The UCC Connection:
Free Yourself from Legal Tyranny
September 22, 1991
Foreword
This is a slightly condensed, casually paraphrased
transcript of tapes of a seminar given in 1990 by Howard Freeman.
It was prepared to make available the knowledge and experience of
Mr. Freeman in his search for an accessible and understandable
explanation of the confusing state of the government and the
courts. It should be helpful to those who may have difficulty
learning from such lectures, or those who want to develop a
deeper understanding of this information without having to listen
to three or four hours of recorded material.
The frustration many Americans feel about our judicial
system can be overwhelming and often frightening and, as most
fear, is based on lack of understanding or knowledge. Those of
us who have chosen a path out of bondage and into liberty are
faced, eventually, with the seemingly tyrannical power of some
governmental agency and the mystifying and awesome power of the
courts. We have been taught that we must "get a good lawyer,"
but that is becoming increasingly difficult, if not impossible.
If we are defending ourselves from the government, we find that
the lawyers quickly take our money and then tell us, as the ship
is sinking, "I can't help you with that -- I'm an officer of
the court."
Ultimately, the only way for us to have even a "snowball's
chance" is to understand the RULES OF THE GAME and to come to an
understanding of the true nature of the Law. The lawyers have
established and secured a virtual monopoly over this area of
human knowledge by implying that the subject is just too
difficult for the average person to understand, and by creating a
separate vocabulary out of English words of otherwise common
usage. While it may, at times, seem hopelessly complicated, it
is not that difficult to grasp. Are lawyers really as smart as
they would have us believe? Besides, anyone who has been through
a legal battle against the government with the aid of a lawyer
has come to realize that lawyers learn about procedure, not about
law. Mr. Freeman admits that he is not a lawyer and, as such, he
has a way of explaining law to us that puts it well within our
reach. Consider also that the framers of the Constitution wrote
in language simple enough that the people could understand,
specifically so that it would not have to be interpreted.
So, again we find, as in many other areas of life, that "THE
BUCK STOPS HERE!" It is we who must take the responsibility for
finding and putting to good use the TRUTH. It is we who must
claim and defend our God-given rights and our freedom from those
who would take them from us. It is we who must protect
ourselves, our families and our posterity from the inevitable
intrusion into our lives by those who live parasitically off the
labor, skill and talents of others.
To these ends, Mr. Freeman offers a simple, hopeful
explanation of our plight, and a peaceful method of dealing with
it. Please take note that this lecture represents one chapter in
the book of his understanding, which he is always refining,
expanding and improving. It is, as all bits of wisdom are, a
point of departure from which to begin our own journey into
understanding, that we all might be able to pass on to others
greater knowledge and hope, and to God, the gift of lives lived
in peace, freedom and praise.
UCC Connection
"I send you out as sheep in the midst of wolves,
be as wise as a serpent and harmless as a dove."
Introduction
When I beat the IRS, I used Supreme Court decisions. If I
had tried to use these in court, I would have been convicted.
I was involved with a Patriot group and I studied supreme
Court cases. I concluded that the Supreme Court had declared
that I was not a person required to file an income tax -- that
the tax was an excise tax on privileges granted by government.
So, I quit filing and paying income taxes, and it was not long
before they came down on me with a heavy hand. They issued a
notice of deficiency, which had such a fantastic sum on it that
the biggest temptation was to go in with their letter and say,
"Where in the world did you ever get that figure?" They claimed
I owed them some $60,000. But, even if I had been paying taxes,
I never had that much money, so how could I have owed them that
much?
Never Argue the Amount of Deficiency
Fortunately, I had been given just a little bit of
information: NEVER ARGUE THE FACTS IN A TAX CASE. If you're not
required to file, what do you care whether they say you owe sixty
dollars or 60,000 dollars? If you are not required to file, the
amount doesn't matter. Don't argue the amount -- that is a
fact issue. In most instances, when you get a Notice of
Deficiency, it is usually for some fantastic amount. The IRS
wants you to run in and argue about the amount. The minute you
say, "I don't owe that much," you have agreed that you owe them
something, and you have given them jurisdiction. Just don't be
shocked at the amount on a Notice of Deficiency, even if it is
ten million dollars! If the law says that you are not required
to file or pay tax, the amount doesn't matter.
By arguing the amount, they will just say that you must go
to tax court and decide what the amount is to be. By the time
you get to tax court, the law issues are all decided. You are
only there to decide how much you owe. They will not listen to
arguments of law.
So, I went to see the agent and told him that I wasn't
required to file. He said, "You are required to file, Mr.
Freeman." But I had all these supreme Court cases, and I started
reading them to him. He said, "I don't know anything about law,
Mr. Freeman, but the Code says that you are required to file, and
you're going to pay that amount or you're going to go to tax
court." I thought that someone there ought to know something
about law, so I asked to talk to his superior. I went to him and
got out my Supreme Court cases, and he wouldn't listen to them.
"I don't know anything about law, Mr. Freeman ...." Finally, I
got to the Problems Resolution Officer, and he said the same
thing. He said that the only person above him was the District
Director. So, I went to see him. By the time I got to his
office, they had phoned ahead, and his secretary said he was out.
But, I heard someone in his office, and I knew he was in there.
I went down the elevator, around the corner to the Federal
Building and into Senator Simpson's office. There was a girl
sitting there at a desk, and she asked if she could help me. I
told her my problem. I said that I really thought the District
Director was up there. I asked her to call the IRS and tell them
that it was Senator Simpson's office calling, and to ask if the
District Director was in. I said, "If you get him on the phone,
tell him that you are from the Senator's office and you have a
person whom you are sending over to speak to him -- if he is,
can he wait just five minutes. His secretary met me when I came
in and said, "Mr. Freeman, you're so lucky -- the Director just
arrived."
The Director was very nice and offered me coffee and cookies
and we sat and talked. So, he asked me what I wanted to talk to
him about. (If you ever have someone say to you, "I'm from the
government and I'm here to do you a favor," watch out! But, we
can turn that around and approach them the same way.) So, I
said, "I thought you ought to know that there are agents working
for you who are writing letters over your name that you wouldn't
agree with. Do you read all the mail that goes out of this
office over your signature?" The Director said, "Oh, I couldn't
read everything -- it goes out of here by the bagful." That
was what I thought. I said, "There are some of your agents
writing letters which contradict the decisions of the supreme
Court of the United States. And they're not doing it over their
name; they're doing it over your name."
He was very interested to hear about it, and asked if I had
any examples. I just happened to have some with me, so I got
them out and presented them to him. He thought it was very
interesting and asked if I could leave this information with him,
which I did. He said he would look it over and contact me in
three days. Three days later, he called me up and said, "I'm
sure, Mr. Freeman, that you will be glad to know that your Notice
of Deficiency has been withdrawn. We've determined that you're
not a person required to file. Your file is closed and you will
hear no more from us." I haven't heard another word from them
since. That was in 1980, and I haven't filed since 1969.
The Supreme Court on Trial
I thought sure I had the answer, but when a friend got
charged with Willful Failure to File an income tax, he asked me
to help him. I told him that they have to prove that he
willfully failed to file, and I suggested that he should put me
on the witness stand. He should ask me if I spoke at a certain
time and place in Scott's Bluff, and did I see him in the
audience. He should then ask me what I spoke of that day. When
I got on the stand, I brought out all of the Supreme Court cases
I had used with the District Director. I thought I would be
lucky to get a sentence or two out before the judge cut me off,
but I was reading whole paragraphs -- and the judge didn't stop
me. I read one and then another, and so on. And finally, when I
had read just about as much as I thought I should, the judge
called a recess of the court. I told Bob I thought we had it
made. There was just no way that they could rule against him
after all that testimony. So we relaxed.
The prosecution presented its case and he decided to rest
his defense on my testimony, which showed that he was not
required to file, and that the Supreme Court had upheld this
position. The prosecution then presented its closing statements
and we were just sure that he had won. But, at the very end, the
judge spoke to the jury and told them, "You will decide the facts
of this case, and I will give you the law. The law required this
man to file an Income Tax form. You decide whether or not he
filed it." What a shock! The jury convicted him. Later, some
members of the jury said, "What could we do? The man had
admitted that he had not filed the form, so we had to convict
him."
As soon as the trial was over, I went around to the judge's
office and he was just coming in through his back door. I said,
"Judge, by what authority do you overturn the standing decisions
of the United States supreme Court. You sat on the bench while I
read that case law. Now, how do you, a District Court Judge,
have the authority to overturn decisions of the Supreme Court?"
He says, "Oh, those were old decisions." I said, "Those are
standing decisions. They have never been overturned. I don't
care how old they are. You have no right to overturn a standing
decision of the United States Supreme Court in a District Court."
Public Law vs Public Policy
He said, "Name any decision of the Supreme Court after 1938
and I'll honor it, but all the decisions you read were prior to
1938, and I don't honor those decisions." I asked what happened
in 1938. He said, "Prior to 1938, the Supreme Court was dealing
with Public Law; since 1938, the Supreme Court has dealt with
Public Policy. The charge that Mr. S. was being tried for is a
Public Policy Statute, not Public Law, and those Supreme Court
cases do not apply to Public Policy." I asked him what happened
in 1938. He said that he had already told me too much -- he
wasn't going to tell me any more.
1938 and the Erie Railroad
Well, I began to investigate. I found that 1938 was the
year of the Erie Railroad v. Tompkins case of the Supreme Court.
It was also the year the courts claim they blended Law with
Equity. I read the Erie Railroad case. A man had sued the Erie
railroad for damages when he was struck by a board sticking out
of a boxcar as he walked along beside the tracks. The district
court had decided on the basis of Commercial (Negotiable
Instruments) Law that this man was not under any contract with
the Erie Railroad, and therefore he had no standing to sue the
company. Under the Common Law, he was damaged and he would have
had the right to sue.
This overturned a standing decision of over one hundred
years. Swift v. Tyson in 1840 was a similar case and the
decision of the supreme Court was that in any case of this type,
the court would judge the case on the Common Law of the State
where the incident occurred -- in this case, Pennsylvania.
But, in the Erie Railroad case, the supreme Court ruled that all
federal cases will be judged under the Negotiable Instruments
Law. There would be no more decisions based on the Common Law at
the federal level. So, here we find the blending of Law with
Equity.
This was a puzzle to me. As I put these new pieces
together, I determined that all our courts since 1938 were
Merchant Law courts and not Common Law courts. There were still
some pieces of the puzzle missing.
A Friend of the Court
Fortunately, I made a friend of a judge. Now, you won't
make friends with a judge if you go into court like a "wolf in
black sheep country." You must approach him as though you are
the sheep and he is the wolf. If you go into court as a wolf,
you make demands and tell the judge what the law is -- how he
had better uphold the law or else. Remember the verse: I send
you out as sheep in wolf country; be as wise as a serpent and as
harmless as a dove. We have to go into court and be wise and
harmless, and not make demands. We must play a little dumb and
ask a lot of questions. Well, I asked a lot of questions and
boxed the judges into a corner where they had to give me a
victory or admit what they didn't want to admit. I won the case,
and on the way out I had to stop by the clerk's office to get
some papers. One of the judges stopped and said, "You're an
interesting man, Mr. Freeman. If you're ever in town, stop by,
and if I'm not sitting on a case, we will visit."
America is Bankrupt
Later, when I went to visit the judge, I told him of my
problem with the supreme Court cases dealing with Public Policy
rather than Public Law. He said, "In 1938, all the higher
judges, the top attorneys and the U.S. attorneys were called into
a secret meeting and this is what we were told:
America is a bankrupt nation -- it is owned completely by
its creditors. The creditors own the Congress, they own the
Executive, they own the Judiciary and they own all the State
governments.
Take silent judicial notice of this fact, but never reveal
it openly. Your court is operating in an Admiralty
Jurisdiction -- call it anything you want, but do not call
it Admiralty.
Admiralty Courts
The reason they cannot call it Admiralty Jurisdiction is
that your defense would be quite different in Admiralty
Jurisdiction from your defense under the Common Law. In
Admiralty, there is no court which has jurisdiction unless there
is a valid international contract in dispute. If you know it is
Admiralty Jurisdiction, and they have admitted on the record that
you are in an Admiralty Court, you can demand that the
international maritime contract, to which you are supposedly a
party, and which you supposedly have breached, be placed into
evidence.
No court has Admiralty/Maritime Jurisdiction unless there is
a valid international maritime contract that has been
breached.
So, you say, just innocently like a lamb, "Well, I never knew
that I got involved with an international maritime contract, so I
deny that such a contract exists. If this court is taking
jurisdiction in Admiralty, then place the contract in evidence,
so that I may challenge the validity of the contract. What they
would have to do is place the national debt into evidence. They
would have to admit that the international bankers own the whole
nation, and that we are their slaves.
No Expedient
But, the bankers said it is not expedient at this time to
admit that they own everything and could foreclose on every
nation of the world. The reason they don't want to tell everyone
that they own everything is that there are still too many
privately owned guns. There are uncooperative armies and other
military forces. So, until they can gradually consolidate all
armies into a WORLD ARMY and all courts into a single WORLD
COURT, it is not expedient to admit the jurisdiction the courts
are operating under. When we understand these things, we realize
that there are certain secrets they don't want to admit, and we
can use this to our benefit.
Jurisdiction
The Constitution of the united States mentions three areas
of jurisdiction in which the courts may operate:
Common Law:
Common Law is based on God's Law. Any time someone is
charged under the Common Law, there must be a damaged party.
You are free under the Common Law to do anything you please,
as long as you do not infringe on the life, liberty, or
property of someone else. You have a right to make a fool
of yourself, provided you do not infringe on the life,
liberty, or property of someone else. The Common Law does
not allow for any government action which prevents a man
from making a fool of himself. For instance, when you cross
over State lines in most States, you will see a sign which
says, "BUCKLE YOUR SEAT BELTS -- IT'S THE LAW." This
cannot be Common Law, because who would you injure if you
did not buckle up? Nobody. This would be compelled
performance. But, Common law cannot compel performance.
Any violation of Common Law is a CRIMINAL ACT, and is
punishable.
Equity Law:
Equity Law is law which compels performance. It compels you
to perform the exact letter of any contract that you are
under. So, if you have compelled performance, there must be
a contract somewhere, and you are being compelled to perform
under the obligation of the contract. Now, this can only be
a civil action -- not criminal. In Equity Jurisdiction,
you cannot be tried criminally, but you can be compelled to
perform to the letter of a contract. If you then refuse to
perform as directed by the court, you can be charged with
contempt of court, which is a criminal action. Are your
seat belt laws Equity laws? No, they are not, because you
cannot be penalized or punished for not keeping to the
letter of a contract.
Admiralty/Maritime Law:
This is a civil jurisdiction of Compelled Performance which
also has Criminal Penalties for not adhering to the letter
of the contract, but this only applies to International
Contracts. Now, we can see what jurisdiction the seat belt
laws (and all traffic laws, building codes, ordinances, tax
codes, etc.) are under. Whenever there is a penalty for
failure to perform (such as willful failure to file), that
is Admiralty/Maritime Law and there must be a valid
international contract in force.
However, the courts don't want to admit that they are operating
under Admiralty/Maritime Jurisdiction, so they took the
international law or Law Merchant and adopted it into our codes.
That is what the supreme Court decided in the Erie Railroad case
-- that the decisions will be based on commercial law or
business law and that it will have criminal penalties associated
with it. Since they were instructed not to call it Admiralty
Jurisdiction, they call it Statutory Jurisdiction.
Courts of Contract
You may ask how we got into this situation where we can be
charged with failure to wear seat belts and be fined for it.
Isn't the judge sworn to uphold the Constitution? Yes, he is.
But, you must understand that the Constitution, in Article 1,
Section 10, gives us the unlimited right to contract, as long as
we do not infringe on the life, liberty, or property of someone
else. Contracts are enforceable, and the Constitution gives two
jurisdictions where contracts can be enforced -- Equity and
Admiralty. But, we find them being enforced in Statutory
Jurisdiction. This is the embarrassing part for the courts, but
we can use this to box the judges into a corner in their own
courts. We will cover this more later.
Contracts Must Be Voluntary
Under the Common Law, every contract must be entered into
knowingly, voluntarily, and intentionally by both parties, or it
is void and unenforceable. These are characteristics of a Common
Law contract. There is another characteristic -- it must be
based on substance. For example, contracts used to read, "For
one dollar and other valuable considerations, I will paint your
house, etc." That was a valid contract -- the dollar was a
genuine silver dollar. Now, suppose you wrote a contract that
said, "For one Federal Reserve Note and other considerations, I
will paint your house ...." And suppose, for example, I painted
your house the wrong color. Could you go into a Common Law court
and get justice? No, you could not. You see, a Federal Reserve
Note is a "colorable"1 dollar, as it has no substance, and in a
Common Law jurisdiction, that contract would be unenforceable.
Colorable Money -- Colorable Courts
The word "colorable" means something that appears to be
genuine, but is not. Maybe it looks like a dollar, and maybe it
spends like a dollar, but if it is not redeemable for lawful
money (silver or gold) it is "colorable." If a Federal Reserve
Note is used in a contract, then the contract becomes a
"colorable" contract. And "colorable" contracts must be enforced
under a "colorable" jurisdiction. So, by creating Federal
Reserve Notes, the government had to create a jurisdiction to
cover the kinds of contracts which use them. We now have what is
called Statutory Jurisdiction, which is not a genuine Admiralty
jurisdiction. It is "colorable" Admiralty Jurisdiction the
judges are enforcing because we are using "colorable money."
Colorable Admiralty is now known as Statutory Jurisdiction.
Let's see how we got under this Statutory Jurisdiction.
Uniform Commercial Code
The government set up a "colorable" law system to fit the
"colorable" currency. It used to be called the Law Merchant or
the Law of Redeemable Instruments, because it dealt with paper
which was redeemable in something of substance. But, once
Federal Reserve Notes had become unredeemable, there had to be a
system of law which was completely "colorable" from start to
finish. This system of law was codified as the Uniform
Commercial Code, and has been adopted in every State. This is
"colorable" law, and it is used in all the courts.
I explained one of the keys earlier, which is that the
country is bankrupt and we have no rights. If the master says
"Jump!" then the slave had better jump, because the master has
the right to cut his head off. As slaves, we have no rights.
But, the creditors/masters had to cover that up, so they created
a system of law called the Uniform Commercial Code. This
"colorable" jurisdiction under the Uniform Commercial Code is the
next key to understanding what has happened.
Contract or Agreement
One difference between Common Law and the Uniform Commercial
Code is that in Common Law, contracts must be entered into: (1)
knowingly (2) voluntarily and (3) intentionally.
Under the UCC, this is not so. First of all, contracts are
unnecessary. Under this new law, "agreements" can be binding,
and if you only exercise the benefits of an "agreement," it is
presumed or implied that you intend to meet the obligations
associated with those benefits. If you accept a benefit offered
by government, then you are obligated to follow, to the letter,
each and every statute involved with that benefit. The method
has been to get everybody exercising a benefit, and they don't
even have to tell the people what the benefit is. Some people
think it is the driver's license, the marriage license or the
birth certificate, etc. I believe it is none of these.
Compelled Benefit
I believe the benefit being used is that we have been given
the privilege of discharging debt with limited liability, instead
of paying debt. When we pay a debt, we give substance for
substance. If I buy a quart of milk with a silver dollar, that
dollar bought the milk, and the milk bought the dollar --
substance for substance. But, if I use a Federal Reserve Note to
buy the milk, I have not paid for it. There is no substance in
the Federal Reserve Note. It is worthless paper given in
exchange for something of substantive value. Congress offers us
this benefit:
Debt money, created by the federal United States, can be
spent all over the continental united States; it will be
legal tender for all debts, public and private, and the
limited liability is that you cannot be sued for not paying
your debts.
So, now they have said, "We're going to help you out, and you can
just discharge your debts instead of paying your debts." When we
use this "colorable" money to discharge our debts, we cannot use
a Common Law court. We can only use a "colorable" court. We are
completely under the jurisdiction of the Uniform Commercial Code
-- we are using non-redeemable negotiable instruments and we are
discharging debt rather than paying debt.
Remedy and Recourse
Every system of civilized law must have two characteristics:
Remedy and Recourse. Remedy is a way to get out from under that
law. The Recourse is if you have been damaged under the law, you
can recover your loss. The Common Law, the Law of Merchants, and
even the Uniform Commercial Code all have remedy and recourse,
but for a long time we could not find it. If you go to a law
library and ask to see the Uniform Commercial Code, they will
show you a shelf of books completely filled with the Uniform
Commercial Code. When you pick up one volume and start to read
it, it will seem to have been intentionally written to be
confusing. It took us a long time to discover where the Remedy
and Recourse are found in the UCC. They are found right in the
first volume, at 1-207 and 1-103.
Remedy
The making of a valid Reservation of Rights preserves
whatever rights the person then possesses, and prevents the
loss of such rights by application of concepts of waiver or
estoppel. (UCC 1-207.7)
It is important to remember when we go into a court, that we
are in a commercial, international jurisdiction. If we go into
court and say, "I DEMAND MY CONSTITUTIONAL RIGHTS," the judge
will most likely say, "You mention the Constitution again, and
I'll find you in contempt of court!" Then, we don't understand
how he can do that. Hasn't he sworn to uphold the Constitution?
The rule here is: you cannot be charged under one jurisdiction,
and defend under another. For example, if the French government
came to you and asked where you filed your French income tax in a
certain year, do you go to the French government and say, "I
demand my Constitutional Rights?" No. The proper answer is:
THE LAW DOESN'T APPLY TO ME -- I'M NOT A FRENCHMAN. You must
make your reservation of rights under the jurisdiction in which
you are charged -- not under some other jurisdiction. So, in a
UCC court, you must claim your reservation of rights under the
UCC 1-207.
UCC 1-207 goes on to say:
When a waivable right or claim is involved, the failure to
make a reservation thereof, causes a loss of the right, and
bars its assertion at a later date. (UCC 1-207.9)
You have to make your claim known early. Further, it says:
The Sufficiency of the Reservation -- Any expression
indicating an intention to reserve rights, is sufficient,
such as "without prejudice". (UCC 1-207.4)
Whenever you sign any legal paper that deals with Federal Reserve
Notes -- in any way, shape or manner -- under your signature
write: Without Prejudice UCC 1-207.2 This reserves your rights.
You can show, at 1-207.4, that you have sufficiently reserved
your rights.
It is very important to understand just what this means.
For example, one man who used this in regard to a traffic ticket
was asked by the judge just what he meant by writing "without
prejudice UCC 1-207" on his statement to the court. He had not
tried to understand the concepts involved. He only wanted to use
it to get out of the ticket. He did not know what it meant.
When the judge asked him what he meant by signing in that way, he
told the judge that he was not prejudiced against anyone ....
The judge knew that the man had no idea what it meant, and he
lost the case. You must know what it means.
Without Prejudice UCC 1-207
When you use "Without Prejudice UCC 1-207" in connection
with your signature, you are saying:
I reserve my right not to be compelled to perform under any
contract or commercial agreement that I did not enter
knowingly, voluntarily, and intentionally. And,
furthermore, I do not accept the liability of the compelled
benefit of any unrevealed contract or commercial agreement.
What is the compelled performance of an unrevealed
commercial agreement? When you use Federal Reserve Notes instead
of silver dollars, is it voluntary? No. There is no lawful
money, so you have to use Federal Reserve Notes -- you have to
accept the benefit. The government has given you the benefit to
discharge your debts with limited liability, and you don't have
to pay your debts. How nice they are! But, if you did not
reserve your rights under 1-207.7, you are compelled to accept
the benefit, and therefore obligated to obey every statute,
ordinance and regulation of the government, at all levels of
government -- federal, State and local.
If you understand this, you will be able to explain it to
the judge when he asks. And he will ask, so be prepared to
explain it to the court. You will also need to understand UCC
1-103 -- the argument and recourse.
If you want to understand this fully, go to a law library
and photocopy these two sections from the UCC. It is important
to get the Anderson3 edition. Some of the law libraries will
only have the West Publishing version, and it is very difficult
to understand. In Anderson, it is broken down with decimals into
ten parts and, most importantly, it is written in plain English.
Recourse
The Recourse appears in the Uniform Commercial Code at
1-103.6, which says,
The Code is complementary to the Common Law, which remains
in force, except where displaced by the Code. A statute
should be construed in harmony with the Common Law, unless
there is a clear legislative intent to abrogate the Common
Law.
This is the argument we use in court.
The Code recognizes the Common Law. If it did not recognize
the Common Law, the government would have had to admit that the
United States is bankrupt, and is completely owned by its
creditors. But, it is not expedient to admit this, so the Code
was written so as not to abolish the Common Law entirely.
Therefore, if you have made a sufficient, timely, and explicit
reservation of your rights at 1-207, you may then insist that the
statutes be construed in harmony with the Common Law.
If the charge is a traffic ticket, you may demand that the
court produce the injured person who has filed a verified
complaint. If, for example, you were charged with failure to
buckle your seat belt, you may ask the court who was injured as a
result of your failure to "buckle up."
However, if the judge won't listen to you and just moves
ahead with the case, then you will want to read to him the last
sentence of 1-103.6, which states:
The Code cannot be read to preclude a Common Law action.
Tell the judge:
Your Honor, I can sue you under the Common Law, for
violating my right under the Uniform Commercial Code. I
have a remedy, under the UCC, to reserve my rights under the
Common Law. I have exercised the remedy, and now you must
construe this statute in harmony with the Common Law. To be
in harmony with the Common Law, you must come forth with a
damaged party.
If the judge insists on proceeding with the case, just act
confused and ask this question:
Let me see if I understand, Your Honor: Has this court made
a legal determination that sections 1-207 and 1-103 of the
Uniform Commercial Code, which is the system of law you are
operating under, are not valid law before this court?
Now, the judge is in a jamb! How can the court throw out one
part of the Code and uphold another? If he answers "yes," then
you say:
I put this court on notice that I am appealing your legal
determination.
Of course, the higher court will uphold the Code on appeal. The
judge knows this, so once again you have boxed him into a corner.
Practical Application -- Traffic Court
Just so we can understand how this whole process works, let
us look at a court situation such as a traffic violation. Assume
you ran through a yellow light and a policeman gave you a traffic
ticket:
1. The first thing you want to do is to delay the action at
least three weeks. This you can do by being pleasant and
cooperative with the officer. Explain to him that you are
very busy and ask if he could please set your court
appearance for about three weeks away.
(At this point, we need to remember the government's trick: "I'm
from the government. I'm here to help you." Now, we want to use
this approach with them.)
2. The next step is to go to the clerk of the traffic court and
to say:
"I believe it would be helpful if I talk to you, because I
want to save the government some money (this will get his
attention). I am undoubtedly going to appeal this case. As
you know, in an appeal, I have to have a transcript, but the
traffic court doesn't have a court reporter. It would be a
waste of taxpayer's money to run me through this court and
then to have to give me a trial de novo in a court of
record. I do need a transcript for appealing, and to save
the government some money, maybe you could schedule me to
appear in a court of record."
You can show the date on the ticket and the clerk will usually
agree that there is plenty of time to schedule your trial for a
court of record. Now, your first appearance is in a court of
record and not in a traffic court, where there is no record.
When you get into court, there will be a court reporter
there who records every word the judge speaks, so the judge is
much more careful in a court of record. You will be in a much
better situation there than in a traffic court. If there is no
record, the judge can say whatever he wants -- he can call you
all sorts of names and tell you that you have no rights, and so
on -- and deny it all later.
3. When you get into court, the judge will read the charges:
driving through a yellow light, or whatever, and this is a
violation of ordinance XYZ. He will ask, "Do you understand
the charge against you?"4
4. "Well, Your Honor, there is a question I would like to ask
before I can make a plea of innocent or guilty. I think it
could be answered if I could put the officer on the stand
for a moment and ask him a few short questions."
Judge: "I don't see why not. Let's swear the officer in
and have him take the stand."
5. "Is this the instrument that you gave me?" (handing him the
traffic citation)
Officer: "Yes, this is a copy of it. The judge has the
other portion of it."
"Where did you get my address that you wrote on that
citation."
Officer: "Well, I got it from your driver's license."
(Handing the officer your driver's license) "Is this the
document you copied my name and address from?"
Officer: "Yes, this is where I got it."
"While you've got that in your hand, would you read the
signature that's on that license?" (The officer reads the
signature) "While you're there, would you read into the
record what it says under the signature?"
Officer: "It says, 'Without Prejudice UCC 1-207'."
Judge: "Let me see that license! (He looks at it and turns
to the officer.) "You didn't notice this printing under the
signature on this license, when you copied his name and
address onto the ticket?"
Officer: "Oh, no. I was just getting the address -- I
didn't look down there."
Judge: "You're not very observant as an officer.
Therefore, I am afraid I cannot accept your testimony in
regards to the facts of this case. This case is dismissed."
6. In this case, the Judge found a convenient way out -- he
could say that the officer was not observant enough to be a
reliable witness. He did not want to admit the real nature
of the jurisdiction of his court. Once it was in the record
that you had written "Without Prejudice UCC 1-207" on your
license, the judge knew he would have to admit that:
a. you had reserved your Common Law rights under the UCC;
b. you had one it sufficiently by writing "Without
Prejudice UCC 1-207" on your driver's license;
c. the statute would now have to be read in harmony with
the Common Law, and the Common Law says the statute
exists, but there is no injured party; and
d. since there is no injured party or complaining witness,
the court has no jurisdiction under the Common Law.
7. If the judge tries to move ahead and try the facts of the
case, then you will want to ask him the following question:
Your Honor, let me understand this correctly. Has this
court made a legal determination that it has authority under
the jurisdiction that it is operating under, to ignore two
sections of the Uniform Commercial Code which have been
called to its attention?
If he says "yes," tell him that you put the court on notice that
you will appeal that legal determination, and that if you are
damaged by his actions, you will sue him in a common law action
-- under the jurisdiction of the UCC. This will work just as
well with the Internal Revenue Service. In fact, we can use the
UCC with the IRS before we get to court.
Using the Code with the IRS
If the IRS sends you a Notice of Deficiency, this is called
a "presentment" in the Uniform Commercial Code. A "presentment"
in the UCC is very similar to the Common Law. First, we must
understand just how this works in the Common Law.
Suppose I get a man's name from a phone book -- someone I
have never met. And I send him a bill or invoice on nice
letterhead which says, "For services rendered: $10,000.00." I
send this by Certified Mail to him at the address taken from the
phone book. The man has to sign for it before he can open it, so
I get a receipt that he received it. When he opens it, he finds
an invoice for $10,000 and the following statement: "If you have
any questions concerning this bill or the services rendered, you
have thirty days to make your questions or objections known."
Of course, he has never heard of me, so he just throws the
bill away and assumes that I'm confused or crazy. At the end of
thirty days, I go to court and get a default judgment against
him. He received a bill for $10,000, was given thirty days to
respond. He failed to object to it or ask any questions about
it. Now, he has defaulted on the bill and I can lawfully collect
the $10,000.
That's Common Law. The UCC works on the same principle.
The minute you get a Notice of Deficiency from the IRS, you
return it immediately with a letter that says:
The presentment above is dishonored. [Your name] has
reserved all of his/her rights under the Uniform Commercial
Code at UCC 1-207.
This should be all that is necessary, as there is nothing more
that they can do. In fact, I recently helped someone in Arizona
who received a Notice of Deficiency. The man sent a letter such
as this, dishonoring the "presentment." The IRS wrote back that
they could not make a determination at that office, but were
turning it over to the Collections Department. A letter was
attached from the Collections Department which said they were
sorry for the inconvenience they had caused him and that the
Notice of Deficiency had been withdrawn. So, you can see that,
if it is handled properly, these things are easily resolved.
Impending Bankruptcy
On my way here, I had a chance to visit with the Governor of
Wyoming. He is very concerned that if he runs for office this
November, that there won't be a State of Wyoming at the end of
four years. He believes that the International Bankers might
foreclose on the nation and officially admit that they own the
whole world. They could round up everybody in the State Capitol
building, put them in an internment camp and hold them
indefinitely. They may give them a trial, or they may not. They
will do whatever they want. As I explained earlier, it has not
been expedient to foreclose on the nation until they could get
everything ready. This is where the Federal Emergency Management
Agency comes in. It has been put in place without anyone really
noticing it.
FEMA
F E M A, or the Federal Emergency Management Agency has been
designed for when America is officially declared bankrupt, which
would be a national emergency. In a national emergency, all
Constitutional Rights and all law that previously existed, would
be suspended. FEMA has created large concentration camps where
they would put anyone who might cause trouble for the orderly
plan and process of the new regime to take over the nation.
Even a governor could be thrown into one of these internment
camps, and kept there indefinitely. This is all in place now,
and they are just waiting to declare a national emergency. Then,
even State governments could be dissolved. Anybody who might
oppose the new regime could be imprisoned until a new set of laws
could be written and a new government set up. The Governor knows
all this, and he is very concerned. He doesn't want to be in
office when all this happens.
I visited with him and told him that there are certain
actions we should take right now. I think we should consider the
fact that, according to the Uniform Commercial Code, Wyoming is
an accommodation party5 to the national debt. To understand
this, we must realize that there are two separate entities known
as the United States.
The Rothschild Influence
When America was founded, the Rothschilds were very unhappy
because it was founded on the Common Law. The Common Law is
based on substance, and this substance is mentioned in the
Constitution as gold or silver. America is a Constitutional
Republic -- that is, a union of the States under the
Constitution. When Congress was working for the Republic, the
only thing it could borrow was gold or silver, and the Rothschild
banks did not loan gold or silver. Naturally, they did not like
this new government.
The Rothschilds had a deal with the King of England. He
would borrow paper and agree to repay in gold. But, these united
States, with their Constitution, were an obstacle to them, and it
was much to the Rothschild's advantage to get the colonies back
under the King. So, the Rothschilds financed the War of 1812 to
bring America back under England. Of course, that didn't work,
so they had to find another way.
The Flaw in the Constitution:
Two Nations in One
It was around the time of the American Civil War that they
discovered a flaw in the Constitution. The flaw was Article 1,
Section 8, Clause 17.
Remember that there are two nations called "United States."
What is a nation? See if you would agree to this definition:
Whenever you have a governing body, having a prescribed
territory containing a body of people.
Is that a nation? Yes. We have a governing body in the Republic
-- the three-branch government. They are the legislative, the
executive, and the judicial branches, with a constitution. There
is a prescribed territory containing a body of people. This is a
Constitutional Republic.
But, Article 1, Section 8, Clause 17 gave Congress, which is
the legislative branch of the three-branch government, exclusive
rule over a given territory known as the District of Columbia,
containing a body of people. Here we have a nation within a
nation. This is a Legislative Democracy within a Constitutional
Republic.
When Congress was a part of the Constitutional Republic, it
had the obligation of providing a medium of exchange for us. Its
duty was to coin gold or silver. Anyone who had a piece of gold
or silver could bring it in and have it freely minted into coin.
This was the medium of exchange for the Republic.
But, in the Legislative Democracy (over Washington, D.C.),
Congress is not limited by the Constitution. Congress has
exclusive rule over the District of Columbia. The legislators
can make the law by a majority vote -- that makes it a
democracy; they have the authority to have administrative agents
to enforce their own law; and they have courts in the
legislative branch of government, to try their own law. Here, we
have the legislature making the law, enforcing the law and trying
the law, all within the one branch of government. This is a one-
branch government within a three-branch government.
Under the three-branch government, the Congress passes law
which has to be in harmony with the Constitution, the executive
enforces the law passed by the Congress, and the judiciary tries
the law, pursuant to the Constitution.
THE THREE-BRANCH CONSTITUTIONAL REPUBLIC and the ONE-BRANCH
LEGISLATIVE DEMOCRACY are both called THE UNITED STATES. One is
the federal United States, and the other is the continental
united States.
Are You a United States Citizen?
If you say that you are a United States citizen, which
United States are you referring to? Anyone who lives in the
District of Columbia is a United States citizen. The remaining
population in the fifty States is the national citizenry of the
nation. We are domiciled in various sovereign States, protected
by the constitutions of those States from any direct rule of
Congress over us. In the democracy, anyone who lives in those
states known as Washington, D.C., Guam, Puerto Rico, or any of
the other federally held territories is a citizen of the United
States (D.C.).
We must be careful with our choice of words -- we are not
citizens of the United States. We are not subject to Congress.
Congress has exclusive rule over a given territory, and we are
not part of that territory.
When did Congress get the authority to write the Internal
Revenue Code? It is found in Article 1, Section 8, Clause 17 of
the Constitution. To pass that law, they only needed a majority
vote. There is no other way that they could pass laws directly
affecting individuals. Title 26, the Internal Revenue Code, was
passed as law for another nation (remember our definition of
"nation"), but Title 26 is not consistent with the Bill of
Rights. If you try to fight the IRS, you have no rights -- the
Code does not give you any of your constitutional rights. It
simply says, "You failed to file an income tax form. You failed
to perform in some specific manner."
Remember, under the Common Law, you are free to do whatever
you want as long as you do not infringe upon the life, liberty,
or property of anyone else. If you do not want to perform, you
don't have to. The only way you can be compelled to perform
under the Constitution in the continental United States, is if
you have entered a contract. But, if you are not under a
contract, you cannot be compelled to perform. How can you be
compelled to file an income tax form, or any form?
When Congress works for the Republic, every law it passes
must be in harmony with the Constitution and the Bill of Rights,
but when Congress works for the Legislative Democracy, any law it
passes becomes the law of the land. (Remember, Congress has
exclusive legislative control over federal territory.)
If you are charged with willful failure to file an income
tax 1040 form, that is a law for a different nation. You are a
nonresident alien to that nation. It is a foreign corporation to
you. It is not the Republic of the continental united States
coming after you; it is a foreign nation -- the legislative
democracy of a foreign nation coming after you.
If you get a Notice of Deficiency from the IRS, it is a
presentment from the federal United States, so then you can use
the UCC to dishonor it, and you can also mention that you are
among the national citizenry of the continental united States,
and you are a nonresident alien to the federal United States.
You never lived in a federal territory and never had an income
from the federal United States.
Furthermore, you cannot be required to file or pay taxes
under the compelled benefit of using the Federal Reserve Notes,
because you have reserved your rights under the Common Law
through the Uniform Commercial Code at 1-207.
Original Intent of the Founders
The Founding Fathers would never have created a government
that was going to boss them around! There were 13 sovereign
States. They were nations, and they joined together for
protection from foreign enemies. They provided a means by which
the union of the sovereign States could fend off foreign enemies.
But, they never gave the Congress of the federal United States
direct rule over any Citizen of any State. They were not going
to be ordered around by that government they set up.
Federal Regions
The supreme Court has declared that Congress can rule what
Congress creates. Congress did not create the States, but
Congress did create federal regions. So, Congress can rule the
federal regions, but Congress cannot rule the States. How have
we been tricked into federal regions?
The ZIP Code Trick
Remember how the government always come to us and says, "I'm
from the government and I'm here to help you." The government
went out into the various States and said, "We don't want you to
go to all that trouble of writing three or four letters to
abbreviate the name of the State -- such as 'Ariz.' for
Arizona. Just write 'AZ' instead of 'Ariz.' Or, you can just
write 'WY' for Wyoming, instead of 'Wyo.'" So, all of the States
of the union have got a new two-letter abbreviation. Even a
State such as Rhode Island has a new abbreviation. It is "RI"
instead of "R.I." They have just left off the periods. When you
use a two-letter State abbreviation, you are compelled to use a
ZIP code, because there are so many States, for example, which
start with M. ME is Maine. MI is Michigan. How many people dot
every "i" or make an "i" that looks like an "e"? With MA, MO,
MN, MS, etc., and some sloppy writing, you could not tell one
from another. So, we have to use the ZIP code in order to tell
them apart. But, if you wrote "Mich." or "Minn." or "Miss.",
there would be no real problem telling which State it was.
There is no harm in using the ZIP code, if you lawfully
identify your State. I found out that no State legislature has
met to lawfully change the abbreviation of the State from the old
abbreviation to the new. Therefore, if you do not use the lawful
abbreviation for your State, but use the shorter new
abbreviation, you have to use the ZIP code.
Look on page 11 of the ZIP Code Directory and it will tell
you that the first digit of your ZIP code is the federal region
in which you reside. If you use 'AZ' for Arizona, you cannot use
the State Constitution to protect you, because you did not
identify your State. You used the ZIP code, which identifies
which federal region you live in. And Congress may rule federal
regions directly, but it cannot rule the Citizens of any State.
Accommodation Party
Let's look at how the States have become the accommodation
party to the national debt. There are many people I have talked
to, including the Governor, who are very concerned about this,
and who know that it could happen very soon.
If America is declared a bankrupt nation, it will be a
national emergency. The Federal Emergency Management Agency will
take over, and anyone who opposes the new government of the
creditors can be sent to a detention camp in Alaska. We will
have no rights whatsoever. They have already set up prison camps
with work camps nearby so the people can be used for slave labor.
It could be the governors, legislators, and other leaders who
would be hauled away to Alaska, while the people now
disenfranchised from power would likely be chosen to run the new
government. This could all happen very soon, as the national
debt is so large as to be unpayable. Even the interest on the
debt is virtually unpayable.
As I explained, the national debt -- more than three
trillion dollars -- is not owed by the continental united
States. It is the federal United States that had authority to
borrow bank credit. When Congress worked for the continental
united States, it could only borrow gold or silver, so the
national debt was borrowed in the name of the federal United
States. The federal United States has been bankrupt since 1938,
but the federal United States had to trap the States into
assuming the debt obligation of the federal debt.
In the Uniform Commercial Code, we find the term
"accommodation party."6 How did the States become the
"accommodation party" to the federal debt? The federal
government, through our money system, made the States deal in
Federal Reserve Notes, which means that everything the States do
is "colorable." Under the "colorable" jurisdiction of the
Uniform Commercial Code, all of the States are the accommodation
party to the federal debt.
Now, the concern is to find how we can get out of this
situation. I told the Governor that, in the Common Law and the
Law of Merchants -- that's the International Law Merchant --
there is a term called no-interest contract. A no-interest
contract is void and unenforceable. What is a no-interest
contract?
No-Interest Contract
If I were to insure a house that did not belong to me, that
would be a no-interest contract. I would just want the house to
burn down. I would pay a small premium, perhaps a few hundred
dollars, and insure it for 80,000 dollars against fire. Then, I
would be waiting for it to burn so I could trade my small premium
for $80,000. Under the Common Law and under international law of
the Law Merchant, that is called a no-interest contract, and it
is void and unenforceable in any court.
Unconscionable Contracts
In the Uniform Commercial Code, no-interest contracts are
called unconscionable contracts. The section on unconscionable
contracts covers more than forty pages in the Anderson Code. The
federal United States has involved the States as the
accommodation party to the federal debt, and I believe we could
prove this to be an unconscionable contract. We should get some
litigation into the courts before the government declares a
national emergency, claiming that this State has no lawful
responsibility for the national debt (of the federal United
States), because it became an accommodation party to this debt
through an unconscionable contract. If we have this litigation
before the courts under International Law when the nation is
declared bankrupt, the creditors would have to settle this matter
first, and it would delay them. They would want the new
government to appear to be legitimate, so they could not just
move right in and take over the State, because it would be in an
International Court. This is very important at this time.
Questions and Review
Note: These are some of the questions asked after the main
lecture. Some are re-statements of material presented earlier,
but they contain very valuable information which is worth
repeating.
Courtroom Techniques
Question: How did you "box in" the Judge?
This is easy to do if you don't know too much. I didn't
know too much, but I boxed them in. You must play a little dumb.
If you are arrested and you go into court, just remember
that in a criminal action, you have to understand the law, or it
is a reversible error for the court to try you. If you don't
understand the law, they can't try you.
In any traffic case or tax case, you are called into court
and the judge reads the law and then asks, "Do you understand the
charges?"
Defendant: No, Your Honor. I do not.
Judge: Well, what's so difficult about that charge?
Either you drove the wrong way on a one-way street or
you didn't. You can only go one way on that street,
and if you go the other way, it's a fifty dollar fine.
What's so difficult about this that you don't
understand?
D: Well, Your Honor, it's not the letter of the law, but
rather the nature of the law that I don't understand.
The Sixth Amendment of the Constitution gives me the
right to request the court to explain the nature of any
action against me, and upon my request, the court has
the duty to answer. I have a question about the nature
of this action.
J: Well, what is that -- what do you want to know?
Always ask them some easy questions first, as this establishes
that they are answering. You ask:
D: Well, Your Honor, is this a Civil or a Criminal Action?
J: It is criminal. (If it were a civil action, there
could be no fine, so it has to be criminal.)
D: Thank you, Your Honor, for telling me that. Then the
record will show that this action against [your name]
is a criminal action, is that right?
J: Yes.
D: I would like to ask another question about this
criminal action. There are two criminal jurisdictions
mentioned in the Constitution: one is under the Common
Law, and the other deals with International Maritime
Contracts, under an Admiralty Jurisdiction. Equity is
civil, and you said this is a Criminal action, so it
seems it would have to be under either the Common Law,
or Maritime Law. But what puzzles me, Your Honor, is
that there is no corpus delecti here that gives this
court a jurisdiction over my person and property under
the Common Law. Therefore, it doesn't appear to me
that this court is moving under the Common Law.
J: No, I can assure you this court is not moving under the
Common Law.
D: Well, thank you, Your Honor, but now you make the
charge against me even more difficult to understand.
The only other criminal jurisdiction would apply only
if there were an International Maritime Contract
involved, I was a party to it, it had been breached,
and the court was operating in an Admiralty
Jurisdiction.
I don't believe I have ever been under any
International Maritime contract, so I would deny that
one exists. I would have to demand that such a
contract, if it does exist, be placed into evidence, so
that I may contest it. But surely, this court is not
operating under an Admiralty Jurisdiction.
You just put the words in the judge's mouth.
J: No. I can assure you, we're not operating under an
Admiralty Jurisdiction. We're not out in the ocean
somewhere -- we're right here in the middle of the
State of [any State]. No, this is not an Admiralty
Jurisdiction.
D: Thank you, Your Honor, but now I am more puzzled than
ever. If this charge is not under the Common Law, or
under Admiralty -- and those are the only two
criminal jurisdictions mentioned in the Constitution
-- what kind of jurisdiction could this court be
operating under?
J: It's Statutory Jurisdiction.
D: Oh, thank you, Your Honor. I'm glad you told me that.
But I have never heard of that jurisdiction. So, if I
have to defend under that, I would need to have the
Rules of Criminal Procedure for Statutory Jurisdiction.
Can you tell me where I might find those rules?
There are no rules for Statutory Jurisdiction, so the judge will
get very angry at this point and say:
J: If you want answers to questions like that, you get
yourself a licensed attorney. I'm not allowed to
practice law from the bench.
D: Oh, Your Honor, I don't think anyone would accuse you
of practicing law from the bench if you just answer a
few questions to explain to me the nature of this
action, so that I may defend myself.
J: I told you before, I am not going to answer any more
questions. Do you understand that? If you ask any
more questions in regards to this, I am going to find
you in contempt of court! Now, if you can't afford a
licensed attorney, the court will provide you with one.
But, if you want those questions answered, you must get
yourself a licensed attorney.
D: Thank you, Your Honor, but let me just see if I got
this straight.
Has this court made a legal determination that it has
authority to conduct a criminal action against me, the
accused, under a secret jurisdiction, the rules of
which are known only to this court and licensed
attorneys, thereby denying me the right to defend my
own person?
He has no answer for that. The judge will probably postpone the
case and eventually just let it go. In this way, you can be as
wise as a serpent and as harmless as a dove, but you must not go
into court with a chip on your shoulder and as a wolf in "black
sheep" country. Remember Jesus' words, "I send you out as sheep
in wolf country. Be as wise as a serpent, and as harmless as a
dove." Sheep do not attack wolves directly. Just be an innocent
little lamb who just can't understand the charge, and remember
-- they can't try you criminally if you don't understand the
charge. That would be automatically a reversible error on
appeal.
The Social Security Problem
If I were a young man, 18 or 20 years old and just starting
out in my first job, I would not want Social Security. With my
signature on the application I would write, "Without Prejudice
UCC 1-207," and I would reserve my Common Law rights. But, why
wouldn't I want Social Security today?
I got into the Social Security system in the 1930's, and I
paid into it dollars that had good purchasing power. Now, I'm
getting a promised return in Federal Reserve Notes which have
considerably less value. For example, in 1940, you could buy a
deluxe Chevrolet for 800 dollars. With today's Federal Reserve
Notes, that won't buy the rear fenders and trunk on a new
Chevrolet. If I were a young man, I would not want to put
Federal Reserve Notes into Social Security now, and get back
something later like the German mark after World War I -- when
it took a billion to buy a loaf of bread. They will give you
every Federal Reserve Note back that they promised you, but it
might not buy anything.
Assurance
Under the Uniform Commercial Code, you have the right, in
any agreement, to demand a guarantee of performance. So, don't
go to them and say, "I want to rescind my Social Security
number," or "I refuse to take it." Just take it easy and say, "I
would be happy to get a Social Security number and enter into
this contract, but I have a little problem. How can I have
assurance before I enter into this contract that the purchasing
power of the Federal Reserve Notes I get back at the end of the
contract will be as good as the ones that I pay in at the
beginning? They can't guarantee that, and you have a right under
the UCC to assurance of performance under the contract.
So, tell them, "Well, I cannot enter this contract unless
the government will guarantee to pay me at the end of the
contract with the same value Federal Reserve Notes that I'm
paying in. Both may be called Federal Reserve Notes, but you
know that these Federal Reserve Notes don't hold their value. I
want assurance on this contract that the Federal Reserve Notes
that I get in my retirement will buy as much as the ones that I'm
giving to you now in my working years." They can't make that
guarantee. If they won't give you that guarantee, just say, "I'd
be glad to sign this, but if you can't guarantee performance
under the contract, I'm afraid I cannot enter the contract.
Now, did you refuse or did they refuse? You can get the
sections of the Uniform Commercial Code which grant the right to
have assurance that the contract you have entered will be
fulfilled properly -- that the return will equal the
investment, and you can reject the contract using the Code.
Using their own system of law, you can show that they cannot make
you get into a contract of that nature. Just approach them
innocently like a lamb.
It is very important to be gentle and humble in all dealings
with the government and the courts -- never raise your voice or
show anger. In the courtroom, always be polite and build the
judge up -- call him "Your Honor." Give him all the "honor" he
wants. It does no good to be difficult, but rather be
cooperative and ask questions in a way that leads the judge to
say the things which you need to have in the record.
The Court Reporter
In many courts, there will be a regular court reporter. He
gets his job at the judge's pleasure, so he doesn't want to
displease the judge. The court reporter is sworn to give an
accurate transcript of every word that is spoken in the
courtroom. But, if the judge makes a slip of the tongue, he
turns to his court reporter and says, "I think you had better
leave that out of the transcript; just say I got a little too
far ahead of you, and you couldn't quite get everything in." So,
this will be missing from the transcript.
In one case, we brought a licensed court reporter with us
and the judge got very angry and said, "This court has a licensed
court reporter right here, and the record of this court is this
court reporter's record. No other court reporter's record means
anything to this court."
We responded with, "Of course, Your Honor, we're certainly
glad to use your regular court reporter. But, you know, Your
Honor, sometimes things move so fast that a court reporter gets a
little behind, and doesn't quite keep up with it all. Wouldn't
it be nice if we had another licensed court reporter in the
courtroom, just in case your court reporter got a little behind,
so that we could fill in from this other court reporter's data.
I'm sure, Your Honor, that you want an accurate transcript. (I
like to use the saying: give a bad dog a good name, and he'll
live up to it!) The judge went along with it, and from that
moment on, he was very careful of what he said.
These are little tricks to getting around in court. This is
how to be as wise as a serpent and as harmless as a dove when we
enter into a courtroom. There are others using the same
information presented here who end up in jail, handcuffed and hit
over the head, because they approach the situation with a chip on
their shoulder. They try to tell the judge what the law is and
that he is a no-good scoundrel and so on. Just be wise and
harmless.
UCC 1-207 Review
It is so important to know and understand the meaning of
"Without Prejudice UCC 1-207" in connection with your signature,
that we should go over this once more. It is very likely that a
judge will ask you what it means. So, please learn and
understand this carefully:
The use of "Without Prejudice UCC 1-207" in connection with
my signature indicates that I have reserved my Common Law
right not to be compelled to perform under any contract that
I did not enter into knowingly, voluntarily, and
intentionally.
And, furthermore, I do not accept the liability associated
with the compelled benefit of any unrevealed contract or
commercial agreement.
Once you state that, it is all the judge needs to hear. Under
the Common Law, a contract must be entered into knowingly,
voluntarily and intentionally by both parties, or it can be
declared void and unenforceable. You are claiming the right not
to be compelled to perform under any contract that you did not
enter into knowingly, voluntarily, and intentionally. And you do
not accept the liability associated with the compelled benefit of
any unrevealed contract or agreement.
The compelled benefit is the privilege to use Federal
Reserve Notes to discharge your debts with limited liability,
rather than to pay your debts with silver coins. It is a
compelled benefit, because there are no silver coins in
circulation. You have to eat and you can only buy food with the
medium of exchange provided by the government. You are not
allowed to print your own money, so you are compelled to use
theirs. This is the compelled benefit of an unrevealed
commercial agreement. If you have not made a valid, timely and
explicit reservation of your rights under UCC 1-207, and you
simply exercise this benefit rendered by government, you will be
obligated, under an implied agreement7, to obey every statute,
ordinance and regulation passed by government at all levels --
federal, State and local.
In Conclusion
The editor of this transcript has taken great liberties in
putting it to paper, in an effort to make it readable and
somewhat compact. He wishes to offer his gratitude to Howard
Freeman for the opportunity to work with information so
absolutely vital to our survival as dignified, unenslaved human
beings. He must also ask Mr. Freeman's forgiveness for any
errors committed in getting this in print.
The purpose of this transcript, as stated in the Foreword,
is to make this knowledge and wisdom available to as many people
as will take the time and trouble to read it. It is meant to be
supplemental to Mr. Freeman's recorded lectures, not a
substitute. Indeed, there is no substitute for hearing him
present this material in his own words. It is not just the law
and the facts that are important here, but the way they are used.
His numerous reminders of Jesus' commission to be "... like sheep
among wolves ..." cannot be overstated, and is certainly good
advice to us in all dealings -- not just in court or with the
government. Hearing him explain this in his own words brings to
life the practical application and usefulness of being "wise" and
"harmless." In fact, after being introduced to this approach, it
becomes difficult to imagine that any other way of defending
oneself from the government would be effective.
It goes without saying that none of this information
presented here is in any way, shape or form offered as legal
advice. For that, as you know, you must "get yourself a licensed
attorney."
Having said that, I feel obligated to point out that one of
the most difficult aspects of dealing with a licensed attorney
-- even a good one -- may be knowing just whose side he is on.
(He is, after all, an officer of the court!) So, for those of us
who have concluded that having an attorney means that you will
soon be chained, gagged and led to the gallows, this information
may be indispensable. For the extraordinary challenges of
appearing in court in one's own person -- in propria persona
-- there are few reliable sources of information. Learning to
defend ourselves, that is, being responsible instead of turning
over one more area of our lives to "professionals," may be the
only way to have any chance of digging ourselves out of this pit
of legal tyranny. Perhaps the greatest problem we face in
education today is the matter of widespread legal illiteracy.
Naturally, there will always be a number of people who just
don't care about these issues who either:
(1) have a soft life which is supported and maintained by
this secret system of law and the institutions which
have grown up around it ("I can make a bundle buying
these IRS-seized homes cheap and reselling them."), or
(2) don't believe that anything can be done about it ("You
can't fight city hall."), or
(3) simply don't have the energy or inclination to do
anything about it ("That's nice, but let's see what's
on TV.").
For those good "citizens," this whole effort may seem useless, or
even threatening. But, it is this writer's view that God did not
intend for us to spend our lives in statutory slavery for the
benefit of a handful of secret world manipulators, even if the
"masters" grant us some token pleasures and diversions. Human
dignity requires much more than entertainment. The door is there
and the key exists. We must find it and we must use it to return
to freedom!
Let us discover the mistakes we have made. Let us find
truth. Let us apply it with meekness and wisdom, and let us
gently but firmly reclaim the precious freedom which we have so
foolishly given up.
September 22, 1991
For More Information
I encourage anyone who is interested enough to read this far
to obtain a set of tapes of Howard Freeman and listen to them
carefully. A donation of $4.00 per tape would be appropriate.
This information was taken from tapes numbered 90-30, 90-31,
90-32 and 90-33, which may be ordered from:
America's Promise Ministries
c/o P. O. Box 157
Sandpoint, Idaho
Postal Zone 83864/TDC
(208) 265-5405
The next set of tapes (from 1991) are numbered 1004, 1005
and 1006, and contain vital material not found in this
transcript.
Footnotes:
1. Colorable. That which is in appearance only, and not in
reality, what it purports to be, hence counterfeit, feigned,
having the appearance of truth. Black's Law Dictionary,
Fifth Edition.
2. Actually, it is better to use a rubber stamp, because this
demonstrates that you had previously reserved your rights.
The simple fact that it takes several days or a week to
order and get a stamp, shows that you had reserved your
rights before signing the document.
3. Anderson, Uniform Commercial Code, Lawyers Cooperative
Publishing Company.
4. It is very important to get it into the record that you do
not understand the charges. With that in the record, the
court cannot move forward to judge the facts. This will be
covered later on page 19.
5. For more about this, see page 18.
6. UCC 3-415. "Accommodation Party." One who signs commercial
paper in any capacity for the purpose of lending his name to
another party to the instrument. Such a party is a surety."
(Surety: "One who undertakes to pay money or to do some
other act in the event that his principal fails therein.")
7. See UCC 1-201. General Definitions (3): "Agreement means
the bargain of the parties in fact as found in their
language or by implication from other circumstances
including courses, dealing or usage of trade or course of
performance."
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