A BIG THANKS to the many
- View SourceI owe a BIG THANKS to the many who have guided me to the point where myself and my wife have been able to come before the Second Circuit District Court in the spirit and intent that there is nothing so wrong with our government that what is right with our government can’t correct, and now we are about to move the case forward whereby we have filed our Notice of Interlocutory Appeal to the United States Court of Appeals for the Second Circuit. Of course, this is taking place because we are in the battle now over the subject of the IRS not being a proper party as an Agency of our Government in which “Jurisdiction is conferred upon District courts by 18 U.S.C. §§ 241, 1001, 1341, 1344(2), 1346, 1621, 1622, & 2113in terms of the major fraud upon the Plaintiffs as well as all other Americans and by 18 U.S.C. § 1031upon the United States, …”
The ORDER I was originally responding to was where the Court entered (Docket No. 23, Line No. 6 ¶ 2) that “Second, the IRS is an agency of the United States under the Secretary of the Treasury. See 26 U.S.C. 7801(a)(1); see also McNeil v. United States , 78 Fed Cl. 211, 220-21 (Fed. Cl. 2007).” And then Court also entered (Docket No. 23, Lines No. 7-8 ¶ 2) that “A suit against the IRS is, therefore, a suit against the United States. See Nassar v. United States, 792 F. Supp. 1040, 1043 (D. Minn. 1992); see also Shanklin v. Fernald, 539 F. Supp. 2d 878, 884 (W.D. Tex. 2008). Thus, representation of the IRS here by attorneys for the United States is proper. See 28 U.S.C. §§ 515(a), 547.”
This is based entirely on the presumption that because 26 U.S.C 7801makes reference to the Secretary of Treasury as having full authority to administer and enforce the internal revenue laws and has the power to create an agency to enforce such laws, it therefore provides the bases of a legislative grant for the Internal Revenue Service to have been created as a body established by "positive law" because it was created through a congressionally mandated power, with section 7803(a) explicitly providing for the Commissioner to administer and supervise the execution and application of the internal revenue laws, the Internal Revenue Services (IRS), i.e., the Commissioner and his or her employees, is a part of the United States Department of the Treasury, and the Department of the Treasury is an executive agency of the United States . 5 U.S.C.S. §§ 101 and 105; 31 U.S.C.S. § 301. Accordingly, the IRS is an agency of the United States Government and, like
the Department of the Treasury of which it is a part, the IRS and its agents are not agents of a foreign principal.”
In paragraph No. 11 of my Request for leave to file an Interlocutory Appeal I stated that “Apart from the fact that 26 U.S.C. 7801(a)(1) does in fact read that ‘In general -- Except as otherwise expressly provided by law, the administration and enforcement of this title shall be performed by or under the supervision of the Secretary of the Treasury’, Title 26 of the US Code is merely prima facie (meaning that unless rebutted would be sufficient to prove a particular proposition or fact) evidence of the laws contained in those titles. (See 26 U.S.C. 7806(b))” And in paragraph No. 16 I argued that “… the Guarantee Clause in the U.S. Constitution guarantees the Rule of Lawto all Americans and qui tam Plaintiffs have already stated that (Docket No. 17 ¶ 8) “The evidence now before this Court clearly shows the Named Accused “Government Contractor (the IRS)” is NOT and Agency of our government, and is nothing more than a preferred
Contractor who has clearly gained so much power that its very existence is inconsistent with our federalist structure of government, in which the Ninth Amendment plainly states that “The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people” and the core of sovereignty "reserved to the States respectively, or to the people" is enshrined in the Tenth Amendment, which declares that "powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States" [respectively, or to the people] “… - and with the Guarantee Clause of Article IV, 4 - which directs the United States to "guarantee to every State . . . a Republican Form of Government." New York v. United States, 5112 S. Ct. 2408, 144 (1992).” See also, Wieboldt Stores, Inc. v. Schottenstein Stores Corp., 1989 U.S. Dist. LEXIS 5216 (N.D. Ill. May 5, 1989) (noting that
novelty and complexity will be key factors when considering §1292(b)’s “substantial disagreement” element).
But the District Judge Denied our Request and now we move forward without the approval of the District Court to file our Interlocutory Appeal (which are rare rare rare so there just isn’t a lot of good research for us to fall back on as we move forwards with this) so we ask that others pray that [the Creator] guides us to a point where we will learn enough fast enough to succeed. Basically, I would like to develop the statement that for the Second Circuit Court of Appeals to leave the Plaintiffs in a position where the Secretary of Treasury has the power to create an Agency (the IRS) it would be a strong sign that the reversal humanity’s steady march towards “ordered liberty” is a reality, suggesting that we transitioned from a form of government in terms of a National Republic to a Federal Democracy without going through the amendment process required by Article V of the Constitution.
And finally, the District Court’s Docket History (the total of all documents submitted to date) of our case can be viewed at:
We are to be governed by Law that is developed in relation to the Federal and State Constitutions and not by arbitrary US Code which is merely prima facie (meaning that unless rebutted would be sufficient to prove a particular proposition or fact) evidence of the laws contained in those titles.
Yahoo! Groups Links
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On Mon, 2008-07-28 at 20:41 -0700, William Greene wrote:
But the District Judge Denied our Request and now we move forward without the approval of the District Court to file our Interlocutory Appeal (which are rare rare rare so there just isn’t a lot of good research for us to fall back on as we move forwards with this) so we ask that others pray that [the Creator] guides us to a point where we will learn enough fast enough to succeed. Basically, I would like to develop the statement that for the Second Circuit Court of Appeals to leave the Plaintiffs in a position where the Secretary of Treasury has the power to create an Agency (the IRS) it would be a strong sign that the reversal humanity’s steady march towards “ordered liberty” is a reality, suggesting that we transitioned from a form of government in terms of a National Republic to a Federal Democracy without going through the amendment process required by Article V of the Constitution.I fell behind on this group and didn't get to your message until today. The following may help explain what you're up against (not a true government agency but rather a private corporation). Hopefully this is not too late to help.
A couple of groups have discovered that the courts are operating under the Foreign Sovereign Immunity Act as they're foreign-owned corporations. AIB Radio has a lot of information on this available on their Talk Shoe archive at http://www.talkshoe.com/talkshoe/web/talkCast.jsp?masterId=48361&cmd=tc. Start with the June 27 show titled EPISODE72 - AIB RADIO FOREIGN SOV IMMUNITY ACT 6 27 08. They are reporting success in court with affidavits similar to the one attached. I have many more documents from this group, contact me directly if you'd like me to make them available to you.
The following was posted in a Yahoo group that I'm in:
What I have found may surprise a couple of you an some may not believe it until they see it for themselves, I sent this information out to the masses and have had absolutely no response about it, people must be sleeping out there. If you can please comment on it I would appreciate it. just to let you know from this prospective communicating with these entities I have had nothing but positive results:
All the Bill of Rights and the Constitution did was create a Charter for the Corporation. We already had a government in place under the Articles of Confederation with a Congress, but they allowed the corporation to be created and we let them do it for we the sovereign independent nations in the confederation did not know any better since it was mostly done behind closed doors.
The Civil war in the 1800s had nothing to do with slavery as proven later by continued enslavement by mandated segregation of whites and blacks in the 50s and 60s, that Civil war had everything to do with control of the land and the people in it, It was a "Hostile Corporate Takeover" or " Corporate Reorginization " whatever you want to call it that the south was fighting with the north over.
What started this research is learning that there was a few founding fathers that absolutely refused to sign the Constitution, I wanted to know why and their reasoning for it. (Google search "Shays Rebellion"}
What we did not know and what they knew is that these plans for an incorporation had been planned out all along in which they gave us many warnings to avoid carefully. it was secretly known they could be shot or hung for speaking against it, and a couple of them were hung. Such people were also called terrorists. So be careful what you give your allegiance to.
Pay close attention to the text in RED, how it relates in the corresponding information below it.Executive Offices of the United States Government"The Committee of Nine Appointees/authoriz ed agents calling the shots"THE ORGANIC LAWS OF THE UNITED STATES OF AMERICAARTICLES OF CONFEDERATION 1778
Article X. The committee of the States, or any nine of them , shall be authorized to execute in the recess of Congress, such of the powers of Congress as the United States in Congress assembled, by the consent of nine States, shall from time to time think expedient to vest them with; provided that no power be delegated to the said committee, for the exercise of which, by the articles of confederation, the voice of nine States in the Congress of the United States assembled is requisite.
The following are results from Manta.com :
Executive Office Of The United States Government
Phone: (202) 456-1414
SIC: Executive Offices
Line of Business: Executive Office/Development
Detailed Executive Office Of The United States Government Company ProfileThis company profile is for the private company Executive Office Of The United States Government, headquarters located in Washington, DC. Executive Office Of The United States Government's line of business is executive office/development.
Company Profile: Executive Office Of The United States GovernmentYear Started:1787 ( Before the Reconstruction acts took place, how many times have we heard of corporations reorginizing? )
State of Incorporation: N/A
Location Type: Headquarters
Parent Company: Government Of The United States
Contact Name: George W Bush ( Responsible Party )
Contact Title: President
Data above provided by D&B.
Morris K. Udall foundation
Who We AreThe Udall Foundation is an agency within the executive branch of the United States government. The President appoints nine members of its board of trustees, with the advice and consent of the U.S. Senate; the other four members serve by virtue of their positions within government.
[[ Corporation of London ]] The London Virginia Company became the first as a joint stock company by a royal charter drawn up on April 10, 1606. It swiftly financed the first permanent English settlement in the New World which was at Jamestown in the Virginia Colony in 1607. Its Second Corporate Charter was officially ratified on May 23, 1609 .
[[ All done behind closed doors ]]
-- Marc H. Fishman MFishman@... "When you find yourself in a hole, the first thing to do is stop digging." PGP KeyID: 6C8E212E75CDBD79 PGP Key Fingerprint: E620 1F11 D3AC 6FEC 4CC5 8CA6 6C8E 212E 75CD BD79
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