Simkanin Billboards Erected
Supporters Massing In Fort Worth

What could ultimately be one of the final battles to expose the fraud of the federal income tax is scheduled to commence Monday morning in Fort Worth when Bedford Texas business owner Dick Simkanin goes on trial for a second time, facing 35 counts of federal tax related charges. His first trial in November ended in a mistrial when the jurors voted 11-1 to acquit him of failing to withhold employment taxes from his employees' paychecks.

In that trial, an IRS legal expert had to recant his prior testimony regarding the definition of the critical legal term “employee” and the judge refused, after a specific request by the jurors, to provide them with a copy of the law that required Simkanin to withhold.

Since the mistrial, the DOJ sought, and has received, a second superseding indictment against Simkanin, alleging additional charges of failing to withhold and several new counts of violating 26 USC 7203, Willful Failure to File. Simkanin, in gross violation of due process, was denied the right to be heard by his fourth grand jury (the first two refused to indict Dick after he testified in person).

In order to raise public awareness about the ongoing judicial and prosecutorial abuses, WTP this week erected (at a cost of approximately $5,000), two large billboards just outside downtown Fort Worth, in close proximately to the federal courthouse and major area freeways. One billboard is 20' high by 60' wide. The billboards are illuminated at night and call for USDC Judge John McBryde to obey the Constitution and to free Simkanin. Bob Schulz thanks everyone that contributed to this effort.

On Monday morning, WTP supporters will be massing at the federal courthouse in downtown Fort Worth to protest the government's abuses and to fill Simkanin's courtroom with trial observers. Bob Schulz will be there and has made a plea for everyone to get to Dallas and make a stand in support of Simkanin. WTP has prepared for a large public show of support in Fort Worth by arranging for a significant number of large banners and flyers to hand out to the public and media.  We have communications that indicate a significant number of people are coming in from a good number of states including Hawaii and North Dakota.

In recent days much has been happening behind the scenes in Dick's case. This week, Judge McBryde granted a DOJ motion to deny Dick the ability to present ANY of the evidentiary exhibits upon which he relied to form his beliefs about the tax code. This ruling by Judge McBryde effectively denies Dick the ability to defend against one of the separate, foundational elements of the alleged crimes, i.e., “willfulness.” (note: knowledge and deliberate intent that Simkanin was violating the law is REQUIRED to be proven to convict. Intent is the legal basis for the element of “willfulness.”)

McBryde also granted a DOJ motion regarding “Jury Security” in effect, keeping the jury in complete isolation from the public during (and before) jury selection and during Simkanin's trial. The order included provisions to conduct the jury selection process in private, with no public witnesses. Potential jurors are being directed to meet at a "secret location" and will then be bussed to the federal courthouse in downtown Fort Worth, and ushered inside for the proceedings. According to the order, jurors will not even be able to use the same hallways or bathrooms used by the general public during the trial.

Before the first trial, WTP volunteers distributed hundreds of flyers from the Fully Informed Jury Association (FIJA) containing factual information about the full legal rights of jurors and the constitutional role of the jury in a criminal trial.

There should be no doubt as to how important this case is to the government. In the balance may well lie the existence of the federal income tax. The DOJ, with the sanction of Judge McBryde has incarcerated Simkanin for six months -- and has put him on trial, twice, with indictments that fail to specifically charge ANY specific criminal violation of US law.

If Simkanin is found guilty, it will certainly be tragic – but it will have been because government officials have pulled every dirty trick in the book to manipulate the trial, even if it means violating Simkanin's constitutionally protected Rights, in order to secure his conviction.

If however, Simkanin is acquitted, (or if the government withdraws the charges), the Department of Justice, the IRS and Judge McBryde will have to explain to America many things – including how and WHY Simkanin was incarcerated and prosecuted --- and how this prosecution could proceed virtually unchecked, without the government EVER averring for the court, ANY specific law that Simkanin actually violated.

Dick wants to thank everyone that has written to him during his incarceration. He wants everyone to know that the letters being sent to the prison are being closely scrutinized and studied by the correctional staff. Comments made directly to Dick indicate that the staff is very impressed with the legal discussions in the correspondence and that these letters have initiated significant discussions within the prison.  Apparently, many have indicated that they have gone to the WTP website and have been disturbed by what they have learned.

Dick wrote a short letter to Bob Schulz that he has asked us to post.  We also are posting a letter from a freedom defender from New Zealand.  Dick encourages everyone to keep writing. His address is:

Richard Simkanin
REG# 30383-177
FMC Jail Unit
P. O. Box 15330
Fort Worth, Texas 76119

Please get to Fort Worth. Dick is risking years in prison to fight tyranny and defend our Rights. Please stand with Dick to help expose this fraud and protect what vestige of Justice remains in our land.

If you simply can't be there – even for a day or two, please help us by financially supporting those that are going to Texas and to help cover the significant, and ongoing costs of this effort. Please donate.  Remember, it's your direct involvement and financial help that makes it all happen.

In the event that the trial schedule changes due to schedule changes or court rulings on Friday January 2nd, WTP will post, as immediately as practicable, updated news on the main WTP web page. Be sure to use the following link: http://www.GiveMeLiberty.org/default.htm.

Please Donate on-line so that WTP can battle for Justice in Fort Worth.

Register for January's WTP GML2004 Conference.  Please remember your early registration helps us fund the significant costs of hosting this historic conference that will publicly initiate the discussion of the Right to Petition and the application of this forgotten Right to reclaim our Republic and restore Constitutional Order.

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