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Liberty Dollar Update IV

I put a motion into the civil forfeiture case over a year ago, but I was never served with the order that the court issued. The other day I opened a Pacer account and was looking for what the court ordered in the "warrant" case (which I've been reporting here,) and I found the order of the court in the "forfeiture" case.

I found that the judge basically denied my motion for the same reason he denied my motion for an order to show cause because he thinks it is frivolous that I am requesting a hearing in the matter. These denials tell me that they do not wish to hear anything that I have to say or give me any remedy through the federal courts.

My conclusion is that I have no remedy in the federal court, which makes sense if one views the Constitution as a separate court from the federal or appellate authority. Instead, remedy should lie in the judicial power, which is the Article III Court designated in the Constitution.

It's becoming clear that maybe I should inform the people at the Liberty Dollar about my little "investigation by filing", because they may be able to learn some things from the orders the judge has written in regard to my motions. I'll keep you posted.

Liberty Dollar Update III

I said I would let everyone know about the progress of my little escapade regarding the "Liberty Dollar" in the federal court of North Carolina. I asked the Federal Court to reconsider my motion to quash and the Magistrate came back with "it is well settled law...."

I decided, due to the situation in this particular case, that I would take a totally different approach to getting heard. I have already began the process, but it may take a little time since I'm not an expert in this kind of stuff.... at least not self-appointed.

I think the main point to remember here is that I'm basically trying to get a hearing which I believe I have a right to (see the Fifth Amendment). At this point it doesn't matter if I can win the case or not, but I won't be able to find out unless I get a hearing. So we are boiling this process down to the Right to he heard. That Right is in the First Amendment where it says, "... to petition the government for a redress of grievances."

Most people misunderstand the 'petition' process, and think that it goes to Congress or the federal government, when this is the general idea, the specific process of 'petition' for purposes of obtaining a remedy, is "a formal application to a court requesting judicial action on a certain matter." If you read the next paragraph for the definition of petition in Black's Law, you just might come to the realization that this process may very well be the remedy we have been looking for all this time.

Liberty Dollar Update II

As mentioned in the previous Liberty Dollar Update, the U.S Attorney alleged that I did not have "standing" to challenge the Seizure of the property. In the Order denying my motion, the Magistrate pointed out that I did claim an interest in the property, however he noticed that I did not say that I expected a privacy right at the location where the Warrants were served. I still haven't figured out why he would interject a "privacy right" where no right was needed or available. He denied the motion with prejudice, which means no trying again on that, and he commented that he didn't like my use of such "harsh words" when I gave my "opinion" of the officers investigation.

Although it appears that I have been precluded from proceeding in this particular matter and the Magistrate advises me to pay close attention to the Forfeiture and Criminal cases, I still have a few options that I believe may give a remedy. I'll be working on this for the next couple weeks and will keep everyone posted with the results. It not over yet!

Liberty Dollar Update

Back in November of 2007 the F.B.I. raided four locations belonging to the Liberty Dollar around the country and seized thousands of pounds of copper, thousands of ounces of silver, and many ounces of gold, plus a quarter million dollars in cash. The 'feds' then began a civil forfeiture action in 2008 and a criminal action in 2009. They proceeded to 'bury' the criminal defendants with 1.5 million documents to force the defense to waive the speedy trial rule and take many months to sift through the paperwork in order to create a defense.

On April 15, 2010 I sent into the federal court in North Carolina a motion to quash the four warrants that were issued against the Liberty Dollar back in November of 2007. The court unsealed the case and gave the United States ten (10) days to respond to my motion. Last Monday the attorney for the U.S. sent over his response requesting the court deny my motion. Thursday morning (4-28-10) the Court received my reply to the U.S.'s response and we are now waiting for the ruling. As soon as I hear, I will let everyone know.

Government Control

When J.P. Morgan and his buddies were attempting to take control of the American Government during the late 1800's they ran into a major problem. The Constitution was directly in their path to extend their power.

They had to take control of each branch of government separately and control them to their own ends. Congress and the Presidency were easy by way of controlling the voting or counting of votes. The Judicial Power was a tougher problem. This required precise cases set up to go to the Supreme Court and distinguish Constitutional law from Contract or Commercial law.

Continue reading Government Control.

Who Has Rights?

Constitutional rights are not civil rights. Constitutional rights are tried, heard, and defended at the "agency" or administrative level.

Civil rights violations are filed in a judicial court and not in the administrative court. The facts that constitute a "rights" violation must be determined at the administrative level before any court of law may take jurisdiction. There must be a set of facts that are sufficient to constitute a violation of one's rights and the agent's supervisor or commissioner must agree that those facts occurred or failed to occur before a case can be heard or continued in a Judicial Court.

Continue reading Who Has Rights?.

Lies

The government will lie to you. Government agents will lie to you.

This is said not to just call them liars, it's to make you aware that they are out to mislead you and that they do not have your best interest in mind.

If you feel government has anything to offer; jobs, healthcare, or any good or service that will benefit you, then you do not understand what I mean when I say that they are liars.

Continue reading Lies.

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