An Open Letter To All Who Curse The Darkness

Regarding a massive government acknowledgement of the truth; a massive government effort to evade; and a massively corrupt judicial precedent about to take root.

This article is long, my friends, but it is important, and rich with links to previously unseen documentation. Please read it all, and share it around, too.

I THINK WE CAN WE ALL AGREE that where the establishment of corrupt and evil state practices is concerned, an ounce of prevention is worth a pound of cure. It is a whole lot easier to stop a dangerous precedent from being created than to dislodge one once in place.

In light of that wisdom, it seems plain that when an evil precedent-creation-in-progress is exposed, it is the duty of every responsible American to raise the hue and cry until the threat to our liberties and the rule of law is abandoned. This is especially true when the evil is being committed not just by a lone villain but by a team in both the executive and the judiciary, and is clearly meant to "normalize" the corruption being practiced.

Right now, just such an evil precedent-creation is in progress. And it's a doozy, spelling the death of due process in federal courts.

HERE'S THE BACKGROUND: Eight years ago, initial government efforts to suppress a book revealing long-obscured and institutionally-evaded facts about the income had collapsed. Faced with a steadily-increasing number of Americans demanding (and receiving) complete refunds of amounts taken from them as "income taxes" through exploitation of their prior ignorance, the tax division of the USDOJ and a panicky IRS tried again by way of a contrived "lawsuit" against the author of the revelatory book.

The suit (which ended up before one of the judges involved in the failed prior efforts) alleged that refunds made to the author and his wife of all that had been withheld from them in 2002 and 2003 were just big mistakes. The suit falsely claimed that the government had made the refunds because it was unaware that the couple had had earnings during those years, and now that it realized the truth, it wanted the money back.

In fact, the government had received both W-2 and 1099 forms from those who had paid the couple for their work and was well aware at the time the refunds were issued that considerable amounts had been paid to them. The attorney responsible for the "lawsuit" was forced to eventually admit this when questioned under oath years later (and, of course, the refunds themselves put the lie to this absurd pretense, consisting, as they did, of tens of thousands of dollars that had been withheld from the couple).

Further, prior to making these refunds the IRS had fussed with each of the couple's claims for months on end before finally issuing them. And, of course, the claims involved were those of the author of that book which the IRS was vigorously trying to have enjoined during the very same period in which each of these refunds was eventually issued.

That initial and ultimately abandoned suppression effort-- which was predicated on characterizing what was revealed in the book as false-- began in August of 2003, and the couple's first refund wasn't issued until November of that year. Their second refund was issued in September of 2004, at the very time the initial bogus assaults on the book were well underway in courts in both Michigan and California.

Plainly, the claim by this tax division DOJ attorney that these long-fussed-over refunds of every penny withheld, including Social security and Medicare taxes, were just mistakes that "slipped through the cracks" was false. Add in the fact that they were made to the author of a book that explains how and why exactly such refunds are proper and compulsory whom the same DOJ tax division-- at the IRS's insistence-- was simultaneously suing in multiple courts in hope of having the book suppressed, and the "mistakes" assertion was ludicrously, almost comically mendacious.

HOWEVER, HONESTY HAD NOTHING TO DO WITH THIS "LAWSUIT". The object of this corrupt exercise was suppression of the revelatory book by other means, the initial injunctive efforts having failed.

The new game plan was to fabricate the appearance that a court had considered the arguments of the book and found them wanting, so that word could go out to that effect. While the book would still be available, Americans who might otherwise read it and learn the truth about the tax-- the very truth that had compelled the issuance of the refunds being lied about in the lawsuit-- wouldn't bother.

But there was a problem. The falsehood about the refunds being just "mistakes" served as a pretext for bringing a complaint under the "erroneous refund" statute (however corruptly), but the government still had no grounds for alleging that the couple owed any taxes for the years involved.

Not to worry though. Where there are no scruples, there is always a way, so...

The government asked the court to order the couple to declare-- under oath-- that they repudiated their previous freely-made testimony to the contrary and now believed themselves to have done taxable things and to be in debt to the government. If made, such declarations would establish the otherwise non-existent tax debts.

(Tellingly, government officials could also make these declarations over a sworn signature and establish, prima facie, the alleged tax debts on which this bogus suit was predicated, but none has ever been willing to do so. Equally telling, even now, more than ten years since each of these refunds were issued, and despite all the intense government attention discussed above and below, there has still never been a tax assessed on these folks for those years, as is shown in the Treasury Department Certificates of Assessment and IRS transcripts seen here.)

Of course, even corrupt judges need pretexts for their actions, especially wildly improper actions like what was being asked for in this case. So the government and the court undertook a series of further falsehoods.

STEP ONE: The government alleged that the book this whole shabby corruption was trying to keep Americans from reading-- Cracking the Code- The Fascinating Truth About Taxation In America (CtC)-- argues that only federal, state and local government workers are subject to the income tax. This is a patently frivolous notion which CtC very plainly not only does not argue, but decisively debunks.

Indeed, though very few Americans filing in harmony with the revelations of the book are government workers of any description, many-- including the author-- have occasion to report the receipt of "income" of various kinds and in various amounts most or all years. Clearly, these private-sector CtC-educated Americans acknowledge themselves capable of being subject to the tax, and would-- and do-- find themselves liable should their "income" exceed the exemption amount.

Nonetheless, and despite being clearly put on notice to the contrary, the judge played her part. She "found" this false ascription of a nonsensical argument to CtC to be true as part of a formal judicial ruling, even though she never actually read the book.

Based on this "false and frivolous argument in CtC" fraud, the court also "found" that the couple's original, freely-made testimony regarding the taxable character of their earnings for the years in question-- which was declaredly in harmony with the book-- was false (meaning "they don't really believe what they say they do about their earnings").

STEP TWO: The government introduced as an exhibit a purported IRS "Examination Report" bearing numbers which would suggest, if taken at face value, a specialist's conclusion that the couple actually had earned "income" subject to tax and owed accordingly. In actuality, the report was bogus, as was admitted by the examiner herself in an associated--but separate-- declaration:

(Think about this for a moment. Despite all the pretenses of "error" and "false and frivolous arguments" and their intense interest in this case, the IRS and DOJ couldn't gin up a formal conclusion that this couple owed any tax on their earnings for these years, and instead were compelled to resort to this fraudulent pretense! It's hard to imagine a more definitive acknowledgement of the accuracy and unassailability of the book all this is meant to discourage Americans from reading.)

STEP THREE: The judge issues a ruling (actually written in its entirety by the DOJ attorney) but bearing the judge's signature. In this ruling the judge "finds" in the book she never read the absurd argument the government needs to be "found" there in order to make this all work, and "finds" that the couple had "income" and is liable for taxes which the IRS itself left-handedly admits they are not by failing to produce a real "examination report" saying otherwise and deploying a fake one instead, and which it will not assess even now, twelve and thirteen years after the periods in question and eight years since this "ruling".

More, this ruling adopts the government's requested "remedy" for its problems in this case, and orders the couple to declare they believe that they owe the government the taxes the IRS will not declare to be owed but which were "found" by the judge. This is the critical element of the whole scheme, because if done, such declarations give the whole corrupt project legitimacy, and take everyone who has participated off the hook for their crimes.

The judge also grants another request of the government. She issues an order prohibiting the couple from ever filing a return in the future "based on the false and frivolous claim in 'Cracking the Code' that only federal, state and local government workers are subject to the tax" which was "found" there by the judge who never read the book.

The purpose of this second order is a bit harder to fathom, but it is likely meant to equip the DOJ and IRS (and their cadre of supporters in the tax-preparation and litigation industries) with PR material for the discouragement of potential readers of CtC. In fact, in her DOJ-written "ruling" the judge actually refers to an alleged government interest in discouraging inconvenient testimony by other Americans as a rationalization for the order-- what legitimate court rulings describe as "chilling speech". (In a happy irony, this effort has back-fired as tens of thousands of CtC readers file returns based on what really IS in the book and receive billions in complete refunds, dramatically emphasizing that these judicial "findings" that the book makes these or any other "false and frivolous" claims about the law are simply corrupt frauds meant to mislead the American public.)

In any event, what matters for purpose of this discussion is that, like the order commanding the couple to declare they believe their 2002 and 2003 earnings to be taxable and thereby enable the government to claim ownership of their property, this second order dictating what they are NOT to say also violates the First and Fifth Amendment in the same degree. It just does it in reverse.

By the way, all of this happened without so much as a single hearing. At no point did the couple get a chance to actually confront anyone or challenge anything the judge was "finding" to be true. Their demand for a jury trial in the case was ignored (and never even acknowledged).

And all of these corruptions, frauds and illegitimating improprieties notwithstanding, the "ruling" in this case has been being touted by the government and its troll-associates as its evidence that "the courts have ruled against CtC". Properly understood, of course, this "ruling" is actually evidence that the government hasn't a shred of legitimate challenge to CtC, and has, in fact, entirely surrendered to its revelations. The only reason for all this lying is a lack of honest argument.

SO FAST-FORWARD TO 2013. All hope of discouraging the reading of CtC and its inconvenient, individual-liberating and state-restraining truth have been dashed. More and more Americans are reclaiming collected but never-actually-owed taxes, and are increasingly pissed at having to go through the hassles of doing so. Scholarship on the truth about the tax continues to advance.

Being the psychos that they are, the corrupt elements of the state responsible for all this fraud lash out. The wife of the couple at whom the bogus, rights-violating lawsuit was aimed is indicted on a charge of criminal contempt of court for resisting the orders made back in 2007 and exercising her rights of speech, conscience and due process.

The new case ends up in the courtroom of a colleague of the earlier judge, and another one of those who presided over the original efforts against CtC... Two trials ensue.

Desperately anxious to hedge the pretense of legitimacy of the lawsuit and its outcome with the pretense of a jury verdict on its behalf, the government and judge put in the fix. A team of specialist gunslingers from the DOJ Tax division are flown in from Washington to do battle with this untrained, inexperienced and non-legally-oriented housewife and homeschooling mom, who defends herself.

By order of the judge, the validity of the lawsuit is not open for challenge. The jury is instructed that the unlawfulness or unconstitutionality of the orders involved is not a defense to the allegation that resisting them is a criminal offense.

The indictment and the instructions to the jury carefully misstate one of the orders from the lawsuit ruling. The actual order on this subject prohibits the filing of a return based on the alleged claim of CtC that only federal, state and local government workers are subject to the tax, but of course, the book doesn't say this.

 Knowing that it would be pretty difficult to get anywhere with an accusation of having violated an order prohibiting a completely fictional transgression, the indictment and the instruction to the jury misstate this order as prohibiting the filing of a "false" return-- something believed easier to put into the minds of jurors who are all victims of lifelong disinformation about the nature of the income tax. Even with this false ploy in place no chances are taken. The jury is also instructed that it need not unanimously agree that the defendant actually did either of the two possible acts of offense alleged in the indictment.

But all of this failed. Even with the lawless "unanimity" relief and all the other cheats afforded to the prosecutors, the jury deadlocks.

Eight-and-a-half months later, the government tries again. All the previous cheats remained in place, and this time the housewife was prevented from making her opening statement, was constantly hectored from the bench, and many of her exhibits were disallowed.

The reading to the jury of court rulings on speech rights and void judgments was thwarted, and in the end of trial, sensing another loss, the prosecutors engaged in a deliberate fraud, introducing previously unseen documents which were falsely declared to be proof that the initial failed efforts to suppress CtC way back in 2004 and 2005 discussed (and thoroughly documented) at the beginning of this commentary (and in which the trial judge was involved) were no such thing, but were instead really just a routine audit of the defendant's husband.

The falsely-represented documents, which themselves betrayed the falseness of what the prosecutors said about them but which the defendant was given no chance to examine at the time, were kept from the jury.

After trial, the fraud was proven, and then admitted by the prosecutors. Nonetheless, the judge has refused to overturn the falsely-secured guilty verdict returned by the jury this time. (A Motion to Vacate detailing the fraud can be seen here, with relevant exhibits here, here, here and here; and a Motion for Reconsideration detailing the misconstructions of the denial of that first motion-- with exhibits attached-- can be seen here.)

 SO, HERE COMES THE DARKNESS. On the 9th of April this viciously assaulted housewife and mother is due to be sentenced for her "crime" of resisting orders issued in a completely fraudulent judicial proceeding of eight years ago after suffering through two completely fraudulent criminal trials.

By this completion of the assault on one righteous and upright American woman, the assault on all our Constitutionally-guaranteed rights of speech, conscience and due process will also be completed. The evil precedent that a court can order someone to make dictated and false testimony favorable to a government case against her, and punish her for refusing, will be established.

Just as pernicious as the violation of speech and due process rights involved here is the pretense argued by the government throughout these trials-- which is that the juries should assume that what this woman was told to declare herself to believe really IS her belief, despite her sworn protestations to the contrary, because she had been told to say these things by government officials, and who could plausibly disbelieve what government officials said?

If this precedent is successfully planted in April, every American will have suffered, right then, a profound wound to what remains of the rule of law today. This one will be a bleeder, and impossible to undo without pounds of difficult cure.

Supreme Court Justice William O. Douglas famously said, "As nightfall does not come at once, neither does oppression. In both instances, there's a twilight where everything remains seemingly unchanged, and it is in such twilight that we must be aware of change in the air, however slight, lest we become unwitting victims of the darkness." Right now, in this case and the entire sequence of frauds that lie behind it, the chill and stink of corruption are in the air. We ignore them at our peril.

Raise a hue and cry.

Demand the honest attention of the media and everyone else. Blog and post and tweet to inform all you can of the liberating, state-restraining truth about the tax being revealingly evaded by the government and its courts. Be in Detroit on April 9 to show support for the rule of law and opposition to corruption.

Don't just curse the darkness that is falling, but fan your own flame and become a bright point of light against it.

NOTE: To all those clinging to denial of CtC's accuracy about the tax for whatever reason-- be it your own theories about the law; reflexive skepticism about anything contrary to your long-held beliefs, or whatever-- you must account for the facts and government behavior documented in the discussion above. Remember, an honest but mistaken man, upon being confronted with the truth, either ceases to be mistaken, or ceases to be honest.

NOTE II: What is presented above deals with only a portion of the continuous government efforts to suppress CtC over all of the years since its publication in 2003. A more comprehensive discussion of these efforts can be found here.

NOTE III: Are you a legal professional, or otherwise able to write a 'Friend of the Court' brief for filing, if possible, in Doreen's case? Contact me.