The Weapon Shops Of Isher

The Weapon Shops of Isher By A.E. Van Vogt is one of my all time favorite science fiction books. It tells of a shadowy organization "The Weapon Shops" designed to redress the grievances of a corrupt galactic empire.

It was brought to mind by a story Instapundit linked to about the breakdown in the mortgage market. Middle Class Anarchy. And what a story it is.

On Saturday October 9th the Earls and their attorney followed thru with their previous threats and took the law into their own hands. They hired a locksmith to break into the Mustang home. They had arranged to have t.v. news cameras filming their actions, and then proceeded to hold a press conference stating that they were within their rights and that we (Conejo Capital Partners) had somehow violated the law. All along the Simi Valley Police Department sat idle and refused to get involved no matter how much proof was offered supporting our legal rights and position. We were told that we needed to resolve it in front of a judge even though it had already been decided.
That is the "bank's" side of the story from a news report.

The story asks a very important question. Where did the lawlessness originate? The banks. And despite admitted fraud no one at the banks, or those who were contracted by the banks is being prosecuted. (Just so you know - I'm using "banks" as a sort of generic term for the money movers. Loan arrangers as it were.)

Evidently there is a problem with the law. To wit: judges unaware of the existance of the Constitution.

If the foreclosure was unlawful and initiated with "robosigned" and bogus documents then it was. The Earls apparently attempted to demand a jury trial on the facts (including these facts) and were told to go to hell. Someone hasn't read their Constitution lately - it says that for all controversies exceeding $20, you have a right to a trial by jury (7th Amendment). It doesn't say that if it's inconvenient for a bank and might expose criminal fraud for which bank officers could be imprisoned the judge can tell you to pound sand. That, standing alone, broke the chain of lawful behavior in the instant case.

This is where lawlessness leads us - to more lawlessness. Once you commit a lawless act against someone and are not punished for it you have invited them to retaliate with complete disregard for the law in their response. You are only required to deal ethically and morally with an ethical and moral entity across the table - one who ignores the law loses their right to demand that respect in return.

This mess begins with the securitization and sale of these mortgages in the first instance. It begins with whether or not the original banks actually transferred the notes at all (there's plenty of evidence they did not) and whether the representations and warranties were complied with when these securities were sold to investors (we know in many cases - if not all - they were not, from FCIC sworn testimony.)

A very hard rain is going to fall. In fact I predict 20 ton (metric) blocks of hail.

The article closes with:

We are not far away from a complete and total breakdown of lawful behavior among the population of this nation. If it happens, it will not be because of people like the Earls. While I cannot recommend a lawless response to any insult suffered by people like them I will understand what has happened and why - and who's to blame.

This has and will in the future occur because the government has refused to enforce long-standing laws against "favored people", allowing the general public to be asset-stripped mercilessly through various connivances and frauds, even though such conduct is blatantly unlawful - and the people have simply had enough of being treated like a turkey drumstick at an amusement park.

The blame for this incident and those like it rests squarely with Mr. Holder, President Obama, Tim Geithner, Ben Bernanke, President Bush, Hank Paulson and the 50 States Attorneys General who have all refused, collectively, to prosecute the rampant lawlessness in our financial system for the previous two decades - and are still refusing today.

You know. This sort of thing is enough to turn elections. And if that doesn't cure the problem we should consider ourselves lucky that America has plenty of trees. And matches (well lighters mostly these days). And fire arms. Fortunately only a moderately enraged populace so far.

I am definitely in favor of seeing this mess solved without violence, arson, or any of the other of the Devil's tricks. But that means the devils who caused this mess must be constrained and then banished. Because unrestrained deviltry breeds more Deviltry.

Cross Posted at Power and Control

posted by Simon on 10.18.10 at 10:32 PM





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Comments

One slight problem with the 7th Amendment quote: The 7th Amendment has never been held by SCOTUS as incorporated against the States.

Captain Ned   ·  October 19, 2010 09:22 AM

Captain,

Thanks for that. But you would think that $20,000 or $30,000 would be enough.

In any case things are breaking down - oh the machinery still runs fine. It is the social constructs that are losing validity.

M. Simon   ·  October 19, 2010 10:14 AM

I'm glad you seem to generally understand this issue and are not accepting the lie that it is just a matter of some "improper paperwork" filed against "deadbeats" in cases that are fundamentally legitimate.

Everyday this thing gets worse. Evidence is accumulating that the banks sold at least some mortgage debt, in it's entirety, to multiple parties - at least according to a court filing by Bank of America in a lawsuit against Freddie Mac. We'll see if it's true, but it's quite possible given the (1) deliberate destruction of physical notes after their conversion to electronic format and (2) opaque processes by which servicers funnel the money through to the bond holders. As long as the money kept flowing, none of the "owners" knew they had been duped. Now that foreclosures are happening, however, we're finding multiple banks thinking they own the same homes. Maybe it's just some errors in MERS, but it's also quite possible that some bankers saw the opportunity to inflate their bonuses by inflating their sales figures and jumped at it.

This just keeps getting worse everyday.

libarbarian   ·  October 19, 2010 05:37 PM

When institutions become as heavily regulated as the banks have become, they are no longer private. They do what they do because they know the taxpayers will underwrite their errors. This makes them part of the tyranny.

Because they are "too big to fail," they need to be overthrown, and replaced by the real private sector.

Trouble is, there may be blood.

Eric Scheie   ·  October 20, 2010 12:15 AM

Did the Earls keep up their mtg payments or are they simply trying to take advantage of a technicality to avoid a just debt and despoil an innocent purchaser? Conejo is apparently a good faith purchaser at open market of a court-approved title. The liquidity and efficiency of the real estate mkt depends on purchasers and lenders being able to rely on recorded title documents and ct jdmts, and not be required to look behind every prior step. If the Earls were wronged, it was by their lender or his successor in interest and their claim lies against them, not an innocent purchaser. How would the Earls feel if an Indian seized their home, citing a treaty violation or claiming the land had been stolen from their great grandfather. I loved the Weapon Shops and approve of the state losing its monopoly of force when it fails to protect individual rights, but I think taking the lawfully-acquired property of an innocent purchaser is not a wise way to start if you want to build support for the process.

Anonymous   ·  October 20, 2010 08:24 AM

Without the First Amendment right to petition the government for redress of grievances, the only options are to submit to oppression or armed rebellion.

Now, the biggest grievance foreigners have against Americans is that we're arrogant. We should be. For the most part, our ancestors came to America because they were not satisfied with the Feudal or Socialist or other totalitarian regimes in the old country. There was no chance for improving one's lot in life. No opportunity to provide a better future for one's children.

I hope that the folks running our country don't begin to think we are merely sheep who will remain silent at the slaughter. Our heritage, our very DNA will not allow it.

I'm an unarmed, overweight, out of shape coward; but there are about 90 Million legal gun owners out there--the majority of whom are patriots. The TEA Party is the precursor, the whistling of the teapot, the warning that the water is starting to boil, like that of 1773.

Don't make them go all 1776 on you...

setnaffa   ·  October 20, 2010 08:32 AM

We all seem to agree that the Earls were wronged, either substantively or procedurally. To the extent they were wronged, they were wronged not by disembodied forces of evil but by identifiable actors, either corporate or individual, and it is against them that we ought set our face. I see nothing in the record here presented, or in the arguments offered above, that Conejo did any wrong. Indeed, they could just as well have been a young working couple buying their first home with their careful savings. If the Earls' lender or the judge from whom they sought relief wronged them, then tar the judge and burn the bank if you think that called for, but do not declare us returned to bloody-clawed Nature with its war of all against all, which you must do if you are to approve of what the Earls did. I do not think Isher's weapons would work against Conejo.

Dave   ·  October 20, 2010 03:34 PM

Dave et. al,

Wars of the few against the many eventually turn into wars of all against all.

Now you want to prevent such a war? Get the courts and prosecutors working. That is their function - settling disputes in an orderly way. If they do not perform their function disorder will prevail.

It is not the Earls - what ever their situation - they are but a symptom.

We have a systemic failure and the resolution has hardly begun. Where are the indictments of the robo-signers and their bosses - at the very minimum.

M. Simon   ·  October 20, 2010 05:04 PM

I agree with you (and Eric's comment. I mean, to really screw things up it takes massive governmental intervention.)

OT -- thank you for reminding of Van Vogt. When I'm done with the crazy traveling, I MUST block a weekend to re-read him. I often said he threw out more ideas per page than the average SF has. My favorite was The Book Of Ptah. I wonder if anyone is bringing him out on kindle now. (I'm trying to cut out on paper.)

Sarah   ·  October 21, 2010 10:21 PM

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