Originally published November 21 2008
Colloidal Silver Company's Fight for Health Freedom: An Interview With Ben Taylor (Part III)
by Kira Adler
(NaturalNews) Utopia Silver Supplements is a colloidal silver company based out of Utopia, Texas. This natural supplement company has been battling the FDA for 5 years. In this exclusive interview, Ben Taylor, Utopia Silver Supplement Company owner, discusses his fight to defend the company and the principles of health freedom that this country was founded on. The previous part discussed why the FDA targeted Utopia Silver Supplement Company and the owner Ben Taylor and what their tactic was. Part 3 reveals how Ben pieced together the true concepts and laws that the U.S. government operates under that are separate from the Constitution and how he navigated the system legally by standing on the truth.
A Little Background of FDA Regulation In Regards to Natural Health Companies
For the past decade, the FDA has unfairly targeted small natural health companies with the intent to shut them down. Because of this country`s health freedom laws, at least on paper, the FDA can`t close them down outright so they`ve been using their legal weight to bring court cases against these supplement companies with the hope that the legal system will rule against them. Then fear mongering is conducted by the mainstream media to make examples out of these cases. A common tactic is to try to "nab" the supplement company by punishing them for publishing health claims and testimonials of the effectiveness of their products. These health claims may very well be backed up by scientific studies and research, but it doesn`t matter to the FDA. A common target is natural health companies that sell colloidal silver products. This may be because of the competition that these silver products pose to pharmaceutical antibiotics.
Kira: Now when the FDA came after you, was it for the testimonials about the effectiveness of your colloidal silver products?
Ben: Yes, it was for the same 'stated reasons' as the original Utopia Silver company. I kept the same testimonials as the old Utopia Silver company, plus I had added more testimonials that we had received. We were making the same products using the same methods and the testimonials were being sent to us as a direct result of the effectiveness of the silver.
Kira: I'd like to go through the chronology of events. How did the FDA approach you?
Ben: Well first of all, they sent me a 'Notice of Joinder' that I was being joined in the original lawsuit. So I called the Assistant Attorney General prosecutor and asked him what was going on. It was then that he laid it out for me and told me in no uncertain terms that I would have to get rid of the testimonials. A couple of months later they set a court hearing, in the Spring of 2005 and the fight was on. From the very beginning I had some understanding of the deceptive nature of the 'legal system' even though I had never actually been in court for anything- no even a DUI. Therefore, from that very first notice from the Texas Attorney General, I practiced what I believed and haven't deviated from it since. That belief is that they do not have the right or the jurisdiction to tell me that I cannot exercise my freedom of speech Rights.
So in the first court hearing, we went into court by Special Appearance (This is a court appearance that challenges and denies the jurisdiction of the court and the prosecutors as opposed to a 'general appearance' in which jurisdiction is presumed and/or accepted. Hiring an attorney also accepts 'the states' jurisdiction and relinquishes almost any Constitutional Rights that one might want to assert.) and I returned all their paperwork to them and gave them a 'Notice of my own' denying their jurisdiction. Well, from that point on we had 11 to 13 more hearings up until November of last year (2008) during which they were trying to get me to accept jurisdiction of the court, the TDH/FDA and of the Attorney General.
Kira: So when you went to these hearings did you have an attorney with you?
Ben: No I did not. I already had some notion that the nature of the system was that if you hired an attorney, you automatically admitted to the jurisdiction of the court. This is the most difficult part for people to believe. People can see that I have fought these people to a virtual standstill without an attorney and that I'm still standing, but they have a very difficult time understanding the true nature of the legal system in our country. Basically what we're functioning under is a quasi-private corporation and all these rules and regulations they're trying to hold us to that aren't in compliance with the Constitutions of the states and the country are tantamount to corporate rules. They are presuming that we are somehow members or employees of this corporation and therefore must adhere to these corporate edicts. So if we do not "belligerently assert" our Constitutionally secured Rights then the Constitution is just set to the side and we are presumed to be subject to their 'corporate rules and regulations'. By our failure to claim our God-given Rights, we loose them by virtue of 'tacit assent' (silent acceptance).
Kira: Basically what you're saying is that when you hire an attorney, you're waving your constitutional rights and you are entering into the court system of the corporation?
Ben: Yes, in fact it's what's called a general appearance. When you hire an attorney any time you step into court it's called a general appearance and you accept the jurisdiction of the court. I never hired an attorney and I always went in to court and I always filed my paperwork each time stating that I was there "in propria persona" (in my proper person) by 'special appearance' to defend my God-given unalienable and Constitutionally secured Rights. And that is how I was able to hold my position because I never admitted to the 'corporate' jurisdiction of the court or of the state and federal agencies.
Kira: And so with your God-given rights as a citizen under the Constitution, you have the right to continue with your supplement company and make true health claims because that's freedom of speech?
Ben: Of course, and we all also have the right to exercise our livelihood as long as we do not damage or violate the person, property, and Rights of another; that's an integral part of being a free man or woman in America.
Kira: So basically with the FDA encroaching on supplements and supplement companies and trying to classify their products as drugs, they're operating under this 'corporate law' and jurisdiction...
Ben: That's right and the FDA has a perfect right to do that, the problem is that they ('the government' and government agencies) have put the Citizens under this system without full disclosure to the American people. For instance, the CEO of a corporation can issue executive orders about almost anytime. He can require his employees to come to work in bow ties and tutus and if they don't comply, they won't have a job. I believe that is primarily what happens when the President signs an executive order. He effectively sidesteps Congress and their legislative power and the reason is because he is the Chief Executive Office of The United States corporation. Everyone is amazed at a President's ability to do this, but anyone who understands 'corporate' structure should have an "ahah" moment when they figure this out. Corporations are essentially dictatorships by their very nature.
Kira: Do you think that this was just assumed by each President that came into office, that they can do this and it can never be stopped or do you think that this was actually established -- that the president was in fact the CEO of an "American Corporation"?
Ben: Well that's the difficult part to know for sure without being behind the scenes and being privy to the conversations that are going on, so you don't know for certain the depth and extent of their knowledge. I believe that in about 1871, an 'artificial person', the 'United States' was formed into a corporate entity to administrate the business affairs of Washington D.C. and the territories not organized with legislative bodies, which is pretty innocuous sounding, �and there is probably nothing wrong with that if that was as far as it went. (The "United States" is defined in the United States Code at 28 U.S.C. 3002 (15) as a 'Federal corporation'.)
The problem is that this corporate entity over the decades began to assume every function of the federal 'government' under this 'corporate' umbrella. I believe that State governments are also functioning under the same federal corporate umbrella as 'sib-corporations' and over time the statutes, rules, and regulations of this 'Federal corporation' have replaced the Organic,/Common/Constitution Law of so that we are now operating almost completely under corporate rules/statutes rather than Constitutional Law.
Kira: So this was only possible under the ignorance of the American people?
Ben: Oh I think so and this is where the educational system is to blame; whether there is a conspiracy to dumb students down or not, I'm not sure, but it wouldn't surprise me one bit. You don't find the Constitution being taught in schools as anymore, even in College, and the fact that the Constitution is what secures our Rights as citizens and limits the power of government is rarely talked about.
Kira: It seems to me that what is never talked about is how to defend your rights and how to be a citizen and uphold those rights.
Ben: That's right. What people can do is look in the Encyclopedia of American Jurisprudence and find some of their secrets. It doesn't always spell it out in specific terms but it does give clues and even states that you must belligerently assert your Rights in order to be recognized by the system as having anything more than privileges.
Kira: What exactly is the Encyclopedia of American Jurisprudence?
Ben: It's a manual or handbook that is used by most judges as a guideline for many different issues in the administration of their courts and the judicial system is more a corporate administrative system than it is anything else; they function primarily to settle matters of 'contract'. Countless people trying to assert Constitutionally secured Rights in these 'administrative courts' have been told that these Rights do not apply in that court, because one way or another they have relinquished their Rights; usually unknowingly.
Kira: This sounds familiar, like the difference between maritime law and common law. Is that true?
Ben: Well, you know that's probably true in the sense that maritime is also referred to as admiralty and is really contract law. Basically when you hire on to a ship on the high seas, you agree to a contract and once you're on that ship you're at the mercy of the captain. He's like a dictator -- he makes the rules and regulations and you're under contract so I think that's where the analogy comes from. Even though we're on land, it is very similar to a maritime or Admiralty Law situation.
Kira: So if different government institutions operate under this corporate law, at which point did we waive our rights?
Ben: That's another difficult issue to pin down because I think it has happened slowly over many decades. There's not just one point where you can say, "well here we lost our constitutionally guaranteed rights and are now under corporate law". I can give you a couple of examples. For instance, the 'Driver License'; we can't be free people unless we have the right to freely travel, so the right to travel is understood and must be a God-given Right. If we didn't have the right to travel than we aren't free. But this corporate system has come up with this 'driver licensing' which is tantamount to having permission from the government to move about the public highways. It was initially set up as a commercial licensing system, but after a period of time, they gradually brought everyone under this commercial licensing program so now if you go out without a license and you're stopped, lo and behold you're going to jail or you are getting a ticket even though they don't have the lawful authority to interfere with your right to travel.
A second example is a marriage license. Marriage licensing came into being after the war between states when the slaves achieved a certain degree of rights through the 14th amendment. Although they gained certain rights, they were not fully considered Citizens and were required to obtain a license to get married. Over time, we all have been presumed to be 14th Amendment citizens, so a license is required of everyone who wants to get married.
Kira: Now if our readers wanted to find out more about this subject, do you have any suggestions on materials, websites or books?
Ben: There is a book that is fairly comprehensive, and it's one of the better that I have found; it's called "The US versus the USA" by Richard Kegley. I would like to note that I have not gone at this lawsuit completely alone. I have a friend named Alfred Adask who used to publish a magazine in the 1990s that was called "The Anti-Shyster" and his prime directive with that magazine was to expose what is going on in this country, especially through the legal system and attorneys.
In fact, in 2000 he was actually arrested and put into jail in Arkansas and held in jail for 344 days with no bond, no charges, and no trial. Finally he was released and was never charged with anything. Unfortunately, he lost his magazine which had a large number of subscribers. In fact he actually ran for the Texas Supreme Court on the Libertarian ticket in the early 90s and received several hundred votes. Alfred and I have the same philosophy and he had heard about my case and wanted to help me with it so he stepped in as a trustee of the family trust that held the assets of this company to work with me on the case. The next thing he knew, they joined him as a defendant -- much to their regret. He came up with some very insightful concepts about the FDA in this case.
In fact, he has a great blog where you can go to learn more about this non-Constitutional system that dominates our legal system today. It's 'http://adask.wordpress.com/' and he's posted a lot of the information from the case there as well as some very scholarly analysis of the issues we've discussed here. The thing is there are a lot of theories out there but most people have not actually gone to court and applied them to real life situations in court. Alfred and I are probably two of the few who have and been successful for four years.
Another man who understands this subject very well is G. Edward Griffin. In fact he wrote a very good book about the insidious nature of the Federal Reserve, as well as a book about curing cancer with Vitamin B-17.
I would also recommend Aaron Russo's DVD expose' of the IRS entitled "America, Freedom to Fascism". If you watch it after reading this interview and the Adask blogs, your appreciation for what Russo was trying to show us might be even greater. I had even been contacted by some of his people about taking part in a documentary to expose the FDA for what it truly is, a 'criminal cartel' controlled by the Pharma-Industrial Complex.
Kira: So how has this strategy worked for you?
Ben: Notwithstanding all of my time it's consumed and the damage that it has done to my business, I think it's worked perfectly. To tell you the truth, it's really amazing why the system didn't just steamroll over me, �but there seems to be, and maybe this is a spiritual confirmation, �there seems to be some power that derives from standing on the truth because I can't really explain it otherwise.
There was a judge who took over the case for a period of time to try and get it moving. In one of his hearings he tried in numerous ways to get me to agree to a trial date but I declined his invitations. It appears that I needed to agree to a trial date for there to be a trial and of course I didn't and he finally uttered a phrase in German. I had another wonderful friend and scholar of the Constitution, Dessie Andrews, sitting in the audience as a court-watcher who knew German. After the hearing was over, she came up to me and asked, "Do you know what he said?" I responded, "I don't speak German". She said, "The judge compared you to Martin Luther and was quoting Luther. When Martin Luther stood before the Council of Worms in his trial on charges of heresy, he said -- Here I stand, I can do no other, God helps me. Amen". Even the judge had a sense of the spiritual elements in this case.
After the judge made his German quote in the hearing he called for recess and asked me to go to his chambers to talk. We went to the jury room and sat down adjacent to each other at the conference table and he said to me "This system operates on fear; you're not afraid and that is a problem for us".
In the next article of this series, Ben Taylor will continue talking about the strategy that he used to fight the FDA as well as how the power is structured in the U.S. He also discusses his outlook for the future of health freedom in this country. To learn more about Ben Taylor`s fight for health freedom and about colloidal silver products, please visit (http://utopiasilver.com/) . You can read a review about Utopia Silver`s Colloidal Gold and Colloidal Silver Skin and Scalp Bar Soaps, written by Aria Milan, here (http://www.naturalnews.com/024713.html) . Any purchase made from Utopia Silver strengthens this natural health company`s resolve to stand up to the tyranny inflicted by the FDA.
Ben has set up a special discount just for Natural News readers: With the purchase of Advanced Colloidal Silver and both of the colloidal silver and colloidal gold soap bars, the buyer will receive an extra bottle of colloidal silver and a bottle of colloidal gold (a $48 value). In other words, for $35.90 plus shipping, the purchaser will also get $83.90 worth of products. Plus, Utopia Silver has created a discount code just for Natural News readers which will give them a 15% discount on any items not on sale -- this deal doesn`t expire. To take advantage of this special offer, go to (http://www.utopiasilver.com/naturalnews.htm) . Copy this discount code for any additional or future orders: NN001.
About the author
Kira is a freelance writer and journalist always interested in getting to the truth. She enjoys being outdoors and living a natural lifestyle. Kira's hobbies include hiking, swimming, and internatinal travel.
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