The UCC BEST Explanation
The UCC BEST Explanation
The UCC BEST Explanation
"I send you out as sheep in the midst of wolves, be wise as a serpent and
harmless as a dove."
The frustration many Americans feel about our judicial system can be
overwhelming and often frightening; and, like most fear, is based on lack of
understanding or knowledge. Those of us who have chosen a path out of
bondage and into liberty are faced, eventually, with the seemingly tyrannical
power of some governmental agency and the mystifying and awesome power
of the courts. We have been taught that we must "get a good lawyer," but
that is becoming increasingly difficult, if not impossible. If we are defending
ourselves from the government, we find that the lawyers quickly take our
money and then tell us as the ship is sinking, "I can't help you with that--I'm
an officer of the court." Ultimately, the only way for us to have even a
'snowball's chance' is to understand the RULES OF THE GAME, and to come to
an understanding of the true nature of the Law.
The lawyers have established and secured a virtual monopoly over this area
of human knowledge by implying that the subject is just too difficult for the
average person to understand, and by creating a separate vocabulary out of
English words of otherwise common usage. While it may, at times, seem
hopelessly complicated, it is not that difficult to grasp--are lawyers really as
smart as they would have us believe? Besides, anyone who has been through
a legal battle against the government with the aid of a lawyer has come to
realize that lawyers learn about procedure, not about law.
Mr. Freeman admits that he is not a lawyer, and as such, he has a way of
explaining law to us that puts it well within our reach. Consider also that the
framers of the Constitution wrote in language simple enough that the people
could understand, specifically so that it would not have to be interpreted. So
again we find, as in many other areas of life, that -THE BUCK STOPS HERE!' It
is we who must take the responsibility for finding and putting to good use the
TRUTH. It is we who must claim and defend our God-given rights and our
freedom from those who would take them from us. It is we who must protect
ourselves, our families and our posterity from the inevitable intrusion into our
lives by-those who live parasitically off the labor, skill and talents of others.
To these ends, Mr. Freeman offers a simple, hopeful explanation of our plight
and a peaceful method of dealing with it.
INTRODUCTION
When I beat the IRS, I used Supreme Court decisions. If I had tried to use
these in court, I would have been convicted. I was involved with a patriot
group and I studied supreme Court cases. I concluded that the Supreme
Court had declared that I was not a person required to file an income tax--
that the tax was an excise tax on privileges granted by government. So I quit
filing and paying income taxes, and it was not long before they came down
on me with a heavy hand. They issued a notice of deficiency, which had such
a fantastic sum on it that the biggest temptation was to go in with their letter
and say. "Where in the world did you ever get that figure?" They claimed I
owed them some $60,000. But even if I had been paying taxes, I never had
that much money, so how could I have owed them that much?
So I went to see the agent and told him that I wasn't required to file. He said,
"You are required to file, Mr. Freeman." But I had all these supreme Court
cases, and I started reading them to him. He said, "I don't know anything
about law, Mr. Freeman, but the Code says that you are required to file, and
you're going to pay that amount or you're going to go to tax court." I thought
that someone there ought to know something about law, so I asked to talk to
his superior. I went to him and got out my Supreme Court Cases, and he
wouldn't listen to them. "I don't know anything about law, Mr. Freeman...."
Finally I got to the Problems Resolution Officer, and he said the same thing.
He said that the only person above him was the District Director. So I went to
see him. By the time I got to his office, they had phoned ahead, and his
secretary said he was out. But I heard someone in his office, and I knew he
was in there. I went down the elevator, around the corner to the Federal
Building and into Senator Simpson's office. There was a girl sitting there at a
desk, and she asked if she could help me. I told her my problem. I said that I
really thought the District Director was up there. I asked her to call the IRS
and tell them that it was Senator Simpson's office calling and to ask if the
District Director was in. I said, "If you get him on the phone, tell him that you
are from the Senator's office and you have a person who you are sending
over to speak to him--if he is can he wait just five minutes." It worked. He was
there, and I ran back up to his office. His secretary met me when I came in
and said, "Mr. Freeman, you're so lucky--the Director just arrived." The
Director was very nice and offered me coffee and cookies and we sat and
talked. So he asked me what I wanted to talk to him about. (If you ever have
someone say to you, "I'm from the government and I'm here to do you a
favor", watch out!--but we can turn that around and approach them the same
way.) So I said, "I thought you ought to know that there are agents working
for you who are writing letters over your name that you wouldn't agree with.
Do you read all the mail that goes out of this office over your signature?" The
Director said, "Oh, I couldn't read everything--it goes out of here by the
bagful." That was what I thought. I said, "There are some of your agents
writing letters which contradict the decisions of the supreme Court of the
United States. And they're not doing it over their name, they're doing it over
your name." He was very interested to hear about it and asked if I had any
examples. I just happened to have some with me, so I got them out and
presented them to him. He thought it was very interesting and asked if I
could leave this information with him, which I did. He said he would look it
over and contact me in three days. Three days later he called me up and
said, "I'm sure, Mr. Freeman, that you will be glad to know that your Notice of
Deficiency has been withdrawn. We've determined that you're not a person
required to file. Your file is closed and you will hear no more from us." I
haven't heard another word from them since. That was in 1980, and I haven't
filed since 1969.
AMERICA IS BANKRUPT
Later, when I went to visit the judge, I told him of my problem with the
supreme Court cases dealing with Public Policy rather than Public Law. He
said, "In 1938, all the higher judges, the top attorneys and the U.S. attorneys
were called into a secret meeting and this is what we were told: America is a
bankrupt nation--it is owned completely by its creditors. The creditors own
the Congress, they own the Executive, they own the Judiciary and they own
all the state governments. Take silent judicial notice of this fact, but never
reveal it openly. Your court is operating in a Admiralty Jurisdiction--call it
anything you want, but do not call it Admiralty.
ADMIRALTY COURTS
The reason they cannot call it Admiralty Jurisdiction is that your defense
would be quite different in Admiralty Jurisdiction from your defense under the
Common Law. In Admiralty, there is no court which has jurisdiction unless
there is a valid international contract in dispute. If you know it is Admiralty
Jurisdiction, and they have admitted on the record that you are in an
Admiralty Court, you can demand that the international maritime contract, to
which you are supposedly a party, and which you supposedly have breached,
be placed into evidence. No court has Admiralty/Maritime Jurisdiction unless
there is a valid international maritime contract that has been breached. So
you say, just innocently like a lamb, "Well, I never knew that I got involved
with an international maritime contract, so I deny that such a contract exists.
If this court is taking jurisdiction in Admiralty, then place the contract in
evidence, so that I may challenge the validity of the contract. What they
would have to do is place the national debt into evidence. They would have to
admit that the international bankers own the whole nation, and that we are
their slaves.
NOT EXPEDIENT
But the bankers said it is not expedient at this time to admit that they own
everything and could foreclose on every nation of the world. The reason they
don't want to tell everyone that they own everything is that there are still too
many privately owned guns. There are uncooperative armies and other
military forces. So until they can gradually consolidate all armies into a
WORLD ARMY and all courts into a single WORLD COURT, it is not expedient
to admit the jurisdiction the courts are operating under. When we understand
these things, we realize that there are certain secrets they don't want to
admit, and we can use this to our benefit.
JURISDICTION
The Constitution of the united States mentions three areas of jurisdiction in
which the courts may operate:
a.Common Law is based on God's Law. Anytime someone is charged
under the Common Law, there must be a damaged party. You are free
under the Common Law to do anything you please, as long as you do
not infringe on the life, liberty, or property of someone else. You have
a right to make a fool of yourself provided you do not infringe on the
life, liberty, or property of someone else. The Common Law does not
allow for any government action which prevents a man from making a
fool of himself. For instance, when you cross over state lines in most
states, you will see a sign which says, "BUCKLE YOUR SEAT BELTS--IT'S
THE LAW.' This cannot be Common Law, because who would you injure
if you did not buckle up? Nobody. This would be compelled
performance. But Common Law cannot compel performance. Any
violation of Common Law is a CRIMINAL ACT, and is punishable.
b.Equity Law is law which compels performance. It compels you to
perform to the exact letter of any contract that you are under. So, if
you have compelled performance, there must be a contract
somewhere, and you are being compelled to perform under the
obligation of the contract. Now this can only be a civil action--not
criminal. In Equity Jurisdiction, you cannot be tried criminally, but you
can be compelled to perform to the letter of a contract. If you then
refuse to perform as directed by the court, you can be charged with
contempt of court, which is a criminal action. Are our seatbelt laws
Equity laws? No, they are not, because you cannot be penalized or
punished for not keeping to the letter of a contract.
c.Admiralty/Maritime Law is a civil jurisdiction of Compelled
Performance which also has Criminal Penalties for not adhering to the
letter of the contract, but this only applies to International Contracts.
Now we can see what jurisdiction the seatbelt laws (and all traffic laws,
building codes, ordinances, tax codes, etc.) are under. Whenever there
is a penalty for failure to perform (such as willful failure to file), that is
Admiralty/ Maritime Law and there must be a valid international
contract in force. However, the courts don't want to admit that they
are operating under Admiralty/Maritime Jurisdiction, so they took the
international law or Law Merchant and adopted it into our codes. That
is what the supreme Court decided in the Erie Railroad case--that the
decisions will be based on commercial law or business law and that it
will have criminal penalties associated with it. Since they were
instructed not to call it Admiralty Jurisdiction, they call it Statutory
Jurisdiction.
COURTS OF CONTRACT
You may ask how we got into this situation where we can be charged with
failure to wear seatbelts and be fined for it. Isn't the judge sworn to uphold
the Constitution? Yes, he is. But you must understand that the Constitution,
in Article I, Section 10, gives us the unlimited right to contract, as long as we
do not infringe on the life, liberty or property of someone else. Contracts are
enforceable, and the Constitution gives two jurisdictions where contracts can
be enforced--Equity or Admiralty. But we find them being enforced in
Statutory Jurisdiction. This is the embarrassing part for the courts, but we can
use this to box the judges into a corner in their own courts. We will cover this
more later.
CONTRACT OR AGREEMENT
One difference between Common Law and the Uniform Commercial Code is
that in Common Law, contracts must be entered into: (1) knowingly, (2)
voluntarily, and (3) intentionally. Under the U.C.C., this is not so. First of all,
con-tracts are un-necessary. Under this new law, -agreements' can be
binding, and if you only exercise the benefits of a -agreement,' it is presumed
or implied that you intend to meet the obligations associated with those
benefits. If you accept a benefit offered by government, then you are
obligated to follow, to the letter, each and every statute involved with that
benefit. The method has been to get everybody exercising a benefit, and
they don't even have to tell the people what the benefit is. Some people think
it is the driver's license, the marriage license or the birth certificate, etc. I
believe it is none of these.
COMPELLED BENEFIT
I believe the benefit being used is that we have been given the privilege of
discharging debt with limited liability, instead of paying debt. When we pay a
debt, we give substance for substance. If I buy a quart of milk with a silver
dollar, that dollar bought the milk, and the milk bought the dollar--substance
for substance. But if I use a Federal Reserve Note to buy the milk, I have not
paid for it. There is no substance in the Federal Reserve Note It is worthless
paper given in exchange for something of substantive value. Congress offers
us this benefit: Debt money, created by the federal United States, can be
spent all over the continental united States, it will be legal tender for all
debts, public and private, and the limited liability is that you cannot be sued
for not paying your debts. So now they have said, "We're going to help you
out, and you can just discharge your debts instead of paying your debts."
When we use this -colorable' money to discharge our debts, we cannot use a
Common Law court. We can only use a "colorable" court. We are completely
under the jurisdiction of the Uniform Commercial Code--we are using non-
redeemable negotiable instruments and we are discharging debt rather than
paying debt.
REMEDY
The making of a valid Reservation of Rights preserves whatever rights the
person then possesses, and prevents the loss of such rights by application of
concepts of waiver or estoppel. (UCC 1-308.7) It is important to remember
when we go into a court, that we are in a commercial, international
jurisdiction. If we go into court and say, "I DEMAND MY CONSTITUTIONAL
RIGHTS," the judge will most likely say, "You mention the Constitution again,
and I'll find you in contempt of court!" Then we don't understand how he can
do that. Hasn't he sworn to uphold the Constitution? The rule here is: you
cannot be charged under one jurisdiction, and defend under another. For
example, if the French government came to you and asked where you filed
your French income tax in a certain year, do you go to the French
government and say, "I demand my Constitutional Rights?" No. The proper
answer is: THE LAW DOESN'T APPLY TO ME--I'M NOT A FRENCHMAN. You
must make your reservation of rights under the jurisdiction in which you are
charged--not under some other jurisdiction. So in a UCC court, you must
claim your reservation of rights under the U.C.C. 1-308. UCC 1-308 goes on to
say: When a waivable right or claim is involved, the failure to make a
reservation thereof, causes a loss of the right, and bars its assertion at a later
date. (UCC 1-308.9) You have to make your claim known early. Further, it
says: The Sufficiency of the Reservation--Any expression indicating an
intention to reserve rights, is sufficient, such as "without prejudice". (UCC 1-
308.4) Whenever you sign any legal paper that deals with Federal Reserve
Notes--in any way, shape or manner--under your signature write: Without
Prejudice UCC 1-308. This reserves your rights. You can show, at 1-308.4,
that you have sufficiently reserved your rights. It is very important to
understand just what this means. For example, one man who used this in
regard to a traffic ticket was asked by the judge just what he meant by
writing -without prejudice UCC 1-308' on his statement to the court. He had
not tried to understand the concepts involved. He only wanted to use it to get
out of the ticket. He did not know what it meant. When the judge asked him
what he meant by signing in that way, he told the judge that he was not
prejudiced against anyone.... The judge knew that the man had no idea what
it meant, and he lost the case. You must know what it means.
RECOURSE
The Recourse appears in the Uniform Commercial Code at 1-103.6, which
says: The Code is complimentary to the Common Law, which remains in
force, except where displaced by the code. A statute should be construed in
harmony with the Common Law, unless there is a clear legislative intent to
abrogate the Common Law. This is the argument we use in court. The Code
recognizes the Common Law. If it did not recognize the Common Law, the
government would have had to admit that the United States is bankrupt, and
is completely owned by its creditors. But, it is not expedient to admit this, so
the Code was written so as not to abolish the Common Law entirely.
Therefore, if you have made a sufficient, timely, and explicit reservation of
your rights at 1-308, you may then insist that the statutes be construed in
harmony with the Common Law. If the charge is a traffic ticket, you may
demand that the court produce the injured person who has filed a verified
complaint. If, for example, you were charged with failure to buckle your
seatbelt, you may ask the court who was injured as a result of your failure to
'buckle up.' However, if the judge won't listen to you and just moves ahead
with the case, then you will want to read to him the last sentence of 1-103.6,
which states: The Code cannot be read to preclude a Common Law action.
Tell the judge, -Your Honor, I can sue you under the Common Law, for
violating my right under the Uniform Commercial Code.' I have a remedy,
under the UCC, to reserve my rights under the Common Law. I have
exercised the remedy, and now you must construe this statute in harmony
with the Common Law. To be in harmony with the Common Law, you must
come forth with the damaged party.' If the judge insists on proceeding with
the case, just act confused and ask this question: -Let me see if I understand,
Your Honor: Has this court made a legal determination that the sections 1-
308 and 1-103 of the Uniform Commercial Code, which is the system of law
you are operating under, are not valid law before this court?' Now the judge
is in a jamb! How can the court throw out one part of the Code and uphold
another? If he answers, -yes,' then you say: -I put this court on notice that I
am appealing your legal determination.' Of course, the higher court will
uphold the Code on appeal. The judge knows this, so once again you have
boxed him into a corner.
2. The next step is to go to the clerk of the traffic court and say, -I believe it
would be helpful if I talk to you, because I want to save the government some
money (this will gets his attention). I am undoubtedly going to appeal this
case. As you know, in an appeal, I have to have a transcript, but the traffic
court doesn't have a court reporter. It would be a waste of taxpayer's money
to run me through this court and then to have to give me a trial de novo in a
court of record. I do need a transcript for appealing, and to save the
government some money, maybe you could schedule me to appear in a court
of record.' You can show the date on the ticket and the clerk will usually
agree that there is plenty of time to schedule your trial for a court of record.
Now your first appearance is in a court of record and not in a traffic court,
where there is no record. When you get into court there will be a court
reporter there who records every word the judge speaks, so the judge is
much more careful in a court of record. You will be in a much better situation
there than in a traffic court. If there is no record, the judge can say whatever
he wants--he can call you all sorts of names and tell you that you have no
rights, and so on--and deny it all later.
3. When you get into court, the judge will read the charges: driving through a
yellow light, or whatever, and this is a violation of ordinance XYZ. He will ask,
-Do you understand the charge against you?'
4. -Well, Your Honor, there is a question I would like to ask before I can make
a plea of innocent or guilty. I think it could be answered if I could put the
officer on the stand for a moment and ask him a few short questions.' Judge:
-I don't see why not. Let's swear the officer in and have him take the stand.
5. -Is this the instrument that you gave me?' (handing him the traffic citation)
Officer: -Yes, this is a copy of it. The judge has the other portion of it.' -Where
did you get my address that you wrote on that citation?' Officer: -Well, I got it
from your driver's license.' (Handing the officer your driver's license) Is this
the document you copied my name and address from?' Officer: -Yes, this is
where I got it.' -While you've got that in your hand, would you read the
signature that's on that license?' (The officer reads the signature) -While
you're there, would you read into the record what it says under the
signature?' Officer: -It says, 'Without prejudice, UCC 1-308.'' Judge: -'Let me
see that license!' (He looks at it and turns to the officer) -You didn't notice
this printing under the signature on this license, when you copied his name
and address onto the ticket?' Officer: -Oh, no. I was just getting the address--I
didn't look down there.' Judge: -You're not very observant as an officer.
Therefore, I'm afraid I cannot accept your testimony in regards to the facts of
this case. This case is dismissed.'
6. In this case, the Judge found a convenient way out--he could say that the
officer was not observant enough to be a reliable witness. He did not want to
admit the real nature of the jurisdiction of his court. Once it was in the record
that you had written 'Without prejudice' UCC 1-308 on your license, the judge
knew that he would have to admit that:
d.you had reserved your Common Law rights under the UCC;
e.you had done it sufficiently by writing 'Without prejudice' UCC 1-308 on
your driver's license;
f.the statute would now have to be read in harmony with the Common
Law, and the Common Law says the statute exists, but there is no
injured party; and
g.since there is no injured party or complaining witness, the court has no
jurisdiction under the Common Law.
7. If the judge tries to move ahead and try the facts of the case, then you will
want to ask him the following question: Your Honor, let me understand this
correctly: has this court made a legal determination that it has authority
under the jurisdiction that it is operating under, to ignore two sections of the
Uniform Commercial Code which have been called to its attention? If he says
yes, tell him that you put the court on notice that you will appeal that legal
determination, and that if you are damaged by his actions, you will sue him in
a common law action--under the jurisdiction of the UCC. This will work just as
well with the Internal Revenue Service. In fact, we can use the UCC with the
IRS before we get to court.
IMPENDING BANKRUPTCY
On my way here, I had a chance to visit with the Governor of Wyoming. He is
very concerned that if he runs for office this November, that there won't be a
State of Wyoming at the end of four years. He believes that the International
Bankers might foreclose on the nation and officially admit that they own the
whole world. They could round up everybody in the state capitol building, put
them in an internment camp and hold them indefinitely. They may give them
a trial, or they may not. They will do whatever they want. As I explained
earlier, it has not been expedient to foreclose on the nation until they could
get everything ready. This is where the Federal Emergency Management
Agency comes in. It has been put in place without anyone really noticing it.
FEMA
FEMA, or the Federal Emergency Management Agency has been
designed for when America is officially declared bankrupt, which would be a
national emergency. In a national emergency, all Constitutional Rights and all
law that previously existed, would be suspended. FEMA has created large
concentration camps where they would put anyone who might cause trouble
for the orderly plan and process of the new regime to take over the nation.
Even a governor could be thrown into one of these internment camps, and
kept there indefinitely. This is all in place now, and they are just waiting to
declare a national emergency. Then even state governments could be
dissolved. Anybody who might oppose the new regime could be imprisoned
until a new set of laws could be written and a new government set up. The
Governor knows all this, and he is very concerned. He doesn't want to be in
office when all this happens. I visited with him and I told him that there are
certain action we should take right now. I think we should consider the fact
that, according to the Uniform Commercial Code, Wyoming is an
accommodation party to the national debt. To under-stand this we must
realize that there are two separate entities known as the United States.
FEDERAL REGIONS
The supreme Court has declared that Congress can rule what Congress
creates. Congress did not create the States, but Congress did create federal
regions. So Congress can rule the federal regions, but Congress can not rule
the States. How have we been tricked into federal regions?
ACCOMMODATION PARTY
Let's look at how the states have become the accommodation party to the
national debt. There are many people I have talked to, including the
Governor, who are very concerned about this, and who know that it could
happen very soon. If America is declared a bankrupt nation , it will be a
national emergency. The Federal Emergency Management Agency will take
over, and anyone who opposes the new government of the creditors can be
sent to a detention camp in Alaska. We will have no rights whatsoever. They
have already set up prison camps with work camps nearby so the people can
be used for slave labor. It could be the governors, legislators, and other
leaders who would be hauled away to Alaska, while the people now
disenfranchised from power would likely be chosen to run the new
government. This could all happen very soon, as the national debt is so large
as to be unpayable. Even the interest on the debt is virtually unpayable. As I
explained, the national debt--more than three trillion dollars--is not owed by
the Continental united States. It is the federal United States that had
authority to borrow bank credit. When Congress worked for Continental
united States, it could only borrow gold or silver, so the national debt was
borrowed in the name of the federal United States. The federal United states
has been bankrupt since 1938, but the federal United States had to trap the
States into assuming the debt obligation of the federal debt. In the Uniform
Commercial Code, we find the term, 'accommodation party.' How did the
states become the 'accommodation party' to the federal debt? The federal
government, through our money system, made the states deal in Federal
Reserve Notes, which means that everything the states do is 'colorable.'
Under the 'colorable' jurisdiction of the Uniform Commercial Code, all of the
states are the accommodation party to the federal debt. Now the concern is
to find out how we can get out of this situation. I told the Governor that in the
Common Law and the Law of Merchants--that's the International Law
Merchant--there is a term called no-interest contract. A no-interest contract is
void and unenforceable. What is a no-interest contract?
NO-INTEREST CONTRACT
If I were to insure a house that did not belong to me, that would be a no-
interest contract. I would just want the house to burn down. I would pay a
small premium, perhaps a few hundred dollars, and insure it for 80,000
dollars against fire. Then I would be waiting for it to burn so I could trade my
small premium for $80,000. Under the Common Law and under international
law of the Law Merchant, that is called a no-interest contract, and it is void
and unenforceable in any court.
UNCONSCIONABLE CONTRACTS
In the Uniform Commercial Code, no-interest contracts are called
unconscionable contracts. The section on unconscionable contracts covers
more than forty pages in the Anderson Code. The federal United States has
involved the states as the accommodation party to the federal debt, and I
believe we could prove this to be an unconscionable contract. We should get
some litigation into the courts before the government declares a national
emergency, claiming that this state has no lawful responsibility for the
national debt (of the federal United States), because it became an
accommodation party to this debt through an unconscionable contract. If we
have this litigation before the courts under International Law when the nation
is declared bankrupt, the creditors would have to settle this matter first, and
it would delay them. They would want the new government to appear to be
legitimate, so they could not just move right in and take over the state,
because it would be in an International Court. This is very important at this
time.
COURTROOM TECHNIQUES
This is easy to do if you don't know too much. I didn't know too much, but I
boxed them in. You must play a little dumb. If you are arrested and you go
into court, just remember that in a criminal action, you have to understand
the law or it is a reversible error for the court to try you. If you don't
understand the law, they can't try you. In any traffic case or tax case you are
called into court and the judge reads the law and then:
Defendant: Well, Your Honor, it's not the letter of the law, but rather the
nature of the law that I don't understand. The Sixth Amendment of the
Constitution gives me the right to request the court to explain the nature of
any action against me, and upon my request, the court has the duty to
answer. I have a question about the nature of this action. Judge: Well, what is
that--what do you want to know? Always ask them some easy questions first,
as this establishes that they are answering....
Judge: No, I can assure you this court is not moving under the Common Law.
Defendant: Well, thank you, Your Honor, but now you make the charge
against me even more difficult to understand. The only other criminal
jurisdiction would apply only if there was an International Maritime Contract
involved, I was a party to it, it had been breached, and the court was
operating in an Admiralty Jurisdiction. I don't believe I have ever been under
any International Maritime contract, so I would deny that one exists. I would
have to demand that such a contract, if it does exist, be placed into evidence,
so that I may contest it. But surely, this court is not operating under an
Admiralty Jurisdiction. You just put the words in the judges mouth.
Judge: No, I can assure you, we're not operating under an Admiralty
Jurisdiction. We're not out in the ocean somewhere--we're right here in the
middle of the State of __(any state)___. No, this is not an Admiralty
Jurisdiction.
Defendant: Thank you Your Honor, but now I am more puzzled than ever. If
this charge is not under the Common Law, or under Admiralty--and those are
the only two criminal jurisdictions mentioned in the Constitution--what kind of
jurisdiction could this court be operating under?
There are no rules for Statutory Jurisdiction, so the judge will get very angry
at this point.
Judge: If you want answers to questions like that, get yourself a licensed
attorney. I'm not allowed to practice law from the bench.
Defendant: Oh, Your Honor, I don't think anyone would accuse you of
practicing law from the bench if you just answer a few questions to explain to
me nature of this action, so that I may defend myself.
Judge: I told you before, I am not going to answer any more questions. Do
you understand that? If you ask any more questions in regards to this, I'm
going to find you in contempt of court! Now if you can't afford a licensed
attorney, the court will provide you with one. But if you want those questions
answered, you must get yourself a licensed attorney.
Defendant: Thank you, Your Honor, but let me just see if I got this straight.
Has this court made a legal determination that it has authority to conduct a
criminal action against me, the accused, under a secret jurisdiction, the rules
of which are known only to this court and licensed attorneys, thereby denying
me the right to defend my own person?
He has no answer for that. The judge will probably postpone the case and
eventually just let it go. In this way, you can be as wise as a serpent and as
harmless as a dove, but you mustn't go into court with a chip on you shoulder
and as a wolf in -black sheep' country. Remember to go out as sheep in wolf
country, be wise as a serpent, and harmless as a dove. Sheep do not attack
wolves directly. Just be an innocent little lamb who just can't understand the
charge, and remember that they can't try you criminally if you don't
understand the charge. That would be automatically a reversible error on
appeal.
ASSURANCE
Under the Uniform Commercial Code, you have the right in any agreement, to
demand a guarantee of performance. So, don't go to them and say, -I want to
rescind my Social Security number,' or -I refuse to take it.' Just take it easy
and say, -I would be happy to get a Social Security number and enter into this
contract, but I have a little problem. How can I have assurance before I enter
into this contract that the purchasing power of the Federal Reserve Notes I
get back at the end of the contract will be as good as the ones that I pay in at
the beginning. They can't guarantee that, and you have a right under the
UCC to assurance of performance under the contract. So tell them, Well, I can
not enter this contract unless the government will guarantee to pay me at
the end of the contract with the same value Federal Reserve Notes that I'm
paying in. Both may be called Federal Reserve Notes, but you know that
these Federal Reserve Notes don't hold their value. I want assurance on this
contract that the Federal Reserve Notes that I get in my retirement will buy
as much as the ones that I'm giving you now in my working years.' They can't
make that guarantee. If they won't give you that guarantee, just say, -I'd be
glad to sign this, but if you can't guarantee performance under the contract,
I'm afraid I can not enter the contract. Now, did you refuse or did they refuse?
You can get the sections of the Uniform Commercial Code which grant the
right to have assurance that the contract you have entered will be fulfilled
properly--that the return will equal the investment, and you can reject the
contract using the Code. Using their own system of law, you can show that
they cannot make you get into a contract of that nature. Just approach them
innocently like a lamb. It is very important to be gentle and humble in all
dealings with the government or the courts--never raise your voice or show
anger. In the courtroom, always be polite, and build the judge up--call him
'Your Honor.' Give him all the 'honor' he wants. It does no good to be difficult,
but rather to be cooperative and ask questions in a way that leads the judge
to say the things which you need to have in the record.
IN CONCLUSION
The editor of this transcript has taken great liberties in putting this to paper
in a effort to make it readable and somewhat compact. He wishes to offer his
gratitude to Howard Freeman for the opportunity to work with information so
absolutely vital to our survival as dignified, unenslaved human beings. He
must also ask Mr. Freeman's forgiveness for any errors committed in getting
this in print. Its purpose, as stated in the Foreword, is to make this knowledge
and wisdom available to as many people as will take the time and trouble to
read it. This is meant to be supplemental to Mr. Freeman's recorded lectures,
not a substitute. Indeed, there is no substitute for hearing him present this
material in his own words. It is not just the law and the facts that are
important here, but the way they are used. His numerous reminders of Jesus'
commission to be -...like sheep among wolves...' cannot be overstated, and is
certainly good advice to us in all dealings--not just in court or with the
government. Hearing him explain this in his own words brings to life the
practical application and usefulness of being -wise' and -harmless.' In fact,
after being introduced to this approach, it becomes difficult to imagine that
any other way of defending oneself from the government would be effective.
It goes without saying that none of this information presented here is in any
way, shape or form offered as legal advice. For that, as you know, you must
-get yourself a licensed attorney.' Having said that, I feel obliged to point out
that one of the most difficult aspects of dealing with a licensed attorney--
even a good one--may be knowing just whose side he is on (he is, after all, an
officer of the court)! So for those of us who have concluded that having an
attorney means that you will soon be chained, gagged and lead to the
gallows, this information may be in-dispensable. For the extraordinary
challenges of appearing in court in one's own person--pro per--there are few
reliable sources of information. Learning to defend ourselves, that is, being
responsible instead of turning over one more area of our lives to
-professionals'--may be the only way to have any chance of digging ourselves
out of this pit of legal tyranny. Perhaps the greatest problem we face in
education today is the matter of widespread legal illiteracy. Naturally, there
will always be a number of people who just don't care about these issues who
either:
•have a soft life which is supported and maintained by this secret system
of law and the institutions which have grown up around it ('I can make
a bundle buying these IRS-seized homes cheap and reselling them'), or
•don't believe that anything can be done about it ('you can't fight city
hall'), or
•simply don't have the energy or inclination to do anything about it ('that's
nice, but let's see what's on TV').
For those good 'citizens' this whole effort may seem useless, or even
threatening. But it is this writer's view that God did not intend for us to spend
our lives in statutory slavery for the benefit of a handful of secret world
manipulators, even if the 'masters' grant us some token pleasures and
diversions. Human dignity requires much more than entertainment. The door
is there and the key exists; we must find it and we must use it to return to
freedom! Let us discover the mistakes we have made, let us find the truth, let
us apply it with meekness and wisdom and let us gently but firmly reclaim
the precious freedom which we have so foolishly given up.