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 1933 and 1945. The German government at that time, much like the government officials which control the United States now, had systematically erased core human values and replaced them with laws designed to rob particular populations of their lives, families, and property so as to benefit a few.

Troubling as it may seem, there are in fact numerous similarities between Hitler’s empire and the United States today.

Children who were victims then in Germany were often killed with their families or used for forced labor and then killed.

In the United States today, millions of children are taken from their parents and given up to foster care (where they are five times more likely to be sexually abused). Financial incentives exist which are designed to adversely affect poor and middle class families by taking thier desirable and “adoptable” children from them. See Financial Incentives. The funding bias in favor of foster care is one of the main reasons so many children are needlessly taken from their parents and placed in places where they can so easily be abused. Moreover, psychology research is clear that biologial parenting results outpace foster parents even in homes where no abuse takes place – with the exception of biological parents who are truly habitually abusive and/or severly mentally ill.

Many believe state court systems effectively receive financial remuneration to break up families in a manner that they can never be put back together correctly again.  A Child’s Right  , an organization which advocates for equal time with both fit parents, quotes Phyllis Schlafly explaining how our government purposely attempts to disrupt and distort families: “The federal incentives drive the system. The more divorces, and the higher the child-support guidelines are set and enforced (no matter how unreasonable), the more money the state bureaucracy collects from the feds. Follow the money. The less time that non-custodial parents (usually fathers) are permitted to be with their children, the more child support they must pay into the state fund, and the higher the federal bonus to the states for collecting the money.

Just as Germany incarcerated and used Jews, Poles, and gypsies as fungible slave labor, the United States effectively does the same thing today to America’s poor and middle class populations – especially those who are black or Hispanic. Corporations  contract with municipal and state governments to provide them “prisoners”, which both the corporation and governments unabashedly utilize as the latest form of slave labor to make profits.

Debt slavery for students was virtually invented by our government which created Sallie Mae, which then sold it to corporations eager to make profits off our youth and family. See ‘I’m a student debt slave.’ How’d we get here?

Just as occurred in Germany, United States’ courts and law enforcement agencies have processed tens of millions of people out of their homes, where millions of people have died. It is their deaths at the hand of these government entities which is significant for purposes of this  modern, silent genocide. Indeed, some might claim that a quick death the Nazi regime assured is better than a a very slow lonely one resulting from exposure to the elements.

Pretty much everyone around the world knows of America’s banking and  mortgage servicer fraud. It is difficult to believe (and many of us don’t) that the  courts, legal cabals, and law enforcement officials who rip people from their shelter do not comprehend the crimes against humanity they are committing. Perhaps that is one of the reasons why respect for America’s justice system, which once was greatly admired, has tanked.

Indeed, during the last election cycle, President-elect Donald J. Trump questioned whether he could get a fair trial in a federal court because of a biased judge.

Although Trump was roundly condemned by politicians from both of the entrenched political parties and the mainstream media he was only speaking out loud what many Americans, including many lawyers, already know. See Does Trumps Criticism of Federal Judge Have Merit? The American system of justice has been corrupted beyond similarity to that which the United States constitution and our forefathers contemplated.

Case No. 3, Tribunal III, entitled United States v. Joseph Altstotter et al., was one of the Nuremburg trials held in 1947, in which 16 defendants who were former German judges and prosecutors in the Reich Ministry of Justice, were found guilty of committing “war crimes” and “crimes against humanity” for the manner in which they dispensed “justice” during the twelve year period spanning 1933 until 1945.  A copy of this ruling can accessed by clicking http://www.worldcourts.com/imt/eng/decisions/1947.12.04_United_States_v_Altstoetter.pdf,

A commentary on these proceedings by Douglas Linder can be accessed by clicking this Link. “The Nazification of German law occurred with the willing and enthusiastic help of judges, rather than over their principled objections.” The justice system wittingly or unwittingly became a part of the Nazi machine.

The Nuremberg Tribunal, composed of jurists from United States, Great Britain, France, and the Soviet Union, held that both “war crimes” and “crimes against humanity” violate international law and the fact that judges were applying the law of their nation when committing such crimes was no excuse for their crimes. United States v. Joseph Altstotter, at 979 – 1010.

Although the Tribunal determined that an empire cannot commit war crimes against its own citizens, it held that judges and attorneys could be found liable for “crimes against humanity” which they committed against their own people. Id., at 972. “It is therefore clear that the intent of the statute  on crimes against humanity is to punish for persecutions and the like, whether in accord with or in violation of the domestic laws where perpetrated.” Id., at 973.

The definition of genocide which was applied to the lawyers and judges of the Third Reich’s empire (and which should be applied to the courts of the present day America) provides:

“Genocide is a denial of the right of existence of entire human groups, as homicide is a denial of the right to live of individual human beings; such denial of the right of existence shocks the conscience of mankind, results in great losses to humanity in the form of cultural and other contributions represented by these human groups, and is contrary to moral law and to the spirit and aims of the United Nations.

“Many instances of such crimes of genocide have occurred when racial, religious, political, and other groups have been destroyed, entirely or in part.

“The punishment of the crime of genocide is a matter of international concern.

“The General Assembly therefore-

“Affirms that genocide is a crime under international law which the civilized world condemns, and for the commission of which principals and accomplices-whether private individuals, public officials, or statesmen, and whether the crime is committed on religious, racial, political or any other grounds-are punishable; * * *.”*

Id. 983.

The Tribunal observed that no defendant judge or attorney was charged with the murder or abuse of any particular person because “[s]imple murder and isolated instances of atrocities do not constitute the gravamen of the charge.” Id., p. 983-4. Rather, the Court observed these judicial officials “are charged with crimes of such immensity that mere specific instances of criminality appear insignificant by comparison.” Id. These defendants were charged with and found guilty of “conscious participation in a nationwide government-organized system of cruelty and injustice, in violation of the laws of war and of humanity, and perpetrated in the name of law by the authority of the Ministry of Justice, and through the instrumentality of the courts. The dagger of the assassin was concealed beneath the robe of the jurist. …” Id.

The Nuremberg Tribunal found, in effect, that while on paper the rights established by the Wiemar Constitution were retained by the Nazis, there was a progressive degeneration of the judicial system under Nazi rule and that substantially every principle of justice was eventually violated by Germany’s justice system.

Many articles explore the issue of whether U.S. elected officials have committed “war crimes.” Here is one. Here is another.

But the issue I raise here for discussion on this Thanksgiving Day in 2016 is whether our judicial system and the legal cabals that thrash about therein, should be prosecuted for crimes against humanity because of their systematic persecution of  poor and middle class populations.

The primary reason such charges merit consideration today is because courts have successfully  eliminated the most basic check imposed by the constitution to protect against judicial tyranny – namely every person’s right to be tried by a jury of their peers. Almost no one gets to have a jury of their peers make the ultimate decision regarding whether their family or home is taken. There is no democratic check on the power of the courts and this allows our “justice systems” to be appropriately charged with crimes against humanity when one side always wins regardless of the actual evidence. 

The courts have constructed rules to achieve “judicial economy” which allow them to decide cases without referring any consideration of the operative facts to a jury. This once controversial slippery slope towards tyranny has now become a torrent where elitist judges decide virtually every case based on their own views, which no doubt reflect those of the people they assocoate with (likely not oppressed populations). Our forefathers did not intend (and we should not accept) that judges can overrule the will of the people except in very narrow circumstances. But that is preceisely what judges do now that they have eliminated juries as the means whereby a moral people can stop judicial abuse and their crimes against humanity.

Trials are disappearing. Less than 1% of the cases filed ever make it to trial; let alone a jury trial. I am not alone in mourning this loss. Distinguished jurists and commentators have also criticized the practice of judges deciding issues our founders intended would be decided by juries. See e.g. Hon. William G. Young, “In Celebration of the American Jury Trial” (2014);  Hon. William G. Young, A Lament for What Was Once and Yet Can Be”, 32 Boston College International & Comparative Law Review 1 (2009); Stephen B. Burbank & Stephen N. Subrin, “Litigation and Democracy: Restoring a Realistic Prospect of Trial”, 46 Harvard Civil Rights-Civil Liberties Law Review 399 (2011).

Today and every day I give thanks for the miracle of life and that consciousness which makes serving others my passion.  

Here is a copy of a brief I wrote that demonstrates some of the problems with America’s judiciary.

Opening Brief in Robertson v 21 Mortgage

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About Scott . Stafne

Mr. Stafne is very experienced in property rights, including banking wrongs and foreclosure prevention; Constitutional Law (under the United States and Washington State Constitution); Appellate law; land use law; personal injury law. Scott has recently become a media focal point as his win record of foreclosure defense cases against the largest financial institutions, servicers, trustees as well as MERS have blazed the trail toward ending the foreclosure crisis and representing the rights of the homeowner above the profits and secret dealings of corporations.   Scott sees law as a foundation for establishing a system of twenty first century liberties for the people; and for removing that corruption of power within our government which makes the achievement of real purpose beholden to only money.   Scott Stafne has been an attorney since graduating from the University of Iowa in 1974. He worked for a large law firm in Indianapolis (Baker & Daniels) for two years. Thereafter, he moved to Seattle Washington in order to obtain a Masters of Law degree from the University of Washington, which he obtained in 1977. Scott practiced law while going to graduate school and has practiced ever since.   This is a personal blog, and does not constitute legal advice in any form, and is not necessarily reflective of the policies or opinions of Stafne Law Firm. Visit the Law Firm: http://stafnetrumbull.com Visit the Google+ Page: https://plus.google.com/+ScottStafne Visit the Facebook Page: https://www.facebook.com/scott.stafne.75   *Web Developer: David J. Posel
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