-------- Original Message --------
Subject: Re: Pleading or Venting? I'm not sure which.
Date: Sun, 21 Jun 2009 13:02:18 -0500
From: Larry Becraft <[email protected]>
To: Jeffrey A. Dickstein <[email protected]>
Tom and others,
My conclusion regarding legal issues being raised in court is that
todays judges are 100% results oriented, and that orientation is
always in favor of the govt and increasing its power. This very
practical conclusion is a matter I have learned from personal
experiences, some of which I recount below.
I was the first lawyer to raise the issue of the non-ratification of the
16th amendment; when you analyze all the cases relevant to this issue,
it is correct. Yet, the courts wrongly held it to be a political issue
they could not address. To make matters worse, the govt sued Bill Benson
for violating §6700, to which Bill responded with the absolute truth
when presented with the govts SJ motion. Bills answer to SJ was struck
as scandalous, etc, and all of this was recently upheld by the 7th
circuit!!!! Jeffs briefs were brilliant, but when you step back and
review all that happened in Bills case, including Jeffs actions at
oral arguments, there is but one conclusion: the judges moon us, and
they stick their arms thru their legs and shoot us the bird!!!
Back in the mid-80s, Bill and I educated this movement about fed
jurisdiction via 1-8-17 of the Constitution; Bill re-published that 1957
govt report on the issue and widely distributed it. I read at least 1500
cases on the issue and summarized at least 500 of them, and that
research is posted on my website. But when I raised the issue, I was
sanctioned, and Jeff suffered the same with his litigation of the issue.
I have continued further research on the issue since and reached the
conclusion that it is solid, yet I know that trying to litigate it again
would be, in Jeffs words, casting pearls before swine.
Back in 80s and early 90s, Jeff, I, and other attorneys litigated the
PRA, APA and countless other issues, and even tho we were legally
correct, we got slammed by the courts. When Smith and Hatch were decided
by the 9th circuit, we hotly pursued the PRA issue, which was destroyed
by decisions of the courts. Read the 9th circuit decisions regarding our
litigation of the PRA back almost 20 years ago. Those opinions are
essentially garbage and utterly incorrect. But being right as we were
means nothing. The other side has power.
Let me end with a recent foray where I jousted at the windmills. I
raised the APA/exemption amount issue in Tom Claytons case tried in
Austin before Judge Sparks. I spent hundreds of hours researching for
the purpose of cataloging all relevant decisions about that issue and it
is rock solid. About Sept. 5, 2008, we had orals in front of the 5th
circuit panel in that case, and even tho New Orleans is very hot and
muggy at that time of year, the courtroom was like ice. I got a
reception just like Jeff did when arguing before the 7th in Bills appeal.
Experience has proven to me that the judges are really legally trained
politicians on the bench. Their concern is upholding federal power: they
intend to rule us.
Of the issues promoted by the freedom movement, I have concluded that
the last time a court rendered a favorable decision on these issues was
when Chief Justice Chase, who promoted the legal tender acts of the
civil war era, ruled that his own actions were unconstitutional in
Hepburn v. Griswold, 75 U.S. 603, 625 (1870). However, that victory was
short-lived because of the reversal that followed in Knox v. Lee.
I agree with Jeffs observations.
Larry
Jeffrey A. Dickstein wrote:
> Tommy,
> It has nothing to do with the lawyer having big enough balls to raise
> the issues in court.
> The problem is with the American people who have been molded for years
> with the careful plan of the power elite.
> Beginning in the late 80s I started putting out the message; don't
> sacrifice yourself by not filing; raise money, hire a good PR firm,
> and find talented technical people, all designed to win the mind game.
> The so called patriots didn't like the message then, and don't like
> the message any better now.
> And nothing has changed; it has only gotten worse.
> Dickstein
>
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