January 23, 2004
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The Report http://www.taxfreedom101.com An Internet Publication - January 23, 2004 - The Constitutional Revival Movement's News Source If you received this email in plain text format and would like to view with all visible links please visit: http://www.taxfreedom101.com/ezines/040123.htm

The Only Logical Action For Patriots By: John B. Kotmair, Jr. My experience with courts started at the tender age of 23 years old as a police office in Baltimore, Maryland, and has been continuous except for a brief period from 1966 to 1970. Since the formation of the Save-A-Patriot Fellowship, our office has literally participated in at least one thousand court cases on behalf of Fellowship members. Based on this practical experience I am presenting my observations on what has transpired, what to expect, and the most logical action to solve the problem within the courts. As a young police officer I witnessed injustice and corruption within the State courts, and as a Patriot in the early 1970s I experienced injustice in the federal courts. After that I did not need a ton of bricks to fall on me to see what to expect when raising arguments in court in order to end injustice and corruption. In the twelve years after A.J. Porth raised his Constitutional challenge to the filing of income tax returns, local Patriot groups sprang up all over the fifty States. The first attempt at consolidating these Patriot groups occurred in the winter of 1981 in Cape May, New Jersey. At the invitation of Tom Junker of Queens, New York, the originator of the idea, and John Murphy of Collinswood, New Jersey, Patriot groups from most of the States of the Union converged on Pastor Carl MacIntire's Christian Admiral Hotel to form the Patriot Network. These groups banded together to create a criminal defense fund and share the product of their research and experiences. Four directors were elected I being one of the four. At the board of directors meetings, and in between those meetings, I continually advocated dropping the criminal defense fund in favor of financial support for the Patriot and the Patriot's family. In such a move I stood alone; the prevailing thought was that "the big win" in court would end it all, to which I disagreed for two reasons. The first is that the corrupt courts would not allow such occurrence. The second is that, with the prevailing ignorance of the general population, a fast win would not gain the return of the observance of individual rights and law. Rather the result would actually evolve into a dictatorship. General ignorance of the Constitution and our history would make it easy for the socialist in power to explain away the setting aside of the Constitution altogether. Evidence of the corruption of the courts can be illustrated in my criminal trial for two counts of failure to file income tax returns. At the very same time the meeting was held in Cape May, a grand jury was meeting in Baltimore considering the criminal charges against me. After the grand jury indictment of two misdemeanors, a show-trial ensued lasting one month. During the trial it came to light that the jury was rigged against me. Also during the trial the judge casually stated, "April 15th would be a good day for a verdict in this case." Guess what? The jury returned its guilty verdict on April 15, 1981. Now that's planning. The morning the jury was to receive the final arguments and the judge's instructions, a citizen came into the courtroom and told me that his conscience would not allow him to stay away. He related that a woman on the jury came into his place of business one month before the trial started and stated that she was going to be on my jury and was going to make sure I was convicted. The prosecution and the defense wound up in the judge's chambers, where the citizen was put under oath and gave his statement to the court. My attorney moved for a mistrial and the judge denied it. My attorney moved for permission to investigate the jury and the judge denied it, and then ordered that we were never to investigate the jury. The woman in question turned out to be the jury forewoman, and a professor from Towson University investigated the jury and found out that the woman in question influenced the jurors. Of course, I maxed-out a two-year sentence in a federal prison camp. I could present more than a dozen such stories involving my personal experiences over these past forty-six years in the state and federal courts. But that is not the purpose of this article; the foregoing is just to verify for those who do not know me that I do have sufficient experience to state what is to follow. Richard (Dick) Simkanin is a member of the Save-A-Patriot Fellowship. In 1996 he purchased the video series Just The Facts, and was given an affidavit of date of purchase. After Dick's first trial a member of his defense team contacted me for a copy of my book Piercing the Illusion. A short time thereafter they requested a computer file containing the chapter from the book containing my commentary on Subtitle C, Employment Taxes. Not long after that they requested that I be a witness in his second trial, and I consented. I had never had any personal contact with Dick, but would be a material witness due to the fact that Dick had relied on information contained within my video presentation Just The Facts, which was purchased before the alleged criminal offenses. Even though Dick was a member of the Fellowship, he was influenced by other Patriot group leaders and gurus. For example, he followed Thurston Bell's advice in requesting a refund of the employment taxes his company had paid the IRS. He also fell for Lynn Meredith's wild theories, such as being a non-resident alien. These position, however, do not make his criminal claim under the Membership Assistance Program (MAP) invalid. Any argument a member Patriot relies on has no influence on the validity of his or her claim. On a couple of occasions before Dick's trial, U.S. Attorneys have made motions in federal courts to prevent me from testifying for defendants on the grounds that I would confuse the jury on federal tax laws. This past November a federal judge cut off the U.S. Attorney's cross examination of me to prevent information about the federal tax laws to be heard by the jury, and actually told the prosecutor, in front of the jury, that he had warned him not to cross-examine me. The reason I got to testify was that Larry Becraft did not put me on the witness list, and hide me in the courthouse until he called me to testify. When I walked into the courtroom the prosecutor objected, in front of the jury, stating that I was not on the witness list and that I was a "tax protest leader." The judge called him and Larry to the bench. Larry told me later that the judge warned the prosecutor not to cross-examine me. Understanding that the charges against Dick were the alleged violation of employment taxes, I brought with me the evidence that U.S. citizens are not liable for or subject to the imposition of employment taxes. I had earlier requested of Dick's attorney that my name not be placed on the witness list. He told me that if he did this the judge would not let me testify. The morning the trial started, January 5th, all the witnesses had to be present to be sworn in before the trial started. Being sequestered, we were then excused until the time we were to testify. I was told by the defense team that I was to be the first witness, and that I would not be needed until after the lunch break on second day of the trial. Around 10:30 AM I got a call at the hotel that I was needed at the courthouse. After I arrived, I was told to wait in the hallway outside the courtroom. About fifteen minutes later I was told that I was not allowed to testify along with two other witnesses. I stayed in the hallway until the jury left the courtroom to deliberate. During that time I talked to the two witnesses that were also denied the right to testify. One was to testify about Romans Chapter 13 of the Bible. I conclude that because Fort Worth is part of the "Bible Belt" the government did not want the jury to know the true meaning of Romans 13. The other was to testify to Dick's intent and the law involving the employment tax refunds he received from the IRS. And of course, I was to testify to the liability of the employment taxes. The witnesses that did testify were not factually able to cover these facts, according to their contact with Dick. Wherefore, the jurors were prevented the facts that would overcome their mindset about the federal tax laws. The judge instructed the jury that he has ruled that Dick is subject to the withholding of employment taxes. Wherefore, not knowing otherwise, the jury had no alternative but to find Dick guilty. But there was evidence of their hesitation to do so, in that their second question to the judge was to request the law that made Dick liable. Of course, the judge informed them that he had instructed them that Dick was subject to the law. This gave hope to the defense that the jury would take offense to such a tyrannical answer that they would acquit Dick of all the charges. I must confess, as cynical as I have become, I was sort of expecting the same thing. But then, the Fully Informed Jury Association's (FIJA) handbook was handed out to the jurors in Dick's first trial -- in which the jury was hung eleven to one for acquittal -- and the judge saw to it that that did not happen in this trial. Couple that with the general ignorance of the rules American citizens live by, the jury obviously believed that they had to follow the judge's instructions to convict Dick. Patriots have to face the reality that those evildoers who are misapplying and violating the law, and those within in the judiciary who are protecting them in doing so, are not going to "fess-up" because we ask them to. The only logical action that can have any chance of success is the wide spread education of Americans, causing a political reaction that would re-establish governmental observance of the federal and state Constitutions. And after forty years of trying everything under the sun to do so, I have come to the conclusion, given the limited time left, that the answer is a radio network, which is possible using the SAPF Associate Membership. I am pleased to say that this is already in the works, and God's Will being done, we will HAIL VICTORY!! ### More on John Kotmair and the history of the creation of the Save-A-Patriot Fellowship available here. Wishing you a tax-free day, The Tax Freedom 101 Staff Subscription information for: "The Tax Freedom 101 Report" To subscribe: Simply fill in the email address you wish to receive the newsletter at in the "enter email address" below and then hit the purple "Join Now" button. A confirmation notice will be sent to you shortly afterwards asking you to confirm your subscription by reply email. Subscribe to The-Tax-Freedom-101-Report enter email address Powered by groups.yahoo.com or simply send an email to: The-Tax-Freedom-101-Report-subscribe@yahoogroups.com The Tax Freedom 101 Report archives page: http://www.taxfreedom101.com/ezines/tf101_listings.htm

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