Presentments Part I

Acknowledgment. This work is the product of the dedication, intelligence, and above all courage/risk, of many people. Some have paid, are paying, and are threatened with paying, with their property, freedom, and their very lives. It now appears that the numbers of such casualties in the cause of truth, freedom, justice, and peace are rapidly increasing. This work is dedicated to all those who share these values, in whatever way they perceive and think of them. Note: This article, such as every treatise of this type, must be regarded as “work in progress” that is subject to change without notice at any instant based upon the acquisition of new knowledge, information, insights, and experience.

Dealing With Presentments
Part I—Background, Context, and Underpinnings
Whenever you receive a presentment of any kind, from a traffic ticket to a bill to a summons or indictment, there are two basic and diametrically opposite ways to think about the matter. I.e., you can think of receiving a presentment as an event that:
1. Will cost you, be a loss to you;
2. Is a gift that can enrich you.
Everything in life is a matter of perception. Our challenges are usually the result of ignoring what we are confronted with rather than endeavoring to discern how best to act with more adequate knowledge and understanding. We assume rather than know. Consequently, if we would have any chance of succeeding vis-à-vis a presentment, we must first have some basic understanding of the system within which the issuance, interpretation, and enforcement of presentments occur. The following mini-analysis of the legal system may be helpful in this regard.
In The I Ching is a remarkable statement: “The Superior Man goes only into his own domain.” As Frederic Bastiat said in a similar vein, “Minding one’s own business is the only moral law.” The conundrum, of course, is how to live in peace and freedom in a world in which we are besieged by exercises of the interminable, relentless, longstanding, and incredibly brilliant schemes of rulership, slavery, and exploitation that have plagued mankind throughout history and that aggressively intrude themselves unilaterally into all areas of our lives—spiritual, emotional, mental, social, and economic. This renders living in a “live-and-let-live” manner on this planet difficult, and impossible without sufficient knowledge.
The fact that law consists of rules revolving around the use of deadly force is a powerful incentive to become as clear as possible concerning the nature of the legal/commercial system governing the world. We must remember that “To ‘assume’ makes an ‘ass’ out of ‘u’ and ‘me.’” In the case of law, acting on false knowledge, i.e., in ignorance, can be fatal. This is enormously complicated by the fact that the legal system is “colorable,” i.e., “phony.” It may appear real, but nothing is as it appears, just as in Alice in Wonderland.¹ To assume that the appearance is genuine and dependable is to act on illusion instead of truth.
One cannot have peace with those who hold aggression in their hearts and are not interested in love, freedom, harmony, truth, or any of the other higher values of man that most people revere and would cherish seeing established in the community of man.
1 Alice in Wonderland was written as a satire on the legal system, where things are an ever-changing mirage and nothing is as it appears.

The state of the heart is what counts in this equation. “As a man thinketh in his heart, so is he.” Good people are disarmed in advance by an inability to comprehend the mentality of deliberate predators, usually regarding problems in dealing with such aggressors as misunderstandings that can be cleared up through sufficient communication. It is often not easy for good people to understand that there are those who know the difference between “good” and “evil” and deliberately choose the latter.
The significance of this in law is profound. If your adversary is sincere, truthful, fair, and honorable about what he is doing, i.e. interested in uncovering and dealing justly with the truth, then you are probably operating on parallel tracks. In such case the discord or conflict is the result of misunderstanding or lack of communication, and disappears when both sides realize what is happening. If, however, your adversary is operating from a covert stance with deliberate deceit, concealment, misrepresentation, bad faith, and aggression in his heart, the dispute is real, will not be resolved amicably, and requires exposure of the facts to the light of day by providing sufficient evidence. Further significance of the importance of subjective condition and intent of the heart is that all law is contract, and the essence and core of any contract is agreement. Without a genuine agreement, consisting of a true meeting of the minds and mutual understanding by all parties of all terms and conditions to which the parties are agreeing, there is no contract.
u>Derivatives and the Nature of the Legal System
The Powers-That-Be turn everything into a tool and a weapon to be used in their unceasing attempt to triumph by playing win/lose games against their fellow man. One of the most powerful, magical, and difficult to detect tools and weapons used against mankind by aggressors and exploiters is language. Allegedly the word “phonetics” derives from “phoen-etics,” purportedly stemming from the Phoenicians, who gave us “lan-goo-ag,” a word referencing a substance that, when fired from the canon of a ship, tore the sails and mast and left the opponent “dead in the water.” Obviously words are extremely powerful weapons, and using them for conquest and rulership purposes is what the legal system is about. Ideas concerning the nature and use of language in law are set forth, inter alia, in a discourse entitled Legal Fictions, by Lon L. Fuller, 1967, Stanford University Press, Stanford, California:

The Fiction as a Linguistic Phenomenon – page 9-10

Ihering once said that the History of the Law could write as a motto over her first chapter the sentence, "In the beginning was the Word."²⁶ Students of the legal fiction might also take this motto to heart. For certainly it is a truth commonly overlooked that the fiction is “a disease or affection of language."

26 Ihering expresses in this fashion the exaggerated respect shown by early law for the written and spoken word. "Among all primitive peoples the word appears as something mysterious; a naive faith ascribes to the word a supernatural Power" (II2,441).

Anyone who has thought about the legal fiction must be aware that it presents an illustration of the all-pervading power of the word. That a statement which is disbelieved by both its author and his audience can have any significance at all is evidence enough that we are here in contact with the mysterious influence exercised by names and symbols. In that sense the fiction is a linguistic phenomenon.

What Is a Legal Fiction? - Pages 4-5
The influence of the fiction extends to every department of the jurist's activities.
Yet it cannot be said that this circumstance has ever caused the legal profession much embarrassment. Laymen frequently complain of the law: they very seldom complain that it is founded upon fictions. They are more apt to express discontent when the law has refused to adopt what they regard as an expedient and desirable fiction. Perhaps, too, the fiction has played its part in making the law "uncognizable" to the layman. The very strangeness and boldness of the legal fiction has tended to stifle his criticisms, and has no doubt often led him to agree modestly with the writer of Sheppard's Touchstone, that "the subject matter of law is somewhat transcendent, and too high for ordinary capacities."²
2 Preface (6th ed., 1791), p. xiii.

At another place the only defense he can find is the doubtful one of recrimination, when he points out that the common-law fictions were no worse than the numerous fictions of the Roman law.¹³
13 Ibid., III, *107.

A Fiction Distinguished from a Lie - Page 7

Maine's classical definition of the historical fiction as "any assumption which conceals, or affects to conceal, the fact that a rule of law has undergone alteration…remains unchanged, its operation being modified,"19 seems to leave room for the intent to deceive. The English courts were in the habit of pretending that a chattel, which might in fact have been taken from the plaintiff by force, had been found by the defendant.²⁰ Why? In order to allow an action which otherwise would not have lain. If this fiction does not deceive, of what purpose is it?

19 Maine, Ancient Law (1861; Beacon Press ed., 1963), p.25. Cf. "the authorities... distinctly admit that fiction is frequently resorted to in the attempt to conceal the fact that the law is undergoing alteration in the hands of the judges." J. Smith, "Surviving Fictions," 27 Yale L. Jour. (1917), 147, 150.
20 Blackstone, III, * 152.

It is easy to conclude uncharitably that the judge who enlarges his jurisdiction or who changes a rule of law under cover of a fiction is very coolly and calculatingly choosing to hide from the public the fact that he is legislating.

A Fiction Distinguished from an Erroneous Conclusion – page 8
A fiction is generally distinguished from an erroneous conclusion (or in scientific fields, from a false hypothesis) by the fact that it is adopted by its author with knowledge of its falsity. A fiction is an "expedient, but consciously false, assumption."²¹
21 Vaihinger, Die Philosophie des Als Ob, 4^th ed., 1920, p.130.
As living, physical, biological, sentient beings we are real—we exist as aspects of existence. The system, on the other hand, is an abstract creation of the mind. It is in the realm of words, symbols, ideas, laws, contracts, etc., where the circuit exists through which the current (currency) flows in accordance with the rules of law and commerce.
Manifest existence emerges into form and substance out of the nothingness of the unmanifest. All creation, therefore, is derivative; the created is derived from the creator. Creator and created are different “meta-levels,” or “logical types,” from each other. The eternal absolute has no finite properties. From any relative perspective, the absolute is neither cognizable nor perceivable, and must be described in accordance with what it is not, such as “the void,” “unbounded,” “changeless,” etc.
While the unmanifest is changeless, manifest existence is endless, non-repeating, unique, and non-repeatable change. It is not possible that any configuration of anything in creation is ever exactly the same as it ever was, or ever will be, or will be a split fraction of a second later, or ever could be. As Heraclites noted, “No man can walk twice into the same river.” Everything is process in pattern, energy in motion in particular forms, orbits, paths, and circuitries that are at every infinitesimal instant unique. Furthermore, the further removed manifest creation is from the source, the more derivative and impotent it is. That which the mind, through sensory experience and all other relative processes, regards as “physical reality” that is solid, real, and substantive, is in actuality the most illusory. The more subtle, insubstantial, and elusive the level of manifestation one accesses, the more real and potent it is, since it is less derivative and closer to the Source. This can be illustrated by observing the history of science, perhaps most dramatically exemplified by the development of weapons. As man has gone from weaponry involving the gross physical (clubs, spears, catapults, etc.), to more subtle strata (such as the chemical level where gunpowder operates), towards the atomic and sub-atomic domains (atomic bomb and hydrogen bomb), toward the unmanifest field, the more energy is liberated.
Although neither the Absolute nor the Relative is actually cognizable by the mind, that does not stop just about everyone from engaging in the popular game of thinking otherwise. The mind forms concepts about the Source—none of which is either remotely a faithful map nor the territory that it is purportedly mapping—as well as aspects of the Relative. To satisfy the mind’s “need to know,” man lives by the foolish idea that his conceptions of existence (whether of the Absolute or Relative) are true and that the fixed pictures, patterns, or conclusions derived from some finite vantage point (largely through acquired experience and sensory perceptions) have captured the thing itself. This is as silly as taking progressive snapshots of the ocean and its waves and thereby thinking that one has cognized and captured the ocean, or speculating from outside the door what is inside a room in which one is not present and living on the basis of one’s speculations as if they were absolute. This state of man’s development we call an “ego-conscious” state (as opposed to “unconscious” in which life is simply lived, or “Self-conscious,” in which man lives in conscious awareness of the Absolute and Relative as they actually are rather than as his mind thinks about or cognizes them).
The ego-conscious state, or mistaking abstract constructions of the mind for reality, and thereafter building careers, institutions, “security,” and governments thereon is idolatry. It is idol worship, i.e., Baal worship. By giving credence and superiority to concepts about something (such as God), rather than the reality of the thing itself, one worships (pays homage to, reveres, and depends upon) graven images. Graven images of the mind are as much idols as, and indeed necessarily precede the construction of, any idols of wood or stone. Man’s penchant to think that he has cognized the un-cognizable, and, worse yet, mistake his own cognitions for that which he thinks he has cognized but has not, is not only idolatry but may be responsible for more discord, carnage, suffering, and wars than any other single aspect of human life. It might well be said that “God (eternal Source) created man in His own image (as a conscious, spiritual being with power to create), and man returned the complement.” As Pascal quipped, “To die for an ideal is a pretty high price to place on conjecture.”
The goal of any Zen master, for instance, is to bring people to a conscious state where they no longer, in the words of Gregory Bateson, “eat the menu and leave the dinner.” Until one sees and lives reality as it actually is, he is mistaking what he regards as “reality,” i.e., what his mind (through the senses) perceives and thinks about existence, for reality itself. He mistakes the map for the territory.² Since the senses are enormously limited, conclusions about reality reached by the mind are fantasy. The senses are liars and deceivers. We would perceive reality in a vastly different manner, for instance, if we could view existence throughout the entire electromagnetic spectrum instead of the extremely narrow range in which what we see as colors exist.

2 The central axiom of semantics is that “The map is not the territory; the name is not the thing named.”

The practical consequences of all this is that in man’s ego-conscious state he lives a fraudulent and fictitious life. It is one of illusions and delusions by living in accordance with the preposterous belief that his conceptualizations are both accurate and real, when they are neither. Man’s not only lives, but relates with others (often dogmatically and violently), on the basis of believing that the imposter is genuine. Inasmuch as law itself is a subset of the workings of man’s mind, what else can law be other than that of which it is an expression, i.e., fictions and frauds? Moreover, since all of this occurs within and as derivative expressions of the ever-changing Relative, law cannot be other than ever-changing.
A summary of the points and consequences of the above include the following:

1. Language has power and magic because of man’s ego-conscious state.
2. The Powers-That-Be deliberately utilize language and man’s ego-conscious condition for administering power and exploitation. The entire legal system is a word game, played by the designers and operators of the system for purposes of power, plunder, exploitation, and enslavement, with unending exercises of destructive physical force applied against living beings on the basis of meanings artificially imparted to the words used.
3. Mistaking the different meta-levels of existence itself, i.e., mistaking the map for the territory, is not only delusion, but when it comes to law, it is disaster. “Authority” for using deadly legalized violence against one’s person is attached to the results of the error.
4. Our difficulties often arise from our acting in a manner that results in people enforcing the fictions and frauds by systematic and ruthless application of legalized violence, damaging the real us. Then whatever is happening in the system becomes substantive in our physical lives.
5. Everything in existence can be viewed, perceived, and thought about in an infinite number of ways, by an infinite number of beings, for an infinite number of possible reasons. Not only are no two of any of those things the same, but could not be identical even if anyone so wished. Concepts (maps) can be fixed; creation (the territory) cannot.
6. It is impossible in the ever-changing realm of creation for any subset thereof, such as a man, even remotely to fathom, comprehend, and know (let alone verbalize) “the truth, whole truth, and nothing but the truth.” We might define “Truth” (capital “T”) as the actual way things are, i.e., the “thing in itself,” to use Kant’s term, or in their “suchness,” to use a Buddhist characterization. This totality and actuality is not finitely knowable, both because of its unimaginable vastness and because no two split instants are ever the same. The same word designated as “truth” (lower-case “t”) might be defined as an accurate abstract mapping of some thing or event, such as if one is given a map that allegedly shows where a treasure is buried and digs at the spot indicated, he will either find, or not find, the treasure. If it is found, we say the map is “accurate” and the author thereof told the “truth.” If the treasure is not found, we say that the map was false or inaccurate and the author was either in error or lied (or someone removed the treasure subsequent to the making of the map).
7. Man’s capacity for mapping reality through creation of abstract symbols, such as numbers and words, is likewise derivative. Anyone can observe or think about anything and create/concoct whatever designation of letters, symbols, and sounds he may wish for classifying, categorizing, or identifying the particular thing and referencing it in his own mind and/or communicating it to others by speech, writing, or some other means.
8. The legal system, like reality, likewise consists of the flow of energy in accordance with the patterns of its design. In the case of the legal system, both the designer of the circuitries and the current that flows therein are different than that of given existence. With respect to the universe, the designer is the Creator (however anyone may think of the ineffable Source of all that exists) and the current that flows is universal energy that is ultimately unknowable and indefinable by any relative means. Concerning the legal system, the designer is man and the current that flows in the circuits of the system is called “currency,” i.e., “money.” There are very few types of legal entities existing today. They are fundamentally corporations, trusts, partnerships, and sole proprietorships. The IRS Code at 26 USC 7701.01(a) lists seven classes of legal persons, the additional three to the four fundamental ones being an association, estate, and company. What defines each of these and distinguishes each from the other as well as determines how the system deals with them, is the schematic defining how the currency flows in the circuitry. Money embodies more laws and commercial principles than any other single thing, whereby insofar as the world is concerned it may reasonably be characterized as the measure of all things.
9. Legal terms and phrases are artificially imbued with the particular meaning and significance of those who define them. Legal terms have considerably different meanings than the same words do in ordinary parlance. The system, in short, is a word game. Words in law are artificially assigned meanings that are completely different than the meanings attributed to the same words in normal speech. Examples of this are legion, one of the most prominent of which is the word “person,” which in law refers to a legal fiction and does not, and cannot, pertain to a real being. This is why we need law dictionaries in addition to regular ones. The result is the legal system is its own language, concerning which we allegedly need translators and mouthpieces, called “attorneys,” for using the esoteric language that is not spoken by laymen when in a forum (such as a court) wherein legal language is spoken.
10. When language, symbols, and ideas are usurped by those who would play win/lose games they are wielded as weapons. This phenomenon has grown to such gargantuan proportions that it is a scourge on mankind and a blight on the planet that is destroying civilization and wrecking havoc on the Earth. Some of the reason things have gotten so far out of hand is that the capacity to create and use new derivatives is unending. There are derivatives of derivatives of derivatives, all freely utilized for exploitation, legal plunder, and power. Use of creating endless new derivatives at will is ever-increasing. The situation is akin to an Internet site within which clicking to delete a current window causes several new pop-ups to occur until one’s open file is overburdened with open windows.
11. A few concrete examples of derivatives with respect to the legal system are as follows:

a. The system invents and uses contrived (derived) names, such as a host of variations of one’s all-caps name, all of which are legal fictions and each of which is a different entity, instead of one’s full appellation consisting of all lower-case, or upper- and lower-case, letters (symbolizing the real being). Therefore, whenever one receives a presentment, such as a summons or complaint, the document is not addressed, and does not pertain, to you, but to a legal entity, ens legis, that is some bastardization of your name in all-capital letters. In this manner the system is freed from the requirement to deal with actual facts and real beings and can operate on presumptions, unsupported allegations, non-existent debts, stipulations in contractual interactions between legal fictions, and endless concoctions of the mind.
b. New case numbers are often created from the same case, such as by changing numbers or letters in the case, thereby enabling matters that you might submit in the original case, as well as any prior derivatives thereof, from needing to be addressed since they do not pertain to what you thought they did. It is also likely that the system uses each newly derived case to make yet more money.
c. Laws and administrative agencies multiply endlessly, with each new derivative used to make more money for those in the system while increasing the scope and severity of their power, and increasingly difficult to comprehend or counter.

12. In the 2002 Berkshire Hathaway (the company of Warren E. Buffet) annual report, on pages 13-15, appear the following words: “We view them [derivatives] as time bombs both for the parties that deal in them and the economic system….In our view…derivatives are financial weapons of mass destruction, carrying dangers that, while now latent, are potentially lethal.”³ If those in the system can create endless new derivatives out of all most anything, at any time, and use them for exploitation, enslavement, and moneymaking at the expense of those who are victimized by the monopolistic use of power under color or law, Warren Buffet’s statement is self-evident. Further, those who act in this way may be regarded as terrorists using weapons of mass destruction. They are raping and pillaging with ever-increasing profligacy and blatancy.

One can download the entire Berkshire Hathaway annual report in an Adobe Acrobat pdf format by going to
http://www.berkshirehathaway.com/2002ar/2002ar.pdf. 3.

In addition to inventing, using, profiting from, and destroying lives wholesale by the unchecked use of derivatives, the system rules without revealing the rules of the game. By means of undisclosed presumptions the Elite have structured a scheme that is full of catch-22’s so that if we do not act we lose and if we do act we lose. It is in the presumptions — not the “law” and the “facts”—where the power lies. The designers and owners of the system concocted it for the purpose of bettering themselves vis-à-vis others. The result is a monstrous beast of cosmic proportions, a ravenous and insatiable Moloch, that is an expression of a single—and simple—ethical choice, which is whether one chooses to play win/win games or win/lose games when interacting with others. The features of these two kinds of games are summarized as follows:

1. A win/win interaction is an expression of peace, dignity, love, unity-harmony, mutual good faith, absence of malice, deceit, and presence of all of the other elements of contract law required to formulate a genuine contract. Free consent of all parties is essential.
2. A win/lose interaction is an expression of separation, conflict, and disharmony, and never results in the contract the “winner” claims exists. In actuality, a “win/lose” interaction is non-existent, since even the “winner” loses. Such an apparent victor causes harm to others, creation, and himself. He may think he wins, but in accordance with the inexorable laws of existence he “reaps what he sows,” incurs the corresponding karma (action/reaction or cause/effect act and their exact consequences) by harmful acts. The “Golden Rule” in existential terms might be expressed: “One who harms others harms himself,” or “That which one does unto others else shall be done unto him.” “He who lives by the sword dies by the sword.” A win/lose interaction in terms of nature is called the food chain—“law of the jungle,” “dog eat dog.” This characterizes law and governments today, in which is called the “law of necessity.” The law of necessity is actually no law (law is suspended to deal with the “emergency,” which the government itself causes to use as an excuse to abolish rights and increase its own discretionary power—witness the host of laws being passed these days, such as the “Patriot Acts”). In win/lose games there is no morality, nor ethics, and only one rule: just eat, baby. Anything goes, since “the end (increased power and commercial enrichment of the perpetrators) justifies the means.” As a result, no win/lose interaction results in a valid contract enforceable at law. The involvement does not contain even one of the essential ingredients (all of which must exist in the interaction) of contract law to form a genuine contract.

It is because the inner intent of the heart of those who have designed and masterminded this system over the ages is malevolent in some manner that the resulting Moloch is loosed to run amuck on the planet, devouring living beings, the rights, freedom, and ability to live in peace and harmony between people, and the Earth’s resources and ecological integrity. Indeed, the same gang has, throughout the ages, built up and destroyed at least seven (7) civilizations, or “Zions,” and is now in the midst of destroying the eighth, i.e., our civilization today. This is transpiring in the United States, for instance, at an accelerated rate. Among many other aspects of this are that through the use of zip codes the world’s nations with postal codes are divided up into quarter-acre lots (inventory) for liquidation. The world belongs to the ruthless, i.e., those who deliberately play win/lose power/exploitation games through interminable uses of legalized violence. The cardinal nature of the system today is that “everything skates unless you bust it.” I.e., the undisclosed presumptions on the basis of which power is exercised are free to operate against you unchecked unless you neutralize them. As the maxim of law says, “When the law presumes the affirmative (existence and supremacy of the undisclosed presumptions), the negative (absence of any operational undisclosed presumptions) is to be proved.” 1 Roll. R. 83; 3 Bouv. Inst. n. 3063, 3090. Some examples of undisclosed presumptions of the system are:

1. (Foundational presumption) Everyone is a free-will, sovereign being responsible for his or her own acts, thereby enabling law to exist at all. Without this presumption, no one could be held accountable for anything and no basis would exist for any rules or rectitude.
2. The system always wins and the people always lose.
3. The system can change the law, invent new laws, and alter interpretations of law and words at will (since it is all presumed to be their property).
4. Those in the system are not under any compulsion to reveal the presumptions on the basis of which they function.

It is impossible to play a game when one does not know the rules. If playing a game with those who not only know the rules thoroughly, but have carte blanche to change them at will, when one does not know what is going on, the result is a slaughter. It belies the quotation found in a law review:
We hear of tyrants, and the cruel ones: But whatever we may have felt, we have never heard of any tyrant in such sort cruel, as to punish men for disobedience to laws or order which he had kept them from the knowledge. Harvard Law Review, Volume 48 1934-1935, p. 198.
Synopsis of the Problem
Our challenges when dealing with the system include the following:

1. The law is unlimited and no one can know it all. ⁴
2. Law is always changing, so that at any point, something that previously was legal, recognized, and upheld might no longer be so.
3. The system does not belong to us, and changes perpetually without notice by those who own it.
4. There are an infinite number of ways to interpret any event and essentially any law (as those with experience in court can attest).
5. It is impossible to be assured that we know all the undisclosed presumptions on the basis of which law functions.
6. The Powers-That-Be study and exploit every aspect of man’s nature, good and bad, with malevolent intent. Perhaps what they do, and the way they subjectively feel about what they are doing, is regarded by them as legitimate—or even worthy—or, even more, divinely mandated. In any case, when governed by this win/lose mentality the world becomes a nightmare. The dominating climate is not one of “live and let live,” peaceful and honorable intent, and harmony between people, but a perpetual war zone involving the need to live under a legalized-violence system that acts in accordance with the mentality that “the end (their self-aggrandizement and power) justifies the means (nothing is not permitted).”

4. This foundational presumption may be the only presumption underlying the entire legal system that is existentially and ethically valid. The rest are fictions and frauds used for nefarious purposes.

Part II—Attitudes and Actions

Presentments Index

Presentments Part I

PRESENTMENTS