November 02, 2005
Department of Justice?
Many people may feel that Irwin Schiff is an despicable man, spending decades pointing out a serious flaw in our income tax code that what individuals earn are wages, not income, and therefore not subject to current federal income tax laws. Others may feel that he is a hero for taking on the federal government in what they see as a major overstepping of federal power. Still others may not even know who Irwin Schiff is. But we should all agree that the ‘justice’ being handed down to him now by an overzealous Department of Justice is worse than anything done in Abu Grahib or Guantanamo, and it is being done to a 78 year old American Citizen.
The Las Vegas Tribune touches on the topic briefly, one of the few news organizations to do so, mainly because the trial occured in Las Vegas. However, according to the We The People Foundation website, not only did the recent trial and conviction of Irwin Schiff resemble a textbook sham, his being confined to federal prison in shackles without access to proper medical attention while trying to work on his appeal is the kind of behavior you would expect from a country not founded on the rule of law. How it is happening within the borders of the United States is beyond comprehension. Where is Dick Durbin now when we are talking about citizens of the United States? Where are our Congressmen? Why is the national media participating in quiet complicity?
Again, let's not look at who is being tried here, let's look at what has happened that defies logic. Not just a single isolated misstep by the federal judge in charge but a colossal slap in the face of justice. The We The People Foundation website does a good job of detailing them, but a few highlights that are specifically appalling:
Those are just SOME of the horrendous actions that took place during this trial. Beyond that, Schiff filed a number of legal motions to throw out the case based on the jurisdiction of the federal government to even bring charges against him in a CRIMINAL tax trial. All fully researched and documented. The US Attorney rebutted them by simply saying that the motions were 'frivolous'. After not hearing back on the status of the motions for months, he was finally notified, just hours before the trial was to begin, that the motions were rejected without any substantive explanation or discussion, preventing him from being able to file an appeal on the issue of jurisdiction as was his right before the trial began.
And during the trial, Schiff could not talk about the law, could not question government agents about their authority, could not present any defense witnesses to testify about relevant and material facts, and required Schiff, who was representing himself, to submit questions in advance to the judge detailing what he intended to ask government witnesses.
In Prison
Schiff has been visited in jail since his conviction. The first was radio reporter Mike Golden. This is quoted from the We The People Federation website:
Golden reported that 78-year old Schiff appeared almost ready to collapse, that he was in immediate need of medical attention that was not being provided, and that he was being held in locked chain shackles despite the fact that no other prisoner was.
Schiff reported he was running a high fever and that he was denied a second blanket in the 55 degree jail cell. Schiff had earlier reported he was being forced to attempt to sleep on a one-inch thick mattress and had been denied a pillow.
Golden reported that Schiff appeared unstable and partially disassociated, and could not put on the telephone headset used to talk through the glass to jail visitors, even after having one hand unlocked by a jailer. At one point, Schiff, who’s never at a loss for words, could barely remain seated on his stool and could not form a cohesive response to questions posed by Golden.
Schiff currently without counsel, is being denied access to a law library and has only a 2-inch pencil available for his use. Golden reports from conversations with Cindy Neun that she is being locked full-time in leg-shackles, has no paper available for her use, and is being denied the medication she takes to combat debilitating pain from a previous back injury and surgery.
We urge all our supporters to listen to the disturbing audio blog report of Golden’s visit to the Las Vegas city jail to see Schiff, and the jailhouse phone calls with Cindy Neun pleading for support.
Go to www.triallogs.blogspot.com and listen to the 10/30/2005 audio posting at 1:34 AM by Mike Golden.
Cindy’s phone calls from the jail were on 10/28 at 6:58 PM and on 10/30 at 10:55 PM. Additional postings are being made daily.
Like I've said before, you can say that he is guilty of tax evasion. Though I personally have been intrigued by the arguments and have listened to him many times in the past. While not nearly as 'brave' with my personal life, mainly because I have a family that I need to make sure I can support, I have not personally gone against conventional wisdom regarding the US federal tax code simply out of fear, knowing what the US Federal government is capable of, as we can see in this case. But no American should be subjected to this kind of treatment.
I'm not sure what to do either. I can complain to my senators, congressmen and president. But beyond that, we have little power I'm afraid. Which is just an example of why the federal government should NOT have this kind of power. Does anyone feel comforted in the fact that this can happen, without redress, to anyone? What happens when you are targeted next? What happens with the federal government has so much power that they don't even need to pretend to try anyone for perceived criminal acts, they can just put people in jail for whatever they feel like? How far away are we from those days, if we aren't already there?
Personally, I'm scared. This is why the federal government was suppose to have limited powers, so that they could act as a way of protecting our rights from state irregularities, not be the ones motivated through acquiring power to walk all over those rights they are suppose to be protecting. Our system of government has become seriously flawed and until we get people to run the government thinking for the best interests of their people while adhereing to the Constitution to which they are legally bound I'm afraid that sad cases like this one are going to occur again and again until there is no one left to dissent against the power of the bureaucracy.
Posted by Rhinehold at November 2, 2005 05:20 PMHe should have never represented himself, that was his major mistake. It was obvious despite what proof he has that they were going to make an example of him. Without proper legal representation? They did.
Posted by: Lisa Renee at November 2, 2005 07:18 PMActually Lisa is right because a good lawyer would of explained to Mr. Schiff that the law looks at an individual as a corporation; thus the Judge was well within his Duties and Rights to do what he did. However, a lawyer could/should of kept him out of jail.
Posted by: Henry Schlatman at November 2, 2005 08:10 PMHenry,
Please explain to me the legal reason why someone representing themselves should be required to be treated any differently, including the huge list of offenses that the federal judge perpetrated against Schiff?
And, you know, if this was a suspected terrorist who was being railroaded by our judicial system the news media would be all over the place reporting it. OR if he was famous. OR if he was a minority, etc ….
It’s simply because he’s a ‘rich white male’ who has been detailing a flaw in our income tax system (and exploiting it) that he’s allowed to be shamed into jail where he is rotting to die, not even given the basic treatment we give murders.
Posted by: Rhinehold at November 2, 2005 09:19 PMRhinehold,
In him selecting to represent himself, he accepted the fact that he was knowledgable about the law and how it is applied. Although I can not explain the Judge’s actions, it is not his job to explain the meaning of the law to anyone from the bench. However, IMO I do think he has a just case that should have a real lawyer look at it.
I agree. He was stupid for not having a lawyer.
I do find it ironic that you are posting this, Rhinehold. You do know the ACLU is his only chance now, right?
Posted by: Aldous at November 2, 2005 11:17 PMSchiff is a lawyer. He understands the legal process. Whe he doesn’t understand, and I don’t understand, is why the Federal Government is not doing what they are REQUIRED to do, denying him rights he had under the law and allowing the prosecuting attorney to tell the jury that they would be breaking the law by finding him not guilty as well as blocking the jury from reviewing the law in question.
And Aldous, why is it ironic that I posted this? Where *IS* the ACLU on this one, I’m a little more than miffed that they haven’t been screaming from the rooftops for his release. They are on my list for contact.
Posted by: Rhinehold at November 2, 2005 11:46 PMRhinehold,
What you and I can not see is what took place in chambers between the parties. Thus, the old saying about being you own best lawyer is proven once again. Nevertheless, this case probably deserves a judical review to ensure his civil and constitional rights were uheld. Tha DA’s remarks gives me probable cause to wonder, but if it meets the courts standards is another question best answered by a real lawyer.
That brings up another problem, Henry. Schiff saw opposing lawyers coming from the judge’s chambers without being present for that meeting. What on earth is a judge doing meeting with just one side of the case, especially in a criminal proceeding.
And there was another lawyer for the defense, he was defending the co-defendant in the case. He said:
Neun’s attorney, Michael Cristalli, a well experienced criminal defense attorney, remarked during the trial, “I have never seen anything like this. They are preventing us from building a record. We are not being allowed to put on a defense.”Posted by: Rhinehold at November 3, 2005 12:43 AM
Rhinehold,
Has anyone contacted the ACLU to inquire about this? Why was the man put into leg irons? It also seems like the press should be all over this given the man’s medical condition. I’ve not seen anything in the media about this and it certainly is a story worth reporting.
You are absolutely right about the over reach of the Justice Department. It seems to me based on what you’ve reported that they are making a “statement” here much like Ashcroft’s fascination with going after medical marijuana users. This is an interesting story, and thanks for posting it.
Posted by: Dennis at November 3, 2005 06:25 AMRhinehold,
Just to play the devil, how can he prove that they were not talking about an entirely different case in their normal professional relationship? However, something does not seem right and for now he has to go through the legal system in order to win. It is for this reason that “Common Sense” matters. The question now is can he be heard by the Courts of the Land. For that he is going to have to learn to listen to his friends.
An attorney is supposed to be your advocate, no one is advocating for Schiff right now, if he truly is being kept in shackles then a good attorney would have this on the nightly news making a huge fuss about this thru press conference after press conference. No one is truly advocating for him.
I’d suggest the ACLU as well too because they would at least get the necessary PR out there to bring attention to this.
Posted by: Lisa Renee at November 3, 2005 10:45 AMMany people may feel that Irwin Schiff is an despicable man, spending decades pointing out a serious flaw in our income tax code that what individuals earn are wages, not income, and therefore not subject to current federal income tax laws.
Funny I’ve never heard of Irwin Schiff but I’ve been saying the samething for years myself. But of coarse the IRS and politicians say different sense they want ALL the money the can get their grubby little mits on.
Where is Dick Durbin now when we are talking about citizens of the United States? Where are our Congressmen? Why is the national media participating in quiet complicity?
THEY DON’T CARE! After all the guy is getting what he deserves. How dare him to say that wages arenot income.
And, you know, if this was a suspected terrorist who was being railroaded by our judicial system the news media would be all over the place reporting it. OR if he was famous. OR if he was a minority, etc ….
Don’t you know it. Not only would they be all over it, they’d be screamimg to high heaven that the poor guy was being percecuted becaue……….
I do find it ironic that you are posting this, Rhinehold. You do know the ACLU is his only chance now, right?
The American Communist Lawyers Union doesn’t give a damn about him. He’s not a minority, or a raving neo-lib to ban God form society.
Posted by: Ron Brown at November 3, 2005 12:08 PMAgain, why is it ironic that I posted this, I’ve been a libertarian and a supporter for the ACLU for decades…
Because I supported the action in Iraq, mainly because of how the Iraqis were being treated by the regeime and by us, the way the regieme in Iraq had caused tensions in the world community and were a threat to the US and it’s allies and wanting the UN to mean something, I’m somehow not able to support individual liberty and the ACLU?
Posted by: Rhinehold at November 3, 2005 01:26 PMRhinehold,
I’ve sent an email to my local ACLU chapter (I’m in Dallas) and asked them if they know about the matter and if not, why not. Let’s see what they have to say…
Posted by: Dennis at November 3, 2005 01:55 PMDennis,
Thanks, I’ve seen a lot of people trying to get a hold of the ACLU to get something done, but I’ve heard anything directly from the ACLU about the issue, so if anyone hears anything from them about this I would appreciate something added here to let everyone else know. I’m amazed that they weren’t involved much earlier myself. :(
Posted by: Rhinehold at November 3, 2005 02:00 PMSchiff is a GOD!
He has saved me thousands of dollars. I love the man.
This is not the first time Schiff has been denied his rights and it won’t be the last time.
I bet the next step is to ban is book, “The Federal Mafia.”
Oh wait, they already have.
RIP Mr. Schiff!
Rhinehold,
Very interesting article. Thanks for bringing it to light. Yes, if the ACLU doesn’t get involved in this, shame on them.
Does anyone feel comforted in the fact that this can happen, without redress, to anyone? What happens when you are targeted next? What happens with the federal government has so much power that they don’t even need to pretend to try anyone for perceived criminal acts, they can just put people in jail for whatever they feel like? How far away are we from those days, if we aren’t already there?
We are indeed already there. The U.S. Court of Appeals recently decided that an American citizen, Jose Padilla, can be held indefinitely without any charges being brought whatsoever. At least it appears that Mr. Schiff has been charged with something and given a trial (even if that trial is a sham).
Now Jose Padilla is probably a much bigger threat to society - a former gang banger who converted to Islam and supposedly went to Pakistan to become a trained terrorist. But again, these are simply allegations, and not even official ones at that. The government refuses to charge him with anything whatsoever.
Again, I’m sure Padilla is a menace to society, but what this precendent means is that the government is free to jail any American citizen for any reason they choose without even bothering to charge them with a crime, let alone give them a trial.
Shit, I might even have to get some guns soon.
Posted by: Burt at November 3, 2005 07:26 PMRhienhold,
How do you fel about the ACLU and their support for NAMBLA? Please explain that one to me, and how anyone could support such an organization?
Ace, are you saying that we shouldn’t award civil rights to those we disagree with or despise?
I find NAMBLA disgusting and would like to see them all shot in the head, as many would I imagine. However, that’s not how our country works and it’s the people we are despised that civil rights were intended for. Everyone can agree to defend people we all like and agree with, that’s easy.
Now, it depends upon what they are defending them for. What was it that the ACLU was defending NAMBLA for? I don’t suspect they were arguing that they had a right to molest boys, were they?
Posted by: Rhinehold at November 8, 2005 02:30 PM
