“The truth is that the State is a conspiracy designed not only to exploit, but above all to corrupt its citizens … Henceforth, I shall never serve any government anywhere.” – Leo Tolstoy to a friend
My own experience is that those who seek power are not to be trusted with it. Those who chase after power are like gluttons charging the trough – they are not in need of nourishment, but struggle only to satisfy their gluttony. Indeed, one does expect a hog to undo its ways.
So those who yammer at the gates of power promising that their motives are to do good ought not to be more trusted than the hog. What is left for the hungry masses are usually but the dribbles from their snouts.
What saddens me is seeing the way the brightest lawyers are lured to work for the hogs, with promises of private schools and white-washed suburbs. By the time they figure out the game, that they either work away decades of their lives for no reward, spare parts for the legal machine, or climb above the crowd by stepping on the backs of the less fortunate, advancing to the next level of the hierarchy they became accustomed to in the law schools. Thus, the profession who could fight for justice and more equality ends up, like the so-called journalists, not modeling the founders’ intended goals but instead serving the powerful rather than protecting those in need of their abilities. Those who could create justice end up preserving injustice. As Anatole France said, “the law, in its majestic equality, forbids forbids the rich as well as the poor to sleep under bridges, to beg in the streets, and to steal bread.” And those who could do something about this instead likely wonder why this arrangement isn’t just.
As we’re left to catch the dribbles from the snouts, we’re reminded by the press and the profession granted the power to protect the people that all pigs are equal. Most members of the corporate press and corporatized legal profession state this, not revealing the secret that actually some pigs are more equal than others.
The Gov is always harping on the “public good”, as it is reaching around to pick your pocket. If the Gov is so into Public ” good”, then in the last 16 months it imposed $ 11 trillion in debt loads on the American taxpayers, via a reign of bail outs, and stimulus gimmicks.
have you read about stimulus money to the tune of $ 450 per hour being covered to the law firm Pards of the Governor of Colorado, some big corporate law firm that is big into corporate power plays.
And, the Senator for Colorado was the Director of investments for Anschuts, the Rockies billionare. Google the over
$ 100 million tax evasion stuff on Phil Anschutz, and then you get an idea what all the stimulus
politics is on the new spoils system.
More wild hogs @ the beef hide certification counters,
as we get more sermons on
the public good, power, and Gov service at the service at the feeding lots.
One of the greatest books ever written , was the last that Tolstoy wrote , that I do not believe was even titled, but was given the name , the Law of love and the law of violence… It is rarely found in libraries except by special request.. and has to be special ordered.. and it was and is on the order of scripture as far as I am concerned…
His was always the muse of war and peace , truth and righteousness..
Gerry is so insightful on things:
Factor this into the equation of feeding lots, and HEDGE HOGS:
From 1997 to 2003, the ex Editor of the Yale Law review was a big advior to Anchustz Investments.(at one point the Director of Anschutz Investments)
Anchutz( etc the TOP Level) is the guy(w/ the CLUB) who ran a devalue the pensions of 1,000’s of workers in Denver OP.(around Colorado) who had worked for Qwest. Qwest’s ex CEO is in federal prison for stock fraud.(currently). Anchutz was its biggest stock holder. Etc..
Well, as the world knows over $ 10 trillion was evaporated from equity values of families in America, the nest eggs go up in flmaes.(the 2008 economic implosion).
But, now we see that Phil Anchutz worked a hedge scheme to evade over $ 100 million in federal taxes, in some stock gimmicks via Wall Street Investment bankers.
Funny how all the Colorado papers avoid reporting on this..
When Bennett is up for reelection as the U S Senator for Colorado, he will have to face the music, he was never elected, he was annointed, by the Party machinery.
Gerry is right on, on the seekers of power, and favors for the new elite class, the HEDGE FUNDERS, the HEDGE HOGS. Why, in Colorado, they use the Editors of the Yale Law School Review. i. e the Director for Investments for Anchutz, AKA the current U S Senator for Colorado. See Gerry’s points on law schools.
America you want to really learn what is fully going on, tune into the Gerry Spence Blog… he has the real deal insights.
David, see above, you are exactly correct; spot on as they say; the Colorado papers(POST etc) ignore the reality of the HEDGE HOGS in Colorado, who fuse corporate favors with political power, marching arm in arm, to game the system, but at a serious cost to the rest of society.
The Colorado feeding lots, and the Rocky Mt high experience, it is something the Post just misleads millions of readers on in the Rockies, because it cares more about car ads in this digital age, of car dealership closings.
I found Gerry’s piece on Tolstoy(updated real time) most fasinating
So, being as this is digital time, I got out my googles/ electro lights:
Sharing with you more illuminating sayings of Tolstoy, as:
Here is one(other) observation of Tolstoy, from above:
6.” Laws are rules made by people who govern by means of organized violence, for non-compliance with which the non-complier is subjected to blows, to loss of liberty, or even to being murdered……”
22. “Everyone thinks of changing the world, but no one thinks of changing himself.”
Tolysto was born in 1828, before the U S civil war.
He died in 1910, before World War I.
I would be interested in why Gerry has brough up Tolstoy in the USA, now 2009, in his very interesting piece.. Hope he can add on ! Tell us more.
Benny, I am trying for the fifth time to complete WAR and PEACE before I die. Don’t know why, but I think it may be an important life’s work.
Thanks for your further materials on Tolstoy. I am fascinated that a Count should give up his earthly possessions in order to achieve something of importance, which, indeed, is the self.
Thanks Gerry, i am sure the world would be interested in your book on War and Peace, perspective around 2012.(or similar)
Since Tolstoy, there has been the Russian Revolution, the French Revolution. Lets hope something like that does not happen as to some American Revolution.
America is a relatively so called young democracy, in the fuller stretch of time.
There is a book, ” Trinity’s Childern”, probably little read on the nuclear industry along I-25, from the dropping of the first A-bomb at White Sands testing range in NM in 1945, up to the nuclear arms birth place, Los Alamos, to proceed up more N, and triggers along I -25 up north, & up to the MX missles implanted in WYO.
When Tolstoy wrote his books the nuclear genie was not out of the bottle. “Trinity’s Childern” refers to the generations since 1945, who are living in the shadows of nuclear arms, “Trinity” being the site where the first A-Bomb was exploded on this planet in NM.
Indeed, a newer version of War and Peace is called for. I was curious how you got on Tolstoy, thanks for sharing that here. Given your case on the nuclear spills at the plant, and K-M, you probably know more than most on the nuclear spill overs.
Gerry, your comments have special meaning for me. I am a public defender in the Florida Panhandle, and every day I struggle against agents of the government-prosecutors and police- who are intoxicated with the power they wield nd are motivated by greed and corruption instead of a desire to seek justice.
I am disturbed with what I have seen happening in the last 10 years. “Tough on crime” politicians constantly increase the penalties for crimes, and also produce a giant set of brand new crimes every time they are in session.
Police and prosecutors get their funding from arrest and prosecution stats, so more and more arrests are made every year. The police no longer do any investigation into the vast majority of accusations that are made: instead the police just come and arrest you, no matter how matter how silly the accusation. Prosecutors file charges on practically everything and rarely do any investigation of their own. Judges keep the indigent accused in jail without bond or with bonds too expensive to afford. This helps soften up defendants and facilitates pleas. Most people, if you hold them in jail for long enough, will do anything to get out–they’ll plead to a probation sentence or time served, or whatever, even if the charges are completely bogus and the State has absolutely no proof.
If the State can’t break the defendant down and force a plea, they will still allow you to have a jury trial. However, it probably won’t be a terribly fair trial– most judges will allow the State prosecutor to say and do anything and everything to the jury, and will generally take every opportunity to thwart the defense. And if you are bold enough to go to trial, you better not lose. If the jury comes back with a guilty verdict, there will be a very, very severe price to pay.. the sentence will be much worse than the plea offer.
The fight to preserve individual liberty is a very hard. You have been an inspiration to me and so many others lawyers like me. Thank you.
Clint, you who represent the accused in today’s graveyard of rights are the brave ones, the heroes of our system, and you are among the most reviled. You must call on your prideful places. Feel the tiny swelling that comes when you realize you may be the only person on the face of the earth who cares enough about that defendant to give of yourself for him. That is a rare experience for most who are charged with crimes, yes, a rare experience for them before they were charged.
Caring can prevent crime. It can prevent the crime of a wrongful conviction, and self caring can provide the energy to give of this magic.
I needed to read this tonight. Thank you so much – and thank you, Clint, for defending the accused in Florida. 🙂 You hit it dead on describing cops, prosecutors and judges! Unfortunately, you could be describing any of those occupations from all over the country – state or federal.
Both of you are heroes in my book – and quite frankly there are not enough of you to go around!
Those who seek power scare me too. 🙂
War and Peace is generally thought to be one of the greatest novels ever written, remarkable for its breadth and unity. Its vast canvas includes 580 characters, many historical, others fictional. The story moves from family life to the headquarters of Napoleon, from the court of Alexander I of Russia to the battlefields of Austerlitz and Borodino. Tolstoy’s original idea for War and Peace was to investigate the causes of the Decembrist revolt, to which it refers only in the last chapters, from which can be deduced that Andrei Bolkonski’s son will become one of the Decembrists. The novel explores Tolstoy’s theory of history, and in particular the insignificance of individuals.
One reads it to learn about life, to be entertained by life, and as a prelude to writing about life. Many start it, few finish it. DC
For the last four semesters my students have been reading From Freedom to Tyranny. They will be excited to comment on your note here. One of them told me yesterday that she is a bit angry that Spence is forcing her to think critically given that doing so can be painful, but she finds dealing with the anger gets easier.
That is a lofty pursuit. I’ve tried myself. There is also a lot of truth in Herman Hesse’s books, but he is a pleasure to read, since he talks about interesting dichotomies and ironies most of the time but wraps them in beautiful pictures. Isn’t that what you do?
You’d probably love Steppenwolf or Narcissus, if you have not yet had the pleasure. Then you can work your way up the ladder to the Glass Bead Game, which is like War & Peace in terms of being one of the greatest and hardest books to understand.
The modern political State in America diminishes ” the individual”. It is in a civil wsr with ” the individual”. The State( and Gov) only sees an individual as. SS #, a taxpayer I D #, to send in 40 % of fed/ state tax income, and yet the Gov spends many times what it extracts from individuals.
i hope Gerry finishes his book before the American revolution starts.
Power is a drug…heroin for the hogs. The addicted will do anything to get it, to keep it and will use it to the detriment of everyone, including themselves.
The real problem is the justice system does not seek the truth. It is set up to reward the gluttons with the biggest bellies and fatest mates, who spin the best story out of twisted facts and withhold the essence of the truth so that the jury believes their story.
You did it again!!! You went out and told it how it was. I love the whole snout dripping picture you painted in my mind.
Hope you are well and not too tired, running around dealing with the new class and all.
Hope you have a great time during the celebration.
To Clint: I am not a lawyer or even a law student, just an average citizen who wholeheartedly agrees with all the statements you made. And I can’t thank you enough for being courageous enough to make them.
People who have been wrongfully convicted due to various errors or failures on the part of the state are usually helpless to fight against their erroneous convictions. Many people still believe the dangerous myth that “wrongful convictions are very rare” or other misleading ideas, such as “if you’re accused and convicted, it’s because you’re guilty.” You get the drift.
I could go on, but I won’t. Again, thanks for what you, Gerry and many others who have fought in the legal trenches against the state have said. I just wish more people would listen.
Gerry, in the context of your most interesting post, what are your thoughts on President Obama?
My exuberism is waning. But I am patient.
Come on Gerry.
We are still bombing and killing innocent people in our illegal and unjustified wars with no end in sight and in fact with more escalation in sight.
We are still doing illegal renditions.
We are still detaining people indefinetly, even if they are found innocent in what ever kangaroo court they are tried in.
The evidence according to those wacos at the ACLU says we are actually still torturing people…..let’s just call it “torture light” or “sugar free torture”.
We are still wiretapping the U.S. citizens.
We are still giving immunity to telecom companies allowing the gov’t to do these illegal wiretaps……..any clicking on your phones Gerry?
We are still trying to push the phony war on terrorism, even though the jig is up and most people know these wars are bullshit!
We are still acting like jet fuel can burn hot enough to melt steal and cause three buildings to collapse in their own footprint. Despite the fact one of the buldings did not have burning jet fuel in it. Despite the fact 6 of 10 9-11 commissioners said the whole process was a joke and nothing close to any real investigation trying to discover the truth. Despite the fact that peer reviewed engineering articles have shown the presence of military grade nano-thermite in the WTC rumble.
We still have the Patriot Act I and II, the John Warner Military Authorization Act and every other post 9-11 police state bill and presidential order that will allow the gov’t to declare matrial law and start hauling people to camps.
Up next will be forced innocaulations and vaccines for a man-made, genetically engineered virius that our friends from Baxter made, released and now will make billions off the vaccine they will provide for ther bio-weapon they created.
The president has to make sure the people in Big Pharma who helped him get elected make some money.
He already paid of his financiers on Wall Street to the tune of trillions.
Health Care reform will line the pockets of the insurance companies, at least according to one of about three honest human beings in D.C., Mr. Kuninich.
And at the end of the day the people will get the boot of their corrupt gov’t right through their fuckling teeth, which is exactly what we deserve unless we wake the fuck up and smell the fucking shit-stentch that is wafting through the air.
What is there not to like. Obama is like Bush on steriods, but with at least half a brain and he can carry a speech.
The puppet masters will ride him as long as they can to push their agenda on the back of his popularity. Their last puppet’s popularity waned fast, but they were still able to get much through because the country has been in a fucking daze since 9-11 and willing to let the gov’t do whatever to save them from the big bad radical muslims working for the CIA.
Death, destruction, madness and chaos…..it’s all good baby because we got us a real live democrat in the white house.
Tyranny Rules! Fascism Rocks!
I’m always appalled to learn that “so-and-so” aspired to the presidency at the fledgling age of ____. It’s a mortifying character flaw.
Any politician with sense would keep it quiet.
I felt analogous disgust listening to Senator Boxer direct General Walsh to call her “Senator.”
One more animal sleeping in a bed with sheets. I wish I knew the solution.
Gerry, War and Peace is also on my should-do list. If you finish it and vouch for it, I will know it’s worthwhile.
This was a really great read, I am very glad I came across your site.
“The vocation of every man and woman is to serve other people.”-Tolstoy
Gerry, I once heard you say that the Supreme Court didn’t function to serve the people, but rather was just a form of “high politics”. Do you still feel this way? I’m wondering whether you could expand upon that?
It has been written that:
“Engels once described the U.S. political system as consisting of ‘two great gangs of political speculators’, who alternately take possession of the state power and exploit it by the most corrupt means and for the most corrupt ends–and the nation is powerless against these two great cartels of politicians, who are ostensibly its servants, but in reality exploit and plunder it.”
Gee, that sounds exactly like the 2 party cartel, DEM-GOP(and their PAC, games).
However, real capitalism,
does not have the FED(Central bank) bail out the crony subprime, shell game failures.
Crony exploitation, became so corrupted, that for every man woman and child(in America), debt can be placed on their backs, all under the banner of protecting the system.
The system was so corrupt, that the power elite in order to save, it had to shift the debt on to the entire populace.
When the corrupt power was combined with the Wall Street fixers, at the levers of government, they blew up the system, and now they tinker with it by recapitalizations, which means they get the trillions in capital,(FED shuffles) and you get the TAB, i. e the debt.
In some ways, Hank Paulson was like a Communist ZAR, but he likes to speak about capitalism. His perversion of honest capitalism, will become the subject of future books on War and Peace, and locals, and yokels.
What politican sucked in more money from Investment bankers, in the latest go to D. C charades ?
Any have any clues ??
“Hope”… hope some have a clue..
If change is imposing vast trillions of junk troubled assets, converted into debt on the back of American citizens, then that is rotten change, enslaving future generations.
Hope, certainily does not entail vast debt loads.
i hope all this folly is stopped, and corrupt politicans are held accountable.
Duping citizens seems to be some sport.
Gerry raises a good point– those seeking power are not to be trusted, if they abuse it, and make the public enslaved serfs to party mob bosses, the politcs of exploitation.
Good luck with Count Leo. If you decide that you like him he may prove to be your most difficult client to date.
I’ve never been able to make it through that book.
Admittedly moving your head from Middle ages aristocracy into the twentieth century had to be a heavy chain to drag but the guys personality made it so much heavier, I think.
The prosecutions’s brief is this, if memory serves;
1. He was born into a Middle ages Estate- vast lands hereditarily held along with serfs also hereditarily held.
2. His favorite drink was one third vodka, one third bulls blood and one third gunpowder- for Christsakes.
3. War and Peace has 520 characters. Nobody needs one tenth that many. It’s an attempt to impress the reader with the fact that he could imagine something that the readers imagination cannot fully comprehend.
4. He wrote great thing about freedom but I don’t think he ever parted with his lands or serfs. But he had some great photos taken on himself in peasant shirts.
5. At the end of his life he decided that the thing to do was to run away from home and was finally found in some train station hundreds of miles away.
Anyway that is the prosecutions case. There’s
no criminal penalty attached. I just don’t like the guy.
520 charaters in a book( War and Peace) is totally missing the perspective to have a story that adds up in meaningful way, i believe George’s points are valid.
Drinking vodka with gunpowder, could certainly cause some count to become a no- count.
“All questions of power, arising under the constitution of the United States,
whether they relate to the federal or a state government, must be considered of
great importance. The federal government being formed for certain purposes, is
limited in its powers, and can in no case exercise authority where the power
has not been delegated. The states are sovereign; with the exception of certain
powers, which have been invested in the general government, and inhibited to
the states. No state can coin money, emit bills of credit, pass ex post facto
laws, or laws impairing the obligation of contracts, &c. If any state violate a
provision of the constitution, or be charged with such violation to the injury
of private rights, the question is made before this tribunal; to whom all such
questions, under the constitution, of right belong. In such a case, this court
is to the state, what its own supreme court would be, where the
constitutionality of a law was questioned under the constitution of the state.
And within the delegation of power, the decision of this court is as final and
conclusive on the state, as would be the decision of its own court in the case
— Justice John McLean
(1785-1861) U. S. Congressman for Ohio (1813-16), U.S. Postmaster General, Associate Justice of the U.S. Supreme Court (1830-61), presidential candidate for the Whig and Republican parties
Source: Craig v. Missouri, 4 Peters 410 (1830) [29 U.S. 410, 464]
It would seem to me that sufficent to clear this up is the right of citizens to hold their elected “reps” to accountability for contempt of civil law and violation of constitution… as united independent constitutional american citizens. and require at minimum that the salaries paid to these ” reps are in lawful money.. I can’t believe that a God of truth and righteousness, can bless a people and nation with peace and prosperity, when in what appears to be contempt of Constitutional law… that sustains honest weights and measures and empowerment of citizen, not bondage to bankers..
” in God we trust”
Our reps should take their pay in constitutional money, and or volunteer their time….until order and honor is restored.
Thomas Jefferson said that that only the court can sustain the constitution, when it is violated.. the reps are to be held accountable…
Great wealth insulates from common sense.
It also gave us Senator Kennedy and keeps all of our charitable foundations strong. Hardly a black and white statement.
Senator Kennedy will soon be gone. He did very little for the average America, over all those years, as big insurance companies milked trillions out of the pockets
of people in fear of being bankrupted if they went to the hospital.
As, so many have seen, hospitals charge obscene amounts, all part of the racket to milk Americans.
Senator Kennedy was the son of a rich bootlegger, Old Joe, who was no different than Al Capone, all shaded by his Havard degee(peidgree).
I have Irish lineage, the Kennedys don’t deserve their claim to some royal spot in America, this is not some British Royal colony.
Senator Kennedy allowed big insurance companies, and big corporate hospitals to rape America, and all his so called power in the Senate did very little for the average working Joe in America.
That is so, unless one has been so blinded by the Kennedy P R myths.
Those myths were swallowed by so many, who got suckered.
Mary Jo never even made it to a hospital. She was left in his car, that plunged off the bridge.
The Kennedy bridge to nowhere–for all most all Americans not in his Royal clubs of power and privilege, and P R to sucker most Americans.
We certainly would all be doomed if we were responsible for the actions of our parents.
citizens can’t enforce the constitution to go into court, the judiciary has developed standing and jurisdictional bars, to block access to courts.
Take the Constiutional provisions that the President , & his V P candidate can’t be inhabitants of the same state.
Cheney was not an ” inhabitant of Wyoming in 2000. He was an ” inhabitant of Texas, with deep Halliburton roots in Dallas.
his Aspen Pines house in the Tetons was a mere resort 2 week stop over for fishing.
Cheney had contempt for the Constitution, did you see one person in Wyo go into federal court to enforce the Constitution.
Don’t worry, the childern of Cheney, won’t be deemed responsible for his conduct. But, they are helping him on his book, to respin things to make him look like the saviour of the entire World.(Shock and Awe redux)
Ironic, Lynn has this book on Wyoming and she took cheap pot shots at her father, even playing off his religion, some angle on the “soul”, and the DOC.
And, she never dug deep into the mysterious death of her mom, at the pond/ lake in Wyoming, while she was out walking the dog.
What kind of curosity is that ?
Ahh, huh, she was so busy with the PARTY.
Some party operative got her the book contract, and so, more high plains
The city fathers(at the Platte Valley) are still meeting in the “Wonder BAR”, seeking to preserve down town commerce.
I take it Virgil, you are not touting Cheney-Bush as the “greatest generation”.
The younger generation will give birth(rebirth) to the change needed in America, they never seemed to take cheap shots like Lynn Cheney to sell books using her book back on Wyo(see the Cheney Book…B …Skies, and …).
It is amazing what party politics does to some,
as if some Mustang game, against the Wildcats.
Don’t lose hope with our
new President. To paraphrase someone “after all, the last guy BROKE THE WORLD.”
Read “Faith of My Fathers”
written before went into politics. He has always been himself. When he was naughty, his grandmother and aunties sang “thank you Jesus, thank you Jesus…”
Oh, just read it.
What I am not getting is, how come that the man whose ideas of solving our rottenly corrupted political system (time limit, delegating instead electing officials…) can believe in a “president” who is, so obviously, just a puppet of the financial crime cartel?
As long as we allow ourselves discussion along the “party lines” (they are both the same oligarchy playing the political theater in front of our eyes) or “are not losing hope with our new President” as Augusta has said, we have no hope of changing a thing. Once the puppetmasters managed to sell us that back-stabbing political thug from Chicago (Alice Palmer anyone?) as a “hope” that would bring us “change” I realized we’re in fact, a lazy nation, waiting for the said change from the outside.
And that outside being the world of politics made to deceive and enslave us. So, while I am not losing hope into mankind I might start losing it with the United States if even a man like Gerry Spence bought that low political burlesque actor as a savior. Images are, indeed, more powerful than words.
In new. What does awaiting moderation mean. this is as moderat as I get you dont wont to know How I came up with this solution.
Gerry should we consider a motion to show cause why these measures have not been implimented. Im talking justic and thereunder liberty & freedom for all for the very fist time.
I recently had a case for not having shown proof of insurance dismissed twice each time over my objections where I argued that there was a conflict of interest baring all judges becaus the aid and abet and therefor promote fruads against our prooperty and insuror to there deciding what level of extortion to apply to extort the citizenry into refilling the traughs from which they feed thier kind.
I obtained another or that ticket and am now scheduled for novembe 2 with the argument that the judiciery is engaged in a collusion with the legislatve and executive branches wherunder the don’t do oversight any more they are too bussy rackateering. and that the government has forfiet its authority as is called for under law to practice in my courtrooms. I offered at the preliminery and will deliver at the trial several DVDs of my investigation thereof. The fist three of these and another to the Franchise Tribute Board which I will be presenting allong with additiona movies I hope to have done by then.
Those can be viewed on youtube.com under vidios under The Judicial Racketeering Enterprise curently being argued as the Judicial,Executive,Legislative Racketeering Enterprise.
Committees of correspondence in every district , and volunteers to iniate petition and referendum , could allow for knowledge of things as they are , and offer remedy in restoring Constitutional order .( INDEPENDENT democratic constitutional republican AMERICANS ..
Since “money answereth all things” as means of temporal welfare- exchange” then the most important focus should be on restoring honorable money to the people… as the constitution established . ( not international banksters ) making the people dependent and in bondage.. Two concerns present themselves .. first the Fed. reserve act ‘appears to be unconstitutional” and the Emergency war powers act that was effected March 1933.. that gave the president all the powers , revoking the constituitonal checks and balance due to financial crisis… needs to be nullified and honest weights and measures restored and ” Trust in God restored.. for the people, by the people..