Pete's criminal trial (continued)

[wserra]

Entitled, no; he chose his first lawyer. Likely to get, yes.

[Dezcad]

The hearing on PH's Motion to Dismiss has been rescheduled from 3/19/09 to 5/14/09.

03/16/2009 26 AMENDED NOTICE of hearing on 18 MOTION to Dismiss Indictment as to *Peter Hendrickson*. Motion Hearing set for 5/14/2009 03:00 PM before District Judge Gerald E Rosen (LSau) (Entered: 03/16/2009)

[Famspear]

Some of Hendrickson's devoted followers still are not aware that the hearing originally scheduled for today was postponed a few days ago:

http://www.losthorizons.com/phpBB/viewt ... 4695#14695

[Famspear]

At losthorizons, in response to the news about Pete's new attorney and the delay in the hearing originally scheduled for this week, user "TruthBearer" writes:

What new attorney? Was the first attorney replaced, or did she need some bolstering or expertise that she didn't have? What happened to the motion for dismissal? What's scheduled to occur on May 14th at 3 p.m? Is there some subterranean niche someplace where this general information about Pete's case is available to us regular everyday warriors?

http://www.losthorizons.com/phpBB/viewt ... 4720#14720

(emphasis added).

[LPC]

Yes, the denizens of Lasthorizons are shocked (shocked!) that Hendrickson is not providing them them with complete and accurate information.

Sigh. So many bridges to sell, and so many customers, but so little time.

[ASITStands]

And, still no docket on certiorari. It's been a week, I think.

If it's docketed on Monday, 23rd, and the font is wrong, there will be no waiver by respondent until June, and denial will not come before mid or late July.

Pete will probably say nothing in his newsletter about having 'screwed up.'

EDIT: And, with a hearing in May, trial will not come until late June or after.

[Nikki]

There should be some interesting talk at LoserHeads soon

Page 25 et seq
4. Contention: The only “employees” subject to federal income tax are employees of the federal government.
Some argue that the federal government can tax only employees of the federal government; therefore, employees in the private sector are immune from federal income tax liability.
This argument is based on a misinterpretation of section 3401, which imposes responsibilities to withhold tax from “wages.”
That section establishes the general rule that “wages” include all remuneration for services performed by an employee for his employer.
Section 3401(c) goes on to state that the term “employee” includes “an officer, employee, or elected official of the United States, a State, or any political subdivision thereof . . . .”

...

In May 2007, a federal court in Michigan permanently barred Peter and Doreen Hendrickson from filing tax returns and forms on which they falsely report their income as zero.
The injunction order also requires the couple to repay more than $20,000 in federal income, Social Security, and Medicare taxes that they had obtained by filing false tax returns with the IRS.
The order notes that the couple based their improper conduct on a book Peter Hendrickson wrote called “Cracking the Code.”
The book states that federal tax withholding and income taxes on wages are applicable only for a limited class of people, primarily government employees.
In November 2008, a federal court in Michigan arraigned Hendrickson on an indictment charging him with submitting false documents to the IRS.
The 10-count indictment charges that Hendrickson filed IRS Forms 1040 and/or IRS Forms 4852 stating that he had received no wages for those years.

The full document is available at http://www.irs.gov/pub/irs-utl/friv_tax.pdf

[cynicalflyer]

And, still no docket on certiorari. It's been a week, I think.
If it's docketed on Monday, 23rd, and the font is wrong, there will be no waiver by respondent until June, and denial will not come before mid or late July.

Other than death penalty cases, they do not issue orders in the summer/past June 30 or so. If you get it in "too late" you wait until October.

The U.S. will have 30 days to waiver from whenever this thing does finally get docketed.

According to the case distribution schedule

http://www.supremecourtus.gov/casedistr ... le2008.pdf

The LAST conference for the October 2008 Term (i.e. this "year" for the court) is June 25.
The cases to be considered at that conference will be distributed to the justices on June 9.
To be distributed on June 9, the waiver will have to have been filed by June 8.
June 8 - 30 days is Saturday May 9. But because nothing but maybe death penalty cases can be docketed on a Saturday, Pete theoretically has until Friday May 8 to get this docketed in time to get rejected before the court takes summer recess.

In reality, though, he has even less time. According to Pete's scree, denial of rehearing by the Sixth Circuit was 12/16/2008. 90 days from that is 3/16/2009, meaning he had until Monday to file his petition. Now, because he screwed up the type font and is currently not docketed, my bet is the clerk's office gave him 10 days additional to get into compliance or get lost. May (oops I mean March) 26 still leaves time (barely) not only for Pete's petition to be denied, but possibly enough time to get his inevitable jibberish motion for rehearing denied as well before the summer recess.

Pete will probably say nothing in his newsletter about having 'screwed up.'

My bet: he will mention this delay, but will make it appear the bad old clerk's office tried to prohibit him from filing (modicum of truth there, Pete's not following the courts' rules) as part of the conspiracy against him, Pete "made" them take his petition anyway.

[ASITStands]

... my bet is the clerk's office gave him 10 days additional to get into compliance or get lost.

Good analysis of the time frames. However, the clerk will likely give him 60 days.

Rule 14.5, pg. 13 [17]

[cynicalflyer]

... my bet is the clerk's office gave him 10 days additional to get into compliance or get lost.

Good analysis of the time frames. However, the clerk will likely give him 60 days.

Rule 14.5, pg. 13 [17]

If
1) the deficiency got caught Monday (March 16) and
2) Suter's office gave Pete the full 60 days in a letter dated March 16 and
3) Pete takes all 60

Last to file corrected petition: Friday 5/15/09
Last for U.S. to waiver: Sunday 6/14/09 (really Monday 6/15/09)

If that is the case, the justices may not get the petition until September or October (last to file waiver is June 8 for the June 9 circulation).

But as I noted, the real threshold date is going to be May 8, the last day (assuming U.S. takes all 30 days to waive on responding to petition) to get the corrected petition in and get a denial before recess. That is plenty of time to get this whole mess sorted and to the justices for a late June denial of cert.

The two questions now are:

1) Does Pete drag his feet and stall out his corrected petition until it is too late, thereby buying his denial of cert until September/October? Denial just before his trial allows him to play the martyr to the Lostheads.

2) Maybe I am giving him too much credit, but he knows what the rules are regarding type font and the like; he obeyed them with his petition on the civil suit.

http://origin.www.supremecourtus.gov/docket/07-624.htm

What if he did this font thing ON PURPOSE to stall his cert denial until post-trial? Denial after the trial gives him and his attorney the chance to argue during the trial "currently being considered by the U.S. Supreme Court" or "under review", etc.

[ASITStands]

2) Maybe I am giving him too much credit, but he knows what the rules are regarding type font and the like; he obeyed them with his petition on the civil suit.

http://origin.www.supremecourtus.gov/docket/07-624.htm

What if he did this font thing ON PURPOSE to stall his cert denial until post-trial? Denial after the trial gives him and his attorney the chance to argue during the trial "currently being considered by the U.S. Supreme Court" or "under review", etc.

Actually, the font rule changed in October, 2008.

Updated – 10/23/08

Again, I base this on dockets for certiorari that posted in October, 2008.

In several of those instances, it took 90 days before Respondent waived its response.

EDIT: I placed the trial sometime AFTER late July, but it's more likely to be September. Your suggestion Hendrickson might play the certiorari against the criminal trial is interesting.

Won't help him in the trial but might help him retain his followers.

[cynicalflyer]

Actually, the font rule changed in October, 2008.

Thanks. Been a long, long time since I had to check S.C. rules, so I missed a step or two I see.

In several of those instances, it took 90 days before Respondent waived its response.

But it is still 30 days to respond or waive under 15.3 and 15.5 unless extended, yes?

15.3 "Any brief in opposition shall be filed within 30 days after the case is placed on the docket, unless the time is extended by the Court or a Justice, or by the Clerk under Rule 30.4..."

15.5 "The Clerk will distribute the petition to the Court for its consideration upon receiving an express waiver of the right to file a brief in opposition, or, if no waiver or brief in opposition is filed, upon the expiration of the time allowed for filing."

[ASITStands]

What I meant by the 90 days ....

The docket shows the original filing date. After the Clerk gives Petitioner 60 days to cure the defect, it's another 30 days for Respondent to waive, which puts it out about 90 days.

[mutter]

from PHes news letter;

"As I said, pay careful attention to these misrepresentations. When you encounter ANYONE repeating DOJ/IRS spin about "Hendrickson" or "CtC" "losing" in court, set them straight in no uncertain terms. The DOJ and IRS are the ones who have lost this case-- at this point they're just hoping that too many people don't actually read the record and discover that fact.

At this point the bad guys are just hoping that they make it through each month without their house of cards collapsing completely. They are hoping desperately that someone at, for instance, LewRockwell.com doesn't actually bypass the official and unofficial sources of disinformation, read the record, study this site, study CtC, and start talking. Or someone else with a pulpit in front of a big activist audience, like Glenn Greenwald, or Alex Jones, or the folks at FFF, or Ron Paul.

When one or more of these folks go to the trouble of getting educated (which is to say, when someone reading these words goes to the trouble of taking these folks by the lapels and making them go to the trouble), the spread of the truth about the tax will go exponential, and that'll be that. The bad guys know this, so they cross their fingers, and deploy their sleazy lies, and hope they don't get called on them." end delusional quote

[webhick]

Hey, Darth, can you say "projecting?"

[Famspear]

Hey, Darth, can you say "projecting?"

Yeah, one of the interesting things about people with Narcissistic Personality Disorder (NPD) is the way, as part of the delusion, they try to attribute their own feelings to someone else -- as a defense mechanism. This delusion -- and denial -- and projection -- can continue until reality just becomes too much for them (like, for example, if Hendrickson is carted off to prison again). For real NPD sufferers, of course, even prison does not necessarily cure the condition.

[LPC]

The DOJ and IRS are the ones who have lost this case-- at this point they're just hoping that too many people don't actually read the record and discover that fact.

(Emphasis in original.)

This is another one of those times when I wish I could present just one simple question to Hendrickson's cult followers:

If (as Hendrickson claims) the DOJ and IRS are the ones who have lost this case, why is Hendrickson the one who is appealing to the Supreme Court?

[webhick]

If (as Hendrickson claims) the DOJ and IRS are the ones who have lost this case, why is Hendrickson the one who is appealing to the Supreme Court?

Shhh. You'll ruin the end of the movie.

[gottago]

As an aside in this saga, I have wondered about how exactly during this time Pete is supporting his family. Does he have any source of income? Can't imagine that selling his book puts food on the table and pays the bills.

Don't have any idea about the state of Michigan but here in Texas indigent families are eligible for AFDC (food stamps), Medicaid (free insurance for children), rent assistance and other handouts. I think it would be interesting to find out how exactly Pete and his wife are supporting themselves and their kids. Surely they are not relying on the evil government to take care of them

[Famspear]

As an aside in this saga, I have wondered about how exactly during this time Pete is supporting his family. Does he have any source of income? Can't imagine that selling his book puts food on the table and pays the bills.

He doesn't need monetary income in the traditional sense. He thrives on the love and admiration of his adoring followers.

Not sure about his family, though.

Hi gottago, where ya been?