Sunday, July 31, 2005
7/31/2005 10:25:00 AM
More Comments From Charlotte Smith
From : Charlotte Smith
Sent : Sunday, July 31, 2005 10:38 AM
Subject : Re: Dick Simkanin appeal.
I would like to offer a short comment on the posting dated Saturday, July 30, 2005 relating to the oral arguments of Dick Simkanin's Appeal before the U.S. Court of Appeals for the Fifth Circuit in New Orleans, on July 6, 2005, just to set the record straight. See link at http://dicksimkanin.blogspot.com/
I was not physically present at the hearing, and I did not post the statements that appear on the Dick Simkanin Blog Spot. I posted those statements to the "Show Me The Law" Discussion Group. The source of those statements, which I reported to the "Show Me The Law" Discussion Group, which ultimately appeared on the Dick Simkanin Blog Spot, were taken VERBATIM from a hand written, personal letter that I received from Dick Simkanin, himself, dated July 19, 2005. I did not challenge the source, nor the authenticity, of Dick's statements, as I took them at face value to be factual and accurate. Assuming that Dick conversed with his attorneys after the oral arguments were complete, perhaps the attorneys conveyed their "Feelings" to Dick much more enthusiastically than they shared with any other team members or observers.
If there are any questions relating to the statements posted, feel free to write to Dick Simkanin at:
Richard Michael Simkanin
REG# 30383-177 Unit F
Federal Correctional Institution
P. O. Box 7000
Texarkana, Texas 75505-7000
No doubt Dick will appreciate a letter from anyone who can help him set the record straight.
If you have any information regarding posting corrections to the Simkanin Blog Spot in order to clear up any inaccuracies relating to me, please advise. Countless numbers of individuals visit the Blog Spot in order to keep abreast of Dick's progress and I do not appreciate having my credibility challenged when I have reported ONLY what was reported to me straight from the "HORSE'S MOUTH". Also, keep in mind, that I have no idea who took the liberty to post a statement to the Blog Spot that I made to the "SMTL" Group.
Friday, July 29, 2005
7/29/2005 10:44:00 PM
Comments on Simkanin Appeal
I would like to offer a short comment on this post relating to the oral argument of Dick Simkanin's appeal before the Appellate US Court of Appeals for the Fifth Circuit in New Orleans on July 6, just to set the record straight.
I was physically present at the hearing. I don't know whether Charlotte Smith was there or not; if she was, I didn't notice. As far as I know, other than the lawyers, the only observers were myself and two companions. She could not know how the legal team felt afterwards; I was with the team for several hours afterwards, and no one who could have been Charlotte Smith asked them that question. They did not predict victory to me, although they did feel it went as well as or even better than they had hoped.
The government did NOT go first, as Mr. Simkanin was the appellant and it was his attorney that spoke to the court first. Peter (who had spent the previously day prepping for the argument with Bob Bernhoft [Dick's appellate co-counsel, who was also one of the winning attorneys for Joe Banister] at their hotel) spoke for the allotted 20 minutes or so, answering many questions from the three judges, which showed they were concerned about the fairness of Dick's trial. After his time, the government gave their oral arguments. It is true that the Justice Dept. lawyer mentioned several times that Dick was a "notorious tax protester" and "leader" and that the judge could verify this "by Googling his name." To this, the Chief Judge rebuked him, "Is that in the record?" (Appeals must be based on the district court record.) However, the government attorney also argued his legal points, and the court gave him the same attention as Peter received. They did not cut him off or tell him to sit down.
To close the proceedings, Mr. Simkanin's attorney had reserved several minutes for which to rebut the governments arguments, which he did, focusing not only on Dick's unfair trial but also on his excessive and illegal sentence. I felt that Peter did a fantastic job. However, I do not remember the court making the remarks that Charlotte mentions (thanking him, etc.) and the judges gave no indication of which way they would rule, or when.
I appreciate your willingness to update this post.
Monday, July 25, 2005
7/25/2005 09:56:00 AM
Simkanin Appeal Update
To: Show Me The Law
Sent: Sunday, July 24, 2005 9:06 AM
Subject: Update on Simkanin
On July 6, 2005, the oral arguments regarding Simkanin's Appeal were quite favorable. Each side had 15 minutes to present their case or facts. The government went first and proceeded to lambast Mr. Simkanin by calling him names such as anti-government, tax protestor, etc. The judges listened for about 8 to 9 minutes, then asked the D.C. prosecutor if they had any facts to present. The prosecutor simply said that the facts are what he was presenting. The judge told the prosecutor to sit down if that was all he had, which he did. Peter Goldberger then told the 3 judge panel that he would do his best to finish his presentation in the 15 minutes allotted to him. However, the panel allowed Peter to speak for 45 minutes. After Peter was through, the panel thanked him for doing an excellent job in preparation for the oral arguments, and not wasting the court's time. The Simkanin legal team came away from the hearing feeling they (the judges) will find in favor of Simkanin! Yipeeeeee!!!!!! We will all be waiting anxiously to find out if David Cay Johnston of the New York Times reports in Simkanin's favor the way he blasted Dick after the trial.
Through the grapevine there is another petition floating around among the Ft. Worth Attorneys to impeach Judge John Henry McBryde from the bench. If this petition hits the 5th Circuit before they make a decision in the Simkanin case, it should surely help in his favor. September 24th or before, is the time frame for results of a decision. They expect the court to reverse the felonies (2), but are not sure how they will handle the misdemeanor. Even if they confirm the misdemeanor, it will be time served and Simkanin will be out!!!!!!!!!!!!
So please keep the judges in your prayers that the Lord works through them for a favorable outcome!
Monday, June 06, 2005
6/06/2005 05:47:00 PM
From the 5th Circuit Calendar:
UNITED STATES COURT OF APPEALS
FOR THE FIFTH CIRCUIT
NEW ORLEANS, LOUISIANA
WEDNESDAY, JULY 6, 2005 - COURT CONVENES AT 9:00 A.M.
*No. 04-10531. United States of America vs. Richard Michael Simkanin, Appellant.
Read more here.
Friday, May 21, 2004
5/21/2004 10:27:00 PM
Simkanin Sentenced: 84 Months
Judge McBryde Doubles Recommended Sentence
Appeal Underway - Your Help Needed
Texas business owner, loyal American, loving husband and political prisoner Richard M. Simkanin was sentenced today to 84 months following his January conviction for willful failure to withhold and willful failure to file "income" taxes.
Read article here.
Friday, April 16, 2004
4/16/2004 06:14:00 PM
Letter to Dick Simkanin
April 2, 2004
Federal Medical Center
30383-177 Unit Jail
P.O. Box 15330
Fort Worth, Texas 76119-5905
It is with a heavy heart that I write to you today. Knowing that you are still being held a Political Prisoner, being punished for having followed GOD's Law. But then as our Lord said: If they persecute ME, they will also persecute you.
Bill is now home with me but not FREE yet. I wonder if we will ever know freedom again. Bill has one year of Supervised Release under U.S. Probation Officer Jeffrey C. Sanderson. The day after Bill came home we meet with Mr. Sanderson at his office. I noticed that even Probation Officers hide behind locked doors for their protection. Is it any wonder that someone would come out of prison angry? How many innocent victims each year are sent to these work camps as slaves? Mr. Sanderson informed me that he would be coming to my home to do an in-home search and if I didn't let him in, he could and would have Bill removed from OUR home and could even send him back to prison.
Mr. Sanderson then went over the conditions of Bill's supervised release. Bill MUST fill out a monthly financial statement listing all household bills, any income, any and all bank accounts, including mine if Bill in any way benefits from it. When I objected, again I was told that Bill could be removed from our home. One thing that I have never been able to abide is threats. Yet that's what I was receiving to my legal objections. When I asked the questions that the Privacy Act tells us to ask every government agency, including the Federal Government, I received the same threats and no answers.
Mr Sanderson and his partner (I don't remember her name and she didn't offer any identification) did in fact show up at our home the following week. Dick, we live in a very modest two bedroom bungalow that Bill paid $40,000 for. It is in need of repairs that we haven't been able to afford because of the IRS. Mr. Sanderson and his partner made a great effort to show their authority by examining every room in this house and the basement. Any piece of paper that was exposed was read, even my calendar was examined to see what was written on it. I was so angry that I brushed past Mr. Sanderson to snatch a piece of paper that his partner was reading and told her it was private. This is when Mr. Sanderson informed Bill that in the future I would have to leave the house when they stop by unannounced because I am such a threat to THEM. After all, I did bump his shoulder. I wonder if Mr. Sanderson or his partner would allow us, the people they rely on to pay their wages and benefits, to inspect their homes? How about if we asked for a financial statement to review if they are living within their means of reported income? I can guarantee you that they will tell us that is private information and non or OUR Business. But they see nothing wrong with doing this to us. This is the type of harassment that we are going to live with for the next year. No wonder the courts, DOJ and Probation Department all must lock themselves inside their offices. I can't imagine working in an environment where I would so willingly invade another's RIGHTS and be able to look myself in the mirror every morning.
I guess we have to face the fact that this is no longer our country Dick. There are so many people who are willing to turn on their neighbor for a paycheck and benefits from the Government. Probation Officers, like the DOJ and IRS depend on us to support them. They don't see it as stealing. I wonder what would happen if they ever had to think for themselves. Come up with an original idea and put it to work. Instead, they simply rely on the rules on some piece of paper that's handed to them and follow orders. They enjoy the power it gives them over others. They just don't see or care it seems, the harm they are causing by not questioning if what they are doing is really legal or not.
When I was in Washington, DC last spring, I was left with the impression of being in Hitler's Germany. Everywhere I looked there were men dressed in black carrying automatic weapons. If our Government needs this kind of protection, maybe they should look at what they are doing. No Dick, this country no longer belongs to the people, it now belongs to a hand full of Bankers who want to destroy every freedom we have. Control every aspect of our life. And anyone who dares to stand up to them, dares to claim their GOD given rights, will end up where you are. It doesn't matter what the LAW really says, we have witnessed how the courts will keep the LAW away from the jury's eyes and condemn you anyway. I looked up the word Pharisee in the Dictionary Dick, here is what it said:
A formal sanctimonious, hypocritical person.
The BIBLE tells me that it was the Pharisee's and Lawyers who condemned JESUS. Is it any different today? Do they not still hide knowledge from the people? And where are the Clergy in this country. Hiding behind their 501 c (3)? Contracting to promote government policy? Living in fear that if they stand up, they will end up where you are? This is a very sad state that our country is in today.
The only thing we have left is our Faith. The knowledge that we will enter the gates of Heaven. I'm not afraid of dying, it's living that scares me more. When I look around me and see the horrible violations of human rights that take place in our once Great Country, and the direction of a One World Government that doesn't include GOD, it makes me afraid. But, as long as these godless judges, like Judge McBryde continue to abuse their authority, we are doomed as a Nation of Laws. As long as Congress sits up on the Hill and allows the IRS, DOJ and the Courts to destroy us, we are doomed. As long as the American People themselves allow this, we are doomed.
I just want you to know that you will never be forgotten. You are a true Christian and Patriot. Stay strong and God Bless you Dick Simkanin.
Tuesday, February 24, 2004
2/24/2004 02:09:00 PM
Letter from Simkanin to Ron Avery
From : Rose Lear firstname.lastname@example.org
Sent : Monday, February 23, 2004 9:03 PM
To : list
Subject : Letter from Simkanin to Ron Avery
I want each and every one of you out there to read this letter. Feel for once what it is saying. If you can't bring yourself to get behind this man and WE THE PEOPLE, then we have lost all of our Rights as GOD'S People. If you don't understand by now that this is a numbers game, how many will stand up for their RIGHTS, then we have lost the war.
Because of Bob Schulz and We The People, I have a voice. I have not suffered the pain that many before me have suffered because of Bob and We The People. I have had more support, and financial assistance because of Bob and We The People. I Thank God every day for that. But, now we have to help Dick Simkanin and his family. We have to hold Dick up and help him all that we can. We need voices out there loud and clear, this is not acceptable. We will not tolerate this type of treatment for a man that has done nothing against the LAW!
-------- Original Message --------
Subject: [SimSoc] letter from Simkanin to Ron Avery
Date: Sun, 22 Feb 2004 23:51:37 -0600
From: "Ronald F. Avery" email@example.com
To: SimSoc@yahoogroups.com, We-the-People-of-Texas@yahoogroups.com
CC: "Bob Shulz" firstname.lastname@example.org
Dear WE THE PEOPLE,
I received this hand written letter that I typed for emailing for all to see. I don't know about you but as for me I will give credit where credit is due. Dick Simkanin is a saint and there are few that will give all they have that truth and justice be made known. I will say this again and again and again: there is only one PROJECT for WE THE PEOPLE and that is to get RICHARD SIMKANIN out of JAIL. If WE THE PEOPLE fail in this project, there is no point in any other projects.
Number 30383-177 Jail Unit
P.O. Box 15330
Fort Worth, Texas 76119-5905
14 Feb 04 A.D.
Thanks for the copy of the e-mail dated 9 Feb 04, 11:56 AM. RE: Tyranny is starving for legitimacy - don't feed it!
Please don't give me so much credit as to make me a hero of some sort. I am only a man, just like you. All I did was try to obey the written law. When I found out I had NO "Delegation of Authority" to be a tax collector, I stopped collecting so-called taxes from my workers. I also found out I did not have any Police Power to enforce such so-called tax collection.
Go ask any business owner what his authority is to keep part of his workers pay. Tell him you want to SEE his delegation of authority. All he can show you is a piece of paper called a W-4 where in the worker himself gives the business permission to keep an undetermined amount of the worker's pay. What a scam! Wonder why the IRS doesn’t list this particular scam on its Scam Page.
Ron, you really don't know how much I needed this particular note at this point in time. Every once in a while, I feel that as time goes by I’ll be forgotten in this place where no one sees me. But then, every time I get to feeling depressed God sends me a letter, this time it was signed "Sincerely, Ron."
God bless you my friend
I am told that on April 30, 2004, Sentencing date for Simkanin, Judge McBride is going to give a life sentence for refusing to be an unpaid, without authority tax collector for the IRS.
Bedford, Texas USA
Star Telegram 1/8/2004
Larken Rose 12/22/2003
New York Times 11/27/2003
Star Telegram 11/26/2003
Charters Of Freedom
Republic Versus Democracy
"It is the first responsibility of every citizen to question authority."
- Benjamin Franklin
"A Democracy is the most vile form of government there is!"
- Thomas Paine
Banking establishments are more dangerous than standing armies.
- Thomas Jefferson
When evil men organize to do evil, good men must organize to do good.
The power of the pen is mightier than the sword.
When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.
We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.--Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.
He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.
In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.
Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.
We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.
The 56 signatures on the Declaration appear in the positions indicated:
Thomas Heyward, Jr.
Thomas Lynch, Jr.
Charles Carroll of Carrollton
Richard Henry Lee
Thomas Nelson, Jr.
Francis Lightfoot Lee
Robert Treat Paine