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!
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