RICO and the IRS

29 Jun
June 29, 2013

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The 9th Circuit dismissed the RICO lawsuit after I tweeted that I was going to go to the Supreme Court with a Writ of Mandate in an effort to compel a court decision.  The Appeals Court dismissal decision was accompanied by a “memorandum” rather than an opinion.  The memorandum was without legal support.  I suppose they hoped I would just go away.  I won’t give up though (I am playing the long game). I subsequently petitioned to have the Court tell me why all the following was not true (a re-hearing):
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RICO lawsuit dismissed at 9th Circuit

20 Jun
June 20, 2013

Do you wonder what I am going to do next GOV?

I tweeted (twitter) that we were going to file a writ of mandate demanding that the 9th Circuit rule on our lawsuit.  Guess what?  Three hours later they did. Hmmmm.  Coincidence? I doubt it:

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Tick-tock United States, the clock is running …

26 May
May 26, 2013

When will we get our day in court?

All lawsuits have had their arguments made at the Ninth Circuit.  According to a 9th Circuit FAQ (http://www.ca9.uscourts.gov/content/faq.php), decisions are rendered between 3 months and a year after final arguments.

But, apparently not for us:

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The IRS has power to police itself for intentional violations of the law

16 May
May 16, 2013

Unchecked Power NewsThe IRS’ oppressive use of power recently is a direct consequence of bad IRS laws.

Congress has provided the IRS the power to police itself by eliminating deterrence for intentional violations of the law.  This post tells you how the law does it.  This particular enabler for abuse power has been in place for years.  Recently however, federal power has accumulated in Washington.  The willingness of federal employees to exceed their lawful power in the pursuit of some agenda has also expanded.  Have you wondered why the debate in Washington has become rancorous lately?  It is because the political parties are fighting to control that unjust power.  Our representatives should be fighting to limit or eliminate it.  They are not.

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When IRS Agents Break Laws it should be Clearly Unlawful

16 May
May 16, 2013

Are we becoming a country inhabited by 2 separate sets of folks, those who must follow the laws and those who might follow the laws?  The US District Attorney has the duty to prosecute people who have been found to be engaged in criminal behavior.  In our case, District Attorney Laura Duffy responded to allegations of corruption, by multiple IRS employees over a long period of time,  in essence by stating that IRS agents get a pass since their illegal activities, since they might not have noticed that they were breaking laws.  Would that line of reasoning work for  the rest of us?

Even if the Court were to find that plaintiffs had established a constitutional or statutory right that they claimed the IRS Defendants had violated, which they cannot, the actions taken by the IRS Defendants in investigating and collecting outstanding tax liabilities cannot be said to be “clearly unlawful” to a reasonable officer in that situation.’  (United States Attorney Laura Duffy, 10-cv-02105: Dkt. 63);

Without Citizen Pushback, Government Will Run Amuck

15 May
May 15, 2013

In defense of IRS agents who have been accused of breaking numerous laws over the course of about a year, Deputy Assistant Attorney General Tamara Ashford stated in writing that some group within the Department of Justice ( “We”), and perhaps the entire Agency, is comfortable barring citizens from suing federal employees, even when the legal trangressions of those federal agents run afoul of laws designed to protect us from criminal gangs:

“We nevertheless maintain that the language in Wilkie, as well as the principles underlying that decision, are broad enough to bar a RICO suit against government employees in any situation where the employees are acting for the financial benefit of the United States.” (Deputy Assistant Attorney General Tamara Ashford, 9th Circuit Appeal, 11-56062-Dkt. 18; 31, ¶2)

Rep. Duncan Hunter–for IRS, assault is the bar.

15 May
May 15, 2013

Rep. Duncan Hunter – The Kenner’s representative

I finished my conversations with Representative Duncan Hunter (initial emails: EMAIL 1 EMAIL 2).  What a disappointment.  With the collaboration of the House Ways and Means committee, Duncan Hunter’s office has decided that the immunity laws are just fine.  According to Hunter’s office (tel. conv.), the Ways and Means committee staff do not want IRS employees’ behavior changed.  I responded that IRS employees then have no limits to the acts they can perform in order to collect taxes.  Duncan Hunter’s office replied that there is a limit–assault.

:-(   This is good to know.

 

Constitutional Appeal Filed.

14 May
May 14, 2013

KennerFederal statutes defeat deterrence for IRS employees’ intentional violation of the law.  This is why the IRS acts like a bully.

We sued, claiming that once deterrence for intentional violation of the law is defeated, a taxpayers’ due process rights can be undone.  The lawsuit was dismissed because the District Court concluded that once Congress gives IRS employees immunity, that is all the due process we should expect.

All briefs for the constitutional appeal have been filed at the 9th Circuit.  The United States brief is the most poorly argued of the entire dispute.

United States answering Brief

We, in turn, cut them no slack for their departures from the facts, law, and the constitution.

Kenner reply brief

For reference, the Kenner opening brief is here.

The Obama Administration Does Not Protect the Rule of Law

26 Apr
April 26, 2013
Secretary Janet Napalitano of the Obama Administration

Secretary Janet Napalitano of the Obama Administration

Congress legislates, the Obama Administration Invalidates

The federal government has apparently concluded that the rule of law is an advisory system:

OBAMA ADMIN CAN PICK WHICH LAWS TO ENFORCE

Department of Homeland Security Secretary Janet Napolitano argued that she has the ability to “set priorities” within her department–thus, the ability to ignore what the Obama Administration considers low priority laws.  But, Congress is required to allocate the resources to enforce the laws it creates.  And it does.  This particular argument by Sec. Napalitano is merely a ruse and just another example of how the federal government and the Obama Administration frustrate the will of the people.

Our problem is not unique.  As I have mentioned before, the IRS enjoys laws that encourage or enable IRS agent’s intentional violation of the law.   At first we thought it was an oversight when IRS remedy statutes were enacted.  Now, we must accept the prospect that our legislators want federal employees to be above the law.  It is not always clear to me however, if the Obama Administration understands that systemic disrespect for the rule of law has long term consequences to the legitimacy of the federal government.

Protected property is a broad term when it comes to due process rights

11 Apr
April 11, 2013

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Our appeals court constitutional brief disputing the legitimacy of laws providing personal immunity to IRS employees for intentional violation of the law has been filed (SEE HERE).

Judge Anello (a Bowdoin Grad–Bowdoin is a misguided liberal arts school) dismissed the lawsuit in district court finding that when IRS employees have immunity for intentional violation of the law, a person shall not reasonably expect more since a legislative process providing immunity is the sum total of your due process.  In other words, democracy is due process.  Hmmm.  I guess they could just legislate away individual rights through majority rule.  Oh wait …  now exactly what did that report say about the liberal arts curriculum of Bowdoin?

Oh, yeah, did you know that  the IRS can read emails and texts without a warrant.

It was nevertheless a enjoyable appeal brief to write.  Judge Anello provided me with the case law references to dispute his decision (argument).  Both the opposition attorneys and judges always do.  Here is what Judge Anello inadvertently taught me:

Constitutional “protected property” rights go way beyond the protection of your home and other like real assets.  The Supreme Court has concluded that protected property rights include any thing you have an expectation to:  for example, a driver’s license or even a professional license.  We argued simply that we have an expectation that the laws of the country will be observed.  It does not matter whether the legislature chose to undo them for federal employees.  (See the brief for arguments and case law–beginning on pg. 21)

The legislature undid lawlessness deterrence with the immunities it granted IRS employees for intentional violation of the law when the United States is the beneficiary.  However, deterrence is a critical.  Without it, you might expect to get your money back from the IRS when they break the law, but do not expect IRS employees to proactively respect the law.

Deterrence is a property right entitlement.

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On a separate note.  I finished my conversations with Representative Duncan Hunter.  What a disappointment.  With the collaboration of the House Ways and Means committee, Duncan Hunter’s office has decided that the immunity laws are just fine.  According to Hunter’s office, the Ways and Means committee staff do not want IRS employees’ behavior changed.  I responded that IRS employees then have no limits to the acts they can perform in order to collect taxes.  Duncan Hunter’s office replied that there are limits–assault.

🙁   This is good to know.