Why I support creating the new state of Jefferson.

  WHY I SUPPORT THE NEW STATE OF JEFFERSON.  This map shows those counties in Northern California which have expressed a desire  to create a new State.      Mainstream media has been trying to foist the notion that those persons who want to create a new State out of parts of California and Oregon are gun toting rednecks who don’t have an intelligent bone in their body. Don’t be fooled. This nose in the air disdain for us normal people is the same type of crap the media originally used to write off Bernie and the Donald before we showed the media it doesn’t matter to us. Republicans and democrats scoff at the notion that California should be divided into two because they don’t want any disruption of their monopoly on power. But that monopoly must end. And we need new governmental entities which will support those constitutional principles the two party system has sacrificed over and over again for their own good and greed. I support the formation of the State of Jefferson because our federal government is not working for the people, i.e. us, in the ways our founders intended. Many have forgotten that our founders created a federal system of government so that we, the people, would be better protected from that type of abuse of power which is now rampant in the empire. The idea was that multiple republican governments inside one nation would protect the people. The goal was that each government would endeavor to protect their … Continue Reading

Reaching Planetary Consensus.

Reaching Planetary Consensus. A facebook friend, who appears to share many of the views I do, posted the following quote and picture: “Religion is regarded by the common people as true,by the wise as false,and by the rulers as useful”~Seneca There are many “religions.” Many sects of religions. I do not believe wisdom teaches us that they are false. They are one, of many modalities, by which communities (local, national, and planetary) reach consensus. In this regard, religions are not much different than nations, political parties, clubs, generations, and other peer groups. It is true that rulers find promoting differences between us as being in their own best interests because this keeps us, the people, divided… It stops us from focusing on them and their obscene greed as being the root cause of society’s problems. I am not a religious scholar. But I do know that religions are not the problem… They did not bring on the bankcrime or leaderscum which has left so many of us hopeless and without resources. We need to unite those local gardens of creative and spiritual consensus, which already exist, so that their members can do the the work in their community necessary to remove those who always put their own good ahead of what is most beneficial for the whole. If you doubt the moral similarities among religions (and there is no reason why you should not) then read a little about them. There is not one that exalts the money lenders our governments prostitute us … Continue Reading

Why I became a Libertarian in 2016.

  Why I became a Libertarian in 2016. I believe:  “[a]ll political power is inherent in the people, and governments derive their just powers from the consent of the governed, and are established to protect and maintain individual rights.” Individual rights are those which are bestowed on each of us by our creator, not privileges the government can franchise to corporations to sell to us for their own benefit. We, as people, have traveled the path of civilization to a point where freedom and economic wealth have become an intersection where most us must stop because we do not have the economic resources to exercise our most basic liberties. As a Libertarian I object to the government becoming an ally of the rich in enslaving people to debt which makes it impossible to exercise their freedoms. When our country was founded capitalism provided an adequate mechanism for most people to accumulate sufficient economic resources to enable them to exercise their personal liberties. Today, the crony capitalism promoted by the republican and democratic parties has created such disparity of wealth that only a few have access to those fundamental freedoms our forefathers took for granted. I cannot continue to support the two party tyranny which has created the greatest system of injustice the world has ever seen. No longer do we engage in debate over entitlement programs; we simply evict our vulnerable and let them die unknown on our streets. Of course, there are several third parties out there I could have … Continue Reading

WHY NON-JUDICIAL FORECLOSURE IS UNCONSTITUTIONAL.

Why Is Non-judicial Foreclosure “Unconstitutional”? I was asked to write an article about why Washington’s Deed of Trusts Act, which allows lenders to take homes without having to go through some Court process was unconstitutional. The person who asked me to do this wanted me to keep the article to 500 words and “not sound like a lawyer.” Unfortunately, I concluded that I could not sound like anything but a lawyer, because that is what I am. So I asked my paralegal, Michael Fasset (an Iraq veteran who has a knack for law and helps me with regard to my practice) to write an article for non-lawyers on why nonjudicial foreclosure is unconstitutional. Here is what he wrote. I will follow up in a few weeks with another blog which will sound like it was written by me about why the DTA is unconstitutional and should be repealed.   Introduction I have been asked by Scott Stafne to explain why non-judicial foreclosure is constitutionally unsound without resorting to legalese; I have, however, included some footnotes which will be more technically challenging for those without a legal background. I’ll start with a brief background on how non-judicial foreclosure came to Washington and how it has fared in the courts. I’ll then attempt to explain what it means for a law to be constitutional (because such things are decided by attorneys it’s not as clear cut as you might think). Finally I’ll explain why Washington’s Deeds of Trust Act’s, which I will … Continue Reading

LOVE is the universal force

LOVE is the universal force. I like social media because it helps me learn. That does not mean I accept everything I read there as being true. For example, I frequently see quotes attributed to people whom I presume never spoke or wrote them. This does not detract from my appreciation of the quote itself. This is the situation with the following letter purportedly written by Albert Einstein to a daughter. While it would be nice to believe that Einstein wrote this (given that his theories are being proved correct all the time) ot os not necessary for him to be the author in order for the message to be worth reflecting upon. So according to a Facebook post this is a letter, recently made public, that Albert Einstein wrote to his daughter, Lieseral: According to the post: In the late 1980s, Lieserl, the daughter of the famous genius, donated 1,400 letters, written by Einstein, to the Hebrew University, with orders not to publish their contents until two decades after his death. This is one of them, for Lieserl Einstein. [The letter reads:] “When I proposed the theory of relativity, very few understood me, and what I will reveal now to transmit to mankind will also collide with the misunderstanding and prejudice in the world. I ask you to guard the letters as long as necessary, years, decades, until society is advanced enough to accept what I will explain below. There is an extremely powerful force that, so far, science … Continue Reading

We should initiate this empire’s collapse politically now in 2016.

We should initiate this empire’s collapse politically now in 2016. I am on an Amtrak train riding back to Arlington, Washington from Portland, Oregon. I was in Portland from 9:00 am until 1:00 pm sharp deposing Chris Caldwell, a lawyer for 21st Mortgage servicing company. My client, Duncan Robertson, was with me. He’s become well trained in the law while fighting corrupt banks and servicers aspiring to steal his real estate in Washington State. After the deposition recessed because of the deponent’s schedule (I wanted to continue asking questions) Duncan dropped me off at Amtrak’s Union Station where I met with Kay, a concerned citizen in Oregon. We met there to discuss strategies with regard to restoring our representative republic by increasing the number of legislators responsible to the people. Kay and I discussed how the value of our votes and the votes of all Americans had been systematically  devalued by the 1929 Apportionment Act freezing the House of Representative at only 435 members, no matter how much the nation’s population grew thereafter. Many, including myself, believe this decision by the republican and democratic parties destroyed the electoral accountability our founders intended members of the House would have to the constituents within their districts.  By brazenly acting to facilitate their own best interests, the political powers have frustrated our founding fathers’ intentions that Congress would initiate the passage of laws and have final oversight of all government officials in each of the three branches  through its the exercise of its impeachment power. As Federalist Paper #49 observed the members … Continue Reading

Government salaries go up in Washington State

Government salaries go up in Washington State… Here’s how much. I wrote a blog last year suggesting Washington needs more people competing for judgeships. Since election day for judges is August 2, 2016 I want to explain why those lawyers who have not been able to find jobs or jobs they like should consider running for a judgeship. A judge’s pay is good. Real good and it is going up. If you get a job as a judge you can probably pay off your student debt before retirement. Another reason you should consider running for judge is because many of the judges currently in office are not young enough to appreciate their generation’s bias against debtors and in favor of the wealthy. If you doubt me on this, conduct an experiment. Go down to a superior court on a Friday and listen to a summary judgment calendar. I’m sure you will hear three or four foreclosure cases and see judges issue rulings which will be used to evict people, often the elderly or families with children, from their homes and onto the streets. Yes, go to a summary judgment calendar on Friday and you will see the slick, facile, sharply dressed mouthpieces for the hedge fund servicers roll over homeowners trying to represent themselves; who fumble with their argument under the impatient glare of a “let’s get this over with” judge. You will feel an entire courtroom devoid of empathy because of the “deadbeat debtor” stigma the older, most materialistic generation … Continue Reading

Happy New Year! Will we make 2016 be a year of change?

Happy New Year… WOW!!! 2015 has been quite the year. Can’t say I am sorry to see it end. My heart yearns for the hope that comes with a new beginning. January 1, 2016 is a beautiful day here in the foothills of the Cascade Mountains in Washington, State. It is chilly, but sunny. The sky is clear so I can see for miles. Of course, the beginning of a new year does not not erase history or the momentum of those events still in motion. But for as long as I can remember it has caused people to reflect about changes they want to make in their own lives. The lessons of the past are legion. But perhaps none is more significant than the impact of the power we have given a small number of people over the wellbeing of humanity. Doesn’t it seem to you that far too many of us are imprisoned by the chains of debt that will never be cancelled?  Does it make sense that we have allowed the pursuit of money to be the only purpose which will guarantee a person’s survival? Plants grow toward the sun in heaven. Has money become humanity’s sun? So what should be our collective New Year’s resolutions for 2016? Should we resolve to move toward ending the empire’s two party political system because it has failed to deliver that which it has promised us? Should we explore concepts of spirituality as a means of effecting political and economic … Continue Reading

Spiritual Warfare, December 25, 2015

Spiritual Warfare, December 25, 2015 Yesterday’s blog, The Eve of Spiritual Justice, reflected my judgments and beliefs. In this regard, I recognize, that it can be challenged. Indeed, one of those people I often turn to for criticism of my thoughts, emailed me back after reading it: Hi Scott: Strong, obviously “reaching conclusions.”  If you have facts to support in the blog then you surely have the right to state what those add up to.  If you are only presenting the conclusions – sort of like one of Shelley’s pro se pleadings – then you are overstepping, in my view, and you would do much better (and be more persuasive) to put the statements into questions, eliciting the reader to answer for themselves.  Then it’s their conclusion, not yours.   JUST GOT EMAIL FOR CHURCH SERVICE – I’M TO BE THERE AT 4:20 MUST GO – WILL LOOK AT THIS FURTHER LATER IF YOU WISH – SOME COMMENT BELOW   In a message dated 12/24/2015 2:24:31 P.M. Pacific Standard Time, scott@stafnelawfirm.com writes: The eve of spiritual justice is upon us. Is the eve of spirtual justice upon us? We, as a people, have reached a spiritual consensus that governments have failed to promote humanity’s best interests . Has coming to a spiritual consensus by “we the people” reached the tipping point – that governments have failed to promote humanity’s best interests . We intuit the governmental corruption that denigrates our value as people and seeks to enslave us to debt as a matter of our collective consciousness.   We know instinctively that now is the time for … Continue Reading

KING COUNTY OFFICIALS ARE GUILTY

Unfortunately, King County officials are a primary cause of Seattle’s homelessness problems and deaths. At least that was my conclusion after hearing the remarks (and having read the Audit) of nationally renowned auditor Marie McDonnell at the Seattle Mortgage Economic Reality (MERS) Summit at the Bethany Church last Sunday. King County’s land records have become corrupted as a result of the King County Sheriff and Prosecutor Office refusing to enforce Washington’s criminal laws against banks and hedge fund entities like Nationstar and Berkshire Hathaway. We, the people, need to do something about these public officials refusing to enforce the law against the wealthy 1%.We need to make Sheriffs and Prosecutors aware that we are watching them betray the public interest. Further, that we intend to hold them accountable for their betrayal of the people at the polls in 2016. So why does King County have land records and a recorder of deeds? Wikipedia explains the answer very simply: The legal certainty provided by a title deed issued under the registration of the recorder of deeds is of great significance to all parties who hold, or wish to acquire rights in real property. Certainty of title is the basis for the investment of massive amounts of money in real estate development for residential, commercial, industrial and agricultural use each year. This is why the meticulous recording of registration information by the recorder of deeds is so important. Each document recorded against title to real estate can be examined and the portion of the bundle of rights that it includes … Continue Reading

Above all I am GRATEFUL

I am grateful to be a part of a spiritual movement designed to take our country back from the stomach of the empire which has swallowed it. It is not always easy practicing law while fighting off the empire. You have to take your lumps. But difficulties are often the source of new beginnings. Certainly, this is not how I envisioned spending my sixties when I was in my twenties. The Vietnam War began in November, 1955 and ended twenty years later in 1975. It was the last real war in the sense that American youth were conscripted from the general population and made to fight in a war that many of us believed should not have been fought. (Now the empire employs mercenaries to fight its endless wars having figured out that the people would not tolerate their children coming home in coffins unless they were paid to put their young lives in danger.) I was 20 in 1970 studying in London when I wrote “The Nakedness of Love”. I found the poem recently when I rummaged through boxes of my past. Although the poem is somewhat dated with regard to sexuality issues that are now being resolved, the third scene dealing with our government and politics still rings true. Scene 3: Act 1: Ashes are only ashes; Day is only day. Darkness always comes. It does no good to pray. The curtains will only open, they will never close. Man will become naked and refute all he knows. On … Continue Reading

SEATTLE’S HOMELESS SHOULD BE VERY ANGRY

News article after news article, television reporters, and even the (see no evil) Seattle Times have reported recently that homelessness in Seattle is a full scale emergency. How did this happen? In 2012 it seemed Seattle’s city council really wanted to find out. The Seattle City Council solicited bids from land title experts to determine what was going on. After a careful vetting process the Seattle city council hired a nationally renowned land records expert with taxpayer dollars to find out. The taxpayer paid expert concluded that many of Seattle’s foreclosures were void as a result of corrupt corporations being allowed to record assignments containing false statements by King County officials who routinely failed to follow Washington’s recording and criminal statutes. But, of course, government officials implicated in creating the problem did not want to hear this or have anyone else learn of the expert’s conclusions. So what did the embarrassed public officials do?  They had one of their own demand the land title expert sign a confidentiality agreement to prevent her conclusions from ever seeing the light of day. But the land expert refused to sign the confidentiality agreement. The expert knew the conclusions in her report were accurate.  The expert wouldn’t sign any agreement that allowed the City to bury her report and not consider its forthright and honest conclusions. Meanwhile the City was getting zinged with public disclosure requests demanding the Seattle City Council release the report. So the City reluctantly released the report including the City’s own nonsensical 3 … Continue Reading

We need Full Spectrum Advocacy in 2016.

Full Spectrum Advocacy in 2016. The United States Constitution was devised to protect us, the people, from abuses of power by the federal government. Washington’s Constitution was written not only to protect individuals from our State government, but also from those corporations and elites which prey on the people to create and maintain their wealth. A primary means by which the authors of both the United States’ and Washington State’s Constitutions chose to protect us was by separating and arranging governmental branches and offices in such a way so that each might be a check on the other. Today, the wealthy have figured out a way around the check and balances enacted by our founders to ensure the inalienable rights of all individuals. Today, the wealthy simply purchase the government, lock, stock, and barrel. What looks like three cars is really only transportation for one; the person who owns all three cars. Similarly, wealthy corporations and people use their money to purchase the strings of government to manipulate the executive, legislative, and judicial branches of federal and state governments for their own benefit. They have become the puppeteers of each of the branches so that they can stage a tragi-comedy of government they expect us to take seriously because they have the money to get away with it. Our framers predicted tyranny would result if the checks and balances they created to protect us became corrupted. For example, Alexander Hamilton explained in Federalist Paper #78 that judges needed to be … Continue Reading

Stafne Trumbull is ending

Stafne Trumbull is ending… I am deeply grateful to each person who created the Stafne Trumbull law firm. By law firm standards, Stafne Trumbull died in its infancy. A young David fighting against the Goliaths of the twenty first century american empire. The firm’s success was remarkable; Its ending was inevitable. Writing blogs through sentiment is not as easy as creating those fueled by philosophy, reason, or anger. So I was lucky that Ethan, who is helping set up Stafne Law Firm’s new computer systems, came into my office and recited the poem “Nothing Gold Can Stay”. Nature’s first green is gold, Her hardest hue to hold. Her early leafs a flower; But only so an hour. Then leaf subsides to leaf. So Eden sank to grief, So dawn goes down to day. Nothing gold can stay. The words rolled out Ethan’s mouth much quicker than I could understand them. He said the poem was written by Robert Frost. So I googled “Roberts Frost Nature’s first green” and found this article. Serendipity, through Ethan, had guided me to the very words I needed to express. Thank you Josh, Shaina, Emily, Matt, LeeAnn, Ashley, Brian, Linda, Karrie, Stephanie, Ryan, Mitch, and Michael for your efforts in helping Stafne Trumbull make a difference in the lives of many of our neighbors. May each of you and your loved ones prosper. Here’s to the memories…    

Scott Stafne revisits his past and finds wisdom

Scott Stafne revisits his past and finds wisdom… Each memento comes with a soul weight that may overwhelm or be hidden from the moment in which it is revealed and recollected. The memories attached thereto are not only about me but the context of the society at that time… Sometimes we forget. It was as if I was being called to the boxes which stored my past. I really did not want to go there because my focus was on the present and how it could impact my future. But now that I am older I listen more to my callings. And so Saturday morning I opened the boxes and explored the various accumulations of a lifetime, including without limitation my birth certificate, draft card, poetry, plays, newspaper articles, and other mementos which had found their way into the boxes wedged into back of the pantry and the file boxes in my office. The first thing I noticed was that most of the papers were crinkled; some even appeared to have been snacked on. It is difficult to review mementos in the same way that I attack facts and documents when preparing to write a legal brief. Each memento comes with a soul weight that may overwhelm or be hidden from the moment in which it is revealed and recollected. The memories attached thereto are not only about me but the context of the society at that time. For example, on December 24, 2014 I wrote a blog entitled “Do we want police more devoted to one another … Continue Reading

Democrats role in the foreclosure crisis

Democrats role’ in the foreclosure crisis suggests neither major political party cares about the people. Did Democrat candidates keep their promises to act on behalf of the people and not the 1%? You be the judge. This is a campaign ad for Bob Ferguson, who is running for re-election as the Attorney General of Washington State. Ferguson is the guy with glasses standing in the middle of the group of four people, who look like homeowners. The promise just below this photograph states: “Bob will Protect Homeowners and Hold Banks Accountable”. Ferguson, like many Democrats empire wide, made the same claim last election cycle. He promised he would use his position as attorney general to protect homeowners. Did Democrat candidates keep their promises to act on behalf of the people? No. While Republican President George Bush bailed out the banks, it was Democratic President Barack Obama who followed up by allowing the banks to brazenly feast on people’s homes. It is the Democratic Party (the party which always claims to represent the interests of the people) which has been in charge of the greatest redistribution of wealth from the middle class to the rich in the history of the world. So after promising to help them protect their homes from banks, what did AG Ferguson do to fulfill that promise? Astonishingly, he brought foxes in to the hen house. AG Ferguson hired bank attorneys and paralegals to “protect consumers“. Was this an act of bad faith towards homeowners? In my judgment: YES. I frequently … Continue Reading

What is the Purpose of this Empire?

“Civil government, so far as it is instituted for the security of property, is in reality instituted for the defence of the rich against the poor, or of those who have some property against those who have none at all.” Our founders intended something different than a government which protects only the wealthy. America’s Constitution contemplates that “we the people” are sovereign. Further, that those governmental officials who act pursuant to the power of the people will act to protect the natural rights of all people. Last Sunday I was one of two attorneys who appeared as guest on a segment of Gary Dubin’s the Foreclosure Hour on Iheartradio. The common link which united me with longtime lawyer William Butler was that we were both being threatened by agents of the empire for representing homeowners against banks and servicers in courts. Here is a link to promotional materials about the broadcasts, which were entitled “Our Independent Judiciary Is No Longer Independent: Ten Ways in which our Courts are Denying Homeowners the Ability to Adequately Present the Merits of their Foreclosure Defense Cases.” One way which the empire supports the 1%, which Bill and I were appearing on the show to demonstrate, is by marginalizing those advocates of the people who dare sue banks on behalf of ordinary people. Both Bill and I practiced law for most of our lives without the slightest hint of a problem. It was only when our sense of justice caused us to stray from representing personal injury victims to … Continue Reading

HOW “DECORATION DAY” BECAME “MEMORIAL DAY” May 25, 2015

The practice of decorating soldiers’ graves is an ancient one. Reports and discussions describing the history of Memorial day in the United States suggests it evolved during and after the Civil War. The practice of devoting a day for decorating soldiers’ graves appears to have begun in the South; and was later copied in the North. There was no common agreement with regard to what day the soldiers should be honored. The practice of honoring soldiers killed by their countrymen in the Civil War war was not given a specific name and day until May 5, 1868 when General John A. Logan issued a proclamation calling for “Decoration Day” to be observed annually and nationwide. The call for local communities in the South and North to agree upon a common day for decorating the graves of all soldiers who died in the Civil War asked people to look beyond the reasons why the soldiers had fought that war in order to commemorate their deaths. “Memorial Day” was first used as a synonym for “Decoration Day” in 1882. But “Decoration Day” was not changed to “Memorial Day” officially  until 1967. Funny, that I do not recall the official name change. 1967 was the year I graduated from high school in Bettendorf, Iowa. The United States was in the midst of the Vietnam War. Maybe the reason I cannot remember is because we, the people, had already changed the name before the government got around to memorializing it. Did you know the … Continue Reading

COURT OF APPEALS DECISON BY JUDGE TRICKEY DOES NOT ADDRESS CONSTITUTIONAL ISSUES April 28, 2015

The United States Constitution is the Supreme law of the United States. Each of its fifty states also has its own constitution by which the government and officials of each state are governed. Under our traditions of government the meaning of the provisions of a constitution is determined by the judicial branch of government. Judges often interpret constitutional provisions differently. But most start their interpretation with the language of the constitution. I read an MSNBC article recently, which stated: Supreme Court Justice Antonin Scalia took the stage at Southern Methodist University Monday night and argued the Constitution is “not a living document” and is “dead, dead, dead.” Justice Scalia discussed how children would visit the Supreme Court and refer to the Constitution as a “living document” but that the Constitution is, in fact, “dead.” A staunch conservative and “textualist,” Scalia believes the law must be taken literally and that the original meaning of the Constitution is the best way to interpret it. Regardless of whether one believes that a constitution is a “dead” document or “living organic law”, it is axiomatic that its interpretation must begin with the exact language of the constitution focused by the historical context in which it was written. Unfortunately, for us in the State of Washington judges appear not inclined to consider constitutional language or historical context when construing the nature and extent of judicial responsibilities. Here is a decision by Judge Trickey of Division 1 of the Washington Court of Appeals (who ran unopposed … Continue Reading

“A nation conceived in liberty has become an empire dedicated to facilitating the debt of its people” April 17, 2015

For the past few days I have thought about the phrase “conceived in liberty”. At first I thought it might have been used in the Declaration of Independence. I checked out that document. It was not there. Then I thought the phrase might be part of the pledge of allegiance. I checked. It wasn’t there. Finally, I googled the phrase “conceived in liberty”. Turns out it was used by Abraham Lincoln in the first line of the Gettysburg Address. “Four score and seven years ago our fathers brought forth on this continent a new nation, conceived in liberty, and dedicated to the proposition that all men are created equal.” In his next sentence Lincoln states: “Now we are engaged in a great civil war, testing whether that nation, or any nation so conceived and so dedicated, can long endure.” Our country, so conceived and dedicated, survived the civil war. Unfortunately, it appears not to have survived the sociopaths in the Republican and Democratic parties, who continue to serve only the needs of those who can afford to make hefty campaign contributions. I went  to DePauw University, a small liberal arts college in Greencastle, Indiana from 1967 until 1971. I remember back then discussing in a classroom why liberty, without the economic resources to exercise it, was not freedom at all. The example which we discussed so many years ago was that a person’s right to travel was  meaningless if he could not afford to travel. While I mentally understood the … Continue Reading

Do Private Publishers of legal decisions attempt to manipulate the creation of precedent? April 3, 2015

I assume that in any line of work, there are work activities which are preferred more than others. I like writing briefs and taking depositions much more than I like defending depositions. On Tuesday I had to defend a deposition of a client against three lawyers, one of whom I consider particularly loathsome. As you might expect he represents Mortgage Electronic Systems a/k/a MERS, which I believe is designed to facilitate the redistribution of the wealth of America’s middle class to already wealthy elites. Now I want to make it clear that in this blog I am primarily stating my own observations and opinions pursuant to those rights I believe I have under the First Amendment. So now let’s return back to what happened at the deposition. At some point counsel for MERS made a point of stating that I had never won a motion against him.  I wondered what he was talking about because less than a couple of months ago my office, in a brief I participated in writing, had clearly prevailed against MERS with regard to a motion he had brought. A copy of that decision against MERS, in which he was lead counsel, can be found at: Knecht v Fidelity National Title Insurance Company. After his strategic and dishonest attempt at an insult , I leaned back in my chair and looked hard at the MERS attorney questioning the witness. I do not recall having any animosity toward him as that is not a good trait for … Continue Reading

My Oral Argument in OZ

I live on a mountaintop about an hour away from Seattle. I got out of bed instantly upon waking Friday morning, which occurred almost a half hour before my alarm was scheduled to sound.  I immediately showered and put on the suit I had picked out the night before to wear during oral argument at 10:00 a.m.. It was not even 7:00 a.m. and I found myself fully groomed.  I thought about whether I should just hang around for a while or leave.  “Better early, than late,” I reasoned and drove down the winding gravel road and out the gate. To my surprise, there were hardly any cars until just before the city limits.  I got to the Courthouse about 8:30 a.m. and hung out in the law library. I  knew I was going to lose this summary judgment motion.  Judge Linde had already dismissed my clients claims that the other defendants had not complied with Washington statutes while pursuing nonjudicial foreclosure proceedings. She had done this without affording my client (a borrower who simply wanted to insure he paid off the mortgage loan to the correct party) any opportunity to obtain discovery consistent with our court rules. This discovery ruling, holding a borrower was not entitled to discovery if s/he had knowledgeable foreclosure lawyer,  was a “first”; not only in Washington, but the United States. Up until Judge Linde’s discovery rulings, all litigants in Washington had the right to obtain pre-trial discovery consistent with the rules.  Why borrowers facing the financial … Continue Reading

HOW THE REPUBLIC OF THE UNITED STATES HAS BEEN CORRUPTED – PART FOUR (Federalism)

The Webster-Merriam Dictionary defines the verb “corrupt” to mean: : to cause (someone or something) to become dishonest, immoral, etc. : to change (something) so that it is less pure or valuable : to change (a book, computer file, etc.) from the correct or original form Upon ratification of the Constitution, the States entered the Union “with their sovereignty intact.”  Sovereignty means:  “a country’s independent authority and the right to govern itself.”  The United States Constitution divides authority between federal and state governments for the protection of individuals.  Indeed, a principal benefit of our federalist system is a check on abuses of government against the liberty and property of citizens.  The United States Constitution is a short document. Three of its seven articles are devoted to establishing the federal framework of our government.  The Tenth Amendment to the Constitution makes clear the purposes of our federal structure.  It states: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”  The powers afforded the federal government under the Constitution are defined and limited.  In contrast, the powers reserved to the several States were intended to “extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” J. Madison, The Federalist No. 45, pp. 292-293 (C. Rossiter ed. 1961).  “In the compound republic of America [both the federal and State republics] a … Continue Reading

HOW THE REPUBLIC OF THE UNITED STATES HAS BEEN CORRUPTED – PART THREE (Separation of Powers)

Does the Separation of Powers continue to provide the checks  and balances contemplated by our founders so as to protect this nation’s citizens from the federal government’s abuse of power? Are the powers of the federal government still separated? Has each branch of government simply been purchased by the wealthy, causing the branches to act together in a way our founding fathers would have found to be unacceptable? The Webster-Merriam Dictionary defines the verb “corrupt” to mean: : to cause (someone or something) to become dishonest, immoral, etc. : to change (something) so that it is less pure or valuable : to change (a book, computer file, etc.) from the correct or original form I read an interesting article sent to me by my law partner, Josh Trumbull.  It is  written by Y. Falkson and was posted on the zerohedge.com web site.  It is titled “The Purchase of our Republic”  The author suggests that each of the branches of our government has been purchased in such a way that the owners can orchestrate an abuse of federal governmental power to the detriment of the people.  In my view, the government’s support of entities like Freddie Mac, Fannie Mae, federal banks and servicers routine evictions of persons from their homes is an example of this abuse of power. Falkson makes his point and utilizes Constitutional history to support it: Acknowledging where we are as a country, it is often helpful to look to where we started for some perspective. Unsurprisingly, this type … Continue Reading