
Commercial Liens - Ch 8
Chapter 8 - Final Thoughts
by Alfred Adask
[Editor: This chapter consists of excerpts from several editorials by Alfred Adask, editor/publisher of the AntiShyster. All excerpts and quotations from Mr. Adask are reprinted with permission from the AntiShyster, P.O.B. 540786, Dallas, Texas 75354-0786, or call (214) 559-7957 — annual subscription (6 issues) $25. For additional information about the AntiShyster, see http://www.antishyster.com.]
THAT’S CONTEMPTIBLE
Precisely because the commercial lien is so powerful, that even judges cannot remove it, you may run into a particularly cantankerous, abusive, tyrannical old judge who can’t stand the idea that his powers might not be irresistibly god-like. If you encounter one of these megalomaniacs, he may decide to exceed his lawful power and jail you for contempt of court (for insisting on your lawful rights). Since he cannot declare the lien illegal or invalid, charging you with contempt of court is probably his only recourse — his last resort . . .
So as you already know, you can be absolutely right in your application of the law, and still wind up in the slammer. Therefore, before you start "liening on" government officials, you’d best learn how to defend yourself against contempt citations.
The various lien strategies are not toys for playful pro se’s. These strategies appear to be so powerful, so threatening to the "bad guys," that you can bet that they will respond forcefully and exploit whatever powers they have, lawful or otherwise, to defeat these liens. So be careful.
IT TAKES MORE THAN BRAINS
Judges routinely abuse their authority and get away with it, so what’s to stop ’em from abusing their authority in any case involving commercial liens?
You. Your courage. Your commitment. Brains and knowledge are not enough. It also takes guts.
Only you can stop the judicial abuse. And, initially, it’ll be tough. There will be some casualties. But what it boils down to is this:
1) This is a Civil Rights struggle. It’s political. That means lots of people. Therefore, you can’t go after the system or its henchmen by yourself — you must work with others who are in a position to support you in court, in the media, and, if necessary, in jail.
2) Initially, a few folks who file commercial liens will have to be willing to "pay the price" of going to jail in order to draw media attention to the judicial abuse and to the original crimes that precipitated the particular commercial lien. (If that thought is distressing, realize that from the point of view of the "other side" it will be necessary for a few judges to risk being sued, impeached, even jailed in order to "scare" us out of filing liens; i.e., unknown to most of us, the judges are also in jeopardy.)
3) A judicial threat is not the same as a judicial act. Threatening to jail you is not likely to create a "cause of action" since you have not been "damaged." Without the "damage" of false imprisonment, you can’t sue/lien the judge himself. So the judge is more interested in threatening (bluffing) you into compliance than in actually jailing you since your incarceration may expose the judge himself to personal liability.
4) Just as judges will try to scare us off with threats of contempt, we must try to scare the judges with "threats" of public exposure, and even civil and criminal charges filed against the judges. The "law" is not the only issue. This is also a test of will and nerve. He’s got to know that you won’t quit. . . .
You’ve got to realize that the "practice of law" involves a great deal more than just "law." It involves psychological warfare, guile, bluff, and the ability to "read" your adversary.
Remember, despite what you might be led to believe by the movies, court cases are not scholarly "debates" so much as contests, even street fights. Knowing the law is just the beginning. You’ve also got to be able to "know your opponent" and, also, to keep your opponent from "knowing" you. . . .
It’s not enough to have the words. You’ve got to have the guts enough to stand behind them, knowing that you might not win, knowing that you might even suffer a serious punishment for saying the words. If the judge smells fear, he can slap you around even if you’re right. If he smells courage and conviction sufficient to cause him personal liability, he will be reluctant to mistreat you even if you are wrong.
This is not just law, it’s politics. And more than politics, it’s a fight. A fight. Do you understand? Complete with black eyes and bloody noses, and sometimes even worse.
But it’s a fair fight, because, as bad as those judges may be, they are human and they know they are outnumbered thousands to one. The judge can hurt you if you stand alone, but if you stand with others, you can hurt the judge.
In the final analysis, the issue will be settled as an act of will and courage. It will be won by the side that refuses to lose.
A "SILVER BULLET RIFLE"
"Patriot" and "pro se" publications . . . routinely present new strategies which purport to overcome the various forms of institutionalized injustice in the American legal system. Often, these new strategies are implicitly "guaranteed" to work first-time-every-time to quickly defeat injustice and achieve results most people would regard as impossible.
These "can’t lose" strategies are generally known as "Silver Bullets." Adherents of these Silver Bullet strategies often embrace and espouse them with a religious fervor, so sure that they are absolutely right, they tolerate no deviation from their "ultimate truth."
Critics, however, remind us that the term "Silver Bullets" is derived from the "can’t miss" accuracy of the Lone Ranger and the mystical effect of "silver bullets" on werewolves and other creatures of the night (like lawyers, judges and IRS agents). These critics contend that today’s Silver Bullets are every bit as fictitious as their forebears, and to believe in any of them is equally naive or perhaps even delusional.
The critics may be right. Perhaps there are no Silver Bullets to stop injustice. After all, our laws and courts are so capricious and complex, that every search for Justice has become a kind of crap-shoot in which anything is possible and nothing can be precisely predicted or relied upon.
So do Silver Bullets really exist?
I think they do.
I believe in Silver Bullets because ultimately, I believe in rule by law rather than rule by men, and so I must believe in the LAW and its essence — Silver Bullets. After all, in the final analysis, Silver Bullets are nothing more than quintessential, irrefutable, unbeatable principles and applications of LAW. . . .
So, having confessed my belief in Silver Bullets, do I claim to sell ’em in publications like this [AntiShyster]? Can you depend on every article, on every opinion, on every word we publish to be accurate, irrefutable, and "guaranteed" to give you victory every time?
Absolutely not.
Can you depend on any of the theories and strategies presented in this publication to qualify as Silver Bullets?
Maybe.
Sometimes.
Actually, it depends . . .
Depends on what?
Depends on you.
To continue the Silver Bullet analogy, answer this: Do you think you can throw a Silver Bullet with enough arm speed and accuracy to pierce the heart of a charging werewolf? Of course not.
See my point?
Armed with Silver Bullets and a proper rifle, you can kill werewolves. But without a rifle, Silver Bullets are no better than a handful of pebbles. Without the proper rifle, all you can do is fling bullets at the werewolf, and that’ll only make the mutt mad.
So, where can you buy a "rifle" that shoots Silver Bullets?
Sorry, you can’t buy one. But you can make your own.
And where can you make such a "rifle"?
In a quiet room, a library, or a church. Sometimes on an athletic field, in a war, or hospital emergency room.
Does this "Silver Bullet Rifle" analogy confuse you? Well, it’s just a riddle to try to make my point: You see, you are the "Rifle."
Just as you can’t shoot a .22 caliber bullet without a .22 caliber rifle, you can’t fire a Silver Bullet without a "Silver Bullet Rifle."
To successfully aim and fire a Silver Bullet, you must become a "Silver Bullet Rifle." You must be "machined" to achieve the proper caliber and barrel strength to withstand the explosion. You must have your "sights" aligned with solid judgment to reliably strike your target. And, perhaps most importantly, you must have or create enough personal courage to pull the trigger.
To fire Silver Bullets, you need more than information, you need understanding — which only you can provide. And more than understanding, you need determination, persistence and courage — in other words, you must have the personal character necessary to "shoot werewolves."
So who will "machine" you into a "rifle" of the proper strength and caliber to fire Silver Bullets? The answer’s obvious. It’s a do-it-yourself project and you’re it.
And how will you "machine yourself" into a Silver Bullet Rifle? The answer is beyond the scope of this publication. Suffice it to say that each of us will use a different method to discover or create our own courage, morality and character. But know that you can’t fire Silver Bullets accurately until you first make yourself into someone with a long-term commitment to Justice rather than a short-term appetite for a quick personal advantage.
Remember, Silver Bullets are not magic incantations. Some folks use Silver Bullets with great success; others use the very same words and forms but fail. It’s not enough to merely say the words or fill out the form. You must understand what you are doing. Silver Bullets are merely instructions, procedures and directions which tell you how someone else killed their particular werewolf. Silver Bullets provide only information. You must provide the understanding, courage and character necessary to apply the information correctly. . . .
Don’t depend on mere words and forms; don’t depend on luck. Don’t depend on Silver Bullets. Depend on you. Depend on your perseverance, your understanding, and your determination to seek Justice rather than unearned wealth or revenge.
So. Are the theories and strategies in this publication Silver Bullets? Maybe. Will they save your house or your car? Will they save your money, your job, your business, or your family?
Sometimes, yes.
Sometimes, no.
But even if you lose, your efforts won’t go unrewarded. In the end, the search for Silver Bullets may create something unexpected and more valuable than property or even relationships: it may create a human "Rifle" — a moral being endowed with understanding, courage and character. Believe it or not, the continuing study of Law (not procedure, which the lawyers revere) will lead you to the concept of Justice, then to morality, on to religion, and finally, perhaps, even to God.
So good luck to you, ladies and gentlemen. You have begun a long journey and a challenging hunt. You may have started by looking for Silver Bullets, but you may end by finding, even creating, a person of real value — yourself.
Editor’s comment: For most worthwhile things, you must expand your personal power. We at Terra Libra don’t generally figure there are "Silver Bullet" solutions that will work all the time. But Mr. Adask’s comments are an excellent exposition of some of the thinking skills required for success in any use you might make of this manual, and for success in general. The conduit (rifle) is you! You are the one who needs to individually determine (in good faith of course) what statutes apply to you. You are the one who needs to apply information in a manner that applies to you in that particular situation. It is then, and only then, that you have knowledge about that subject.