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Vol. 6, #1 January 2008 Nelson Waller, Editor PN Secretary, Assistant Editor
Dr. Robert Clarkson, Publisher
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This
is your copy of the January 2008 issue of the e-Patriot Cannon
newsletter. The distribution of The ePC is a Patriot Network member
benefit. For this reason we have changed the online location of the
current edition. To read the current issue online, click here:
Current
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Archives .
EXTRA
-- STOP THE PRESSES -- EXTRA!
With the support of his loyal upcountry PN associates, Dr. Clarkson has WON his critical case in the Supreme Court of South Carolina for your right to paralegal asssistance! The state Bar Association sued him but failed to haul in the Great One. Read the full story below, and don't miss a word of the explanatory post-trial article at item #1 in this month's lineup of power-packed news features!
EXTRA -- CLARKSON BEATS BAR IN SUPREME COURT
1.
Clarkson vs. Bar Association before Supremes
2. What happens behind the scenes?
3. Sahara: A film review
4. Another victory in tax court
************************
ON THE EXTRA:
Dr. CLARKSON'S IMMEDIATE, OFF-THE-CUFF SUMMATION
Left: The ordeal was rough, the pressure incredible, the paperwork endless, but The Great One is still smiling as he leaves the Supreme Court. In background is supporter Patriot Charles.
The
victory report on the January 2008 trial in Columbia is in two parts.
First, the message Dr. Clarkson sent the troops via PN e-groups to
announce the win as soon as he'd received confirmation of it -- this
is followed below by the entertaining, exciting, and detailed
provisional report the PN had issued immediately after the trial
(article #1 below).
RC admonished, not jailed on UPL case
On January 14, the SC Supreme Court denied the Bar Association's petition to hold Dr Clarkson in contempt of Court for unauthorized practice of the law (UPL).
Articles on this by RC and Nelson were sent out earlier. Details are on our web under COINTELPRO [password 4143].
Clarkson was ordered not to dispense "legal advice". This term is undefined, undefinable and not in law dictionaries, especially in the internet age. But the SCSC was respectful and fair to me and admitted in other cases that the UPL law is unclear. The system works: if you obey the rules, you can expect justice in the court system.
1. Clarkson vs. Bar Association before Supremes
(written
before the historic judgment was handed down)
By
e-PC Editor
Right: Elated and stunned with the success of their preparations, Dr. Clarkson and some allies stand before portrait of late Chief Justice A. Lee Chandler. Left to right: Patriot Gary, John Cobin, e-PC editor Nelson Waller, RBC, Capt. Bob Fondry, Lindsey Howell. Normally jovial editor is smileproof before cameras.
The
story is not yet finished, but too exciting to keep to ourselves:
Wednesday, the
South Carolina
Supreme Court showed itself very friendly to truth and justice. Yes
-- Dr. Clarkson had been summoned before the authorities, well-armed
for battle as always, and appears to have yet again demonstrated to
them that his activities are beneficial to all concerned: government
bodies, individuals in controversy with them (e.g. over income
taxes), and the general public.
Just as excitingly, our
perception is that he and his key associates helped the court see
that this is simply one aspect of a rapidly improving situation
between courts, codes, and citizens.
Dr. Clarkson had made
bold to get directly involved in the tax defenses of several patriots
in the past year or so. The tax courts had become used to seeing his
assistants at the defendant's table in tax court, giving ordinary men
and women clerical help and making occasional suggestions how they
might proceed with a trial or hearing. But when the well-known Great
One started showing up personally in that role, judges were not
amused!
Our hero was called into the South
Carolina
Supreme Court four
years
ago and fully defended himself against a charge of practicing law
without a license. He admitted to a typing error in one book which
was uncorrected. With surprising civility and even warmth, the Court
put him on five years' probation at that time, basically ordering him
not to call himself an attorney and to put a disclaimer on his
website, which he was planning to do anyway.
Left: Renowned legal fighter Bernadette Allen is among the many good people accompanying The Great One to court. During the trial TG1 will amuse and intrigue the Justices by pointing Miss Allen out as "the firiest woman in the South." That's for sure!
Dr.
Clarkson says over and over: “The system works…we just
need to play by the rules…”
Our hero continued
his momentous work as the dean of income tax liberators, scrupulously
meeting all conditions. But when he began to actively help more
people in tax court, the Bar Association got stirred up into filing
fresh accusations. On Wednesday, January 9 of
this year
the
case was heard afresh, and no doubt all members of the Patriot
Network e-groups were waiting with bated breath as to what would be
left of the PN's activities afterward. Miraculously,
the drama that occurred has left us with yet more feelings of hope
than ever.
Prior
to the hearing, the clerk of court told Dr. Cobin and Lindsey that
they could not sit at the table with Dr. Clarkson. The three
gentlemen insisted the Defendant had the right to have his clerical
assistance to sit at the table with him. The Clerk of Court went to
the Justices in their chambers and returned saying that the
assistance could stay at the table with him.
The
judges entered the chamber and took their seats. Chief Justice Jean
Hoefer Toal graciously (but professionally) said "Good
afternoon, Mr. Clarkson, it's good to see you again" --
instantly dispelling some
of
the concerns we had that the lady was going to summarily throw the
book at him.
From there it got better and better. Throughout
this chapter in the Clarkson saga, Barbara Seymour of the S.C.
Judicial Department has been the persecuting prosecutor. The Chief
Justice asked her to state her case first.
This she did with her usual extremely deadly, oppressive, sordid
negativity. Every time, she is upset for the most institutional
and theoretical
of
reasons: Mr. Clarkson was removed from the Bar, he's been warned
before, he brags that he has legal advice and services for people,
we
have
laws keeping those "outside the club" from doing these
things.
Right: Dr. Clarkson's supporters confer and confabulate before the trial.
She
insists
there is a
great
gulf fixed between what lawyers and regular people are allowed to do.
In effect she did not like the people finally having a real choice in
their legal assistance (incidentally guaranteed by the Sixth
Amendment).
Chief
Justice Toal
then
questioned Ms Seymour as to where any actual boundary line could be
found that Dr. Clarkson had been crossing in real-world terms. Her
Honor
based
her questions on pleadings that Dr. Clarkson had recently filed.
Some
of the other four justices joined this line of questioning, yielding
nothing for Ms Seymour to grab hold to.
There
was no evidence.
Her Honor next asked Dr. Clarkson to stand
and give his side of things. I AM NOT A TROUBLEMAKER!" was his
first utterance, "Correction.....I
am, but not that
kind of troublemaker.” This
set the tone for the whole defense to follow -- incisive as well as
disarming!
Dr. C proceeded to summarize what he was about to share with the
court, partly by noting that he had some noteworthy witnesses present
and ready to testify at the justices' pleasure, including:
*
John M. Cobin PhD,
for instance, was one of two men seated at the table with the
defendant. He wrote some of the many briefs Dr. Clarkson freely posts
in
his
website that are written
by his colleagues.
Dr.
Clarkson noted to
the court in his introduction that Dr. Cobin had taken several law
courses in addition to some of Dr. Clarkson's own seminars.
*
Seated next to Dr. Cobin was Lindsey
Howell
who had thoroughly studied the Rules of Civil Procedure to the point of
being asked by The Great One to share what he had learned at some PN
meetings and to take on some of the vast overload of individuals
seeking Dr. Clarkson's help.
* In the audience was Bob
Fondry,
a retired Army captain who at Dr. Clarkson's behest also has been
helping patriots at the very gates of hell (that is, up front in
SC tax court).
* Directly behind the stand from which Dr.
Clarkson was speaking, he pointed out yours truly, PC Editor
Nelson
Waller.
To graphically demonstrate how "mainstream" pro se work and
our kind of "legal services" have become, I had checked a
dozen or more legal self-help books out of the Anderson
County
library on Tuesday, and had brazenly displayed them right on the
audience's front "pew" in the direct sight of the Chief
Justice.
The books were a colorful sight, and I hoped for a
chance to get them on the record, starting with "SUING
GOVERNMENT: CITIZEN REMEDIES FOR OFFICIAL WRONGS"...... from
Yale University Press!
Yes,
Dr. Clarkson said, he gives a lot of "legal advice." For
instance,
when his daughter is driving somewhere and he reminds her of the
speed limit, that's "legal advice." To this The Great One
added a couple of other examples illustrating how much of what goes
on in conversation and in print amounts to real legal advice of some
kind.
Dr.
C further explained that
most of his work with patriots consists of noting to them the forms,
procedures, deadlines etc. proper to their cases, and quite often
urging them to simply get their stuff submitted on time (thus underscoring
that he's not only a help to patriots but to courts -- probably the key
issue that won the day last time he was summoned to the state's high
court).
Various other issues had been raised in Ms Seymour's
opening argument: The Chief Justice had asked her whether Dr. C had
charged anything for his help in the main client case
under examination, that of Patriot Gary. Ms. Seymour affirmed that
TG1 had not, but also said that was not a relevant factor in whether
a person's practicing of law was of the "authorized" variety.
(Click here for rest of story)
2.
What happens behind the scenes?
From
your PN web staff
When
something is posted to the website it requires a great deal of effort
with special coding so that the link will work and the page will be
displayed when you click on it.
Due to the voluminous
material we post in order to give you the most up-to-date
information, sometimes the web staff makes errors. When these errors
are discovered we work as quickly as possible to resolve them. We do
not work 24/7/365. We all have personal lives to lead, just like you,
our valued compatriots.
We may also encounter technical
difficulties that must be dealt with but that are beyond our
immediate control.
If you feel the need to contact the
webmasters, please remember we are patriots fighting the same war
that you are and you should be polite, friendly and above all
patient. Nothing happens overnight.
Thank you for your
cooperation--we appreciate it. :-)
The PN web staff
Available
from the Patriot
Bookstore
on DVD or VHS for $30. Click
here to order.
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You
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Your Patriot Network has sold many copies.
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4. Another victory in tax court
IRS backs down in tax court!
Patriot Beverly has
been fighting the many-headed IRS beast both administratively with
the agents and also in tax court. The tax "Service" makes
many mistakes but will not admit their errors nor correct them, much
less apologize to the many people to whom they do grievously harm.
Brave Beverly made them admit that they were wrong and
made them withdraw their erroneous default assessment against her.
The IRS issued a 90-day letter stating that she worked for an unknown
employer for the tax year 1993, when she was actually a stay-at-home
Mom. She did not work outside the house, nor did she have any
“income” even by the "Service's" dimwitted
definition.
Round
1
The
notice of deficiency was all lies as usual, but Beverly did not
exercise her administrative rights by seeking adjudication in tax
court; she did not have anyone to help her who understood the rules
and procedures of the tax collectors. Therefore an incorrect
assessment was issued against her.
Round
2
Then
the IRS attempted to collect the unowed taxes. Under the Taxpayer
Bill of Rights II, our brave patriot friend was entitled to a
Collection/Due Process Hearing (CDPH). She contacted renowned Patriot
Paralegal Dr. Robert Clarkson who assisted her in filing her CDPH
request. Now the tax collectors had to justify their assessment
against her.
After the case in tax court on the CDPH
started, she wrote the IRS District Counsel with Dr. Clarkson’s
help. She told them she had not worked for pay during the year in
question and demanded that they give her the name of the alleged
employer and produce
documentation.
District
Counsel promptly withdrew the final assessment. Then the parties
signed a Consent Order so the judge could dismiss the case in
Beverly’s favor. However, even though the tax collectors were
dead wrong, the IRS attorney did not apologize or even make a firm
admission of wrongdoing.
Beverly was forced to spend a
lot of time on this case, including petitioning the tax court due to
an IRS mistake. The Service owes her an apology if not about $5
million in damages for the trouble and stress they caused her. Since
there's a pattern of IRS hounding people for money they clearly do
not owe, it may qualify as extortion.
Click
the following to see a copy of the District Counsel’s letter of
explanation and the Judge’s Order of Abatement.
HIGH
COURT VICTORY cont.
The
Prosecutrix had also averred that the intent
behind Dr. C's work was out of line, citing the part of the PN
website that says people have to build a lot of self-help from it
because he doesn't have time to go very deep into it with many
individuals. The
motive
she really wanted in his heart was that it was illegal for him to go
beyond certain very strict limits. She rightly reminded the court
that intent carried great weight in law, but her work on it here was
not taken seriously and further shot down in due course by the
defendant.
The PN website clearly tells patriots
that
our association
is a self-help group, everyone must do his own work, and Dr.
Clarkson’s time and resources are limited.
The
court looked benumbed by Miss Seymour's presentation, but in short
order Dr. Clarkson had them feeling very good about life. Truth is
powerful enough by itself, but when combined with our hero's uniquely
folksy yet incredibly real humor, it takes on a whole new life. He
quite soberly put the salient issues in their proper perspective, and
between the lines helped the Justices very
benignly
to see he is not only honest to a fault and competent to the lasting
shame of many "real" lawyers, but quite earnest about
helping everyone
find optimum solutions. Even the sternest-faced Justices, black and
white, were freely smiling and laughing as this supposedly dangerous
“troublemaker" 'splained it
all
to them.
Sample interrogation:
Court:
"Mr. Clarkson, if you're only doing what you say, why are the
tax people so mad at you?"
RBC:
"You
must understand that tax collectors are often hostile and abusive to
tax victims. I go in and get right in their faces, yelling at agents
that they'd better be truthful and not try to bully people........
sometimes wearing a red silk cape with "The Great One"
stitched across the back. And I'm known to whisper things rather loudly to
taxpayers as what to say."
Court:
"..........Is it true you offer something called a Law Course
Weekend, that you feel qualified to instruct others in legal
procedure?"
RBC:
"Yes,
your Honor. I take members to the house or a restaurant for two days
and we give lectures. We go to the law
library
where
they do their own research and I'm there to help them and then they
write up a sample brief. If they do a good job they are admitted to
the (he slumped
slightly in
abject Clarksonian modesty, wearing a
certain grin)…Well,
the Patriot Bar Association…"
Anybody
else would have been hauled off at that point, but this Court was now
in on the fun
and the ever self-deprecating "camp"
of
PN life -- along with its considerable meaning
for
this time in history.
Dr. Clarkson answered the
Court
substantively,
and if this writer is any judge, melted any fears they had of
"patriot" wackos
rising
up in armed wrath against them -- a fear carefully implanted in many
government bodies today by para-governmental outfits
like
the Southern Poverty Law Center and the so-called Anti-Defamation
League. Those hate groups poison governmental minds -- we liberate
'em better than they were before. When The Great One was through, Her
Honor thanked him and asked Ms. Seymour if she had anything to add.
She said she didn't, limply lifting her hands as if to say "I'm
through with this whole deal...."
Now we were back to
square one, in a sense: Would the court feel it still had to teach
him a lesson? Or go the rest of the way and dismiss the whole thing?
Chief Justice Toal talked briefly with the senior Justice at
her right, then explained that the Court felt it best to work out a
formal response later
and
then
notify
the defendant. "We're
not
going to put anybody in jail today," she smiled, and that was
that. The "all rise" was given and the entire bar filed
out.
No doubt many of you shared our concern that they'd
throw law and logic to the winds and give The Great One the maximum
six-month sentence. We're all awaiting the final word together, but
in our opinion here at headquarters, things are looking very, very
good.
The
openness of the Court was phenomenal -- nothing less than a gift from
God in the opinion of this Editor. Certainly, a complete victory for
all the players in this exciting drama will require much
more of the thing that's believed to have brought us this far --
deadly earnest yet confident prayer.
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Disclaimer:
"Robert B. Clarkson is not a lawyer. He is not licensed to
practice law in South Carolina or in any other state or
jurisdiction."
CONTACT
INFORMATION
e-mail
address: Robert@patriotnetwork.info
phone number: 864-225-3061
address:
POB 2368,
Anderson SC 29621
website: www.PatriotNetwork.info
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