Will our government "hang" Irwin Schiff?
While researching the soon-to-occur (Sept 12) trial of Irwin Schiff, I read the last motions, the government's Motion in Limine and Schiff's response to same as well as the ruling of the "judge" denying 4 of 5 motions. I would title the "judge's" ruling "As The Scam Still Churns".
Schiff, early on in the motion process, questioned the court's jurisdiction in criminal matters pertaining to Title 26 Subtitle A. The ruling of the "judge" is quite slyly written. For example, Schiff has made it painfully clear by citing statutes showing that the government has NO jurisdiction over criminal cases because Congress has never legislated the right of the federal courts to hear criminal tax cases regarding Title 26 Subtitle A - Income Taxes. The judge in his ruling stated, That Schiff contends "[t]hat Congress has not granted federal courts jurisdiction over criminal prosecutions concerning federal taxes". [emphasis mine] Note the absence of the word income between federal and taxes. Real nice.
Not even an idiot could miss this blatant attempt to subvert the statutes in question. Not even an idiot could have missed Schiff's well defined, backed-by-statute points on subject matter jurisdiction. Not even an idiot could miss the fact that the court (before Schiff's arraignment) ignored Schiff's willingness to plead guilty if they would just produce "[a]ny statute that makes defendant Schiff 'liable' for income taxes" at the arraignment. Not even an idiot thoroughly reading Schiff's motions before the court could miss the well researched works and how painfully clear Schiff is about citing the statutes, court cases and inclusions of IRS publications and articulating the truths of the matter.
Further, the "judge" stated that Schiff "[p]arses phrases, splices commas and transplants legal snippets in an attempt to support arguments the courts have repeatedly rejected as frivolous." What a liar! Read all of Schiff's motions and see if you can agree with such nonsense and flim flam. Oh yah, and then there's that darn word again frivolous. An intelligent argument about federal income tax liability is ALWAYS frivolous when it does NOT follow the government's path to extorting from those who owe NOTHING.
And finally, the "judge" makes the assinine statement that all of Schiff's cited court cases are over 30 years old! So what! They have NEVER been overruled! They are supreme Court cases and stand as decided to this day. Schiff acknowledges and know only too well that they are simply ignored by lower courts and also by the U.S. supreme Court.
I smell a railroading upon us once again ala Simkanin. This MUST stop! We all need to totally and unanimously support the Judicial Accountability Initiative Legislation and especially we need to help the immediate effort ongoing in South Dakota!
Some may say that my plea here is selfish in light of the devastation on the Gulf Coast. While I agree that that is an extremely important issue, the actions and motivation by the federal government there are very questionable to say the least. I will save that argument for another day. Yes, support the PRIVATE efforts to aid those in need after Hurricane Katrina any way you can.
PLEASE also think of your future, your kids' and grandkids' futures and help get the J.A.I.L. initiative through. See it for the strong advocation of straight and narrow, Constitutionally based rulings of a properly restrained judiciary that J.A.I.L. will bring to our courts (which are now oh-so tainted in the thick of the federal cake walk and current jackbooted march to tyranny).
Please read about it to understand the vital importance of this measure to secure our courts. Please lend your support to the national J.A.I.L. and to the immediate efforts in South Dakota through your donations, your prayers and your activism.
Whether you feel it or realize it or not on a personal level, our collective liberty and government restraining Constitution is in the most perilous state EVER in our nation's history!
I hope I have stated my case well enough to get you to look, learn about and take massive action by donating, praying, helping, speaking out in support of J.A.I.L. - and do it soon!