Marilyn Writes

Marilyn MacGruder Barnewall began her career as a journalist with the Wyoming Eagle in Cheyenne. During her 20 year banking career, she wrote extensively for The American Banker, Bank Marketing Magazine, Trust Marketing Magazine, and other major industry publications. The American Bankers Association (ABA) published Barnewall’s Profitable Private Banking: the Complete Blueprint, in 1987. She taught private banking at Colorado University for the ABA and trained private bankers in Singapore.

Sunday, July 17, 2011


By Marilyn M. Barnewall
July 17, 2011

...“The gold-fringed flag only stands inside military courts that sit in summary court martial proceedings against civilians.”

The U.S. Constitution is a “Let’s Pretend” document without the Rule of Law.

Last week, Jeffrey Imelt, CEO of General Electric (GE) and a member of Obama’s Economic Advisory Council with specific responsibility for job creation, told businesses to stop sitting on their cash and begin hiring people. Imelt is a particularly offensive man whose only real talent is manipulating government programs to benefit his company at taxpayer expense.

In an article I wrote last week for another publication (Link here) explaining why this administration is impotent when it comes to job creation, I said:

“In our crisis economy, there is no “other people’s money” available from taxpayers, stockholders, partners or investors. Thus, the union thugs, corporate executives, administrators, and others who don’t understand risk management – those with whom you’ve surrounded yourself – can’t solve the problem. They only know how to succeed using other people’s money… and the state of the world economy dictates that there is no more ‘other people’s money.’ Well, there is – but you will let the world starve before you make the source known.”

There is so much corruption in our business community, it makes me ill.

One example: In 2007, GE, the world’s largest industrial company, was one of the biggest beneficiaries of funds set aside to rescue banks. Is GE a bank? No, but what does that matter?

GE has a company called General Electric Capital, one of the world's largest and most diverse financial operations. GE Capital makes loans for commercial real estate, aircraft leasing and issues credit cards for stores like Wal-Mart. If categorized as a “banking company,” it would be the seventh largest bank in America. Because GE Capital is not a bank, it did not qualify for TARP funds under the Temporary Liquidity Guarantee Program (TLGP) funds. TLGP is a Federal Deposit Insurance Corporation (FDIC) program designed to guarantee unsecured bank, thrift and holding company debt, thus strengthening confidence in the banking system. GE didn’t qualify for the program – but close to $80 billion was funneled through two small financial institutions into GE’s corporate coffers.

You see, GE Capital owned an FDIC-insured savings and loan and an industrial loan company in Utah. These two very small financial institutions made up only three percent of GE’s total asset base… but gained qualification to the TARP funds from the Obama administration under a loophole. Special privileges had to be manipulated through the system, but it was done quickly and, with Imelt in charge of NBC News, a GE company, publicity was contained.

Anyone who buys a General Electric product is supporting a company that has become one of the most skilled tax avoiders in America. In 2010, GE set aside a mere 7.4 percent of its $5.1 billion U.S. profits to pay taxes. Actually, it paid practically nothing.

How do things like this happen? How do American taxpayers get nailed to the wall over and over and over again? I go back to my opening statement: The U.S. constitution is a “Let’s Pretend” document without the Rule of Law.

I’m always ‘preaching’ about finding the core problem rather than being continually diverted by issues about which we can do nothing. This is a prime example. The core problem appears to be our court system. There are some interesting facts you should know about the American Flag, for instance. What does that have to do with our court system? Read on…

President Dwight David Eisenhower signed Executive Order 10834 on August 21, 1959. It is printed in the Federal Register at 24 F.R. 6865, pursuant to law, and says: “A military flag is a flag that resembles the regular flag of the United States, except that it has a yellow fringe border on three sides.”

Every nation in the world accepts The Law of the Flag. Basically, it designates the rights under which a ship owner who sends a vessel into a foreign port functions and provides notice to those who enter into contracts with the ship master that he will use the Law of the Flag he flies to regulate contracts. The Law of the Flag regulates the laws under which contracts entered into will be governed. (See Ruhstrat v. People.)

In other words, Admiralty Law says that when a ship flies a Spanish flag, if you sign a contract with the Captain of that ship, any agreements or contracts the Captain signs will fall under Spanish law unless otherwise specified.

Further, there is a doctrine called “four cornering” a flag. According to, “By the doctrine of ‘four cornering’ the flag establishes the law of the country that it represents. For example, the embassies of foreign countries, in Washington D.C., are ‘four cornered’ by walls or fencing, creating an ‘enclave.’ Within the boundaries of the ‘enclave’ of the foreign embassy, the flag of that foreign country establishes the jurisdiction and law of that foreign country, which will be enforced by the Law of the Flag and international treaty. If you enter an embassy, you will be subject to the laws of that country, just as if you board a ship flying a foreign flag, you will be subject to the laws of that flag, enforceable by the ‘master of the ship’ (Captain).”

So, when you enter your local courtroom and find a yellow-fringed flag, you may want to seriously question under what laws people who appear in that courtroom are being tried: The U.S. Constitution? Or, the U.S. Military? Or, Maritime Law? Or, the Uniform Commercial Code (corporate law)?

Admiralty law tells us that when you see a flag, you need to understand that in areas where a flag is “four cornered,” you are being told which laws dominate that space. We are governed by the laws of the country the flag represents. According to President Eisenhower, gold-fringed flag tells us we are under the rules and regulations of the military force that flies the flag.

FLAG Martial Law; "Pursuant to 4 U.S.C. chapter 1, §§1, 2, & 3; Executive Order 10834, August 21, 1959; 24 F.R.6865; a military flag is a flag that resembles the regular flag of the United States, except that it has a YELLOW FRINGE border on three sides. The president of the United States designates this deviation from the regular flag, by executive order, and in his capacity as Commander-in-Chief.

FLAG Martial law; "Ancient custom sanctions the use of the fringe on regimental colors and standards, but there seems to be no good reason or precedent for its use on other flags." The Adjutant General of the Army, March 28, 1924, (1925); 34 Ops. Atty. Gen. 483, 485.

According to many Internet sites espousing expertise involving Flags, courtrooms that display fringed flags behind a judge is a military courtroom. Such a courtroom tries cases on the basis of military law, not constitutional law, not common law, not civil law, and not statute law. According to Army Regulations, (AR 840-10, Oct. 1, 1979.) "the Flag is trimmed on three sides with Fringe of Gold, 2 1/2 inches wide," and "such flags are flown indoors, ONLY in military courtrooms."

The gold-fringed flag only stands inside military courts that sit in summary court martial proceedings against civilians. These courts are partially governed by local rules, but more especially by "The Manual of Courts Martial", U.S., 1994 Ed., at Art. 99, (c)(1)(b), pg. IV-34, PIN 030567-0000. A judge who sits ‘under’ a gold or yellow fringe flag becomes the ‘captain’ or ‘master’ of that ship or ‘enclave’ – or courtroom? That judge has the absolute power to make the rules as he goes. The gold or yellow fringe flag warns that you are leaving your constitutional rights outside the four walls in the room where such a flag is “cornered.”

Is this why so many judges are appointed and not elected by the people? Federal judges are appointed by the President, the national military commander in chief. State judges are appointed by Governors, the state military commanders. Are judges appointed because the courts are military courts and civilians do not ‘elect’ military officers?

Under martial law, you are presumed guilty until proven innocent. That would certainly explain many court decisions, wouldn’t it?

Article IV, section 3, of the Constitution of the United States of America says “…no new State shall be formed or erected within the Jurisdiction of any other State.” So – why have the judges of State and Federal courts been allowed to erect foreign ‘enclaves’ within our public courthouses under a foreign flag with yellow fringe? The soil on which these courtrooms are built belongs to each of our states. Does this make sense to you? It doesn’t to me. It only makes sense if the states are viewed as territories, rather than states.

There are other theories – that Maritime Law gives the legal system the right to treat people as corporate assets, for example – but all of the theories come to the same conclusion: Any courtroom with a fringed flag behind the judge should be highly suspect relative to the law under which people are tried.

Your job on Monday (“should you accept it” – for Mission Impossible fans): Visit your local courtrooms and take a picture of the flag in each. Be sure the pictures document where the flag is located – is it behind the presiding judge? The odds are very high that the flags in your courtrooms are fringed with gold. Is this an indication that the courts in your state function under Maritime Law? Probably. I have for years looked for reason in the decisions coming from American courtrooms – and as strange as it sounds, this makes a lot of sense and explains a lot of crazy decisions that have nothing to do with constitutional law.

This opens doors of lawful activity for Tea Party Groups… for all citizens, actually. Rather than protest – or sit quietly by doing nothing – take pictures of your courtrooms. Visit the links provided regarding flags and what they mean. Raise enough money to place a full-page ad in your local newspaper and publish the photos with a story. Educate the rest of the electorate as to why our courts allow corporate and government fraud and why the law seems to be interpreted differently for individuals than it does for people like Jeffrey Imelt, GE, and the politicians who support scumbags like him.

When you add judges whose Oaths of Office are not properly filed (see my NewsWithViews article) as constitutionally required by the state and the federal government, you will understand why taxpayer rape is being condoned by our legal system.

And here’s the second project for you – should you accept it, of course. Find the names of your judges – city, county and state. Call your county clerk and ask where the Oaths of Office for city and county judges can be found. Call your Secretary of State to find where each state judge’s filed Oath of Office is located (including the state supreme court). These are public documents. You are entitled to copies of them. When you find a judge whose Oath of Office is not on file, ask for a signed statement to that effect.

Bear in mind that when judges do not have a legitimately FILED Oath of Office, every decision that person has made while on the bench is illegitimate. Most state constitutions say a public official without a FILED (not just taken, but legally filed) Oath of Office is viewed as if the office requiring the Oath has been “vacant.” Find the exact wording of your state’s constitution (look under Oaths of Office) regarding filed Oaths. Publish in your advertisement about court flags what the Constitution says along with the names of any judges who do not have one on file. Remember, district attorneys and federal judges and prosecutors take Oaths of Office, too.

We citizens can do much to clean up the mess we allowed “them” to make – and the cleaning job must begin locally! Remove “their” base.

1 - Sovereign Family of the World
2 - Gold Fringed Flag
3 - Get that Gold Fringe off my Flag

© 2011 Marilyn M. Barnewall - All Rights Reserved


Marilyn MacGruder Barnewall began her career in 1956 as a journalist with the Wyoming Eagle in Cheyenne. During her 20 years (plus) as a banker and bank consultant, she wrote extensively for The American Banker, Bank Marketing Magazine, Trust Marketing Magazine, was U.S. Consulting Editor for Private Banker International (London/Dublin), and other major banking industry publications. She has written seven non-fiction books about banking and taught private banking at Colorado University for the American Bankers Association. She has authored seven banking books, one dog book, and two works of fiction (about banking, of course). She has served on numerous Boards in her community.

Barnewall is the former editor of The National Peace Officer Magazine and as a journalist has written guest editorials for the Denver Post, Rocky Mountain News and Newsweek, among others. On the Internet, she has written for News With Views, World Net Daily, Canada Free Press, Christian Business Daily, Business Reform, and others. She has been quoted in Time, Forbes, Wall Street Journal and other national and international publications. She can be found in Who's Who in America, Who's Who of American Women, Who's Who in Finance and Business, and Who's Who in the World.

Web site: