The Next Shoe Just Dropped: Court Denies Attorney-Client Privilege

Tyler Durden's picture

Submitted by Simon Black via Sovereign Man blog,

In the Land of the Free, people grow up hearing a lot of things about their freedom.

You're told that you live in the freest country on the planet. You're told that other nations 'hate you' for your freedom.

And you're told that you have the most open and fair justice system in the world.

This justice system is supposedly founded on bedrock principles-- things like a defendant being presumed innocent until proven guilty. The right to due process and an impartial hearing. The right to counsel and attorney-client privilege.

Yet each of these core pillars has been systematically dismantled over the years:

1. So that it can operate with impunity outside of the law, the federal government has set up its own secret FISA courts to rubber stamp NSA surveillance.

According to data obtained by the Electronic Privacy Information Center, of the nearly 34,000 surveillance requests made to FISA courts in the last 35-years, only ELEVEN have been rejected.

Unsurprising given that FISA courts only hear the case from the government's perspective. It is literally a one-sided argument in FISA courts. Hardly an impartial hearing, no?

2. The concept of 'innocent until proven guilty' may officially exist in courts, but administratively it was thrown out long ago.

These days there are hundreds of local, state, and federal agencies that can confiscate your assets, levy your bank account, and freeze you out of your life's savings. None of this requires a court order.

By the time a case goes to court, you have been deprived of the resources you need to defend yourself. You might technically be presumed innocent, but you have been treated and punished like a criminal from day one.

3. Attorney-Client privilege is a long-standing legal concept which ensures that communication between an attorney and his/her client is completely private.

In Upjohn vs. the United States, the Supreme Court itself upheld attorney-client privilege as necessary "to encourage full and frank communication between attorneys and their clients and thereby promote broader public interests in the observance of law. . ."

It doesn't matter what you're accused of-- theft. treason. triple homicide. With very limited exceptions, an attorney cannot be compelled to testify against a client, nor can their communications be subpoenaed for evidence.

Yet in a United States Tax Court decision announced on Wednesday, the court dismissed attorney client privilege, stating that:

"When a person puts into issue his subjective intent in deciding how to comply with the law, he may forfeit the privilege afforded attorney-client communications."

In other words, if a person works with legal counsel within the confines of the tax code to legitimately minimize the amount of taxes owed, that communication is no longer protected by attorney-client privilege.

Furthermore, the ruling states that if the individuals do not submit attorney-client documentation as required, then the court would prohibit them from introducing any evidence to demonstrate their innocence.

Unbelievable.

While it's true that attorney-client privilege has long been assailed in numerous court cases (especially with regards to tax matters), this decision sets the most dangerous precedent yet.

With this ruling, government now has carte blanche to set aside long-standing legal protections and even deny a human being even the chance to defend himself.

Naturally, you won't hear a word about this in the mainstream media.

But it certainly begs the question, what's the point of even having a trial? Or a constitution?

When every right and protection you have can be disregarded in their sole discretion, one really has to wonder how anyone can call it a 'free country' any more.

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Rising Sun's picture

It's all about money - your money and how the dogshit goobermint can take more beyond taxation.

 

Hopey Changey Barry strikes again - get rid of this turd!!!!!!!!!!

Oh regional Indian's picture

It's about en-forcing the code, isn't it? Tax code. Penal Code.

Code's are voluntaryly embraced, Code of Honour, Code of Con-duct etc. 

What about the word Code? Codes are hidden, secret, scrambled...

Any wonder the gobbledygook makes no sense? Legal-unease...

The Deep Perversion Of Language

ori

 

gmrpeabody's picture

All you are belong to us...

SWRichmond's picture

malum in se

vs

malum prohibitum

Natural Law is something everyone can understand and comply with easily.  That is why it is so feared by the establishment.

Anusocracy's picture

All governments are scams and cons.

Match that with the fact that most people are dupes and fools and you have the basis of the modern world.

Manthong's picture

According to a play in 1623, Henry the Sixth had an idea about that problem.

But a Constitution crafted and signed off on in 1787 was intended to make that not such a good idea.  

It may be time to reconsider the concept now as the principles of that document have pretty much been shit-canned by politicians (who most all just happen to be attorneys).  

..and BTW, so are the judges (who most all just happen to be attorneys but are really politicians).

If indeed, a Dick's comment comes back into popular recourse, fasten your seat belt and put your tray tables into the upright and locked position.

 

Manthong's picture

good to know that few folks got it.

..bad to know that most did not..

Drifter's picture

Did Mark Levin buy Zerohedge? Or Alex Jones?

Never One Roach's picture

Not'n like a nice hang'n ... after a Fair trial, of course.

Drifter's picture

Please spare us the fake patriot crap, us sane rational people are getting pretty tired of hearing it, especially on a damn financial blog.

Boris Alatovkrap's picture

In Russia, tax agency is collect tax, in Amerika, they are collect YOU. 

Milestones's picture

The ORIGINAL 13th amendment which was introduced in 1809 and ratified 1819 has been trashed and swept under the rug.Those of us involved in "The People's" COMMOIN LAW GRAND JURY, which ios now very close to be operational nation wide, is finding some not so subtle but important changes in some of the Supreme's decisions from the original text including Marbury v Madison, one of the most important decision made in 1803. It's called forgery!!

The 14th amendmewnt was illegal from the get go and was never legally ratified on several different levels. As regards the 13th (ORIGINAL) would have banned attorneys from serving in the government at the risk of losing citizenship. Bet you'll never guess what "professional" thei-- er folks did that puppy in. Remember, 1812 and the sacking of the White House amoung other buildings including the office of printing. Perfect time to play games. Also remember that in the late 1860's we had all the "reconstruction resolutions" and the the Senate Leaders refusing to seat those 20 some from the south from being able to vote.

Most Americans have never read the Constitution or the fundmental concepts that are what guide this nation.

Iread many so called scolars bad mouth having a liberal arts or history major says what in the hell value do they have--ya can't get a job with those credentials. But those are the courses that give us a better grasp of where we are and what where we are goingf (or not going) and some basis to make some reasoned judgements.

Many have quoted varios versions of Sayantana's quote: I have my own: "those who are ignorant of their historey, are doomed to repeat it's failures."

Many of the militia persons were and are involved in COMMON LAW GRAND JURY. Come on in, the water's fine'

Hopefully in the next couple of days I'll post sites etc for more info--or just Google Bundy rRanch or what is posted here.

Milestones 

Milestones's picture

The ORIGINAL 13th amendment which was introduced in 1809 and ratified 1819 has been trashed and swept under the rug.Those of us involved in "The People's" COMMOIN LAW GRAND JURY, which ios now very close to be operational nation wide, is finding some not so subtle but important changes in some of the Supreme's decisions from the original text including Marbury v Madison, one of the most important decision made in 1803. It's called forgery!!

The 14th amendmewnt was illegal from the get go and was never legally ratified on several different levels. As regards the 13th (ORIGINAL) would have banned attorneys from serving in the government at the risk of losing citizenship. Bet you'll never guess what "professional" thei-- er folks did that puppy in. Remember, 1812 and the sacking of the White House amoung other buildings including the office of printing. Perfect time to play games. Also remember that in the late 1860's we had all the "reconstruction resolutions" and the the Senate Leaders refusing to seat those 20 some from the south from being able to vote.

Most Americans have never read the Constitution or the fundmental concepts that are what guide this nation.

Iread many so called scolars bad mouth having a liberal arts or history major says what in the hell value do they have--ya can't get a job with those credentials. But those are the courses that give us a better grasp of where we are and what where we are goingf (or not going) and some basis to make some reasoned judgements.

Many have quoted varios versions of Sayantana's quote: I have my own: "those who are ignorant of their historey, are doomed to repeat it's failures."

Many of the militia persons were and are involved in COMMON LAW GRAND JURY. Come on in, the water's fine'

Hopefully in the next couple of days I'll post sites etc for more info--or just Google Bundy rRanch or what is posted here.

Milestones 

Milestones's picture

MY Bad!!            Milestones

Milestones's picture

My Gawd, the spelling is right out of the 4th grade! Now  I'm, embarassed.            Milestones

HardAssets's picture

Anusocracy: "All governments are scams and cons.

Match that with the fact that most people are dupes and fools and you have the basis of the modern world."

 

Basis of the ancient world too. 

In other words, this has been going on for a very long time.  Nothing new. People are imprisoned by their ignorance. 'Laws' are used like magic spells; those who believe in the 'voodoo' victimize themselves with them.

TPTB are using 'administrative law' for this very purpose.

The voodoo begins when the toddler is placed in front of a t.v. as 'pacifier' and when carted off to 'school'. The objective is to keep people thinking as children, and ultimately to keep them thinking as slaves.

 

Manthong's picture

Hard Ass..

Please consider a slight modification of that notion..

The Sovietized management of education in the USSA since 1917 when the “travelers” brought their great and very astute world views back here from the Communist paridise assured successive generations of fools.

So now that most of the (fool) populace are easily manipulated, that leaves you with the controller disposed portion of society.. they are most all lawyers and their slightly less educated accomplices.

And now what we have is a government of f’n lawyer politicians and judges who are either dupes or hypocrites

The hypocrites are the ones that run things

..but that is only my 2C

fockewulf190's picture

Better call Saul!  Oh...wait a minute...better talk to Saul instead...using Navaho code...in sign language...under a blanket...

rubiconsolutions's picture

Thursday in an interview conducted at the National Press Club in Washington, D.C., Justices Antonin Scalia and Ruth Bader Ginsburg talked about their views of the First Amendment. Moderator Marvin Kalb questioned Scalia about whether the NSA wiretapping cloud be conceivably be in violation of the Constitution:

Justice Antonin Scalia said, "No because it's not absolute. As Ruth has said there are very few freedoms that are absolute. I mean your person is protected by the Fourth Amendment but as I pointed out when you board a plane someone can pass his hands all over your body that's a terrible intrusion, but given the danger that it's guarding against it's not an unreasonable intrusion. And it can be the same thing with acquiring this data that is regarded as effects. That's why I say its foolish to have us make the decision because I don't know how serious the danger is in this NSA stuff, I really don't."

Let me translate this for you - "Fuck the constitution. The government can do pretty much anything it sees fit. You are merely chattel to support us. If we want agents to grope you, so be it. If we want to rob you blind through taxation, so be it. If we want to restrict your rights because doing so is in our best interest, so be it. Sure, we'll keep up the facade that you have rights but [chuckling] we both know that simply isn't true."


Wahooo's picture

Allow me to summarize your translation: If you like your Constitutional rights, you can keep your Constitutional rights.

jeff montanye's picture

makes me glad i'm closer to death than birth.

effendi's picture

Every year over a million Americans die with the knowledge that they are in the last few months of their life (cancer, failing heart and other terminal illnesses). There are also many thousands who choose to die (suicide),often due to the slimeballs having ruined their lives.

So why don't at least some of them go out with a bang instead of a wimper. And by a bang I mean just that, instead of going off into a garage and gassing yourself or shooting yourself you may as well load the car up with fuel/explosives and crash it into a gathering of slimeballs.

Take a few bastards with you. Crooked bankers, slimy politicians, thuggish cops, bought judges; plenty of justifiable  targets. 

People at least remember (and honour) Joe Stark for his final payment to the IRS.

Manthong's picture

scalia: "very few freedoms that are absolute"

ok, I had a great slur for you but the better side of me talked me into pulling it.

But look dude.. maybe you're gettin a little long in the tooth there.

You don't even want to try making that argument with me in my environment, not your bought and paid for D.C. fantasy. 

rocker's picture

Simply put, we are owned by the 1%.  Actually, the owners are less than the 1%.

It's just that the 1% have voting rights in the hierarchy that we do not. 

fedupwhiteguy's picture

effendi, I've often thought about that. I really think that is the best thing that we as an individual can accomplish. Of course, I'd rather join a group of like minded guys and participate in a revolt somewhere for some noble cause. But a lone baby boomer (how many are succumbing each and every day?) can quietly put his house in final order, gather the needed tools, pick his target and can exit this life with some bit of dignity instead of in a FEMA barrack bunk.

Just Fed Up...

Milestones's picture

Well, we have every imaginable kind of group. Why not start it up if no one has started it, --do so. You can call it as the Bard so well put it; The Long Sleep society with a bang at the end.            Milestones

rubiconsolutions's picture

After watching the interview on C-SPAN (almost as much fun as a colonoscopy....almost) he went on to say that "my court" - his words, not mine. HIS court, not America's supreme court but HIS court - isn't really in a position to render a verdict on the NSA because of their ignorance on the threat level. So essentially, what he is saying that the court can't render a decision about something that they are ignorant about. Which means...they shouldn't be rendering any verdict about anything. What the f^&* do they know about healthcare yet they find the ACA - Obamacare - constitutional? Scalia pretty much said that he doesn't believe in privacy although not in so many words.

This country is doomed and I believe in fairly short order, like two or three years based on the fact that the constitution is an increasingly feckless piece of parchment. Not to mention that the economy is toast thanks to the Federal Reserve Act of 1913...which was found constitutional.

"But whether the Constitution really be one thing, or another, this much is certain - that it has either authorized such a government as we have had, or has been powerless to prevent it. In either case it is unfit to exist.” - Lysander Spooner, No Treason: The Constitution of No Authority

MiltonFriedmansNightmare's picture

The constitution is now completely irrelevant as we are not a party to it. The U.C.C. Is the law of of the land. There are no common law courts and virtually everyone is tried in admirality. There are no judges, onlyt trustees appointed to oversee and administer the US corp bankruptcy of 1933

Four chan's picture

re: the constitutionally limited republic.

the entire structure has been turned on its head.

original structure-> god (if you beleive in it), the individual's rights, county, city, state, federal government limited by the constitution.

todays structure-> federal government unconstrained by the constitution, state government, city, county, individual,god(if you beleive in it)

 

the republic is totally dead and the republicans entrusted to conserve it have been a total failure just like the socialist democrats.

Manthong's picture

crud.. not to be argumentative here in Tyler's basement.. but it is not about you or me or our rights...

there is a huge universe of stuff there can be considered to be natural rights.

the system was originally designed by the founders to restrict .gov.

the rest of the crap we have to deal with falls under that.

but omg.. that is an inspiring avatar.

 

 

GoinFawr's picture

"That is why it (Natural Law) is so feared by the establishment." ...but not why it is deeply suspect to others:

"Extermination (of Native peoples) was also seen as an expression of "natural law", a concept...used by the Spanish humanist Juan de Sepulveda in the sixteenth (century) as legal justification for the enslavement of Native people in the Caribbean and Mexico." - Thomas King

rubiconsolutions's picture

"....In other words, if a person works with legal counsel within the confines of the tax code to legitimately minimize the amount of taxes owed,...."

You're going to need more than a lawyer to legitimately minimize the amount of taxes owed. Various sources have the tax code in the US being from 75,000 to 78,000+ pages in length. How on God's green earth can someone, anyone including a lawyer figure that out and not perjure themselves when they sign their 1040? There is no way to figure it out. If it were a painting it would look like something Rube Goldberg contrived. Whether by design or foolishness the tax code of the united states cannot be understood or interpreted in any sound way. If you use several of the various tax programs on the market today you'll get different answers for each one.

Here's an idea: How about asking your lawyer and accountant to sign your return and put their asses on the line for any penalties if they are wrong. See if they'll do that. That's how screwed up the system is, no real professional or sane person would dare sign a document that almost 100% opens the door to perjury. Repeal the 16th amendment!

DoChenRollingBearing's picture

Excellent points, yes, if they somehow forced the accountants and lawyers to pay for mistakes, well, maybe they would simplify the tax laws...

Naah!  Just fooling you all!

I suspect they deliberately make it complicated so that they selectively enforce: oppress their enemies or pluck some more money form their targets.

A Lunatic's picture

That sounds like some kind of Right-wing, wacko, conspiracy theory bullshit ........

Manthong's picture

Checks and balances – an elaboration

The genius of the government WE USED TO HAVE was the way that the founders made sure that state legislatures APPOINTED / not elected - put Senators in office...  THEY (older, deliberative proven folks that got 6 years tenure.. not the two year hot shots of the House elected by the populace)  >WERE SUPPOSED TO BE THE CONSCIENCE OF THE GOVERNMENT..  not some beauty contest that gets you a J Corzine, B Boxer, HR Clinton, BH Obama et al that is really a function of TV Ads from banker credit money….. they also determined the Supreme court as well as Cabinet officials…..   Now  that is why “they” .enemies of the United States, . the City of London Corporation funded the evil bastards of Jekyll Island and did it all along with the income tax (16th  Amendment) and the Federal Reserve Bank Act in 1913.

maybe W Wilson was just a dupe, too....  I don't know... 

But wake the F up.. save the country for the kids.

 Repeal the 17th Amendment... give the power back to the states.. and really to you. 

NidStyles's picture

Pieces of paper are not what created this mess or stopped it in the first place. Humans did. 

Frankie Carbone's picture

The paper credits are the schlong that they use when they bend us over. God invented gold and silver. Man created fiat currency. God is divine. Man is inherently evil. Think about it. 

NidStyles's picture

You should probably go back and read the post I was replying too ;-)

laboratorymike's picture

I've read that lawyers were once paid by the word. Hence "stop" becoming "cease and desist."

 

And for some sci-fi horror fun:

http://www.scp-wiki.net/scp-738

Test 7: Sheldon Katz, Esq., senior counsel with the Foundation's legal department.
Result: At commencement of test, Mr. Katz presented the entity with a notarized, apostilled affidavit stating that he was participating in the test on his own behalf and not as agent for the Foundation. Approximately forty-one hours after the commencement of the test, Mr. Katz lapsed into unconsciousness due to exhaustion. Mr. Katz described the appearance of the entity as identical to his first-year contracts professor from law school, but he declined to describe the nature of the offer that had been made. He reported that just prior to his blacking out, he had been in the midst of negotiating a precise technical definition of the word "shall". Katz stated that the current working draft of the agreement that he and the entity had been drafting was at least nine hundred pages long at that moment, exclusive of exhibits and schedules, and that he regretted not keeping a copy for his form file. A red leather envelope, smelling of sulphur, was found on Mr. Katz's person, which contained a handwritten note reading "Please come back any time. I haven't had so much fun in years." Mr. Katz has requested reassignment.

Unknown User's picture

So can we get Koch Brothers lawyers to testify about their taxes?  Hopefully they will all get a permanent jail visit.

thamnosma's picture

Another pure idiot with a leftist obsession on the Koch Brothers, who actually fund campaigns against this fascist/marxist regime.  Get the fuck out of here.

laboratorymike's picture

Regardless of the Koch Brothers individually, the article clearly points to the fact that the government wants to overturn the legal precedent of individuals not having to pay more than they are legally required, so that they can raise taxes without having to raise the official tax rate.

TheReplacement's picture

Dear Paid Agent,

You lie.  The problem is not the Kock brothers' lawyers but the insane tax code.  You, yourself, are certainly violating the code and breaking numerous laws every day.  You had better pray to whatever thing you believe in that nobody who considers you an enemy wins election to office high enough to use the mechanisms of government against you.  You will go to prison if they do not kill you first. 

Forward!, to the labor camps and mass graves. 

chapaev's ghost's picture

Once Petka, Anka and myself toured a model Soviet factory. We saw workers operating sophisticated machinery, and many shiny  new items rolling along assembly line conveyor belts.

Finally, we entered the factory director's office, only to discover him fucking his secretary on top of his desk.

I said, "My God, let's shoot this bourgieosie reactionary!

"Oh, no Comrade," said Petka, "You know that when we finally achieve the dictatorship of the proletariat, we will all lie around, eating and fucking, and not have to do any work at all. This man is a true Socialist pioneer, because he has reached the promised land before the rest of us!"

g speed's picture

TheReplacement----sorry-is not the insane tax code--it is the gov't --hedge accordingly

sylviasays's picture

So can we get Barry's rich cronies like Geroge Soros and Warren Buffett along with their lawyers to testify about their taxes?  Hopefully they will all get a permanent jail visit? Naw...

lakecity55's picture

It was set up that way to give .gov the Power to steal everything you have at gunpoint.

 

US Citizens are nothing but meat puppets to them, to be used, abused and murdered on a whim.

Franktastic's picture

when the time comes (and it will) anyone who supported this nazi state and that includes attack dogs and hamsters, will die a miserable death.