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Re: Celerino Castillo: A few more words...
First and foremost, I would like to thank every single one of you out there who have supported my father in this time of crisis. Also, please continue with your prayers, for he is in need of them.
November 30, 2009 in Current Affairs | Permalink
Freedom Watch
FREEDOM WATCH is information pertaining to
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the Constitution, illegal immigration,
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Phylis Schlafly
by Jacob G. Hornberger
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If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy.
***********************
The Constitutional Bankruptcy of our Republic
Nathan Janes
Infowars
http://www.infowars.com/the-
Authority to Spy on Americans Unclear as Patriot Act Expires
House Defies White House and Renews Two of Three Expiring Provisions
http://abcnews.go.com/
Everything You've Always Wanted To Know About Ron Paul
Articles by and about him, and his videos, audios, and books.
http://www.lewrockwell.com/
November 30, 2009 in Current Affairs | Permalink
TONIGHT!!! ADMINISTRATIVE REMEDY to Home Foreclosures with Michael Lawrence - MONDAY
Public Service Announcement:
THIS M O N D A Y CALL
Administrative Remedy to Home Foreclosures
With Michael Lawrence
Administrative Process HE WILL DO FOR YOU to STOP the foreclosure of your home.
YOU DON'T WANT TO MISS THIS CALL!
KEEP AN EYE OUT FOR THE UPCOMING CONFERENCE CALL
REGARDING RANDY KELTON’S OFFENSIVE POSTURE
VIA CRIMINAL COMPLAINING AND WHAT IT HAS TO YIELD!
So, if you want to learn how you can accomplish this Offensive Posture for yourself, listen to and participate in the Free Tele-Conference Calls most every evening of the week. See the ‘Free Tele-Conferences’ TAB at www.YourRemedyIsInTheLaw.com. There are also the Archives to view two years of historical conference calls!
I also encourage you to purchase the 24 hour JurisDictionary Course found at the products and services page at www.YourRemedyIsInTheLaw.com. This course is the absolute minimum entry level for anyone who is anticipating having to deal with a lawful issue. It will be the best 24 hours you have ever spent! I have heard it said this course, when completely understood by you, could put you on par with 85% of the lawyers you may come across.
The Phone Numbers and Pins
are published at http://www.
I encourage you to call in to this night's free tele-conference call with Randy Kelton.
Best regards,
ME
November 30, 2009 in Current Affairs | Permalink
Update on Springer and Defense related to No Internal Revenue Districts under Title 26, Section 7621 as required by Title 4, Section 72
-------- Original Message --------| Subject: | Update on Springer and Defense related to No Internal Revenue Districts under Title 26, Section 7621 as required by Title 4, Section 72 |
|---|---|
| Date: | Sun, 29 Nov 2009 21:49:20 -0600 |
| From: | Lindsey Springer <gnutella@mindspring.com> |
| To: | lindsey springer <lindsey@mindspring.com> |
Lindsey Springer here and in accordance with the Courts Order of November 17, 2009, I write to express my sincere gratitude to each of you who have watched with great anticipation the events leading up to and now after the trial phase has concluded in 09cr-043. I am now in the pre-sentence phase.
I am having to defend against the United States in the case where the U.S. DOJ represents 11 Agents who left my home on September 16, 2005 with $ 19,000 and on January 10, 2006, chose to only return $ 17,000. That case is 06-156 (Northern Judicial District of Oklahoma) and on appeal at the 10th Circuit it is 09-5088 (Denver)(44 months and no discovery yet but looks like that will change soon). During the offense trial I was also required to draft a response brief to the United States in the "interlocutory appeal" in 09-5088. This is the second time the United States has appealed a Judges decision that went against the 11 Bivens Defendants to the 10th Circuit.
The central issue is whether there is any case ever that the Agents would have known about that alerted them to the potential liability they would suffer personally if they decided to steal money while conducting a raid on someones Fourth Amendment protected home. The U.S. tries to couch their argument in phrases like "post deprivation theft" or "after the money was seized" a theft occurred or some derivative thereof placing the theft after the currency was "seized." The District Court rejected this claim by them and held that when, where, and how much was seized, are fact issues for a jury to decide. Anyway, for those of you who have pacer you can down load my brief and the United States Opening Brief at 09-5088 if you choose.
I am also having to defend against the claim that the same attorneys representing the Bivens Defendants in 06-156 (09-5088)(10th Cir.) above have made regarding whether a lien exists against me and a Judgment should be entered against me for the amounts derived from the Bureau of Labor Statistics beginning in 1996 for 1990 through 1996. This case is 08-278 which has been on hold for several months (Northern Judicial District of Oklahoma). As most of you know, the lien was released by a "Certificate of Release" by R.A. Mitchell on August 23, 2007. This is the case where I took 11 depositions where District Director and Internal Revenue District were repeatedly testified to as terminated in or by the year 2000.
When the IRS revoked the "Certificate of Release" at the direction of the Bivens Attorneys for the U.S. DOJ, I was granted a CDP hearing option under Title 26, Section 6320. I exercised that option but on January 9, 2009, after the IRS amended their "manual" on January 9, 2009 (same day), I received a letter saying I was not allowed a CDP hearing without any explanation as to why I was being denied the hearing I had a right to have.
I petitioned tax court in 3781-09L (2009) and the Chief Judge of Tax Court ordered a hearing on September 14, 2009, which was held, and to which Tax Court Judge Paris is to issue an order on the question as to whether a proper notice was sent to me in 1999. In this case, the IRS claims the Tax Court lacks jurisdiction and that the January 9, 2009 Letter is not a "determination." The Chief Judge and Judge Paris decided if the letter deprived me of any right that the letter was a "determination" regardless of the phraseology used on the letter. In this case the IRS claim to have sent the CDP hearing notice back in 1999 to an address that was not my last known address. No one disputes the address used was incorrect. The question is consequences.
Today, November 29, 2009, I filed a Motion for TRO and Preliminary Injunction in 08-278 which explains the following issue (there are 7 but I only discuss my defense of this one as it relates to the criminal case against me also):
1. IN THE ABSENCE OF ANY INTERNAL REVENUE DISTRICTS OR DISTRICT DIRECTORS, BEGINNING IN THE YEAR 2000 TO PRESENT DAY, WHETHER FRED RICE HAS ANY DELEGATION OF AUTHORITY UNDER TITLE 26, SECTION 6301, AND 26 CFR 301.6301-1, Title 26, Section 7701(a)(12), 26 CFR 301.7701-9 AND 26 CFR 301.7701-10, TO CAUSE TO ISSUE OR ISSUE A NOTICE OF LEVY UNDER TITLE 26, SECTION 6331 AND 26 CFR 301.6331-1 AGAINST THE PROPERTY INTEREST OF LINDSEY KENT SPRINGER?
My defense is as follows:
That Title 26, Section 7621 directs
(a) Establishment and alteration -The President shall establish convenient internal revenue districts for the purpose of administering the internal revenue laws. The President may from time to time alter such districts.
(b) Boundaries- For the purpose mentioned in subsection (a), the President may subdivide any State, or the District of Columbia, or may unite into one district two or more States.
I argue that Title 4, Section 72, specifically provides "All offices attached to the seat of government shall be exercised in the District of Columbia, and not elsewhere, except as otherwise expressly provided by law." (This is a quote from Hughes) Hughes v. U.S., 953 F.2d 531, 542 (9th Cir. 1992)(they rely on 4 U.S.C. § 72..., This section does not foreclose the exercise of authority by the IRS outside the District of Columbia. The President is authorized to establish internal revenue districts for the purpose of administering the internal revenue laws, and these districts can be created outside of Washington, D.C. See 26 U.S.C. § 7621.")
My defense is further supported by the statement in Hughes which says:
"[23 Next, the Hugheses claim that the IRS cannot prevail because there is "no evidence of any delegated authority from the Secretary of Treasury to the various known or unknown agents involved." Relevant statutes and regulations demonstrate, however, that the Secretary does have the power to collect taxes, and that such power can be delegated to local IRS agents. 26 U.S.C. § 6301 provides that "[t]he Secretary shall collect the taxes imposed by the internal revenue laws." The actual task of collecting the taxes, however, has been delegated to local IRS directors. "The taxes imposed by the internal revenue laws shall be collected by district directors of internal revenue." 26 C.F.R. § 301.6301-1. District directors in turn are authorized to redelegate the levy power to lower level officials such as collection officers. See IRS Delegation Order 191. The delegation of authority down the chain of command, from the Secretary, to the Commissioner of Internal Revenue, to local IRS employees constitutes a valid delegation by the Secretary to the Commissioner, and a redelegation by the Commissioner to the delegated officers and employees. See 26 C.F.R. § 301.7701-9. Therefore, the agents involved in the case at bar were acting within their authority when they collected taxes from the Hugheses."
I am arguing that the President of the United State "abolished internal revenue districts as of October 1, 2000." (I have attached an Exhibit 2 which the U.S. DOJ admitted on May 29, 2009 in 09-cr-043 that all Internal Revenue Districts were abolished)(I argue it is the President who abolished the Internal Revenue Districts under Title 26, Section 7621 and not Congress in any statute) See Exhibit 2 which cites "Testimony of David C. Williams, Inspector General, Treasury Inspector General for Tax Administration, dated May 8, 2001, Implementation of the IRS Restructuring and Reform Act of 1998, Joint Hearing Before Committees of the United States Senate and United States House of Representatives." Without an Internal Revenue District there would be no boundary to identify and assign Internal Revenue District Directors. You can read his testimony at:
http://www.treas.gov/tigta/
I argue that 26 CFR 301.6331-1 is entitled "Levy and distraint" and states "(a) Authority to levy(1) In general. If any person liable to pay any tax neglects or refuses to pay the tax within 10 days after notice and demand, the district director to whom the assessment is charged (or, upon his request, any other district director) may proceed to collect the tax by levy. The district director may levy upon any property, or rights to property, whether real or personal, tangible or intangible, belonging to the taxpayer. The district director may also levy upon property with respect to which there is a lien provided by section 6321 or 6324 for the payment of the tax."
I further argue that Title 26, Section 6322 clearly places the lien to arise at the time the "assessment" is made and assessments are made under 26 CFR 301.6203-1 by "The district director and the director of the regional service center" who "shall appoint one or more assessment officers. The district director shall also appoint assessment officers in a Service Center servicing his district. The assessment shall be made by an assessment officer signing the summary record of assessment. The summary record, through supporting records, shall provide identification of the taxpayer, the character of the liability assessed, the taxable period, if applicable, and the amount of the assessment."
I argue Officer Rice is not the "Secretary" under any Internal Revenue Law nor is he the Secretary of the Treasury. He likewise is no "delegate" of the Secretary or Secretary of the Treasury. The only way Officer Rice can exercise any authority of the Secretary is if he meets the definition under Title 26, Section 7701(a)(11)(B) which means the Secretary of the Treasury or his "delegate."
I point out that under
Title 26, Section 7701(a)(11) entitled "Secretary of the Treasury and Secretary" and defines (A) Secretary of the Treasury - The term "Secretary of the Treasury" means the Secretary of the Treasury, personally, and shall not include any delegate of his. (B) Secretary - The term "Secretary" means the Secretary of the Treasury or his delegate. (12) Delegate (A) In general - The term "or his delegate" (i) when used with reference to the Secretary of the Treasury, means any officer, employee, or agency of the Treasury Department duly authorized by the Secretary of the Treasury directly, or indirectly by one or more redelegations of authority, to perform the function mentioned or described in the context; and (ii) when used with reference to any other official of the United States, shall be similarly construed.I argue further that 26 CFR 301.7701-9(2009) entitled "Secretary or his delegate" defines the terms to mean "the Secretary of the Treasury, or any officer, employee, or agency of the Treasury Department duly authorized by the Secretary to perform the function mentioned or described in the context, and the term or his delegate when used in connection with any other official of the United States shall be similarly construed."
I then argue that any Levy issued by Officer Rice would be in violation of several Federal Laws and Regulations. First, there exists no Internal Revenue District or District Director encompassing the State of Oklahoma and particularly where Springer lives.
Next, I argue that under 26 CFR 601.101(2009) the Secretary promulgates "General Procedural Rules" and in "Introduction" states "(a) General. The Internal Revenue Service is a bureau of the Department of the Treasury under the immediate direction of the Commissioner of Internal Revenue. The Commissioner has general superintendence of the assessment and collection of all taxes imposed by any law providing internal revenue. The Internal Revenue Service is the agency by which these functions are performed. Within an internal revenue district the internal revenue laws are administered by a district director of internal revenue."
I then argue in addition, Officer Rice is not the Secretary of the Treasury, or the Secretary. That Officer Rice has no delegation of authority under Title 26, section 7701(a)(11), 7701(a)(12), 6301, 6331, nor any authority under 26 CFR 26 CFR 301.7701-9, 301.7701-10, 301.6301-1, and 26 CFR 301.6331-1 to levy the property interests of Lindsey Kent Springer within the boundaries of the State of Oklahoma or County of Creek.
I will let you know of any response the United States or Court makes as soon as it happens.
The last issue and probably the most important is that on Monday, a Petition for Writ of Mandamus is being docketed in the United States Court of Appeals for the 10th Circuit by attorney Jerold Barringer out of Nokomis Illinois. You all may remember he was the attorney in 08-9004 (available on Pacer) where the 10th Circuit stated that the Commissioner made a frivolous argument related to the merits of my Paperwork Reduction Act claims against the Form 1040 characterizing three previous appeal decisions by the 10th Circuit. You will also remember the 10th Circuit, in their published opinion, stated that I raised difficult issues between the tax code and the Paperwork Reduction Act involving Form 1040.
In Mr. Barringers Petition for Writ of Mandamus he raises the following issues for immediate relief on my behalf:
(A) whether Honorable Judge Stephen P. Friot has a commission to hold office of the United States Northern Judicial District of Oklahoma, based upon his commission to hold office in the United States Western District of Oklahoma, dated November 4, 2001;
(B) whether the undisputed fact that the Internal Revenue Districts encompassing the State of Oklahoma were abolished by the President of the United States (or his designate) by year end 1999, renders void and makes wholly absent the Jurisdiction and Venue of the United States Northern Judicial District of Oklahoma, over offenses derived from the "internal revenue laws" alleged in the Grand Jury Indictment dated March 10, 2009 to have began in the year 2000 through 2007. [Remember 4 U.S.C. section 72 and 26 U.S.C. section 7621]
(C) whether the Public Protection Provision, Title 44, Section 3512(a) prohibits imposition of penalty for willful failure to file Form 1040 (not withstanding any other provision of law), upon Springer by any Article III Court, where the undisputed fact is that the Form 1040, which is inexorably linked to each of the Six Counts of the March 10, 2009 Grand Jury Indictment levied against Springer, failed in every way to comply with either the Paperwork Reduction Act of 1980 or 1995, and/or with Office of Management and Budget Regulations requiring certification of compliance by the Chief Information Officer of the Internal Revenue Service for years 2000 through 2007.
Once there is a docket number tomorrow from the 10th Circuit Court of Appeals, I will send that number out so each of you can find a way to obtain what Mr. Barringer has stated as an officer of the Court in his Petition for Writ of Mandamus on my behalf.
The District Court has not restrained me from receiving support for myself so I can defend myself. I do appreciate all the support you can throw my way. I can receive support at either Paypal through lindsey@mindspring.com or I can also receive any form of currency, including checks and money orders, in the name of Lindsey Springer only and at 5147 S. Harvard, # 116, Tulsa, Oklahoma, 74135. Thank you for your consideration in supporting me in these matters.
November 30, 2009 in Current Affairs | Permalink
Climate Gate Documentary from Alex Jones
Great production by Alex Jones about the CimateGate Controversy. Interviews with prominent anti-anthropogenic global warming scientists, telling how they are harassed by the GW community. Brings to light the substance behind the hacked East Anglia Emails. ~Jim Azzola
November 28, 2009 in Current Affairs | Permalink
Freedom Watch
FREEDOM WATCH is information pertaining to
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the Constitution, illegal immigration,
2nd Amendment, political correctness
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It is FREE and sent to you via E-mail.
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***********************
Attorney General Says ACORN Can Be Funded by Federal Govmnt
http://www.nytimes.com/2009/
Congress Must Stop the Trial in New York City
by Phyllis Schlafly
http://www.eagleforum.org/
What Can We Learn from 1860?
By Linda Brady Traynham
http://whiskeyandgunpowder.
An Open Letter to Glenn Beck
Tom DiLorenzo on the 5 Pledges.
http://www.lewrockwell.com/
ClimateGate For Dummies
Steve Watson & Paul Joseph Watson
Infowars.net
http://www.infowars.com/
AMERICA - FROM FREEDOM TO FASCISM
Aaron Russo
http://www.poodlecrap.com/
Practical Internet Privacy – PostScript
by Paul Green
http://www.lewrockwell.com/
November 28, 2009 in Current Affairs | Permalink
Vote Ron Paul: News Update 11-28-2009
47 W. Polk St. Suite 100-408, Chicago, IL 60605
November 28, 2009 in Current Affairs | Permalink
BUY AMERICAN!!
November 28, 2009 in Current Affairs | Permalink
Relive the Ron Paul Presidential Campaign
Dear C4L Member,
C4L is happy to announce that we have now added the For Liberty: How the Ron Paul Revolution Watered the Withered Tree of Liberty DVD to our online store!
For Liberty: How the Ron Paul Revolution Watered the Withered Tree of Libertydocuments this pivotal moment in our nation's history - from the quiet murmurings of a possible Ron Paul presidential run in 2007 to the explosive movement that has since shaken the political and media establishment.
Learn to what lengths individuals were willing to go to combat the disintegration of the Republic, as grassroots activists and patriotic heavyweights alike recount their experiences with the Tea Parties, the historic Moneybombs, and much more.
For Liberty recaptures the emotional highs and lows of Ron Paul's 2008 presidential campaign. This grassroots-produced documentary not only preserves a piece of American political history, but it is guaranteed to encourage future generations of freedom fighters.
Bestselling author and historian Tom Woods says For Liberty, "Knocked it out of the park!" And Marc Gallagher of LibertyMaven.com believes, "This is not just a story about the Ron Paul Revolution. It is a blueprint for a better America."
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And for a limited time, both For Liberty and Ron Paul Presents: The Rally for the Republic DVDs can be yours for a special price of only $35.99.
Ron Paul Presents: The Rally for the Republic brings you the freedom movement's biggest celebration, when 12,000 activists gathered in Minneapolis, Minnesota to celebrate our beliefs and officially kick off Campaign for Liberty. This 3-disc set includes speeches from Ron Paul, Tom Woods, Barry Goldwater, Jr., and more, as well as highlights from the Rally and a mini-documentary about C4L's three days of events in Minnesota.
Available in time for the holiday season, spread the message to family and friends and continue the Revolution with For Liberty and Rally for the Republic DVDs!
In Liberty,
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Director of Marketing
Campaign for Liberty
P.S. You can now purchase your own copy of For Liberty: How the Ron Paul Revolution Watered the Withered Tree of Liberty from the C4L online store for $19.95. As always, Local Coordinators receive an additional 20% off - making the price only $15.96!
November 28, 2009 in Current Affairs | Permalink
Vote Ron Paul: News Update 11-27-2009
47 W. Polk St. Suite 100-408, Chicago, IL 60605
November 27, 2009 in Current Affairs | Permalink
