COMMENT: Dear Mr Armstrong, Thanks for your interesting blog and for all you Are doing for all humanity…
Concerning possibility to come to USA, I would Like to emphasize that while from day one of Biden’s presidency, USA south borders are Opened to anyone passing through, with no need to have documents or declare real data, Italians (and I guess european too) that want to come to USA in order to work and live there, still have a lot of limitations and Regulations to adhere (even if “called” from a US Firm… but I am sure you know it! which finally make it Almost impossible to come even if specialized And with clean record. All the best! Have a nice week-end! Daniela
REPLY: I have spent more than $50,000 on lawyers trying to get my overseas staff into the USA. It very frustrating. I intend to file a lawsuit against Homeland Security for DISCRIMINATION and violating civil rights. What you say is correct. They refuse to even issue a visa in Russia, I had a German staff member who boarded a plane and then was pulled off. A British staff member refused to give a visa and refused to explain why, using the standard nonsense that perhaps they would not leave. I told my staff to put on a T-shirt, I voted for Biden and just walked across the Mexican border.
I can tell you I have seen instructions to Homeland Security that if anyone from Ukraine wanted to come to the USA, they MUST have a COVID-19 vaccine. However, if a Ukrainian walked across the Mexican border, no vaccine is required.
This policy is exactly what I encountered trying to negotiate for Hong Kong with the Australian government. It was ONLY about who they would vote for. Australia blocked them because they would vote CONSERVATIVE when the LABOUR government was in power.
I am so sick and tired of this nonsense that people from Asia and Europe cannot come to the USA simply because they would vote Republican. The USA will break up. This is unsustainable. That film scene from the Movie Civil War was really on point – What kind of American are you?
We may have to start doing conferences in Dubai and Mexico. So much for the land of the free.
New York City Mayor Eric Adams has changed his stance on the migrant crisis after an extreme uptick in unpunished crimes against American citizens and is not asking to repeal its sanctuary city status. I do not believe he understands the full scope of the disaster these new arrivals have created regarding the city budget. Still, he is now feeling the public backlash after countless migrants have committed crimes only to be released back into the city to repeat their offenses without consequence.
“The mere fact that we cannot share with ICE that this person has committed three robberies and this person is part of an organized gang crew; there mere fact we can’t say that and communicate, that is a problem for me,” Adams said, adding, “I don’t believe people who are violent in our city and commit repeated crimes should have the privilege of being in our city.” How is this controversial?
Adams first welcomed the migrants bused from Texas with open arms. It was not an issue for non-border states, noting “New York is a city that shares Democratic values.” Diversity is its strength. Adams called any attempt to close the border “un-American” and praised NYC for its sanctuary status. “We are all in this together to deal with this influx of innocent people who are seeking asylum or fleeing wars, who are fleeing crises in their own country,” Adams said. “New York is one of the few states where you have right to shelter,” Adams said in August 2022.
The message was heard loud and clear across the globe; people arrived in the city in droves. By September 2023, Adams cried that the new arrivals would “destroy New York City” but continued to blame Republicans for shipping migrants to the city he declared to be a safe haven for all. Shortly after, Adams began lightly criticizing the Biden Administration for failing to answer his call. He said he would continue to support Biden so long as the federal government kept the money flowing to his city money.
Fast forward to 2024 — New York City is unrecognizable. The shelters are overrun, and the budgets are as imaginary as the tooth fairy. The once great city has become a national embarrassment, with police beaten in broad daylight by attackers who recommitted violent crimes against security days later. New gangsare forming throughout the city. Women and children have been victims of sexual crimes. People are fleeing NYC as fast as they can and taking their tax dollars with them. Adams is still siding with the Democrats and their open border policies, but is asking for the ability to deport violent criminals. Again, this should not be controversial.
Yet the left is saying, “NO!” The city council told reporters that they will not remove or alter the sanctuary city laws. Some are citing the favorite excuse of separating families, despite single men committing the majority of these heinous crimes. It is far too late, Eric Adams. You created this crisis by standing idle as your city was overrun with unvetted criminals from across the world.
Posted originally on Feb 28, 2024 By Martin Armstrong
COMMENT: I have been considering the issues of whether the affirmative defense of qualified and other immunity defenses are or are not available to employees of states and cities if the complaint seeks only equitable relief and not money damages, and whether such defendants can avail themselves of the immunity defenses if they are sued in their official capacities and not their personal capacities. The basic rule of most Circuits, including the Fifth, is that if you sue a public employee their official capacity, and the complaint seeks only equitable relief and not monetary damages, the public employee defendant cannot assert immunity defenses.
I once followed the Third Circuit case of Bakara v. McGreevey481 F.3d 187 (3rd Cir 2007) that involved those issues, and I obtained a copy of the Petition for Writ of Certiorari filed in SCOTUS. See attached. That petition talks about the split in the Circuits at the time and addresses said issues. I concluded that decisions of the Second, Third, and Eleventh Circuits are very confusing on the said issues, and I was glad I was in the Fifth Circuit. The discussion in the said Petition for Writ of Certiorari in Bakara v. McGreeveymust, of course, be brought to date on the issues, but assuming there is still a split in the Circuits that could “open a door,” the following moves made by the defendants in New York v. Trump, et alcould shut down the Hochul, Engoron and James fiasco, specifically any proceedings to execute on the judgment based on the verdict:
FILE A COMPLAINT against Hochul, Engoron and James IN THEIR OFFICIAL CAPACITIES, NOT IN THEIR PERSONAL CAPACITIES. The complaint would allege that the 8th Amendment was violated in New York v. Trump, et al. The complaint would seek ONLY EQUITABLE RELIEF as follows:
(1) A declaratory judgment stating
(a) the definition of “restitution” and “damages” as set forth in New York Executive Law § 63(12), (b) the formula the court used, or should use, to calculate the amount of the verdict/judgment, and (c) whether what is called “damages and restitution” in the statute is really a fine, penalty or some hybrid form of damages;
(2) prospective injunctive relief, i.e., a TRO [Temporary Restraining Order], a preliminary injunction, and a permanent injunction against Hochul, Engoron, and James in their official capacities prohibiting them from taking any action in the future to enforce the judgment. Seeking only equitable relief and not damages may mean that Hochul, Engoron and James cannot plead the defense of qualified and other immunities. Lawyers always want to include a deep pocket defendant to get a money judgment, so they shoot themselves in the foot by seeking personal money judgments against employees of a municipality or a state. There are many cases on this type of complaint, but I am familiar with two where the plaintiff’s lawyers sought ONLY equitable relief and not damages against public employees in their official capacities. See Gorby v. Davis and Center for Biological Diversity v. Ken Sakazar
{Plaintiffs in Gorby v. Davis filed action against Interior and FWS to set aside FWS’s finding that the desert bald eagle does not qualify as a distinct population segment (“DPS”) entitled to protection under the Endangered Species Act (“ESA”). Plaintiff’s motions for summary judgment was granted. The Court found that FWS’ 12–month finding was based on the 2007 delisting rule, which failed to comport with the notice, comment, and consultation requirements of the ESA. The Court set aside the 12–month finding as an abuse of discretion.}
THE VENUE WOULD BE the U.S. District Court for the Northern District of New York located in the James T. Foley U.S. Courthouse, Suite 509, 445 Broadway, Albany, NY 12207. Hochul is domiciled in the New York State Executive Mansion, the official residence of the governor of New York. The Executive Mansion is located at 138 Eagle Street in Albany, New York, near the state capital. The Executive Mansion has housed governors and their families since 1875. This avoids filing in the U.S. District Court for the Southern District of New York.
Best regards.
EGM
REPLY: I think your analysis speaks to this very issue of the perversion of law. Given that the 8th Amendment prohibits cruel and unusual punishment, I fail to see how courts can create immunity to violate the Constitution they swear to uphold. In that case, the Third Circuit’s decision extended legislative immunity far beyond the bounds of the Constitution, effectively conferring absolute legislative immunity on any activity by executive officials with even a slight connection to the legislative process.
The Supreme Court just heard an oral argument in SEC v Jaresy (22-859) on November 29th, 2023, which could also impact the Trump Case. The Dodd-Frank Act passed in the aftermath of the 2007 Crash vested the SEC with the authority to sue “any person” for violations of the securities acts, including anti-fraud claims, in its own internal administrative tribunals. That was, in my opinion, unconstitutional. This Act circumvented the Seventh Amendment and the right to a jury trial.
The Seventh Amendment guarantees the right to trial by jury in “suits at common law,” encompassing legal, as opposed to equitable, claims for penalties. The Supreme Court had long held that the touchstone for the applicability of Seventh Amendment rights was the practice of the courts of England in 1791 when the Seventh Amendment was ratified. Therefore, that history establishes that eighteenth-century English courts afforded jury trial rights that included civil enforcement actions prosecuted by the Crown whenever the right of private property was at stake, as in suits for penalties.
We all may know that the Magna Carta established rights that were forced on King John (1166–1216) to sign on June 15, 1215, at the demands of the elite barons. The reason for that was rather important – the common man was not taxed, only the rich. A tax revolt over government abuse was at the core of this entire issue. The abuse was so profound that part of the demand included the right to trial by jury because the King would fine you whatever he pleased to really raise money.
At the time, it was said that there was hardly an Englishman who had not been amerced at least once a year. An amercement is a financial penalty in English law. It was an abuse where the king made revenue from fines during the Middle Ages. The noun “amercement” is derived from the verb “amerce,” which means the king amerces his subject, who offended some law that goes back to Anglo-Norman origin, literally meaning “being at the mercy of” your sovereign.
Therefore, in forming this nation, there was a contest between the Federalists of Hamilton, who wanted immense power for the government, and the Anti-Federalists. It may surprise many, but Patrick Henry, who every school child was taught in his memorable 1775 declaration, “Give me liberty or give me death,” refused to sign the Constitution because there was no Bill of Rights.
The king was circumventing your right to a jury trial after the Magna Carta by charging you in vice-admiralty courts where there was no right to a jury. The draft constitution’s omission of a common law jury trial right was the primary objection that nearly scuttled ratification. The Anti-Federalists carried the day in pushing through the Seventh Amendment, in large part to assure that the government could not put citizens to trial for penalties without the intervention of a jury.
That is precisely what NYC did to Trump, and they did that to me as well. It is a vile place where nobody in their right mind should do business. Will they have to go after anyone with a loan and argue they overvalued their property even after repaying it to prove this was not a political hit on only Trump? Even the New York Times explained that this statute has never before been used in a case that was not criminal fraud.
Here, we have a statute where the penalty was in the judge’s hands — there was no jury — and it gave him wide discretion to do precisely what the Eighth Amendment was to prevent. This is intended to bankrupt Trump to interfere in the 2024 election. The last time states did this to ban a candidate from the ballot was in 1860 and the ban against Abraham Lincoln. That led to civil war. Democrats in Washington are already saying if Trump is elected, they will REFUSE to comply with any of his orders. This is the end of the United States, and the Civil Unrest coming post-2024, as forecasted by our computer, is now becoming more understandable.
As a reminder, the United States has two tiers of justice and the current administration may be the most corrupt in the history of the United States. This is why it is concerning that the Biden Administration wants to seize private enterprise and permit the government to assign its value through a perversion of Article V of the Constitution.
Hunter Biden’s artwork is estimated to be worth up to $500,000. His personal friend Kevin Morris purchased a few pieces and also gave him a loan of $2 million to cover Hunter’s late tax payments. Most of his buyers remain anonymous, but the known art collectors are all associated with the DNC. Hirsh Naftali, for example, was appointed by Joe Biden to be the Commission for the Preservation of America’s Heritage Abroad after he expressed interest in his son’s artwork.
The corrupt NY justice system claims Mar-a-Lago, a 126-room, 62,500-square-foot mansion located on 20 acres of land in a prime area of Palm Beach, Florida, is worth under $30 million.
Trump purchased the property in 1995 for $10 million and turned it into a private club. It is the only private club to attain the prestigious 6-Star Diamond Award from the American Academy of Hospitality Sciences. Neighboring real estate that is the size of the parking lot at Mar-a-Lago and does not contain the prestige or glamorous interior detail has sold for hundreds of millions of dollars in recent years. A 2.3-acre plot of land with no structures at 1063/1071 N. Ocean Blvd. is on the market for a sky-high $200 million, as reported by the NY Post. 1980 S. Ocean Blvd., a 5-minute drive from Mar-a-Lago on only 2 acres is also listed for $150 million, or three Hunter Biden paintings.
New York Gov. Kathy Hochul told real estate developers that they have “nothing to worry about,” as they are only targeting one man at the moment.
“I think that this is really an extraordinary, unusual circumstance that the law-abiding and rule-following New Yorkers who are business people have nothing to worry about, because they’re very different than Donald Trump and his behavior,” Hochul responded to reporters.
It is overtly obvious that this trial is a deliberate attempt to arrest the Democrat’s only political opponent and revoke our Constitutional right to vote for our candidate of choice. Again, we must be extremely cautious of what the Biden-Harris regime is attempting to do with the Bayh–Dole Act or Patent and Trademark Law Amendments Act as the government can and will seize anything they can to pay off their debt and value it at next to nothing.
Posted originally on Feb 22, 2024 By Martin Armstrong
COMMENT: Hi Martin.
Thanks for the “astute lawyer” compliment. That was very nice, and coming from you, it is very meaningful to me.
The Epoch Times headline in your “NYC Out of Control” post calls the dollar part of the verdict against the Trumps a “penalty.” It has also been called a “fine,” but I haven’t yet seen it called “damages” in a headline. I think Hochul, Engoron, and James know that the amount was based on a damage assessment and calculation that may not hold up. New York Executive Law § 63(12) clearly reads that the attorney general “may apply…for an order…directing restitution and damages…”. [Emphasis mine.]
New York proved math calculations, not actual damages, where the damaged party had to be made whole. Had the statute recited a list of fines, they’d probably be in a more sound position, but their position now is what I would call “too dicey for comfort.” I would seize nothing in this situation because there are too many cases of improper seizures to worry about. The verdicts against those who seize property in error or improperly or hastily in a flawed or tainted case are many times larger than the amount of the money judgment used to seize and sell the property of the defendant.
Furthermore, if New York has someone running the Trump businesses, and should he or she destroy or damage the businesses, the state could be liable for many, many times the amount of the verdict/judgment against the Trump family. Trump could wind up seizing the state capitol, the governor’s residence, etc., plus having his property returned to him. I’ve seen this happen. Once, the State of Louisiana overreached, and once, the U.S. government was a litigant against a billionaire oil man, banker, and friend who could not get the IRS to return his multi-million dollar overpayment of taxes. He finally had enough, and he seized the Hale Boggs Federal Court Building. He got his money a day later.
Perhaps by dancing around exactly what legal principle the amount of the money verdict/judgment is based on (i.e., damages, fines, penalties [i.e., a payment imposed as punishment], whatever), the Hochul, Engoron, James enterprise has walked into a trap. The Eighth Amendment prohibits excessive fines. If they maintain the amount is absolutely based on the principle of damages, how can they show a diminution of the state being “whole” (or “wholeness” if you will) owing to Trump’s actions with third parties. If they maintain the amount of the verdict/judgment is based on a properly enacted and published fine or penalty, then they must face the Eighth Amendment.
In my opinion, Hochul, Engoron, and James are whistling past the graveyard. They have put their careers on the line, and the dice are tumbling.
Best regards, and thanks again.
EGM
REPLY: This is so political it smells, and just because this Judge, who is not qualified to judge a turtle race, simply decrees, they think they are God, and everyone must bow down to them and kiss their ring. It is so rare to find a decent judge in New York. Judge Lawrence McKenna saw what they were doing and tried to protect me. The government went to the Chief Judge to remove him and then sealed the record.
The DA belongs in prison with the governor and this disgusting judge. This DA is bragging that she will now seize Trump Tower. When the computer projected that the 2024 election would be intermixed with serious civil unrest and that neither side would ever accept the outcome, as we draw closer and closer to this date with destiny, it is looking very, very dark indeed.
The computer is projecting a panic cycle in September, rising volatility in October, and October will be a critical turning point heading into the 2024 election. We should no longer have the motto – Gold Bless America – it should be changed to – God Save America. These LEFTIST are destroying the very foundation of law; without that, civilization can no longer exist. That is the testimony of history – not my opinion.
NEW YORK IS DOOMED
Bond investors have piled into New York City’s tax-exempt bonds, lured by their relatively high yields. However, with a $7 billion budget deficit spiraling costs of sheltering asylum seekers and other migrants that have sought refuge in New York on top of this collapse in the rule of law, NYC is a sell – not a buy. Wall Street profits are declining, and with them, there are looming job cuts at major investment banks. Many are migrating to Florida, which puts pressure on city tax revenue. New York’s fiscal outlook is a disaster. That suggests the city’s general obligation bonds aren’t particularly attractive at current valuations – they are a sell.
NYC is totally out of control. These bogus charges were never brought against anyone, and there was no victim. This definition of fraud can be applied now to anyone in NYC. This is obviously an attempt to interfere in the 2024 election, for if Trump had not run for president, there would have been no such charges.
New York is just so UNAMERICAN you can’t make this up. This radical Attorney General not only has Trump BARRED from running his own company, but they also appointed a former organized-crime prosecutor to manage the Trump Organization who has no business capability. The state is attempting to seize total control of the financial assets of Trump without a jury trial to shut him down to prevent him from running for office. Trump was denied the right to defend himself before a jury. They did that to my company, fired all the staff, and then moved to shut it down. Then their appointed receiver became a board member of Goldman Sachs while running my company from their boardroom. This was also all without any right to a jury trial.
This is so outrageous; I fear that Trump’s case will be the catalyst for the decline and fall of the United States. We cannot possibly stand united as a nation under such an outrageous legal system. When the rule of law collapses like this, no nation has ever survived long throughout history. We now can see 2032 coming and why the computer has forecast that there may not even be a 2028 election. They need to stop Trump because they are taking us to War, canceling the paper money, and taxing everything we do for climate change. At the same time, the WHO orders lockdowns and mandatory vaccines as they surrender our sovereignty.
New York City is Completely Out of Control
The integrity of assets is seriously under question. My sincere advice to Trump is to sell all of your NYC assets and get the HELL OF NYC! Nobody should invest in anything in New York City, for there is no rule of law and, even worse, no separation of powers. It is a political dictatorship that you cannot fight for. NO judge in New York City will defend the Constitution and go against their peers.
While truckers known as Chicago Ray started calling on truckers to boycott NYC, all they have to do is target someone, and they will routinely use taxes to go after innocent people as well as journalists if they do not cooperate. Chicago Ray has backed down yet, claiming, “No one’s got to me … I heard what drivers were saying, and I’m hearing some of that today; I ain’t scared of s–t.” I met a former executive from the NY Post who they put in prison because he would not yield to the Deep State. He explained they call with a “favor,” and if you do not comply. They come after you personally. In his case, they claimed he hired people who did not show up to work. New York City is beyond hope.
SELL NEW YORK NOW
I warned that Trump would NEVER get a fair trial in New York City – I have NEVER seen anyone EVER get a fair trial in New York City. When my case began, they brought it to New York when the accounts were in Philadelphia. They claimed there was the COMEX for the venue, so that was good enough even though currencies traded in Chicago. When my lawyer heard they filed the case in New York City, he said of shit. I asked what was the problem. He said you don’t understand. New York practices law differently. Boy, did I find out.
Judges can alter the transcripts and change the words you speak in court. The Court of Appeals ruled they did not have the power to order the judges to obey the law (see UNITED STATES V. ZICHETTELLO 208 F3d 72 (2d Cir 2000) at page 97). A federal statute 18 U.S. Code § 1519 defines that as a felony with 20 years in prison. I forced Judge Oweb to admit he was altering my transcripts, and the DOJ would not indicate him; the Court of Appeals lost my appeal THREE TIMES and then said I was out of time. The ONLY reason they released me was because the Supreme Court agreed to take my case. So they released me and told the Supreme Court the case was moot.
Remember MF Global. That is when Judge Martin Glen seized the assets of all clients to protect the banks that Corsine was trading with. The trustee overseeing MF Global’s liquidation eventually confirmed that the amount of customers’ funds from the failed brokerage was at least $1.6 billion. This was the biggest financial crime, perhaps in history, far worse than Madoff. This is the outright theft of client funds sanctioned by the court, which protected all the bankers. Nobody was being called to account because MF Global, which was headed by former Goldman Sachs CEO, Senator, and New Jersey Governor Jon Corzine, was also protected. The client’s funds were illegally seized by the NY court and were used to cover the losses to the bankers completely in violation of the law.
The collapse was the eighth-largest corporate bankruptcy in U.S. history. The US Regulators investigated only whether MF Global tapped into client money from clients’ accounts as its financial condition worsened. They are ignoring the fact that it was trading with client money before the last few days. Brokerage Houses are required to keep customer money separate from the firm’s money, but that was simply not being enforced in the instant case.
As an astute lawyer wrote in about New York, he correctly pointed out that there is no rule of law, for it is a corrupt city with a “connection-based society,” not a “contract-based society.” Contracts mean nothing in New York, and this is why no bankers ever go to prison there. The courts will always rule against people for political objectives.
In 1951, NY executed an innocent woman they KNEW was innocent. It was April 5th, 1951, when Julius Rosenberg (1918-1953) and his 35-year-old wife Ethel (1915-1953) were sentenced to death using this Espionage Act. Today, everyone concedes that his wife’s crime was simply being married to Julius. The prosecutors charged her, thinking it would force him to give up his contacts, which he never did, most likely because he had none.
A co-defendant of Julius and Ethel Rosenberg, Morton Sobell (1917-2018), admitted for the first time that he was a Soviet spy on his deathbed at 91 after serving 30 years in prison but also made it clear that Ethel was innocent. Sobell passed military secrets to the Communists in World War II when the nations were still allies, he told the New York Times. Sobell, who served 18 years for espionage, said Julius did pass secrets, but Ethel, executed with her husband in 1953, was guilty of nothing more than being Mrs. Rosenberg.
Under our legal system, the Jury can nullify the conviction using common sense based on their own sense of justice. Our corrupt judges will never instruct the jury that they have that power. The JURY can refuse to follow the corrupt law and acquit a defendant even when the evidence presented seems to point to an incontrovertible verdict of guilt. Personally, I think the Jury should be told that they have the power to nullify a conviction as well as to direct charges and reprimand the prosecutor in such a case for his abuse of power.
All I can say is GET THE HELL OUT OF NYC before there is NO BID!
It’s a Sanctuary City and Taxes will Only Rise to Pay for the onslaught of uneducated illegal migrants.
Posted originally on Feb 20, 2024 By Martin Armstrong
You are absolutely not safe in New York. Both physically and financially. If the criminals don’t get you, the “courts” and politicians will. Please, please, get out if you can. They will come for you next as they grow more desperate for your money and your business. Get out. Let…
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