Monday, October 03, 2005

Irwin Schiff Trial update by Mark Yannone

posted by David Jahn @ 10/03/2005 10:05:00 PM  

3 Old Comments:

David,
Please ask or advice Irwin
During Irwin’s summation to the jury he must point out that not only has he not found a law which compels the payment of income tax but several IRS agents (one of which testified today) admitted under oath during the trial that they did not find such a law either.
Also, can he get into evidence the fact a Nevada U.S. Senator (previously a Nevada U.S. congressman) ) admitted (on the radio or in print) that he asked the Congressional Library to find a law requiring the payment of income tax and the Congressional Library could not find such a law. Has Erwin subpoenaed that Senator?

By Anonymous Anonymous, at 10/04/2005 3:04 PM  

Under normal circumstances this idea would be ridiculous. However Irwin is on trial for his life. So, due to the fact Irwin put the judge and prosecution team on notice that if the judge gave the jury a false jury instruction about the law them they would be entering into a illegal conspiracy he should now file criminal charges against them. No, neither the Sheriff or FBI or Federal Marshals will act but then, while the jury is in attendance Irwin should attempt to make a citizens arrest.
Of course this will just get Irwin more sanctioned days in jail but if it sends the message to the jury that this is a travesty of justice isn’t it worth it?

By Blogger The Law, at 10/04/2005 4:37 PM  

One comment I wanted to throw in, in case Irwin or anyone involved is reading is: If someone with the IRS or the judge throws out some IRC sections and says those are the sections that establish the so-called liability (for 'any tax' being submitted on 'any form', etc.) -- then don't those sections have to be shown on the indictment?

They can't just go around and charge you with violating a statute that they don't disclose until the trial, can they? (I know they do -- but they shouldn't, or aren't supposed to as a matter of law, are they?)

Some food for thought. -- cmw

By Anonymous Anonymous, at 10/04/2005 9:18 PM