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Howard Griswold Conference CallThursday, October 11, 2012 Partial Howard Griswold Conference calls: conf call (talkshoe)

724-444-7444 95099# 1# (non-talkshoe members must use the 1# after the pin number) Thursdays at 8 p.m., Eastern Time. Talkshoe mutes the phone lines ******************************************** http://www.talkshoe.com/talkshoe/web/audioPop.jsp?episodeId=661654&cmd=apop ********************************** http://www.talkshoe.com/talkshoe/web/talkCast.jsp? masterId=95099&episodeId=665319&cmd=hrepi ************************** Howard's link for Thursday: http://www.talkshoe.com/talkshoe/web/talkCast.jsp? masterId=95099&episodeId=665319&cmd=hrepi Hosted by: Gemini Research Group Phone Number: (724) 444-7444 Call ID: 95099 Howard is the Guest Featured Speaker on Saturday at 6 p.m., Eastern Time at: http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=99043&cmd=tc Hosted by: :Mighty-Mo; Phone Number: (724) 444-7444 Call ID: 99043 ************************** Howard is listed on Angela's at : http://www.myprivateaudio.com/Guest-Speaker-Pages-Info.html http://www.myprivateaudio.com/Talkshoes.html **************************** Howard Griswold talks about contracts and the application of the law on the KMA Club. ***************************** http://geminiinvestmentsresearchgroup.wordpress.com/forms *************************** http://www.youtube.com/watch?v=d8IanYOTLI8 ******************************

Note: there is a hydrate water call 8 pm, Eastern Mondays, 218-844-3388 966771# Howards home number: 302-875-2653 (between 9:30, a.m, and 7:00, p.m.) Check out: www.escapeharrassment.com www.escape-tickets-IRS-court.org 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 hes on good terms with his wife he isnt likely to in the foreseeable future.) Donations are accepted. "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: notaxman@dmv.com 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, Everythingthe Myth and the Reality. Hell 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 ******************** I am not a public servant {officer or employee} and any claim to the contrary must be proved by payroll records and my alleged public servant {officer} title and sworn under penalty of perjury with full commercial liability for the person who swears to it. Im not an officer or agent or employee of the government. I am not resident within the government and any claim to the contrary must be proved by payroll records. Prove that Im being paid by the government to be a government employee. If you cant then your law doesnt apply to me. Government has all the right in the world to make laws and rules regulating itself. When they impose any of these rules and regulations beyond government upon any of us {private} theyre breaching their fiduciary duty {as public officers and trustees of government}. All employees of government are in a trustee position. The courts have said this emphatically Public means governmentprivate means non-government.

Your acceptance of anything that government offers you at any level in any way, shape or form is a consent to cooperate with them and to put yourself under their authority and control. Governments have all the authority, rights and duties to make all the laws necessary to regulate themselves. Their law, rules, regulations, codes and so-called statutes do not apply to the people outside of government. *************** It is a dishonest act of enforcing a law upon a private individual that government has no right, no power, no authority whatsoever to enforce upon the private individual. That is breach of their fiduciary duty with no stupid questions asked. When you file a breach of fiduciary duty case you are actually filing in equity. Leave out all statutory references even though that example that we send around came out of Colorado forms and it refers to a Colorado statutory representation that does put it in equity but it isnt necessary to quote any statutory reference in order to open the court of equity which is the Article 3 courts (unless youre a teacher or government worker or have contracted with the government with full disclosure, etc whereby youre not private anymore and youre resident within the government.) You got to party to government to enjoy governments benefits, privileges and opportunities. ******************** This defendant states that he is without knowledge sufficient to form a belief as to the correctness of the statement of the claim of the plaintiffs and he neither admits nor denies the allegations concerning the claims of the plaintiffs but demands the plaintiffs strictly prove their claim. *************************************** Theyll always say that we need the information from you. The burden of proof is upon the complaining party, not upon the defendant. That, again, is a violation of due process. **************************************** You didnt give me enough knowledge or information about what youre talking about to give you a responsive answer. *************************************** How can there possibly be a credit card when the law forbids the banks to lend credit? ************************************** Dont give them the facts that they want. Dont give them the answers to creates facts or even the appearance of facts that they want. The burden of evidence according to the law is upon the complaining party, not upon the defendant.

The defendant doesnt have to produce or admit to anything. *************************** Their own paperwork is your evidence to prove their dishonest act, have a copy of the statute, for instance, that shows what they were supposed to do which they didnt do or a copy of the rule that shows what they were supposed to do that they didnt do not that complicated for any of us to do. **************************************** The state of some name is the government. We have been so misled into thinking that we live in the state of something but when in fact the only time youre in the state of something is when youre employed as an officer or an employee of the state government or any of its political subdivisions. *************************************** Look it up in the states laws. Every state has laws on the procedure of how theyre supposed to do things, even the rules of filing a complaint. They can be found and those rules require things that are commonly left out of complaints. *************************************** The whole basis of appeal is based on whether or not due process was met and whether the judge erred in the due process. **************************** Resident means located at, an agent of or associated with the state government when you admit to being a resident of the state. When they make a claim that youre a resident of the state you can rebut that claim by an affidavit stating that you are not a resident of the state. You are not employed by the government and if they want to claim that you are all they have to do is come up with payroll records to prove it. Caution: The Department of Education is an agency of the State. Christian Walters (trusts) is on Mondays, Tuesdays and Saturdays at nine o'clock, Eastern Time. The number is 1-712-432-0075 and the pin is 149939# (9 pm EST). Wednesdays number is 1-724-444-7444 and the pin is 41875# (8 pm, Eastern) or tune in on Wednesday at Talkshoe.com at http://www.talkshoe.com/talkshoe/web/talkCast.jsp? masterId=41875&cmd=tc Often you can find a transcript or a partial one for the weeks call at the following website: http://groups.yahoo.com/group/peoplelookingforthetruth Howard approves or disapproves all postings to this yahoo group. Send potential posting to Howard. Note: questions to Howard are now submitted to Howard, preferably typed, to Gemini Research rather than fielded on the call live. It would be desirable to send a couple of bucks for mailing, copying and printing costs.

********************* Extra legal help is available from the firm, Ketchum, Dewey, Cheatham and Howe. ******************************************************************* **************************************** For reference: Jersey City v. Hague, 115 Atlantic Reporter 2nd, page 8 (A 2nd ) ********** Project for all: Howard needs information on how to write a complaint for breach of the trust. Hit the libraries! He would appreciate any research help. ***************************************************** Start ***************************************************** { 01:43:46.012} [Howard] Ralph Winterowd, some fantastic information that hes got there about the requirement of Congress statutorily for any agency to promulgate regulations and register them with the National Register in Washington, D.C. which theyre not doing. And the regulations that are written are, in fact, not registered and are just internal agency regulations regulating the agency itself and explaining to the agency what they have to do within the agency to maintain what the law said. But that law that was passed has to have and you got to go look at how Congress is supposed to make statues to find this out and I dont know if Mr. Winterowd has gone quite that far or not but the requirement of a statue is that it has to identify the agency and assign the authority to the agency to implement this law and within that law either the law itself has to identify its purpose, intent and to whom it applies. Now, it can be general but it cant be so general as to say, all persons. And if you look at most statutes thats what they say and all persons only applies to all persons in the agency that they give it to unless it specifically says, all persons who have a license to sell alcohol or all persons who operate a motor vehicle or all persons who have a license to sell tobacco products. It has to be specific. It cant just say all persons and when it does it hasnt been properly assigned to the agency for implementation. So what the agencies do is they sue in their own name. For instance, the IRS makes a complaint against you under United States v. You or The United States of America v. You, IRS, Department of the Treasury complaining that you didnt pay taxes. Well, what they are doing is acting as an assignee of an authority to collect taxes but where in the statutes were they assigned this authority to take you to court, to bring claims against you? Its not there. This is whats important. Mortgage foreclosures, where is the assignee document showing that, for instance, Wells Fargo Bank has any authority to collect this mortgage. Most likely you didnt make the mortgage with Wells Fargo Bank. And Im just picking on one name. It could be Bank of America. Most mortgages are made through mortgage brokers. The mortgage broker assigns the mortgage to the bank. The bank then becomes an assignee.

The state becomes an assignee of legislative acts to bring an action against somebody for violating a legislative act. When the lawyer brings a complaint in the name of the State and prosecutes it under the police department or the tax collection agency or whatever, whatever, whatever, whatever, any stupid agency, the zoning department, whatever thats all done under assignment. The legislature passes the law. Its the legislatures law. It has to be assigned to some agency. That agency can sue in its own law. Now, listen and listen closely, Title 10, Delaware Code, you can find this in the civil procedure code of any one of the states codes. Thats what this is. This is Courts and Judicial Procedure, Civil Procedure. Now, theres also another book on criminal procedure. But right now were just going to concentrate on civil procedure. Section 3902, Assignee Suing in His Own Name. A person to whom a contract expressed or implied has been transferred or assigned either in accordance with a statute. There you go, in accordance with a statute or with the common law may sue thereon in his own name. Now, listen to this, subnote and a case to back it up, an assignee cannot sue in his own name unless he can bring himself within one of the statutory provisions. Now, if he fails to express within the complaint his statutory provision then he has not established his right to sue in his own name whether its Wells Fargo or the State making an action against you under the assignment of a debt from a police officer writing a traffic ticket. Im going over an awful lot here and its going to take you people that want to get into this and study it and figure out how to defend your cases. A little bit of time, study your own codes in the state youre working in and figure this out but these are the comments under the section. I read the section to you. That was the end of it, that they may sue in their own name. The statute says they can but comments under it say that he cannot unless he can bring himself within one the statutory provisions that gives him the authority to do so. The assignees right to maintain an action in his own name on notes executed in another state relates to the remedy and is governed by the law of that forum, not the state that youre in. For instance, Bank of America, I think their home office is in Virginia. You live in any one of the other 49 states, you have a Bank of America socalled mortgage or at least Bank of America is the one carrying it right now and making an action to foreclose because youre in default on the payments. Well, it has to be done under Virginia law but under Virginia law it comes right back to you have to come up with a Virginia statutory provision for them to do it. If they dont have one then they cant proceed. Now, in a few minutes Im going to tell you how you do this by following the rules of court and why the rules of court are so important. But anyway, the next little article has a comment under this section says, An assignment of a partial interest. The section has no application where the assignment are not of a contract but are of a partial interest under a contract. Now, this is very interesting to find because this absolutely relates to the assignment of partial interest to the United States Treasury account under the capital-letterspelled name and social security number related to or associated with a particular individual who has a secured interest already registered properly in that social security number and that capital-letter-spelled name. They cant make an action of any kind against that partial interest assignment that is based on the contract of the secured interest. This is the reason why anybody who has followed our direction and not used some of this useless patriot shenanigans of writing promissory notes, accepted for value, promissory notes. What was the other big thing, a banking function that that guy out in California is in jail for promoting it all now?None of that stuff works because theres no law to back it up but there is law to back up an assignment. And our assignment that we do is covered by law

and it fits right under this section that an assignment of partial interest, none of this law is equitable to it. This is all important to understand that in most cases the actual action is being made against you by an assigned person. Either the agency has been assigned or has not been assigned. The police department is acting like they are the assignee but by law have not been assigned to do the functions that theyre doing. There is no statutory law that they can bring themselves within a provision of in order to execute the assignment of action that theyre doing, an action on a negotiable instrument of any kind is an action on a note or on a chosen action. A mortgage note, a traffic ticket are both chosen actions and theyre both negotiable instruments that are in action. Thats where they are negotiable. They can be moved and moved and moved. Thats where the term, chosen action, comes in and applies. They cannot assign these notes, especially not these book entry type notes, and thats all any of these things really are because theres no real money and because theres no real money everything is nothing but a book entry and they cant assign these book entries, negotiable instruments or chosen actions without having statutory authority to do it. Well, when they do this kind of stuff the real trick comes back to the rules of court and what can be done. Now, under that section and under Rule 17, interesting little rule, the real party in interestthats the name of this rule. The assignee is not the real party in interest so let me give you that part right off the bat. Now, an assignee can bring the action. The rule said so but only for a brief period of time before he is required to bring the real party in interest in. Let me read the rule. It says, every action shall be prosecuted in the name of the real party in interest. An executor, administrator, guardian, bailee, trustee of an expressed trust, a party in whose name a contract has been made for the benefit of another or a party authorized by statute may sue in his own name without joining with him the party for whose benefit the action is brought. And when the statute of the United States so provides an action fornow, this is federal rules as well as state rules because the state copied them from the federalbefore the use or benefit of another shall be brought in the name of it says here the United States of any other personno action shall be dismissed on the grounds that it is not prosecuted in the name of the real party in interestuntil a reasonable time has been allowed after the objection for ratification for commencement of the action. In other words, ratifying the real party in interest and bringing them into the action. If it isnt done in the beginning it has to be done sooner or laternot too late though but it doesnt have to be done at all if you dont object. Thats the meaning of that. It is not prosecuted in the name of the real party in interest until a reasonable time has been allowed after objectionsee, the rule requires you to objectan objection for ratification of commencement of the action by or joinder or substitution of the real party in interest and such ratification, joinder or substitution shall have the same effect as if the action had been commenced in the name of the real party in interest. See the trickery of this kind of stuff that lawyers put together? As long as you dont object we can do this with assignment and get away with it and theyre doing it and theyre getting away with it because we dont know enough to object. Now, under this section of the rules there is a cross reference and it says as to assignee suing in his own name see Section 3902 of Title 10, Delaware Code which is what I read to you first. Then it says, as to pleadings as capacity to sue or be sued see Civil Rule 9A. Alright so Im going to move the page back to Civil Rule 9A. 9A, this is Pleadings in Special Matters. A. Capacity. It is not necessary to allege the capacity of a party to sue or be sued or the authority of a party to sue or be sued in a representative capacityIn other words, the lawyer doesnt have to do itor the legal

existence of an organized association of persons such as the State that is made a party. When a party desires to raise an issue as to the legal existence of any party or the capacity of any party to sue or be sued or the authority of a party to sue or be sued in a representative capacity he shall do so by specific negative averment supported by an affidavit when required by Rule 8DD{?} which negative averment shall include such supporting particulars as are particularly within the pleaders knowledge. Now, these particulars are listed in Rule 9 b & c. Rule 9b is fraud, negligence, mistake, condition of mind{?}. In all avermentsnow, let me stop here for a minute and tell you what an averment is. An averment is nothing but a statement. It doesnt have to be called an averment. Theres no reason to call it a negative avermentthats a bunch of patriot hogwash. It is just a statement in a pleading. Alright, now, in a few minutes well get to what the pleading has to be, what rule you do the pleading under. But you supplement that rule with the information thats here in the Rule 9b and that is: in all averments of fraud, negligence or mistake or circumstances constituting fraud, negligence or mistake shall be stated with particularity, malice, intent, knowledge and other conditions of mind of a person may be averred generally. The negligence or fraud must be stated with particularity. The conditions that are precedent in a pleadingthis is Subsection Cin pleading the performance or occurrence of conditions that are precedent. It is sufficient to aver generally that all conditions precedent have been performed or have occurred. A denial of the performance or occurrence shall be made specifically and with particularity. Now, the first sentence is a general presumption that everything has been done correctly. If it hasnt been done correctly then you must deny the performance or occurrence and it must be done with specificity and particularity. Now, the purpose of Subsection B is to apprise the adversary of the act or omission by which it is alleged that the duty has been violated. They have a duty to do this under the statute. What have I been telling people for years? You got to look up the statute. You got to look up the wording of the statute and the dictionary definitions of that word. You got to look at the beginning of the chapter that that statue is written in and find out what it is intended to apply to and show that they didnt do it right. Thats exactly what this rule is talking aboutexactly. The primary purpose for a negative averment requirement in responsive pleadings is to place the opposing party on notice at the earliest practical stage in the litigation that the capacity is in question or is an issue before the court to be determined. If they didnt have capacity to do itnow, this comes right back to Mr. Winterowds explanation of these rules not being properly registered. Now, not only are they not properly in the United States, theyre not even properly registered in the states. I dont think Mr. Winterowd has the time in his life to go look it up in every one of the states to prove the same point and do it all for you. So, if you have a problem within the state its up to you to look it up in your state. But if its not done in the United States I can tell you that its not done in the states either because the states do the same thing the United States doesthey follow it. Anyway, you will find that there is fraud in the fabricating of the evidence and there is an article on that in here, one of the explanations. Fraud must be averred with particularity. But fraud in fabricating the evidence is while false testimony may in a loose sense be termed a fraud. Fraud in fabricating evidence is not in itself a defense to an action and an objection to the testimony as to such fabrication on the grounds thats fraud was not pleaded is an affirmative defense and is properly overruled by the court. So, your claim of fraud or fabrication of evidence has to be supported by particularity as it said in Rule {9}B. The affect under Rule 8 of the

Rules of Civil Procedure, the affect of a failure to deny something, an averment in a pleading in other words a statementin a pleading to which a responsive pleading is required other than those as to the amount of damages. Now, the amount of damages dont require a responsive pleading but the claim that you have a debt does require a responsive pleading, a debt of a traffic ticket, a debt of a property tax, an income tax, a debt to a bank under a mortgage, a debt under a credit card, anything like that that claims a debt is something requiring a responsive pleading. If you refuse to bother to plead, entirely refuse, theres going to be a default judgment issued against youyouve lost. Now, a lot of times our little stupid piece of paper that we put in the envelope and put their papers in the envelope and send it back to them it gets rid of them. They didnt properly notice you when it goes back with our stupid little statement that I inadvertently received these documents. I dont know what theyre all about so Im returning them to you. That does work sometimes but it doesnt work all the time. If they continue to pursue you and eventually serve you papers you better respond. Now, just because that works sometimes doesnt mean its going to work all the time. So you better respond. Averments in any pleading that they put into the court are considered to be admitted when they arent denied in a responsive pleading. So, I claim you owe me a debt; I dont even know who the hell you are but I found your name in a phone book so I just trumped this up, sent you a letter claiming you owe me a debt. Youre dumb enough to ignore it. You just threw it away. You dont know who I am so you just ignored it. Guess what? You just failed to deny. Now, I can go to court. I can put a claim into the court to collect that debt in a normal procedure for doing so. It doesnt matter who I am. I might be a bank. I might be a lawyer. I might be a government agency. I might not have any authority whatsoever to do this but it doesnt matter. Unless you object and deny I dont need any authority. I will get a default judgment against you claiming that that debt is due and owing now because you failed to deny. Do you understand how critical this is? You must deny. The effect of failure to deny is a complete loss of any claim thats in the court. Averments in a pleading to which a positive pleading is required or permitted shall be taken as denied or avoided if you file a denial and an objection. Now, remember in Rule 9A it made a reference to Rule 9 dd, allegations admitted unless denied by affidavit. Now, listen to this and listen carefully. The existence of a corporation or a partnership, the signatures on an instrument on which an action is brought and a copy of which is filed with the complaint in conformity with the statuteif they got a statutein a lot of cases they dontand the agency or an operator of a motor vehicle shall be in all cases shall in all cases be taken to be admitted unless the same is or are denied by affidavit served with the answer as provided by the rules and statutes. Failing to answer is devastatingits a total loss. Failing to answer and back the answer up with a affidavit denying what they claim amounts to a total loss. A vague or ambiguous complaint is remedied by a request for a more definite statement. That will put things off for a little while until you get a decent statement. You must object to whatever they finally state by affidavit. Many of the things that we taught over the years fall into these categories such as and most important, the claim says, and I dont care whether this is a bank debt collection type thing by some attorney or an agency of government claim that you didnt do something youre supposed to. You didnt mow your grass so were going to impose a fine and were going to court to collect the fine and get a judgment so we can sell your house to collect the fine. Any kind of a claim of a debt like that falls into these kinds of categories. You got a car sitting on your property that doesnt have a license tag and youre being

fined for itsame kind of situation. And over the years people have asked me, what do you do about this? And I said, well, deny it. Deny that they have any authority over it, its your private property. Well, we can go beyond that now because their statute does not identify what property that statute applies to. Its too vague, its general in its wording, it doesnt say that it applies to private property and it cant, thats why it wont. So being it doesnt they failed to place themselves under the statutory provision authorizing them to take the action. So, you follow the rules of court. You file a motion under Rule 12(b)(6), failed to state a claim upon relief can be granted because the statute doesnt authorize them. They have not shown that they fall under a statutory provision authorizing them to take such an action. Boy, this will really anger the hell out of both them and the judge and you back it up with an affidavit stating most important weve discussed this many, many times. They claim that you are resident of the State of Blank. There are fifty states. Any one of those names can fill in that blank and theyre after you because you live somewhere near the State but you dont work for it. The word, resident, means an agent but more important lets just take the common accepted definition, residence means where you live. You do not live in the State of Blank. You are not party to the State of Blank. The State of Blank means the government. The State is the State of the forum, the form of government youre not there unless, of course, you work for them. Weve gone over this many times in the past. The presumption is created in the complaint that you are within the State and because you are then all the States laws, rules and regulations can be applied to you until you object and deny. The objection has to be done by a motion showing that you object and stating that they failed to state a claim upon which relief can be granted because you are not a resident. That motion has to be backed up by an affidavit signed in front of a notary public and either sworn to or affirmed depending upon your silly religious approaches to those kinds of things that its true and correct. And it better be true and correct. You better not be a stupid school teacher that thinks you work for the Department of Education and thats not the government. Thats how stupid some of these school teachers are. They have no idea who they really work for. They actually think the Department of Education is an independent thingits not the state. No wonder our kids come out of school so stupid, look at the stupid people we have teaching them. Fire Department, police department, it doesnt matter if theyre private corporations and most of them are. They are still contracted with the government to do a government function for the government. That ties them with the government. They are contracted as employees and officers of the government. Those people cannot do this. They cannot declare that they are not resident in the state. But anyone who is not in any way associated with government functions of any kind can declare by an affidavit that they are not resident. That proves the burden of proof on them to come back and prove that you are. Now, if they continue to try then you just use the rules of discovery which Rule 17 in most rules books and its a very simple little thing. It just says that you have a right to ask questions. It limits the number of questions so dont think that youre a lawyer and you can write a 250-page brief and call it a brief because thats not a brief. The law requires that things be brief, concise and direct, concisely and directly. Ask them in discovery to come up with any evidence they have to prove that you are an employee or officer of the state by payroll records, by application for that job that is on file in the State records. Thats two little questionsthats all you needsimple as it can be. Ask them for the third question, perhaps, if they have any statutory authority that

directly implicates you to be covered by that statute as a private personanother way that they -- you really get them upset because they want authority over everybody and they want you to be dumb enough to think that they have authority and education has led us to that stupidness. But were beginning to learn our way out of education and overcome it and realize that we are not in the category of being a party to government and thus governments internal rules, laws and regulations do not apply to us. Now, this is not going to work if you have been arrested and charged with a criminal act of assault, murder, rape, robbery. These are common law crimes that the government has an absolute duty to impose upon an individual in order to protect the rest of the individuals in society and youre not going to get out of those kinds of claim unless you can prove that you werent the party, that you werent there at the time. This kind of an argument that were talking about right now does not apply to that kind of a situation. So dont get involved in those kinds of situations. Dont go around murdering people for profit. Dont rape little boys like that clown at the college was doing. He got 32 years this week from the court. I think the man is in his sixties and 32 years in jail, thats a life sentenceprobably what he deserves for raping little boys. Anyway, theyre the kinds of things you dont do in life or you should go to jail. Murder, robbery, rape, assault and battery, they are the laws that the government has a duty to enforceall these tax authorities and licensing authorities requirements that appear to attach to us. If you read them carefullylook at the statute and read it carefully. It says, all persons who operate a motor vehicle within the State of Blank. Well, wait a minute, who are people who operate a motor vehicle within the State of Blank? Lets just pick a state for instance. Pick on Maryland, I love picking on Maryland. Theyre the biggest bunch of morons I think Ive encountered in this whole country. The State of Maryland means the government of Maryland. Its located in Annapolis. It has outlying activities throughout the other counties around Maryland but those people who work for any of those agencies and activities that are owned and controlled and operated by the State of Maryland government are the people who would be required to have a license because they are operating a motor vehicle in the State of Maryland but only if theyre operating a State of Maryland owned vehicle. This gets a little bit touchy, doesnt it? It gets a little bit specific. The limited of authority of government is to control and regulate itself, its people that work for it and its own property. If youre going to drive a state-owned car that Stateowned car is in commerce for the state so it is a motor vehicle in commerce and you better have a license. Other than that as this brief that Dave was reading probably tells you from the court cases and the statutory statements that hes pointing out that are in there Ill bet you that hes covering the fact at least to the point that if you dont work for the state that youre not required to have a license. Beyond that if you dont work for the state and drive a state-owned car you dont need a license or a state-licensed car for commerce which would be a taxicab, a bus, or any kind of a truck that transports other peoples property for hire. That would be a licensed by the state carrier and if theres a license issued by the state for that carrier then it comes under being within the state and under the states laws and it can regulate the individual thats operating it and require them to have a license. But thats the limit of their authority. Motor vehiclesthe same thing applies to private land. The only way as we mentioned earlier that they can impose a property tax upon a private individuals private land is because some attorney told you that it has to be recorded and you didnt question it. You believed the little lying scum and he recorded it. And the fact is if you go look up the law in the law of property of the state code it says, all land in the

State of Blank must be recorded in the recorder of deeds office. What land is in the State of Blank? Certainly not your private land that you boughtthe land that the state bought to build state office buildings or state agencies would be in the State of Blank, not your private land. That law does not apply to private land and it cannot. The law is not allowed by the constitutional mandates to extend any of its law and its activities of taxation and regulation to private property. So it cannot extend to your private land and cannot require your private land to be recorded. But some lawyer told you it had to be because he lies and you didnt question it, you let it happen and its recorded. If you want to get out of the private property tax or the property tax on private propertyI should have said that more correctlyyou have to get that deed back out of their records, out of their recording to that land. The same thing applies to birth certificates. The only thing that the law related to births can apply to its corporations. It cannot apply to a natural child birth of people because the government is a corporation and the only thing a corporation can do is deal with other corporations and it can even extend the authority of operating as a corporation to individuals who request such an authority from the state. And on the date that that requested corporation is authorized that corporation is born and that birth has to be recorded in the states records as a corporation. A natural child from natural people does not fall under that statute. The wording does not cover people and any lawyer that will tell you that it does is lying to you. They only have authority over corporations so they can only register the birth of corporations. Joe Schmo Plumbing and Heating requested a corporation when its document in the records of the state. It is born, it must be registered with the Secretary of State, Corporation Division of the Secretary of State. Thats the only birth that can be registered with the state legitimately. Any birth registration of a child at any age including as old a fogy as I am was a fraudulent registration. Now, these are the kinds of things that you have to bring into your denial, in your affidavit and in your motion because you dont come under these authorities and any presumption that you do because of the presumption of a registration which was fraudulently done and received by the state is not legitimate and cannot be applied to me as a natural private person. I deny their authority because they cannot show a statutory provision in which they have authority to act against me in my private capacity. See how you put the affidavit together? Now, I hope everybody thats listening knows that these calls are recorded and can be downloaded on Talkshoe. Now, if you have a computer you should know how to get into Talkshoe and push the right buttons and follow the prompts and find your way through to particular dates and if this message tonight of Daves e-mails and the important stuff he was reading about some of this and my explanation of the rules and how you use some of the stuff that came out of those e-mails is important to you, you want to make a note of what date this is. Go back into the Talkshoe, download it. There are ways of getting the information off of there and re-recording it and then off of your recorder creating a way to print some of it out or transcribe it and some of the stuff we said tonight is critically important and you need if youre at all interested in doing something for yourself and protecting your liberty and your property from the scum of lawyers and law enforcement in this country then it would behoove you to make notes on this and to look into it in your state rules of court, your state statutes as I found them here in this one. As a matter of fact, I wouldnt have found the statute if I didnt look up the rules but the rule had a note that led me to the statute. Under the rule theres often statements like some of them that I read to you and they have court cases where the courts have ruled that these things can be done, cant be donecant be

done if they dont do this even though they could do it. All kinds of tricky little things are done and can be found and Im not sure that you can create an Indian nation or take an assumed existing Indian nation and try to associate yourself with it or any Kingdom of God or province of the divine province and think you can become a member of these newly created or old existing organizations without terminating all of the existing registration contracts that you have with the State of Blank or the United States. If you dont terminate those old ones theyre still there and youre going to be held liable to them. So theyre still going to make actions against you well when they do these sets of rules that I was just telling you about, Rule 9, Rule 8, Rule 12 and Rule 17 putting together how they work is critically important. Now, another rule that I found to be interesting Rule 11. Rule 11, its called signing of pleadings but its got a very interesting statement in it that I think clarifies something I bought up a week or two ago and that is I have been finding that lawyers are not making a notice of appearance and putting it in the docket record of the case and I thought sure they were supposed to because I read parts of the dictionary definition to you about the appearance of an attorney and the duty of the court recorder to put it in the docket. The docket is the list of actions that are done within a court action. The complaint itself, the answer to the complaint, the motion to dismiss, all those different functions that go on within a complaint, notices that are written into it, theyre all docketed in this sheet called the docking sheet or a docket sheet depending upon what court and what name they have for it. It may not be called the docketing sheet. It may be called the record of the case in some state courts, whatever they call it. Everything thats done is supposed to be done within that record. Now, Rule 11, mostly its about the signature, but notice its all about attorneys. Every pleading of a party represented by an attorney shall be signed by at least one attorney of record in his individual name whose address shall be stated. A party who is not represented by an attorney shall sign his pleadings and state his address except where otherwise specified provided by rule or statute. Pleadings need not be verified. They dont need to be verified but you better have a verified affidavit according to the rules we just read. But anyway, the pleading does not need to be verified or accompanied by an affidavit. Thats why lawyers get away with doing this stuff without affidavits. Anyway, the signature of an attorney constitutes a certificate by him that he has read the pleading that to the best of his knowledge and information and belief there is a good ground to support it and that it is not interposed for delay. If a pleading is not signed or is signed with intent to defeat the purpose of this rule it may be stricken as a sham or a false and the action may proceed as though the pleading had not been served. For a willful violation of this rule an attorney may be subjected to appropriate disciplinary action. Similar action may be taken if scandalous or indecent matter is inserted. An attorneythis does not apply to you. The only thing that does apply to you is the part that says that if youre not represented by an attorney then you shall sign the pleading and state your address. The rest of this thing is about the attorney or record. Now, this rule implies that the attorney must make a note by notice to the court clerk to put into the record that he is the attorney of recordhe, she, whatever, the firm, whatever must make this notice on the record that he or she is the attorney for a particular party. When they dont do thatand I said this last week and Im sure Im rightwhen they have not made themselves officially on the record they cant even speak in front of the court and they should be sanctioned. And if they signed something and put it into the court it was intended for delay or intended to be a sham pleading and they can be sanctioned for that. We need to object every time an

attorney goes into court and the docket sheet shows that they have not entered their appearance on the docket sheet with an official entry that everything that theyre doing is a sham pleading and that they should be sanctioned for this or at least ordered by the court to put the notice into the record that they are the attorney for the attorney for the party before they proceed any further. That will stop the proceeding for that day. I guarantee you that too will anger the judge but if you show him Rule 11 out of the rules of your states courts theres not much he can so because these rules do not apply to you and me. They are there for you and I to tell the court what we want done in accordance with the rules. And these rules are binding upon the court. It must abide by these rules, not you. Theyre not intended to apply to you. Theyre intended to be there for your benefit to use them to tell the court what you want done and why the other party hasnt done what theyre supposed to do. I just read those parts to you. You have a right to object when they have not presented their authority. Thats what the rules are there for and they should be studied more deeply than weve done and Im sure they can be. Some of these people are fantastic researchers better than me. I dont know how they find some of the stuff they find and some of these people are just bull-shitters. They dont read the rules, dont read the statutes, dont read anything aboutthey just come out of the seat of their pants with a line of bull crap and they promote it and they sound so damned good and it just sounds so easy. They trick the people into following it and the next thing you know some of these people are ending up in jailbe careful. If they dont tell you what the rule is, they dont tell you what the statute is, they dont tell you what court case says this, they dont prove what theyre saying, dont follow it. Theres too much deceptive crap out there like accepted for value. You go look in the Code and see if you can find anything on accepted for value. It aint there. There is some on promissory notes but if you read it carefully it has to do with the banks ability to negotiate a promissory note. A promissory note has no value whatsoever if it is not negotiated by the bank. So you cant write a promissory note and think its going to do you a bit of good unless you go to the bank and get them to execute on that promissory note and deposit it and create the funds from it and they wont do that unless you back it up with collateral of some kind so thats not the right approach either, is it? If being mislead by a lot of hogwash information by some of these people that know nothing about what theyre talking about because they dont read the rules but Im telling you that tonights little discussion, if you go look for the statutory authority that they have you will not find it. If you go look for the implementing regulations you will not find it. They dont have authority for 98% of what theyre doing. Now, about 2% of what they do they really do have authority. They actually do what the Constitution allows them to do and thats when its only for their own good. When its to trick you its done without authority because they dont have authority to deal with you, a private person in the first place and every bit of this sham of considering you to be a capital-letter-spelled name puts you in the appearance of being a corporation whether they want to admit that or not and the presumption that you are resident within the states government is another sham and based on those two shams they make all these claims against you and they cannot prove that they have statutory authority to impose this claim upon you. And all you have to do is write the affidavit and a motion to dismiss because they failed to state a claim upon which relief can be granted because, because, because, because of all these things we just talked about. And you repeat the same thing in the affidavit related to your situation and their inability to have the statutes within the case and get it notarized. Put a statement on it that says that you do affirm or swear to

all of the above to be true and correct. You put them in a positionthey cant go any further by doing this. But without the affidavit you have failed to deny. Putting a bunch of hogwash into a motion like lawyers do without an affidavit, is not sufficient. The reason why lawyers dont write affidavits is because the lawyer cant. They dont have first-hand knowledge. They cannot testify because they werent there. Theyve been brought in after the fact to represent somebody. The original party making the complaint has to bring the affidavit in and the original party has to show that they have a statutory provision giving them the authority to make such a complaint and they cant do that in most cases. So you see where were going with this? You can probably defeat almost every claim that is brought into the courts against the average American. Now, as far as people who work for the government, no, you cant use this, you cant defeat their claims because most of you people thato work for the government dont realize that you agreed to be in the government and to accept living under all their rules and regulations because the rules and regulations apply to the people and the property that is actually within the government. I hope Im clear about that. I dont want to lead people into trouble for writing such an affidavit when in fact theyre lying and dont use this foolish of its an affidavit of truth. Let me tell you something about an affidavit. An affidavit is a statement of true facts. The facts better be true and you state under penalty of perjury that they are true and youll go to jail for perjury if they arent. So dont bother to call it an affidavit of truth. Its just a plain ordinary affidavit but it damned sight better be truthful. If youre going to create any kind of lies or deceptions Id strongly suggest that you dont try that. Dont do it in an affidavit because if you get caught youre going to jail and theres nothing I can do to get you out. You put yourself in that position, you broke the law, you perjured yourself. That falls, believe it or not, under robbery, theft. Perjury is a statement that is not true that deceives somebody and leads them to separate themselves from property that they should be entitled to. So, it falls right into the category of theft and they do indeed have the authority to enforce that type of a statute to jail you for perjury. So dont play silly games. Dont tell lies. The lawyer do, but, see, the lawyers wont do it with an affidavit because they know they can go to jail. Sometimes theyll get an affidavit signed by somebody they call a robo signer, somebody who signs hundreds and hundreds of these affidavits for the benefits of the lawyers that theyre not the real party in interest. Theyre not real either and that can be proven. All you have to do is object to that affidavit because you have no proof from this party that they actually work for such-and-such a bank or such-and-such a government agency or whatever. You have no proof given within the affidavit and you have no proof that this individual was there at the time of the incident or the transaction and really does have firsthand knowledge because they didnt express that in the affidavitand they dont. And thats how you object to their affidavits and that proves that theyre just a robo-signer, theyre not the real party. The real party has to be there. I think it was Thomas Jefferson when he was president of the United States. He was the third president and he was president during and just after the War of 1812 and the English had done a lot of damage along the East Coast with cannon balls {The British used to range up and down Long Island Sound and fire cannon balls into houses along the Sound Cliffs. I understand that some of those cannon balls are still there. The British didnt always have it their way, however. The patriots met them with withering fire one day when the British were trying to land on the North Shore of Long Islandthey didnt land that day.} back in those days and from the ships just off the edge of the coast they were firing these cannon balls inland and

doing a lot of property damage and after they finally surrendered and gave up and ran away {The British left quite a few years after their defeat at Yorktown. They made a real nuisance of themselves to the Long Islanders in the meantime. Captain Hand sailed out of Sag Harbor later in the War of 1812 and did a real job on the British. Apparently, they had no love for the British. } in this so-called War of 1812. Thomas Jefferson tried to sue the English government for damages that was done by their naval and military forces that they had sent over here to peoples property and he did it in the World Court. The World Court existed back in those days. It wasnt in the form its in today but there was a court that was a court of international commerce and he took it there and they threw him out on his ear because you cannot sue for the benefit of someone else. You have to be the real party of interest making the suit. You have to be the injured party and be able to prove your injury. He couldnt prove an injury to himself. He was trying to show an injury to the American people and stand for them. You cant do that. Well, what do you think these lawyers coming into court bringing claims for the state are doingthe same damned thing. Wheres the state? Where was the injury to the state in, for instance, a speeding ticket? Wheres the injury to the state? Nobody got hurt. This is bogus crap but theyre getting away with it due to our ignorance. We dont know how to use the rules properly to bring an objection and an affidavit stating things that it doesntsuch as it doesnt apply to me. So, you see how important this little area is? This stuff has been in the rule books for years. Finally, my mind is beginning to get advanced far enough in the understanding of that language of law to recognize that these rules they provide a way for the sham lawyers to scam us and they provide right within the same rule a way for us to prevent it and have a remedy from their sham pleadings and it just wasnt very evident for yearsit just didnt jump out at me but Im finally, I guess Im learning enough of their ways to recognize how they write this stuff and see that the answer is right there. Its in the rules. We just got to follow the rules and use the rules to tell the court what we want done. Make them do it right, Judge. They didnt show that they have a statutory provision under which they can act to bring this claim and they dont show it. They show some code section that you violated or some code section that allows them to bring a civil action for foreclosure or some code section or collection of a debt or any of those kinds of things. Theyre found in the civil code. But thats not authorizing them to take the action. Thats just the authority of the court to hear such a case. Where is their authority to bring the action? They dont show it. They dont have a statutory provision assigning them as the one to handle this type of an actionbig difference between the authority of the court under the civil rules and the civil procedures books and their authority to bring the actionbig difference. And they use the civil procedure rules and beat us to a pulp because we dont know that they didnt have the authority to go into court and use those rules against us in the first place and we dont object to it. So, we have to learn to do that and its in these rules that I talked about tonight. Thats why its so important that although you heard me tonight that you go in and download this. You might even make your own disk of it and go over it and over it. Look at the rules. Listen to me again to what I said about it so that you know what to and go over the rule again and again and again and finally itll hit you like a ton of bricks. Youll say, now I know what to do in my case. Hey, this is going to be great. I can go into court and do something, instead of being scared to death. You dont have to be scared to death to go into court. You just have to understand how the rules work and which one you want to tell the court to use and the court has to follow the rulesthey are bound by them. Boy, Im

telling you, you talk about a breach of fiduciary case. If the court doesnt follow the rules once youve led them to it you got a good action against the court and that means the judge. The judge and the court are synonymous terms.

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