In his latest FIREWALL, Bill Whittle talks about the cruelties and consequences of a world where nothing matters except HOW YOU FEEL.
Armstrong Economics Blog/Rule of Law
Re-Posted Jul 24, 2017 by Martin Armstrong
QUESTION: Mr. Armstrong; I read your article on CNN imposing a fiduciary duty upon the directors as a public corporation. I tried to search if corporations truly have constitutional rights. It seems that there is a conflict on that subject and they may not have such rights at the end of the day. Would you care to explain this matter?
Thank you for your financial and legal expertise.
ANSWER: You are correct. There is a tremendous conflict of laws when it comes to constitutional rights and corporations. My own case of contempt illustrated that conflict. I was never actually held in contempt P E R S O N A L L Y. I the individual was never held for 7 years. It was only the corporate officer since the Supreme Court deemed in 1988 that the 5th Amendment Privilege does not apply to corporate officers. Braswell v United States 487 US 99 (1988) held “The custodian of corporate records may not resist a subpoena for such records on the ground that the act of production will incriminate him in violation of the Fifth Amendment.”
Then you have the decision in Citizens United, where the Supreme Court’s 2010 ruling allowed unlimited corporate and union spending on political issues under the First Amendment. Corporations have the right to enter into contracts with other parties and to sue or be sued in court in the same manner as individuals. Yet there is a great deal of conflict of laws regarding various rights. Chief Justice Roberts wrote in Riley v. California (1914) that Corporations cannot be arrested and do not have “bodies” to be searched under the Fourth Amendment.
Arthur Andersen used to be one of the big five accounting firms. The government criminally charged it and put the firm out of business back in 2002 when companies were not too big to prosecute. In 2002, the firm voluntarily surrendered its licenses to practice as Certified Public Accountants in the United States after being found guilty of criminal charges relating to the firm’s handling of the auditing of Enron, the Texas energy corporation, which had filed for bankruptcy in 2001. Arthur Anderson agreed to admit it committed a crime by shredding Enron-related documents. Yet a corporation cannot be jailed. So how can it be criminally prosecuted?
The criminal charge faced by Andersen was obstruction of justice under 18 U.S.C., Section 1512(b), which easily could have applied to Hillary’s lawyers, but Comey gave them immunity while the Justice Department put 85,000 out of work by criminally prosecuting the firm. In order to violate that section, the defendant must “corruptly persuade” someone to destroy documents. The defendant also has to intend that the documents won’t be available for legal proceedings. Former Arthur Andersen partner David Duncan pleaded guilty to obstruction as an individual.
A corporations is a legal construct that dates back to ancient Rome. It cannot commit a physical act such as obstruction of justice. So, how did Congress get past this problem when it wants to punish a company as a whole and destroy it? The government simply attributes the acts and intentions of the company’s employees to the company itself. This approach was sanctioned by the the Supreme Court which first endorsed the idea back in the 1909 case of New York Central and Hudson River Railroad Co. v. United States. When government wants to get around something, they just play with the words and reasoning. There the Supreme Court ruled that since corporations were already liable in civil cases for their employees’ bad conduct, then why no extend that rule to the criminal law despite the fact that the corporation cannot be imprisoned?
In 1886 the Supreme Court accepted the argument that corporations were people and that “their money was protected by the due process clause of the 14th Amendment.” Another example is that in Nike v. Kasky, Nike asserted a free speech ‘right to lie’, while in Sebelius v. Hobby Lobby Stores, Hobby Lobby asserted a freedom of religion ‘right’ to exempt itself from aspects of the Patient Protection and Affordable Care Act.
There are just too many inconsistencies. Either a corporation has constitutional rights fully, or it should have none. You can’t be just little be pregnant as they say.
A good discussion on the current situation we are in politics.
We received a tip a few weeks ago that President Trump might be attending the national Boyscout Jamboree in West Virginia this year. Well, it appears to be confirmed for Monday night July 24th: VERY EXCITING
(Boy Scouts of America) On Monday evening, July 24, the President of the United States, Donald J. Trump, will become the eighth president to visit a national jamboree. President Trump’s visit will precede that evening’s stadium show. Experiencing a presidential visit is a once-in-a-lifetime experience — all Scouts, Venturers, leaders, and staff should begin preparing for one of the Jamboree’s signature moments. (read more)
The Monday night event takes place at the Boy Scouts of America venue AT&T Summit Stadium, which is located on 10,600 acres of property adjacent to West Virginia’s New River Gorge National River, the Summit Bechtel Family National Scout Reserve.
The Jamboree has a scheduled gathering at 7:30pm titled “Fellowship and Service”. President Trump’s visit and remarks appear scheduled just before this event. President Obama never attended, however President George W Bush and President Clinton did attend. History of Presidential Attendance HERE
Armstrong Economics Blog/Rule of Law
Re-Posted Jul 19, 2017 by Martin Armstrong
A lot of people have in inquiring about changing transcripts by judges in federal court in Manhattan. Some have reported it is taking place in other courts now. Corruption is consuming the Judiciary and we have no power to stop it. The rule of law has been so destroyed that those in the legal profession do not grasp what they are doing to the nation. Once you becomes biased and starting playing with court rules, documents, and evidence to win convictions and protect local industry, you have destroyed property rights. How can anyone do business in New York City with confidence that they can sue a bank and actually win? This is part of the decline and fall of the West. We are sealing our own fate with judicial corruption.
The proof that this was not just a typo was the fact that the Associated Press was thrown out that day in court. They walked right up to the bench and said “We are the Associated Press. You cannot throw us out of court.” The judge ordered the marshal to removed her. They then reported the fact that the court was closed and finished the article states there was a question if I could receive a fail trial in New York City. It was after that incident when the press flipped and were no longer being negative on me. The word spread quickly that something was rotten in NYC. That was extraordinary for the AP to even print. Despite submitting that as part of an appeal, the Second Circuit ignored the appeal and refused to even docket it.
I submitted an affidavit of all the changes Judge Owen made to the transcripts changing the words spoken in court. The courtroom was packed that day to watch what would happen when I confronted Judge Owen in public for his crime. He just admitted to changing my transcripts, denied he did anything material, refused to allow me to cross-examine him, and refused to step down. Again the Second Circuit refused to docket the appeal and once again denied Due Process of Law – the right to be even heard.
The Second Circuit Court of Appeals is by far just corrupt and is a disgrace to the dignity of the nation and all the people who died in war to defend our Constitution. They should stand trial for treason.
Armstrong Economics Blog/Civil Unrest
Re-Posted Jul 16, 2017 by Martin Armstrong
The riots is France has been forming for the last two weeks and have now erupted violently with protesters carrying banners that read “Break Destroy Ravage” that is similar to the destructive forces unleashed in Hamburg. The police report that the mob is composed of the youth. It is hard to see how these people can practice restraint when unemployment among the youth is so high because of taxes and regulation prevent small businesses from forming.
Many of you might remember the three brave Americans, Spencer Stone (U.S. Air Force), Alek Skarlatos (U.S. National Guard) and Anthony Sadler (Pittsburg, CA) who confronted a heavily armed Jihadist aboard a French train during a terrorist attack in 2015.
U.S. Air Force Spencer Stone charged the terrorist who was using an AK-47, tackled him and suffered severe wounds in the confrontation. All three of the friends were heroes. The terrorist, Ayoub el-Qahzzani, had at least nine full magazines of ammunition holding almost 300 rounds, a hand gun and a box cutter.
For their bravery the three Americans and one British tourist were awarded France’s highest honor – The Légion d’Honneur medal.
Oscar winner, actor and director Clint Eastwood is making a movie based on the lives of the three friends and the events on that fateful day. The movie is called “The 15:17 to Paris”. And instead of hiring Hollywood actors, Mr. Eastwood is actually casting the three men to play themselves in the movie. How cool is that?
(Via Fox) Three real-life heroes will play themselves on the silver screen.
Clint Eastwood cast the three California men who thwarted a terror attack on a French train in 2015 to play themselves in a film about their heroics, the film’s studio announced Tuesday.
Airman 1st Class Spencer Stone, Oregon National Guardsman Alek Skarlatos and civilian Anthony Sadler, all childhood friends from California, will star in “The 15:17 to Paris,” a film based on the book they co-wrote about taking down a terrorist, Warner Bros. said in a statement.
The film, which began production this week, follows the lives of the three friends from childhood to the evening when they helped subdue the man who opened fire inside a train traveling from Amsterdam to Paris. (read more)
Spencer Stone being released from the hospital after surgery.
Armstrong Economics Blog/Germany
Posted Jul 13, 2017 by Martin Armstrong
Merkel’s attempt to silence any internet site that disagrees with her government seems to be the resurrection of the idea of East Germany where she grew up. Freedom of speech was outlawed. When I went behind the Berlin Wall, people would speak freely only when nobody else was close enough to listen. Today they have listening devices that can be pointed at you for 100 yards away. Trying to visit certain sites in Germany you will see this pop-up warning from the government. This is very disturbing and inconsistent as it seems to be a very desperate measure by a government that welcomed refugees.
Signs of this is what unfortunately we are facing. As government mismanagement comes to a boil, they become increasingly desperate to retain power. This is yet another sign of the times that what we are facing is the collapse of government. If everything was fine, they would not care what you have to say. The mere fact that we are looking at this crisis in government is why we suddenly see outright censorship now appearing on the internet.