October 31, 2006

RTP Lawsuit Update:
Schulz Furthers Oral Arguments

Today, WTP Chairman Bob Schulz flew to Washington, DC to file a short motion for “Post Argument Communication” with the US Court of Appeals, augmenting several arguments made on behalf of the Plaintiffs by lawsuit counsel Mark Lane on October 6th.

By prior order of the Court, each side was represented by a single attorney at the hearing.  Schulz, as the lone pro-se Plaintiff (i.e., not represented by Lane), was not given an opportunity to address the court.

Schulz’s motion clarifies that the public “fisc” (i.e., treasury) could be affected if the Court were to uphold the People’s Right to retain their money to secure Redress, but states that such effect on the fisc, with respect to the Plaintiffs, would not only be negligible in the context of a $2.7 trillion annual federal budget, but that the impact in the future would ultimately be determined by the Government’s own choices regarding its proclivity to commit ongoing constitutional torts against the People.

The motion also augments Plaintiff arguments regarding the Government’s oft-repeated assertions that it enjoys “sovereign immunity” from lawsuits by the People.  Schulz clarifies that the act of Retaining money to secure Redress is not equivalent to a “monetary claim” against the Government and its treasury. This legal distinction by itself, favors recognition of jurisdiction for the People under existing federal statutes, notwithstanding the separate and significant Constitutional arguments justifying jurisdiction.

Schulz additionally argues that despite the admission that withholding of money could negatively impact the fisc and would temporarily suspend tax enforcement actions against the Plaintiffs, such facts do not give license to the Government to unilaterally alter the fundamental limitations on government authority set forth in the Constitution, nor does it allow the Government, via Acts of Congress, to alter the fundamental fiduciary relationship that exists between the People and their servant Government.

The Court is currently considering the People’s appeal and their Emergency Motion for injunctive relief.


Click here to read Schulz’s Motion for Post Argument Communication  

Click here to read the transcript of the October 6th Oral Arguments

Please click here to volunteer to be in DC on November 14th to participate in this important Right-to-Petition event and access links to obtain a “V for Vendetta” costume. Please note the Foundation may be able to provide a costume for a limited number of individuals unable to afford one.  If so, please indicate your need in the comment section of the on-line form.