IRS Determined to Jail Doreen Hendrickson for Refusing to Lie on a 1040
IRS Determined to Jail Doreen Hendrickson for Refusing to Lie on a 1040
Talk about your first amendment challenge. It doesn't get any dirtier than this.
You might have read about Doreen Hendrickson's first trial here and here.
Doreen is the wife of Pete, author of Cracking the Code: the Fascinating Truth About the Income Tax and who was himself jailed by the IRS for almost 3 years.
In its relentless quest to punish this courageous tax honesty family, the IRS appears determined to jail Doreen, too. She is going on trial for the 2nd time for the same egregious crime: refusing to lie on a 1040.
Her trial begins 7/21/14. For updates, see links at bottom.
If the IRS wins this case, it will mean that any judge can order any person to do or say any thing. If the person refuses, the judge throws 'em in jail until they comply.
Here's Doreen's case in a nutshell:
Doreen is charged with contempt of court.
Because she refuses to sign a 1040 that an IRS employee filled out for her using the IRS' numbers and not hers.
A 1040 is signed under "penalty of perjury," meaning that, when you sign it, you are SWEARING it is true. If you sign it and it is not true, you have committed perjury, a felony with a sentence of up to 5 years. Plus, you lose your right to vote, to own a firearm, and good luck getting hired.
The info on this 1040 suits the IRS but is not true for Doreen. If she doesn't sign it, she is in contempt of court and goes to jail for a year. If she does sign it, knowing the figures are a lie, she has committed perjury and faces up to 5 years in prison.
There is no tax due. Just to clarify: $0 due.
Doreen has not been charged with tax evasion or failure to file. Only with contempt.
Doreen offered to sign under the "penalty of perjury" line. The IRS refused.
She offered to sign with the phrase "under duress" next to her name. The IRS refused.
She offered to sign it and attach an affidavit (a sworn statement) that she was forced to sign it -- that way, both parties win. The judge in the last trial liked this idea and was ready to accept it. The IRS refused.
In the last trial, the judge actually said these words to the jury out loud: “It is not a defense to the crime of contempt that the court order was unlawful or unconstitutional.” In other words: Americans must obey a judge's order even if it is unconstitutional or unlawful.
Her last trial ended in a hung jury with at least one jury member standing up for the 1st Amendment.
Because the IRS has a bottomless pit of money, it can afford to sue her again. If there is a hung jury this time, it can sue her again. And again and again until it gets the verdict it wants and can send Doreen to jail.
Is this what the Founders envisioned?
My DH drove up there yesterday to testify as to Doreen's character, which is sterling.
Doreen could have signed this document, you know, and saved herself from jail. It's just a one page document, it's just a little tiny perjury that everyone already knows is happening... what does it really matter? If she'd signed it when first demanded to sign it 7 years ago, she and Pete would be back on the plantation and left alone by the IRS.
(Unless the IRS goes after her for perjury which they've all but admitted is a possibility.)
But neither Doreen nor Pete would take that easy road. They stood up for principle and Did. Not. Back. Down.
Whatever human flaws Doreen may possess, whether or not you agree with Pete's conclusions about the code [he's right], the Hendrickson's are warriors. They walk the walk, painful and terrifying though it has been all these years. They have earned my respect.
Please share this story so that everyone knows Doreen Hendrickson's name and that, using Doreen as the example, the Feds want to dictate your testimony.
If you know anyone at the IJ, please beg them to take the case. They have super powers when it comes to First Amendment challenges. The attorneys at IJ need to know about Doreen and what we are up against if she loses. [Update: IJ refused.]
Related online articles:
UPDATE 7/21/14: Report from Day 1 (author is Doreen's daughter)
UPDATE 7/22/14: Report from Day 2
UPDATE 7/23/14 Day 3
UPDATE 7/23 & 24/14 Day 3 and 4
UPDATE 7/25/14 Day 5 Guilty
UPDATE 7/4/2016 Doreen gets out of jail next week after 9 months in jail, then under house arrest for 3 months. If she refuses to sign the 1040, she will backs of jail. They are appealing. If you can help pay legal fees, make a donation at lost Losthorizons.com.