The USDC, as such, appear to lack any lawful authorities to prosecute income tax crimes. The USDC are legislative tribunals where summary proceedings dominate.
For example, under the federal statute at 28 U.S.C. 1292, the U.S. Courts of Appeal have no appellate jurisdiction to review interlocutory orders issued by the USDC. Further details on this point are available in the Press Release entitled “Private Attorney General Cracks Title 28 of the United States Code” and dated November 26, 2001 A.D.
24. Are federal judges required to pay income taxes on their pay, and what are the real implications if they do pay taxes on their pay?
Answer: No. Federal judges who are appointed to preside on the District Courts of the United States –- the Article III constitutional courts –- are immune from any taxation of their pay, by constitutional mandate.
The fact that all federal judges are currently paying taxes on their pay is proof of undue influence by the IRS, posing as a duly authorized agency of the Executive Branch. See Evans v. Gore, 253 U.S. 245 (1920).
Even if the IRS were a lawful bureau or department within the U.S. Department of the Treasury (which they are NOT), the existence of undue influence by the Executive Branch would violate the fundamental principle of Separation of Powers. This principle, in theory, keeps the 3 branches of the federal government confined to their respective areas, and prevents any one branch from usurping the lawful powers that rightly belong to the other two branches.
The Separation of Powers principle is succinctly defined in Williams v. United States, 289 U.S. 553 (1933); however, in that decision the Supreme Court erred by defining “Party” to mean only Plaintiffs in Article III, contrary to the definition of “Party” that is found in Bouvier’s Law Dictionary (1856).
The federal judiciary, contemplated by the organic U.S. Constitution, was intended to be independent and unbiased. These two qualities are the essence, or sine qua non of judicial power, i.e. without which there is nothing. Undue influence obviously violates these two qualities. See Evans v. Gore supra.
In Lord v. Kelley, 240 F.Supp. 167, 169 (1965), the federal judge in that case was honest enough to admit, in his published opinion, that federal judges routinely rule in favor of the IRS, because they fear the retaliation that might result from ruling against the IRS. There you have it, from the horse’s mouth!
In front of a class of law students at the University of Arizona in January of 1997, Chief Justice William H. Rehnquist openly admitted that all federal judges are currently paying taxes on their judicial pay. This writer was an eyewitness to that statement by the Chief Justice of the U.S. Supreme Court -– the highest Court in the land.
Thus, all federal judges are now material witnesses to the practice of concealing the Withholding Exemption Certificate from them, when they were first hired as “employees” of the federal judiciary. As material witnesses, they are thereby disqualified from presiding on all federal income tax cases.
25. Can federal grand juries issue valid indictments against illegal tax protesters?
Answer: No. Federal grand juries cannot issue valid indictments against illegal tax protesters. Protest has never been illegal in America, because the First Amendment guarantees our fundamental Right to express our objections to any government actions, in written and in spoken words.
Strictly speaking, the term “illegal” cannot modify the noun “protesters” because to do so would constitute a violation of the First Amendment in the Bill of Rights, one of the most magnificent constitutional provisions ever written.
Accordingly, for the term “illegal tax protester” to survive this obvious constitutional challenge, the term “illegal” must modify the noun “tax”. An illegal tax protester is, therefore, someone who is protesting an illegal tax. Such an act of protest is protected by the First Amendment, and cannot be a crime.
Protest is also recognized and honored by the Uniform Commercial Code; the phrases “under protest” and “without prejudice” are sufficient to reserve all of one’s fundamental Rights at law. See U.C.C. 1-207 (UCCA 1207 in California).
By the way, the federal U.C.C. is also municipal law. See the Answer to Question 19 above, and 77 Stat. 630, P.L. 88-243, December 30, 1963 (one month after President John F. Kennedy was murdered).
26. Do IRS agents ever tamper with federal grand juries, and how is this routinely done?
Answer: Yes. IRS agents routinely tamper with federal grand juries, most often by misrepresenting themselves, under oath, as lawful employees and “Special Agents” of the federal government, and by misrepresenting the provisions of subtitle F as having any legal force or effect. Such false representations of fact violate Section 43(a) of the Lanham Act, uncodified at 15 U.S.C. 1125(a). (Title 15 of the United States Code has not been enacted into positive law either.)
Cont ...