14
07/10
Free Speech Isn’t Free; Bloggers and Message Boards Could be Silenced Overnight (Updated)
by John Galt
July 14, 2010
Thanks to Barry Ritholz’s The Big Picture blog for this heads up on the story about ML Implode.com.
Article I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
from ConstitutionUS.com.
Of course there is also in very, very small print a portion added some time after 1913.
Article I, Subsection 132g
Lawyers for any financial institution, including those employed by or representing the Primary Dealers of the Federal Reserve and/or favorites of the political elites, with the ability to contribute significant amounts of money or other benefits to the political coffers of any member of the judiciary system, political parties, and/or their relatives shall have rights which are deemed supreme to and shall supersede Article I as originally ratified.
I was not aware of this particular section of the United States Constitution until I was made aware of the ongoing saga of ML-Implode.com, one of my favorite blogs who originated the news stories about fraudulent mortgage lenders, collapsed mortgage lenders, and of course led the way with many of the stories about the destruction of the housing industry via creative financing and the crisis which followed. ML-Implode has been sued and sued and sued at the behest of some of these “lenders” and other financiers thus the story today from their blog should send a shiver down the spine of every American who values the alternative press and free speech:
In Bizarre Ruling, Maryland Court Denies ML-Implode.com Anti-SLAPP Motion Against Downpayment LaundererIn what is sure to go down in free speech history as a gross error, if not a blatant miscarriage of justice, ML-Implode.com has been denied its motion for anti-SLAPP dismissal in the Maryland lawsuit, Russell vs. Krowne (et al.) (a-k-a Global Direct Sales and The Penobscot Indian Tribe vs. Implode-Explode Heavy Industries, Inc./ML-Implode.com).
That’s right. A lawsuit against a blogger who had what appears to be pretty darned good about documenting the facts before publishing any story, will be allowed to proceed not to prove or disprove the facts behind the case, but to insure the “operation” in question continues and the voices that pointed out this “operation” and the activities in question are silenced forever. Will the ACLU take up the cause? I think it is doubtful because the ACLU rarely involves itself in cases which might damage their ability to raise money from contributors or challenge the current political party’s power which they blatantly favor.
This is not the first case nor incident of a problem like this and the attempts by powerful political and financial interests to silence dissent on the web and to destroy the lives of the parties involved, regardless of the facts. Mike Morgan, an extremely well respected financial commentator and blogger leading up to the collapse in 2008-2009 created a website called “GoldmanSachs666.com” and was doing nothing more than publishing links to stories and analysis from the mainstream media about the activities of the banking giant (which just so happens to be the largest Primary Dealer of the Fed and shareholder within the Federal Reserve “reportedly”). The website’s mission statement tells you the perspective he has approached the subject from since day 1:
This website has NOT been approved by Goldman Sachs. This website is about Goldman Sachs to demonstrate how destructive they are to our lives and the hopes and dreams of our children. -Mike Morgan
Needless to say he received numerous threatening pieces of correspondence about the subject matter he was posting which generated an interesting letter which can be viewed in this thread on the website:
Goldman Sachs v. Mike Morgan
Thankfully they backed down but not until creating a huge amount of stress in his life and sending the first of many chills throughout the blogosphere.
Why is this information on these two stories so chilling to the concept of free speech and blogging? The new method of silencing political opposition or shining the light of truth on questionable behavior in the private sector, aka, doing the job the mainstream media won’t do, is to file frivolous lawsuits to bankrupt the blogger or website thus obliterating the ability for investigative reporting or alternative news to be seen by the public.
Prepare for an onslaught my fellow bloggers, as the pending death of ML-Implode is just the beginning. The FCC’s new regulatory oversight authority over the internet thanks to Cass Sunstein and the willingness of leftist allies who claim to support civil liberties to turn a blind eye will silence us sooner rather than later. This will lead to the death of freedom in our nation as the cockroaches will be able to operate in the dark, finishing the job started in the 1890′s by the Progressives in Wisconsin of re-writing and selectively editing the Constitution to fit into their twisted worldview.
Godspeed ML-Implode.
************* Updated 1415 UTC 7/14 ************
Check this related story out also. The lawsuits are flying gang and we will be silenced, either via financial terrorism or government “iron boots” on our throats:
Starcade
14.07.10
15:39
You’re presuming that (in truth, not just in writing) we ever had those rights in the first place.
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14.07.10
17:34
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Jay
14.07.10
17:40
STARCADE, the fact is that you only have freedom of speech to the degree that those around you are willing to tolerate you. Very few people are willing to tolerate a message that they have not heard before if it upsets their apple cart. Many of the prophets of the old testament were killed because they brought a message of repentance to a people who thought that they were otherwise free. That’s why it is important to preach the Truth of Gods Word, the Bible while we still can and without watering it down.
There are none so enslaved as those who falsely believe that they are free. All it takes for the constitution to be annulled and voided is for a judge to say that it doesn’t mean what it says or to say that he doesn’t have the authority to overturn the ruling of a higher court. We have seen this first hand with the second amendment. While it is happening, the majority of the people will be at a sporting event and not paying attention until their home is taken from them and they are carted off to prison camp.
sade
14.07.10
19:18
But the Second Circuit just ruled that we can curse on t.v. again….
See this: The jig is up. Get on a proxy server quickly so “your blog” cannot be properly served. Scare tactics must be able to be carried out…..hide in plain sight and it makes it all the more difficult.
Dear Jim,
Allow me to chime in here and bolster your comments to CIGA Arlen.
First and foremost, what your readers need to understand is that no one who has a loan secured by a mortgage on his home is safe. Mortgage servicing companies, including Wells Fargo Bank, CitiBank, JPMorgan Chase, and Bank of America, etc. control everything. This is why, as banks, mortgage companies, and hedge funds began to fold, beginning with the Mortgage Meltdown in 2007, the acquisition of mortgage servicing rights was the name of the game.
Regardless of whether Fannie Mae, Freddie Mac or a securitized Trust Fund purportedly “owns” your loan, the Servicer controls your destiny. Back in 1995, I first started seeing Servicers manufacture a default on a current loan and institute a foreclosure action even though the consumer had made every payment on time. Once this process begins, it is virtually impossible for the consumer to straighten out the problem and get back on track. This is because the Servicer’s policies, procedures and technologies are set up to automatically trigger a series of unstoppable events once there is the slightest deviation e.g., an increase in your interest rate on an Adjustable Rate Note, an increase in escrow items, a late payment, or bankruptcy.
Through the mortgage auditing work that I have been doing since 1991, and particularly with all of the expert report writing I have been doing over the past two years analyzing the securitization of these residential mortgage transactions, I can tell you with certainty that even though the noise has quieted down since the bailout, the house of cards is crashing down at lightning speed.
I subscribe to the Bloomberg Terminal to research whether or not my client’s loan is in a particular securitization trust which is tremendously helpful. For example, an attorney I am working closely with here in Massachusetts has a client who was facing a foreclosure sale date of July 15th. The foreclosing entity was Deutsche Bank National Trust Company as Trustee of the IndyMac INDA 2005-AR1 Mortgage Loan Trust-AR1. Using Bloomberg, I was able to establish that the loan in question is not being tracked as an asset of the Trust. I wrote an expert report laying out the fraud; the foreclosure was canceled; and now the foreclosing law firm is begging the attorney I am working for not to sue them.
There is so much fraud throughout the system that it is unimaginable. We are now living in a criminal culture where the Banksters are running the show with impunity. Virtually every subprime securitization I have audited is suffering default rates between 20% to 57% of the entire portfolio. Each of these securitizations is a Ponzi scheme. There was never going to be enough money in the system to return the investors’ principal. Those in the know (spell that SERVICERS) knew these loans were designed to fail and purchased credit default swaps and other derivatives to short the deals.
This is why Jim says to Arlen below:
2. Yesterday, I sent you a list of the bailouts on which a major mortgage service company received one billion dollars.
3. If the servicer was simply a mortgage service company middle man how did it lose so much money as to need a one billion dollar bailout.
The only credible explanation as to why Deutsche Bank (a Trustee for 1900 securitization Trusts) and mortgage Servicing companies such as those Jim refers to would be receiving bailouts is if they were being paid on their credit default swaps.
It is clear for me to see through my use of the Bloomberg Terminal that the mortgage servicing industry is squeezing the last bit of liquidity out of the market. At these double-digit default rates, with a 50% severity loss rate, most of these Trusts will be wiped out by 2014.
In historical terms, I think of this as The Civil War, and it won’t be long before we see the Carpetbaggers and Scalawags (the debt buyers and junk-yard dogs, etc.) coming around to pick up the pieces.
I can also tell you that 90% of the foreclosures are illegal and fraudulent and could be stopped if consumers had the right analyst and attorney working together. The problem here is that the scheme has stripped homeowners of their cash, savings, and assets in the process.
Well, I could go on but I shall leave you with these thoughts to mull over.
My best advice to CIGAs: follow Jim’s advice and hunker down. Gold is the most stable repository of real wealth that civilized society has ever known. The dollars that have been created through the financialization of our economy via derivatives trading is totally unsustainable. Perception drives the market and when the world learns too late that that super-hyper-inflation of our currency will render it worthless, perhaps this madness will stop.
Kindest regards,
CIGA Marie
Marie McDonnell, CFE
Truth In Lending Audit & Recovery Services, LLC
Mortgage Fraud and Forensic Analyst
Certified Fraud Examiner
Marie.McDonnell@truthinlending.net
P.O. Box 2760, Orleans, MA 02653
Tel. (508) 255-8829 Fax (508) 255-9626
sade
14.07.10
19:21
Oh and blog under an avatar of some sort. The blogger should appeal and should talk to the many, many foreclosure defense and lawyers who are filing class actions and make such a big stink that “they” back off.
Opie
14.07.10
19:57
This is why someone who says they have a conviction about any subject as opposed to an opinion should understand the ramifications. Patriots such as Patrick Henry threw down the gauntlet, “Give me liberty…….” A conviction is something you die for. Do you have a conviction about the founding father’s intent concerning free speech? Two of the worst presidents in US history Wilson and FDR are admired by Obama (aka. Barry Soetoro). What is scary is that this administration now wants a National ID. Can anyone say, “Papers Please”.
Administrator
14.07.10
20:26
@Opie I have nothing to lose. Thus why I speak.
-JohnGaltFLA
ray
14.07.10
23:11
you so funny ha ha, thats why I keep coming back. you guys are great.
Ed
16.07.10
01:50
John, your article quotes the US Constitution, Article I, Subsection 132g. I can’t find any such section in the US Constitution nor does it come up in a search of ML-Implode.com or goldmansachs666.com. I also tried the US Code of Laws with no luck. What gives?
Administrator
16.07.10
01:54
@Ed…Subsection 132g is pure sarcasm. It is writing style I have maintained since day 1. Goldmansachs666.com is a real website however, just do a search in Google and Mike’s site will appear.
-John
Manforfreedom
16.07.10
13:41
Our way of spreading the truth is about to be scrubbed. They do not in anyway want us to speak of the crimes they are commiting or those they are about too. Speak Loudly, it may be you last time. Our enemy has the switch to cut off the mike & the net or just scrubb it away.
We must stand side by side with one united voice, the voice of “Freedom”. Lets get it together. Worry about being “BLACKLISTED”, if you are typing here or any place that is anti-American, Guys & Gals, Your on it. I am on it with great PRIDE! 1st Admendment, while it can be used. Look at a Government that passed a health care bill that stated it would not fund abortion, he looked at us and lied. If you think for one moment you can trust them, you, yourself should be removed from the gene pool.Thats is the grand plan from our rulers!
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