Tag Archives: abolition of private property

Collectivization of Debt is Communism in Action: Republicans are Moral Lepers (the Republican House Majority in Florida has just passed HB 87, approving expedited foreclosures and insulating false securitization from effective challenge or review)

CONTINUING THE DEBATE BETWEEN BOB HURT, MYSELF (CEL) MALCOLM DONEY, & MELINDA PILLSBURY-FOSTER

Bob:
Without attempting to address everything you write, or even everything you wrote in your reply to Malcolm Doney below, regarding Florida HB 87 (04-30-2013 Florida House Bill 87 Just Passed—Communist Dream of Abolishing Private Property Marches Forward).  Florida HB 87 degrades due process of law in the taking of property below “rational basis” review to no effective review at all…. any deprivation of private property should be treated, quite literally, with the same seriousness as a death penalty.  Furthermore, by its expedited provisions, HB 87 will prevent all but the most prepared homeowners from mounting any sort of defense to a foreclosure suit at all.
HB 87 permits (encourages) banks to hit weak people at their weakest when they are down and hits them hard.  At a time when the system should be extending every possible allowance to the “little guy”, the small time investor or single-family homeowner in economic distress, HB 87 makes sure that the fight (actually the sacrificial execution) of the homeowner will be swift but brutal.  Summary foreclosure, summary evictions, the all permit the claimants to hide behind judicial procedures of expedience to avoid close scrutiny of their deceits and prevarications in pretense of compliance with the law—THAT is why the requirements of HB 87 are themselves dissembling and dissimulating of the true purpose: the goal is artificially to stimulate the economy by pretending to put more houses on the market.  HB 87 is revolting!  Republicans (at least in Florida) are really and truly MORAL LEPERS.
         For family, home and freedom in America, the foreclosure crisis, and securitization of mortgages, is effectively a slow death penalty.  I am appalled and shocked that the Republican Controlled State House in Florida has passed HB 87:
             I think you basically have sold yourself out to the collectivist mentality, in that you see no injury resulting from securitization. As I wrote earlier: despite your citations to Black’s Law Dictionary and your occasional assertion of the notion of sovereign citizenship, you no longer adhere to the Anglo-American common law (and indeed the Ancient Roman civil law) notions of private property, originating in private contract, and I think this is a terrible “shame on you” and your contributions.  You have championed the “sovereign citizen” movement, but in betraying the doctrines of holder-in-due-course and privity of contract, you betray one of the most basic precepts of sovereign citizenship: the right to choose with whom you deal and associate.  Socialization of debt by securitization deprives the individual of his freedom of choice of business associates.  
Such things are always justified as “cost saving measures”, but they infringe to violently and directly on our individual autonomy.  Surely you would agree that we have the right to choose our friends, especially our mates in marriage with whom we may spend upwards of 20-30 years, am I correct?  If you agree with this proposition then you should agree that each man and woman has a right to choose his business partners in the same way, OR ANY OTHER PERSON WITH WHOM HE OR SHE WOULD CHOSE TO DO BUSINESS.  
This freedom of choice surely includes the more important obligations we assume: marriage is a great example of an open ended series of interactions and obligations, but so is entering into any business partnership, including a partnership based on investment, in which one party lends another the funds to start a business or purchase a house with repayment planned over 30 years. The famous Christmas movie “It’s a Wonderful Life” illustrates the ideal of lending as partnership. When Frank Capra’s movie was made, in 1946, even just after World War II, the Federal Reserve system had already extended its tentacles everywhere, into even the banks of small town America, so the story was already anachronous to the reality of modern life—UP TO A POINT.
But even as a child, growing up age 6-12 in Dallas, I knew my grandfather’s bankers as family friends and neighbors.  They went to the same churches, they walked and swam and boated in the same parks as we did. Those bankers had extended my parents personal letters of credit to live in London starting when I was six months old….The Astons who own and ran the Republic Bank of Texas in Dallas and the Dullworths and McKnights who ran First National Bank were real people.  Everybody in Dallas knew everybody else on a first name basis….no one wanted national banks that crossed state lines—everybody knew what the consequences would be: destruction of freedom.
Their kids went to the same school I did.  The adults entered into real contracts which were carefully negotiated with lawyers who were also our neighbors.  When my grandfather wanted to start a new line of products or buy a new building, he visited them and discussed his plans in detail.  Where is that kind of banking today?  Republic Bank of Texas and First National Bank are long gone, absorbed by Bank of America and JP Morgan Chase, respectively.  No one has any idea who is really in charge of these banks and in fact, no one is, because they are merely bureaucratic appendages of the government.
Because of the effective nationalization and government takeover of the national banks, loans are allocated by government policy discussed behind closed doors at the Federal Reserve Board these days—they try to encourage certain actions and discourage others by liberal lending and greater or lesser taxation.  The impose nationwide CONTRACTS OF ADHESION that even small industrialists like my grandfather would have no power to negotiate anymore at all—this is the ultimate fruit of securitization—we have no freedom of choice anymore.  We have been deprived of our local control and autonomy in the interests of streamlining the economy—of maximizing leverage and debt in the hands of the central bankers—this is not injury?  This is the destruction and death of freedom….
You have always been very good to me and I hate to be critical, but you are as profoundly wrong as you can possibly be when you write:

1.  The Ponzi scheme to which you refer (securitization) does not concern or injure the borrower, and that’s why courts across America have consistently ruled against securitization arguments in foreclosure defenses. 

Collectivization of debt can only be permitted or exist in a world where private contract and private property have both ceased to exist. Florida HB 87 facilitates the abrogation of private autonomy without due process of law by demeaning private property acquired by contract to a level of an epiphenomenal set of rights, hardly worthy of the true status which ownership of private property enjoys as one of the Carolene Products, Footnote 4, specifically enumerated rights, deprivation of which is subject to the highest, strict level of scrutiny.. So the securitization of mortgages is the abolition of private property.  The Individual is either the sole owner of her/his life or s/he is not.  There are no shades of gray here.  “Limited Sovereignty” is an oxymoron here. 
In short, Bob, what you fail to realize is that Securitization constitutes a license arbitrarily and capriciously (1) to impair and in impairment of the rights and obligations of contract, in violation of Article I, Section 10 (see this old 1922 Law Review Article: http://scholarship.law.marquette.edu/cgi/viewcontent.cgi?article=4859&context=mulr), (2) to take private property interests without due process of law when those property interests are secured and guaranteed by contract, in violation of the Fifth and Fourteenth Amendments, (3) to infringe if not violate the freedom of assembly and association guaranteed by the First Amendment, (4) Securitization and in particular the amendments proposed by Florida HB 87 violate the Fourth Amendment “right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” and (5) the Ninth Amendment reservation of the right of the people to the enjoyment of the privileges, liberties, and immunities afforded to them in the Anglo-American common law tradition.
In short, I can think of nothing more pernicious than the effect that Florida HB 87 will have on the property rights of Floridians.
You need to wake up, Mr. Bob Hurt, to the fact that securitization (i.e. collectivization) of debt is just the Bush-Obama Communist Oligarchy’s most effective tool for eviscerating all the property and contract related provisions of the American Constitution, of the Common Law, and of the traditional rights and freedoms of the English people, passed on to us, their American Heirs.
Make no mistake—in condemning our resistance to securitization, you are aligning yourself with the goals of the Communist Manifesto of February 1848, and of all subsequent efforts to obliterate the sovereignty of the individual which you pretend so vigorously to support as a matter of highest principle.  Without the freedom to contract, in a world of contracts of adhesion with anonymous and unknowable, unreachable “supervisors”, we as individuals will cease to exist and our individuality will be obliterated in the collectivity of the Marxist anthill.

Charles Edward Lincoln, III

“Ich bin der Geist der stets verneint! Und das mit Recht.”

Deo Vindice/Tierra Limpia

In case of emergency call Inger Michelle Garcia, Esq.,

1-954-7461 or 1-954-894-9962, attorney@ingergarcia.com

Inger Michelle Garcia, Esq.                                                                                    4839 Volunteer Road; #514 Davie, Florida 33330

Cellular: (954) 394-7461; Tel.: (954) 894-9962; Fax: (954) 446-1635

Service E-Mail:attorney@ingergarcia.com

Think not that I am come to send peace on earth: I came not to send peace, but a sword. . . . And he that taketh not his cross, and followeth after me, is not worthy of me. . . .  

Matthew 10:34-39


De : Bob Hurt <bob@bobhurt.com>
À : malcolmdoney@comcast.net
Cc : Charles Lincoln <charles.lincoln@rocketmail.com>
Envoyé le : Mardi 30 avril 2013 21h34
Objet : Re: HB 87

Malcolm:apparently you read what I wrote to Charles about HB87.  It’s pretty simple really.  We are lucky in Florida that we don’t have a non-judicial foreclosure process, MAYBE.I have learned a lot since we met at the May 2008 Foreclosure Defense Seminar.  I’ll share a few points for your edification.1.  The Ponzi scheme to which you refer (securitization) does not concern or injure the borrower, and that’s why courts across America have consistently ruled against securitization arguments in foreclosure defenses.2.  The real problem of collusion between Clinton/Bush/Obama and Lenders which resulted in predatory lending and collapse of homeowner equities has not faced any day in court, and until it does, and the court rules against the lenders, no foreclosure court or trustee will consider the merit of the argument that “the lender caused the collapse of the value of my house and that’s why it’s underwater, and caused me to lose my job, and that’s why I couldn’t pay the mortgage.”  You can present the FCIC report and TRY the argument, but it will fail because no borrower can prove proximate causation.  I make the balance of my comments in light of this reality.3.  Foreclosures, as equity proceedings, deal with FAIRNESS.  It is hardly fair for a mortgagor to sign the note and mortgage, borrow and USE money, fail to pay accordingly, and then keep the collateral which the borrower agreed to forfeit in the event of default.  Every single judge knows this, especially the senior judges you love to hate for their rocket docket summary judgments.  So they have a natural predisposition to order the foreclosure unless the borrower can dispute the essential facts alleged the complaint.4.  Except when temporarily derailed by standing issues, or the borrower cross claims with valid causes of action (which virtually never happens), statistically ALL Foreclosure complaints EVENTUALLY succeed because in fact the borrower did default and must forfeit the collateral.   And they SHOULD succeed, for that reason.

5.  The ONLY defense against foreclosure lies in an offensive action against the original lender or lender’s agents for tortious conduct, contract breaches, or legal errors underlying the mortgage.  I have written about this till I’m blue in the face and NOBODY ever refutes it because it’s true.  If the borrower cannot show how the lender injured him, the borrower who defaults WILL LOSE THE HOUSE TO FORECLOSURE, as the borrower should.  Underlying causes of action give just reason to dispute the essential factual allegations in the foreclosure complaint.  For example “Yes I breached the contract, but the original lender breached it first, AND fraudulently induced me to take a loan for far more than the actual value of the property (etc).”

6.  Given the above realities, FORECLOSURE DEFENDERS engage in legal malpractice by fighting the foreclosure itself and failing to examine the mortgage for underlying causes of action.  Their victims should sue them.

7.  I gave cogent reasons for having no opposition to HB87 as I understand it.  Foreclosure plaintiffs should stop screwing around and start speeding up their process, and competent judges should hear and dispatch the foreclosure cases, particularly those with no dispute of the essential facts.

8.  If you had loaned someone $300,000 to buy a house, would you want the borrower to tie you up in court for years just to delay giving up the collateral?

Instead of getting angry with me, SHOW me where I’m wrong.

I have attached a totally bogus QWR from Neil Garfield, FYI.  Why bogus?  Because RESPA requires the servicer to answer ONLY questions related to the loan servicing, i.e. identifying what funds it disbursed to what entities.  It can ignore all other questions, and a lawyer like Neil Garfield should have known that instead of concocting such onerous nonsense as his qwr.

I also attached my recent blast against Garfield for his bogus securitization arguments, and included plenty of case law to show how bogus they are.  Also, here’s some more case law you might find useful.  Where am I going with this?  Virtually all foreclosure defense arguments other than standing issues or attacks against the causes underlying the mortgage WILL FAIL.  So why bother with them just to delay the inevitable?

QUIET TITLE CASES
“Plaintiff’s basis for claiming ‘better title’ is that securitization somehow altered her obligation to pay her mortgage. This argument is unrecognized in the law.” Herold V. One West Bank (D. Nev. 9-29-2011);
“A plaintiff cannot quiet title without discharging the mortgage debt. Aguilar V. Boci, 39 Cal.App.3d 475, 477 (1974) (“the cloud upon his title persists until the debt is paid”); Kelley V. Mortgage Electronic Registration Systems Inc., 642 F.Supp.2d 1048, 1057 (N.D. Cal. 2009).
Trusty V. Ray, 249 P.2d 814, 817 (Idaho 1952) (“[a] mortgagor cannot without paying his debt quiet title as against the mortgagee”); “Plaintiff’s quiet title claim is based on the argument that, as a result of securitization, the trust deed has been split from the note and, therefore, the deed of trust should be declared a nullity. This Court has repeatedly rejected this argument. Recently, both the Utah Court of Appeals and the Tenth Circuit Court of Appeals have similarly rejected this claim. For the same reasons stated by all of these courts, this claim must be rejected.
Winn V. Bank Of America (D.Utah 1-4-2012); “A quiet title claim seeks to extinguish interests in the property in favor of the interest of the plaintiff. Here, Plaintiff is seeking to extinguish the Trust Deed. ‘To succeed in an action to quiet title to real estate, a plaintiff must prevail on the strength of his own claim to title and not the weakness of a defendant’s title or even its total lack of title.’ Plaintiff fails to assert her own claim to title. She does not allege that the Deed of Trust was not validly executed or that she is not in default under the note. Accordingly, the court rejects Plaintiff’s argument and dismisses this claim.
Domingo V. Direct Mortgage Corporation (D.Utah 9-21-2011); “quiet title is not a remedy available to the trustor until the debt is paid or tendered. Plaintiff has not paid the loan amount, nor has Plaintiff alleged that he is ready, willing and able to tender the full amount owed. See Farrell v. West, 114 P.2d 910, 911 (Ariz. 1941) (refusing to quiet title until and unless the plaintiff tenders the amount owed, as required in equity). Instead, Plaintiff asks this Court to invalidate the claims of the beneficiary under the deed of trust. The Court will not indulge this inappropriate use of an action to quiet title; “Plaintiff’s argument that the assignment to U.S. Bank was void, and that U.S. Bank and MERS are not beneficiaries fails to support Plaintiff’s claim for quiet title. As discussed above, an assignment of a deed of trust does not need to be recorded in order to be valid, and under the terms of the Deed of Trust, Plaintiff was not entitled to notice of any such assignment.”
Frame V. Cal-Western Reconveyance Corporation (D.Ariz. 9-2-2011); “This appeal requires us to interpret the statute governing judgments in quiet title actions. The statutory language is about as straightforward as such language ever gets: “The court shall not enter judgment by default. . . .” Entry of a default judgment against appellant HSBC Mortgage Services, Inc., and in favor of respondent Harbour Vista, LLC, in a quiet title action was error.”
Harbour Vista V. Hsbc Mortgage Serv. Inc., G044357 (Cal.App. 12-19-2011); Mier v. Lordsman Inc., Civ. No. 10-00584, 2011 U.S. Dist. LEXIS 8484, at * 15-17 (D. Haw. Jan. 26, 2011) (“[T]o assert a claim for quiet title against a mortgagee, a borrower must allege they have paid, or are able to tender, the amount of the indebtedness.”).
 
Fidelity Land Trust Case – put property in trust and use quiet title action to defeat foreclosure – a scam. Florida Attorney General complaint:
Fidelity sued AG in Florida Middle USDC for its adverse ruling:
“… this Court concludes that Plaintiff initiated and pursued this litigation in bad faith.  The evidence of this is legion: a state judge has told Plaintiff that its legal theory is meritless; a federal judge has told Plaintiff its legal theory is frivolous; and the Florida Attorney General has obtained injunctive relief against Plaintiff to prevent it from asserting claims based on the legal theory advanced in this lawsuit. Yet even in its objection, Plaintiff clings to the notion that its claims have merit. They do not… Plaintiff appears to be in the business of delaying lawful foreclosures. The courts are not to be used to delay, deny, or frustrate just claims, and they are not to be used as a cog in a litigant’s business model. Litigants who pursue meritless claims should be sanctioned, if only to ensure that the burden of their contemptuous behavior is borne by themselves alone.”
On 4/30/2013 7:29 PM, malcolmdoney@comcast.net wrote:

Bob & Charles,

It is a long time since I contacted you Bob.  I have believed for some time that somehow you have lost your way since the days when I believed that you stood for justice and doing what is right.  
 
I have lived through and been the victim of Hitler’s fascism and I have lived in the UK during both conservative and socialist extremes.  I well remember when the leaders of the UK Trade Union Congress made their annual Christmas pilgrimage to Moscow to get their instructions on how to disrupt the British economy over the next year and beyond.   
 
I have also witnessed during my long life the extremes of communist, fascist dictatorships and religious fanatics and frankly while it may be very intellectual to debate whether or not communism or fascism is at work I could never see much to chose between Hitler and Stalin, or Idi Amin.    
 
The evidence is overwhelming that the present mortgage foreclosure crisis was premeditated by the most evil organization in modern times, the Federal Reserve.  That all these mortgages were set up to fail and comprise the biggest Ponzi scheme in the history of the world.Yet all I hear from those who seek to classify those of us who were the deliberate targeted victims of these Banksters and their government backers is that we borrowed the money and we should not get a free house.  
 
Anyone, who cannot see anything wrong with HB 87 and its almost appropriately named SB 1666 is either totally blind or so brainwashed by a corrupted society that they are incapable of any constructive thought whatsoever.  I think it is a tragedy that you have allowed yourself to be persuaded to your present apparent view.  Anyone who believes in government of the people, by the people, for the people can see through this criminal land grab for exactly what it is.  
 
Shame on you Bob – you have done such good work I am truly saddened to see your latest comments.  When Henry Trawick – the Dean of Rules tells every member of Florida’s legislature that these bills are unconstitutional and bankster inspired there must be something wrong with this bunch of garbage.  What is clear is that it is not in the interest of the people. 
Sadly
Malcolm
******************************************************************
They are all fascists (there is that word again) 
Melinda Pillsbury-Foster
MacPherson Investment Group

Executive Vice-President for Rebuild America

Point out to me any single document in the writings of Benito Mussolini, Admiral Horthy, Francisco Franco, Sir Oswald Moseley, Paul Joseph Goebbels, Heinrich Himmler, or any economically oriented member of Hitler’s government that predicts the step-by-step takeover and abolition of private property the way the communist manifesto does.  Oddly enough, the nearest to a “Socialist” among the Fascists would be British Sir Oswald Moseley.  He was very aristocratic and really an admirable “failure” among all the Fascists of Europe, but his writings go the closest towards credit-based socialism of any genuine “Fascist” from the 1920s or 30s I know—and Moseley was the only one outside of Spain to continue active through the 1950s and 60s—during which time, oddly enough, he joined with former Marshall Petain supporter Robert Schuman and other “Labor Left Socialists” in pushing for the European Union after the war…. but I do not see how you can connect the movement of Fascism to Credit Leveraged Confiscation of private property for the purpose of abolishing private property….

De : Melinda Pillsbury-Foster <themelinda@gmail.com>
À : Charles Lincoln <charles.lincoln@rocketmail.com>
Envoyé le : Mardi 30 avril 2013 17h38
Objet : Re: Property Confiscation House Bill 87 Just Passed Republican Controlled House in Florida

They are all fascists (there is that word again)
Melinda Pillsbury-Foster
MacPherson Investment Group

Executive Vice-President for Rebuild America

On Tue, Apr 30, 2013 at 5:29 PM, Charles Lincoln <charles.lincoln@rocketmail.com> wrote:
HB 87 eviscerates the adversarial aspects of litigation in favor of the foreclosing party.  
Are you ever going to work on developing those Vindicatio websites or not?  If you’re not going to develop them I need to give them to Melinda Pillsbury-Foster but you DO have a better e-mail list to promote them on….. I thought we had a deal…But I’ll suggest to Melinda that she call you to check up on what your real intentions are….I certainly didn’t spend $100 on those domains just to let them sit around undeveloped and unpromoted….. If neither you nor Melinda want to work on them I’ll have to find someone else, but heck I BOUGHT them and I want to see some new business come in as a result…. but nothing will happen if a competent Web developer doesn’t do something—-Melinda’s working on a single case website for me in regard to a personal injury suit of mine in New Orleans….
Your problem, Bob, I have figured it out, with Neil Garfield and the Anti-Note Securitization Camp (you probably don’t like Mickey Paoletta either and basically you seem doubtful about me because I’m with THEM) is that you really do believe in Social Ownership of Credit—that is why you have jumped ship on the “holder-in-due course” doctrine…. Social Ownership of Credit leads to Social Ownership of all land and real property, perhaps all real and personal property…  You have abandoned Capitalism….. you really do believe that proof of ownership is not essential to collect debt or foreclose a property…. if that’s raving like a lunatic then I plan on doing so continually until I die….

De : Bob Hurt <bob@bobhurt.com>
À : Charles Lincoln <charles.lincoln@rocketmail.com>
Envoyé le : Mardi 30 avril 2013 17h45
Objet : Re: Property Confiscation House Bill 87 Just Passed Republican Controlled House in Florida

I fail to see a problem with hb87.  It forces lenders to take speedier action and come to court better prepared for the lawsuit.

Instead of raving like a lunatic below, why don’t you explain SPECIFICALLY what you don’t like about the bill and why?

On 4/30/2013 5:29 PM, Charles Lincoln wrote:
Republicans are Moral Lepers—and COMMUNISTS!:
It is beyond appalling to me that any Republicans would vote for Florida House Bill 87 to speed up foreclosures….. Aren’t the Republicans supposed to be the party of traditional American Values? Aren’t Republicans supposed to be the defenders of common law against social engineering through legislation?  Florida House Bill 87 is just speeding up the process by which the Soulless and Heartless machine of American Corporate Socialism sweeps up property into the collective “pool” of government ownership….  Everyone in Florida: WRITE TO YOUR SENATORS to stop the companion bill 1666 (how apt?) from passing.  Every step we take towards socialized ownership of debt is a major triumph for Marx & Engels’ original “manifestation” of their dream to abolish private property in land, first published in February 1848 under the name of the Communist Manifesto.
All steps to abolish “holder-in-due course” doctrine assert that mortgage debts are not private but public, and this is the key ingredient of communist confiscation of all real estate in America…

Charles Edward Lincoln, III

“Ich bin der Geist der stets verneint! Und das mit Recht.”

Deo Vindice/Tierra Limpia

In case of emergency call Attorney Inger Garcia at 954-394-7461

Matthew 10:34-39

Think not that I am come to send peace on earth: I came not to send peace, but a sword. . . . And he that taketh not his cross, and followeth after me, is not worthy of me. . . .  

THE MAD JEWESS SPEAKS TRULY: THE FIFTH AMENDMENT IS DEAD! (Be Afraid, Be VERY Afraid, of Executive Order 13603)

Executive Order 13603 is the most sinister and systematically laid out plan for the infraction of the FIFTH AMENDMENT and the Constitution in general that I have ever dreamed or imagined in my worst and most paranoid nightmares.   Read it in all its gory glory:  03-16-2012 Executive Order 13603 National Defense Resources Preparedness.

Of course, on closer examination, this Executive Order was all authorized by Congress EARLY in the Obama administration, on September 30, 2009, when too much significant anti-Obama attention (including, sadly, my own) was focused on the U.S. District Courtroom of David O. Carter in Santa Ana, California, and the antics of Orly Taitz & the Birthers.  Here is what Congress stated as its policy back then:  50 APP USC War & National Defense § 2062 Declaration of policy,  see especially, Title 50 USC Appendix § 2072 Hoarding of designated scarce materials.

If you don’t have the patience to read it until you’re as panicked as I am, you might enjoy this video produced by “the Mad Jewess”, a fantastic blogger whom I cannot recommend highly enough (OK, so she stole Orly’s true identity, so what?)

http://themadjewess.com/2012/09/27/obama-signed-exec-order-13603-into-law/  also see another “Mad Jew” at  http://www.bizpacreview.com/index.cfm?fuseaction=news.details&ArticleId=775843&returnTo=bizpac-view

THE FIFTH AMENDMENT IS DEAD!  All Obama has to do is to declare a national emergency—which he could and might do, I suppose, if he lost the election…. you know?  Even though Romney probably agreed in advance to support this new abolition of due process in the takings of private property for public purposes without either just compensation or due process of law….

One peculiarity of the law, as set forth below, is the broad sweeping power delegated to the Secretary for Homeland Security to designate all the property and resources to be confiscated.  The Whole Country is now the property of the Executive Branch.  The DHS is now the “Commissar” for the Nation as a Whole—yes, we really ARE living in Soviet America now—I just hope they don’t promote Tzar of Tzars Cass Sunstein to be Secretary of Homeland Security during Obama’s second term…

I don’t know how I missed it, six months ago, but I did.  But I have warning for a long time, “Politics as usual” is nothing but a distraction, a decoy, a diversion.  The election process itself is just a ruse to keep your mind occupied.  Orly Taitz and the Birthers have been dancing around trying to keep the attention of the most conservative Americans focused on the question of his birthplace, but the real question is what has become of OUR birthplace, but this is exactly the cover Obama needed.  First he signed the National Defense Authorization Act last year.  

But less than three months later, six months and two weeks ago now, way back on March 16, 2012, when I was distracted because Facebook was taking my account down (saying that I was threatening to organize or incite violence) and the California Secretary of State was rejecting my application to be on the ballot to run for senate after locking my supporters out of the registrar’s office in Central California Counties (Tulare & Fresno in particular): The Enemy arrived at the Gates in the form of EXECUTIVE ORDER 13603 proves it.  But it was all in the plans three years ago, from September 30, 2009 onwards: § 2071 Priority in contracts and orders (Title 50 Appendix, War & National Defense United States Code Annotated)

My advice: Be Afraid, be VERY Afraid—but try, even in so being, to think along the lines of “Oh Beautiful, for Patriot’s Dreams that sees beyond the years”.   Somehow, someway, Obama needs to be removed by someone less precisely like Obama’s paler twin than Mitt Romney.

Even for the most conscientious of us, the News & Electoral Process are just catastrophically effective distractions and decoys: the Dictatorship of the Proletarian as already begun and now there is no such thing as Private Property in America Anymore—you should be afraid, you should be VERY afraid…..we are there folks: the Brave New World has begun!  And it began by steps so stealthy that we did not see them, even those of us who COULD and SHOULD have seen them….  Who will join me in seeking a declaratory judgment that this Executive Order threatens an unconstitutional abridgment of the Fifth Amendment?

The full text is reproduced here below:

Exec. Order No. 1360377 FR 166512012 WL 952815(Pres.)
Executive Order 13603 (FR = Federal Register, WL = Westlaw)
National Defense Resources Preparedness
March 16, 2012
*16651 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Defense Production Act of 1950, as amended (50 U.S.C. App. 2061 et seq.), and section 301 of title 3, United States Code, and as Commander in Chief of the Armed Forces of the United States, it is hereby ordered as follows:
PART I_PURPOSE, POLICY, AND IMPLEMENTATION
Section 101. Purpose. This order delegates authorities and addresses national defense resource policies and programs under the Defense Production Act of 1950, as amended (the “Act”).
Sec. 102. Policy. The United States must have an industrial and technological base capable of meeting national defense requirements and capable of contributing to the technological superiority of its national defense equipment in peacetime and in times of national emergency. The domestic industrial and technological base is the foundation for national defense preparedness. The authorities provided in the Act shall be used to strengthen this base and to ensure it is capable of responding to the national defense needs of the United States.
Sec. 103. General Functions. Executive departments and agencies (agencies) responsible for plans and programs relating to national defense (as defined in section 801(j) of this order), or for resources and services needed to support such plans and programs, shall:
(a) identify requirements for the full spectrum of emergencies, including essential military and civilian demand;
(b) assess on an ongoing basis the capability of the domestic industrial and technological base to satisfy requirements in peacetime and times of national emergency, specifically evaluating the availability of the most critical resource and production sources, including subcontractors and suppliers, materials, skilled labor, and professional and technical personnel;
(c) be prepared, in the event of a potential threat to the security of the United States, to take actions necessary to ensure the availability of adequate resources and production capability, including services and critical technology, for national defense requirements;
(d) improve the efficiency and responsiveness of the domestic industrial base to support national defense requirements; and
(e) foster cooperation between the defense and commercial sectors for research and development and for acquisition of materials, services, components, and equipment to enhance industrial base efficiency and responsiveness.
Sec. 104. Implementation. (a) The National Security Council and Homeland Security Council, in conjunction with the National Economic Council, shall serve as the integrated policymaking forum for consideration and formulation of national defense resource preparedness policy and shall make recommendations to the President on the use of authorities under the Act.
(b) The Secretary of Homeland Security shall:
(1) advise the President on issues of national defense resource preparedness and on the use of the authorities and functions delegated by this order;
The President
*16652 (2) provide for the central coordination of the plans and programs incident to authorities and functions delegated under this order, and provide guidance to agencies assigned functions under this order, developed in consultation with such agencies; and
(3) report to the President periodically concerning all program activities conducted pursuant to this order.
(c) The Defense Production Act Committee, described in section 701 of this order, shall:
(1) in a manner consistent with section 2(b) of the Act, 50 U.S.C. App. 2062(b), advise the President through the Assistant to the President and National Security Advisor, the Assistant to the President for Homeland Security and Counterterrorism, and the Assistant to the President for Economic Policy on the effective use of the authorities under the Act; and
(2) prepare and coordinate an annual report to the Congress pursuant to section 722(d) of the Act, 50 U.S.C. App. 2171(d).
(d) The Secretary of Commerce, in cooperation with the Secretary of Defense, the Secretary of Homeland Security, and other agencies, shall:
(1) analyze potential effects of national emergencies on actual production capability, taking into account the entire production system, including shortages of resources, and develop recommended preparedness measures to strengthen capabilities for production increases in national emergencies; and
(2) perform industry analyses to assess capabilities of the industrial base to support the national defense, and develop policy recommendations to improve the international competitiveness of specific domestic industries and their abilities to meet national defense program needs.
PART II_PRIORITIES AND ALLOCATIONS
Sec. 201. Priorities and Allocations Authorities. (a) The authority of the President conferred by section 101 of the Act, 50 U.S.C. App. 2071, to require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, is delegated to the following agency heads:
(1) the Secretary of Agriculture with respect to food resources, food resource facilities, livestock resources, veterinary resources, plant health resources, and the domestic distribution of farm equipment and commercial fertilizer;
(2) the Secretary of Energy with respect to all forms of energy;
(3) the Secretary of Health and Human Services with respect to health resources;
(4) the Secretary of Transportation with respect to all forms of civil transportation;
(5) the Secretary of Defense with respect to water resources; and
(6) the Secretary of Commerce with respect to all other materials, services, and facilities, including construction materials.
(b) The Secretary of each agency delegated authority under subsection (a) of this section (resource departments) shall plan for and issue regulations to prioritize and allocate resources and establish standards and procedures by which the authority shall be used to promote the national defense, under both emergency and non-emergency conditions. Each Secretary shall authorize the heads of other agencies, as appropriate, to place priority ratings on contracts and orders for materials, services, and facilities needed in support of programs approved under section 202 of this order.
*16653 (c) Each resource department shall act, as necessary and appropriate, upon requests for special priorities assistance, as defined by section 801(l) y16653of this order, in a time frame consistent with the urgency of the need at hand. In situations where there are competing program requirements for limited resources, the resource department shall consult with the Secretary who made the required determination under section 202 of this order. Such Secretary shall coordinate with and identify for the resource department which program requirements to prioritize on the basis of operational urgency. In situations involving more than one Secretary making such a required determination under section 202 of this order, the Secretaries shall coordinate with and identify for the resource department which program requirements should receive priority on the basis of operational urgency.
(d) If agreement cannot be reached between two such Secretaries, then the issue shall be referred to the President through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism.
(e) The Secretary of each resource department, when necessary, shall make the finding required under section 101(b) of the Act, 50 U.S.C. App. 2071(b). This finding shall be submitted for the President’s approval through the Assistant to the President and National Security Advisor and the Assistant to the President for Homeland Security and Counterterrorism. Upon such approval, the Secretary of the resource department that made the finding may use the authority of section 101(a) of the Act, 50 U.S.C. App. 2071(a), to control the general distribution of any material (including applicable services) in the civilian market.
Sec. 202. Determinations. Except as provided in section 201(e) of this order, the authority delegated by section 201 of this order may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense:
(a) by the Secretary of Defense with respect to military production and construction, military assistance to foreign nations, military use of civil transportation, stockpiles managed by the Department of Defense, space, and directly related activities;
(b) by the Secretary of Energy with respect to energy production and construction, distribution and use, and directly related activities; and
(c) by the Secretary of Homeland Security with respect to all other national defense programs, including civil defense and continuity of Government.
Sec. 203. Maximizing Domestic Energy Supplies. The authorities of the President under section 101(c)(1)-(2) of the Act, 50 U.S.C. App. 2071(c)(1)-(2), are delegated to the Secretary of Commerce, with the exception that the authority to make findings that materials (including equipment), services, and facilities are critical and essential, as described in section 101(c)(2)(A) of the Act, 50 U.S.C. App. 2071(c)(2)(A), is delegated to the Secretary of Energy.
Sec. 204. Chemical and Biological Warfare. The authority of the President conferred by section 104(b) of the Act, 50 U.S.C. App. 2074(b), is delegated to the Secretary of Defense. This authority may not be further delegated by the Secretary.
PART III_EXPANSION OF PRODUCTIVE CAPACITY AND SUPPLY
Sec. 301. Loan Guarantees. (a) To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense, as defined in section 801(h) of this order, is authorized pursuant to section 301 of the Act, 50 U.S.C. App. 2091, to guarantee loans by private institutions.
(b) Each guaranteeing agency is designated and authorized to: (1) act as fiscal agent in the making of its own guarantee contracts and in otherwise carrying out the purposes of section 301 of the Act; and (2) contract with any Federal Reserve Bank to assist the agency in serving as fiscal agent.
*16654 (c) Terms and conditions of guarantees under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of the Office of Management and Budget (OMB). The guaranteeing agency is authorized, following such consultation, to prescribe: (1) either specifically or by maximum limits or otherwise, rates of interest, guarantee and commitment fees, and other charges which may be made in connection with such guarantee contracts; and (2) regulations governing the forms and procedures (which shall be uniform to the extent practicable) to be utilized in connection therewith.
Sec. 302. Loans. To reduce current or projected shortfalls of resources, critical technology items, or materials essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 302 of the Act, 50 U.S.C. App. 2092, to make loans thereunder. Terms and conditions of loans under this authority shall be determined in consultation with the Secretary of the Treasury and the Director of OMB.
Sec. 303. Additional Authorities. (a) To create, maintain, protect, expand, or restore domestic industrial base capabilities essential for the national defense, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303 of the Act, 50 U.S.C. App. 2093, to make provision for purchases of, or commitments to purchase, an industrial resource or a critical technology item for Government use or resale, and to make provision for the development of production capabilities, and for the increased use of emerging technologies in security program applications, and to enable rapid transition of emerging technologies.
(b) Materials acquired under section 303 of the Act, 50 U.S.C. App. 2093, that exceed the needs of the programs under the Act may be transferred to the National Defense Stockpile, if, in the judgment of the Secretary of Defense as the National Defense Stockpile Manager, such transfers are in the public interest.
Sec. 304. Subsidy Payments. To ensure the supply of raw or nonprocessed materials from high-cost sources, or to ensure maximum production or supply in any area at stable prices of any materials in light of a temporary increase in transportation cost, the head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(c) of the Act, 50 U.S.C. App. 2093(c), to make subsidy payments, after consultation with the Secretary of the Treasury and the Director of OMB.
Sec. 305. Determinations and Findings. (a) Pursuant to budget authority provided by an appropriations act in advance for credit assistance under section 301 or 302 of the Act, 50 U.S.C. App. 20912092, and consistent with the Federal Credit Reform Act of 1990, as amended (FCRA), 2 U.S.C. 661 et seq., the head of each agency engaged in procurement for the national defense is delegated the authority to make the determinations set forth in sections 301(a)(2) and 302(b)(2) of the Act, in consultation with the Secretary making the required determination under section 202 of this order; provided, that such determinations shall be made after due consideration of the provisions of OMB Circular A-129 and the credit subsidy score for the relevant loan or loan guarantee as approved by OMB pursuant to FCRA.
(b) Other than any determination by the President under section 303(a)(7)(b) of the Act, the head of each agency engaged in procurement for the national defense is delegated the authority to make the required determinations, judgments, certifications, findings, and notifications defined under section 303 of the Act, 50 U.S.C. App. 2093, in consultation with the Secretary making the required determination under section 202 of this order.
Sec. 306. Strategic and Critical Materials. The Secretary of Defense, and the Secretary of the Interior in consultation with the Secretary of Defense as the National Defense Stockpile Manager, are each delegated the authority of the President under section 303(a)(1)(B) of the Act, 50 U.S.C. App. *16655 2093(a)(1)(B), to encourage the exploration, development, and mining of strategic and critical materials and other materials.
Sec. 307. Substitutes. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(g) of the Act, 50 U.S.C. App. 2093(g), to make provision for the development of substitutes for strategic and critical materials, critical components, critical technology items, and other resources to aid the national defense.
Sec. 308. Government-Owned Equipment. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to:
(a) procure and install additional equipment, facilities, processes, or improvements to plants, factories, and other industrial facilities owned by the Federal Government and to procure and install Government-owned equipment in plants, factories, or other industrial facilities owned by private persons;
(b) provide for the modification or expansion of privately owned facilities, including the modification or improvement of production processes, when taking actions under sections 301, 302, or 303 of the Act, 50 U.S.C. App. 209120922093; and
(c) sell or otherwise transfer equipment owned by the Federal Government and installed under section 303(e) of the Act, 50 U.S.C. App. 2093(e), to the owners of such plants, factories, or other industrial facilities.
Sec. 309. Defense Production Act Fund. The Secretary of Defense is designated the Defense Production Act Fund Manager, in accordance with section 304(f) of the Act, 50 U.S.C. App. 2094(f), and shall carry out the duties specified in section 304 of the Act, in consultation with the agency heads having approved, and appropriated funds for, projects under title III of the Act.
Sec. 310. Critical Items. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(b)(1) of the Act, 50 U.S.C. App. 2077(b)(1), to take appropriate action to ensure that critical components, critical technology items, essential materials, and industrial resources are available from reliable sources when needed to meet defense requirements during peacetime, graduated mobilization, and national emergency. Appropriate action may include restricting contract solicitations to reliable sources, restricting contract solicitations to domestic sources (pursuant to statutory authority), stockpiling critical components, and developing substitutes for critical components or critical technology items.
Sec. 311. Strengthening Domestic Capability. The head of each agency engaged in procurement for the national defense is delegated the authority of the President under section 107(a) of the Act, 50 U.S.C. App. 2077(a), to utilize the authority of title III of the Act or any other provision of law to provide appropriate incentives to develop, maintain, modernize, restore, and expand the productive capacities of domestic sources for critical components, critical technology items, materials, and industrial resources essential for the execution of the national security strategy of the United States.
Sec. 312. Modernization of Equipment. The head of each agency engaged in procurement for the national defense, in accordance with section 108(b) of the Act, 50 U.S.C. App. 2078(b), may utilize the authority of title III of the Act to guarantee the purchase or lease of advance manufacturing equipment, and any related services with respect to any such equipment for purposes of the Act. In considering title III projects, the head of each agency engaged in procurement for the national defense shall provide a strong preference for proposals submitted by a small business supplier or subcontractor in accordance with section 108(b)(2) of the Act, 50 U.S.C. App. 2078(b)(2).
*16656 PART IV_VOLUNTARY AGREEMENTS AND ADVISORY COMMITTEES
Sec. 401. Delegations. The authority of the President under sections 708(c) and (d) of the Act, 50 U.S.C. App. 2158(c)(d), is delegated to the heads of agencies otherwise delegated authority under this order. The status of the use of such delegations shall be furnished to the Secretary of Homeland Security.
Sec. 402. Advisory Committees. The authority of the President under section 708(d) of the Act, 50 U.S.C. App. 2158(d), and delegated in section 401 of this order (relating to establishment of advisory committees) shall be exercised only after consultation with, and in accordance with, guidelines and procedures established by the Administrator of General Services.
Sec. 403. Regulations. The Secretary of Homeland Security, after approval of the Attorney General, and after consultation by the Attorney General with the Chairman of the Federal Trade Commission, shall promulgate rules pursuant to section 708(e) of the Act,50 U.S.C. App. 2158(e), incorporating standards and procedures by which voluntary agreements and plans of action may be developed and carried out. Such rules may be adopted by other agencies to fulfill the rulemaking requirement of section 708(e) of the Act, 50 U.S.C. App. 2158(e).
PART V_EMPLOYMENT OF PERSONNEL
Sec. 501. National Defense Executive Reserve. (a) In accordance with section 710(e) of the Act, 50 U.S.C. App. 2160(e), there is established in the executive branch a National Defense Executive Reserve (NDER) composed of persons of recognized expertise from various segments of the private sector and from Government (except full-time Federal employees) for training for employment in executive positions in the Federal Government in the event of a national defense emergency.
(b) The Secretary of Homeland Security shall issue necessary guidance for the NDER program, including appropriate guidance for establishment, recruitment, training, monitoring, and activation of NDER units and shall be responsible for the overall coordination of the NDER program. The authority of the President under section 710(e) of the Act, 50 U.S.C. App. 2160(e), to determine periods of national defense emergency is delegated to the Secretary of Homeland Security.
(c) The head of any agency may implement section 501(a) of this order with respect to NDER operations in such agency.
(d) The head of each agency with an NDER unit may exercise the authority under section 703 of the Act, 50 U.S.C. App. 2153, to employ civilian personnel when activating all or a part of its NDER unit. The exercise of this authority shall be subject to the provisions of sections 501(e) and (f) of this order and shall not be redelegated.
(e) The head of an agency may activate an NDER unit, in whole or in part, upon the written determination of the Secretary of Homeland Security that an emergency affecting the national defense exists and that the activation of the unit is necessary to carry out the emergency program functions of the agency.
(f) Prior to activating the NDER unit, the head of the agency shall notify, in writing, the Assistant to the President for Homeland Security and Counterterrorism of the impending activation.
Sec. 502. Consultants. The head of each agency otherwise delegated functions under this order is delegated the authority of the President under sections 710(b) and (c) of the Act, 50 U.S.C. App. 2160(b)(c), to employ persons of outstanding experience and ability without compensation and to employ experts, consultants, or organizations. The authority delegated by this section may not be redelegated.
*16657 PART VI_LABOR REQUIREMENTS
Sec. 601. Secretary of Labor. (a) The Secretary of Labor, in coordination with the Secretary of Defense and the heads of other agencies, as deemed appropriate by the Secretary of Labor, shall:
(1) collect and maintain data necessary to make a continuing appraisal of the Nation’s workforce needs for purposes of national defense;
(2) upon request by the Director of Selective Service, and in coordination with the Secretary of Defense, assist the Director of Selective Service in development of policies regulating the induction and deferment of persons for duty in the armed services;
(3) upon request from the head of an agency with authority under this order, consult with that agency with respect to: (i) the effect of contemplated actions on labor demand and utilization; (ii) the relation of labor demand to materials and facilities requirements; and (iii) such other matters as will assist in making the exercise of priority and allocations functions consistent with effective utilization and distribution of labor;
(4) upon request from the head of an agency with authority under this order: (i) formulate plans, programs, and policies for meeting the labor requirements of actions to be taken for national defense purposes; and (ii) estimate training needs to help address national defense requirements and promote necessary and appropriate training programs; and
(5) develop and implement an effective labor-management relations policy to support the activities and programs under this order, with the cooperation of other agencies as deemed appropriate by the Secretary of Labor, including the National Labor Relations Board, the Federal Labor Relations Authority, the National Mediation Board, and the Federal Mediation and Conciliation Service.
(b) All agencies shall cooperate with the Secretary of Labor, upon request, for the purposes of this section, to the extent permitted by law.
PART VII_DEFENSE PRODUCTION ACT COMMITTEE
Sec. 701. The Defense Production Act Committee. (a) The Defense Production Act Committee (Committee) shall be composed of the following members, in accordance with section 722(b) of the Act, 50 U.S.C. App. 2171(b):
(1) The Secretary of State;
(2) The Secretary of the Treasury;
(3) The Secretary of Defense;
(4) The Attorney General;
(5) The Secretary of the Interior;
(6) The Secretary of Agriculture;
(7) The Secretary of Commerce;
(8) The Secretary of Labor;
(9) The Secretary of Health and Human Services;
(10) The Secretary of Transportation;
(11) The Secretary of Energy;
(12) The Secretary of Homeland Security;
(13) The Director of National Intelligence;
(14) The Director of the Central Intelligence Agency;
(15) The Chair of the Council of Economic Advisers;
(16) The Administrator of the National Aeronautics and Space Administration; and
(17) The Administrator of General Services.
*16658 (b) The Director of OMB and the Director of the Office of Science and Technology Policy shall be invited to participate in all Committee meetings and activities in an advisory role. The Chairperson, as designated by the President pursuant to section 722 of the Act, 50 U.S.C. App. 2171, may invite the heads of other agencies or offices to participate in Committee meetings and activities in an advisory role, as appropriate.
Sec. 702. Offsets. The Secretary of Commerce shall prepare and submit to the Congress the annual report required by section 723 of the Act, 50 U.S.C. App. 2172, in consultation with the Secretaries of State, the Treasury, Defense, and Labor, the United States Trade Representative, the Director of National Intelligence, and the heads of other agencies as appropriate. The heads of agencies shall provide the Secretary of Commerce with such information as may be necessary for the effective performance of this function.
PART VIII_GENERAL PROVISIONS
Sec. 801. Definitions. In addition to the definitions in section 702 of the Act, 50 U.S.C. App. 2152, the following definitions apply throughout this order:
(a) “Civil transportation” includes movement of persons and property by all modes of transportation in interstate, intrastate, or foreign commerce within the United States, its territories and possessions, and the District of Columbia, and related public storage and warehousing, ports, services, equipment and facilities, such as transportation carrier shop and repair facilities. “Civil transportation” also shall include direction, control, and coordination of civil transportation capacity regardless of ownership. “Civil transportation” shall not include transportation owned or controlled by the Department of Defense, use of petroleum and gas pipelines, and coal slurry pipelines used only to supply energy production facilities directly.
(b) “Energy” means all forms of energy including petroleum, gas (both natural and manufactured), electricity, solid fuels (including all forms of coal, coke, coal chemicals, coal liquification, and coal gasification), solar, wind, other types of renewable energy, atomic energy, and the production, conservation, use, control, and distribution (including pipelines) of all of these forms of energy.
(c) “Farm equipment” means equipment, machinery, and repair parts manufactured for use on farms in connection with the production or preparation for market use of food resources.
(d) “Fertilizer” means any product or combination of products that contain one or more of the elements nitrogen, phosphorus, and potassium for use as a plant nutrient.
(e) “Food resources” means all commodities and products, (simple, mixed, or compound), or complements to such commodities or products, that are capable of being ingested by either human beings or animals, irrespective of other uses to which such commodities or products may be put, at all stages of processing from the raw commodity to the products thereof in vendible form for human or animal consumption. “Food resources” also means potable water packaged in commercially marketable containers, all starches, sugars, vegetable and animal or marine fats and oils, seed, cotton, hemp, and flax fiber, but does not mean any such material after it loses its identity as an agricultural commodity or agricultural product.
(f) “Food resource facilities” means plants, machinery, vehicles (including on farm), and other facilities required for the production, processing, distribution, and storage (including cold storage) of food resources, and for the domestic distribution of farm equipment and fertilizer (excluding transportation thereof).
(g) “Functions” include powers, duties, authority, responsibilities, and discretion.
*16659 (h) “Head of each agency engaged in procurement for the national defense” means the heads of the Departments of State, Justice, the Interior, and Homeland Security, the Office of the Director of National Intelligence, the Central Intelligence Agency, the National Aeronautics and Space Administration, the General Services Administration, and all other agencies with authority delegated under section 201 of this order.
(i) “Health resources” means drugs, biological products, medical devices, materials, facilities, health supplies, services and equipment required to diagnose, mitigate or prevent the impairment of, improve, treat, cure, or restore the physical or mental health conditions of the population.
(j) “National defense” means programs for military and energy production or construction, military or critical infrastructure assistance to any foreign nation, homeland security, stockpiling, space, and any directly related activity. Such term includes emergency preparedness activities conducted pursuant to title VI of the Robert T. Stafford Disaster Relief and Emergency Assistance Act, 42 U.S.C. 5195 et seq., and critical infrastructure protection and restoration.
(k) “Offsets” means compensation practices required as a condition of purchase in either government-to-government or commercial sales of defense articles and/or defense services as defined by the Arms Export Control Act, 22 U.S.C. 2751 et seq., and the International Traffic in Arms Regulations, 22 C.F.R. 120.1130.17.
(l) “Special priorities assistance” means action by resource departments to assist with expediting deliveries, placing rated orders, locating suppliers, resolving production or delivery conflicts between various rated orders, addressing problems that arise in the fulfillment of a rated order or other action authorized by a delegated agency, and determining the validity of rated orders.
(m) “Strategic and critical materials” means materials (including energy) that (1) would be needed to supply the military, industrial, and essential civilian needs of the United States during a national emergency, and (2) are not found or produced in the United States in sufficient quantities to meet such need and are vulnerable to the termination or reduction of the availability of the material.
(n) “Water resources” means all usable water, from all sources, within the jurisdiction of the United States, that can be managed, controlled, and allocated to meet emergency requirements, except “water resources” does not include usable water that qualifies as “food resources.”
Sec. 802. General. (a) Except as otherwise provided in section 802(c) of this order, the authorities vested in the President by title VII of the Act, 50 U.S.C. App. 2151 et seq., are delegated to the head of each agency in carrying out the delegated authorities under the Act and this order, by the Secretary of Labor in carrying out part VI of this order, and by the Secretary of the Treasury in exercising the functions assigned in Executive Order 11858, as amended.
(b) The authorities that may be exercised and performed pursuant to section 802(a) of this order shall include:
(1) the power to redelegate authorities, and to authorize the successive redelegation of authorities to agencies, officers, and employees of the Government; and
(2) the power of subpoena under section 705 of the Act, 50 U.S.C. App. 2155, with respect to (i) authorities delegated in parts II, III, and section 702 of this order, and (ii) the functions assigned to the Secretary of the Treasury in Executive Order 11858, as amended, provided that the subpoena power referenced in subsections (i) and (ii) shall be utilized only after the scope and purpose of the investigation, inspection, or inquiry to which the subpoena relates have been defined either by the appropriate officer identified in section 802(a) of this order or by such other person or persons as the officer shall designate.
*16660 (c) Excluded from the authorities delegated by section 802(a) of this order are authorities delegated by parts IV and V of this order, authorities in section 721 and 722 of the Act, 50 U.S.C. App. 21702171, and the authority with respect to fixing compensation under section 703 of the Act, 50 U.S.C. App. 2153.
Sec. 803. Authority. (a) Executive Order 12919 of June 3, 1994, and sections 401(3)-(4) of Executive Order 12656 of November 18, 1988, are revoked. All other previously issued orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent with this order or are subsequently amended or revoked under proper authority. Nothing in this order shall affect the validity or force of anything done under previous delegations or other assignment of authority under the Act.
(b) Nothing in this order shall affect the authorities assigned under Executive Order 11858 of May 7, 1975, as amended, except as provided in section 802 of this order.
(c) Nothing in this order shall affect the authorities assigned under Executive Order 12472 of April 3, 1984, as amended.
Sec. 804. General Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect functions of the Director of OMB relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
BARACK OBAMA

THE WHITE HOUSE,March 16, 2012.

Exec. Order No. 1360377 FR 166512012 WL 952815(Pres.)

WHAT A FARCE! Quel Decepcion mas Grande! Californians TAKE NOTE: the Homeowners’ Bill of Rights is a PLACEBO and neither the State Legislature nor the Attorney General will do anything for you!

Because of my recent association with Mid-Cities Escrow in Downey, I ended up spending Wednesday evening at the Whittier Community Center to listen to retiring California Assembly Majority Leader Charles Calderon, California Department of Justice Attorney Brian Nelson, and several others explain how much absolute nothing the state of California is doing to prevent the erosion of property rights in this state.

Oh there was abundant fake sympathy and useless non-advice handed out but AT LEAST the State Government showed it cared enough to pretend to educate the people, right?  It was all pretense, it was all fake, it was all pointless.  Californians basically have been thrown a few wet sponges to sop up the blood from the mortal wounds on their bleeding rights to integrity of contract and their right to own property.

State Assemblyman Calderon explained, somewhat gingerly, that “politics” was to blame: by which he meant though he could not say that the Banking interests and their minions own this state and only a radical revolution will change that.

Citizen after Citizen stood up and told their horror stories of negotiating or otherwise dealing with JP Morgan Chase, the Bank of America, Wells Fargo, Citibank, and GMAC.  The reality is that the much ballyhooed California Homeowners’ Bill of Rights, passed by the legislature and signed into law last July, is a PLACEBO, and not a very sweetly sugar coated one at at that.

To his credit, State DOJ Attorney Brian Nelson briefly mentioned that this state’s tradition of non-judicial foreclosure has created problems for homeowners.  To his discredit, State DOJ Attorney Brian Nelson, in response to my question about whether anyone in the Attorney General’s Office was concerned about the unconstitutionality of California Civil Code §2924 et seq., merely said that the California Homeowners’ Bill of Rights at least might have overruled the holding of Gomes v. Countrywide Home Loanthat a California homeowner does not even have standing to ask who owns his loan.  See,192 Cal.App.4th 1149, 121 Cal.Rptr.3d 819, 11 Cal. Daily Op. Serv. 2322, 2011 Daily Journal D.A.R. 2681 (February 18, 2011, Review denied May 18, 2011).

Nobody wants to deal with the critical problems of how the California Civil Code as enhanced and implemented by the Bank-Controlled Lawyers, Judges, and Legislators has created an impossible situation where the letter of the law means nothing because the express rules of the California Commercial Code and Anglo-American Common Law are directly contrary to how the State and Federal Courts apply and enforce non-judicial foreclosure in this state: WITH NO RULES OF CONSISTENCY OR PROOF OF STANDING OR OWNERSHIP AT ALL.

Non-Judicial Foreclosure is the Communist Manifesto’s dream technique of expropriating private property through centralized credit.  Private property is rapidly evaporating in this country, and neither the National Mortgage Settlement (with the Big Five Banks) nor the California Independent Monitor Program, nor any other branch or office of the State or Federal Government has any intention of addressing these basic, systemic problems.

Of course, nobody dared to mention how the Communist Manifesto of February 1848 is about to be fulfilled in its most basic planks and propositions: the abolition of private property in real estate and the abolition of the family as the basic unit of society.

For further information call Liana Peshkapia-Cadena at Mid-Cities Escrow in Downey: (562) 904-3151 or (562) 904-3152, Facsimile: (562) 861-2251.

The French Opera at Bourbon and Toulouse, New Orleans, Louisiana 70112 (or “dialectic process engendered by the contradictions inherent in all things is the prime mover of cultural and political change and evolution”)

For one who was raised on heavy doses of opera, and with a great reverence for the heritage, history, and traditions of the American South, Louisiana, and in particular of New Orleans, I do not know how it never registered with me before last week that the first opera house in the United States opened in New Orleans on December 1, 1859, in an impressive neo-Classical structure which stood for exactly sixty years at the corner of Bourbon and Toulouse in the Vieux Carre (French Quarter) of New Orleans, Louisiana 70112 (http://www.neworleansonline.com/neworleans/arts/operano.html)

The site is now occupied by the Ramada Inn on Bourbon, Ramada being a distinctly “LMC” hotel chain, and this particular Ramada caters to the alcohol-soused and unwashed masses who parade up and down Bourbon Street in a nearly continuous year round nightly ritual re-enactment of the ancient and Mediaeval “Wild Hunt” of Northern, Western and Central Europe.

Opera is, or at least Opera was for about 250-300 years, an elite marker of the very height of European artistic achievement in music and theatre.  From the time of Henry Purcell to Giaccomo Puccini, it was the standard to which all other art forms aspired—or which comedians ridiculed as symbolic of what was wrong with the elite (e.g. W.S. Gilbert).

As an art form Opera is now semi-fossilized—for my part I cannot accept the legitimacy of contemporary works such as the “Ghosts of Versailles” or “Nixon in China” as “real” opera, nor do I see these efforts as having much longevity or legitimacy—and so the mainstay of the Metropolitan Opera in New York and Covent Garden in London remains the repertoire of 18th, 19th, and very early 20th century opera by Mozart, Donizetti, Meyerbeer, Verdi, Bizet, and Puccini, with the ten gesamtkunstwerken of Richard Wagner enjoying a perpetual “special status”, the elite of operas even among opera-goers.

Bourbon Street today is….a hedonistic extravaganza of booze and sex at its most vulgar.  The gangs there during this Christmas-to-New Years’ Holiday are mostly white, aged 16-40 (I’m definitely one of the older codgers on the scene).  The men are dressed moderate casually while the women tend do be casually to-only slightly sexy, better-dressed in a kind of trashy, “party” sense.   Young girls are the center of attention.  Just as if it were Mardi Gras people stand on balconies and toss beads.  And on New Year’s Eve and the night before, the feeling has been very raucous.  Across the street from the site of the French Opera House of 1859-1919, the bar opposite the Ramada Inn on Bourbon was playing, at 3:45 am—cranked up to highest volume—“Bad Romance” by Lady Gaga.   Many operas were in fact really bad romances, but the connection and parallel pretty much ends there.  The claim of sex-traders everywhere is that their work is Erotic Art, but Bourbon Street’s domination by the purest pornography is epitomized by the several “Larry Flynt/Hustler/Barely Legal” clubs in a three block stretch.  Yankee lumpenproletariats from Portland to Peoria to Pittsburgh, Poughkeepsie, and Providence converge on Bourbon Street attracting just a sufficient number of really attractive girls to make the place an enjoyable walk for people-watching. Southern rednecks of the recovering Southern Baptist variety keep alive the twisted memory of the South with Confederate Battle Flag bandanas, grossly juxtaposed to the large minority of African-American performers and tourists (who come from both the North and South in neither greater or lesser style and “class” than their white counterparts).

In short, Bourbon Street today, and so far as my memory of it goes back (early 1970s), has been a nightmare of the worst of modern thoughtless self-indulgent LMC America.  While the small space permits the “Wild Hunt” Ritual—(hunt for beer and flashing….flesh I guess)—in a manner unparalleled anywhere, Bourbon Street’s complete moral corruption at leasts equals Las Vegas and Atlantic City.  The drunkenness, debauchery, and generally lecherous is economically parasitic and exploitative in the extreme, but it is cheaper than Las Vegas or Atlantic City. The nature of discounted debauchery reminds me of Richard Blaine’s comment in Casablanca that he had no problem with parasites, what he objected to was a cut rate one.

In short, and my own mild hypocrisy here can only shine forth as clearly as it is true—Bourbon Street offers lowbrow people a lot of genuinely lowbrow fun—at least if you can tolerate a lot of gross behavior framed by beautiful old wrought iron balconies and Spanish, French, and 19th Century American architecture.

Despite Bourbon Street, New Orleans remains one of the cultural centers of the world for at least one very active and vital art form and that is cooking and cuisine.  The food of New Orleans is incomparable: Antoine’s, Court of Two Sister’s, Tujague’s, Emeril’s Delmonico and Commander’s Palace are only among the oldest and most recognizable names in restaurants in the United States.  At least some of the lumpenproletariats who enjoy Bourbon Street at its worst apparently also can appreciate really good food.  “Oysters Rockefeller” was a dish specially prepared at Antoine’s originally for the richest man in the world, but $12-$18 will get you a dozen and that’s roughly the same as lunch at Denny’s….

But this was the site of the first opera house in the United States, apparently without any dispute (the oldest opera house in continuous operation may well be be the Bardavon 1869 Opera house in, of all places, Poughkeepsie, New York, but it doesn’t save Poughkeepsie from inclusion in the “sources of great unwashed Americans” list above. (see, e.g.,  http://hauntedneworleanstours.com/frenchoperahouse/).

The real purpose of this essay is to ask a single question: what caused the transformation of the corner of Bourbon and Toulouse from one of the centers of elite-European culture in the Americas, in 1859, to something akin to the sewer of the American soul in 2010?

My answer is that the transformation was wrought by the War of 1861-1865, known to partisans of the winning side as the “American Civil War” (although there are no analogies whatsoever to the English Civil War of the Roundheads vs. Cavaliers, aside from the explicit stylistic comparisons of the two sides), and to traditional partisans of the losing side as “the War Between the States.”  Just technically, I think the “War Between the States” is more historically descriptive of what happened, and also of the Constitutional Consequences which followed, which were of the triumph of the National Federal government over the individual states.

What was the real purpose of this War of 1861-1865?  Up to a point I think the purpose, as well as the result, as precisely the transformation of Bourbon Street. New Orleans in 1860 was poised to become one of the great cultural centers of the world, comparable to Paris or Vienna in every sense, including the existence of an hereditary aristocracy.

As the opening bars of Gone with the Wind play, the textual narrative Title Reads: “There was a land of Cavaliers and Cotton Fields called the Old South. Here in this pretty world, Gallantry took its last bow. Here was the last ever to be seen of Knights and their Ladies Fair, of Master and of Slave. Look for it only in books, for it is no more than a dream remembered, a Civilization gone with the wind.”

The puritans of the North could not tolerate a peaceful co-existence with the civilization they saw emerging in the deep Southern States, from at least New Orleans to Charleston, South Carolina.   They were envious, and I remain of the opinion that the war of 1861-1865 was the single most direct and enduring American outgrowths of the transformations of public consciousness engendered by the publication of Marx & Engels “Communist Manifesto” in 1848.

The principal demands of the Manifesto have all been met although some are only now in our time being perfected.  As accurately summarized in Wikipedia, (http://en.wikipedia.org/wiki/The_Communist_Manifesto) the Manifesto Demanded:

  1. Abolition of property in land and application of all rents of land to public purposes.
  2. A heavy progressive or graduated income tax.
  3. Abolition of all right of inheritance.
  4. Confiscation of the property of all emigrants and rebels.
  5. Centralisation of credit in the hands of the State, by means of a national bank with State capital and an exclusive monopoly.
  6. Centralisation of the means of communication and transport in the hands of the State.
  7. Extension of factories and instruments of production owned by the State; the bringing into cultivation of waste-lands, and the improvement of the soil generally in accordance with a common plan.
  8. Equal liability of all to labour. Establishment of industrial armies, especially for agriculture.
  9. Combination of agriculture with manufacturing industries; gradual abolition of the distinction between town and country, by a more equitable distribution of the population over the country.
  10. Free education for all children in public schools. Abolition of children’s factory labour in its present form. Combination of education with industrial production.

To a greater-or-lesser degree, we live in the world shaped and created by the Communist Manifesto.  The American South, in particular New Orleans, reflected a completely alternative path in which private property, inheritance, and decentralized credit would have dominated.

The final abolition of private property and inheritance in America is now taking place with governmental support in the current mortgage foreclosure crisis.  It is against that national policy of finally implementing the first demand of the communist manifesto that I have dedicated my life.

I have spent the Christmas and New Years’ Holiday in New Orleans this year at an historic hotel one half-block “Lakeside” of Bourbon Street (driving directions in New Orleans, a crescent-shaped city which curves along a major bend in the Mississippi River are traditionally not given as “north-south-east-west” but as “Riverside, Lakeside, Uptown and Downtown” with the Mississippi River, Lake Pontchartrain, Audubon Park-Tulane University, and the French Quarter and/or Faubourg Marigny beyond Esplanade as the defining “cardinal points” of the city).  I love New Orleans—I love the humid air, the sensuous (Francophile?) appreciation of life, and the beauty and unique style of the old quarter.  But I hate what Americans have done with Bourbon Street.   I hate the class-flattening approach to sex and booze and money.

I now know also that what I love most in music was born in America on Bourbon Street, which now resounds with the trashiest of the trashy repertoires of degenerate popular music.   Even real Jazz, the only completely home-grown, indigenous “American” musical genre, is rarely heard above the din on Bourbon Street, which is ironic because, in 1919 when the original French Opera House burned, Jazz was being born on Bourbon Street and its French-Quarter environs, soon to explode into the American mainstream during the “roaring 20s”.

George Washington died in 1799.   According to the sources cited, the first performance of an opera in the Americas took place in New Orleans two years before that.  Sixty years later, the French Opera House was erected in New Orleans, destined to last exactly 60 years.  1859 was the end of an amazing decade in history unlike any other when (as Jacques Barzun pointed out in his marvelous historical essay “Darwin, Marx, and Wagner” published in 1941 and in print ever since) the concepts of history, evolution, economics, and art were rapidly being transformed.  1919 was the year of the treaty of Versailles after World War I.  These 60 years in which the New Orleans Opera house stood at Bourbon and Toulouse were the years in which Marx’ ideas took the world in one direction while Wagner’s ideas took the world in the completely opposite direction, with Darwin planted squarely in the middle. I was originally due to graduate Tulane University sixty years later in 1979 (but because I took off a year to work in Honduras at the ancient Maya ruins of Copan, I ended up graduating in 1980).  Those sixty years (1919-1979) saw the final eradication of all vestiges of the Old South which had survived the war, and the transformation of Bourbon Street into the Sex and Booze pot it is today.

As astounding as it seems to me, more than 30 years (half another cycle of 60 years) have now passed since my graduation from college, and to the degree that there is any change, it is only in the further degradation of Bourbon Street by the invasion of Larry Flynt and Hustler into the “Brave New World” mentality of modern America—Pornography and trumped Eros, classless communism has all-but-completely replaced stratification based on education and cultural awareness, and private property is now all-but-a-thing of the past.