NOTICE TO PLAINTIFFS
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
RIGHT-clicking here. (Adobe .pdf format) If you need the free
Adobe Reader software, click here.
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):
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
firstname.lastname@example.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
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.
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 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:
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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.