[We The People] Simkanin Pleads Guilty, USDC & DOJ Collude to Deny Due Process, Schulz on FOX News

J.A. Terranson measl at mfn.org
Sun Oct 5 19:36:17 PDT 2003


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 at givemeliberty.org>
> To: measl at 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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-- 
Yours, 
J.A. Terranson
sysadmin at mfn.org

	"Every living thing dies alone."
	Donnie Darko





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