As you know if you have been following the Bill Benson litigation regarding the 16th Amendment, the Seventh Circuit issued its opinion sustaining the action of the district court in granting the injunction. Their opinion did not address seven of the eight issues that were briefed on appeal, and the alleged false statements they found to constitute commercial speech were statements other than what Bill was charged with making. It is crystal clear neither the government attorneys, the district court or the seventh circuit is able to defend Bill's position on the merits.
Today I filed a petition asking the entire 7th Circuit to rehear the case. The question posed is:
The fundamental question of exceptional importance to be addressed in deciding to grant this petition for rehearing is: "Is it the official position of the Seventh Circuit that defendants, charged with unlawful conduct by the government, are no longer entitled to present evidence and defend against the charges?"
If the Seventh Circuit answers the question in the affirmative by refusing to rehear the case, then we will find ourselves in the same position our founding fathers, and people of that time, found themselves in dealing with the British government. As you can see from the brief, the precedent from the Supreme Court, the Seventh Circuit and other courts of appeal firmly establish that Bill was denied due process; i.e., he is entitled to at least have the court consider the evidence and arguments made in his defense.
We will see what answer the 7th Circuit gives.
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Donations may be made on-line at http://jeffdickstein.com/donate.aspx or mailed to the address below.
I will keep you all apprised.
Jeffrey A. Dickstein
Attorney at Law
500 W. Bradley Rd., C-208
Fox Point, WI 53217