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March 2007

Feb 2007

ATTORNEY CHALLENGE UPDATE

OPERATION MULDER HEADQUARTERS
March 15, 2007

  
  The Court has granted our motion to inspect jury records.  Although that will not eliminate the risk of a plant in the jury it will make it more difficult for the government to do so. 

Although we are awaiting the Court's rulings on our motions to dismiss, detailed in the February 25 update, we are not idle.  Preparations for trial on April 9 are proceeding full steam ahead, thanks to your contributions and your support.  We are still far short of covering all of the costs of the defense and the trial, but with your continued support and assistance I am confident we will be able to finish the fight we've started and get the truth out for the People to see.

Looking back at the road to here I can't help noticing all of the "coincidences" that have funneled me into this conflict.  It is impossible to ignore the fact that I was put here to do just this, to help end the last of slavery in America.  It is impossible for me to believe that He would assign me to a task without giving me the means to accomplish His ends.

And it is slavery.  Even the indentured servants, many of those coming to the colonies from England and Europe, were "permitted" to retain 70-80% of their earnings, the remainder applied toward their freedom. 

If the government can tax at the rate of 1% it can tax 100%.  So, when the government claims not only a share in your profits, but in your sweat, labor and energy you expend in earning your wages, salaries or fees, it is claiming that it owns you and, in Yick Wo v. Hopkins the Supreme Court recognized that

"For, the very idea that one man may be compelled to hold his life, or the means of living, or any material right essential to the enjoyment of life, at the mere will of another, seems to be intolerable in any country where freedom prevails, as being the essence of slavery itself."

            I know that with all your help and support we will succeed in getting the truth out about what the income tax really says (and does not say), even though the government is doing everything in its power to suppress it. 

            I understand those who find it impossible to believe that the government would perpetrate such a massive and devastating fraud on its public because I, too, refused to believe and set out to disprove that claim.  But the truth is the truth and the law is what the law says, not what an agency tells you to do.  What is at stake here is the foundation of any free society, the rule of law instead of the rule of man.  If we can be ruled by a pamphlet from the IRS, what else will follow?  What other rights and freedoms can we feel secure in passing on to our children and grandchildren?

            Other developments have been unfolding, mostly due to your continuing to forward these updates and to provide both spiritual and financial support.  Please keep forwarding these updates out to as many as you can and please continue to send your prayers and contributions.  I feel the strength from your prayers and every "bullet" counts. 

            Due to the generosity of a supporter who paid for my air fare, hotel and expenses I was able to accept the invitation to attend the Freedom and Justice Conference in Irvine, CA, this last weekend.  The support and encouragement from the crowd was overwhelming, humbling, and when the hat was passed they were generous in their support.  While I was there I was privileged to meet The Joe Banister, whose situation is almost perfectly parallel with mine.  For those who do not know, Joe was an IRS criminal investigator who learned of the "big lie" and started asking questions.  His supervisors told him to shut up, but he insisted on some answers.  He was forced to choose between his job and his sworn duty and although it has caused him and his family great hardship, he, too, chose duty. 

            I also met The Bob Lawrence, who was accused of tax crimes in Peoria, IL.  The charges were dismissed, with prejudice (meaning the government cannot refile the same charges), just prior to trial.  Bob's energy and enthusiasm were apparent and contagious and helped reinforce my belief that here lies my duty to the law, the Constitution and the Truth.

            I was also privileged to meet scores of others who are dedicated to this cause and who have, as I have, had their businesses, jobs and lives wrecked and siderailed by the IRS for daring to demand the truth from our government.  I especially wish to thank Peymon Mottadeheh, the head of the Freedom Law School that sponsored the conference, for his invitation and his support. 

            Other news, as shocking to me as to anyone, is that following a radio interview on the John Stadtmiller show on Republic Broadcasting Network (although we weren't able to work out the details on publishing my book) I was given my own radio slot, called, of course, The Lie Free Zone.  The show is broadcast over the internet and on short-wave on Saturdays from 2-4, p.m., Central.  You can listen to the show at www.rbnlive.com, and you can call in with comments or questions at 800 313-9443 during the broadcast.

            Still more news, the program for the upcoming We The People Conference in Alexandria, VA, March 29-31 is firming up.  It appears that I will be speaking at either 3 or 4 p.m., Eastern, on Thursday, March 29.  A webcast of the entire conference will be available through PPV at https://givemeliberty.org/CONVENTION/PPV2007/Registration.aspx.

            An additional tool for you to get the truth out is also available.  Aaron Russo, the award winning producer and director (Trading Places with Dan Akroyd and Eddie Murphy) has produced and directed a documentary called America—Freedom to Fascism, which proves that the government can cite no law making the average working American liable for the income tax.  A link to his website where the movie can be obtained for a nominal charge is being added to this site.  EVERYONE needs to see this movie in order to see what is at stake in this struggle.

            Finally, a gentleman in Oklahoma City, who I would name if I had been authorized to do so, noted that the domain name, LieFreeZone, was available.  He bought the domain name and linked it to this page so that you can now access this site for updates by simply typing LieFreeZone.com in your browser.  Thank you, sir, for a very thoughtful and generous contribution to the effort.  I will be on his radio program this evening, March 15, 2007, from midnight to 2, a.m., Central.  Those wishing to listen to the show can do so at truthnetradio.com

            All of these things are happening because of you and your support in responding with help and in forwarding these updates to all you know.  The task is not completed, however, and we need to keep at it until the truth is out and the government stops deceiving the American population into paying trillions of its hard earned wages and salaries on a non-existent tax that it does not owe.

            And, please, continue to pray for my continued strength, for the Judge's courage and conviction to place duty and the law before self interest, for a fair, impartial and intelligent jury and, most of all, for our successful pursuit of Truth and Justice.

Tom Cryer

God Bless You and God Bless a Free USA
(Free—the way God and the Founding Fathers intended it to be)

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ATTORNEY CHALLENGE UPDATE

OPERATION MULDER HEADQUARTERS
February 25, 2007

            To all my friends and their friends, I thank you for your forwarding and distributing my recent call for help.  The effect of your efforts has been very encouraging and is helping to steel my resolve for the upcoming battle.

            To bring you up to date on the case, the government has "responded" to my motions and the response highlights the fact that the government
cannot dispute any of the claims the motions raise:

Motion and Basis:

Government Response:

Motion No. 1:  The government's charge fails to state an affirmative act, a necessary element for any evasion charge; failure to file a return for a trust is an omission, not an act; clear and compelling court authorities cited in support.

Claims that concealing income in the trust is the act, although by this time government is aware that the trust not only had no income, all it had to "conceal" is losses; no authorities cited;

Motion No. 2:  There is no law or regulation entitled to enforcement fixing the rates of the tax; 1995 Congress dropped rates from the Code and instructed Secretary of Treasury to fix rates; Secretary did not publish or promulgate any rule or regulation fixing rates, a requirement of the Administrative Procedures Act (APA) for a rule or regulation to have any legal effect; Secretary merely revised tax tables in the 1040 instructions booklet, which is no more binding or enforceable than the National Inquirer.

Government claims that APA (which was enacted to provide procedures for adopting rules and regulations) does not apply to rules and regulations, citing authorities that held exactly the opposite; and cannot produce any documentation that Treasury ever published and promulgated any tax rates, in effect having to admit by silence that none were ever promulgated.

Motion No. 3:  The trust complained of was formed only to protect disabled wife from manipulative son (affidavit attached); the trust not only had no income but lost significant amounts both years (affidavit, brokerage account records, spreadsheet showing losses, CPA's affidavit certifying no income attached); trust had no tax liability (CPA's affidavit and pro forma returns attached).

Government contends that it is inappropriate to consider such facts.  No authority cited.

Motion No. 4:  There is no tax deficiency owed by defendant, a necessary element of any evasion charge, because:

 

  1. There is no statute or regulation making me liable for the income tax; statutes specified, court authorities provided;

 

No statute or other authorities cited because none exists; calls the motion's grounds "tax protester" arguments;

 

  1. The statutes and regulations do not identify my revenues as taxed; statutes specified, court authorities provided;

 

No statute or other authorities cited because none exists;

 

  1. The Constitutional indirect (income) taxing authority does not extend to intrastate personal earnings; Constitution cited and substantial, controlling Supreme Court authorities cited;

 

No authorities cited, no Constitutional basis for authority to tax given;

 

  1. The Constitution forbids federal taxation of activities solely within regulatory powers of States; Constitution cited and substantial, controlling Supreme Court authorities cited;

 

No authorities cited, no basis for opposition to Supreme Court authorities provided;

  1. The right to earn a living through engaging in any lawful occupation is a Constitutionally protected fundamental right (numerous, controlling Supreme Court authorities); fundamental rights are Constitutionally exempt from taxation (numerous, substantial and controlling Supreme Court authorities cited);

 

No authorities cited, no basis for opposition to Supreme Court authorities provided;

  1. A person's labor and ability to earn a living is his property (Supreme Court cases cited); taxation of gross wages and personal earnings, which includes and depletes human capital, is taxing both profits, if any, and the human capital invested to receive those earnings, and, therefore, is a property tax, requiring apportionment (numerous substantial and controlling Supreme Court authorities cited).

 

Cites a few lower court cases that are either inapplicable or did not include the holding for which they are cited; more name calling.

            We are right and they know it, but being right and fifty cents . . . a buck and a half, nowadays . . .will get you a cup of coffee most places.  We have to follow through and press for the truth.  These issues have never been before a federal court, but the Supreme Court decisions that control on these issues support our
position in every instance. 

Contrary to the sign over the gate to Auschwitz, Arbeit (and subservience and appeasement) does not Macht Frei—TRUTH does Macht Frei.

            Although the initial "call to arms" has produced some contributions so far, your forwarding has had a significant effect, otherwise, and if we stay at it we can expect our efforts to produce the means to follow through with exposing the truth,
regaining our freedom.

            Since the initial call for help, I have received numerous calls and emails of support and encouragement and have been called on to "appear" on three radio programs (I have been told I have a face for radio).  I will be discussing the case and answering questions on another broadcast on the John Stadtmiller Show this coming Saturday, March 3, 2007, on the Republic Broadcasting Network, from 2, p.m., to 4, p.m., Central time.  Those who wish to listen in can do so at RBN on the internet.

            RBN has also agreed to publish my book, Liberty Lost, A Treasure Map to Buried Freedom, which apparently prompted the government to rush this through a grand jury (in too big a hurry to bother getting the brokerage account records?).  So now nights are spent working toward the final draft.  And that's OK, it's a labor of love.

            I have also been asked to speak at the We the People Conference in Alexandria, Virginia, March 29, 30 and 31, 2007, and have been offered podium time at the 2007 Justice and Freedom Conference in Irvine, CA, March 9-11
provided I can raise the funds to get there.

            As you can see, although the efforts of one man cannot change the world, together we can make a difference.  Please keep helping us get the truth out.  We've seen it demonstrated that if you tell a lie over and over it will eventually be believed.  The same rule applies to telling the truth, but we have to repeat it and repeat it until it overrides the big lie people have come to believe as fact.
           
            The contributions we've received are all appreciated and badly needed, but I am still deep in the woods of financial distress, my home, transportation and office in jeopardy and a long way from being able to meet the expenses of defense.  My practice is dead in the water, at least until this case is resolved.  Please keep this appeal going out to those who can help.  It's time to stop being afraid of our government, to insist that it tell the truth and to remind it that we dictate to it, not the other way around.

            Thanks to all who have helped out and to all who have kept this message going. We have the ball rolling, please keep it going until the task is completed.

Tom Cryer

God Bless You and God Bless a Free USA
(Free—the way God and the Founding Fathers intended it to be)
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