I just posted the attached flyer at docstoc:
Print it front and back at Kinkos, Office Max, Staples, etc, and distribute it to all the attorneys you can reach as well as to your state and federal legislators.
Send this notice to all your mailing lists, to all your family, and to all your friends and colleagues. Ask them to ACT NOW to flood the place with these flyers.
I created this in Microsoft Publisher. Let me know if you want the original publisher file so you can brand it as your own.
Each flyer contains this information:
Special note. Sere the bottom of this message for a message from Dr. Charles Lincoln about fighting foreclosure in the corrupted courts of California.
Vote Lawyers out
Americans for Good Government
15 June 2011
Volume 1, Issue 1
In this issue:
Republican Ideals Thwarted by Bar 1
Bar Integration with Judiciary: Bad 1
The Solution: Excise the Bar and its members from Government 2
Till Then, DON'T VOTE FOR LAWYERS 2
Special points of interest:
Integration of bar makes good government impossible.
The bar in government creates a legal services monopoly.
The bar corrupts judges and lawyers.
The People MUST excise the bar from government.
Republican Ideals Thwarted by Bar
A republican government requires the rulers to abide by the same laws as the ruled. People have endured centuries of abuse and fought long, terrible wars against tyrants to attain such an ideal. You see, rulers always want more lax rules for themselves. The Colonists established a constitutional republic after the bloody American Revolution of 1776. It limited government powers and guaranteed people's rights.
The US Constitution provides in Article IV Section 4: "The United States shall guarantee to every State in this Union a Republican Form of Government..." Florida's Constitution mandates in Article II Section 3: "The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein."
Loyalty oaths should mean something, but they don't. Courts should guarantee good government, but they don't. Throughout the USA, bar members as judiciary officers have infested every branch of government. So, the republics in the several states have declined. Our rulers now make bad laws and flout good laws, operating a cabal of lawlessness under color of law..
Integration of Bar with Judiciary: Bad
The Florida Supreme Court integrated the Florida State Bar Association (absorbed into itself) as its "official arm," The Florida Bar, in 1949 (40 So.2d 902, 1949 Fla.SCt 374). Over 1600 of the 2700 members had petitioned for integration. The bar has amassed a private fortune in excess of $35 million and engages in political activities. Members must pay dues and suffer the discipline of the Supreme Court.
Bar integration created a judicial oligarchy that destroyed the Florida republic in several ways.
1. Bar members work in every branch of government, in violation of the Florida Constitution's Article II Section 3 separation of powers mandate. 35 of Florida's Representatives (119) and Senators (40) belong to the bar. Executive and legislative branches have countless staff attorneys. The Constitution mandates that all judges, justices, State Attorneys, and the Attorney General must have bar membership.
2. This level of infestation of government by bar members has created a "good old boys" network of operatives which have made it difficult to eliminate control of the whole government by the judiciary and its members.
3. UPL, the Unlicensed Practice of Law statute 454.23, has created a legal services monopoly that has driven up legal fees so that only the wealthy can afford a lawyer's protection. People help one another with legal problems only at the risk of prosecution for felony UPL.
4. Judicial immunity has made the courts hopelessly corrupt. Judges flout the law and rules with impunity because the Judicial Qualifications Commission and Legislature let them.
Solution: Excise the Bar
To solve these problems, the people of Florida must: take action like this ten-step plan
1. Excise the bar and its members from government.
2. Hand control of licensing, discipline, and regulation of lawyers to the Executive Branch.
3. Make UPL apply ONLY to attorneys and those who claim attorney status.
4. Simply the process by whicn people put evidence of judicial and attorney crimes into the hands of the grand juries.
5. Simplify the process of rehabilitating, indicting, and convicting rogue judges by stripping them and prosecutors of all forms of immunity for injuries to the people.
6. Require bailiffs to arrest judges who commit crimes from the bench.
7. Restore the right of the people to conduct criminal prosecutions of government employees who have injured them.
8. Establish penalties for violation of loyalty oaths.
9. Remove the words "and Government" from the Florida Constitution's Article II Section 5 public officer's oath. They create a good old boys network in government.
10. Make all public officers buy annual performance bonds against loyalty oath violations, and simplify the process of filing claims against them for injuries.
Of course this will require changes to the Florida Constitution and laws. Bar members will make this difficult. But, they will not make it impossible if YOU take political action NOW.
Send the foregoing agenda to your legislators demanding implementation.
Vote Bar Members Out of office whenever possible.
For More Information visit these web sites:
Each citizen must act with resolve toward the ideals of good government.
Americans for Good Government
Don't Vote for Lawyers
---------------------------- From Dr. Charles Lincoln ---------------------------
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: 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 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 "" 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.
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").
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:
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:
Quoted in John A. Stormer's 1964
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.
Charles Edward Lincoln, III
"Ich bin der Geist der stets verneint"
Deo Vindice/Tierra Limpia
Think not that I am come to send peace on earth: I came not to send peace, but a sword. For I am come to set a man at variance against his father, and the daughter against her mother, and the daughter in law against her mother in law. And a man's foes shall be they of his own household.
He that loveth father or mother more than me is not worthy of me: and he that loveth son or daughter more than me is not worthy of me. And he that taketh not his cross, and followeth after me, is not worthy of me. He that findeth his life shall lose it: and he that loseth his life for my sake shall find it.