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Free Dick Simkanin

Friday, January 02, 2004


Kilroy IS Here!!



Kilroy was sited this morning as this visitor visited the Free Dick Simkanin blog.



Fri Jan 2 04
08:26:59 AM
dicksimkanin.blogspot.com
Go : www.google.com
209.49.118.18
tcs-gateway11.treas.gov



Please read about Kilroy here.



Kilroy was sited here.



And here.



And here.



Support Dick Simkanin!!

And record each and every siting of Kilroy!




119293!!




Letter From Dick Simkanin to Bob Schulz



Posted over on We The People Foundation's site:

Here's the link to the typed version of Dick's handwritten letter:

23 Dec. 03 A.D.

Dear Bob,

Thank you again for asking people to show their support by sending me a letter. It is having an effect because some of the prison staff has asked me about receiving so much mail. The mailroom is being over worked because that guy Simkanin is getting too much mail. The best part is letting the guards and prison staff read some of the mail, and watch their eyes open up. Newsletters are the most fun because they can read about real life dramas not found in mainstream media, such as Rose Lear and Vernice Kuglin. Once it’s put under their nose, most get interested, so the big problem is still getting the info in front of the people. I always make sure I give them the WTP web site. Days later I get some real interesting comments about the site. I’m out planting as many brush fires as I can.

Here’s an update: I requested to present exculpatory evidence to the Grand Jury since the Gov. was going after a superseding indictment for the second trial. The AUSA JARVIS agreed to let me do so on the 17th of Dec. My legal crew worked overtime to prepare the information and got everything ready. The U.S. marshals transported me from FMC to the Courthouse 8:00 AM on the 17th of Dec. I was supposed to appear at 9:00 AM My appearance was moved to 2:00 PM, then finally cancelled at 4:15 PM at which point I was taken back to FMC. I later found out that JARVIS got his Superseding Indictment at 4:00 PM with only the IRS presenting evidence to the G.J. This is the second time this G.J. has refused to look at EXCULPATORY EVIDENCE I had to present to them. This can only be viewed as Jury Tampering by David L. Jarvis, AUSA.

The Superseding Indictment added the charge 7203 and increased the counts from 27 to now 35.

On Dec. 9th, the Gov. filed a Civil Suit against me “4-03CV1438-A” in U.S. District Court, Northern Dist. Of TX, Ft. Worth Division. I was served with the suit on 12-22-03.

Right now my legal crew continues to work overtime preparing for Trial on the 5th of Jan., 2004. I hope a THOUSAND people show up for the trial with all kinds of signs dressed in business suits. That would sure be a hoot!

I have enclosed the letter I received from Philip Dornby of New Zealand. Please scan it and post it on your web site, and encourage Larken Rose, Joe Banister, Devvy Kidd and others to post it.

It’s a good letter to show how the rest of the world is watching the last Bastion of LIBERTY and Freedom, America, fall to Socialism and government tyranny.

Is America doomed to indentured servitude to its National Government? Is constructive fraud now the rule of law? Does America now have a new rule from Washington, D.C., “Pay up or go to Jail”? Does the National Government no longer serve the United States and its people? It appears that if the people do not rise up, and soon, it will be quite evident that the United States have indeed been conquered by the United States in Washington, D.C. Get ready America, in the very near future, your “one and only” EMPLOYER in the country will be Uncle Sammy.

Don’t get me wrong, I love America, it’s the men who have confiscated our governments that I am upset with.

I pray it’s not too late for all those Thomas Jefferson structures across America, NO KING, BUT JESUS, long live the King.

Respectfully,

Dick Simkanin

Please share this letter with whomever you like. I do not have Larken Rose’s address. Please ask him to post a big thank you for all the letters I have received as a result of his web site and/or e-mail list.

No matter what happens, I know that I have thousands and thousands who know me and understand what I stand for. I love them all!


Letters can be sent to Dick Simkanin, Number 30383-177, Federal Medical Center,

P.O. Box 15330, Fort Worth, Texas 76119-5905


Dick Simkanin Announcements



Date: 1/2/04 10:51:21 AM Central Standard Time
From: automailer@freedomabovefortune.com
Sent from the Internet (Details)


Dear Friends:

I am forwarding two announcements regarding Dick Simkanin, one from his defense team and one from the We The People Foundation for Constitutional Education. I am not able to tranmit the photos of two 20 by 60 foot Dick Simkanin billboards that have been erected near the Ft. Worth federal court house but you can view them at www.givemeliberty.org .

******************Simkanin Defense Team Announcement**************

Sponsor a Witness Program

Dick Simkanin goes to trial Monday, January 5, 2003 and could use your help!

Sponsor a Witness Program is a tool devised to help aid Dick Simkanin get all the appropriate witnesses to his trial. Since we have had the time to request and prepare witnesses for this trial, we are expecting to see justice served in a righteous manner. Now we are dealing with the many expenses including travel, lodging, meals, and transportation to and from the courthouse. This is all adding up and Dick needs your help desperately. If you could help sponsor any of these witnesses with the costs listed below please send your donations to:

Simkanin Legal Defense Fund
c/o Richard E. Clark
P.O. Box 516371
Dallas, TX 75251

Here is a report of the Witnesses and the costs involved:

Witness Name

Wayne A. Paul,
CPA

Joseph R. Banister,
CPA

Eduardo M. Revera,
Attorney at Law

Robert Schulz

Larken Rose

Dave Champion

John B. Kotmair, Jr.

Victoria Osborn

Keith Camp

Gospel Preacher

Pastor John Weaver

Charles Beall

John Stadtmiller

Melvin Hassell

4 nights at $65.00 per night each = $260 each X all these witnesses = BIG BUCKS!

Average Airfare at $700.00 each X all these witnesses = BIG BUCKS!

4 days food at $50.00 per day = $200 each X all these witnesses = BIG BUCKS!

4 taxis - 6 trips at $15.00 per trip = $90 each X all these witnesses = BIG BUCKS!


**************************WTPF Announcement************************

01-01-04

Titanic Tax Trial Begins Monday
Simkanin Billboards Erected
Supporters Massing In Fort Worth

What could ultimately be one of the final battles to expose the fraud of the federal income tax is scheduled to commence Monday morning in Fort Worth when Bedford Texas business owner Dick Simkanin goes on trial for a second time, facing 35 counts of federal tax related charges. His first trial in November ended in a mistrial when the jurors voted 11-1 to acquit him of failing to withhold employment taxes from his employees' paychecks.

In that trial, an IRS legal expert had to recant his prior testimony regarding the definition of the critical legal term “employee” and the judge refused, after a specific request by the jurors, to provide them with a copy of the law that required Simkanin to withhold.

Since the mistrial, the DOJ sought, and has received, a second superseding indictment against Simkanin, alleging additional charges of failing to withhold and several new counts of violating 26 USC 7203, Willful Failure to File. Simkanin, in gross violation of due process, was denied the right to be heard by his fourth grand jury (the first two refused to indict Dick after he testified in person).

In order to raise public awareness about the ongoing judicial and prosecutorial abuses, WTP this week erected (at a cost of approximately $5,000), two large billboards just outside downtown Fort Worth, in close proximately to the federal courthouse and major area freeways. One billboard is 20' high by 60' wide. The billboards are illuminated at night and call for USDC Judge John McBryde to obey the Constitution and to free Simkanin. Bob Schulz thanks everyone that contributed to this effort.

On Monday morning, WTP supporters will be massing at the federal courthouse in downtown Fort Worth to protest the government's abuses and to fill Simkanin's courtroom with trial observers. Bob Schulz will be there and has made a plea for everyone to get to Dallas and make a stand in support of Simkanin. WTP has prepared for a large public show of support in Fort Worth by arranging for a significant number of large banners and flyers to hand out to the public and media. We have communications that indicate a significant number of people are coming in from a good number of states including Hawaii and North Dakota.

In recent days much has been happening behind the scenes in Dick's case. This week, Judge McBryde granted a DOJ motion to deny Dick the ability to present ANY of the evidentiary exhibits upon which he relied to form his beliefs about the tax code. This ruling by Judge McBryde effectively denies Dick the ability to defend against one of the separate, foundational elements of the alleged crimes, i.e., “willfulness.” (note: knowledge and deliberate intent that Simkanin was violating the law is REQUIRED to be proven to convict. Intent is the legal basis for the element of “willfulness.”)

McBryde also granted a DOJ motion regarding “Jury Security” in effect, keeping the jury in complete isolation from the public during (and before) jury selection and during Simkanin's trial. The order included provisions to conduct the jury selection process in private, with no public witnesses. Potential jurors are being directed to meet at a "secret location" and will then be bussed to the federal courthouse in downtown Fort Worth, and ushered inside for the proceedings. According to the order, jurors will not even be able to use the same hallways or bathrooms used by the general public during the trial.

Before the first trial, WTP volunteers distributed hundreds of flyers from the Fully Informed Jury Association (FIJA) containing factual information about the full legal rights of jurors and the constitutional role of the jury in a criminal trial.

There should be no doubt as to how important this case is to the government. In the balance may well lie the existence of the federal income tax. The DOJ, with the sanction of Judge McBryde has incarcerated Simkanin for six months -- and has put him on trial, twice, with indictments that fail to specifically charge ANY specific criminal violation of US law.

If Simkanin is found guilty, it will certainly be tragic – but it will have been because government officials have pulled every dirty trick in the book to manipulate the trial, even if it means violating Simkanin's constitutionally protected Rights, in order to secure his conviction.

If however, Simkanin is acquitted, (or if the government withdraws the charges), the Department of Justice, the IRS and Judge McBryde will have to explain to America many things – including how and WHY Simkanin was incarcerated and prosecuted --- and how this prosecution could proceed virtually unchecked, without the government EVER averring for the court, ANY specific law that Simkanin actually violated.

Dick wants to thank everyone that has written to him during his incarceration. He wants everyone to know that the letters being sent to the prison are being closely scrutinized and studied by the correctional staff. Comments made directly to Dick indicate that the staff is very impressed with the legal discussions in the correspondence and that these letters have initiated significant discussions within the prison. Apparently, many have indicated that they have gone to the WTP website and have been disturbed by what they have learned.

Dick wrote a short letter to Bob Schulz that he has asked us to post. We also are posting a letter from a freedom defender from New Zealand. Dick encourages everyone to keep writing. His address is:

Richard Simkanin
REG# 30383-177
FMC Jail Unit
P. O. Box 15330
Fort Worth, Texas 76119

Please get to Fort Worth. Dick is risking years in prison to fight tyranny and defend our Rights. Please stand with Dick to help expose this fraud and protect what vestige of Justice remains in our land.

If you simply can't be there – even for a day or two, please help us by financially supporting those that are going to Texas and to help cover the significant, and ongoing costs of this effort. Please donate. Remember, it's your direct involvement and financial help that makes it all happen.

In the event that the trial schedule changes due to schedule changes or court rulings on Friday January 2nd, WTP will post, as immediately as practicable, updated news on the main WTP web page. Be sure to use the following link: http://www.GiveMeLiberty.org/default.htm.



Please Donate on-line so that WTP can battle for Justice in Fort Worth.

Register for January's WTP GML2004 Conference. Please remember your early registration helps us fund the significant costs of hosting this historic conference that will publicly initiate the discussion of the Right to Petition and the application of this forgotten Right to reclaim our Republic and restore Constitutional Order.

Join the WTP Congress
********************************************************************

-For those who have received this message as a forward from someone else, you can sign up to receive these messages directly by visiting www.freedomabovefortune.com and clicking on "Mailing List".

-For those who are unfamiliar with what has transpired to date in this case, please visit www.freedomabovefortune.com and click on "IRS LOCKOUT UPDATE".

-My sincere thanks to those who have prayed for the success of our efforts and contributed to my defense fund. Your continued financial support is enabling me to illustrate, in detail and in a very public manner, that the IRS does not prevail against citizens because the agency adheres to the rule of law, but that the IRS prevails against citizens because the agency ignores the law and overwhelms the citizen with economic and legal burdens. In a school yard, such tactics are called "BULLYING". In a government setting, such tactics are called TYRANNY. This effort is the equivalent of ganging up on the bully and sending him to reform school where he belongs.
******************************************************************

Kind Regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent
www.freedomabovefortune.com


Thursday, January 01, 2004


Simkanin Billboards Up In Fort Worth



Bob Schulz has a report on the Dick Simkanin trial. There are two huge billboards up right now in Fort Worth.

See pictures of billboards here and here.

What could ultimately be one of the final battles to expose the fraud of the federal income tax is scheduled to commence Monday morning in Fort Worth when Bedford Texas business owner Dick Simkanin goes on trial for a second time, facing 35 counts of federal tax related charges. His first trial in November ended in a mistrial when the jurors voted 11-1 to acquit him of failing to withhold employment taxes from his employees' paychecks.

Read article here.

Thank you Bob Schulz and We The People Congress.


A Call from Simkanin



Date: 12/31/03 11:12:59 AM Central Standard Time
From: AlthompsonCA@cs.com
To: CourtofRecord@yahoogroups.com

Yesterday I received a call from Dick Simkanin, who, as most of you know has
been in jail for almost six months.

He sounded in good spirits and his wife is doing much better now. I think it
is remarkable, how good he sounded given his circumstances.

We didn't have much time to talk, as the calls only last for 15 minutes. He's praying for a good outcome, so we'll see what happens.

Remember, he's being charged with a violation of a Code that can't be violated.
He's being charged with a penalty code which isn't law, and doesn't incurr any liability or obligation to withhold taxes.

Please keep him in your prayers, and make sure that he receives more letters.

I can't stress enough how important the letters are to him.

I know a lot of you have written to him, and he really appreciates it. If you have
a moment, please send him another one to help support his efforts.

His address is:
Richard Simkanin
REG# 30383-177
FMC Jail Unit
P. O. Box 15330
Fort Worth, Texas 76119

Regards,
Al Thompson

Tuesday, December 30, 2003


Judge John McBryde



Rose Lear has a letter signed by Judge John McBryde.

Read here.

ORDER as to Richard Michael Simkanin : so that the parties will be aware of a communication the court has received relative to this action, the court is attaching to this order as an exhibit a copy of an updated letter signed on behalf of "Rose Lear" the court received December 19, 2003. (Signed by Judge John McBryde on 12/19/03) (dld, ) (Entered: 12/22/2003)

Thank you Rose Lear.


More on Dick Simkanin



This, from Al Thompson via the net.

119293....

Date: 12/29/03 1:14:08 PM Central Standard Time
From: AlthompsonCA@cs.com
To: CourtofRecord@yahoogroups.com

This was written by a friend of Dick's. Notice that all that appears to be needed is to have the government produce the taxing statute. Heck, even
the last jury asked for it, and did not get it and voted 11-1 for Dick's acquittal.

The main answer, in my view, is that the taxing statute doesn't exist as it was repealed in 1939 and all the other tax codes are based upon repealed
laws.

I don't know how much simplier this can get, but Dick can't get out on bond. Dick is in jail because someone stated something about Dick, but
there is no sworn affidavit. In fact, there are affidavits that show that Dick did not make any threats to anyone regarding a meeting last year.

The bottom line is that there is no taxing statute, and the man is being held without lawful due process. Remember, the next one could be you, me,
or anyone else who doesn't play the New World Order socialist/communist game.

Make no mistake about it, we are overrun with communists. We don't have to go to China or Russia, we have more of them in D.C.
than anywhere else and they have all the money in the world to enthrone themselves.

And if you are so delusional as to think the government is here to protect our freedoms, look again. It is here to fleece every man and woman
out of their hard-earned money (if you want to call it that), to enrich the so-called elite communist state this nation has become.

Regards,
Al



Larry Clason wrote:

This is the "Land of the Free, and The Home of the Brave" - the GREAT United States of America?

---------------------------------------------------------------------------------------

Without any exculpatory (truthful) evidence presented or available to the Grand Jury, the jurors proceeded to return an indictment. Here is what the Indictment charged:

A) 12 Counts of Wilful Failure to Collect, Account For, and Pay Over Taxes Due (Violation of 26 U.S.C. § 7202).

B) 15 Counts of False Claims Against the United States
(Violation of 18 U.S.C. § 287).

C) 4 Counts of Failure to File Individual Income Tax Returns (Violation of 26 U.S.C. § 7203).

Unless one was to dig a bit below the surface, one might think that the Grand Jury did its job and handed down "A TRUE BILL". Let’s dig a bit below the surface. Here is an analysis, charge by charge; The real truth is shocking.

A) 26 USC 7202 states in relevant part: "Any person required under this title to collect, account for and pay over any tax imposed by this title ... shall be fined ... or imprisoned...."

This section provides a penalty for failing to perform a required act.

What is the "required act"?
Who is the "person required" to perform that act?

These basic questions were not addressed, much less answered by the Grand Jury.

How can one be "in violation" of a penalty law?

That’s easy. First, one must be subject to the penalty. Second, one must fail to pay the penalty. Unless the required act is identified as such in the law and the person required to perform that act is identified in the law, no person CAN logically or legally be subject to the penalty that is specified in 26 USC 7202. Therefore, this charge in the indictment is a lie.

B) 18 USC 287 states in relevant part: "Whoever makes or presents to any person or officer in the civil ... service of the United States, or to any department or agency thereof, any claim ... knowing such claim to be false ... shall be imprisoned... and shall be subject to a fine…."

This section provides a penalty for doing an illegal act.

What is the act? Making a "false claim". Is submitting a request for refund the same thing as "making a false claim"? If it is, all of us need to be on our guard. How did the Grand Jury determine the accused "knew such ‘claim’ to be false"? Well, the government must have told them! They certainly did not learn it by asking questions of the accused. They were not given the opportunity to see the accused! So, how can one be "in violation" of this penalty law? The same argument holds. First, one must be subject to the penalty. Second, one must fail to pay the penalty. This section does not say that submitting a request for refund is the same thing as "making a false claim". And, even if it did (which it doesn’t), how could the Grand Jury determine that the accused knew such request for refund to be a false claim? They couldn’t. Therefore, this charge in the indictment is also a lie.

C) 26 USC 7203 states in relevant part: "Any person required under this title to pay any estimated tax or tax, or required by this title or by regulations made under authority thereof to make a return, keep any records, or supply any information, who willfully fails to pay … shall ... upon conviction … be fined … or imprisoned …".

This section is yet one more penalty provision in the law. One must first violate some law before he can become subject to the penalty provisions. What law did the accused violate? The indictment doesn’t say. The law (26 USC 7203) cited in the indictment does NOT impose taxes NOR does it make anyone liable for taxes. It does not identify just who is the "person required" to pay the tax. It does not even identify what tax was supposed to have been paid. How can anyone be indicted for not paying an unidentified tax? This charge in the indictment is, likewise, a lie.

-----------------------------------------------------------------------------------------
-------

Can you see what is going on here? The government is applying penalty code sections to prosecute people. Isn’t that putting the cart before the horse? A penalty cannot apply UNTIL a law is violated. What law has been violated? The Grand Jury indictment is silent on this point. One cannot be "in violation" of a penalty code section unless he didn’t pay the penalty! To even be subject to the penalty, one would first have had to be "in violation" of a requirement in another code section. The violation in the ‘other’ code section could then give rise to the penalties. First, the horse – a violation of a known legal duty by a person required to perform that duty. Second, the cart – the application of the penalty statute because the known legal duty was not performed. What are the other code sections that the accused allegedly violated to make him subject to the penalties? Who is the person required to perform the known legal duty? The Indictment is totally silent! One cannot even be liable for a penalty code section (much less guilty of violating it) until one first violates some other law!

This "indictment" is defective in toto! And our "Elected Representatives" are supposed to protect their constituents against such outright Horsemanure as the above! When the government uses flat-out damned lies to prosecute a person for following the written law precisely as written, then it is long past time for a change of government, and its jack-booted thug extortionist tax collectors - IRS.

Larry Clason larryc@itis.com


More on Dick Simkanin



This, from Al Thompson via the net.

119293....

Date: 12/29/03 1:14:08 PM Central Standard Time
From: AlthompsonCA@cs.com
To: CourtofRecord@yahoogroups.com

This was written by a friend of Dick's. Notice that all that appears to be needed is to have the government produce the taxing statute. Heck, even
the last jury asked for it, and did not get it and voted 11-1 for Dick's acquittal.

The main answer, in my view, is that the taxing statute doesn't exist as it was repealed in 1939 and all the other tax codes are based upon repealed
laws.

I don't know how much simplier this can get, but Dick can't get out on bond. Dick is in jail because someone stated something about Dick, but
there is no sworn affidavit. In fact, there are affidavits that show that Dick did not make any threats to anyone regarding a meeting last year.

The bottom line is that there is no taxing statute, and the man is being held without lawful due process. Remember, the next one could be you, me,
or anyone else who doesn't play the New World Order socialist/communist game.

Make no mistake about it, we are overrun with communists. We don't have to go to China or Russia, we have more of them in D.C.
than anywhere else and they have all the money in the world to enthrone themselves.

And if you are so delusional as to think the government is here to protect our freedoms, look again. It is here to fleece every man and woman
out of their hard-earned money (if you want to call it that), to enrich the so-called elite communist state this nation has become.

Regards,
Al



Larry Clason wrote:

This is the "Land of the Free, and The Home of the Brave" - the GREAT United States of America?---------------------------------------------------------------------------------------Without any exculpatory (truthful) evidence presented or available to the Grand Jury, the jurors proceeded to return an indictment. Here is what the Indictment charged: A) 12 Counts of Wilful Failure to Collect, Account For, and Pay Over Taxes Due (Violation of 26 U.S.C. § 7202). B) 15 Counts of False Claims Against the United States
(Violation of 18 U.S.C. § 287). C) 4 Counts of Failure to File Individual Income Tax Returns (Violation of 26 U.S.C. § 7203). Unless one was to dig a bit below the surface, one might think that the Grand Jury did its job and handed down "A TRUE BILL". Let’s dig a bit below the surface. Here is an analysis, charge by charge; The real truth is shocking. A) 26 USC 7202 states in relevant part: "Any person required under this title to collect, account for and pay over any tax imposed by this title ... shall be fined ... or imprisoned...." This section provides a penalty for failing to perform a required act. What is the "required act"? Who is the "person required" to perform that act? These basic questions were not addressed, much less answered by the Grand Jury. How can one be "in violation" of a penalty law? That’s easy. First, one must be subject to the penalty. Second, one must fail to pay the penalty. Unless the required act is identified as such in the law and the person required to perform that act is identified in the law, no person CAN logically or legally be subject to the penalty that is specified in 26 USC 7202. Therefore, this charge in the indictment is a lie. B) 18 USC 287 states in relevant part: "Whoever makes or presents to any person or officer in the civil ... service of the United States, or to any department or agency thereof, any claim ... knowing such claim to be false ... shall be imprisoned... and shall be subject to a fine…." This section provides a penalty for doing an illegal act. What is the act? Making a "false claim". Is submitting a request for refund the same thing as "making a false claim"? If it is, all of us need to be on our guard. How did the Grand Jury determine the accused "knew such ‘claim’ to be false"? Well, the government must have told them! They certainly did not learn it by asking questions of the accused. They were not given the opportunity to see the accused! So, how can one be "in violation" of this penalty law? The same argument holds. First, one must be subject to the penalty. Second, one must fail to pay the penalty. This section does not say that submitting a request for refund is the same thing as "making a false claim". And, even if it did (which it doesn’t), how could the Grand Jury determine that the accused knew such request for refund to be a false claim? They couldn’t. Therefore, this charge in the indictment is also a lie. C) 26 USC 7203 states in relevant part: "Any person required under this title to pay any estimated tax or tax, or required by this title or by regulations made under authority thereof to make a return, keep any records, or supply any information, who willfully fails to pay … shall ... upon conviction … be fined … or imprisoned …". This section is yet one more penalty provision in the law. One must first violate some law before he can become subject to the penalty provisions. What law did the accused violate? The indictment doesn’t say. The law (26 USC 7203) cited in the indictment does NOT impose taxes NOR does it make anyone liable for taxes. It does not identify just who is the "person required" to pay the tax. It does not even identify what tax was supposed to have been paid. How can anyone be indicted for not paying an unidentified tax? This charge in the indictment is, likewise, a lie.
------------------------------------------------------------------------------------------------Can you see what is going on here? The government is applying penalty code sections to prosecute people. Isn’t that putting the cart before the horse? A penalty cannot apply UNTIL a law is violated. What law has been violated? The Grand Jury indictment is silent on this point. One cannot be "in violation" of a penalty code section unless he didn’t pay the penalty! To even be subject to the penalty, one would first have had to be "in violation" of a requirement in another code section. The violation in the ‘other’ code section could then give rise to the penalties. First, the horse – a violation of a known legal duty by a person required to perform that duty. Second, the cart – the application of the penalty statute because the known legal duty was not performed. What are the other code sections that the accused allegedly violated to make him subject to the penalties? Who is the person required to perform the known legal duty? The Indictment is totally silent! One cannot even be liable for a penalty code section (much less guilty of violating it) until one first violates some other law! This "indictment" is defective in toto! And our "Elected Representatives" are supposed to protect their constituents agaianst such outright Horsemanure as the above! When the government uses flat-out damned lies to prosecute a person for following the written law precisely as written, then it is long past time for a change of government, and its jack-booted thug extortionist tax collectors - IRS. Larry Clason larryc@itis.com


Sunday, December 28, 2003


Simkanin Needs Our Help in Texas



Trial is January 5, 2004 in Fort Worth, Texas



Dear We the People Supporter:

As most of you know, Dick Simkanin, owner of Arrow Plastics in Bedford, Texas, was arrested over six months ago. If you are not familiar with this case, please see:

http://www.givemeliberty.org/NoRedress/Update06-25-03.htm

As the months have gone by, the Department of Justice has manhandled this decent American, denying him bona fide due process, using legal shenanigans regarding his grand jury rights and destroying any chances of being freed on bail. This honorable, decent man has been sitting in jail with rapists, murderers and thieves because the government wants to make an example of him.

Dick's first trial ended in a mistrial. However, the government isn't about to take this big, black eye sitting down - they can't afford to because they must keep the fear factor of the IRS firmly in place in the American landscape. On December 18, 2003, the Grand Jury issued a superseding indictment and Dick is scheduled for another kangaroo court trial beginning on January 5, 2004.

We say enough is enough! This brand of judicial tyranny cannot go on in the land of the free, home of the brave.

Extraordinary efforts have been going on behind the scenes regarding Dick's defense, saving his business and bringing his plight to the attention to the people in Ft. Worth area where the jury pool will be drawn from.

On approximately December 30th, full-color billboards will be erected in key locations in the Ft. Worth area with stark messages to the judge and the people who see these billboards as they drive about doing their daily business.

A special flyer has been designed for volunteers to pass out at the courthouse in addition to the FIJA (Fully Informed Jury Association) flyers.

A generous American stepped forward and is providing a good number of 4' x 8' banners that will be displayed for all prospective jurors to see as they enter the courthouse and by everyone driving by the courthouse.

Last month, Hank Goltz, State Coordinator for We the People Congress in the great State of Texas made a call for volunteers who cherish freedom and are willing to come forward and take a stand against those who seek to take away the precious right to due process and a fair trial. Thank you to all who showed up for Dick's first trial right before Thanksgiving. If you missed this important call to action, you can read about it on Hank's WTP Congress Texas web page at:

https://givemeliberty.org/user/congress/state.aspx?state=tx

Now I am asking each and every one of you to sacrifice some of your precious time to be part of this effort. We are here to fight for freedom. Those who support We the People are special because you understand that all we hold dear is being stolen from us and unless We the People stand up and fight for a decent man like Dick Simkanin, the government will continue this assault on innocent Americans to kill the message by destroying the messenger.

What can you do?

Dick's second trial is currently scheduled to begin Monday, January 5, 2004 and could run to the end of the week depending upon what happens in the court room.

I am asking each and every one of you if it is at all possible, please make contact with Hank Goltz and let him know you will be there to stand tall for freedom and defend Dick Simkanin. Hank is putting aside his life's business to organize this effort, but he needs many volunteer to stand outside the court house to hand out flyers and hold the banners that will send our message of freedom to Dallas/Fort Worth and the court.

I need you to call everyone you know and fill them in on what is happening to one of their own and that if The People don't show up to support a fellow American that is being attacked by our own government, who will be there to support them when the government decides to target them for their beliefs and the principles they stand for?

If we ignore the call for help for one of our countrymen, we're nothing but hypocrites. If you have to work, take a day of leave or switch a shift with someone at work. If you're retired, then you can get there and bring all your retired friends. The day we become "too busy" to fight for freedom is the day we may as well pack it in. Dick Simkanin has sacrificed more than just being busy in standing up for his beliefs. We need to be there for him and this watershed legal battle over the income tax.

Most people have a favorite radio station - start calling talk radio in your area - today. If you don't know which ones to call, click on the URL below and it will bring up every radio station in Texas and their locations. Make Dick Simkanin a household word in Texas . Force your talk show host to engage in a dialogue about Dick's plight. Let the listeners know about the trial and ask them to get down to the court house. All the details are below.

Radio stations in Texas: http://metalinks.com/txradio.htm

Letters to the editor will get published if enough people write them. Please write your own and encourage everyone you know to do the same thing. Bombard the newspapers with Dick's story and the injustice being done to him. This message will resonate with the reader, but it won't happen if the effort isn't made. Click on the URL below for a list of every newspaper in the State of Texas:

http://newslink.org/txnews.html

Please contact every local organization in your area you can think of to get this message out and support for January 5th . Examples of organizations to contact are FIJA and veterans organizations. Let them know that a fellow Texan is being railroaded by a system gone amok and he needs their support.

Freedom fighters came all the way from Tennessee to stand with the Texans at the Alamo. Simkanin needs not just his fellow Texans to be in Ft. Worth on January 5th to make a very profound statement to all perspective jurors going into the court house, he needs as many folks as possible from all the 50 states of the Union.

Hank Goltz cannot do this alone. I'm asking you to please show me that you care enough to get to Ft. Worth and be part of this effort. We have people coming in from Hawaii and South Dakota, let's make it from all the states! I thank you from the bottom of my heart.

Devvy Kidd
Executive Director
We the People Congress, Inc.

Contact: Hank Goltz, State Coordinator, WTP Congress

Phone: (210) 690-5123
Cell: 210.269.6279
E-mail: hdgoltz@juno.com

Hank will be arriving at the Park Central Hotel on January 2, 2004. You can contact him there:

Park Central Hotel
1010 Houston Street
Ft. Worth, Texas
817.336.2011
800.848.7275

NOTE: As of this date, the trial is scheduled to go on January 5, 2003. However, that could change should the government decide it's not in their best interests to begin on that date. Please check with Hank by phone or e-mail before you leave to get the latest update. But, don't let this stop you from making plans to be there. Should the government decide to postpone the trial, realistically, we would know by Friday, January 2, 2004. WTP will post the latest news about the trial on our homepage as soon as we get it.

The federal court house is located at 501 West W. 10th Street (at Lamar) in Ft. Worth.

Hank will be organizing all volunteers for each day of the trial. If you can't make it for the entire time, please get there for at least one or two days. Call or e-mail Hank and coordinate with him on the times and staging areas.

We are the people and the destiny of America rests in our hands.


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