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Author Topic: Main thread for Ed and Elaine Brown vs the evil IRS  (Read 434191 times)

JosephSHaas

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Re: Main thread for Ed and Elaine Brown vs the evil IRS
« Reply #7005 on: February 14, 2008, 11:08 AM NHFT »
Ted Craft would probably need authorization to be retained by Ed or Elaine Brown.  If either were to agree to retain Craft--- donations would fly in in a matter of days.   I am sure at a later time the Browns could pay it forward for the next case similar to theirs.  Excellent as always Joe!  Joe has already laid out the ground work for a competent attorney.


Thanks WLTDI.  I've yet to read Ted's website.  But from what he did for the others against the I.R.S. he has an excellent track record, and I right now hereby pledge $1000 toward that $5000 retainer, and can forward that money order the court refused to accept the other day to him upon learning that $4000 mysteriously showed up in his mailbox for this cause.  8)

BTW, ...

And WHY the "overwhelming police presence in Plainfield was a conglomerate of heavily armed New Hampshire, Maine and Massachusetts State Police"? as reported on page A12 of yesterday's [url]http://www.unionleader.com[/url] "Agents" article by Kristen Senz.  According to N.H. RSA Ch. 106-D:1 for Compact Ratified [url]http://www.gencourt.state.nh.us/rsa/html/VII/106-D/106-D-1.htm[/url] in Article VII Mutual Aid from: Article II of: "Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island and Vermont" can be by Art. VII, B. "request(ed) of the administrative head of the state police department" for only when there is a "case of emergency" defined in N.H. RSA Ch. 106-C:1,I "means a riot, as that term is used in RSA 644:1, and a natural disaster of major proportions, such as a fire, flood, hurricane, earthquake" etc. See [url]http://www.gencourt.state.nh.us/rsa/html/VII/106-C/106-C-1.htm[/url] and [url]http://www.gencourt.state.nh.us/rsa/html/LXII/644/644-1.htm[/url] and in particular, see section I(a),(b), + (c).  So which one was it?  It cannot possibly be (a) or (b) as both these sections use the word "engages" as at page 239 defined as "4. to enter or bring into conflict with".  The word bring, page 91 defined as "3. To lead into a specific state or situation. 4. To induce. 5. To cause to occur" or happen, as in to bring: about, forth, off, etc.  There's an interesting postcard for sale in the State House Museum Store of how the army "repulsed".  The key word: pulse, and then a re-pulse.  So WHO does the first act?  See my Reply #3344 above @ 3:36 a.m. today about the "Governor of Hopkinton" and the last sentence of paragraph #2 about who is misleading who in the WRONG direction! So it must be under section (c) of "He assembles with 2 or more other persons with the purpose of commiting an OFFENSE against the person or property of another who he SUPPOSES to be guilty of a violation of the law...." (emphasis ADDed, but then again really not this one either, because it goes BEYOND mere supposition, but PROOF in the certificate to NO RSA 123:1 filing by the Feds for NO jurisdictional authority, and in a DEFENSive position on his own property! This is the ONLY way I can see for HOW the State Police from both "Maine and Massachusertts" have ANY authority up here in The Granite State.

There is that RSA Ch. 106-B:11 Cooperation With Other Police Forces, over at [url]http://www.gencourt.state.nh.us/rsa/html/VII/106-B/106-B-11.htm[/url] but that reads that "The director and employees shall cooperate and exchange information with any other law enforcement agency both within and without this state, including federal authorities, for the purpose of preventing and detecting crime and apprehending criminals...." Ed deemed a "criminal" needing to be apprehended, and for the State Police to cooperate with the Feds, BUT only when the Feds comply with the law! Art. I, Sec. 8, Cl. 17, U.S. Const. to NH RSA 123:1 of NO such paperwork on file.  So the N.H. State Police, instead of demanding to see the paperwork of the Feds on file, that it is not, does "request aid from without the state"? by RSA Ch. 106-D:3 Powers of Director. [url]http://www.gencourt.state.nh.us/rsa/html/VII/106-D/106-D-3.htm[/url] and "pursuant to Article VII B of the compact" but only AFTER "he has received the concurrence of the governor" who I've alerted to of this non filing by the Feds.  A NON-FILING by the Feds!! NON-FILING,  get it!? So a copy of this as to underline here over to Gov. John H. Lynch and Director Frederick Booth on Momday asking for a copy of this request as granted with the governor's signature thereon that or attached thereto, for delivery to me within five (5) business days in accordance with RSA Ch. 91-A Right to Know, and so by __:_ o'clock a.m./p.m. on Monday, June 18th.

Yours truly, - - - - - - - - - - Joseph S. Haas, P.O. Box 3842, Concord, New Hampshire 03302, Tel. 603: 848-6059 (cell phone).
...
P.S. #2  Maybe somebody in MAss.achusetts (and Maine), can get their State Papers dealing with this Raid #2a+b too.  For the former, see [url]http://www.masspress.org/public_access_handbook/copscourts.htm[/url]


Here's relay #2 of 2, as promised. BTW What ever became of trying to hire this Ted Craft of: ___________? - - Joe

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JosephSHaas

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Re: Main thread for Ed and Elaine Brown vs the evil IRS
« Reply #7007 on: February 15, 2008, 12:07 PM NHFT »
....

....

...
(*) The Supreme Court Law Library in Concord, N.H. has the 4th Edition of Prosser on Torts locked up in the basement, needing Librarian permission to get it for you.! ....


Update:  On Friday afternoon I did get to see this Prosser on The LAW OF TORTS (green cover) book (c) 1971 by West Publishing Co., St. Paul, Minn. and read this Section 25 LEGAL PROCESS @ pages 127-129 with: (1) footnote #25 @ p. 127 to a Maine case for "will provide the officer no protection" and; (2) footnote #42 @ p. 129 to Ch. 4, Sec. 26 @ p. 134-6 for "Reasonable Force".

1.a) In regards to the former, of LEGAL PROCESS, footnote #25 reads that: "If the court which issues the process is entirely without jurisdiction to do so, it is commonly held that the invalid process will afford the officer no protection."(*)  ...

In this case, the "unlawful act" was the R.S.A. Ch. 636:14 "Unlawful Simulation of Legal Process", which Bench Warrant, or the Order for Arrest, is of "illegal process" ...

2.) In regards to the latter, of "Reasonable Force" in Chapter 4, Section 26 ... As indicated on page 135, footnote #7 "the arresting party may of course defend himself, and kill if it is necessary for his own protection,6 and he is not required to retreat if a way is open, but may assert his LEGAL authority and stand his GROUND.7" (emphasis ADDed for WHAT legal authority? when as proven by the Certificate from the Secretary of State: there are NO RSA 123:1 papers on file by the Feds! and whose ground? back to the words of WHO is the host, and WHO is the parasite? and the word: ground**** as in "Well-grounded".)

Although footnote #17 at page 135 reads that "The whole modern TREND has been in the direction of requiring SUBmission to ASSERTED legal authority, in the interest of keeping the peace" (emphasis ADDed), this "trend" (page 736) is only a: "2. GENERAL tendency." as opposed to the specific, Ed being the individual bucking the trend, and whose SUBmission from the word submit (p. 690) is not that of surrender, but to yield, as in that p. 803 definition of the word relating to: "2. To furnish or give in return: an investment that yields 6%", and so him giving the Feds something in return alright: like the question of: WHERE are the T.O.'s under the E.O.'s in the CFR's?  :icon_pirat: [treasury Orders, Executive Orders, and Code of Federal Regulations respectfully].

Yours truly, - - Joe Haas

pc: Ed by title of: "Brother" not in the BENEFICE, or "An ecclesiastical office endowed with fixed capital assets. [Latin beneficium, favor, benefit.]" highlight on the word "favor", but as compared in the phrase: In Rigor Juris, as by right! over a mere favor! Right, Truth, Justice and The American Way!

P.S. See also for the word null, p. 489: "1. Having no legal force; invalid. 2. Of no consequence, effect, or value; insignificant. 3. Amounting to nothing. 4. Of zero magnitude. [L. nullus.]" and nullify:"1. To deprive of legal force; annul. 2. To make ineffective or useless." ....


....


And so the baby cries: wahhhh, waaaaah.  Or in this case, the "cry-baby" is the U.S. Attorney/ U.S. Marshal mentality,  Take a look at footnote #25 above. There is NO protection afforded those federal goons operating when the court has no jurisdiction! They cry to the Grand Jury that so and so x 4 conspired to "prevent officers of the United States from discharging their duties" 18 USC 372 of to arrest Ed & Elaine Brown, and with a firearms 18 USC 924(c)(1)(A)(i) "offense" 18 USC 371, as opposed to a defense.

Although the modern trend has been in the direction of requiring submission to asserted legal authority, in the interest of keeping the peace, must it be so?  Answer: of course not! A trend is a tendency, as defined as: (1) propensity, or bent, from the Latin word propendere: to be inclined or favorable (over rigor juris!?) and (2) to stretch, as to extend the limits of credulity, from the word credulous: disposed to believe too readily; gullible.  And so to believe what the Marshals SAY over what is WRITTEN proof of just the opposite!? To succumb to their desires!? Hell no! and as of by right to resist unlawful process.

The very oath of Monier is to execute only lawful precepts! Was it lawful? Of course not!  There is no federal filing by N.H. RSA Ch. 123:1 from 1-8-17 U.S. Constitution.

The Freedom Four are not gullible, as in easily deceived or duped, and so should the trial jury not be sucked into this deception too!  A deception being the use of deceit: misrepresentation; a trick, to deceive: to delude, mislead, from the Latin word decipere, to take in.  To delude: to mislead the mind or judgment of; from the Latin word: deludere, to play false.  False defined as contrary to fact or truth, not faithful, not real or natural, artificial, to betray.  To betray: to commit treason against or be a traitor to, to be disloyal or faithless to, to seduce.  Yes: that is what Monier is: a seducer! To entice into wrongful behavior, corrupt, from the Latin word: seducere, to lead away. Corrupt being to destroy. Destroy: to kill. To lead away from the Office of Secretary of State, Monier's head so pompous as to be like the giant head in the "Wizard of Oz".  The time for such pompous activity over at the unlawful and illegal courthouse has got to stop! Case: dismissed! Say it jurors: not guilty of to prevent officers from discharging their duties, because they had and still have no lawful duties to begin with! Tell them WHERE to go: to Bill Gardner's office of Secretary of State! They're the ones needing correction.  To send the Freedom Four to a federal "correctional facility" to further the wrongs of the Feds is just plain: ludicrous!: an obvious absurdity.  SO NOW is the time to end this absurdity, as: ridiculous (preposterous), incongruous, inappropriate, out of place, not harmonious, incompatible, inconsistent, illogical- contradicting logic, logic as: the study* of the principles of reasoning, valid reasoning, esp. as distinguished from invalid or irrational argumentation, from the Greek word logos, speech, reason) or unreasonable. Reason*: The basis or motive for an action, decision, or conviction. Yeah: conviction over mere preference! An underlying FACT or cause that provides logical sense for a premise or occurrence. A premise: being a proposition upon which an argument is based or from which a conclusion is drawn. From the word praemissa of to put before. Like which came first: the chicken or the egg?  So which is supposed to come first: the filing or the precept? Which is OUT OF ORDER?

* Maybe what the Freedom Four need is some expert in the study of reason. According to http://en.wikipedia.org/wiki/Reasoning "Reasoning is the mental (cognitive) process of looking for reasons for belief, conclusions, actions or feelings." So the Marshals want us to believe them of what they SAY of that they think they have jurisdiction over the physical evidence in the PROOF of non-filing!?  In other words BELIEF over PROOF!? You have got to be shitting me! See the word Extrospection from http://en.wikipedia.org/wiki/Introspection , to the Observation page of http://en.wikipedia.org/wiki/Extrospection in that "Observation is an activity of a sapient or sentient living being (e.g. humans)" as in "To perform observation, a being must observe and seek to add to its knowledge." And so WHY do you think I call these government goons, the goons that they are?  They REFUSE to seek out the truth, and so need our peers to shove it down their throats! "Sapience, usually defined as wisdom", http://en.wikipedia.org/wiki/Sapience "to be wise, to know" as in what I've said before of to: "Wise up or Die".  Unfortunately, some of these so-called humans refusing to know, but then there's that old expression of: ignorance of the law is no excuse! 1-8-17 U.S. Constitution! So again: for the jury to tell the government goons: back off! not guilty! - - JSH

JosephSHaas

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Re: Main thread for Ed and Elaine Brown vs the evil IRS
« Reply #7008 on: February 15, 2008, 01:47 PM NHFT »
We need somebody like John Eidsmore to be the expert in this case.

See over at page 2 of 8 @ the 100% print-out from http://www.eagleforum.org/court_watch/alerts/2003/oct03/Eidsmoe-10-08-03.shtml for his statement that:

"The rule of law means we submit to lawful authority.  But just as strongly, the rule of law means we resist unlawful authority.  For the rule of law restrains both the people and their rulers.  Where law does not restrain the people, the result in anarchy.  Where law does not restrain the rulers, there is tyranny.  Those who believe in the rule of law must be equally opposed to both."

Note: that this is found over at page 1 #6 at http://www.google.com for the words: "unlawful authority" in quotes.

See also, for page one, #1 The "Defiance of Unlawful Authority" Harvard Law Review, Vol. 83, No. 3 (Jan., 1970), pp.626-647, This article consists of 22 pages, to copy and send to the Freedom Four later, __ http://links.jstor.org/sici?sici=0017-811X(197001)83%3A3%3C626%3AD04A%3E2.0.CO%3B2-B

JSH


DadaOrwell

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Re: Main thread for Ed and Elaine Brown vs the evil IRS
« Reply #7009 on: February 15, 2008, 06:46 PM NHFT »
Just got this message from keith in RI, along with his blessing to post it here.
he's referring to jason gerhardt

<<
dave,
  jason asked me to write you to ask if you know of anyone who was at the browns last year that would be willing to testify for them? he said you would be the guy to ask because you know members of the freestaters who were there and may be willing? if you do know anyone or hear anyone sound willing please forward there contact info to me and ill get it to the guys lawyers, thanks
                         keith >>

you can contact keith on this forum under that exact name, "keith in RI"
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DadaOrwell

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Re: Main thread for Ed and Elaine Brown vs the evil IRS
« Reply #7010 on: February 15, 2008, 06:59 PM NHFT »
keith can you tell us what charactaristics would put someone in a position to be able to witness effectively for jason or others at court?
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keith in RI

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Re: Main thread for Ed and Elaine Brown vs the evil IRS
« Reply #7011 on: February 15, 2008, 10:04 PM NHFT »
keith can you tell us what charactaristics would put someone in a position to be able to witness effectively for jason or others at court?

first and foremost anyone who has videos or pictures from any of the browns summer events would be helpfull, especially if they show danny, jason and or reno and bob in innocent acts..(testimony would be needed to authenticate the videos) .i.e. i have video from the 7/14 concert showing danny and jason doing nothing but videoing the events and eating and talking all day as well as talking to the police at the check point. (in fact jason brought the police burgers at lunch and they happily accepted so how much of a threat could he really be and why not arrest him then?) anyone willing to say they were there also would be helpfull. it will show that there were lots more people there then just the four guys that were arrested.  the government is going to try to say that the four went to the browns and by doing so entered into a conspiracy either implied or directly to stop the feds from arresting convicted felons. we need to show that the only reason ANY of us went there was to stop the browns from being murdered, even the browns themselves never tried to avoid lawfull arrest, saying many times if they were shown the law, they would turn themselves in. photos/vids of the first concert held at the browns house would be nice too. and or any videos of supporters interacting with the local authorities especially the four arrestees. also jason asked me to track down some specific people i know some read here maybe you guys  can contact me??  lauren c, kat and russell.... he wants to know about you guys specifically??
« Last Edit: February 15, 2008, 10:08 PM NHFT by keith in RI »
"A 'pessimist' has been described as one who sees things as they are, rather than how he'd like them to be."

keith in RI

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Re: Main thread for Ed and Elaine Brown vs the evil IRS
« Reply #7012 on: February 15, 2008, 10:16 PM NHFT »
hey margot did you ever interview any of the guys for a story? like why four complete strangers would show up and risk their lives for people they never met? maybe your notes could be used as evidence? that is if you did... or any news people for that matter.

  i have a side agenda here btw... if margot is a witness doesnt that mean she cant report on the trial??  >:D  *giggle*
"A 'pessimist' has been described as one who sees things as they are, rather than how he'd like them to be."

JosephSHaas

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Re: Main thread for Ed and Elaine Brown vs the evil IRS
« Reply #7013 on: February 18, 2008, 01:05 PM NHFT »
We need somebody like John Eidsmoe to be the expert in this case.

See over at page 2 of 8 @ the 100% print-out from http://www.eagleforum.org/court_watch/alerts/2003/oct03/Eidsmoe-10-08-03.shtml for his statement that:

"The rule of law means we submit to lawful authority.  But just as strongly, the rule of law means we resist unlawful authority.  For the rule of law restrains both the people and their rulers.  Where law does not restrain the people, the result in anarchy.  Where law does not restrain the rulers, there is tyranny.  Those who believe in the rule of law must be equally opposed to both."

Note: that this is found over at page 1 #6 at http://www.google.com for the words: "unlawful authority" in quotes.

See also, for page one, #1 The "Defiance of Unlawful Authority" Harvard Law Review, Vol. 83, No. 3 (Jan., 1970), pp.626-647, This article consists of 22 pages, to copy and send to the Freedom Four later, __ http://links.jstor.org/sici?sici=0017-811X(197001)83%3A3%3C626%3AD04A%3E2.0.CO%3B2-B

JSH



Update: A copy of this Harvard Law Review was mailed to E&E + the 4 last Friday.

Some highlights from my reading it just a few minutes ago are:

(1) "CURRENT LAW A. Statutes and Administrative Orders.24  The constitutionality of a statute may be challenged either in a civil proceeding or as a defense to a criminal prosecution...."

footnote #24 @ page 629: "An administrative rule of general applicability and future effect, such as a Treasury regulation, resembles a statute more than an administrative order in its operation and in the remedies available to test its validity.  Therefore, such a rule is treated as a statute (and thus is of no effect) if it is found to be invalid, rather than being classed with administrative orders. See, e.g., Manhattan Gen. Equip. Co. v. Commissioner, 297 U.S. 129, 134-35 (1936) (Treasury regulation);" ___ -- reference the poster(s) here, who I've parroted in that an E.O./ Executive Order is given to the Secretary of the Treasury for his T.O./ Treasury Order, but that unless that T.O. is published in the C.F.R./ Code of Federal Regulations, it does NOT apply to us as members of the public-at-large, re: that "*" asterisk in the front of the Title 26 U.S. Code that it has NOT been entered into positive law! so needing poster, _______ as the expert to talk about this as the expert witness. Also that the 16th Amendment of "to lay and collect taxes", to lay = to apply or impose, and so when impose = to levy as in to collect, that's redundant to collect and collect, or in other words: George Orwellian "1984" and "doublespeak" as against the Ninth Amendment! plus the Queen's English, and so to apply as in a request, of a reply to the I.R.S. of: request denied!  >:D and since there be no effective OMB # either! from The Office of Management & Budget. Plus HOW to "enforce"? when there is no enforcement clause 2 in the 16th Amendment, as there are in the surrounding ones!

(2) B. Court Orders @ page 633 "Only when the injunction was issued without jurisdiction over the parties or subject matter / (p. 634) is it considered void; rather than voidable, and therefore subject to collateral attack in a contempt proceeding for its violation.49"  -- Thus not an injunction, but a bench warrant was issued withOUT jurisdiction, and so WHO in contempt?, but the gov't itself for being in violation of N.H. RSA Ch. 123:1 from 1-8-17 U.S. Constitution! To read some of these footnote #49 cases of: "See, e.g., In re Sawyer, 124 U.S. 200 (1885); Ex parte Fisk, 113 U.S. 713 (1885); Ex parte Rowland, 104 U.S. 604 (1882). See generally Annot., 12 A.L.R.2d 1059 (1950)." ___

(3) D. Police Orders @ pages 638-639 reference Monier's oath to deal only with lawful precepts! "To be enforceable a policeman's order must not be arbitrary or beyond the range of the power delegated to him by the legislature,76" as in the state legislative "Consent" given by N.H. on June 14, 1883, but conditional upon the RSA 123:1 filings that never took place as proven* by the certificate of non-filing issued by the N.H. Office of Secretary of State! footnote #76 includes: "...see Landry v. Daley, 280 F. Supp. 938, 960 (N.D. Ill.), prob. juris. noted sub nom. Boyle v. Landry, 393 U.S. 974 (1968) (No. 244, 1968 Term; renumbered No. 6, 1969 Term)." ___ Page 639: paragraph #2 "'Obviously, however, one cannot be punished for failing to obey the command of an officer if that command is itself violative of the Constitution.'81" footnote #81 = 373 U.S. 284 (1963) @ 291-92. ___

(4) AN OVERVIEW @ pages 639-647 @ page 644, paragraph #1: "However, since administrative appeals are generally adequate remedies for protection of individual rights, and since most people would prefer not to risk criminal sanctions by defying orders when doubt exists as to their legality," then Ed & Elaine and the Freedom Four are NOT like "most people", and there being no "risk" of "criminal sanctions" based upon a "doubt" because the certificate of non-filing* is beyond doubt! The court has and still has no such jurisdiction! Case closed! Jury to find: not guilty! The guilt is upon the government in not playing by the law!

J.S.H.

keith in RI

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Re: Main thread for Ed and Elaine Brown vs the evil IRS
« Reply #7014 on: February 21, 2008, 09:33 AM NHFT »
FOIA request info for ed. it only took about 3 months to get this little tiny bit of info. last time it took 7 days!









"A 'pessimist' has been described as one who sees things as they are, rather than how he'd like them to be."

keith in RI

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Re: Main thread for Ed and Elaine Brown vs the evil IRS
« Reply #7015 on: February 21, 2008, 09:49 AM NHFT »
this is from jason gerhard. this form is the only way they can get answers to anything. they must submit it in writing.

the response is:
mr gerhard, you may request specific books titles from the library if you have a request for a specific book or subject submit that request and the library workers will put the requested books on the cart if we have them.   j.collins

"A 'pessimist' has been described as one who sees things as they are, rather than how he'd like them to be."

Kat Kanning

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:privateeyes: The family that fights for freedom together, stays together.  (Except for brief stints in in jail :) )
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JosephSHaas

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Re: Main thread for Ed and Elaine Brown vs the evil IRS
« Reply #7017 on: February 22, 2008, 10:56 AM NHFT »
He should request the Anarchist's Cookbook or 101 Things To Do Until The Revolution.


F.Y.I. The inmate in charge of the book cart is a federalie who gets paid $1.50 per day. Maybe if he got paid more he'd get a new cart of books every what? three (3) months!? How lazy can you get!?

Plus reference the Feds: I presume a copy of Gary DiMartino's 2-page DECLARATION of Fri., Feb. 8th (2 weeks ago) is now posted over at http://danrileyld.blogspot.com ? He wrote in paragraph #3 of 3 on page 2 that "Pursuant to an 'inter-governmental agreement' (IGA) executed on March 2, 1999, between the USMS and the Strafford County (New Hampshire) House of Corrections (SCHC), which continues in effect at this time, Mr. Riley has been held as a federal detainee at the SCHC on the USMS's behalf since September 19, 2007.  He remains in such custody at the present time. -- I declare, under penalty of perjury, that the foregoing is true and correct." G.D., Chief Deputy United States Marshal.

I just called the Jail there http://www.co.strafford.nh.us/jail/ @ 742-3310 and asked the  man who the F.O.I.A. person was.  He didn't know, so I said: (1) The Freedom of Information Act, and (2) the magic numbers of RSA Ch. 91-A, Right to Know, http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-VI-91-A.htm and then he said Mr. Bowers*, with an s, and to call 742-1348 as I did but it merely rang about 20 times.  So I called the County Commissioners http://www.co.strafford.nh.us/officers.htm @ 742-1458 and the woman there said that Mr. Ray Bower's* extension is #4100 and patched me through to his voice mail.  I left a message that I would like a copy please of this agreement**, and although I didn't have to give a reason, I said that I find it absurd that the U.S. Marshal's Service would "by-pass" the Secretary of State's Office (re: RSA Ch. 123:1 http://www.gencourt.state.nh.us/rsa/html/NHTOC/NHTOC-IX-123.htm ), and deal with WHOever at the County, I would like to know WHO they were and/or are to agree to such an illegal and unlawful contract!

JSH  ** and left him my name, address and telephone # to where to send it. Gary D. too lazy to enclose a copy with his DECLARATION in Danny's Appeal #2007-0745 at the N.H. Supreme Court. This DECLARATION filed as a supplement to the 5-page PETITION OF THE UNITED STATES OF AMERICA TO INTERVENE, as commented to by Danny, to highlight in my next reply...

JosephSHaas

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Re: Main thread for Ed and Elaine Brown vs the evil IRS
« Reply #7018 on: February 22, 2008, 12:12 PM NHFT »
Last Thursday, February 14th the N.H. Supreme Court received the 5-page PETITION OF THE UNITED STATES OF AMERICA TO INTERVENE in Danny's Appeal #2007-0745 for a Petition for a Writ of Habeas Corpus. It was dated: Feb. 13th and signed by that Puerto Rican Assistant U.S. Attorney, Aixa Maldonado-Quinones, along with Gary D.'s 2-page DECLARATION (as indicated above).

The United States KNEW of the Tue., Feb. 19th deadline to file the BRIEF, and they BLEW IT!(*) No such BRIEF was ever filed! Instead they wrote in paragraph #10 on page 3 that: "if this petition is granted, the United States will promptly seek removal of the case to the United States District Court" and asks for an extension time to file the brief or memorandum "for ten (10) days from the Court's ruling on the United States' petition to intervene" [Therefore B. @ page 4.]  Hey Feds: you liars! this is NOT "orderly and prompt", as by Article 14 of the N.H. Constitution, Part First & Bill of Rights, plus Article 91 of Part 2 for "expeditious"! Furthermore as Danny wrote in #15, 16 + 17 to your #10 @ page 3 citing 28 USC Sec. 1441, 1442 and 1446 for removal, you are WRONG! 1441 is only when "the district courts of the United States have original jurisdiction", 1442 involving "Any officer of" the "United States", and 1446 when "A defendant...shall file in the district court of the United States". "[T]he federal district court does not have original jurisdiction", "Superintendent (Warren) Dowaliby" is NOT a federal officer, and "The United States is not the defendant"! So there!

And as it regards #5 @ page 2 of The Petition, Riley answers correctly in #12 @ page 5 that the Abelman v. Booth case in Vol. 62 U.S. REPORTS 397 (1872) is in-applicable in that "the United States Supreme Court said that a State Court cannot interfere with a federal court that has exclusive jurisdiction and the prisoner must be held in a federal institution under federal authority.  First the Federal Court in Concord, N.H. has no jurisdiction let alone exclusive, and the prisoner is being held in a State facility not a Federal one...."

Plus: in reference to paragraph #(3) in my Reply #7022 above on Mon., 2/18 @ 2:20 p.m. citing footnote #81 of 373 U.S. 284-293 (1963) @ p. 291-92, it's the case of: Wright et al v. Georgia with the Opinion of Warren, Chief Justice that "one cannot be punished for failing to obey the command of an officer if that command is itself violative of the Constitution." Reference RSA Ch. 123:1 from 1-8-17 U.S. Constitution of course in Danny's case.

Yours truly, - - Joe Haas

(*) The Superintendent KNEW of the Tue., Feb. 19th deadline to file the BRIEF too, and he BLEW IT! too.  A re-type of the 1-page "RESPONDENT'S ANSWER TO PETITION OF THE UNITED STATES OF AMERICA TO INTERVENE" of Feb. 14th, filed Feb. 19th, to follow...

JosephSHaas

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Re: Main thread for Ed and Elaine Brown vs the evil IRS
« Reply #7019 on: February 22, 2008, 12:26 PM NHFT »
Here's a re-type of:

"THE STATE OF NEW HAMPSHIRE        SUPREME COURT          NO. 2007-0745

Daniel J. Riley    v.   Warren Dowaliby, Superintendent

RESPONDENT'S ANSWER TO PETITION OF THE UNITED STATES OF AMERICA TO INTERVENE


--NOW COMES the respondent, Warren Dowaliby, Superintendent, by and through the office of the Strafford County Attorney, and responds to the Petition of the United States of America to Intervene as follows:

1.  Strafford County has no interest in this matter as the Petitioner is a Federal inmate being housed in the Strafford County House of Corrections.

2.  Strafford County is requesting that Superintendent Dowaliby and/or Strafford County be released as a party to this matter.

3.  In the alternative, Strafford County has no objection to the request to transfer this matter to the US District Court as stated in the Petition to Intervene.

--WHEREFORE, the State prays that this Honorable Court:

A.  Dismiss any claims against Strafford County and/or Superintendent Dowaliby for lack of articulable claim against Strafford County and/or its officers and agents; or

B.  Grant the request to intervene filed by the United States; and

C.  Grant such other and further relief as may be deemed just.

--Respectfully submitted,

THE OFFICE OF STRAFFORD COUNTY ATTORNEY

___________________ Thomas P. Velardi
Strafford County Attorney"

Page 2:  "Certification  State of New Hampshire   County of Strafford  February 14, 2008

--A copy of the foregoing Response has been forwarded this date, postage prepaid, to Daniel J. Riley, Petitioner, Ann M. Rice, Assistant Attorney General, Aixa Maldonado-Quinones, AUSA, and Warren Dowaliby, Superintendent.

___________________ Thomas P. Velerdi
Strafford County Attorney"

JSH