SPENCER BREAKTHROUGH IN FEDERAL COURT

"Tower Of Hope" People Power Movement: “180 degree about face by Commonwealth and NSW. On Tuesday 31st May, Peter Spencer had a very substantial breakthrough in the Federal Court, Sydney. After almost four years in both the Federal and High Courts, the legal teams representing the Commonwealth and NSW negotiated and then agreed on the categories of documents for discovery to be provided by the two respondents. This left Judge Emmett with the job of issuing the order. The documents sought and agreed to are to be provided progressively between now and the next hearing set for Friday 2 September.

For four years, the approach taken by the Australian Government Solicitor (for the Commonwealth) has been to deny the existence of any documents showing the existence of informal agreements between the Commonwealth and the States (relating to sequestration of carbon and land use change laws and measures) before and after the Kyoto meeting of the UNFCCC in 1997. Rather, counsel for the Commonwealth has repeatedly claimed that Mr Spencer was on a “fishing expedition” and have pulled every delay and denial tactic possible to prevent Spencer v Commonwealth of Australia going to trial.
However, last week there was a 180 degree about face, as the Australian Government Solicitor and the Crown Solicitor for the New South Wales Government NSW changed tack from bluff and denial to negotiation. Finally, the Government law teams are complying with the High Court of Australia’s judgment last September overruling the Federal Court’s previous decision regarding the matter; and in the light of Spencer’s meticulous research and his filing for categories of (internal Government) documents sought.

Peter Spencer is very happy that finally he and his legal team have their “foot in the door”. Although the opposing legal teams have not yet handed over everything sought, it’s been left open to ask the Court for additional discovery if required.
Spencer supporters are also very much heartened by news that there is a great deal of discussion in the new NSW parliament in recognition of the strength of Spencer’s legal position. Even more important, there is recognition and discussion about the moral case implicit in the State taking from private landholders, which has become epidemic due to pressure from both green fundamental groups pushing sustainable development policies and the precautionary principle on the one side, and the corruption of due process by big developers on the other side.”

Watch ACM’s interview “The Spencer Case and Property Rights here…

DON’T LET POLITICALLY CORRECT LAWYERS GET THEIR HANDS ON OUR CONSTITUTION!

by Ian Wilson LL.B.
It was a small story and you may have missed it, but it was an important one : “Abolition of Constitution’s Race Power in Frame” The Australian 19 May 2011, p.1. The discussion paper by the Prime Minister’s Expert Panel on the Constitutional Recognition of Indigenous Australians wants the race power removed from the Constitution, obligate the government to make formal deals with indigenous Australians on land and cultural issues, as well as including a “broad statement of values”. Gillard appointed lawyer Mark Leibler and indigenous activist Pat Dodson to head the panel.

Abolition of the race power would be a gift from heaven to politically correct lawyers and activists. It will be used to create an open borders Australia; no longer could laws be made to stop asylum seekers (who are of ‘a race’) coming or being detained. Who knows what Australia’s lawyers will get up to if they get this one in. Don’t let this happen.  

IS ‘THOR’ REALLY A RACIAL REALIST MOVIE?

by Brian Simpson
There is a big debate on the internet about the Marvel/Comic movie “Thor” which is now showing. Thor is the Marvel Comic answer to Superman, created in 1962 by Jewish writer Stan Lee (Leibler) and renowned artist Jack “the King” Kirby. Marvel’s Thor had little in common with the Thor of Nordic legend in the “Eddas and Sagas”. Marvel’s Thor was a liberal and multiculturalist as is Thor of the movie. And this is where the debate begins. Various white nationalist groups have boycotted the movie because black actor Idris Elba stars as Heimdall. Another Asian actor plays Hagun the Grim, Marvel Thor’s mate. Thor’s human love interest is Jane Foster played by Natalie Portman. Her real name is Natalie Hershlag, born June 9, 1981 in Israel.

All of this looks about as politically correct as it can get; the Nordic Thor (played by Aussie Chris Helmsworth), falling for a Jewess. But I expected Thor himself to be black, and in the Marvel Universe and Hollywood, why not? However, I would like to raise a point which no one has yet put on the net, a clear point for the racial nationalists.
In a nutshell the Thor movie is about two brothers, Thor and Loki. Raised by King Odin, only one can be king of Asgard. The movie traces Thor’s fall, banishment to Earth and his redemption. But Loki also falls – from believing that he is Odin’s biological son, to discovering that he is really the son of a Frost Giant, an enemy race. Loki’s fall comes from this discovery and the movie is really about this, even given the attention paid to the Thor/Jane Foster relationship.

Loki at the end of the movie chooses to join the Frost Giants and turns against the race of Asgard. In other words, despite all of the political correctness, the theme that racial differences are real, can be seen in the “Thor” movie. It also can be seen in the comics because all of Thor’s adventures basically arise from either Loki’s racial conflict and desire for evil or from Thor’s misplaced being on Earth, out of place with Earthlings. Race does matter.

In conclusion Marvel have failed with Thor, assuming that they intended to churn out a standard politically correct super-hero movie. The story of this liberal cosmopolitan superman refutes racial egalitarianism. This basic point has not been made before and yet it is obvious, and, further, makes a neat contribution to the “cultural wars”. Google, where are you!  

SHADOW BANKING SYSTEM: BIG ELEPHANT OR RED HERRING?

Dr. Frances Hutchinson, Chair of Social Credit Secretariat, UK:
Readers who have been following the rise and power of the Shadow Banking system over and above what has been termed ‘the classical banking system’ will find Dr. Frances Hutchinson’s comment on the internet discussions of this ‘shadowy banking group’ quite revealing. It is true that the internet is truly humming with material exposing the activities of the fraudulent, corrupt, banksters, politicians, etc., but what to do about it is the real issue. Read on:

Comment on Perry Mehrling’s shadow banking system - Big Elephant or Red Herring?
“The shadow banking system has taken over the classical banking system in finance and is now the big elephant in the room,” says Professor Perry Mehrling.
There is an old story about a group of blind men touching the limbs, trunk, tail, back of the elephant, whatever is nearest to them, in an attempt to discover the nature of the whole elephant. Perry Mehrling emerges as the latest of a series of experts with a partial answer to a very complex question. What is the financial system, and how can we tame it to our use?

On his blog, Mehrling observes:
“In its essence, all banking is nothing more than a swap of IOUs. I give my banker a sheaf of papers that say, essentially, “I owe you $100,000”, and my banker gives me a deposit account that says the same. The result is an alchemical conversion of my uncertain future earning prospects into current spendable cash”. All banking, shadow or otherwise, is about “future earning prospects” which will be convertible into “current spendable cash”. For the vast majority of humanity today, “current spendable cash” is acquired through working as an employee.

In the recent exchange on “What a Public Bank Could Mean for California”, Wallace Klinck hit the nail straight on the head when he questioned the assumption that reform of the banking system is necessary to create full employment. For the entire banking system, no matter how shadowy, to work at all, it is necessary to have an employment system so that there is something on which to spend that “current spendable cash”. The banking system needs people who are willing to work for money. It needs millions and millions of people prepared to sacrifice their adult lives in service to the banking system. Hence it appears normal to work five days a week, Monday to Friday, with weekends and Bank Holy Days off, weeks of paid ‘leave’, extra pay for unsocial hours of the highly skilled, and long hours with very poor pay for the mass of de-skilled labour.

The army of workers is necessary to maintain the artificial edifice of Western Civilization. There must be people willing to produce material goods, and to wheel and deal in their money values through the stages of production and on to the final consumer. There must be people willing to man the transport and communications systems, to provide the educational, medical, media and legal services. And there must also be people able and willing to give birth to new workers, and to rear them to the point when they are willing and able to be employed.

Completely miss the point of Social Credit analysis:
I may seem to be labouring the point. But it is vitally necessary to do so. The financial system, in all its many shapes and forms, is built on the foundation of paid employment. So long as the failure to provide employment is seen as the main problematic outcome of threatened financial meltdown, the system will simply metamorphose indefinitely. At the present time, there would appear to be no fundamental dissatisfaction with the employment system: individuals are happy to go to work in return for “current spendable cash” to spend on their particular basket of goods. For this reason people like Ellen Brown, Mary Mellor and many, many others completely miss the point of the Social Credit analysis.
The notion that modern technology, combined with an alternative bookkeeping system could revolutionise daily life, end incessant wars and make poverty amidst plenty a thing of the past, goes clean over their heads.

Above all, as Douglas observed on so many occasions, both employment and the financial system are backed by the force of law. And those laws have been drawn up under close consultation with the financial authorities. All talk of ‘monetary reform’ can be happily permitted on the ‘red herring’ principle. It draws the scent away from the real fox.  (emphasis added...ed)

AS FOR ‘SHADOW BANKING’ - THIS WILL BRING A SMILE TO YOUR FACE

A Bank of America branch was taken to court and foreclosed on by a Florida couple that the bank had tried to rip off. It all started five months ago when the Bank of America filed foreclosure papers on the home of the couple who didn’t owe a dime on their home. The couple said they paid cash for the house.

The case went to court and the homeowners were able to prove they didn’t owe the Bank of America anything on the house. In fact it was proven that the couple never even had a mortgage bill to pay. A Collier County Judge agreed and after the hearing the Bank of America was ordered, by the court, to pay the legal fees of the homeowner, Maurenn Nyergers and her husband. The Judge said the bank wrongfully tried to foreclose on the Nyergers' house.

So, how did it end with the bank being foreclosed on? After more than 5 months of the judge's ruling, the bank still hadn't paid the legal fees, and the homeowner's attorney did exactly what the bank tried to do to the homeowners. He seized the bank's assets. “They've ignored our calls, ignored our letters, legally this is the next step to get my clients compensated” attorney Todd Allen told CBS. Sheriffs deputies, movers, and the Nyergers' attorney went to the bank and foreclosed on it.
The attorney gave instructions to remove desks, computers, copiers, filing cabinets and any cash in the teller's drawers. After about an hour of being locked out of the bank, the bank manager handed the attorney a cheque for the legal fees.

The defence attorney says this is something that he sees often in court, banks making errors because they didn't investigate the foreclosure and it becomes lengthy and expensive battle for the homeowner. "As a foreclosure defense attorney this is sweet justice" says Allen.

Sweet justice. A great way to start the week:

THE LEGAL MAZE OF MERS

In October 2010 American lawyer and writer Ellen Brown reported on “The Shock Therapy for Wall Street”. (https://www.webofdebt.com/artic1es/shock_therapy.php).
The banking giants have been forced to suspend thousands of home foreclosures because they cannot produce the necessary legal documentation for a court of law. The following are examples of what has occurred.

• On September 20th, Ally Financial Inc., which owns GMAC Mortgage, the nation's 4th largest lender, halted evictions and resale of repossessed homes in 23 states. This was after a document processor for the company admitted that he had signed off on 10,000 pieces of foreclosure paperwork a month without reading them. The 23 states were all those where foreclosures must be approved by a court, including New York, New Jersey, Connecticut, Florida and Illinois.

• On September 28, JPMorgan Chase said it was halting 56,000 foreclosures because some of its employees might have improperly prepared the necessary documents. All of the suspensions were in the 23 states where foreclosures require court approval.

• On September 29, the Washington Post reported that a top federal bank regulator had directed seven of the nation's largest lenders to review their foreclosure processes, after learning about widespread mishandling of homeowner evictions. Besides JPMorgan Chase, they included Bank of America, Citibank, HSBC, PNC Bank, U.S. Bank and Wells Fargo.

According to Ellen Brown’s report: “The paperwork problems range from potentially forged documents to bank employees who never read borrowers' files before signing off on an eviction. On September 30, Rep. Alan Grayson posted a devastating seven-minute video, in which he gave four real-world examples of such travesties of justice, including a man who was foreclosed on when he didn't have a mortgage and paid cash for the home; a home that had two foreclosure suits against it because both servicers claimed ownership of the title; and a couple foreclosed on over a contested $75 late fee…”

How did such a legal tangle come about? MERS - MORTGAGE ELECTRONIC REGISTRY SYSTEM
“Grayson blamed the massive foreclosure problems largely on the electronic shortcut called MERS. "The banks simply digitized mortgage titles into a privatized system, called the Mortgage Electronic Registry System (or MERS)," he said. "And it did the transfers by trading Excel spreadsheets among the banks and trusts, rather than endorsing the notes as required by their own contracts, by state real estate law and by IRS rules." He stated that 60 million properties are recorded in the name of MERS -- 60% of the mortgages in the USA, and 97% of the loans made between 2005 and 2008. On October 1, Bank of America announced that it was delaying foreclosures in 23 states. The same day, Connecticut Attorney General Richard Blumenthal took the radical step of putting a halt to all foreclosures from all banks in his state…”

I think we can now begin to have an inkling why Pastor Chris Field wanted to personally sight the legal mortgage documents for his family home. Such documents that are meant to be held by the bank. Yet for his insistence to see such documentation has been forced out of the family home.
Readers will remember the call to mount a Mortgage Class Action in Australia. We wrote of it in last week’s OT. An Australian group is seeking other interested home owners to join with them in such an Action.  

THE MYTH OF HUMAN RIGHTS

by Ian Wilson LL.B.
The UN Human Rights show hit Sydney on May 23, 2011 and played to a packed house of the faithful. At the Sydney Town Hall, UN High Commissioner for Human Rights, Navi Pillay (female, Indian) and indigenous leader Pat Dodson (wearing his standard hat, indoors) were seated together, and the photo in full colour can be viewed at The Australian, May 24, 2011, p.7.

In an outpouring of political correctness Pillay said that Australia’s proposed refugee swap with Malaysia breaches international law, or rather “refugee law”. She said: “You cannot send individuals to a country that has not ratified the torture conventions on refugees”. No further explanation. But this is just wrong because Malaysia is a country that holds to the rule of law and has internal laws prohibiting torture as do all civilised countries. To imply that Malaysia would not treat refugees in accordance with international law is itself a “human rights offence” and perhaps unintentional “racial vilification” of Malaysians! Pillay also said that she found Australia’s mandatory detention laws “extremely distressing”.

Please explain, you may say. And she did, in a fashion: “I’ve come here with a clear message that these people have come here for a reason. They’ve run away from conflict and that is why they have taken such risks to get here”.
Think about this, logically. How can she know that? Has she examined every single case and looked at all the evidence? Of course not, it’s simply unjustified assertion on her part. Further, merely running away from conflict is not a defining attribute of a refugee under the UN refugee convention; refugees are people who are displaced and have a well-grounded fear of persecution if returned to their homeland. If running from conflict was all that was needed, most of the world would be refugee material.  

THE HUMAN RIGHTS MYTH

Philosopher Alasdair MacIntyre in "After Virtue: A Study in Moral Theory" (1981) said of human rights that “there are no such rights and belief in them is one with belief in witches and unicorns”. This quote is used by a brilliant barrister, Peter Quinlan SC in his critical paper “On Witches and Unicorns, Part 1”, Brief, vol. 38, May, 2011.
Quinlan, beginning with the National Human Rights Consultation Report, questions whether the creation of a “human rights culture” is a good thing and whether such a culture is a “just culture”. I cannot summarise the complex argument here, beyond noting that a “human rights culture” is highly problematic as a purported foundation of a legal system and that it is arguable that law and justice comes first, and ethical concepts such as “rights” are derivative.

Further, most rights are in conflict with each other at some point, as MacIntyre has observed: “Words like ‘I have the right…’ or ‘you have no right to…’ evoke a latent war and awaken the spirit of contention. To place the notion of rights at the centre of social conflicts is to inhibit any possible impulse of charity on both sides. Relying almost exclusively on this notion, it becomes impossible to keep one’s eyes on the real problem.”
Returning to the asylum seeker issue, it is draining the concept of human rights of all meaning to suppose that all asylum seekers are genuine refugees.  

GOODBYE “SKILLED” MIGRANTS

by James Reed
The chattering class at their university outposts are disturbed about overseas students going to Canada, Britain and the US. Alison Owen, “Losing on Long-Term Skilled Migration”, The Australian, April 6, 2011, p.33, is one article which makes clear the relationship between Australia’s international student education export system (once known as “universities”) and skilled migration.
The article laments various amendments to the skilled migration program (such as a requirement of English proficiency from “competent” to “very good”) which have made it “more difficult and less attractive for international graduates of Australian universities to become skilled residents of this country”.

Here, I am not interested in these changes but welcome them and hope that more international graduates go home and even more never come here in the first place. However, note well that today the link between international students and migration is clear. Australia makes these students pay for their degree, then poaches them from Asian countries. How is that for business ethics! It is now openly admitted that the international student education market is just part of the immigration program - and it too needs to end.  

REDS ON THE BENCH

by Ian Wilson LL.B.
We should not be surprised to learn that Fabian Socialist and globalist H.V. Evatt, when minister for external affairs in the late 1940s knew about and turned a blind eye to alleged Soviet agents in his office, (“Talk of Soviet Sympathies Puts Focus on Political Ties” The Australian 13 May 2011, p.34) yet nobody accuses him of treason, or at least no Establishment Chatterers.

Evatt was a Labor member of the NSW parliament from 1925 to 1930, a justice of the High Court of Australia from 1930 to 1940. And a member of the House of Representatives from 1940 to 1960. And Elliott Johnston QC, resigned from the Communist Party of Australia on his appointment to the Supreme Court of Australia in 1983, and at the age of 92, is still a communist! And so it goes on….

I view with some amusement that sector of the “Freedom Movement” who thinks that our legal system is somehow “above politics”; as if God’s representatives were sitting hearing the cases. I for one do not share that faith in “The Law”.  

NEVER GIVE UP? THE STORY OF DOUGLAS PRASHER

by Chris Knight
An interesting article appeared in the popular science magazine, Discover (April, 2011), “The Fall and Rise of Douglas Prasher”.
Douglas Prasher works for a Toyota car dealership in Huntsville, Alabama. Once he was a research scientist. He had been involved in research on green fluorescent proteins.
Today such research has led to technologies allowing the inner workings of cells to be viewed. Prasher did early work here, cloning the gene for green fluorescent proteins. But in a hard luck story with lack of research funds and networks, he couldn’t carry through the research. He himself lacked the “I’ll do it anyway attitude” being an institutional support type person. Thus another, funded, team carried the research forward, ultimately winning a Nobel Prize.

Prasher had meanwhile left science and joined the Toyota car dealership. He had to support his family and did the right thing. It’s a sad story in a way. It is easy to say that one should “never give up” and in many pursuits one can indeed do this, hanging on. Someone striving to be a critic of say, the University, doesn’t need university resources to do it. But modern biological science can’t be done from your garage. Prasher perhaps could have tried harder to get a new research position but these are not easy to get.

Overall he did the best he could to support his family and paid the price with a loss of fame and fortune. No matter, he did the best he could and a man can do no more. His story is still inspirational. And it seems Prasher ultimately got himself another science job, leaving Toyota car yard, the people having a special place in his scientific heart.  

AUSTRALIA: CHINA’S MINERAL “BITCH”

by John Steele
China is charging towards “being the world’s largest economy” and ex-PM Kev Rudd is there in China, seizing “leadership of Australia’s $100 billion commercial relationship with China, exhorting Australian businesses outside the resources sector to step up to the next stage of growth”. (The Australian, May 23, 2011, p.4) Yes, so much for Mr Climate Change and the climate crisis. The bottom line is business, growth and Asian, Asian, Asian money.
Likewise Craig Emerson, Minister for Trade (The Australian, May 23, 2011, p.14) criticises Abbott’s lukewarm criticism that our “made in China” surplus is not “fair dinkum”. For Emerson, without the “hard reform slog” we would have had tariffs and manufactured clothes and been the “poor White trash of Asia”. The China boom is a miracle, fantastic etc. etc. Asia is a miracle, fantastic etc. etc.

Now I ask; what happens to Australia when the Chinese bubble bursts? What happens when Australia is just a big hole in the ground with no more minerals to flog off to our masters? What happens when there is no more mining boom, when we have sold off our farm land, when we have no industrial base? How will order prevail in this rich and diverse multimultimulti-cultural/racial land? Won’t Lee Kwan Yew then be wrong about us being the “poor White trash of Asia” – for won’t “we” be then the “poor non-White trash of Asia”.

(The articles’ title is an allusion to prison culture talk and is appropriate because we are set to transform this land which once was “Australia” into some sort of hellish prison house).  

IMPORTANT DATES FOR YOUR DIARY

The South Australian State Weekend will be held on 13th and 14th of August 2011.
We are delighted that the Chair of the Social Credit Secretariat Dr. Frances Hutchinson has agreed to participate in the two days of the State Weekend.
This will be a major event, do make the effort to get to it. Further details will be published as they come to hand. Remember 13th and 14th August. The Public Schools’ Club has been booked for the two days.

The National Weekend: The Annual New Times Dinner will be held on the Friday 23 September and National Seminar 24th of September. Place the dates for the full weekend in your diary NOW.
Confirmed guest speaker will be Pastor Chris Field. Pastor Field was evicted from his home, not because he was behind in his mortgage payments but because he wanted to know who received his payments. In other words, he wanted to know who held the legal deeds to the property and mortgage. Another case of MERS, but this time here in Australia?