A Message from
Arthur L. Farnsworth
Tax Honesty Movement Advocate
and (at present) Political Prisoner
Thursday, June 19, 2008
Fellow Americans,
Greetings from Fairton Federal Correctional Institution in lovely southwestern New Jersey. It's a slow day at work here in the powerhouse tool room, so let me finally write this overdue message for the Trial Logs Web site, which I believe is still being maintained and moderated by a good fellow Libertarian, David Jahn.
As I set pencil to paper, it is now fourteen and one-half months since my kidnapping at the hand of United States District Court Judge John Padova and his federal henchmen. Only minutes after saying on the record that America's income tax system is voluntary, he ordered me remanded (kidnapped) for "not volunteering." I don't yet have the sentencing hearing transcript in my possession, and thus I cannot here and now provide direct quotes from that morning, but my recollection of what he said after my statement is good. For reasons unknown to me I was not even allowed to self surrender, which is, I understand, what most white-collar, non-violent fellows are allowed to do. It's been since August 5 of last year (!) since I sent material via fellow Tax Honesty Movement Advocate Ken Evans for posting to this forum; please accept my apology for the delay. Believe me, please, when I tell you that I have been busy!
After being put in jail on April 3, 2007, it was so easy to look at what happened to me in a negative way, and I did so. All of the "it's wrong" points quickly came forward: I'd broken no law, I'd been separated from my family (including my dying father), and I was denied self surrender, thus meaning I'd not been able to arrange banking and house custodial affairs inadvance. Heck, attorney Peter Goldberger even believed, on the morning of the sentencing hearing as we stood outside the courthouse discussing possible outcomes, that I'd likely "get" nothing worse than "bail pending appeal." After all, I had been out on bail since Special Agent James Morris and his co-thug came to unlawfully arrest me - the whole course of time before the trial. After many months here in the prison camp, though, during which time I focused my attention on revamping my relationship with God, I began to identify, consider, and be thankful for the good aspects of my wrongful imprisonment - the reconnection with God and study of His Word; removal of me from negative people and influences; removal of me from my bar stool; free and easy access to a complete set of weights and other exercise equipment, which I have been using with noticeable results; God's use of my musical talents for the thriving camp church and for various secular events; and lately, the restoration of a relationship with a wonderful woman friend. I have learned that in the midst of one's "down and out times," it is good to reveal and dwell on positive occurrences and people.
Let me next provide you with a legal update. I'm not privy to what David has been posting on Trial Logs regarding my case. I'm using as an attorney for my appeal Jonathan Altman, who recently relocated his office from the Paoli area to Malvern (both Pennsylvania). I'd at first leaned towards Peter Goldberger, since he'd done great motion work and was there for all of my trial, but decided that even though he produced excellent product, I wanted to work with someone who knew the truth about the federal income tax fraud and was on my side ideologically - someone who would fight with me for what's right, not just for me. Let me add parenthetically here that, knowing how the evil government toadies (prosecutors) like to use the words of we patriotic Americans (and unless you're the piece of refuse from Quatloos you probably fit the mold here) against us, I can hear an Amy Kurland waving a piece of paper in the air (she did this at my sentencing hearing) while excitedly babbling to a judge, "See! He admits it himself! He even dumped a lawyer who didn't agree with his un-American, illegal tax protestor rhetoric, which he learned from noted tax criminal Irwin Schiff, in favor of an attorney who would go along with his misguided notions about this nation's tax law! Ooh! Ooh! Ooh!"
Hey Kurland - I'm still waiting to see the statute that makes any American liable for-the tax. Whoops! Amy quit (see below).
The appeal brief was filed in late December, 2007. We fixed and improved some things and submitted an update. The federal mafia filed its reply in late March 2008. Prior to this, I learned that the two women who had been the prosecutorettes in my case
(Amy Kurland and Ara Gershengorn) were "no longer with us." Mr. Altman's office told me that Kurland had left to work in the Philadelphia Inspector General's office, and Gershengorn had relocated to New England to work in a practice there. Should I look at this as good or bad news? While it would be nice on appeal to prevail against the two who had done a better job at trial than my primary attorney Mark Lane (more on him later), from a practical standpoint, a "newbie" might be better for us to go up against.
The federal mafia's Brief for Appellee is full of vilifying comments. Here is a sample of the contents:
Just plain wrong - district court had jurisdiction pursuant to 18 U.S.C. 3231, I received income (no definition provided), I "became a tax protestor, although was aware was required to pay income taxes."
Averments based on lies by witnesses, misstatements about the trusts, claims that I knew they were fraudulent, bringing up "wages are income" even though I did not.
Actually, the fact that both sides "have to" rely so much on decisional law rather than statutes and regulations is a disconcerting but well-known commentary on the modern judicial system. At least our side is pointing out fundamental truths about jurisdiction, requirements regarding the Federal Register, what the supreme court as well as the third circuit have said on key issues, and last but foremost, what the Constitution guarantees.
In an appeal, the appellant gets the last word, so Mr. Altman put together a fine sur-reply brief, which ably condensed the key issues into more compact, powerful form. A few things were fixed and improved, and our update was filed on June 18. Mr. Altman has also filed a request for a "rehearing en banc," which says that we want the whole panel of third circuit court of appeals judges, rather than just three, to hear the case, because it addresses an issue whereby through the federal mafia's interlocutory appeal (which it lost) and Judge Padova's subsequent reversal of reliance on established Third Circuit decisions (without regard for clear statutory language and decisions in furtherance thereof, like Bull v. U.S.) with regard to the need for there to be an assessment for there to possibly be evasion of payment, Third Circuit "law" (precedence) is in turmoil. I wish I could be there, to hear him at oral argument bash the government toadie, who will no doubt whine and cry, while not relying on a single law passed by CONgress or a single supreme court decision, in contrast to our side, which will rely on valid, constitutionally-sound points of law.
I continue to maintain a daily journal, for use in writing a possible book some day. I also have a spiritual journal, to track my development in that area. I've had to survive a crushing legal defeat, much money spent on attorneys, separation from my family, wrongful imprisonment, refusal by Judge John Padova to allow bail pending appeal so I could be with my family and especially my then-dying father (now deceased), and subsequent refusal by the federal thugs who run this institution to allow me a furlough to (first request) be with my dying father or (second request) attend his memorial service. I have been prosecuted by and persecuted by agents of evil. The I.R.S., which now more than ever I feel bears the appropriate name Idiots Representing Satan, continues to unlawfully harass me, of late claiming in a bogus "Notice of Deficiency" that I owe Unkle Skam approximately 300,000 FRNs. Through all of this nastiness I have matured in my faith, learned important lessons about-forgiveness and how to deal as a Christian with those who persecute me, and come to rely on God's promise that although as a Christian I can and should expect hard times, He is there to strengthen me; and, since He hates evil and sin, He will bless me with victory, in some way', shape, or form that suits His will and timing, and furthers His Kingdom work. Those who perpetrate evil against me will feel His wrath some day.
Let me address "Mark Lane as my attorney" as I work on bringing this message to an end. I hired this "internationally-prominent" "patriot" lawyer, feeling very confident about my decision. He was the "We the People" lawyer, wasn't a wimp, promised tough cross examination, agreed with the majority of my defense design (and said he'd use it), wouldn't take any guff from a hard-headed judge if we had one, etc. I paid him quite a sum of money, by my standards, and in the end, he failed to completely implement my defense, jeopardized the case by not putting me up for redirect (thus leaving the prosecution's vitriol as the freshest thing in the jurors' minds), and didn't even stick around on Friday for the verdict, which due in large part to him was "guilty." In early January I wrote him a letter in which I described from the transcript the more serious shortcomings of his from the trial. The letter ended with a request for a refund:
I must no longer bear any malice towards you, but after having shared with you above many of the trial deficiencies for which you are responsible -- a trial the outcome of which I believe you are, in large part, responsible for -- I leave you with the following request, which I will make here and now, yet not again - based on your thoughtful and hopefully prayerful reflection, that you refund to me an appropriate amount of the $80,000 or so I paid you in legal fees. I spent over one-half of my life savings on this trial, and will have to essentially start anew with life and career once I am released. It will take money, which I have little left of, to do that. The appeal has its cost, as might subsequent litigation. I want my good name cleared of the wrongful charges against me. I will pray that God directs you in your decision making.
I will not have much money left when I return home in March 2009, and the many tens of thousands of FRNs I gave to him for an insufficient counsel effort would be useful. I therefore ask those of you who were at the trial and witnessed (court humor - sorry!) his flaws and post-cross hijacking of my defense to join me in requesting a refund by writing to him. He did not respond to my request. His address is:
Mr. Mark Lane Lane
Law Firm Four
Old Farm Road
Charlottesville, Va. 22903
I mentioned above that the date of my release from federal mafia captivity is March 14, 2009, but I am scheduled to go to a "halfway house" some time in late November or early December. It would probably be what is a reported filth hole in Philadelphia, and there are sufficient onerous rules and other examples of federal mafia nonsense to comply with that I would prefer to waive it and finish my time in captivity here in the camp. "You can't waive it," I was told. There are, though, ways by which one can be disqualified from halfway house time. The first is documented in the prison program statement - refusal to participate in pre-release classes. I have already gone to four of the five, so that won't work. What will have an impact, I believe, is my plan to decline to voluntarily provide the federal mafia with a DNA sample, which it seemingly wants from all (even improperly) convicted felons. Right out of an episode of "The X Files," this grossest of invasions of personal privacy and identity is repugnant to me as a Libertarian and as a creation of God. Since this disgusting and morally-reprehensible request was part of the sentencing paperwork generated by Judge John Padova, the ramifications for not voluntarily complying may be more severe than for not taking part in a class; I'll find out in the autumn, I guess. Pray that God keeps me strong throughout this ordeal.
I lost a battle, but still hope that the few left who love America and want her to be what she was designed to be will win the war.
I suppose I've covered all I desired to. The food is alright, there's plenty to do to keep active and away from the boob tube, they show movies on weekends, I have four dogs to walk and play with, and ... I want to hear from you!
I receive very little news from anyone about things Libertarian and the current status of fellow Tax Honesty Movement advocates. I pray daily for those in the Movement who are languishing in jail, and encourage you to do so also. I very much enjoy receiving and responding to correspondence, and thus I'll wrap up with the following requests:
1) Write me at the address below.
2) Write to the other wrongly-imprisoned patriots. A list of some of them is on the "Help Others" page of my Web site at
http://www.ArtFarnsworth.org. Please note that the list there has not been updated in a year, and you might wish to check Trial Logs for more recent contact information. For example, I heard that Mr. Schiff was moved from Fort Dix, New Jersey, to Otisville, New York.
3) If you know what transpired at my trial and are upset by Mark Lane's shortcomings, please write him requesting he refund the fees I paid him.
4) If you are able, consider donating some spending money (a little goes a long way) to my commissary account, or help defray my legal expenses by donating to my legal defense fund. Donation information appears below.
Now that I am here on the inside of a federal mafia "cage," I can tell you that I and the other Tax Honesty Movement advocates in jail need to hear from you (to keep informed and not feel forgotten) and receive your financial support. I'm not rich, and very little money other than my 15 cent;/hour paycheck comes in each month. I suspect the same can be said by the others. Don't forget those who have fallen, but rather help pick them up; so that they might prevail to continue the battle for justice, freedom, and liberty -- America -- yet another day.
Looking forward to your correspondence, prayers, and financial support, I remain a patriot. God bless you for helping and caring, and may He help us save our country.
Constitutionally yours,
Arthur Farnsworth
Matthew 25:34-46
