Roger Weidner - Chapter 13: ACTIVISTS, MAKE YOUR RECORD IN COURT
Bob Hurt
I have appended below Chapter 13 of ex-Oregon-prosecutor and court activist Roger Weidner’s “Method.” I particularly like this chapter because he tells you PRECISELY the purpose of court within the context of justly ruling between adversaries. He also gives a little financial history.
I have also appended the Weidner Method summary below. Yes, I know I could just send you to the web page, but it might disappear and I wanted to “make record” in the Lawmen archives.
Get the whole book here: http://www.tulanelink.com/stories/weidner_02a.htm
When Attorneys Fight Judicial Corruption
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Roger Weidner is a former attorney and public prosecutor who battled pervasive corruption in the Oregon court system for 12 years as he struggled to return the now-valued $100 million Kettleberg estate to its rightful beneficiary after it had been wrongly seized by an unscrupulous but well-connected attorney. For his efforts, Weidner was repeatedly arrested, imprisoned, confined to an insane asylum, and finally disbarred. His story, as told to H. Hammond, testifies to how the judiciary has usurped the law for its own purposes and replaced constitutional guarantees with a system in which judges rule by decree. It exemplifies the failure of meaningful accountability within the judicial branch. |
THE WEIDNER METHOD
H. Hammond
To everyone who has the courage to go into the courtroom and fight for what is right and good and true and honorable, this book is dedicated.
"Oh, you're gonna fight 'em, eh
Roger?
This oughta be interesting." --
Judge Charles "Chuck" Guinasso
CHAPTER 13
Remember, all that a courtroom is, it's a place to make a public record. When you come in and you're sworn in as a witness, you take an oath to tell the truth, the whole truth, and nothing but the truth. If you lie that's perjury and punishable by a prison sentence. It's a class C felony. What I've come to find out is that in our system this is the time spoken of in the Bible where right is wrong and wrong is right. You come into the courtroom and you raise your hand and take an oath to tell the truth. But if you actually try to tell the truth you are arrested and jailed and ultimately thrown in the insane asylum, as I was, subjected to incredible abuse, as I was, to discredit you personally, but not to challenge you legally, which is what they should do. Not a word I've said over the last 12 years about this corruption has anyone challenged. But the method that we've set up is to file a complaint-that gives you standing-and come into the courtroom with this large body of people. Once you file a complaint you are a party. A party always has a right to speak. If you hire an attorney the judge will say you can't speak, only your attorney can speak. This is the reason we tell people not to hire attorneys. You cannot do that if you want to prevail. The attorney is a part of the system and he will gag you so that the full story does not come out. And if the full story does not come out you don't have a complete case made in that courtroom. You come into that courtroom, having filed your complaint pro se, you make your record of all these criminal charges then put that story in the paper and spread it as widely as you can to expose them. We've been doing this over and over again for the last 10 years.
When you file that complaint in an adversary system, you are making a charge against someone. You ran into me. You injured me. You said something that was false about me. You libeled me. You engaged in unfair competition in which the statute says you cannot engage. You came up and you punched me in the nose. The common law includes what they call a Cause of Action. You have a right to be compensated by someone who injures you. If they do it negligently you're entitled to compensation. If they do it intentionally you're entitled to punitive damages. The Cause of Action gives a person the right to sue, to seek recovery for the injury he's suffered. The injury gives rise to the Cause of Action.
Now, if you have a Cause of Action against someone, there are certain facts that you have to prove supporting that Cause of Action. You say one set of facts are so and the other side says a separate set. What's happened in our system is they've put in all these rules, the Uniform Trial Court Rules, and all these different restrictions and statutes of limitation that cut off and limit your rights. If you don't bring that action within 2 years you can't bring it because of the Statute of Limitations. When the injury is inflicted you have then this Cause of Action and you say one set of facts are so and the other side disputes it. We have an adversary system. You call your witnesses to put on your case and the other side has the right to cross-examine your witnesses to show that what they're saying is false. And the judge's function is simply that of a referee. If I'm the witness I'm speaking.
"...and Harry told me that John was a jerk and he did all this before."
"Objection!" says the other side.
"What's the basis of the objection?" says the judge.
"Hearsay."
"Sustained." Then the witness says this.
"...and I was someplace and the woman said that they saw him molesting a little girl..." but the case is whether or not he ran into you.
"Objection!" the other side says.
"Basis?"
"Hearsay." Well it's not hearsay because it's not offered to prove the truthfulness of something. It's just offered to prove that some event occurred. So there are all these rules of evidence and the judge is there to see that these rules of evidence are applied and that each side gets a fair hearing.
All cases have some publication that publishes them. There is the Federal Reporter now, and in Oregon we have the Oregon Reporter and the Court of Appeals Reporter. You can get what they call horn books on evidence. I've got an evidence textbook that talks about hearsay and exceptions to the hearsay rule and these different factors. But that, to me, is something that is beneficial if you know it. But you only have a limited amount of energy and you have to maximize the return on the investment of that energy. What I have found is the most efficient and the most efficacious is the presence in the courtroom of large groups of people and the talking in the courtroom, and in the lobby, about the corruption in the system. My suggestion to people, who want to do something is to work together, to tie together these different groups.
You may read some law book with information pertaining to your case but you don't understand fully all the intricacies of the law, the ins and outs and how treacherous people can be, because you don't know the rules. In the pit of your stomach you know that you don't know it that well. And that is something that you cannot acquire, you can't read it in a book. Any proposition that you put forward in a courtroom the other side will have a contrary proposition. It's not an exact science. There are so many variables in the equation that talk about the legislative intent, what they meant and what rules apply, what rules of evidence. It's like walking on all of these spinning wheels as you're trying to go through the process. If you keep your head down and are trying to read a book while you are doing it you're going to get slammed. Step back and say to yourself.
"This process is corrupted. The laws are there for the protection of the people but the individuals that are in those positions of authority are corrupted." Instead of affording the citizens the protection that the Constitution guarantees to them, they are ignoring it, and they are giving their own interpretation to these statutes which, in most cases, are unconstitutional statutes. They are ignoring the unconstitutionality of them because the judge is ignoring the unconstitutionality of them. Federal judges are put in there as a political appointees by the president. They are appointed for life. You can't run against a federal judge. If you run against a state judge, appointed by the governor, then the system turns against you. It's a closed shop. That's one of the reasons we were pushing so hard to create this Oregon Judicial Council, which would be a group of 10 elected lay people, 2 from each congressional district, to oversee the disciplining of attorneys and judges. It would be an independent agency so that when people are being put upon in these court systems, in these corrupt courts, they can go in and talk about the corruption-not the merits of their own particular case, but the process-to a body that has control over these judges and attorneys. The process of enforcing the law has been corrupted. It's been turned upside down, on its head. That's the reality of what's going on now.
Once you learn the basic concept about equal protection, due process of law, you read the Constitution and some of those early cases-Marbury vs. Madison-(you can go to the law library, look that case up and it will give a site where that case was reported) and if you read the patriot literature, there is enough existing information out there now to give you a basic understanding of what your rights are. Speech, arms, unreasonable search and seizure, all these rights are limitations on government, the Constitution being a limitation on government action. People say the following.
"Oh, well the Constitution doesn't matter any more." When people say that it incenses me. When you have that attitude you are saying your rights don't matter any more! You cease to be a sovereign citizen and once again become a subject. But you become a subject of the International Monetary Fund (IMF). And you become very exploitable and expendable, at their discretion, not yours. Our whole system is based on this concept of the dignity of the citizen, that the government is there to serve the people and to protect the general public. If a guy is a rapist, a murderer, an arsonist, if he's out there causing great injury to people, he's got to be put away.
But what they are doing, they're creating victimless crimes and they're saying to the police, '...oh, you don't have to use due process any more...oh, you don't have to have probable cause. You can go and stop anyone any time you want to...' and when you have that set-up, and you have a corrupt court system that supports the police no matter what they do, the court ceases to be the arbiter where a person can come in and question the police officer.
All a police officer has the authority to do is to cite you for something that you have violated, investigate it and testify in court about what his investigation shows. If a police officer stops you, if you've committed a traffic crime, or a traffic offense, he can stop you and determine who you are but I tell people, 'You question him first.'
"Do you suspect that I've done something wrong? Why did you stop me?" when he walks up. You ask the questions and he has to answer you. Usually they will tell you that you did this or that. Then they will ask you for your driver's license, your proof of insurance, this kind of thing. There are questions about whether or not they have the right to do that, but they do it. A lot of these patriots and common law enthusiasts give advice. 'Oh, don't do this if the officer does that.' and maybe, technically, they are right. But he will arrest you and take you to jail.
Police officers are peace officers. They have a duty to maintain order. If they see a crime in progress they have a duty to stop it, make a report and appear in court to testify if called upon. To maintain the peace is their primary responsibility. But they have shifted out of that and are being conditioned and trained to intimidate the public. They have become law enforcement paramilitary types where they're coming and kicking in doors for no reason at all. The whole system is breaking down.
Even though I used to be a prosecutor and worked in traffic citations, I didn't realize how fragile the basis is upon which the police are exercising their authority. The laws that speak about licenses being required-only if you are engaged in commerce, if you're a commercial hauler, do you have to have a license. This is what the statutes actually say. I didn't realize that. People have the right to travel freely on the highways. There has been a big commotion and a lot of activity over those issues but to me they are collateral issues and divert the attention away from the real core problem with which we are all plagued now and that is the total corruption of the judicial process.
I went to my 45-year class reunion. Virtually 95% of those classmates just want to sit around and talk about their golf game or something like that. It is this mindlessness. People have lost their ability to sense danger, just like a cocker spaniel dog in a house. You take that cocker spaniel dog and throw it out in the wild and it will be devoured. People have been so busy out playing, having a good time, acquiring their fortunes-you're acquiring them in a chicken coop people! You're all in a chicken coop! Some of you have more meat and feathers and fluff than others do, but you're in a chicken coop. If they want it, they grab you, jerk you into that system, FWUMPH!! You just implode. And to get that through people's heads-it's just mind-boggling to me that it's taken this long.
People have become so domesticated. A jack rabbit or a deer runs out of danger, as does any kind of wild animal. You domesticate it and it loses it's sense of danger. Someone is feeding it and caring for it. When you domesticate a human he becomes dependent upon being fed and cared for. He loses his sense of danger.
I saw that contrast between my father here in Portland and my grandfather and uncles up in Montana. They're always alert to their spread. If any activity is threatening their property they're like a bunch of prairie dogs. Heads up, and they're looking at it. If there is a danger they come together and they take down the common danger. What's happened in our system is that the common danger is the government.
The government is simply bankrupt front organizations for the world bankers. We have been in bankruptcy since 1932, this country and every organization in it. All these government employees are just employees of the judgment debtor of the United States. We are assets. We are considered property. All of our lands have been pledged as collateral and we've already lost all that because we couldn't pay the debt. We couldn't pay the debt because of the interest on it. The bankers own that collateral now so they can do anything they want to with that land. But they don't come out and say that.
"We'll run this thru congress," they say, and our parks are turned into biospheres, off limits to the public.
The whole activity of the debtor is simply to pay the interest that is owed to the creditor. When someone goes into bankruptcy, a chapter 7, he goes into a reorganization. A creditors' committee is set up. The creditors' committee allows him to continue but it dictates the policy. Every member of the United Nations is a judgment debtor in bankruptcy or reorganization. The countries of the world are all in bankruptcy or in a reorganization of their debt. Everything in our country has been borrowed against by our government and is owed to the world bankers now. They own us. This is as criminal as criminal can be but it's what is in place.
As a historian I tell people the history of civilization is not the history of equality and sovereign citizens. It's the history of master and slave.
Thousands of years ago there was a drastic change in the climate. Before that people lived nomadically like native American tribes lived here, nomadic people that followed the livestock. Tribal instincts and tribal cultures have existed for thousands of years. That has been the predominant way of life. It still exists today in places like Afghanistan. That is a tribal culture. Just as lion herds follow the livestock the human tribes did also and they had to stay tribally together in order to survive. Since the time of the ancient pharoahs, since the time of Sumer, people stopped being nomadic and roaming. They settled and planted. When that climatic change occurred people started growing crops at the base of the Tigris and Euphrates Rivers-what is now Kuwait-and in Egypt. The separation of classes of people developed and the division of labor. That is where civilization began about 5000 years ago.
Early on in Sumer and Ur, Babylon, which was near where Baghdad is today, was an outpost, a trading center much like Fort Collins was a trading center for New York. There was the fort in Detroit. Then one out in Kansas. The forts were there to protect the commercial activity from the hostile tribes around it.
The ancient cities had some place where they mined, gold usually, and they had commercial activity. So they set up a town, an outpost. Babylon became the first sophisticated commercial center. It drew people into it to perform the different functions that need to be performed and in turn became powerful in its own right, a child of the parent.
That child will turn and devour its parent. It will go back as a military power because it forgets where it came from. It has no memory. It will go back and conquer because that is the instinct of men who are power-driven to conquer, to control. You see this from the time of Sumer to Ur to Babylon.
There was a bartering system that went on as a medium of exchange. At the time of Babylon people began taking their gold and precious metals, depositing them, getting receipts and then trading with those receipts. That's when commercial paper money came into existence. There was a priesthood-money priests-who manipulated that money. Trade would come up through the fertile crescent, the area between the Mediterranean Sea and the Euphrates River, then down through Jerusalem to Egypt. When Abraham left Ur 4000 years ago commercial civilization was already in existence.
A commercial civilization soon structures a system of a very few at the top controlling everyone. That rich money class becomes very indulged, very decadent, very depraved ultimately and the structure of the society breaks down so there is no cohesion, no family sense, no protecting of the children and the elderly, just a general exploitation of everyone. Abraham left to go back into the wilderness and restore that human-caring kind of profile. He had to go back into nature to do it because the characteristic of commerce has always been ruthlessness. It's always driven by profit. Because it produces wealth it needs protection from the nomadic tribes on the outskirts always looking in to raid and carry off those riches. They are drawn to the easy lifestyle and the luxury.
Nineveh was the capital of Syria. It became the predominant power. The wall around Nineveh, about 16 miles long, was so wide 2 teams of horses could run abreast around the top of it. That wall was high also because, just as a farmer puts wire around his chicken coop, if something is created that's attractive the wolves are going to come down and snatch it. That is the history of civilization. People had to build walls of protection because inevitably they were going to be attacked. Jerusalem was a walled city. Virtually every city was. And even when you talk about Wall Street, that was where they built the wall to protect themselves from the Indians right down there on the end of Manhattan island. They had this little enclave there, Peter Stuyvesant, New Amsterdam, and the wall went across the tip of Manhattan island to protect them, so they called it Wall Street.
Egypt colonized Athens. The Egyptians were a sophisticated culture and they soon drove the native tribes out of the area which became Athens. Then those tribal people were brought back in as soldiers. They became indigenous and involved in the culture themselves and soon they too became corrupt and decadent. So, it's an ever continuing cycle.
The early trade routes went from Sumer to Egypt through Jerusalem. In that society there were those who worked with their hands producing something tangible and those who were working for the money manipulators performing some administrative, regulating function. That was the dynamic that has always been. The military protected that economic entity. But it was always controlled by the people that had the money. The serfs were simply there to serve the needs of the money people. That's what went on in the far east and that's why Abraham left Ur. It became decadent.
On the eastern Mediterannean were Tyre and Biblos, which is Beirut. These were commercial centers, very sophisticated commercial entities. The epics of Homer were about this upheaval that occurred about 1000, 1200 BC. Cyrus overran and basically created the Persian Empire. For 200 years his progeny, and the progeny of those he conquered, gradually degenerated. Decadence set in. They were very effeminate men going around with earrings, looking like they do in downtown Portland today. These warring bands were drawn to that commercial enterprise and they overran it because it was decaying. Of course, after they overran it they didn't go back home to their rustic lifestyles. They stayed and became a part of that culture themselves and they in turn, and their children and grandchildren, become as decadent as those they overran. So, that's the cycle that goes on and you see that about every 200 years.
The people of Greece, this rustic people, overran Beirut and, at that time, Cyprus was a commercial center. The people of Greece were a very robust warlike people, much like the Norseman who, 1500 years later, overran all of Europe. After the Greeks fought the Persians they got in the Peloponnesian Wars, fighting each other. So, Phillip from Macedonia came down and conquered all the Greeks. He was assassinated when he was about 58-years-old, leaving a son, Alexander, who was 20 and had this enormous 50,000 man army that was trained to the teeth. He had tremendous generals. Alexander the Great went back and conquered all that Cyrus had founded. He went way over into India, conquered all the Mediterannean and was the first person to conquer the known world.
In the days of Alexander the Great the known world was the Mediterannean basin. It was all fused around there from Athens to Constantinople to Tyre, to Carthage. That's where all commercial enterprise of the world developed. The reason it did is because they could ship by large commercial vessels, much more convenient than horse or camel caravans. But they were restricted without compasses. They had to go along the coastlines to wherever they went. For 2500 years, from the time of Homer up until the time of Christopher Columbus, trade was restricted to coastal trade routes.
In modern Rome or Tyre, a person that was born then could be brought to the year 1800 and he could get by. There was that level of sophistication. They had chemistry, they had medical doctors, they had diagnosis, they had all of these. They were very knowledgeable in a lot of the medical sciences, mining, and engineering. Tremendous feats of engineering were performed long before hydraulics came to be.
The Romans had large grain ships and would go down into Egypt, their bread basket. Caesar had world rule and all this pageantry and power until the Roman empire fell. Rome was overrun and the Roman culture shifted to what was then Byzantium. The last emperor died in the Byzantine empire. Byzantium, the Istanbul of today, became Constantinople, named for king Constantine about 350 AD. That's when Christianity became a state religion but it incorporated much of the pagan ritual. What they call the Greek Orthodox church today comes out of that pagan ritual. The Byzantine Empire started falling apart when Mohammed came along in about 600 AD. He cut huge swaths into that. Then warlike tribes came out of central and eastern Europe, the Gauls, Visigoths, and Ostrogoths, and overran these commercial centers. They say there were tens of thousands of miles of roads, high grade highways, built by Romans up until 300, 400 AD and then for the next 1000 years there wasn't a single mile of road built. It reverted back to a more primitive culture, the onset of the Middle Ages.
The Ashkenazis, of which Milton Brown is a senior, were Khazar tribal people like Attila the Hun. They looted India, they looted China, that was where their great wealth came from and it became the basis of their banking system. They interacted with each other and they had a system almost like a guild. They spread out and monopolized, ultimately, every market that they entered. They drove out other banks that tried to compete with them, by cutting profits.
The cities were always commercial oligarchies, like Venice. They had the doge, who was the chief magistrate in the old republics of Venice and Genoa. The political structure was much like it is today in New York or London.
If you say to me, 'Tell me 8 or 10 people that run this city,' well, I can go to Rockefeller Center and probably point out 3 or 4 of them. 'That one does,' I can say as I walk by their doors. I can go over to London, I can walk by N.M. Rothschild's and point to that door. 'Well, what interest are they promoting? Are they there promoting the general well-being of the people?' No, they are not. They are promoting the well-being of themselves and their financial institutions.
The commercial cities such as Amsterdam had a group of burghers who ran them. They were self-sufficient economic entities. Their legal system must have been some variant of what we have today; a sitting judge, solicitors, who do the legal work and barristers, who specialize in going before the Bar. It was a Maritime situation, commercial law. Always the economics dictate the kind of government you produce.
THE WEIDNER METHOD
A Summary of Techniques and Tactics
- Request
permission to videotape the proceedings.
- Use the
Freedom Of Information Act to get your records. Anything with your name or
your child's name on it belongs to you.
- Bring crowds
into the courtroom, the bigger the better.
- Speak to the
crowd in the corridor and focus its attention. This also intimidates the
guards. Tell your supporters that, when the judge tries to shut you down,
they should all say together: "Let him speak! Let him speak!"
Remind everyone to pay attention in the courtroom. When they pay
attention, the guards back off. When they become distracted, the guards
move in.
- Speak to the
guards and police officers standing around. "You guards know what's going
on. These judges, attorneys and state agents are kidnapping these
children, rigging elections...," or whatever else your case is about.
- Do not rise
for the judge if you know he is corrupt. Remain seated when he enters if
you want to show that you know he is corrupt.
- Bring
binoculars or opera glasses into the courtroom and aim them at the
officers of the court for closer scrutiny. It intimidates them.
- Mentally
discipline yourself to not think or react emotionally.
- Make the
record in the courtroom.
- Stand up
together as a group when the guards enter in a threatening manner. If the
guards are threatening, get their names.
- Even if you
lose, you win, because you are exposing their corruption. Exposure of
corruption and the wrath of the public are two things that they fear.
- The worse
that it is in the courtroom, the better, because when the story gets into
the paper, the people will find out how horrible it was.
- Publish the
stories in the newspaper and in any other form of media possible.
- Spread those
papers around to every state office, every judge, attorney and government
employee and the surrounding community to frighten the public officials
and heighten public awareness. Don't forget the police and the courthouse
guards.
- Get your
tapes of the proceedings from the clerk right away, before you leave the
courtroom, so they won't be edited.
- Every time a
judge dismisses a case and you appeal it, file compulsory process in the
Supreme Court and add his name to your racketeering complaint.
- Issue as many
subpoenas as possible, and as often as possible. It makes them nervous.
- Confront and
loudly point out the crooks wherever and whenever you see them.
- Do not hire
an attorney. Be your own lawyer.
- Realize you
may go to jail.
- Don't give
up. Be prepared for a long struggle. Once you begin, you must keep up the
pressure.
- In brief,
file a complaint, put it in the newspaper, go into court and make the record,
prepare an affidavit, wait the 30 days, then come into the court and move
for Summary Judgment.
- For
additional helpful strategies, consult Pamela Gaston's book, Counterfeit Reality, which
is available through her Web site (http://www.avoiceforchildren.com).
- Network with
others by joining a judicial reform group such as JAIL4Judges (http://www.jail4judges.org),
which is dedicated to restoring judicial accountability across the country.
- Inform yourself about the law and your legal options from such groups as the Erwin Rommel School of Law (http://www.members.aol.com/rommellaw), Right Way L.A.W. (http://www.rightwaylaw.org), and the American Pro Se Association (http://www.legalhelp.org). Individual attorneys (http://www.jurisdictionary.com and http://www.citizensjustice.com) and several organizations (http://www.nolo.com, http://www.halt.org/articles/3/33.php, http://www.redressinc.org/ProSeInformation.html, and http://groups.yahoo.com/group/Legal_Self_Representation/) have also developed valuable self-help Web sites.
ABOUT ROGER WEIDNER
Roger Weidner's overall goal is to restore constitutional government to the people of Oregon.
Roger is a native Oregonian, residing in
Portland, Oregon. He is a 1956 graduate of Cleveland High School in Portland.
He attended Brigham Young University in Provo, Utah in 1956-57. He joined the
army in 1957 and served in the Honor Guard Platoon of the 101st Airborne
Division until 1959. At the conclusion of his advanced Airborne infantry
training at Fort Bragg, North Carolina, he was designated one of two
outstanding trainees in his company of 250 men. Roger returned to Portland,
where he graduated in 1963 from Portland State University with a B.S. degree in
Business Administration. He went on to Lewis and Clark Law School, graduating
with a J.D. law degree in 1968. While attending college, Roger worked as a
full-time Portland City fireman.
Roger continued to work as a firefighter until 1973, when he joined the Multnomah County District Attorney's office, where he became the Director of the Consumer Fraud Department in 1975-1976. In 1976, Mr. Weidner went into the private practice of law.
Roger became aware in 1990 of the widespread corruption in the Oregon court system, specifically involving the Donald Kettleberg estate case. Since 1988, Mr. Weidner has been engaged full-time in fighting the corruption and judicial abuse that is having such a devastating impact on so many innocent people across the state of Oregon.
Roger Weidner is single and the father of three grown children: Michael, Paul and Stephanie. He is the son of former Portland deputy Fire Chief Leo Weidner and his wife, Frances. Roger has three brothers: Leo, Bruce and Stephen. He is Vice-President of Oregon Judicial Watch, a state-wide non-partisan citizens' court-watch group, and is Lt. JAILer-In-Chief of the Oregon chapter of JAIL4Judges (Judicial Accountability Initiative Law), a non-partisan group committed to restoring judicial accountability across the country. Roger is also a student of history.
For the past ten years, Roger has been travelling around the state assisting people who have been wrongfully injured by corruption in the Oregon court system. He has developed a broadly-based grassroots support organization.
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