The UCC Connection: Free Yourself from Legal Tyranny (3/3)
ubik_heisenberg at freedom.net
ubik_heisenberg at freedom.net
Fri Mar 9 17:30:04 PST 2001
There is no harm in using the ZIP code, if you lawfully
identify your State. I found out that no State legislature has
met to lawfully change the abbreviation of the State from the old
abbreviation to the new. Therefore, if you do not use the lawful
abbreviation for your State, but use the shorter new
abbreviation, you have to use the ZIP code.
Look on page 11 of the ZIP Code Directory and it will tell
you that the first digit of your ZIP code is the federal region
in which you reside. If you use 'AZ' for Arizona, you cannot use
the State Constitution to protect you, because you did not
identify your State. You used the ZIP code, which identifies
which federal region you live in. And Congress may rule federal
regions directly, but it cannot rule the Citizens of any State.
Accommodation Party
Let's look at how the States have become the accommodation
party to the national debt. There are many people I have talked
to, including the Governor, who are very concerned about this,
and who know that it could happen very soon.
If America is declared a bankrupt nation, it will be a
national emergency. The Federal Emergency Management Agency will
take over, and anyone who opposes the new government of the
creditors can be sent to a detention camp in Alaska. We will
have no rights whatsoever. They have already set up prison camps
with work camps nearby so the people can be used for slave labor.
It could be the governors, legislators, and other leaders who
would be hauled away to Alaska, while the people now
disenfranchised from power would likely be chosen to run the new
government. This could all happen very soon, as the national
debt is so large as to be unpayable. Even the interest on the
debt is virtually unpayable.
As I explained, the national debt -- more than three
trillion dollars -- is not owed by the continental united
States. It is the federal United States that had authority to
borrow bank credit. When Congress worked for the continental
united States, it could only borrow gold or silver, so the
national debt was borrowed in the name of the federal United
States. The federal United States has been bankrupt since 1938,
but the federal United States had to trap the States into
assuming the debt obligation of the federal debt.
In the Uniform Commercial Code, we find the term
"accommodation party."6 How did the States become the
"accommodation party" to the federal debt? The federal
government, through our money system, made the States deal in
Federal Reserve Notes, which means that everything the States do
is "colorable." Under the "colorable" jurisdiction of the
Uniform Commercial Code, all of the States are the accommodation
party to the federal debt.
Now, the concern is to find how we can get out of this
situation. I told the Governor that, in the Common Law and the
Law of Merchants -- that's the International Law Merchant --
there is a term called no-interest contract. A no-interest
contract is void and unenforceable. What is a no-interest
contract?
No-Interest Contract
If I were to insure a house that did not belong to me, that
would be a no-interest contract. I would just want the house to
burn down. I would pay a small premium, perhaps a few hundred
dollars, and insure it for 80,000 dollars against fire. Then, I
would be waiting for it to burn so I could trade my small premium
for $80,000. Under the Common Law and under international law of
the Law Merchant, that is called a no-interest contract, and it
is void and unenforceable in any court.
Unconscionable Contracts
In the Uniform Commercial Code, no-interest contracts are
called unconscionable contracts. The section on unconscionable
contracts covers more than forty pages in the Anderson Code. The
federal United States has involved the States as the
accommodation party to the federal debt, and I believe we could
prove this to be an unconscionable contract. We should get some
litigation into the courts before the government declares a
national emergency, claiming that this State has no lawful
responsibility for the national debt (of the federal United
States), because it became an accommodation party to this debt
through an unconscionable contract. If we have this litigation
before the courts under International Law when the nation is
declared bankrupt, the creditors would have to settle this matter
first, and it would delay them. They would want the new
government to appear to be legitimate, so they could not just
move right in and take over the State, because it would be in an
International Court. This is very important at this time.
Questions and Review
Note: These are some of the questions asked after the main
lecture. Some are re-statements of material presented earlier,
but they contain very valuable information which is worth
repeating.
Courtroom Techniques
Question: How did you "box in" the Judge?
This is easy to do if you don't know too much. I didn't
know too much, but I boxed them in. You must play a little dumb.
If you are arrested and you go into court, just remember
that in a criminal action, you have to understand the law, or it
is a reversible error for the court to try you. If you don't
understand the law, they can't try you.
In any traffic case or tax case, you are called into court
and the judge reads the law and then asks, "Do you understand the
charges?"
Defendant: No, Your Honor. I do not.
Judge: Well, what's so difficult about that charge?
Either you drove the wrong way on a one-way street or
you didn't. You can only go one way on that street,
and if you go the other way, it's a fifty dollar fine.
What's so difficult about this that you don't
understand?
D: Well, Your Honor, it's not the letter of the law, but
rather the nature of the law that I don't understand.
The Sixth Amendment of the Constitution gives me the
right to request the court to explain the nature of any
action against me, and upon my request, the court has
the duty to answer. I have a question about the nature
of this action.
J: Well, what is that -- what do you want to know?
Always ask them some easy questions first, as this establishes
that they are answering. You ask:
D: Well, Your Honor, is this a Civil or a Criminal Action?
J: It is criminal. (If it were a civil action, there
could be no fine, so it has to be criminal.)
D: Thank you, Your Honor, for telling me that. Then the
record will show that this action against [your name]
is a criminal action, is that right?
J: Yes.
D: I would like to ask another question about this
criminal action. There are two criminal jurisdictions
mentioned in the Constitution: one is under the Common
Law, and the other deals with International Maritime
Contracts, under an Admiralty Jurisdiction. Equity is
civil, and you said this is a Criminal action, so it
seems it would have to be under either the Common Law,
or Maritime Law. But what puzzles me, Your Honor, is
that there is no corpus delecti here that gives this
court a jurisdiction over my person and property under
the Common Law. Therefore, it doesn't appear to me
that this court is moving under the Common Law.
J: No, I can assure you this court is not moving under the
Common Law.
D: Well, thank you, Your Honor, but now you make the
charge against me even more difficult to understand.
The only other criminal jurisdiction would apply only
if there were an International Maritime Contract
involved, I was a party to it, it had been breached,
and the court was operating in an Admiralty
Jurisdiction.
I don't believe I have ever been under any
International Maritime contract, so I would deny that
one exists. I would have to demand that such a
contract, if it does exist, be placed into evidence, so
that I may contest it. But surely, this court is not
operating under an Admiralty Jurisdiction.
You just put the words in the judge's mouth.
J: No. I can assure you, we're not operating under an
Admiralty Jurisdiction. We're not out in the ocean
somewhere -- we're right here in the middle of the
State of [any State]. No, this is not an Admiralty
Jurisdiction.
D: Thank you, Your Honor, but now I am more puzzled than
ever. If this charge is not under the Common Law, or
under Admiralty -- and those are the only two
criminal jurisdictions mentioned in the Constitution
-- what kind of jurisdiction could this court be
operating under?
J: It's Statutory Jurisdiction.
D: Oh, thank you, Your Honor. I'm glad you told me that.
But I have never heard of that jurisdiction. So, if I
have to defend under that, I would need to have the
Rules of Criminal Procedure for Statutory Jurisdiction.
Can you tell me where I might find those rules?
There are no rules for Statutory Jurisdiction, so the judge will
get very angry at this point and say:
J: If you want answers to questions like that, you get
yourself a licensed attorney. I'm not allowed to
practice law from the bench.
D: Oh, Your Honor, I don't think anyone would accuse you
of practicing law from the bench if you just answer a
few questions to explain to me the nature of this
action, so that I may defend myself.
J: I told you before, I am not going to answer any more
questions. Do you understand that? If you ask any
more questions in regards to this, I am going to find
you in contempt of court! Now, if you can't afford a
licensed attorney, the court will provide you with one.
But, if you want those questions answered, you must get
yourself a licensed attorney.
D: Thank you, Your Honor, but let me just see if I got
this straight.
Has this court made a legal determination that it has
authority to conduct a criminal action against me, the
accused, under a secret jurisdiction, the rules of
which are known only to this court and licensed
attorneys, thereby denying me the right to defend my
own person?
He has no answer for that. The judge will probably postpone the
case and eventually just let it go. In this way, you can be as
wise as a serpent and as harmless as a dove, but you must not go
into court with a chip on your shoulder and as a wolf in "black
sheep" country. Remember Jesus' words, "I send you out as sheep
in wolf country. Be as wise as a serpent, and as harmless as a
dove." Sheep do not attack wolves directly. Just be an innocent
little lamb who just can't understand the charge, and remember
-- they can't try you criminally if you don't understand the
charge. That would be automatically a reversible error on
appeal.
The Social Security Problem
If I were a young man, 18 or 20 years old and just starting
out in my first job, I would not want Social Security. With my
signature on the application I would write, "Without Prejudice
UCC 1-207," and I would reserve my Common Law rights. But, why
wouldn't I want Social Security today?
I got into the Social Security system in the 1930's, and I
paid into it dollars that had good purchasing power. Now, I'm
getting a promised return in Federal Reserve Notes which have
considerably less value. For example, in 1940, you could buy a
deluxe Chevrolet for 800 dollars. With today's Federal Reserve
Notes, that won't buy the rear fenders and trunk on a new
Chevrolet. If I were a young man, I would not want to put
Federal Reserve Notes into Social Security now, and get back
something later like the German mark after World War I -- when
it took a billion to buy a loaf of bread. They will give you
every Federal Reserve Note back that they promised you, but it
might not buy anything.
Assurance
Under the Uniform Commercial Code, you have the right, in
any agreement, to demand a guarantee of performance. So, don't
go to them and say, "I want to rescind my Social Security
number," or "I refuse to take it." Just take it easy and say, "I
would be happy to get a Social Security number and enter into
this contract, but I have a little problem. How can I have
assurance before I enter into this contract that the purchasing
power of the Federal Reserve Notes I get back at the end of the
contract will be as good as the ones that I pay in at the
beginning? They can't guarantee that, and you have a right under
the UCC to assurance of performance under the contract.
So, tell them, "Well, I cannot enter this contract unless
the government will guarantee to pay me at the end of the
contract with the same value Federal Reserve Notes that I'm
paying in. Both may be called Federal Reserve Notes, but you
know that these Federal Reserve Notes don't hold their value. I
want assurance on this contract that the Federal Reserve Notes
that I get in my retirement will buy as much as the ones that I'm
giving to you now in my working years." They can't make that
guarantee. If they won't give you that guarantee, just say, "I'd
be glad to sign this, but if you can't guarantee performance
under the contract, I'm afraid I cannot enter the contract.
Now, did you refuse or did they refuse? You can get the
sections of the Uniform Commercial Code which grant the right to
have assurance that the contract you have entered will be
fulfilled properly -- that the return will equal the
investment, and you can reject the contract using the Code.
Using their own system of law, you can show that they cannot make
you get into a contract of that nature. Just approach them
innocently like a lamb.
It is very important to be gentle and humble in all dealings
with the government and the courts -- never raise your voice or
show anger. In the courtroom, always be polite and build the
judge up -- call him "Your Honor." Give him all the "honor" he
wants. It does no good to be difficult, but rather be
cooperative and ask questions in a way that leads the judge to
say the things which you need to have in the record.
The Court Reporter
In many courts, there will be a regular court reporter. He
gets his job at the judge's pleasure, so he doesn't want to
displease the judge. The court reporter is sworn to give an
accurate transcript of every word that is spoken in the
courtroom. But, if the judge makes a slip of the tongue, he
turns to his court reporter and says, "I think you had better
leave that out of the transcript; just say I got a little too
far ahead of you, and you couldn't quite get everything in." So,
this will be missing from the transcript.
In one case, we brought a licensed court reporter with us
and the judge got very angry and said, "This court has a licensed
court reporter right here, and the record of this court is this
court reporter's record. No other court reporter's record means
anything to this court."
We responded with, "Of course, Your Honor, we're certainly
glad to use your regular court reporter. But, you know, Your
Honor, sometimes things move so fast that a court reporter gets a
little behind, and doesn't quite keep up with it all. Wouldn't
it be nice if we had another licensed court reporter in the
courtroom, just in case your court reporter got a little behind,
so that we could fill in from this other court reporter's data.
I'm sure, Your Honor, that you want an accurate transcript. (I
like to use the saying: give a bad dog a good name, and he'll
live up to it!) The judge went along with it, and from that
moment on, he was very careful of what he said.
These are little tricks to getting around in court. This is
how to be as wise as a serpent and as harmless as a dove when we
enter into a courtroom. There are others using the same
information presented here who end up in jail, handcuffed and hit
over the head, because they approach the situation with a chip on
their shoulder. They try to tell the judge what the law is and
that he is a no-good scoundrel and so on. Just be wise and
harmless.
UCC 1-207 Review
It is so important to know and understand the meaning of
"Without Prejudice UCC 1-207" in connection with your signature,
that we should go over this once more. It is very likely that a
judge will ask you what it means. So, please learn and
understand this carefully:
The use of "Without Prejudice UCC 1-207" in connection with
my signature indicates that I have reserved my Common Law
right not to be compelled to perform under any contract that
I did not enter into knowingly, voluntarily, and
intentionally.
And, furthermore, I do not accept the liability associated
with the compelled benefit of any unrevealed contract or
commercial agreement.
Once you state that, it is all the judge needs to hear. Under
the Common Law, a contract must be entered into knowingly,
voluntarily and intentionally by both parties, or it can be
declared void and unenforceable. You are claiming the right not
to be compelled to perform under any contract that you did not
enter into knowingly, voluntarily, and intentionally. And you do
not accept the liability associated with the compelled benefit of
any unrevealed contract or agreement.
The compelled benefit is the privilege to use Federal
Reserve Notes to discharge your debts with limited liability,
rather than to pay your debts with silver coins. It is a
compelled benefit, because there are no silver coins in
circulation. You have to eat and you can only buy food with the
medium of exchange provided by the government. You are not
allowed to print your own money, so you are compelled to use
theirs. This is the compelled benefit of an unrevealed
commercial agreement. If you have not made a valid, timely and
explicit reservation of your rights under UCC 1-207, and you
simply exercise this benefit rendered by government, you will be
obligated, under an implied agreement7, to obey every statute,
ordinance and regulation passed by government at all levels --
federal, State and local.
In Conclusion
The editor of this transcript has taken great liberties in
putting it to paper, in an effort to make it readable and
somewhat compact. He wishes to offer his gratitude to Howard
Freeman for the opportunity to work with information so
absolutely vital to our survival as dignified, unenslaved human
beings. He must also ask Mr. Freeman's forgiveness for any
errors committed in getting this in print.
The purpose of this transcript, as stated in the Foreword,
is to make this knowledge and wisdom available to as many people
as will take the time and trouble to read it. It is meant to be
supplemental to Mr. Freeman's recorded lectures, not a
substitute. Indeed, there is no substitute for hearing him
present this material in his own words. It is not just the law
and the facts that are important here, but the way they are used.
His numerous reminders of Jesus' commission to be "... like sheep
among wolves ..." cannot be overstated, and is certainly good
advice to us in all dealings -- not just in court or with the
government. Hearing him explain this in his own words brings to
life the practical application and usefulness of being "wise" and
"harmless." In fact, after being introduced to this approach, it
becomes difficult to imagine that any other way of defending
oneself from the government would be effective.
It goes without saying that none of this information
presented here is in any way, shape or form offered as legal
advice. For that, as you know, you must "get yourself a licensed
attorney."
Having said that, I feel obligated to point out that one of
the most difficult aspects of dealing with a licensed attorney
-- even a good one -- may be knowing just whose side he is on.
(He is, after all, an officer of the court!) So, for those of us
who have concluded that having an attorney means that you will
soon be chained, gagged and led to the gallows, this information
may be indispensable. For the extraordinary challenges of
appearing in court in one's own person -- in propria persona
-- there are few reliable sources of information. Learning to
defend ourselves, that is, being responsible instead of turning
over one more area of our lives to "professionals," may be the
only way to have any chance of digging ourselves out of this pit
of legal tyranny. Perhaps the greatest problem we face in
education today is the matter of widespread legal illiteracy.
Naturally, there will always be a number of people who just
don't care about these issues who either:
(1) have a soft life which is supported and maintained by
this secret system of law and the institutions which
have grown up around it ("I can make a bundle buying
these IRS-seized homes cheap and reselling them."), or
(2) don't believe that anything can be done about it ("You
can't fight city hall."), or
(3) simply don't have the energy or inclination to do
anything about it ("That's nice, but let's see what's
on TV.").
For those good "citizens," this whole effort may seem useless, or
even threatening. But, it is this writer's view that God did not
intend for us to spend our lives in statutory slavery for the
benefit of a handful of secret world manipulators, even if the
"masters" grant us some token pleasures and diversions. Human
dignity requires much more than entertainment. The door is there
and the key exists. We must find it and we must use it to return
to freedom!
Let us discover the mistakes we have made. Let us find
truth. Let us apply it with meekness and wisdom, and let us
gently but firmly reclaim the precious freedom which we have so
foolishly given up.
September 22, 1991
For More Information
I encourage anyone who is interested enough to read this far
to obtain a set of tapes of Howard Freeman and listen to them
carefully. A donation of $4.00 per tape would be appropriate.
This information was taken from tapes numbered 90-30, 90-31,
90-32 and 90-33, which may be ordered from:
America's Promise Ministries
c/o P. O. Box 157
Sandpoint, Idaho
Postal Zone 83864/TDC
(208) 265-5405
The next set of tapes (from 1991) are numbered 1004, 1005
and 1006, and contain vital material not found in this
transcript.
Footnotes:
1. Colorable. That which is in appearance only, and not in
reality, what it purports to be, hence counterfeit, feigned,
having the appearance of truth. Black's Law Dictionary,
Fifth Edition.
2. Actually, it is better to use a rubber stamp, because this
demonstrates that you had previously reserved your rights.
The simple fact that it takes several days or a week to
order and get a stamp, shows that you had reserved your
rights before signing the document.
3. Anderson, Uniform Commercial Code, Lawyers Cooperative
Publishing Company.
4. It is very important to get it into the record that you do
not understand the charges. With that in the record, the
court cannot move forward to judge the facts. This will be
covered later on page 19.
5. For more about this, see page 18.
6. UCC 3-415. "Accommodation Party." One who signs commercial
paper in any capacity for the purpose of lending his name to
another party to the instrument. Such a party is a surety."
(Surety: "One who undertakes to pay money or to do some
other act in the event that his principal fails therein.")
7. See UCC 1-201. General Definitions (3): "Agreement means
the bargain of the parties in fact as found in their
language or by implication from other circumstances
including courses, dealing or usage of trade or course of
performance."
# # #
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Howard Freeman
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