NOTICE TO PLAINTIFFS

from 

MARK LANE

 July 26, 2004
 

            Many of you have participated in the petition process for years, either individually or together with We The People, and have, therefore, anticipated and prepared for becoming plaintiffs in a case now being brought in an effort to require your government to respond to your respectfully submitted inquiries. 

            On July 19, 2004, that case was filed in the United States District Court for the District of Columbia. The case number is 04CV01211. It was brought by two organizations, Robert Schulz, and three former employees if the IRS.  Thousands of you have stated that you wish to become plaintiffs in the case.  In the near future, an amended complaint will be filed with the District Court and served upon the defendants, including the IRS and the Department of Justice.  At that time the names and addresses of all other plaintiffs will be added to the caption of the case.  

 Although you have stated in principle that you wish to be plaintiffs in a case that seeks to enforce your fundamental Rights, in order to be a fully informed plaintiff it is important that you understand all aspects of the case, that you participate in providing essential information, that you understand the potential risks and the potential benefits of participating and that you ask questions if any aspect of the case is not clear to you. 

            Your initial task is to carefully read the complaint.  It is published on this website and can be read and downloaded by RIGHT-clicking here. (Adobe .pdf format) If you need the free Adobe Reader software, click here.
         
I have already spoken about this case to many of you, but since so many more have expressed a commitment to join, face-to-face meetings with counsel may not be possible.  With regard to all general inquiries, questions of a non-personal nature, and questions concerning non-privileged matters, we can and will communicate openly through this website.

          For inquiries of a nature that need to be considered protected with regard to client-attorney privilege, I will also be available for one-on-one telephone meetings and I am in the process of arranging a special phone line for such purpose.  Communications sent to the website via e-mail or other electronic means are not protected and are considered public communications. 

          Suggestions to amend or modify the complaint cannot be entertained due to the large numbers of participants.  If, for any reason, the case does not seem sound or appropriate to you, as it is stands, you should not participate as a plaintiff

            You will note that the initial complaint states that the individual plaintiffs have decided to stop paying taxes on their labor as measured by their salaries and wages until the defendants, the government and its agencies, respond to the questions that have been asked.  While that statement accurately sets for the present record, as it applies to Robert Schulz and the three former IRS employees, it neither implies nor states that others are required or encouraged to adopt a similar position.  In other words, you may be a plaintiff in this case, insisting that your petitions be responded to by the government, even though you continue to also pay the direct, un-apportioned tax on your labor.  When we amend the complaint, adding named plaintiffs who continue to pay the tax, the complaint will state that some of the plaintiffs have declined to pay taxes pending a response from the government. 

            I know that many prospective plaintiffs have submitted affidavits stating that they have already declined to pay taxes until the government appropriately responds to the questions that have been asked. That decision is one that I wish to discuss with you now. 

            Various prospective plaintiffs who have submitted affidavits have asked:            

            “What will be done with the information in the affidavits?”           

            That information, including the name and address of the deponent, (the person who signed the affidavit), will be part of the case and will be available to the IRS, the Department of Justice and the government lawyers who represent each of the defendants.

If you prefer not to have that information widely published, on this website and to the government, you should inform us that you wish to have that affidavit withdrawn. Such a request will REMOVE you as a plaintiff in the case.  NOTE: Although you MUST have a signed affidavit submitted to participate as a plaintiff, such affidavit need not stipulate any facts regarding your payment or retention of taxes.  

“May I be a plaintiff even though I continue to pay the tax?” 

  YES. If you do not retain tax money, or do not wish to state that you are retaining tax money, but you have in some way petitioned the government for a redress of grievances relating to the tax, war, money or privacy clauses of the Constitution and government has not been responsive to your questions, you may still be a plaintiff in this case.  

            “Are there risks in telling the government I am retaining tax money?” 

            Yes, there are risks.  The IRS has already stated that it will respond with enforcement actions; those actions may include both civil and criminal procedures. 

            “Can you do anything to prevent actions against us for refusing to pay taxes until we receive appropriate responses to our petition?” 

            Yes, we can ask the Court to enjoin the government from retaliating against you for your decision to withhold tax money until appropriate answers to your petitions are received.  In fact, that relief is being sought in the complaint under the “Wherefore” section of the complaint which is found at the end of that document.  However, it is very important to understand that our request is just that, a request.  Only the Court can decide what it will do.  There is no guarantee that the agencies of government will be restrained by the Court.  

            Now that you are knowledgeable about the risks and the circumstances surrounding your participation in this case you are in a position to make an informed decision as to how you wish to proceed. 

            To be eligible to be a plaintiff in this case you must complete three tasks (many of you have already completed tasks 1 and 2):  

TASK #1:

If you have not already done so, you must tell us you want to be a plaintiff by first clicking on “Lawsuit Information Center,” then clicking on “Join the RTP lawsuit” link and then entering the information requested, on-line. 

Note 1: Over 3,000 people have already completed this task. If in doubt, sign up again. The system will reject duplicates. You cannot join this case as a plaintiff unless you tell us you wish to do so. If you have any general questions about this case, that is, if you have any questions that would apply to all prospective plaintiffs, please send those questions to info@givemeliberty.org. Since there are thousands of prospective plaintiffs, the most efficient manner to deal with general questions is for us to place them in categories and then respond to those issues on this website. 
 

TASK #2.

If you have not already done so, you must send us a signed and notarized affidavit similar to the one we have posted on the WTP website. The Affidavit is also provided in text format for those of you who want to change the wording to suit your individual circumstance. You are asked to send that information to us at the address indicated in the form of the affidavit. Be sure to include your name and address on the affidavit. 

Note 2: Nearly 2,000 people have already completed this task. 

Note 3: At a minimum the affidavit must state that you have Petitioned the government for answers to questions relating to one or more of the four issues (the tax, war powers, money and/or privacy clauses of the Constitution) and that the government has been non-responsive to your Petition.  

Note 4: If you are retaining your money until the government answers the questions and you want to say so, that should be included in your affidavit as well. If the government is retaliating against you for any actions you have taken in support of your Petition (including your retention of your money) you should also say so.  

TASK #3:

This is a new task, which can be completed by the entry of the requested information, on-line, in the form titled PLAINTIFF’S STATEMENT(Note: currently under construction!)

We are asking those who are being retaliated against to briefly describe the nature and extent of the government’s retaliation and to describe the nature and extent of their participation in the Petitioning process. The information is needed to justify and support our motion to the court to expedite the proceeding and to enjoin the government from taking any further enforcement action until the underlying questions are determined by the court.  

Note 4: Again, the PLAINTIFF’S STATEMENT  (Note: currently under construction!) asks plaintiffs to briefly describe both their participation in the Petitioning process and the retaliation and/or damages incurred by the government’s retaliation.  These descriptions are NOT intended to be exhaustive, detailed statements of your experience, but rather informational in nature so that your standing in the case is assured and our request to expedite is justified.  You may be called upon later to provide additional information.

With regard to participation in the Petitioning process, a wide range of activities will qualify you as a Plaintiff.  This range includes, but is not limited to: 

  • Acting on your own, or with other organizations, by sending letters to government officials or through other actions in which you asked the government to respond to the relevant questions or subjects of the Petitions.
  • Directly asking questions to government officials at a legal hearing, trial or public forum.
  • Signing one or more of the on-line Petitions directed to the government by We The People,
  • Contributing, even modestly, to the 5-year long We The People’s Petition process through attendance at meetings, making donations to We The People, contributing to the legal costs of the Petition process, etc.

With regard to retaliation against you or damages incurred by you as a result of either your exercise (or enforcement) of the Right to Petition OR government’s failure to properly respond -- a wide range of retaliatory acts and damages is possible, including, but not limited to:

  • The receipt of threatening letters, contacts or communications from the government.
  • Seizure of your property, financial accounts or wages via lien or levy.
  • Criminal or civil investigations, searches/raids, indictments, summonses, prosecutions, incarceration, etc.
  • Intimidation, even indirectly, flowing from official statements and/or threats of government officials, etc.
  • Direct or indirect financial losses including, e.g., loss of business, jobs, promotions, savings, opportunity costs, etc.
  • Personal damages including e.g., loss of reputation, emotional stress, fear, other physical effects, family problems, etc.
  • Consequential damages, however manifest, flowing directly, or indirectly, from the Government’s abuse of its Constitutionally limited powers (as outlined in the subject Petitions) OR Government’s refusal to respond to the Petitions.
  • Denial of the full exercise and enjoyment of your Constitutionally protected, unalienable Rights as a Sovereign, including, e.g., privacy, property, labor, etc.  

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If you have any specific question that may apply only to you, due to special circumstances, please call me with those inquiries.  I am installing a special phone line for this purpose. Within a few days I will be available at the new number during specified hours of the week, all to be posted soon on this website.  Please do not call with questions about this case except during the hours set aside for those calls.  I will not be able to return calls; please do not leave messages and please call only during the period established for calls about this case. Also, please call only if you have specialized questions or if you have failed to receive an adequate answer to questions submitted to the website. For general or non-personal questions, please first submit your questions to, and review the lawsuit "FAQ" page for frequently asked questions about the suit.

            Although you have already stated that you wish to be a plaintiff in this case, out of an abundance of caution, we are suggesting that you follow the procedures set forth above.  Remember, begin by reading the complaint.  Decide if you want to become a plaintiff in this case. If you decide that you do wish to become a plaintiff then go to the Lawsuit Information Center and enter the appropriate information. If you have any doubts feel free to ask questions.  If you are unsure about whether you wish to be a plaintiff do not apply. 

            I have told you about the risks. The benefit, as you know since you have previously stated that you wished to be a plaintiff in this case, is that you, with many others, will become part of an historic case in an effort to restore the Constitution by reinvigorating the right to Petition the government for Redress of grievances.  That right is guaranteed by the First Amendment to the United States Constitution.  Since we are not seeking a judgment awarding money to the plaintiffs, there will be no financial benefit.

(END)