Archive for the ‘law’ Category

Rainbow rappin America’s Dream

January 20, 2013

Now, some people know this, others don’t: The rainbow family of living light, has a long standing, decree, discouraging alcohol at the 2 week gatherings in different national forests, warm months. I say this is because marijuana merchants, consistent with sacrament promotion, consistently confuse alcohol as a competing market-infringing product, and have influenced so, the wax mind of the rainbow. The grower, being of more material comfort, is disposed to the symbiosis.

The natural law, tribes seek, as opposed to codification; understands the principle of not depriving others of rights. United States Section Code Title 42 Section 1983, says as much; that people are liable, if they deprive others of rights, especially through color of codification; Thus the rainbow, “discourages”; adhering to the principle, that rights and liberty, are confined to not hurting others; certainly one drinking alone quietly is not harmful to others. An analogy:  the way one’s use of one’s own property, isn’t really hurting others. Yet large loud parties, do harm neighbors; as does abusive behavior. And one person or corporation, building on many properties, for many people, in the same way, harms all, in 0f the way merely being concerned about yourself, doesn’t harm others. As a tribe, the rainbow is about people not getting hurt. In the old times, there were tribal, and are, tribal lands. They shouldn’t be called reservations, but tribal land.

There is a violated natural law with the decree, Rap 107. First of all, here is an example of some of the raps.

“Rainbow Gathering E-Text Miniature Manual – Page 1 (of 6)

Welcome Home!

The Rainbow Family of Living Light welcomes you to our family gathering. A place where people co operate not compete.

Each year the family holds the Gathering of the Tribes, a totally Free non-commercial sharing of our lives and sacred hearts, in the Cathedral of Nature for the healing of the earth.

There is no authoritarian hierarchy here. It works because each of us takes the responsibility to make it work. Part of that responsibility is a pledge we keep to each other :

  • we pledge to respect and care for each other in all things
  • we pledge to drop all forms of violence in our relations with each other
  • we pledge to deal with each other up front and with open hearts.

FOCUSED MAGIC

Technology

Recent councils have reaffirmed original consensus that the gathering of the tribes is intended as an opportunity to experiment with different ways of living. For this reason and others we ask that firearms, radios, tape decks, electric lights, sound amplification equipment, chainsaws, and power tools be left at home. All vehicles stop at the parking lot or bus village.

Dis-Organization

Beware of people who say things like, “I’m in charge!” We are All leaders of the rainbow. The dishes get done and crappers get dug because We see to it personally.”

Then it goes on, ”

Main Gate

When you volunteer for main gate you get to see it all come in. Parking crew keeps the roads open and gate crew greets the world with hugs and info. Main gate is where new gatherers first see RAP 107 (Read and Heed!). All weapons and alcoholic beverages stop here. All forms of intoxication can be harmful to the spirit of our gathering. Main gate is where newcomers learn that, in terms of ideas, they are about to enter “Liberated Territory”.

Kitchens

Once you have helped a silent forest glade become a bustling volunteer kitchen that serves thousands of nutritious Free meals and becomes a silent glade again you will know what they mean when someone tells you magic did it! Each person needs their Own cup, bowl, and spoon. Wash buckets, including a bleach dip prevents the spread of disease.

CALM/MASH

Center for Alternative Living Medicine. In this wounded world many of our family come to the gathering in need of healing. CALM provides free health care, healing workshops, a woman’s center, an herbal apothecary, and counseling to all in need. Look for the large tents. Healers of all kinds are invited to join the staff!

——————————-

also later on, it goes on

—————————————————–

THINGS TO BRING TO A GATHERING

Normal camping stuff (this varies depending on “how” you camp):

  • Sleeping bag/hammock, blanket, tent/tarp, toilet paper/paper towels.
  • Check the weather: rain gear, appropriate clothes, etc…
  • PLATE, CUP or BOWL, and SPOON: this will be your food dish. You will eat out of it so this is VERY IMPORTANT. Biodegradeable soaps and stuff.
  • WATER, WATER, WATER, and more WATER: Drinkable water is a very precious comodity. If you can hike some in… or bring some to the lot and ask for some help to hike it you will make many people happy. Pretty much all you get to drink at Rainbow gatherings is water coffee and tea. If you don’t like coffee or tea, you may want to bring powdered drink mix (with the sugar already added).
  • Sweets (especially chocolate).
  • Fruits and Vegetables. Bring extra if you can to donate to the kitchens.
  • Tools if you can (i.e. knife, axe, saw) There will always be firewood that needs cuttin’.
  • Musical instruments (non-electrical)
  • Poetry

!!! DO NOT BRING !!!

Alcohol: Near the parking area there is a place called

“A-camp”. Rainbow says We love the alcoholic, but not the alcohol.” Personalities change on alcohol (and hard drugs). Sometimes people can’t control themselves as well. Therefore you are respectfully asked to leave the alcohol in A-camp when you hike in to the main gathering space.

  • Aggressive dogs
  • Bad attitudes
  • Hard drugs: Rainbow discourages the use of hard drugs of any kind. Rainbow also discourages the ABUSE of any drugs of any kind.
  • Radios: Also more welcome in A-camp.
  • Guns: Never really welcomed at a gathering.

Please understand that all of these suggestions are “agreed” upon by consensus. No one is specificaly bound to these

decisions. You are asked however to respect the space of others and the rights of those who _did_ agree to consensus.

With thanks to the hundreds of contributors who wrote this book.

Original Issue June '87
Revised Summer '88 Reconsensed Sprint '89 FAQ created Spring '95
E-Texted Collated Spring '95

Obligatory Disclaimer: I do not speak for Rainbow; I speak only for myself. And that said, COPY FREELY!

Rainbow Gathering E-Text Miniature Manual – Page 6 (of 6)

This Rainbow Mini-Manual is intended to introduce newcomers to the basic technique of “Gathering”. It Does Not represent the last word on any subject! The contents of this booklet are designed to “Evolve” with the family and not to become any form of “bible”. We can do this by basing its contents on the consensus of our councils and by changing those contents as the consensus changes.

——————————————————————————————–

There is also this following, which specifically, discourages alcohol, but only discourages, saying nothing, the mini manual says, about no alcohol getting past front gate. This discouragement tone, is generally what is referenced.

———————————————————————————

Rap 107

Gathering Consciousness

Please protect this Beautiful Land.

Walk softly. Harm no living thing. Harmonize – Blend in. Cut no living trees. Use only down, dead wood. Preserve the meadows; camp in the woods. We are caretakers of this land.

Everyone sharing makes a strong Human Tribe!

Please Protect the water sources by staying out of DELICATE spring areas. Avoid camping, peeing, washing above spring areas. Keep ALL soap out of streams, springs or the creek! Use a bucket to take your bath 100 feet away from any water source. To be certain of drinking water, boil it!

Protect our Health!

Use the slit trenches or covered latrines – cover your paper & waste with ashes or lime, wash hands.  Dig no shitters near water areas or kitchens. Break the fly/illness connection: shit > flies > food > YOU!

Use your own cup, bowl & spoon. Wash them after eating and rinse in bleach water. Visit C.A.L.M. if you are injured or if you feel ill – especially if you have a contagious disease!

Camp Together – Establish neighborhoods. Community Fires only! ~ Each with 5 gallon water bucket and shovel for Fire Protection. If you are the last to leave a fire PUT IT OUT! Watch your gear: Be Responsible ~ “Tempt Not Lest Ye Be Lifted From.”

Pets are discouraged but if you must bring them keep them fed, on a leash and out of the kitchens, springs, & fights. Clean up their shit. Love them.

PACK IT IN – PACK IT OUT !!!

Cleanup begins when you arrive. Bring in only what is necessary. There is no janitor here … you are the cleanup crew. Separate garbage for recycling. Don’t litter – Find collection point. Compost in pits only.

You are the Gathering! Participate in Shanti Sena, the peace keepers – and all activities, councils, work crews, workshops. Volunteer wherever needed: kitchens, welcome home, firewatch, parking lot, shitter digging, supply, front gate, etc. R-E-S-P-E-C-T your sisters’ & brothers’ energies.

Keep the Balance: Earth, Sky, Trees, Water, & People!

Alcohol is Discouraged, Guns are inappropriate, violence is contrary to the spirit of the gathering. Please take no photographs or videos of people without permission. Discourage drug abuse.

Buying and selling endangers our legal right to be here. The Magic Hat is our bank, donate early to fund our needs. The Magic Hat goes around at mealtime circles and with the Magic Hat Band.

Our power together is many times our power separated.

Enjoy the Rainbow with an open heart and you will see the Vision.

So you see there is an explicit discouragement of alcohol. This disturbs some people. The problem is that no reasons are given for the policies; And no citable recourse exists other than changing consensus in tens of councils.  Not to say discouraging alcohol is a bad coda either. And the rainbows do circle and consensus every day; Yet like our own Constitution, there is no explanation why this is desired, its purpose, or what the alternative is and was? People don’t understand the alternative was a looser knit confederacy of states; people don’t know exactly what the official point is? The real reason for the federal constitution was the alternative of a looser knitted confederacy of states, was more prone to conflict, between, and without. (according to the federalist papers). What is the real reason for discouraging alcohol? Is there one?

Secondly, as there is no real recourse current to change constitutions; as a tribes constitution be what they go forth and through; so what is the recourse, to discuss the rap, in the rap section of the rainbow guide, which primarily lists address of rainbows in most states people can stay with passing through, or network an area with? Even the consensus of one circle, can not speak for such broad overarching effective guidelines. Each rainbow council in each of the thirteen regions, each rainbow potluck council, which for instance both New York City and Philadelphia offer once a month, would have to consensus to the same consensus; The Rainbows do not believe in voting, but unaminious consensus. Each has veto power. It takes just one, to stymie the intentions of many.

Likewise who can stand up to the constitution, why did one generation, have the power to legislate for many generations? Shouldn’t there be frequent and several constitutional conventions? Shouldn’t the Constitutional Preamble prefer, we the states, rather than we, the people, insofar the states are natural able forms to check the federal government, not people. Thus both organization, ideals, lack the forms to change themselves, as it stands now.

Now if the reason to discourage alcohol is alcoholism, certainly the alcoholic, is a sorry and destructive agent. Yet we live in an absurd bad world. School, Marriage, The Economy, are likewise destructive agents. No one stands up to the latter. Do people have the capacity for this? Yes people are responsible for their good and bad decisions; and the sicker individuals, take less responsibility for their bad actions; but we can all agree, we control what we do, both good and bad; and yet we can not say we control ourselves regarding School, Marriage, The Economy, or even critically scrutinize them: How can we then expect the alcoholic to scrutinize his behavior?

And yet, if the case is alcoholism, Serenity Tribe, Wharf Rats, have cared about these matters, and have structures to treat alcoholism, and that would be the sole concern.

And yet if the reason is no loud stupid parties, then the guideline would tend to discourage hosting large and or loud campfires and sites;  This would naturally invoke Shanti Sena, as would the daily circles that consensus on such issues; in which case, our form, is basically daily circles dealing with proximate issues, in favor of one time laws, we all favor and promote, without critically refracting. With a more liberal nexus, Shanti Sena would be a broader and more active form; yet there is to be said, that that might be a good thing, and lead to more proactive reform adjunct.

Likewise we have to ask, why do we have a system of police, in America, when Rainbows have the shanti sena system. The Shanti Cena system, is when one person has a problem or issue turning unpleasant, if they yell out, “Shanta Sena” then all around who hear those words, are obligated to come round and help sort out the controversy, or at least look around and make sure others are gathering forth. This translation into American, as the rainbow community is in national forests has to do with establishing each neighborhood with a grid, whereas a person in distress, hits a button compelling, through corresponding communication transmission, people in the surrounding houses, to organize and come by, like ripples where each ripple communicates with further ripples.

By involving, morally at least, all the people, this system would not enable crime hiding behind law enforcement, judges, as too many people would be involved. These rights are protected in USC 1983. Yet they would also be protected by daily circles of people consensus.

The mini manual, which is much stricter and vitally adamant about front gate and A-camp, was written in 1989.  This was before regionals were popular. Rap 107, which comes later, and quietly discourages alchol, only, reflects a mellower, less “militant” Spirit of the Gatherings, in an age where there have been over 6 2 week gatherings a year, as oppossed to the rainbow of the seventies and eighties, prone merely to 1 large July Gathering, usually in the rockies.

Blaming the influence of pot peddlers for this dispositive concern, even while no money is allowed to be exchanged at the gathering, (aside from donations to the magic hat sometimes passed around the evening circling meal, which is generally used to buy food to be cooked for all, and ocassionally medical supplies, and if rarely necessary, water or water pipes; stems from a summary dispostion positing a marijuanna sacrament, procured so; has come with a corresponding, and juvenile, abusive-alcohol approach. ;

To protect ourselves under USC 1983 title 42, not that rainbows are one for big government, liking to think together; any claims must be dominated, by the fact that such claim is founded due to law or understanding, even while maintaining, that this understanding, being not of federal or state government still constitutes what is meant by “under the cover of law” in sec 1983. And maintain that the claim of deprivations, deprives one of a basic or common right; which the denial of not the loud or obnxious, but privacy and private behavior.

“Prima Facie Case” To establish a prima facie case under 42 U.S.C. § 1983, plaintiffs must allege two elements: (1) the action occurred “under color of law” and 2) the action is a deprivation of a constitutional right or a federal statutory right. The first element, discussed in Chapter 2, infra, involves a fact specific inquiry wherein the court must examine the relationship betweenthe challenged action and the government.

                                                                                      Introduction to Constitutional Torts Litigation

Title 42, § 1983 of the U.S. Code provides a mechanism for seeking redress for an alleged deprivation of a litigant’s federal constitutional and federal statutory rights by persons acting under color of state law. Section 1983 reads as follows:

Every person who, under color of any statute, ordinance, regulation,

custom, or usage, of any state or territory, subjects, or causes to be subjected,

any citizen of the United States or other person within the jurisdiction

thereof to the deprivation of any rights, privileges, or immunities

secured by the Constitution and laws, shall be liable to the party

injured in an action at law, suit in equity, or other proper proceeding

for redress, except that in any action brought against a judicial officer

for an act or omission taken in such officer’s judicial capacity, injunctive

relief shall not be granted unless a declaratory decree was violated

or declaratory relief was unavailable.

Litigating under this statute is complex. Through the years, the Supreme Court has been able to interpret the terms “person,” “under color of law,” “subjects, or causes to be subjected,” and “and laws.” However, the statute “provides little or no guidance regarding important subjectssuch as the measure of damages, availability of punitive damages, requirements for equitable relief, statute of limitations, survival of claims,proper parties, and immunities from suit.” In an attempt to resolve these issues, the Court has taken steps to examine congressional intent, common-law practices, policy concerns, federalism issues, and comity problems.

                                                                                                                 History

Congress passed 42 U.S.C. § 1983 in 1871 as section 1 of the “Ku Klux Klan Act.” The statute did not emerge as a tool for checking the abuse bystate officials, however, until 1961, when the Supreme Court decided Monroe v. Pape.  In Monroe, the Court articulated three purposes for passage of the statute: (1) “to override certain kinds of state laws”; (2) to provide “a remedy where state law was inadequate”; and (3) to provide “a federal remedy where the state remedy, though adequate in theory, was not available in practice.”

The Monroe Court resolved two important issues that allowed 42 U.S.C. § 1983 to become a powerful statute for enforcing rights securedby the Fourteenth Amendment. First, it held that actions taken by stategovernmental officials, even if contrary to state law, were neverthelessactions taken “under color of law.” Second, the Court held that injured individuals have a federal remedy under 42 U.S.C. § 1983 even if the officials’ actions also violated state law. In short, the statute was intended to provide a supplemental remedy. The federal forum was necessary to vindicate federal rights because, according to Congress in 1871, state courts could not protect Fourteenth Amendment rights because of their “prejudice,passion, neglect, [and] intolerance.”

With Monroe opening the door to the federal courthouse, constitutional litigation against state officials developed. Later, plaintiffs seeking monetary damages sued not only state officials but began to sue cities and counties as well. They also sought prospective injunctive relief againststate officials. Ultimately, the federal court became the place to reform Jurisdiction. Two jurisdictional statutes apply to 42 U.S.C. § 1983 litigation in federal court: 28 U.S.C. § 1343(a)(3), the jurisdictional counterpart of 42 U.S.C.§ 1983; and 28 U.S.C. § 1331,  the general federal question statute. Of the two statutes, § 1331 provides for more expansive jurisdiction because it affords jurisdiction in cases raising a federal question. In contrast,§ 1343(a)(3) limits federal jurisdiction to suits involving “equal rights.” Neither statute sets an amount that must be in controversy for jurisdiction to attach. With jurisdiction over federal claims, many federal courts in 42 U.S.C.§ 1983 suits also have jurisdiction to adjudicate state law claims that arise out of “a common nucleus of operative fact.” Formerly known as ancillaryand pendent jurisdiction, supplemental jurisdiction under 28 U.S.C.§ 1367 permits both pendent claim and pendent party jurisdiction.9 28 U.S.C. § 1367 changed “the preexisting law in that it makes supplemental jurisdiction mandatory, not discretionary.

This last is the real effect of 83, mandatory trial. So often crookedness dismisses.

In the mini manual of 1989 before the monthly regionals became popular, a movement which made things less uptight, the reason for the outright ban of alcohol is alcohol impedes the apprehension of ideas. That is ridiculous. You dont want parties, you dont want alcoholics, you feel an animus to all drinking of babylon that doesnt right the ship, but you dont want the drinking in the parking lot. Thats ridiculous. They can drink anytime.  Rainbow is Gathering time, is for a reason.

In Rap 107 which is more quoted and referenced than the mini-manual, which is alluded to, alcohol is merely discouraged, and thats the general standard. Anything else results in stupid drinking in the parking lot as a party, and unnecessarily uptight atmosphere in the woods. IT is worth mentioning, an assumption rainbows are more socialized than anyone anywhere else, is a false assumption. The woods can be packed with rudeness. The therapy is working through this, and appyling such wisdon to your own life effectively.

right to judge, judiciary, simple discovery, there or not, adult or cover crime, deprived under the law of the judicial article of the constitution, under laws or understandings restricting oversight of the judiciary; folly ignorance of simple principle powerful criminals have the means to hide behind, laws and Judges, should protection of rights be doled out for a few delegated to participate in the protection agency; rather than alternative invovlving civic responsibility, structure more oversight, people come together; yet kingdom of god, controlled to ignorance fact lie. Summary judgement so violates, that it is 1983, liability, fed court, pretrial conference see quote. Monroe Papp 1961= overrule law, mandates remedy through state or feds. Maintains officials even violating  law = empowered by color of law.

In this sense declaratory relief unavailable and therefore qualitifies for undismissive quality

A Critical Approach to Section

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Legal Arguments

January 2, 2013

Note 1 Where we are now, is a situation, generally and particularily, we as a people, are unable and unskilled enough to discuss. The context of the kingdom of God, we lack ability to discuss, and the gross particulars in between speaking for The Kingdom of God, difficult, without the light of the kingdom of god. Thus we working on enunciating and speaking the deep issues and truths in our life, community and mind.

                                                                                                           LEGAL ARGUMENTS
                                                                                   
                                                                                                     THE CROOKED PATH WE LEAVE
If you chart this case, crooked footprints and a crooked path, you’ll see. For instance, A) Mark, Veronica, others who know would talk. If they can’t account for the money, the money is stolen from them, thus third party liability R. Mark should talk to me if he is stolen from. All the lack of protocol overlooked by Judges, perhaps worst, was, B) My guardian nature never understood, pa328a329a. C) Never a need for litigation, but they accounted for nothing, and I sought Discovery, and still evidence unshared. D) Even so, if I told a jury, they’d get the story, an opportunity denied by a summary judgment upon evidence, court and executor, are responsible for.
These steps and paths reference a Judiciary’s need for reform, per Article 2a State Constitution, “All political power is inherent in the people. Government is instituted for the protection, security, and benefit of the people, and they have the right at all times to alter or reform the same, whenever the public good may require it. “ My case certainly is about Security. Is this a true application of 2a? Interpretation as the right of the people to reform the state exists through the conduit of Judiciary? Is this deference to our Unity united as People, not States, assenting to  federal government?
Petrey V. Flaugher reassures us any wide-ranging case requires Historical Contrast to put our  our institutions in perspective; Is the behavior of 2a, historical activity? Can an undertaking into the double lives and oppression of my family, reform a system? Corruption is strewn with double lives. The careful elaborate lies, perhaps dating back from buggery and our schools, is outrageous, and behind the murder of my mother.
Yet this is the story, and what you must understand is that it is History, literally, the story of whomever that great higher power, “He” is, who wants History to be marked with America’s worst kind of corruption, stemming from a backward Judiciary. Thus, the only way out of this totalitarian situation, very much in the interest of judges and our History, is to mark its control of higher power, insofar as this is more outrageous than free will; as may define criminal.
We may see the stems of control from prostitution, the reduction of morality and responsibility by sexual control, the story, or the actual truth, engineered by Man, or God; for one answer leads you out.
We are looking at a network of secret gay people united so secret and private; at the control of masterminds, or God’s view of History? What is said, we are. The constitutional concentrations of power, enabling a treatment of adults, as incapable of reasoning together, thus alienating an attraction to children; perhaps stemming from the concentration of powers in judges, Senates, cultural density, from which crime may hide behind the enforcers of our law. Law has replaced close knit society. As Patrick Henry spoke before the Constitutional Convention, “When we give up the right to guard our rights, our rights are easily stolen”
And yet this conundrum existed in pagan classical times as well. Senates were common among each Italian Tribe. And yet there seems an inversion today; Instead of a traditional notion of salvation, as a world of Truth self-operating, within the State, the deeper nexus, removed, hidden, yet there, enabled, possible, seems some criminal depraved operation of blinding control of a significant portion of America, enabled through a constitution where crime hides behind the Judiciary, resembling one worst vision of The Democratic Party. In the Roman Republic, the Judiciary, aimed at the Republican Senate and Executive, took on that antagonism. How do we get out of this situation? By replacing this crime world, metaphysical as it is, with more traditional salvation, based on knowledge of the kingdom of God. Mark 4:12(They see and don’t perceive. Hear and don’t understand)
                                                                                     UNFAIR TRIAL via DESIGN of FRAUD
Discovery was why I needed to litigate. To confirm the obvious, that the hard-earned wealth has been taken, my siblings, their spouses, controlled, children, vulnerable. Discovery limited to under 2.5 million of mutual funds I knew were over 7 million in 2009 or 2010. Discovery did not reassure me with any emails between my siblings, my mother. No last tax returns were shared to chart the money from. I had an emailPA in April 2010 where she very clearly wants 6 million for extended family and friends, thus the potential to join others, including the unborn, for Vera loved her legacy; and yet rather than tailor a will on this email of a few months ago, were there not later wills, this will from 1994, unsigned then, is signed in 2010. No lawyer signed the will.PA68a   Call the witnesses, Kessler administrators. PB Put pressure on defense, Call people who might know of a later will. Unfair trial, per design of probate fraud to get a judge near the properties of Vera, to overlook matters; did he know before hand? Competent Counsel, for family? continuing extortion and control, prostitution of my siblings; likewise statute capability to manage own affairs, siblings. And as such Statute, remove executor. Realize third party Liability. Conspiracy of Defense and Judge over Mark and Veronica, against me. We see crime hiding behind the legal system. Many victims to this, not me alone. Widespread culture of control here. Isolation, Sin, facilitates laws, which facilitates crime, which may then be vulnerable to greater crime. The tragic lessons from unfair trial. Many statutes guide calling people who have knowledge of suspicions. But feels safe testifying truthfully, if Judges, are the bottom line?
So let us make three points on the above situation.
Historical Perspective: According to Julius Caesar’s account of his Gallic Campaign; the German system of justice went something like this; Every year half the people formed the militaries, and half, farmed. Each year they switched. You didn’t farm the same land each time. It was considered desirable to change areas. The knights and Senates, enabled the legislation that sacrificed through wars; yet matters of Justice, conflict of people and polity, were handled through druids, the spiritual who knew the metaphysical control upon the tribes. It was a life-long tradition or profession; and Justice facilitated the pagan need for human sacrifice.
The System was Different to the Mountainous South in Gall extending into northern Italy. There, whichever Gall was “hot”, in patronage serving those, in having others be useful to him, was reducing conflicts great and difficult in popular fashion, was consulted and contracted, with conflict within a structure of tens of tribes. Unlike Druids, Gallic “lawyers” were short-termed, and attained through prowess.
There was a time in The Roman Republic, where the soldiers demanded a judiciary as a check upon the folly and corruption of senate and executive; so the stipulation, only the plebes would be Tribunes. Livy, class collusion. This infers criminal matters were naturally handled by the tribes, and the judiciary primarily a check upon the other branches, in the way, the Jersey Plan sought judicial ratifications and initiatives.
Compared to these more enlightened structures, Judges today know first-hand the meta-physical control that dominates totalitarianism. As the top of the moral pyramid, and metaphysical definer of powerful information, it is plausible working with Judges, precedes working with the people, insofar, metaphysically, one may more easily effect the other.
Whereas some may say they have more chosen crime, Judges may say there is a totalitarian, metaphysical control of their profession. That the overt pagan sacrifices, now covert, through metaphysical control, an agreed rendition of history, covertly then operates through a flawed judicial constitutional structure, even laws thus themselves, as replacing daily circles of thinking adults. The Judiciary is especially designed for this covert sacrifice;
And yet if History reveals this story, of what is superimposed on Society, on The Kingdom of God, that transformation that enables its very scary point, so the History will reveal our ancestors, for all our material comfort, were harder upon us, presenting a greater unreal situation, than other more tribal cultures. The especially unreasonable, that no judge nor journalist nor lawyer nor people would bring this to sensible discussion,  is the way we were held, and this case, a part of the story.
                                                                                                     WIDE CONSPIRACY
Actually three probate frauds: Letters of Administration never came from proper venue. A) Not restrained, when she was quadriplegic, B) Sound mind, when worth fourteen Million, and allegedly didn’t want to pay for a lawyer to come to the hospital? INT C) Most importantly probating a foreign county, that long eyed her properties and situations, denying the eschatological dignity of a county taking care of one’s own, violated R4:80 Vera Spent no nights in Hoboken, since 1992,working there less and less, PA 202a, 203a pa196a
This is crooked, outrageous, insensible, common knowledge, the conspiracy  widens. Now you may see a controlling agency of Hoboken, and or perhaps even, a controlling evidence of the very powerful family and Judges are mixed up in. Or you may see, how little makes sense, and see the influence of Higher Power. They could have simply blamed Garvin for advising such PA INT. Payne’s Denial of my emergent motion citing nature of probate ruse, wanting Assignment Judge, the lack of policing your own, the denial of the interlocutory appeal, PA, the not investigating fraud, Statute, calling people that know, Sending to proper venue, in second sentence, PA.28a Surrogate Court Judge Donald Leo looks culpable, upper levels of Law Enforcement probably know. There is a vision of many others relegated and regulated, wide-ranging effect, implicating the Judiciary; Judicial knowledge of the meta-totalitarian control of your profession for the covert sacrifice a judiciary not grounded in Truth, provides. The vision is seen, how can there be no oversight. As a farmer, we put pressure on each other’s brands and market, for the free ice cream to be more wholesome, for more to be soothed by agriculture, for spirit and faith to rebirth in old agriculture. Yet the judicial brand, afore said, precludes that kind of oligarchic industry oversight. If Law replaces tight knit community, how can justice spring in Court? The inversion of a salvation, for a world of crime, and sex traffic, even more ignores working with the judges, in hopes the hard ways, may be over, and more sensible ones, begin.
                                
                                                                                                                            4) Protecting People
Even as there is no compensating statute for defendants who are extorted, by a gang their counsel is a member of, N.J. adheres to the appearance of impropriety charter, I imagine now, because the appearance of impropriety threatens those who know and would speak the truth. Oppression theoretically emanates from a judge, as much as protection. Thus many people don’t reach me. I can’t imagine honest deposition in this criminal climate.  Discovery uncomplied, evidence withheld, subpoenas ignored.PA
Specifically, appealing the summary judgment grounded in capacity and honesty, elaborate medical records, T4, will detail her constant trauma, anxiety and three medications. She was at Kessler Rehabilitation four months. Evidence must be shared. The Kessler Rehab ignored the Subpoena, saying it could come from the executor. The Princeton Hospital said medical records could be accessed by the court. PA252, The Judge is saying the court doesn’t care, The defense is saying as executors they have no responsibility to help me gain evidence that would describe her state. Rule 4455a says trial court must wait till evidence is procured. I have to conclude conspiracy, between defense and judge, and a complicit lack of industry oversight. How can I get depositions, with no quotes from Discovery, before crime? When the death certificate says Princeton, and Probate Application, Hoboken. PA201a
Many have to know about this. Co-Workers, old friends, family, what effectively silences them? Law enforcement? Powerful People? Serviced? God’s metaphysical demonstration, or is ECT more common? Once you enter the level of the military, the servicing of powerful people who theoretically cease a critical relation to adults, brainwashing, you really enter a larger domain of God. Suffice is it unimaginable anyone would want to go on this way. It is a history, no offspring could participate in such demise, want to give up wealth, nor judges forever be immune to reform and report: Thus working with the judges, may come first. There is a whole lot ahead. Our ancestors have been particularly hard on us through our Judiciary, and Constitutional Structure. Totalitarianism is a harder god. What to do about it?
Crime may be blinder to the spiritual than your interests of Judgment and others. You may be helped by a hearing whereby The Kingdom of God, the still and silent, and true state of earth is show, be more able to reach a higher level. The Kingdom of God, this knowledge of the altered and being of The Human Race, with its implications to get into, is a big part of the way out, whereby everyone involved may admit their lies, and demonstrate the truth.
By such, or mediation PA May 4 PA 170a, or hearing, may Mark finally tell me his hard story, I need that closure, then we may assess where to go. It may start with Buggery and our schools, it may lead to the DKE fraternity, it may show such great hurt as Mark and Mr. Garvin and possibly yourselves, have lost it. There is a painful long term sensation-effect from anal activity that to me, or a world as it would be, would be painful: But whose sensation in the Kingdom of God, further enables a closing of mind that makes The Kingdom of God, bearable. Thus these people know they are a part of The Kingdom of God, and yet the pressure on them, as they feel the pressure to recreate the general world rendition in media,  the cited pain of anal practice, kept secret, never dealt with, causes them to take it out on others, in an almost self-loathing utterly uncompassionate sort of way. Yet if we may marshal, our sense of ourselves, as within the Kingdom of God, we may move closer to the truth, and effectively resist the pressure to recreate the world the media sees fit to project; for that is where Justice is grounded. Is this opportunity set up for me? To inspect this whole situation, looking ahead, and constructive? Not seeking to punish, but change a metaphysic. For which everyone may have a story, but how to get one to overcome what is holding back the talking? Are the courts at this rarefied spiritual morality? Do you understand this is about overcoming Totalitarianism? Is there anyway, anyone Ignorant can run such a wide organization? That is an issue, that seeks reducing crime. Your story may have to come first. What isn’t, isn’t.  The arc of history. Do you feel it? Does 2a compel my motions or hearings or mediation or preliminary meetings between concerned, serious, people.
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                                                                                Material Facts
                                                                                   MATERIAL FACTS
1)      If my siblings, shared financial documentation of my mother’s wealth, after she died, there would be no need for litigation. Either 7 million in mutual funds, and revenues from property worth 7 million,  50 apartment units, in Hoboken would be accounted for, or not. If accounted for, then conceivably she trusted them, and not me, in management; if not, then they are being extorted from and the family stolen from. PA 117a pa363a
2)      The latter scenario also makes her paralyzing injury suspicious, as she could not so be stolen from alive. PA361a
3)      The discovery has only accounted for under 2.5 million in mutual funds, and nothing on the revenues from 50 rental units in Hoboken.PA249a
4)      This raises a host of questions about how my siblings can be controlled, and so many silenced who know, and this world of crime enact.
5)      Nor have any emails, reassuring, or suspicious, between my siblings, and Vera, been shared. Nor her last tax returns. PA132a PA121a
6)      This then is not a civil, but a criminal matter; and the way marked, with criminal behavior, ignored by official enforcers of law.
7)      As a man of faith, who forgives through knowledge of the kingdom of god, as that truth is different from the world on paper government goes by, I have tried to parley reasonably on the subject; but there is blindness to criminality, that misses the spiritual and natural enlightenment of the moral. PA Emails104a
8)      This is about control, an analysis of totalitarians = analysis of criminal widespread culture, Hard to imagine, wholesome, so totalitarian and criminal overlap.
9)      Could not be done without criminal judges, emanates from criminal legal system PB 37
10)   Many suspicious items. Just at the outset, there were many disturbing suspicions; I thought a judge would easily see. The will was written in 1993 and unsigned until Oct7 2012, PA. Surely a women whose wealth had grown to 14 million, redid her will as she reconsidered her wealth, improved with age, and grew in character, as she herself told me and others, several times. Surely, siblings would show emails indicating the closeness this will purports. There would be a lawyer involved in any will she actually willed, PA,160A (her 2010 planned consolidation for example). A death bed signing lawyers she trusted to protect. Can’t get her favorite lawyers name through Longtime assistant Lena Belakoiva, who didn’t reach me back. That the will had provisions for her offspring at 30 and 40, shows PB Case, both how she always had stipulations upon her generosity, and how for another era, that will, unsigned even back then, reflected. I thought any judge would see it suspicious a responsible executive did not share this will with me, the seven months after her paralysis.  James Narlesky a local judge in Bethlehem Pa, who drafted it, unsigned, renounced his interest, PA343a, doesn’t respond to letters, pa 345a signed off why, didn’t respond, letters. It was a total surprise to me, as for 6 years I had developed my trade of organic agriculture, and for 5 years, had my own small business therein, selling to restaurants in Manhattan, N.J. and Pennsylvania, managing and recruiting workers, building up a market from scratch, developing quarterly and yearly strategies; of which she greatly respected me; And previous to that, 1999-2003, helping her full time, first managing her properties in Easton, seeing them past inspection, and to sale, handling tenants, having a budget, hiring people I wanted. And then, in Hoboken, being her assistant across the board, with 14 hour days. She liked the way I worked many different jobs in the late nineties, substitute teaching, landscaping, working with horses, in restaurants, bakeries, wholesale nurseries. That I lived in Northern Florida, upon her visiting me, inspired her to buy a winter home in Sanibel, that she loved, and replenished her. That I ran for local office on a platform of making local decisions in peaceful assembly, and argued in federal court 04-366 Judge Thompson, local officials abridge peaceful assembly, and violate the reservation of powers to the state or the people; these things she greatly respected. Over the years, I consistently helped her as much as I could, she consistently desired my help, and my friends were friends with her, and her friends, friends with me, and, as we were both unmarried and gregarious and required help from workers, when we were in the same household, in her Manhattan apartment she loved, (having gone to High School and Columbia there) or in Princeton, where we grew up, or Sanibel, often there were her friends, or my friends, comprising the household. We collectively, over ten years, jointly cared for two standard poodles, and two little poodles, who were essential to household as well. When she was injured, I was by her traumatized and anxious state, 50 hours a week. These experiences are far more diverse and deep than my siblings. I could not even cite any jobs my sister had, until 2009, and she was consistently angry and loving though, with Mark. For instance, when she sold 4 buildings and put the money in a mutual fund, in 2006 or 2007, which we watched grow to over 7 million in 2010, Mark, with his degree in finance, did not let her have the checkbook to those funds, which in hindsight, reflects suspicious management. It would be suspicious, for this, all I’ve done, and with Vera, for my siblings to represent me as a paranoid schizophrenic with no hope of holding a job, as they did, PA81a, especially as you see my conduct.
11)   And while she wanted me helping the business as much as possible, generally, Mark, (for Veronica has returned to New Mexico) doesn’t include me in the business, Managing property, or mutual funds, investment, probably to shield me from the people actually running it, and its nature now. and seeing the theft stolen.
12)   Then there is the chilling fact, when I was in Saratoga New York making cheese from goats, and raising chickens by the hundred, learning new skills, she called me a few days before her injury, very concerned, saying she never felt so worried, and would I immediately return home. Mark who was unemployed in 2008 and 2009, began helping in Hoboken in January 2010, and Veronica, and her family moved to Princeton in June 2010, and then she had her injury in August 2010 and documentation or evidence her wealth is in the family, not seen since. I don’t think the math is hard to do. I think her close first-hand experience of my sister’s family and way, and her experience working closer with Mark, had her change her will, again, to put me totally in charge; and this necessitated her demise.
13)   Law is for isolating, not close-knit commonly reasoning together communities. When law is enforced by government, criminals get behind the enforcers and hide and are enabled.
14)   As a party, my siblings are incompetent deciding the scope, of representations, or deciding to be honest with me, blaming others who oppress them; their children vulnerable by same means, and spouses therein, ignoring the third party liability of Mr. Garvin who advised lying to probate, and not recognizing discovery, as he was their probate attorney, who signed not official papers. IF they could manage their affairs, they could admit money gone, or prove they have it, that there isn’t then a controlled network.
15)   Judge Velazquez never overtly recognized this action was never against my family, but to make sure they aren’t long taken advantage of. This was unjust. PA334a
16)   Law enforcement has not investigated this, despite meetings with FBI agent McCarthy of Hamilton N.J., Mercer County Prosecutor’s Office agents, Princeton Township police, where the injury occurred, and Hudson County Prosecutor agents; nor Hoboken police, who must be know something.PA358a
17)   They could have tailored a will to 2010, in the seven months after her injury, she was alive. Vera’s emails from April 2010 state clearly she wanted six million in a fund, with principle to never be touched, whose revenue would be used for education, business start-up, family vacations, younger and future generations to benefit from her legacy. PA153a , friends would have benefitted, Ginadi, for instance, Robert, Tommy, Marlowe Colleen Vinny, Theasa, Family members, surely aware of her friends, Valyas, she was benefactor to many, closer to them than Veronica, is some interactive ways. SO this can expand to the unborn and join others.
18)   A trial is important because a jury could see these suspicions.
19)   Different signatures, between Print and Signature, call will witnesses, Inquire and pressure defense, reassure people who know, ensure subpoena, give Vera the County she lived in, Investigate Probate Fraud, call those who may know of later wills. These things did not happen. I feel there were many later wills, ascribing more and more to me, the more I did that made her proud, as all her friends know, too.
20)   Many people know Vera always gave guidelines to her financial help, concerned about her legacy.
21)   Mark can’t speak honestly in this situation, maybe you can’t either, he does what fits the situation. In the interrogatories, he says, Vera didn’t want the cost of a lawyer coming to the hospital, and claim that is of sound mind under oath, for one worth 14 million. And how can one be of sound mind when as someone who helped the nurses in rehab whole shifts, she was on Xanax, Percossets and Trasydane. If she was of sound mind she would not have needed that medication.  Vera was very anxious, as medical records would show.
22)   At the May 4 hearing, it was said I had no casework, then insensible casework PA265a+ Judge Velazquez, despite several cases on the subject at hand, then claimed it was insensible. This captures the unfairness new trials are based on. PB Statutes, Cases.  Can a judge be on the up and up on other cases? How could he and such misbehavior, be tolerated as one of you, unless you too are prone to the same lack of honor, and shouldn’t we examine the institution that structurally has embedded these misconduct behaviors? As a farmer, among other farms, we put pressure on each other to be more honorable; for the wholesome farm, that offered free ice-cream and hay bale jungle gyms, to be more wholesome, for my farm, to help and teach more troubled people farming, for declining farms, to raise their spirit and faith in agriculture. Rather than each court competing in brand and way honor, there’s a wholesale negating and ignorance of pride increasing the depth of the experience of the judicial market. As a profession, the judiciary, has serious industry issues, this case has a chance to examine; but for to help, I deserve recognition, and to be worked with, not shunted, and the obvious ignored, when the profession, justice, is not to ignore; even if it structured, whereby control of judges facilitates crime.
23)   Before her accident, I had a trust from her father that had 80,000 in it, now access limited, unknown how much here, how much there, them, no sharing figures, I would share my agri-business figures, the trust supported. Vera told me her yearly incomes, shared quarterly reports, now there are none. What I was next to, is dead and taken from me.
24)   Veronica had been given hundreds of thousands of dollars, didn’t have a job that I knew of until for less than a year in 2009, and was looked down on for it by Vera. Yet she is, on paper, a voting member and can access the estate and business, and runs the house in Sanibel.
25)   I start to see a system that supersedes law enforcement, ignores the obvious, hides crime.
26)   Are my siblings in danger if they implicate others? Are their children vulnerable to control. This is why I must hear the story to judge for myself, without power, wisely.
27)   When I managed Vera’s several properties in Easton PA in 1999 and 2000, passing inspections, renovating them for sale, I found prostitutes living in apartments my brother managed, and worry our Hoboken properties have the same activity. Prostitutes may be used as bribes, and to blackmail and coerce. I am worried my brother and sister were sexually abused young, and the tight control this requires, maintained up to the state today, and long intended for the eventual murder and theft.
28)   Many people aware of the situation have not responded. PA250,252a Again how can they fear reasoning with me.
29)   Summary dismissal was grounded in not having medical records from Kessler when she signed the will. Opposing party as executor could have gotten those records. Jude Velazquez seemed ignorant on how extensive those thrice daily records are recording her state. I subpoenaed that information, and did not obtain it. They are intimidated and require court help producing records. Those records will show Vera was in no state of mind to sign that will. As would the witnesses. No lawyers signed the will.
30)   Subpoenas to her tax accountant, Alan Stockleberg, PA 252a were not complied with, The Court, or Executors may help, but evidence must be shared.
31)   Mr. Garvin seems the driving criminal controlling exploiting engineering force behind this. I believe he has known Mark many years, at least since DKE fraternity at Lafayette, where exploitation could have been further secured, along with others, through the condign of depravity and sexual manipulation. He was responsible for probating in Hudson County and had Veronica and Mark lie on probate, to save time and money, they claim, as that her drivers license listed her P.O. Box, but this latter was so her long-time executive assistant Lena Belakoiva, who must be threatened and turmoil by this, could forward Vera’s mail, to Sanibel Florida, where Vera spent months at a time, or Princeton N.J., as she preferred working out of Princeton, yet wasn’t always there. Again, the obvious situation and ensuing silence and cover up implies wide network oppressing many, through judges, whom it is hard to believe would go along with injustice, anymore than my siblings or officials. Thus criminals behind everyone, immoral culture, and or metaphysical totalitarian control creating this story about our country, state, and society.
32)   When Superior Court is to hear disputes, or simply Rules are to be followed, I think Superior Court in Domiciled County is expected. Shouldn’t there be fines for people of not following Subpoenas of 50.00? 3B2:8 Failure to follow Subpoena. And if subpoenas go through surrogate court, would that mean Surrogate Court can resolve there is not a dispute before it, but outright fraud regarding where deceased spent nights, the claim of Hoboken apartment, outright lie, advised by Mr. Garvin, who gets no blame for this. Does the Statute on Fraud 3: B: 1-9 imply other suits upon all involved in this sordid matter? What does lie ahead? Is he secretly more than tax lawyer? There are no records on the business in two years, of monthly revenue and cost.
33)   In the last hearing PA318a, defense claims a psychiatrist saw Vera before signing, without giving the name of or notes from the psychiatrist.
                                                                                                     Procedural History
                                                                                                  PROCEDURAL HISTORY

Vera Fedorov was paralyzed into a quadriplegic Aug 17th 2010, at night from stairs. She passed March 22 2011. I was working organic farming in N.Y.  and by her side 50 hrs. a week upon her injury. I was shown a will from 1994, that was only signed in 2010 only 2 months after she passed. PA 68a Vera was worth 14 million dollars. Surprisingly the will PA put her estate in my younger brother and sister’s hands.PA 48a I had worked with and lived on and off with my mother extensively since 1999. PA28a, 215a The circumstances of her demise and legacy became increasingly suspicious. 13a,14a PA I waited futilely for their conscience. The will was probated in Hudson County, June 22, 2011 though she never spent nights there, dividing up her time in periods of her Manhattan apartment, when she worked in Hoboken, her house in Sanibel FL, where she spent months at a time, and her house in Princeton N.J. Mercer County, where she was registered to vote, and was the address for her income tax. PA186a PA28a She spent no nights in Hudson County. I submitted a letter of complaint Nov 20 2011 in Hudson County.
A hearing was set for Jan 13th. A bomb threat moved it to Jan 27th. My goals for the court was facilitating discovery to see if her money was still in family and extorted or gone. There was only discovery for fewer than three million of her estate. Her last tax returns were not shared. The revenues from her properties in Hoboken not included in the estate, or seen, or emails between my siblings and Vera in the months before her injury. My sister moved from New Mexico to live in Princeton with Vera June 2010. My brother started helping in Hoboken January 2010. The problem has always been a complete lack of honesty as to the situation.
A clerk to probate called me in late December asking what the January hearing should be titled. Maybe I should have had it focus on proper venue per R.4:80.  I focused on enabling discovery through a general concern of the courts, and my concern my siblings were controlled by criminals behind then who were now running Vera’s legacy. Judge Olivier equivocated running the estate with “paying the bills”, giving little heed to the critical factor of how trustworthy competent and oppression by criminals, and kept my siblings as executors until trial. Pa262/3a
Discovery was did not account for 75% of my mother’s wealth. A hearing to reconsider who was executor was set for May 4th. I brought email evidence from April 2010:pa152a Vera writing that she wanted 6 million set aside for family use, younger and future generation’s education or business investment and family vacations with the principal never to be touched. Also legal documents showing her intention of consolidating her three LLC’s into one Florida LLC that showed her natural normal reliance upon a lawyer, making the lack of a lawyer’s signature upon the 2010 signing suspicious. Also Joyce Bogart signed her name, “Bogert”. Judge Velazquez ordered mediation. Sitting down with a third party to try to attain honesty is no lay up in all the lies. Ideally if my brother could be honest we can work through this together. He wouldn’t be a part of murdering his mother, and money taken from him, without enormous third party liabilities. Regardless of his relations to criminals, He shouldn’t equate me with the police, but let me help.
Judge Velazquez, who replaced retiring Judge Olivieri, found nothing suspicious here on May 4 2012. PA265a I set a hearing to change the venue per rule 4:80 on July 19th 2012. Here the judge said too much water had passed under the bridge for this, PA 177a,227a, and he denied the change. I had asked for the assignment judge to hear this motion, in the form of an emergent appeal to Judge Payne,pa233a who said there was no evidence Judge Velazquez would misbehave. I appealed this ruling interlocutory. PA380a
Defense set a hearing for August 10th for summary judgment, which resulted in dismissal, as Elinor Taylor, at Kessler Institute, did not provide subpoenaed documents, as none of the five entities responded to my subpoenas. As executors, they could have procured the elaborate thrice daily documentation of my mother’s heavily medicated, traumatic and anxious condition. Indeed, in probate application, Mark and Veronica swore Vera suffered from no restraint PA 202a, 204a when in fact she was paralyzed from above the breast, down. Her incapacity was noted thrice daily, elaborately. Despite court and executor capable of providing me with evidence, and rule 4:45.5a,b facilitating evidence, I am dismissed by a Jurisdiction, that I think, never lawfully admitted papers of administration to begin with, and doesn’t share evidence they are responsible for, as court and executor. This is an unfair conspiratorial inclination. As such, how can I expect probity from Mark, when he is under a judge he knows otherwise.?
Their response to my interlocutory appeal was that as the case was dismissed, the interlocutory appeal was not valid. pa416a, 415a This is simply vexing argument not based in law. When the appeals court anyway, denied my interlocutory appeal, and I appealed that to the N.J. Supreme Court, PA 422a Supreme Court ruled that as the appeal of summary judgment was before Appellate, the motion to change venue could be challenged in appellate Court. PA 432a
My motion to appeal  to appellate was accepted, PA407a, PA418aI filed a brief Nov 16th. PA433a On Nov 29th, Appellate told me I had 15 days to redo the brief to conform to rules, which this constitutes, an appeal of the summary Judgment dismissal of Aug 10, 2012. My father, a hoarder, required 2 dumpsters get his property up to health code, an important project I was engaged in, at the time the revision form came in, and I could only start these revisions Dec 12, for which I filed a motion to file within Time, Dec 18, 2012, missing Dec 17 by five minutes the day before.
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                                                                                           STATUTES

To

   Cases, Statutes and Rules
D’atria v D’atria, 242N.J. Super.392, 576,A.2d 957 (Ch, Div. 1990) “ Reconsideration should be utilized for those cases which fall into that narrow corridor in which either, 1) the court has expressed its decision based upon a palpably incorrect or irrational basis, or 2) It is obvious that the Court either did not consider, or failed to appreciate the significance of probative, competent evidence….
“If a litigant wishes to bring new or additional information to the Court’s attention, which it could not have provided on the first application, the Court should, in the interest of justice…and sound discretion, consider the evidence.”
                                              ———
“In the Matter of the Estate of Vivian Fassett, 03-02-12 before judges Cuff and Waugh, on appeal from the Superior Court of N.J. Ch Div. Probate Part, Ocean County, Docket # 188933, Boiling v. Capers
Generally the law requires only a very low degree of mental capacity for one executing a will. The trial court must determine whether the testator comprehended the property of which she would dispose, the recipients of her property, the act of executing the will, and the relation among these factors”
“Rather the influence must amount to a mental moral or physical exertion which destroyed the free agency of the testator by preventing the testator from following the dictates of her own mind and will and accepting instead the domination and influence of another”
“The burden of proving undue influence is upon the person asserting it, and it must be clearly established…(undue influence) must be sustained by clear and convincing evidence, once a presumption of undue influence has been established the burden of proof shits to the proponent of the will, who must under normal circumstances, overcome that presumption by a preponderance of evidence, Haynes , supra, 87 at 177-78, Hence if the will benefits the one who stood in a confidential relationship to the testator and if there are additional “suspicious” circumstance, the burden shifts to the party who stood in that relationship to the testator, estate of Stockdale, supra, 196nj, at 303.”
Diodata v. Camden County Park Commission, 136 N.J. Super. 342, 346, A,2d 100 (App. Dic. 1975)
       “While venue provisions may be subject to change upon a showing of proper circumstances, they do express strong policy considerations not to be lightly regarded”
Gray v. Cholodenko 34 N.J. Super. 190, 111, A.2d 918 (App. Div. 1955)
A perjurious deposition, purposely false and willfully given on part of an attesting witness in proving wills, if proofs are clear, convincing and satisfactory of perjury, will be held fraud upon the cost and ground for vacating such probate decree.”
State v. Collins, 2 N.J. 406, 67 A.2d 158 (1949)
“Motions for a change in venue in criminal prosecution or civil action or for a foreign jury are addressed to court’s sound discretion guided by law, and exercise of the discretion cannot be arbitrary, vague or fanciful” 
Forrest 158 N.J. 428, 436, 730 A.2d 340, 344, June 11, 1999. “Misrepresentation to a tribunal, ‘is the most serious breach of ethics because it affects directly the administration of justice.”
Petrey v Flaugher D.C. Ky 1981 505 FSupp 1087
                               Rules of the Court
Rule 4:80-1: C (c) “The application for probate of a will for letters of administration shall be filed with the Surrogate Court of the county in which the decedent was domiciled at death”
Rule 4:3-3 Change of Venue in the Superior Court: a) By Whom ordered: Grounds. In actions in the Superior Court, a change of venue may be ordered by the Assignment Judge, or the designee of the Assignment judge of the county in which Venue is laid…..
        1) If the venue is not laid in accordance with R.4:3-2, or 2) if there is substantial doubt that a fair and impartial trial can be had in the county where the venue is laid or 3) for the convenience of parties and witnesses in the interest of justice.
4:83 a) Where the surrogate’s court may not act. In an action brought because the Surrogate’s Court is barred from acting by 4:82, venue shall be laid in that county.
4:82 Matters in which the Surrogate Court may not act….1) a caveat has been filed in it before the entry of judgment 2) doubt arises on the face of the will…3) the application is to probate a writing intended as a will…4) The application is to appoint an administrator…5) A dispute arises before Surrogate Court as to any matter 6) The surrogate certifies the case to be of doubt or difficulty.
1:9- 1 A subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk.
4:26-2 a) Representation by guardian…a minor or mentally incapacitated person shall be represented in an action by the guardian of either the person or the property…..or if no such guardian has been appointed….by a guardian ad litem appointed by the court..
        4- The court may appoint a guardian ad litem for an…Alleged mentally incapacitated person on its own motion.
4:50. 1) …the court may relieve a party….from final judgment or order for the following reasons; c) fraud…or other misconduct of an adverse party..
4:95-1. Order to Compel Production of Purported Will
A summary action pursuant to R. 4:83 for the discovery or production of any paper purporting to be the will of any decedent, which has not been offered for probate, may be instituted by any person in interest by filing a complaint alleging a belief that any person has the paper in his or her possession or has knowledge of its existence or whereabouts. Upon the return of the order to show cause, the court may order such person to appear before it and make discovery as to his or her possession or knowledge of the same, by the examination of such person and other witnesses, and may order any such person possessing any such paper to lodge the same with the court for probate. If the will is produced on or prior to the return date of the order to show cause and no objection is received, the Surrogate may enter an order that it be lodged for probate and thereafter proceed with probate of the will unless a caveat thereto has been filed or doubt arises from the face of the will. If the will is not produced prior to or on the return date, the court may enter such order and take such further proceedings as deemed appropriate.
R.4:8 Third Party Practice, Third Party Liability
R.4:46-5a,b Specific Facts Required of Adverse Party unless Affidavits are Unavailable: When a motion for summary judgment is made….if the adverse party does not so respond, ….unless it appears from affidavits submitted, for reasons therein stated, that the party was unable to present by affidavit facts essential to justify opposition, in which case the court….may order a continuance to permit…additional discovery to be had….
R.R.26-2 a) …a mentally incapacitated person shall be represented in an action by the guardian of either the person or the property, appointed in this state.
-3 Virtual Representation of Future Interest.
a) Representation by Presumptive Taker In an action affecting property in which any person in beng or unborn may have a future.
R. 1-9-1 Subpoenas, A subpoena may be issued by the clerk of the court, or by an attorney or party in name of the clerk….
1:9-2 “A subpoena…may require production of books, papers….., documents…
R.4:50-1c: Upon motion, with briefs, and upon such terms that are just, the court may relieve a party…..from final judgment or order…for the following reasons, c)fraud….misrepresentation, or other misrepresentation of an adverse party.
                                       Statutes
2c:5-2e Conspiracy: Renunciation of purpose. It is an affirmative defense which the actor must prove by a preponderance of evidence that he, after conspiring to commit a crime, informed the authority of the existence of the conspiracy and his participation therein, and thwarted…the commission of any offense in furtherance of conspiracy…
3B: 1-9 Effect of fraud and evasion
       Whenever fraud has been perpetuated in connection with any proceeding or in any state filed under this title….any person injured may obtain appropriate relief against the perpetrator of the fraud, or restitution from any person benefitting from the fraud, whether innocent or not.
3B:2-2 General authority of Superior Court as to probate matters
     The Superior Court shall have full authority to hear and determine all controversies respecting wills, trusts, and estates, and full authority over fiduciaries, and also authority over all other matters and things as are submitted to its determination under this title
3B:2-3 The Superior Court shall have jurisdiction to hear disputes or doubts arising before the surrogate or in the surrogate’s court of a county, to review any order, determination or judgment of the surrogate or surrogate’s court of a county and upon the review, to hear and determine the matter, and to grant relief from…..any order, determination or judgment of the surrogate…
3B: 10-13 Duty to apply in this state for original letters of administration
               ….Any person having knowledge of the grant in a foreign jurisdiction of original letters of administration upon the estate of a person dying resident in any county of New Jersey, shall give information thereof to the Superior Court.
                    The court may direct the clerk of the court to issue and have served subpoenas or an order to show cause requiring the appearance before it, ….., of any persons having any interest in the estate, and commanding them to abide the order of the court. The matter of the grant of letters of administration shall be wholly within the jurisdiction of the court.  
3B:2-6 Oath; Affidavit; deposition or proof.
            Any oath, affidavit…required to be made or taken in any proceeding before a surrogate, …..may be made and taken before the surrogate or before any individual authorized by law to administer oaths.
                                        
3B:2-7 A surrogate may issue process of subpoenas to any person within the state to appear and give evidence.
3B: 3-10 Later writing incorporated in will. Vera had spring 2010 email setting aside 6  million principle to be untouched, revenue for future generations, wide family.
3B 3-29, compelling discovery of will must come county domiciled in: add
R.P.C.1.6 Candor towards tribunal, lawyer not allowed to perpetuate fraud on tribunal.
R.P.C. 3.3 a 2 pa 307 lawyer can fail to disclose material fact.
. 3B 1-9
3B:3-17, The Surrogates may take depositions to wills before granting letters of administration. People need to feel protected. Murder and oppression, intimidates and causes an incapacitated form, N.J. Should be quicker to recognize.
3B:3-29 Only the Superior Court of where deceased resided has the power to compel discovery as to the whereabouts of any paper purporting to be a will deceased who died a resident of the county. True inquiry cannot come from Hudson County Superior Court, therein, regarding.
RPC Rules 8.2-8.4 review a lawyers obligation to turn in corrupt judges, not deceive, or make false statements, engage in prejudicial conduct, commit criminal acts reflecting adversely on lawyer’s honesty,
DR 7-102 another host of rules, when I believe false evidence or testimony, advancing defense of criminals which no law supports cover-up of murder, murder, extortion of Defense. And B) Require rectification of fraud by client
Advising fraud and lying RPC 3:4 B and F, because third parties are kept silent.,
Judge towing party line too easily, calling filings insensible. Rules 1.6.b2, beyond reasonably belief, RPC 3.3a2 lawyer assists in crime, not reporting fraudulent acts, such as description of me, or misrepresenting will a defense.
3B14-21 Removal For Cause
The Court may remove a fiduciary from office when
c) He has embezzled, wasted or misapplied any part of the estate committed to his custody, of he has abused the trust and confidence reposed in him.
e) He is of unsound mind or mentally incapacitated for transaction of business.
3B:3-23 Proof of Execution Required in Probate Action
If the issue as to the execution of a will arises in a contested probate action, the testimony of at least one of the attesting witnesses, if within the State, competent and able to testify, is required
3B: 2-7 A surrogates may issue process of subpoenas to any person within the state to appear and give evidence in any matter pending before surrogate’s court
3B: 3-10: Any writing in existence when a will is executed may be incorporated by reference if the language of the will manifests this intent and describes the writing sufficiently to permit its identification.
3B:1-2 “Incapacitated individual” means an individual who is impaired by…mental deficiency to the extent that he lacks sufficient capacity to govern himself and manage his affairs.
3B: 3-7 Any individual generally competent to be a witness may act as a witness to a will and to testify concerning execution thereof.
3B: 14-45 Discovery of Assets in action against Fiduciary
The court may, if it shall appear that a fiduciary may have wasted, embezzled, or misapplied the estate entrusted to him, compel discovery to be made of the condition of the estate by the production of books…documents, relating to the estate, or the examination of the fiduciary and other witnesses.
3B: 3-29 Order to Compel Production of Purported Will
The Superior Court shall have jurisdiction to compel discovery as to the existence or whereabouts of any paper purporting to be a will of any decedent who died a resident of the county, which has not been offered for probate, and to require the paper to be lodged with the surrogate of the county for probate
.
Candor towards Tribunal.
R.P.C. 1.6(b)(2) N.J. Rules mandates disclosure to prevent a client from “committing a criminal, illegal or fraudulent act that the lawyer reasonably believes is likely to perpetrate a fraud upon tribunal.
R.P.C. 3.3 (a) (2) “A lawyer shall not knowingly fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting an illegal, criminal or fraudulent act by a client.”
Forrest 158 N.J. 428, 436, 730 A.2d 340, 344, June 11, 1999. “Misrepresentation to a tribunal, ‘is the most serious breach of ethics because it affects directly the administration of justice.”
RPC 3.4 A Lawyer shall not, a)…obstruct another party’s access to evidence…b) assist a witness to testify falsely, f) request a person other than a client refrain from voluntarily giving relevant information to another party.
2C:5-2 Conspiracy
1) (person guilty of conspiracy, when agrees with such other person or persons that they or one or more of them will engage in conduct which constitutes such crime….
RPC 8.4 It is professional misconduct for a lawyer to:
b) commit a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness or fitness as a lawyer in other respects.
d) engage in conduct that is prejudicial to the administration of justice.
DR 7-102 A) In his representation of a client, a lawyer shall not:
2) Knowingly advance a. ..Defense that is unwarranted under existing law.
3) Knowingly fail to disclose that which he is required by law to reveal.
4) Knowingly use perjured testimony or false evidence.
B) A lawyer who receives information clearly establishing that:
1) His client has…perpetuated a fraud upon a person or tribunal shall promptly call upon his client to rectify the same, and if his client refuses….he shall reveal the fraud to the affected person or tribunal.
1) “
RPC 1.2. Scope of Representation and Allocation of Authority Between Client and Lawyer
(a) A lawyer shall abide by a client’s decisions concerning the scope and objectives of representation, subject to paragraphs (c) and (d), and as required by RPC 1.4 shall consult with the client about the means to pursue them. A lawyer may take such action on behalf of the client as is impliedly authorized to carry out the representation. A lawyer shall abide by a client’s decision whether to settle a matter.
RPC 3.4. Fairness to Opposing Party and Counsel A lawyer shall not:
(a) unlawfully obstruct another party’s access to evidence or unlawfully alter, destroy or conceal a document or other material having potential evidentiary value, or counsel or assist another person to do any such act;
RPC 3.2. Expediting Litigation A lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client and shall treat with courtesy and consideration all persons involved in the legal process.
(a) seek to influence a judge, juror, prospective juror or other official by means prohibited by law;
RPC 3.3. Candor Toward the Tribunal
(a) A lawyer shall not knowingly:
(1) make a false statement of material fact or law to a tribunal;
(2) fail to disclose a material fact to a tribunal when disclosure is necessary to avoid assisting an illegal, criminal or fraudulent act by the client;
(3) fail to disclose to the tribunal legal authority in the controlling jurisdiction known to the lawyer to be directly adverse to the position of the client and not disclosed by opposing counsel;
(4) offer evidence that the lawyer knows to be false. If a lawyer has offered material evidence and comes to know of its falsity, the lawyer shall take reasonable remedial measures; or
(5) fail to disclose to the tribunal a material fact knowing that the omission is reasonably certain to mislead the tribunal, except that it shall not be a breach of this rule if the disclosure is protected by a recognized privilege or is otherwise prohibited by law.
                                        
     

Druids, Galls, and Plebes

December 26, 2012

Let’s depart from the notion there is something ubiquitous or divine about our Judiciary; by comparing it with judicial practice among the tribes of Europe in the millennium before Jesus Christ. The importance and relevance of History may be; to change our cultural institutions, we need historical perspective for vital relativity.

Now, the following information, on Gallic and Germanic Tribes, from Italy to the sea north of Germany, is gleamed from Julius Caesar’s Account of his Gallic campaigns, whereas Governor of Gall, he was incumbent to disputes and peace, so on a ten year campaign there he was, also keeping a book about it.

He described the Germanic System of Justice, as Druid based. There are three distinctions between Germanic Tribal Life, and a Constitutional Republic, herein, that there were a class of wealthy and hereditary knights, who made laws, and led laws; and then, a class of druid-educated druids, who became a life-long occupation, accepted at age 20, into a spiritual-justice division of Society, raised then, and educated, 20 years, until a master-druid at 40, for another 20 years. The third distinction, is that in tribal life, where each tribe had a large county, or several, the system was such, that one spent the one year in agriculture, and the next one in the military and so on; And also that one’s agricultural years, were generally in different places each time; moving around was a good, an elemental part of mutually benefitting pagan tribal society.

But there are a few more things that can be said here, as well as may be derived from this information. For one thing, in pagan times, sacrifice to palpable phenomena like Diana the Moon, or Vulcan the Fire; as such, the wars, the aloof upper class knights led, may equal a sacrifice engineered by and through their ancestor gods, in understanding the pagan universe; whereas Druids, judging with spirituality, conflicts of states, and individual’s, with degrees of power stemming from Druid Conduct, were also looking for human sacrifice, the pretext, thereof, a part of pagan practice, the secret of the west has taken away, and placed, just as covertly, in military and judicial apparatus; whereby, in the sense our judges are life-long, so were the druids; and as the druids cast in a net seeking sacrifice, so is our judicial system cast. The critical difference being that in classical times, while classifying Justice, with The Spiritual, and Truth, of some knowledge of Tribes being run by their own in Heaven, or the state of human being, in soothe, like some kingdom of god, Justice itself was focused on, but punishments perhaps routinely more severe.

Now to the south of the Germanic Tribes, across the Rhine, and into Switzerland and northern Italy were the notorious Galls, in some ways, the polar opposite of the regimented German. For instance, the Germans had a law promoting a sex age of 21, the galls, had a gambling streak, that led to people betting themselves, and Caesar himself noted, nothing could spread a rumor, like the galls. At the same time, they were long-haired large boned mountainous people, who were the only ones ever to siege and sack the Roman Republic.

Their system of Justice: They had knights and legislative leaders, but they despised the hereditary and desired a system by merit. (In this way they had a very impetuous, Grecian streak) Likewise, Conflicts, or Disputes, were desirable fodder for remedy by ambitious galls seeking to amplify their leadership; to have helped more people, and have more people helping them; and remain popular with such leadership. For leadership was no long term deal; upon unpopularity, others leaders, swiftly recoursed to. This was another notable impetuos streak, of swiftly expressing dissatisfaction and demanding someone else, they could thus ratify better. Back then, the people spoke, through their representative leadership, through public ratifications, or rejections, of proposed legislation.

Thus Justice and conflict resolution was ambitiously treated in Gallic Society, and the people could see who to turn to, how they are considered; The Gallic Towns, usually had circles, councils, that invited roughly half the people to, a mandatory large quorum for ayes and nays, of ratification of foreign issue, and dealing with current daily local issue.  Likewise, anyone who wanted to attend the councils, or circles, was welcome. From here, we may also surmise, tribal associations handled Justice as well, and the quest for leadership, among more public controversies, that might test larger limits, of metaphysical, historical relation.

To relate Gallic Society to the American Judiciary would be very interesting, and demonstrate a palpable Gallic streak in America, I discern. Whereby, one would end judges, and replace them with a competition among lawyers at conflict resolutions, whereas conflicts resolved by lawyers, were shared with the people and judged popular or not; thus the popular conflict resolvers could keep going, and unpopular ones, not ratified, and new people given opportunity

This briefer duration of Service, would ensure more having had judicial temperament and opportunity to do well. It would provide more openings for conflict resolution, as more lawyers could be called upon to work things out in correspondence to a popular ratification. Likewise, making of public interest, and conflict resolution a popular concern, there is a certain activity of rationality, exercising the Gallic mind.

The Gallic and Germanic Tribes had similar and different Gods and Goddesses. They had intermediaries between the physical, and pagan universe of tribal members in Heaven, who represented the tribe in Heaven. Atheism was not a presupposed basis for Justice.

In the roman republic, for centuries, there was no justice system. Then, for folly and corruption, the soldiers of the army went on strike, and famously camped on a hill, refusing to return unless offices of Tribunes, were created, specifically aimed at, with powers to punish, those of the legislative and  executive branch, who were Patricians only; Thus the Tribunes more naturally Plebes only. Thus class collusion was addressed head on, in a discussion of Justice, and, we must note, this justice system, through ten tribunes, though the numbers varied, was more a check against the legislative and executive branch, than Justice among Individuals, still probably handled in tribal association, as one of Rome, was one of thirty tribes, each of with, some tribal lands. America’s destiny, lacked European tribal association and practice. The Druid had a capacity to exert a weight and check upon the Senate and Knight. Yet there is a great discrepancy between a historical, and spiritual account of Gall. The Historical and Spiritual world are kept quite separate, with their own agenda’s and goals, yet these are more metaphysical, than we might be led to believe. While the Roman Republic, by law, liscenced almost all religions, and promoted many holiday tributes to Jupiter, and Mithras and most of all Mars; can we say the religious spiritual impulse, was tended most within the tribe, and the Roman Republic, outside that tribe, even while commanding it?

The tribune, like the democrat, was raised in the interest of the people against a corrupt upper class, and yet, like judges today, swiftly corrupted, and unfit to advance the people, except in rare prosecutions of outrageous upper class leaders. The ideals of the Tribunal system, such as more agriculture, less war, perhaps, more Tribal input, were swiftly compromised in class war grounded in property redistribution, rather than lower common denominators.

How this compromise, is this; in the more legal, lawful, and stately world of the republican roman tribes, this codification increasingly and purposefully usurped tribal council, and popular means and expressions (till fragmented to this day). With this system, of law, the criminal could hide behind a legal system, by controlling judges. This is a problem with life-long appointment. Judges then, subjugated people, subjugated profession, by very elements Justice, swore against. But then to take it one step further; why has this not come out? The initiation of reform, by the judicial element, or for the experience of lawyers, and journalistic expression? That makes no sense either; how such constitutional structure, must come with its own element of crime: Impunity upon Humanity: How could ye hide so long? If judges and lawyers have a story to tell, how far back can it go? At some point, while the oppressed are imagined, perhaps seen, the oppressors are hidden, and hard to imagine. Are they real, or Chimeras? Can we gain control and stop the situation?

Therefore it is God. God controls everyone, everything, even the very absence of this information:  Because God is imposing a totalitarian system upon our Society; a historical. Meta-physical ,condign, extra-tight, with complicity of our very own ancestors, long looking after us, to this, so: And to take this one step forward,  the metaphysic, or historical creation; every crime and prisoner, controlled by God, the willer of all things, including the design of Individualism: As the judiciary be a form for covert sacrifice, as ancient societies were open about such terrifying aspect. Thus to solve crime, the causes of crime, is a break from a duplicitous system of Sacrifice, as much as a step to Justice, Truth, Metaphysic, Safety.

The problem at the moment, being the acceptance, they are, people are, controlled by God; can that be accepted? And if it is, where does it take us? Is there some rearrangement of Society? Is a spiritual context possible in today’s courts? What if the Kingdom of God is shown in a hearing?

This is what totalitarianism is. Everyone is controlled by God, little, or nothing, is let loose. Totalitarianism is a communion with a heaven that ultimately is in charge of its descendants upon earth. Justice, to be called Justice, must at least be aware, of separate distinctions, of Truth, of Deceit.

At this rate, our top leaders are being metaphysically controlled. By extension, it is hard to think outside of media psychic projection. You have to ask whether this control, of Judges, Tribunes, Leaders, Criminals, is strictly higher power, or mind-control steps are involved, as postulated by people like David Icke, who said, Princess Diana’s Death, was a sacrifice to Diana, as the tunnel was an old place of sacrifice to Diana, and she was kept 95 minutes in the tunnel, after the crash. David Icke talked about how her body guard chauffeur was under mind controll, in order to behave and change a few little things he did.

More grounding is the notion, with our top leaders, controlled, if we are aware of that, what will happen, can we be aware of it enough to change it? To take this investigation farther, let us ask ourselves, “Do people seem programmed?” In general, presidential candidates, presidents, people? And the answer, by me, definitively is yes, people definetely do seem programmed, in particular and in general. So then we have to ask ourselves, how are they programmed. And if we are realistically to  think about this  sort of thing, programming must occur through something more powerful than the people, operating through a mind that operates people, through microscopic, or wide funnel, through someone willing such what  happens, through an impression on general mind, tight in controll, and sufficient to dictate and govern, desired behavior, speech, assumptions.

This mind-control is heavy impressioning my mind. Might we conceive of a different representation of human beings in pagan times, a more honest impression upon mind, a greater communion with the ancestors looking over us, a greater visibility to darkness of the night sky? The metaphysical relation, between Tribe, Ancestor, and other Powers, must be reestablished, though it can be said to have never ceased, merely, totalitarianly, kept from this domain. Simply, being able to see this, is where change should start; a unification of mind, on earth, insofar it takes, in examination, of what they called, Spades.

Future memoranda: memo1, the true state, the “state” the artificial imposing state, upon the human, is the state of the beings; from there, we get political states. Memo 2) Is this why we have judges; does metaphysic, (that we are this way, what can we do?) go to the role of whose entrusted with it? And are judges entrusted with it? Can anyone be entrusted with it?

One mistake I made in this essay: Roman Republic Class War, (the first 600 years) was nothing compared to the Greek Class war. Roman class war is like the rich have to let the poor decide whether they will support the romans or carthoginians. Roman class war is like will the girl  choose the rich guy or the poor guy? Roman class war is eternally demanding redistribution of land. Greek class war is like, the poor slaughter all the rich. The Rich execute all the poor leaders,

This interlocutory appeal to change the venue, was denied by N.J. appellate, and pending in N.J. Supreme Court

November 4, 2012

First, the motion letter

Superior Court, Appellate Division

Docket No. 303136

 

In the matter of the estate

Of Vera Fedorov, Deceased

 

Vic Fedorov Pro Se Appellant

219 Yardville-Allentown Rd

Hamilton N.J. 08620

201 232-1154

v

Veronica Savage, Mark Fedorov

C/o Ron Fraioli Esq.

304 Hackensack St

Wood-Ridge N.J. 07075

201 438-5522

 

Notice of Motion for Leave to Interlocutorily Appeal

Order not Changing Venue, of July 19th 2012, by Judge

Velazquez of Hudson County Superior Court per Rule 4:80

 

To The Appellate Court of N.J. From Vic Fedorov, Pro Se Appellant:

Through this brief and appendix, we seek to inlocutorily appeal, the decision of a Hearing by Judge Velazquez to deny the changing venue to Mercer County, where Vera Fedorov was Domiciled.

Lying on Probate that Vera had an apartment in Hoboken, when her death certificate said Princeton, does not follow rules, undermines credibility, and is not a dispute or controversy for Superior Court to determine. There is nothing to determine. It is obvious and uncaught, shows rarefied judicial airs. There are not two sides to this like a dispute. It is fraud. There is nothing sensational to this, it is not a controversy, it is a wrong. It is not in dispute being too material and verifiable crime. There is nothing to Determine, Superior Court is left with merely discharging and disposing of its duties. Fraud does not rise to the level criteria for Superior Court determination of 4:82, and should be immediately inquired into it and disposed of. This is not “doubt” that requires analysis or has moral shades. This is crime, that is obviously wrong.

Judge Velazquez said it was too late. But this fraud has been cited repeatedly since the letter of complaint in the second sentence, and should have been discharged and disposed of, by any judge, scared by fraud. Hudson County venue was never considered good by anyone that knows where Vera resided, and not known as landlord. There were just higher priorities of gaining discovery since I was being shown nothing, and fear and know crime. My siblings did not and do not appear to be understanding their interests, or comprehending the situation. And I fear people have long been behind them, oppressing them, to this purpose here, and I wanted concern of the courts regarding suspicions; A docket number and judge offered these hopes.

Yet is not the deck stacked against me? I was a farmer, and new to fraud. Crime takes time to deal with deception. Logically the point of fraud to obtain Hudson venue would be to work with a judge to ignore the suspicions and falsehood of the will and situation. Judge Olivieri, who retired after the first Jan 27th hearing, and Judge Velazquez, have not probed into any allegations. After the hearing for Reconsideration to change executor, May 4, 20122, I motioned to change the venue, filing June 20th 2012.

Judge Velazquez did not even inquire into the fraud, at the July 19th hearing. Such lack of concern demonstrates a form applicable to other cases and issues before him.

—————————————————————-

Then                           Overview (optional)

I am doing more than trying to protect family property; my mother’s murder, my younger brother and sister’s state of mind, to be along so, indicates something is seriously, seriously wrong. There are criminal elements behind them; and nieces and nephews to care about, as well as all disrupted. My brother and sister are not like this, to not work with me as a family regarding family wealth management.

A calm inquiry, into the form, of the control, over so many people aware, I believe, what I say is true, would be greatly beneficial, as it is a victimizing form of obeisance. Does “God” explain the lack of reason? Does our systemic ignorance make this possible? There is something to figure out here? Why can’t my siblings come to the table and work with me, easily? Why was probate applied for in Hudson County, where Vera did not ever spend nights, or even work for whole seasons in Hoboken where she owned properties?

While the issue here is handling fraud, fraud and unfair trial, are very close, in the rules of changing venue PB9 R.3.2.  The criminal nature has made discovery difficult, and subpoening, not responded too. PA252 The case requires a concerned court, who may issue subpoenas through the clerk, since I am not executor, PB9, enforce discovery requests and sound out inquiries, PA152,and offer the opportunity to work out this tragedy. This does not emerge from a court covering up a suspicious death and ensuing false will, outrageous and cruel as this may be. It is beyond cruel, it is depraved.

The court did not sound out the thinking and behavior of defending party regarding numerous suspicions once. The legal system has enabled criminals hiding behind it. Is this is widespread? The appropiate nature to our government?

My trustee and trust is not paying for my general counsel, I have few funds.  This litigation was steered by defendants into the wrong venue, with voidable decisions and orders, because of the fraud on the probate applicationPB9. I’ve had to travel to Jersey City from Trenton numerous times, because Defense lied where Vera was domiciled under oath to qualified oath-takers.PB8,9,202

The issues should have been worked on through pleadings initially.

What judge, and why, would want another county to examine his work, and frauds in his court?

What judge would not inquire into fraud, or find it suspicious the lawyer, who advised lying, and not of record, escape blame?

On Aug 10, 2012, there was a hearing for summary judgement that dismissed the case. Defense demanded medical records Vera was on three medications, a respirator, traumatized, near death, anxious and a quadrapylygic. These facts are true, and relevant to any attorney. The nature of this case, with its intimidation, (including from the probate fraud) has made it difficult to effectively deal with anyone who knows something. I followed instructions regarding subpoenas. There has been no production of records from Kessler Institute of Rehab, and while the rules encourage waiting for relevant affadavits and records, the case was dismissed, unfairly.

————————–====================

Then Statutes and rules and cases cited

Citation of Cases, Statutes and Rules

Diodata v. Camden County Park Commission, 136 N.J. Super. 342, 346, A,2d 100 (App. Dic. 1975)

“While venue provisions may be subjecct to change upon a showing of proper circumstances, they do express strong policy considerations not to be lightly regarded”

Gray v. Cholodenko 34 N.J. Super. 190, 111, A.2d 918 (App. Div. 1955)

A perjurious deposition, purposely false and willfully given on partof an attesting witness in proving wills, if proofs are clear, convincing and satisfactory of perjury, will be held fraud upon the coust and ground for vacating such probate decree.”

State v. Collins, 2 N.J. 406, 67 A.2d 158 (1949)

“Motions for a change in venue in criminal prosecution or civil action or for a foreign jury are addressed to court’s sound discretion guided by law, and excercise of the discretion cannot be arbitrary, vague or fanciful”

Rules of The Court

Rule 4:80-1:C (c) “The application for probate of a will for letters of administration shall be filed with the Surrogate Court of the county in which the decedent was domiciled at death”

Rule 4:3-3 Change of Venue in the Superior Court: a) By Whom ordered: Grounds. In actions in the Superior Court, a change of venue may be ordered by the Assignment Judge, or the designee of the Assignment judge of the county in which Venue is laid…..

1) If the venue is not laid in accordance with R.4:3-2, or 2) if there is substantial doubt that a fair and impartial trial can be had in the county where the venue is laid or 3) for the convenience of of parties and witneses in the interest of justice.

4:83 a) Where the surrogate’s court may not act. In an action brought because the Surrogate’s Court is barred from acting by 4:82, venue shall be laid in that county.

4:82 Matters in which the Surrogate Court may not act….1) a caveat has been filed in it before the entry of judgement 2) doubt arises on the face of the will…3) the application is to probate a writing intended as a will…4) The application is to appoint an administrator…5) A dispute arises before Surrogate Court as to any matter 6) The surrogate certifies the case to be of doubt or difficulty.

1:9- 1 A subpoena may be issued by the clerk of the court or by an attorney or party in the name of the clerk.

4:26-2 a) Representation by guardian…a minor or mentally incapacitated person shall be represented in an action by the guardian of either the person or the property…..or if no such guardian has been appointed….by a guardian ad litem appointed by the court..

4- The court may appoint a guardian ad litem for an…alleged mentally incapacitated person on its own motion.

4:50 1) …the court may relieve a party….from final judgement or order for the following reasons; c) fraud…or other misconduct of an adverse party..

Statutes

3B: 11-36 Findings, declarations regarding special needs trust. 1A) It is in the public interest to encourage persons to set aside amounts to supplement and augment assistance provided by government entities to persons with severe chronic disability.

2c:5-2e Conspiracy: Renunciation of purpose. It is an affirmative defense which the actor must prove by a preponderance of evidence that he, after conspiring to committ a crime, informed the authority of the existence of the conspiracy and his participation therein, and thwarted…the commission of any offense in furtherance of conspiracy…

3B: 1-9 Effect of fraud and evasion

Whenever fraud has been perpetuated in connection with any proceeding or in any state filed under this title….any person injured may obtain appropiate relief against the perpetratro of the fraud, or restitution from any person benefitting from the fraud, whether innocent or not.

3B:2-2 General authority of Superior Court as to probate matters

The Superior Court shall have full auhtority to hear and determine all controversies respecting wills, trusts, and estates, and full athority over fiuciaries, and also authority over all other matters andd things as are submitted to its determination under this title

3B:2-3 The Superior Court shall have jurisdiction to hear disputes or doubts arising before the surrogate or in the surrogate’s court of a county, to review any order, determination or judgement of the surrogate or surrogate’s court of a county and upon the review, to hear and determine the matter, and to grant relief from…..any order, determination or judgement of the surrogate…

3B: 10-13 Duty to apply in this state for original letters of administration

….Any person having knowledge of the grant in a foreign jurisdiction of original letters of administration upon the estate of a person dying resident in any county of New Jersy, shall give information thereof to the Superior Court.

The court may direct the clerk of the court to issue and have served suppoenas or an order to show cause requiring the appearance before it, ….., of any persons having any interest in the estate, and commanding them to abide the order of the court. The matter of the grant of letters of administration shall be wholly within the jurisdiction of the court.

3B:2-6 Oath; Affadavit; deposition or proof.

Any oath, affadavit…required to be made or taken in any proceeding before a surrogate, …..may be made and taken before the surrogate or before any individual authorized by law to administer oaths.

—————————————————————————

Then there is a chapter, in form, of Procedural History of the The Case, and then Material Facts, and then Legal Arguments

 

Concise Procedural history with a statement of the nature proceedings with reference to the judgement

I was very close to my mother and an elaborate relationship with her. We both started small businesses, had friends and people we hired and worked with, were unmarried, and between her people and my people, and her homes in Sanibel Fl, Manhattan, and Princeton N.J., and the farm in Long Valley N.J. I managed since 2005, over the years our households intersected symbiotically and we supported and were useful to one another. PA1, PA215

I was working in Saratoga N.Y. with goats, chickens and organic vegetables when I learned my mother was paralyzed from the stairs, Aug 17th, 2010. I came back, and until Febuary, was with her 50 hours a week, as she wanted, and rented rooms in Newark to be near her rehabilitation in West Orange.

While I care for her, my brother and sister looked after her business and affairs, and while they were suspicious, I trusted them. It was only after Vera passed, and her estate handled with such conspiracy, exclusion and lack of transparancy, that I saw her injury was not accident, and fits in with the designs on her wealth through undocumented divestment and suspicious will from 1994. PA48 I only learned the will would not unite the family and care about more than her children, and was from 1994, unsigned until Oct 7 2010, with no lawyer on the will, witnesses known to family, on medications, traumatized, near death, a respirator and incredibly an, two months after Vera passed March 22, 2011.

I could not believe it. My money was in a trust controlled by Mark. I had no say in her business I had worked extensively for, an and off, through the years. When there was no conscience, and time expiring, I filed a complaint in Hudson County where probate was, which arrived Oct 24, 2010.

A hearing was set for January 13th 2012. A bomb threat postponed it to January 27th. A court clerk called and advised amid my numerous concerns, of which that Vera never spent nights in Hoboken where probated, the second sentence, to make the hearing about managing the estate till trial.

Despite my suspicions, Judge Olivieri said he did not want to disturb the will, even though letters of administration had no right to go through Hudson County Surrogate. He said managing the estate was about paying bills, when it is about making sure someone trustworty,  who is not taken advantage of and oppressed, protects the estate. He said I could file for reconsideration. I saw his decision as a real politic time could heal,

I stayed in jurisdiction. Discovery, which only accounts for less than half of my mother’s wealth and business, and shows mutual funds down five million,PA248, though tax returns are not shared to confirm this, PA252 had not arrived by the May 4 hearing. I had new evidence.PA163, April 2010 emails documenting my mother’s desire for 6 million set aside whose interest would be for future generations and the family in general: evidence that she extensively did use a lawyer, that her not wanting a lawyer for the will, was not sound.PA166,169 Witness signature differed printed statement. These could have been inquired into and sounded, as case law I submitted advocates as doubt shifts.PA152

Judge Velazquez first said I had no case work, then that it was insensible. Then he said my new evidence was old issue, and he didn’t want to revisit Olivieri’s reasoning. PA 269

I was not getting a fair trial and finally focused on venue, and the fraud particularily on the probate application, though there is fraud in their depiction of me as paranoid skitzophrenic, unable to work, etc, PA31, PA38, PA91 which was also not inquired into in previous hearing. I obtained transcripts and filed to change venue June 20th 2012.

On July 19th 2012, Judge Velazquez determined it was too late in the case to change the venue, appealed here. PA244

This fraud enables a foreign county, Hudson, whereby precisely Hudson’s County’s foreign nature enabled an overlooking and covering up of a suspicious will; nor examined the logical oppression of my siblings, who with any degree of freedom, would not be so unconstructive and negative or party to the situation. Imagine their state of mind and oppressed charactor. They know I work and care and am very trusted.

Money is not accounted for, no documentation of Vera’s wealth, tax returns, monthly revenues and expenditures of her 50 apartment units not shared, and I not put to work, whereas my mother was always making me useful, and had strict  guidelines about her money and business she worked so hard and long for. People I have known years and decades through her business, and, or would know about my allegations, can’t be reached, and seem scared.PA143

Even if you take Judge Velazquez’s claim too much time has passed to change venue, at face value; the fraud should still be inquired into. There are other frauds as well. Not caring about one, does not fit caring about aný. There is no integrity or trust to probating and lying about where Vera lived. How can you believe their claims now she was of sound mind, and unconstrained?PA204

Statute 3B:10-13 PB10Fraud of this nature, is to be reported, and then encouraged to be investigated. The judge did not question the fraud, why, or how, or what that says about their integrity. It is one thing to maintain venue, another to not inquire into fraud. PA244, PA280

How can their claim Vera was of sound mind and unconstrained be credible, next to an easily verifiable fraud, next to her death certificate listing Princeton? PA201 How can you expect Medical Records Directors, and administrative assistants to Vera, and her tax accountants, to comply with my requests and subpoenas, when the court is not looking into a lie, thus placing the case where the lie designs? The court is treating Vera as crudely as a landlord, and not the warm and caring and energetic woman with good friends she was.

It is our job to look into what happened, and by learning such, to help others.

========================

material facts

 

1) Vera Fedorov’s father fled Russian communism to Yugoslavia, where Vera was born in 1935. In 1940, he was captured by the German Nazi’s to repair aircrafts in Heidelberg, and Vera and her mother, Vera, moved to Heidelberg, which was not bombed, to be used as an Allied headquarters. She and her mother and father then made it to New York City in 1947. She taught at Woodbridge H.S., and worked procuring grants for Rutgers University until 1980 when Reagan budget cuts ended her job. She took some money her mother’s house left her, and invested in hoboken properties in 1981, taking out large renovation loans, and became a landlord, which she improved at each year, so by 2011, when she passed, she was worth 14 million dollars, and she worked hard and often for it. Some years I extensively helped her. Not marrying or reproducing  I helped her a lot, across the board, as a friend and family member. PA215

2) Her death was not natural. She was inured on the stairs, the night of Aug 17th 2010, found only 4pm Aug 19th and was a quadrapylygic, her vertabrae 5 and 6 fractured just above her breast. She was in intensive care in Trenton N.J. till mid September than near ICU for ten days, and then moved to Kessler Institute for Rehabilitation in West Orange N.J. till Febuary 3, 2011 when she moved to Princeton, and passed at Princeton Hospital March 22, 2011.

3) From 2005-2009 I was a small businessman producing and marketing organic potatoes in Long Valley N.J. In the three month off season, I often worked for and was in a household with my mother. In 2010 I ceased my own operations to travel and learn from different farms in nearby states. I was in Saratoga Springs N.Y. making goat cheese, raising chickens, and working another organic vegetable farm, Aug 17th 2010.

4) My brother, married, with two children in Allentown Pa, convinced my other to sell several buildings in 2006 and 2007 to put the money in mutual funds, giving her less work and more retirement. He and Vera and I looked after those mutual funds and quarterly statements. By 2009 they, to my recollection, tax returns have not been produced which would show this PA252* they were approaching 7 million. Now the mutual funds are in another mutual fund and worth 2.5 million. PA249 The monthly expenses and revenues from her buildings, like her old tax returns, are not shared with me, despite discovery requests. The lack of my exposure to what I helped look after many years is disturbing, and I feel brother and sister can not govern themselves in a situation where money is taken from him. This is a serious psychological claim, indicating a need for authority to determine if they act in his own interests, which my siblings don’t seem to do, as they can always work with me. I just want to make sure everything is OK.  As that doesn’t happen, I conclude serious problems.

5) In 2007, I believe, Mark said his position at Air Products of Allentown PA, was    eliminated, and in January 2010 he began assisting in Hoboken. Vera had moved out her Manhattan Apartment and she was preparing to sell her house in Princeton and move to another apartment in Manhattan upon its closing, which ocurred in July 2010. That winter of 09/10, I helped her move from Manhattan and improve Princeton for sale.

6) Veronica, her domestic partner Craig, her step-son Brandon 19, her two children with her first husband Dexter Savage, and a baby with Craig, moved to Princeton in early June 2010 from New Mexico. As I would stop by Vera’s and help her in between my agricultural jobs. I was painting a fire escape and living in an unfinished Hoboken apartment that first week in June 2010.

7) Vera lived an active life. She reunited with a cousin she hadn’t seen since 1940 who had moved to Chile, entertaining her and her daughter and son, and her daughter’s two college-age children, in May in Sanibel Fl, where she had a house, (and I joined them there for a week) and then in Princeton, and then several of them flew to Russia and were there two weeks.

7) On Monday and Tuesday August 15th and 16th, 2010, Veronica and her family had finished a move from Princeton to an apartment in Hoboken. The permits had finally come through allowing the last building my mother owned, which was not rented to yuppies or renovated, to be renovated and converted to condos, which Craig, being a contractor from Taos New Mexico, was entrusted with managing, for which his son Brandon helped.

8) I had worked on a farm in Virginia,  the last half of June and early July, came back to Vera’s, helped her to July 18th, and was intending to return after August after stints at farms in Connecticut and New York.

9) Upon hearing what happened to her I returned to N.J. and focused on assisting the nursing of Vera, often spending nights with her at Trenton. When Vera was at Kessler, I rented  nearby rooms in Newark and spent over 40 hours a week assisting nurses and spending time and nights with Vera, as she requested. Mark managed Hoboken, Veronica was occupied by children, and trying to make herself useful. I entirely trusted them regarding a will. They only showed me the will 2 months after my mother passed March 22, May 22, 2012. I  had no idea it was from 1994, and had no elaborate guidelines of intention for her legacy, of which she was proud. My brother also showed me a special needs trust allegedly signed by Vera May 15th 2012, which I had heard nothing about. Both documents did not have lawyer signatures on them. I do not have a chronic severe disability, PB9, PB69.

9A) The will remembers none of her friends, gives all to Veronica and Mark, mine in trust for Mark.  I am effectively excluded from her business and managment of her wealth and am not a voting member of surviving corporations. I have emails of her wanting her legacy consolidated for specific actions involving future generations, such as college or business start up or family vacations. PA48,  PA163

10) This will was drafted in 1994, see will, not signed, see discovery, and signed Oct 7 2010. She famously stayed in her 5th avenue apartment if she worked in Hoboken, Princeton, which was her primary residence, where voted, and was her residence on personal tax returns. She spent months at a time in Sanibel where she wanted to move.

11)  This probate fraud, lying about where she resided,  was perpetuated so the will would be looked at in Hudson County. My siblings do not have the wherewithal for this calculation or need for such construction. It is central to my case that there are people behind them, fronting them, long controlling them who broke them; because they are not simply showing me that the money is staying in the family and not being taken by those manipulating and controlling them. Who would do this to their mother and family? They do not want this situation. They are forced. This is something court must honestly, openly look into, to figure out how this sort of control is done, as it seems severe, and may be more common than known.

12)How can they be believed in their claim she was of sound mind and unconstrained PA202,204 when they lie about where she lived, she was definitely a quardrapylygic, the death certificatePA201 listed her residence as Princeton, and, according to them Interrogatory, she did not want a lawyer to come to the hospital and that I am a paranoid skitzophrenic unable to work.PA31, PA91 There convey several instances of fraud.

13) On June 22 I believe, they applied for probabate and were granted administration in Hudson County Surrogate Court. Rule 4:80 does not allow this, plus certifications, They claimed she lived at apt B2 913 Garden St Hoboken. She did not. She famously did not.PA202

14) Is this a dispute, or, ascertainable fraud? And if fraud, shouldn’t it be inquired into and not allowed by Superior Court. I have cited it often, and if a concern, could have been discharged, while I was concerned with discovery, and evidence of crime.

15) Don’t these transpirings show, the will was probated in Hudson County, to gain a judge and foreign jurisdiction that covers up and insures a suspicious will and circumstance? And doesn’t this show, my mother’s injury was no accident? The fraud upon Surrogate was not even inquired into, or resulted in any concern by Judge Velazquez.

15) I mentioned this in the letter to show cause, second sentence.PA1

16) While Judge Velazquez said it was too late, the deck is stacked, and my higher priorities of Discovery, Concern of Courts upon Suspicious Items and Crime, and the leverage of a docket number, made changing venue not as high a priority, though important. I applied for an emergent motion for the assignment judge to hear the motion to change venue, but Judge Payne, said there was no evidence behind the logic, the probate fraud was perpetuated to insure an unfair judge and courtroom.PA231 There is a lot I have to present at trial and require a fair court for its presentation.

18) For instance, I need help from the court with subpoenas so they are followed, as well as complying with discovery requests, PA252, 128, and inquiries into such things as witnesses to the will I can’t reach, why no tax returns produced, what we know about Vera Fedorov, as evidenced in emails of 2010 desiring 6 million set aside for general family benefits. The court needs hearings that sound out defendants thinking and behavior. Witnesses seem scared. People I’ve known decades, do not reach me back. Who would take such risks as the judge condones fraud, and does not sound out my allegations at hearings.

19) I worked extensively for Vera through the years.

20) The claim I am a paranoid skitzophrenic incapable of holding a job. That is neither true,  nor sound to assert.PA215,221,225

21) The money is being stolen from Mark and Veronica, they know they would have benefitted more than enough when our mother passed; so how they went along with this, is difficult to imagine.PB24

———————————————————————

Legal Arguments

 

LEGAL ARGUMENTS

Rules, eschatological dignity, not dispute, doubt, controversy, but fraud, crime, wrong; mandating following rules by Superior Court Judge.

L     If little rules, like probating in county deceased was not domiciled in, are not followed, there is a liklihood of larger, more important rules not being followed.PA196

Per Rule 4:80,PB8 Vera was not domiciled in Hudson County, that was and is a lie, to benefit the people behind my siblings with control in Hudson County. Vera last spent nights in Hoboken  in 1992. She resided in Mercer County. That was where she voted, and her personal income taxes listed.

There is an eschatological propiety and dignity behind this rule, of counties looking after their own; of knowing people as human  beings, not as a landlord.  HHudson county, a foreign county, is not looking after the deceased rights in credible devolution of legacy, but has taken over what she worked for and needs protection.

This fraud is not a doubt, where perspective comes into play, or a dispute, which has two sides, or a controversy; but a wrong, a fraud, and a crime devised to criminal purposes.  This fraud is not something to be determined or reviewed, for analytical content, but discharged and disposed of according to Rule 4:80.

OTHER FRAUDS AS WELL

There are other frauds. The will and trust was not shared or known to me till two months after Vera passed, thus perpetuating the fraud she wanted this will from1994. The fraud Vera gave money without guidelines is perpetuated by this will, as is the fraud, she did not have numerous friends and people she would have remembered. This will also fraudulently obscures how close Vera and I became through working together and sometimes sharing a household.

Not including me in the management of property I care about many years, is to perpetuate the Fraud Veronica and Mark are actually running the business and in control.

They claim she was of sound mind and unconstrained; yet she was on a respirator, paralyzed, and according to them, did not want to pay for a lawyer to come to Kessler Rehabilitation, as too expensive. That is not demonstrating sound mind, or unconstrained. PA202,204

Not using will witnesses the family knows, also perpetuates the fraud Vera wanted this will.  The witnesses were hospital administrators.

Their demand of medical records, I am having trouble acquiring, to justify Summary Judgement, perpetuates a fraud regarding her condition.PA252

Their denial of financial records, as of that not owned by Vera when she passed, perpetuates also the fraud Vera’s wealth has not been stolen from Mark and Veronica; As is not showing federal tax records of Vera’s last years.PA128

Not sharing emails between themselves and Vera before her injury, for the fraud they were getting along in 2010. And remember, Mark had just started in Hoboken in Januarý, and Veronica, who was in New Mexico, and her family, only came into N.J.  in June 2010. PA252

Their lies about me, paranoid skitzophrenia, with severe chronic disability, unable to work, is fraud to justify excluding me from financial matters and responsibilities. PA 31,38,91

The surrogate clerk in December who advised not focusing on Venue fraud, but executorship, engaged in fraud, for purpose of dismissing such motion later.

Surrogate Court’s ignorance of the discrepancy of the death certificate and probate application, regarding residence, is suspect, and the fraud that Surrogate is independant from this situation.

WHY FRAUD ON PROBATE APPLICATION

The probate fraud logically must be to insure a judge with Hudson County ties, to facilitate the cover up of a bad will and murder and exploitation of siblings. This causes the concern other families and people are victims of Hudson County this way.

One thing to not change venue, another to not inquire into fraud

3B:10-13  Judge Velazquez does not rise to a level of professional competence, when he asks defendants no questions about the lie on the probate application. How can we then expect concern of other frauds? Likewise, the defense has evaded the issue of fraud, nor had to admit they’ve done anything wrong in this whole process.

3B:10-13 mandates reporting this information, of one dying in one county, being probated in another, to the court which I did. Court is then expected to Subpoena interested people to fix this.

Also, logically, why doesn’t opposing counsel and admit the fraud was advised by Chris Garvin, PA143 the former estate lawyer, now tax attorney, who is not of record to this case now. Does opposing counsel represent my siblings, or Chris Garvin. Chris Garvin is from Wood-Ridge N.J., as is Ron Fraoili.

Why would a judge not want another venue and jurisdiction to inquire into Hudson County’s Surrogate’s admission of fraud? I submitted this tautology in an emergent motion to Appellate Judge Payne, requesting Hudson County Assignment Judge Peter Bariso hear the motion to change the venue and/or invalidate proceedings so far, which is the first option in the rules per rule regarding hearing motions to change venues. PA231

With this fraud, do Mark and Veronica have competent legal counsel

Do Mark and Veronic have competent legal counsel, and are they incapacitated by being in over their head, and unable truly to manage or look after their own interest? The two go together. If Mark and Veronica are being stolen from and coerced, the court needs to be sure they have a counsel of good authority able to give them choices, and make sure they understand the scopes of action available to choose from. PA19

This fraud, the advice that led to it,  is perfect example of third party liability, which does not seem explained to them. PA143

Mr. Fraoli should be explaining to them, “renunciation of purpose, 2C:52 where a conspirator in an affirmative defense, alert authorities as to the intent of a conspiracy to committ crimes”PB9

My brother and sister don’t seem advised they can share records and work with me, as a family Vera intended. That if people are behind them, they can be protected.

Crime takes time, caution, insight, overcoming

Crime takes time, caution, insight, overcoming. Our goal to heal and strengthen family and friends, and overcome a form and culture oppressing others as well.  There is brutality and long-term exploitation, I am moving through it, as best I can, with faith, construction, and the future and should not be stuck in wrong venue. They led the way here with lies and crime. Nor has one item of mine been inquired about. The nature of this case requires the leverage of the courts to pressure breaks, nudge freedom, diminish fear, support subpeonas and discovery requests, and from inquiry. Starting this case again, with the experience I have now, is good, not bad.

Good Reasons for not bringing up fraud in hearing January

I desired concern regarding suspicions, discovery, and leverage regarding crime and my family being on the level. I focused on the fraud at hand, after focusing on larger issues.

The Court has been unfair so far

PART G As rule 4:80 commands proper venue, so does 3:2, unfair trial. While making the timliness of venue considerations an issue, the courts could have discharged that issue prominently before I got around to it. I believe I have cited many instances and general tenor of unfairness.

There has been an unconcerned disposition regarding lying about where Vera lived.

Is this a nature of Hudson County? Cultural? This rises to the level of class action, if forms of agencies of Hudson County oppress or can oppress the people. We have to admit, my siblings were not strong enough to take on crime or a virtuous life; though God’s will be strong. Where too, is the reason, to a legal system, crime can hide behind? It stems from ignorance of what culture can be. The gall of missing what victims my siblings, co-workers, friends and family and the people are to this, is metaphysical, not individual.

How do my siblings agree to fraud, and agree to not admit it is wrong?

This may involve coercion, threat, electric shock, prostituting, homosexuality, lying about homosexuality, arranged marriages, a ring of criminals over several states, oppressing who they can. This case shows the anger of homosexuals who do not admit their homosexuality, and the lack of subjectivity or wherewithal that comes from being prostituted. It may show the vulnerabilities that lead to blackmail. It may show how shame is too great for some people to function for themselves, and tell people what they are going through. My siblings could have known the people behind them since the late seventies or early eighties. There could have been sexual abuse, degredation, beginning when Mark was ten and Veronica in High School, that was latched onto by manipulators, to this day. This is meant to come out.

 

 

 

 

 

 

 

 

oppossing response to this, was a paragraph, how if a case is dismiss, pending interlocutory appeals are no longer considered. Which is vexing argument with no basis in law. Appellate Court denied my interlocutory appeal, and this is very suspicious, and possibly crooked, subject to criminal influence

 

Vic Fedorov

219 Yardville-Allentown Rd

Yardville N.J. 08620  201 232 1154

Sept 12, 2012

Re: Estate of Vera Fedorov, Docket 303136

 

 

Dear Mr. Orlando:

There is no cited basis in rule or statute for  Ron Fraoili’s notion that an interlocutory appeal, of an order denying venue change, is moot upon dismissal of the case.

If the venue is changed, per fraud, the case is remanded to Mercer County, and it is not Judge Velazquez’a to dismiss; logically, the venue-issue, is pivotal regarding what judge and venue should have the right to dismiss the case.

I do not think defense here has any base in law. None was cited. Remember, they lied Vera had an apartment in Hoboken, on probate application. If so, this is harrassment. I honestly think this is a dishonest, vexing defense, neither candor to tribunal, R.1.6(b)(2), DR 7-102(A): What is warranted, in preventing crime, and RPC 8.4, (misconduct) to d) engage in conduct prejudicial to the administration of justice.

 

Thank You

Victor Fedorov

Accepted Interlocutory Appeal to Change the Venue to Mercer County from Hudson County, to the Supreme Court of N.J (granted docket number) .

November 3, 2012

This is an appeal to the Supreme Court of N.J. regarding a denied motion to change the venue to Mercer County where Vera was domiciled, and looking into the fraud that probated her legacy in Hudson County, and suspicions therein. As I was late in filing the complete papers, necessary letter and affadavit below, after which Interlocutory Appeal, to Supreme Court of N.J.  follows.

                                                                                             SUPREME COURT OF NEWJERSEY
Docket #
Vic Fedorov Pro Se
Plaintiff-Movant
         v.                                                                 CERTIFICATION
Mark Fedorov
Veronica Savage
C/O Ron Fraoili Esq.,
Defendant-Respondent
1) Regarding the estate of my deceased Mother, Vera Fedorov; as she was domiciled in Mercer County, I moved before Judge Velazquez to change venue, and that there was fraud in the probate application, which stated Vera had an apartment in Hoboken, of Hudson County. This is not true. Her primary residence was Princeton N.J.. She spent no nights in Hoboken.
2) Judge Velazquez denied the motion at the July 19th 2012 hearing. I calculated, the fraud was to ensure an unfair judge of foreign county where she owned 50 apartment units, to ignore many suspicions in the handling of her devolution, and I interlocutory appealed to Appellate Court.
3) This was filed timely. The motion was denied September 16th, by Appellate Court, filed September 17th, arrived at my residence September 19th, and received by me September 20, 2012. Because the legal facts and arguments I believe are fairly certain and strong, near irreparable damages, and constitutionally questioning the liberty Judges have under the Constitutions, I appeal to The Supreme Court of N.J..
4)  I work alone pro se, to interlocutory appeal to The Supreme Court of New Jersey,  as the suspicions are troubling and true,  and was prepared to file Oct 11, 2012. When I went to Bill’s Print Shop, on South Broad St, to pick up copies of the four volume appendix, in mid afternoon, I discovered they had done double of the third volume and did not have the second. I brought them the second volume, and they prepared it for the next day, Friday, Oct 12, 2012. When I then went to file in the state Supreme Court.
5) There, I learned, four copies of the large first appendix volume, which appellate had, could not be transferred to Supreme, and on Monday, Oct 15th 2012, received those four copies from the printer which I hope to complete what I provided of the motion papers, Friday, Oct 12, 2012. Not having 9 copies, was my mistake and confusion. I am sure this can be ascribed to not having internalized a new and relatively elaborate procedure.                                     
                I certify the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by me are willfully false, I am subject to punishment.
Date, Oct 15, 2012              Victor Fedorov
                                        Thank You
Victor Fedorov
219 Yardville-Allentown Rd
201 232 1154
(Matter of Estate of Vera Fedorov,
Deceased)
                                                                                 SUPREME COURT OF NEWJERSEY
                                                                                  App Div. # AM-000767-11T1
Vic Fedorov, Pro Se
Plaintiff-Movant
            v.                                                        NOTICE OF MOTION
Mark Fedorov                                       to File Motion for Leave to Appeal
Veronica Savage                                              as within Time
Defendant-Respondent
C/0 Ron Fraoili Esq.
To: Ron Fraoili, 304 Hackensack St Wood-Ridge N.J. 07075
       Mark Fedorov, 1483 Shelburne Ct, Allentown PA 18104
Please take notice, for the reasons explained in the accompanying affidavit, I am motioning for leave to appeal the denial of my interlocutory appeal to change the venue, per Vera Fedorov not being domiciled in Hudson County, and such lie on the probate application, that she spent any nights in Hudson County, as suspicious and consistent with her murder, as within time, and good faith.
I hope you review the brief as exculpatory, and constructive and forward-looking and precedential, with wide-ranging effect, as meritorious.
Date, Oct 15 2012,                         Victor Fedorov
———————————————————————————————————————–
The following is my letter brief to the Supreme Court of N.J. which was accepted and granted a docket number
Vic Fedorov
219 Yardville-Allentown Rd
Hamilton N.J. 08620
                                                                                 SUPREME COURT of New Jersey
                                                                                     Docket # 
                                                                                     App. Div # AM-000767-11T1
Vic Fedorov
Plaintiff-Movant                                                        Notice of Motion
       v.                                                                           (For Leave to Appeal)
Mark Fedorov
Veronica Savage
Defendant-Respondent
To: Ron Fraoili Esq. 304 Hackensack St, Wood-Ridge N.J. 07075
The point to understand is that numerous criminal behaviors have been signified, to compel my production of a Truth, and Whole: that I have faith will remedy matters.
To that empathetic end; the undersigned is the moving party before The Supreme Court. The foil Judge’s Velazquez’s Order of July 19th 2012, denying the changing of Venue, to the County of Domicility of my mother, Vera Fedorov; is too much fodder and opportunity to deny. Appellate Rejection as well, further raises questions upon a constitutional structure of Judiciary hiding criminals, as well as healing statutory confusion upon Fraud before Probate enabling a foreign Venue and certain Judge.
I shall demonstrate the proximity of irreparable harm, at an widespread, networking level; and seek relief; specifically, investigation, hearing into why there was fraud lied to probate, and how and why such cover-up and dereliction continue malfeasant through your courts, and what knowledge is necessary for the wide-ranging reform the people have the right to at all times, article 2a, of the state constitution, inferring through the courts, and wisdom, and ultimately trusted, leadership. I want you to be reassured this can be done in healthy enlightened way. I see judges. as I do my brother, and you, vulnerable, and not wanting to go against the law and critically wanting to stop crime.
                                Thank You
                                      Vic Fedorov        
This is the affadavit
             SUPREME COURT of NEW JERSEY

                                                                              Docket No.
Vic Fedorov                           :
Plaintiff-Movant                   :
     v.                                        :                                        CERTIFICATION
Mark Fedorov                       :
Veronica Savage                  :
Defendant-Respondent      :
I, Victor Fedorov, the understand, commence support of motion with following facts:
1) Defense et al. lied on probate application, and their financial documentation raises my suspicions they are being extorted from, and my mother’s wealth taken from us, as her paralyzing fall was no accident. PA   Notice of Appeal, PA   Interlocutory Appeal Brief.
2) If they can control my siblings, and stifle so many, they can control judges. I see judges just as much the victims, coerced into covering up, easy to see suspicions.
3) This is of grave concern to everyone. I will show how to handle it, and hope I will be trusted, and case remanded for hearings in Mercer County Superior Court, or where deemed appropriate, be worked with to reform the system from ignorance and atheism.
4) It can be construed there is an international child pornography ring, with powerful connections, to have this covered up. PA interlocutory brief, notice of appeal
5) I have  had previous instances of courtly darkness; I argued the reservation of powers for the state or people were violated by local officials, whose ordinance also abridges peaceful assemblies where local decisions be made. It’s in no one’s interest to be against enlightened democratic form. Now realize I must explain the whole to prevail; A whole including natures shown by this case. And even then, this may be too hard to the condition here.
6) I seek to bring relief to you, and alter and reform, per State Constitution Art. 2a, through your interest in your profession, under God. “It is not the function of our government, to keep the citizen from falling into error, It is the function of the citizen to keep government from falling into error.” U.S. Supreme Court, 1950.
7) I have been utterly denied a chance to run my faith in the court, so the fair hearings will be a  relief where I will demonstrate, reassurance, and security through seriousness regarding the Kingdom of God; Something History ignores, but justice requires, that is more protective than the state.
8) I want to sort out this mess in a way that hurts no one and benefits all. I think it is possible this is a faithful opportunity. I hope you are able to be reasonable, and not prey to the same intimations, my siblings and others appear under, or work through them in sight of The Kingdom of God.
9) If you get into and apprehend the following brief, you may see there is a science there to focus on.
10) I cannot claim to have been threatened or specifically intimidated.
11) There is a clear misassumption about the Kingdom of God that can be shown in court, with wide-ranging legal effects upon individuals, challenging America.
12) There seems to be an upper class culture that resolves itself appropriately.
13) Everyone bares this earth and the effects of the world.
I swear the foregoing statements by me are true, I am aware if any of the foregoing statements are willfully false I am subject to punishment.
Oct 11, 2012, Victor Fedorov
then the letter brief itself
Vic Fedorov, Pro Se                                                                       
Plaintiff-Movant
In the matter of Vera Fedorov
(deceased)
     
                                          LETTER BRIEF (for N.J. Supreme Court)
                     In support of motion to change venue to where Vera Fedorov was domiciled
Supreme Court of New Jersey:
May it please the court to offer some utter rectitude upon situation through a long-needed explanation of the Whole; to show how such corruptions incur, to straighten them out. It’s a limited world, I plead to be heard out so.
For it is not about Vera’s demise, or the obvious protocol of referring a probate to the county of domicility, for as you can see, in Appendix, the rights and wrongs of the case easy to see, and, infer dangers of irreparable harm from; and the issue grounded in the constitutional structure of the judicial branch of government; moreover a form that relies on the Kingdom of God, and illumination of cultural corruption, will embody wide-ranging effect, as if precedent.
We seek remanding to Mercer County Superior Court for hearings, or any level or agency, to resolve civilly these issues before us, several opportunities for oral arguments to discuss structure and resolution, where the necessary improvements see pa,      may accessible.
                                    Procedural History
I refer to Procedural histories in Appendix. 1,           2,
A) Then wish to add: My appeal of summary judgment was accepted, pa   .
B)Is Mark pro se? Since the dismissal of interlocutory appeal he has been listed pro se. Up to then, since January, he has been represented by Mr. Fraoili Esq. Wood-Ridge N.J..
C) I consider the response to my interlocutory application, pa     to be vexing and not grounded in law. I do not see how a summary judgment dismissal, negates an interlocutory appeal to change the venue.
                                  Material Facts
Refer to Material Facts Documents in Appendix. PA    PA  
Then I wish to add again
A) Is Mark now pro se?
B) Is their response vexing and not based in law, pa   
C) The cover up  of obviously suspicious facts and goings on makes incumbent an analysis of the judiciary that concerns a situation out of control and manipulated through ignorance.
D) Applying and demonstrating knowledge of the kingdom of god, modern media is pointedly ignorant and obscuring of, requires seriousness, respect and trust, and is the opportunity, for which the people may alter and reform government through courts via analysis foregoing of the judiciary.
E) The idea to make evident the value of knowing the Kingdom of God, over the shame, or cover-up restricting inquiry and honest discussion to  the benefit of the people of N.J., for neither Superior nor Appellate court are giving honest consideration, an abdication, a citizen tries to remedy here, ongoing, and in appellate appeal, ensuing under you; where ignorance, of obvious suspicions, has again prevailed, which I bring up here.
                                   Legal Arguments
Refer you to Legal Issues PA      pa
         Basic Point is The Kingdom of God, Agency of The Kingdom of Heaven
1) This is a real test for you. I don’t know if you will be able to apprehend this. We will see. The Kingdom of God, (a frequent gospel term), is the transformation of the human, into the human being; service to a truth, our government ignores, a great pivotal Truth, rendering senses blind and negated. Thus through the means of The Kingdom of Heaven, History, and Society, is ably imposed; grossly, purposefully Ignorant of itself. That is how immorality, folly and crime, is sustained. Judges, Mark, others that know, law enforcement?, criminals? Are created this way to this effect. Truth, God, Knowledge, Demonstration of spiritual principle, is the only way out.
                        Judges like Silenced Victims
2) A judiciary ignorant of the appendix record, is no different than my brother, suspicious, and vulnerable to the same manipulations and corruptions, threats, threats and injury to family, enforced marriage, possible torture, and enforced depravity or perversion and blackmail. Neither would seem to want to do this or be this way, rather be saved, reason, desired. From an application, knowledge, of the Kingdom of God, the adult world we want may suffice, the irreparable harm we want to no longer worry about, may reason for long. This is Christian Terminology to good effect.
                            Self-Denial inflicted by meta-physic or you?
3) The self-denial Mark goes through, judge’s mark as well, as self-denial occludes thought and reason, yet it is catalyzed by fear from knowing the culture and people in this. Others and you, may be construed logically to know people, and yet do you? The means of corruption, ever attracted here,  is to ensure the corruption of those like Mark, yourselves perhaps, that otherwise object, enforced, possibly. Thus you are victims, impeded.
                    Enabled by Mind or Kingdom of Heaven
4)This world is enabled by the kingdom of god and such immobility,  really it is the mind, or kingdom of heaven that engineers this,  not the kingdom of god, which has no volition.
If aware of the kingdom of god, a morality can set in, that expunges everything, even as the echo lingers, the glory of change heard. The corruption is a function of the enforcement of the design of the judiciary. You must know the kingdom of god to deal with it. Yes you may know terrorizing people, or do so yourself,  who oppress, and you may have consorted with, or been bound to, and bonded; but they must be discounted in light of the Kingdom of God. This instant criminal oppression of the upper class, I am trying to show, is contingent upon your understanding, and leverage of mind. Knowledge is Power. I talk to you. The criminals do not talk or admit to me.
You are the foundation of moral society, with a vested interest in morality, reason, Truth and I am hoping on the vitality of your interest in this Matter and Question. It can set precedent, and expose what we do not want in our society, which is the theoretical rule and binding of powerful people and culture through pedophilia, child porn, prostitution, and consorting parties, extending to scary, dangerous modalities; insofar as Ignorance of the Kingdom of God, does not promote the understanding; there is something audacious and outrageous at several planes here, judicial and family treatment, but such mark can even greater signify the metaphysical outrageousness of the whole; and thus these further dangerous modalities, need to be tempered so, in order to be revealed, so crime stops, and the out-of-control, is marshaled, as you are compelled to. For you to know, and reveal, you must Know, and let my guidance and your trust lead  conciliatory work and hearings by virtue of the work and authority necessary to show the Kingdom of God, and absolve in context of it. This seems to be the point; that we can and will work through this.
Corruptions are designed to enforce the sacrificial nature captured in our judiciary, a covert pagan metaphysic then, and not corruptions per se. They have a purpose, and that point, the point, not the corruptions, which while passed over, require allusion. Are you able to reform, by god and faith and trust in me to handle this delicate situation and sin or culture of immorality, as has been completely denied so far, in forms you transpire.
                                   Constitutions, History
5) Our Constitutions are so much a part of this, as a structural issue. One is that by creating positions of such power, in government, and culturally and economically as well, those officials and powerful individuals, are so removed from the people and powerful, in effect they treat the people as children who are incapable of reasoning together among themselves and implementing ideas and plans; that domain has been given to the few, and when such treatment is ordinary, I believe, there can be a tendency to desire to relate to children sexually, as relating to adults is warded off by the enlargement and enhancement of power.
Our Constitution would ensure local decision making in peaceful assemblies, that local officials are neither state nor people, that the people like to think together; yet these points that would benefit all were ignored for which I realize the whole, God, Truth, the important part to the equation, more liberating, than shameful, ending victimization, respecting the present and people now, as the Kingdom of God is understood, or evident, for there is a traditional level there, denied here.
Secondly, “ Substantive due process or right protected by this amendment must be one that is fundamental, able to be recognized as such by references to reaching of history and basic values that underlie our society and such historical reference is necessary because of the need for objective standard”. Petrey v. Flaugher, D.C. Ky 1981, 505 F.Supp 1087 The amendment is the ninth, how to retain denied rights.
There have been three branches of government since antiquity and classical times, obscured by medieval times, they’ve existed in History books. To think our founders came up with such division, is Propaganda. The historical clouds of The Middle Ages seems to have rendered a critically imperfect reflection of classical times regarding the judiciary. Specifically, I shall cite The Germanic Tribes of Europe, whose judiciary, according to Julius Caesar’s account of the his Gallic Campaigns, were run by Druids, thus coupling, Justice, and The Spiritual, Removed from the sphere of History, War, and society, of the domain of the religious, Truth, Justice.
Thus the issues of Justice were in the Domain of Truth, the way humans are human beings, a reality dealt with, better by the religious and spiritual, countering History, than a removed government bound by History, metaphysically contracted. How bound are we, in light of Truth, to History?
Likewise, in The Roman Republic of those centuries before Jesus Christ, had a justice system of Tribunes, run by the lower class, out of 30 Tribes Romans belonged to. Justice should come from the people and Tribes, as they are closer to Truth, then the upper classes relegated to The Senate, and Executive. The Justice System here, parallels the opposition to Senate and Executive, The Democratic Party may have been designed to take on. The people operated and sought to influence through their Tribunes, and ratifications through Peaceful Assemble, two forms inoperable now.
                                     Inherent right of people to reform
6) 2a of our constitution, the people have the right to reform and alter government at all times. This is only through peaceful assemblies, or the Judiciary, manifest. The Supreme Court in 1950 said job of citizens to keep government from falling into error, not government to keep citizens from falling into error.
                                Pagan society, sacrifice overt
7) The pagan society back then had overt sacrifices. Today they covertly, sybaritically aided by a justice system seeming to enemate, at least in my case, a total obscuring of Truth. For instance, Sandusky’s self-denial is brought on by a fear of implicating his culture. Heaven is controlling and writing a story with moral truths, how perversion of justice, is like perversion, its degradation, the same; whose reform, rectification, is sought here, to reform, and rescue, by the value of Truth and its establishment, being greater, and explanatory. It is control. And the Truth, The Kingdom of God,  obviously Greater, and about ending our vulnerability here and protecting our autonomies. Aware of that great truth, these ensue little truths.
                        Homosexuality, The Kingdom of God
9) Thus, that appellate obscured the compelling facts about this case, and Judge Velazquez so unfair, necessitates this examination of the judiciary, and enemating implications. For Homosexuality may be used in The Kingdom of God, to close the remaining mind in comfort, society, prototypically, would find it painful, and thus anger-inducing, crime-justifying, pitiful-binding; Its dominance, a form kept secret, impedes, occludes, thought, which would rise up against the feared oppressors, contrived as, as behind the scenes, who can admit their evil-doings by first knowing The Kingdom of God, that puts it in honest perspective, alongside trust and faith, and help. Service, and psychology is necessary for reason to prevail. But will we, the justice system care about itself and reform government by law?
                              Common Delusions
10) Marriage, reproduction, school, the media, are far from what they may seem. Overcoming these institutions, being stronger than their lies, is necessary to Truth and Reform. You can see the power to a media network, in the absence of our power, and what public display holds.
                              Inquire into Fraud upon you
11) As per interlocutory appeal, isn’t there a contractual obligation to inquire into fraud via where my mother lived, to get a certain judge, who ripples through appellate so far? Held back by bad bonds, or the untoward effect of higher power? One is much greater than  the  other. Atheism holds back government’s self-analysis, and promotes the worst corrupt ways, the story works through.
That knowledge protects more than people or agency will be developed in appellate. Oral arguments as you see fit and abler probably required to talk this out,  via constitutional discussions, or logical fears of irreparable harm, inquiries into how probate fraud occurs, here, or Superior Court of proper venue, trusting my motions in honorable proceedings- the statutory and rule guidance isn’t specifically unconfusing and direct, yet dictate probate fraud being resolved in proper venue, not venue obtained by fraud. PA  This last in itself, while not constitutional, should have commanded the attention of appellate court, PA, further grounding analysis of the nature of the judicial branch of government. If you know the Kingdom of God, can see the Atheist structure, this is pleasant to deal with. If not, we suffer the compulsive effects of a tightly designed, metaphysical  control grounded in ignorance of the kingdom of god, yet whose awareness of, ends that oppression. As an agent of change and reform, per citizen I hope, we may heal, and see what caused me, tries our faith. The quality of “irreparable harm” is an injunctive criteria.

application to appellate court in N.J. regarding circumstances of my mother’s death. (accepted) basis for brief

November 3, 2012

In order to appeal, county superior court, in N.J., one applies with papers, as seen below, for a docket number, and the opportunity to submit a formal brief that is more developed than the required. I submitted these application papers, and received a docket number, for which my brief is due later in the month.

 

Civil Case Information Statement

6) The complaint was dismissed without prejudice.

Regarding the future disposition of dismissed claims, there is no agreement. However, Mark and I have been meeting once a week. There is a real politic to work through, with faith, and integrity. Both before and after the case, it has been hard to reach people who know the situation, or for Mark and I to both know, what I believe we both know. I would still try to deal with the situation knowing what I know, however Mark is not apprehending the situation in its totality and danger, out of fear and pain

 

Now regarding whether this order is qualified pursuant to 4:42-2, first I must cite omissions that make the order not pursuant to 4:42-1 “An order shall include the following” ….”3) The appearance of counsel and parties appearing pro se”. As you can see from a copy of the order, there is no appearance of counsel to defense, Ron Fraoili Esq, nor, appearance of my pro se party. What can we conclude from this?

Likewise, “6) a notation as to whether the motion was oppossed, or unopposed, as required by R. 1:6-2a” as you can see, the words of the order are “having considered the moving papers, papers filed in opposition, if any, arguments of counsel, if any, and for good cause shown:” In Summary Judgement, disputation of material facts, in a special document, is essential for oppossing summary judgement. I disputed most of the material facts, and per 4:46 5b) can procure medical records recording her state of mind, and material facts of three medications, a respirator, and quadrapylygic at 75, with this duress, if my subpoenas are enforced through the courts, or Defense, as executor can procure these records, easily, enough to render hypocritical a dismissal grounded in their demanding of records, they don’t dispute, as executors, defense is responsible for. Not affirming or denying my submission of Response to Material Facts, and papers therein, nor mentioning my name, or opposing counsel, makes any purviewer of the record ignorant of truth and transpiring therein. To what effect would this be to muddle the paper trail away from people who know,  or suffered it? It’s so as to neither arouse suspicion via my reputation, and keep Mr. Fraoili unaccountable, by seeming to suggest, Mark and Veronica may have been pro se.

To move on to 4:42. Yes, if a proceeding was started to enforce the order, such would go by this order. Everything seems to have been dealt with. This was never about money transferring, but checking to make sure our mother’s wealth is ok.

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Procedural History

 

Vera Fedorov, was wealthy from property in Hoboken she bought in 1981, injured quadrapalygic in Princeton, her chief residence Aug 17th, only found Aug 19th 2012, and passed March 22, 2011. She allegedly signed a will Oct 7 2010, at Kessler Institute for Spinal Rehabiliation, which was written in1993, and unsigned till Oct 7 2010, as well as a trust July 20, 2010. I was only shared these things May 22, 2011. I was very surprised the will left her legacy entirely to my younger brother and sister.

The will was probated June 22, 2011, in Hudson County N.J.. The probate application claimed Vera lived at an apartment in Hoboken. This is patently not true, and obtained a Hudson County venue. Brother and sister did not share with me any financial records, and excluded me from the operation of looking after and managing her wealth and property.

I filed a letter of complaint, received Oct 24 2011, primarily to gain the concern of courts, obtain discovery documents that would reassure me, or confirm my suspicions my siblings are extorted. But discovery was limited to less than half the estate, no old federal tax returns were shared to compare to, the monthly revenues and expenses of 50 rental units, never shared, nor any documentation of pre-death divestment. The first hearing was Jan 27th 2012, Judge Olivieri, now retired. My complaint cited the wrong venue in the second sentence. The hearing was about who should execute the estate before issues are resolved at trial, set for Jan 7th 2013. The hearing for reconsideration May 4, 2012, Judge Velazquez. Denied, and order for mediation given.

Here I  had email evidence from Vera in April 2010, how she wanted her mutual funds, to set aside 6 million, whose interest for family and future generations to use for education, business start-up, and family vacations. She always had guidelines to her money, as the emails show further. Inquiry was denied, and an order for mediation given. I was not getting a fair trial, and filed  to change the venue, per 4:80 and fraud, heard July 19th where Judge Velazquez said such motion was too late, “too much water under the bridge”, did not inquire into the false claims, and set a hearing for summary judgement Aug 10, 2012.

At that hearing, defense requested evidence my mother was on three medications, a respirator, and traumatized, which Kessler medical records extensively document. I subpoened those records, the subpoenas were not complied with, I asked the court to put their seal, and signature and directive on the subpoenas, per rule 4:46 5a, and these records can be procured. Likewise, defense, being entrusted with executorship, can easily have had those records sent to the court. The complaint was dismissed.

I filed for an interlocutory appeal to change venue Aug 16th, 20122. This was rejected September 16th 2012.  I now appeal summary judgement.

 

Material Facts

I believe my mothers injury was no accident and she was effectively murdered. Criminals, long behind oppressing my siblings, and others, from decades ago, are responsible, but they merge with a criminal corruption of Hudson County and Hoboken, impeding progress, extending into courts.

I was in organic agriculture, a small businessman, 2005-2009, in Long Valley N.J.. In 2010, I worked for my mother through March, then worked at several farms on eastern states and was near Saratoga NY when I came back upon Vera’s paralysis.

Veronica had moved  to Princeton with her family, where Vera lived, in June. Mark, started managing her  properties in Hoboken, in January, 2010. Her injury was August,  2010.  My siblings got everything in the will, despite emails by Vera, in April, asserting a 6 million fund whose principle was not to be touched, for family and future generations education, vacation and business. The will from 1993 unsigned tll OCt 7 2010, merely left everything for Veronica and Mark’s care. I assisted nurses untill Vera passed, often spending nights with her in rehab.

I was unable to assert what Vera’s Income and fiscal personality was in her last years, specifically from defense’s lack  of providing tax returns, and revenues and expenses from her properties, under their assertion, without documentation, the properties, and other items, she divested, before she passed, even though I requested them in discovery several times. Thus, it is logical to conclude, my siblings are scared and fronting for criminal elements. She was worth 7 million in mutual funds, last I looked, in 2010, and had over 7 million in property. The mutual funds are now  at 2.5 million.

My mother suffered a brutal traumatizing tragic injury. She had been a very robust women. We were very close. I have no family and we supported each other. I know at least 10-20 people, co-workers, family friends, that know what happened and is going on; that there are criminals behind my siblings, taking the money, through pain and fear, upon Vera’s injury caused by drugs and being tossed down the stairs at night. It looked like there was a hammer blow to the top of the head. But I only suspected foul play, after she passed, and the estate revealed handled suspiciously. These people that know, accountants, lawyers, witnesses to the will, do not reach me back, which like the lack of discovery, I construe, as signifying, fear, intimidation, and control. Many people know, I believe, including her grandchildren.

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Legal Arguments

1) Murder, covering up murder, and the syndicate or ring behind it, the danger of irreparable harm, to my family oppressed and corrupted that knows Vera was murdered, to the many people (and law enforcement) I believe know, is my concern to courts. Danger to me as well; I see the situation as, neither reasonable nor adult, strive to do good, because I have faith, and knowledge of what the Christian term, “The Kingdom of God” means, and this a shining opportunity, if you work with me, and work through this, to rectify many planes intersecting into this, including the judiciary. It is not hard to see many suspicious items. If so many people can be controlled regarding, so can justice, and I hope you work with me and law enforcement.

2) Hearings exploring this, will have some wide-ranging, precedential effect, insofar the form involves a ring of pedophilia and sexual abuse and prostition, degredation, torture, arranged marriages, blackmail, whereby those abused as kids, are taken care of by the abusers for decades, used and controlled, to criminal ends. And the form reveals criminals operating behind the government of corrupt Hudson County, and Hoboken, with a history of legendary corruption, a history though that stops short of the criminals, that must be behind the system, using it, through corrupted, controlled,  public officials. A corrupt county is needed to stifle so many people and knowledge of this; signifying many resources and other crimes. A judge obtained through probate application fraud, to cover-up suspicious behavior, will intimidate potential witnesses. At some point, if my brother and sister, and many co-workers, lawyers, accountant, can be controlled,  these overlapping “syndicates” have to exert some controll over you and judges, and police and others in your office.

3) If everyone desires a reasonable, adult world, why isn’t one here? In gallic times, druids administered spirituality and justice, whereas the knights did politics, laws, policy; yet today, our government is ignorant of The Kingdom of God, and justice, from the government. Thus the sacrificial quality of the judiciary is missed; as is how easy it is to claim The Kingdom of God is responsible for crimes; as is how judges themselves are so super-imposed upon The Kingdom of God. Hopefully, this legal argument reassures the defense, and yourselves, this is a sophisticated opportunity to reform our world and help our people, than something to fear. I believe Mark was sexually abused since 1979, and Veronica, corrupted in High School and college, and soon handled and controlled ever since. This places their children, in danger of severe exploitation and abuse. The courts are needed to investigate this, and such, as to whether Mark and Veronica are incapacitated, as they can share discovery  of Vera’s last tax returns, monthly revenues and expenses of 50 apartment units, and emails: They can reassure me the money has not been extorted, yet they cannot show me the money is missing, though the mutual funds were 5 million higher in 2010, without implicating third parties who controll them. Thus they can not manage their affairs, and are incapacitated, which requires inquiry, and court psychologist, and their lawyers violating a host of client protections. Why else would they not blame Mr. Garvin, who per interrogatory, current tax lawyer, who the whole flows through, advised to probate in Hudson County and lie Vera had and used an apartment in Hoboken. Veronica and Mark have a lot to work through, and quite an oppressed past. They can not be blamed for this, having been parcell to their own mother’s demise and not in controll of her wealth. They are in fear and pain. They have a lot to work through, and want to be rescued. They would talk to you.

Hudson County is legendarily corrupt. Read the webblog, Mile Square View, data theft, voter payment, bribes, suspicious resignations. I have stood up to oppressive municipal structures twice. In 1992, I carried signs around Hoboken, conveying what “The Kingdom of God” means, but expressed in my pre-christian way, such as, Everyone is a Body, Man is Dead, whose truth, respected, shines light on right and wrong and forgives. In 2003 I ran for public local office, in Princeton on a platform of making local decisions in Peaceful Assemblies, making the point in Federal Court, and on PACER, in 2004, local officials abridge peaceful assembly, and violate the reservation of powers for the state or the people. 04-366. The courts have failed to admit those last points, which is darkness, for everyone benefits from more reasonable society in metå-physical ways. There is some segueway between this sexual crime operation, corrupt county and local government, and organized criminals. As I have said, Christopher Garvin, is a major player, I am very worried my sister was a prostitute, and in danger, because she knows people, yet was not one of sexually-abused young. Christopher, her son, and Grant, Mark’s son, may have been, or be. And this situation is very capable of hiding behind the legal system, it has powerful connections, it is nation-wide, it is in your interest, to look into the matter, with someone who knows the saving-grace meaning, and can show it, and the absolving, of “The Kingdom of God”. For without working with me, Law Enforcement may not be able to corral it. It takes integrity to exert reason upon an out-of-control situation. One must be free,  in a way, to stand up to pressure, with reason.

This is essentially what I know, some far reaching criminal influence and exploitation of our government, including judiciary, audacious enough to kill my mother and critically corrupt my siblings. I am one to stand up for rights with. My knowledge and working with the courts, will lead to a roundly beneficial situation to N.J. And beyond. This is the nexus of this complaint. Care about this, let’s go further. Fear of this is grounded in shadows ofan ignorance, of how easy it to effect the kingdom of god as people.

2) I subpoened and tried to work with Elinor Taylor, Medical Records Director, Kessler Institute, West Orange, for the elaborate medical records on Vera’s condition. R.4:46b, asserts concerns with evidence itself, not procuring it. The court has not helped with discovery noncompliance, my own ignored subpoenas, or the fact that 10-20 people, I know, or know well, with knowledge of this, do not reach me back. If the matter of her constraint and incapacity needs to be seen now by defense, or inhibit and restrict, the numerous trial issues before this case, the defense can have those records sent to the court very easily, according to Elinor Taylor, as executors; even though they committed fraud on probate application to gain those letters of administration this way.

Court did not inquire into emails specifying 6 million set aside for future generations, not touching the principle, for education, business, or family vacations, April 2010. Why were these concerns not tailored into a will, and a 1994 draft leaving all to Mark and Vern, gone with. Why were the  witnesses to this will, not compelled forth per statute?

Was the fraud Vera domiciled in Hudson County, done to gain a corrupt judge, who then ignores these inquiries and intimidates people with knowledge, Vera was murdered? Why per 3:B 10-13, was the fraud not looked into by Judge Velazquez? Isn’t their testimony tainted now? Why wasn’t per statute 3b: 2-3, superior court in Mercer County, discharged with the duty, as this isn’t a dispute, or controversy, but fairly undisputed fraud, as any superior court can oversee any surrogate court; Where is the recognition Statutes asking for other wills, can only be discharged by venue the deceased was domiciled in. 3B 2-29, other wills.

What about how since 1994, when the will was drafted, I have worked hard, gained trade and experience, and been very useful to her? Surely this ommission is suspiciously consistent with a will fro1994. Casting me as I may have been known in 1994, (it was unsigned till 2010), but certainly as no one knew me in 2010, is suspicious.

People want to be rescued. The roots of this situation goes to a judiciary ignorant enough for criminals to hide behind. Protocol gaps, such as not showing the will and trust while Vera was alive, not reassuring sharing documents, not including me in her business, an old will, witnesses the family doesn’t know, the injury itself, her death the morning after her inlaws arrived. Not blaming Chris Garvin or seeing I am trying to be a good guardian should defense be incapacitated.

Vera was denizen enough to be explicitly known by surrogate court as not residing in Hoboken. Our tragedy, is probably one among many victims to this.

Statutes compell inquiring into fraud, 3b 10-13, they suggest superior courts where domiciled be discharged to handle fraud, not superior court in same venue as surrogate. 3B:-29, ” Superior Court shall have jurisdiction to compel…a will of any decedent, who died a resident of the county, …..to be lodged with the surrogate of the county for probate. Vera died in Mercer County, on the death certificate.

R.P.C. Rules are violated by defense counsel, false testimony, knowing criminal acts. R.1.6 candor to tribunal. R. 4:50 show relief may be granted for fraud.

 

 

 

 

 

 

The Otherside of Machiavelli

July 24, 2012

Machiavelli is renowned for “The Prince”, a book of advice to a prince of Tuscanny in the 1400’s that advocated draconian tactics and deceit; where Hanibal and Ceasar, were successful for being kind to their POW’s, and forgiving to the conspiratorial. (Though to be sure Ceasar did die from a conspiracy), he did rise swiftly through politics. Yet his brightness more equivocably shows in his work “The Discourses”, as M. cites many, mainly Roman Republic examples, of history, and offers an opinion; yet it is easy to disagree with him.

For instance, in Rome’s earliest days, when it was just beginning to expand and among the smallest of proud states, it came across a nearby kingdom, and it was ready to go for war, but you have to understand, war back then didn’t result in total oppression, or long war. It was about hegemony, and the erosion of native culture, like our current excursion into the carribean, rather than the elimination or removal of tribes, like we did to the indian, or any elimination of the political system to another tribe, which like Rome, had a system of a Senate, and King or chief executive. So what you have to understand here, and pointedly not have been taught, is that back then, in central Italy, all the tribes, The Sammites, The Etruscans, The Vulcans, they all had Senates and a usually short-term leader. Though they were tribal, they still had a Senate, which mainly the rich families were eligible for.

So the Romans come up against one small nearby Kingdom and the nearby Kingdom’s King in all his wiliness said, “your best three against my best three”.

Well, that makes a lot of sense to me, because you seriously limit casualties, yet Machiavelli advises against such for the reason you trust your entire kingdom to three men, and your entire kingdom is far more diverse then three men. So this is an example of Machiavelli not caring about casualties, or how mmild the Roman yoke could be, for I believe they go on to share power together and merge, but with each faction having concessions and rights to a ground floor of political hegemony.

Why would Machiavelli make such a big deal about the survival of one kingdom, particularily since Rome never loses? There may be a mathematical equation maximizing defense through a diversity of military representation,  but then you don’t consider casualties; which is a calloused Machiavelli, so they say, from his years of imprisonment, I believe; yet you may have fun arguing the other side of Machiavelli’s conclusions.

Lets play through and check out if this form holds up in another one of Machiavelli’s short chapters. Here he speaks about how while Historians call the people inconstant, the people, to Machiavelli are far more constant than a prince.

Now to understand his debate here, you have to understand the people of antiquity had more say than they do now. Since each tribe might own land the size of a county or a few, the people were close enough to each other to rise up and effectively protest bad leadership. The government wasn’t so far away and out of touch back then, and smaller, and less intimidating, as well. The tribal practices too, must have given a fulcrum against the way of History.

Now right off, you can see how each Prince is different from another, and yet the people maintain relatively the same temperment and culture. However specifically, to ascertain why Historians complain of the people as fickle and inconstant, in that in antiquity, they were often convinced, by passion-inducing orators, to punish leaders judged poor, and then lamenting that they needed and could have used that punished leader, down the road.

Machiavelli cites Manilius as a famous example of someone found dangerous, and truly was, and so was sentenced to death; yet, upon ceasing to be a danger, the roman people, who popularized generally conservative notions of the people, images as such, desired Manilus back in power; wanted his brand. And Livy, describing how the nephew of Hiero was overthrown, describes the masses as either subservile, or arrogantly domineering; and it is true, Sicily is of complex enough charactor, that the people tend to move and factionalize politically in several different ways, because north africa out of Carthage, and Rome, competed over three punic wars, to be Sicily’s friend, because back then Syracuse was a prestigious, famous city; London, Paris Rome, back then, was Rome, Syracuse, Carthage.

First Machiavelli says, you may blame political forces, for the people flip-flopping in their opinions. Though the people make decisions grounded in a concern regarding their own safety in those warlike times; whereas the Senate and Ruling Classes, may allign with the wrong side, and so be sent to death, by the winning side, or their own people, so as to disavow with their leaders. After all, Saddam Hussein and George Bush caused the Iraq war, not the American People, or The Iraqui People; and back then, there was a mantra to saying so; The Iraqui people would have garnered Saddam, given him to the U.S., and then said, “now please leave us alone”, or something.

Then Machiavelli asserts, “few princes have been good, many have been bad”. Again, with small princedoms so common for so many millenium, it is hard for me to say, not knowing many, if the bad to good prince ratio is 7:1 or 20:1 etc. Lets look at our presidents, and leaders in general. Not many take us places, many are not good enough to not quickly be unstable disposition in times of trouble; They are vulnerable. And yet while none might have been superlative; surely none have been so bad? None have improved life, yet the history of politics seems nothing about improving life; and yet the great majority of them, have not had their country destroyed, though we certainly do worry; things have stayed constant for the people, and our rulers have flitted around the home plate of charactor and fineness.

Because so many kings have been flaky, in a bad way, Machiavellie concludes Kings are inconstant compared to the people. Now our people in America, by this mark, have too little power to be effectively in constant; while our presidents, are generally conservative and unchallenged enough, to be fairly constant; but in ancient times, kings had lots of power, enough to cause problems, and because the people had more power and stood up to them better, the kings felt enough pressure to use their power unwisely.

Machiavelli goes on to say that kings subject to laws are not included in this debate. The kings of Egypt and France, and presidents of America, are so by law, they are constant; and yet the Kings od Egypt created a world that greatly told its citizens what to do; abolished the family unit, for state effectiveness and deployment.

The masses, mirror the king, the quietness to the reign of pharoahs, presidents, and Kings of France, mirrors a quietness of their masses; because politics are not subject to the attitudes of the people, or the king, but Law. While a constitutional convention every 15 years might grant dignity to the people and work on laws fitted for our times; it would factionalize, and render the people able to wield more power, and power and government more required to use power in return.

The Roman Republic, as reported by its historians, emphasized a moral people, who matched an uncorrupted government. It helps though to remember Livy’s story of Manilius, who became dictator, for Rome, in times of trouble, solved their trouble, through a short-term dictator; yea, one thing their history does formulaicly show, is that increasing centralized power, not allowing democratic debate, is what it takes, and how to get through, the crisis-times of your country. I mean over a century they might have to do a Dictator, three times. This Manilius they picked, to my recollection, refused to resign, when the crisis ended, refused to step down, at the end of his alloted term, and conspired against or conspired with, these ten judges selected to help him rule. So the people killed him, and then missed his brand of evil galvanization, and further proved how unsettling events can disturb the psychology of the people.

Machiavelli says that if the people are in power they can be gracious and good; but that a prince will be more likely to whinny and try to shake off objections to power, and thus a prince is less constant, who contemns the laws upon him.

Judges

May 22, 2012

“Substantive due process or right protected by this amendment must be one that is fundamental, able to be recognized as such by references to teachings of history and basic values that underlie our society and such historical reference is necessary because of the need for objective standard (Petrey v. Flaugher D.C. Ky 1981, 505 F.Supp 1087.”

The amendment referenced is the ninth; about the retention of rights when rights are denied or disparaged. https://vicfedorov.wordpress.com/2011/02/25/petition-for-writ-of-certiorari-from-supreme-court-studies-the-ninth-amendment-and-how-to-retain-rights/

The point is that to instigate and implement, through the judiciary, rights, or corrective processes, historical perspective provides an objective standard, objectifying, ironically, through the relativity of history.

I place the origin of today’s problems, politically, in local polities that abridge peaceful-assembly-decision-making, a media that seems against us, and the judiciary.

I’d like to speak of the judiciary. The judiciary needs reform. The Article on The Judiciary in the national constitution is the shortest, of 2 or 3 paragraphs. The Roman Republic, which was very grounded in laws, compared to kings, took several hundred years to evolve to a point of having a judiciary. Thus history shows the judiciary as more likely to evolve than the other two branches. Indeed, until the roman people clamored for a judiciary to check the abuses of the Senate and Executive, there was only The Senate and Executive.

So let’s cast our judiciary in the perspective and light of some judicial natures of history; particularily examine Judges, as one of the big problems with our judiciary are the judges.

First, the perspective of the Roman Republic: First of all, their judiciary only came around because the army went on strike to protest war. Before, there was only a Senate, and Executive. The Senate had to be from the Upper Class. The executive term was one year, and could be by committee. Many tribes and societies of ancient Italy had this system.

From this inception by soldiers, of the judiciary, who leveraged this, you may derive two differences from our judiciary. The first is that to be a Tribune or Judge/Prosecutor in The Roman Republic, you had to be from the Lower Class, you had to be poor. Class collusion, was and is, a real and logical, concern. The polity of The Republic was open-minded enough to realize only allowing the lower class to be elected Tribunals, is a legitimate check upon the powerful and wealthy, and that if tribunes were allowed to be wealthy, they would only lean to the wealthy Senators and Counsels, or Presidents. This is a very humble and ethical notion associating important positions, with lifestyles of the people. Often trades have trade-offs. The important farmer makes little money, but works outside and is important.

So I believe some understanding the judiciary, as a check by the people, upon the allowances of the legislative and executive, and as the vast majority of those afore are wealthy, to be consistent, the judiciary should or could galvanize the not wealthy, as morality may tend.

The History of The Roman Republic sheds light on a second difference and potential reform our judiciary needs: a) Not being chosen by the executive. How is the judiciary to be the intended check upon the executive, if the executive appoints them? That makes no sense, and very often these days, we see judicial preference for the executive branch, exactly play out this way. (It’s also the same suit as the federal government paying the salaries of congressmen, as opposed to the states or people they represent, thus rendering congressmen more loyal to the federal government, than their constituents). Thus, in Rome, the people elected their Tribunes. And not with paper ballots, but in the piazzas with ayes and nays. Because the people understood, it was obvious, if the executive branch chose the Tribunes, The Tribunes wouldn’t prosecute those with the most power to do harm, who behave immorally, to the detriment of The Republic. This was just common sense back then. Where did it go? Likewise, for a time, there was a compromise whereby the upperclass couldn’t determine who was elected, per se, but did have some, not total, official say in who the nominees were.

And b) the prosecuting arm or justice department didn’t come from the executive, but from the judiciary. That way the judiciary could focus on the folly and crime of the executive and legislature. The agency focused on law and justice, morality and folly, initiated, chose and prosecuted cases; not the executive, which was concerned with leading the people. The Executive led the people; however, the judiciary was there to examine that leadership. This way adjudication depended upon the people’s complaints. Whereas if you complain before a judge today, they may not relate to the grievance.

Also, the judiciary had to approve laws. And the people had to ratify treaties and declarations.

Second, let’s look at judges from the perspective of the judiciary per The Jersey Plan. Our national government now, the constitutional convention chose The Virginia Plan, but first they considered The Jersey Plan. The Jersey Plan would have had the judiciary focus on treaties and laws, even handle diplomacy and negotiation, as consistent with judicious intent. The Virginia Plan does not allow States to negotiate with each other, trade pacts, or anything. The Jersey Plan allowed such pacts if they were approved by a federal judiciary. So the Jersey Plan, like The Republic, saw the judiciary as a wise fulcrum for the analysis of legal issues; as their most dynamic compass; directly overseeing government work in diplomacy, law, and trade; rather than being a resource contingent upon litigation, or looking at what is brought up before it, as opposed to having a domain and range of its own concerns, primarily aimed at legal and moral issue, and criminally, primarily concerned with people in power who violate the law. The fitness of justice is quintessionally grounded in judges actively scouring for wrongs. If this origin is disipated, so is justice. There also must be some correllation between misbhevavior by our leaders, and misbehavior in our society.

Third, from the perspective of pagan tribes, which had governments of checks and balances, and classes, and judiciaries; criminal problems and criminals, by the people, not the people in power, were handled by the people, who counciling and assembling often, handled the criminal problems, so the legal system was not beaten down with incessant concerns regarding keeping the peace and orderly society. By law and order being handled by the people, the people being closer to experience, truth, “God” or spirituality, than the people in power, a kindness was supplied that reduced crime, rather than the anger through the legal system we see today, that has yet to really diminish our criminal statistics. Because the artifice of state, is not low enough to the ground, to exert the peacefulness, the godly may induce; as Druids, or the religious, of pagan tribes, was also assigned to keeping the peace, not the state as manifested by knights, and balances of power, and orders from government regarding the organization of society. This is important to get. The people can handle criminal affairs, while judges may handle legal technicalities, or moral recalibrations, or problems in other parts of government, or treaties, or policy issues as they pertain to legal understandings or officials who commit crimes, the people are more fit like juries, to administering the peace, because they are closer to an enlightened mindset than the state, which has a harder time enacting enlightening by burden of its own elaborate apparatus.

And Fourth then let us look at judges from a Gallic perspective. Galls, the frequent enemy and sometimes reliable ally of The Republic, being less formal, and less on the winning side of history, than The Republic, didn’t have official judges. Their understanding of judiciary indented and ingrained into an overall understanding of governing their society. They valued dynamism, so as to encourage the power of who is hot, so to speak, or using his strength wisely. There would be frequent council in Gall, inviting half the citizens, but all were welcome, and the most powerful had clients they aided, and people who helped them. Basically, your political market, and number of employees, measured these Gallic bosses.

And, if there were people who were cheated and oppressed, or if there was conflict between the bosses, or towns or issues and disputes; whichever boss could mediate the best peace, or most effectively end the conflict, or most wisely gain the respect of deciding issues righteously; like lawyers, whoever administered the peace was given the most credence, and one’s reputation was related to the recent, not distant past. Judges weren’t given many cases in a row automatically, as they are now, that would make no sense to Gall. Whoever was making the world most peaceful and taking on the greatest challenges, had the most prestige. Judges were experienced people living life to the glory of Gallic ideals; conflict resolution didn’t exist in writing and casework, but character, truths, and form; living, not reading; active energy, not passive discernment; was what won the respect necessary to adjudicate through commands and agreements and work and negotiation and deal and blessedness. As I said, there was no guaranteed long term either; it was about winning the respect of the people through integrity and handling things. If situations were handled otherwise, those agents would not be considered as conflict-resolvers again, or for a while.

And from the contemporary perspective of common sense, there are several assumptions regarding judicial reform. I think it starts with the consensus that it makes little sense to have one constitutional convention for all time. Why not each generation have that privilege, and maybe weld the laws into forms for today?

Judges are overworked and tenure too long. More judges, enables less burn-out and more lawyers experiencing judgeship, which is good experience. Shorter terms for judges achieve the same goal, and diminishes judges falling into the pockets of corruption.

But most importantly, people reasoning together, is greater than one or a few judges. Judging, and other professions as well, really aren’t that hard, and come natural, like truth and fairness, which is what the judiciary is about. Don’t glorify or say judging is beyond the reach of most. The truth should be simple. Principles, easy to see, laws, sensible. Let’s honestly believe in law, and makes its adjudication participatory and accessible, rather than isolated and confusing.

Allow groups, even large groups, of citizens to argue and determine issues, like accessible jurists.

Finally from an experienced, Christian, spiritual, enlightened perspective, the judiciary erroneously follows the suit of voting and government and history, in the promotion of a world, that represents, what is not. The Kingdom of God, the being, an awareness of the lies, The Kingdom of Heaven or mind; our judiciary is woefully ignorant of this, and therefore far removed and impeded from truth and justice. Thus, as I said, ancient societies let Druids, who greatly tied together religion/spirituality, with the judicial wing of Society: Or The People would handle many matters as deserving the compassion the people bring, and respecting the generally greater understandings of the people in your life, than the removed applications of public venue.

They say the government has prisons and punishes people because if the people and victims did it, they would kill thieves and wrong-doers. I think this perspective forgets how forgiving The people are.

The media, history, purports describing earth, as it most really is. And yet of course, this description is oposite of truth, and devoid of even recognizing Mind, or The Kingdom of God. Media, History, fails to recognize itself as a story, a show, that for whatever reason, is perpetuated.

Of course there is a reason, a sad reason; if you see the apparattus as designed to sacrifice good, for fat, cleanliness for pollution, chivalry, for objectification; The media and history subtly guides our disintegration, and bad things.

Thus the judiciary must follow suit, and as government so, Not, proclaim the Truth, but be intended apparatus within society for the show and story of humans, put out. The Judiciary thus can not be honest, at the level it is handled now; thus note the other levels, and understandings of The Judiciary: Coupling it in Religion, with Druids. Or as a Quasi-Democratic Party of the People, to stand up to the Injustices of The Upper Class.

It’s own laws, The Judiciary fails to apprehend; much less self-recognize its place in the last paragraph. For example, Peaceful Assembly, is constitutionally protected as a locus and form of local decision-making through ayes and nays. Yet Mayors and C. abridge peaceful assembly. Likewise the tenth amendment reserves powers to the state or the people, not given to the federal government by the U.S. Constitution. Well Mayors, and C. are neither the state nor the people. The catch-22, is that if locals took on issues of justice, naturally, through Peaceful Assembly, as they can; the judiciary would start to reform.

 As it is now, my theory goes, reform must come from the judges. Judges know most of all what I am saying is true, and therefore the best imputus to reform. Likewise, Mayors and Local Councils, know most of all, the folly and ignorance of one representing more than one’s own self; and the reform of unnecessary local government, certainly would enemate from them. But, it hasn’t happened. The criminal nature keeps perpetuating itself, as the show and story of media and history; as this is what happens.

But antiquity understood seperating the judiciary from the state, as much as possible, and seeing the judicial check on other federal branches as broadly as possible; equally out of respect for a mode of justice within our world of sin.

——————

The thing is the constitution outlaws diplomacy between the states. So it is inherently against symbiotic relations, or contracts that mutually benefit. The unity of America, gets the states in line, by restricting what States can do. So how can the judges The Constitution provides, be expected to respect the nuance of relations, and sophistication, and contract, when the constitution is against these things very much, and therefore against human nature as well.

Likewise, The Constitution itself, is not a contract or honorable incorporation, as the document never officially explains the purpose of the order of The Constitution, is to unify the country regarding indians and european powers. Thus the causes of the Constitution never come up for debate or consideration, thus the Constitution is a document that doesn’t reference its causes and origins, and thus a document that floats upon itself, rather than a legal rational we may see and respect.

So how can a constitution that doesn’t analyze itself, create judges, capable of respecting an analysis of a situation? There is real hypocrisy here.

“A more perfect Union”. If unity is defined by opposition, and a constitution agreed to, because a more liberal existence not allowed, and the indians and europeans no longer a threat; “a more perfect union”, becomes not needed; and the goal should be something else. But if our constitution doesn’t have the mechanism, to throw the switch and change tracks, by not stating why the people and states are bound this way (Look at least with a tyrant, we know he seized power and morally may be deposed), we have these judges who can’t look at new paths, who are not seeing the situation en toto, only the trees, not the forest, are on a mountain without seeing how the mountain range looks from the distance. They look at something and seem disposed to adjudicate proportionate to power, and even falsehood, rather than realize we live in a world full of wrongs, distinguish trust and respectability from falsehood and oppression, and actually help sort out a conflict, or even pursue truth.

What Patrick Henry Said

May 3, 2012

Patrick Henry on June 5 1788

  1. He said the shift from Confederacy to United States was greater than the shift from Colonies to Independent States.
  2. He said the U.S. Constitution isn’t about states getting along, it’s not about an agreement between The States. It is not a contract each state signs agreeing to certain things. (It’s We the People, thus abrogating the states) It is not about why, and the reasons for, and nature of the causes for this agreement between The States. Because if it was, The Constitution would be a contract or compact between a confederacy of states; a confederacy that defines itself as involved in the nature of how states get along; Something, a consideration, strictly forbidden and well nigh inaccessible via the old C. Thus stultifying a natural polity into what we have now. The Constitution, by binding the states from policy-making that deals with other states; restricts and corrupts government. The Constitution is about swaddling, and binding and limiting; not diplomacy, experimentation, or compromising spirit or seeking the symbiotic specifically.
  3. 2a. Specifically, as elaborated in The Federalist Papers, The Constitution creates a federal government that has stopped wars between the states, and protected us from Europe and Indian. If this cause for the constitution, was cited in a compact between the states; it would be more honest, and reflective, a document.
  4. This is a consolidated government, he said. Turning it on The People, rather than the states, is a corruption of the interests of the people, via a mob rule of the newly powerful. Patrick thought it should go not go, “we the people”, but “The States, aquiesce or desire”. This is not more ideal than a harkened call to the people, but a realer politic; in that it would engender device, such as forms through the state, that can stand up to the federal government; better than the people, unpuissant throughout the land. When I say mob, construe that like a cosa nostra metaphor, where leaders may benefit by the organization of consolidation, but not the people; for the factionhood of states, that infinite value, is wiped out by investors in a homogenized mercantile-prone market; manifested to corporate exponents today.
  5. The ability of taxation by the federal government upon the states, will be greater than the monarchies upon the former colonies.
  6. Had we adhered to the principles of The People, and States, retaining rights, we would have a confederacy, and not alarming transition to what P.H. calls, “Consolidated Government”.
  7. By making our basic rights implicitly from Consolidated Government, we are giving them up. Beware the institutions that looks to protect those rights; for it is to control those jewels; as these rights can only be protected by force, when we give up the rights to that force to Consolidated Government, we effectively risk and lose the rights. And who is to say today, our press is free, jury trials common; that the rights of conscience and franchises of human rights and privilege, really exist today as they should do. Anything that claims to protect liberty, must be able to be questioned, and the consolidated government, the power of the states amputated, is unquestionable, too small for such a large nation, too large, to be weilded precisely. Do not put government in charge of our rights. Are things really that bad that such is necessary?
  8. Shall the confederacy, which freed us from Britain, and rendered us more land than any european monarchy, be abandoned and called imbecilic, and wanting energy? Does that sound true? “Take longer time in reckoning things”. Greece and Rome are full of the peoples “losing liberty by their own carelessness and the ambition of a few”
  9. (Note from Vic) Consolidated Government greatly reduces factionalism. The strife of factionalism is claimed counter-productive; but factions are questionable institutions that need to ground their authority in effective service, and factions thus logically are an alternative to government to invest in. Today we see stark, bipolar perhaps, factions of conservation and liberality. Isn’t this a trailhead to some states fulfilling their conservative majority and others their liberal electorate, with different health care programs and assumptions and freedoms and spirits, across the board. And without the federal government would these states tend to conflict with each other? Could there be a confederacy judicicious enough to guide the states into symbiosis, respect of difference, and unique strengths?
  10. Patrick Henry was right citing the loss of jury trials to civil cases, a great right whose loss our country has suffered mid the battle between localized wisdom and centralized folly; he says the old canard that power placed in congress will not be abused, when history is fraught with abuses of power by centralized agencies. Do not place power in government and the few. A federal army, will only strengthen government against our rights; and the vision enemating from the constitution, sacrifices the rights of the people, as empires, and manifestedly destined to be empires, have before.
  11. There has been relative peace, in Virginia, in particular, he notes, and so what is the cause to change? There is no danger upon on, yet we strive towards greater change then when spirits animated us against the british.
  12. When officials gain power in the consolidated government, and amendments to the constitution require the approval of 75% of the states; change will be easily stopped; standing up to the ruling of our consolidated government will be difficult. He is convincing, that 2/3rds of the senate, and 3/4 of the states, being needed to amend the constitution; will prolong the difficulties caused by men in power: Yet today’s world does not even test that system, so far-fetched is it to motivate change; even the equal rights to women, in a country where 44 presidents have been men, did not amass enough common support, in the seventies. “Isn’t it a most fearful situation when the most contemptible minority can prevent the alteration of oppressive government?”
  13. He quotes the Virginia Constitution as containing and conveying the sentiments that since government exists to benefit the people, altering and reforming it easily is essential to that goal. Since, as well, the idea of an evolving government, the people are instilled to consider and refine as a privilege to every generation; was sacrificed to the binds of Consolidated Government. The rights to alter government are seen as equally important as beneficial government. So to have a consolidated government with difficult means to alter and reform it, makes no sense.
  14. Binding ourselves, limiting our posterity and opportunity of the future,”the american spirit will decay”; ‘If ammendments are left to the twentieth or tenth part of the American People, your liberty is gone forever.” On this plane, England may easier change England, than Constitutionalized America.

 

  1. How will you punish abusers within government? How will you punish an army used on you? You have no militia, all power will be lodged in the government, regarding. Do oppressors release the oppressed? Arab Spring. The states must submit to these laws, not the people; the people do not need approve. Leagues and manifestations of goals, go through government too broadly. Government must be about how we get along; The binds of proposed government contradict the security the individual poor man feels now and the considerations of the constitution reduce his ability to influence his society.

On June 7th, Patrick added the following

1) “A full investigation of the actual situation of America, ought to precede any decision on this great and important question. Government is no more than a choice between evils.”

2)”You are told, there is no peace…Commerce, wealth and riches, vanished…..Laws insulted….tyrannical legislation…These things, Sir, are new to me.” Just what is causing the need for a constitution so? Let’s investigate and analyze the stage and polity here, “These severe charges which are demonstrated against it, appear to me totally groundless.” “On fair investigation, we shall be found to be surrounded by no real dangers.”

3) “We have the animating fortitude, and perservering alacrity of Republican men, to carry us through misfortunes and calamities. Tis the fortitude of a Republic to withstand the the stormy ocean of human vicissitudes. I know of no danger awaiting us. Public and private security are to be found here in the highest degree. It is the fortune of of a freee people, not to be intimidated by imaginary dangers. Fear is the passion of slaves….Let us recollect the aweful magnitude of our deliberation.” I mean as well, why shouldn’t future generations have the right and obligation to consider what we do today?

  • Note from Vic. Essentially two faults with Constitution. As written by “Brutus”, why not let every generation have a constitutional convention. And as spoken by Henry, what are the reasons for the constitution, and those reasons should be in the constitution.
  • There is a godly hopefulness to Henry et al, that whatever the country goes through, the country will be able to deal with. As a Historical shift to Constitutions from Kings, as the middle ages showed the King System not be as good as the Constitutional systems of Classical Times, where while there was some competition between the politites of Kingdoms and Constitutions, the Constitutional Polities, replaced the King, with the Upper Class, and this was expected. There has never that we know been a polity, popular with the people, grounded in godliness, (I guess there are a few, Like King Numa of Rome, and Lycergous of Sparta, that resulted in an abscence of class, and abundance of wisdom. Maybe this is the most offered. The hopes of frequent constitutioal conventions, or the faith the former colonies can work out their problems and improve their situation, maybe that is more than God Allows. For history is so poor, because God treats us as not worth much. Faith that things can be worked out, is a faith in God. Cynicism, that we need to restrict the states, so much, so as to eliminate war, as was done, between states, is almost a pagan acceptance of evil gods, that in the old days, were sacrificed human beings, too, but now, rule their sacrifices secretly through a manipulation of media upon The Kingdom of God.

Reasons Against The Federal Government

April 16, 2012
  1. When the former colonies considered the best course of action, ten years after the war for independance; there were three options on the table; unite as one nation, form three nations and strive to be friends and allies, further manifest 13 seperate autonomies; And in so far as they were to be bound as one nation; the choice was between a virginia plan, which we have today, and a N.J. plan, where the states could make pacts with each other, the federal judiciary more about judging pacts and treaties and laws for morality and common sense, and the federal government perform less at the expense of the states.
  • The idea of a strong federal government was to avoid becoming a wartime europe of frequent warring states. The idea was one strong overarching federal government, obstructing the evils of many particular states, would grant a peacetime prosperity, under par with many other epochs in history.
  • Yet there were arguments against this, that had faith in the states working it out among themselves without a federal government; that realized the indians would be more appreciated were we not under federal policy; that it would dangerous to give an army to a federal government that ruled the states, which in turn, would have no recourse to right any wrongs in the direction of federal government; that realized that binding many future generations, to a decision made now, was not logical, and that any constitutions be better off short term.

So arguing against Madison, Hamilton and Jay, were lesser known pamphleteers, lesser known, because, their side lost, such as one known by the Pseudonym of “Brutus”; who rose against the tyranny of Ceasar, whereas one rises against the tyranny of federal government. Yet to me, Ceasar was a genius, on parallel with Jesus Christ, in legacy, and initials, as a writer, and general, who saved Rome from the civil wars and political proscriptions, that legalized killing oppossing political supporters; nevertheless, for the lack of form in style, the substance of his arguments are sound, and deserve, rehearing now.

As everyone complains about the federal government, except the democrats in power, a weak link in the polity-chain you’d think that would make the whole of society fall apart; but apparently this is a different kind of chain, a chain, not where the innercorrosion turns on and blames the other corrupted-but-holding on links, the democrats, actually even while everyone blames them, blame no one else; that’s part of their problem; they’ll go extinct before they turn on the church, or war, or banks, or school or corruption or anything, as inadequate. It’s an amazing study of entrophied-atrophy. Not that the jeffersonian designs, and peaceful assembly protections are anything to scoff at. But the implementation of ideals through entities designed to fulfill them, has not worked with communism, or the tribunals of ancient Rome, or the Democratic Party: Because Power Corrupts, is unable to over come the power it has; but more so, may we blame a rejection of the spiritual for this folly?

But let me say is the way to take on the federal government…..well, let me start again, I, you, us, other people, your average joe, people on the street, none of us can take on the federal government. Not the lawyers guild or New England Journal of Medicine, or Amherst College, or your local high school teachers or cops or farmers; not the rainbow family of living light, the presbytarian church, or facebook; the federal goverment is too strong. God might be able to take on the federal government; but you know what; it’s possible to make the case the federal government is stronger than God.

  • Only the states can take on the federal government, and that’s at least three combined or better, with proper media support. And the states are the tcraditional designated driver for curbing any drunkenness we perceive in the old federal.

So we must explore how and what states can do to take on the federal government in the interests of the people.

  • Two quick points or digressions. The first is that one may identify the federal judiciary as stopping change, as the policeman for the way things are; It is a backwards judiciary on several counts; overworking judges, not allowing more making decisions together, an aversion to spirituality as compatible with law. Congress expanded by several hundred members since the Supreme Court was formed. The courts are a natural source of rights for the people, and compelled to recognize truth in general, but so few judges working so many years, professionalizing something accessible to most = big problems in America; we must note the media does not examine our judicial, and flawed infrastructure.
  • The Bill of rights, some said, needn’t be added to the constitution, as the constitution is in the spirit of all wise things. That more rights would be respected in general, without the bill of rights. If there wasn’t a bill of rights, and peaceful assembly not practiced, then maybe we would start to question the whole body of the constitution as inappropiate for future centuries, decades, as aribitrary in its terms and divisions; and most of all, as grounded in elections when the kingdom of god does not vote. Now this last, is most important. If you understand the term here, I am sure you know what I mean, elections are made up, a final ruse upon the illusion of society, and any society concerned about truth, must then be concerned about elections, on earth, when humans are converted to beings, and yet these beings are said to have a choice, about a goverment that ignores them???
  • It is indeed ironic that our world, purposefully unaware of its place in the universe, having descended into a Judeo-Christian age, is unaware of the application of the Christian Term, The Kingdom of God, particularily in relevance to voting. This omission so highlights the dichotomy between church and state, (And states should foster positive relations with religions); that it makes the state, and each of us, seem nonexistent. The logical conclusion of this ignorance, is our own abscence. Call it an existential-freudianism that deems itself, feel itself, is treated as if, non-existent.
  • Certainly I feel nonexistent. And that’s enough to make me cry, except I think of all the beings around me, they are nonexistent, and insofar as you reproduce the beings, you have become more nonexistent, and insofar as people’s lives are thus so largely controlled by Heaven, is stately design, in a sacrificial metaphysic, so then the people do not exist, and their concern about their concerns, subjucated enough ensuring nonexistence. Thus my own futilty, my own nonexistence, parellels states of earth, and people in the world, this is what I work through and try to change, through an analysis of the metaphysic in toto, where this is so blind, that we are all connected, and the notions of fortunes rising individually, capitalistic illusion.
  • Brutus is very concerned and compelled that one generation is making decisions for future generations. This could be cause for the nonexistence I feel now. Brutus is particularily interested in this issue the public is invited to consider, precisely because the happiness of future generations is at stake.
  • Brutus states the case, that energies have been lacking that would fulfill the public interest, so there’s a convention of states, and they have formed a constitution. The people are the fount of all power, so the people must approve it. If it’s a good constitution, there will be future happiness.
  • But surely there is a contradiction between the spirit of the people consenting to something for all time, and the spirit of the people enabled to reaffirm and reexamine its polity and structure; surely that is not so high a bar as to exclude generations; surely that will make the people more apathetic.
  • And what is the nature of general concerns the states can’t agree about. What is the inability to manage, the states have been going through together?
  • For surely the folly of our society is the lack of self-examination and healthy thought upon structures of society herself. As nonexistent, then asserting states as countries, is consistent with all asserting themselves, and feeling out what existence may be felt; for we are all beings all about. Any mismanagement is a calculated even sacrificial design by heaven. And what is heaven? Something attached to the consciousness, reading this, resigned to the state of affairs; my concern with the renegotiation of everything; is in their concern; defeated as heaven must be, to enforce this state, lie and sacrifice, sugarcoating metaphysic otherwise apprehended as serious enough to phantoms.
  • Two general impressions: Forming a long term union is a real politic; the low and acceptable offer to take, generally accepted. But what is that meta-physic? Why is that low ball relatively easy to take? Are the costs and rewards of other shorter term options explored? And, secondly, the assertion of power in the people, called to examine a constitution, that power can’t parted with for many generations can it? Now that the power of the people is accepted, is the point to tuck it away unneeded for centuries?
  • The dismal formula seems to be that the situation on earth, of the being, and nature of heaven, is more than our leaders can deal with; that the people in general are unable, partly that they gave power to leaders and institutions, partly that the design is not meant for something better; Recourse to the people comes rarely actually, as it did in Ameria in 1987, thus we conclude, power comes to the people, when the leaders decide to give it to them; yet the situation on earth likewise is too serious for one in the Kingdom of Heaven. Decisions, involving the serious nature of reality, must be made collectively, for it is too serious, otherwise.
  • If America exists to keep her states from warring, and collect the indians, that service has long been rendered. Our leaders, and peoples, too asleep to recognize that…..well, it’s just impossible to fathom a nation of mostly good people missing this key component of its critical constitution…..I can’t. Even without the structures some short-term cconstitution would have turned over to the people to excercise every other generation, even without giving back the form of peaceful assembly for local decision making, with ayes and nays, even with the military arrogance of a large nation: All these things may influence the psyche, surely as we wonder how much power the government has ever given back to the people: But it is not who we blame.
  • It is too glaring an ommission, only God ordains this; God in this sense defined as the kingdom of heaven, in negotiation or analysis upon, the universe; within a situation too serious to be considered without everyone; So therefore I feel the logic of dissolving 95% of the federal government, replacing it with state governments, and regional councils, is abundant, and hard to miss, and logical; so it will change and come about, soon: But somehow it must be coupled to our own empowerment. The world must turn upside down, or at least start to; and the commingling of heaven, with this world, seen. I must enter the Kingdom of God, and yet there still be a preponderance of seriousness to transmit the cause.
  • Yet it is such a gaping maw, to consider the allowance of humans, into the face of the risk involved. We are treated as if we don’t exist; we nonexist in that sense. The universe does exist, by transmitting its will upon earth with ease, or so we say. My nonexistence, in terms of being able to exert rational influence upon my society, in terms of ideas of obsolete government; intended for a sacred half of earth, signalled a time, as does now, when the people may assert within their nonexistence, where ideas I write of may be recognized and expanded, where America does the right thing, somehow this is all tied together in a spiritual reckoning, and a time given, to an epoch or age, where, like in 1787, the people have to be consulted, for the deal to be made; so now politics may overspill into the spiritual, and the extension of society critically include the calculations of risks, potentials of gains and losses, explanations why: For the Kingdom of Heaven seems dug in, to what its doing, for ages; yet so that consideration of policy, even amid the complex development of the afterlife, is not considered, dug in to trenching through each day, like myself; without hope in policy considerations effecting, mine, or Earth’s Practice.
  • There is the ability to think, there is sight, and the power that generates such, and it is serious about, but there are conceived of communications within a logical scope. Aristotle suggests politics is a metaphor in general, and for the human body in particular: But let us look at The Metaphor of 1787.
  • Brutus really understands 1787 is an important year in history. A) There are overtones of some great deal made to shift history out of medieval nobility and into Constitutional Republican democracy. B) The people are being affirmed and recognized as essential to government because government comes from the people. So this is a time very important, and Brutus argues we must convey that special issue of timliness, where the people are affirmed as central to government, by endorsing government, to future generations, rather than their greatness be marked upon taking away this democratic and essential affirmation.
  • Yet a done deal is a done deal. This was not to be, anymore than people decide issues rather than their local mayors today. The unfettered trust placed in the Government, has led to an apathy and dearth of concern among the people regarding their daily life, what they want from time life and what community offers; Should teaching be professionalized? Isn’t agriculture everyone’s first concern? Can we talk about our spiritual differences and why we think the way we do? Does anyone thing the universe is alive?
  • And the Unfettered Trust, Brutus argues, comes from rejecting the states as checks upon the federal government. Of making the judiciary, contingent upon the federal government, and then endlessly finding for federal government. Were states involved, and needed to approve legislation, things would be different; they would have placed the check, upon the ever increasing duties of the federal government; government which rarely gives back power; government which needs the check and balance and political development of its regions, closer to home.
  • Brutus says because federal law nullifies state law, because the line between what the constitution says the federal government can do, and what the federal government may eventually end up doing, is too easy a line for such a power body, to not cross.
  • The state becomes a metaphor for organizing sentiments of thought, even collecting like-minds. The state could be a check upon the revenue-raising ability of the federal government; upon the use of soldiers; upon what is the general interest and welfare. When the federal government is paying the salaries of these all important federal judges, do you really expect them to rule against the federal government? These arguments are very relevant today. Somehow these relevant arguments, credible and arguable as they are, have been filtered out of the dialogue, omitted from education; its hard to say this effect is not consistent with propoganda, and ungodly controll of media; not through any evil people at the helm; but because God wills totalitarian features in a metaphysic special times may consider.
  • The great and insurmountable difference between the ways of the ancient world which our constituional republic emulates is that ancient times had a viable and traditional culture of tribes. The tribes would handle criminal affairs amid the people; overarching governments, the tribes, from their cities, which had senates and constitutions, would send representatives to, were not invested with the awesome power of punishing criminals. Whereas America did away with native tribal culture, and coming from medieval europe, had little tribal sense; the state was the closest thing, the county, the locality, to tribal thinking; exactly what the constitution fails to foster.
  • Brutus goes so far to speculate the federal government may end the states; which has not happened; though the state rarely engages in relevant legislation, and national issues dominate the news. He cites how large countries, expansion of Greece and Rome, is where the tyranny comes from; whereas when they were smaller, as they originated as city-states, and amid a balance of power, they were must less tyrannical, and known as the good models political scientists seek to invest.
  • It is not hard to infer Brutus is recommending something like a constitutional convention, every 25 years, where each state has 50 delegates at one assembly, and maybe 10 of them in a senate, much like the political party conventions every four years here; and you could talk about what the states can do, what the feds should do, how long the terms should be, could the executive in chief be by committee, The Supreme Court, regional concerns, dealing with new issues. Can the assertion of the people every 25 years be allowed on the dark theater of history? Is this something for anyone to fear? Why wasn’t it enacted? Why have this Constitution for all time, yet every four years convene to nominate a president to lead us through its structure? Wouldn’t conventions, supercede these post carrying conventioneers; when the issue is men, and not strictly ideas?
  • The issue of humanity and what is on earth, is omitted; nor considered what is reproduced, and where does all the violence go to- Is it impossible to renegotiate? It must start from the acknowledgement of the Kingdom of God and what to do with it. Whether consensing together is time to consider what is possible considering this; what it takes is seriously known of course; Nor is it hard to imagine this discourse shying away from tribal circles and councils, or true peaceful assemblies; though the truest paths are often corrupted obstructed.
  • The number one thing I think a regular constitutional convention would consider is what pacts and trade deals states or regions could make with each other. The country would be sustainable as possible, states would produce for markets in other states, this would inspire states to have their own automobile manufacturor sort of thing; producing for direct and nearer market would also value producing what is needed and valuing not producing what is not needed, waste would become a clearer guide.

Brutus argues forcing the vastness of this country through the thin lines of this federal government, will disenfranchise the people of this country. The people are underrepresented in this federal plan. There are too few congressman, and having more, would make business more cluttered. So Brutus is identifying the form of congress as where common local issues may be addressed, in concourse. But our distant climates, different manners, ad interests are too diverse and heterogeneous for one government. And this is true, our economy would be streamlined and powerful if states developed trade pacts with each other.

  • Brutus goes on that a great army will be needed, that our great soldiers, are first there to enforce the federal government, and great armies are where tyranny comes from, as armies are more naturally approved as needed by the people, than be standing forever.
  • Along with soldiers, the legal system will be beholden to the federal government and this is out of backward medieval courts, where the king controlled the judiciary.
  • The dispersion today, is not as great as it was in 1787, because we are much closer via media. Maine and Georgie had not much recourse to each other’s mind, he cites.
  • Brutus opines the soldiers will be used on its own people and officials soon corrupted. The former only seems like its about to happen, whereas the latter is a longstanding complaint it seems only a cconstotutional convention addressing such isues as these are needed. I think Brutus exagerrates here on both points to excite the people here.
  • We have to ask ourselves how much is limiting the people’s asent to the constitution to a one-time one-shot deal, rather than putting in language for a constitutional convention every 25 yrs, is that some play to power by a ruling class seeking the mercantile homogeity and expansion a one size fits all government does?
  • Brutus writes of taxation in his second published essay. Like Hamilton and Madison in The Federalist Papers, and also I believe, writing out of NYC, and New York; Brutus also totally believes the power to tax is an awesome power of the federal government to tax, is the most significant power to the federal government. The ability to tax, to enforce taxation, through soldiers ultimately, is the critical cog to government; not because taxation in itself is bad or evil, but because taxation potentially, and does, fund government across the board.
  • Regulating the taxation of the federal government is of utmost important so as to check unfettered government able to spend on whatever it wants to spend on; like a girl on a shopping spree. Checking taxes, through forms such as state consent, would guarentee the federal government wouldn’t get too big, evil and onerous; and likely limit wars.
  • I hope the people wanting their taxes lowered, ultimately understand this is about limiting the role of government. And I hope people about limiting the role of government, understands those roles probably do have a need that can be filled by the people, through the people, and also that eliminating federal expansion is consistent with increasing the experience of state government. There need not be a total reduction of government. I fear the debate forgets, how the responsibility of state government will increase, as federal government, and the expanse of land it is entrusted with, is questioned.
  • Taxes will always be approved by a government approving itself, through a judiciary as well appointed by the federal government, and therefore it is assumed to government to theoretically have an infinite amount of concerns, yet the idea of an unlimited government, is something no one wants; Particularily in preparations for war, we should not assume some unlimited quality. That is wrong. It is better to shrink the concern of war, than make it the infinite fount for taxation.
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  • Likewise having a standing federal army is threatening and inhibiting to the states and the people and contrary thus to moral government, and an unchecked government likely to propell into further soldiers; citing Ceasr transforming the republic to an empire via his army. Brutus also cites Cromwell, as a general, who by maintaining a standing army, curtailed the freedoms of the people and virtuos government. Thus the idea of a federal government having a standing army, is a bad idea. 70% of the former colonies eschewed a standing army. Brutus argues the constitution needs a clause citing what criteria has to be met for an army to be raised. In this, he cites trade with the indians as a goal.
  • Brutus mentions that Massachussetts and Pennsylvania compelled an army, because there were militia’s actively waging war against it. What is Brutus’s opinion on militias? A recourse for the people against federal government, or a weakened form of standing army ripe for manipulation? In any event, the unresolved, important question of how states can exert a check on the federal, is mentioned, and unresolved, short of saying he could not support a constitution where there was no way of states checking federal government. States should ratify wars; likewise this is the huge problem today still: There is no check by the states on the federal, and that simply does not make sense.
  • The idea, Brutus says, is for the federal to be much less than the states. The state representatives to the federal will soon be federal, and the notion of changing them into another politician who will not fall prey to the federal, cynical reality. That is why a real debate in the constitutional convention was state legislatures controll their state federal representatives; then decision-making would originate out of the states; thus you have to see how the states, must meet the federal, and giving this responsibility to the people, through elected representatives, treacherous, how it appears to offer power to the people, but really is about extinguishing effective and potential limitation upon itself. It’s a real example of a masquerade, a snake oil , the U.S. is founded upon.
  • Brutus Hamilton and Madison agree where the issues lie, but see them differently. The power to tax according to its desire is agreed upon as critical, but seen as positive by one, and negative by another. Soldiers are seen as intimidatig, but that is good to one, bad to another, and finally the strong and concentrated judiciary as well.
  • The concentrated judiciary is firmly cast as being bound by the constitution. Brutus’s questions that as limiting the number of wise rules that may guide us. Likewise, that our legislature is so judicially bound by the constitution, rather than the constitution bound by congress may not be wise, and certainly limiting.L
  • As we see played out every year, the judiciary encourages the federal government; which Brutus warns of, as in thiheretly wrong structural design.
  • The terms are too broad in the constitution. “The general wellfare” and other such terms, can include anything, this too will make government inherently expand at the expense of better government, “equity” “domestic tranquillity”
  • Brutus then goes on to point out legal similarities between our proposed government and recent British kingdoms, mainly that the executive still greatly controlls the judiciary, and the judiciary be more a rubber stamp for the government, then an active engaging entity of morality for the people; which was why history loved The Roman Republic, and I the jersey plan, which would focus the courts on pacts and laws, and innovation, while criminal, be handled, I say, by the people, who are closer to God than the government.
  • How do we incorporate approval by states, into national legislation and war? How do we make the judiciary more about rights and morality. Did Brutus know the judiciary of the roman republic was staffed by the lower class, the upper class couldn’t work it, out of fears of class collusion. Hamilton cites antiquity all the time, and pointedly ignores the liberal effect and intent of the republic judiciary, that’s what missing.
  • Where is the god and christian terminology in all this? Where is the tribal understanding spirituality and government go together; or does that lead to hard truths, the kingdom of heaven wants us to not deal with?

 

  • DIFFERENCES BETWEEN THE ARTICLES OF CONFEDERATION AND THE UNITED STATES CONSTITUTION

1) The first thing is agreeing our name is The United States of America

2) Every power not expressly delegated to the United States, is retained by each state.

3) The point of joining together is to protect ourselves, from europe and indians.

4) Paupers, Vagabonds and Fugitives must be turned over, and have less rights.

 

 

5) Decisions for the United States are made in convened conventions also known as Congress, as necessary.

6) Each state sends 2-7 delegates, each state has one vote

7) These delegates do what the state legislature tells them to do

8) All speech in this congress is protected, as are the persons of the delegates

9) You can’t be a delegate more than 3 out of any 6 years.

10) One of my big problems with the U.S. Constitution is it forbids states or entities making their own currency, and doing trade pacts with each other, and pacts in general. In The Articles of Confederation, pacts and treaties between states, are allowed, as approved by congress, as their purpose and duration explained.

 

11) States can’t have standing armies, specifically, but should have an official armed state militia. The government may commission garrisons and warships for states; not the states themselves.

12) States can’t make war themselves, that needs approval of Congress. From this tone, you can see, states tighten up around indians. Yet if the state learns of an imminient Indian attack, it may go to war.

13) Each state ponies up funds and soldiers if required. Said officers to be appointed by State legislatures. Each state is assessed by the value of its land, and then the state collects that from its people. Hamilton thought the right of Direct Taxation, the right of the federal government to tax individuals, critical; as the states wouldn’t collect enough, being closer and kinder probably to its citizens.

14) Congress would resolve disputes between states, including how much a state could expand into Indian Terratory.

15) There is no president or executive in the Articles, a majority of congress decides everything of importance.