On the twenty-seventh day of July, 1979, a defining moment of clarity was conceived. This single incident would forever put to rest the debate about the status of the United States Federal Reserve in relation to the UNITED STATES OF AMERICA. It was on this date that John L. Lewis would start a strong but little known debate that would culminate in answering the question, "Is the Federal Reserve actually federal?" Is the Federal Reserve no more "federal" than Federal Express? Had the word federal been used as a smoke and mirror facade that kept hidden the true nature of this body of bankers?
Late in July of 1979, John L. Lewis states that he was involved in an incident that caused him injury. Mr. Lewis states that his injury was caused by a vehicle owned and operated by the Los Angeles branch of the Federal Reserve Bank of San Francisco. Lewis sought relief and compensation in district court alleging jurisdiction under the Federal Tort Claims Act (the Act), 28 U.S.C. § 1346(b). Not so fast said the UNITED STATES COURT OF APPEALS, NINTH CIRCUIT.Unfortunately, the Federal Reserve Bank of San Francisco does not fall within what the court calls, by virtue of the act's own definition, a federal agency within the meaning of the Act and "that the court therefore lacked subject matter jurisdiction." (JOHN LEWIS,Plaintiff/Appellant, vs. UNITED STATES OF AMERICA, Defendant/Appellee.)
What is the definition of a U.S. Federal affiliation that would be covered by the act? "As used in this chapter and sections 1346(b) and 2401(b) of this title, the term 'Federal agency' includes the executive departments, the judicial and legislative branches, the military departments, independent establishments of the United States, and corporations primarily acting as instrumentalities or agencies of the United States, but does not include any contractor with the United States." Remember that "includes" in legalese means just the items listed and nothing else.
To clear the waters of the legal mumbo jumbo, approach this definition as to what the Federal Reserve Bank of San Francisco isn't rather than what it is. The Federal Reserve Bank is not, according to this appellate court:
1) Is not an executive department
2) Is not of the judicial and legislative branches
3) Is not the military departments
4) Is not an independent establishment of the United States
5) Is not a corporation primarily acting as an instrument or agency of the United States
So what is the Federal Reserve, exactly? This court has made it clear what it is not. An entity that is not "of government" must be private by virtue of definition. The court further elaborated:"The fact that the Federal Reserve Board regulates the Reserve Banks does not make
them federal agencies under the Act. In United States v. Orleans, 425 U.S. 807, 96 S. Ct. 1971, 48 L. Ed. 2d 390 (1976), the Supreme Court held that a community action agency was not a federal agency or instrumentality for purposes of the Act, even though the agency was organized under federal regulations and heavily funded by the federal government."
The Federal Reserve and it's member banks are not federal nor do they have reserves for a population deceived into believing that the Federal Reserve benefits them.
