I learned such from the gentile-man, Howard Freeman . Some clips from his presentations .
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I was asked to testify in a tax case as an expert witness. After many days of preparation, I felt confident of my research. I spent over 30 minutes presenting many Supreme Court decisions that supported the defendant's position. The prosecution concluded his statements, and to my amazement, the judge told the jury that they could only consider certain facts, none of which were the facts I had given.



As soon as the trial was over I went around to the judge's office and he was just coming in through his back door. I said, "Judge, by what authority do you overturn the standing decisions of the United States Supreme Court. You sat on the bench while I read that case law. Now how do you, a District Judge, have authority to overturn decisions of the Supreme Court?" He says. "Oh, those were old decisions." I said, "Those are standing decisions. They have never been overturned. I don't care how old they are; you have no right to overturn a standing decision of the United States Supreme Court in a District Court."



PUBLIC LAW V. PUBLIC POLICY

He said, "Name any decision of the Supreme Court after 1938 and I'll honor it, but all the decision you read were prior to 1938, and I don't honor those decisions." I asked what happened in 1938. He said, "Prior to 1938, the Supreme Court was dealing with Public Law; since 1938, the Supreme Court has dealt with Public Policy. The charge that Mr. S. was being tried for is a Public Policy Statute, not Public Law, and those Supreme Court cases do not apply to Public Policy." I asked him what happened in 1938? He said that he had already told me too much - he wasn't going to tell me any more.

1938 AND THE ERIE RAILROAD

Well, I began to investigate. I found that 1938 was the year of the Erie Railroad v. Tompkins case of the Supreme Court. It was also the year the courts claim they blended Law with Equity. I read the Erie Railroad case. A man had sued the Erie Railroad for damages when he was struck by a board sticking out of a boxcar as he walked along beside the tracks. The district court had decided on the basis of Commercial (Negotiable Instruments) Law: that this man was not under any contract with the Erie Railroad, and therefore he had no standing to sue the company. Under the Common Law, he was damaged and he would have had the right to sue.



This overturned a standing decision of over one hundred years. Swift v. Tyson in 1840 was a similar case, and the decision of the Supreme Court was that in any case of this type, the court would judge the case on the Common Law of the state where the incident occurred - in this case Pennsylvania. But in the Erie Railroad case, the Supreme Court ruled that all federal cases will be judged under the Negotiable Instruments Law. There would be no more decisions based on the Common Law at the federal level. So here we find the blending of Law with Equity.

This was a puzzle to me. As I put these new pieces together, I determined that all our courts since 1938 were Merchant Law courts and not Common Law courts. There were still some pieces of the puzzle missing.

A FRIEND IN THE COURT

Fortunately, I made a friend of a judge. Now you won't make friends with a judge if you go into court like a "wolf in black sheep country." You must approach him as though you are the sheep and he is the wolf. If you go into court as a wolf, you make demands and tell the judge what the law is - how he had better uphold the law or else. Remember the verse: I send you out as sheep in wolf country; be wise as a serpent and harmless as a dove. We have to go into court and be wise and harmless, and not make demands. We must play a little dumb and ask a lot of questions. Well, I asked a lot of questions and boxed the judges into a corner where they had to give me a victory or admit what they didn't want to admit. I won the case, and on the way out I had to stop by the clerk's office to get some papers. One of the judges stopped and said, "You're an interesting man, Mr. Freeman. If you're ever in town, stop by, and if I'm not sitting on a case we will visit.

AMERICA IS BANKRUPT

Later, when I went to visit the judge, I told him of my problem with the Supreme Court cases dealing with Public Policy rather than the Public Law. He said, "In 1938, all the higher judges, the top attorneys and the U.S. attorneys were called into a secret meeting and this is what we were told:

America is a bankrupt nation - it is owned completely by its creditors. The creditors own the Congress, they own the Executive, they own the Judiciary and they own all the state governments.

Take silent judicial notice of this fact, but never reveal it openly. Your court is operating in an Admiralty Jurisdiction - call it anything you want, but do not call it Admiralty.