bryanleu2002
03-30-2008, 02:49 AM
I am not soliciting here, only conjecture and discussion. leaving the link out.
For almost a decade, Bob Schulz, the founder of the We The People organization, has been leading a nationwide program aimed at holding the federal Government accountable to the Constitution, with particular emphasis upon the Government’s violation of the war powers, tax, money and privacy clauses. The organization’s program rests on the individual’s Right to Petition the Government for a Redress of Grievances – an unalienable Right guaranteed by the last ten words of the First Amendment.
Amazingly, no court has ever declared the meaning of those ten words. However, by reviewing the historical annals of America, the original intent of the Founders is crystal clear: If Government violates the Constitution and the People Petition for Redress, the Government is obligated to respond. A Government that ignores the People is unfit to be the ruler of a Free People, who may (as our Founders expressly proclaimed) withdraw their support from the Government until their Grievances are Redressed.
Naturally, in claiming, exercising and promoting the Right of Redress, Bob and the organization have exercised their derivative Rights -- Free Speech, Free Press and Free Association.
However, rather than be held accountable to the Constitution by responding to the Petitions for Redress, the Government has attacked Bob and the organization in federal court, asking the Court to put a stop to the Petition process by preventing us from freely disseminating information which is highly damaging to the Government.
In a stunning development, the Judiciary has been found wanting, refusing to even discuss the meaning of the last ten words of the First Amendment, much less apply them to the facts of the WTP case. Instead, the Judicial Branch is openly cooperating with the Executive Branch in a collective decision to deny us our constitutionally guaranteed Rights.
We urge everyone to read the Decision and Order by the District Court and the key pleadings before the Court of Appeals (below), read about our activities that the Government is trying to censor and shut down, study the facts, and judge for yourself if the Court has even considered our constitutional arguments -- much less fulfilled their duty as the Judiciary to apply them to the facts of this case. Decide for yourself who is really committing crimes against the People.
Make no mistake. Bob and the WTP organization are in a pitched legal battle against the Government. At stake is nothing less than the People’s Creator-endowed Right to hold the Government accountable to the Constitution versus the Government’s (alleged) “right” to do whatever it wants, so long as no more than half the voting public objects.
Access all the "6700" lawsuit (http://www.wethepeoplefoundation.org/UPDATE/misc2007/6700-CourtDocsList.htm) documents (http://www.wethepeoplefoundation.org/UPDATE/misc2007/6700-CourtDocsList.htm)
The following are the primary legal documents
filed in IRS's "6700" civil lawsuit against WTP.
If you have problem opening a document,
please RIGHT-click to save it to your computer.
April, 2007 DOJ's 6700 "Abusive Tax Shelter" COMPLAINT against WTP (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/Complaint-IRSvWTP-6700.pdf) May, 2007 WTP's Motion to Dismiss (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/IRSvWTP-6700-MTD-May22.pdf) Declaration #1 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-1.pdf) -- Facts regarding WTP's "Operation Stop Withholding"
Declaration #2 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Dec-2.pdf) -- Facts establishing OSW is the exercise of the Right to Petition
Declaration #3 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-3.pdf) -- Facts regarding IRS's guise of a "6700" investigation June, 2007 DOJ Response & Motion for Summary Judgment (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700--US-ResponseWTP-MTD.pdf) and its Statement of Material Facts. (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-US-StatementMatFactsForSJ.pdf) Declaration of IRS Agent Nelson (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-IRS-Nelson.pdf)
Declaration of IRS Agent Weaver.pdf (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-IRS-Weaver.pdf)
Declaration of IRS Agent Gordon.pdf (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-IRS-Gordon.pdf)
Declaration of IRS Agent Engel.pdf (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-IRS-Engel.pdf) July, 2007 WTP's Opposition to Summary Judgment (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-WTP-Opp-SJ-Jul-2007.pdf) WTP Response to DOJ Statement of Material Facts Plus Add'l Material Facts (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-SMF-Plus-Additional.pdf)
Declaration #4 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-4.pdf) -- Cross-reference to key WTP/US communications
Declaration #5 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-5.pdf) -- Evidence establishing "Blue Folder" was not sold
Declaration #6 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-6.pdf) -- Evidence establishing US had actual Notice of key documents
(no Declaration #7)
Declaration #8 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-8.pdf) -- Evidence of key legislative changes to the tax laws, 1913-1917
Declaration #9 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-9.pdf) -- Incorporation of Right-to-Petition arguments from the (DC) RTP lawsuit
Declaration #10 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-10.pdf) -- Evidence, research regarding the "861 argument," Taxable Income August, 2007 USDC DECISION & ORDER Granting Summary Judgment & Injunction (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700InjunctionAug2007.pdf) August, 2007 WTP Motion for Reconsideration (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-WTP-Motion4Recon-8-19-07.pdf) & Declaration # 11 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Schuz-Decl-11.pdf) August, 2007 WTP Motion To Stay Injunction (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Memo-Mot2Stay.pdf) & Declaration #12 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-SchulzDecl-12.pdf) August, 2007 USDC DECISION & ORDER Denying Reconsideration & Stay (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-USDC-ORDER-Deny-Recon-Stay.pdf) August, 2007 WTP Motion to Modify Order (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Mot2ModifyOrder.pdf) & Declaration #13 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Schulz-Decl-13.pdf) August, 2007 USDC DECISION & ORDER Denying Motion to Modify (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-USDC-Order-Deny-Modify.pdf) (Denied without explanation) August 30, 2007 WTP EMERGENCY Motion to Stay Order Pending Appeal to 2nd Circuit US Court of Appeals (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-WTP-MOL-AppealSJ-2ndCircAug-2007.pdf) August 30, 2007 US COURT OF APPEALS ORDER, Partially Granting WTP Emergency Appeal Text of Order:
Before: Hon. Peter W. Hall, Circuit Judge
IT IS HEREBY ORDERED that the motion is GRANTED only as to paragraph c of
the District Court's Order (requiring production of "identification
information" etc. for the United States); deny as to remainder of District
Court's Order. The entire motion for a stay is referred to the next
available motions panel.
FOR THE COURT:
CATHERINE O'HAGAN WOLFE, Clerk Note: US COA 3-Judge panel to fully consider WTP's Emergency Appeal on or before Sept. 18th August 31, 2007 US COURT OF APPEALS ORDER, for Oral Arguments on Sept. 18th and DOJ response ASAP Text of Order:
Motion for stay of injunctive order and to
expedite the appeal has been added to the
substantive motions calendar for September
18, 2007**TO BE ARGUED**; any responsive
papers to calendar ASAP. [Entry date Aug 31 2007] [JC] Sept. 2007 DOJ Response (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-US-Reply-2ndCirc-Sep17-2007.PDF) opposing WTP Motion to Stay Sept. 2007 WTP Reply (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-WTP-COA-Reply-Sept-07.pdf) to DOJ Response Sept 18, 2007 AUDIO file of Oral Arguments (on Motion to Stay) at U.S. Court of Appeals
RIGHT-click (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/USCOA-AUDIO-Sept-07.wma) here (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/USCOA-AUDIO-Sept-07.wma). (3.9 MB, .wma) Sept. 20, 2007 US COURT OF APPEALS ORDER extends stay of full injunction enforcement pending full appeal Oct. 22, 2007 WTP Full Appeal (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-2ndCirc-Full-Appeal-Oct-2007.pdf) to 2nd Circuit COA Nov., 2007 DOJ Response to WTP Appeal (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-DOJ-Appeal-Resp-Nov-2007.pdf) Dec. 6, 2007 WTP Reply Brief (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-WTP-REPLY-Dec-2007.pdf) Feb. 8, 2008 Oral Arguments at 2nd. Circuit Court of Appeals (available soon!) Feb., 2008 PENDING: Decision of 2nd Circuit Circuit Court of Appeals (available soon!)
For almost a decade, Bob Schulz, the founder of the We The People organization, has been leading a nationwide program aimed at holding the federal Government accountable to the Constitution, with particular emphasis upon the Government’s violation of the war powers, tax, money and privacy clauses. The organization’s program rests on the individual’s Right to Petition the Government for a Redress of Grievances – an unalienable Right guaranteed by the last ten words of the First Amendment.
Amazingly, no court has ever declared the meaning of those ten words. However, by reviewing the historical annals of America, the original intent of the Founders is crystal clear: If Government violates the Constitution and the People Petition for Redress, the Government is obligated to respond. A Government that ignores the People is unfit to be the ruler of a Free People, who may (as our Founders expressly proclaimed) withdraw their support from the Government until their Grievances are Redressed.
Naturally, in claiming, exercising and promoting the Right of Redress, Bob and the organization have exercised their derivative Rights -- Free Speech, Free Press and Free Association.
However, rather than be held accountable to the Constitution by responding to the Petitions for Redress, the Government has attacked Bob and the organization in federal court, asking the Court to put a stop to the Petition process by preventing us from freely disseminating information which is highly damaging to the Government.
In a stunning development, the Judiciary has been found wanting, refusing to even discuss the meaning of the last ten words of the First Amendment, much less apply them to the facts of the WTP case. Instead, the Judicial Branch is openly cooperating with the Executive Branch in a collective decision to deny us our constitutionally guaranteed Rights.
We urge everyone to read the Decision and Order by the District Court and the key pleadings before the Court of Appeals (below), read about our activities that the Government is trying to censor and shut down, study the facts, and judge for yourself if the Court has even considered our constitutional arguments -- much less fulfilled their duty as the Judiciary to apply them to the facts of this case. Decide for yourself who is really committing crimes against the People.
Make no mistake. Bob and the WTP organization are in a pitched legal battle against the Government. At stake is nothing less than the People’s Creator-endowed Right to hold the Government accountable to the Constitution versus the Government’s (alleged) “right” to do whatever it wants, so long as no more than half the voting public objects.
Access all the "6700" lawsuit (http://www.wethepeoplefoundation.org/UPDATE/misc2007/6700-CourtDocsList.htm) documents (http://www.wethepeoplefoundation.org/UPDATE/misc2007/6700-CourtDocsList.htm)
The following are the primary legal documents
filed in IRS's "6700" civil lawsuit against WTP.
If you have problem opening a document,
please RIGHT-click to save it to your computer.
April, 2007 DOJ's 6700 "Abusive Tax Shelter" COMPLAINT against WTP (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/Complaint-IRSvWTP-6700.pdf) May, 2007 WTP's Motion to Dismiss (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/IRSvWTP-6700-MTD-May22.pdf) Declaration #1 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-1.pdf) -- Facts regarding WTP's "Operation Stop Withholding"
Declaration #2 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Dec-2.pdf) -- Facts establishing OSW is the exercise of the Right to Petition
Declaration #3 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-3.pdf) -- Facts regarding IRS's guise of a "6700" investigation June, 2007 DOJ Response & Motion for Summary Judgment (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700--US-ResponseWTP-MTD.pdf) and its Statement of Material Facts. (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-US-StatementMatFactsForSJ.pdf) Declaration of IRS Agent Nelson (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-IRS-Nelson.pdf)
Declaration of IRS Agent Weaver.pdf (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-IRS-Weaver.pdf)
Declaration of IRS Agent Gordon.pdf (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-IRS-Gordon.pdf)
Declaration of IRS Agent Engel.pdf (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-IRS-Engel.pdf) July, 2007 WTP's Opposition to Summary Judgment (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-WTP-Opp-SJ-Jul-2007.pdf) WTP Response to DOJ Statement of Material Facts Plus Add'l Material Facts (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-SMF-Plus-Additional.pdf)
Declaration #4 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-4.pdf) -- Cross-reference to key WTP/US communications
Declaration #5 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-5.pdf) -- Evidence establishing "Blue Folder" was not sold
Declaration #6 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-6.pdf) -- Evidence establishing US had actual Notice of key documents
(no Declaration #7)
Declaration #8 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-8.pdf) -- Evidence of key legislative changes to the tax laws, 1913-1917
Declaration #9 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-9.pdf) -- Incorporation of Right-to-Petition arguments from the (DC) RTP lawsuit
Declaration #10 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Decl-10.pdf) -- Evidence, research regarding the "861 argument," Taxable Income August, 2007 USDC DECISION & ORDER Granting Summary Judgment & Injunction (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700InjunctionAug2007.pdf) August, 2007 WTP Motion for Reconsideration (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-WTP-Motion4Recon-8-19-07.pdf) & Declaration # 11 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Schuz-Decl-11.pdf) August, 2007 WTP Motion To Stay Injunction (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Memo-Mot2Stay.pdf) & Declaration #12 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-SchulzDecl-12.pdf) August, 2007 USDC DECISION & ORDER Denying Reconsideration & Stay (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-USDC-ORDER-Deny-Recon-Stay.pdf) August, 2007 WTP Motion to Modify Order (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Mot2ModifyOrder.pdf) & Declaration #13 (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-Schulz-Decl-13.pdf) August, 2007 USDC DECISION & ORDER Denying Motion to Modify (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-USDC-Order-Deny-Modify.pdf) (Denied without explanation) August 30, 2007 WTP EMERGENCY Motion to Stay Order Pending Appeal to 2nd Circuit US Court of Appeals (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-WTP-MOL-AppealSJ-2ndCircAug-2007.pdf) August 30, 2007 US COURT OF APPEALS ORDER, Partially Granting WTP Emergency Appeal Text of Order:
Before: Hon. Peter W. Hall, Circuit Judge
IT IS HEREBY ORDERED that the motion is GRANTED only as to paragraph c of
the District Court's Order (requiring production of "identification
information" etc. for the United States); deny as to remainder of District
Court's Order. The entire motion for a stay is referred to the next
available motions panel.
FOR THE COURT:
CATHERINE O'HAGAN WOLFE, Clerk Note: US COA 3-Judge panel to fully consider WTP's Emergency Appeal on or before Sept. 18th August 31, 2007 US COURT OF APPEALS ORDER, for Oral Arguments on Sept. 18th and DOJ response ASAP Text of Order:
Motion for stay of injunctive order and to
expedite the appeal has been added to the
substantive motions calendar for September
18, 2007**TO BE ARGUED**; any responsive
papers to calendar ASAP. [Entry date Aug 31 2007] [JC] Sept. 2007 DOJ Response (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-US-Reply-2ndCirc-Sep17-2007.PDF) opposing WTP Motion to Stay Sept. 2007 WTP Reply (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-WTP-COA-Reply-Sept-07.pdf) to DOJ Response Sept 18, 2007 AUDIO file of Oral Arguments (on Motion to Stay) at U.S. Court of Appeals
RIGHT-click (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/USCOA-AUDIO-Sept-07.wma) here (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/USCOA-AUDIO-Sept-07.wma). (3.9 MB, .wma) Sept. 20, 2007 US COURT OF APPEALS ORDER extends stay of full injunction enforcement pending full appeal Oct. 22, 2007 WTP Full Appeal (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-2ndCirc-Full-Appeal-Oct-2007.pdf) to 2nd Circuit COA Nov., 2007 DOJ Response to WTP Appeal (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-DOJ-Appeal-Resp-Nov-2007.pdf) Dec. 6, 2007 WTP Reply Brief (http://www.wethepeoplefoundation.org/PROJECTS/Court-Docs/6700-WTP-REPLY-Dec-2007.pdf) Feb. 8, 2008 Oral Arguments at 2nd. Circuit Court of Appeals (available soon!) Feb., 2008 PENDING: Decision of 2nd Circuit Circuit Court of Appeals (available soon!)