Martin Armstrong 2017 Has The Date Been Set For The Great Economic Collapse Please Subscribe to my NEW Channel!
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.
If you are against the refugees, many will call you a racist even though the refugees are not of a single race. The problem is they are economic migrants – not refugees from exclusively Syria, which the West can stop in a heartbeat. The crisis is economic. These people coming in are getting the benefits of unemployed workers without work and are breaking down an economic system at the worse possible moment.
Nicolas Sarkozy of France says immigrants should ‘speak French’ and attacks ‘medieval’ burkini revealing the culture clash. This influx is even starting to change fashion gradually. There is little assimilation, but the West is bending over backwards to accommodate them and in so doing is starting to change itself.
The crisis is economic. Italy cannot afford to pay for all these people benefits when the State is in serious economic trouble to begin with. They are now threatening a ‘nuclear option’ to migrant crisis by giving EU visas to 200,000 incomers and sending them north as the country struggles with the sheer cost of human warehousing.
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.
Here is a picture taken from a reader in Hamburg. The degree of violence rising in Europe and in the United States post-Trump election, have been organizing the youth. I have warned that revolution always comes from the youth so this is not something we should push aside lightly.
It was wisely summed up that a man has no heart before the age of 25 if he was not a socialist, and no head after 25 if he remains one. These words ring true. All the violence in Germany, France, and USA just to glaze the surface, all involved primarily the youth. What we must be deeply concerned about is who has been funding these civil uprisings and they should not be allowed to bribe their way out with political donations
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.
It is one thing to defend animals against physical abuse be it dogs, cats, or even cows. By the activist Len Goldberg targeting Toronto’s island airport advertisement saying it was “insulting” to cows by simply saying they do not treat cows as “precious cargo”
Goldberg posted it on his facebook page and called on everyone to complain. The advertisement was taken down.
It would be nice if such organization could be mustered to actually clean up government. That just might prevent war. I don’t think the cows have been taught to read just ye
Good night, Mr. Armstrong:
I hope you are well and enjoying your front-beach house in the Sunshine State.
I read your blog every day, since 2011. I ask you:
1. Why your office was destroyed, on July 3rd?.
2. It was a threat to your work or to your person?.
3. Are you afraid for your life?.
I look forward to hearing from you as soon as possible.
ANSWER: No. They just broken in it appears looking for system software. We do not keep anything in the office of that nature. Even the Socrates System, all that is on the web is the results – not the program. So they can hack all they want, the system is not accessible in such a manner.
Our office was not destroyed. They targeted our floor when there were banks and other operations in there which would have offered a better target. It was not a direct threat against me or the company. It was clearly an exploratory venture that yielded nothing.
I do not fear for my life. My problem was with New York, not Washington. New York banks control the Federal NY court (SDNY) and have used it to destroy any competition. REFCO, the Chicago Commodity Firm was charged and destroyed in NYC. Drexel Burnham was the Philadelphia firm where Michael Milken worked. It too was charged in NYC and destroyed. Frank Quatrone of First Boston did the DOT.COM IPOs. They were charged in NYC. You will find anyone who takes business from NYC is charged in NYC, destroyed, and then NYC banks absorb their business. It is a very carnivorous operation in NYC so that court is dangerously corrupt.
Compete with New York at your own risk.
When I have gone to Capitol Hill, I was introduced as this is the guy with model they were trying to suppress. The New York courts are the most corrupt in the nation. Judges can change the transcripts altering the words spoke in court in direct violation of 28 U.S. Code § 753.
The US Federal Court of Appeals (Second Circuit) is appalling and if I were president, that court would be closed, everyone fired, and the judges put on trial for treason. The Second Circuit Court of Appeals is supposed to supervise the lower District Court. The Second Circuit Court of Appeals (NYC) R E F U S E S to do its job. In US v Zichetello (see page 97), it had the audacity to admit the Judges are committing felonies changing transcripts, and wrote it did not have the “power” to tell them to obey the law. If the Court of Appeals has no power, then it should be shut down. The Court of Appeals wrote:
“The Southern District of New York follows a practice that is unusual and perhaps unique…. The court reporter does not release a transcript to the parties until after the judge reviews, and in some cases corrects, it. … Because the parties receive only a printed transcript that incorporates the judge’s revisions, the parties are not informed of such revisions.
Courts do not have power to alter transcripts in camera and to conceal the alterations from the parties.11 Given the issues that arose in this case as a direct result of this practice, there appears to be little justification for continuing the practice in its present form. To be sure, a procedure that corrects obvious mistakes in transmission is useful, and the parties have little interest in closely monitoring such a procedure so long as the alterations are cosmetic. Monitoring by the parties, however, provides some assurance that only cosmetic changes will be made or, if not, that changes will correctly reflect what transpired in the particular proceeding. Moreover, there is little cost in informing the parties of cosmetic changes or at least of directing court reporters to give parties access to the original transcript when they request it.
Nevertheless, whether we have the power to order a change in such a practice is unclear.12 We review judgments, and our review of the convictions and sentences here may not be an appropriate vehicle for the fine tuning of this practice. However, we invite the judges of the Southern District to consider revision.”
Other court reporters as in Virginia call it “improbable conspiracy” theory. They wrote: “Accurate trial records are essential in protecting the validity and verification of trial cases. This is why tampering with court transcripts is considered a serious crime.” They seem to have had inquiries but do not want to admit that in NYC Federal Court SDNY they are still changing transcripts and the court reporters do not sign the transcript swearing they are correct.
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.
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