Main thread for Ed and Elaine Brown vs the evil IRS

[JosephSHaas]

Judges recuse in both cases, federal and mine.

1.) http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20070919/NEWS01/709190372

2.) http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20070919/NEWS01/709190328

[Kat Kanning]

Judges recuse in both cases, federal and mine.

1.) http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20070919/NEWS01/709190372

2.) http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20070919/NEWS01/709190328

It's good when the government fears the people.

[Kat Kanning]

Accused Brown Supporter To Remain Jailed Until Trial

POSTED: 11:01 am EDT September 19, 2007
UPDATED: 12:10 pm EDT September 19, 2007

CONCORD, N.H. -- A New York man charged with providing guns and other assistance to convicted New Hampshire tax evaders Ed and Elaine Brown will stay jailed until his trial in November.

Daniel Riley, of Cohoes, N.Y., waived his right to a detention hearing Wednesday morning in U.S. District Court in Concord. He faces four felony counts stemming from allegations he plotted against the government and federal officials by helping the Browns evade authorities.

Meanwhile, two other Brown supporters arrested last week, Cirino Gonzalez, of Texas, and Jason Gerhard, of New York, are expected to make their first court appearance in New Hampshire on Thursday.

A fourth man, Robert Wolffe, of Randolph, Vt., is already in jail pending a November trial.

http://www.wmur.com/news/14149511/detail.html

[DadaOrwell]

Is it just me or does it seem strange that two different defendants would "agree" to be jailed?
and one just before his lawyer was able to show video of his interview...

[Russell Kanning]

maybe they are trying to go along to get along .... I don't think it works to well

[ChristianAnarchist]

I've stated (at freetalklive) that the gov will use an isolation strategy with the Browns.  They will make it impossible for others to provide anything that looks like assistance without being arrested.  It is far easier for them to arrest these peaceable visitors and charge them with crimes in hopes that some will turn state's evidence against the Browns.  When they get enough new "evidence" to charge them with more crimes (like terrorism) they will then move in to "eliminate" the threat.  All the neighbors will be soooo grateful for the good "government" eliminating the "terrible" Browns who were making life so hard on them.  They will leave a burned out crater where the Browns beautiful house was and sell their land for the "taxes"...

It's way too late for "peaceful" means of dealing with criminals who violate individual rights (unless Ron Paul actually wins - very unlikely)...

[Braddogg]

Is it just me or does it seem strange that two different defendants would "agree" to be jailed?
and one just before his lawyer was able to show video of his interview...

Not all that strange if they want to be martyrs.

[KBCraig]

Is it just me or does it seem strange that two different defendants would "agree" to be jailed?
and one just before his lawyer was able to show video of his interview...

They might be going that route to avoid being subject to bail conditions.

[armlaw]

Judges recuse in both cases, federal and mine.

1.) [url]http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20070919/NEWS01/709190372[/url]

2.) [url]http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20070919/NEWS01/709190328[/url]

I am still waiting for some one to show me where in Title 28, has congress delegated criminal jurisdiction to the Administrative Tribunal acting as a United States District Court in Concord, New Hampshire.

My diligent review of Title 28 reveals CIVIL jurisdiction has been delegated but I can not find criminal jurisdiction anywhere in Title 28 but I do find it in Title 18, as follows;

TITLE 18 > PART II > CHAPTER 211 > § 3231Prev | Next § 3231. District courts

"The district courts of the United States shall have original jurisdiction, exclusive of the courts of the States, of all offenses against the laws of the United States."

This is clear! Original Criminal jurisdiction is vested by congress with an Article III, "district court of the United States" and NOT with the administrative tribunal acting as a "United States District Court". 

The United States supreme court actually defined the controlling syntax in Mookini v. United States (1938) 303 U.S. 201. Relying on the Mookini reference in Nguyem v. United States in 2003, it would appear that these magistrates do not have criminal jurisdiction? If so, this is a significant issue, JURISDICTION, which may be challenged at any time, even after a so-called judgement has been reached.
If there is no criminal jurisdiction on the record, it would appear there has been "Fraud Upon The Court" by all participants in this matter.

Magistrates are appointed for a specific term of years in office as they are mere employees of the corporation. Article III Judges are appointed for LIFE and have no S/S, Income Tax or Medicare taken from their compensation as Article III prohibits any diminishing of their compensation.

Accordingly, Article III judges can not be coerced by other bureaucrats in the corporation. Any reader is invited to "show me the jurisdiction". This is the current issue!!!!
 

It's good when the government fears the people.

[JosephSHaas]

...Meanwhile, two other Brown supporters arrested last week, Cirino Gonzalez, of Texas, and Jason Gerhard, of New York, are expected to make their first court appearance in New Hampshire on Thursday...

http://www.wmur.com/news/14149511/detail.html

According to Janice, in the Clerk's Office at just before the 4:00 p.m. closing time (note: the incoming phone calls from the public shut down at 3:00 p.m. every day), she told me that:

(1)  Jason's  arraignment +/or detention hearing (depends on what happened out in Missouri: The "Show Me State", where he waived the right to question N.H. Feds out there as having NOT complied with N.H. RSA 123:1), is scheduled for 11:00 o'clock a.m; and;

(2) that Reno has yet to be assigned* an attorney, so his case might be right after that.

What is this assignment* of attorney crap!? Won't one of them tell the leach to back off ?  Leach as in a sucking parasite paid by the Feds FOR the Feds, so dare any of them ever assert this 1-8-17 U.S. Constitutional challenge of there being a "Consent" offered to the Feds here in N.H. way back in 1883 but declined! for "concurrent jurisdiction", the Feds wanting "exclusive"** jurisdiction for asserting their powers to charge and hear such, in the U.S. Attorney's Office and court respectfully, but really NO jurisdiction!

J.S.H.

** re: armlaw's  Reply #_____ above, paragraph #4.

[JosephSHaas]

Accused Brown Supporter To Remain Jailed Until Trial

POSTED: 11:01 am EDT September 19, 2007
UPDATED: 12:10 pm EDT September 19, 2007

CONCORD, N.H. -- A New York man charged with providing guns and other assistance to convicted New Hampshire tax evaders Ed and Elaine Brown will* stay jailed until his trial in November.

Daniel Riley, of Cohoes, N.Y., waived his right to a detention hearing Wednesday morning in U.S. District Court in Concord. He faces four felony counts stemming from allegations he plotted against the government and federal officials by helping the Browns evade authorities...

http://www.wmur.com/news/14149511/detail.html

* Not if I can help it!  He "might" be released! and on an habeas corpus petition, granted by a MAss. judge telling the N.H. Feds to "Wise up!"

Bernie and I met with Danny's brother Bill after court for breakfast over at Reme's, and he said that his brother was on a hunger strike that includes not drinking any water either! Bill thought he looked drugged, and I recommended that maybe a "private" doctor get to visit him for a check-up.  I know in N.H. jails they give you a free physical on your third day before you're transferred to general population to make sure you don't have any T.B.

Plus BTW they did a fast maneuver of getting him out of Dover,N.H. in Strafford County and down to MAss. Here's a re-type of my 1-page letter to him that was mailed out today from Concord:

" Dan -
To: Daniel Riley, inmate, Essex County Jail, 20 Manning Ave., P.O. Box 807, Middleton, MAssachusetts 01949-2807  978: 750-1900.

Date: Wednesday, September 19th, 2007 [in courtroom #1 this morning where I met your brother Bill.]

RE: Petition for a Writ of Habeas Corpus.

Dear Danny,

--Here is the return of what I sent to you in Dover.  Although Ch. 37 is for New Hampshire a similar petition can be filed by you at the Essex County Superior Court in Salem, MAss. [computer note now: I forgot to strike this, as I never got my #10 envelope to him returned by the Post Office, per Monday's mailing; so they must have forwarded it to him?]

--The only evidence you need to win release from custody is the copy of the certified letter proving the federal non-filing to RSA Ch. 123:1 statute copy also enclosed, with the back-up of the 'embraces courthouses' from the U.S. Attorney Manual!  See 664 paper enclosed too.

--Further info not needed but to rub it in, is the organizational chart of the federal courts and the AOC reply to Sununu's letter, all three copied and enclosed for you.  The burden of proof is on them as per the Main v. Thiboutot cvase 100 St.Ct. 2502 (1980) with details later, as per my Reply #5359 copy enclosed.

--Since the Feds have NO proof of filing they are the 'militants" with FORCE as evidence! and so us needing not to enforce re-actionary, but revolutionary rights as per Article 10, N.H. Constitution and backed up with weapons.  See my Reply #5256 on this Mark Potok 'bullshit-artist' who is brainwashing the public thru the media."

Best wishes, - - - - - - - - - - Joseph S. Haas, P.O. Box 3842, Concord, N.H. 03302, 603: 848-6059

P.S. Also enclosed is some MAssachusetts info that maybe some fellow inmates can use to their benefit in an habeas corpus too."

Quotation marks. End of letter.

Details of photocopies being:

A.) For Danny's Petition for a Writ of Habeas Corpus:
(1) The certificate of September 10, 2001 signed by Wm. M. Gardner, Secretary of State himself; (2) http://www.gencourt.state.nh.us/rsa/html/IX/123/123-1.htm
(3) http://www.usdoj.gov/usao/eousa/foia_reading_room/usam/title9/crm00664.htm see the "Dravo also..." paragraph for this "embraces courthouses".
(4) Senator John E. Sununu, letter of June 13, 2007
(5) ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, WASHINGTON, D.C. 20544 letter of July 24, 2007 from Cordia A. Strom, Assistant Director;
(6) The Main v. Thiboutou case in Reply #5359 here on page 358 on Fri., Aug. 24 '07 @ 10:10 AM see http://newhampshireunderground.com/forum/index.php?topic=3868.5355
(7) (a)The "militant" details over at Reply #4349 on page 290 here of Wed., June 20 '07 @ 10:04 AM, see http://newhampshireunderground.com/forum/index.php?topic=3868.4335
(7) (b) see also Reply #5265 on page 352 of Fri., Aug. 10th '07 @ 10:08 AM for my comment of this "militate" over at The http://www.unionleader.com at http://newhampshireunderground.com/forum/index.php?topic=3868.5265

B.) For a fellow MAss. inmate to put a "monkey-wrench" into their case:
1. The June 1, 2007 letter to me fromJ ohn Hannigan, of the MAss. Archives
2. My e-mails to him of: Thu., May 3 '07 @ 2:59 PM, resent Thu. 5/10 @ 11:44 AM; the one of Mon., May 21 '07 @ 12:22 PM with the link correction at 12:46 PM (see A3 above).
3a The re-type of my e-mail of Sat., April 28 07 @ 10:11 AM to the MAss. Sec. of State over at Reply #3111 pn page 208 here @ 10:04 AM See http://forum.soulawakenings.com/index.php?topic=3868.3105 (the old website);
3b http://www.sec.state.ma.us/seccon.htm
4. John Hannigan's e-mail to me of Tue., May 22, 2007 @ 2:49 PM over mine to him of Tue., May 22, 2007 @ 2:23 PM.
5. My e-mail to Hannigan of Tue., May 22 '07 @ 10:49 AM.

Modification: B3a= http://newhampshireunderground.com/forum/index.php?topic=3868.3210 is Reply #3224 on page 215 here @ 10:04 AM of Sat., April 28, 2007.

Modification #2: Jail telephone # 978: 750-1900.

[DadaOrwell]

great comments on the latest union leader article about the browns

traditionally the comments there have been anti-brown, but washington's moves last week seem to be going over badly.  Comments now are coming back evenly mixed. 

It's the classic thing...every time the feds sit still their stature goes up, but when they make a move their stature goes down.   The more they do the deeper they slip into the quicksand.

Some of the hostile comments are backhanded compliments.  Folks saying "if it werent for all these free staters this would all be resolved."  In other words they are crediting free staters for at least temporarily saving the browns.  and a lot of people get it, too....tons of discussion about constitutional rights and what not coming out of this.
 

[DadaOrwell]

can someone plz provide us contact info for each of the prisoners so we can write them?

i have my stack of postcards ready.

[JosephSHaas]

great comments on the latest union leader article about the browns....
 

I guess that Ronald Phelps of #___ ____________ Street, Concord, N.H. Tel. _________ who commented about us being a bunch of "clowns" back on June 21st (type in "Ed Brown" in the search box, upper right of http://www.unionleader.com goes right to it) has nothing to say on the latest:

http://www.unionleader.com/article.aspx?headline=Haas+trial+moved+from+Newport&articleId=5d7ce5ea-78a0-4082-ace0-d60d8716bb17

Mrs. Terry Dudley, former Clerk of the House Judiciary Committee sitting in the courtroom on Tuesday gloating to testify that she felt threatened, not realizing that it was the WRONG court!  And we have people like her having put statutes on the books alright, but WHERE is their "oversight"!? I asked this of the chairman there a few years ago, and she said there is none!  If you don't like something, you wait until the following year and TRY to get a State Rep. to put in a House Bill.  Bullshit! Read my latest comment on the State Pension System in today's UNION LEADER.  Article 36 calls for an annual vote per retiree, NOT the "system"! and there are many in government, like our current governor who REFUSE to do their jobs while being paid every two weeks, but still get more later in retirement.  This crap has got to stop.  The governor "shall" be responsible for enforcing all legislative "mandates" by the "shall" word, according to Article 41, but does he?  Hell now he won't go there. RSA 123:1 requires the Feds to file with Bill Gardner's Office of Secretary of State.  Ed voices this to the Federal judge, and he laughs.  The governor laughs as he is an attorney too, and in the same bar, the code is to protect the brothers even over their RSA 92:2 oaths of office.  His oath is a farce.  Either he does the job, or is fired!  Wise up or be impeached! you bastard.  Yes John H. Lynch of Hopkinton is a bastard. The bastard. His "excellency" alright, an excellent bullshit artist!

J.S.H.

Modification: not 7890, but 78a0.

Also see for Danny Riley today at:
http://www.unionleader.com/article.aspx?headline=N.Y.+man+accused+of+aiding+Browns+held&articleID=3e6c5470-bbe4-452e-a960-0b86cec7b43e

[JosephSHaas]

can someone plz provide us contact info for each of the prisoners so we can write them?

i have my stack of postcards ready.

David, See my Reply #5699 above for Danny's address, but I'll repeat it here:

Daniel Riley, inmate
Essex County Jail
20 Manning Ave.
P.O. Box 807
Middleton, MAss.achusetts 01949-2807
978: 750-1900

Bob's address is:

Robert Wolffe
Strafford County House of Correction
County Farm Road
Dover, N.H. 03821-0799
603: 742-3310

- - Yours truly, Joe H.

P.S. I got Bob's address from out of the telephone book, and I did get Danny's address thanks to his brother Bill saying Essex County in Middleton, MAss. and the State Library reference librarian in Concord on duty yesterday looking it up on her computer for the actual street address, P.O. Box, and telephone number.