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WOW -- ex IRS agent fighting government in court !

 
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MMHaffner
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Joined: 27 Jan 2005
Posts: 131
Location: Bay Area....For Now.

PostPosted: Wed Jun 22, 2005 4:21 pm    Post subject: WOW -- ex IRS agent fighting government in court ! Reply with quote

"IRS agent Joe Banister discovered to his apparent horror that he had been persecuting American citizens based on an assumed law that did not in fact exist, he wrote to his superiors, pointed out the areas in the Tax Code that appeared to be illegally enforced, and asked their help in showing him his error. Instead of showing Banister where he was incorrect, his superiors wrote him back and asked for his resignation. What does that tell you?"
http://health.groups.yahoo.com/group/Educate-Yourself_Forum/message/17 636

Here's his blog.
http://joebanister.blogspot.com/

His website.
http://www.freedomabovefortune.com/

Jury is in deliberation on his case in a San Jose court. Jury deliberations expected to last through Friday.
Verdict expected on Friday or before..

I'm gonna make time to wipe the area clean of parasites around the jury. This is a Huge case.
Anybody that wants to do their own kind of blasting is very welcome !
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MMHaffner
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Joined: 27 Jan 2005
Posts: 131
Location: Bay Area....For Now.

PostPosted: Wed Jun 22, 2005 5:43 pm    Post subject: Reply with quote

Just realized one has to join educated-yourself.org forum to read posts.
So here's the post, in case anybody wants to read it.

From: "Judith" <sr1216@...>
Date: Sat Jun 18, 2005 2:41 pm
Subject: Fw: VITALLY IMPORTANT INFO -- DO NOT DELETE --


Ladies & gentlemen:

There is a trial going on in San Jose, California right now that will
directly affect more American citizens than any other trial that has ever
been held anywhere in the United States at any other time in our history.
The importance of the outcome of this trial to the United States Government
is so great that no national news media is covering it. This trial is more
important than any trial Court TV has ever covered.

This trial is a classic David and Goliath battle of just one lone man,
Joseph Banister, against the full power and resources of the Government of
the United States. The federal judge presiding over the case is so crooked
that when Judge Shubb dies, they'll have to screw him into the ground.

In case you are unfamiliar with Joe Banister, let me tell you about an
uncommon man with more character and integrity than any human being I've
ever met, read or even heard about outside the Bible itself. Mr. Banister
was an IRS agent earning $80,000.00 annually, who actually began to study
the Income Tax Code and discovered it did not apply to most American
citizens, and that it was being enforced by the IRS and Government of the
United States illegally.

Most American men earning $80,000.00 annually, who are married with two
children and have a house, cars and all the normal trappings of the American
Dream, would ignore such a finding and continue doing what they do. But
Banister was actively and successfully investigating people for tax fraud
and tax evasion. I'm not familiar with the cases Banister handled, but most
IRS agents in Banister's position are the catalyst in bringing people to
trial on federal tax charges, imprisoning them and causing them to lose
everything they ever worked for in many cases.

So when Joe Banister discovered to his apparent horror that he had been
persecuting American citizens based on assumed law that did not in fact
exist, he wrote to his superiors, pointed out the areas in the Tax Code that
appeared to be illegally enforced, and asked their help in showing him his
error. Instead of showing Banister where he was incorrect, his superiors
wrote him back and asked for his resignation. What does that tell you?

So Banister left the IRS and went into private business. He has never been
shy about explaining his findings, and he is in good company. Another
organization, We The People, has publicly challenged the IRS to an open
debate and to answer many of the same questions Banister asked his
superiors. In that case as well, the IRS and other government officials
have refused to meet with the citizens asking the questions, and they have
refused to answer their questions in writing.

I don't have to tell any of you how easy it would be for the IRS to simply
answer the questions and make the entire controversy go away, but apparently
they cannot answer those questions without admitting their enforcement of
the Tax Code has been illegal all along. There simply is no other logical
explanation that makes sense, and Terry Lemons of the IRS made the
following, shocking statement: "The government is answering the petitions
through enforcement actions." In other words, we don't need no stinkin'
law, and you better pay your taxes whether the law says you have to or not.
So much for the Rule of Law in this nation. You may want to read my former
article, "Fighting Words" at
http://www.thepriceofliberty.org/03/10/08/worden.htm

Here's the Banister Case as I understand it. The feds are prosecuting
Banister for conspiracy to commit tax evasion/fraud based on Banister
telling the employees of a clothing manufacturer located in Shasta City,
California what Banister had discovered about the Tax Code. So Banister
tells the group what he's learned and the employer decides he doesn't have
to withhold taxes from his employees anymore. That was the employer's
decision entirely, and Banister was doing nothing more than exercising his
First Amendment right to free speech. At no time during the meeting did
Banister urge the employees or the owner to stop withholding taxes, and it
is notable that Banister himself has continued to file his tax returns every
year, even since he left the IRS.

I hope every one of you will forward this article to every message group you
have contacts with, because this is a case that has an effect on every
American citizen, no matter what their political persuasion. Many who read
this will initially assume I'm a tax-protester, but that is not the case. I
believe very strongly that we need to support our great nation, although I
do admit I don't like how the government spends my tax dollars in many ways.
No, this is a fundamental violation of the American Way. In a nation where
every politician and judge and cop insist we are a nation under the Rule of
Law, the Rule of Law must FIRST apply to the government of that nation as an
example to all citizens. If the government of a nation insists on the
citizens observing the Rule of Law, while flaunting it and threatening to
crush anyone with "enforcement actions" who insist on the government's equal
observance, then that government has deteriorated both morally and legally
into tyranny.

The article following my comments here recount Day 3 of the Banister Trial
as of Thursday, June 16, 2005. It reveals a corrupt federal judge who is
actively trying to assist the prosecution in every way possible, even
expressing frustration that the federal case is so weak. What do we expect
from a judge who is paid by federal tax dollars? How can we expect that
crooked son of a bitch to rule fairly in a trial that threatens his own
paycheck? If the judge had the character of a Joe Banister, he would, but
this judge is a gutless and corrupt little man who was well-briefed on the
importance of this case before he took his seat behind the gavel. In a case
of this much importance to this corrupt federal government, I wouldn't be at
all surprised to learn many of the jurors have been hand-picked to convict
no matter how weak the federal case. But if an impartial jury has been
impaneled, there is no way they are going to convict Joe Banister of
anything more serious than having personal integrity.

Like the Founding Fathers of this nation, Joe Banister has put everything he
has in this life at risk, including his own freedom. He has placed the
financial security of his wife and children at risk, and he has placed
everything he owns at risk for nothing having to do with personal gain.
This man deserves the moral and financial support of every single American
family, and I'm proud to say I have personally contributed to Banister's
Defense Fund.

I urge you all to do the same, but even more importantly, I am asking you
all to go to a quiet place, bend a knee and ask God, in the name of Jesus
Christ, to protect Joe Banister from the evil that threatens him. I am
asking you to ask God to confuse the minds of those who wrongly persecute
Joe and his family, and to open the hearts of those jurors hearing
Banister's case, no matter what their personal prejudice might be. Joe
Banister is an example of what God expects us all to be when confronted with
evil. If character is defined by what a person would do in a given
situation if he knew for a certainty nobody would ever find out what he did
and why, then Joe Banister has the kind of character we all need to
emulate -- and support.

The recount of Trial Day 3 follows.

Carl F. Worden






Joseph Banister Trial Day 3, Thursday June 16, 2005

The day started out with the government's 7th witness, Thomas DiLeonardo,
who is currently an assistant US attorney in New Jersey. During the fall of
1997 he was a trial attorney and worked with Joe on a fraudulent tax return
case.

The defendant in that case owned three gas stations/convenient stores and
was accused of under reporting income. This witness stated the following:

- Joe was a competent Special Agent who did exemplary and superior work.

- During the investigation of the above mentioned case Joe did not ask him
questions about the 16th amendment, 861 or any issues about the legality of
the Federal Income Tax.

- He, Thomas DiLeonardo, did receive Joe's report on the Federal Income Tax,
but he thought it was just the same old tax protester arguments that the
courts years have ruled against for the last 10 or 15 years.

- Before doing the Amended returns that Joe did for Al Thompson, Joe knew
how to do the regular/traditional kind of return that most people do.

When Joe's attorney, Jeff Dickstein, cross-examined Thomas DiLeonardo, he
admitted that:

- Joe knows what is fraudulent and willfulness.

- In the spring of 2000 Joe tried to contact and meet with Thomas
DiLeonardo, but he was out of town (DC).

- On April 9, 2001 in Washington, D.C., Thomas DiLeonardo saw Joe marching
around the IRS building and had a conversation with him trying to find out
what these people were doing. He admitted that Joe asked him to address the
demonstrators, but he declined.

- Thomas DiLeonardo never studied Subchapter N of the IRS Code, and does not
know what it covers.

- DiLeonardo came to California in April 2001, and had a conversation with
Joe. Joe told him why he resigned from the IRS, and asked him to help get
some answers by arranging meetings with DiLeonardo's superiors, to discuss
his questions about the legality of the Federal Income Tax.

- Mr. DiLeonardo agreed and sent an e-mail to three individuals. The first
one was Ron Semino, who was the Chief of the Western Division of the U.S.
Department of Justice's Tax Division. The second and third one's were
Melissa Shriebman, and another DOJ Tax Division lawyer who were involved
with tax protest issues and have handled a lot of tax protest kind of
arguments.

- Jeff asked "Are you still friends with Joe?"

Special Agent Shawn Breslin responded "I have no reason not to be."
Obviously these Special Agents and DOJ lawyer who worked with Joe still had
high regard for Joe and were not willing to lie to hang their old friend.

When DiLeonardo said that Joe's arguments were frivolous Dickstein responded
"Frivolous? Doesn't frivolous mean without case law to back it up?" and
DiLeonardo replied yes. Then Jeff said, "frivolous, isn't that what the
government calls things that they don't want to answer/understand."

However the government objected and the judge sustained. Then when Jeff
started asking this witness about the tax law and regarding the 16th
amendment the judge objected on his own! The judge said that he would not
let the jury decide whether the 16th amendment was ratified or not.

This witness was dismissed and they gave the jury a 10-minute break while
they all decided whether to let Al's California Franchise Tax Board tax
returns into evidence. The judge said it was not relevant.

Witness number 8 was an IRS Special Agent, Shawn Breslin, CPA. He had been
a special agent since 1991 and he started investigating Al Thompson in
September of 2000. There were some exhibits that the government had where
calculations were made on what Al supposedly owed. These exhibits had "for
criminal purpose" on them and Jeff objected so that government had to do all
the exhibits over again. While the special agent testified the jury got
corrected copies of these schedules. When the government asked the special
agent questions he testified to the dollar amounts.

On cross examination Jeff asked him over and over and over whether anyone
impeded, impaired, obstructed or defeated the IRS from calculating,
assessing or collecting the tax on Cen Cal (Thompson or his company or
employees) and he said no every time. Jeff asked whether Joe impeded,
impaired, obstructed or defeated the IRS from calculating, assessing or
collecting the same alleged taxes and he said no. The Special Agent, Shawn
Breslin, noted that he has been with the IRS for 13 years but does not know
the civil side of the IRS.

He, Special Agent Shawn Breslin, did not know whether Al Thompson's 1040's
had been audited. Jeff asked if Joe Banister had an obligation to file the
941's for Al's company and he said no. Jeff said, "It's Al's responsibility
not Joe's, not the employees and not Al Thompson's payroll tax preparer
Susan. Special Agent Shawn Breslin answered: yes, it's Al's responsibility,
in response to Jeff's question.

This ended Government's case against Joe and concluded the prosecutions'
presentation to the Jury.

The jury was dismissed for the day and told to come back Friday at 9 am.
There was a break from 11:40 to 2:30 because the judge had another brief
matter to handle.

Then at 2:30 the sparks started flying. Joe's lawyers made a motion to
dismiss the charges against Joe under Rule 29 of the Federal Rules of
Criminal Procedure, which REQUIRES a dismissal of the charges, if the
Government fails to produce ANY evidence in the trial that could possibly
show guilt of the defendant. Jeff cited on point U.S. Supreme Court case
U.S. v. Galletti, 541 U.S. 114, 121 (2004), Caldwell case (from the 9th
Circuit Court of Appeals) to show that Joe's speech does not and cannot
constitute conspiracy, and that there was A COMPLETE ABSENCE OF PROOF by the
Government. The judge asked the government to rebut that, and they did a
poor job, since they did not have a case in the first place.

The judge, however, did not want to dismiss the case.

Jeff stated again that the government did not prove an underlying tax
liability. The judge asked the government why they did not do a better job
of preparing the IRS Special Agent when being asked about conspiracy to
impair, impede, obstruct or defeat the IRS?

The judge agreed that none of the government's witnesses proved willfulness
or conspiracy.

The judge continued to argue with Jeff about it. Jeff told the judge that
Rule 29 requires the judge to dismiss the charges because of lack of ANY
proof. The judge did not want to dismiss the case, because if he did, the
U.S. Government could not reverse his decision by going to the 9th Circuit
Court of Appeals. But if he ruled against Joe, then he could get the judge
reversed by the 9th Circuit. Jeff reminded the judge that the law REQUIRES
dismissal when the Government fails to provide ANY proof. The judge stated
that he felt that Rule 29 is not fair to the Government and that there is
some talk in the Congress to change Rule 29, so that the Government could
appeal the dismissal of their case.

Jeff reminded the judge that AT THIS TIME and until Congress changes the
law, the judge must dismiss the charges! However, Judge Schubb did not want
to embarrass his fellow government officials who had successfully got a
Federal Grand Jury to indict a ham sandwich (Joe) and wanted to convict the
ham sandwich of the non-existent crimes (Joe's alleged conspiracy and false
statements). The judge argued a fair amount about this with Jeff and
eventually made the political decision of going against the plain language
of the law and against the evidence in the case by refusing to dismiss any
of the charges.

Next, both sides took out portions of the Deposition (under oath videotaped
and transcribed testimony) of Joe's boss at the IRS, Mr. Gordini. The
government wanted 7 items extracted and the judge let them extract 6.

The defense wanted 1 item extracted and the judge let them extract it. It
was a very insignificant item. Joe's lawyers are having the video edited
for the jury's view in the morning.

Judge Schubb, attempted to prop up the government's case by letting all of
the charges hang in there, for now, when the government did not provide any
proof of the charges, but by letting them all go by the defense will be able
to present all the evidence they want to bring in. With the conspiracy
charge intact, Joe will be able to fully explain his story before, during
and after his career with the IRS for the jury to see and evaluate for
themselves. So all in all we believe the trial is going over well for Joe,
as expected.

Friday the Video of Mr. Gordini and two of Joe's witnesses will testify, and
then Joe will testify later on Friday or on Monday. We expect the trial to
be over around the middle of next week.

At the end of the day upon coming out of the courtroom, Joe motioned for
about 15 of us to come together in a huddle. We could see he was filled
with emotion and did not know what to expect. About 30 feet away was his
Mother, Aunt, his wife and youngest son. He quietly told us of his burden
of the difficulty all this has been on his wife and sons. He asked us not
to respond to his wife in any way because for now it would not be good. She
would only receive it in a negative way. Special prayers need to be offered
up for his wife and sons. The oldest is 17 and would not come. We all hurt
for them and realize how serious this is and how great a sacrifice has been
made by this family. We appreciate so much what Joe is doing for all of us
and this is something we can do for him.

Yours in truth, freedom and justice,
Sherry ,Ken, Ross, Peymon and Harry
_________________
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"It's not that you are not all Powerful, but rather...... you live in a system that does everything in its power to make you -Think- you are not all Powerful."
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spade
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PostPosted: Thu Jun 23, 2005 2:55 am    Post subject: Reply with quote

Joe has been fighting the good fight alongside Larken Rose of http://www.861.info and Bob of http://givemeliberty.org for a few years now. This court hearing has been that long in the making. I wish them more success than they can handle - their cause is directly confrontational with the Federal tax fraud that has been occurring for some 60 years and which had been conceived far before that.
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MMHaffner
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PostPosted: Thu Jun 23, 2005 6:54 pm    Post subject: Reply with quote

Right you are Terry.

Here's a good piece fully explaining exactly what's going on.
http://www.givemeliberty.org/RTPLawsuit/Update2005-06-10.htm
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ZoXo
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Location: greater chicagoland

PostPosted: Thu Jun 23, 2005 7:56 pm    Post subject: Reply with quote

As an interesting side to the Mark Felt story:

If anyone has read "The Rape of Justice - America's Tribunals Exposed" by Eustace Clarence Mullins, there is a reference in the book to Mark Felt being deepthroat. The book was published in 1989! I just obtained a copy of it recently and was reading it and almost fell out of my chair.

Mr. Mullin's life was spent fighting our government and especially the judicial crime that was and still is rampant. I found this book to be a great read and full of insight into how the corrupt government does its business through the "law".

It's too bad the media has ignored the tax case, but would we expect any less of them? I myself am going to contact the local media and ask why they haven't picked up on this.

Marc
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lk
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PostPosted: Fri Jun 24, 2005 4:38 am    Post subject: Reply with quote

Found not guilty!!

Full story:
http://www.joebanister.blogspot.com

lk
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MMHaffner
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Location: Bay Area....For Now.

PostPosted: Fri Jun 24, 2005 5:46 pm    Post subject: Reply with quote

Yeah I just saw that !
Should be interesting to see what the hell the next steps gonna be. Definite progress against the massively-lobodomized-tyrannical-Behemoth that we mistakenly call "government for the people".

Hell yeah go get em Joe !
Cool
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The_Doctor
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PostPosted: Fri Jun 24, 2005 10:48 pm    Post subject: Reply with quote

Hopefully we can pull the same thing off here in Canada.
This is great news...

Dean
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edoardx
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PostPosted: Mon Jun 27, 2005 12:02 am    Post subject: don t make hima a HERO!!!! Reply with quote

i think it s very hard to be as we are
if we try to react to injustice we find ouself
immediately TARGET of Injustice itself......

Rolling Eyes
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