This relates to an action to enforce an IRS summons against James Bruce Thornberry. See United States v. Thornberry, case no. 8:08-mc-00085-EAK-TBM, U.S. District Court for the Middle District of Florida (Tampa).
On October 20, the Court issued an order enforcing the IRS summons.
Bob Hurt, in his lawman page, has posted this email from Thornberry:
(bolding added).Date: Sat, Oct 25, 2008 at 8:01 AM
Subject: bruce in tampa...USDC & CID issue for group...matter is urgent
Bob
wondering if you could pass along my musings to the group to possibly draw upon any experience, first-hand or otherwise.
IRS/CID has been after me since March for my fingerprints, writing and photograph so that they could prove that i'm the signatory for certain documents sent to local Tampa agents as payment for past supposed tax debt. while each of you may have your own opinions about the Kennedy prom notes, etc., the fact should still remain that i did a new novation with the agents, paid with PNs and defaulted them twice. in the world of contracting, i am now the creditor and them the debtors. but as most of you know, with the IRS, contract law, or any law for that matter, is not an obstacle. the whole point of me fighting this is that CID has initiated a criminal investigation for use of fraudulent instruments and IF and WHEN they get my fingerprints on record, probably an arrest would not be far behind.
so let me mention briefly the recent court background (you can pull the docket up at Pacer: USA v Thornberry, case # 8:08-mc-00085-EAK-TBM)
(Thornberry, James Bruce).
they used the USDC here in Tampa to Show Cause for me to comply with the summons 2039 (the illegal BATF summons that is no longer assigned to the IRS). my case has essentially been to point out the unlawful use of summons 2039, used a counterclaim to show their many, many unlawful actions, and ending with the 2005, We The People, Shulz case (among many cites) to show that the Supremes did in fact rule in Shulz that the 2039 had no valid, lawful import and could be ignored.
the problem is...how do i lawfully ignore it for now until appeal without getting arrested and them "take" my fingerprints at that time???
first the magistrate ruled in USA favor, i filed an objection to the judge and then she ruled in her Order in favor of USA (although i feel that the judge may have never actually seen the matter and that her lackey assts actually did the Order because it was the weakest dribble you've ever seen, completely ignoring factual Memorandum of Law, ignoring ALL unrebutted, agreed and stipulated to many, many unlawful actions not the least of which was the unlawful summons 2039.
so as i read the FRAP (Fed Rules of Appellate Procedure), that's where my disillusionment grew even larger.
it clearly states that i have 30 days to file a Notice of Appeal, and maybe 60 days IF the USA is a party.
but let me continue please...
i have been contacted by the CID agent to conform with the Order this week.
IF i do that willingly, that's not good.
IF i don't go to CID, it appears from everything that i've read in FRAP, that even though i can Notice Appeal, then Appeal, the only possible protection from complying with the Order now is to get to the Appeal stage before Friday, then file a Motion to Stay and then there is still no guarantee that i would not be arrested via arrest warrant via DOJ via USDC for not complying with Court's Order.
i've said all this to ask, does anyone really know what, if any, protections that i might have for not complying with the Court's Order until after the 11th Appeals has heard my appeal?
if i'm arrested for not complying, then they've got my fingerprints, etc., anyway. I COULD WIN on appeal at a later time and still lose because they've got a Court Order NOW upholding an Unlawful summons 2039.
ideally, i would like to take the 30-60 days before filing a Notice of Appeal, then take my 30 days to file an Appeal to stretch out the timeframe to get many other matters in my life worked on, etc. before an Appeal's Court ruling.
while i would like to believe that i would have the right to "DUE PROCESS", namely, not complying with any Order during the 30-60 days following when an appeal is allowed by FRAP, it just doesn't appear from reading FRAP II, Rule 3 and Rule 4, Right of Appeal When Taken, that these rules PROVIDE ANY PROTECTION FROM HAVING TO COMPLY WITH THE COURT'S ORDER FOR THE SUMMONS 2039.
thanks in advance to anyone that takes the interest in reading and providing feedback. my personal contact info is below.
regards,
*God** Bless America!*
* J. Bruce Thornberry
without prejudice
[personal contact information not reproduced]
Gee, I wonder why Thornberry is worried about the government having his fingerprints. After all, he's innocent, right?