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Title: LWAN: US Navy defeated in Federal Court on SSN Requirement
Source: LWAN
URL Source: http://www.cjmciver.org/cgi-bin/lwanread.cgi?2006-04-05
Published: Apr 4, 2006
Author: Neil McIver
Post Date: 2006-04-05 14:19:31 by Neil McIver
Keywords: SSN
Views: 262
Comments: 10

I've previously written of David Carmichael's legal efforts fighting the Navy over an illegal discharge 3 years shy of 20 years of service. David became convinced that continued use of an SSN violated Biblical prohibitions against identifying with a universal identifier, and he requested the Navy use a substitute identifying number as a religious accommodation. The Navy refused to even process his request. As a result, David was forced out of the Navy losing not only his paycheck but a full retirement pension he would have received had he completed his 20 year tour.

David first filed civil suit pro se (by himself, without a lawyer) against the Navy in federal court. The judge clearly disdained Carmichael and his case and was about to summarily dismiss the case when David found well-known Constitutional attorney Herb Titus who took David’s case. None-the-less, David’s case was flippantly dismissed. Titus appealed Carmichael's case, and Carmichael won his first ruling that reversed the lower court decision and ordered the trial judge to hear the case. See Carmichael v. United States, 298 F.3d 1367 (Aug 2002). Important Declarations were made in the ruling that Executive Order 9397 did not “mandate” federal agencies to use the SSN as the sole record keeping number.

The trial judge reopened and heard the case. David reported that the judge, remarkably, gave the Navy strong hints that they should settle the case out of court. The Navy refused to entertain Carmichael’s settlement proposals and eventually ended up with a strong judgment against them for both back-pay and retirement. 66 Fed. Cl. 155 (2005). Unfortunately, David can't cash the check because he cannot find a bank to open a bank account for him without an SSN. He did however get a bank president to admit that they could fulfill their “Customer Identification Procedures” without David having a national identification card (Driver’s license) except for the new U.S. Treasury regulation that prohibits all banking services to those who will not identify themselves with an SSN. Undaunted and uncompromising David is now preparing legal action against a bank as yet unnamed.

David is a man of substantial christian faith and he gives full credit to God for successfully bringing him through these trials. David has authored a book which I've read and recommend, called "Faith-The Final Frontier." This is David's story, or part of it as it's not over yet. It is not about his fight with the Navy, as there is only passing mention of his discharge. It's a book about how he has trusted God in a variety of serious circumstances, being led to do things "crazy" to any average person, as well as the follow-up miracles that landed him on his feet. Many of such miracles are finance related, as they took place after his forced discharge from the Navy when money was very scarce but with him still having a family to raise.

Yet in spite of the miracles, David does not relate a life of easy trust in God. Far from cavalier, his story is one relating his own shortcomings and failures to do the right thing. Often his dedicated wife enters the scene who arguably has the more difficult task of trusting David, the imperfect man, when David tells her what crazy thing God told him to do, whereas David gets to trust a perfect God. It's the story of a "free-lance human being," David's moniker in describing a life generally free of obligations to earthly institutions (one this reviewer can relate to, actually).

David relates his financial struggles within his book and though he's not related his present financial standing to me, anyone willing to support David out of respect for his efforts may consider buying his book. I was not asked to do this promotion am in no way being compensated for it. Please see http://www.faithfrontier.com for book information.

David is also the principal behind the American Christian Liberty Society (http://www.christianliberty.org) which is an organization formed for fighting the widespread use/requirement of the Social Security Number. ACLS is currently supporting a case that is before the Idaho Supreme Court, Larry Lewis v. Idaho Dept. of Trans. David anticipates that the Idaho case will be a ‘first win’ of a number of wins that will reverse previous court rulings against those who cannot identify themselves with a SSN by reason of their religious convictions. If David is asked, he would much rather people send money to support ACLS because he more than likely will send a book to you without cost if you ask him for one. Right now, most of the money given to support the work of ACLS has come out of David’s and Herb’s personal sacrifice. Funds are needed to provide for travel and other expenses for Herb Titus and a Idaho lawyer who is sponsoring Herb in the Idaho Court. Oral argument will be in Boise, Idaho, on May 9, 2006. (ACLS funds are completely separate from David's book finances).

Neil McIver Subscribe to *LWAN*

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#2. To: Neil McIver, David Alan Carmichael (#0)

I purchased David's book today. I admire his tenacity.

christine  posted on  2006-04-05   17:25:14 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 2.

#4. To: christine, Neil McIver, Diana (#2)

I purchased David's book today. I admire his tenacity.

I think I'll order one today. I like his faith and his sense of HOPE.

I was reading Chapter 17 of Mark of the Beast, above, and Employ vs. Enslave [ http://www.hisholychurch.net/study/gods/eve.htm ], and many other articles on this subject, while I believe the authors have a lot of important things to say, I was ready to jump [or take up arms to clean House], afterward! The scriptures are to be taken as an example, it is true, but I kept thinking, those words of doom were meant mostly for the OT people who not only rejected His word, but fancied that they were actually doing His will in their evil ways, and took pleasure in it. Those same people have followed and hounded us for years, and through much cunning, brought us into bondage in thought, word, and deed, it is true. Yet, I feel He looks differently on us who know we are not saved by the law, and by ourselves, but by our faith in Jesus Christ. This is not to say we should not strive to be perfect like Him, but we know that when we fail, we have an advocate in Jesus. I like how Carmichael put it:

"...I did not understand as a new believer that it is not the balance of my sin versus my abstinence of it that qualifies me. It is only on the basis of the relationship that He established with me. Let’s admit it, “If we say that we have no sin, we deceive ourselves and the truth is not in us.” “But if we confess our sin, He is faithful and just to forgive our sin, and cleanse us from all unrighteousness.”

Sin does not suspend our license to walk with Christ: It certainly brings injury when we stumble; it embarrasses those around us who see our stumbling; we have pain and grief until we recover from the injury of our error; somebody who watches us fall may be rightfully hesitant to pass us the baton to join them in the race they are running; but we do not lose our status. What is critical for us do, is to readily admit our sin, confess it and allow God to cleanse us from it. Then, just as we received Him, walk in Him. Our God wants us to be over-comers. He wants to show His glory through us, His apparently imperfect but favored children...."

http://faithfrontier.com/faithsam p.html

The root of persecution of God's people for the last 2,000 years is those who rejected God, and whom He rejected: Isaiah 65:15, no matter what mask(s) they have put on, in order to deceive. I have no doubt that America is the promised land for Christians [Ezekiel 34/John 10], that we have been in bondage for nearly 400 years, and that God will have the last say in this matter: Rev. 3:9.

Our persecutors can be a part of the blessing when they repent and accept Jesus [Matthew 23; Luke 15.].

AllTheKings'HorsesWontDoIt  posted on  2006-04-06 10:55:07 ET  Reply   Untrace   Trace   Private Reply  


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