2013 apr 4 - howard griswold conference call

7/28/2019 2013 Apr 4 - Howard Griswold Conference Call

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Howard Griswold Conference Call—Thursday, April 4, 2013Partial

Howard Griswold Conference calls:conf call (talkshoe) 724-444-7444 95099# 1#

(non-talkshoe members must use the 1# after the pin number)Thursday’s at 8 p.m., Eastern Time.Talkshoe mutes the phone lines

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Howard's link for Thursday:http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=95099&episodeId=665319&cmd=hrepi

Hosted by: Gemini Research GroupPhone Number: (724) 444-7444Call ID: 95099

Howard is the Guest Featured Speaker on Saturday at 6 p.m., Eastern Time at:

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Rod Class’ AIB call on Talkshoe, the pin number is 48361 at nine o’clock PM, Tues &Fri (Eastern Time). That’s America’s Independent Bureau, AIB on Talkshoe.

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Howard Griswold talks about contracts and the application of the law on the KMA Club.*****************************

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***************************http://www.youtube.com/watch?v=d8IanYOTLI8

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Note: there is a hydrate water call 8 pm, Eastern Monday’s, 218-844-3388 966771#Howard’s home number: 302-875-2653 (between 9:30, a.m, and 7:00, p.m.)

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(do not address mail to ‘Howard Griswold’ since Howard has not taken up residence inthat mailbox and since he’s on good terms with his wife he isn’t likely to in theforeseeable future.)

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"All" Howard's and GEMINI RESEARCH's information through the years, has been gathered, combined and collated into 3 "Home-Study Courses" and

"Information packages" listed atwww.peoples-rights.com "Mail Order" DONATIONSand/or Toll-Free 1-877-544-4718 (24 Hours F.A.Q. line)Dave DiReamer can be reached at: [email protected]

Peoples-rights has a new book available from The Informer: Just Who Really Owns the United States, the International Monetary Fund, Federal

Reserve, World Bank, Your House, Your Car, Everything—the Myth and the Reality. He’ll take $45 for the book to help with ads, but $40 would be ok which includes

shipping($35 barebones minimum)

www.peoples-rights.com c/o 1624 Savannah Road, Lewes, Delaware 19958********************

‘I am not a public servant {officer or employee} and any claim to the contrary must

be proved by payroll records and my alleged public servant {officer} title and sworn

under penalty of perjury with full commercial liability for the person who swears to

it.’

I’m not an officer or agent or employee of the government. I am not resident within

the government and any claim to the contrary must be proved by payroll records.Prove that I’m being paid by the government to be a government employee. If you

can’t then your law doesn’t apply to me.

Government has all the right in the world to make laws and rules regulating itself.

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mailto:[email protected]


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When they impose any of these rules and regulations beyond government upon any

of us {private} they’re breaching their fiduciary duty {as public officers and trustees

of government}. All employees of government are in a trustee position. The courts

have said this emphatically

Public means government—private means non-government.

Your acceptance of anything that government offers you at any level in any way,

shape or form is a consent to cooperate with them and to put yourself under their

authority and control.

Governments have all the authority, rights and duties to make all the laws necessary

to regulate themselves. Their law, rules, regulations, codes and so-called statutes do

not apply to the people outside of government.

****************

The scam that has been used is this lawyer reference to resident. You are a resident

of the State of Blank. They will always say that. They will go so far as to put it inwriting in the complaints or motions to the courts that the defendants, the plaintiff

or any other party is a resident of the State of Blank. In order to get the individual

under the jurisdiction of the court—they use this language—this is a presumption

that is created which must be rebutted with rebuttable evidence to prevent them

from proceeding against you. Now, this is going to really upset lawyers and judges

because if you learn how to do this, and it’s not hard, but if you learn how to do this

and you take an affidavit into court with a motion to dismiss under Rule 12(b)(6),

they fail to state a claim upon which relief can be granted, that’s Rule 12(b)(6)

because the complaint is made against a person who is not a resident of the State.

Accompany that with an affidavit signed and sworn to under penalty of perjury and

witnessed by a notary public that states the same thing, ‘I am not a resident of the

State of Blank because I do not work for the State of Blank. I am not employed in

any way, shape or form. I am not an officer of the State of Blank. The presumption

that I am is erroneous and must be corrected on the record.’ Simple enough, isn’t

it? Motion to dismiss this claim under Rule 12(b)(6) because the claim fails to state a

claim upon which relief can be granted against a person who is not a resident of the

State of Blank. End of motion. Between the two, the motion and the affidavit, the

court must rule and it must rule that you are not the person that the complaint can

be lodged against. The case must be dismissed. When they don’t then you want to

start looking up this Code of Judicial Ethics. They’re not following the law.

********************

If they create the presumption and you rebut it and then they come back at you

with, ‘well you do have a driver’s license,’ you say, ‘well, if I do it’s also erroneous.’

Don’t let them trick you back into admitting that you’re within the state because if

you have a driver’s license it’s within the state’s jurisdiction.

***********************

There is no government left. The government has ceased to function in its normal

position that it was in under the Constitution. Everything has been farmed out to



privately owned corporations to do the government work. So Social Security is

actually a private insurance company. It’s not government. It’s doing it for

government but it’s there for anybody to do business with it. So, in reality social

security is not a benefit or a privilege from government but they’ll try to tell you it

is. All you got to do is do a little bit of leg work to find where it’s listed as a business

on Dunn and Bradstreet and present it to them that, look, this is a private company.It’s in business to make money. This is not government.

*********************************If you look at most statutes that’s what they say and ‘all person’s only applies to all

persons in the agency that they give it to unless it specifically says, ‘all persons who

have a license to sell alcohol or all persons who operate a motor vehicle or all

persons who have a license to sell tobacco products. It has to be specific. It can’t just

say ‘all persons’ and when it does it hasn’t been properly assigned to the agency for

implementation. So what the agencies do is they sue in their own name. For

instance, the IRS makes a complaint against you under United States v. You or The

United States of America v. You, IRS, Department of the Treasury complaining that

you didn’t pay taxes. Well, what they are doing is acting as an assignee of anauthority to collect taxes but where in the statutes were they assigned this authority

to take you to court, to bring claims against you? It’s not there.

**********************************

This is all important to understand that in most cases the actual action is being

made against you by an assigned person. Either the agency has been assigned or has

not been assigned. The police department is acting like they are the assignee but by

law have not been assigned to do the functions that they’re doing. There is no

statutory law that they can bring themselves within a provision of in order to

execute the assignment of action that they’re doing, an action on a negotiable

instrument of any kind is an action on a note or on a chosen action.

*******************************

Every action shall be prosecuted in the name of the real party in interest.

The rule requires you to object— an objection for ratification of commencement of

the action by or joinder or substitution of the real party in interest and such

ratification, joinder or substitution shall have the same effect as if the action had been

commenced in the name of the real party in interest. See the trickery of this kind of

stuff that lawyers put together? As long as you don’t object we can do this with

assignment and get away with it and they’re doing it and they’re getting away with

it because we don’t know enough to object.

**********************************

It is a dishonest act of enforcing a law upon a private individual that government

has no right, no power, no authority whatsoever to enforce upon the private

individual. That is breach of their fiduciary duty with no stupid questions asked.

When you file a breach of fiduciary duty case you are actually filing in equity. Leave

out all statutory references even though that example that we send around came out

of Colorado forms and it refers to a Colorado statutory representation that does put

it in equity but it isn’t necessary to quote any statutory reference in order to open

the court of equity which is the Article 3 courts



(unless you’re a teacher or government worker or have contracted with the

government with full disclosure, etc whereby you’re not private anymore and you’re

resident within the government.)

You got to be party to government to enjoy government’s benefits, privileges and

opportunities.

*********************The executive branch of government is only enforcing the legislation for the benefit

of protecting the government and not necessarily doing what they’re supposed to do

to protect us. The one that is the most guilty of not following the law is the judges. It

comes from the canon of ethics for judicial conduct. Canon #2, very important, the

canon says: a judge shall avoid impropriety and the appearance of impropriety in all of

the judge’s activities. Subsection A, Promoting Public Confidence. You know

anybody who’s competent in the courts? I don’t. Nobody believes the courts are

honest, correct and truthful and fair—not even most of the lawyers.

********************

‘This defendant states that he is without knowledge sufficient to form a belief as tothe correctness of the statement of the claim of the plaintiffs and he neither admits

nor denies the allegations concerning the claims of the plaintiffs but demands the

plaintiffs strictly prove their claim.’************************************

Failing to answer is devastating—it’s a total loss. Failing to answer and back the

answer up with an affidavit denying what they claim amounts to a total loss. A vague

or ambiguous complaint is remedied by a request for a more definite statement.

That will put things off for a little while until you get a decent statement. You must

object to whatever they finally state by affidavit.

************************************Now, another rule that I found to be interesting Rule 11. Rule 11, it’s called signing

of pleadings but it’s got a very interesting statement in it that I think clarifies

something I bought up a week or two ago and that is I have been finding that

lawyers are not making a notice of appearance and putting it in the docket record of

the case and I thought sure they were supposed to because I read parts of the

dictionary definition to you about the appearance of an attorney and the duty of the

court recorder to put it in the docket. The docket is the list of actions that are done

within a court action. The complaint itself, the answer to the complaint, the motion

to dismiss, all those different functions that go on within a complaint, notices that

are written into it, they’re all docketed in this sheet called the docking sheet or a

docket sheet depending upon what court and what name they have for it.

*************************************We need to object every time an attorney goes into court and the docket sheet shows

that they have not entered their appearance on the docket sheet with an official

entry that everything that they’re doing is a sham pleading and that they should be

sanctioned for this or at least ordered by the court to put the notice into the record

that they are the attorney for the attorney for the party before they proceed any

further. That will stop the proceeding for that day.

********************************************



The reason why lawyers don’t write affidavits is because the lawyer can’t. They

don’t have first-hand knowledge. They cannot testify because they weren’t there.

*******************************Sometimes they’ll get an affidavit signed by somebody they call a robo signer,

somebody who signs hundreds and hundreds of these affidavits for the benefits of

the lawyers that they’re not the real party in interest. They’re not real either andthat can be proven. All you have to do is object to that affidavit because you have no

proof from this party that they actually work for such-and-such a bank or such-

and-such a government agency or whatever. You have no proof given within the

affidavit and you have no proof that this individual was there at the time of the

incident or the transaction and really does have first-hand knowledge because they

didn’t express that in the affidavit—and they don’t. And that’s how you object to

their affidavits and that proves that they’re just a robo-signer, they’re not the real

party.

***************************************

They’ll always say that we need the information from you. The burden of proof isupon the complaining party, not upon the defendant. That, again, is a violation of

due process.

****************************************

You didn’t give me enough knowledge or information about what you’re talking

about to give you a responsive answer.***************************************

How can there possibly be a credit card when the law forbids the banks to lend

credit?

**************************************

Don’t give them the facts that they want. Don’t give them the answers to creates

facts or even the appearance of facts that they want. The burden of evidence

according to the law is upon the complaining party, not upon the defendant.

The defendant doesn’t have to produce or admit to anything.

***************************

Their own paperwork is your evidence to prove their dishonest act, have a copy of

the statute, for instance, that shows what they were supposed to do which they

didn’t do or a copy of the rule that shows what they were supposed to do that they

didn’t do—not that complicated for any of us to do.

****************************************The state of some name is the government.

We have been so misled into thinking that we live in the state of something but when

in fact the only time you’re in the state of something is when you’re employed as an

officer or an employee of the state government or any of its political subdivisions.

***************************************

Look it up in the state’s laws. Every state has laws on the procedure of how they’re

supposed to do things, even the rules of filing a complaint. They can be found and

those rules require things that are commonly left out of complaints.



***************************************The whole basis of appeal is based on whether or not due process was met and

whether the judge erred in the due process.

****************************Resident means located at, an agent of or associated with the state government when

you admit to being a resident of the state. When they make a claim that you’re aresident of the state you can rebut that claim by an affidavit stating that you are not

a resident of the state.

You are not employed by the government and if they want to claim that you are all

they have to do is come up with payroll records to prove it.

Caution: The Department of Education is an agency of the State.

*****************************What land is in the State of Blank? Certainly not your private land that you bought

—the land that the state bought to build state office buildings or state agencies

would be in the State of Blank, not your private land. That law does not apply to

private land and it cannot. The law is not allowed by the constitutional mandates to

extend any of its law and its activities of taxation and regulation to private property.So it cannot extend to your private land and cannot require your private land to be

recorded. But some lawyer told you it had to be because he lies and you didn’t

question it, you let it happen and it’s recorded. If you want to get out of the private

property tax or the property tax on private property—I should have said that more

correctly—you have to get that deed back out of their records, out of their recording

to that land. The same thing applies to birth certificates. The only thing that the law

related to births can apply to its corporations. It cannot apply to a natural child

birth of people because the government is a corporation and the only thing a

corporation can do is deal with other corporations and it can even extend the

authority of operating as a corporation to individuals who request such an authority

from the state. And on the date that that requested corporation is authorized that

corporation is born and that birth has to be recorded in the state’s records as a

corporation. A natural child from natural people does not fall under that statute.

The wording does not cover people and any lawyer that will tell you that it does is

lying to you.

********************************Christian Walters (trusts) is on Mondays, Tuesdays and Saturdays at nine o'clock, EasternTime. The number is 1-712-432-0075 and the pin is 149939# (9 pm EST). Wednesday’s

number is 1-724-444-7444 and the pin is 41875# (8 pm, Eastern) or tune in onWednesday at Talkshoe.com at http://www.talkshoe.com/talkshoe/web/talkCast.jsp?

masterId=41875&cmd=tc

Often you can find a transcript or a partial one for the week’s call at the followingwebsite:

http://groups.yahoo.com/group/peoplelookingforthetruth Howard approves or disapproves all postings to this yahoo group. Send potential posting

to Howard.

http://groups.yahoo.com/group/peoplelookingforthetruth

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Note: questions to Howard are now submitted to Howard, preferably typed, to GeminiResearch rather than fielded on the call live. It would be desirable to send a couple of

bucks for mailing, copying and printing costs.

*********************Extra legal help is available from the firm, Ketchum, Dewey, Cheatham and Howe.

***********************************************************************************************************

For reference: Jersey City v. Hague, 115 Atlantic Reporter 2nd, page 8 (A 2nd )

**********

Project for all:Howard needs information on how to write a complaint for breach of the trust.Hit the libraries!

He would appreciate any research help.

*****************************************************Start

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[Howard] …I strongly suspect this that there are a lot of good decent people that hadno idea thanks to education being so incompetent when they went into such work as lawenforcement that they were getting into something as evil and dirty and common as whatit is.They had good intentions. They go along in order to keep their job. They do the wrongsthat they’re told to, some of them not even paying attention to the fact that it’s wrong,actually believing what some lawyer-leader has told the teacher that taught them to dowhat they’re doing is the law. There’s a lot of case law that shows you that these laws,rules, statutes and regulations of government apply only to government but they’re nottaught that. The lawyers that tell the teachers what to do, do not tell them about case lawlike that. They don’t tell them what the statutes mean so these people are led astray.Wrong things, so inadvertently a lot of them are doing the wrong, absolutely wrong ,wrong things to our society. But as they straighten themselves out, as they begin to wakeup and pull away from what this society is pushing on our society of private people. Thenthey’re more on our side and less on the government side and it’s wrong to get angry withthem… as of this morning the killing of this sheriff yesterday afternoon in West Virginia,they had no suspects. I don’t know what the story might be now but they had no suspect.They still had no suspect for sure on who killed the prosecuting attorneys there in Texas.They admitted that. They have ideas, they have thoughts but they have no evidence of asuspect to prove that that’s who done it. Well, I can guarantee the butler didn’t done it,



not in this case. That might be true in a lot of movies but it’s not true in this case. The butler didn’t have anything to do with it. Anyway, there is some stuff that we can learn,that we can do including when you come up against such corruption as the courts have perpetrated down there in Florida with their recent decision that no defense against aforeclosure will do. There is a pleading, a motion that can be put in that is not actually a

defense. It wipes out the case without even bringing a defense and it is a motion to strikea sham pleading. All you have to do is prove the sham. Now, there’s a whole lot of rhetoric and bull crap out here about the monetization and the reinvestment, reinvestmentand reinvestment that goes on and the amount of money that is made off of promissorynotes. And there’s people who do this securitization research. They research it for youand they show all the securitization that was done and this is the kind of stuff that they’resaying, they’re not going to allow this anymore. And you’re going to find this in everystate eventually. They’re all going to pick up on what Florida did. Who cares? And that’sthe way they look at it. They’re criminals, they know they’re criminals. They do this tokeep the money system afloat which is failing worldwide as you noticed by some of articles Dave was reading tonight about a couple of more countries are refusing to accept

and use the United States dollar. The United States dollar is not the American money for you American people with an education who do not understand the difference betweenAmerica and the United States. The United States money is Federal Reserve moneyauthorized by the United States Congress in an act called the Federal Reserve Act of 1913. That’s the United States money, it is not American money. Stop making themistake of referring to anything that the United States government does as American. Butanyway, it is being refused to be accepted. It is being degraded and discounted all over the world that these two countries just happened to have gotten on the bandwagon a little bit late. There’s a number of countries in Europe, in the Middle East that for years have been refusing to deal in United States currency. If it isn’t converted to Euros they won’tdeal with it. Now China and Australia have jumped on the bandwagon. Well, before sowill Russia and before long so will South Korea. Now, that’s going to make for a real predicament when South Korea needs the assistance of the United States to go against North Korea and all its recent threats of an attack on South Korea and on the UnitedStates. But North Korea is failing to recognize China becoming an industrialized nation.China is so industrialized and so hepped up on its industrialization that it does not wantto lose ground. For this reason they will go against North Korea. So this should be a veryinteresting mess that might be coming up in the near future but as it does this is going to bring stock markets all over the world downward. It is going to bring the value of currencies down because it is going to cause inflation worldwide in all the differentcurrencies and this is what is what’s going to lead to the total collapse in a very short timeof all world currencies. It’s an interesting picture that’s coming together but neglectingthat, this is worldwide, this has really nothing to do with you personally and the problems you are facing today with extortionary pleadings and claims made by thegovernment, extortionary pleadings and claims made by this phony banking systemagainst you and I, the American people. There is something you can do. You can put astop to it very quickly as soon as such a claim is pled in the courts. Now, you can’t dothis before you go to court. There is some administrative stuff that has to be done. Youhave to ask them for an administrative hearing. This is old information. We’ve talkedabout that years ago that the Administrative Procedures Act requires that there be an



administrative hearing in the agency. They don’t do it. You can ask until you’re blue inthe face. You can beg, you can plead with them. They won’t do these administrativehearings and there’s a reason for it. The courts have become administrative proceduralcourts. They are administering the statutes, rules and regulations of the state. They are notthere for judicial process. They are not judicial courts. They may still claim to be. They

may still look like it but they are administrative in nature because if you just go payattention to how they do things there is nothing that you can bring into this court or anybody, the state, the county, the city, you privately or anybody else can bring into thesecourts without giving the court a particular statutory jurisdiction cite that they can rely onto give them authority to proceed. That statutory jurisdiction cite is an administrative cite.They are administering the statute, administering the codes which are statutorized so theyare nothing but administrative courts, nothing but administrative courts. As a matter of fact this case that we’ve been talking about several different times out of a Floridaappeals court called Hitchens v. Maxicenters USA at 541 S. Rptr, 2d, p. 618, a 1989Florida case which can be looked up on Lexis Nexus if you have that or have access to itat 2375, 13 Florida Law Weekly at 986. That case was over in a blink of an eye except

for—and I love accept fors—the whole legal system in this country is loaded with exceptfors because they couldn’t make as much money if they didn’t have all these except forsso every once in a while one of those except fors happens to be beneficial to the people.And this judge, Judge Cowart—this was back in 1989, he may not even be an acting judge—but he came up with a dissenting opinion that was several pages long—and we’vegone over this in the past—explaining that the courts are only using statutory legal procedures and they are ignoring equity. Equity isn’t even being taught in the lawschools. The judges don’t know it and it is a dying read of substantive law in this country.Yeah, it certainly is. We talked a year or two ago about constructive trusts. We talkedabout breach of fiduciary duty. You can bring those complaints but you’re going to havedifficulty in getting them through the courts simply because the judges don’t even knowwhat the hell you’re talking about much less than the lawyers. And they’ll put in afrivolous motion to dismiss because it’s not applicable to the statutory requirement. Sucha pleading is called a sham pleading. Now, in American Jurisprudence book 61A there isa section called pleadings. Pleading Section #1 to Section 736 in that whole book and it’sat Section 35. It is a explanation of sham and frivolous pleadings. Now, listen to meclosely because you do not want to do this. You do not want to make a sham pleading.You want to make one that is true and correct and the only way it can be true and correctis to back it up with law or Constitution or facts that are in writing such as their documents and copies of their statutory law that they are supposed to be enforcing andthat they’re not doing it correctly. Then it’s very true. If you make it a very broadstatements that he violated my rights that is a sham pleading that can be thrown out of court very quickly. It’s not substantiated by any real truthful facts. That’s why it can bethrown out so easily. But so can 99% of these lawyers’ sham pleadings including pleadings on foreclosure actions in Florida. You put in a motion to strike their pleading because it is a sham because they do not have any evidence that that promissory note didnot get deposited and actually pay the initial debt with the promissory note. They can’t prove that there is any remaining debt and they have not presented any proof that there’sany remaining debt and the court should strike their claim as frivolous. Now, you need todo a little study in case you have to go into court and argue this you need to understand



why you’re saying it, why you’re putting it together in writing and how to explain it. Andthe way to do that is to look in American Jurisprudence, Book 61A, Section 65, Shamand Frivolous Pleadings and here’s what it says. It says, ‘a pleading is a sham whenalthough when appearing in the usual form of a pleading it contains false allegationswhich may or may not be pleaded in bad faith. Indeed the words, false and sham, are

synonymous terms’ – an observation by a court apparently. It says, ‘for purposes of amotion to strike a pleading, a sham pleading is one that is palpably and inherently false.’I’d guarantee you that 90% of these pleadings that these lawyers put into court are false if you’d just do enough studying of what they claim and what they base it on to realize howfalse it is—but anyway, at least 90% of them are inherently false—and form a plain or conceded fact in the case which is all presumption—a conceded fact is when you don’trebut it. When you don’t rebut it that presumed fact which may not be true is consideredto be true until you finally come up with a rebuttal so it’s your fault that these things aredone the way they are and the lawyer that you hire he’s an idiot. He’s only going to hurtyou. The worse thing in the world you can ever do is hire a damned lawyer. But anyway,‘a conceded fact in the case must have been known to the party interposing—which

means creating and writing the complaint—to be untrue. Consequently it is not a sham if the allegations are true.’ Now, let me give you an example of allegations that are true.The mother and the ant of the Georgia baby slaying suspect, Dimarcos Elkins, wasarrested for lying to police. The mom, Carishima Elkins, 36 years of age, and the auntPetrina Elkins, 33 years of age, were both booked Tuesday of this week for allegedlygiving false statements to the authorities, meaning the police. The Glen County policewouldn’t detail what the women might have said but Petrina Elkins has previouslyclaimed her nephew was with the family on the morning of the shooting. Well, apparentlyshe was trying to cover up for him and lied and they have evidence that he was at thescene of the crime and not where she said so she gave a false statement. Anyway sheclaimed he wasn’t there at the scene, that he was with the family at the morning of theshooting and unfortunately the mother of the little baby was injured and her baby waskilled in the shooting incident in Brunswick, Georgia on March 21st. They gave falseinformation. If you get caught with false information of any kind, contriving a story thatisn’t true and you are in the wrong. That is the last and the worse thing that you could possibly want to be involved in doing. Be very, very careful listening to some of thelawyers and the leadership of so-called patriot activities because much of it is false andimproper information that comes from patriot leaders and a lawyer will always lead youwrong. Of course, on your own you can contrive some wrongs too. You don’t want to bein that position. Learn the difference between right and wrong before you open your mouth and say anything. Otherwise do what the 5th Amendment gives you the right to do,keep your stupid mouth shut. Don’t say anything because whatever you say can and will be used against you. Learn to shut up—I don’t know nothing. It hurts people’s pride inthemselves to make a statement like that. ‘I don’t know what you’re talking about. I don’tknow anything, I don’t know what you mean.’ People want to act like they knowsomething. You are smarter, far smarter, to say, ‘I don’t know what you’re talking about,I don’t know what you mean. I don’t know what you’re talking about, I don’t understandthis at all, I don’t know what you mean. Even when they try to explain it you keepsaying, ‘I don’t know what you mean.’ That’s the best thing you can do, just shut up andsay as little as possible about the issue itself and keep saying, ‘I don’t know what you’re



talking about.’ You might look stupid but you’ll come out looking smart because there’snothing they can do to you until you open your stupid mouth and you start running it likethese two ladies did and said the wrong thing—they lied. Anyway, back to a sham or frivolous pleading and about what the book says about them. ‘Only after an evidentiaryhearing may the trial court strike a pleading as a sham if it finds that the falsity of the

pleading clearly and indisputably appears on the face of the pleading. Now, the first thingwe have to do is ask for an evidentiary pleading. No lawyer is ever going to do this because a lawyer wouldn’t know what evidence was if he stumbled over a pile of it. Theyare not trained to worry about evidence. They are trained to make wild stupid ridiculousallegations and then get you to admit to them because we are trained to be stupid in theschool system and to admit to most of these allegations that they make. That’s why I tellyou keep saying, ‘I don’t know what you’re talking about.’ ‘You’re a resident of thestate.’ ‘I don’t know what you’re talking about—not me.’ Do you have any evidence to prove that I’m a resident of the state?’ ‘You got an address.’ ‘My address is HowardGriswold, what’s your address?’ ‘Oh, you use 1818 Dirty Feet Street?’ ‘Well, that’s the post office’s address. Why would you use that? I thought your address was Joe Schmoe,

the lawyer.’ Cut them down. Make them look stupid right in front of everybody. Your address is your name. Think about that. Your address is not a post office box location, a post office street address location. That is not your address. That is a postal location. Ithas nothing to do with you except you might get mail through that but that’s not your address. You are addressed by name, whatever your name is. We so much lack knowledge because education does not impart knowledge. We can show that this pleading is a sham by such approaches as showing that that address is not your address.Although you may not receive mail there that is not your address. Your address is your name. Your name is spelled in small letters, not in those capital letters. Where did theyget those capital letters? Why would they use something like that? Just ask those kinds of questions. Don’t ask the court, ask the other attorney why would he use those kinds of letters? Well, don’t… ‘It means the same thing.’ ‘Oh, yeah?’ Well if any of you woulddo what I’ve told you in the past go look at the state codebooks in whatever state you’reassociated with that you live nearby that’s in the capital of that territory by the samename. They have a library there, a big court library—every one of them does—and golook up the codebook on corporations. And in the first couple of pages, the first couple of sections of that code it tells you that corporations are always expressed in either is saysRoman characters and if you go look that up that means capital letters or it actually saysvery plainly that it’s expressed in capital letters. Now what corporation are youaddressing by addressing me by that name? Boy, it puts them on edge. It shows sham pleadings. But that’s only one start. The other thing is you can show that their statutedoes not say that they have authority to do what they’re doing to you because it doesn’tapply to but a restricted few people according to the beginning of the chapter or the beginning of the entire code. Look in those places. You’ll find out that it alwaysestablishes what it’s for. It’s for people who ask government for a particular license privilege for business or for people who are involved in commerce in some way or another. We are mostly not involved in commerce. Some people are, yes, but most peoplearen’t and you can prove that it indisputably appears to be false on its face in theevidentiary hearing but you have to ask for it and you have to do this and don’t hire alawyer because a lawyer will never do it for you and the court won’t accept it if you’ve



got a lawyer and you do it. They’ll say, ‘we can’t address this because you have a lawyer.We can’t look at anything you do.’ So get rid of a lawyer. Do not allow one to representyou. If a court appoints one you tell this guy if he opens his mouth to speak in any way,shape or form for you, you will sue you him and take everything he’s got in life. Iguarantee you he’ll run away, he won’t represent you. It’s easy, all you have to do is be

stern. You don’t have to be nasty, just be stern.Anyway, this article in Section 35 of book 61A goes on to say, ‘a complaint filed by thein forma pauperis plaintiff was properly dismissed as frivolous since the allegations madein the complaint lack an arguable basis in fact as they were both fantastic and delusional.I’m a resident of the state? That’s sort of fantastic and delusional on the part of this idiotlawyer, isn’t it, that brought this complaint into court. Turn this around and use it onthem. It goes on to say, ‘a frivolous pleading is one which does not by any view of thefacts present a valid cause of action or a defense.’ That covers both sides, doesn’t it? Avalid cause of action would be the claim that somebody made against you. A defensewould be the claim that you made against them and they came back with some frivolous bunch of bull crap patterned as a lawyer as a defense absolutely stating nothing factual.

So, if you sue somebody like a government official and they hire some idiot lawyer hewill come in with a whole bunch of who struck John rhetoric that is not factual andcannot be backed up in any way by any evidence and all you have to do is point out to thecourt that these are just statements by him. He has brought no evidence to back thesestatements up and prove them. So it is still false. It is still untrue. Just because he madethe statement does not make it true. He can’t back it up with any factual statements. As amatter of fact if he’s saying that I am a resident of the state of blank he has not producedany pay roll records to show that I am an officer or employee of the state. So apparentlythis is false and I am not an officer or employee of the state. Now, if you are, by golly itis true and one of these statements right here says that. This frivolous pleading is onewhich does not by any view of the facts present a valid cause of action or defense. Afrivolous answer since it is and does not present a legally sufficient defense to the claimor cause of action is presumed to have been interposed solely for the purpose of delay.Well, when you sued them for breach of their fiduciary that will be very important for you to understand that they’re just putting this rhetoric into the court with no evidence to back it up for the purpose of delay in this case. When they try to say that you did that youdidn’t do that because you’ve got evidence. You got a copy of their code book and whatit says they’re supposed to do and you got a copy of the piece of paper that shows whatthey did and they didn’t do what the code says. Now go look this stuff up. Each timethere’s a complaint of some kind against you take the time and effort to go look it up andyou will be able to prove that these scum bags are not doing things the way they’resupposed to do it. Any way, it goes on to say, ‘when a party claims his or her opponenthas commenced an action that is continued as a frivolous action he or she must overcomethe presumption that the action is not frivolous. In other words, they must come in and present their evidence to prove that your claim that it’s frivolous and without any merit isnot true. They have to prove that they have evidence to prove their action. They can’t doit. For instance, you have a driver’s license with the state and you are in commerce andyou are out here on the streets for hire. Now, how are they going to prove that? But thewhole motor vehicle code is based on commerce and people that are out here in thestreets for hire. Most people buy an automobile, drive themselves to work, call



themselves a driver, admit that they’re a driver to a police officer when in fact you’re nota driver, you’re a user. You are using your private property. Stop coming up with this bull shit of a right to drive. Driving is a commercial term that applies to commerce. And,yes, we all have a right to drive. We have a right to go get a job in commerce and drive acommercial vehicle. That is a right. I don’t wish to excise it. Did you wish to exercise it

or are you just using your private automobile or your private little pickup truck to go tochurch which is a stupid thing to do but you do it anyway, to go to the grocery storewhich is not a very healthy thing to do but we do that anyhow and to go to work which isnot even being a smart thing to do because it’s getting cost so much for gasoline to go towork that it’s almost not worth working. It’s getting to be not too smart, is it? Butanyhow, all these things will come to be in the future as a ridiculous waste of our time asyou learn more. But anyway, it goes on to say, ‘both sham and frivolous can be stricken by the court or disregarded without the entry of an order striking them. Similarly, ageneral denial cannot be stricken unless it is a denial of matters of record’—they have toestablish the record with evidence and they rarely ever do it but when they do it then itcan’t be stricken—‘or of written instruments to which the defendant is a party.’ Ah, well,

now that would apply to somebody that actually was an officer or employee of agovernmental entity. Once that instrument is proven then the defendant is the one who issupposed to be sued and brought to a trial so not all the matters of record or of a writteninstrument to which the defendant is a party are beneficial to them against you if you’re party to them or a knowledge of matters of which he or she might have informed himself or herself by reasonable diligence. Now, that brings in both avenues here. One avenue isthat you are the liable party because you asked the government for all these privileges of working for them or getting a license from them to do some function or another whichyou probably didn’t need in the first place but you think you do because somebody toldyou that it’s the law and it applies to everybody and it only applies to everybody ingovernment. It does not apply to everybody in society but you believed it and fell for itand went for the license. Well, if you did that license does make you liable. You askedfor the privilege. They can hold you liable for the claim they made against you based onthat privilege. So, with reasonable diligence you will learn by trying on your own to learnthat you fit into this category of being the liable party or that you are not the liable party.Anyway, it goes on to say, ‘under the sham pleading doctrine plaintiffs are precludedfrom amending complaints to omit harmful allegations without explanation from previouscomplaints to avoid a tax raised in demurs, which have been done away with but arereplaced by motions, or motions to dismiss or motions for summary judgment. Many jurisdictions have enacted statutes or have adopted procedural rules empowering thecourt in civil suits to order a party who has made a false allegation or a false denial— depending upon which side you’re on, whether you’re the plaintiff or the defendant— without good reason or not in good faith to pay the costs and fees connected with provingthe matter falsely alleged or denied.’ The court is empowered in a lot of states to imposethose fees upon you when you’re the one that has to come up with the evidence andwhatever cost there is to the court or to you is your expense to prove that you’re right. Sodon’t be on the wrong side. Always be on the right side showing the court exactly whatthe truth and the story is….



…Listen to Rod Class because this sham pleading thing fits right in to a lot of the stuff that Rod Class is talking about. This is one of your responses that you put into your courtcase immediately but you just got to go the library, look it up real quick, find out what thestatute says, look at the paperwork that they showed you and look at the rules on how todo a sham pleading and put it together quickly and get it into the court and push the court

for a hearing, an evidentiary hearing, for them to come in on the other side and provethey have evidence to back up the allegations that they made in this complaint that theyhave filed and if they can’t then it is a sham pleading and it must be struck. Soundssimple, doesn’t it? I grant you it’s not really simple. It will take a little effort on your part.It’s not so simple that anybody can just do it without a little study but with a little effort itis simple. Once you get into it and you begin to grasp how it works it will seem so simpleto you. It seems overwhelming at first. I know that. This whole stupid research that we’ve been involved in to me seems terribly overwhelming in the beginning but after a littleeffort it became simpler and simpler and then very evident and then actually very easy todo. It just took effort on my part. Well, if I can do it I guarantee you people out there cando it because most you are ten times smarter and more capable than I am….

…and if you’re worried about suing some government official and then coming back with claims against you that will be frivolous bull crap and all you have to do is put in amotion to strike their pleading, not the whole case, because it’s your case against them but their pleading in the case should be struck because it is a sham pleading. And beingthat they didn’t properly answer I now move for summary judgment. Bingo, that’s aninteresting little game. You’re a winner when you come up with the right numbers and bingo. Well, these are the right numbers. You will be the winner. Pay a little attention.Put a little effort into learning it and start using it and start spreading it. Don’t just do itfor yourself and don’t be afraid to talk today. It’s amazing how many people are comingout and talking about things and government can’t seem to control it. Government can’t put a stop to it so talk about it.

2013 apr 4 - howard griswold conference call

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