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The Next Shoe Just Dropped: Court Denies Attorney-Client Privilege
zero hedge ^ | 4/20/14 | Tyler Durden

Posted on 04/20/2014 12:03:46 AM PDT by Nachum

Submitted by Simon Black via Sovereign Man blog,

In the Land of the Free, people grow up hearing a lot of things about their freedom.

You're told that you live in the freest country on the planet. You're told that other nations 'hate you' for your freedom.

And you're told that you have the most open and fair justice system in the world.

This justice system is supposedly founded on bedrock principles-- things like a defendant being presumed innocent until proven guilty. The right to due process and an impartial hearing. The right to counsel and attorney-client privilege.

Yet each of these core pillars has been systematically dismantled over the years:

1. So that it can operate with impunity outside of the law, the federal government has set up its own secret FISA courts to rubber stamp NSA surveillance.

According to data obtained by the Electronic Privacy Information Center, of the nearly 34,000 surveillance requests made to FISA courts in the last 35-years, only ELEVEN have been rejected.

Unsurprising given that FISA courts only hear the case from the government's perspective. It is literally a one-sided argument in FISA courts. Hardly an impartial hearing, no?

2. The concept of 'innocent until proven guilty' may officially exist in courts, but administratively it was thrown out long ago.

These days there are hundreds of local, state, and federal agencies that can confiscate your assets, levy your bank account, and freeze you out of your life's savings. None of this requires a court order.

By the time a case goes to court, you have been deprived of the resources you need to defend yourself. You might technically be presumed innocent, but you have been treated and punished like a criminal from day one.

3. Attorney-Client privilege is a long-standing legal concept which ensures that communication between an attorney and his/her client is completely private.

In Upjohn vs. the United States, the Supreme Court itself upheld attorney-client privilege as necessary "to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law. . ."

It doesn't matter what you're accused of-- theft. treason. triple homicide. With very limited exceptions, an attorney cannot be compelled to testify against a client, nor can their communications be subpoenaed for evidence.

Yet in a United States Tax Court decision announced on Wednesday, the court dismissed attorney client privilege, stating that:

"When a person puts into issue his subjective intent in deciding how to comply with the law, he may forfeit the privilege afforded attorney-client communications."

In other words, if a person works with legal counsel within the confines of the tax code to legitimately minimize the amount of taxes owed, that communication is no longer protected by attorney-client privilege.

Furthermore, the ruling states that if the individuals do not submit attorney-client documentation as required, then the court would prohibit them from introducing any evidence to demonstrate their innocence.

Unbelievable.

While it's true that attorney-client privilege has long been assailed in numerous court cases (especially with regards to tax matters), this decision sets the most dangerous precedent yet.

With this ruling, government now has carte blanche to set aside long-standing legal protections and even deny a human being even the chance to defend himself.

Naturally, you won't hear a word about this in the mainstream media.

But it certainly begs the question, what's the point of even having a trial? Or a constitution?

When every right and protection you have can be disregarded in their sole discretion, one really has to wonder how anyone can call it a 'free country' any more. Average: 4.855265 Your rating: None Average: 4.9 (76 votes)


TOPICS: Constitution/Conservatism; Government; News/Current Events
KEYWORDS: attorneyclient; court; fisa; privilege; simonblack; sovereignman; tylerdurden; tylerdurdenmyass; zerohedge

1 posted on 04/20/2014 12:03:46 AM PDT by Nachum
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To: Nachum

Bump


2 posted on 04/20/2014 12:08:51 AM PDT by Jet Jaguar (Resist in place.)
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To: Nachum
This isn't anything new. People don't understand this, and really need to.

Tax court is not a court worthy of the name [except maybe the name Kangeroo.] There is no presumption of innocence in tax court. You must furnish evidence against yourself in tax court. You have no right to discover the evidence the government has against you in tax court. There is no case law in tax court, a decision made by the same tax court against the same defendant can be overturned for no reason more sufficient than "we're not allowing that anymore." No IRS employee can be cross examined in tax court. IRS employees gathering evidence against you can decline to identify themselves or even what office of the IRS they work for. And of course, the IRS can confiscate your property before they even reach a verdict.

Most of these outrages have been going on for more than 50 years.

Same old tyranny. Nothing new.

3 posted on 04/20/2014 12:11:28 AM PDT by FredZarguna (Das ist nicht nur nicht richtig, es ist nicht einmal falsch!)
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To: Nachum
   These days there are hundreds of local, state, and federal agencies that can confiscate your assets, levy your bank account, and freeze you out of your life's savings. None of this requires a court order.

  It's certainly not the land of the free here - too much of this sort of thing and the economic system descends into a black market with secret bartering, people removing money from banks, converting paper money into gold and burying it all somewhere... and that's no way to do business.
4 posted on 04/20/2014 12:29:07 AM PDT by Maurice Tift (Never wear anything that panics the cat. -- P.J. O'Rourke)
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To: Nachum

the enemies of the country are those running this coutry. when they pull sh1t like this they prove they are enemies.


5 posted on 04/20/2014 12:33:30 AM PDT by Secret Agent Man (Gone Galt; Not averse to Going Bronson.)
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To: Secret Agent Man

The overlords are the enemy. True that. Reid’s words resound upon himself. He is the terrorist seeking the destruction of the citizenry.


6 posted on 04/20/2014 12:38:52 AM PDT by Louis Foxwell (This is a wake up call. Join the Sultan Knish ping list.)
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To: FredZarguna
A crooked agency, the IRS, has its' own crooked court, tax court.

90% of the sheeple haven't a clue how it operates.

7 posted on 04/20/2014 12:56:20 AM PDT by The Cajun (tea party!!!, Sarah Palin, Mark Levin, Ted Cruz, Mike Lee, Louie Gohmert......Nuff said.)
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To: FredZarguna
Most of these outrages have been going on for more than 50 years. Same old tyranny. Nothing new.

Yup. This hasn't been a nation of laws for as long as I've been alive.

8 posted on 04/20/2014 1:51:29 AM PDT by zeugma (Don't cry because it's over, smile because it happened - Dr. Seuss (I'll see you again someday Hope))
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To: FredZarguna

Tax court is not a court worthy of the name [except maybe the name Kangeroo.] There is no presumption of innocence in tax court. You must furnish evidence against yourself in tax court. You have no right to discover the evidence the government has against you in tax court. There is no case law in tax court, a decision made by the same tax court against the same defendant can be overturned for no reason more sufficient than “we’re not allowing that anymore.” No IRS employee can be cross examined in tax court. IRS employees gathering evidence against you can decline to identify themselves or even what office of the IRS they work for. And of course, the IRS can confiscate your property before they even reach a verdict.


Pure tyranny.

How do we, the people fight back?


9 posted on 04/20/2014 2:06:23 AM PDT by Yaelle
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To: Yaelle

“How do we, the people fight back?”
_________________________________________
It is a very big problem when you are in the minority.
When Obumbo was Reelected, I knew that America was in deep trouble.
I can not imagine being back there now.


10 posted on 04/20/2014 3:01:52 AM PDT by AlexW
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To: Yaelle

“Pure tyranny. How do we, the people fight back?”....

We “un-elect” all of them (including the repub RINO’s) and start over.


11 posted on 04/20/2014 3:34:19 AM PDT by DaveA37
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To: Secret Agent Man

Tyranny plain and simple


12 posted on 04/20/2014 4:05:51 AM PDT by ronnie raygun
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To: FredZarguna

This is why anyone with any sense REFUSES to appear in tax court. Force them to file a case against you in Federal District Court: that is your right. Tax Court only has jurisdiction over you IF you allow it.


13 posted on 04/20/2014 4:07:05 AM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: Nachum

“But it certainly begs the question, what’s the point of even having a trial? Or a constitution?”

I guess Tyler Durden is just now figuring out that the
constitution is a dead letter and has been for quite a
while. It’s just that other presidents and their administrations
were a little better at hiding it from us. But now, with
Bush’s Roberts and the Obama himself, there is really no
reason to hide it anymore. America has been duped into
socialism and they think it’s legitimate acceptance.


14 posted on 04/20/2014 4:32:01 AM PDT by Slambat
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To: Yaelle

Certainly the election process will render a feeble response to the tyranny.


15 posted on 04/20/2014 4:32:24 AM PDT by deadrock (I am someone else.)
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To: Progov
“Pure tyranny. How do we, the people fight back?”....

We “un-elect” all of them (including the repub RINO’s) and start over.

Don't forget - there are 60 million traitors who voted in 2012 to keep this tyranny in place. They will have to be dealt with, too.

16 posted on 04/20/2014 5:10:10 AM PDT by Carl Vehse
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To: Carl Vehse
Don't forget - there are 60 million traitors who voted in 2012 to keep this tyranny in place. They will have to be dealt with, too.

I, too, remind of that very fact regularly...spot-on.

17 posted on 04/20/2014 5:45:36 AM PDT by logi_cal869
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To: FredZarguna
The imposition of an income tax IS the imposition of slavery (one man works but another man reaps the benefits).

It is no more possible to have a "just" income tax than to have a "just" rape.

18 posted on 04/20/2014 5:56:34 AM PDT by Aevery_Freeman (Historians will refer to this administration as "The Half-Black Plague.")
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To: clee1

How does a person do that?


19 posted on 04/20/2014 6:50:56 AM PDT by savedbygrace (But God!)
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To: Nachum

20 posted on 04/20/2014 7:32:25 AM PDT by B4Ranch (Name your illness, do a Google & YouTube search with "hydrogen peroxide". Do it and be surprised.)
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To: Progov

We can’t Unelect them all. There aren’t enough good candidates and the bad ones lie through media and fool the uninformed.


21 posted on 04/20/2014 11:47:15 AM PDT by Yaelle
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To: savedbygrace

Simple.

Most “tax court” cases begin in an audit. You are audited, the “agent” says you owe X amount for X reason. If you agree, you pay the amount due or you negotiate that amount down. This is done every day.

It is when you DON’T agree with the assessment, or you can’t negotiate a satisfactory settlement. THEN it becomes a “tax court” case.

All you have to do is say “I will not submit to the jurisdiction of the tax court. If you have a case, file it in Federal District court.” If they file against you in tax court anyway, one letter from an attorney (and you are a FOOL if you DON’T have an attorney by this point) and your case will be transferred to District Court.

This happened to my dad. The IRS said he owed $3K. My dad KNEW he didn’t. The IRS filed in tax court. His attorney sent the “challenge”. The case was immediately dropped.

The scariest thing to a goobermint bureaucrat is a citizen that a) knows his/her rights, and b) insists on them being observed and upheld.


22 posted on 04/20/2014 2:42:10 PM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: savedbygrace

BTW, I personally won’t even submit to an audit. They’ll have to file in Federal District Court to get me to even speak with and IRS employee.... and then it’ll be through my attorney.

Remember: NEVER speak to ANY law enforcement official. EVER. You can hang yourself with your own statements. THEY are the ones that must PROVE your wrongdoing. Don’t help them make a case against you.


23 posted on 04/20/2014 2:46:27 PM PDT by clee1 (We use 43 muscles to frown, 17 to smile, and 2 to pull a trigger. I'm lazy and I'm tired of smiling.)
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To: clee1

THANK YOU!


24 posted on 04/20/2014 3:05:17 PM PDT by savedbygrace (But God!)
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To: clee1

Sounds like good advice. Thank you.


25 posted on 04/20/2014 3:06:21 PM PDT by savedbygrace (But God!)
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