Thursday, September 29, 2005

Irwin Schiff Trial update by Mark Yannone

posted by David Jahn @ 9/29/2005 10:50:00 PM  

36 Old Comments:

Jury Nullification: The Top Secret
Constitutional Right
Meanwhile, out in Nevada, a 50-year-old florist and grandmother almost landed in prison for her efforts to help spread the word to jurors. When her son went on trial for drug charges in federal court, Yvonne Regas and a friend papered the windshields of nearby parked cars, hoping to let the jurors learn the completely unexpected fact that her son faced 450 years in prison for a single drug transaction nine years earlier. Federal authorities charged her with jury tampering and obstruction of justice, but eventually dropped the charges. Presumably, they gave up hope of figuring out how they could get jurors to convict her without showing them the contents of the pamphlets she had been distributing--and then her jury would know the truth about nullification. Sounds like an idea to help Irwin.
I am not surprised to see this happened in Nevada. We are definately a facist run government on our way to becoming a bunch of Nazi's

John

By Anonymous Anonymous, at 9/30/2005 12:00 AM  

For those of you that don't know what Jury Nullification is:

Jury nullification occurs when a jury returns a verdict of "Not Guilty" despite its belief that the defendant is guilty of the violation charged. The jury in effect nullifies a law that it believes is either immoral or wrongly applied to the defendant whose fate that are charged with deciding.

By Anonymous Anonymous, at 9/30/2005 12:25 AM  

Jury nullification needs to work so that criminals cannot escape on technicalities. Hopefully, juries will ignore technicalities and put crooks in jails even when their snake lawyers try to get them out through loopholes. Juries should know that the police does not arrest anybody but guilty people, and that prosecutors do not prosecute anybody other than criminals. We've all seen people like OJ slip out on technicalities. Hopefully, jury nullification will be used to put more criminals away for good.

By Anonymous Anonymous, at 9/30/2005 12:52 AM  

Schiff Website Down

Irwin Schiff's website must be getting pounded. His website is down. I hope somebody let's him know and he can get it back online ASAP!

Bandwidth Limit Exceeded

The server is temporarily unable to service your request due to the site owner reaching his/her bandwidth limit. Please try again later.

Apache/1.3.33 Server at www.paynoincometax.com Port 80

By Blogger Dietrich Bonhoeffer, at 9/30/2005 2:00 AM  

.....Juries should know that the police does not arrest anybody but guilty people, and that prosecutors do not prosecute anybody other than criminals....

Absolutely not true! Policeman & "Judges" are themselves criminals with a license..

By Anonymous Anonymous, at 9/30/2005 2:30 AM  

Sounds like the criminals do not like jury nullifications because they know that juries will put them away even if they might wiggle out on a technicality!

By Anonymous Anonymous, at 9/30/2005 8:57 AM  

Ahh yes, the police, the German SS, the Inquisitors of Spain and Europe, the king, are flawless and never arrest or convict inocent people and anyone who escapes is a criminal released on a technicality, such as BEING INOCENT! I would love for the author who claims that inocent people are not arrested to be arrested for something he or she didn't do, for society would then be rid of him or her as well. Thank you

By Anonymous Anonymous, at 9/30/2005 9:01 AM  

Hopefully the jurors are monitoring this site and they will see this post. If they want to know more about their rights as a juror they can go to this site.
http://www.fija.org/
There are a lot of us out here who have had enough of this scumbag government. The government will be in big trouble soon as our ranks are growing.

By Anonymous Anonymous, at 9/30/2005 9:04 AM  

Whether Quatloos or not, one thing speaks volumes about this case: Total Media News Blackout. If the Gvt., Media and Society have nothing to hide than why the comlpete lockdown?

By Anonymous Anonymous, at 9/30/2005 9:56 AM  

Because the third trial of a twice-convicted felon is not of much interest.

Why should the media be interested when there are less than a half-dozen spectators in the gallery, and a couple of those are just old men in for the air conditioning.

By Anonymous Anonymous, at 9/30/2005 10:28 AM  

Hopefully, jurors will read this and see that Irwin is trying to wiggle out on technicalities by having his psychiatrist testify that he is "delusional" and the jury will ignore the jury instructions on that topic and put him away in jail anyway.

Jurors should also take into account that Irwin has called them "stupid" on his audioblog, and otherwise gone out of his way to insult their intelligence. Irwin's supporters such as Angela have also openly insulted the jurors. Please take all of this into account.

By Anonymous Anonymous, at 9/30/2005 10:31 AM  

Looks like someone got really worried about the jurors finding out their rights. A confident juror will be more interested in the law which the government is doing all it can to hide. For example not allowing the law to be spoken about in a court of law. The mormon church would be wise to kick this scumbag judge out he is hurting their image

By Anonymous Anonymous, at 9/30/2005 10:49 AM  

anonymous said...The mormon church would be wise to kick this scumbag judge out he is hurting their image.

Too late. Orin Hatch has already done that. Does anyone know for sure if this judge belongs to the Mormon faith?

By Anonymous Anonymous, at 9/30/2005 10:57 AM  

People, it's not about jury nullification. You all make comments like Irwin had broken some kind of laws. Mr. Schiff hasn't broken any laws to be nullified. It seems to me that the courts are the ones breaking the laws. All Irwin is doing is obeying the tax laws.

Plain and simple Irwin should be found not guilty as he has broken no laws.

By Anonymous Anonymous, at 9/30/2005 11:23 AM  

The jurors should convict Irwin for no other reason than that he has repeatedly called them "stupid" and "ignorant" and his supporter Angela has said that they are "bumps on a log".

Good place for jury nullification for somebody who is so openly disrespectful of the jurors who are wasting their time on a twice-convicted felon.

By Anonymous Anonymous, at 9/30/2005 11:27 AM  

Its amazing the people that are against Irvin will probably be the first ones to file 0 returns if He wins, they are so ignorant and love giving there money away for no reason, THAT OF COURSE UNLESS THEY ARE BEING PAID BY THE EVIL GOVEMENT WHOM THEY SUPPORT! TALKING ABOUT KISSING ASS! OH WELL THERES STUPID PEOPLE IN EVERY CROWD! :-)

By Anonymous Anonymous, at 9/30/2005 11:41 AM  

So we should dig up and convict all the founding fathers for going against there government, King George of England. They were guilty of breaking the king's law at the time.

Actually we should go along with Sadam Hussain and his laws and allow him to make laws justifing genocide. Or Hitler or the old communist Russia and china. How do you think these countries became despotic anyway. Governments trick and deceive thier citizens into beleiving bad laws are good and good people are bad.

Come on people wake up. The U.S. government operates like Hitler's Germany at the time he took office. We're just a few short years away from a full blown police state. Actually we are in a police state now, it's just the government hasn't came out and told everyone yet.

By Anonymous Anonymous, at 9/30/2005 11:44 AM  

Then you had better leave while you still can.

By Anonymous Anonymous, at 9/30/2005 12:01 PM  

By the way, The People's Republic of China does have an income tax system. The difference is that there are many exemptions for foreign entities to do business in China and in addition to the cost of labor, it's not hard to understand why there is the flight going on from the U.S. and Europe.

It would be interesting to know if China enforces their income tax system as other countries do like the U.S.?

By Anonymous Anonymous, at 9/30/2005 12:34 PM  

I'm not a coward that runs. I love my country and fellow citizens, even those that are still brainwashed into beleiving we and they are still free.

By Anonymous Anonymous, at 9/30/2005 12:35 PM  

A true coward would say "better leave while you can" and a real American would fight to right those true and proven wrongs. Which one of the above is the author of "Better leave while you can" ? Which of the above are all those who condemn the current actions of Irwin. I have talked with Irwin, fact is I helped move his furniture from his apartment to his first office many years ago. I cannot say I always agree with Irwin but I can say that I respect his fight and can agree that he has truly exposed certain wrongs that every American, even Quatlose, should respect him because he is not the one creating a scam for someone scamming another would have the intent on harming the other and they would know they created the scam. In this case either the corporate government created the scam or there isn't actually a scam in action and it is simply legal error. If Irwin were to win I wonder if the Quatlose guy(s) will place the government on the scam list?

By Anonymous Anonymous, at 9/30/2005 12:58 PM  

Four Minutes of Video Every American
Should Watch:

http://www.givemeliberty.org/wtp-tv/4MinLinks.htm

By Anonymous Anonymous, at 9/30/2005 1:46 PM  

I performed a trace to Irwins site and it ends in Lansing MI. It seems like a router issue rather than his aps/isp.

I wonder how this happend? Maybe .GOV

By Anonymous Anonymous, at 9/30/2005 2:26 PM  

Quatloser clone said:
Jurors should also take into account that Irwin has called them "stupid" on his audioblog, and otherwise gone out of his way to insult their intelligence.

If they are visiting these sites, they are not stupid, because they are gathering knowledge.

"Stupid" is what you attempt to do with your oily scheming manipulation of the emotions of the jurors, by distracting them and moving their eyes and minds off of the question of "WHAT LAW?"

It's like saying that if 48649 is NOT a prime number, Mr. Schiff is guilty.

If the jurors fail to determine if 48649 is, or is not, a prime number, they are not judging guilt or innocence according to fact.

What you are trying to do with your inflammatory rhetoric, besides the uproar you are hoping to create on this blog, is prejudice any juror that might (not in accord with the law, so dear juror, keep your mouth shut and just hang the jury on the verdict) look here by using an insult for specific jurors in specific acts of ignorance to keep these jurors from bothering to determine whether such number is, or is not, prime.

If the jurors must judge as to fact (fact being the Mr. Schiff did or did not do a duty) then whether that duty exists IS a fact to be determined, just like the fact of the prime number question in the analog above.

In the Rose case the jurors were stupid.

By Anonymous Anonymous, at 9/30/2005 4:12 PM  

Part 1
My notes from Sept 29th

First let me say that we overheard the government attys ask each other if they "caught last nights blog". Duh! Hi guys!

Today, jury Instructions were given re 6331(h) which they said was enacted after Irwin's 96 seizure of his car and some cash so they said it wasn't relevant to his seizure. Irwin reiterated the relevance of the law of 6331 and why congress wrote it into the 1998 R&R Act . Irwin wanted to recall Luddy Tally but the judge said no. The judge told Irwin he may not mention any legal issues or statutes in front of the jury. (so what else is new?)

Irwin wanted to enter the summons tape that occurred between him, agt Tally and Gritis. However, the Judge wouldn't allow the summons tape to be played nor Irwin's criminal complaint against them to be entered. The judge said "it doesn't matter!"

Agt Tally said that he had closed the account file on Irwin as it was getting to the 10 year point. And said that the government objects to litigating cases that are hopeless to collect. He mentioned that if it was under a certain dollar amount... Irwin asked what is the amount, and the judge cut in and said it wasn't relevant (which is par for this judge). Tally said the file never goes away and continues with the penalties and interest, but it goes into suspension. But, Good ole Gritis (they say he is now deceased, but he is probably alive and kicking, they just gave him a new name to avoid being called as a witness) re-opened Irwin's file and went after Irwin's social security. Not 15% but 100% percent. They have been taking it all since 1996. (nice huh?)

CDP Hearings ... Irwin put the governments witness, appeals team manager Mr. Menaugh (who was there to testify against Cindy) to the wall with questions regarding his authority. It was great! Irwin went step by step from the time you get the first letter, up to why a person would ask for a cdph, then adverse determination, to the point where he verified, that "the appeals officer has no authority, which is why you have to go to the tax court!" I thought the jury was going to stand up and applaud. It was a thing of beauty. The judge was pissed. The government got up and objected, but it was too late. I wish you could have been there. Irwin was hot! I believe EVERYBODY GOT IT! Irwin established that the IRS has no authority.
Irwin is making it perfectly clear what his beliefs are. He is so passionate about it. The court appointed lawyers cross examined Mr. Menaugh too.

Chad Bowers is Larry's appointed lawyer and he's Sharp as a whip! He stood up and asked the judge questions about what a levy and continuous levy is. He didn't know the difference and really wanted to know. He was very surprised when it wasn't explained. The judge interrupted and changed the questioning.

Thomas Menaugh Team Appeals manager (33 yrs with the IRS with a staff of six in Las Vegas) now located in Arizona, said that the IRS uses "Choice Point" to get their information. He said they use Choice Point because their info is more current than the IRS's. He participated in CDPH's when Cindy was an advocate for a man named Matthew Diamond. Matthew Diamond was former NYPD and also a bailiff. Mr. Menaugh testified that they used the Pierson case as Notice of the IRS's position to Cindy.
Irwin brought out that it wasn't a real case, then it came out that they gave the document to the non taxpayer and not to Cindy. Cindy anticipated this and her lawyer and Irwin got the tape of the actual CDPH played for the jury with a written transcript projected up on a large screen so the jury could read along with the audio. The jury and the defense got a very good lesson from it too. Cindy wasn't allowed to speak at the cdph, but Mr. Diamond did his presentation really well and asked for the required documents. Mr. Menaugh, The poor guy, couldn't clean up his testimony after that. I thought it was glorious! I believe the jury got it.

Irwin asked the witness (I forget which one) if the IRS's web site explains tax court. The witness said no. The jury got it.

Yesterday the judge told Irwin that Bob Schulz's 2nd circuit court decision re summonses wasn't relevant to his court, so today along with the above line of testimony regarding the Pierson case, Irwin asked the judge, well if this court isn't held to 2nd circuit court decisions, how can it be held to tax court decisions? The jury got it.

They got into the 1998 R&R Act and when liability was raised by Irwin and Cindy's lawyer, the government objected. The judge sustained the objection. The jury got it. And it's refreshing to see the defense attys are getting it too. The more they learn the more they are stating their own objections and covering for Irwin' s lack of procedural knowledge. However the judge never sustains their objections. Of course. Judge Dawson is so predictable. But, I have a feeling it's backfiring on them.

It was mentioned by Mr. Menaugh that the NOD requires an assessment and is a DEFAULT. But we already knew that, didn't we.

Next witness Audrey Garder testified that Irwin's business wasn't registered as a seller with the state. Irwin spelled out the Nevada constitution and the fact that it precludes taxes on tapes and records etc... They ultimately changed the locks on Freedom Books and forced Irwin to pay for the registration to get the keys. Irwin made a complaint. He brought up the OSC hearing and had to use the transcript (they didn't know he had) to refresh her memory on it as she couldn't recall it. (These people have terrible memories.) Irwin and the defense lawyers objected to her personal opinions, so the judge gave a jury instruction as to the witnesses personal opinions of what the law meant to her.

Another retired IRS appeals officer Ms. Fisher (she said she also trained newbie's) had meetings with Cindy and the non taxpayer. The government mentioned publication 2105 is what they use to deal with taxpayers questions and of course their web site. www.irs.gov Irwin and the defense for Larry and Cindy cross examined Ms Fisher.

Regarding Irwin's poor hearing and eyesight, The judge, toward the end of the day told Irwin to fill out "the form" and give it to the court reporter and they will let him see what the judge sees on his screen. However the governments testimony is almost over, so if Irwin loses, it could still be appealed on that issue alone. This is not a fair trial to say the least. But even then, we would still need to find a fair judge.

Listen to Irwin's audio blogs for this day click just above where it says "posted by David Jahn @ 9/29/2005 10:50:42 PM" and this one "posted by David Jahn @ 9/29/2005 11:50:49 PM" on www.triallogs.blogspot.com for more from Irwin that I am not covering in this e-mail.

No court on Friday.

The good part will come when the defense brings their witnesses. I think there is a good chance of Irwin, Cindy and Larry winning, but if the government taints the jury... Would they stoop that low? I wouldn't put it past them...

Just Keep the faith!

The governments attorneys are such characters. Mr. Ingal (I believe his name is) looked so familiar to me. For 4 days I was trying to put my finger on it. And today it dawned on me.
Sans the cigarette, He could be her twin brother. Right down to the haircut. I kid you not. Email me for the photo.


The other, I think his name is Neiman, reminds me of an exclamation point that is always smiling. More of a cartoon character with a perpetual shit eating grin.

There is one that is a bit older and very quiet that sits right behind the governments table. He must be their lead council. He's the tall and handsome one. He is the best dressed in the place and has a lovely smile. If he wasn't married... Yes, I asked him. Actually I wanted to ask him to dinner. Oh well... I believe he is the one that wanted me to remove my Irwin Schiff T-shirt today, because they were "afraid" it would influence the jury. I guess they are worried. I was told by one of the security officers to just turn it inside out. So I did. No biggie. I didn't wear it with that in mind. I wore it to show Irwin support. So much for freedom of speech, eh? I wonder how they would have reacted to my Jail 4 Judges t-shirt?

Everything the government is doing is going to backfire on them. The jury is witnessing the blatant abuse of the IRS along with the judges help and I believe the jury is now looking at Irwin as their grandpa. A grandpa you can't help, but love and be proud of.

Irwin's the odds-on favorite.

Now make your flight arrangements for Vegas. http://www.flyted.com/

Have a great weekend!

Angela
Irwin Schiff News
http://www.taxfreedomnow.com
http://www.paynoincometax.com

By Anonymous Anonymous, at 9/30/2005 5:38 PM  

Blog Admin, you will of course, put Angela's post up top with Mr. Jahn's on this page?

By Anonymous Anonymous, at 9/30/2005 5:53 PM  

I had an American flag before 9/11; did you? I usually get a dirty look when I say this, but it is true; I loved American before everyone got on the band wagon after 9/11.
The technical point in Irwin's trail is that the law/code mentions the actual Word LIABILITY in all income taxes EXCEPT individual income taxes. This was not technical forgetfulness; with all of the 9000+ pages in the IRC, it would been easy to add ONE more sentence. Doc of NC

By Anonymous Anonymous, at 9/30/2005 6:18 PM  

It the Admministrator wanted to he could delete all the negative posts towards Irwin if the jury were reading the posts they would have the impression that the public were firmly behind Irwin. Thank goodness that Irwin suporters have not reached that level of scum like Dawson and the prosecutors. Note I left the word judge out of this scumbags title because he is certainly no judge. The good news is that this filthy unfit to be called human will be judged as he has judged by his maker.
John

By Anonymous Anonymous, at 9/30/2005 6:24 PM  

Hey Qualude...here are a couple of cases for you to read this weekend.

Its known as CIR v. Dixon. There are a lot of alleged professionals in the tax field just like yourself serving jibes on this cite.

The cases get the point that in this circuit its not difficult any longer to prove fraud.

http://caselaw.lp.findlaw.com/data2/circs/9th/0070858ap.pdf

http://caselaw.lp.findlaw.com/data2/circs/9th/0070858p.pdf

Enjoy dirtbag !

By Anonymous Anonymous, at 9/30/2005 6:43 PM  

'The jurors should convict Irwin for no other reason than that he has repeatedly called them "stupid" and "ignorant" and his supporter Angela has said that they are "bumps on a log".'

Mike the Radio Rebel said that all 14 of Irwin's jurors had a combined IQ of 100.

By Anonymous Anonymous, at 9/30/2005 7:19 PM  

Jack Spitz sputtered:

'The jurors should convict Irwin for no other reason than that he has repeatedly called them "stupid" and "ignorant"

Good to see you finally declare your respect for the law. Which prosecuting attorney are you?

By Anonymous Anonymous, at 9/30/2005 7:49 PM  

So in other words, this guy Tally is crying about Americans not being more forthcoming about their offshore accounts when the U.S. Congress, with the enforcement of the IRS, are giving massive tax exemptions to Non-Resident Alien accounts in the U.S. No wonder there is over $10 trillion in offshore accounts. This is total hypocrisy on the part of the U.S. Congress and IRS.

Why don't you reform yourself, Mr. Tally.

By Anonymous Anonymous, at 9/30/2005 8:04 PM  

Neither the IRS nor Congress can cite an authorizing law or regulation that compels us to file a tax return. A recent effort to prosecute a citizen for "willful failure to file" resulted in an acquittal when jurors simply asked the judge for the law, statute or regulation. The judge repeatedly refused and despite his annoyance at what seems a reasonable request from jurors, the members of the jury "smelled a rat" and freed the citizen. The judge was reportedly so PO'd he left the court without even thanking and dismissing the jurors.

By Anonymous Anonymous, at 9/30/2005 9:19 PM  

photos of schiff today just in at irwinschiff.blogspot.com........dk

By Blogger Dietrich Bonhoeffer, at 10/01/2005 12:57 AM  

link to triallogs blog added at paynoincometax.com home page..........dk

By Blogger Dietrich Bonhoeffer, at 10/01/2005 2:01 AM  

"The technical point in Irwin's trail is that the law/code mentions the actual Word LIABILITY in all income taxes EXCEPT individual income taxes."

So what? Show where the Constitution requires the use of the words "liable" or "liability".

You can't. This is yet another false argument from a twice-convicted felon.

By Anonymous Anonymous, at 10/01/2005 1:31 PM