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Update: Class Action Lawsuit

10-20-03

Update: Class Action Lawsuit

Phase 1: Completed
Phase 2: $285,000 Needed

The End is About to Begin
  

September 4 was the date of our last update on the pending class action, “We The People v. The US Government.” 

Since then our attorney, Mark Lane, has developed and presented his suggested plan of attack and drafts of the papers to be filed in court. 

WTP has reviewed and approved the plan and the papers are now just about ready to be filed.  

Phase one, which cost WTP $35,000, is virtually complete. On behalf of all concerned Americans, we thank those individuals who contributed the funds. Without this generosity, we could not have gotten to "first base" with this historic legal action.  

The plan Mr. Lane has recommended consists of a two-pronged approach to enforcing the Redress of our grievances: 1) a class-action lawsuit to be filed in the US District Court; and 2) a claim to be filed in the federal Court of Claims.  

Both actions will be filed at the same time with a request to one court to stay the proceedings there, pending the results of the other action, but to grant the request for injunctive relief.  The injunctive relief sought will protect all litigants, (direct plaintiffs and all class members,) from any and all civil and criminal tax enforcement actions, including all non-tax related legal actions that are in nature retaliatory against plaintiffs, their businesses and/or family members.

Please visit the Lawsuit Information Center for details about the class definition, how to join the class-action, an overview of the legal claims, detailed research about the Right to Petition and communications tools to help spread the word about this historic legal action.

In both actions the claims will be based on the failure of the Executive and Legislative branches to respond to our Petitions for Redress.  Both actions will focus exclusively on the Right to Petition the Executive and Legislative branches, the Right to have our Petitions answered and the Right to retain our money if the government refuses to answer; that is, the People’s Right to “starve the servant” if the servant government is taking over the house. This is the primary issue and we intend to bring it to the center of the American stage. 

In both actions we will claim that IRS retaliatory actions against the Petitioners are constitutional torts in that they are violative of Petitioners’ Right to Petition and Petitioners’ Right to protection from retaliation.  

The class action complaint in US District Court will be a Jury trial.  

The action in the Court of Claims will seek money damages to cover all costs of all plaintiffs in the class who have had to defend themselves against the IRS retaliatory actions AND the costs in bringing forth our lawsuit. NOTE: We will soon issue a draft affidavit for people to use to assert what their costs have been in defending themselves against the IRS who has tried to collect money from them. 

Once Mr. Lane files the pleadings he will be lead counsel for the duration of the case.  

We must now prepare for Phase 2, which will include the filing of the complaint, defending the complaint by preparing motions in opposition to the government’s motions to dismiss, preparing opposition to a possible motion by the DOJ for sanctions for having filed the case, arguing the issues before the court at all hearings, taking whatever steps are required to keep the complaint alive and preparing for trial.  

The cost to WTP for Phase 2 is $285,000, including expenses, which will be placed into a trust account maintained by Mr. Lane. He will only be able to transfer portions of that account to his law firm account upon consent and agreement by WTP. 

Beyond the $285,000 we would like to raise at least another $500,000 for a nationwide public information and education campaign to bring the class action lawsuit to the attention of the American People, making it a matter of nationwide conversation on talk radio, in academia, with journalists and commentators, in our legal and judicial circles, around the water coolers and in living rooms.

Make no mistake, the actions our government takes in response to this lawsuit depend not only upon the validity of the legal arguments put forth in the courts, but also on the reaction of the People in the court of public opinion.  

WTP has expended well over one million dollars during the last few years to get to where we are in our efforts to get the government to answer the People’s questions relating to its abuse of its taxing and other powers.  

We have no financial angels. Those funds have come from many individuals and small businesses. Whenever we needed money for something we sent out an appeal to those on our relatively small mailing list. Without fail, our needs have always been met by the patriotism and generosity of scores of concerned individuals. For that, we are very, very grateful. 

For this historical undertaking, we now need to raise more money than we have ever raised for any single event -- even more than was raised for last year’s Truth-In-Taxation Hearing, which cost WTP in excess of $360,000. 

Little did we imagine that any succession of our elected representatives would so audaciously and cruelly abuse their constitutional authority as to begin to withhold from us the irrevocable Rights to which we are so justly entitled.  

Little could we imagine that in our lifetimes we would see the unexpected moment when our servant government, with a “damn the Constitution” attitude, would dare to violate the most sacred instruments of Freedom. 

It is time to shame and intimidate these oppressive men that lead our nation. It is time to shame them into honorable and just modes of governing our affairs.  We must stand firm against arbitrary alterations of constitutionally enumerated powers and constitutionally guaranteed individual Rights. 

The Right to Petition lawsuit, “We The People v. The US Government” will deliver those ends.  

Please remember, unlike the income tax system, this issue has NEVER been fully adjudicated before the federal courts.  The historical and legal research is unequivocal:  The Right to Petition is the instrumentality to directly & individually exercise popular sovereignty.  By putting this single issue before the court, and before our nation, our government will be forced to publicly declare whether we have a government of, by and for the People, or not.   

Specifically, we intend to put the court in the position where it knows that if it dismisses our claims it will be broadcasting, not only to the American People, but to the entire world, that government based upon the consent of the People is a quaint anachronism in America, that the American People have no way remaining to peacefully enforce their Rights, that the People of America are no longer free, that the government of the United States has seized the ultimate power from the People, that after 225 years the government of the United States of America has decided to downgrade the Republic, that it will no longer accept being limited by a written Constitution and that the government intends to devalue the United States of America by dropping it down into the ranks of the world’s socialist democracies. 

By great intent and design, we have insured that only a single question declaring the sovereignty of the People through the Right of Petition is before the court.  There are no questions about “Section 861”.  There are no questions about tax liability.  There are no questions about the definition of “income.” 

There is only a single question – and in the answer to that question there can be NO middle ground.  The people either enjoy sovereignty over servant government or they do not. Our servant government must answer the People’s Petitions or we will have been reduced to rely on the ballot for the protection of our Rights, as is the case in socialist democracies. Either we have the ability to peaceably enforce our Rights through Petition or we do not.  

Should the courts dismiss our claim, the US Government will, by definition, be inviting Americans to resort to extraordinary means in defense of their Rights and Freedom. Is this moment in history distinguishable from the events leading up to our Founding Fathers’ frustrated encounters with King George? 

There is no Liberty if the power of judges be not separated from the Legislative and Executive. 

We believe we can safely say, this lawsuit marks the entry of the People into a life and death struggle for the Republic.  Nothing less than our freedom is at stake. 

With respect to executing the lawsuit, we will not be able to give the “green light” to Mr. Lane to file the complaint until we place $285,000 in trust. We ask everyone to please reach down into the depths of their being, consider the extraordinary importance of the pending class action lawsuit and then extend extraordinary financial support to WTP.  

Please consider sending a substantial initial contribution (and continuing with a significant monthly contribution).  If one thousand of our supporters contributed just $300, Phase 2 would begin immediately. 

In addition, those that anticipate becoming class-member plaintiffs (at no cost) and enjoying the anticipated injunctive protection of the federal court against any (and all) civil and criminal IRS enforcement actions, should fairly weigh what this protection is personally worth and consider making a donation appropriate for the relative value of income, property and emotional protection that this suit may provide.  The quicker we file, the quicker we hope to enjoy injunctive relief and curtail the IRS Reign of Terror.  

As we have stated before, there are but few moments across time that create history and can change forever the course of human destiny.  This is one of those moments.  Join with us and seize this opportunity that has been offered to you by Providence.  

The value and extent of the advantages tendered to all Americans by our forefathers are indeed, immense.  Heaven grant you not discover them to be a blessing after they have bid you eternal adieu. 

Please Click here to make your donation.  

Finally, here are a few words about Phase 3: 

Phase 3 will be either an appeal from the District Court to the United States Court of Appeals or a trial if the court does not grant the government's motion.

If Phase 3 is an appeal – Mr. Lane will do all the research that will be required, he will write the appellate brief, read the opposing brief, conduct further research, write the reply brief and argue the case before the Court of Appeals, if the Court will entertain argument.  The fee, including expenses, will be $110,000.  Expenses will include printing the brief, paralegal costs, and travel to Washington to argue the case.  

If Phase 3 is the trial, that is if the District Court does not dismiss, Mr. Lane will try the case for the fee of $185,000, including expenses. Expenses will include having a paralegal or another lawyer present, as well as travel and lodging during the trial. 

That’s it for now. We will try to post an update at least once a week.  

Stay well and stay vigilant.  The end is about to begin. 

Bob Schulz
Chairman
We The People Foundation for Constitutional Education, Inc.


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