The Brown appellate case

[Demosthenes]

6/29/07 Notice of Default and Intent to Dismiss Issued. Unless this court is provided with notice of paying the filing fee to the Clerk of the District Court or filing a motion seeking in forma pauperis status in the District Court in accordance with Fed. R. App. P. 24 on or before fourteen days of the date of this notice this appeal will be dismissed for lack of prosecution. Fee due 7/13/07. (dona) [07-1724]

[The Observer]

/yawn

[Joey Smith]

After the 13th, I expect (read: demand) the Marshals to act immediately.

[Demosthenes]

U.S. District Court
District of New Hampshire (Concord)
CIVIL DOCKET FOR CASE #: 1:07-cv-00197-SM

Ambort v. USA
Assigned to: Chief Judge Steven J. McAuliffe
Related Cases: 1:06-cr-00071-SM-1
1:06-cr-00071-SM-2
Cause: 28:2241 Petition for Writ of Habeas Corpus (federal)
Date Filed: 07/02/2007
Date Terminated: 07/05/2007
Jury Demand: None
Nature of Suit: 530 Habeas Corpus (General)
Jurisdiction: Federal Question

Petitioner
Ernest Glenn Ambort
Petitioner and next friend of Elaine A. Brown and Edward Lewis Brown
other
Edward Lewis Brown
other
Elaine A. Brown

represented by Ernest Glenn Ambort
#06917-081
PETERSBURG LOW
FEDERAL CORRECTIONAL INSTITUTION
Inmate Mail/Parcels
P.O. BOX 1000
PETERSBURG, VA 23804
PRO SE

V.

Respondent
USA


Date Filed # Docket Text
07/02/2007 1 Petition for Writ of Habeas Corpus under 28 USC 2241. Notice of Filing to US Attorney with copy of the motion. ( Filing fee $ 5 receipt number 030533)filed by Ernest Glenn Ambort. (Attachments:, # 1 Notice of Filing to US Attorney)(jeb) (Entered: 07/02/2007)

07/03/2007 ENDORSED ORDER dismissing 1 Petition for Writ of Habeas Corpus - 2241. Text of Order: Petition is dismissed as the petition does not disclose any basis upon which petitioner is authorized to act on behalf of the criminal defendants named, and the petition is frivolous on its face. Signed by Judge Steven J. McAuliffe. (jab) (Entered: 07/03/2007)

07/05/2007 2 JUDGMENT is hereby entered in accordance with the Order of Chief Judge Steven J. McAuliffe dated July 3, 2007. Signed by Clerk James R. Starr. (Case Closed) (jab) (Entered: 07/05/2007)

http://www.cheatingfrenzy.com/ambort1.pdf

[LPC]

Petitioner
Ernest Glenn Ambort
Petitioner and next friend of Elaine A. Brown and Edward Lewis Brown
other
Edward Lewis Brown
other
Elaine A. Brown

represented by Ernest Glenn Ambort
#06917-081
PETERSBURG LOW
FEDERAL CORRECTIONAL INSTITUTION

Someone *IN* federal custody tried to file a petition for habeas corpus for someone *NOT* in federal custody?

I'm impressed by his imagination (and lack of perspective).

(Mr. Ambort seems to have some time on his hands, because he's not scheduled to be released until 2011.)

[Demosthenes]

FOR IMMEDIATE RELEASE
WEDNESDAY, OCTOBER 1, 2003
http://WWW.USDOJ.GOV
TAX
(202) 514-2008
TDD (202) 514-1888

FIVE INDIVIDUALS SENTENCED FOR NATIONWIDE TAX SCAM

Defendants Promoted Fraudulent Scheme That Citizens Were Not Subject To Income Taxes

WASHINGTON, D.C. – The Justice Department announced today that five individuals were sentenced in the U.S. District Court for the District of Utah for their participation in a fraudulent scheme to obtain refund checks from the Internal Revenue Service.

A jury in Salt Lake City convicted four of the defendants sentenced today in May 2003 on charges of conspiracy and filing false tax returns. The fifth defendant, Merrill Hansen, pled guilty to a false-return count shortly after a grand jury returned the indictment in 1998.

Chief Judge Dee V. Benson sentenced the individuals to various prison terms for their participation in this illegal tax scheme. The four who went to trial last May received the stiffest sentences. Earnest Glenn Ambort, the chief ADL promoter, was sentenced to nine years in prison. John W. Benson received a sentence of six years in prison. Local promoter William J. Lewis, who was convicted of false?return counts only, received a sentence of thirty?three months in prison. Nona S. Egbert was sentenced to twenty?one months in prison. Additionally, each defendant was ordered to pay the costs of their prosecution, which totaled $7,546.70. Hansen, who had entered into a plea agreement, received a sentence of twelve months and one day in prison.

“Tax fraud victimizes all Americans,” said Eileen J. O’Connor, Assistant Attorney General for the Justice Department’s Tax Division. “The Department of Justice is working with the Internal Revenue Service to ensure that promoters of schemes to defraud the federal government will be caught, prosecuted, and sentenced to serve time in prison.”

According to court records, each of the five defendants was a principal in a group calling itself Association de Libertas. In 1992, the group held seminars in Utah, as well as in other states nationwide, espousing that white U.S. citizens were really non-resident aliens under the income tax code and were not subject to income tax. In Utah, the group caused hundreds of seminar attendees to file millions of dollars in false tax refund claims with the Internal Revenue Service. Participants in the scheme used non-resident alien income tax returns and a format supplied by Association de Libertas in making the claims, which they mailed to the IRS Service Center in Philadelphia, Pennsylvania.

“Nobody likes paying taxes, but the vast majority of taxpayers recognize that their hard earned dollars are used in such ways as insuring our national defense and security,” said Byram Tichenor, Special Agent-in-Charge of IRS Criminal Investigation in Utah. “Taxes are the price we pay to live in a civilized society, and we will continue to vigorously pursue promoters of abusive tax avoidance schemes throughout Utah to insure that honest citizens are not footing the bill for someone else’s tax liability.”

Special agents with the IRS Criminal Investigation in Salt Lake City investigated this matter. Trial attorneys Brian Bailey and Brett Sagel, of the Justice Department’s Tax Division, prosecuted this case.

Anyone who has information about suspected tax fraud should report it to the Internal Revenue Service tip line at 1-800-829-0433.

[LPC]

Earnest Glenn Ambort, the chief ADL promoter, was sentenced to nine years in prison.

Well you see, once again, that's not fair. Now that Cryer is free, shouldn't Abort go free also?

I mean, fair is fair.

[webhick]

Earnest Glenn Ambort, the chief ADL promoter, was sentenced to nine years in prison.

Well you see, once again, that's not fair. Now that Cryer is free, shouldn't Abort go free also?

I mean, fair is fair.

Hehehe...sometimes I love typos.

[Judge Roy Bean]

Am I the only one that sees Utah as some kind of cyclonic cesspool of this kind of thing? Between marketing scams, polygammy, credit fixers, collections violations, tribal rule nut cases and now this, one has to wonder if the state ought to be put up for the first forced expulsion from the Union.

However, I guess Van Pelt's proximity thereto should also be taken into consideration.

[Paul]

Hehehe...sometimes I love typos.

There was a post on an Illinois political junkies' blog expressing pride in the governor (who is under federal investigation for corruption, but who isn't these days?) for "standing up for his principals."

[grixit]

Ok, what is a "next friend"?

[webhick]

Ok, what is a "next friend"?

From Wiki

is the phrase used for a person who represents in an action another person who is under disability or otherwise unable to maintain a suit on their own behalf as a result of their circumstances, who does not have a legal guardian.

[grixit]

Ok, seems to me that that's not something you can unilaterally claim.

[webhick]

Ok, seems to me that that's not something you can unilaterally claim.

It is if you really, really, really, really, really, really, really, really, really, really, really, really, really, really, really, really believe it.

What I like is that he basically called E&E disabled (since they are perfectly capable of retaining council on their own behalf). Is Ed's particular brand of crazy a disability?

[wserra]

Ok, seems to me that that's not something you can unilaterally claim.

IPOF, you can, and that's the whole idea of the "next friend" doctrine. (The particular court must eventually agree, of course, but you can claim it unilaterally to begin.) The two requirements: the real party is for some reason unable to represent his/her own interests (incompetence, incarceration - the Gitmo litigation has been done on a "next friend" basis - etc.) and the proposed next friend truly have the party's interests at heart. Whitmore v. Arkansas, 495 U.S. 149 (1990). Needless to say, these bozos are readily available to pursue their own interests, they're just too drunk on Kool-aid.

Oh, and one other "next friend" SCOTUS opinion I can't resist citing, not because it says anything more relevant than Whitmore but because the caption is so cool: Demosthenes v. Baal, 495 U.S. 731 (1990).

Go get 'em, Demo! Who's next, Gozer?

[The Observer]

Oh, and one other "next friend" SCOTUS opinion I can't resist citing, not because it says anything more relevant than Whitmore but because the caption is so cool: Demosthenes v. Baal, 495 U.S. 731 (1990).

Go get 'em, Demo! Who's next, Gozer?

If Van Pelt could sue Jesus Christ and the Sanhedrin, it makes perfect sense for Demo to sue a Phoenician deity.

[webhick]

Baal = Hottest Goa'uld EVER.

[Demosthenes]

Brown decides property taxes are not worth paying
By KRISTEN SENZ
Union Leader Correspondent
20 hours, 17 minutes ago


PLAINFIELD – In addition to the federal income tax, Ed Brown has decided to stop paying property taxes to the town of Plainfield.

Brown, who was convicted in January of felony tax evasion for refusing to pay federal income tax since 1996, has until now stayed current on his town and school taxes.

"They don't provide me any services, I'm not going to contribute to them anymore," Brown said at his home yesterday. "It's over." That argument differs from his views on the federal income tax, which he says is unlawful. "We will pay right now," he said of the couple's unpaid income taxes. "Show me the law, and I'll write you a check right now."

Brown and his wife, Dr. Elaine Brown, sequestered themselves inside their hilltop home on Center of Town Road after a federal judge refused to let them argue the legality of the federal income tax during their trial.

Plainfield police Chief Gordon Gillens said the town would not provide emergency services at the Browns' house, if an emergency were to occur during a concert there today.

"We're not sending any ambulances or fire department in there; it's not a safe situation," he said. "If they can bring the victim out to the road, we will tend to them." Ed Brown said trained emergency medical technicians would be on hand for the concert. "We don't need anything from them," he said.

Last month, Plainfield selectmen asked the U.S. Marshal's Office to take "definitive action" to end the impasse with the Browns, who are considered fugitives of justice and have outstanding warrants for their arrest. Government officials have said they do not want a confrontation and will wait the Browns out.

The only service the town of Plainfield now provides at the Brown residence is trash pick-up, Brown said, and he doesn't need that anyway.

"If they want to stop that, too, I don't care," he said. "I'll throw it back there, make my own dump."

Gillens said his main concern regarding today's concert at the Browns' house would be ensuring the safety of Brown's neighbors and other Plainfield residents. He said police would conduct extra patrols near the house to make sure town roads aren't blocked.

"It's a very narrow dirt road and it's a dead-end," Gillens said in a telephone interview. "There's one way in and one way out, and we owe it to the residents to make sure they can get to their property." About an hour after that interview, Gillens was seen installing a device that counts traffic and monitors vehicle speed at the base of Center of Town Road. He said later that the device, which is jointly owned by the municipalities in Sullivan County, was put in that location partly because of the concert at the Brown residence.

Brown said the town has a duty to protect all Plainfield residents, including him. Jack Blood, a Texas talk radio personality in town to host today's concert, agreed.

"They're talking about protecting the majority of the people," he said.

"They're supposed to be protecting all the people." The Browns did not apply for a permit for the concert, which the town requires for gatherings of more than 200 people. Plainfield Town Administrator Steve Halleran said based on previous events held at the house, he doesn't anticipate a crowd that large. If more than 200 people show up, the town could impose a fine on the Browns.

"I think we're just going to see how it develops," Halleran said.

[Demosthenes]

Take a closer look at Ron Paul’s heroes


Published: Saturday, Jul. 14, 2007

KEY POINTS
BACKGROUND: U.S. Rep. Ron Paul, a presidential candidate, won the the straw poll conducted at the New Hampshire Taxpayers’ annual picnic, but that’s hardly surprising.

CONCLUSION: Paul’s characterization of Ed and Elaine Brown, the armed tax evaders holed up in Plainfield, as heroic deserves the attention of New Hampshire voters.


We note that Texas Congressman Ron Paul won a New Hampshire presidential straw poll the other day, picking up 65 percent of the vote at the Coalition of New Hampshire Taxpayers’ ninth annual Taxpayer Reunion Picnic.

The honor was hotly contested, as right-wing Republican candidates John Cox, Mike Huckabee, Daniel Gilbert and Robert Haines attended the event. Duncan Hunter made a speech by phone, and several of the better known Republican campaigns sent representatives. Paul sent his son. And Paul took home the prize. That was hardly a surprise given the venue.

Ron Paul has drawn quite a bit of attention and raised a considerable amount of money during the Republican primary contest, thanks to his feisty debating style on television. But the congressman’s positions on law enforcement and tax evasion are probably less well known than his opposition to the war in Iraq.

The candidate is a vocal opponent of the Internal Revenue Service and, as a congressman, votes against almost all government appropriation bills.

Perhaps of more interest to New Hampshire, he is a firm backer of Ed and Elaine Brown, the well-armed tax evaders who have been facing down federal marshals from their home in Plainfield for the past several months. The Browns have been sentenced in federal court to 63 months in prison for failing to pay more than a million dollars in taxes. They claim no federal law requires citizens to pay income taxes. The court disagrees.

The Browns welcomed a visiting veteran of the 1992 Ruby Ridge shoot-out a few weeks ago, and they say they will resist law enforcement agents who try to take them to prison. “If they come in, we’re dead,” said Elaine Brown a month or so ago at a press conference. “That’s it. We will not be arrested. We will not volunteer to go into their prison for a non-crime. We have committed no crime.”

Judging from pictures taken that day, they appear to be prepared for a fight. Ed Brown had a pistol under his belt at the small of his back.

Paul, the presidential hopeful, says the Browns are “her­oic” and “the true patriots.” In an online interview the other day, he said: “What they’re doing is they’re standing up for the law.” That is what he said. He went on to liken the couple to Mahatma Gandhi and Martin Luther King Jr. King also “fought laws that were unfair and unjust,” Paul explained.

Well, that’s true enough. But we don’t recall King or Gandhi packing iron. And the key element of King’s nonviolent resistance movement was that he was always prepared to pay the consequences when he broke laws that he believed to be unjust, counting on his fellow citizens’ consciences to back simple justice. Indeed, one of his most celebrated essays is “Letter from Birmingham Jail.”

The situation in Plainfield has become increasingly dangerous. The Browns’ refusal to pay their taxes (and their vow to fight to the death for the privilege) has become a cause célèbre for anti-tax activists and right-wing militia members around the country. Now these folks have their very own presidential candidate.

Ron Paul is entitled to his views, however incendiary. But he really ought to leave Martin Luther King out of it. Let’s hope New Hampshire Republican primary voters are paying attention.

– The Keene Sentinel

[grixit]

Baal = Hottest Goa'uld EVER.

They really should have sent him over to Doctor Who. He would be perfect for the Master.