|TAX DEPOSITION QUESTIONS: 8. COURTS ARE CLOSED|
The Courts act in collusion with the Executive and the Legislative to perpetrate the income tax fraud and deny the Constitutional protections of Due Process and Separation of Powers.
Findings and Conclusions
With the following series of questions, we will demonstrate that the federal courts are involved in a conspiracy to protect and uphold the federal income tax, in violation of the laws of the United States, the U.S. Constitution, and that these acts amount to Treason against the sovereign People described in Article III of the Constitution and punishable by execution. We will also show that:
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8.3. Admit that the United States Supreme Court in South Dakota v. Yankton Sioux Tribe, 522 U.S. 329 (1998) stated: (WTP #234)
"[w]e assume that Congress is aware of existing law when it passes legislation."
8.4. Admit that Congress enacted 44 U.S.C. §3512 in 1980. (WTP #235)
8.5. Admit that 44 U.S.C. §3512 states that: (WTP #236)
any other provision of law, no person shall be subject to any penalty
for failing to comply with a collection of information that is subject
to this subchapter if--
8.6. Admit that United States Supreme Court Chief Judge Taney in 1863 protested the constitutionality of the income tax as applied to him. (WTP #237)
8.7. Admit that United States District Court Judge Walter Evans, in 1919 protested the constitutionality of the income tax as applied to him. (WTP #238)
8.8. Admit that United States Circuit Court Judge Joseph W. Woodrough in 1936 protested the constitutionality of the income tax as applied to him. (WTP #239)
8.9. Admit that United States District Court Judge Terry J. Hatter and other federal court judges in the 1980s protested the constitutionality of taxes as applied to them. (See United States v. Hatter, 121 S.Ct 1782 (2001) (WTP #240)
8.10. Admit that even in criminal cases where a loss of freedom can be the result, American citizens who are not judges are precluded by the federal judiciary, and with the express approval and consent of the Department of Justice and U.S. Attorney, from arguing the constitutionality of the income tax as applied to them. (WTP #241)
8.11. Admit that the Executive and Judicial branches of the federal government label Americans who challenge the legality of the federal income tax as "tax protesters." (WTP #242)
8.12. Admit that United States Supreme Court Chief Judge Taney submitted his protest in a letter to the Secretary of the Treasury. (WTP #243)
8.13. Admit that letters of protest written to the Secretary of the Treasury by American Citizens are used by the Executive branch of government, and accepted by the Judicial branch of government, as proof of income tax evasion and conspiracy against those who write the letters. (WTP #244)
8.14. Admit that if an individual required to make a return under Section 6012(a) of the Internal Revenue Code fails to make the required return, the statutory procedure authorized by Congress for the determination of the amount of tax due is the "deficiency" procedure set forth at subchapter B of Chapter 63 of the Internal Revenue Code, commencing at Section 6211. (WTP #255)
8.15. Admit that if an individual required to make a return under Section 6012(a) of the Internal Revenue Code fails to make the required return, Congress mandated at Section 6212 that the individual is required to be served a "notice of deficiency" setting forth the amount of tax imposed by Subtitle A of the Internal Revenue Code per Section 6211 of the Internal Revenue Code. (WTP #256)
QUESTIONS ADDED BY AUTHOR BEYOND ORIGINAL WE THE PEOPLE HEARING
8.16. Admit that the Internal Revenue Service maintains records on Federal Judges under Treasury/IRS System of Records 46.002.
8.17. Admit that 28 U.S.C. §455 makes it illegal for federal judges to hear a case involving conflict of interest on their part.
8.18. Admit that most federal judges pay federal income taxes.
8.19. Admit Article 3, Section 1, Clause 1 of the U.S. Constitution requires that salaries of federal judges shall not be diminished while they are in office..
8.20. Admit that nonpayment or underpayment of federal income taxes by federal judges could result in diminishment of their salaries because of levy by the IRS..
8.21 Admit that the IRS is part of the Executive Branch of the federal government.
8.22. Admit "political audits" and targeted collection activity covertly or overtly directed by the President of Members of Congress in the Executive Branch could reasonably result in diminishment of the salaries of federal judges through levy or garnishment, and could be used as a weapon to coerce judges in certain cases before them related to income taxes.
8.23. Admit that the "political harassment" of judges described in the previous question using the power of the IRS would violate Article 3, Section 1, Clause 1 of the Constitution and 28 U.S.C. §455 by creating a conflict of interest.
8.24. Admit that the "political harassment" of federal judges by the IRS in the Executive Branch violates the Separation of Powers Doctrine but nevertheless quite reasonably could happen.
8.25. Admit that few federal judges allow any questions about their own level of conflict of interest to be entertained openly in court after the jury has been selected and in front of the jury, including questions about their experiences with the IRS and whether they are currently the target of collection activity.
8.26. Admit that for judges who have conflicts of interest in adjudication of tax-related cases before them, the techniques they might use to influence the case could for their personal benefit or the benefit of the government include the following:
8.27. Admit that the conflicts of interest described in question 8.26 above all fall under the classification of suppressing or hiding the truth, which amounts to conspiracy to obstruct or conceal wrongdoing, which is identified in John 3:16-21 as a sin, by stating:
8.28. Admit that the Seventh Amendment of the U.S. Constitution requires a jury trial for "Suits at common law, where the value in controversy shall exceed twenty dollars".
8.29. Admit that the U.S. Tax Court does not permit jury trials.
8.30. Admit that according to the U.S. Supreme Court in Downes v. Bidwell, 182 U.S. 244 (1901), Congress may not pass legislation that retracts or circumvents the operation of the Constitution or the Bill of Rights within a state of the Union of states that is part of the United States of America. In particular, the statement of the court supporting this conclusion is as follows:
8.31. Admit that 28 U.S.C. §2201 prohibits the federal courts from making declaratory judgments about rights or status in the context of federal income taxes. In particular, it states:
8.33. Admit that the prohibition of Congress against legislating away the operation of the U.S. Constitution does not apply on federal properties coming under Article 1, Section 8, Clause 17 of the U.S. Constitution that have never been covered by the Constitution.
8.34. Admit that because Congress cannot legislate away the operation of the Constitution in the 50 states (that is, in other than federal enclaves within these states), the only geographic jurisdiction that federal income tax cases can mandatorily (by the force of law, rather than by ignorant citizens volunteering) be applied by the courts within these states is federal areas or enclaves, which shall be referred to subsequently as the "federal zone".
8.35. Admit that Thomas Jefferson, one of our founding fathers and author of our Declaration of Independence, said of the following about the powers of juries and the right of juries to judge the law as well as the facts:
"It is left... to the juries, if they think the permanent judges are under any bias whatever in any cause, to take on themselves to judge the law as well as the fact. They never exercise this power but when they suspect partiality in the judges; and by the exercise of this power they have been the firmest bulwarks of English liberty." --Thomas Jefferson to Abbe Arnoux, 1789. ME 7:423, Papers 15:283
"If the question before [the magistrates] be a question of law only, they decide on it themselves: but if it be of fact, or of fact and law combined, it must be referred to a jury. In the latter case of a combination of law and fact, it is usual for the jurors to decide the fact and to refer the law arising on it to the decision of the judges. But this division of the subject lies with their discretion only. And if the question relate to any point of public liberty, or if it be one of those in which the judges may be suspected of bias, the jury undertake to decide both law and fact. If they be mistaken, a decision against right which is casual only is less dangerous to the state and less afflicting to the loser than one which makes part of a regular and uniform system." --Thomas Jefferson: Notes on Virginia Q.XIV, 1782. ME 2:179
"The juries [are] our judges of all fact, and of law when they choose it." --Thomas Jefferson to Samuel Kercheval, 1816. ME 15:35
"We all know that permanent judges acquire an esprit de corps; that, being known, they are liable to be tempted by bribery; that they are misled by favor, by relationship, by a spirit of party, by a devotion to the executive or legislative; that it is better to leave a cause to the decision of cross and pile than to that of a judge biased to one side; and that the opinion of twelve honest jurymen gives still a better hope of right than cross and pile does." --Thomas Jefferson to Abbe Arnoux, 1789. ME 7:423, Papers 15:283
8.36. Admit that Thomas Jefferson, one of our founding fathers and author of our Declaration of Independence, said of the following about the ability of the judicial branch and judges in general to undermine and destroy our Republican system of government:
8.37. Admit that Thomas Jefferson, one of our founding fathers and author of our Declaration of Independence, said of the following about judicial independence and the importance of a moral and ethical and accountable judiciary: