Tag Archives: Chicago

Lawless Love: New Orleans Mardi Gras and Richard Wagner’s Der Ring des Niebelungen….Can Civilization survive a merger? On Lundi Gras, the Ancient Krewe of Proteus tested the waters….

In 2017, Mardi Gras in New Orleans yields gigantic piles of trash, poisons thousands with excessive alcohol, and fosters a welfare oriented and sometimes criminal mentality, yet it is a uniquely community affirming ritual that nearly shuts down this medium-sized city and draws the attention of the rest of the world.  Mardi Gras allows (especially a lot of black) people an escape from the humdrum of poverty and ordinary life.  Like the Saturnalia of Ancient Rome, Mardi Gras is a time of reversal, an inversion of all the rules. 

In the years 1843-1883, Richard Wagner broke all the rules of music and theatre and made new ones, many of which we still follow in playhouses and cinemas and opera houses today (such as “dimming the lights” before and during a performance, which was a brand new idea in Wagner’s day).  Wagner equated hatred of Jews with love of art and civilization, especially music, and in so doing (and writing prolifically about it) he served as an inspiration for the German National Socialist movement, especially one Iron-Cross winning corporal who survived “the Great War”: Adolf Hitler.  

This year the Krewe of Proteus (founded 1881) brought Mardi Gras madness and Wagnerian passion together in a torchlight parade…. and the result was stunning and extremely impressive, if not quite terribly loyal to the plot or typical imagery of the operas.  But Proteus gave us an amazingly intellectual interlude in the utter squalor and depravity of most Mardi Gras events…. and one which surely went over the head of (I would estimate, unscientifically) more than 95% of the people assembled along Magazine Street and St. Charles Avenue Monday Night.

The parade received SOME local attention, e.g.: http://www.theadvocate.com/new_orleans/entertainment_life/festivals/article_be5d1948-d9bb-11e6-ad6b-4faaff249cf7.html, but well-over half of this town speaks a dialectical variety of English which cannot be called “educated”…. and the rest of the population isn’t overly steeped in European culture—the original Opera House (the first in the United States) at the corner of Toulouse and Bourbon Street, burned down in 1919 and is now the site of a modern hotel in the absolutely most depraved and degenerate blocks of Bourbon Street…. several blocks of which constitute one of the most depraved and degenerate (and dirty) “micro-neighborhoods” anywhere in the United States… I have written before on these pages about the destruction and degradation of beautiful New Orleans after 1865, and especially in the 20th century.  The City had reached its pinnacle in 1860…..and then a very destructive war happened….

But if one is the pinnacle or Zenith of all things Elite and Erudite in Western Civilization and the other marks the Nadir or even polar opposite of high civilization, what do “Der Ring des Niebelungen” and New Orleans Mardi Gras have in common?

Actually quite a bit: both exalt what can only be called “Lawlessness”, especially in the realm of love and sex…

To start off with, Wotan, in Wagner’s Ring, like his Ancient Greek Counterpart Zeus, can only be called a “philandering cad”…. I know this would be considered an insult in many quarters, but it is, statistically speaking, quite a “Godlike” or “Kingly” trait… and I confess I’ve lived that way myself for most of my existence…. although I can claim neither Divinity nor Royalty….  Wagner’s Wotan is a tragic character…. he is adventurous, generally idealistic, and seeks to build a beautiful new world (Valhalla).  And yet dies as he watches his world destroyed around him….by a fire set by his daughter….well, actually a fire set by ONE of his many daughters (Brunhilde) by Erda, ONE of Wotan’s many girlfriends/paramours/liasons… whatever it is proper for the King of the Gods to call his mistresses…. (Sidebar: in the original Icelandic and Norse sagas and tales, Erda (aka “Jörð” was the mother of the thunder and hammer God THOR with Wotan, not the Valkyrie Brunhilde….)

Aside from Wotan and Erde, Wotan also fathers the lineage which ultimately overthrows him—the Walsunga….first a male-female pair of twins, Siegmund and Sieglinde, who are separated in early childhood and meet once Sieglinde is married to a very beastly, babbitty, bourgeois bore by the name of Hunding….  “Naturally” or unnaturally, Siegmund and Sieglinde rapidly become an item one Spring AFTER (not in spite of, but because of) recognizing each other as long-lost siblings, and they have a child.  (Wotan’s wife Fricka, the goddess of Marriage [NOT love, but marriage] compels Wotan to kill Siegmund to avenge Hunding’s loss of his wife…. and Wotan’s daughter….to Wotan’s son…. talk about conflicts of interest, you know…. NO modern lawyer would ever know what to do with the Walsung estate…. IF Brunhilde’s immolation had left anything, which it didn’t….

Siegmund and Sieglinde’s lovechild….(Sieglinde dies in childbirth)….is SIEGFRIED… destined to become the boy who knew no fear… the Dragonslayer… and, not coincidentally, Brunhilde’s “POSSLQ”…. at least for a while….

Now any competent sociologist will tell you that families JUST LIKE WOTAN’s typify the underclasses everywhere, as well as the extreme upper classes (e.g. the British monarchy). But especially dysfunctional families are well-known as characteristic of the black community….in Chicago, South Central Los Angeles, Miami, New York, and New Orleans, and these are the families who most enjoy watching and trashing the Mardi Gras parades.

A substantial number of middle-class to upper class and truly, traditionally, elite Uptown New Orleans White Families and a lot of middle class white tourists from Peoria, Princeton (Illinois), Paris (Texas), Portland, Poughkeepsie, Punksetawny, and every other real or imagined “Pottersville” (cf. “It’s a Wonderful Life”)…. create some illusion of “racial balance,” or at least “diversity.”  But the overwhelming majority of the parade viewers on the street, “throw collectors” and Mardi Gras celebrants generally are mulatto (mixed race) and black African-Americans….and their culture clearly does not have any credal element that dictates “Cleanliness is Godliness.”

So the Krewe of Proteus has done something amazing…. they have made a brilliant parade out of the operatic tetralogy that inspired the Third Reich, and all its dreams of a thousand years of racial purity and Aryan supremacy…. and brought it to New Orleans where almost nobody understands it or “gets” anything about it.

Why did they (the Krewe of Proteus) do it and what does it mean?  “The Advocate” states that Proteus has a long tradition of operatic support….but this just isn’t enough.  Proteus was founded when Richard Wagner was still alive (albeit near the end of his life… within a year of the date that Wagner’s last opera Parsifal premiered on July 26, 1882, at the Festspielhaus in beloved Bayreuth….)…

All I can promise you is that I intend to find out…. And write more about this when I have more to report…. I confess I have a suspicion, a hope perhaps, that Krewe of Proteus is sending a highly concealed “Alt-Right” message that the same kind of elite which formerly ruled the West is still alive, and well, and hiding in New Orleans, biding its time for an opportunity to seize power once again…. in the land of pioneering “Third Way” Americans like Huey Long and Gerald L.K. Smith…..

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.

Divergents, Outlaws, and Rebels: the Vigorous Dissident Essential to Social & Political Health

The tense struggle between law, justice, and freedom was not the subject nor even a significant sub-theme  of Homer’s Epics the Odyssey and the Iliad, nor of Vergil’s Aeneid nor the Epic of Gilgamesh, nor of the Ancient Maya Popol Vuh.  

Justice and Fairness/equity vs. Law and Order, however, very much forms a core subject of the new movie Divergent and up to a point the movie Veronica Mars which I have already just recently mentioned on these pages.  I find myself comparing these movies to The Hunger Games and Catching Fire, but I cannot say that this competition defines movies, which concern mostly naked law and oppression divorced from any but the most cynical pretense of law or fairness—even the laws of probabilistic statistics being ridiculed in the refrain, “May the Odds be Ever in your Favor”…which is so patently false that a graffiti artist in one of the “Districts” writes more accurately: “the odds are NEVER in our favor.”

Veronica Mars, set firmly in the modern world of Southern California, indicts the police state as producing “the best justice money can buy” and similarly the prosecutorial system as responding more to the demands of “the court of public opinion” than anything else.  It also (and very accurately) belittles the world of “big money law” as serving no purpose but squashing the little man and his “frivolous lawsuits” against Fortune Five Hundred Clients…. 

Divergent, however, focuses our attention on other aspects of the current struggle.  In both Veronica Mars and The Hunger Games, family is portrayed as both natural and essential to survival, but the dystopian tyranny of the (current modern and future) American Dictatorships has not turned itself against the family, or dedicated itself to the destruction of human nature.  Indeed, in the Hunger Games, the future dictatorship of Panem capitalizes on human nature and human weakness, including family ties, to maximize its own power and control over the subjugated people.  

The three movie franchises have different regional roots and reflect their origins.  The Hunger Games is distinctly Southern, Confederate, and Appalachian in its cultural theory, including the matriarchal family structure and themes of tendencies towards racial segregation (Districts 11 vs. 12) fraught with intimate friendship (Katniss and Rue).  Veronica Mars expressly screams its California setting and cultural roots in almost every scene and dialogue sequence.  Divergent is set in the ruins of Chicago (which strangely look a lot like the current city of Chicago WITHOUT a major civil war).  (This just has to be the future American Civil War described/predicted by the propagandists for Chancellor Adam Sutler’s English Dictatorship in V-for-Vendetta).

I could be wrong, but I think that the association of Chicago with Divergent is very well thought-out and correlated with the socialist-communist background of the largest city in “the Land of Lincoln” (Abraham, that is, the Sixteenth and arguably the first covertly Marxist President of the United States, and a worthy forerunner to the current 44th President, also associated with Chicago and Illinois).  

The futuristic “Brave New World” of Divergent’s Chicago is a quasi-caste based society (divided into five broadly functional “factions” emphasizing not so much specific jobs or professions as “approaches” or “attitudes” in life—not entirely different from the Indo-European tri-functional society with subdivisions of each function, but not at all expressly Dumezilian in the way that Buffy or The Lion King were).  

In the “Divergent” world, the nuclear family still exists as the key reproductive unit but is frowned upon generally and entirely forbidden after puberty.  Life begins for “Tris”—the heroine of the movie, at a ceremony where she voluntarily chooses which to which functional faction she will belong.  This aspect of the future Chicago is much more benign than the Hunger Games, to be sure—there are no automatic annual sacrifices contrasting with great “movie-sports star” wealth in latter day Chicago…..  The only articulated motto of the Status Quo Establishment in Divergent is “Faction before Blood”, although the Dictatrix strongly suggests that suppression of human nature is the primary goal of government….

(Aldous Huxley’s Brave New World vision of a world totally without families, especially without mothers [aside from the State as Ur-or-Uber-Mutter], remains, thankfully, far in the future—although my former friend Jon Drew Roland, a false-flag, former freedom riding, and fear mongering “Libertarian” residing Texas, also with a Chicago connexion, assured me many times that “eu-social” social insect-like “Queen Bee” reproduction through the State apparatus is entirely foreseeable).   

The tension between law and justice, rules and fairness, legal and equitable values, seems to have arisen primarily because of the pronouncement of a vast inventory of laws Hebrew Bible, and the need for resolution of all doubts in favor of equity and fairness was first and perhaps best articulated by that noted Ancient Rabbi, thought by hundreds of millions around the world to have been the Messiah: Joshua ben Josef, aka Jesus Christ.  

The Kingdom of Israel & its secessionist spinoff, Judea, to both of which Jesus was allegedly the direct lineal heir, through the House of David, grew up in the southwest corner of “The Fertile Crescent” of the Ancient Near East, near the border of Egypt in northeast Africa.  The Nile and Tigris-Euphrates, with the Levant in between, were the two “cradles of civilization” in the Western World.  The Ancient Near East is famous for its early law codes, over which the Sun God Shamash (Sumerian Utu) presided, as an antecedent to Apollo in this role, but the division between rules and fairness seems to have only occupied a minor part of the Ancient Sumerian and Semitic Consciousness….at least until Jesus’ final year on earth. In Greece and Rome, “laws” were seen as the tools of the elite, while equity and fairness were seen as the pleas of the weak and defeated.  This is as apparent in Thucydides Melian Dialogue as in Cicero’s orations.  It was this world that gave birth to Jesus, of course, and his “equitable revolution” in thinking about Justice and Right.

In the history of world epics, after the Four Gospels, Dante’s Divine Comedy is the first to articulate the primary of law in the world, tempered with the concept of Justice, but Dante seems to have viewed Hell as a very legalistic place, with only the levels of hell discerning or distinguishing “levels” of fair or equitable punishment.  Ironically, it is hard to see the role of Christian forgiveness in Dante’s writings at all when he writes, in the Fourth Canto of Inferno:

Per me si va ne la città dolente,
per me si va ne l’etterno dolore,
per me si va tra la perduta gente.

Giustizia mosse il mio alto fattore:
fecemi la divina podestate,
la somma sapienza e ‘l primo amore.

Dinanzi a me non fuor cose create
se non etterne, e io etterno duro.
Lasciate ogne speranza, voi ch’intrate.

“THROUGH ME ONE GOES TO THE CITY OF SORROW,
THROUGH ME THE PATH TO ETERNAL PAIN,
THROUGH ME IS THE ROAD OF THE LOST PEOPLE.

JUSTICE MOVED HE WHO IS MY HIGH CREATOR.
I WAS MADE BY DIVINE POWER,
SUPREME WISDOM, AND PRIMAL LOVE.

BEFORE ME NOTHING WAS MADE,
SAVE ETERNAL THINGS, AND I ENDURE ETERNALLY.
ABANDON ALL HOPE, YE WHO ENTER.”

Where do we belong?—Meditations on the Feast of Saints Peter & Paul—where DO we belong?

Always hoped that I’d be an Apostle, knew that I could make it if I tried;….. then when we retire we can write the Gospels so they’ll still talk about us when we die….

Jesus Christ Superstar, Andrew Lloyd Weber (Broadway 1971, Movie 1973)

2 Timothy 4:1-8.   As for me, I am already being poured out as a libation, and the time of my departure has come.  I have fought the good fight, I have finished the race, I have kept the faith.

Saint Peter’s self-chosen mission was as Apostle to the Jews, Saint Paul’s to the Greeks, though they both died in Rome.  Originally they belonged to the same Jewish Community as Joseph & Mary, John-the-Baptist, and Jesus himself.  We might imagine that Peter and Paul belonged, presumably as devout members of the Temple of Jerusalem, but possibly not even close, but they belonged to that race and religion and linguistic and ethnic group, in Roman Occupied Judea, aka Palestine, aka Syria, presumably being very close in age and community to Jesus Christ himself.  

In the service of the Anointed “Son of God”, heir of the Royal House of David, the tree that grew from Jesse’s loins, Peter and Paul became the most famous and visible to history of all Jesus’ Apostles. They belonged as apostlesPaul’s letters and writings were generally deemed to “belong” in the Bible by the Council of Nicea.  But the “Gospel of Peter” was deemed by that same body NOT to belong, although it scholars of early Christianity still discuss it extensively, see e.g.: 

http://earliestchristianity.wordpress.com/2013/04/19/the-walking-talking-cross-in-the-gospel-of-peter-goodacre-vs-foster/

My “Forward Day-by-Day Booklet” suggests that this is a day when we should all consider, like Peter and Paul, where we belong, whether we are Christians or Jews or Pagans, to begin with, and then what we should do next.  Without our community, what should we do and how?  Should we accept the world as it is or try to change it?  Where do we belong in history?

We are free, endowed by God and/or Natural Selection with Free Will, but that is perhaps the greatest of our burdens.  “Our world recognizes the subversive nature of the Christian faith and subverts us either by ignoring us or by giving us the freedom  to be religious—as long as we keep religion a matter of personal choice.”   (From “Resident Aliens” by Stanley Hauerwas.

Has the South “Run the Good Race?” Is it time for the South (and California and Texas and the Union as a whole) to choose a different Path?   If we cannot “keep the faith”—do we really belong here?

Pat Buchanan has always been one of my favorite political writers.  He now asks whether the South still belongs in the Union, and I think it is a valid question.  Frankly, I believe that the Union does not belong anymore.  As my long-time (but currently “vacationing” personal assistant Peyton Freiman said sagely some years ago, “The United States needs to Secede from itself.  I think this has only become truer with time.  The South should Secede; California and Hawaii and Texas and Alaska should Secede. New England and New York should secede.  The Federal Union should be dissolved.  Obama can have the District of Columbia all to himself and the Supreme Court and Congress.  Illinois and Michigan might want to secede but then let Chicago and Detroit Secede and form an Isolated trio of City States with D.C., Detroit and Chicago exist under Obama.  The states should not recall their congressmen, because they are only worthy to be forgotten, not recalled…. In fact, all the States should simply revoke their Congressmen’s citizenship and order them to remain in D.C. or emigrate to Afghanistan, Israel, or Saudi Arabia or Yemen, depending on their political preferences.

Does the South Belong in the Union?

Friday – June 28, 2013 at 12:27 am

By Patrick J. Buchanan

Is the Second Reconstruction over?

The first ended with the withdrawal of Union troops from the Southern states as part of a deal that gave Rutherford B. Hayes the presidency after the disputed election of 1876.

The second began with the Voting Rights Act of 1965, a century after Appomattox. Under the VRA, Southern states seeking to make even minor changes in voting laws had to come to Washington to plead their case before the Justice Department and such lions of the law as Eric Holder.

Southern states were required to get this pre-clearance for any alterations in voting laws because of systematic violations of the 14th and 15th amendment constitutional rights of black Americans to equal access to polling places and voting booths.

The South had discriminated by using poll taxes, gerrymandering and literacy tests, among other tactics. Dixie was in the penalty box because it had earned a place there.

What the Supreme Court did Tuesday, in letting the South out of the box, is to declare that, as this is not 1965, you cannot use abuses that date to 1965, but have long since disappeared, to justify indefinite federal discrimination against the American South.

You cannot impose burdens on Southern states, five of which recorded higher voting percentages among their black populations in 2012 than among their white populations, based on practices of 50 years ago that were repudiated and abandoned in another era.

You cannot punish Southern leaders in 2013 for the sins of their grandfathers. As Chief Justice John Roberts noted, black turnout in 2012 was higher in Mississippi than in Massachusetts.

Does this mean the South is now free to discriminate again?

By no means. State action that discriminates against minority voters can still be brought before the Department of Justice.

Even the “pre-clearance” provision of the VRA remains. All the court has said is that if Congress wishes to impose a pre-clearance provision on a state or group of states, Congress must have more evidence to justify unequal treatment than what “Bull” Connor did in Birmingham back in 1965.

Congress could pass a bill today authorizing Justice Department intervention in any state where the registration of blacks, Hispanics or Asians fell below 60 percent of that electorate.

What Congress can no longer do is impose conditions on Southern states from which Northern states are exempt. Washington can no longer treat the states unequally — for that, too, is a violation of the Constitution.

The Roberts court just took a giant stride to restoring the Union.

Yet the hysterical reaction to the decision reveals a great deal.

What do critics say they are afraid of?

While conceding that immense progress has been made with the huge turnout of black voters in the South and the re-election of a black president, they say they fear that without the pre-clearance provision this would never have happened. And now that the provision no longer applies to the South, the evil old ways will return.

On several counts this is disheartening.

For what the critics of the court decision are saying is that, no matter the progress made over half a century, they do not trust the South to deal fairly and decently with its black citizens, without a club over its head. They do not believe the South has changed in its heart from the days of segregation.

They think the South is lying in wait for a new opportunity to disfranchise its black voters. And they think black Southerners are unable to defend their own interests — without Northern liberal help.

In this belief there are elements of paranoia, condescension and bigotry.

Many liberals not only do not trust the South, some detest it. And many seem to think it deserves to be treated differently than the more progressive precincts of the nation.

Consider Wednesday’s offering by Washington Post columnist Harold Meyerson. The South, he writes, is the home of “so-called right-to-work laws” and hostility to the union shop, undergirded by “the virulent racism of the white Southern establishment,” a place where a “right-wing antipathy toward workers’ rights” is pandemic.

The South is the “the heartland of cheap-labor America. … When it wants to slum, business still goes to the South.” Then there are those “reactionary white Republican state governments.”

Were a conservative to use the term “black” as a slur the way Meyerson spits out the word “white,” he would be finished at the Post. Meyerson’s summation:

“If the federal government wants to build a fence that keeps the United States safe from the danger of lower wages and poverty and their attendant ills — and the all-round fruitcakery of the right-wing white South — it should build that fence from Norfolk to Dallas. There is nothing wrong with a fence as long as you put it in the right place.”

Harold looks forward to the day that a surging Latino population forces “epochal political change” on a detestable white South.

May the Fourth be with You (and with thy Spirit)…. May 3rd was Day of the Holy Cross (in the Old BCP anyhow); Warnings from History about the Coming Dark Age: May 3 is also Polish Constitution of 1791 Day, and the 60th Anniversary of the Youngstown Sheet & Tube Company Petition for Certiorari

Yes, May the Fourth is international Star Wars Day (“May the Fourth be with You”—but watch out for the “Revenge of the Fifth”), and yesterday, all over Western Christendom, is or at least used to be called “the Day of the Holy Cross” (this construction of the Calendar is sometimes said to be a “Gallican” custom, involving the mixture of Celtic rites of Beltane [May Day] with Christianity, in the time of Saint Gregory of Tours and other such French sources predating the time of Charlamagne*, but even as a 20th century Anglican/Episcopalian, I grew up thinking that Constantine’s Mother the Empress Helen**  went to Jerusalem and found the “true Cross” fragments on May 3, and when I started traveling to and living in Mexico I found that the Mexicans [in “Veracruz” and elsewhere] still celebrate the 3rd, notwithstanding anything Pope John XXIII did the year I was born [1960], and the Maya of Yucatán—see my birthday greetings for Pedro Un Cen on May 1—still celebrate May 3 as the day that the Chaacs (the Ancient Maya Raingods) return to the land from the East to start the beginning of the rainy season, but Last things first:

POLISH CONSTITUTION OF 1791 Day: A Warning for our Time

Most Americans have heard of American Revolutionary War hero General  Andrzej Tadeusz Bonawentura Kościuszko (at least by the shorter version of his name: Tadeusz Kosciuszko).  He came to the United States to assist in the War of Independence for no reason other than he thought it was the right thing to do.  He was a volunteer Patriot in Founding a country 1/3 of the way around the world from his homeland.  

I have the feeling that Kosciuszko lived to feel even more defeated than John W. Davis….(see my adjoining post on the 60th Anniversary of the Youngstown Sheet & Tube Petition for Writ of Certiorari) possibly more like Jefferson Davis must have felt…..  

Kosciuszko lived long enough after the American Revolution to see first the French Revolution, then the final partition of his own homeland by three of the major powers OPPOSED to the French Revolution, the restoration of the core of his homeland (briefly) between 1807 and 1815, and then the final re-annexation of Poland by Russia after the Congress of Vienna in 1815—a situation which would endure for another 104 years….

After helping launch the American nation, with a career comparable and in some ways parallel to the actions of the Marquis de Lafayette in France, Kosciuszko went back to his native Poland where he tried to rebuild and save his own nation, and modernize its constitution in light of what he had learned and seen in America. I have previously, on this blog, mentioned the wonderful Polish Professor Wiktor Osiatynski under whom I was privileged to study at the University of Chicago 1990-1991 and my fascination with the Polish nation and constitutional history has never ceased since then.  Poland is a Phoenix-like nation having been consumed by fire into ashes and portioned by its neighbors Germany and Russia at least twice (and Austria once).  The metaphoric image of the mythical Phoenix arising from its flames parallels takes on added and appropriate meaning given Poland’s association with the City and University of Chicago, not least since Chicago is the largest Polish-speaking urban area anywhere outside of Poland and the City itself has at least once or twice in history arisen from the flames (after the Great Fire of 1871, but arguably again after the riots of 1968 also…).  

On May 3, Poland celebrated the 221st anniversary of the Constitution of 1791, the last Constitution before the two final (18th century) partitions of Poland 1793-1795.   The Twentieth Century Partition of Poland, between Nazi Germany and Stalinist Russia was in a thousand ways much worse, more brutal, more destructive, but also much shorter in duration.  The 18th Century Partitions of Poland were reversed by the Emperor Napoleon I Bonaparte in 1807 as he vainly tried to restrict and limit the power of Prussia.  The Von Ribbentrop-Molotov (aka “Stalin-Hitler”) Pact of 1941 was reversed a mere four years later, but not before Poland had not only been savaged by Nazi occupation but by the Stalinist reprisal which, in terms of meaningful reality, involved much vaster forced migrations than any that history had ever seen, and comparable only to the forced internal migrations (poorly documented though they are) which took place in Maoist China during the “Cultural Revolution”.  

Now you might ask, why should an American care about learning the details of Polish Constitutional History?  As Professor Wiktor Osiatynski made us all aware in the two courses he taught that year at the University of Chicago, Poland’s constitutional history was a major source of its downfall.  Prior to meeting and studying with Wiktor, my primary familiarity with recent modern Poland had been a vague knowledge of the partitions of the late 18th century, the fact that Napoleon I had created the Duchy of Warsaw, and that Chopin and many other 19th century artists had gained fame for the culture of Poland and quietly advocated the restoration of Polish Sovereignty and Nationality.

Of course, I had also been very generally aware from a lifetime obsession with historical cartography, I was aware that Poland had once been the largest nation in Europe—a fact, again, which probably very few Americans must know.***  Yes, the combination of the Grand Duchy of Lithuania and the Kingdom of Poland once not merely “dominated” but in effect “was” all of Eastern Europe—controlling during most of the 15th-early 18th Centuries all of the territory from the Baltic to the Black Seas, dwarfing “barbarous” Russian during most of that time, although Russia started climbing out of an inferior position in the 16th century, though it did not achieve “world nation” status until the 18th under Peter and Catherine the Great.  

But indeed, the Constitutional History of Poland and Lithuania together is very interesting, and historically relevant for Americans, especially in this day and age.  Lithuania, so it was forced to ally more closely with Poland, uniting with its western neighbor as the Polish-Lithuanian Commonwealth (Commonwealth of Two Nations) in the Union of Lublin of 1569. According to the Union many of the territories formerly controlled by the Grand Duchy of Lithuania were transferred to the Crown of the Polish Kingdom, while the gradual process of Polonization slowly drew Lithuania itself under Polish domination. The Grand Duchy retained many rights in the federation (including a separate government, treasury and army) until the May 3 Constitution of Poland was passed in 1791. 

I submit to you, “my fellow Americans” that we today are much like Poland—because of the abrogation of our traditional Federal Union into a centralized dictatorship, we are weak and face extinction, division, and perhaps even partition between, say, China, Mexico, and a resurgent Europe.  

* Pope Adrian I between 784 and 791 sent Charlemagne, at the King of the Franks’ personal request, a copy of what was considered to be the Sacramentary of Saint Gregory, which certainly represented the Western Roman “Early Dark Ages” use of the end of the eighth century.  This book, far from complete, was edited and supplemented by the addition of a large amount of matter derived from the Gallican books and from the Roman book known as the Gelasian Sacramentary, which had been gradually supplanting the Gallican. The editor may well have been Charlemagne’s principal liturgical advisor, the  Englishman Alcuin. Copies were distributed throughout Charlemagne’s empire, and this “composite liturgy”, as Duchesne says, “from its source in the Imperial chapel spread throughout all the churches of the Frankish Empire and at length, finding its way to Rome gradually supplanted there the ancient use”. More than half a century later, when Charles the Bald wished to see what the ancient Gallican Rite had been like, it was necessary to import Hispanic priests to celebrate it in his presence, because the Gallican rite took root firmly in Toledo, Viscaya, Aragon, Catalunia, and elsewhere in the land of the Christian Visigoths of Hispania before the arrival of the Moors (and survived there ever after, even during the Caliphate of Cordoba—which resilience explains why May 3 remains the Day of the Holy Cross everywhere in Latin America).

The Luxeuil Lectionary, the Gothicum and Gallicum Missals, and the Gallican adaptations of the Hieronymian Martyrology are the chief authorities on this point, and to these may be added some information to be gathered from the regulations of the Councils of Agde (506), Orléans (541),Tours (567), and Mâcon (581), and from the “Historia Francorum” of St. Gregory of Tours, as to the Gallican practice in the sixth century.

** Constantine’s Mother the Empress Helen did a lot of traveling and established a lot of Churches.  Named after Helen of Troy, Empress Helen kept the name alive and popular among the Christians, and it was the Empress Helen, I am told, after whom were named both my Louisiana-born grandmother who raised me with love and my Greek-born wife who razed me with something else.

***For my lifelong obsession with maps, I have mostly my mother to blame, because she bought me so many Atlases–Shepard’s Historical Atlas, Oxford Historical Atlas, just for starters–when I was very small and for some reason decorated my boyhood room with a collection historical individually framed maps of almost every county in England, Wales, & Scotland—this led to my grandparents, somewhat later, always putting me in charge of studying the maps when we traveled and making reports on local geography as we did—Baedeker was almost like a family friend, and sometimes AAA and National Geographic.

“Behold El Capitan,” “Remember the Maine,” Guy Fawkes’ Day, September 11, and the Culture of Deception

Some of my happiest days as an undergraduate at Tulane University were spent in Dixon Hall under the tutelage of my voice and singing instructor Francis Monachino, long-time Chairman of the Tulane & Newcomb Music Departments and a great and inspiring teacher.  

My first part in any major production at Tulane was as “Senor Amibile Pozzo, Chamberlain of Peru” in John Philip Sousa’s Comic Operetta El Capitán (Premiered in April 1896 in Boston & New York).  I never realized it at the time, but this comedy had great historical significance, and may have played a part in launching 20th Century America’s Culture of Deceit and Deception.  

The plot is pure farce, on its face: “El Capitán” is in fact Don Enrique Medigua, a fictional Spanish Viceroy of Peru, which was in reality the richest of all the dominions in the New World, whose production of gold, silver, and agricultural products far outstripped even Mexico during the 16th, 17th, and 18th Centuries.  Don Medigua fears assassination by rebels, and secretly arranges for the murder of the (real) rebel leader known as “El Capitán” (so the real rebel leader plays no part in the operetta). Unbeknownst to the rebels or anyone except his Chamberlain Pozzo, Don Medigua disguises himself as El Capitán and sabotages the rebel movement from within, but not before allowing the beautiful Estrelda, daughter of the former Viceroy, to fall madly in love with him based on his reputation as a fierce terrorist and warrior.  Don Medigua’s actual wife and daughter think he has been kidnapped by the rebels and have Pozzo pretend to be the Viceroy so that the Spanish born Aristocrats of Peru will not lose hope and despair.   An enterprising band of rebels then capture Pozzo, believing him to be the real Viceroy, and bring him before El Capitán who is, of course by this time in something of a pickle.   But Don Medigua disguised as El Capitán has so completely exhausted the rebels by his “mis-leadership” that the rebellion collapses, the Spanish nobility wins, and the story ends “happily.” 

A thought that never occurred to me when I was playing Pozzo at 16 (to Anthony Laciura’s brilliant performance as Don Medigua/El Capitán) now seems so obvious to me: was it mere coincidence that the most popular writer of military marches in American history composed this operetta less than two years before the sinking of the Battleship USS Maine in Havana Harbor on February 15, 1898.  Most historians now concur that the Maine, the second armoured cruiser (pre-dreadnought Battleship) in the U.S. Navy, was deliberately sunk by its crew for the sole purpose of inciting American popular opinion in favor of America’s first “World Wide War” of expeditionary conquest (i.e., the direct precursor of Vietnam, Afghanistan, and Iraq).   El Capitán exemplifies the literary, historical, and/or dramatic trope that certain ideas appear first as a comic joke and then are later taken seriously: if John Philip Sousa’s operetta was not the template for the sinking of the Maine, it is nevertheless a remarkable historical coincidence that Don Medigua first murders and then impersonates his enemy in order to defeat him in a popular drama that was still playing all over the United States when the USS Maine blew up.

And yes, I write all this at the close of Guy Fawkes’ Day, November 5, 2011: Remember, Remember the Fifth of November, the Gunpowder Treason and Plot; I know of no reason why the Gunpowder Treason should ever be forgot.  I like to pat myself on the back and brag that no sooner had Osama bin Laden been named as the perpetrator of 9-11 than I predicted with great confidence that he was the new Gunpowder Plotter, and that 9-11 was the new 5th of November.  I predicted that bin Laden’s name would endure forever beside Guy Fawkes, but unfortunately, I had no role in producing the amazing movie based on that theme which came out in 2005, on the 400th Anniversary of the original Gunpowder plot in 1605.

V-for-Vendetta remains, to my mind, probably the finest political movie of the century, and I mean the past hundred years since the beginning of the cinematic film industry, not just the 21st Century in which we have lived for barely 11 years.  Natalie Portman and Hugo Weaving marvelously portray the principle characters in this story which explores all the possibilities of the use of the Guy Fawkes gunpowder story, and this movie has in turn given a new birth of metaphoric and dimensional analysis to the study of false flag attacks, false heroism, and the role of government as “first among all liars.”

There is not a shred of doubt that the movie V-for-Vendetta is the story of 9-11, metaphorically, allegorically, fictionalized as Britain under a pseudo-Fascist (Adam Sutler, whose name is awfully reminiscent of Adolph Hitler) instead of the United States of America under a pseudo-Republican (George W. Bush), in future time rather than historical, but with so many direct references to 9-11 and associated events…. well, it’s just incredible.  

Also incredible to me is that the Wikipedia article on V-for-Vendetta does not even mention the parallels between the Sutler regime’s use of false-flag bioterrorism against the British people and the (9-11 “Truth Movement’s” theory that the) Bush regime used false-flag air terrorism against the American people.  To me, the parallels are inescapable: the producers of V-for-Vendetta analyzed the same facts concerning recent history as those which gave rise to the 9-11 Truth Movement and came to the conclusion that terrorism originates not (primarily anyhow) with real Muslim extremists but with governments who see the “genius” of fear and use it against their own people to suppress civil liberties and maintain power.  

The Muslim terrorists (in both North American and Western European modern history and V-for-Vendetta mythology), to the extent that they are real, are rather like Guy Fawkes in the 17th century.  Modern Muslim terrorists, like Papist plotters of the past, have great value as symbols and embodiments of a real but rather vague threat to the national identity which justify the use and maintenance of real power.  The Papist threat in England could only materialize when it comes in the form of a Catholic King (like King James II Stuart, grandson of James I, against whom Guy Fawkes allegedly plotted, and younger brother of Charles II who had no legitimate offspring [although he had literally dozens of illegitimate children by his mistresses].  The tumultuous history of 17th Century Stuart England focused on the maintenance of royal power through popular fear of Catholicism, balanced against royal fear of popular power manifested through Cromwell’s Civil War and Commonwealth (including the Regicide/Martyrdom Murder/Execution of King Charles I on January 31, 1649 after a preposterous “show” trial of the King for treason) and finally the “Glorious Revolution” of 1688-1689 which firmly established the modern Constitutional Monarchy of Great Britain ruled by Parliament.

In Adam Sutler’s England, like George Bush’s America, maintaining fear of Muslims among the people supported the repression of the historical “English Freedoms” secured under Elizabeth I, James I, Charles II, and William III & Mary II.  If there are real fears of Muslim domination in America, they are coming to fruition under George W. Bush’s successor, “Barack Hussein Obama” whose name resoundingly echoes both “Osama” (bin Ladin, the modern Guy Fawkes) and the former dictator of Iraq whom George W. Bush decided to eliminate to maximize control over a nation which simply did not accept the “Bush doctrine” of Global government under US control.  

Any way you look at it: elaborate governmental lies concerning faked attacks and falsified heroes have been used to justify strong central governments for a very long time now.  It is hard to say whether the original Gunpowder Plot was real or staged. The “November 5” plot on King James I and his wife and Court MIGHT have been real, and if so, it was a REALLY stupid plot (there was not enough Gunpowder under the houses of Parliament or any other explosive technology available in 1605 to have blown through and killed the King).  Even if successful, the plotters had no Papist “nominee” lined up to become King of England on King James’ death, and James’ eldest son at the time, the future Charles I, was only two weeks short of five years old on November 5, 1605. (But admittedly, if James AND his children had been killed, legitimate succession at that point might have been very difficult, in that no English Monarch since Henry VIII had had any children: all of Henry Tudor’s children: Edward VI, Mary I, and Elizabeth I, died childless, possibly in part a testament to their own horror at their father’s gruesome “family and marital” life and history).  

Other historians have seen Guy Fawkes as a “Patsy” (scapegoat) comparable in real role and status to Lee Harvey Oswald in the assassination of John F. Kennedy, being the “Fall Guy” for the “False Flag” Gunpowder Plot just as “9-11 Truthers” (including this writer) believe that Osama bin Laden was merely the “Patsy” for the events of 1998-2001 and afterwards which gave rise to the USA Patriot Act of 2001 and all the subsequent greatest suppressions of English and American liberties in the entire history of both nations since the reign of Henry VIII (who died 102 years and 3 days before the execution of Charles I, on January 28, 1547).  

The study of “false flag” terrorism and warfare is a rising subject of historical deconstruction.  It is stark testimony to the general lack of confidence people have in the U.S. government that a large number of people (polls differ) disbelieve the “official stories” of the Warren Commission concerning the events of November 1963 in Dallas, the origins of the Vietnam War in the “Gulf of Tonkin” incident the very next year, in August of 1964, and the subsequent stories of the events in the 1990s at Ruby Ridge (Idaho), Mount Carmel (Waco, Texas), Oklahoma City, the US Embassies in Nairobi and Dar es Salaam, and finally 9-11 itself in New York, Washington, and Pennsylvania.  Pearl Harbor, the trigger for World War II, was obviously not a “False Flag” attack (there is not and has never been any doubt that the Imperial Japanese Navy was correctly identified as the culprit, and that it acted under official orders from Tokyo). But many Americans (and others worldwide) believe that President Franklin Delano Roosevelt had despaired of ever finding a politically adequate or emotionally sufficient excuse to embroil or involve the United States into World War II, and so he either expressly invited the Japanese to attack or at the very least intentionally disabled the U.S. Naval and air forces around Hawaii in early December 1941.

The governments of the United States and the United Kingdom, in this day, appear to be governments based on a culture of pure deceit and deception.  All governmental pronouncements and actions should be regarded with the most stringent suspicion.  As one of the newscasters says in V-for-Vendetta “we just report the news, we don’t make it up….that’s the government’s job.”

The Futility of Individualized Resistance to Collectivization: the Foreclosure Crisis is Government Policy in Action, Securitization is the Banks’ Communistic Mechanism for Confiscation

I want to deliver a very short and bitter message here: individual case litigation strategies have failed and are doomed to continued failure.  EVERY PERSON who wants to fight in court for his or her family home in Court in California must include a Constitutional Challenge to the Non-Judicial Foreclosure System and all the component statutes, but even this is not enough: the remedy is political action.  Until these statutes and the nation-wide socialistic policies which support them are obliterated, which can be reliably expected to happen ONLY through political rather than judicial action, the institutions of private property and the home-based family will continue to erode and disintegrate.  

Without MASSIVE LEGAL REFORM, there is no hope that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures” will not be continually violated as it has been in millions of cases nationwide.  These mass foreclosure and eviction policies have been approved and strategies formulated by the government at the highest levels.  

(That was the short brief and very bitter message—all the rest that follows is an elaboration on these points).

I am writing today to announce firmly that I think that everyone involved in the “Anti-Foreclosure” guerilla resistance is and has been misguided, myself included.  We have to stop thinking, or even looking for ways, to succeed on an individual, case-by-case basis.  We have to organize as a community whose wealth and values are under siege.  Offering potential strategies or hypothetical solutions to individuals is just “wrong” and we’ve got to give it up.  We must organize like the abolitionists before 1861, like the labor unions from the 1880s-1920s, like the real civil rights activists of the 1950s-60s.  All our “gurus” and sources of individual advice regarding individual and isolated action, from the cosmically brilliant Neil Garfield on his wonderful “Living Lies” website, down the hierarchy through local geniuses like April Carrie Charney and Malcolm Doney in Florida, Charles Koppa and Catherine Bryan in Orange and San Diego Counties, California all the way down to Theresa Moore and Robert Garvin in Studio City and finally Peyton and me have just had it all wrong—–we have been doing more harm than good.  

We are all either engaging in false hopes or blindly misleading people to think that we can stop the seizure of homes and property in any sort of systematic way through litigation and the court system.  

Worse than that, by offering false hopes to people and engaging in one losing court-battle after another, we have been bolstering and shoring up the success of the corporate-banking enemies.

What I am writing today is that the individual case-litigation approach is a massive failure even to slowing the rates of foreclosure and eviction in California or anywhere else.  Even in Florida, at best “Anti-Foreclosure Guerillas” like April Carrie Charney, Malcolm Doney and Catherine Bryan can claim very if outright victories other than temporary delay in a small percentage, not even a statistically significant minority of foreclosures or evictions.  

The individual case strategy cannot be used to eradicate what is a society-wide systemic cancer created by the politically tempting bait of “easy credit” which was, after all, the original communist-socialist demand of the mid-to-late nineteenth century.

Because “easy credit” is by definition based on wants and desires rather than actual wealth or production, “easy credit” is the antithesis of capitalism or any sound economic system, but it sure is popular if you’re a politician….  When they said that Communism works through the ways and means of the devil, they weren’t kidding: the theory that temptation has been the path to sin and death since the Garden of Eden is not actually “just a theory” but a fairly demonstrable fact.

Even coordinated constitutional litigation cannot work because I do not think we can every achieve statewide in California, much less nationwide, anything like what I tried and failed to achieve in the family courts in Williamson County Texas in 2005-7.  What I tried in Georgetown, Texas, was to try to arouse and incite enough popular discontent and cooperative participant action among parents that we might close down the system.  I came close enough that Judge James F. Clawson commented on the fact that if he did not ban me from further litigation in the state of Texas, I would have closed down the Family Law Courts.  

But in fact we did not come anywhere close to permanently shutting down the courts by flooding them with protests and constitutionally demanding civil rights motions and litigation maneuvers.  We just got labelled “paper terrorists.”  Ok, Assistant Texas A.G. James Carlton Todd and his boss Mr. Greg Abbott actually called me “the most dangerous paper terrorist in Texas”—but that dubious distinction plus $5.00 is barely enough to buy you a coffee and pound cake at Starbucks these days.

Given the scale of the foreclosure crisis—Millions in California alone—tens of millions nationwide—1.5 million abandoned and empty homes in Florida—we have to recognize this as a problem much bigger than any of us as individuals.  

Slavery was not abolished by helping individual slaves escape through the “underground railroad” or even through individual plantation-owners granting manumission by will to hundreds or thousands of slaves upon their deaths by will.  

Decent wages in factories were never achieved by individualized negotiation for “modifications” of employment contracts—only by COLLECTIVE ACTION on the part of organized labor unions—and that is what we need in the foreclosure arena.  And in doing so we have to recognize that we face, just like the operators of the underground railway did, just as the early leaders of the labor movement did in the 1880s-1890s, the possibility of arrest and even armed suppression of our movement.  (Compare the “Haymarket Riot” in Chicago on May 4, 1886 and the much larger and more widespread Pullman Riots, also centered in Chicago but Nationwide, in the summer of 1894.)

So if we REALLY oppose collectivization of private property we cannot do so individually, we cannot oppose the government one-on-one, unless we do so as “We the People” acting politically and in concert.  To this end I would ask for contributions to take out full – page ads in the Los Angeles Times and advertise on television and radio as well as the internet.  “CALIFORNIA FORECLOSURE LAW IS UNCONSTITUTIONAL—TAKE BACK YOUR RIGHTS BEFORE THEY TAKE YOUR HOME, IF YOUR HOME HAS BEEN TAKEN, TAKE BACK YOUR RIGHTS AND YOUR HOME.

We must clearly articulate our position that: we know that the Foreclosure Crisis is Government Policy in Action, Securitization is the Banks’ Communistic Mechanism for Confiscation, and we demand an end to both the governmental policy and the (ironic as it might seem) banks’ confiscation of property by securitization.  

The outward trappings of capitalism have become the instruments of communistic confiscation and expropriation of homes and the destruction of families.  This will only end when the people demand it to end—and the Courts are not the proper arenas to do this. Courts in the United States and Europe, all known judicial systems, really, are designed at best to correct (or compensate) small variant problems and deviations from established norms.  

We who OPPOSE foreclosure and eviction, who DEMAND adherence to the common law and constitutional norms respecting contract and the right to own property according to contractual terms and rights, WE are the deviants now, and it is UP TO US to bring the law into conformity.  It is a tall order, but it is the only way we can reclaim our heritage and our RIGHTS to property—even when so much property has already been lost or destroyed.

Courts can only act as mechanisms for the imposition of widespread social and cultural change when they are expressly delegated this purpose by the political branches, as they have been during the racial civil rights movements 1948-1972 and the less well-publicized but even more historically significant family and domestic relations “reformulations” involving no fault divorce, abortion, and “sexual liberation” generally during the period starting not later than 1962 and continuing until the present time.  

Ironically, for all its internal contradictions, for all that it was an incomplete movement which only raised up one part of society by dragging down another, upgraded some statements of rights while degrading others, some of the best pro freedom statements and constitutional formulations of the law as written today owe their origins to the American Civil Rights movement.  

The civil rights movements of both the 1860s-70s (though mostly constitutional and statutory) and 1950s-60s (mostly judicial) had many positive components and results which were actually pro-freedom and anti-communist (although the movement itself was widely labelled as “communistic” by many opponents during the twentieth century—I often retell the story that among my earliest memories of highway driving in Texas and Louisiana were the “Impeach Earl Warren” signs all throughout the South and Southwest in the late 1960s).  

Again ironically, the “sexual liberation” movement and now the mortgage foreclosure crisis have undone many of the positive, pro freedom, effects of the civil rights movement by creating new forms of oppression (as indeed have some statutory civil rights programs—as distinct from a strong majority of the judicial decisions of the civil rights quarter century noted, 1948-1972).  

But the mortgage foreclosure crisis appears to be completing what was worst in both the civil rights and sexual liberation movements: the final destruction of the home-based family and stable neighborhood community.  In fact, it is fair to say that, on the populist activist level, it would now be impossible to have a civil rights movement analogous to the one that started after World War II, because NO COHERENT COMMUNITIES OF ANY POLITICALLY SIGNIFICANT SIZE REMAIN IN AMERICA TODAY—we are truly a nation of transients).

For fifteen years now, since 1996, I have been involved almost continuously in Civil Rights litigation of one species or another against State and Corporate abuses of individual rights and personal autonomy, against takings of liberty & property without due process of law.  I started off fighting the Sheriffs and Police Departments in Central Texas, disputing their claims of “qualified immunity” to abuse the rights and autonomy of people on a random and unsystematic basis, almost like criminals or terrorists.  I then graduated to believing the problem took a more systematic form with a plan to destroy the individual and family regularly and predictably, and that the root of problem lay with judicial immunity and the Court system, especially the Family or Domestic Relations Courts.  I still believe that at both levels, our local, state, and national institutions have betrayed their birthright in liberty.

Since 2006, my focus has been primarily against the mortgage finance and credit systems.  During these five years’ time I have researched and experimented with many varieties of theories or approaches to common-law (and commercial code) holder-in-due-course doctrine, privity of contract, quiet title, securities fraud, and other pro-consumer, pro-buyer, theories.  I have tried and tested such theories at the very least in Texas, Florida, Louisiana, Michigan, Massachusetts, Connecticut, New Jersey, Colorado, Idaho, Washington, Arizona, Nevada, and (most intensely of all since 2008) California.   I know that, logically and rationally, all these theories are either correct in some absolute or historical or logical sense, but they do not work in Court in ANY SORT OF PREDICTABLE WAY. What this means is that, as a matter of any individual’s “reasonable expectation”, there is no adequate remedy at law or in equity, there is only the occasional, seemingly almost random, single decision in a thousand or so that goes the way of the owner consumer.  This is not a matter of “legal victory”, this is a matter of “playing the odds” at Roulette or Blackjack, much worse than betting on racecars, ponies, thoroughbreads, or greyhounds whose mechanical design and/or natural and innate skills can be rated and assessed objectively.

In the past five years, no two cases or situations have ever been exactly alike, but the pattern is always the same: the decks in the courthouses across the nation are stacked against the homeowner/consumer/buyer/ “borrower” or “credit applicant/credit user.”   I feel I fairly competently understand the law in only five states at the present time: California, Florida, Massachusetts, Michigan, New Jersey, and Texas (although all the Ninth Circuit States—Arizona, Idaho, Nevada, Washington—are by conscious historical design pretty close in design and execution of statutory scheme to California).   In Florida and New Jersey, the law is EXCELLENT, in that foreclosure and eviction are both by the clear requirement of the law judicial in nature, and common law modified by the commercial code is all that counts.  Yet the rate of foreclosure is astronomical in both states.  In Florida, they are dragging judges out of retirement to preside over the foreclosure epidemic in the state with the flimsiest houses (owing to both construction and lack of regular winter weather) and the nation’s longest tradition of continuous real estate fraud.  In New Jersey, there is a moratorium on foreclosure proceedings until the system “can catch up with itself” whatever that means.  

In California, the worst laws in the country are fueling the worst foreclosure epidemic anywhere in history.  I have written extensively about California Civil Code §§2924 et seq., especially 2924a, 2924i, and the related “attorney conspiracy” limitations of §1714.10.  Michigan and Texas are both “mixed” systems where judicial and non-judicial foreclosure are authorized by law, but non-judicial foreclosure has become the norm in the past decade.

It was only when I came to California in 2008 that I began to realize for certain what was really going on, and what is really going on is that the United States Government, and State Governments with more-or-less enthusiasm, are cooperating with banks and finance companies to abolish private property and turn ownership of all private interests to a state-controlled governmental-corporate conglomerate along the lines originally suggested in Karl Marx’ and Frederick Engels’ Communist Manifesto of 1848.  

      In some very real ways, the most disturbing results come from Massachusetts.  To the same degree that I believe that the Gomes v. Countrywide Home Loan case (121 CalRptr3d 819 OPINION Gomes v Countrywide Home Loans Inc Feb_18_2011) illustrates the utter futility of fighting within the law of California—(when the law itself is the enemy and unconstitutional wall-to-wall), I had thought that the Ibanez case in Massachusetts showed a glimmer of sanity and light on the East Coast US Bank Nat Ass’n v Ibanez 458 Mass 637 941 NE2d 40 (Massachusetts 2011).  Peyton’s research in Massachusetts last month (May 2011) has brought evidence to my attention that Ibanez in fact had nothing whatsoever to do with securitization and that Massachusetts law appears to expressly permit the separation of ownership of the note and ability to collect on the mortgage, and has done so for approximately 100 years.  In particular, two sections of its general laws make Massachusetts appear as bad or even worse than California in terms of its statutory scheme, although Massachusetts generally has a much “kinder and gentler” set of consumer protection laws § 9-609 Secured Party’s Right to Take Possession After Default UCC 106 Art 9 GENERAL LAWS of MASSACHUSETTS and § 9-607 Collection and Enforcement by Secured Party (these are all part of the “gentle, gradual” transition to socialism which deceptively gives the—entirely false— appearance of respect for individual rights).  The “Uniform Commercial Code Comment” for 1999 Main Volume appears to confirm that the note and mortgage may be separated in Massachusetts by stating: 

“6. Relationship to Rights and Duties of Persons Obligated on Collateral. This section permits a secured party to collect and enforce obligations included in collateral in its capacity as a secured party. It is not necessary for a secured party first to become the owner of the collateral pursuant to a disposition or acceptance.”

In other words, Massachusetts Law addresses by editing the Uniform Commercial Code what would otherwise is and should remain one of the strongest common law (and in fact, “normal” commercial code) explanations for why securitized mortgages are (everywhere else) facially illegal. It is widely known that Massachusetts and California are two of the most “socialist-tending” states in the Union—so the Ibanez case as originally (apparently, COMPLETELY misinterpreted) was a major surprise.  See also the Boston Bar Journal Comment on the case: Boston Bar Journal US BANK v IBANEZ THE MORTGAGE INDUSTRY’S DOCUMENTATION PRACTICES IN FOCUS, and for the disconnection between Massachusetts law and the rest of the United States Concerning the necessary that “note and mortgage travel together” see the Westlaw Journal Article published on Valentine’s Day: 02-14-2011 IBANEZ A 19TH-CENTURY DECISION FOR THE 21ST CENTURY.  

Now, regardless of whether California or Massachusetts has the WORST foreclosure law “on the books” the simple truth is that the law, and the way that the law is consistently applied by the courts—is the primary problem—NOT “robo signing” by the banks, NOT any of the faults or practices of the banks at all in fact—because if the Courts would enforce the common law and constitution against the financial industry, criminal and civil violations would be recognized and dealt with as such.  The problem is that the law and the Courts have effectively IMMUNIZED the Banks and financial institutions pursuant to an express government policy—very succinctly and clearly, and unambiguously identified, articulated, and described in the California Gomes opinion attached above, from February 18, 2011, that California public policy favors quick and easy foreclosure.  Foreclosure has thus become a kind of “kindly manner” of execution in this “Brave New World” in which we now live.  (Compare G.B. Shaw’s Intelligent Woman’s Guide to Socialism” which explains: 

…under Socialism…..you would be forcibly fed, clothed, lodged, taught, and employed whether you liked it or not.  If it were discovered that you had not the character and industry enough to be worth all this trouble, you might possibly be executed in a kindly manner; but whilst you were permitted to live you would have to live well.”)

One repeating mantra of the “easy credit” society is that “living well is the best revenge” but appears that in a Socialist Society—others (namely the Corporate/Governmental Intelligencia) has the power to decide on our behalf what constitutes good living.  Obviously, the choice to live austerely in the desert and contemplate truth, like the early Christian monastics known as “The Desert Fathers” would be off limits/impermissible.  I suppose “living well” means buying at shopping malls, living in government/corporate allocated housing which will be awarded based on the degree of your conformity with government/corporate policy—whatever that is—which determines whether you have or have not the character and industry enough to be worth all this trouble.”

Getting to these conclusions and understanding what’s going on has been a long and fairly painful process…..

       It is still less than ten years since, on my son Charlie’s tenth birthday, California Attorney Deborah S. Gershon, then Vice-President and General Counsel of AAMES Home Loan, Inc., informed me that AAMES could not modify any Home Loans because the notes at all been pooled and securitized.  Following up, I now find that Deborah S. Gershon (according to her profile with the California State Bar) is employed by and affiliated with another subprime lender: “Signature Group Holdings, Inc.” (owner of “Signature Capital Advisers, LLC, Fremont Credit Corporation and Fremont Investment & Loan Bank of California).  This is very interesting because Fremont Investment & Loan went through bankruptcy reorganization a couple of years ago as a direct result of some early “foreclosure crisis” litigation in Massachusetts relating to predatory lending in the sub-prime field.  See, e.g., http://masscases.com/cases/sjc/452/452mass733.html (452 Mass. 733, 2008) and also, Attorney General Martha Coakley’s press release on her $10MM settlment http://www.mass.gov/?pageID=cagopressrelease&L=1&L0=Home&sid=Cago&b=pressrelease&f=2009_06_09_fremont_agreement&csid=Cago   In short, Deborah S. Gershon has dedicated her life to the securitization of mortgages and related financial and legal endeavors.  It is apparently a very good business, and a very good line of work.  Those who had the foresight to join in that movement deserve the same respect as those who saw that the Bolsheviks were destined to rule Russia after the 1917 Revolution, that Mao Tse-Tung would triumph over Chiang Kai-shek (aka Jiǎng Jièshí or Jiǎng Zhōngzhèng in Mandarin), and that Saigon would ultimately fall to Ho Chi Minh in Vietnam (for the Vietnamese aftermath, seehttp://www.eng.hochiminhcity.gov.vn/eng/news/default.aspx?cat_id=513&news_id=12053#content “Scientific seminar on President Ho Chi Minh and the road to national salvation”).

AAMES was a pioneer in home equity loans, starting an advertising program in the late 1970s (Carter Administration) which included some fairly interesting and or amusing ads, see for example: http://www.youtube.com/watch?v=jjTzEzNT7_M&NR=1http://www.youtube.com/watch?v=CJgB335zLfc&NR=1http://www.youtube.com/watch?v=Cp5STpiAwt0.  AAMES is thus one of the earliest criminal enterprises which insinuated the concept of Easy Home Credit through the Yellow Pages into the American Consciousness as a vehicle of expanding credit regardless of productivity and wealth or REAL need—and AAMES’ was a mover in reshaping Federal and State laws to allow for the extension of such loans and the consequent expropriation of homes without due process of law.  

In one sense, the American people bear full responsibility for and complicity in this crisis up to the present time.  More certainly even than that the Germans voted Hitler and the Nazi Party into power in not one fluke but two successive national elections in 1932 and 1933, the Americans have repeated voted the supporters of easy credit and punitive and confiscatory policies leading to the expropriation of property into power.  The destruction of Germany under Hitler and during World War II, then was guaranteed by only two elections.  

The Americans have been voting soft-sell corporate socialists into power continuously for 76 years since 1932, with increasingly express enthusiasm since at least 1970 (the last “real” anti-communists to receive any electoral votes for the Presidency were Barry Goldwater in 1964 and George Wallace in 1968).  The election of 2008 saw the first election of the first avowedly, admittedly socialist President in U.S. History, and major magazine articles discussed his commitment to socialism with fanfare as “Cover” articles, but little actual controversy.  And the greatest irony was that there was not one IOTA of difference between the “avowedly socialist” policies of President Barack Hussein Obama and the “Conservative Republican” policies of George Walker Bush—Obama has yet to introduce a single policy without precedent in his predecessor’s administration more significant than his “cash for clunkers” program.  (“Obamacare” has actually been “in the works” since 1993 during Hillary’s first term in the White House….. yes, if Paula Jones and Monica Lewinsky made anything clear about Bill Clinton, it was that if anyone was wearing the pants in the White House during the first term, it certainly was NOT him….and in fact Hillary’s support for health care reform back then was well-known and publicized).  

The highly controversial “individual mandate” for healthcare has been a socialist threat since the 1920s.  Samuel Gompers, an early American union leader, founder of the American Federation of Labor (A.F.L.) and contemporary of Eugene Debbs, argued against the individual mandate as early as January 22, 1917:

“Compulsory social insurance is in its essence undemocratic and it cannot prevent or remove poverty.  The workers of America adhere to voluntary institutions in preference to compulsory systems, which are held to be not only impractical, but a menace to their rights, welfare, and their liberty.  Compulsory sickness insurance for workers is based on the theory that they are unable to look after their own interests and the state must use its authority and wisdom and assume the relation of parent and guardian.”

If Gompers could see the “individual mandate” coming in January of 1917, it is not so surprising that we now HAVE IT as enacted law today, in June 2011, despite considerable resistance in the courts and public mind.

And the general proposition that socialism would be imposed by stealth on the United States people without their realizing it has been around since at least 1947, when Harvard’s famed professor of history (and CUNY “Albert Schweitzer Professor of the Humanities”) wrote in an oft-quoted essay:

IF SOCIALISM (i.e. OWNERSHIP BY THE STATE OF ALL SIGNIFICANT MEANS OF PRODUCTION) is to preserve democracy, it must be brought about step by step in a way which will not disrupt the fabric of custom, law, and mutual confidence upon which personal rights depend.

         That is, the transition must be piecemeal; it must be parliamentary; it must respect civil liberties and due process of law Socialism by such means used to seem fantastic to the hardeyed melodramatists of the Leninist persuasion; but even Stalin is reported to have told Harold Laski recently [remember this was written in 1947] that it might be possible.  . . . There seems no inherent obstacle to the gradual advance of socialism in the United States through a series of New Deals.  

        Socialism, then, appears quite practical within this frame of reference, as a longtime proposition.  Its graduate advance might well preserve law and order…. the active agents in effecting the transition will probably be, not the working classes, but some combination of lawyers, business and labor managers, politicians, and intellectuals, in the manner of the first New Deal.  

Quoted in John A. Stormer’s 1964 None Dare Call it Treason, Ch. XIII, Economics & Government: 199.

I submit to you that we find ourselves in a critical moment of history.  I oppose collectivism because I want to own my home and all its contents.  If people steal my home and all its contents under any pretext which violates my common law contractual and constitutional rights, I want them to be held liable as thieves and compelled either to restore my property to me or to compensate me very richly for the loss of the same.  I have in fact lost two homes and their valuable movable content to such “predatory lending practices”, once in Texas and once in California, both times in 2009.       I don’t think it is a coincidence that these criminal acts happened during the first full year of the first term of the first openly socialist President of the United States.  Expropriation and confiscation and destruction of private property are, in essence, a core part of the socialist way of life, mandated by the express terms of the Communist Manifesto of 1848.  

      How do you feel about your homes and property, if you still have them OR if you’ve already lost them?  Do you believe that those who oppose collectivism are routinely discredited by smears as I and so many others have been?  Do you believe that we should all accept that we “can’t fight city hall” as our philosophy and settle down to “exist” within the framework of a completely-controlled, federally dominated economy and culturally decimated way of life?  Do you feel that politicians should avoid genuine controversy, and focus on emotionally “hot” issues which are tangential to the choices we have to make that will define our own and our children’s way of life for hundreds of years to come?  

Should we all just look to our own individual interests or should we band together and fight until the laws which permit Collectivisation of our Society and the Confiscation and/or Expropriation of all that we own are repealed and or overturned?

NONE OF THESE THINGS WILL EVER OCCUR THROUGH INDIVIDUAL CASE-BY-CASE LITIGATION.  NONE OF US WILL EVER REALLY OWN PRIVATE PROPERTY AGAIN UNTIL ALL OF US CAN OWN PRIVATE PROPERTY and, within the words of the Fourth Amendment, know for sure that “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated,” either by the Federal Government, the State Government, Local Sheriffs, or Privateering Real Estate Pirates Like Steven D. Silverstein and all the other marauders like him who operate “under color of law” in California and nationwide.