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 > > Do not reply to this message -- it was sent from an unmonitored mailbox. > If you can't read this, visit http://www.givemeliberty.org/mailroom > <http://www.givemeliberty.org/mailroom> to see the message. > > We respect your privacy. > > To REMOVE yourself or JOIN our e-mail list, see below. > > > <http://www.givemeliberty.org/> > <http://www.givemeliberty.org/aboutus.htm> > <http://www.givemeliberty.org/projects.htm> > My WTP <https://givemeliberty.org/user/info/mywtp.aspx> > <mailto:[EMAIL PROTECTED]> > > > 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: > > 01-SupersedingIndictment.pdf > <http://www.givemeliberty.org/RTPLawsuit/Simkanin/01-SupersedingIndictme > nt.pdf> > 02- GovtRespondsToBadIndictmentCharge.pdf > <http://www.givemeliberty.org/RTPLawsuit/Simkanin/02-GovtRespondsToBadIn > dictmentCharge.pdf> > 03-Pages1-4BillOfParticularsMotion.pdf > <http://www.givemeliberty.org/RTPLawsuit/Simkanin/03-Pages1-4BillOfParti > cularsMotion.pdf> > > The Defendant's motions to dismiss based on lack of federal criminal > jurisdiction inside the 50 states, lack of a proper indictment and lack > of ANY law that imposes any legal obligation regarding withholding: > > 04-MoDismissLackPersonSubjectJur.pdf > <http://www.givemeliberty.org/RTPLawsuit/Simkanin/04-MoDismissLackPerson > SubjectJur.pdf> > 05-MoDismissMemoLaw.pdf > <http://www.givemeliberty.org/RTPLawsuit/Simkanin/05-MoDismissMemoLaw.pd > f> > 05b-DocDiscoveryRequest.pdf > <http://www.givemeliberty.org/RTPLawsuit/Simkanin/05b-DocDiscoveryReques > t.pdf> > > The denial of due process based on local court "rules" practices, and > judicial fiat ignoring due process of law. Note Judge McBryde's warning > to Simkanin's attorney in document #06. > > 06-JudgeFriviolousDismiss.pdf > <http://www.givemeliberty.org/RTPLawsuit/Simkanin/06-JudgeFriviolousDism > iss.pdf> > 07-JudgesRules.pdf > <http://www.givemeliberty.org/RTPLawsuit/Simkanin/07-JudgesOwnRules.pdf> > > 08-OrderStrikeEvidenceCompel.pdf > <http://www.givemeliberty.org/RTPLawsuit/Simkanin/08-OrderStrikeEvidence > Compel.pdf> > 09-Stricken.pdf > <http://www.givemeliberty.org/RTPLawsuit/Simkanin/09-Stricken9-12-03.pdf > > > 10-GuiltyPlea.pdf > <http://www.givemeliberty.org/RTPLawsuit/Simkanin/10-Plea.pdf> > > Read the previous WTP article > <http://www.givemeliberty.org/NoRedress/Update06-30-03.htm> regarding > Simkanin's pre-trial incarceration documenting the courtroom abuses and > judicial suspension of USDC Judge McBryde. > > Read an overview of Employment/FICA Tax Law > <http://www.givemeliberty.org/RTPLawsuit/Simkanin/EmploymentTaxes.PDF> > (.pdf) > > According to a New York Times article > <http://www.givemeliberty.org/rtplawsuit/misc/NYTimes10-02-03.htm> of > 10-1-03, Simkanin was an advocate of the "861" argument which states > that for "income" to be taxable, it must come from taxable sources. The > Internal Revenue Code specifically states to use Section 861 to > determine "taxable income" and lists the sources of income that are so > taxable. The taxable sources all regard foreign corporations and foreign > commerce. > So, what really is Taxable Income <http://www.taxableincome.net> ? > > > Schulz Appears on FOX News > > Bob Schulz was invited to appear on FOX News with new anchor Neil Cavuto > to respond to Simkanin's guilty plea. Click here > <http://www.hearliberty.com/> to listen to Schulz on Cavuto's Thursday, > November 2nd show. > > _____ > > > GO TO the home page www.GiveMeLiberty.org > <http://www.givemeliberty.org> > > Join the historic class-action lawsuit > <http://www.givemeliberty.org/RTPLawsuit/InfoCenter.htm> against the > U.S. Government. > > Read and sign the Petitions > <http://www.givemeliberty.org/FreedomDrive/Redress/SignPetitions.htm> > for Redress of Grievances regarding the Government's > abuse of its limited war-making, taxing, and monetary powers and its > ongoing assault > on the Bill of Rights. > > Click Here <http://www.givemeliberty.org/donations/donate-join.htm> to > make a donation and help fund the soon-to-be-filed historic lawsuit and > the ongoing efforts of WTP. You have our sincerest Thanks. > > Our secure, on-line system supports one-time, monthly and twice-monthly > e-donations. > We support all the major credit cards and can process donations from > your checking account and PayPal as well. Our subscription-type > donations can be stopped or changed by you at anytime either on-line or > by request to our offices. We can also process any form of donation via > mail. Our mailing address is: WTP, 2458 Ridge Road, Queensbury, NY > 12804. All donations to the WTP Foundation are tax deductible. > > > > > > > > > > > This message was sent to address [EMAIL PROTECTED] > > If this is NOT you, you are not on the WTP mailing list. > > > We value and respect your privacy. To > unsubscribe from our mailing list, click here: > PLEASE DELETE ME > <mailto:[EMAIL PROTECTED]> > If this message was forwarded to you by a friend and you'd like us to > send you > regular updates, please visit http://www.givemeliberty.org/mailroom/ and > subscribe. > Already on our list, and want to update your information? > Visit http://www.givemeliberty.org/mailroom/. > To send an email to Bob Schulz, click here > <mailto:[EMAIL PROTECTED]> . (mailto:[EMAIL PROTECTED]) > > -- Yours, J.A. Terranson [EMAIL PROTECTED] "Every living thing dies alone." Donnie Darko