Saturday, December 25, 2004

Right To Petition Update

A favorably hostile Court? possible? Seems like it in this case.

WTP has posted a press release concerning the movement as it stands now. The Petition is moving right along as planned, all while the FedGov is trying to quash it. But on another front, Bob Schulz filed a motion to quash an IRS Summons in the US District Court. The USDC issued its decision, holding that the court was prevented by law from quashing an IRS Summons. (What the?)

Schulz appealed to the US Court of Appeals, 2nd District, and the oral arguments were on the 13th Dec. Audio is available from a link provided in the release If you care to listen to it you can hear the Dept. Of Justice's Senior Counsel, Robert Storch, get rebuffed a bit by the Judges. Storch was unable to answer the questions of the Court and said that the Summons, legally, meant nothing, was legally unenforcable and therefore Schulz was under no legal obligation to respond to it. (In an attempt to get the court to say it has no jurisdiction) Storch was required to file a brief by the end of Dec 23rd explaining the FedGov's position on these issues.

We shall see soon enough what the brief says. It is nice to see a Court doing its rightful job, and being the balance to the Executive and Legislative branches.