Achilles
06-17-2007, 01:34 PM
BENSON & JACKSON: IT'S OUR FIGHT TOO
PART 1 & 2
By: Devvy
June 14, 2007
"We must all hang together, or assuredly we shall all hang separately." Benjamin Franklin at the signing of the Declaration of Independence
The IRS has filed formal criminal charges against Sherry Jackson. There's also an important update in the Benson matter.
For those who might not know about this remarkable woman, Sherry is not only highly intelligent, she's a fearless fighter for truth and liberty. Sherry, like Joseph Banister, former Criminal Investigator (CID) for the IRS, spent a couple of years investigating the Internal Revenue Code and came to the conclusion that the IRS was deliberately misapplying the code against the majority of unsuspecting Americans. And, just like Joseph, Sherry quit her job with the IRS at great financial sacrifice. Joseph Banister was tried and thank God, acquitted in June 2005; his lead counsel was Jeff Dickstein and Bob Bernhoft. The story of Joseph's ordeal can be found at the bottom of this column; see the links.
Who is Sherry Jackson? These are her words from a speech she made in 2002; no one says it better:
”My name is Sherry Peel Jackson. I became a Certified Public Accountant in 1987, I was an Internal Revenue Agent in the Atlanta District for 7 years, and I became a Certified Fraud Examiner in 2001. I am here to summarize the tales of ignorance and deception that you have heard over the last two days and I am here to inform you of the state of the nation so that you may choose your next course of action. You have heard the truth of how the Internal Revenue Service, Department of Justice, Federal Reserve and politicians have perpetuated this smoke and mirrors - dog and pony show on you the American people for over 88 years. You have heard of American families devastated by the invasion of privacy and unbridled fear placed upon them through threats of liens, levy's and even jail time. In my tenure as an IRS agent, I personally saw marriages broken, families torn apart, homes confiscated and businesses destroyed - all while my colleagues and I were out making unjust demands on the American people - without the proper authority. Now, you be the judge.
”You have seen that Commissioner Charles Rosatti, Dan Bryant, the majority of our congressional delegation and other civil servants have refused to do their jobs. It would have been as simple as answering the questions of these well-educated researchers in a public forum, such as this one. But they have reneged, so you be the judge. You have learned that the Constitution of the United States of America has been trampled on and ignored through allowing the privately owned Federal Reserve to create paper currency and charge you 47 million dollars in interest per hour - money coming from the mouths of your children and the college education funds of your grandchildren, all the while the children and grandchildren of the owners of the Federal Reserve will never have to work a day in their lives, and that is wrong, on so many different levels.
”And let me tell you, that as a black woman I am keenly aware of the history of slavery. But do you understand that we are all slaves to this system? Do you understand that the media and Hollywood play a part keeping the American people so fixated on Alley McBeal, WWF Smackdown, Moeisha and the Practice that we don't take time to read the Creature from Jekyll Island, study the Internal Revenue Code and learn the Constitution? Now, let me spend just a minute to address my culture. Do you realize that the so called black leaders make millions of dollars every year playing the "us against them" role - keeping blacks focused on the race card and away from the real issue - the theft of our future through taxation.
”These publicity mongers are well aware of the oppression brought on by income taxation, they love to march on Washington about racial profiling and civil rights, not to say that these are not real problems, but these leaders have been too afraid to approach the powers that be and have a million man, woman, boy, girl march about economic freedom from income taxation and restoration of constitutional rights. (And they have the nerve to call Clarence Thomas an Uncle Tom.) Also, there's been a lot of talk about reparations lately, but know this: If all Americans were able to keep the money withheld from their paychecks every year, that money would enable them to home school, start their own business and boost the economy, save for college and retirement, even buy that 40 acres and a mule. So, you be the judge. You need to understand that with an Internal Revenue Code, Code of Federal Regulations, and other "official documents" spouting off several different definitions of United States, Internal Revenue Service and other important terms, this deception that keeps people ignorant is not a coincidence. The writers of the Code used semantics and legalese to make us think that we are required to pay the income tax and file an income tax return. Former IRS commissioner Shirley Peterson even stated that, and I quote, "Eight decades of amendments to (the) code have produced a virtually impenetrable maze. The rules are unintelligible to most citizens. The rules are equally mysterious to many government employees who are charged with administering and enforcing the law." End quote.
”This fraud was strung together by people like the former president that said "it depends on what your definition of is is" and "it depends on what your definition of sex is". This incident showed us that definitions are very important to politicians and lawyers, and no word is meaningless. For example, it does depend on what the definition of "source" is.
”The opposition, in an attempt to keep the sheeple in the flock, will scoff at us and encourage unaware Americans to ridicule those of us who have been informed, saying, "these people just don't want to pay their fair share." We have already learned from a speech by former Federal Reserve Chairman Beardsley Rhuml that this country doesn't need income taxes for revenue. This money collected from our sweat and tears is used to perpetuate redistribution of wealth, among other things. But the powers that be keep beating the people over the head with this "fair share' garbage. Well, what is fair share? Haven't the families of the victims in New York City and the pentagon paid their fair share? Haven't the men and women that lost sons and daughters, husbands in wives in Vietnam, Korea and the other battles paid their fair share? So you see, this tactic to pit those that are uninformed of the income tax fraud against those who have seen the light is baseless and must be eliminated!
”The opposition also uses our religious faith to twist the meaning of authority and to create unjust statutes. People, I know godly authority and our current system does not reflect godly authority. Many of our past and present religious leaders have been jailed for questioning authority. They have been beaten, starved and even killed for their faith and their defiance of injustice. People of America - is what you're living for worth dying for? Are you willing to take a stand? It's your choice. The creators of this Creature called the income tax, engineered their system to manipulate you into staying in your comfort zones. With a little bit of patriotism and a little bit of fear tactic mixed into a pot of inflation and deflation, they have been able to keep the people confused, intimidated and obedient for over 88 years.
”But now the truth about the fraudulent origin and operations of the Federal Reserve System and the Internal Revenue Service have been revealed to the American people. You can no longer claim ignorance of the truth. You must acknowledge it or reject it. The choice is yours. And the consequences of your decision will rest on the shoulders of your children and future generations of Americans.
”You can remain an informed slave or you can get off of the plantation. You can remain engrossed in fear, or you can take a stand like Patrick Henry who shouted "give me liberty or give me death." You can stay hypnotized by "As The World Turns" and "The Guiding Light", or you can turn off the boob tube and read the Constitution, then go ask your elected representatives why they refuse to follow it. Remember that those elected representatives have sworn to uphold and defend our constitution.
”Remember that each of our elected representatives has pledged to serve our country first-not a political party, or certain privileged and special interests groups-but you, the American People. They are our public servants. In closing, we have shown you the truth. Now, for the sake of our Country and our children, we ask you to choose justice over injustice, unity over division, courage over fear, truth over ignorance, and liberty over economic slavery. We ask you to stand with us and let the voice of freedom be heard from every corner of our great country. It is time to end this long-standing injustice and tyranny over the American People. Thank you. Sherry Peel Jackson, CPA"
Sherry has retained Larry Becraft as her attorney. Larry was lead counsel in the Vernie Kuglin acquittal. I spoke with Larry Becraft on June 13, 2007 and he has confirmed the federal government has filed criminal charges against her per Section 7203 of the IRC; willful failure to file, four counts. Larry is a veteran criminal defense attorney with over 30 years experience, but he and Sherry's local counsel have to be paid. Sherry has spent years educating Americans regarding the fraudulent application of the IRC and inspiring them from coast to coast. Her personal sacrifices have been great and now her freedom is at stake. This is our fight, too. Funds can be sent for her defense fund to: Sherry Jackson, 1560 Fieldgreen Overlook, Stone Mountain, Georgia 30088
Part 2
I only regret that I have but one life to lose for my country." Nathan Hale, Captain in the Continental Army, American Revolution, hung by the British at age 21
I had the privilege, although I wish it had been under different circumstances, to watch Jeff Dickstein in a federal courtroom. This man, along with veterans like Larry Becraft, Donald MacPherson, Bob Bernhoft and others, have given huge chunks of their lives in defending those who would stand up for the truth. Most of the time these lawyers never get paid their full billing amount. They do what they do because they must. In Part I at the bottom, I gave you the links to the background and facts regarding Bill Benson's critically important case. Here is Jeff's latest update and request, June 11, 2007:
"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 web site. The complete list can be obtained off of the governments electronic case filing system. 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, Attorney at Law, 500 W. Bradley Rd., C-208, Fox Point, WI 53217, jdlaw@wi.rr.com
I love Bill Benson, who is now 80; this decades long ordeal has taken a terrible toll on his health and his wonderful wife, Lorraine. Those who have followed Bill's saga over the past three decades know the degree to which the federal government has gone to destroy his life. Bill Benson and his legal team need our help because what he's done in exposing the fraudulent ratification of the Sixteenth and Seventeen Amendments, well, it's his destiny and this nation should be grateful. Just like Joseph Banister and Sherry Jackson and so many others. And yes, you can bet the fear is there for their futures, but courage and a burning need for the truth and justice over comes that fear and true patriots act.
I know about fear. A long time ago I should have died on the operating table and didn't. Back in May 1973, I kept having this pain in my right side. On May 23, 1973, I woke up and knew I was going to die. I knew it, I could taste it in my mouth and my body was telling me this was going to happen. An ambulance was called and later that night I woke up in the hospital. I woke up looking at a Catholic priest giving me my last rites. I woke up with tubes in every part of my body; I could say nothing because I had a tracheal tube down my throat.
Despite the stupor of morphine, I will always remember those minutes. I heard the doctor say that I had to fight if I wanted to live; if I could make it through the next 72 hours, well, it was iffy. I will always remember saying to myself, "I'm not going die. I won't." A little while later, the man in the ICU unit next to me flat lined. The fear in my belly and my mind was overwhelming. I was only 24 years old and I didn’t want to die. What happened? I had acute abdominal aneurysm. The big aorta that goes down the side of your body and supplies blood to your legs - mine broke and was pumping blood into my stomach and ruptured my appendix.
The longest of the several scars on the front of my body required 117 stitches. Back then they didn't have all the fancy surgical methods they do now. I was gutted like a fish to save my life. Because of the extent of this horrendous, intrusive surgery, I had nightmares for years. I could feel the scalpel cutting into my body and it would wake me from a deep sleep, because I could still feel it in my dreams. My subconscious mind recorded all of it even though I was out during those hours the doctors frantically worked to save my life.
I survived the aneurysm and yes, I was very afraid. There is no medical reason why I lived, but I believe I was supposed to. I believe that my journey from that day to this, was one I had to take to eventually get where I am today. This is my destiny, a path I undertook almost 18 years ago because I had no choice. When I found out the treachery underway to destroy my country, I could not close my eyes to the painful truth. It is the same with Joseph, Bill and Sherry. It is their destiny not to sit on the sidelines, but to lead and inspire, to sacrifice no matter the cost to them personally because they love this country and all she has stood for and all America will stand for in the future.
http://newswithviews.com/Devvy/kidd278.htm
PART 1 & 2
By: Devvy
June 14, 2007
"We must all hang together, or assuredly we shall all hang separately." Benjamin Franklin at the signing of the Declaration of Independence
The IRS has filed formal criminal charges against Sherry Jackson. There's also an important update in the Benson matter.
For those who might not know about this remarkable woman, Sherry is not only highly intelligent, she's a fearless fighter for truth and liberty. Sherry, like Joseph Banister, former Criminal Investigator (CID) for the IRS, spent a couple of years investigating the Internal Revenue Code and came to the conclusion that the IRS was deliberately misapplying the code against the majority of unsuspecting Americans. And, just like Joseph, Sherry quit her job with the IRS at great financial sacrifice. Joseph Banister was tried and thank God, acquitted in June 2005; his lead counsel was Jeff Dickstein and Bob Bernhoft. The story of Joseph's ordeal can be found at the bottom of this column; see the links.
Who is Sherry Jackson? These are her words from a speech she made in 2002; no one says it better:
”My name is Sherry Peel Jackson. I became a Certified Public Accountant in 1987, I was an Internal Revenue Agent in the Atlanta District for 7 years, and I became a Certified Fraud Examiner in 2001. I am here to summarize the tales of ignorance and deception that you have heard over the last two days and I am here to inform you of the state of the nation so that you may choose your next course of action. You have heard the truth of how the Internal Revenue Service, Department of Justice, Federal Reserve and politicians have perpetuated this smoke and mirrors - dog and pony show on you the American people for over 88 years. You have heard of American families devastated by the invasion of privacy and unbridled fear placed upon them through threats of liens, levy's and even jail time. In my tenure as an IRS agent, I personally saw marriages broken, families torn apart, homes confiscated and businesses destroyed - all while my colleagues and I were out making unjust demands on the American people - without the proper authority. Now, you be the judge.
”You have seen that Commissioner Charles Rosatti, Dan Bryant, the majority of our congressional delegation and other civil servants have refused to do their jobs. It would have been as simple as answering the questions of these well-educated researchers in a public forum, such as this one. But they have reneged, so you be the judge. You have learned that the Constitution of the United States of America has been trampled on and ignored through allowing the privately owned Federal Reserve to create paper currency and charge you 47 million dollars in interest per hour - money coming from the mouths of your children and the college education funds of your grandchildren, all the while the children and grandchildren of the owners of the Federal Reserve will never have to work a day in their lives, and that is wrong, on so many different levels.
”And let me tell you, that as a black woman I am keenly aware of the history of slavery. But do you understand that we are all slaves to this system? Do you understand that the media and Hollywood play a part keeping the American people so fixated on Alley McBeal, WWF Smackdown, Moeisha and the Practice that we don't take time to read the Creature from Jekyll Island, study the Internal Revenue Code and learn the Constitution? Now, let me spend just a minute to address my culture. Do you realize that the so called black leaders make millions of dollars every year playing the "us against them" role - keeping blacks focused on the race card and away from the real issue - the theft of our future through taxation.
”These publicity mongers are well aware of the oppression brought on by income taxation, they love to march on Washington about racial profiling and civil rights, not to say that these are not real problems, but these leaders have been too afraid to approach the powers that be and have a million man, woman, boy, girl march about economic freedom from income taxation and restoration of constitutional rights. (And they have the nerve to call Clarence Thomas an Uncle Tom.) Also, there's been a lot of talk about reparations lately, but know this: If all Americans were able to keep the money withheld from their paychecks every year, that money would enable them to home school, start their own business and boost the economy, save for college and retirement, even buy that 40 acres and a mule. So, you be the judge. You need to understand that with an Internal Revenue Code, Code of Federal Regulations, and other "official documents" spouting off several different definitions of United States, Internal Revenue Service and other important terms, this deception that keeps people ignorant is not a coincidence. The writers of the Code used semantics and legalese to make us think that we are required to pay the income tax and file an income tax return. Former IRS commissioner Shirley Peterson even stated that, and I quote, "Eight decades of amendments to (the) code have produced a virtually impenetrable maze. The rules are unintelligible to most citizens. The rules are equally mysterious to many government employees who are charged with administering and enforcing the law." End quote.
”This fraud was strung together by people like the former president that said "it depends on what your definition of is is" and "it depends on what your definition of sex is". This incident showed us that definitions are very important to politicians and lawyers, and no word is meaningless. For example, it does depend on what the definition of "source" is.
”The opposition, in an attempt to keep the sheeple in the flock, will scoff at us and encourage unaware Americans to ridicule those of us who have been informed, saying, "these people just don't want to pay their fair share." We have already learned from a speech by former Federal Reserve Chairman Beardsley Rhuml that this country doesn't need income taxes for revenue. This money collected from our sweat and tears is used to perpetuate redistribution of wealth, among other things. But the powers that be keep beating the people over the head with this "fair share' garbage. Well, what is fair share? Haven't the families of the victims in New York City and the pentagon paid their fair share? Haven't the men and women that lost sons and daughters, husbands in wives in Vietnam, Korea and the other battles paid their fair share? So you see, this tactic to pit those that are uninformed of the income tax fraud against those who have seen the light is baseless and must be eliminated!
”The opposition also uses our religious faith to twist the meaning of authority and to create unjust statutes. People, I know godly authority and our current system does not reflect godly authority. Many of our past and present religious leaders have been jailed for questioning authority. They have been beaten, starved and even killed for their faith and their defiance of injustice. People of America - is what you're living for worth dying for? Are you willing to take a stand? It's your choice. The creators of this Creature called the income tax, engineered their system to manipulate you into staying in your comfort zones. With a little bit of patriotism and a little bit of fear tactic mixed into a pot of inflation and deflation, they have been able to keep the people confused, intimidated and obedient for over 88 years.
”But now the truth about the fraudulent origin and operations of the Federal Reserve System and the Internal Revenue Service have been revealed to the American people. You can no longer claim ignorance of the truth. You must acknowledge it or reject it. The choice is yours. And the consequences of your decision will rest on the shoulders of your children and future generations of Americans.
”You can remain an informed slave or you can get off of the plantation. You can remain engrossed in fear, or you can take a stand like Patrick Henry who shouted "give me liberty or give me death." You can stay hypnotized by "As The World Turns" and "The Guiding Light", or you can turn off the boob tube and read the Constitution, then go ask your elected representatives why they refuse to follow it. Remember that those elected representatives have sworn to uphold and defend our constitution.
”Remember that each of our elected representatives has pledged to serve our country first-not a political party, or certain privileged and special interests groups-but you, the American People. They are our public servants. In closing, we have shown you the truth. Now, for the sake of our Country and our children, we ask you to choose justice over injustice, unity over division, courage over fear, truth over ignorance, and liberty over economic slavery. We ask you to stand with us and let the voice of freedom be heard from every corner of our great country. It is time to end this long-standing injustice and tyranny over the American People. Thank you. Sherry Peel Jackson, CPA"
Sherry has retained Larry Becraft as her attorney. Larry was lead counsel in the Vernie Kuglin acquittal. I spoke with Larry Becraft on June 13, 2007 and he has confirmed the federal government has filed criminal charges against her per Section 7203 of the IRC; willful failure to file, four counts. Larry is a veteran criminal defense attorney with over 30 years experience, but he and Sherry's local counsel have to be paid. Sherry has spent years educating Americans regarding the fraudulent application of the IRC and inspiring them from coast to coast. Her personal sacrifices have been great and now her freedom is at stake. This is our fight, too. Funds can be sent for her defense fund to: Sherry Jackson, 1560 Fieldgreen Overlook, Stone Mountain, Georgia 30088
Part 2
I only regret that I have but one life to lose for my country." Nathan Hale, Captain in the Continental Army, American Revolution, hung by the British at age 21
I had the privilege, although I wish it had been under different circumstances, to watch Jeff Dickstein in a federal courtroom. This man, along with veterans like Larry Becraft, Donald MacPherson, Bob Bernhoft and others, have given huge chunks of their lives in defending those who would stand up for the truth. Most of the time these lawyers never get paid their full billing amount. They do what they do because they must. In Part I at the bottom, I gave you the links to the background and facts regarding Bill Benson's critically important case. Here is Jeff's latest update and request, June 11, 2007:
"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 web site. The complete list can be obtained off of the governments electronic case filing system. 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, Attorney at Law, 500 W. Bradley Rd., C-208, Fox Point, WI 53217, jdlaw@wi.rr.com
I love Bill Benson, who is now 80; this decades long ordeal has taken a terrible toll on his health and his wonderful wife, Lorraine. Those who have followed Bill's saga over the past three decades know the degree to which the federal government has gone to destroy his life. Bill Benson and his legal team need our help because what he's done in exposing the fraudulent ratification of the Sixteenth and Seventeen Amendments, well, it's his destiny and this nation should be grateful. Just like Joseph Banister and Sherry Jackson and so many others. And yes, you can bet the fear is there for their futures, but courage and a burning need for the truth and justice over comes that fear and true patriots act.
I know about fear. A long time ago I should have died on the operating table and didn't. Back in May 1973, I kept having this pain in my right side. On May 23, 1973, I woke up and knew I was going to die. I knew it, I could taste it in my mouth and my body was telling me this was going to happen. An ambulance was called and later that night I woke up in the hospital. I woke up looking at a Catholic priest giving me my last rites. I woke up with tubes in every part of my body; I could say nothing because I had a tracheal tube down my throat.
Despite the stupor of morphine, I will always remember those minutes. I heard the doctor say that I had to fight if I wanted to live; if I could make it through the next 72 hours, well, it was iffy. I will always remember saying to myself, "I'm not going die. I won't." A little while later, the man in the ICU unit next to me flat lined. The fear in my belly and my mind was overwhelming. I was only 24 years old and I didn’t want to die. What happened? I had acute abdominal aneurysm. The big aorta that goes down the side of your body and supplies blood to your legs - mine broke and was pumping blood into my stomach and ruptured my appendix.
The longest of the several scars on the front of my body required 117 stitches. Back then they didn't have all the fancy surgical methods they do now. I was gutted like a fish to save my life. Because of the extent of this horrendous, intrusive surgery, I had nightmares for years. I could feel the scalpel cutting into my body and it would wake me from a deep sleep, because I could still feel it in my dreams. My subconscious mind recorded all of it even though I was out during those hours the doctors frantically worked to save my life.
I survived the aneurysm and yes, I was very afraid. There is no medical reason why I lived, but I believe I was supposed to. I believe that my journey from that day to this, was one I had to take to eventually get where I am today. This is my destiny, a path I undertook almost 18 years ago because I had no choice. When I found out the treachery underway to destroy my country, I could not close my eyes to the painful truth. It is the same with Joseph, Bill and Sherry. It is their destiny not to sit on the sidelines, but to lead and inspire, to sacrifice no matter the cost to them personally because they love this country and all she has stood for and all America will stand for in the future.
http://newswithviews.com/Devvy/kidd278.htm