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PERRIN LOVETT

~ Deo Vindice

PERRIN LOVETT

Tag Archives: law

An Empire Not A Corporation

29 Thursday Oct 2015

Posted by perrinlovett in Legal/Political Columns

≈ Comments Off on An Empire Not A Corporation

Tags

America, Articles of Confederation, Constitution, corporations, District of Corruption, Empire, faith, freedom, law, Pat Buchanan, politics, republic, The People, United States

Pat Buchanan wrote a great book – A Republic Not An Empire, (2002). I wrote this piece to answer something which troubled me from time to time. There is a theory out there in internet-land the United States is a giant corporation. It’s based on the same whimsical thinking that drives lottery sales and horoscopes.

Contrary to what you may read on Facebook the United States is not a corporation. Your birth certificate is not a stock certificate. You will not get rich by cashing in on the national debt. You might go to prison or worse but no money will come of it.

I’ve seen this enough to respond. It’s really a minor issue but I thought I should address it. I see the posts on Facebook from time to time. Posts like this:

The UNITED STATES of AMERICA is a corporation.

“The UNITED STATES of AMERICA is a corporation.Go to the UNITED STATES CODE (note the capitalization, indicating the corporation, not the Republic) Title 28 3002 (15) (A) (B) (C). It is stated unequivocally that the UNITED STATES is a corporation.”

I did look at the law; not what it says or means. The mis-cited law only has to do with the government hiring attorneys for debt collection and similar purposes. See: 28 USC 3002. Boring, yes; Constitution shattering, no.

The theory also revolves around The District of Columbia Organic Act of 1871, 16 Stat. 419 (1871). Yet, all this law did was regulate the governance of the District of Columbia. Such is one of the very few explicit powers granted Congress by the Constitution, Art. I, Sect. 8, CLS. 17.

Never have I met anyone in person who openly espoused this theory. And, I visit with quite a few conspiracy theorists. Should you meet such a person, humor them – unless they try to involve you in a scheme to collect on your shares or something. That road leads to prison or the poorhouse.

TinFoilHatArea

It’s a scam. Google.

Here’s a more in-depth look at the claim: Text of the District of Columbia Organic Act of 1871, The Daily Render, 2009. That’s really not worth reading and not worth quoting. It does shed light on the theory though. Why conceive of such fancy?

It seems simple. We do face some major problems today with “our” government. The theorists posit the U.S., in a state of disarray, bankrupted itself out of existence. In the place of the old republic those 19th Century geniuses left us with a national corporation. You, by birth, are a stock holder citizen and entitled to some vast sum of money based on the current national debt.

While the root rests on some disturbing truth, the rest is rubbish.

Some people really believe all of this. Part of the faith comes from a real realization that something is fundamentally wrong with America today. Part is based on tv-induced naivety and ignorance. Part on greed

This does not make sense economically. In order to cash in your “stock” – if everyone did, the only solution would be to print so much more funny money the currency would be worthless. So much for your shares. This fanciful belief makes the real problem even worse.

Let me briefly explain what the U.S. really is. The nation, following the too good success of the loose Confederation, was formed into a Constitutional Republic. Allegedly the rights of the free people were protected and the powers of the new government limited. Somewhere we fell off the wagon and those ideas were reversed. Both the authorities and the people were corrupted.

Today, the Constitution is an ignored artifact stuck away in a museum. Buchanan’s book aside the U.S. has degenerated into Empire, now approaching the late stages thereof. It’s an Empire without an emperor. Specifically, the political power is uneasilly split between ochlocracy (mob rule) and oligarchy (rule by the elite). The elite keeps the mob happy with handouts and spectacles and the mob keeps re-electing the elite. Cozy if crazy.

I’ve said before this country has owners – banks, insurance companies, and other well-connected entities. But their ownership is less like a corporation and more like a plantation. The mob plays the part of the slaves, stupidly trading their sacred freedom for false security and debased entertainment.

What to do? The corporate angle is too good to be true. Don’t believe it. Instead, believe in yourself and put your faith in a Higher Power. Whatever its form, if enough of us ignore the government long enough, it will go away.

Fiddling While D.C. Burns

28 Wednesday Oct 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 2 Comments

Tags

America, anarchy, banksters, Congress, debt, decline, economy, Federal Reserve, government, IRS, law, money, President, taxes, The People, voters, Washington, Zombies

Before he goes John “Boo-Hoo” Boehner has one last trick up his sleeve. It’s just in time for Halloween too. Speaker Dearest has been working hard with his best friend, President Obama (TWO parties, remember), to raise the debt ceiling.

burning

If only. Google.

The potential treat for this season is that the government is all but broke. Without more debt it will have to shut down at least temporarily. That would be a blessing for the masses but it will not happen. The monied interests need the government operational so they can continue to loot the carcus of our economy.

Congress has money, yes. This year has seen record tax collections from both individuals and corporations – over $3 Trillion. Such a number would seem enough to finance anything. Anything except our corrupt beyond hope political and financial elites, that is. Printing more paper money is their only hope. As they have slammed into the statutory cap on borrowing once again, they must vote to raise the cap. They will.

As usual a few dissenters give the pretense of debate over the matter. It’s an act well scripted. They say they will hold up next year’s budget over the debt. They won’t. This year they have side lies to entertain the people. Funding of Planned Parenthood is another holdup. Rest assured the rats of the Potomac care no more about children than they do fiscal responsibility. All just an act in the weary play of American Decline.

Little of this makes the news. Paul Craig Roberts just, again, explained why – the U.S. media is but a puppet of the state and its owners. They report the truth in nothing. Not our wars. Not our money. The World Series, yes. Anything of substance, no.

Your favorite candidate, whomever that might be, is silent too. They’re too busy talking about themselves and each other at present. Should the debt or budget come up they will only have platitudes. Their stated plans are a continuation of the status quo. Bernie Sanders Claus is the exception. He wants to give everything away for free. That means even more debt and spending. It makes no sense. Then again, the voters are not known for reasoning ability. A guy promising goodies from the sky just might be their man. No difference.

Whoever of this latest pathetic crop gets the job will do exactly as he’s told. The Banksters and the Treasury beaurocrats must have more money to keep the smoke and mirrors economy running just a little while longer.

Faced both with imminent collapse and the prospect of angry, hungry, zombie-like idiot voters at their doors they are out of magic tricks. Spending cannot slow for even a day. The Federal Reserve cannot raise interest rates. The slightest breeze could now topple their house of cards. And, don’t laugh. You and I live in that house.

Only more debt, ridiculous spending and more of the same will prop up the system – for a while. Eventually the bell shall toll.

Were an omnipotent and benevolent being with governing super powers to directly intervene, the solution would be so simple:

Rather than making a show, boasting to impeach its chief criminal, the IRS could just be abolished. Relieved of taxation the people could keep their money. By abolishing the Fed and its monopoly on funny money, the cash the people keep would have actual value.

Starved of funding the government would really close down – for good. This would free the newly enriched free people from war, regulation, taxation, jail threats, airport strip searches, bad medicine, toilet tank size restrictions, marriage mandates, travel and trade restrictions, gun laws, labor laws, electoral cycle bullshit and a host of other horrors.

Those other people, the ravaging zombies, could be placated by feeding them the newly unemployed and utterly worthless mass of politicians, beaurocrats and central bankers. A collective burp later and all memory of the past corruption would erased.

Sunrise scene

Dawn shall come. Google.

Ah, for a quick and happy ending. No super being will show up. Things will go on. The end and the solution will not come quickly. But, come it will. Some day all the things I just hypothesised will come to pass in one way or another. Rome will burn and fall. Freedom and intelligence will return. Then, it will be happy.

Free Speech Free Zones

24 Saturday Oct 2015

Posted by perrinlovett in Legal/Political Columns

≈ Comments Off on Free Speech Free Zones

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America, Antonin Scalia, Colorado, Constitution, elections, Facebook, First Amendment, Fred Reed, free-speech, freedom, government, law, McConnell v. Federal Election Commission, money, Natural Law, politics, rights, The Bipartisan Campaign Reform Act of 2002, The People

A long time ago the government pretended its constraint under the Constitution. It was to be neutral regarding religion. It supposedly did not treat the people like criminals unless they actually were. It begrudgingly consented to the armament of the citizenry. It allegedly allowed people to voice their opinions, even if the expressed notions were unpopular. Those days are behind us.

Today there remains but a paper pretense of freedom in America.

A Colorado judge just ruled that a political Facebook post was impermissible “free” speech.

A state judge has ruled that a Facebook post by Liberty Common School amounts to an illegal campaign contribution to a Thompson School District board candidate.

In August, the Fort Collins charter school shared with its Facebook followers a newspaper article about a parent of a student running for a board seat in the neighboring school district. Liberty Common’s principal, former Colorado Congressman Bob Schaffer, then shared the post and called candidate Tomi Grundvig an “excellent education leader” who would provide “sensible stewardship” of Thompson.

Nick Coltrain, The Coloradoan, Oct. 22, 2015.

The judge said the violation was “minor,” but that [T]he school’s action was the giving of a thing of value to the candidate, namely favorable publicity…”

A Colorado law professor, one Scott Moss, was rightly alarmed by the ruling: “I don’t buy that under the First Amendment speech about a candidate can be deemed a contribution … Is speech valuable? Yes. But that’s not a basis for restricting core political speech.”

Naturally speaking, the good professor is correct. Legally and politically, he would have been correct in the former United States. Not today. Not in modern Colorado. Not in modern, post-Constitutional America.

I warned of this in postings prior. The particular judge in this case was likely just doing his job.  Rather than being a “judicial activist,” he was simply carrying out a bad law. Bad governments enact bad laws, historically. As governments all become debased, the outcome is always the same – the people are stifled. In a representative government this usually occurs at the people’s bidding. Odd, yes. Whatever Colorado election law rests at the heart of this ruling likely mirrors current federal law in spirit and/or form.

The Bipartisan Campaign Reform Act of 2002 (“The McCain–Feingold Act”), Pub.L. 107–155, 116 Stat. 81, 2 U.S.C. 431 et seq. and blah, blah, blah (effective January 1, 2003) set new limits on political speech.  This First Amendment nullifier was the brainchild of Republican Senator John McCain and signed into “law” by Republican idiot George W. Bush (who, at the time, admitted he did not understand what he was signing).

The Supreme Court later upheld the speech crushing effects of the Act in McConnell v. Federal Election Commission, 540 U.S. 93 (2003).  The gist of the opinion was that as the issues were political in nature and the two political branches had approved, the Court would simply defer to the esteemed wisdom of Congress and the White House.  They seem to forget all about the rights of the People and that thing … the um … the Constitution maybe? Whatever…

In his raging dissent Justice Scalia noted that modern elections were already so complex that only the well-connected and well-funded were safe to engage in them with any hope of success. He blasted the Act as limiting the speech of the people – their only remaining tangible connection to the process. So long as they comply with the Byzantine laws, the moneyed interests are free to support any candidate they choose. The little people, usually poor financially and in legal knowledge are now constrained to even voice political support.  Scalia noted that of all free speech political speech is the most important in a free society.

Of course, this might matter if we still were a free society.  We are not. Fred Reed succinctly nailed down the problem as to the political:

Democratic? As Stalin had show trials, America has show elections. These serve to distract the public while keeping them away from issues of importance. Who do you vote for if you want to end the wars, halve the military budget, end affirmative action, get the government out of family life, control criminal minorities who burn cities, and slap down NSA?

Fred Reed. Emphasis mine.

I love Reed’s work.  This particular gem of an article concerns more than just electoral politics – it explains the pitiful state of thinking (or lack thereof) across the whole American landscape.

2820722052_34312f65a5

About the half of it.  Google.

Election season is once again upon us.  It’s always election season it seems. Daily, I see many of you voicing support for this or that candidate on Facebook and elsewhere. Be careful what you say lest you commit the “minor” violation of free speech.  Me, I need not worry.  I never support any candidate. I support freedom.

 

 

 

A Dichotomy Of Arms

18 Sunday Oct 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 1 Comment

Tags

Amercia, anarchy, arms, army, Athens, authority, firearms, freedom, God, government, guns, history, Iraq, law, Melian Dialouge, Melos, military, murder, Natural Law, Paul, police, police state, power, Romans 13, Second Amendment, self-defense, self-preservation, state worship, The People, War

A man in Wyoming was out riding his bicycle. According to him he was attacked by a vicious German Shepherd (Belgian Malinois). Fearing for his life he shot the dog to death with his trusty revolver. It’s a story you may have missed. It only made the news because the dog in question was a former military service dog, a Bronze Star recipient, no less. I find the story interesting because it sheds light on a schism amongst the American people.

Mike was a nine year old dog who previously served two combat tours in Iraq. Upon his retirement Mike was adopted by Matthew Bessler, a retired Army Ranger. Both veterans suffered from PTSD; they provided each other with beneficial companionship.

Bessler went hunting. He left Mike in the care of a friend. Mike wandered off and encountered the cyclist – with deadly results. There, the news story ends.

The cyclist was not charged, his use of deadly force deemed by police to be justifiable self-defense. A GoFundMe page has been set up in order to provide Mike with a military burial.

A sub-controversey surrounds the fact the lethal shot hit Mike in the rear or back. I discount this factor. Attacking dogs move very fast. Shooting scenarios move fast too. A shot in the back does not, by itself, disqualify self-defense, especially concerning an animal. The old, false adage that retreat is better if possible is dangerous when one crosses a predatory animal. Withdrawal might trigger a chase or hunt instinct which could be worse than the initial confrontation. Like everyone else, I was not present and I can only go by the shooter’s account, tempered by reasoned thinking.

On the surface I find this story sad all the way around. I regret Mike’s death. I regret the cyclist felt his life was endangered to the point of resorting to shooting. I’m sorry Mike and Bessler suffered PTSD. I’m sorry their conditions were the results of the government’s inexplicable and indefensible war in Iraq. It’s terrible some think we need that government.

2D7F373900000578-3277028-image-m-6_1445086822138

Mike, another victim of the State. Daily Mail, UK.

Based on the bare facts reported by the (British) press, I support the cyclist’s account of the incident and his use of force. I can see a dog with PTSD (even if usually docile) becoming aggressive around a stranger. It happens.

I also hold Mike blameless. Even a vicious, dangerous animal is still just that, an animal. Mike was utterly blameless, too, regarding his military service and resulting illness. A human soldier with a conscious can object to illegal wars of aggression. A dog can’t.

Any blame here rests with the friend who was supposed to watch Mike. Large dogs should be leashed or fenced. Maybe there is no one to blame. Mike could have escaped a reasonable containment. Dogs do things like that. Maybe this was just a bad thing that happened – like a tornado or a freak accident.

At any rate, all of this is merely supporting background for my story. I noticed themes in the comments which accompanied the news which, upon further consideration, formed my titular dichotomy.

There were hundreds of comments which roughly divided into two camps. The first was supportive of the cyclist. They found the shooting justified. Most of these also held a pro Second Amendment bias. The other group was mortally offended at the death of a military hero, albeit a dog.

The former group fully supported the individual right of self preservation even if they found Mike’s death lamentable as I do. The latter hold the shooting of a military veteran indefensible under any circumstance.

There were a few other reactions. Some found the existence of the subject firearm the problem. I suppose some might hate bicycles or hate dogs. These opinions are outliers and safely factor out of my analysis.

Some pro-shooter comments:

Should have been on a leash.

…

Too bad for the dog but most communities have leash laws for a reason…and yes, many joggers and bicyclists are bitten by uncontrolled dogs, that’s why pepper spray is a good idea.

…

“Park County Sheriff Scott Steward said: ‘Essentially, if you feel your life is in danger or threatened by an animal, you can act against it.’ Exactly

Pro military, no matter what:

Sounds like another Democrat got there hand’s on a gun !!

…

this cyclist had no business killing this dog. Charges should be brought against him immediately.

…

I would not blame or feel bad at all and I would even back the dog owner if he wanted to take fatal retaliation against the cyclist. It is just. What the hell is wrong with people that want to kill a dog like that…This soldier has one more mission to accomplish! …huh rah!

…

I hope the shooter gets hit by a car and suffers a long painful death

These views show a division between otherwise aligned interests. Most of the folks are likely “conservative” by political philosophy, perhaps a few libertarian. “Liberals” would abhor the gun itself.

I see this as a difference of opinion between “red staters.” I suspect the majority of both sides generally support the carrying of individual arms. Both likely support justifiable self-defense. Here’s the division: the first group seems to support self-defense regardless of the aggressors status. They find a man free to act when illegally threatened. Period. I’ll call these the people “freedom lovers.” The others support self-defense unless the aggressor is a member of the hallowed legions of the state. I’ll call them “government lovers.”

The government lovers are more extreme. Not only do they want the cyclist prosecuted, they want him dead – by a “long painful death” – for a situation they did not witness. But, to them, the facts do not matter. They are more worshipers than mere lovers of the state. The government and its uniformed agents (even dog agents) must not be challenged – ever.

The worship of the state may be increasingly seen in American churches, particularly Evangelical protestant churches. Government has seemingly replaced God for many. Much of this stems from an overzealous but false interpretation of Romans 13. Paul was only speaking to legitimate state authority – authority not acting against God’s Natural Law.

The Nazis, acting under Hitler’s “legal” orders, carried out the murder of dissidents and other war crimes. Were these too God-sanctioned acts of official authority? I think not.

The statists see it otherwise – at least concerning the American government.

If American soldiers kill innocents overseas, regardless of conditions, it’s acceptable collateral damage. If the police shoot a dog it’s okay, even if the police are breaking their own laws during the shooting. The same standard applies to police shootings of innocent civilians. No matter the cause, no matter the circumstance, the government is never at fault.

In the odd event the government is at odds with one of its servants the lovers will throw the individual under the bus without thought or hesitation. The false god of the almighty state suffers NO challenge.

This highlights both a disdain for individuality and a lack of logic among the parishioners of official authority.

For those of us who value freedom over safety this dichotomy and this particular example illustrates both a dire problem and a hazardous solution for liberty. It reminds me, for some reason, of the Melian Dialogue (with a twist).

A bit of archaic history: In 416 B.C. Athens was perhaps the most powerful military force in the known ancient world. The Athenians sought to subjugate the small, peaceful island state of Melos. The Athenian navy arrived at Melos. The dialogue went something like this:

Athens: “Surrender and join us.”

Melos: “No.”

The Athenians then proceeded to exterminate the Melians and seize their island.

download

Ruins of Melos. Google.

Many in the freedom camp rightfully seek to resist the evil of the modern state. However, as to outright martial confrontation, they see no hope. Maybe they are right. The American military and police state is almost powerful beyond measure. Outright rebellion would be almost impossible.

It may though be possible to indirectly oppose state oppression. An individual might be able to resist a single agent of the state and legally get away with it. Such resistance is still fraught with gravest danger. After such an incident the individual will be faced with resentment and hatred of the government’s unthinking masses. Hatred to the point of murder in revenge.

A safer if slower strategy might be to seek out those of the opposing camp and convert them to the truth of freedom. If they can think and reason this may be possible. They can be armed without an army. They can be safe and secure absent official structure. They can act as individuals. They can regard God as God and alone the Supreme source of authority.

All of this is open for consideration. What say you?

 

Murder Inequality

04 Sunday Oct 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ Comments Off on Murder Inequality

Tags

Afghanistan, America, bombing, CNN, crime, firearms, freedom, government, government evil, guns, Hitler, law, media, murder, Obama, Oregon, politicians, Second Amendment, Stalin, terrorism, The People, tyranny, War, war crimes

Are all murders equal?  The short answer is, “yes.”  All human killing in general is bad enough.  Premeditated and unjustifiable killing is utterly deplorable whenever and wherever it happens.  Most people understand the concept.  Most, that is, except for the rodent political class.

The shooter in the Oregon community college rampage last week, Christopher Harper Mercer (an anti-Christian lunatic and loser), had barely been identified before President Obama embarked on a twelve-minute oration as much against American guns laws as against the tragedy itself:

“I would ask the American people to think about how they can get our government to change these laws and to save lives, and to let young people grow up. That will require a change of politics on this issue,” he said. “If you think this is a problem then you should expect your elected officials to reflect your views.”

Shut up, Barry.  Pay attention to the beam in your eye first.  How about first condemning your hospital bombing in Kundez, Afghanistan this weekend.  You know, the bombing so many are saying amounts to a war crime.

Nineteen are dead and 37 or more injured in the bombing (don’t forget the Afghan war ended last year…) and all the Whitehouse can do is issue a short statement:  “‘The Department of Defense has launched a full investigation, and we will await the results of that inquiry before making a definitive judgment as to the circumstances of this tragedy,’ the President said.”

When it is politically expedient to exploit a domestic terror the political class immediately demands action.  However, when they are responsible for the deaths, they want to wait before making any judgments.  When some idiot murders another, they want to take away all of our guns.  When they are the idiots who murder others, it’s just collateral damage.  “Oops!  Sorry we burned your kids alive.  Won’t happen again.”

Again, most people see this glaring difference and inequity.  Again, the pols just can’t.  Their cover-up artists in the popular press can’t either.  The best CNN can do combining the issues of gun violence and war/terrorism is to release a graph showing a disparity between the number of Americans killed between 2001 and 2013 by guns (406,496) and by terrorism (3,380).  Their slant is obviously towards the Obama-ite view of changing gun laws and further restricting the freedoms of normal Americans.

Four hundred thousand deaths (taking their numbers for granted) in twelve years is terrible – that’s roughly 33,333 deaths per year.  But, statistically speaking and with an eye towards liberty, what about the net effect?  The government criminals and their media lackeys never talk about lives saved by guns.  In America every year that number approaches somewhere close to 2.5 Million.  That’s 30 Million lives saved by guns over twelve years!  That’s 75 times as many lives saved as lost due to firearms.

Little of this matters to those degenerates who bomb hospitals full of helpless people.  The rest of us are painfully aware that (although imperfect) an armed society is much safer than the alternative (see also the experiences of disarmed citizens faced with the likes of Hitler and Stalin).  Least safe of all is an armed government.  Yes, Barry, we need policy changes.  We need common sense government control.  Many lives depend on it.

Students, Guns, and Money

01 Thursday Oct 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 1 Comment

Tags

CIA, debt, government, guns, insanity, jihad, John Boehner, law, middle east, money, Muslims, Old Republic, shooting, The People, Warren Zevon

My apologizes to the late, great Warren Zevon.

Another shooting in another gun-free zone.  Hmm. Always the narrative.  One would seem to preclude the other.  You don’t hear about too many shootings at police stations, gun ranges, NRA conventions – places where everyone is armed. Anyway, 13 or more innocent people are dead in Oregon.  Very sad.

It’s also rather suspicious that officials know the shooter’s age and sex but not his name.  We knew Vester Flanagan’s name and even his alias immediately. CNN had pictures of KKK-wannabe Dylan Roof instantly.  Nothing this time.

Also interesting is the shooter’s request that his victims rise and state their religions before he executed them.  All this leads me to believe the shooter was either anti-Christian or Muslim.  Maybe both.  Maybe he was just a nut.  Maybe he was a recently imported, CIA trained “refugee” from the middle east seeking a better, safer life in America.  That was sort of the story in Chattanooga and some other recent shootings.  The government is working overtime to import jihadis into the rubble of the Old Republic.

The same government is about to run out of money.  All year they have employed various tricks to make invisible the mounting debt crisis.  As I said earlier, they’re printing and spending just not reporting.  Now the chickens are coming home and the roost is ready to collapse.

Not to worry.  Ahead of his departure Speaker John “Boo Hoo” Boehner is orchestrating a plan to raise the government’s borrowing limit.  They will succeed.  A default and resulting shutdown would be the best thing that could possibly happen to this country.  After several weeks or months the people would forget about the government and never want it back.  The best thing for us is the worse for the political class.  They can’t have that.  The horror show will go on.

They keep spending, we keep dying.  Convenient, huh?

Xge9iuz

Government defined in four words.  Google Images.

Trump on Taxes

01 Thursday Oct 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ Comments Off on Trump on Taxes

Tags

America, Artcles of Confederation, Congress, Donald Trump, Federal government, Federal Reserve, freedom, government, IRS, law, Republicans, Sixteenth Amendment, taxes, The People, The Republic, theft

Donald Trump just started talking like an old school Republican.  He’s added a third plank to his Presidential platform – along with immigration reform and the Second Amendment – tax cuts.  The Wall Street Journal says Trump’s plan would cut taxes for millions of Americans.  I put the emphasis in the last sentence on “would” because The Donald’s plan, as great as it may sound, won’t happen even if he’s elected.

There are too many who will not stand for substantive changes to our draconian tax code, members of the huge tax benefit lobby at the bottom of which is the Federal Reserve, gaping and grasping like that sandpit monster from Return of the Jedi.  One must also consider the malicious might of those 535 clowns under the big top … er ….dome in D.C.

This plan, which looks far better than the insane mess we have now, is fated to fail like the Fairtax and various flat tax proposals before it.

Here’s a link to the Trump plan.

Trump has four “simple” tax goals:

Tax relief for middle class Americans: In order to achieve the American dream, let people keep more money in their pockets and increase after-tax wages.

Simplify the tax code to reduce the headaches Americans face in preparing their taxes and let everyone keep more of their money.

Grow the American economy by discouraging corporate inversions, adding a huge number of new jobs, and making America globally competitive again.

Doesn’t add to our debt and deficit, which are already too large.

Trump Plan.

All tax brackets would drop with the maximum being capped at 25%.  Those earning less than $25,000 per year would pay no tax.  Trump would eliminate the marriage penalty, the Alternative Minimum Tax and the Federal Death Tax. These are great points.  However, consider that the original maximum tax bracket was supposed to be 10% and that was supposedly reserved for the super rich. Government is like a hungry wolf; just because it doesn’t eat you today doesn’t mean it won’t try tomorrow.

1306883252730

Always at the door.  Google Images.

I assume the other candidates have or will soon publish similar plans. Republicans will promise cuts, Libertarians deeper cuts, and Democrats increases here and there to make things fair.  What we will have in the end is the status quo.  It’s no coincidence the Sixteenth Amendment and the modern tax system came along on 1913 along with the Federal Reserve.  One is dependent on the other, both are weapons of the government against the free people.

The scheme we currently suffer is bad.  Trump’s plan is better.  It would also be better to return to the tax system originally built into the Republic – tariffs, etc. or into the Confederation – Congress begging the States for dough as needed. Best of all would be a 0% tax for everyone with no government to support.  For satirical consideration only is the solution I noted several years ago from a Doctor Who episode – tossing the tax collector off a high roof.  That would tend to work under any tax system.

Money Vultures Panic in Georgia

01 Thursday Oct 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ 2 Comments

Tags

banks, banksters, Constitution, Courts, debt, due process, Fair Debt Collection Practices Act, federal court, Federal Reserve, fiat money, Fourth Amendment, garnishment, General Assembly, Georgia, Jesus, law, Marvin Shoob, money, money-lenders, panic, The People, the poor

Happy October the first!  I cover a lot of legal issues here.  Many of them are bad – like the New Jersey Supreme Court’s recent ruling that the police no longer need a warrant to search your vehicle.  Fourth Amendment be damned.

However, I am so happy to report good news!  For the economically disadvantaged among us (many and growing) and those in danger of joining them (most of the rest) the news doesn’t get much better than this:

Last month a Federal Judge struck down Georgia’s debt collection garnishment law as Unconstitutional!  See also: here and here.

The Judge was Marvin Shoob, whom I know from experience to be a class act and one of the fairest jurists around.

Tuesday’s ruling by U.S. District Senior Judge Marvin Shoob said the statute violated constitutional guarantees of due process by not giving debtors enough notice about the sorts of funds that are exempt from garnishment and how to claim those exemptions. He said the statute also didn’t provide a procedure to adjudicate exemption claims quickly enough.

Although the ruling rests on protecting the rights of individual consumers whose funds may be protected from creditors, it could affect all sorts of garnishments, including those that arise from business disputes and child support orders. Lawyers are debating whether simple changes in forms and procedures can allow garnishments to proceed prior to any legislative fix or further court ruling.

“People are panicking,” said Harriet Isenberg, who co-chairs the creditors’ rights section of the State Bar of Georgia.

Alyson Palmer, Collections-Lawyers-Scramble-After-Garnishment-Law-Is-Struck, Fulton County Daily Report, September 10, 2015.  

Good.  Let them panic.  They deserve it for a change as do their money-changing masters.

The subject case stemmed from a judgment collection action by a major credit card company against a poor man in Gwinnett County.  I know these cases well. When I was a law clerk I reviewed hundreds of them – each the same.  The banks file suit with no evidence whatsoever that any debt is owed and in 90% of their cases they win a default judgment.

It’s a terrible shame.  They don’t have any proof.  One or two Request for Admission questions and these cases would be dismissed.  The poor don’t know. The banks (and the State) don’t care.

Once the bank has a default judgment they file a wage or bank garnishment in an attempt to recover some of their (proof-less) monies.  As Judge Shoob points out the garnishment procedure is as crooked as the rest of the process.

As an aside, even if these banks could prove they had loaned money in the first place, I still wouldn’t feel bad for them losing it.  It never really existed, being a product of the Federal Reserve’s illegal funny money ponzi scheme.  More on that another time.

For now the banksters and their vulture collection agents will have to comply with the law.  Otherwise, “using a statute that has been declared unconstitutional to seek collection of consumer debt arguably would violate the federal Fair Debt Collection Practices Act.”  Daily Report, supra. That means the bank would end up owing and facing stiff penalties.  Ha!

Banks and other large companies run the State of Georgia.  They will have this ruling nullified somewhere and soon.  There’s even talk of a special session of the ordinarily do-nothing General Assembly in order to bring the law into compliance with the Constitution.  Imagine that.

For now the banksters are feeling the panic their ancient predecessors felt when a certain Street Preacher ran them out of the Temple.  The rest of us are feeling a little relief.  Thank you Judge Shoob.

Guilty: Students, Professors, and the Public Get Schooled by Big Brother

16 Wednesday Sep 2015

Posted by perrinlovett in Legal/Political Columns

≈ 1 Comment

Tags

America, Amerika, anarchy, bombs, Courts, crime, double jeopardy, drugs, due process, evidence, evil, freedom, government, injustice, Islam, justice, Justice Department, law, police, police state, prisons, probable cause, rights, schools, Sir. William Blackstone, State, statism, students, teachers, Temple University, terrorists, The People

Several years ago, when I was actively practicing law, I held a discussion with a class of highly motivated and intelligent high school students (mostly upperclassmen).  My subject matter was the economic and cultural chaos wrought by the modern police state.  To my joy the students, nearly every one of them, were not only aware of the issues I covered but were deeply concerned about the world they would soon enter as adults.  Many embraced good old-fashioned anarchy as a positive response to the daily deluge of state-imposed evil.

Another thing which struck me, and which I mentioned to the young people, was how much their public, government high school resembled a prison – both in physical appearance and in operation.  Of this too they were all to aware.

It was a nice, new, modern facility in one of the trendiest parts of town.  It was where the money went when they didn’t want the private school bills.  The halls were clean, the grounds attractive, the people were pleasant.  However, I noticed things which seemed better suited for a correctional facility than a place of education.

Back then I regularly traveled around to various prisons and jails.  Most have a familiar layout and feel.  So too did this shiny new hall of academia.  The building was made of interlaced concrete blocks, bare of ornamentation – like a prison. The rectangular halls, with classrooms on either side, were laid out in wings or pods, fanning from a central hub – like a prison.  The central hub housed the administrative office in what looked like a tall glass control tower – like a prison. Near the doors were metal detectors (not in use that day) – like a prison.  The building was patrolled by armed officers – like a prison.

I had met some of these officers, all certified in law enforcement, before in professional settings.  I tried several cases stemming from “criminal” school misconduct.  The cases usually involved drugs, alcohol, cigarettes or other earth-destroying calamities.  Every single one of them was also devoid or things like probable cause, evidence, due process, and common sense.  I beat every single case.  And, it took quite the beating to win them.

Another ancient legal protection absent from modern Amerika, especially concerning students, is the prohibition against double jeopardy.  The theory, best summarized by Sir William Blackstone in the late eighteenth century was the “universal maxim of the common law of England, that no man is to be brought into jeopardy of his life more than once for the same offence.” (Emphasis mine.)  This theory is but legend now.  Our children often face triple jeopardy over things that are not crimes in the first place.  Here’s a real world example (possibly a combination of different cases, all real):

Johnny saw the school psychologist who suggested Johnny be prescribed mind-altering psychotropic drugs for his nonexistent attention deficit (in reality Johnny was just a boy).  Johnny’s doctor prescribed the narcotics, which otherwise would be considered illegal under state and federal law.  Johnny became semi-addicted.  The drugs caused his brain to slow down.  While giving him the appearance of being calm and receptive the dope also seriously impaired his health, to include his judgment. Johnny became a zombie.

Now, under the influence of these otherwise illegal drugs, practically mandated by his school, Johnny ran afoul of the school’s idiotic policy on otherwise illegal drugs.  School regulations dictate that any and all medications prescribed to a student must be held for the student’s use in the keeping of the school nurse. Johnny so kept his medicine in the school’s care and keeping.  Remember, the drugs in question diminished Johnny’s ability to rationalize and act appropriately.

One day, under the influence of these dangerous narcotics, Johnny forgot to drop off a few of his pills with the nurse.  He kept them in his book bag.  Mind you that Johnny never had any troubles whatsoever with his teachers, his classmates, or anyone else.

Out of the blue, without warning, probable cause, or a warrant, along came the local Sheriff’s department and their trusty drug-sniffing dog.  My students told me periodic drug sweeps were common in the prison…er..school.  The dog did his unlawful job well and promptly located Johnny’s pills.  The pills he was forced to take.  The pills that impaired his ability to reason.  The pills that caused him to forget to follow the procedures of the school that forced him to take the pills. Johnny was in trouble.

Jeopardy the first: Johnny had to appear at an administrative school hearing and faced expulsion or a year at the “alternative” school – like the supermax prison of the school world. Jeopardy the second, under asinine state law, as a minor with a driver’s license, Johnny’s possession of “drugs” put his license at risk and necessitated another administrative hearing before a state officer.  Third, and worst, Johnny faced a criminal proceeding and the possibility of jail time.

Luckily, Johnny had a good attorney and beat the triple threat.  He was back in class, soon weened himself off the school dope, and became a college honors student.  Others in the system are often not that lucky.  Maybe you know one of them. Maybe you were one of them.  Others have noticed this phenomenon and written about it.

Today John W. Whitehead wrote: Public School Students Are the New Inmates in the American Police State.

From the moment a child enters one of the nation’s 98,000 public schools to the moment she graduates, she will be exposed to a steady diet of draconian zero tolerance policies that criminalize childish behavior, overreaching anti-bullying statutes that criminalize speech, school resource officers (police) tasked with disciplining and/or arresting so-called “disorderly” students, standardized testing that emphasizes rote answers over critical thinking, politically correct mindsets that teach young people to censor themselves and those around them, and extensive biometric and surveillance systems that, coupled with the rest, acclimate young people to a world in which they have no freedom of thought, speech or movement.

If your child is fortunate enough to survive his encounter with the public schools, you should count yourself fortunate.

Most students are not so lucky.

By the time the average young person in America finishes their public school education, nearly one out of every three of them will have been arrested.

Whitehead.

Whitehead notes the utterly insane militarization of the school police, who shouldn’t even exist in the first place:

In their zeal to crack down on guns and lock down the schools, these cheerleaders for police state tactics in the schools might also fail to mention the lucrative, multi-million dollar deals being cut with military contractors such as Taser International to equip these school cops with tasers, tanks, rifles and $100,000 shooting detection systems.

Indeed, the transformation of hometown police departments into extensions of the military has been mirrored in the public schools, where school police have been gifted with high-powered M16 rifles, MRAP armored vehicles, grenade launchers, and other military gear. One Texas school district even boasts its own 12-member SWAT team.

As Whitehead states, the stories of abuse are “legion.” Students are being harassed, detained, and arrested for anything and everything.  One student was recently arrested for showing off his homemade clock at school.  Specifically, he was showing the clock off to his engineering teacher, who was duly impressed. Despite the fact the clock was obviously a time keeping device and impressed the shop teacher, its owner, a 14-year-old, was handcuffed and hauled away by police.

_85589317_4163c0e1-3c48-44ab-af0f-c53360632e81

Child Arrested for Chronometer Possession.  BBC.

The boy in question was a known Muslim and some feared his clock was a bomb. The criminal case was dismissed after the clock was verified to be a clock not a weapon.  I imagine the boy still faces school discipline in addition to the trauma he suffered during the incident.

This story almost makes sense.  Americans today face the threat of Islamic terror, largely because their government constantly stirs the Islamic world to the point of terrorism.  The same government then trains, equips and funds the known terrorists.  Worse, the government, almost out of malicious hate for the people, then import migrants from the areas where they have fostered hate and terror.  You can see this is definitely a problem.  But, it’s a problem with the state not with an aspiring young engineer.

Your government does not care, at all.  Frequently neither does the media nor the television-numbed people themselves.  Obey those laws!  Trust the state! Arrested means guilty, period!

William L. Anderson today recounts the horror story of the arrest and unlawful prosecution by the U.S. “Justice” Department of Xiaoxing Xi, Chairman of the physics department of Temple University, on espionage charges: Paranoia and Pernicious Prosecutions: The Department of Injustice Continues its War Against the Innocent.

The once-glorious standard of American criminal law – guilty beyond a reasonable doubt – no longer exists de facto in U.S. courts, and especially in federal courts. Furthermore, federal intervention in certain legal areas – and especially when highly-politicized accusations of sexual assault are made – has made it extremely difficult for charged individuals to mount a defense, even when a charge is ludicrous on its face.

Let me further explain. Had there been a trial federal prosecutors would have presented their evidence and Dr. Xi would have had to then rebut with his evidence. However, as became painfully obvious, prosecutors had no evidence. Instead, they had “evidence” that on its face was untrue because they had the wrong material. One imagines that prosecutors and their “expert” witnesses would have given jurors a lot of scientific terminology that would have been confusing, and when jurors are confused, they usually end up siding with the prosecution, since most Americans believe that an indictment itself is “proof” of guilt.

It would have been up to Dr. Xi and his defense to prove that federal agents had presented the wrong set of blueprints. The feds would have falsely claimed that theirs was the correct set, even though by then they surely would have known they were presenting false claims. This last point is important, because it is a crime to knowingly present false information to a jury, but prosecutors never are disciplined for doing just that.

Anderson.

As Anderson notes, the feds dropped their case once it was obvious they had no evidence.  Xi pretty much lost everything – his reputation, his position, his peace of mind as an innocent American – all because of groundless charges brought without evidence.  Evidence is (or used to be) critical for a criminal case and conviction.  In my career I had similar criminal cases in federal and state courts fall apart due to a complete lack of evidence.  More on some of those in another column or two.

Many do not care about standards of evidence, due process or about the rights of people in general.  See: here, and here, and here.  That last “here” link is to a story I did about an innocent man shot by the police in Atlanta in his own home for no reason.  That narrative has played out yet again:

Fearing for their lives, California deputies opened fire on a man who was recording them with a cell phone from the garage of his home Friday, claiming they thought it was a gun.

Sacramento County sheriff’s deputies then searched the man’s home, finding no guns, before they apologized and went on their way.

Fortunately, Danny Sanchez survived the shooting, ending up with only bullet fragments in his legs, which he was having removed through surgery on Friday.

And although deputies apologized to Sanchez, they are pretty much unapologetic for their actions because, you know, officer safety.

 Carlos Miller, PINAC News.

Pitiful action by pitiful men.  Scared of a cellphone.  “Sorry we shot you.  Well, have a good day, sir!”  And the lemmings among you will still praise the deputies and chastise the victim.  “He should have obeyed the law!”  He did.  “You have to respect the police!”  No known disrespect even after they almost murdered him. Reality is doing a really poor job convincing the state-worshipers their’s is a false god.

For you, the sane, eye with distrust the machinations of government: its foreign policies; its immigration policies; all its policies; its schools; its courts; its police. All the laws and all the agents serve but the government and its owners. You and I are either obedient servants or criminal enemies of the state.

Note: This article was originally intended as two separate parts. As the subject matters – schools as prisons and more prosecutorial/police misconduct are related, I combined them, here.  This also promotes reading economy.  You’re welcome.

Marriage, Martyrs, and Malevolence

06 Sunday Sep 2015

Posted by perrinlovett in Legal/Political Columns, News and Notes

≈ Comments Off on Marriage, Martyrs, and Malevolence

Tags

America, Courts, freedom, government, Kentucky, law, Licenses, marriage, religion

The problem with the Kentucky clerk jailed by the federal District Court for refusing to issue marriage licenses is two fold:

First, states should not issue licenses, especially for something as sacred as marriage;

Second, federal trial courts should not exist.

Better yet, imagine no government at all.

There. The issue is resolved.

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Perrin Lovett

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