats with regard to the past twenty years needs to “bone up” on their history. The Patriot Act (as it came to be called in 2001) was just a series of amendments to the Anti-Terrorism and Effective Death Penalty Act (AEDPA) of 1996, drafted and enacted by Newt Gingerich’s Company of Corporate Minions and signed by Bill Clinton, the wolf in sheep’s clothing who came in as an alternative, rather than a clone, of the civil-liberty hating Republicans of the Bush stripe.
Let me clarify here about my political background (which naturally goes along with what I said about my family background above)—although all my Grandparents grew up as Yellow-Dog Southern Democrats, by the time I came around they were changing party and I was a more-or-less born and bred a Barry Goldwater Republican. I don’t think anyone in my family ever joined, but it seemed like all of their friends were members of the John Birch Society and similar groups. My grandfather was a 33rd Degree Freemason.
I even went to summer camp in Colorado and New Mexico when I was a kid with one of Barry Goldwater’s grandchildren [Ty Ross, who later led Barry to one of his finest moments in later life---standing up against other Republicans of the Moral Majority stripe for the rights of Gays to be treated as Human Beings]. When I was in High School in Los Angeles, I was just about the only fan Governor Reagan had at the Hollywood Professional School (they considered me a wacked out Southern conservative, even though Reagan WAS Governor of California).
Then in my undergraduate years at Tulane I was actually President of College Republicans and founded a Chapter of Young Americans for Freedom. Once I got to graduate school at Harvard, I was again the almost only person I knew who openly admitted voting for Reagan in 1980 (although Reagan DID carry the State of Massachusetts that year).
So I didn’t start off life thinking of myself as a liberal exactly. But life experience is a pretty harsh teacher—and almost immediately, when Reagan took office as President, I got the feeling I was NOT going to be as comfortable with him on the national level as I had been when he was Governor. For one thing, he appointed an anti-environmental lunatic (James Gaius Watt) to the office of Secretary of the Interior and for another, just when I was becoming acutely aware of the dangers of Third-World debt by virtue of living in Mexico during the 1982 nationalization of the banking industry and subsequent inflation/ disastrous devaluation of the peso, Ronald Reagan’s government took the modest Carter-era deficit and turned it into the catastrophic Reagan-era deficit from which this country has never recovered.
On the other hand, I liked President Reagan’s first appointee to the U.S. Supreme Court, Sandra Day O’Connor—she was a protégée of Senator Barry Goldwater. When Jerry Falwell, Chairman of the Moral Majority, questioned Sandra Day’s qualifications to sit on the highest court because she was insufficiently committed to overturning Roe v. Wade, Barry Goldwater responded, appropriately enough, “Jerry Falwell can kiss my ass” on the Senate floor. I’ve really missed Barry Goldwater since he died in 1998. He and Strom Thurmond were two of the finest Americans who ever lived, and neither one of them were anti-American subversives like the Bushes and Clintons have been. In my own recent struggles, I find myself using Sandra Day O’Connor opinions or dissents together with Strom Thurmond’s 1996 Amendments to the Civil Rights Action, 42 U.S.C. Section 1983, as the strongest arguments against governmental oppression and the corruption of the legal system. Another Reagan appointee, Anthony Kennedy, also of the 9th Circuit (from whence Sandra Day O’Connor hailed), has also been one of the great libertarians on the Court. But Antonin Scalia, Reagan’s third appointee, has pretty much only been reliably “libertarian” with regards to the preservation of the power and prerogatives of juries, for he is decidedly authoritarian on all other subjects.
The old Goldwater-Rockefeller rivalry within the Republican Party was often framed as “reactionary conservative vs. progressive liberal”, but few people realize that Nelson Aldrich Rockefeller as Governor of New York started two of the most repressive modern trends in criminal law, namely the War on Drugs, which Rockefeller envisioned and implemented at the state level even before Nixon picked it up in the Federal system. Goldwater was consistently, always, against the expansion of governmental power, including the power of the government to put people in jail. Goldwater’s stance on the War on Drugs and the limitations on governmental power is now a decided minority in the Republican Party, represented ONLY by Congressman Ron Paul of Texas on the national scene.
Possibly even worse for its victims over the short-term than, but closely correlated with, the longer-term effects of the War on Drugs, Governor Rockefeller presided over the first major “mass production” industrial level expansion of the American prison system—New York’s prisons became so over-crowded and inhumane by 1971 that in September a riot broke out at one of the largest and most modern prisons in the state: Attica.The Attica Prison riot occurred at the Attica Correctional Facility in Attica, New York, United States in 1971. The riot was based in part upon prisoners’ demands for better living conditions. Attica inmates took forty-two officers and civilians hostage and aired a list of grievances, demanding their needs be met before their surrender. In a facility designed to hold 1,200 inmates and actually housing 2,225, theirs was a substantial list. They felt that they had been illegally denied certain rights and conditions to which they were entitled, illustrated by such practices as being allowed only one bucket of water for a “shower” per week and one roll of toilet paper per person per month.
On September 9, 1971, responding to rumors of the impending torture of a prisoner, about one thousand of the prison’s approximately 2,200 inmates rioted and seized control of the prison, taking thirty-three guards hostage.
In historical perspective, Attica was a landmark even, but had mixed results. By the time of my own 54 days incarceration in December 9 2007-February 2, 2008, prisoners everywhere could count on at least one roll of toilet paper per week (and usually as much as you needed—if you begged hard enough) and all the facilities I visited had running water—not always hot or very good showers, but showers of a sort nonetheless.
After Attica, on the other hand, jail security measures became much stricter throughout the United States, and Attica garnered support for the increasing repression of the people in that it (almost for the first time) brought Northern (“socially liberal”) supporters of Nelson Aldrich Rockefeller (his middle name “Aldrich” was given after one of his uncles who founded the Federal Reserve System in 1913) and Southern White ”social conservatives” closer together than anyone had ever dreamed possible in supporting increased incarceration and severe punishment for all non-white “criminals” in the Country—Attica’s population was 54% African-American in 1971. Now approximately 54% of the male African-American population between the ages of 15-45 have been incarcerated or on probation for at least six months out of their lives. According to the U.S. Justice Department’s own statistics for the year 2004-2005, around one in ten African American men in their twenties and thirties are CURRENTLY in prison.
And plainly, none of this EVER have happened without the War on Drugs which Governor Nelson Aldrich Rockefeller began, and which Presidents Richard M. Nixon, Ronald Reagan, William Jefferson Clinton, and all Bushes, elder, younger, and Florida governor, have pursued with a vengeance. Clinton’s greatest contribution was to sign the Antiterrorism and Effective Death Penalty Act of 1996.It was this “AEDPA” which first effectively castrated the ancient Writ of Habeas Corpus, the oldest legal remedy against oppression in the Anglo-American system, constituting a key facet of the Magna Carta in 1215.
In fact, all the early (pre-9/11) attempts at “false flag” and domestic terrorism in the United States took place during the Bill Clinton/Janet Reno years. It is disheartening in the extreme, it is deeply disturbing. It is criminal. It is not too much to say that the United States Government would appear to be the largest criminal enterprise in the world at the present time—even exceeding China.
The similarities between prison/incarceration and slavery are well focused through the fact that 1971, the year of Attica, was also the first year of approaches by Nixon’s National Security Advisor (later Secretary of State) Henry Kissinger towards China—and at this time the elder Bush was ambassador to the U.N. and later to China, or perhaps vice-versa—but he was in on the Globalist conspiracy to bridge the gap between the U.S. and China from the beginning.
Let no one be deceived that China became more liberal or open through this process. After 18 years of contact with the U.S., from 1971-1989, China showed the state of its civil rights revolution at Tienanmen Square. During the next 19 years, the U.S. became dependent upon trade with and loans from China—the greatest slavocracy the world has ever known, and the palpably more Maoist than Jeffersonian Bureau of Prisons is ten thousand times more repressive than Tienanmen Square.
And so now I spend my free time, still lost in the dark wood, still wondering how it is that a Goldwater Republican came to be a hater of the Republican Party’s President, Vice-President, and all of their policies. I was brought up in my family to admire members of the aristocracy (both European and American), and in fact to consider myself to be one of the aristocrats, but I now look with devious suspicion on the connection between the Rockefeller Family, the Federal Reserve, the War on Drugs, and the expansion of American Prisons.
Alex Jones’ latest movie “Endgame: Blueprint for Global Enslavement” reflects on all these issues, and given my own life knowledge and experience, I cannot help but belief that it is true: the United States and China have become one—China has given up its ideals of communism and adopted a Gospel of Greed, while the United States has given up its ideals of freedom and adopted a Constitution of Mass Produced Slavery—importing slaves from all over the world to become melted down, not to confer the blessings of freedom, but to guarantee the riches of the oligarchy.
Like the astonishing behavioral, psychological, and even morphological convergence of pigs and human landowners in George Orwell’s Animal Farm, it has become impossible to tell the Chinese Communist Oppressors from the American Capitalist Liberators: they all walk on two legs and flourish from the poverty and labor of the oppressed. In reflecting after 47 years on this Anglo-Chinese world-fusion, it is very difficult to find Serenity…..
54 Days in Prison Planet (December 9, 2007-February 2, 2008)
Since December 9, 2007, I have seen the inside of seven prisons (from the privileged position of an illegal arrestee, not even falsely charged with any genuine crime nor genuinely charged with any fake crime, who knew his time was finite, no matter how long it seemed). For the benefit of any who might doubt where we’re headed in this Country, I just want to share what I have learned: (1) we are no longer free in this Country; (2) the Federal Prisons are the template for a future well-ordered society based on Maoist Chinese principles upgraded to technological perfection; (3) the State and Private Prisons are the product of an earlier, technologically imperfected version or cruder adaptation of Mao’s cultural revolution; (4) there are few if any genuine “criminals” in prison (at least not in the Federal system)—in my 54 days behind bars, during which I met or had conversational contact probably with over 500 fellow-inmates, I met at most one or two people of whom I was even mildly apprehensive, never mind afraid—and I met no genuine criminals, no threats to society, no “bad guys” at all, and (5) the values that are taught in prison are entirely communistic “All Good Flows from the State to the People at the State’s sole, arbitrary and capricious whim” and “Private Property and Private Identity are Forbidden, now and forever.”
Los Angeles Metropolitan Detention Center (“LAMDC”) was my first and most “pleasant” stop in this journey, and this was good because I was held there for 31 days, December 9, 2007-January 10, 2008, my longest stay anywhere. The reason for the long delay was simple: the U.S. Marshals and the Judicial Prison and Alien Transportation Services (“JPATS”) were taking their holiday vacation, and prisoner transfers were not part of the Christmas or New Year’s schedule. That prisoners don’t matter is the first lesson you learn in prison. Prisoners are the justification for the existence of prisons, and prisons are big business, but beyond that, prisoners are merely an unpleasant detail in the life of prison officials, who exist merely to collect their salaries on very cushy government jobs which require very little work—if any. The corollary to this first lesson is that “Prisoners’ rights” don’t really exist—they are a myth. There is no presumption of innocence. This was best illustrated at the two private prisons where I was housed (Geo Correctional Services Karnes County in Karnes City, Texas, and Louisiana Correctional Services’ Brooks County Detention Center in Falfurrias, Texas, inmates are referred to as “offenders” in all the prison-life and instructional handbooks). A couple of old U.S. Supreme Court cases used to say that a prisoner “does not check his rights at the jail-house door,” but that was in the 1960s or ‘70s and this is now.
Prisoners who have been in a long time are brainwashed into believing that the system is good for them. That was perhaps the saddest lesson, and one of the aspects of the experience which convinced me of the “real educational” purpose of incarceration. Prisoners come to believe that they were a threat to themselves and society (no matter how “innocent” the facts are in their cases) and that there is no such thing as “real” innocence in any event—they are all guilty of something, so they might as well be convicted and sentenced for things that they did as well as things that they didn’t, and they have all benefited from the prison experience. For my part, I reviewed over a hundred cases and found none that contained evidence of crimes that were anywhere as appalling as the conditions in jail.
At the “LAMDC”, I was very fortunate to be housed in Unit 7N, which was presided over by one long-term prisoner named Moshe (from Israel), who was the closest thing to a “Jewish Godfather” that anyone could imagine. This kind, wonderful fellow worked as a jail “orderly” (what’s called a “Trustee” in the Texas State System). He took a personal interest in every inmate in Unit 7N, and did everything he could to make everyone feel “at home”—since after a couple of years, prison IS home to many people, and most of the inmates in 7N, although housed in this “temporary holding” facility, had in fact been locked up for years—awaiting trial or appeal or to serve as witnesses for others. Moshe (whose case was already on the last stages of post-appeal collateral attack) and his closest friend and associate Clarence (a black fellow from Belize, who was locked up waiting, waiting, waiting for trial) were together the most “senior” inmates and all I can say is that I would have been honored to have made their acquaintance anywhere in the world, outside jail, but I felt especially honored and privileged to make their acquaintance “inside.”
Moshe’s case, in particular, I studied with relish, because it concerned the field of securities fraud, in which I have quite a bit of background since law school, and I came to the conclusion that he was absolutely, positively innocent of any of the crimes charged, which was very sad because his 20 year sentence had been upheld and his initial collateral attack been denied by the judge who sentenced him, despite ample grounds for reversal. I have promised Moshe I will do everything in my power to procure his exoneration and release, no matter how long it takes. From Los Angeles Metropolitan Detention Center, I was transferred by “Con Air” in chains to the Oklahoma City Transfer Center, where I spent a week. That was the coldest, most plainly Maoist, and therefore most frightening place of all. Prisoners were “chained in” and “chained out” and so there was not even the possibility of a fragile community which existed at LAMDC. Los Angeles and Oklahoma City were not just architecturally cold and sterile, they were physically cold. I complained bitterly but it was explained to me several times (with a completely straight face) that it was necessary to make the jails extra cold to calm the hot blood and tempers of the inhabitants, and to make sure that they stayed under cover and slept especially at night and during the repetitive lockdowns and count, which in all Federal Detention Centers apparently happens 3-4 times daily. The OKC Transfer Center was much harsher than the LAMDC, but it was also more crowded, and so after a couple of “Con Air” jets were grounded due to lack of maintenance (which delayed my departure back to Texas), I was transferred to a Federally Rented State Facility Called “Grady County Jail” in Oklahoma, which was like a bad movie in many ways: the prisoners all dressed in black and white zebra stripes, the guards illiterate, unable to count and constantly confused, and no one caring a hoot about anyone.
It was in Grady that I met one of the saddest cases—a Purple Heart Decorated Veteran of the Iraqi war who was arrested for owning a private firearm. He was a bona fide war hero (whatever you think of the war in Iraq, he was a man of obvious incredible bravery, perseverance, and fortitude, having been severely injured but continued in the line of duty….until his arrest). He was the fourth generation in his family in the U.S. armed forces, jailed because he kept his father’s and grandfather’s guns and hadn’t “registered” them properly—I wish I knew more “criminals” like him, we all do.
Another inmate whom I will never forget, and whose friendship I hope to maintain throughout my life, was named Vance and he was not only not a criminal, he was a crime-fighter, who was involved in the solution of several murders in Los Angeles. He and I were arrested on the same day and brought before the same Magistrate Judge on December 10. Like Moshe, he was a kind and generous person who did everything he could to make life in prison bearable for those less fortunate than him. He also had an incredible personality and sense of humor—and I think only the truly strongest of individuals can maintain a sense of humor in jail. I got to know Vance best in the Grady County Jail and our subsequent trip to Texas—but Vance was most notable to others by buying huge amounts of “commissary”—the overpriced luxuries which can be bought (although they must be rapidly consumed or they will be thrown away) to alleviate the evil dullness of incarcerated life. Grady County Jail was a comedy—if it weren’t so awful. There 24 men with a single toilet and shower between them at one point, but it never went lower than 16.
From Grady County we were “chained” by bus to Texas—first to a hell-hole called Montgomery County where I witnessed the first physical abuse by guards of inmates I had seen (it is apparently VERY common in Texas, although it was rumored in Grady County, Oklahoma). From Montgomery County we went to the Houston Detention Center and then to Karnes County and then finally to the Brooks County Detention Center, where I spent my last week before the 30 minute hearing which led to my release without fine or probation. Brooks County was an alien detention facility filled with the nicest, sweetest, gentlest people I met in my experience. They were all or almost all illegal aliens or “coyotes”.
I speak Spanish so I could get to know them, and I did, although there were 48 of us together in that room (6 toilets, all in full view of all 48 inmates or “offenders”). This was the final stop on my journey through “the Twilight Zone.” The Dementors are not merely the guards of Azkaban—they are the guards of every prison in the United States. I have spent the past 12 years, more-or-less continuously, fighting for civil rights in the United States.
I have established a Trust, Tierra Limpia, to sponsor the war against oppression in my homeland, which needs neither protection nor security from any threat except that posed by its own government. Those of us who thought, in the early 1970s, that contact with Communist China was more likely to infect our system than to correct the lifestyle of the imprisoned world were correct. Everything in prison is made in China, including the style and manner of oppression and “re-education.” Tierra Limpia foundation stands against all of that. Contributions to Tierra Limpia would be very much appreciated, especially since the operations were suspended during my incarceration.
Such contributions are not tax-deductible because we have neither sought the protection nor offered ourselves in servitude to the IRS by declaring or applying for tax-exempt status, but we ask for your assistance in fighting the system, and can be sent to: CHARLES LINCOLN TRUST FOR TIERRA LIMPIA at 1250 South Pinellas Avenue, #206, Tarpon Springs, Florida 34689; email@example.com. You can also call or fax CEL III directly at Telephone 727-234-1112 or Facsimile: 727-940-4473.