Time: Tue Nov 26 20:13:57 1996
Date: Tue, 26 Nov 1996 19:45:15 -0800
To: (Recipient list suppressed)
From: Paul Andrew Mitchell [address in tool bar]
Subject: ComLaw> U.S. v. Troescher: a WIN!!
Paul Mitchell forwards essential paragraphs
from USA [sic] v. Troescher, Ninth Circuit
Case Number 95-55609, filed November 7, 1996:
>FOR PUBLICATION
>
>UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT
>
>UNITED STATES OF AMERICA,
>
>Petitioner-Appellee,
>
>v.
>
>LOREN C. TROESCHER,
>
>Respondent-Appellant.
>
>No. 95-55609
>
>D.C. No. CV 93-5736 SVW
>
>OPINION
>
>Appeal from the United States District Court for the Central
>District of California
>
>Stephen V. Wilson, District Judge, Presiding
>
>Argued and Submitted August 7, 1996 -- Pasadena, California
>
>Filed November 7, 1996
>
>Before: Stephen Reinhardt, Cynthia Holcomb Hall, and Edward
>Leavy, Circuit Judges.
>
>Opinion by Judge Reinhardt
>
>OPINION
>
>REINHARDT, Circuit Judge:
>
>Loren C. Troescher appeals an order of the district court
>compelling him to appear before the Internal Revenue Service to answer
>questions and produce documents.*fn1 The IRS issued the summons after
>Troescher apparently failed to file income tax returns for several
>years. Troescher argues that the district court erred in rejecting his
>assertion of the Fifth Amendment's privilege against self-incrimination.
>We agree, and therefore vacate the order and remand to the district
>court for reconsideration in light of this opinion.*fn2
<body snipped>
>Accordingly, because we conclude -- in light of the law of this
>circuit, and in light of the government's confession of error on appeal
>-- that there is no "Tax-Crime Exception" to the Fifth Amendment, we
>vacate the order of the district court and remand for further
>proceedings so that it may dispose of the matter before it in accordance
>with the law that governs the invocation of the Fifth Amendment.
>
>VACATED and REMANDED
>
>***** BEGIN FOOTNOTE(S) HERE *****
<footnotes snipped>
Paul Mitchell comments:
There is no "tax-crime exception" to the
fifth amendment. This is as it should be,
because the Constitution gives no authority
to the federal government to make any
"exceptions" to the fifth amendment. The
Ninth Circuit now realizes that such a
"sweeping exception," to utilize its own
words, would be inconsistent with the
law in other circuits. At long last, the Ninth
Circuit is beginning to realize that its
tax decisions have been attracting critical
attention for being terrible, and obviously
irreconcilable with similar decisions from
the other Circuit Courts of Appeal. Here,
I must extend my compliments to this 3-judge
panel for ruling correctly in this case.
Let's hope this is the start of a new "trend"
at the Ninth Circuit: no exceptions to the
Bill of Rights, rendered the supreme Law of Our
Land by virtue of the Supremacy Clause in the
Constitution for the United States of America,
as lawfully amended.
Hoorah for our Team -- the People of the
United States of America and Citizens of
the several States of that Union.
/s/ Paul Mitchell
p.s. We will save our challenge to the legal
standing of the "United States of America"
("USA") to bring this petition in the first
instance. This challenge is already on the
table, in a related case now in limbo before
the Ninth Circuit. Paul Mitchell's pleadings
were stricken because he is not a licensed
bar member, and the Ninth Circuit denied a
Notice of Appeal filed on behalf of a pure
trust by Paul Mitchell as an officer of that
trust, for the same reason. More on this
case will be discussed at a later date.
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Paul Andrew Mitchell, B.A., M.S., email address: pmitch@primenet.com
ship to: c/o 2509 N. Campbell, #1776, Tucson, Arizona state [We win]
We can decode all your byte streams, spaghetti code notwithstanding.
Coming soon: "Manifesto for a Republic" by John E. Trumane ie JetMan
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