Research for Parts 3 & 4 of The Evolution of Debt Slavery in Modern Times

Research for Parts 3 and 4 of The Evolution of Debt Slavery In Modern Times   HYPOTHESIS: Federal Judicial Department has consistently favored wealthy and privileged.   Dahlia Lathwick, “This Court Erred: The Supreme Court has almost always sided with the wealthy, the privileged, and the powerful, a new book argues” Slate (September 30, 2014) reviewing 2014 book by Constitutional Law Professor Erwin Chemerinsky, The Case Against the Supreme Court     Mark Galanter, “Why the ‘Haves’ Come Out Ahead: Speculations on the Limits of Legal Change” Originally printed in Volume 9:1 Law and Sciety Review, 1974. Reprinted (with corrections) in R. Cotterrel (ed.) Law and Society, Altershot, Dartmouth, 1994, pp 165-230   ARTICLE:”Do the “Haves” Come Out Ahead over Time? Applying Galanter’s Framework to Decisions of the U.S. Courts of Appeals, 1925-1988”, 33 Law & Soc’y Rev. 811 (1999) https://advance.lexis.com/document/?pdmfid=1000516&crid=7bdcb108-b4c3-4fb9-b915-53f24da35294&pddocfullpath=%2Fshared%2Fdocument%2Fanalytical-materials%2Furn%3AcontentItem%3A417N-6260-00B1-909P-00000-00&pddocid=urn%3AcontentItem%3A417N-6260-00B1-909P-00000-00&pdcontentcomponentid=222560&pdteaserkey=sr12&ecomp=m4ntk&earg=sr12&prid=3920560a-63f7-43f9-8f5c-5dd6e1570fe2#   This investigation examines the success of various types of litigants appearing before the U.S. Courts of Appeals from 1925 to 1988. The analysis parallels the earlier studies by Songer and Sheehan (1992) and Wheeler et al. (1987) that applied the core concepts introduced by Galanter’s groundbreaking analysis of why the “haves” come out ahead to study litigant success on the U.S. Courts of Appeals and state courts of last resort. The findings suggest that repeat player litigants with substantial organizational strength (“haves“) are much more likely to win in the federal courts of appeals than one-shot litigants with fewer resources. The “haves” win more frequently in published decisions, … Continue Reading

CFR v Alexander Padilla, the California Secretary of State

      Gary Zerman, Michael Warnken, and I have been working on a First Amended Complaint (FAC) in the case of CFR v Alexander Padilla, the California Secretary of State, US District Court for the Eastern District for California Case No. 2:17-cv-00973-KJM-CMK. It likely is the most interesting (and important) case of my legal career. CFR v Padilla challenges whether California’s practices of refusing to increase the number of its legislators to accommodate its dramatic growth in population since the late 1800s has caused its government to become an oligarchy which fails to constitutionally represent California’s 40,000,000 people. Certainly, this is an interesting topic for 21st America, where 120 people in California claim they can adequately represent the interests of the 40,000,000 people who live in that State. The New York Times mentioned the case in an article written by Thomas Fuller titled “California’s Far North Deplores ‘Tyranny’ of the Urban Majority”, (July 2, 2017). For some reason, the author seemed to think that because some plaintiffs lived in Northern, California this case was about rural Northern Californians attacking the people who lived in urban LA. This seemed a strange analysis. The original complaint clearly sought to increase representation for everybody. CFR’s point was one Senator representing a million people anywhere in California was not adequate representation. Why more representation? Why not have enough Senators and Assembly Members elected to office as is necessary to really represent the diverse peoples and communities of California? Breitbart’s take on the litigation was pretty much the … Continue Reading

BETTER TO HAVE ADA ADVOCATE THAN LAWYER IN STATE COURTS

BETTER TO HAVE ADA ADVOCATE THAN LAWYER IN STATE COURTS.                                   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. Blacks Law dictionary defines the term “adversary system” to mean: A procedural system, such as the Anglo-American system, involving active and unhindered parties competing with one another to each put forth a case before a case before an independent decision-maker. Throughout most of America’s history we, as a people, have relied upon the adversary system, trial by jury, and the evolution of the common law, i.e. precedent, as the primary means by which justice can be achieved through our judicial system. These three aspects of America’s legal adversary system worked well enough until mid-twentieth century to make it appear that obtaining justice with regard to fairly resolving the disputes of most people and businesses in the United States was possible. But today the cat is out of the bag. For all practical purposes trial by a jury of one’s peers almost never occurs in the United States any more. Thus, the most basic check on the powers of arbitrary judicial officials is now essentially gone. See syllabus below. The assurance that United States judges will apply the law fairly and … Continue Reading

WHY DO AMERICANS CELEBRATE INDEPENDENCE DAY ON JULY 4th INSTEAD OF JULY 2nd?

WHY DO AMERICANS CELEBRATE INDEPENDENCE DAY ON JULY 4th INSTEAD OF JULY 2nd? This particular blog has an interesting evolution that suggests to me a spiritual synchronicity because the research it caused me to do is instructive with regards to several cases which I am currently working on. Let me explain. In late September, 2016 I was contacted by someone from Facebook about doing an interview on Press TV about the Wells Fargo scandal, which ultimately caused its CEO John Stumpf to resign in October, 2016. I am sure many of you remember the scandal. Wells Fargo had instructed many of its employees to fraudulently create new accounts for millions of its customers. Wells Fargo then dinged these customers for fees related to the fraudulent accounts, which came directly out of the money the customers had deposited in their personal accounts with Wells Fargo. Given that most of us live paycheck to paycheck, think about the number of overdraft fees this fraud generated for Wells Fargo and how much it impacted  customers, Like you and me. Although the employees crimes were apparent, prosecutors apparently looked the other way because a bank was paying its employees to break the law. It is pretty obvious by now that this nation’s prosecutors and courts believe banks are above the law. The person who asked me to appear on the show ECONOMIC DIVIDE indicated that she was a student at Azad University, and was doing an internship with Press TV. After checking out the show, … Continue Reading

THE EVOLUTION OF DEBT SLAVERY IN MODERN TIMES – Part 2

THE EVOLUTION OF DEBT SLAVERY IN MODERN TIMES  – Part 2 Part 1 briefly explained the origins of modern day debt slavery in the United States. Middle class wealth was a phenomena of Twentieth Century America. It resulted from those  people who performed labor and services being paid a fair split of the profits generated by a manufacturing and services economy. At some point the wealthy elites (including those which financed governments) focused on the American middle class as a source of revenue and a means by which to gain more power. Indeed, the wealthy elites and those who represented them in government devised a plan to rob America’s middle class of its wealth in exchange for loans which would be necessary to maintain that class’ lifestyle until its demise was certain to occur. Government reduced the value of the labor performed by the middle class by exporting jobs overseas to impoverished peoples, who would accept much less than the trade unions had negotiated as being necessary for workers to live fairly in their local communities. At the same time, the elite’s money lenders ameliorated the effect of the loss of worker’s wealth by my making cheap loans available to them for a couple of decades. This was a small price to pay for these hard money lenders conversion of America’s manufacturing and servicing economy into a debt based economy, that ultimately benefited from the destruction of the independence of America’s middle class by foreclosing on their assets. Recently, as I noted in … Continue Reading

THE EVOLUTION OF DEBT SLAVERY IN MODERN TIMES – part one

I remember seeing my great uncle Edward C. Stafne for the last time at a party given by my cousin Anne Louise Hawkes in Redmond, Washington. I was in my late twenties. Uncle Edward was in his seventies. I had seen Uncle Ed on and off growing up when Mom, Dad, my brother Todd, and I would take road trips from Bettendorf, Iowa to visit my parents’ parents (Todd and my grandparents) in Minneapolis, Minnesota. Uncle Ed and his wife, and their son Eric Stafne lived in Rochester, Minnesota which was on the way to Minneapolis. Edward Stafne worked at the Mayo Clinic as an oral surgeon. Family lore and a newspaper article I once read stated that Uncle Ed gave a memorial address for each of the Mayo brothers at their funerals. Ed was the oral surgeon who in 1942 discovered a mandibular defect (indentation in the jaw) which now bears our family name, i.e. “the Stafne Defect.” (Click the translate key if your don’t know French or just google “Stafne Defect”.) Like most twenty-somethings I did not know my great uncle Ed very well when we talked at Anne’s party in the late seventies. But I did know who he was, because pretty much everyone knew who he was because he had lived a very distinguished life. That day I asked my uncle how he was doing. I remember him telling me that his memory was failing him and that this was very distressing because throughout his life … Continue Reading

Our Constitution Envisioned Fights between Our Branches of Government

Our constitution envisioned that fights between our branches of government would promote the liberty of the people as well as good government. This is why it is too some extent surprising the Democrats are treating the legitimate issues the executive branch has raised about the Ninth Circuit exceeding its powers as a basis for a dump on Trump (whose specific policies I nether support or oppose for the purpose of this article.) The deeper issue is whether we should put out faith in the judicial branch, especially the Ninth Circuit, to achieve the correct result in this case given that court’s clear break form those norms imposed by the Constitution on the exercise of judicial power. The question to me is whether as a country to continue to give the judicial department an upper hand is making these decisions when recent history poses the issue of whether they have subverted the nature of judicial power into a corrupt oligarchy. So who do I support in 2017: The Executive Branch or the Judicial Branch??? without doubt the Executive Branch because at this point I believe we have less to fear from Trump than from an entrenched judicial system composed of judicial fiefdoms overseen by judges who too often appear to assume they have God-like powers.  Now I know some view the cat-fight between President Trump and the Ninth Circuit regarding the validity of his executive orders as a chance to “dump on Trump”. But the important constitutional issues involved in this legal battle … Continue Reading

FEDERAL COURTS SHOULD DO SOME SOUL SEARCHING

Federal courts should do some soul searching. Some seem to think the purpose of government is to regulate our families, take our property, and make elites richer by giving them our money… They are wrong. Our founders asked “what is the purpose of government?” James Madison, a delegate to the Constitutional Convention and future president answered in Federalist Paper No. 51: Justice is the end of government. It is the end of civil society. It ever has been and ever will be pursued until it be obtained, or until liberty be lost in the pursuit. It is important to understand that achieving justice is the objective of both the federal and state governments in the compound republic of the United States. We too often presume dispensing justice is the job of only federal and and states judicial departments, rather than our government as a whole. This is a big mistake. It is the legislature which has the primary governmental role in promoting justice because it is responsible for enacting laws and overseeing the other two branches of government to achieve the end of justice for all. Indeed, the legislature is the only branch of government which is directly responsible to the people. The President is elected by the electoral college. And judges are appointed by the President and confirmed by the Senate (which originally was not elected by the people.) The history of the Civil War and ensuing amendments to the Constitution thereafter confirm the judicial branch never has had much interest in … Continue Reading

IMPEACH CORRUPT JUDGES, NOT TRUMP

 IMPEACH CORRUPT JUDGES, NOT TRUMP The list of biased democrats calling for the impeachment of President Trump is growing… check here, here, and here. But the shrill shrieks for impeachment of Trump by the democratic party are only empty rhetoric designed to solicit donations for something which will not happen. Under Article 1, section 2, clause 5 “the House of Representatives … shall have the sole power of impeachment.” Under Article 1, section 3, clause 6: “[t]he Senate shall have the sole Power to try all Impeachments. … When the President of the United States is tried, the Chief Justice shall preside: And no Person shall be convicted without the Concurrence of two thirds of the Members present.” Democrats must think we the people are stupid. Republicans control both the House of Representatives and the Senate. How are they going to get the House to impeach and 2/3 of the Senate to convict President Trump when its not apparent he committed any crime? Since the founding of our Republic other nations have attempted to influence the outcome of its elections. Does anyone really think Israel and international elites were not involved in helping either or both of the major party presidential candidates in the 2016 election? The truth is Trump is not likely to be impeached under these circumstances and Democrats call for his impeachment is simply to rattle its political base (which by now should be almost nil) for political contributions. President Trump, on the other hand, makes a good point that the present power … Continue Reading

Free House or Death Sentence?

Free House or Death Sentence? Washington State judges often state “[n]o body gets a free house in Washington” before sentencing people to be deprived of their shelter and ordering sheriffs to evict them into the streets. Such staged remarks suggest their ignorance or bias with regard to the issue before them; which is whether equity and Washington’s Constitution allows them to impose the equivalent of a criminal punishment under the circumstances of each case. The consequences of judicial decrees ordering persons evicted from their homes into the streets include death, reduced life expectancy, chronic illness, and loss of liberty. Our courts do not have the authority to impose these types of punishments on people who have not committed heinous crimes, such as murder or egregious felonies. Nonetheless, Washington judges continue to hand out the equivalent of death sentences, notwithstanding Washington’s Constitution prohibits affording special privileges to the wealthy and imposing criminal penalties on debtors. Under both the U.S. and Washington Constitutions, when such deadly results can be imposed upon on a party appearing before the court, it requires careful scrutiny to see that procedures are fully conforming to both the spirit and the letter of the law. Other states’ high courts have risen up to address proven improprieties of foreclosing entities  attempting to debt-collect otherwise uncollectible loans. In the words of Hawaii’s former Governor John Waihee (1986-94), “Our courts should not be collection agencies for crooks”. (Compare with the “free house” philosophy in Washington). Let’s get real. For most persons being evicted from … Continue Reading

A brother’s eulogy

EPSON MFP image

A brother’s eulogy: In memoriam to Todd Martin Stafne — August 24, 1950 – April 11, 2017 Todd Martin Stafne passed away the morning of April 11, 2017 in Bellevue, Washington. He grew up in Bettendorf, Iowa. He traveled extensively throughout the world before 1992, when he moved to the Pacific Northwest and made it home. Todd is survived by his beloved wife, Mayumi, and an older brother, Scott. This is Scott’s eulogy to Todd:   Since I was 18 months old there has always been a Todd in my world. The last time I heard from my brother was in an email he wrote me at 4:58 am the morning he died giving me his thoughts on a legal document I had written. When I saw the email, I thought “Boy, he’s up early…” But then I knew, getting up early is kind of a “Stafne” thing. Little did I know then that in a few hours he he would be gone. Sometimes we forget how fragile life is. It can pass in a moment. There are much worse ways to go. Words can’t do justice to Todd. He was like a “force of nature”. To those who knew him well, the best description of him was simply “Todd.”  Back in High School they called him “Big T.” Of course, I never did. He was just my kid brother. I didn’t realize then how significant a “life tie” that connection is. There are so many things I loved about him. Todd … Continue Reading

Todd Martin Stafne, My Brother’s Life In Pictures – Aug 24, 1950 – April 11, 2017

Blue Haiku 4 111.7 Tsunami heart, waves blue soliloquy within spring Viking bells, blooms, soul Northwest Vault of the Cosmos Wind Water muse riff. (by anne amerson @ art ranch of texas, 4.11.17; 1 p.m. CST; full moon) “…in between words, in between thoughts, in between the cracks,  navigating is best met with non-resistence and whispers…. the web of nowhere will not respond favorably to surrender nor to gross movements…imagine a sign SPATIAL DISTORTION: DO NOT SHOUT NOR BE PASSIVE!  …free falling is outside or between the realms of existence. ..it is real and assumes many meanings which may not represent our understanding or beliefs…heightened acute  awareness which may or may not be existential…having slipped between the worlds there is a blessing of a sort, and a partual return may be possible, depending upon the aperture of our minds. we swim constantly in infinite possibilities…but HUMAN beings want control…loss of control makes us feel vulnerable, but this is a double edge comfort zone…we dwell in a zone between real and illusion most of the time…it is as if in this information age a funnel  is stuck into our heads and we all suffer from intellectual indigestion..”  by Todd Martin Stafne 2009. Todd  has been both friend and moody muse  blue since we were teens of the 60s. Mostly quiet. Our bond was that of family friend in the Midwest. I was “older sister.” He was both cherry blossom and warrier with a gift of global insight that startled and mesmerized … Continue Reading

Materials on Americans with Disabilities Act that Pro Se Litigants should consider.

  AMERICANS WITH DISABILITIES ACT OF 1990, AS AMENDED https://www.ada.gov/pubs/adastatute08.htm ENDREW F. v. DOUGLAS COUNTY SCHOOL DISTRICT RE–1 (recent ADA case DECIDED mARCH 22, 2017 by a unanimous Supreme court) Query: Should ADA advocates create plans for their clients which tend to mitigate the adverse effects of not having legal counsel? https://www.supremecourt.gov/opinions/16pdf/15-827_0pm1.pdf Ensuring Equal Access for People with Disabilities: A Guide for Washington Administrative Proceedings http://www.wsba.org/Legal-Community/Committees-Boards-and-Other-Groups/Access-to-Justice-Board/ATJBLC/~/media/73292065DB15413D865E7AB3426806F4.ashx PRO SE LITIGANTS WITH DISABILITIES IN [NEW YORK STATE] FAMILY COURT: A Proposal for Procedural and Substantive Legal Assistance (2011) http://www.empirejustice.org/issue-areas/civil-rights/ada/pro-se-litigants-with.html?referrer=https://www.google.com/#.WNfs8_nyuUkhttp://www.empirejustice.org/issue-areas/civil-rights/ada/pro-se-litigants-with.html?referrer=https://www.google.com/#.WNfs8_nyuUk Ninth Circuit Jury Instructions regarding ADA employment litigation http://www3.ce9.uscourts.gov/jury-instructions/node/208 Making a Prima Facie Case of Discrimination Under the ADA http://www.employmentlawfirms.com/resources/employment/discrimination/disabled-employees-prima-facie-case-under-ada Disability Rights in Housing https://portal.hud.gov/hudportal/HUD?src=/program_offices/fair_housing_equal_opp/disabilities/inhousing How Evictions from Subsidized Housing Routinely Violate the Rights of Persons with Mental Illness http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1049&context=njlsp Meghan P. Carter, How Evictions from Subsidized Housing Routinely Violate the Rights of Persons with Mental Illness, 5 Nw. J. L. & Soc. Pol’y. 118 (2010). http://scholarlycommons.law.northwestern.edu/njlsp/vol5/iss1/5    http://www.americanbar.org/newsletter/publications/law_trends_news_practice_area_e_newsletter_home/10thingslandlords.html Living Lies; The Emergence of Post-Traumatic Foreclosure Disorder (2016) The Emergence of Post-Traumatic Foreclosure Disorder

Articles Regarding Non-Wealthy Persons Ability to Access Justice in the United States

Articles Regarding Non-Wealthy Persons Ability to Access Justice in the United States Latest article: ABA Law Journal, “86 percent of low-income Americans’ civil legal issues get inadequate or no legal help, study says” (June 14, 2017) Source Document: Legal Services Corporation, The Justice Gap: Measuring the Unmet Civil Legal Needs of Low-income Americans (June 2017) Lawyerist.com, Measuring the Access-to-Justice Gap: Nearly 70% of All Civil Defendants Aren’t Represented (2016) Measuring the Access-to-Justice Gap: Nearly 70% of All Civil Defendants Aren’t Represented     ABA Journal, Can the access-to-justice gap be closed? These recommendations might make it possible (2016) http://www.abajournal.com/news/article/aba_commission_future_legal_services_report_access_to_justice     Washington State  2015 Civil Legal Needs Study Update http://ocla.wa.gov/wp-content/uploads/2015/10/CivilLegalNeedsStudy_October2015_V21_Final10_14_15.pdf     Center for American Progress, The Justice Gap: Civil Legal Assistance Today and Tomorrow  (2011) https://www.americanprogress.org/issues/courts/reports/2011/06/22/9824/the-justice-gap/     Legal services Corporation: Documenting the Justice Gap In America The Current Unmet Civil Legal Needs of Low-Income Americans (2009) http://www.americanbar.org/content/dam/aba/migrated/marketresearch/PublicDocuments/JusticeGaInAmerica2009.authcheckdam.pdf     Gillian K. Hadfield, Higher Demand, Lower Supply? A Comparative Assessment of the Legal Resource Landscape for Ordinary Americans, 37 Fordham Urb. L.J. 129 (2009). http://ir.lawnet.fordham.edu/ulj/vol37/iss1/6/     Washington State  2003 Civil Legal Needs Study Update https://www.courts.wa.gov/newsinfo/content/taskforce/CivilLegalNeeds.pdf     The 2003 Washington State Civil Legal Needs Study: Executive Summary https://www.courts.wa.gov/newsinfo/content/taskforce/legalneedsexecsummary.pdf NEW MATERIALS ADDED JULY 30, 2017 Owen, Boycott, the guardian (U.S. edition) “Appeal court judge ‘horrified’ at number of litigants without lawyers” (November 23, 2014) “83% of lawyers believe justice is no longer accessible to all. … As many as two-thirds of cases working their way through the family courts now involve at … Continue Reading

HAPPY THANKSGIVING – 2016

HAPPY THANKSGIVING – 2016 Throughout a lifetime I have learned the best way for me to begin and end a new day is with an affirmation of gratitude. I thank my creator for the journey of life and the miracle of existence, because consciousness itself, regardless of circumstances, is a true gift. Now don’t get me wrong. The fact that I always express gratitude does not mean that all is necessarily well in my world. It reflects my appreciation that we as people have the ability to comprehend both the good and evil that is going on about us. This creates the opportunity for us to make the world a better place for ourselves, our families, and communities. This realization gives us the passion and purpose to make our communities better places for all living things to thrive. There is no doubt about it. Passion and purpose are true gifts of spirit for which we can all be thankful no matter what our temporal circumstances. Spirit harkens us to grow in ways which support one another; to fight that evil which is often designed to leave each of us alone, feeling lonely, helpless, and broken. Unfortunately, such evil often lives very close to us and demands or cajoles our loyalty. Because of my efforts fighting against America’s ongoing genocide against poor,  middle class, and minority populations, I wondered what the Thanksgiving holidays  would have been like for the German people (it is called Erntedank or Enderdankfest there) for the twelve years between … Continue Reading

Thank You

The election was over last Tuesday. The results for my election were apparent in the first hour. I lost. Lost big. It has taken me a week to figure out what I want to say about the results. This is because I obviously do not like like them. Washington’s primary election results appear pretty devastating to those to those, like me, who believe we need to “crack the shackles of two party tyranny.” (Of course, if you don’t trust the results are accurate then the need to get rid of our two party system rings even louder than before.) Although I have not forgotten nor changed the beliefs which caused me to run for office, I also appreciate that now is not the time to reiterate them. Now is the time candidates need to express their gratitude to those who considered their messages. I want to say thank you to everyone who voted for me and/or acted with the intent that we, the people, can and should join together in a movement to create liberty and social justice throughout our local communities, our States, our Nation, and the world. I also want to say thank you to every Libertarian candidate and to all the third party candidates who ran for office and the third parties who supported them. I understand that those of us who support third parties are a group in and of ourselves who are concerned about the way in which the dominant two parties govern to promoted the interests … Continue Reading

Crony Capitalism: Hemp is cannabis is marijuana… Why?

CRONY CAPITALISM: Hemp is cannabis is marijuana… Why?     As some of you know I am running for representative in Washington’s Congressional District 1. I was asked by a constituent to explain my position on cannabis. I did so and posted it online. I stated that I believed hemp aka cannabis had been inappropriately criminalized by our nation’s system of crony capitalism in order to benefit the cotton/fiber industry and DuPont’s then new petroleum-plastics industry. Someone commented “this person thinks hemp is cannabis.” I smiled inside because how that came to be true for legal purposes is something all libertarians should contemplate when we think about what a “free market” which will sustain liberty will look like. The person who made the comment apparently didn’t know that industrial hemp and cannabis come from the same plant, see Wikipedia or that the Controlled Substances Act defines the term “marihuana” to mean: all parts of the plant Cannabis sativa L., whether growing or not; the seeds thereof; the resin extracted from any part of such plant; and every compound, manufacture, salt, derivative, mixture, or preparation of such plant, its seeds or resin. Such term does not include the mature stalks of such plant, fiber produced from such stalks, oil or cake made from the seeds of such plant, any other compound, manufacture, salt, derivative, mixture, or preparation of such mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of such plant which is incapable of germination. I don’t think the person, who I think … Continue Reading

End Two Party Tyranny

  End Two Party Tyranny           I blogged about why I became a Libertarian in 2016. 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 joined. I picked the Libertarian Party because I believe it is the best organized to upset the mono-parties (i.e. republican and democratic) in Washington’s early primary. I also chose this party because of its emphasis of “liberty” because I still believe it is key to the purpose of government. I believe … Continue Reading

U.S. Mainstream Media is like China’s Free Press

U.S. MAINSTREAM MEDIA IS LIKE CHINA’S FREE PRESS At the Federal Candidates Forum in Everett Justin Murta, the Libertarian Candidate for Insurance Commissioner, commented on his bizarre interview with the Seattle Times. I smiled inside because I knew the process was rigged. That’s why I decided not to participate in that interview process and told the Times so publicly in this blog. The Mainstream media’s endorsements of my opposition are now out. Their endorsements are pretty much comical. What the Stranger writes about DelBene sounds more like indictment of a “do nothing- I won’t talk about anything” incumbent who does what the Democratic party tells her to do, rather than a  candidate who wants to represent the people of Washington’s Congressional District 1. Here is what the Stranger’s editorial board writes about DelBene: We nearly endorsed Alex Storms, a proud Bernie Bro with predator-looking facial hair because snoozy incumbent Suzan DelBene was SO FUCKING WISHY-WASHY. She’s the human equivalent of the goddamned shrug emoji. Should we abolish the superdelegates, Suzan? ¯\_(ツ)_/¯ Should our state tax carbon, Suzan? ¯\_(ツ)_/¯ Should Congress vote to recognize the Duwamish Tribe, Suzan? ¯\_(ツ)_/¯ Should all drugs be decriminalized, Suzan? ¯\_(ツ)_/¯ We hated Storms, but at least he was willing to say where he stood. Abolish superdelegates: Yes. Carbon tax: Yes. Duwamish recognition: Yes. Drug decriminalization: No. The only thing DelBene seemed remotely enthused about was an obscure sales tax measure that would reclaim money from remote transactions for the state. Zzzzzzz. DelBene’s crushing dullness almost led us to endorse … Continue Reading

OUR MOVEMENT MUST GROW

OUR MOVEMENT MUST GROW It was an agreement with the devil right from the start. Bernie probably knew that. But in hindsight it was a good way for us to get the movement born. Most of us already knew the truths Bernie spoke out loud. The significant thing was that someone running for president was speaking about the need for social justice and promising that, if elected, he would work to achieve it.   Bernie’s speeches focused our awakening. His identification of our passion for social justice birthed into the world the movement to which so many of us are now committed. Let’s face it. Bernie’s attempt to obtain the Democratic nomination required him to make an agreement with an already corrupt political party in order to promote his goals to bring about a better world today. Bernie Sanders was not a democrat before he sought the nomination. He was one of a handful of remarkable leaders who have been elected to Congress on their own merits and not as a member of either the republican or democratic parties. See About Third Party candidates. The same integrity that caused Bernie to run is the same integrity which caused him to have to support Clinton after running as a democrat. This does not mean the passion for change that Bernie tapped into should stop or slow down. Indeed, Bernie’s forced submission to Hillary is proof that we need to soldier on against the two party tyranny which has destroyed the promise that once was … Continue Reading

Thanks, but no thanks.

Thanks, but no thanks. Mainstream Media Endorsements are a Game I don’t want to play. My campaign received an email from the Seattle Times. It states: Hello, The Seattle Times editorial board has set aside Wednesday, June 29th, from 1:00 – 1:45 PM, to interview candidates for U.S. Representative, Congressional District 1.  The interview will be held at The Seattle Times offices, 1000 Denny Way, Seattle, WA  98109. Please confirm your attendance as soon as possible! We’ll have all candidates for this position in simultaneously to meet with members of the board, and the format will be Q&A.  I’ll send a reminder of the meeting the week prior, and include logistical information on visitor parking. I appreciate your flexibility — please don’t hesitate to contact me if you’ve got any questions or concerns. -Monica Monica G. Hinckley Administrative Assistant | Opinion I read the email twice and talked with several people about it. I have a busy schedule representing homeowners who are in danger of losing their homes. My office is in Arlington, Washington. It would likely take an hour or more each way to get to and back from the interview, which was only scheduled to last for 45 minutes… less than 15 minutes per candidate. “Hmmmm” I thought. “Doesn’t sound like they want to get to know much about any of the candidates.” I should also disclose my experience with the Seattle Times has not been good throughout the years. When I represented fishermen in the 1970s after the expansion of our nation’s exclusive economic … Continue Reading

Why Congress?

Why Congress? Someone asked me: “Why aren’t you running to be  judge? Why are you running for Congress?” I answered: “Because unless Congress does its job the system of checks and balances set up in our Constitution does not work. Congress is the branch of government which is supposed to oversee how all the branches of government are working.” She raised an eyebrow. “What are you saying, Scott?” I looked back at her and asked: “Did you know the legislative branch of government was supposed to be the eyes and ears of the people?” She answered: “No. I thought Congress was supposed to enact laws.” “Yes, enacting laws is one of Congress’ purposes. But an equally important role is to oversee, and where necessary impeach, officials in the other branches of government who are abusing their powers.” She thought about what I said. “Please tell me more.” “A good example, would be oversight of the judicial department. Many believe that we need judicial reform because our courts aren’t working for the people.” Now she was quiet. I could tell she was listening. “Federal courts jurisdiction in most circumstances to decide cases is determined by statute. This means that Congress can and should be playing a much greater role in making sure that the check and balances in our system work. Congress does not, and should not abdicate, all of its authority to the Court to determine how that branch of government functions. A self-regulated judicial department gives judges way more authority than … Continue Reading

WEED AND SEED

WEED AND SEED Two friends and I share a community garden. Gary Lennon does the lion’s share of the work. Gary wrote this. I am publishing it because it also is a great observation about life and politics. Gary writes: I’m into flowers and I’m not going to apologize.   In terms of propagation, there are always lots of volunteer re-starts. The editorial choice comes in the weeding out – I love little purple johnny jump-up in the strawberry bed, and when I’m weeding, I leave them in the ground. Ditto on the forget-me-nots – who wants their garden forgotten? If nasturtiums come back, I’ll transplant them to just where I want them. Every year, they come back. Purple potatoes shot through with orange nasturtiums define the look of our little hillside Eden. I left tall stands of Russian blue kale standing to go to seed. These kales have contributed to many a meal. Next year the upper bed will be full of seedings in the spring, and I will transplant and thin them, as I did with these giants three years ago. Notice the leek blooms – I saved a quarter row to flower (the blossoms are wonderful) so I could collect their seeds. Little dinosaur kale is from last fall – it wintered over and now will grow huge for fall. This is me (Scott) again. Here is a link to video series I have done on “Gardening and Government” which shares my thoughts about how government could be … Continue Reading

DOES TRUMP’S CRITICISM OF FEDERAL JUDGE HAVE MERIT?

DOES TRUMP’S CRITICISM OF FEDERAL JUDGE HAVE MERIT? Yes, I know Trump has the guts to say what most of us are feeling about the empire. He puts on his baseball cap and rants. Trump tells the world he is tired of the corruption, including judicial corruption!!! And those of us who also feel abused by a government that caters only to the 1% cheer him on. Some of us may even vote for him. I get it!!!. Indeed, I would vote for Trump over Hillary. But I wouldn’t vote for Trump over anybody else … And here is why: Trump is a bully. When something happens he doesn’t like, his first reaction is to shoot his mouth off. And this works well for him now because he challenges an empire most of us have come to fear and despise. And the fact Trump voices our frustration is cool except when Trump’s rants have no logical nexus to that which he is complaining about and therefore make an important issue look less important than it really is. I wouldn’t be blogging about Trump’s criticism of a federal judge with a Mexican heritage except for the fact that it appears so off base as to disparage the legitimate criticism of our justice system and its courts which is currently ongoing throughout the land. This is an issue which needs to be discussed and not simply dismissed because of Trump’s rant. Hillary used the comment to denounce Trump as a bigot (which is something most of … Continue Reading

Democrat Attorney General Bob Ferguson didn’t keep his promises

Democrat Attorney General Bob Ferguson didn’t keep his promises. 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 … Continue Reading

HOW “DECORATION DAY” BECAME “MEMORIAL DAY”

HOW “DECORATION DAY” BECAME “MEMORIAL DAY” 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 … Continue Reading

CAN SANDERS SAVE THE DEMOCRATIC PARTY?

CAN SANDERS SAVE THE DEMOCRATIC PARTY? We need to end the two party political system. I believe the most effective way to do so is support Bernie Sanders and /or the nominee of the Libertarian party throughout the primaries. Libertarians and socialists forget that both seek the same benefits for the people; namely, the ability to exercise those personal liberties which are inherent in their humanity. Now obviously the two parties differ on how we achieve this goal, but that battle is best left for another day. The democratic and republican parties, on the other hand, represent oligarchies which want to suppress personal liberties to benefit the 1% and their own political agenda. Sanders is the exception and we know he is the real thing (not your typical politician) because of his history of integrity. So in my view supporting Sanders is not the same thing as supporting the existing democratic establishment. It is also consistent with supporting the best interests of America. If Sanders does not win the democratic nomination, those who do not subscribe to the “crony capitalism” of our present day two party system (i.e. the use of government regulation to promote special interests) should carefully consider their options. I, for one, do not believe (if Bernie loses) there is any hope that the democratic or republican parties (or the 1% they cater to) will ever appreciate that we, the people, are this nation’s greatest resource. If you agree then now is the time to let our … Continue Reading

Stafne Challenges whether DelBene is a good Congressional Representative

Stafne challenges whether DelBene is a good representative when she won’t support Bernie The democratic party has put its Congressional representatives in an untenable, but familiar position by anointing them “super-delegates” but then requiring them to support Hillary regardless of the fact that Bernie is clearly the better candidate. Obviously, the democratic party has long since forgotten that under the United States Comstitution the role of a “representative” is to represent the people, not the democratic party. The dictionary defines “representative” to mean: ” having people who are chosen in elections to act or speak for or in support of the people who voted for them.” My opponent for Congress in District 1, incumbent Suzane DelBene said on her 2014 campaign web page that she wants to lead people. Specifically she writes: We need a leader who understands the power of innovation and who has the experience and determination to get things done in Washington, D.C. We need a leader who values creative and lasting solutions over empty partisanship. We need someone committed to the Democratic principles of honesty, integrity, equality of opportunity, and fair play. We need someone who will never lose sight of our shared commitment to the common good, but who also knows how to reach out across political divides to bring together diverse and competing interests to create progress. Given her steadfast refusal to support Bernie notwithstanding that he is the presidential candidate her constituents prefer one must wonder if she is content with the job … 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

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

My Day in Olympia, Washington

My day in Olympia, Washington – February 2, 2016. My phone started screaming at 5:00 a.m. just as I programmed it to do the night before. I jumped out of bed, knowing that I wouldn’t have long to work at the office before I had to drive to Redmond to pick up Michelle for our trip to Olympia. I was downstairs making coffee when Dottie, my dog, wandered down to the kitchen. As soon as I saw her we walked down the hall so she could go outside. She took longer than I thought was necessary in relieving herself. I knew she was going to be unhappy because I was going to leave her at home today. Dottie likes being around me. I was going out the basement door when Dottie let out a yelp of abandonment. I felt guilty for sneaking out, but I knew my trip to Olympia was necessary and that Dottie could not come along. I got to my office in Arlington a little before six, unlocked the door, climbed the stairs to my office, and dropped onto my chair staring at the pleading I couldn’t wait to have delivered to Fred Burnside. Unfortunately, I didn’t have time to finish it. By 9:00 a.m. I knew it was time to leave so I texted Michelle “am on my way”. To get to Kirkland to pick up Michelle I had to drive on I-405. As always, the experience annoyed me. Two lanes of traffic move at a snail’s pace, while … Continue Reading

WASHINGTON LEGISLATIVE CORRUPTION IN 1889 AND 2016

Washington legislative corruption in 1889 and 2016. Not much has changed. History suggests the Washington legislature has always been corrupted by the wealthy. And history shows this is true. Indeed, it is obvious that the same legislative corruption which our founders sought to suppress in 1889 by carefully writing our Constitution to prevent such abuses continues in 2016.  Indeed, Michelle Darnell carefully documents the Washington legislature’s disdain for the people in this article.  Darnell explains how she and other representatives for Washington’s homeowners and homeless travelled from across the State to meet with the House legislative “judiciary” committee to discuss the important issues affecting these people and their neighbors. BUT SURPRISE!!! The Judiciary Committee only has time to listen listen to what banksters want. They have no time to listen to the people. Indeed, the all powerful legislators  refuse to even listen to homeowners and other less than rich people, who want to go on record as objecting to the legislature writing ever more biased laws to promote the interests of wealthy lenders (banksters) and servicers(hedge funds) in violation of our founders’ intentions. The Washington legislature’s long time history of corruption by special interests is not a secret. The way our founders intended to prevent such corruption in the future (including now) is demonstrated by the structure of Washington’s Constitution. The preamble states: “We, the people of the State of Washington, grateful to the Supreme Ruler of the Universe for our liberties, do ordain this constitution.” The first section of the … 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

SPIRITUAL SYNCHRONICITY GROWS WELL IN THE SOIL OF TYRANNY…

Spiritual Synchronicity Grows Well in the Soil of Tyranny…     History demonstrates seeds of hope can grow robustly in the soil of tyranny because oppression leads us to crave light and liberation. I am not the leader or founder of Church of the Gardens (COG).  COG is a growing movement of spiritual people called together to pursue an imperative mission. My observation is COG grows through spiritual synchronicity and the free exercise of faith.   COG is presently a small movement of conscience. It will need members to grow into a groundswell politicians and judges will take into account. Rising to the needs of the day together we can be the change we seek.  I want to thank John Wright of the Piggybank blog for the work he has put into this production. I am proud to have been involved in COG’s formation. I am also proud to be the advocate for the Church, its members, and those persons COG was created to help and protect. COG has no single spiritual leader;  as a spiritual movement it personifies the natural inclusiveness of a garden. Gardens are composed of many different types of creations, together making up a whole greater than their sum. Through complementarity we embrace a fresh approach.   COG seeks to establish community with other faith-based organizations to network the distribution of hope, food, faith and good will. Please join COG.  

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…    

Hedge Fund Creeps

    Hedge Fund Creeps Courts allow Hedge Fund Creeps (HFC), like Mr. Shreli, to blackmail our neighbors and family into paying exorbitant amounts of money for medicine they need to to live. While those of us injured by such market place anarchy, see good reason to limit such sociopathic behavior, the Roberts Court continues to find a constitutional right for HFCs to pick the flesh off the bones of those people who actually served their country. No, I don’t mean the Roberts Court has gone out of its way to protect young punk HFC pharmaceutical guru Shkreli. Our present day justices appear to manipulate their constitutional jurisprudence to benefit much bigger and more heinous fish, like the Kochs and those hedge fund creeps (spelled Berkshire Hathaway) who are buying up mortgages on people’s home for pennies on the dollar. According to Robert’s Court growing body of precedent the extraordinarily wealthy have every right to use their money to to buy a government which will legislate their right to take more money from us. The Robert court’s new Constitutional matra: “The wealthy are free make more money; and the rest of are free to be destitute, indentured, and abused by the rich.” Present day courts give real meaning to the song, Me and Bobbie McGee. “Freedom is just another word for nothing left to lose…” In other words, to the 1% (and the government which serves them) we, the people, are “free” because we have the right to buy from our medicine and/or food and/or shelter for whatever the cost might be. But this is … Continue Reading

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

Do judges really think the people are stupid?

Do judges really think the people are stupid? I was telling opposing counsel that as the lawyer for a servicer successor to Countrywide she needed to make sure no acceleration notice had been issued with regard to the defaulted upon loan before my client’s mortgage was transferred to BOA on or about January 1, 2009. She asked why she needed to do that. I responded that under a recent case out of the federal district court Washington attorneys had an obligation under Rule 11 to verify the absence of limitations defenses. She said, she didn’t believe me. So I told her to hold on and brought up my WestLaw legal database. I was flabbergasted. Judge Peterson’s opinion sanctioning me for not anticipating a limitations defense in a complaint was not there. I immediately suspected the empire’s corrupt legal publishing system.  I have previously written about my concern that the 1% who own everything (including the legal publishing industry) and/or the judicial department itself unfairly and corruptly influence the collection and reporting of legal decisions. On April 2, 2015 I complained about this in a blog entitled “Do private publishers of legal decisions attempt to influence precedent”.  I pointed out that U.S. District Court Judge Richard A. Jones of the Western District of Washington had authored a significant decision discrediting one of MERS legal theories. I told a representative of the private publisher, WestLaw, that I believed this decision should be available to homeowners and their attorneys. I even pointedly asked whether … 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

Marie McDonnell Speaks About Seattle Audit

Marie McDonnell speaks about Seattle’s Audit of King County land records and land records recording system on Hamilton Radio’s program Taking Back our Country, which aired yesterday. In her first radio interview following a hearing by the City of Seattle discussing her report, “City of Seattle Review of Mortgage Documents,” McDonnell discusses the history of land records, the concept of legal “title”, and the absolute necessity to preserve the integrity of such land records. McDonnell explains the basics, i.e. You can’t sell what you don’t have. It is only by evaluating the chain of title, which is supposed to be reflected in the public land records, that we can be assured that the entity purporting to be selling or taking real property has the right to do so. After demonstrating her unassailable expertise with regard to land records, and the purposes for them, McDonnell discusses her contract with the City of Seattle to review mortgage documents, the City’s attempts to influence the audit, and then to not have it released at all. Towards the end of the interview we learn that the City of Seattle after receiving several public disclosure requests to obtain the audit abruptly announced that it would hold a hearing on the Audit during the time the President of China was visiting and without asking McDonnell to attend to explain her conclusions. This, of course, was a slap in the face to Seattle taxpayers because the contract with McDonnell Analytics contemplated Marie McDonnell would present and explain her report to the Seattle … Continue Reading

Isn’t it funny (not “Ha, ha”, but wierd) how Seattle’s audio system goes dead when things get interesting? September 28, 2015

Just when the President of China visited Seattle and the Pope arrived in America the city of Seattle decided, at the last minute, to hold a hearing on Marie McDonnell’s  long delay report entitled “City of Seattle Review of Mortgage Documents”, which the City paid McDonnell tax-payer funds to prepare.  Seems to me the City didn’t want news regarding the study reported in the media. What do you think? You can watch the hearing discussing the audit by clicking here. Strange how its goes dead when a city auditor starts making mistakes. Tonight, Monday September 28, 2015, Kathleen McCarthy and I will talk about this on our show “Taking Back Our Country” on Hamilton Radio at 10:00 pm EST, 9:00 pm CST, 8:00 pm RMST, 7:00 pm PST and 1:00 pm HST. Tonight’s guest will be Marie McDonnell and the subject will be Seattle’s belatedly released “City of Seattle Review of Mortgage Documents”. The topics of our radio discussion will include: 1.) The Principles of Land Title, i.e. Chain of Title 2.) How MERS affects Chain of Title and destroys the integrity of Washington’s land title system 3.) Marie McDonnell’s experience with regard to auditing Seattle Land Records 4.) The reasons for Seattle’s delay in releasing Marie’s report until the day the President of China was scheduled to monopolize the new. 5.) What happened at the public hearing. You can watch most of the hearing (except those part the City apparently does not want you to hear, by clicking here.) 6.) … Continue Reading