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February 27, 2005
Court Grants Our Motion For Sur-Reply
DOJ Faces
Tall Constitutional Hurdles
On Its Motion To Dismiss
Last
week, the U.S. District Court in Washington, DC granted We The People the
final word in the now months-long battle over the government's Motion to
Dismiss the People's landmark Right-to-Petition lawsuit.
The court, in a relatively infrequent move, granted WTP’s
motion for permission to file a “Sur-Reply” to counter new
arguments raised in the government’s
Reply to WTP’s
opposition to the government’s
motion to dismiss the
complaint. The government had expected its Reply would be the
final pleading on its motion to dismiss, and then
opposed WTP’s motion for permission to file a Sur-Reply.
In its Reply, the Department of Justice
did not rebut the formidable
arguments put forth by WTP in opposition to the Government's
claim of “sovereign immunity” as a bar to being sued.
However, what the government did do in its Reply was advance new
arguments, including: 1) the government has no obligation to provide
“adequate” responses to Petitions for Redress, 2) the government has
responded to the Petitions, 3) there is no case law supporting WTP’s
position that People can retain their money to cure constitutional torts,
and 4) withholding of taxes is merely “garden variety” civil disobedience
which is not protected under the law.
It was
in its Reply that the DOJ also attempted to
commit a fraud upon the court,
inferring via deception, that a non-official propaganda piece distributed
widely by the IRS, is proof that the government has responded to the
questions raised in the Petition for Redress of Grievances regarding the
government’s enforcement of a direct, unapportioned tax on labor.
Tomorrow morning, will WTP transmit its Sur Reply to the U.S. District
Court.
Click here to read the
Sur Reply and its
Attachment. (both .pdf format)
Although only five pages in length, Plaintiff's Sur Reply is the final word
regarding the government's Motion to Dismiss and communicates to the Court,
in frank and explicit language, the substantive constitutional hurdles
that the DOJ has failed to overcome in its quest to avoid this lawsuit and
the monumental implications if the People are denied a judicial forum to
hold the government accountable for committing constitutional torts.
As it
states in the final paragraphs of the Sur Reply,
"There is much at stake for both sides in this
controversy. The government asserts its authority to act without
constitutional restraint or judicial review.
It assumes the unilateral prerogative to interpret its own authority to
act unchecked outside the limited powers delegated to it by the terms
and conditions of the Constitution. Defendants argue that the American
People, including individuals and minorities, have no means beyond the
ballot box by which to enforce their Rights.
If the People are truly sovereign, the Court, as a neutral arbiter and
protector of the People and the People’s Natural Right as the final
interpreter of the Constitution, should grant Plaintiffs’ Petition to
secure this forum to resolve this historic case and controversy, and
define for the first time, the full contours of the Right to Petition
the government for a Redress of Grievances."
It
appears the Right-to-Petition lawsuit is becoming a legal quagmire for the
Department of Justice and the IRS, and that we are upon a moment of
significant, historic choice for the Judiciary, and our nation.
We the People can only send our hopes and prayers that those who bear the
resolution of these enormous burdens will follow their hearts, obey their
Oaths, and support and defend the Constitution -- and the essential, divine
principles that this case breathes new life into.
Please
Contribute.
We again urge our supporters
and the RTP lawsuit Plaintiffs
to recognize that this landmark, epic legal struggle -- as well
as all the operations of the WTP Foundation are funded entirely
by your generosity.
Invest in
Freedom.
Invest in those that are the ones making it happen.
Invest in We The People.
Click here to make a
one-time or
monthly
tax-deductible
donation.
You have our sincerest gratitude.
Donations may be made by mail to:
We The People Foundation
2458 Ridge Road
Queensbury, NY 12804
Washington
Times Ad
Full-size,
Color
Reprints
Full-size, color
reprints of this WTP ad which was run in two editions
of The
Washington Times the week of February 16th are now available.
We just ordered a second print run of the ads and were able
to lower the cost.
Click Here to get bulk-quantity copies of the ad
from the WTP on-line Store.
100 for a donation of $25,
500 for a donation of $100
(SHIPPING INCLUDED)
Click here to access the special
link contained in
the
Washington Times ad. The link contains a readable &
printable version of
the ad as well as copies of the information packets WTP sent to every
member of the tax panel.
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