Category Archives: Constitutionalist

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Rick Tyler on the Threats of Negative Symbolism in a Free Society

» Dealing With the Swastika and the KKK | Tyler for Congress

Source: Dealing With the Swastika and the KKK

State vs. National Citizenship—the Fourteenth Amendment, Section 1 must be Repealed—Time to Bite the Bullet, Folks!

Donald Trump has won a lot of national support for his position that “anchor babies” are not U.S. Citizens.  https://www.yahoo.com/politics/birthright-citizenship-where-the-2016-127093585661.html

Despite their appetite for socialism and socialist engineering of U.S. Demography, I think it is fair to say that few if any the Radical Republican Framers of the Fourteenth Amendment ever dreamt of or envisioned a situation where millions of “huddled masses” and “wretched refuse ” types of people would come to America just to have babies to enroll in schools and obtain other welfare entitlements. 

No, the purpose of the Fourteenth Amendment was to create a national standard for citizenship and civil rights, and to abolish the notion that the States of the United States were equivalent to the “States” who obtain membership in the United Nations.  

State citizenship was the weakest point of Cousin Abraham’s Northern policy during the War:  while many Radical Republicans wanted to call Robert E. Lee and Jefferson Davis, and every other Confederate Officer and Politician, a “traitor”, these charges simply would not stick for one single reason.  From 1776-1868, the individual states were the ones which established and determined citizenship, and so Lee was right to think of himself as a Virginian (about a 10th or 12th generation Virginian, in fact) by both the doctrines of ius solis and ius sanguinis.  Jefferson Davis might have been born in Kentucky, but he was a “naturalized” Mississippian.  Pierre Gustave Toutant-Beauregard was a 6th or 7th generation Louisianian, like Lee, either by ius solis or ius sanguinis

So Lee and Beauregard were unquestionably citizens of their own home states, and NOT of the United States.  They might have been employed in the armies of the United States, or, like Davis, also officers of the United States Government in its legislative (Senate) and Executive Branches (where Davis was Secretary of War).

But by every pre-War understanding, the Confederate leaders were not CAPABLE of betraying a Country WHICH NEVER EXISTED.  Like the States they belonged to, the Confederate Leaders could resign from the service of the Union, but in no legal or moral sense could they be called “traitors” to it, because (at least before 1868) the UNION WAS NOT A SINGLE SOVEREIGNTY.  Yes, indeed, quite simply, there WAS no such thing as “United States citizenship” prior to the Fourteenth Amendment—just a very generalized “American” citizenship which dependent on the collaboration and contribution of the ratifying states.  And that is why “Birth of a Nation” (by D.W. Griffith) was so correctly named: a collection of closely cooperating and allied free nation-states (small Jeffersonian Democracies) went to war with each other in 1861, and they were, afterwards, at gunpoint, forced into one single new country.

This was the debate that framed Barack Hussein Obama’s Presidency—so long as he could convince (fool?) a majority of the people into believing he was born in Hawaii, he was eligible, under the ius solis doctrine of the 14th Amendment, to be President.  But if a ius sanguinis standard should be applied, Obama’s rather famous Kenyan father stood as an absolute obstacle to his eligibility.  So as Dinesh D’Souza had shown in his brilliant movie Obama 2016, Obama’s goal as President was absolutely to abolish both the identity and nature of American society and culture.  Now the 44th President effects this transformation largely through emotionally manipulative lies and psychological manipulation, rather than democratic process or law.

But, indeed, the language of the Fourteenth Amendment’s “citizenship” clause is clear enough in making “soil” more important than “blood,” and has been consistently applied by the Supreme Court for over a hundred years to mean that literally anyone born in the United States, for any reason, automatically is an American Citizen.  This is obviously a disaster for the Country and many have written about it, including the mad Texan elf of Clearwater, Florida, Robert M. Hurt, Jr.:

Trump Is Right: Anchor Babies Do Not Rightfully Become US Citizens

http://bobhurt.blogspot.com/2015/08/trump-is-right-anchor-babies-do-not.html

What Hurt proposes is essentially changing the law by reinterpreting the law, and this often does not work so well—and could in fact be described as the source of much of modern America’s woes—allowing the Supreme Court to say that night is day and day is night is getting old, 62 years after Earl Warren became Chief Justice, 113 after Oliver Wendell Holmes brought Massachusetts “progressivism” to the Court, paving the way for the New Deal for whose eventual triumph (through popularity over constitutional rigor) Holmes might be considered a kind of Prophet….

Among Holmes’ most famous pronouncements is that, “an experiment, as all life is an experiment” (Abrams v. United States, 250 U.S. 616, 630 (1919)).  Allowing, or even encouraging, population replacement—the “Browning of America”—is among the left’s favorite long-term social goals and experiments, and (admittedly) all of us who oppose the Browning of America are classified by Salon.com, the Huffington Post, and the New York Times, among others, as vile racist reactionaries. 

But I can live with that.  As far as the way out, though, as far as how White America can preserve itself, I don’t think that verbal games such as Robert M. Hurt, Jr., Donald John Trump, and many others will work.  

No, I always prefer dealing with issues directly and in taking a “full-frontal” approach.  The Fourteenth Amendment resulted from a massive war of Centralization of Power.  The only politician in MY LIFETIME who ever addressed the problem directly was San Diego Mayor and later California Governor and Senator Pete Wilson: who directly advocated repeal of the citizenship clause of the 14th Amendment during the 1980s.  He is almost totally forgotten now, but when I was in Law School, I remember thinking his approach was sound.  Repeal of the Citizenship Clause would be clear statement that unlimited immigration and population replacement via “anchor babies” is and ought to be intolerable.

People don’t realize it, but prior to the War of 1861-65 between the North and the South, MANY NORTHERN STATES if not most of them, DENIED CITIZENSHIP of any kind to blacks.  (the last state to have such a law was Oregon, which literally made it simply illegal to “be a negro” in the State of Oregon— to enter the state at all, under any pretext, was cause for imprisonment, fine, and immediate removal to the state lines upon release.

While “the Underground Railroad” was very famous, you might ask yourself, “if Abolitionist sentiment was so strong in the North, (a) why was the underground railroad “underground” and (b) why did it end up in Canada?  The answer is that since Northern States had enacted “no black citizenship” laws, being “free” in most places meant nothing. 

The way history is taught and discussed in modern America, it’s not always quite clear, but Chief Justice Roger Taney, in Scott v. Sanford was actually adopting a MERGER of both the Northern and Southern positions in his (plurality against Freedom for Slaves by Crossing State Lines) decision in 1857 (every Justice on the Court rendered a Separate opinion in that case). 

Justice Taney said that no negro could ever be a citizen of the United States.  So he was ALREADY (by usurpation) establishing a Federal rather than a state standard of citizenship—THAT IS WHY THE FOURTEENTH AMENDMENT WAS ENACTED—the whole War Between the States and 13th, 14th, and 15th Amendments to the Constitution can be considered an effort to Overrule the “Dred Scott” ruling— but what many people forget is that Taney had already taken the critical first step by attempting to impose NORTHERN standards of Citizenship NATIONWIDE— ironically, this ruling (if it had been allowed to stand) might well, would almost certainly, have had the bizarre effect of “outlawing” or depriving tens of thousands of free (and many slaveholding) blacks in Louisiana of their citizenship, professional licenses, and right to vote. 

So the real problem was Taney’s (1857, pre-War) judicial “stealth” transition from allowing STATES to determine Citizenship to his rather clumsy attempt to impose a NATIONWIDE standard for citizenship.  The Fourteenth Amendment was the “Radical Republican” answer to this. 

Ironic, isn’t it?, that when properly understood, the Fourteenth Amendment was just as oppressive to the Northern States as to the Southern States.  Northern States could no longer ban black people. (Although the remarkable State of Oregon did not repeal it’s African-exclusionary laws until 1926, and only ratified the Fifteenth Amendment until the centennial of that State’s admission to the Union in 1959)(Oregon’s 1844, pre-state, pre-war position on slavery was that all blacks, free or slave, should be whipped and lashed twice a year until they left the territory).

Former California Governor Pete Wilson, by contrast with both Roger Taney and Donald Trump, understood that and would have returned to the individual states the power to determine citizenship by repeal of the “birth clause” of the Fourteenth Amendment.  One can easily imagine, almost too easily, how permitting the states to determine citizenship would be nearly equivalent to allowing secession—because Hawaii, for example, could pass a law decreeing that no “Howlees” (i.e. Anglo-Saxon or other European Whites) could ever be citizens of Hawaii—and so effectively dissolve the ties between that improperly annexed Island State and the rest of “the Union.”  (Hawaii currently has the most radical and politically “real” and active secessionist movement in the USA).

Even if the States COULD determine citizenship, the balance of the 14th Amendment still protected everyone “subject to the jurisdiction” of the United States with regard to Civil Rights…. so even if there were no “national standard for citizenship” there could still be a “national standard for civil rights.”
 

Robert Edward Lee’s Birthday—this Janus Faced Holiday—Why it Matters that Love Makes Memory Eternal

Brooksville, Hernando County, Florida

The Confederate Soldiers of 1861-1865

My son Charlie (Charles Edward Andrew Lincoln IV) and I used to celebrate this day every year….he’s grown up and is pursuing his own Law Degree at a distinctly proletarian law school (“Texas A & M in Fort Worth”), and I guess he feels weighed down by social pressures not to waive the same flags and carry on the same battles as his old man.  He has quite a collection of both history books and flags, I guarantee you that.  So far as I know, he’s never been to the White House in Washington, but he has been to Beauvoir, last home of President Jefferson Davis, in Biloxi, Mississippi.  The Confederate Soldier—a humble man not wearing a real army uniform carrying the rifle he used back home to hunt rabbit and deer, apparently is not a potent symbol for career development in modern America.

United Daughters of the Confederacy---50 years after the War

Love Makes Memory Eternal—

Love and Memory seem to me the key elements missing from modern lives and conventional history.  Well, truth and objectivity is pretty much missing, also….but without love and memory, who is there to enforce more than the one hateful version which supports the present Administration as a Marxist power-play to abolish private property and render us all slaves on a government plantation, once and for all? (http://townhall.com/columnists/starparker/2009/02/09/back_on_uncle_sams_plantation/page/full)(http://www.unclesamsplantation.com)
The story of the American War of 1861-1865 is very complex and very confusing.  Was it the Second American Revolution against Centralized Government and Oppression/Suppression of the Constitution, as the CSA President Jefferson Davis said in his “retirement” in Rise and Fall of the Confederate Government (1881) (http://www.amazon.com/Rise-Fall-Confederate-Government-Volume/dp/0306804182).  
Most would agree that “the War Between the American States” is best understood as the first “Modern” war in a great many ways: culturally, economically, politically, technologically, and socially.  The way the history is taught in American Schools—this war, under the false name of “The American Civil War” (if deciphered thoughtfully), is truly the story of the first of three important Marxist-inspired wars designed to cause and implement social change.  This year is the sesquicentennial of the bloody ending of that war.  There have been a lot of reenactments and books and conferences.  
I think of Isaiah 59:

Their feet run to evil, and they make haste to shed innocent blood: their thoughts are thoughts of iniquity; wasting and destruction are in their paths.

The way of peace they know not; and there is no judgment in their goings: they have made them crooked paths: whosoever goeth therein shall not know peace.

Therefore is judgment far from us, neither doth justice overtake us: we wait for light, but behold obscurity; for brightness, but we walk in darkness.

10 We grope for the wall like the blind, and we grope as if we had no eyes: we stumble at noon day as in the night; we are in desolate places as dead men.

11 We roar all like bears, and mourn sore like doves: we look for judgment, but there is none; for salvation, but it is far off from us.

Accordingly, during Most of the 20th and all of the 21st Century the war is not taught as anything but a war against Slavery.  The history of the period 1861-1865 is not remembered as the time when the U.S. Department of Agriculture was established to standardize agriculture nationwide according to the Communist Manifesto published so recently in London.  
Nor do our schools teach Cousin Abe’s War as the war during which the President illegally established the very first American Income Tax, also mandated by the Communist Manifesto of February 1848 (just 13 years and two months before the War broke out in America) or the War during which the Sixteenth President illegally re-established the National Banking System which Andrew Jackson had abolished. (Nor is it noted that Centralized, Nationalized or Internationalized Banking lies at the heart of the Communist Manifesto and Program).  Our schools likewise mostly omit mention of the First Republican President’s (1996 AEDPA, 2001 Patriot Act, and 2009 NDAA Predecessor) suspension of Habeas Corpus, the suppression of Freedom of Speech, and the accompanying the mass hangings and fixed elections which permitted Cousin Abe to win the war against his cousins, who were my direct ancestors.  It is indeed a short trip from what the First Republican President did to the Constitution during his first term, to what Newt Gingerich and his Republican Majority did to the Bill of Rights in 1996, what George W. Bush did after 9-11 in 2001, and what Obama has done to both the Constitution and the Bill of Rights in 2009-2015….it’s a straight line progression, with very few hesitations or hickups along the way….. you might even call it “the Highway to Hell.”……
United Daughters of the Confederacy

The Battle Flag and the Historical Frame

And it’s just way too confusing to have to admit that the Native American Cherokee, Choctaw, Chickasaw, Creek, and Seminole Tribes all together, but especially the Cherokee and Creek, fought on the side of the Confederacy, in part because Native Americans had traditions of slavery that pre-dated the Spanish Entrada of De Soto and the Foundation of Sir Walter Raleigh’s Colony of Virginia in the Sixteenth Century.  But in part because the Southern Tribes had survived, albeit displaced, where none of the Northern Tribes had survived at all, from Massachusetts and Maine all the way to Michigan and Minnesota….
Hernando County, Florida

Mixing Memory and Desire in the isolated backwaters of Florida, in June of 1916

Of what value are the stories of the wounded and dead on bloody battlefields if we do not make it all a part of our own blood, soul and acknowledge our kinship with the fallen heroes? 
 This Confederate Monument stands in front of the Hernando County Courthouse in Brooksville, Florida, where I attended a celebration of Robert E. Lee’s birthday last night (Saturday January 17, 2015, even though Lee’s real birthday is on the Federal Holiday Celebrated on Monday….. a true Janus-like irony, looking past and forward).
Hernando County, Florida

17 January 2015 a modern band played on the Courthouse Steps

So Charlie, Do you remember how we used to celebrate in Dallas, Lago Vista, Galveston, and New Orleans?   Do you remember Jefferson Davis’ home at Beauvoir near Biloxi?  The Confederate Memorial Hall just off Lee Circle in New Orleans?  Do you remember taking Taylor to these places before and after Audubon Zoo Camp and then to the Battlefield Monuments at Vicksburg?  The Mounds at Poverty Point or the Houses in Natchez and the Natchez Trace Parkway up to Shiloh? That was all in the summer of 1999.
What the world needs now is renewed faith and divine guidance so may God Vindicate Historical Truth—Deo Vindice!!!
We need to remember Robert Edward Lee’s sterling personal integrity—and is it rude to ask how his politics or personal integrity compares with that of Dr. Martin Luther King, Jr., in whose honor today is a Federal Holiday (http://www.martinlutherking.org/thebeast.html)
Even normally blindly liberal Salon.com covers these facts:
So what does January mean?  Like the Roman God from whose name this month takes its (little today considered) identity (since nobody reads Latin in School anymore), January is a time for looking backward in history and forward in time.  
Looking backwards: Robert Edward Lee represents, I suppose, “the old dead white man’s America”, the America of Thomas Jefferson, James Madison, Andrew Jackson, Jefferson Davis, Grover Cleveland, Woodrow Wilson, John Davis, Theodore Bilbo, Strom Thurmond, Sam Ervin, John Stennis, James Eastland, George Corley Wallace…..
Looking Forwards: Martin Luther King, Jr., represents “the new America, not white, not moral, basically communist”—well, that’s exactly the America Barack Hussein Obama, Jr., also wants…
Is the spirit of the humble Confederate Soldier crushed yet?  Charlie, my Whelp, what do YOU think?
Mixing Memory and Desire

Not Generals, Not Politicians, but Rural Enlisted Men who Fought and Died…for the Constitution? Freedom? Their homes?

Do Dead Lawyers Lie Still?—Attorney-Client Privilege and its Oxymoronic Effect on “Legal Ethics”

Every truth is routinely denied and falsified, every lie is affirmed and promoted.  So as I, with Mephistopheles, so often like to state: “Ich bin der Geist der stets verneint, und das mit Recht, denn Alles was entsteht, Ist werth daß es zu Grunde geht.”

Montana State Representative (former State Senator, all-time great guy) Jerry O’Neil and I have spent many hours discussing the question: what IS it that a LICENSED ATTORNEY can do that really makes a license worth having?  I am a thrice disbarred attorney, basically a victim of political games played by evil NeoCons in Texas.  Jerry O’Neil has obtained a license to practice as an “advocate and counselor” from several Indian Nations, notably the Blackfeet, but he has never sought the license of any state.  If ETHICS were the sole test of qualifications to be an attorney—Jerry O’Neil would be recognized as one of the greatest of all time, in fact, he would probably at the very least be on the Montana Supreme Court.   

What Jerry and I have concluded, along with many other people, is that, in terms of functional definition, relatable to any part of the U.S. Constitution, a lawyer is a person who takes the First Amendment VERY SERIOUSLY and does EVERYTHING in the second half (non-religious) clause of the First Amendment routinely:  An attorney SPEAKS, he produces and uses the press (i.e. printed matter) prodigiously, he peaceably assembles with others, and, above all, he PETITIONS the Government (and other private citizens) for REDRESS OF GRIEVANCES.

But whereas the United States Supreme Court has found that there can be no licensing whatsoever for ANY aspect of religious practice (the first two clauses of the First Amendment) and has similarly said that there can be no “prior restraint”, i.e. censorship, of freedom of speech or the right to print anything at all, all branches of government, including the Supreme Court, have at least tacitly approved the licensing of attorneys.  

Even though the licensing of priests and preachers of the Gospel would never be tolerated under the free exercise and establishment clauses, even though the licensing of newspapers has throughout U.S. history been regarded as an abomination.  It DOES matter that the NDAA and Patriot Act have had a major limiting effect on America’s traditional freedom of speech, but my concern tonight, on this First Day of July and the beginning of the Second Half of the Year, is more parochial:

Is it at all legitimate that TWO of the few things lawyers can CLEARLY get by with doing, with more impunity and immunity, than anyone else (except President Obama himself) are TO LIE and TO KEEP SECRETS.

One of the more famous sources and/or manifestations of the lawyer’s ability to lie and keep secrets is known as “the attorney-client privilege.”  The basic idea, I think, is to encourage attorney-client candor, and to prevent a client from fearing to tell his attorney “the truth, the whole truth, and nothing but the truth” simply because the attorney (without the privilege) might have to tell the whole world.  This makes sense and is positive, but DOES IT REALLY MAKE SENSE and IS IT REALLY POSITIVE if construed as broadly as it seems to be in the modern world?  

Given broad construction, is the attorney-client privilege not an instrument of corruption in and damnation against society?

For example, imagine if you will an upper middle class Father, a doctor, a surgeon perhaps, who has voluntarily relinquished his paternal rights in court so as to avoid further liability for child support and his ex-wives’ attorneys fees.  This doctor has, in both form and effect, “sold” his daughter and permitted her adoption by her new husband, who is neither a professional nor anything like the biological father.   The doctor would now claim duress.  He would claim fraud and coercion.  In particular, though the doctor/surgeon claims that since he was not able to arrange a complete discharge of his (admittedly unfair, oppressive, possibly illegal, but nonetheless Court ordered and enforced) financial obligations, he should have his daughter back.

Suppose this doctor hires a socio-political advisor and consultant.  Suppose that the socio-political advisor and consultant concludes that the doctor/surgeon is unfit as a man or a father, or even to claim those names and titles.  Suppose that the advisor and consultant concludes that this man, the doctor/surgeon cannot possibly be a competent father.  Suppose that the private advisor and consultant concludes this only after spending a total of nearly four weeks with this doctor.  

Suppose that the consultant concludes that a man is unfit to be a father if that “man” turns out in reality to be a pusillanimous pup who (1) breaks down in uncontrollable tears at every discussion of his serious legal and social problems, (2) speaks more-or-less constantly of his fear of prison, his fear of suffering, and his desire for death, (3) elaborates graphically upon his suicidal ideation, (4) his plans for international flight, and/or digging a bomb-proof air-shelter or bunker in his front yard, (5) a man who is confused and distressed within the confines of his own financial, professional, and even his sexual competence and prowess.  

Suppose further that the advisor and consultant is also a socio-political advocate for the regeneration of Traditional American Values, including Christian sacrifice, individual responsibility and manliness.  SHOULD THIS SOCIO-POLITICAL CONSULTANT CONSIDER HIMSELF, because of the pendency of legal proceedings, to be bound in any sense by analogy with the attorney-client privilege?  In other words, should an advisor keep secrets or tell the truth?  Will society benefit more from a conspiracy of silence (which is one of the licensed attorney’s true “superpowers”) or from exposing reality?

Should the advisor REMAIN SILENT, OR SHOULD HE SPEAK OUT, and by way of an “intervention” of sorts, do EVERYTHING IN HIS POWER EITHER TO SHOCK THE DOCTOR/SURGEON BY PUBLIC SHAME INTO REFORMING HIMSELF OR TO PROTECT HIS (presumably) INNOCENT TEENAGE DAUGHTER FROM HER DEEPLY UNSTABLE, ONLY MARGINALLY MENTALLY COMPETENT FATHER?  

Is not “intervention” the approved means, an emotional shock therapy preferable by far to the electro-shocks or lobotomies so long administered by the sadistic practitioners of primitive psychology and psychiatry, of approaching an addicted or deranged person mired in psychological turmoil?  

Analogy: the confessional and penitential privilege, the web of hypocritical deceit and deception to which the attorney-client privilege is often compared, which was and still is one of the primary sources of and shields for the child-buggery, priest-pederastry scandals plaguing the Roman Catholic Church.  Given that Christ assured an eternal lake of fire for those who harm little children, and that priests are quite literally sworn as Christ’s fiduciary vicars, is the penitential privilege  not an intolerably inconsistent thing to be scorned, derided, and abolished rather than preserved?  

The root concept of justice, throughout history, has been to illuminate the dark places of secrecy and hidden lies with sunshine.  The Ancient Sumerians, when oppressed, are known to have rioted violently and en masse in ancient Iraq (4th-early 3rd Millennium Mesopotamia), when any person in that land cried out publicly “I UTU”—an invocation of the Sumerian name of the Sun God (UTU), the supreme god of Justice.  To demand sunshine was to allege a deep cabal of secrecy and hidden lies*** and the people of Ancient Sumer and Akkad apparently found such things intolerable.  They only wanted to live in the sunshine of truth (or so their cuneiform texts seem to suggest: Egypt, by contrast, seems to have been much more comfortable with cultural institutions built upon and treasuring values of hypocrisy, secrecy and lies).

Within the Roman Catholic Church (no other branch of Christianity enforces a celibate priesthood), the confessional-penitential privilege gave rise, over the past near millennium if not more, to countless generations of children who must have hated and feared their priests and the Church as true monstrosities.  The Catholic Priest child molestation scandals have now been going on so long they hardly make the news, but have we reflected sufficiently on the ethical lessons and analytical consequences? A CONSPIRACY OF PERMITTED SECRECY and PROTECTS LIES and LEADS TO HYPOCRISY.  

I suppose this goes also to the question of whether recent Moscow resident Edward Joseph (“Ed”) Snowden, U.S. Constitutional Attorney Glen Greenwald, and other “whistle blowing” internet disclosers (e.g. Julian Assange of Australia) are traitors or among the greatest American (and Australian) Patriots ever to live.  My own bias on and answer to that point may be evident in the way I phrase the question.  My only complaint about Snowden is that he disclosed too little too late….

Attorneys in America have become a cabal, an elite, who control society but do not, for the most part, administer justice at all.  In fact, for the most part, I would submit to you that attorneys BLOCK justice, and the attorney-client privilege is one of their tools for doing so.  

In discussing the entirely hypothetical above, suppose the political consultant asked a local attorney with parallel experience with the same doctor for her opinion.  Under the dogma of “attorney-client privilege”, one North Florida attorney (Beth Gordon) wrote dramatically regarding this scenario: 

“I certainly don’t wish to engage in any kind of discussion . . . , what kind of a parent  [SOMEONE MIGHT BE], or anything else like that. I take my ethical duties very seriously, and therefore don’t wish to engage in anything like this.  . . . As an attorney, you can be appalled by someone’s behavior. You may or may not know this however- you cannot then feel free to share and discuss what you know about the client.”  

OK, as I understand this statement, SO ONE OF THE FIRST RULES OF LAW, THE ATTORNEY’S CREED, IS ONE OF SECRECY, I.E. LEGALLY ENFORCEABLE CENSORSHIP AND REPRESSION OF TRUTHFUL SPEECH—NOT MERELY IN THE CONTEXT OF A TRIAL WHERE AN INDIVIDUAL’S INNOCENCE MUST BE PRESUMED UNTIL PROVEN GUILTY—AND THE WHOLE POINT OF HIRING A LAWYER FOR A TRIAL WOULD BE DEFEATED IF THE LAWYER COULD BLURT OUT: “HE TOLD ME HE KILLED THE VICTIM, YOUR HONOR, THAT’S WHY HE HIRED ME.”  

So, the ritual presumption of innocence in criminal proceedings requires some sort of discretion on the part of an advocate.

But when an innocent third-party is involved, a child, do the same rules apply?  I submit that advocacy is only legitimate when it seeks the truth, to maximize sunshine, and to hide nothing.

I cannot help but wonder where Glen Greenwald would stand on this question.  I know he would violently (or perhaps non-violently, but vehemently) oppose compelling attorneys to reveal-client secrets in order to obtain convictions for terrorism—he is already on the record for this.  But those who defend American victims of denial of due process are presumably, at least in large part, defending people who are “actually innocent” of terrorist acts even though they may be “guilty” of hating America, and all that America has come to stand for, which is, after all, a gigantic culture of hypocrisy and lies.

Anthropological linguistics teach us that language is symbolic communication and that symbols are inherently abstract and hence, by definition, removed from the “reality” they describe.  So all language and all expression requires and demands deception of a sort: but is the purpose of law and litigation to protect the guilty or the innocent, and to maximize truth or to protect lies.  Lawyers seem to exist, in large part, to maximize protection for the guilty and to secure lies their “rightful place in the domination of world history”.

And in closing, I categorically deny that this is “sour grapes” on my part. I am NOT actually thinking about how the Austin, Texas based Admissions Committee of Western District of Texas in 1997-8 protected the one or two carefully selected and manufactured witnesses who testified in private, behind closed doors, with no recordings or transcripts, only committee summaries, from any cross-examination by me or my attorneys throughout the “Disciplinary Procedures” ordered by Judge James R. Nowlin against me. Or actually, they were protected from cross-examination until their testimony had been sufficiently rehearsed to be credible.  This was indeed an example of secrecy guaranteeing the efficacy of lies, but it goes back much farther than that.

 Rather, it is in memory of a Great-Grandfather of mine, known as “Judge Benny” who was a Louisiana Judge of impeccable albeit local reputation in Shreveport and Natchitoches who (at least according to family legend) had a knitted or crocheted and framed textile on the wall of his chambers which said, in a grand Louisiana tradition of cynicism, “Dead lawyers Lie Still.”

***It is Utu’s Akkadian-Speaking Eastern Semitic Successor Shamash who greets the Babylonian King Hammurabi and hands him the sacred laws, or pronouncement of laws, atop the Stela removed from Susa to Paris and now resident in the Louvre in Paris (with exact replicas at the Oriental Institute at the University of Chicago and the magnificent Pergamon Museum in Berlin).  The Greek Apollo, tragically, acquired very few of the characteristics of  the Near Eastern Sun God of Justice—Apollo was more known for his sarcastic gifts mixed with curses (e.g. Cassandra’s true power of prophecy coupled with universally inaccurate disbelief) and any real justice or fairness.

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.

The Impossible Dream…

The Impossible Dream….

Is restoration of a Constitutionally Limited Government in America an Impossible Dream?  Is there any way that we can right the unrightable wrongs against freedom and individual autonomy that have been done in the name of “progress”, “protection,” “public safety” and “security?”

If such restorations and rectifications indeed lie out side of the realm of the possible, I still agree with this song that it is better that we dream of such things and “be willing to march into hell for a heavenly cause”, than that we let our dreams die in peaceful and quiet despair….

I confess that the discovery of Obama’s Executive Order 13603, entered last March 16, 2012, has had a profound effect on me.  I think that almost all of our OTHER struggles are hopeless and in vain now, until we can start overturning some of these terrible perversions of executive power into dictatorship….

They say that Rock Hudson and Jim Nabors were gay lovers, and if so, who cares?  They were quiet and civilized about it and it doesn’t diminish one bit the fact that Jim Nabors has a beautiful voice and performs this stirring song of idealized knighthood and heroic dreaming far better than Peter O’Toole managed during his otherwise masterful performance as the Knight of the Woeful Countenance in the movie “Man of La Mancha.”

Was the world really a poorer place when people kept their eccentricities private?   Freud taught us that guilt lies at the very foundation of civilization and civilized life—I don’t know whether that’s true or not—I find a lot of Freud’s notions bizarre and anthropologically/historically untenable.   But in its milder forms of modesty and keeping our private lives private, is “guilt” really such an awful thing?  My long-term assistant Peyton went up to San Francisco about a year ago for a vacation and found himself in the middle of a “gay pride” day.  The stories he told me about what people were doing in the streets were not something that would make me proud (gay OR straight).   Sigmund Freud may have been a Jew and Henry Ford may have hated Jews, but isn’t it odd how they both promoted the culture of “instant gratification” and constant change in lifestyle and behavior of all kinds which culture has come to dominate our world?