Howard Griswold Conference Call—Thursday, January 21, 2010 Partial Howard Griswold Conference calls: 218-844-3388 pin 966771# (6 mutes & un-mutes), Thursday’s at 8 p.m., Eastern Time. ‘6’ Mutes and un-mutes
Conference Call is simulcast on:
www.TheREALPublicRadio.Net Starting in the first hour at 8 p.m.
Note: there is a hydrate water call Monday’s, same time and number and pin #. Howard’s home number: 302-875-2653 (between 9:30, a.m, and 7:00, p.m.)
Mickey’s debt collection call is 8:00 p.m., Eastern Time, Wednesday night. The number is 712 – 432 – 8773 and the pin number is 947975#.
All correspondence to: Gemini Investment Research Group, POB 398, Delmar, Del. 19940 (do not address mail to ‘Howard Griswold’ since Howard has not taken up residence in that mailbox and since he’s on good terms with his wife he isn’t likely to in the foreseeable future.) "All" Howard's and GEMINI RESEARCH's information through the years, has been gathered, combined and collated into 3 "Home-Study Courses" and "Information packages" listed at www.peoples-rights.com "Mail Order" DONATIONS and/or Toll-Free 1-877-544-4718 (24 Hours F.A.Q. line) Dave DiReamer can be reached at:
[email protected] Peoples-rights has a new book available from The Informer: Just Who Really Owns the United States, the International Monetary Fund, Federal Reserve, World Bank, Your House, Your Car, Everything—the Myth and the Reality. He’ll take $45 for the book to help with ads, but $40 would be ok which includes shipping ($35 barebones minimum) www.peoples-rights.com c/o 1624 Savannah Road, Lewes, Delaware 19958 ******************** Note Mickey Paoletta has a new study course starting June 3rd, Wednesday at 8 pm., Eastern Time. The course will last for six Wednesdays. The first session was held on June 3rd. Send the fee ($250 MO) to: Mickey Paoletta, 1771 South Meadow Drive, Mechanicsburg, Penn. 17055 Fax the MO and letter to Dianne and she’ll give you the tel # and pin #. Put ‘study course’ in the subject line of the e-mail Dianne’s telephone number is 570-388-0938 Dianne’ fax number is 866-390-2344
Dianne’s e-mail is:
[email protected] *************************** Often you can find a transcript or a partial one for the week’s call at the following website: http://groups.yahoo.com/group/peoplelookingforthetruth ******************************************************************* When you aren’t talking please mute your phone!! It would be best if you mute your phone when you first come on, then un-mute it when you want to talk and then re-mute it. You can use the *6 button on your phone or use the phone’s mute button Speaker phones and cell phones are not desirable as they can chop up the call badly occasionally. If you are recording the call and leave the phone unintended, please mute!!!!! Note, on October 30th someone left the phone un-muted and coupled television audio into the phone making the conference call conversations very difficult. When you are not muted be careful of making noise such as breathing hard into the phone’s microphone or rubbing the mouthpiece or not reducing extraneous noise across the room. Cell phones can pick up wind noise when used outside and also if not in a primary reception zone can couple noise into the call. Excessive echoes and noise will terminate the conference call. Cell phones and speaker phones can cause echoes. Keep the call quiet, don’t make Howard climb out of his mailbox and bop you one. ******************************************************************* Note: the telephone lines are usually quite noisy and therefore it would be prudent to slow your speech down otherwise your words and meaning will be lost. Suggestion to everyone (even Howard): Get a phone with a privacy or mute button. This is much more convenient than star-6 and more rapid to use. It can also be used as a cough button since it can be used rapidly. Try it, you’ll like it. ********************************************************************* 02:32:05.627 [Bob] Howard, Hi, this is Bob from Long Island, New York. How are you doing? [Howard] Pretty good; I’m improving considerably.
[Bob] That is fantastic. I want to change the subject a little bit. I want to ask you, what is your opinion on fighting a camera picture taking summons that I recently got for going through a red light.
[Howard] Comes back down to private property. It has nothing to do with the camera. It has nothing to do with the eyes of a police officer seeing you do something. The question is whether or not the law applies to your private property and it doesn’t. Now, if you’re driving on a privilege such as a CDL license then you come under their regulations but you had to have been driving the thing that the CDL licenses were intended to apply to. If you get out of your tractor trailer truck and get into your private automobile and drive home, guess what, those laws don’t apply to you anymore because you’re in your private car. Now, this is going to be a hard argument. These lawyers have been making a fortune off of this scam called traffic control for years and the judges are part of the lawyers. You’re not going to win in the lower court. You probably will win if you can take it all the way up to the highest courts because there are dozens and dozens of cases that can be found in the higher courts that are found in the higher courts that are reported cases that show exactly what I just said, that it doesn’t apply to your private automobile. [Bob] Yeah. That’s the question that I wanted to ask you about. I just picked it up today in the mail. [Howard] If you don’t feel strong enough to fight this, don’t feel that you know enough about private property, don’t feel that you understand the rules of court well enough to go through the courts and file the appeals and do things according to the rules properly then go pay the ticket and go on in life. We’ve had to give in a lot of times. A smart military leader will surrender or retreat when he knows he’s being beaten and regroup and re-attack so we have to learn to do that. We aren’t always totally prepared and ready to carry all these things all the way through so sometimes we have to retreat. We have to yield a little bit and go do some more studying and regroup and get ourselves together and ready for the next time. So if you’re not entirely ready don’t fight it. But if you feel that you’re ready call me, I’ll help you with any information that I can get to you including Boyd v. United States, Bob. You should look that case up and read it; it’s a New York case. [Bob] This is Bob again. I just want to say one thing. I thank you for that information but I want to let everybody know: remember the show called The Conspiracy Theory with Jesse Ventura? It’s been cancelled here. [Howard] [Bob] Yeah, we found that out last night. I was looking forward to seeing that last night.
[Howard] Jesse does not even live in this country. There’s not much they can do to him other than cancel his cancel his show—that they can do. He was revealing too much information about the evils of government and they canceled his show. I’m surprised that they haven’t canceled Fox News because Fox is doing a lot of the same things and has people on it that are revealing things that really aren’t supposed to be out here for the populous to learn about. But strangely enough CNBC, a guy named McCafferdy, he’s one of their news reporters, even he’s picked up on some of this stuff and that surprised me no end the other day. He was talking about Haiti and the earthquakes and the problems that are
going on down there and the fact that this country is not prepared for a disaster like this in any way at all. They have a very corrupt government just like we have in America he said. [caller] It was the British that set that colony up anyway…
[Howard] It matters not who set it up. It’s corrupt and he pointed out the fact that the government is corrupt—it doesn’t do anything for the good of the people. And that’s why the people are poor and are not in a state of monetary gain that they are capable of handling problems like this and the government isn’t either because of the corruption. Even though the government brings in money it ends up in somebody’s pocket. ‘It is as corrupt,’ he said, ‘as the government we have here in America.’ Now, isn’t that interesting that CNBC News reporters would start talking like that about this government in this country. All these news medias are starting to follow the lead of those who are talking and exposing the wrongs that are in this government. We need to bring this stuff more to their attention because I guarantee you that what I told you about the pale horse is not known by any of these people. The Christian teachers, preachers, whatever you call these little morons in churches do not talk about these kinds of things. They are stuck on what I call the Jesus Christ syndrome. If you don’t believe that Jesus died on the cross for your sins you’re going to hell. That’s the Jesus Christ syndrome—that’s all they preach. They don’t go into the Bible and tell you about these things. They don’t teach you what’s in the Bible, what we were meant to learn and understand about nature, about our Creator, about the different forms of creation that are here on this planet. None of that is talked about. They don’t explain anything that we should know. They just stuck on this Jesus Christ is going to save your stupid butt—well, that’s a ridiculous thing. Your butt is physical and it’s going to deteriorate and it can’t be saved so why would we worry about saving our butt? It’s physical—it can’t be saved. The only thing that can is the sole. Well, the sole is energy. That’s all it is, is energy. You wouldn’t exist without the energy that’s within your body. And it matters not what religious belief you have as to the energy that’s in your body. We all have energy or we wouldn’t be walking, talking and doing things. That is the sole, the spirit in your body. Energy always was and always will be. Energy wasn’t created and it can’t be destroyed. It is transformed and transposed in many different ways but it cannot be destroyed. So if it can’t be destroyed then the sole can’t be destroyed. There is nothing to save. What’s this salvation crap about? Answer my stupid question. I don’t understand what this salvation crap is all about. Somebody answer my question. You can’t answer it, can you? [Ed] Howard, I want to talk about private property and what Bob said in New York. If these cameras are scanning you that’s taking your private property, isn’t it? [Howard] Well, actually, yes it is and it’s a trespass upon your private property. Now, some states have retained the old common law action of trespass. Delaware is one of them. Pennsylvania, I think, is another one. Most of the old commonwealth and some of the old colony states have retained that. Some them have abandoned the old common law 100% and they have replaced it with statutory complaints. The statutory complaints are the same basic thing. A trespass is an injury of some type upon me or my property. So look up a complaint for an injury and it’s the same thing as a complaint for a trespass in the more
modern procedural rules of the courts. So, create an action for a complaint for either a trespass, if that’s what it is. Now, Delaware, for one, still has that on the books. It’s an old common law action and it’s still on the books here and, here, I could go against a police officer who wrote a ticket against my wife’s private automobile for a trespass. In Maryland they’ve completely done away from all of that old common law terminology and they’ve replaced it with a complaint for an injury—same thing. Now, you look in your state rules of procedure and you’ll find out how to do it and you just make a complaint for an injury or a complaint for a trespass. The complaint for an injury is because they trespassed upon your private property so it brings in the old common law through the modern procedure and just complain that they’re trespassing. Now, read Boyd v. United States. That was an action of trespass that was brought against the judge in the lower court who got fined, the code enforcer who was enforcing the law who got fined. Read the case and read it carefully. They got fined for interfering with this person’s private property. [caller] Howard, are they starting to find a way out of when you send the ticket back to them within the three days, when you’re sending it back to them so you’re not in possession of it, are they finding a way around that…? [Howard] They aren’t just starting to do something about it. Ever since we’ve started doing it we’ve been successful in some areas and we’ve had failures in some areas because they just completely ignore you and proceed right on and they trespass against your private property or against you private person and you’re not suing them. And until you get off your ass and starting looking in the law books in your states and try to find out how to do it and file an action against them for an injury or for a trespass and show within the injury that that’s what it was, a trespass upon your private property that injured you you’re not going to stop this kind of stuff from happening. And I don’t care if you sue a cop. The cops are not all bad and they’re not really the problem. They’re just doing what lawyers have told them to do but because they’re so stupid they need to be sued so go after the cop. I just got finished telling you how to do it. Look in your state code for a complaint for an injury. Look in your state for the rules of civil procedure to go after somebody for an injury. I can’t look all this stuff for every one of the fifty states for everybody that has a problem. And, as a matter of fact, it wouldn’t do me any good to look it up in Delaware and then tell you how to do it out in Kansas or Oregon or wherever you’re located because the rules out there are written differently. You have to use the local rules. [caller] But I wondering, it would be the police, that would be the guy who I would try to bring the suit against? [caller] [caller] [Howard] [caller] Yeah, you’d go after the police and the chief of police, his supervisor. Well, if you’d like to have some information I have something. Go ahead. That would be great.
[caller] Ok. This is a website—you’ll find a lot of information that’s free there, possibly a cross reference to a second website which has some supportive and corresponding information. The first website is www.publicvehiculartravel.com . You’ll find a great many answers. You’ll have to adjust the items for your particular state. [Howard] [caller] [caller] That’s actually what I’m telling him. What state are you in? California.
[caller] California is a very difficult state. Its laws have been stripped relating to public vehicular travel. So, you’ll find throughout the other states there’ll be more information for supporting the law so I would start there—it’s the easiest. [Howard] There are California Supreme Court cases that clarify the private automobile not being under those laws. [caller] Texas is probably the best from what I gather.
[Howard] That does not mean that the lower courts will honor what the higher courts have said which means that when you file the lawsuit you should file it against the judge and the prosecuting lawyer and the police chief and the cop. Go after them all for an injury. [caller] Howard, can you make a motion with two subjects, like motion for lack of subject matter and also with no cause of action. [Howard] Yes, you can and I’m working with somebody, right now, with that kind of a motion. I’ll bring that information out sometime soon. [caller] It’s called an omnibus motion.
[Howard] That’s one terminology for it. It’s a post {pre} answer motion rather than answering the complaint that they’ve made you file a post answer motion to dismiss. All the modern procedure has done away with all the common law motions and returning actions like—I can’t think of the name of the one that was so popular here in America for a while that everybody was telling people to do and it doesn’t work and it’s not going to work because they changed the way they do it in the courts. The do all this stuff under a motion to dismiss but under the motion to dismiss you can bring in all the common law arguments that could have been brought under the types of common law motions. And the most important argument is the one that Dave keeps bringing up that they don’t have the three major things that they need. They don’t have the person, the place and the thing and they haven’t verified under the Rules of Evidence, Rule 901, that it is true and correct, that they have the person, the place and the thing. [Harold] Howard, that was a pre-answer motion.
[Howard] [Harold] [Howard] [Harold] [Howard] [Harold]
Yeah, pre-answer motion. It’s just a motion to dismiss. Correct. To fit modern rules of procedure. Right. That’s the one we were talking about on …’s call yesterday. Is this Harold? Yes.
[Howard] Oh, yeah, ok, good. That’s who I meant that I was working with. I’m hoping that you’ll put some of that together and get it down to Mickey. [Harold] I already sent it to Les already. I gave him a case from the beginning to end and he should be able to work from that. [Howard] Ok. I like the way you had put that together. Knowing what I know about the rules of procedure and the study I’ve done you’re on the right track with the way you did it and it’s going to fit right into what Dave DeReimer’s been teaching that they have to have three things, the person, the place and the thing. They have to have personam jurisdiction. They have to have venue which is the place and then they have to have the thing which is the subject matter jurisdiction and they never have all three of them. [Harold] Yeah. Well, the biggest one—they never have the res so they never have the thing is controversy. [Howard] [Harold] Right—the subject matter. Yeah.
[Howard] They consider the subject matter to be the statute and that’s not what the subject matter is about because the statute is too broadly written. It doesn’t tie down what the subject matter of the statute is all about because the statute is supposed to say who and what it applies to and they never do that when they write the statutes. So, everything is wide open to be challenged. {if people would please mute their phones we would get the exact wording!!} [caller] matter. [Howard] You could use the motion to dismiss post-answer also for lack of subject Yes.
[Dave] The subject matter is the insurance. The minute you admit you have insurance they’ve got you. You just admitted that you’re in admiralty because all insurance is admiralty and that is the subject matter, the insurance contract. [caller] [Howard] They won’t admit to admiralty though. No, they won’t.
[Dave] You don’t need them to admit. You need to deny that it exists as it applies to you because they will not issue insurance to live natural people. They only issue insurance to corporate fiction, person subject, all capital letter name dummies that have government property ID numbers. Live people don’t have that. [Howard] And that’s where they get it. When you give them the driver’s license it’s got an ID number on it and that’s where they get the subject matter. [caller] But I mean this is like everything. I mean this could be a loan, this could be a ticket, subject matter is everything, right? [Howard] Yes, it is.
[Harold] Correct. As a matter of fact, the way they have the courts set up now that basically is your only issue, jurisdiction and standing because if you argue the facts you’re dead. [Dave] They cannot enforce any contract. They cannot even write you a ticket regarding a contract unless they have already established the three preliminary elements, person, place and thing first. The cop pulls you over he has to establish the driver’s license, first, the venue, the registration card, second, and the insurance contract, third, prior to having authority to write you a ticket. You deny all three. You don’t have insurance. You’re not the fiction person and you’re not in their fiction, capital D, capital E and you’re not in their fiction, 1,2,3,4, 5 and you’re not in their fiction state of X. You’re not in their fiction venue. [caller] That’s why it’s so hard to beat one, the ticket, because if you’ve given all that information then you’ve pretty much beat yourself—right? If you don’t give them any of that information… [Dave] That’s why you’re supposed to not give it. It doesn’t apply to live natural people. It only applies to all capital letter name dummies that have government property ID numbers. Live people don’t have those numbers. [Howard] If your sole had any feeling it would be all bruised from what your body did. You give them everything they need willingly. Your body hands them the registration to the car. Your body hands them your insurance papers. Your body hands them the driver’s license. You give them the person, place and thing.
[Harold] Correct. Everything in the system we do voluntarily whether we understand it or not because a corporation has no jurisdiction over live soles unless we contract with it. [Howard] Nobody likes the way I do it because people are so God damned nice, so polite, so very decent, and I’m not that way. I don’t know who thinks I am but I’m not. I don’t mind helping people. I bend over backwards to help people but I’m not nice when it comes to scum bags. If a cop pulled me over—and this has happened to me up on Maryland years ago. He pulled me over and wanted my driver’s license. I said, ‘what do you mean?’ He said, ‘your state driver’s license.’ I said, ‘state,’ I said, ‘they’re scum bags, I don’t deal with those people I don’t do business with scum.’ Finally, after harassing me for fifteen minutes and calling four other police officers they all got in their car and drove away and let me alone because they could not get me to admit that I had a driver’s license or a registration card and the truck did not have a license tag on it and they were really after me. They were going to tow my little van away. They were going to arrest me for driving without a license and I said, ‘I don’t have a license. You can’t arrest me for driving without a license that I don’t have. In order to be not having a license I have to have had the license. Look at your own laws.’ And they got on their radio phones and they called back into headquarters and their headquarters got a hold of lawyers and their lawyers explained a couple things to them and finally they just left because I would not give them any information. [Dave] And driving means charging money. If you’re not charging money hauling passengers and goods for hire then your car’s not a vehicle so you don’t need a driver’s license because you’re not driving. If you’re not charging money you’re not driving and your private property automobile is not a vehicle being used in the production of income. [Howard] We should know that; we should understand that. But you should never bring that up to the cop. Don’t get into a debate or an argument with the cop. [Jim] The fact that you didn’t have a license plate on the car, is that one of the reasons you were successful? [Howard] Probably, but only because I kept telling them that I’m not going to give them any registration information. I’m not going to give them a driver’s license because I don’t have any of that kind of stuff. I’m not in their commerce. And they finally went away and left me alone and this was about the sixteenth time they pulled me over driving around in that van with no license tags on it. [Dave] Because you’re not one required.
[Howard] The first couple of them gave me tickets. I went into court. I argued in court that I don’t need the driver’s license, I don’t need the auto registration and the court said, ‘oh, yes, you do,’ and found me guilty and fined me but they never collected any fines. And after they finally learned enough that they weren’t going to get any money out of me they finally decided to leave me alone. This whole thing is for money. We’ve got a
problem, here in Delaware recently, that’s cropped up. A number of the police chiefs of these little town police departments have become very upset with the attorney general’s office here in Delaware because the attorney general’s office is dropping cases. The police arrest people who have been—well, for instance, one of them I know about is the Food Lion Grocery Store was robbed by this person and the Food Lion Grocery Store happens to have cameras pointed down at the checkout booths. So the whole robbery was on film. They were able to take it off the film, give it to the police to put into the evidence file to use to get a conviction against this person that the police arrested. The attorney general’s office dismissed the case and said we don’t have enough evidence to proceed. That’s one that I personally happened to have know about because it was very local around me. I did a little bit of checking on this person. This person has no job, they have no money, they have no land, they have no car, they have nothing. Now, you figure out why the attorney general’s office dropped the case. [caller] It was his son?
[Howard] No. There was no way to make any money off of this person so they dropped the case. [caller] It would have cost them money to put him in jail
[Howard] It would have cost them money to prosecute him and they wouldn’t have profited anything. They couldn’t fine him and expect to collect the fine because he has nothing. They can’t go take property in exchange for the fine. He has none. They couldn’t get money because he has no job. He’s not worth them prosecuting it. The attorney general’s office is there for money, not for anything else. They’re not there for justice. They’re there for money. If they can’t money out of you then they won’t prosecute you. If you got a home and they can take it, you got an income of some kind because you work and they can take money out of you then they’ll prosecute you. But if you don’t have anything they don’t bother to prosecute you. Now, the police ought to wake up and realize what the attorney general’s office is doing and that it’s all for money and stop arresting these people. Why would you bother to arrest somebody that robs a store? He was caught in the act of thievery. The police should tell the local people around there to take care of this problem themselves and I’m going to turn my head—I didn’t see a thing. ‘You beat him to death—I didn’t see a thing’—that gets rid of the robbers. In America we used to hang thieves. According to the story of Jesus Christ that all these Christians claim they believe they hung a thief on each side of Jesus. Now, I keep telling you either you really do believe that story and you’re going to start hanging thieves or you’re not really Christians and you don’t believe the story. [Ed] [Dave] …, Howard, also another way… So, all the Christians could kill all the lawyers and that’ll solve the problem.
[Howard] I don’t recall who it was. One of these politicians accused this fellow, Brown in Massachusetts, that just won the election of going back to the stone ages. I said,
‘yeah, that’s where we ought to go, back to the stone ages and stone most of these people.’ One of the politicians against Brown, of course, and didn’t want him elected was the one that made that comment in the news that he goes back to the stone ages. ‘We’re modern, we want to do things our modern way and he’s back to the stone ages.’ I said, ‘yeah, and they ought to bring the stone ages back and start stoning people like this one that’s making this comment.’ [Jim] Howard, I got a question. I got a credit card problem—sort of in an unusual way. I bought one of these credit card where you activate it with money. It’s not from a bank and they let me have half my money on the card but the other half they said I needed identification. So, I sent them three faxes. The first fax, oh, it’s too light. The second fax, oh there’s nothing on the fax. The third fax, nothing in that fax either. ‘Well, could I sent it by mail?’ So they gave me an address. So I sent it by mail, I sent it certified mail. I got the green card back. It’s got a signature on it. ‘Now, did you get it?’ ‘No.’ ‘Well, how come I have a green card in my hand with a signature on it from your organization?’ ‘Oh, yeah, we’ll look into it—well, we can’t find it, we can’t find it.’ So, now we’re back to another round of faxes. At what point should I say, ‘I’m sending a criminal complaint or something,’ or what’s the best way to proceed there to get their attention? [Howard] I don’t know if this is worth pursuing with a complaint. I don’t think that you’d get very far with the complaint. It would be extremely hard to put one together to put the finger on somebody as saying that they were doing a criminal act of some kind. They’re not really taking your property without just compensation. They’re not stealing from you. {they have the money that they’re not entitled to and the card purchaser is out at this point} unless we can show that they’re stealing your identity and that would be extremely hard to prove. So I don’t know that that would be worth pursuing and I’ll tell you how you get these cards. You find some nice person that likes to be in the system that’s honest and decent and you get them to go get the card in their name and use their social security number and you put the money on the card and you keep using it. [Jim] Oh well, I found a way subsequently. I have a very good way. All I’m worried about is I’m not getting my $300—they got it. [Howard] That’s an awful lot of money to have put…you should have opened that card up first with $10 and made sure that it was going to go through before you put any amount of money like $300 into it. [Jim] Well, curiously enough it did go through first because I did get $300 out of the card but they balked after $300 more. In other words, I put a total of $600; they let me have half of it. [Howard] Well, then I’d go after them and ask them why they processed the first time and won’t process it the second time—what’s your excuse? [Jim] Oh, exactly.
[caller] Well, you do have a case because you have the receipts of the money you put on the card—right? You have the proof of that and you have proof of the money that you did spend with the receipts that you got with the card. That makes the balance is what they owe you and you can win specifically with that with the proof that you did fax them. [Jim] [Howard] That would be a small claims court type thing? Is this a green dot card?
[Jim] No, it’s something they call—well, their company is Wired Plastics and it’s a VISA Only1 card and you load it up with money. That’s how it works. You buy them in supermarkets. [Dave] Your state’s attorney general office has a consumer fraud department. Complain to them that they won’t give you your $300 off of your card. [Jim] [Howard] [caller] That’s a good idea. Would I do that in my state or their state? In your state. And their state.
[Howard] It happened where you live so you go to the state attorney general where you live and complain about this. [caller] And also you got the green card that was sent back to you so you got proof that they did have it so all you need to do is have them write you a statement that they didn’t get this and this and that and then you’d have proof that they’re lying—fraud— because they did get it through the mail. They’re sending you that they didn’t get it. You have proof that they did and now you’re proving that they’re lying which is fraud. [Jim] Actually what they were saying is they were saying, ‘we may have gotten it but we lost it.’ [caller] Now they’re procrastinating. You want your money and you want it now. They owe it to you. They don’t want to give it to you. You’re suing them for it plus any inconvenience that… [Howard] I wouldn’t even sue them for it. I’d just go like Dave said to the attorney general and put in a complaint under the consumer protection area. [Dave] [Jim] They want to embezzle your money and you do not do anything. Right. That’s a good idea.
[caller] Another possible option is the local television station’s Call for Action Department. A lot of TV stations have stuff like that. Just try something like that. It’s kind of simple and just send your evidence to them and all of a sudden they get called by a media outlet and the next thing you know you got your money back. [Jim] Yeah, good idea.
[Howard] What I was going to tell you, if it’s a green dot card that is through a bank and if it’s through a bank and you have this kind of a problem you contact the local state bank commissioner and put in a complaint. The state bank commissioner will look into it. If he comes up with anything he will turn it over to the attorney general for prosecution. [Jim] I got another issue that’s almost like that one. I bought some sound cards— two different buys, one for one buy and the second buy was for two cards. The first card comes dead on arrival and the second cards haven’t even arrived yet and you call on the phone and they say we do the business on the internet. You get on the internet and you can’t contact them. There’s no way to contact those people. [Howard] Ok. Again the attorney general’s office is one way of doing something about computer fraud and if it’s through somebody like Paypal or something. If you paid for it over the computer through Paypal and you contact Paypal and let them know you’re being defrauded and they will go after the person. Don’t worry about the attorney general —they’re Americans, they lynch people. [Jim] I could do that with my bank. It was actually a bank credit card.
[Howard] That Paypal thing is mean. You better not get caught by Paypal doing something wrong. [Jim] Oh, interesting. Then I had one other question and that’s about the assignments. The assignment has wording in the front that I filed my security agreement on such and such a date and have such and such a file number and normally that’s the way you would do it. But in my case they wouldn’t file it. I would take it since I don’t have a file number I would, like you say, use my… [Howard] [Jim] [Howard] [Jim] Yes, it’s filed and yes, you got a number. Yes, yes, exactly. I would use the number… That’s what you would use. The registered mail number…
[Howard] The registered mail number because the Code says that if you can prove you sent it which is done by the registered mail number it’s effectively filed so that’s your filing number.
[Jim] Ok, so I should probably put words to that effect because they didn’t file it so I can’t say it was filed on such and such a date. [Howard] [Jim] Yes, you can. It was filed on the date that it was mailed. Ok, I’m with you.
[Howard] The Code says it’s effectively filed if you can prove that you delivered it. Well, the certified mail proves that you delivered it so it’s effectively filed, so it was filed that date. There are only a couple of states in the Union that are not filing these things. The rest of them are all filing them with no trouble at all. The few that aren’t filing them, we just do it by certified mail with a photocopy of the money order so that you can prove that you tendered the payment and that you delivered it to them through certified mail and you don’t need green card return receipt and all that shenanigan—just the certified mail number is all that’s necessary. [Jim] Yeah, Virginia doesn’t file them but the county in Virginia does file them. I’d like to get over there to Richmond and I’d do it but I just can’t get over there. I did it the county years five years ago. They must have listened because now they’re doing it. [Howard] Ohio doesn’t file them either in the Secretary of State’s office but we get them filed by certified mail and then the counties in Ohio are filing them with no trouble. [Ed] court? Howard, is it hard to move a case from a state court to a federal district
[Howard] Well, you have to do it in ten days after the case is filed in the state court. If you don’t do it within ten days following the rules of removal then you have to ask the court for leave to remove it. If they grant you leave then you can remove it but you can’t remove what would be considered to be a state issue, only something that would be involved in a federal issue can be removed and taken to the federal court. So you got to figure out whether or not it fits under a federal issue. [caller] Would the right to travel be a federal issue and it’s being denied?
[Howard] Well, the right to travel is a non-existent thing. There’s no such thing as a right to travel. [Dave] [Howard] [caller] Travel is a commercial term. That’s right, it is commercial. Ok, what’s the proper term?
[Howard] Commerce travels from place to place. You don’t travel. The proper term is private property and the word, use. You’re not a driver. You use your automobile. It’s your private automobile and you’re privately using it. [caller] Use of my consumer goods and private property?
[Howard] I wouldn’t even call it consumer goods because then again you’re getting back into commercial terms. It’s private property and they are interfering with the use and enjoyment of your private property. Look up Title 5, United States Code, Section 601 through 627 and read the whole thing. [Dave] What do you do when you ride a horse? What do you do when you’re on a bicycle? You do the same thing in your private property automobile that has more than one horse. You ride it, you don’t drive it, you don’t operate it. Any commercial term, you ride just like a bicycle. [Howard] And you just reminded me of America again and the fact that we hang people and we don’t have jury trials. They used to hang horse thieves, didn’t they? How many horsepower does your car have? They take your car or interfere with your use of your car, they’re horse thieves. [caller] Yeah, hanging offense.
[Howard] It used to be. What the hell happened to America? I think America has just gone to hell in a hand basket. [caller] [Ed] [Howard] [caller] [Howard] [Dave] I agree 100%. Ed-u-ma-kation, Howard. We’ve let lawyers tell us how to live as though they know. Down to a lawyer’s hand basket. Um huh. You got a nation of wusses.
[Howard] And we’ve stood up and done nothing for a century—actually, it’s a century plus a few years and we’ve just sat back since then and let this stuff happen and done nothing about it so it’s our own fault. You can blame the Trilateral Commission or Club of Rome or Club of 300, whatever these names are of these different groups—you can blame them all you want. Why don’t you blame Jesus? Get mad a God and blame him. Blame somebody—never accept the blame yourself. It seems that that’s what we’ve been taught and the fact is the blame lies upon us—we’ve done nothing. And I showed you tonight the Tenth Amendment gives the people the last word. You had the power to do something
about this all these years and you’ve done nothing—it’s up to us to do something. I think the violence should be held back as long as we possibly can. I think it should be done still with as much paperwork as we can do it. But just write up a document telling them that their law that they passed—let’s pick on this medical health care law. If they pass that just write up a document saying that the health care law passed by Congress in 2010 is null and void as it pertains to me—I reject it. Take it to the county recorder of public records and file it in the public miscellaneous record—get it stamped in—it becomes a legal document. Anybody bothers you about participating in the health care program, you show them that document, it’s void as it pertains to me. As a matter of fact, if you really want to know how I feel about it we should void the Constitution—that closes the entire government down. [caller] You might want to go back just a wee bit further and that would be to the 1783 Treaty of Peace. [Howard] Yeah, that too—um huh.
[caller] That was actually accepted or adopted or ratified whatever they called it prior to 1789 which was the Constitution adopted thereof. [Howard] Yeah, but the Constitution in Article 6 says something to bring that into play that all treaties made are the law of the land. [caller] I believe it’s Article 1, Section 17, Clause 8 or Clause 8, Section 17—I get them backwards. [Howard] [caller] [Howard] I thought it was in Article 6 of the Constitution. It might be. All the laws and treaties of the United States are the law of the land.
[caller] I think it’s also adaptable to 432 but I’m rusty—not my name. 03:16:52.966 . . . 03:18:24.359 [caller] Could I share one thing for thirty seconds? In the URL of a normal website, http://, spell the word, illuminati backwards and put dot com after it. Where it takes you will be quite shocking. {http://www.itanimulli.com} [Ed] Howard, can I bring up one thing that we haven’t discussed? Well, I was trying to say good night, but yeah, go ahead.
[Howard]
[Ed] One of the things that you talked about is not everybody is prepared to handle these cases which means that some people are going to go to jail because they don’t know how to handle these. [Howard] So? It’s a good learning experience.
[Ed] Well, if you go to jail there is a publication that publishes to the different jails and it’s only 7000 members so far but I can get that information out for you on the next call or I’ll try to send it out to some of my friends via e-mail. But there’s a publication about prison life and it tells you all about your rights in prison and I think that would be quite interesting for people that are afraid of going to jail, what you could do if you do have to go to jail—how to survive in jail. Because they have 2.5 million people in jail in this country. This country is the largest concentration of prisoners in any modern society in the world. We have more people incarcerated than any other advanced nation. [Howard] Yes we do. Now, that’s been in the news. The other countries don’t have Constitutions like we do. The other countries aren’t set up in the beginning to protect the people, like we are set up to protect the people and those countries that don’t have all those good things going for them don’t have near as many people in their jails as we have in our jails in this country because we have a corrupt legal system. [Ed] That’s interesting that there’s a publication for that, though. So I wanted to share that with people that… [Howard] Well, if you can find out how we can learn about the publication, let me know and we’ll share that. [Ed] I will do that, Howard, I will leave that on your answering machine, but I thought that that was interesting. I found that on the internet. Also, doing collect calls while you’re in prison seems to be a hot issue as well. There are a couple of companies in the internet that do collect calls. It seems that they really gouge you. They steal people’s money by overcharging you with the calls from the prison system. I thought that was very interesting. The prison system itself is a very interesting animal and I don’t think we need to be afraid of it as we seem to be. I think we need to be able to learn and teach people from it like Nelson Mandela did when he was in prison for twenty years. He created quite a following of lawyers while he was in prison. [Howard] yeah, he did and anybody can do that. If you’ve got a little bit of this legal knowledge and you go in there and you start teaching it to the other prisoners and showing them how they can put documents together to go into the court to argue their cases they get thrown out of jail. [Ed] Yeah, they’ll throw you out of jail because they don’t want you to teach people how to… Interesting concept. I just wanted to say I never heard of that publication before but I ran across it on the internet.
[Dave] The jails are afraid of the information that Howard has because they will not allow any of this printed matter from People-Rights past any of those jail mailrooms so we just refuse to mail anything into a jail mailroom anymore. We tell the prisoners that if they want it they have to provide us a home civilian non-jail post location and we will mail the information to those family members and the family members can bring the papers in on visiting day because it will not get to them through the jail mailroom. The lawyers that run the business do not prisoners to learn. [Ed] Absolutely not.
[Howard] Years ago there was a very thick paperback book available called the Prisoner’s Self Help Manual. It is no longer in print. [caller] Self Help Litigation Manual.
[Howard] Something like that—yeah—self help litigation manual for prisoners. It was loaded with all kinds of information of prisoner’s rights and what they could do and how to file lawsuits when you didn’t get your rights. ********************************************************************** Ok, if you have any questions let me know. Send me your mailing address and I will pop a hard copy in the mail to you. (Ed Simon)
Paul Wright, Editor Prison Legal News P.O. Box 2420 West Brattleboro, VT 05303 802 257-1342
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