NOTE: The views expressed in this article do not necessarily represent the Michigan Tenth Amendment Center.
As tyranny descends upon America, more and more ordinary Americans are being put through the meat grinder by our illegitimate terrorist federal government. Doreen Hendrickson is one of the people whose rights are getting trampled on as our society falls into chaos and destruction. Her story is told in the book The Motor City Witchcraft Trials by libertarian activist and proud truth-teller Brian Wright. I was fortunate enough to be able to interview him recently.
What is your book about?
Brian Wright: Witchcraft is about the federal trial and conviction of Doreen Hendrickson for criminal contempt refusing to perjure herself on a 1040 by declaring earnings that she does not believe to be income–and are not technically income by law–are income. She was ordered by a judge to fill out the 1040 by inserting the amount of those earnings on the line for income, and she refused. My book is a diary or journal of the trial in late July 2014, in Detroit. Doreen is the wife of Pete Hendrickson, who is the author of Cracking the Code: The fascinating truth about taxation in America.
Briefly, what is Cracking the Code all about?
BW: Cracking the Code makes the case that the federal income tax is and always has been an indirect excise tax, never a direct tax–which would violate Article 1, Section 9 prohibiting direct taxes except for apportionment among the states. The direct tax was always thought of since Adam Smith’s time as an abhorrent revenue source, only to be used in emergency like times of war. Furthermore, if you read the code and regulations, the terms income, employment, employer, taxpayer and so on refer solely to the exercise of a federal privilege, to which an excise may properly apply.
Thus, as written the income tax applies solely to federal workers, officials, recipients of federal property and funds, and so on. And that’s the way the tax was applied until WWII when people not federally privileged voluntarily submitted to being considered subject to the tax. By habit, the practice continued, and nobody in the burgeoning wealth extraction business bothered to enlighten anyone about the truth. Using CtC, tens of thousands of persons have had returned roughly $2 billion since 2003 by filing educated returns. Using the 1040 as a correction form to any information reports to list zero income when their earnings are not federally derived.
So essentially, it’s a way to nullify the IRS in a sense?
BW: Yes, though I see filing CtC more as a form of boycott. Simply refusing to voluntarily send payments to the government for which one is not legally liable. There is no statute preventing you from declaring your nonprivileged earnings as income and voluntarily sending in payment as if you were a taxpayer.
What was so heinous about Doreen Hendrickson’s court case?
BW: Complete and arbitrary suspension of any legal or constitutional activity. The court behaved as a literal goon squad, in fact explicitly defying the most rudimentary principles of justice. The court demanded that Doreen commit a felony crime, which is clearly unlawful, then instructed the jury that reference to the unlawfulness of the command was not to be considered. Basically, the court said Doreen is guilty because we say she is guilty.
Isn’t that against the 5th Amendment?
BW: Yes, and the 1st. You have no freedom of speech if you are commanded to assert something you don’t believe under threat of punishment.
This sounds like the show trial of a Communist dictatorship. Has the land of the free really descended to that level?
BW: Yes, we’ve descended that low. Blind obedience to authority reigns from the first day in the government schools to registration for the draft to any number of other rules that people follow without question. Corporate War TV also turns many people into zombies and automatons. The mainstream media is totally bought off at all levels; controlling the media was the first step in creating tyranny in my opinion.
How come juries and judges are so complicit in railroading honest people?
BW: The prosecution usually can filter out the 5 percent who still think for themselves and will stand up to judicial tyranny via jury nullification. Judges don’t get too far by remembering what the law is and who it’s for. The current lot of judges at all levels has deteriorated 99% into yes men to whatever mobster, especially federal with DHS and the national security state apparatus, tells them to dance.
What do you think the impact this will mean on freedom and the Constitutional rule of law if Doreen Hendrickson is punished for this non-crime?
BW: There aren’t any sentencing guidelines for her case, a criminal contempt conviction at a federal tax case. There have been two re-schedulings of her sentence, which to me suggests that the judge Victoria Roberts and her insiders at Justice are worried about the PR one way or the other. I don’t think they know what to do. The fact is that the most fundamental principle of human justice has been violated by her court under her instructions: that a citizen may be subjected to prison for refusing to commit a felony crime under orders of a judge. Even today, I believe the federalistas are concerned that they went too far and some judge on appeal will notice that and perhaps even subject them to trial for heinous crimes against conscience and the Constitution.
What are your alternatives for fighting back against this?
BW: Fully Empowered Grand Juries are key. It has to be done through the existing internal structure with judge cooperation or it won’t happen. We have to hope for a few good judges. Former California Judge Jim Gray 2012 Vice Presidential candidate for the Libertarian Party is a hopeful sign. I believe that fully empowered grand juries are possible, even likely, as a consequence of impending overwhelming consensus that certain important events did not occur the way the media told us they did. A New York state grand jury with a special prosecutor is what AE911truth.org is pursuing explicitly now.