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Time to Abolish FDR’s “New Deal” Thanksgiving? (Only Hallmark Cards and Turkey Farmers would really object)

Originally Published on: Nov 25, 2011 @ 0:59

In the August 1942 Paramount movie, “Holiday Inn”, Bing Crosby’s character Jim is at his absolute low point of the year at Thanksgiving.  I completely concur.  Not even Irving Berlin could write a memorable song about this holiday, and now that I think about it, I know of no Thanksgiving songs at all—I suppose no one can really sing when stuffed to the gills with Turkey.  Eucharistic hymns of Thanksgiving in Church, to be sure, are songs of Thanksgiving, but not AMERICAN (United States Holiday) Thanksgiving.

As it happens, in 1942, Thanksgiving had just been set by Franklin D. Roosevelt on its modern date by proclamation signed on November 26, 1941, a little over a week before Pearl Harbor (the attack on which Roosevelt may well have been planning and of whose imminent occurrence evidence now shows, at the very least, Roosevelt to have been perfectly well informed and aware).

So THIS YEAR 2o12 is the 71st Anniversary of the “New Deal” Thanksgiving, and I think it’s high time to wipe this wretched artificial off the Calendar entirely.  The general concept of Thanksgiving may go back to George Washington, the Continental Congress, and the Pilgrims in 1621 some historically esoteric and metaphysical senses, but the Pilgrim association itself is one of English treachery.  How few Americans on Thanksgiving Day recall King Philip’s (the Wampanoag Grand Sachem Metacom’s) War of 1675-1676) and the resulting Genocide of the Wampanoag Tribe celebrated in that First Fabled William Bradford Thanksgiving in 1621. The Wampanoag was the Nation of Squanto and Massasoit who did so much to facilitate English Colonization “New England.”  All other subsequent associations, and the very timing of the holiday, are an insult to deeper values, including not just 500 years of Native American subjugation and genocide but the subjugation and (near) genocide of the American South, and the progressive secularization of the United States from a Christian into a purely materialist and grotesquely indulgent and commercial nation, culture, and society.

It had been not until 1863, four days after the Gettysburg Address, when President Abraham Lincoln declared Thanksgiving to fall on the last Thursday of November, that the modern holiday was celebrated “nationally” (meaning, of course, in the Northern States).  With a few deviations, Lincoln’s precedent was followed annually by every subsequent president–until 1939. In 1939, Franklin D. Roosevelt departed from tradition by declaring November 23, the next to last Thursday that year, as Thanksgiving Day. Considerable controversy surrounded this deviation, and some Americans refused to honor Roosevelt’s declaration. For the next two years, Roosevelt repeated the unpopular proclamation, but on November 26, 1941, he admitted his mistake and signed a bill into law officially making the fourth Thursday in November the national holiday of Thanksgiving Day.  Supposedly, Roosevelt had considered making Thanksgiving earlier in November but this was “booed down.”

Once it’s all over, and the sales of Alka-Selzer and Gaviscon at the all-night pharmacies have gone sky high, and are guaranteed to remain there during the consumption of leftovers for the next week: someone else needs to second the motion and go on record as saying that of all our American Holidays, Thanksgiving is the absolute worst. Thanksgiving not only epitomizes but stands as a worldwide symbol of corruption, oppression, gluttonous commercialism, materialist secularism, arrogant conquest, and a general depravity of state of mind.  “Thanksgiving” as celebrated in this Country obscures our heritage and confuses our history, celebrates the absolute worst in the human soul, and was created in relationship and in lock-step with two key wars leading to the abolition of freedom and the constitution, and the coincidental economic centralization and falsification which took place during those wars, namely the War Between the States and World War II.  

Thanksgiving isn’t so bad for me.  I have a wonderful dinner with a wonderfully energetic young blonde overlooking the Pacific planned in Santa Monica, and next week I go to Hawaii.  

But I wonder what Thanksgiving is like this year for those several million Americans who were either  recently or earlier this year, or even last year, evicted from their homes.  I wonder how Thanksgiving is like this year for the millions more among those who are facing foreclosure and eviction who have no hope, no certainty that they will still be in their homes next year.  

It is time to get back to that “Old Time Religion” of Truth and Honesty and Virtue—and the Fourth Thursday of November Thanksgiving we have celebrated since 1941, or 1863, depending on which starting date you want to call “the beginning” is nothing but an accursed day of the Calendar.

Proclaimed and first set as a National Holiday by President Abraham Lincoln only fours days after the elegant but totally fraudulent, duplicitous rhetoric of the “Gettysburg Address”, meant to disguise his true Marxist purposes in going to war with the “better half” of the nation for the primary benefit of a few industrial oligarchs up north, and for the ultimate purpose of subverting the original American Constitution, Thanksgiving has become a source of degradation to three sets of “Native Americans”: those descended from the First Inhabitants of these Western Hemisphere Continents we call North and South America (aka “The Indians”) and those who fought to preserve the Constitution of 1787 against usurpation in 1861-65, and to all Traditional Christians who would celebrate Adventide as a proper time of fasting.  

I wonder how many people (black or white) in Richmond, Charleston, Columbia, Atlanta, Memphis, Natchez, Vicksburg, or Savannah were stuffed to the gills after great feasts on the final Thursday in November 1865-1875?  I wonder how many Americans (northern or southern) felt Thankful to live in America in November of 1876, when the sitting President, Ulysses S. Grant, had announced that the man who received the majority of the popular and electoral vote, Governor Samuel J. Tilden of New York, would never be allowed to enter the White House without a renewal of open warfare between the States.  

That same year, 1876, I wonder how many Sioux Lakota, Northern Cheyenne, and Arapaho warriors knew by late November 1876 that their victory over Presidential Aspirant George Armstrong Custer at Little Bighorn, June 24-25, 1876, had been turned into a rallying cry for the Republicans who needed a major distraction from the misery of post-“Civil War” Reconstruction America, and turned Sitting Bull and Crazy Horse into the scapegoats or major distraction for their own tyranny and failures back east.   Never did any victory have more devastating consequences for any race of people than the Battle of the Little Bighorn had for the Native Americans.  The remnant of that same coalition that defeated Custer was effectively wiped out within 15 years.  And what did November 1891, the first Thanksgiving after the Massacre at Wounded Knee, feel like in the Sioux Reservation in South Dakota, where the relatives of the murdered Sitting Bull and the descendants of Crazy horse were being either forcibly educated or trained for Buffalo Bill’s Wild West Show?  

To my grandparents growing up in Louisiana and Texas, there was no “Thanksgiving” in the early 20th Century because it was the enemy’s holiday.   The current setting of the Federal Holiday of Thanksgiving was not set until 1941—just as certain “insiders” in the government may have been planning for the Japanese attack on Pearl Harbor to force the United States into World War II.  

After eight years of the New Deal, in 1941, the Country was being reshaped, and Thanksgiving was part of its reshaping.  Thanksgiving chronically conflicts with and distracts from the beginning of Advent (almost always the final Sunday of November) and from St. Andrew’s Day, November 30—Saint Andrew being not only one of the 12 Apostles but the Patron Saint of Scotland, Greece, (the ancient “Second Rome” known as) Constantinople, Russia, and Romania among other places—and the Cross of Saint Andrew being the central element of the flags of Alabama, Florida, and the Confederate States of America.  

What’s worse than anything about Thanksgiving is the day after, “Black Friday”, the Macy’s day parade and the gunshot “sooner” start of the race to maximize the secularization and commercialism of the pre-Christmas Season.  Thanksgiving has become part of the Federal Government’s conspiracy to abolish religion in America; the Federal Holiday is thoroughly despicable as an attack and infringement St. Andrew’s Day and Adventide and so on the Christmas Season, the Scottish and Greek Heritage of Western Civilization, and the real meaning of all of these things.

To traditional Christians all over the world, the Season of Advent is a “Little Lent” as my mother called it—the second longest “purple time” at Church in the entire year.  How many people remember to buy Advent Calendars or to keep the solemnity of Mary’s time before giving birth?  No, the grotesque overeating of Thanksgiving followed by the mad orgiastic commercial rush to shop for Christmas presents is a creature of the past 70 years only, fed by Television and contributing to the general secularization of America.  It is a very sad thing.   To my mind, Thanksgiving as celebrated in the United States of America is an insult and a curse to all that is holy, whether one is a Native American of “First American” origins… a Native American of “Southern Anglo” origins, or a Christian with origins anywhere in the world.  Luckily, the personality of “Scrooge” will forever be associated with Christmas, but I say “BAH HUMBUG!” to Thanksgiving.  It is time to do away with Thanksgiving as invented by the 16th and 32nd Presidents (did you ever notice that the 32nd President was Twice as bad as the 16th, but continued all the same basis processes and policies?)???  

Obama, if legitimately he belongs in the “King List” at all, is the 44th President, but maybe by the time of the 48th President *(3 x 16), there will be a recovery in America, a REAL and GENUINE “NEW BIRTH OF FREEDOM” which will truthfully realize the promise of the RHETORIC of the Gettysburg Address by wiping out the centralized banks, income tax, and other institutional baggage of the 16th and restoring the Constitution of 1787, and the Bill of Rights.

Much like the Gettysburg Address, the 13th, 14th, and 15th Amendments contain only noble sentiments, but have been misused and wrongly applied to destroy rather than guarantee Freedom and Equality.  I have often commented that the greatest irony of all is that the modern “Prison Planet” state of existence in America owes its origins to the 13th Amendment, wherein “slavery and involuntary servitude” are abolished “except as a punishment for crime.”  They started building prisons during the war of 1861-1865, and the “criminal justice industry” has been growing by leaps and bounds ever since.  I say to the American People: “let’s tear down the prison walls.”  

But even worse than the perversion of the 13th Amendment and most pernicious of all of these perversions is the use that has been made of the 14th Amendment: turn the quest for equality of a perpetual war of all against all in the United States, guaranteeing that equality will only ever be achieved once we are all perfectly enslaved……  

This is one of those points where I think the “right” meets the “left”—Thanksgiving is a testimonial to the corruption of all that is good.  I want to thank Dr. John Hoopes of the Department of Anthropology at the University of Kansas (“ku.edu”) a co-author of papers on the Early Classic Period in the Maya Lowlands from our Harvard Graduate Seminar Days with Gordon R. Willey for pointing out to me how close my position is to that of the “AdBusters” group which sponsored “Occupy Wall-Street” (which I confess I have mostly just been ignoring).   They call it “Buy Nothing Day” and it’s been going on for 20 years (originally organized in Mexico City and Vancouver, two of my favorite places):

http://www.adbusters.org/campaigns/bnd

The Thanksgiving of 2009, after I had just lost my two primary residences, homes in Texas and California, within several months of each other, I spent in a seaside suite in San Clemente overlooking the Pacific with my son Charlie and my assistant Peyton.  But not everyone has that kind of luck in life.  I am Thankful to say this and every day that I have led something of a charmed life.  And for that reason, and because it is customary, I always wish everyone a Happy Thanksgiving.  But “enough is enough”.  This custom has got to stop.    Thanksgiving is like a gigantic perversion of the Calendar year, a gigantic dead skunk in the road of life every year in the same place—it is way too late in the year to be a Harvest Celebration except in places like Southern Florida and Southern Texas where winter crops can be planted and harvested.  

I personally live to fight for “corny old values” like Truth, Justice, and the American Way, for Family, Home, and Freedom, and to add one Senator for the Bill of Rights and against Indefinite Detention, against the PATRIOT ACT, and against the use of United States Troops in this Country against its own citizens.  

I give Thanks for the Beauty of the Earth, for the Splendor of the Skies, and for the Love which from our Birth, over and around us lies.  

But I do not give thanks for the election, re-election or even the existence of Barack Hussein Obama or the 93 Senators who voted for the NDAA this time last year—almost all of them (of those up for re-election) were reelected, including California’s own despicable hypocrite Dianne Feinstein, and there are some new Senators who would surely vote the same easy “pro-administration” way.

I do not give thanks that we live in a corporate-communist country where the boundary between corporate entities and the government is blurred beyond recognition in the unconstitutional “phony money” Federal Reserve Credit-Note economy.

Florida Judiciary—A Copyrighted Survey for use in fighting Mortgage Foreclosure Corruption—What do you know about your Court System? How Hungry are the American People for Justice?

There is no such thing as the silent exercise of your right to speak freely and share your opinion about the world you live in—effective silent protest occurs only in dreams….  We all dream of a better world, but we must speak out loud and SHOUT to make it into a demand, to make it happen…. Dreaming is free, but if we dream of freedom….especially in this, post-New Deal, New Dark Age for America…. that will cost us—what I ask of you today is just a few minutes of your time…  It’s time to make our anger “Catch Fire”…..and that can only happen if we all speak our discontent loudly and often….until there real change happens…. Nothing about modern America is more deplorable than the state of the judiciary and the courts…..

The fabulous hit movie this Spring, the Hunger Games, was a clarion call to the American People to WAKE UP BEFORE IT’S TOO LATE—even if it already is  in some easy ways “too late”, because so much damage has already been done.  Suzanne Collins has showed us the bleak future that awaits all of us if we are calm, cool, and quiescent about the terrible corruption that has taken charge of the American Dream, of Democracy, of (the mere word and illusion of) Freedom, of the Financial Establishment, of the Government, of everything that ever was or could be important to us: our family, our homes, and our future.   My primary focus for the past twenty five years has been on the Judiciary, 21 of those past years specifically involved in projects in Florida.  So I invite you to help me, and several million other people, out here: GIVE US YOUR OPINIONS, WITH YOUR NAME, AND STAND UP AND BE COUNTED, AND READY TO TESTIFY IF WE ARE EVEN ALLOWED TO PUT ON THIS TESTIMONY (as we should be):

Florida: 06-06-2012 DECLARATION CONCERNING JUDICIAL HABITS

Rule 406 of the Federal Rules of Evidence allows specific evidence of habit and routine practice to be admitted in Court.

Carrie Luft is seeking to overturn a Final Judicial Decree which was upheld on appeal in Florida.  The only way to reopen the case is the prove judicial corruption.  Wrongful foreclosure and fraudulent claims to standing, after a case is final, can only be proved if the system itself is indictable, if there is demonstrable systematic fraud on the Court—if the system is “broken,” if the judges are either “bought and paid for” or coerced into thinking in conformity with the Banks’ position.  All of these things have to be proved as a conspiracy to defraud and impose uniform outcomes on foreclosure cases.  It is a ONE THEORY, ONE SHOT, deal, although everyone who has been a victim can and could try (and I wish they would).
To prove this systemic corruption, which many people suspect, we need to gather EVERYONE who has been a victim together in one place, and that place is going to be reserved and formed through the complaint we are preparing in Carrie’s case.  If we fail, Carrie has no chance to regain her home, but I have already taken a blood oath that I will never stop until I have figured out a way to restore judicial integrity and moral honor to the judicial system in which I quite literally started my legal career, and of which I once dreamed of being an integral part.  Carrie is the first person I know who has accepted the challenge of doing everything that is necessary to try to take on the system.  Carrie literally has only this one option: prove that the system if “fixed”, broken, and corrupt.  I ask you, everyone who receives this survey:
IF YOU HAVE ANY EXPERIENCE WITH THE COURTS OF FLORIDA AT ALL, PLEASE COMPLETE THIS SURVEY, SIGN IT, SCAN IT and either E-MAIL IT BACK TO THIS ADDRESS: lincoln_for_california@rocketmail.com OR RETURN IT BY REGULAR MAIL TO
Peyton Yates Freiman, Tierra Limpia Trust/ Deo Vindice Foundation at:
603 Elmwood Place, #6 
Austin, Texas 78705
And if you have further or additional direct or circumstantial evidence of judicial corruption in Florida, how it is done and how does it, please write a letter about that as well.  We are looking to prove habits and routine practices of Judges according to Rule 406 of the Federal Rules of Evidence.  

06-06-2012 DECLARATION CONCERNING JUDICIAL HABITS

If you have any experience at all with the Florida Judicial System, especially if you have any experience with any mortgage or foreclosure related incidents, we need your opinion here…. Copyright to the survey itself, and to all material received will belong to Tierra Limpia Trust/Deo Vindice Foundation, Charles Edward Lincoln, III, Founder & President, Peyton Yates Freiman Trustee.

Please return all hard copies to:

Peyton Yates Freiman 603 Elmwood Place, Suite 6, Austin, Texas 78705.

If there were no minimum wage in the United States, how low would wages go?

Revisiting a topic I’ve discussed on this blog before, there was a new article on UK Yahoo, much to my surprise:

http://uk.finance.yahoo.com/news/should-we-scrap-the-minimum-wage.html

If there were no minimum wage in the United States, how low would wages go?  Would inflation come to an end?  How far might price deflation go?   Would outsourcing of American jobs stop immediately?  Would the power of labor unions increase or decrease (assuming freedom of contract and freedom to strike were preserved as a matter of constitutional right)?  Would anyone ever bother to immigrate illegally into the United States again? 

According to Wikipedia, “Many countries, such as NorwaySwedenFinlandDenmarkSwitzerlandGermanyAustriaItaly, and Cyprus have no minimum wage laws, but rely on employer groups and trade unions to set minimum earnings through collective bargaining.”  Is it coincidental that these are some of the countries with the highest standards of living in the world?  Higher than the standard in the United States?

The minimum wage was instituted in the United States as a matter of Federal Law in 1938, five years into Franklin D. Roosevelt’s New Deal.  Richard M. Nixon tried to impose “wage and price controls” as an antidote to inflation in 1971-72.  Nixon’s program was an unmitigated disaster and has not been repeated, but because of the mythology that the minimum wage guarantees a “living wage”, the Federal Minimum Wage is updated every few years.  It is an absurdity that one of the causes of inflation is automatically adjusted upwards to inflation.

My position is that government regulations such as the minimum wage stoke inflationary fires and provide no real security to anyone.  If elected to the United States Senate, I would propose a repeal of the Federal Minimum Wage and add a statutory clarification that any state-imposed minimum wage would constitute an unconstitutional infringement on the rights and obligations of contract, an infringement on Freedom of Association and Freedom of Speech, and a taking of liberty without due process of law.  

Let’s try to bring America in line with the most prosperous nations of Europe—ABOLISH THE MINIMUM WAGE!  MAKE AMERICA COMPETITIVE AGAIN!  Require EXCELLENCE in PRODUCTIVITY before automatic rewards.  

Oh, by the way, adjusted for inflation and currency, the average worker’s wages in Austria, Germany, Denmark, Sweden, and Finland, at least (countries with which I have some familiarity and have studied recently) have higher EFFECTIVE wages and lower rates of inflation than the United States of America.  Finland supposedly has the finest education system in the world.  America’s public educational system is a nightmare failure and should probably be abolished all together as one of the first and principal failures of governmental compulsory “welfare” laws.

Unintended Meanings of the Greek Golden Dawn: DEATH TO THE EURO! LONG LIVE THE GOLD STANDARD?

The worldwide windstorm over the slight electoral rise of a Patriotic Right-Wing party over the normally placid Aegean and Ionian Seas surrounding Greece was totally predictable.  Wow, to think that more than 7% of the population of the oldest still recognizable culture in Europe would take serious pride in that heritage.  The thread of continuity between Ancient and Modern Greece is in some ways tenuous, but still recognizable as a single ethnic tradition dating back well into the second millennium before Christ.  In no way can it be said that any other nation of Europe, even Italy, can trace its culture quite so continuously and directly from the dawn of the Bronze Age through the present, with a continuous language and alphabet, even if religion and all other mores have changed in pace with the rest of the continent.

And even the “surprising” showing of the Golden Dawn in the late Greek Election (which failed to form a government) still falls way short of Marine Le Pen’s 19% with the Front National in France, but way ahead of the catastrophic (near) collapse of the BNP and UKIP on the Patriotic (Identity) Right of British Politics, and far stronger than the NPD in any but the poorest sectors of (the former) East Germany.   And then of course, there simply is no genuinely patriotic political party of any significance whatsoever in the United States.  Sic Transit Gloria Mundi.

In reading about the Golden Dawn, I see no references to real “Classical Liberal” Economics (all the critics are too busy trying to associate “Golden Dawn” with National Socialism, which of course has very little either “liberal” or “Classical” about it, but has, really and truly, never been successful in any nation on earth except, ironically enough, Israel…..  

But the other constant theme in the new about the Greek Elections is the possible withdrawal of Greece from the “Euro-Zone”—which, naturally, I totally favor.  I favor in fact the total collapse of the “Euro” Zone and the restoration of fiscal sovereignty to every country, even to Germany which relishes it’s dominant position atop the “Euro” heap.  I say: “Francs for the French and Walloons, Lire for the Italians, Mark für die Deutsche Volk, Guildern for the Dutch, Schillings for the Austrians, Pesetas for the Spanish” and….. the oldest of all of these currencies, to be sure: DRACHMAE for the GREEKS.  I would love to see a collapse of all the international banks of Europe—what would people do?  I suppose they would just have to learn to garden again, grow their own food, how to build and repair their own houses again, in short, how to be self-sufficient and engage (barter) in mutual substantive economic assistance instead of mere formalistic exchange of worthless and meaningless central-bank notes.  What would be so horrible about that?  The “Brave New World” advocates all say we are heading towards a cashless society anyhow—well, I can envision a cashless society.  Historically they have existed: Our word “pecuniary” comes from the Latin “pecus” for cattle—the most solid and useful of all ancient currencies was surely the pan-Indo-European measure of wealth in head of cattle—it is a kind of value everyone from the Russian plains where the earliest Indo-Europeans built their Kurgans to the field of Celtic Ireland (before and after Saint Patrick), the earliest Italians, and Germans, and even the earliest Persians and Vedic Hindus…  Marvin Harris in Cows, Pigs, Wars, & Witches taught many generations of freshman anthropology students that the Hindu prohibition on killing cattle was in essence ecologically sound and practical….if a little bit disgusting and unclean to the Western sentimentality…

So as much as I cheer the rise of the Golden Dawn, I hope that its Greek supporters will infuse new meaning into those words GOLDEN DAWN: BANISH the EURO, BURY the BANKS, let there be a NEW BIRTH OF FREEDOM in EUROPE, and un vrai Renaissance d’orun verdadero renacimiento del pro.  

Of course, a Gold Standard is never really and truly a “standalone” monetary system.  Gold may be used for more abstract, “sovereign” media of exchange, but the people will always barter and exchange useful substances meat, computers, cattle and corn (corn in the old sense of “seed”, could be wheat, millet, oats, or sorghum, not necessarily Zea Mays L.).  Heavens: what if people had to learn how to put together their own circuit boards?  The “Communist” Chinese might have to set free their millions of high-tech world-worker slaves, and what would become of the world then?

I hope and pray that, whoever the Greek people elect, it will not be the Mitt-Romney-clone Nea Demokratia conformists.  I think that the Golden Dawn of Greece should bring Death to the Euro, but life to the Gold Standard, Death to Central Banks, but Life to the Economic Freedom of the People, and a Death to the “Shake and Bake” culture of Globalism, and Life to the traditional and autonomous culture of Greece.

One mystery remains in my mind concerning “the Golden Dawn” and it is entirely etymological.  Back in my halcyon days of studying Classical Languages and Anthropology, I remember fondly reading Homer’s famous often repeated poetic formula or phrase eos rhododactylos (“rosy fingered dawn”).  It is from “eos” as dawn, of course that we get the Eocene, Eolithic and other periods of history using this same word for Dawn.

But the Golden Dawn in Greek today is Chrysi Avgi, and I find this horribly irritating because Avgolemono (egg lemon) soup is one of my favorite Greek appetizers. Avgi should mean “eggs”—I will have to explore the Indo-European root situation more closely, but the Av root of modern Greek “Dawn” looks suspiciously like the root for “Aurora” (Latin “Dawn”).  Could there be some semantic-symbolic-psycho-etymological resonance between “Dawn” and “Egg” as beginnings?  Golden Eggs, of course, constitute, in comparative mythology, a whole different class of Jungian archetypes from Golden Dawns….  

But I still think that we should take note: Greece, in some ways, is the geographical center point of the culture which was the “Mother Goose” that laid the first Golden Eggs at the Dawn of European culture….I hope that Political Correctness will not kill this “Golden Egg” of a Patriotic Movement in far Southeastern Europe which so terrifies the Bankers of the West, from Banco Santander in Spain to the Bank of England’s home office on Threadneedle Street in London…

A Historical Perspective on Foreclosure Rates: 1,000 per day in 1933 vs. 10,000 per day in 2010

A TSUNAMI OF MORTGAGE FORECLOSURE & EVICTION

A wave of bank foreclosures and evictions has shaken the stability of the people of the United States of America from coast-to-coast in a manner without historical precedent.  While certain urban areas may have suffered higher rates during the great depression of the 1930s, one source reports that the foreclosure rate peaked in 1933 at 1000 homes going into foreclosure every day, nationwide[1].  A separate source reports that in the last quarter of 2010 there were 800,000 foreclosures filed in the Fourth Quarter alone[2].  One not educated in higher mathematics, Boolean algebra or statistics cannot easily calculate or articulate in meaningful terms what the difference between 1000 per day in 1933 and 800,000 per quarter in 2010 would be (although the 2010 figure appears to approach 10,000 per day), but one can fairly say that a disaster of tidal wave proportions grips this country by the throat and every class of society is equally affected except for the very richest of the richest, only perhaps the top half of the top 1% of the population can rest truly safe.


[1] http://homeguides.sfgate.com/historical-rate-mortgage-foreclosures-8868.html:

Depression-Era Information

A 2008 article by David C. Wheelock, an economist at the Federal Reserve Bank of St. Louis, cited annual reports issued by the Federal Home Loan Bank Board during the 1930s. These reports reveal that the foreclosure rate exceeded 1 percent from 1931 until 1935. At the worst point in the Depression-era economic crisis, in 1933, about 1,000 home loans were being placed in foreclosure by banks every day.

(Website quoted as of on-line report available and consulted January 29, 2012).

[2] http://www.housingwire.com/2011/01/12/foreclosures-reach-record-high-in-2010-realtytrac:

Daren Blomquist, who edits the RealtyTrac monthly reports, said the record set in 2010 will not last for long.

“We don’t think we’ve peaked yet nationwide,” Blomquist told HousingWire. “We’re expecting the 2011 numbers to be slightly higher than 2010, and then start the downward trend toward ‘normalcy’ in 2012.”

Saccacio said foreclosure filings would have been higher in 2010 “had it not been for the fourth quarter drop in foreclosure activity — triggered primarily by the continuing controversy surrounding foreclosure documentation and procedures that prompted many major lenders to temporarily halt some foreclosure proceedings.”

The final quarter of 2010 had the lowest total since the fourth quarter of 2008. Lenders filed slightly fewer than 800,000 foreclosure cases in the fourth quarter, down 8% from a year ago and down 14% from the previous period.

In December, filings dropped 26% from a year ago and 2% from the previous month. Lenders ramped up repossessions, REO, for the month by 4%, led by a 71% monthly increase in Nevada to 3,022 repossessions. However, Nevada REO was still down 24% from a year ago.

Overall, Nevada had the highest foreclosure rate for the fourth consecutive year. There, one in 11 homes received a filing in 2010 despite a 5% decrease in activity from 2009. Filings did ramp up 18% in December from the previous month and were up 14% from December 2009.

Arizona followed with the second highest rate. One in 17 homes there received a filing. Florida, one in 18, was third.

But Blomquist warned more foreclosures could be in store even for those markets that many believe are peaking now.

“There are some states and metro areas where it appears the numbers may have technically peaked, areas of California like Stockton are good examples,” Blomquist said, “but foreclosures are still pretty high in most of those areas and there is still risk that we could see some foreclosure aftershocks hitting those markets in 2011.”

(Website quoted as of on-line report available and consulted on January 29, 2012).

John Michele Fanuzzi & Norah Bawn Fanuzzi 01-31-2012 NOTICE OF OPPOSITION TO REMAND AND BRIEF IN SUPPORT OF REMOVAL TO US DISTRICT COURT

The Death & Destruction of Private Property in the USA: why are we so complacent?

The Christmas Season in the history-conscious Texas-Louisiana family where I grew up always ended with January 8, Battle of New Orleans Day.  I suppose this day was as important to the 19th Century South as 9-11 is to the World of the 21st Century… albeit it was a Patriotic Day of much greater optimism and affirmation of liberty than pessimism and fear of phantoms.

What amazes me at present is that the Presidential election season has started in earnest and nobody is standing up for the defrauded, the dispossessed and the defeated in this country despite the fact that no single episode of continuous destruction of homes, families, and private property has happened on the present scale anywhere in the USA since the War of 1861-1865, in the midst of whose sadly understudied sesquicentennial we are currently coasting, only partially aware, as seems to be the modern American norm.  But the truth is that it is only possible to understand what is happening in modern America if we realize that the destruction of private property is proceeding NATIONWIDE now at approximately the same rate as it was happening in Virginia and Georgia during the final year of the War Between the States in 1864-65.  Family and local heritage and inheritance are being wiped out, systematically, and with just as much government endorsement and approval as during any war, but without any attempt at justification.  I can only guess that the justification has already been written, and so it seems redundant to repeat it now: The Communist Manifesto of 1848, which is about to celebrate its 164th year in print (since 1848) predicted (well, actually, demanded) the centralization of banking and rampant extensions of frivolously predatory credit which have led to the present meltdown.  In the 1930s-50s, certain elites decided that if Communism was to be implemented in the United States, it had to be done gradually, stealthily, with the appearance of democratic approval and due process of law.   All continuity and “rootedness” in American communities is being subjected to massive disruption and near obliteration—long-term stability and inheritance of local knowledge and traditions is endangered.  The world is being “shaked and baked” into dependent homogeneity rather than independent diversity.   Individual ownership and family inheritance of real and personal property are being being wiped out in the interests of a destabilized society whose only recourse to survive is to depend upon the “generosity” and “benevolence” of an all-powerful government.  I can see no sadder end to civilization.

The official answer to these accusations was articulated recently by a San Diego attorney who is dedicated to the destruction of private property in favor of “corporate-governmental” ownership of property:

“Your letter below serves as an excellent example for why you should consider hiring an attorney who is familiar with the law. I am disinterested in discussing your theory that California Civil Code 2924 is in actuality a communist plot to divest the citizens of California of their right to hold private property. Or that the US Constitution can be construed to permit a person to default on their contractual obligations to pay their mortgage, without any consequence.

Our judgment has not expired, it is still a judgment in our favor and it is still good. Our writ has expired because they are only good for 180 days from the time of issuance. Therefore, we are moving for a new writ, which we are legally permitted to do.
Sincerely,
Jessica Partridge, Esq.
Associate Attorney
McCarthy & Holthus, LLP
1770 Fourth Ave.
San Diego, CA 92101
Phone: (619) 955-1508
Fax:     (619) 243-1979
I have to confess than when I was a law student and practicing attorney I simply did not know that the sole purpose of lawyers was to exploit people for personal gain while implementing whatever was the governmental oppression “du jour.”  And yet this is the literary stereotype of lawyers from Shakespeare through Moliere to Dickens.  It was certainly not the kind of law practiced by Marcus Tullius Cicero.   It was definitely the kind of law used against Joan of Arc (whose 600th birthday was celebrated yesterday in France by Front National Presidential Candidate Marine Le Pen—notably NOT by the sitting President Nicolas Sarkozy, who is at least insofar as his ancestry is concerned as much of or even more of a foreigner in France as Obama is in the United States, although Sarkozy’s foreign origins at least derive the same continent as France, unlike Obama who hails from a distinctly non-European, non-American family background, at least on his father’s [Kenyan, Communist, Mau-Mau] side).   One of the most amazing chapters in French History is how la Pucelle d’Orleans handled her own defense against English Clerical Inquisitors, and how she chose integrity and faith in herself and her own personal relationship with God over all earthly advantage or matters.   Another disturbing chapter in the history of lawyers based in France was of course the Dreyfus affair, which seems likely to be repeated ten thousand times in the next few years if America really does ever arrest and detain people under the provisions of the new National Defense Authorization Act which our own foreign President just signed into law within the past few weeks.
But I have digressed from the destruction of private property in America or the government’s support and endorsement of this destruction.  A recent write-up of governmental action as affirmation of the policy of national expropriation was recently brought to my attention and I want to share it:
Independent Foreclosure Review–Beware

Snapshot of the Newest Program

  • The review is not independent
  • The servicers are paying the “Independent Consultants”
  • The servicers are allowed to release “relevant” information to the “Independent Consultants”
  • “Eligibility” has been pre-determined
  • Forgery and fraud are not on the list of things to be reviewed

The Current Climate
We have become a nation of displaced people due to fraudulent and wrongful foreclosures conducted by the banks since the Mortgage Meltdown began in 2007.  Amherst Securities has testified that  1 out 5 homeowners are likely to lose their homes before this crisis ends.  It is estimated that there are at least 62 million securitized loans – loans with lost notes and unclear ownership.  These are the people being foreclosed upon by banks that cannot prove legal ownership.

Fraudulent foreclosures have rampantly permeated across all 50 states. The issue is not limited to robo-signing, or clerical errors, or bank ineptitude.  The issue is much deeper:  Does the bank have the legal right to foreclose?  Any foreclosure proceeding must include clear evidence that the bank is the rightful owner of the note, the deed or mortgage, and they have in their possession the original note with original signatures.  This is the crux of fraudulent foreclosures in our country today.

Yet, the Government has announced a new “program” to get your foreclosure process reviewed “independently”.  The concerns of most homeowner advocacy groups are that this new “independent Foreclosure Review Process is just another bank maneuvered government sham. Their concerns are well justified.  It is.

Analysis of the Independent Review Fact Sheet

A Fact Sheet explaining this new “opportunity” for homeowners, which has been put out by the Housing Policy Council, clearly shows this is not an independent review and homeowners should be very cautious of involving themselves in the process.  It appears to be yet another diversion orchestrated by the banks & US Government to get people’s attention diverted off the underlying issues of their loan and foreclosure using the time-honored and impartial justice system. Instead, tying them up in a very long bank-controlled review process that is anything but independent.
First, let’s take a look at who the Housing Policy Council is:

They are a bunch of bankers dictating to the Government while lining their pockets. They are a subsidiary of the Financial Services Roundtable, which is made up of members who provide mortgages to Americans.  They are a strong lobbying force in DC.  The Housing Policy Council estimates that 65% of all mortgages in the US are originated by the member firms of the Housing Policy Council.  Thus, he who created the foreclosure crisis, then the fraudulent foreclosures, and never once policed himself is in charge of the program to see if he “erred.”  How can this be an independent and impartial review?

This is the Opening Paragraph of the “Fact Sheet”:

“Fourteen U.S. mortgage servicers and their affiliates are making available free, impartial independent Foreclosure Reviews to certain of their borrowers . . ”

Our government must think we are really an ignorant lot.  The servicers who conducted the fraudulent foreclosures are making available this impartial and independent review.  I’m confident by now that anybody who is reviewing this information has safely concluded that there is no impartiality.

But there’s more:  “to certain of their borrowers”

It appears that you can be the victim of a fraudulent foreclosure, yet the independent review process is only available to a selected group.  That could work if that selected group is anybody who has suffered foreclosure proceedings since 2007 when the meltdown began, but that is not the case:

According to the fact sheet, that qualifying group only comprises those who believe they’ve been financially injured as a result of “servicer errors, misrepresentations or other deficiencies in the foreclosure process of their primary residence.”

Their omission of forgery (robo-signing,) and fraud (securitization which obfuscates who owns the loan and if they really are the owner) is a bit too obviously absent. More disconcerting however is the use of the word eligible mostly because of who is eligible.  Are they suggesting that second homes are investment properties were not wrongfully foreclosed upon?

“Borrowers are eligible to submit a Request for Review if 1) their loan was serviced by one of the participating mortgage servicers, 2) their loan was active in the foreclosure process between Jan. 1, 2009 and Dec. 31, 2010, and 3) the property securing the loan was their primary residence.”

Thus, you are eligible if your lender is participating, if it happened during the specified dates and if it was a primary residence.  There’s a word for this:  It is known as minimizing.

Fraudulent foreclosures didn’t only happen to the eligible group.  If the lender is “participating” doesn’t that suggest this activity isn’t independent, and who decided that we only had issues for the past two years?  What about the lenders who don’t participate?  Let’s face it.  If you committed forgery and fraud, participation isn’t a luxury or choice that you have, prosecution and jail time are your fair due.  So why do we get to hear about lenders who are participating, like they signed up to be in a special club?  That’s not independent.

Also of concern, it’s already been determined by the independent group if you are eligible and they’re going to let those 4.5 million borrowers know by mailing them a letter explaining all this.

For those millions of you who have since moved on:  I wonder if they have your new address.  What if your mail forwarding has expired?

The independent review is also pre-determining what would constitute a financial injury, again, forgery and fraud are not on the list.

They’re claiming the process “could take up to several months”. Following in the footsteps of HAMP, more realistically, you will be tied up in this for the next several years, while valid statutes that could have served you well in court expire.

And worst of all, they have decided that the “Foreclosure Reviews will be conducted by independent consultants engaged by the servicers and approved by official sounding government entities.  That is only part of the problem, however.  There’s only one company being used by “all the participating” servicers to manage the incoming complaints.

And the final blow to the word independent comes in the closing paragraph:  Once the request for review forms have been collected by this single vendor, the servicer will provide relevant documents to the independent consultant.

It’s clear that this review should be considered with a cynical eye, and wary countenance.  Unless you show the fraud and forgery in your loan, don’t think it will get revealed by those ‘independents.’

Consider a full securitization audit to include with your submission if you do choose to do this process, minimally get an investigation for robo-signing.  Don’t be duped into thinking once again that the bank and the government are actually going to fix the mess they made of your loan and your life.  Your safer route is to pursue your lender in a court of law, after you’ve gotten that audit and now have the evidence of the fraud and forgery committed in your loan.  Most likely in successful cases, the compensation approved by a judge will be much greater than what you could expect to see from this ‘program’.

Here’s an excellent article that you should read:  Tila Solutions is not the only group expressing concerns over this program. http://www.nytimes.com/2011/12/25/business/foreclosure-relief-dont-hold-your-breath-fair-game.html?_r=2
Sara Miller

I have Registered as a Candidate for United States Senator, running as a Constitutional Democratic-Republican against Dianne Feinstein, that pillar of the Establishment

http://www.youtube.com/watch?v=Myyyf3A5uEE&feature=related
I was playing this very inspiring video with JFK, MLK, Jr., and Ron Paul on my I-Pad to a small group in Room 2013 on the second floor of the the Los Angeles County Registrar’s Office for Candidate Registration today. Kennedy was at least nominally a Democrat, although it appears he may have been assassinated, at least in part, for opposing the Federal Reserve and in particular the plan to take silver out of circulation, and hence as a basis for the United States Dollar….which had been “silver” since at least the 1780s…. I was waiting while an even smaller group of unusually efficient bureaucrats processed the paperwork necessary to put my campaign “on-line.”

And so it was that on Friday, December 30, the last business day of 2011, I filed formal campaign papers to run for U.S. Senate against Dianne Feinstein. Many of California’s representatives in Congress are traitors, and should be removed, although I noted with some satisfaction that in the Los Angeles Basin proper, only the very oldest New World Order Advocate/Brave New Warrior Henry Arnold Waxman, voted for the National Defense Authorization Act of 2011…(Fiscal 2012, aka “Indefinite Detention without charges, due process of law, or habeas corpus). Nancy Pelosi, of course, voted with Waxman and the establishment, as did Adam Schiff and Howard Berman, but in the spirit of fairness, I think we owe at least the following 18 Democratic and 4 Republican Representatives on the California delegagtion credit for their courageous “no” votes:
No CA-1 Thompson, C. [D]
No CA-4 McClintock, Tom [R]
No CA-5 Matsui, Doris [D]
No CA-6 Woolsey, Lynn [D]
No CA-7 Miller, George [D]
No CA-9 Lee, Barbara [D]
No CA-12 Speier, Jackie [D]
No CA-13 Stark, Fortney [D]
No CA-14 Eshoo, Anna [D]
No CA-15 Honda, Michael [D]
No CA-16 Lofgren, Zoe [D]
No CA-17 Farr, Sam [D]
No CA-31 Becerra, Xavier [D]
No CA-32 Chu, Judy [D]
No CA-33 Bass, Karen [D]
No CA-34 Roybal-Allard, Lucille [D]
No CA-35 Waters, Maxine [D]
No CA-36 Hahn, Janice [D]
No CA-38 Napolitano, Grace [D]
No CA-40 Royce, Edward [R]
No CA-46 Rohrabacher, Dana [R]
No CA-48 Campbell, John [R]

http://www.govtrack.us/congress/vote.xpd?vote=h2011-932

I am grateful that the primary is non-partisan, because partisan labels “Democrat” and “Republican” now mean nothing except that third-party candidates are doomed. The “top two” selection process without a primary and runoff is ALSO unfairly stacked against the outside, but we shall see whether the number of ordinary Californians (in the tens of millions) can recognize their common grounds and identify with me. I call out to everyone who has been defrauded of their vested contractual rights their homes, their jobs, and their property, defeated in every court and administrative proceeding, and dispossessed of all their rights, title, and interest in life, liberty, and property….and so consistently defeated and frustrated for a very long time in their pursuit of happiness…of the American Dream— I call out to everyone with a family member now or recently in jail, on probation, or under investigation…. I call out to everyone who used to be one of the “haves” and is now a “have not”, or who has never been invited to the table of prosperity at all, to join me in fighting for the end of deceit, lies, and prevarication as policies of governmental manipulation and control. We must divest the banks and the corporations of their controlling positions in society and thus destroy the military-industrial-financial complex which has made government subservient to the few rather than the many. In particular, we must take American land and jobs off the world market—to be bought and sold into slavery by massive foreign interests with no commitment to freedom or democracy, and to restore American productivity. Let them scream in Beijing and Shanghai, Mumbai, Islamabad, Calcutta, Bangkok, and Singapore, calling us “isolationists” and “protectionists” and we will know that we are on the road toward being a happy and prosperous nation again. Let us learn from the disaster in Europe and start dismantling our Central Banking system and abolish fiat currency and reckless credit regimes before they together flatten and wreck us. Let us restore private property to our people and so replace welfare slavery with independence as the primary way of life. Let us even accept that we will all have to work harder, be poorer, and use our minds with more discipline and vigor if we are ever really to be free and stand upright to each other as citizens and to the world again. And in relation to the world, let us indeed “leave them alone.” If Sharia law is the will of the people in Amman, Algiers, Baghdad, Benghazi, Cairo, Damascus, Khartoum, Tehran, Tripoli, and Tunisia, let those people have their way. We will leave them alone and they will leave us alone—I have no doubt of it! Good fences make good neighbors so long as the dogs of war don’t jump over them….and so long as we control ours, I believe they will control theirs. “Terrorism”, as it has been analyzed and applied in the past twenty years, really DOES begin at home you know….
http://www.corbettreport.com/911-a-conspiracy-theory/

Candidate Statement 2012: For Freedom and Real Social Diversity, “Jeffersonian Democracy” defines everything we call “Freedom”.

It Is My Intention To Run For United States Senator In The Non-Partisan Primary Election Currently Scheduled For June 5, 2012—

I intend to run on the following statements:

ALL FINANCIAL AND GOVERNMENTAL MONOPOLIES, AND LEGAL IMMUNITIES FOR WRONGFUL TAKINGS OF LIFE, LIBERTY, AND PROPERTY MUST END, WITH FULL ACCOUNTABILITY FOR THOSE ILLEGITIMATE MONOPOLIES AND TAKINGS.  Government licensing and government regulation of the economy are inherently destructive to the public welfare they seek to protect.

I STAND FOR THE RESTORATION OF A JEFFERSONIAN FEDERAL DEMOCRATIC-REPUBLIC wherein governmental intrusion into private life is limited by the constitution, reserving all powers to the people!

My interim campaign managers in this venture are: in Orange County: Renada Nadine March (949) 276-1970 and Aurora Isadora Diaz (714) 767-3311; Ed Villanueva in San Diego County (858) 231-5033; as well as my Campaign Treasurer, National Coordinator, and longtime personal trustee Peyton Yates Freiman (512) 968-2666.

Anyone interested in promoting “diversity” in the Democratic Party and U.S. Senate by electing a Conservative, sound money, pro-Private Property, pro-Common Law, pro-10th-Amendment, Libertarian Candidate to replace the hopelessly establishmentarian and politically correct Senator Dianne Feinstein, who has played a leading role as member of the Senate Committees on the Judiciary and Intelligence in approving and ratifying the corruption which shackled America, should seriously consider backing me for Senate.

To elect anyone with my “outsider” credentials and background would “send them a message” inside the Washington Beltway that the people are uncomfortable and dissatisfied with the Status Quo and want real change.

My specific platform planks are:

(1) restoration of full First Amendment rights, and the abolition of all forms of governmental regulation of speech and expression, including the elimination of penalties for advocacy and repeated submission of petitions for redress in the Federal Court system.

One of my favorite passages in the Gospels is Luke 18:1-8, the Parable of the Unjust Judge—which tells of a Judge to whom a widow repeatedly brings her petition for redress, and which Judge finally grants her relief rather than hear her plea again.  Apparently, in Ancient Israel, it was unimaginable that any person would be penalized for repeatedly seeking justice—even it was by no means certain that this particular widow or any person would obtain anything by her efforts.  The Federal Courts, with Congressional support, have all but cut off the power of the people effectively petition through the Courts.  Federal Courts seem to exist only for the benefit of large corporations and law firms.  This particular corruption must end, even though, harking back to one of the passages in the Hebrew Bible, it is an ancient problem.

The following, from Isaiah 59, seems to me to embody my own frustration, and the frustration of many I know, with the Judicial System and its most numerous “officers of the court” who are the lawyers (one of my Great Grandfathers was a Judge & Justice in Louisiana—according to family legend he had a plaque on the walls of his chambers which read, “Dead Lawyers Lie Still”.   ISAIAH 59:

4 No one calls for justice;
no one pleads a case with integrity.
They rely on empty arguments, they utter lies;
they conceive trouble and give birth to evil.
5 They hatch the eggs of vipers
and spin a spider’s web.
Whoever eats their eggs will die,
and when one is broken, an adder is hatched.
6 Their cobwebs are useless for clothing;
they cannot cover themselves with what they make.
Their deeds are evil deeds,
and acts of violence are in their hands.
7 Their feet rush into sin;
they are swift to shed innocent blood.
They pursue evil schemes;
acts of violence mark their ways.
8 The way of peace they do not know;
there is no justice in their paths.
They have turned them into crooked roads;
no one who walks along them will know peace.
So justice is far from us, and righteousness does not reach us.
We look for light, but all is darkness;
for brightness, but we walk in deep shadows.
10 Like the blind we grope along the wall,
feeling our way like people without eyes.
At midday we stumble as if it were twilight;
among the strong, we are like the dead.
11 We all growl like bears;
we moan mournfully like doves.
We look for justice, but find none;
for deliverance, but it is far away.
14 So justice is driven back,
and righteousness stands at a distance;
truth has stumbled in the streets,
honesty cannot enter.
15 Truth is nowhere to be found,
and whoever shuns evil becomes a prey.

(2) restoration of full Second Amendment rights, on the grounds that the power of the people to defend themselves against government is the necessary backup to the freedoms secured by the First Amendment (an all-powerful army and police force with the monopoly of legitimate violence is simply incompatible, in both the long and the short term, with meaningful individual or social freedom). We must reinvigorate the concept of the civilian militia, composed of every adult man and woman in society.

Switzerland and Israel both follow this model of public participation, which just shows that there are no guarantees of anything in life or politics: Switzerland by its rigid neutrality has avoided direct involvement in all the wars of the past century, while Israel has been in a state of nearly constant war since even before its creation 63 years ago in 1948.

In the United States, we have somehow combined both worlds: up until 1992, we had enjoyed a century of nearly complete domestic peace.  Discounting several dozen essentially disorganized and nearly random urban riots relating to the Labor movement in the 1890s and the Civil Rights and Vietnam War Protest movements in the late 1950s-early 1970s, there was no serious conflict or “state of hostility” on United States soil following the withdrawal of occupying forces from the South in 1877 and the dawn of the “Decade of Domestic Terrorism” which ran from 1992-2001, and led to the transformation of American government and the near obliteration of civil rights.

(3) freedom of contract from governmental interference of every kind;

To fully implement this phrase would eliminate such a large portion of the United States Code and the work of lawyers generally that overtaxed pulp-tree farms (and recycling plants) everywhere would heave a sigh of relief.   Just as an example, the IRS code and many Federal Courts frown on contracts for barter or exchange—meaning that the most basic instinct of exchange of goods, labor, or services of any kind for negotiated substantive value without assigning any formal cash value has been very nearly made a Federal crime.

(4) reduction in governmental subsidies with a goal towards ultimate elimination, of  corporate welfare, individual welfare, and all programs which foster dependency on the state rather than freedom and social-interdependence of people on each other as equals—again of absolutely every kind;

(5) reduction in governmental power over all aspects of human life, but including especially but not limited to all regulations which tend to affect individuals as members of families, and to alienate the individual from his family as a considered governmental “benefit” or “service” in support of “domestic relations” laws; and also including all regulations which tend to impose uniform philosophies or beliefs, or enforce normative standards of human philosophy, religion, or ideology of any kind.

Returning to the point about the First Amendment above, a free society (such as existed in the United States during the Colonial, Early Republican, and up through mid-19th century period at least) must foster the development of new and divergent lifestyles based on emergent new philosophies rather than trying to straightjacket society and culture into a “one-size” fits all narrow menu of politically correct and socially acceptable choices.

(6) abolition of government programs such as massive environmental regulation (including the construction and maintenance of dams and nuclear power plants) which necessarily increase the dependence of the people on the government and government controlled monopolies for their very survival;

(7) the abolition of all kinds of official immunity, including but not limited to judicial and prosecutorial immunity, for violation of civil rights, and especially for those violations and abuses of office which design or promote private or unofficial political and “social engineering” goals;

(8) any and every attempt by the state or federal government to regulate or control family organization in the name of “public welfare”;  here again, multiple apparently opposing interests may be reconciled creatively.   The interests of so-calle “social conservatives” will be served because the Federal government would no longer subsidize the state-sponsored breakup of families, pitting husbands and wives against each other in an eternal redistributive battle which ultimately enriches only lawyers and empowers only Judges and social workers.   Moreover, the power of Churches, Religious, Philosophical, and/or even Private Social or cultural groups to institute, promulgate rules, and regulate marriage and the education of the young will be restored.

However, persons of a socially liberal bent will find that the abolition of all civil and criminal restrictions on “gay marriage” and any other (victimless, voluntary) “alternative lifestyles” will lead to complete individual choice and private decision-making, limited only by individual imagination and the criminal laws against physical injury and slavery of any kind.

In a truly free society, if the Unitarian Universalist and other churches wish to solemnize gay marriage, they shall do so according to their own rules and regulations without leave or license from any state officer. But at the same time, the Conservative Presbyterians and Southern Baptist Convention will be free to ban and forbid membership to any individuals choosing what appears to these groups an “ungodly” lifestyle.  The marketplace of ideas, in short, will be open to all competing models, and the triumph or failure of any ideology will be utterly without beneficial or detrimental consequences in the law.

(9) a restoration of strict construction of the constitution and civil rights as respecting life, liberty, and property ownership;

(10) a complete restructuring of the banking and government finance systems, including but not limited to abolition of the Federal Reserve and the Federal income tax;

(11) a restoration to the people of the power (and the duty) to structure their own lives and social relations by contractual agreement without governmental interference, the major legitimate function of the courts being to enforce and judge the fairness of private contracts, including but not limited to marriage contracts and other agreements relating to domestic relations, such that the marriage license and state-sponsored divorce should be forever abolished and erased from the American social scene, restoring true freedom of association and freedom of religion to the people so that MEANINGFUL cultural and social diversity can flourish in the absence of regulation.   In this connection, all victimless crimes should be abolished, and the definition of “crimes against society” or humanity should be strictly limited to those behaviors which actually place real individuals in physical danger.  “Moral” or “Mental” injuries such as the consequences, for example, of merely “hateful” expression (without associated conduct such as assaultive behavior) must no longer be allowed to be a cause for criminal punishment (although tortious actions for “emotional distress” and other forms of non-physical victimization would be greatly expanded and liberalized, although subjected to the funnel and fulcrum of trial-by-fully-informed juries).

(12) corporate and professional, like governmental immunity, should be abolished or at least severely curtailed so that corporate, like governmental, officers, cannot hide behind legal shields while they wield immensely destructive financial swords, (

13) electronic voting should be carefully and independently monitored and subject to citizen audits, as should all governmental actions, but electronic voting should be supplemented by duplicative paper ballot receipt systems where the voter casts his vote electronically, but then casts and keeps a confirming paper copy of his vote, so that recounts will have double and triple built in security systems,

(14) all ancient prerogative writs, including quo warranto should be restored and forever guaranteed to the people,

(15) Federal judicial rules should be reformed in favor of freely amended pleadings and limiting the discretion of judges to dismiss complaints based on subjective criteria such as “plausibility”, while the right to decide all matters of credibility and fact-finding should be strictly reserved to juries, which should also have the power to decide whether laws are fairly applicable in each individual case.

I submit that I am a candidate for all the people.  As an individual, I was born a “WASP” from the Upper Middle Class of White America, and for much of my life I thought of myself as a “Goldwater-Reagan” Republican, albeit with deep admiration for Conservative Democrats such as populated the South through at least the 1970s.   But as an Anthropologist and Historian, I should hope I have a deeper than average appreciation for the mechanics and implications and demands of REAL socio-cultural and political diversity.

And because of my unusual individual life-history, I should find a “common table” with traditional elements of the California “Blue State” Democratic coalition including California’s Hispanics (I am fluent in Spanish and support official bilingualism in Government and the Court System on what you might call “the Canadian Model”), as California’s African Americans (I have suffered more than my share of unjust judicial and financial oppression and I recognize that they have been uniquely victimized as a group), along with California’s labor unions, for whom I would always defend the rights of freedom to organize, freedom to associate, and freedom to negotiate and contract without governmental interference.

Finally, I think that my social-“diffusion of power” program regarding lifestyle choices and values should appeal not only to every ethnic group belonging to the California “plurality of diversity” but also to every Californian who shares in this state’s tradition of eccentricity and the embrace of real normative divergence. The socialist tyranny which has characterized California politics and social policy during most of my lifetime stands in marked contrast to the real diversity of the California population—at least by origins.   All who enjoy support California’s diverse makeup must admit that such diversity cannot meaningfully coexist with homogenization through coercive unitary educational, financial, and legal systems.   “Good fences make good neighbors” and the freedom the build good fences and maintain actual distinctions is one of the freedoms to whose protection I am most deeply committed.

Above all I think I will appeal to California’s homeowners and property owners of every ethnic and class background: like no one else in this or any other race, I will fight first and foremost to restore the integrity and reality of private property against all Federal Tax-based schemes and programs of securitization and transfers of real ownership as a result of corrupt banking and lending laws.   A

s an anthropologist and archaeologist, I think I have a better appreciation for the cultural history and diversity of all groups in California than anyone else, and understand the importance of maintaining identity and actual diversity by avoiding forced assimilation of any and every kind: “Vive la difference.”

As strongly indicated above, I also support absolute freedom of expression and religion, and would work to remove all Federal Support for or mandates involving state licensed or controlled marriage or relating marriage or support to the social security system, which has turned the State Family Courts into surrogate Federal Tax Collection facilities for the purpose of welfare and wealth redistribution.

As a United States Senator I would demand proof of the legitimacy and honest integrity of all our programs, institutions, and officers, including but not limited to the monetary system (the value of the dollar, the threat of renewed inflation), the Federal Reserve Banking System as a whole, every branch of the Federal Government, and yes, even of the Presidency and of the current occupant of the White House.

I would specifically fight in the U.S. Senate for amendments to the Civil Rights Statutes of Titles 18, 28, and 42 which would amendments would ensure the color blind application of the civil rights laws.   “Equal opportunity under the law” must flourish and promote itself as among the greatest of American Values, not so much as a divisive but unifying slogan and ideal in our courts—available to the members of the DAR and recent immigrants alike.

I would also fight for the repeal of the recent National Defense Authorization Act, the Patriot Act, and the Real ID act, FISA, and the secure restoration of meaningful Habeas Corpus, and the removal of every sort of unnecessary governmental program intruding upon or regulating any aspect of business or private life.

My approach to developing a policy for California’s ecological and environmental would be simple: nature is best, all modifications of nature which pervert demographics from their natural tendencies are bad.  In particular, no more dams should ever be built with Federal Funds and those dams which exist now should be subjected to retrospective environmental assessment to see which can be removed to restore rivers and lakes to their natural configurations.  I think that the restoration of natural hydrology will ultimately lessen the need for governmental regulation and intervention in economic and social life, as well as solve many of the most pressing environmental threats to all life on earth.   I will support every sort of incentive to develop non-fossil fuel energy bases EXCEPT hydroelectric based on damming our rivers.  Deserts should probably remain dry rather than the site for suburban sprawl.  Restoration of natural water flows will decrease the tendency for the United States Federal Government and State Governments to become modern day examples of “Oriental Despotism.”  Energy independence for the individual household and family or local communities through wind and solar power is the ideal to be preferred.

Please consider supporting me in my attempt to shake up the California Democratic Party and Washington establishments!  In sum, and conclusion, I would just offer as a Haiku-like motto

“Jeffersonian Democracy” defines everything we call freedom.

Statement originally published on May 20, 2011 @ 1:54, & May 21, 2011 @ 2:08 AM

Civil Rights Removal: To Limit Removal to Cases involving Racial Discrimination on the basis of Statutory Schemes to enforce racial inequality is to make a travesty of Civil Rights—either we all have real rights or none of us do!

Lori G. McDonald now tests the waters with the best and most comprehensive Notice of Civil Rights Removal filed to date.  Why are so many eviction cases, when removed on grounds of diversity alone, remanded for the reason that the claims of dollar amounts in a Plaintiff’s case (no matter how illusory or illogical those amounts might be) is absolutely controlling for diversity jurisdiction?  Plaintiffs in limited jurisdiction “unlawful detainer” cases only claim “back rental” (if anything) in dollar amounts, but a huge amount of jurisprudence supports a completely different angle of analysis of “amount in controversy” and such claims as to value are always frivolous, fraudulent, and designed precisely to avoid the rigors of federal court. Lori has now addressed these issues in her Notice, filed November 28, 2011, in Santa Ana, Orange County, California, based on the legal research and ligation support which only the Charles Lincoln Trust for Tierra Limpia  provides to pro se homeowners….. and those who have been wrongfully deprived of home ownership.  California Civil Code §2924 et seq. is an “equal opportunity destroyer,” and there will be no peace until the entire process of non-judicial foreclosure is wiped from the face of the earth and declared unconstitutional, never to be raised from the grave again.  The lawyers, such as Steven D. Silverstein and their allies the corrupt Superior Court Judges such as Cory Cramin, who knowingly enforced that unconstitutional and immoral statute and took pleasure in the infliction of misery on millions must be punished, as must politicians such as Dianne Feinstein, Barbara Boxer, and Edmund G. Brown who smiled and used their positions and influence to uphold the special privileges, grossly inequitable and immorally granted rights and blatantly unconstitutional powers of the Banks while it was all going on.

If elected to the United States Senate, I will filibuster to eradicate the requirement of race-based classifications and even “protected group” analysis from equal protection jurisprudence: All must be free or none can be free, because some animals are NOT really more equal than others…..  

11-28-2011 Lori G McDonald & Mark Privitera Removal of Wells Fargo Case to USDC CDCA re 8-09-cv-01072-DOC-E ; 11-28-2011 Civil Cover Sheet for Lori G. McDonald & Mark Privitera Notice of Civil Rights Removal ; 11-28-2011 Lori G McDonald Certificate of Interested Parties for Notice of Removal

Federal Civil Rights Legislation and litigation simply did not exist before the War Between the States of 1861-1865.  Such legislation and litigation were only necessary because the Military dictatorship which arose after the War made certain that the newly emancipated slaves actually had the upper hand (for a few years, anyhow) before the Compromise of 1877 obliterated what little integrity was left in the Union’s claim to the moral highground.  After a couple of decades of dormancy, “Civil Rights” became the most divisive issue in the nation again, starting almost immediately after World War II (for which the war of 1861-65 in America was a very clear and plain rehearsal).   Now the Banks have allied themselves with the United States government in a manner analogous to the alliance between Carpetbaggers and Union Troops in the South (also, coincidentally, with full bank-establishment backing….) and are wreaking havoc all over the country.  Millions are losing their homes and seeing their savings and security wiped out.  Now the whole nation knows what it was like to be a Southern White Farmer in the late 1860s.  And ironically, blacks and whites and Hispanics and Asians are all being turned out of their homes without regard to race, creed, or color, but it could not have happened without the Civil Rights Laws’ having been expressly applied by the Courts ONLY to protect the rights of one race against another, and not of all people together. 

If you would like to help the fight for “corny old values” like Truth, Justice, and the American Way, for Family, Home, and Freedom, and to add one Senator for the Bill of Rights and against Indefinite Detention, against the PATRIOT ACT, and against the use of United States Troops in this Country against its own citizens, please support Charles Edward Lincoln, III, for U.S. Senator from California.  We are fighting one of the most entrenched establishment seats in Congress—Dianne Feinstein who tried to make cosmetic changes—and we ask you to send your check or money order to Lincoln-for-Senate 2012 to Charles Edward Lincoln, III, 952 Gayley Avenue, #143, Los Angeles, California 90024.  Call 310-773-6023 for more information.

BREAKING THE BAR: For Family, Home and Freedom, DISINTEGRATE THE STATE BAR OF CALIFORNIA (and every state)! ABOLISH THE LICENSING OF ATTORNEYS! RESTORE EVERY ELEMENT OF THE FIRST AMENDMENT TO FULL VIGOR, and ABOLISH ALL STATE-SANCTIONED MONOPOLIES (it’s the American Way)

Once again, Renada Nadine March leads the way onto the legal frontier in California. Here is Renada’s latest filing as of November 17, 2011 8-11-cv-01768-UA-SS March v Russell Complaint Filed in SACV11-01768 11-17-2011; it is directly related to our joint filing of September 30, 2011, in 8:09-cv-01072-DOC in response to Judge Carter’s Order to Show cause regarding the question of why the case was dragging on so long without being effectively moved forward (Case 8-09-cv-01072-DOC-E Document 86 Response to Order to Show Cause Filed 09-30-2011Case 8-09-cv-01072-DOC -E Document 86-Part 1—Filed 09-30-2011Case 8-09-cv-01072-DOC-E Document 86–Part 2—Filed 09-30-2011)

WHY DO SOME LAWYERS ACCEPT CASES AND THEN BETRAY THEIR CLIENTS?  Is it “all about money” (i.e. stealing: accepting money for nothing) or is there an agreement to silent certain people and their positions through acceptance of representation?

Mandatory Membership in State Bar Associations is supposed to increase the quality of the profession.  (see, e.g. A Reassessment of Mandatory State Bar Membership in Light of Levine v. Heffernan). 

In reality, I submit and many (for example Milton Friedman, F.A. von Hayek, and other economists) would agree that the perfection of any monopoly protects the mediocre and incompetent members of the profession to the detriment of innovators and the sharpest experts, and subjects the profession as a whole to oppressive regimentation and mind-numbing conformity.   The time has come to wipe the slate clean and remove the bar to creative advocacy and competent legal analysis independent of political power hierarchies.  When elite block gradual evolution, bloody revolution becomes more likely, even necessary.  It is a form of ordinary systemic readjustment to prevent stagnation and death—which is what we’re experiencing right now in America: socio-cultural and economic death because the legal monopoly has dug in and taken sides against the Constitution.

Judges are either political appointed and confirmed (in the Federal System) or elected politically (in most state systems, although most state Judges are in fact “appointed” and then subjected to uncontested, undebated, issue-free “retention elections” as a matter of political realpolitik and social fact—supported and bolstered by the “integrated bar” in each state).   It is preposterous to suppose that individuals politically important enough to become Judges, or with friends politically important enough to make them judges, will be anything but partisan arbiters of cases.  We live in a political society, and to pretend otherwise would be to engage in self-deception.  

The genius of the American Constitution, however, was always and should always be to take the human condition as it is (full of sin, especially greed and envy) and make the best of it by structuring a government wherein no one group or faction could ever achieve too great an ascendency over another: and this then is the fundamental constitutional, cultural, economic, and social evil inherent in monopolistic practices of any kind.  This anti-monopolistic structural-function (one could equally call it an anti-Monarchy framework with anti-Oligarchy safeguards) is the origin of the Separation of Powers doctrine advocated in favor of the Constitution throughout the ratification debates (see especially Madison, Jay, and Hamilton’s Federalist Papers) and which Separation of Powers doctrine was at the heart of most major Constitutional Litigation in the Supreme Court from its first session starting on February 1, 1790 through at least the Slaughterhouse Cases published at 83 U.S. 36, 100 U.S. 1, and 111 U.S. 746 in 1872-1884.   The dissent in the first of those case may have gotten it right when stating that the Civil Rights Acts implementing the Fourteenth Amendment perpetuated the Common Law of England in condemning governmental interference with the obligation of contracts and to avoid state-created monopolies.  The Slaughterhouse Dissent, and my own position, is that equality of rights, in the lawful pursuits of life, throughout the entire country, are privileges of the citizens of the United States.  Certainly states may (up to a point) regulate health and safety issues within their territory (although I would say this should be done with a keen eye NOT to violate either the Constitution or the Common Law), but once enacted those regulations must be free to be followed by every citizen who is within the conditions designated—there can be no specially privileged classes, no monopolies, and yet that is EXACTLY what lawyers have become.  Some have even suggested that the status now enjoyed by lawyers in the United States violates the Constitutional prohibition on titles of nobility, and there is much historical as well as socio-cultural and economic reality in that suggestion.

I myself have repeatedly advocated cutting back on the State Licensing of Attorneys and the State Licensed Monopoly created by “Integrated (i.e. Mandatory) Bar Associations” nationwide.  Currently there are several live counts in 8:09-cv-01072-DOC pending in U.S. District Court in Orange County which attack the constitutionality of several provisions of California Civil Law as creating special status for attorneys (most pernicious of which is surely the Civil Conspiracy Exemption: §1714.10, but also obnoxious and injurious is the 425.16 prohibition on the filing of Lis Pendens except by attorney).  But in the past I have advocated a more radical position which I think is in fact the correct one, see e.g.: 04-03-09 Complaint in Intervention Montana04-03-09 NOTICE OF INTERVENTION,  Case 9-08-cv-00091-DWM-JCL Lincoln & Freiman Intervene in O’Neil Document 82 Filed 04-03-09, and Case 9-08-cv-00091-DWM-JCL Lincoln & Freiman Complaint in Intervention Document 82-1 Filed 04-03-09.

Right now in California, it seems that the Attorney General and the Bar are ganging up on attorneys who really and truly want to fight the foreclosure epidemic, as I pointed out last year in an open letter to the then Attorney General, now Governor, Edmund G. Brown.  CEL to EDMUND G BROWN CAL AG 08-26-2010CEL to EDMUND G BROWN CAL AG 08-26-2010.

The result is that the State Bar of California, like all State Monopolies, has become a source of stagnation and oppression.  I submit that as a matter of Federal Law, Congress has the power to by statute enact that NO STATE SHALL INFRINGE upon, limit, or grant any monopoly or license to any person or group of persons to speak, write, regarding the effect or interpretation of the law or any other subject, and no State may grant any monopoly or license to any person or group of persons to petition orally or in writing, on behalf of themselves or of others, for redress of grievances.   I think that pretty well defines and takes care of the practice of law, doesn’t it?   The practice of law is NOTHING but the exercise of fundamental First Amendment rights.

I promise to propose and advocate such legislation every day of every session if I am elected United States Senator from California.

And yes, as everyone knows, I have the nerve to write all this criticism of the system either in spite of or (in part only) because of the fact that I was formally disbarred from three integrated bar associations, resigned from two others (State and Federal).  I was once licensed to practice over most of the length of Interstate-10 from Jacksonville to Santa Monica, but on the order of Federal Judges sitting in Texas, but on the illegal or at the very least Constitutionally improper, oppressive and irrational order of two power-mad Federal Judges sitting in Texas, I have been jailed (without probable cause for any crime, but “just for a little talk”) at both opposite extremes of that same interstate for the purpose of being brought before their Honors Lynn N. Hughes and Janis Graham Jack in Houston (August-October 2006) and Corpus Christi (December 2007-February 2008).  And in fact, the result of BOTH my interactions with Judges Hughes and Jack was JUST a little talk.  I would think it were too incredible to believe if it hadn’t happened to me.

So if you think that the State Licensing of Attorneys is a system beyond reproach, you must believe that I am a very bad person.  A convicted felon found (by a guilty plea no less) to have misstated two digits of his social security number in an application for a non-interest-bearing checking account at Wells Fargo Bank in November of 1996.  Oh what a heinous crime!   Oh shock, oh horror, oh dismay! Oh what will they think of next?

Ever since my experiences with the Honorable United States District Judges James R. Nowlin, Sam Sparks, and Walter S. Smith—Yes Nowlin,Sparks, and Smith are honorable; So are they all, all honorable men*—and especially since becoming closely acquainted with Family and Mortgage Law coast-to-coast, I have concluded that there is no single more destructive group in America today than licensed attorneys.   It is often said that the 99% of that profession which is bad unfairly destroys the reputation of the remaining one percent, and I have known and worked with several in that one percent, even during the past ten years.    But as a whole the legal profession is poisoned by the monopolistic practices which permit judges, in particular, to choose and regulate those who appear before them.  This system is categorically wrong.  

*   The noble Brutus
Hath told you Caesar was ambitious:
If it were so, it was a grievous fault;
And grievously hath Caesar answer’d it.
Here, under leave of Brutus and the rest, —
For Brutus is an honorable man;
So are they all, all honorable men, —
Come I to speak in Caesar’s funeral.
He was my friend, faithful and just to me:
But Brutus says he was ambitious;
And Brutus is an honorable man. 

Julius Caesar, Act III, Scene 2: Mark Anthony’s Funeral Oration (Shakespeare).

If you would like to help the fight for “corny old values” like Truth, Justice, and the American Way, for Family, Home, and Freedom, and to add one Senator for the Bill of Rights and against Indefinite Detention, against the PATRIOT ACT, and against the use of United States Troops in this Country against its own citizens, please support Charles Edward Lincoln, III, for U.S. Senator from California.  We are fighting one of the most entrenched establishment seats in Congress—Dianne Feinstein who tried to make cosmetic changes—and we ask you to send your check or money order to Lincoln-for-Senate 2012 to Charles Edward Lincoln, III, 952 Gayley Avenue, #143, Los Angeles, California 90024.  Call 310-773-6023 for more information.