Letter: Conviction result of ‘principled stand’
After reading the distorted press release in the April 4 Gazette-Journal regarding my sentencing, I am compelled to respond. Yes I was found guilty and sentenced to 46 months in prison. This was the result of my taking a principled stand against some of the fraudulent and deceptive practices of the IRS. Unlike approximately 97 percent of defendants in federal cases, I refused to accept a plea agreement believing that because my actions were supported by very specific sections of the tax code, I would be found innocent of these charges.
To give the reader a feel for the court proceedings that followed, please imagine yourself in the following scenario: The jury has been excused from the courtroom. Your attorney is attempting to introduce into evidence an exhibit consisting of two verbatim excerpts of the tax code upon which you had relied, only to be told by the judge that it was inadmissible because it would "confuse the jury." When your attorney respectfully protests, the judge interrupts stating, "I will instruct the jury as to what the law says."
You attempt to introduce two letters from Congressmen which support key elements of your defense, only to be told that they are merely "hearsay" and therefore inadmissible and besides, they too would be confusing to the jury. As a layman who has always possessed a respect for the law and a belief in due process, you are dismayed to learn that, apparently, one of the most important objectives of federal court is to make sure that the jury is not confused by facts.
The trial lasts for six days. The prosecutors have 109 exhibits which they are permitted to introduce at will. Of your 12 exhibits, 10 are deemed to be inadmissible. You are eventually declared guilty by the jury and you cannot blame them. Having served on a number of petit juries and one grand jury yourself, you know that they are just regular citizens discharging their civic duties. Based on the evidence they were permitted to see, they arrived at a verdict which they believed to be an appropriate one.
At your sentencing hearing, the prosecutors vigorously argue (they were on a roll) that you should receive a sentence "enhancement" for obstructing justice because you … now get this … had refused to plead guilty in the first place! Their logic is Orwellian! The judge eventually corrects them, but only after making some negative comments about your character. Such is the current state of our system of justice.
I continue to have a profound reverence for our founding documents and for the Constitutional republic entrusted to us by the founding fathers—truly the greatest experiment in human freedom in the history of the world. But, like the Roman Republic, it is being destroyed from within. It is becoming increasingly clear that we are governed by ruling elites most of whom act as if they themselves are above the law.
These elected representatives have abrogated fiscal accountability by giving control of the issuance of our currency to a private banking cartel called the Federal Reserve which, in concert with these same lawmakers, has debased our currency and obligated us, our children and grandchildren to a now virtually un-payable federal debt. This debt is made possible and collateralized by the full faith and credit (read taxing power) of the U.S. government. The personal income tax, according to the actual wording of the Internal Revenue Code and numerous Supreme Court rulings, is simply a benign, Constitutional tax which is being systematically misapplied to the earnings of most Americans. Our third president and fellow-Virginian, Thomas Jefferson, foresaw the danger of a central bank and the resulting confiscatory activities when he stated: "If the American people allow private banks to control the issuance of their currency, first by inflation then by deflation, the banks and corporations that will grow up around them will deprive the people of all their property until their children will wake up homeless on the continent their fathers conquered."
In the absence of systemic changes in our government including a return to Constitutional principles and the emergence of true statesmen to replace corrupt career politicians, our Republic is destined to follow the path of that of the Romans.
As for me, I will serve my sentence in as productive a manner as possible secure in my faith in God and the knowledge that I took a stand for my beliefs and I will continue to pray daily for my country.