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Dead Constitution See other Dead Constitution Articles Title: Historic Litigation Continues (Bill Benson Needs Strategic Litigation Help) FREEDOM ABOVE FORTUNE NEWS Dear Friends, I am passing along an urgent appeal from Attorney Jeff Dickstein. As many of you know, I was blessed with having Jeff in my corner in my criminal trial and he has been in Bill Benson’s corner for a long, long time. Bill’s 16th Amendment research influenced me a great deal when I was investigating the “claims” made by so-called “tax protesters” while working for the IRS Criminal Investigation Division. That influence resulted from cold, hard FACTS that Bill had accumulated and shared with me. These FACTS caused me to look closer at what the IRS had to back up THEIR claims about Bill and others. My resignation from the IRS obviously shows who I believed was better able to back up their claims to speaking and writing the truth. Helping Bill helps us all. Please be as generous as you can. If you write to Bill and/or Jeff, please thank them for all the sacrifices they have made in fighting to make the truth known to all. Jeff’s message is below. ++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ We are currently seeking individuals to join in as cross-complainants in the government's law suit against Bill Benson. Over the past couple of years the government has stepped up its efforts to silence the protest over the income tax. Not only have they criminally prosecuted the most vocal of the protesters, such as Irwin Schiff, Larkin Rose, Joe Bannister, etc., they have sought civil injunctions to stop the dissemination of information using the abusive tax shelter law found at 26 U.S.C. Sections 6700 and 7402. The government has sued Bill Benson alleging he is selling abusive tax shelters in the form of his reliance defense package and is falsely telling people that the 16th Amendment has not been ratified. They are seeking an injunction against him as well as the names of everybody that purchased from Bill a reliance defense package. The government moved for summary judgment. Bill responded by showing the facts he relied upon to show that he is telling the truth, i.e., the facts that demonstrate that less than 3/4 of the states then in the union voted to ratify the 16th amendment as it was proposed. The government moved to strike these facts as irrelevant on the grounds that the courts have held whether the 16th amendment was or was not ratified is a political question beyond the review of the courts. Also in response to the government's motion for summary judgment, Bill raised 1st amendment issues. Obviously if the question of the ratification of the 16th amendment is a political question, Bill talking about it is pure political speech that should not fall within the commercial speech exception to the First Amendment. The Court has not ruled on the government's motion for summary judgment for well over 18 months now. We have no idea why the Court has not yet ruled. As part of the injunctive relief requested by the government, they asked for the names and addresses of Bill's "customers." Because of the delay in the Court granting the injunction, and Bill's poor health, the government has asked to take Bill's deposition and to request documents from him in order to obtain this information. We responded by stating Bill would exercise his right to remain silent. The government responded by requesting, and obtaining, immunity for Bill. Our next move, as soon as the government files its formal discovery requests, is to seek a protective order on first amendment grounds, necessary because the court has not yet ruled on our first amendment defenses as part of the motion for summary judgment. Under the first amendment, not only is there a right for Bill to speak on political issues, but there are reciprocal rights of the listeners. These include the right to hear (or read) what Bill has to say, the right to petition the government for redress of grievances, and the right to freely associate and not be put on a list merely for purchasing Bill's material. Bill cannot raise these rights because he does not have "standing" to raise the constitutional rights of others. Hence, we are looking for people to file motions to intervene into the lawsuit. That intervention will consist of cross-complaints seeking declaratory relief and injunctive relief to prohibit the government from violating their first amendment rights. We are looking for three categories of people: 1) People who purchased a reliance package from Bill but who still file tax returns and pay tax. These are people who will complain about being put on a list merely for purchasing and reading what Bill has to say. 2) People who want to purchase a reliance package from Bill. These people will contact Bill and ask to purchase a package. They will be turned down because of the government's law suit. They will then complain they are being prevented from reading what Bill has to say about the ratification of the 16th Amendment. 3) People who purchased a reliance package from Bill and wrote to the IRS stating they don't owe taxes because the 16th amendment wasn't ratified. These people will complain about being put on a list for exercising their right to petition for redress. We will have a very short time in which to file the motion for protective order to prevent the discovery. We need to be ready to file the motions to intervene immediately after the government's discovery requests come out if we are to have a chance at preventing the first amendment violations. To the best of my knowledge, no one has yet raised any of these issues or adopted any of these strategies in an abusive tax shelter case. I believe this strategy offers the best opportunity to bring Bill, his research, and the tyrannical nature of government to the attention of the people and the legal community. Not since the Star Chamber and Galileo and the seditious libel trial of Peter Zinger has the government decided the truth, and facts of the truth, just don't matter. As a nation of people we need to act before things get even more out of hand. This case represents the best opportunity to litigate the 16th amendment issue, an issue that affects millions and millions of people. Its one thing to go after tax cheats; its something altogether different to make criminal or subject to civil penalty the people's right to debate government conduct in fraudulently ratifying the 16th amendment and the court's cover up of the fraud. Many of the pleadings already filed in Bill's case can be read on his website, http://www.thelawthatneverwas.com. The complete list can be obtained off of the governments electronic case filing system: http://pacer.psc.uscourts.gov/. The case is United States v. William J. Benson, Case No. 04 C 7403, Northern District of Illinois, Eastern Division. This case has been carefully orchestrated from the beginning. It is the only case in which the actual facts of the non-ratification of the 16th amendment has been briefed in full and a showing has been made why prior case law is wrong. It also raises the constitutionality of the enrolled bill rule as authorizing ratification of an amendment contrary to constitutional mandate. The district court and the 7th Circuit state they are bound by Supreme Court precedent. This opens the door for bypassing the 7th Circuit and appealing directly to the Supreme Court. We are not looking for people to join the lawsuit pro se and screw things up with frivolous arguments and non-artfully drawn pleadings. We are looking for people to be represented by me or other attorneys willing to take my lead. I've represented Bill in his original criminal case almost 20 years ago. I represented Joe Bannister together with Attorney Robert Bernhoft and engineered his acquittal. I have more criminal wins against the IRS than any other attorney in the United States. This is serious litigation of extremely important issues and must be done properly. We are looking for a few people to intervene who have funds to support the litigation with an initial retainer of $20,000. That retainer will include the preparation and filing of the motion to intervene, the proposed cross-complaint, defense of any government motion in opposition of the motion to intervene or motion to strike the cross-complaint, including court appearances, the drafting and filing of an amended complaint, if necessary, and joining in the motion for a protective order. This is the opportunity to support Bill, support the litigation, and to stand tall and make a difference. Its an opportunity of a lifetime at a time in life when action to protect your freedom is mandated by a government gone wild. Once it is established that the government can accuse anyone of wrongdoing and absolutely prevent facts of non-wrongdoing from being heard, the Constitution, freedom and liberty is dead. I can be reached at the contact points below. In the event you don't want to join the lawsuit, we still need funding. Donations are necessary. Bill is quite ill and all other sources of financing his litigation have dried up. Please, do not let the government get away with this. Do not let the past 30 years of Bill's life and dedication to your well being be for naught. He needs your emotional, philosophical, moral and financial support. Show him you appreciate his efforts, his work, and his dedication. He is one of the finest people to stand up and be counted. He is a true patriot. Sincerely, Jeffrey A. Dickstein ****************************************************************** -For those who have received this message as a forward from someone else, you can sign up to receive these messages directly by visiting www.freedomabovefortune.com and clicking on "Mailing List". -For those who are unfamiliar with what has transpired to date in this case, especially the recent acquittal on all charges leveled against me, please visit http://www.ninehundred.net/banister/ , www.joebanister.blogspot.com and www.freedomabovefortune.com (click on "IRS LOCKOUT UPDATE"). You can also find archives of informative radio shows at www.hearliberty.com . -Prayers in support of this effort are always welcomed and encouraged. Contributions to my legal defense fund are also welcomed due to the significant costs of defending against multiple and continuing IRS attacks. Checks or money orders are gratefully accepted and can be made payable to "Joseph Banister Legal Defense Fund", and mailed to 1805 N. Carson Street, Suite C, Carson City, Nevada 89701. Money orders may provide a greater degree of privacy to the donor than checks so use your own discretion based on the degree of privacy you desire. -Visit http://www.ninehundred.net/banister for more information as to how you can obtain information about my recent trial and contribute to my legal defense fund at the same time. -My sincere thanks to those who have prayed for the success of our efforts and/or contributed to my legal defense fund. Your continued support is enabling me to illustrate, in detail and in a very public manner, that the IRS does not prevail against citizens because the agency adheres to the rule of law, but that the IRS prevails against citizens because the agency ignores the law, twists the meaning of the law, and overwhelms the citizen with economic and legal burdens. In a school yard, such tactics are called "BULLYING". In a government setting, such tactics are called "TYRANNY". This effort is the equivalent of ganging up on the bully and sending him to reform school where he belongs. ***************************************************************** Kind regards, Joseph R. (Joe) Banister Former IRS Criminal Investigation Division Special Agent www.freedomabovefortune.com www.joebanister.blogspot.com II Chronicles 7:14: And my people, upon whom my name is called, being converted, shall make supplication to me, and seek out my face, and do penance for their most wicked ways: then will I hear from heaven, and will forgive their sin and will heal their land. George Orwell, 1984: "You are a slow learner, Winston," said O'Brien gently. "How can I help it?" he blubbered. "How can I help seeing what is in front of my eyes? Two and two are four." "Sometimes, Winston. Sometimes they are five. Sometimes they are three. Sometimes they are all of them at once. You must try harder. It is not easy to become sane."
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#1. To: Pinguinite (#0)
Yep. I hear you, and you can count me out; Queen Elizabeth controls and has amended U.S. Social Security, as follows: S.I. 1997 NO.1778 The Social Security (United States of America) Order 1997 Made 22nd of July 1997 coming into force 1st September 1997. At the Court at Buckingham Palace the 22nd day of July 1997. Now, therefore Her Majesty and pursuance of section 179 (1) (a) and (2) of the Social Security Administration Act of 1992 and all other powers enabling Her in that behalf, is please, by and with advise of Her privy Council, to order, and it is hereby ordered as follows: "This Order may be cited as the Social Security (United States of America) Order 1997 and shall come into force on 1st September 1997." ---------------------------------------------------------------------------- Social Security Enabling Act of 1935 The Social Security Act of 1935 (See Section 8; Income Tax) http://www.nationalc enter.org/SocialSecurityAct.html ________________________________________ TITLE VIII- TAXES WITH RESPECT TO EMPLOYMENT INCOME TAX ON EMPLOYEES SECTION 801. In addition to other taxes, there shall be levied, collected, and paid upon the income of every individual a tax equal to the following percentages of the wages (as defined in section 811) received by him after December 31, 1936, with respect to employment (as defined in section 811) after such date: (1) With respect to employment during the calendar years 1937, 1938, and 1939, the rate shall be 1 per centum. (2) With respect to employment during the calendar years 1940, 1941, and 1942, the rate shall 1 ´ per centum. (3) With respect to employment during the calendar years 1943, 1944, and 1945, the rate shall be 2 per centum. (4) With respect to employment during the calendar years 1946, 1947, and 1948, the rate shall be 2 ´ per centum. (5) With respect to employment after December 31, 1948, the rate shall be 3 per centum. DEDUCTION OF TAX FROM WAGES SEC. 802. (a) The tax imposed by section 801 shall be collected by the employer of the taxpayer by deducting the amount of the tax from the wages as and when paid. Every employer required so to deduct the tax is hereby made liable for the payment of such tax, and is hereby indemnified against the claims and demands of any person for the amount of any such payment made by such employer. ---------------------------------------------------------------------- I have done this before; the income tax paid by United States citizens is called Social Security. Get it? It is a matter of a contract by and between each United States citizen and the United States government.
That's awesome man. Thanks for thinkin about it.
You are more than welcome. I should also point out that I have shared this with supporters of Bill Benson, and with Bill Benson as well, but they have a different agenda; they now make a living off of this non-sense and have for many years. I will tell you one thing that has just a sliver of a chance of working, on an individual basis, and that is to attack someone's signature to the Social Security application on the grounds of fraud; i.e., it is actually an income tax and this was never revealed to the signee, BUT, understand that this is to withdraw from Social Security, not to attack the so-called income tax; that can not be done because of the contractual/voluntary nature of the beast. This is also why the agencies of the government are very careful to keep Social Security entirely voluntary. Once that voluntary part goes away, then, and only then, can a lawsuit against the 'income tax' succeed.
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