Once again, we see why a .308 is a reasonable solution to many
problems. "Judge" McBryde needs killing, pure and simple...
On Sun, 5 Oct 2003, Bob Schulz (DO NOT REPLY - Unmonitored Mailbox) wrote:
> Date: Sun, 5 Oct 2003 21:23:30 -0500
> From: "Bob Schulz (DO NOT REPLY - Unmonitored Mailbox)"
> <[EMAIL PROTECTED]>
> To: [EMAIL PROTECTED]
> Subject: [We The People] Simkanin Pleads Guilty,
> USDC & DOJ Collude to Deny Due Process, Schulz on FOX News
>
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> 10-05-03
>
> Non-Withholding Employer Simkanin Pleads Guilty
>
> US District Court Colludes With DOJ To Force Plea
> Court Filings Document Trail of Denied Due Process
>
> Schulz Appears on FOX News To Respond
>
> Early last week, non-withholding employer Dick Simkanin plead guilty to
> a single felony charge of failing to withhold employment taxes from his
> employees.
>
> As has been witnessed repeatedly in other income tax related
> prosecutions, Simkanin's prosecution is yet another example of how the
> people are being systemically denied due process of law in the courts as
> they have attempted to force the government to officially assert what
> specific legal authority compels income tax filing, payment or
> withholding.
>
> Simkanin, held in virtual isolation from the public since his arrest in
> June, has spent over three months in a federal detention facility
> awaiting trial. He currently remains incarcerated pending sentencing
> next January.
>
> The trial judge, Judge John McBryde was effectively suspended from the
> 5th US District Court in 2000 for over a year as a result of a special,
> several year judicial investigation that documented a long history of
> McBryde's flagrant abuses of judicial power and courtroom practices that
> negatively affected the judicial process, i.e., denied due process.
>
> Here is the Title 26 tax law that employer Simkanin was charged with
> violating:
>
> "Section 7202. Willful failure to collect or pay over tax.
> Any person required under this title to collect, account for, and pay
> over
> any tax imposed by this title who willfully fails to collect or
> truthfully
> account for and pay over such tax shall, in addition to other penalties
> provided by law, be guilty of a felony and, upon conviction thereof,
> shall
> be fined not more than $10,000, or imprisoned not more than 5 years, or
> both, together with the costs of prosecution."
>
> Note that THIS law does not specify WHO is actually required to collect,
> account, pay, etc.
> NO statute that would IMPOSE the legal obligation has ever been averred
> by the DOJ - not even on the indictment. Even after Simkanin's formal
> demand that the government produce such a law, they have yet to do so
> and the Court did not force them to.
>
> The Federal Rules of Criminal Procedure 7(c)(1) requires the indictment
> to "state for each count the official or customary citation of the
> statute, rule, regulation or other provision of law which the defendant
> is alleged therein to have violated." The notification of legal
> responsibility "or other provision of law which the defendant is alleged
> therein to have violated" is not found in the indictment. Criminal
> process must allege every essential element of the offense.
>
> Below are links to key court documents in from the Simkanin case.
>
> The documents demand proof of IRS' legal jurisdiction, documentation
> relating to the indictment and the grand jury process. They advance a
> variety of substantive legal arguments that argue compellingly for the
> charges against Simkanin to be dismissed.
>
> Virtually none of the critical legal documents requested by Simkanin's
> attorneys were produced by the government. Virtually all of the motions
> containing the crucial legal arguments to dismiss were rejected,
> "unfiled" or simply stricken from the court record by judicial fiat.
>
> The flawed indictment that fails to cite ANY specific statutory
> obligation to withhold or act as a withholding agent:
>
>
