Back in the 1990s, a nationwide tax-shelter and investment business named Anderson’s Ark Associates caught the Internal Revenue Service’s attention. Claiming that it was nothing more than a tax-evasion scheme, the IRS indicted those involved — including investors who didn’t know it was a scam and who had lost their investments.
What transpired then has become the focus of several US~Observer investigative reports. With several successes at the hands of the winningest lawyer in America against the IRS, Houston-based Michael Minns, there is one final client who deserves vindication: Dr. Erik Dehlinger.
Written in 2004 exclusively for the US~Observer, “Jury Rights! Jury Nullification” became an Internet sensation and a regularly referenced work regarding the true responsibilities of a jury. Now, almost 10 years later, much has happened that further compromises the jury system.
Our courts have systematically stonewalled juries when it comes to the knowledge of their right to decide not only the case but the law. Even Black’s Law Dictionary (Sixth Edition) defines “jury” as “a certain number of men and women selected according to law, and sworn to inquire of certain matters of fact, and declare the truth upon evidence to be laid before them.” Informed jurors must educate themselves to prevent this from happening. Schools do not teach the Constitution of the United States on even the most rudimentary level, much less the rights and duties of a juror.
Splintered, reeling in panic, angry: This is the state of my union, my America. Not the Washington, D.C., world of “reality,” where they pretend to know what the public needs and where their lack of knowledge of the needs of their constituency absolutely astounds me.
Splintered because there are really two Americas. One wants nothing more than a government that leaves them alone. A government that works under the letter of Constitutional law, allowing for the states to make tough economic choices. A government that realizes its public isn’t a bunch of sheep that need to be led or children whose hands they have to hold. They are the responsible America who, in bad times, unite to get things done. They are the ones that you can rely on to search for you if you’re lost or to build you a new home should yours burn down. They are the true community, built from the neighborly way of old, living under the principle of “do unto others as you’d have them do unto you.” Bottom line, they are the doers. They are the ones who work long and hard. The ones who believe capitalism equals inventiveness, creativity and opportunity. They stand for the little guy, weak or injured. They show him how to get back on his own feet, and then they leave him to live his life as he wishes — as long as it doesn’t harm others. This America believes in true justice, based on factual guilt. They believe the pursuit of happiness is something to be worked for, not handed, and that life and liberty are the only things that are “given” and that both are worth dying for.
Medford, Ore. — Twin brothers Don and Jason Libby, owners of Jackson County Security, have both been cleared of separate false criminal charges stemming from different encounters with the Medford Police Department (MPD). MPD manufactured claims that the two bothers committed serious crimes, and they were eventually arrested and charged.
Jason Libby’s case was dismissed on June 27, just before trial. Don Libby was found innocent of all charges on Sept. 3 (also the date of his wedding anniversary) following a three-day trial.
A good number of people are hailing the Affordable Care Act (Obamacare) as a way to establish universal healthcare in the United States. Hogwash! These same people are holding up the new bill to tax handgun and ammo sales as a way to curb gun violence. Rubbish! The real reason for these “feel-good” laws has nothing to do with government’s compassion for its citizens. First, government doesn’t feel anything for its citizens. It just is. It does not have feelings. It is not alive. It is, however, comprised of living beings who have separated themselves from the rest of society by passing laws that give them luxury and advantage over the rest. And the one thing those people in government need to do is to find new ways to bring in revenue so their position is never threatened — especially those in high-up positions.
While the rest of us will likely just rely on Social Security, if it still exists, for our retirement, government has its own plan paid for by us. Look at the myriad local-level politicians whose retirement programs are bankrupting their communities. Can anyone say Detroit?
Jackson County, Ore. — Administrative government, comprised of “administrative hearings officers” (unelected judges) who act as judge, jury and executioner in many cases across the United States have created serious problems for our country. Citizens in Jackson County, Ore., claim this type of system is causing them “permanent damage.” “Administrative hearings deprive us of our 7th Amendment right to trial by jury” and also violate Oregon’s Constitution, Article 1, Section 17: “Jury trial in civil cases. In all civil cases the right of Trial by Jury shall remain inviolate.”
In 2011, more than seven years after Bernie Zieminski of Clams LLC, purchased a billboard, he was accused of “illegally illuminating the billboard.” Zieminski had already proven that other charges to remove the billboard by Jackson County and the State of Oregon were frivolous because the sign was protected under free speech, which has been upheld in other cases by the Supreme Court. So with nothing to go after Ziemenski for, the county finally saw the “light.” (No pun intended.)
“The Court has carefully considered the filings of the parties as well as today’s hearing and the court finds for purposes of sentencing these defendants that the Government has failed to carry its burden of proof by a preponderance of the evidence, much less by clear and convincing evidence, that the tax loss exceeds zero.” — The Honorable James A. Teilborg, judge
PHOENIX — It is unusual for a reporter to start a story simply quoting the trial court verbatim, but the ruling is the story. This was the sentencing in U.S. v. Kerr and Quiel following a six-week long trial in Phoenix, where the defendants were charged with income tax crimes and were facing 35 years in prison for international tax conspiracies. The story ends with a finding that the government did not prove beyond a preponderance that a tax debt was due and owing.
Have you ever heard of being arrested and charged for a crime that you might commit? If you live in Kansas and are unlucky enough to get in the evil crosshairs of Assistant U.S. Attorney Terra D. Morehead, it is a distinct possibility. Especially when you consider that her boss, Barry Grissom, U.S. Attorney for the District of Kansas, has not responded to any of the factual evidence against Morehead and her false prosecution of Jose Velasco-Veyro, as detailed in Too Fast, Too Furious: Jose Velasco-Veyro Faces False Federal Charges.
Velasco-Veyro was unjustly named on a November 2012 superseding indictment along with five other Hispanics, including Ramon Chavez Sr. and his “mentally deficient” son, Douglas Chavez, as part of an alleged gun trafficking operation.
Sadly, on Oct. 13, 2006, 85-year-old Lucy Miller was killed while making a reckless U-turn. In April 2007, Jamie Clark, the other party to the accident, was charged with DUI manslaughter. Now, evidence has emerged showing prosecutors withheld evidence of Clark’s innocence. Justice is not being served here. More so, this case exemplifies the old adage “two wrongs don’t make a right.”
On Aug. 27, the 41-year-old Clark’s post-conviction relief (PCR) hearing began in front of Judge John Kastrenakes. The hearing lasted three days, during which time 15th Judicial District assistant state prosecutors Leigh Miller and Judith Arco extracted numerous twisted lies from their witnesses in an all-out effort to deceive the judge. Clark’s attorneys, Alan Ross and Benjamin Waxman, were able to clearly show that material evidence was not made available to Clark’s original defense counsel prior to or during his trial and subsequent false conviction.
History shows us that great minds throughout the ages realized that every free governing body must have three powers to exist:
Legislators to create laws.
An executive branch to enforce the laws.
And a judicial branch to adjudicate violations of those laws.
The Magna Carta, or the Great Charter of 1215, was the first significant recognition of the importance of separation of powers and the right of a trial by a jury of your peers. Almost 500 years later, in 1748, French philosopher Baron de Montesquieu published his theory on the separation of powers. Montesquieu is credited with denoting separate functions of government as legislative, executive and judicial.