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)"
<LMM-1-131-50433@givemeliberty.org>
To: measl@mfn.org
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:
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.
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