Howard Griswold Conference CallThursday, September 27, 2012 Partial Howard Griswold Conference calls: conf call (talkshoe)

724-444-7444 95099# 1# (non-talkshoe members must use the 1# after the pin number) Thursdays at 8 p.m., Eastern Time. Talkshoe mutes the phone lines Conference Call is simulcast on: www.TheREALPublicRadio.Net Starting in the first hour at 8 p.m. ******************************************** http://www.talkshoe.com/talkshoe/web/audioPop.jsp?episodeId=661654&cmd=apop ********************************** http://www.talkshoe.com/talkshoe/web/talkCast.jsp? masterId=95099&episodeId=665319&cmd=hrepi ************************** Howard's link for Thursday: http://www.talkshoe.com/talkshoe/web/talkCast.jsp? masterId=95099&episodeId=665319&cmd=hrepi Hosted by: Gemini Research Group Phone Number: (724) 444-7444 Call ID: 95099 Howard is the Guest Featured Speaker on Saturday at 6 p.m., Eastern Time at: http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=99043&cmd=tc Hosted by: :Mighty-Mo; Phone Number: (724) 444-7444 Call ID: 99043 ************************** Howard is listed on Angela's at : http://www.myprivateaudio.com/Guest-Speaker-Pages-Info.html http://www.myprivateaudio.com/Talkshoes.html **************************** Howard Griswold talks about contracts and the application of the law on the KMA Club. ***************************** http://geminiinvestmentsresearchgroup.wordpress.com/forms ***************************

http://www.youtube.com/watch?v=d8IanYOTLI8 ******************************

Note: there is a hydrate water call 8 pm, Eastern Mondays, 218-844-3388 966771# Howards home number: 302-875-2653 (between 9:30, a.m, and 7:00, p.m.) Check out: www.escapeharrassment.com www.escape-tickets-IRS-court.org All correspondence to: Gemini Investment Research Group, POB 398, Delmar, Del. 19940 (do not address mail to Howard Griswold since Howard has not taken up residence in that mailbox and since hes on good terms with his wife he isnt likely to in the foreseeable future.) Donations are accepted. "All" Howard's and GEMINI RESEARCH's information through the years, has been gathered, combined and collated into 3 "Home-Study Courses" and "Information packages" listed at www.peoples-rights.com "Mail Order" DONATIONS and/or Toll-Free 1-877-544-4718 (24 Hours F.A.Q. line) Dave DiReamer can be reached at: notaxman@dmv.com Peoples-rights has a new book available from The Informer: Just Who Really Owns the United States, the International Monetary Fund, Federal Reserve, World Bank, Your House, Your Car, Everythingthe Myth and the Reality. Hell take $45 for the book to help with ads, but $40 would be ok which includes shipping ($35 barebones minimum) www.peoples-rights.com c/o 1624 Savannah Road, Lewes, Delaware 19958 ******************** I am not a public servant {officer or employee} and any claim to the contrary must be proved by payroll records and my alleged public servant {officer} title and sworn under penalty of perjury with full commercial liability for the person who swears to it. Im not an officer or agent or employee of the government. I am not resident within the government and any claim to the contrary must be proved by payroll records. Prove that Im being paid by the government to be a government employee. If you cant then your law doesnt apply to me. Government has all the right in the world to make laws and rules regulating itself. When they impose any of these rules and regulations beyond government upon any of us {private} theyre breaching their fiduciary duty {as public officers and trustees of

government}. All employees of government are in a trustee position. The courts have said this emphatically Public means governmentprivate means non-government. Your acceptance of anything that government offers you at any level in any way, shape or form is a consent to cooperate with them and to put yourself under their authority and control. Governments have all the authority, rights and duties to make all the laws necessary to regulate themselves. Their law, rules, regulations, codes and so-called statutes do not apply to the people outside of government. *************** It is a dishonest act of enforcing a law upon a private individual that government has no right, no power, no authority whatsoever to enforce upon the private individual. That is breach of their fiduciary duty with no stupid questions asked. When you file a breach of fiduciary duty case you are actually filing in equity. Leave out all statutory references even though that example that we send around came out of Colorado forms and it refers to a Colorado statutory representation that does put it in equity but it isnt necessary to quote any statutory reference in order to open the court of equity which is the Article 3 courts (unless youre a teacher or government worker or have contracted with the government with full disclosure, etc whereby youre not private anymore and youre resident within the government.) You got to party to government to enjoy governments benefits, privileges and opportunities. ******************** This defendant states that he is without knowledge sufficient to form a belief as to the correctness of the statement of the claim of the plaintiffs and he neither admits nor denies the allegations concerning the claims of the plaintiffs but demands the plaintiffs strictly prove their claim. *************************************** Theyll always say that we need the information from you. The burden of proof is upon the complaining party, not upon the defendant. That, again, is a violation of due process. **************************************** You didnt give me enough knowledge or information about what youre talking about to give you a responsive answer. *************************************** How can there possibly be a credit card when the law forbids the banks to lend credit?

************************************** Dont give them the facts that they want. Dont give them the answers to creates facts or even the appearance of facts that they want. The burden of evidence according to the law is upon the complaining party, not upon the defendant. The defendant doesnt have to produce or admit to anything. *************************** Their own paperwork is your evidence to prove their dishonest act, have a copy of the statute, for instance, that shows what they were supposed to do which they didnt do or a copy of the rule that shows what they were supposed to do that they didnt do not that complicated for any of us to do. **************************************** The state of some name is the government. We have been so misled into thinking that we live in the state of something but when in fact the only time youre in the state of something is when youre employed as an officer or an employee of the state government or any of its political subdivisions. *************************************** Look it up in the states laws. Every state has laws on the procedure of how theyre supposed to do things, even the rules of filing a complaint. They can be found and those rules require things that are commonly left out of complaints. *************************************** The whole basis of appeal is based on whether or not due process was met and whether the judge erred in the due process. **************************** Resident means located at, an agent of or associated with the state government when you admit to being a resident of the state. When they make a claim that youre a resident of the state you can rebut that claim by an affidavit stating that you are not a resident of the state. You are not employed by the government and if they want to claim that you are all they have to do is come up with payroll records to prove it. Caution: The Department of Education is an agency of the State. Christian Walters (trusts) is on Mondays, Tuesdays and Saturdays at nine o'clock, Eastern Time. The number is 1-712-432-0075 and the pin is 149939# (9 pm EST). Wednesdays number is 1-724-444-7444 and the pin is 41875# (8 pm, Eastern) or tune in on Wednesday at Talkshoe.com at http://www.talkshoe.com/talkshoe/web/talkCast.jsp? masterId=41875&cmd=tc Often you can find a transcript or a partial one for the weeks call at the following website: http://groups.yahoo.com/group/peoplelookingforthetruth Howard approves or disapproves all postings to this yahoo group. Send potential posting to Howard.

Note: questions to Howard are now submitted to Howard, preferably typed, to Gemini Research rather than fielded on the call live. It would be desirable to send a couple of bucks for mailing, copying and printing costs. ********************* Extra legal help is available from the firm, Ketchum, Dewey, Cheatham and Howe. ******************************************************************* **************************************** For reference: Jersey City v. Hague, 115 Atlantic Reporter 2nd, page 8 (A 2nd ) ********** Project for all: Howard needs information on how to write a complaint for breach of the trust. Hit the libraries! He would appreciate any research help. ***************************************************** Start ***************************************************** {01:33:53.718} [Howard] There is an appearance of everything in the court on a record that the court keeps. Its referred to as the record of the case, the docket, the docketing sheet, the docket, several different names. If you dont use the right one just say to the clerk, I want a copy of the paper that you keep the record of all the filings in the case of so-and-so v. so-and-so, whatever, State v. Me, whatever, whatever the case may be. I want a copy of the record of all the filings in that case. Do you understand what I mean, Mrs. Clerk, Mr. Clerk. oh, oh, yeah, ok, you mean the docketing sheet, ok, if thats what you call it. I said docket sheet. Well, maybe they call it the docketing sheet. See how specific some of this moron stuff is and they wont recognize it if you dont use the right word. So just understand that what youre asking for at the court, at the clerks office, is a copy of the record of all the filings in the case. It is called the record of the case. In the record of a case there is supposed to be now listen closely to thisa notice of the attorney of record. That is according to the law dictionary under the definition of attorneys, it is the attorney whose name must appear notice the word, mustmust appear somewhere in permanent records or files of a case or on the pleading or some instrument filed in the case or on an appearance docket. Well, it is more specifically required to be on an appearance, a notice of appearance on the docket. The person whom the client has named as his agent, his representativeas Dave was talking about, one who re-presents him as his agent upon whom service of papers may be served. An attorney who has filed a Notice of Appearance, i.e., through a precipewhich means a written document and who hence if formally mentioned in the court records {1 : any of various legal writs commanding a person to do something or to appear and show cause why he or she should not

2 : a written order requesting a clerk or prothonotary of a court to issue a writ and specifying the contents of the writ } as the official attorney of the party. Once an attorney becomes an attorney of record. He often cannot withdraw from the case without court permission. Every pleading of a party represented by an attorney shall be signed by at least one of the attorneys of recordit has to be one of recordin his individual name and his address must be stated. That was under attorneys {apparently, it is possible to be lower than an attorney}. Under the definition in Blacks Law Dictionary of appearance it covers appearance of an attorney which is an act of an attorney in prosecuting any action on behalf of his client. It is a document filed in the court in which the attorney sets forth facts that he is representing a party to the action. Now, the next definition is a subheading of appearance docket and it says, it is a docket kept by the clerk of the court in which appearances are entered containing also a brief abstract of all the proceedings in that cause or case. Ok, this is what I was telling you about, the docketing statement, the docket sheet, the docket record, the record of the case. Theyve got different names in different courts for it. You go to the court and you ask for that. What I have noticed recently is several people that I have told to go do this because we were looking for this very specific thing where the attorney put in his notice of appearance and theyre not doing it and they must. I just read that to youmust put in a Notice of Appearance. Hes not doing it. If he didnt put in his notice of appearance I would strongly suggest that he should not be allowed to speak before the court for a party. Well, those of you who feel that attorneys are the wrong kind of people to hire and dont trust the scum and you go into court on your own sometimes you dont know what to argue. I would suggest that before you go to court for a hearing or a trial of any kind at any level that you go to the court clerks office and ask for a copy of the record of the case, the docketing statement, the docket sheet or whatever they might call it. Get a copy of it, take it with you when you go to court and point out to the court that this attorney for the State of Blank, this attorney for the United States, this attorney so-called for the bank has never filed his docketing statement stating that he is representing that party, whoever it may be, the bank, the government, whatever. And if he hasnt then hes not of record and he cannot speak in this trial and if he does I object strongly to his speaking or bringing anything up. You will upset the judgeif youve never seen one do it you will witness a judge turning bright red. Hell look like a Christmas tree bulb. His blood pressure goes sky high, his arms start flapping and he stutters and then he decides to do something. Were going to continue this case. You make sure youre here when you get notice of what date this is continued to. For now this case is closed. Itll be continued. Youll get notice. Get out of my court. These are the kinds of things thatll happen to you. You might get threatened but dont be scared by their stupid threat. Just tell them, look, I got a copy of the law dictionary and what it says. It says they must, they must file a Notice of Appearance. This docketing sheet from this case showed that the attorney for so-and-so has not filed. Judge, all Im asking you to do is make sure the law is followed. Im not trying to be obstinate, Im not trying to be a smart aleck. So if they threaten you, you come back with that and thats when he will really get hot and hell continue the case. Most likely they will never file this notice in the court record that they are the attorney for the party. They are not doing it, theyre avoiding it and Im sure theyre going to continue to avoid it. They will not file it because theyre not truly representing anything. Theyre representing themselves. The attorney for the state is representing himself. The state doesnt get anything out of these court cases. The state already got their money. When a traffic ticket

was issued, that traffic ticket has been deposited. The state got its money already. This court scam is to collect money out of your pocket to share among the attorneys and the judges and the cops. The state never gets any of it. The states not there, the state doesnt care. The state will not send anybody. Even if you subpoena them, a state official of any kind, if you subpoena them to the court the judge will quash the subpoena because the state is not going to show up and testify to anything. No state official is going to show up. Only the little punks that they use in their administrative actions who administer their code statutes upon you and I that dont even apply to us, everything theyre doing is dishonest. It is not within the law. It is only within their court actions and they do not list themselves as the attorney of record because if they did they know darned well they could be held liable. Force them to do it and Ill bet you they wont. Ill bet you that when youre told that this case is continued and youll get a letter telling you when and you better be back here theyll act real nasty. Make sure that youre here on the date that its continued to. Youll never get that letter. They wont continue with the case. This will stop a whole lot of this foolish collection crap that is draining the American people and its a simple little function of their own procedurethats all it is. But if you have any real trouble with this attorney or the judge not doing this Some morons have professed very loudly across this country that lawyers dont have a license. One guy wrote a big article here. He said, attorneys license, aint no such thing. Oh yeah? Well, thats not what the law dictionary says. Now, he thinks the license ought to come from the permit department where you get licenses to build houses to be a building contractor or the marriage license department or something like thatno, no, no. Every one of these functions of government that issues licenses are different departments and most of them are private little corporations doing the business for the government. And the courts are nothing more than a privately owned corporation which can be found on Dunn and Bradstreet listed as a business organization in business for a profit but in the law dictionary, Blacks 6th, the one I have open right now, under attorneys it covers the subheading of attorneys licenses. It is a formal document issued by the state supreme court normally after they have passed the BAR examination which permitswhat do you think a license is? A license is a permit to do something which would have otherwise been unlawful. Look up the definition of a license. Thats exactly what it says. And it is a permit which permits one to practice law in that jurisdictionin other words, in the jurisdiction that that supreme court has authority over whether it be the United States Supreme Court and US District Courts all across the country or whether it be state courts and only allowed the practice in those state courts under the state supreme courts license to do so. Anyway, there is also a similar document issued by federal courts to attorneys admitted to practice in state courts. Such license may be revoked because of disbarment or suspended for attorney misconduct. Now, many, many many times we have been told if you dont like what a lawyer did complain to the BAR Association. There is a lawyer referral board that investigates complaints against attorneys. It is part of the BAR Association. Well actually, the whole damned court system is owned by the BAR Association under a corporate name other than the BAR Association. So, if youre going to the fox to ask the fox to keep the other foxes from doing wrong and killing your chickens in the chicken house you really dont expect results, do you? But I would say that if the Supreme Court has actually licensed these people to be lawyers and conduct the practice of law within the courts under the control of that Supreme Court then reporting them to the BAR Association is probably fruitless and never gets anything to the Supreme Court as to

what the complaints are against the lawyer unless its really serious as has happened a few times in this country that lawyers have been caught stealing a lot of money and not sharing it with the rest of the lawyers and they have been disbarred and when theyre disbarred then its sent to the Supreme Court and the Supreme Court revokes their license. I would suggest that if we sent our complaints directly to the Supreme Court they would possibly revoke the license whether they were disbarred or not. They might just put them out of their courts. That would make them move to another state and probably get set up in another state to appear before that states courts but it would sure disrupt them for a while. Thinking about what I just told you about the requirement to file a document in the court record stating that they are the lawyer representing such-and-such a party and that theyre not doing it, I would suggest that you report that to the Supreme Court of the area where these courts are, where these lawyers are not doing it. Now, lets just take a for instance because I know that people dont grasp the whole story sometimes so let me make an example. Suppose you live in Colorado and you have to go to court in a Colorado State Court. If you go to the Colorado State Court before the trial is due or the hearing is due to be conducted and ask for a copy of the record of filings in the docketing statement or whatever its called, get a photocopy of itit might cost you a dollar a page or something like that. Its a worthwhile investment, believe me, you will find that the attorney has not filed his notice of appearance in the record. He has not made himself the attorney of record. And when you go to court bring this up. If anything is not done about it, if the judge doesnt say, ok, you are to go file your notice of appearance before we will proceed. Well, he does that and continues the case and you do get a letter stating that theyre going to have the case on a new date you want to go back to the court and check the docketing statement and find out if he has actually filed his Notice of Appearance. If he hasnt, again, pay for a copy of the docketing statement and show that up until the date that you got it, two days before this new hearing he still has not filed and now, Judge, Im going to report him to the Colorado Supreme Court. I think you will get thrown out of court but theres only one place better in this world to get thrown out of than court and that is the church you belong to. Either one of them are a great place to be thrown out of to separate you from the deceptions and the capacity to deceive. I like that, Dave, that was an interesting e-mail. I would like to get a copy of that one from you that the court said that MERS, these collection agencies have the capacity to deceive. Well, let me tell you something. I dont think theres anything in this world today that doesnt have the capacity to deceive whether it be your religious churches or your educational foundations or your courts or your hospitals and doctors. Theyre all deceiving us, misleading us, guiding us in the wrong direction But law and lawyers, anything to do with lawyers at all, they definitely have the capacity to deceive and they do it all the time. And one of the deceptions is that they are appearing in the court representing somebody claiming that their attorney in front of you and in front of the court and they are not filing as required their notice of appearance in the record and actually I dont think that they can appear without filing that. But if they lead the court to believe they have the courts not going to go run and check it. Youre the only one thats going to run and check it if you listen to me, if you have the initiative to go do it and you make the court aware that this attorney has not filed his notice of appearance and thus he cannot appear in this case and argue anything. You will stop a lot of their capacity to deceive by bringing this up. I like that capacity to deceive. Deception is hard to prove. But

the capacity to deceive is easily proven by something like what I just pointed out. Hes appearing here in the court and he hasnt filed his Notice of Appearance. Hes deceiving the court into believing that he has by appearing here. He has the capacity to deceive, doesnt he? Well, he cant continue on until he files his Notice which must be done according to the dictionary definition. Now, theres no court cases here cited to back any of that up. There might be something that could be found. I dont know. Ive just looked into this recently because of these docket statements that Ive been checking into for several different peoples cases and finding out that its not there. Its not on the docket statement and its supposed to be. So, being Ive just looked into it I have not had the time to research it as far as case law goes. I suggest that there probably is some case law on it somewhere. Id suggest that were on an interesting little rabbit trail here that might close the rabbit trail down for the rabbit if we can find out enough to back it up. So some of you folks out there that have the time and capacity to do some research might Google that and see if you can find anything on it. In the meanwhile Ill have my wife try too but shes not real proficient at tracking those kinds of things down. She does a pretty good job but some of this stuff is not that easy to find on the computer and we dont have any extra programs or special programs to use that you can get into and do that. So, some of you folks out there might be able to help us by doing a little bit of research and seeing if you can find anything on attorney filing his Notice of Appearance and just how strong or stiff the law is that requires it or doesnt require it or if its a little bit lucrative and they dont really have to and its hard to say what well find. But the dictionary says he must. So I suspect that we will find something that says that he has to do that. And if hes not doing it then hes being dishonest. Hes defrauding the court into believing that hes representing this party, The Last National Bank or whoever it is thats suing you. No, he cant represent the Last National Bank if he didnt file his Notice of Appearance into the record that he is representing the Last National Bank. I use that term because it is so broad. There are so many banks, so many collection agencies doing these kinds of things under the names of mortgage companies, collection agencies, banks, credit card agencies, all these kinds of different things when in fact they dont representweve already found out. We have been in touch with the bank and asked the bank, have they hired an attorney to collect such-andsuch a debt against so-and-so. Their response was, no, we discharged that debt. We havent hired an attorney for anything, yet you got a letter from an attorney and a court that says youre being suedthats the summons. It says you got to answer within the next twenty days or youll be found in default, a complaint filed by this lawyer in the name of the bank or the credit card company or the state and youll find out the state is not prosecuting anything. Its these damned attorneys that lie and deceive and cheat that file this kind of stuff but they have to file as the attorney of record for that party thats making the action and theyre not doing it. So I think its very important that this may seem miniscule I think its not so miniscule, I think its very important that we start showing that theyre not filing it. Theyre not filing their Notice of Appearance into the record. The court clerk does not have it in the record and this attorney cannot appear without filing his Notice of Appearance. Ive got the record of the transcript of several cases in the past where a judge did make a comment to an attorney that I dont see where you have filed a Notice of Appearance but he proceeded on, I guess, presuming that he would file his Notice of Appearance. Theres got to be something to this. Its supposed to be done. Its being overlooked and as long as we dont object it will continue to be overlooked. So, the

point is we have to learn to object that this attorney and right away that he has not filed his Notice of Appearance and as he has not done so he cannot appear before this tribunal, this court, in this hearing until he files it. I think that will stop the hearings and it may stop them from ever coming back to a hearing because Im telling you that this whole thing is so fraudulent that they really dont want to put their name to it. Thats why they arent filing their Notice of Appearance. Most of the actions taken in the courts other than you sued me because I didnt put the right sized storm windows in your house on a contract that I would provide the storm windows and you paid me and the windows dont fit right. Oh, that one, yeah the appearance might be filed on one like that. Theyll go for me against you, for you against me when its all private peopleyeah, theyll do what theyre supposed to do. But when its the state or anything to do with government of any line whether its medical or banking or insurance, thats all government bull crap they just will not seem to file their Notice of Appearance Its getting more interesting all the time, especially things like what Ive just told you about the appearance of an attorney. They dont do it and theyre supposed to. Well, if theyre not doing itand most of these scum we have in elective offices like the legislative and the governortorial are lawyers. Well, if theyre not honest in their trade what makes you think theyre honest being legislators or being governors or being part of the governors office. And you know that all judges are mandated to have been an attorney before they can even apply to be a judge. You cant be too sure you can trust a judge either, can you, if lawyers dont do what theyre supposed to do and follow their own rules. What makes you think that they follow any rules or do anything properly when they get into one of these higher positions like judge or legislator or gubernatorial office or presidential office? That lawyerjerk we have in the presidential office, the only way he could ever run a business would be into the ground and nobody seems to understand that the United States of America is a business corporation. It was from its inception in 1789 when the Constitution was accepted and put into play and organized the beginning of this government? It was a business corporation. Go read the Declaration of Independence. Thomas Jefferson wrote that when the means of things go astray that every government and its business has to be changed and replaced. Its business. Everything to do with government is a business and we need a business man to run a government like this that knows what business is all about not some simple community organizer like we have in there right now. And hes no worse than the last three that weve had in there because they werent much more than community organizers too. They were not business people. [Dave] When they do not follow their regulations what theyre doing is irregular.

[Howard] Irregular, and when you The courts have said time and time again that if you can show the irregularity which means not following the law and doing what the law requires that its irregular the judgments will be reversed or judgments will be discontinued. They wont even proceed to a judgment if you can point out the irregularity which means not following the law. Well, I just pointed out one of the most important ones that would stop a case that the attorney did not file in the docketing record of the case his appearance that he is going to be representing the party Theyre not following the rules. They never do. They never follow any of the rules. We just have to look further into the rules and find out what their rules are and what theyre supposed to do and stop them

because theyre not doing it according to their rules. Now, if they proceed on something like this then you got a terrific breach of fiduciary duty case against them because thats dishonesty, not following the rules. Irregularity is evidence of their dishonesty. So, theres ways that you can put together a breach of fiduciary case and go after some of these scum and maybe pad your pocket a little bit if the whole system doesnt collapse before you get the case through the court. Please, somebody, look into what I asked about into some kind of case law that might refer us to what the real rules are on Notice of Appearance.