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Letter to Grievance Commission from ATTY Sheldon Waxman: Re. Schiff appeal,.

Sheldon R. Waxman

Attorney at Law

548 Phoenix Street, P.O. Box 309

South Haven, Michigan 49090-0309

Cell (269) 207-6219 Fax (269) 637-6041

sheldonw72@gmail.com

http://thelawyer.info

September 24, 2008

Patrick McGlinn

Attorney Grievance Commission

234 W. Congress, Suite 256

Detroit, MI 48226-3259

PERSONAL AND CONFIDENTIAL

Re: Grievance Administrator as to Sheldon R. Waxman

AGC File No. 3146/07

Dear Mr. McGlinn:

It is unfortunate that the Commissioners chose to impose a warning in this case but I do not regret the arguments I made in the Schiff appeal. I do accept the warning because it does not constitute an adjudication of misconduct, nor any cost imposition.

However, I want the record to reflect that I categorically deny each of the following:

(1). That I “attempted” to file a “frivolous” Supplemental Brief in the Irwin Schiff appeal in the U. S. Court of Appeals for the Ninth Circuit. (2). That I committed “conduct prejudicial to the administration of justice”. MCR 9.104 (A) (1). (3). That I committed “conduct that exposes the legal profession or the courts to obloquy, contempt, censure or reproach”. MCR 9.104 (A) (2). (4). That I committed “conduct that is contrary to justice, ethics, honesty or good morals”. MCR 9.104 (A) (3). (5). That I committed “conduct that violates the standards or rules of professional responsibility adopted by the Supreme Court. MCR 9.104 (A) (4).

I will never again represent anybody charged with a tax violation. Thereby, I will never again risk being in the position I find myself. The “deck is stacked” by a corrupt Federal judiciary in cases involving the insidious, regressive and unconstitutional Internal Revenue Code, which is a big part of the economic problems in which we find ourselves. Those who resist the IRS and the Tax Division of the Department of Justice are imprisoned after “Judge Roy Bean” hijack trials.

Irwin Schiff, who denounced the IRS, and whom I consider a personal friend, received the most unfair trial I ever witnessed in 43 years of law practice. In my opinion, he should be treated as a true American hero. He predicted the economic chaos we are undergoing. See his book, “The Federal Mafia”, if you can find a copy because it was banned by the same 9th Circuit Court that sanctioned me. Unfortunately, he had a delusional belief that the Federal Courts and a Federal jury would agree with him.

If he had been allowed to present his defense to the jury he may well have been acquitted. The Federal judge made sure the jury would not hear Schiff’s defense because it was “frivolous”. The Court of Appeals followed suit. All I did was to attempt to present Schiff’s defense on appeal to show what the defense would have been had it been allowed. This is a perfectly proper appellate argument when confronted with a fundamentally unfair trial.

The Court of Appeals didn’t like that. Therefore, they tagged me—the lawyer, as “frivolous”. If it has ever been otherwise, it is certainly now true that it is appropriate to sanction lawyers who represent those with the courage to stand up against the wrath of the Federal apparatus. Divide lawyer and client and tag the lawyer with the stigma of “frivolousness” is the rule in Federal Courts.

I should be lauded, instead of vilified for representing the highest standards of an American lawyer. I became a dangerous person to the establishment when, as an Assistant U.S. Attorney. I “blew the whistle” on the FBI’s involvement in the murder of Fred Hampton, Black Panther Party leader in Chicago. The story is found in two of my books: “In The Teeth of The Wind—A Study of Power and How to Fight It” and “The Black Messiah Murders”.

I appeared before the House Ways and Means Committee and The Senate Finance Committee to protest the income tax. The only good “tax plan” is the repeal of the onerous Internal Revenue Code and its replacement with a modern tax system. I appeared before the Joint Committee on Taxation to protest an IRS campaign to eliminate Independent Contractors for tax purposes, which resulted in the enactment of the Safe Harbor Test. And I represented many tax protestors in Federal criminal tax cases.

It would be humorous, but for the serious consequences which resulted, that I am still considered a danger to the Federal Judicial Establishment because it has been over 24 years since I last represented a tax protestor. For the last few years, my income has been mostly limited to Social Security Retirement, which is ironic, since I alleged the bankruptcy of the System in a Tax Court case in 1974. Additionally, my wife receives disability payments and I handle some indigent criminal cases for Van Buren County.

It is again with regret that I will not be able to air my defense before a panel of unprejudiced colleagues, as I feel that no fair panel of lawyers would find me guilty of any improper conduct. I would have fought this to the last possible tribunal, if I was younger and in a better financial situation,. However, at my age, I do not need to bear the cost nor the mental aggravation involved in litigating this matter further. Please make this letter part of the record in this case.

Cordially,

Sheldon R. Waxman

C: Michael Murray, Chairperson

Richard B. Poling, Jr., Vice Chairperson

Martha D. Moore, Secretary

Russell E. Moh

Karen M. Dunne Woodside

David L. Porteous

Deborah L. Butler

Jan A. Brandon

October 10, 2008 in Current Affairs | Permalink

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