Monthly Archives: April 2012

Re: Really Bad Patriot Mythology—When Ideas can be applied practically, stick with them….when they only lead you down rabbit-trails…..”just say ‘no'”….

I have had friends and mentors present some of those ideas to me for close to 40 years. The conclusion I have came to is, if there is something to these theories I still don’t know how to use it to my benefit. In my battles to clean up our legal system I have had more positive affect by holding up a sign in front of the courthouse letting the public know the judge was unfair or dishonest than I believe I could have had by standing mute or saying the court does not have jurisdiction over me. I have also used my campaigns for political and judicial office as a soapbox to inform the public to some affect. Maybe someone can use those ideas to gain some advantage. Although it took a lot of patience and the help of Charles Lincoln, Roger Kehew and others, I am proud of our contribution to getting the Montana Supreme Court to come out with the attached opinion using methods that made sense to me.

I carried a couple of bills during the last legislative session that would have helped the system some more. It is too bad they were killed in the process. Would you like to help get similar bills passed in the coming session if I am lucky enough to get re-elected?

Jerry O’Neil
Montana HD 3
406-892-7602

Really Bad “Patriot Mythologies” (the antidote: READ, ABSORB, REFLECT, and UNDERSTAND)(sorry if it sounds like work, but it is!)

I received an e-mail this morning from a client, referring me to this article under the subject heading: “A Good Article about Lawyers and the BAR”.  

http://www.rumormillnews.com/cgi-bin/forum.cgi?read=238180

Quite simply, nobody despises the “Integrated Bar” more than I do—by “Integrated Bar” is meant the constitutionally intolerable “licensing” of attorneys through the State Supreme Court system, adopted almost everywhere in the United States, Constitutionally enshrined here in the State of California.  But real is real and fake is fake, and the article posted by “Seawitch” on “Rumor Mill News” is about as far from reality as anything could be.  I do not wish to reproduce such drivel on my humble blog, so I’d ask you to read it first, and then my commentary:

No, sadly, that’s not a “good” article at all but a collection of poppycock fake “mythology” just plausible enough to fool some of those with no actual experience on the inside of the legal profession, or any good instinct for how life works, either, I might add.  I first ran into all that gibberish and nonsense about twenty years ago before my son Charlie was born even when I had just finished law school at the U of C and was getting ready to take the Florida Bar Exam.  
The Republic of Texas movement was still on the upswing, Ruby Ridge had not yet happened and it was almost a year before Mount Carmel, Waco, went up in flames.  If you ever want to dissect this pack of lies line-by-line we can do it late some night when there’s absolutely nothing better to do, but I submit to my own readers that it is hardly worth your time…..
Just for starters, I attach here for your reading enjoyment the cited case of  Erie v. Tompkins.  Erie R Co v Tompkins 304 US 65 58 SCt 817 92 LEd 1188 SCOTUS 1938
Now this is not one of the cases that normally fills the student of history with shock and awe at the majestic progression of historical process a la longue durée.  No, this is a “do your really want to be a lawyer” bone dry deadly dull case torturous case dealing with procedure and choice of law that every law student reads in first year civil procedure.  
And moreover, contrary to “Sea Witch’s” article on “Rumor Mill News”, the Supreme Court’s opinion in this case says nothing even remotely like “no cases are allowed to be cited that are prior to 1939.” or that “There can be no mixing of the old law with the new law. The lawyers (who were members of the American BAR Association, were and are currently under and controlled by the Lawyer’s Guild of Great Britain) created, formed and implemented the new bankruptcy law. The American BAR Association is a franchise of the Lawyer’s Guild of Great Britain. Since the Erie RR. v. Thompkins case was decided; the practice of law in this country was never again to be the same.”.
Every word of this paragraph is absurd nonsense. But it is especially weird to derive it all from a case which concerns nothing more dramatic than a rule that state law applies in federal court in diversity cases. I will send “Erie” to you So you can read it for yourself.  And as a former member of the bar, I can tell you that there are no secret oaths.  Now, truthfully, there may be a lot of broken oaths to uphold the Constitution, but no secret oaths.  No, sadly, that article is not only bad but it perpetuates myths which are so far off base that they hurt us in our fight for serious reform against the bar.  The bar is corrupt, monstrously so, but it is not because it is really a “British Accredited Registry” or anything remotely like that.  
Real Patriots must  be armed and ready for the fight to save our country.
Real Patriots need to be, like those of 1774-1792, literate and well-studied in the common law and constitutional history of England, her Empire, and of Europe and even Latin America.   The line “IGNORANCE IS STRENGTH” or that you can defeat ignorance through gossip or cheap and shallow knowledge cheaply and shallowly acquired and used, is a tool of our Globalist enemies.
Real Patriots would do well to learn how to read history and in particular how to study and understand Judicial Decisions, especially those of the Supreme Court of the United States. It’s work. In fact it’s REAL work—Erie v. Tompkins does not touch on juicy issues of race, sex, contraception, or even whether the New Deal was constitutional or not (despite the fact that it was decided in 1938 after the Court-packing crisis was over and Felix Frankfurter and other Roosevelt appointees were safely on the Court).
Patriotism without historical knowledge and common sense is exactly what our enemies frame it to be: blithering idiocy.  Please study the case itself, and don’t rely on “Seawitches”, for legal advice or anything else, because the reality of the Supreme Court’s Erie R.R. v. Tompkins‘ key holdings are that they are dry as  bleached bones:
In federal courts, except in matters governed by Federal Constitution or by acts of Congress, law to be applied in any case is law of the state.
There is no federal general common law and Congress has no power to declare substantive rules of common law applicable in a state, whether they be local or general in nature, be they commercial law or apart of the law of torts.
The phrase “laws of the several states,” as used in statute requiring federal courts to apply laws of the several states except in matters governed by federal Constitution or statutes, held to include not only state statutory law, but also state decisions on questions of general law, in absence of any constitutional provision purporting to confer upon federal courts power of declaring substantive rules of common law applicable in a state.
I would generally be wary of any website that calls itself “Rumor Mill News” anyhow and authors with names like “Seawitch”…. even though I admit that Rumor Mill News has published some of my material, which is why, I guess, my client thought I would like that article….  But “fair is fair and real is real and fake is fake”, you cannot make a silk purse out of a sow’s ear, and such like aphorisms forever!  
The problem with the Bar is that it is unconstitutional both as a matter of substantive (First, Fifth, Ninth Amendment) and procedural (“Separation of Powers” between Legislative, Executive, and Judicial branches) and monopolistic in nature, and is simultaneously socially, economically, and culturally (as well as legally) corrupt for all those reasons.
There are no easy answers to why our legal system is so corrupt, but “lack of education” and the quest for “easy solutions to difficult problems” and the general population’s lack of education and unwillingness to read and become educated are all major aspects of the problem.  The average American graduates High School (and College, and amazingly enough, many who finish Law School itself) with no real practical notion of any legal procedure, how to read or research law, and so the average American High School Graduate, College Graduate, and even Law School graduate has no idea how to defend himself or herself when (1) arrested, (2) questioned by the police or other authorities, (3) sued, (4) threatened with divorce or a child custody fight, (5) assessed with back taxes, (6) required to seek a license or register for some otherwise “lawful form of employment,” (7) do anything at all in the real world.  Saying that lawyers are all employees of an alien power or the British Crown doesn’t help anybody make it through any of these problems.
 So many Patriotic Americans have been led down insane roads by idiotic gurus to believing really stupid things, and Rumor Mill News has recently gathered a lot of the most incompetent, inept, and stupid ideas into one single article.  No one benefits except the “new world order” types who get to cite such examples to call all of us who believe in the constitution crazy idiots without a smidgen of common sense, historical knowledge, or real practical experience in the legal world….. and that means THEY get stronger and WE get weaker—so let’s learn how to take criticism from each other and improve our standing as a movement with real brains and practical intellectual capacity AT LEAST equal to the 1790s frontiersmen of the Blue Ridge Mountains of Western Virginia & North Carolina, Kentucky & Tennessee….who after all, were the First to assert States Rights against the Federal Government’s attempts to suppress freedom of speech and freedom of assembly and of the press when protesting against the government.  
The Los Angeles-based 10th Amendment Center has led the way in showing how State’s Rights Nullification, in the tradition of the Kentucky and Virginia Resolutions against the Federalist Presidency of John Adams, is still a viable option for neutralizing the worst abuses of the Bush-Obama administrations including (1) the USA Patriot Act, (2) the Real ID Act, (3) Obamacare, and (4) the National Defense Authorization Act.   But even Governor Michael Dukakis once tried to assert States’ Rights in Massachusetts to Nullify his state’s participation in illegal and unconstitutional undeclared wars abroad, and for that he should be applauded…..

Brindis a la Carmencita: Happy Birthday to Jacqueline Amber Burns!

Veteran of L’Ambassade du Canada, Accuracy in Media, and the Fraser Institute, not to mention of my last archaeological expedition to Egypt and the Sinai Peninsula in 2000, Camp Street, New Orleans and before that to Campeche and Catemaco in 1991-2.  Happy Birthday, Carmen!  Your extraordinary loyalty and friendship over two decades are gratefully acknowledged, you are one in ten million!

OBAMA’S DICTATORSHIP OF THE PROLETARIAT MARCHES FORWARD!

From whence, in the Constitution, does the President derive the power to regulate commerce by executive fiat?   I am simply dumbfounded by the implications of the following article, presented as if it were a positive thing, on the President’s action today against “For Profit” Schools.  I have no idea what a “for profit” school in this context might be.  Honestly, I don’t care and it doesn’t matter.  The point is he signed an executive order which completely exceeds his power as Executive to make new law…..

But on the other hand, I think it’s safe to assume that Obama was NOT talking about his own almae-matri  in Cambridge 02138 and Chicago 66307.  A few years ahead of our de facto President, the marvelous Kansan-Kenyan Hawaiian who grew up in Indonesia, I attended Harvard and the University of Chicago myself.   Since leaving these schools, their administrations remember to talk to us (the alumni) about nothing so much as their endowments and how to raise their endowments and whether Harvard’s $32 BILLION dollar endowment is really up to meeting the challenges of the future, considering that it’s actually DOWN $5 billion from its $37 billion peak in 2009 (coincidentally or not, that was the last year my son Charlie IV attended summer school there, obviously there’s a connexion, must have been that the school has suffered because nobody paid anything close to his summer tuition fees ever since then…certainly it nearly broke the Homeland Security Bank Chez Lincoln….).  (See Harvard Magazine, May-June 2011: http://harvardmagazine.com/2011/09/harvard-endowment-rises-to-32-billion).   Obama would never attack the hands the shaped and formed his presidency at these two elite institutions in which my family has something of a history pre-dating his.   Harvard University and the University of Chicago, after all, were indeed the places that fed Obama, Loved Obama, Protected Obama (to paraphrase the introductory “movie-within-the movie” played at the beginning of the Hunger Games).  

In any event, I repeat:  From the standpoint of democratic process and constitutional government—-and whether Obama is trying to Suppress the “Not-for-Profit” Endowment building processes of Harvard and Chicago (and Yale, Princeton, Cornell, Columbia, Stanford, Tulane, SMU, Vanderbilt, Emory, Duke, etc.) or whether this has to do with institutions about which I know very little like the “University of Phoenix” or similar mass-marketing projects—the President of the United States has no power to enter an Executive Order such as described herein below:

Obama Cracks Down On For-Profit Schools That Prey On Veterans

By Mary Bruce | ABC OTUS News – 

In front of thousands of service members, President Obama today signed an executive order aimed at protecting veterans from for-profit educational institutions trying to “swindle” and “hoodwink” them instead of providing the education they deserve.

Speaking to the Army’s Third Infantry Division at Fort Stewart, Ga., the president, with his wife at his side, described how some for-profit institutions target veterans, bombarding them with emails and phone calls, promising advanced degrees and future job placement.

“You’re dealing with folks who aren’t interested in helping you.  They’re not interested in helping you find the best program.  They are interested in getting the money.  They don’t care about you; they care about the cash,” he said. “That’s appalling.  That’s disgraceful.  It should never happen in America.”

The order, part of the president’s ongoing “We Can’t Wait” executive action campaign, is intended to crack down on these improper recruiting practices and to strengthen student protections for veterans.

“The executive order I’m about to sign will make life a whole lot more secure for you and your families and our veterans – and a whole lot tougher for those who try to prey on you,” the president said.

The order requires colleges that participate in the G.I. Bill program and the Department of Defense’s tuition program to provide veterans with the “Know Before You Owe” form, a document that outlines the financial aid available to student and how much debt they will likely take on.

The order also directs the Department of Veterans Affairs to trademark the term “G.I. Bill” to prevent educational institutions from fraudulently marketing their programs to beneficiaries of the program.

While members of Congress have introduced legislation to address these same issues, today’s action was intended to cast Obama as a take-charge president willing to circumvent gridlock on Capitol Hill.

http://news.yahoo.com/obama-cracks-down-profit-schools-prey-veterans-234203210–abc-news-politics.html

If, indeed, “today’s action was intended to cast Obama as a take-charge president willing to circumvent gridlock on Capitol Hill” it should more properly be characterized and denounced everywhere as the act of an unprincipled economic dictator who despises democracy and loathes the democratic process.   I hope that I will live to see Obama punished severely in a Court of Law, with processes and judgments far fairer and more just than those he presides over.   I hope that when Obama is arrested, he will be informed of the charges against him and allowed to consult with any attorney or counselor of his choice, that he will be indicted fairly by a Grand Jury not controlled by any United States Attorney or any prosecutor, whose deliberations are not only public but open and interactive with the will of the people, and that Obama will be tried by a jury of literate citizens who understand both the law and the constitution, and sentenced by that same jury and not some political hack appointee, a formerly successful high dollar real-estate lawyer or U.S. Attorney who decides to don a robe and take a pay cut in exchange for absolute power and immunity.  In short, I hope that Obama will be arrested, charged, prosecuted, and sentenced for his treason against the Constitution in a resurgent, rennaissant America which has thrown off all of the terrible laws and customs which Obama is imposing, including of course, but not limited to the National Defense Authorization Act which allows for indefinite detention without charges even of American Citizens—whether Obama deserves fully to belong to that highly diverse and privileged population of the human race, or not….

Dombrowski v. Pfister Anniversary Day (Decided April 26 1965)(Occasionally the Warren Court got it absolutely right….ok, it hurts to say that, but it’s true….)

New Orleans in the early 1960s was not really a hotbed of liberal activism, but I suppose it was a more comfortable place for the ACLU to set up shop than, for example say, Oxford, Mississippi or smaller counties.  New Orleans District Attorney (later Appeals Court Judge) Jim Garrison and many others from “the big easy” certainly took a dim view of their activities and they regarded (possibly correctly) the ACLU as a bunch of commie-pinkos determined to destroy and subvert the American Way of Life (ok, all doubts aside they were CERTAINLY correct about that, however….).

The Supreme Court was blatantly politically biased in favor of the ACLU and was on a political mission to reshape the South in the image of the Brave New World where nobody knows or cares about heritage or history.  In this, the Supreme Court has been amazingly successful.  The average American does not know enough history to follow historical hints on a crossword puzzle or play a historical trivial pursuit game, much less to learn from the lessons of history to prepare for the future.  

But in 1965, to protect the ACLU and its allies from prosecution at the hands of Jim Garrison and the staunchly Anti-Communist Louisiana State Legislature, the Supreme Court did a marvelous thing: it allowed the United States District Courts to enter injunctions against State Proceedings in violation of the Constitution and Bill of Rights. 

Today, almost everything that happens in State Court violates the United States Constitution and Bill of Rights, whether the venue is judicial foreclosure, judicial eviction, judicial dissolution of marriage, judicial domestic relations/child custody adjudication, or criminal prosecution.  President George W. Bush once (to this Country’s permanent disgrace) said that the Constitution was just a piece of paper.  The State Courts of my home state of Texas, onetime state of Florida, and currently adoptive state of California seem to use the Constitution as paper instead of Charmin or Cottonelle….  The state courts, in most parts of the United States in fact, are disgrace, so why are Federal Courts not enjoining their unconstitutional practices right and left?  Well, because the “powers that be” like it this way—it is so convenient to be able to sweep aside the Constitution through elected State Court judges and then have life-time appointed Federal Court judges just say, “don’t worry, that’s fine, you keep on doing whatever you want to do.”

For at least a dozen years now, I have been saying and in fact strongly advocating that Federal Courts need to use their supervisory power to a greater extent over the State Courts, because the State Courts have run amok, in so many different ways.   Various half-assed jurisprudential doctrines such as Rooker-Feldman and Younger v. Harris abstention, together with the evisceration of meaningful Civil Rights Removal pursuant to 28 U.S.C. §1443(1) and related illegitimate principles (utterly lacking in constitutional basis of any kind) such as judicial and prosecutorial immunity, coupled with a ferociously unfair application of res judicata and collateral estoppel, have made the State Courts all but absolutely and totally untouchable in every way.

All but absolutely:  two wonderful cases, Dombrowski v. Pfister, decided 47 years ago today (April 26, 1965) and Mitchum v. Foster, decided 7 years later in 1972, SHOULD have thrown the doors wide open to Civil Rights injunctive action against the abuses of the state courts.  Why this has not happened is, as is obvious to anyone above the age of puberty with an IQ in excess of 100, merely a matter of self-serving judicial politics.  The Lower Federal Courts have basically insulated the State Courts from review even though the Supreme Court said that they didn’t have to do so.

TO EVERYONE WHO CARES ABOUT FIGHTING POLITICALLY MOTIVATED CORRUPTION IN THE STATE COURTS, I recommend that you read and seek to resuscitate the life of Dombrowski v. Pfister (attached:   04-26-2012 Dombrowski v Pfister 380 US 479 85 SCt 1116 14 LEd2d 22 SCOTUS-April 26 1965) and Mitchum v. Foster (attached:  Mitchum v Foster 407 US 225 92 SCt 2151 32 LEd2d 705 [June 19 1972]).   The middle member of this trio of cases is Younger v. Harris and you needn’t worry about studying this one: if you sue to enjoin a State Prosecution, the State will immediately cite Younger v. Harris and quote it at length.  The analysis will be yours whether YOUR situation compares most closely with Dombrowski v. Pfister, an anti-Civil Rights drama set in New Orleans in the age of Jim Garrison (of Oliver Stone’s JFK Fame, played by Kevin Costner) or Berkeley during the “Summer of Love” (the setting for Younger v. Harris).  Unfortunately, most of the US more closely resembles Mississippi Burning at present than any other historical movie—the only difference is that all people, whites, black, browns, and reds, are being suppressed and deprived of their constitutional rights without regard to race, creed, or color, and the Courts are going along with this, pretty much unquestioningly.  It is up to the people to demand that the suppression of rights and the Congressional, Executive, and Judicial Suspension of the Constitution end now.  Following and building upon two of the Warren Court’s finest legacies would serve us all well now….

A University of Virginia Law Review Article also provides a useful perspective on these case: 74 Virginia Law Review 1141 The Ideologies of Federal Courts Law 1141 as does a distinct article from the Indiana Law Review published ten years later: 32 Indiana Law Review 71 Federal Power to Commandeer State Courts 1998 and one published at Yale just the year after Dombrowski v. Pfister was decided, in 1966: 75 Yale LJ 1007 *1966* Theories of Federalism and Civil Rights.

Happy Saint George’s Day!

First on a personal level, to my son Charlie, to his mother Elena and grandma Nina in memory of Charlie’s uncle, Elena’s brother, Nina’s son, and my brother-in-law George,

then to my “Extended Family” of all the true Christian people of England, Greece, Aragon, Catalonia, Portugal, Malta, Serbia, Romania, Russia, Lithuania, and Ukraine, and to all their descendants in the Americas or Australia, South Africa, Iraq or India, to all militant Christians everywhere, and to every Church, Convent, and Monastery dedicated to or named after the great dragon-slayer as patron,

but especially to my old parish Church Saint George’s, with its new organ and very old Louis Comfort Tiffany stained-glass windows, most of which survived Hurricane Katrina, at 4600 Saint Charles Avenue in New Orleans 70115 (just Uptown-Riverside west of Napoleon between Cadiz and Valence)

I send greetings and wishes for a Happy but above all Victorious Saint George’s Day!

True, it appears that Marine Le Pen did not quite slay the dragons of socialism and alien invasion in France in the elections on Sunday.  It would have been awfully nice if she had made it into the runoff.  But instead, Socialist Francois Hollande and “NeoCon” Gaullist Nicolas Sarkozy will compete for her voters…and perhaps the Front National will be a necessary part of any coalition government in France from now on.  I continue to respect the French and to pray for their continued leadership in fighting globalism and transnationalism.  

For his part, Sarkozy is a true Global ethnic mishmash exceeding even the “shake-and-bake” spirit embodied in the U.S.’s own Kenyan Kansan by way of Indonesia and Hawaii Barack Hussein Obama—Sarkozy is a Hungarian Aristocrat-Ottoman-Greek-Jewish-French Catholic hybrid….  I’m not saying that Sarkozy is a dragon or anything…. but

Happy Saint George’s Day to all who believe in the words of Christ from the Gospel of Matthew 10:34-39

Think not that I am come to send peace on earth: I came not to send peace, but a sword. For I am come to set a man at variance against his father, and the daughter against her mother, and the daughter in law against her mother in law. And a man’s foes shall be they of his own household.  He that loveth father or mother more than me is not worthy of me: and he that loveth son or daughter more than me is not worthy of me. And he that taketh not his cross, and followeth after me, is not worthy of me. He that findeth his life shall lose it: and he that loseth his life for my sake shall find it.

This, in my opinion, is the Spirit of Saint George’s Day, and of All Saints Day, of Ash Wednesday and Good Friday, of “Patriot’s Day” April 18, last week, and of July 2-4 (respectively “Vote and Decision to Independence Day” [July 2 was Benjamin Franklin and others favored as the U.S. National Holiday] and Signing of Declaration Day in Philadelphia 1776), and July 14 (French Bastille Day).  The French have a long and particularly strong tradition of political Dragon Slaying, I think—-it may be time for such things to happen to wipe out the current “Ancien Régime” in Washington and New York, for example… A really and truly Happy Saint George’s Day!

Vive La France! Vive Le Front National! Vive Marine Le Pen! (J’espere que les Peuple Francais diront “OUI” “Nous Aimons Notre Liberte et Notre Identitee Europeenne”

By the time I was three or four my mother had taught me a réciter les jours de la semaine en Francais:

La semaine au lundi commence,

Et le mardi l’ouvrage avance;

Ensuite vient le mercredi,

Le jeudi, puis le vendredi

Le samedi comble nos vœux,

Et dimanche nous prions Dieu.

Ce dimanche je prierai ici a California que les Francaises tous diront “OUI, MARINE LE PEN, ENCORE et TOUJOURS NOUS AIMERONS NOTRE LIBERTÉ et LA CIVILISATION des NOTRES AIEUX, et AUSSI, au MEME TEMPS, NOUS AIMONS NOTRE IDENTITÉ en TANT que LIBRES et VAINQUEURS CHRÉTIENS, CITOYENS FRANÇAISES et EUROPÉENS!”