Critique of tax protester legal claims

Sheldon Richman has a nice three-part series criticizing the legal reasoning of tax protesters who claim they don't have to pay U.S. income tax titled "Beware Income-Tax Casuistry." With any luck, somebody tempted by such nonsense will read it and avoid jail or fines.

UPDATE (December 28, 2006): Sheldon Richman also points out this excellent GWU law professor's website on tax protestor claims.

Staffer for Congressman tries to hire hackers to change grades

Todd Shriber, communications director for Rep. Denny Rehberg (R-MT), tried to hire hackers at attrition.org to change his college GPA for him. He corresponded in email with "Lyger" and "Jericho" (former Phoenix resident Brian Martin, who runs attrition.org), who strung him along and then published the entire email correspondence on their site. To keep things entertaining, they made some odd requests:

From: security curmudgeon (jericho@attrition.org)
To: Todd Shriber (nascar24_08530@yahoo.com)
Date: Wed, 9 Aug 2006 17:30:44 -0400 (EDT)
Subject: Re: Question for you or other Attrition members

: Wow, I feel dumb now. I honestly cannot rember if there were pigeons on
: campus or not. A lot of crazy squirrels, but I can't remember pigeons.
: Just for my own edification, why do you need to know that? I'll find out
: for you.

Hey, squirrels work fine. First, let's be clear. You are soliciting me to
break the law and hack into a computer across state lines. That is a
federal offense and multiple felonies. Obviously I can't trust anyone and
everyone that mails such a request, you might be an FBI agent, right?

So, I need three things to make this happen:

1. A picture of a squirrel or pigeon on your campus. One close-up, one
with background that shows buildings, a sign, or something to indicate you
are standing on the campus.

2. The information I mentioned so I can find the records once I get into
the database.

3. Some idea of what I get for all my trouble.

When he replied that he no longer lives near his campus (he's in D.C., and attended Texas Christian University), they told him that any old photo of a squirrel would do--and he sent them one.

They ended their trolling by claiming that they had been caught, and that Shriber shouldn't even visit their website anymore:

From: lyger (lyger@attrition.org)
To: Todd Shriber (nascar24_08530@yahoo.com)
Bcc: security curmudgeon (jericho@attrition.org)
Date: Sun, 27 Aug 2006 03:15:31 -0400 (EDT)
Subject: Re: the squirrels are nice here...


On Sat, 26 Aug 2006, Todd Shriber wrote:

": " I'll take a quick look on Saturday and get the changes
": " to you immediately following that. Let me know if it's
": " OK for me to log into that site.

todd... no more.. omfg we are SO busted.. fuck fuck fuck FUCK FUCK
everything was PERFECT until their night noc ran a reverse udp traceroute
back to one of the hosts we had set up  after that, straight DOWNHILL.
i've already been called twice by my isp asking about unusual activity,
some other shit about access attempts to a federally monitored system they
have everything in logs including the rot-26 stuff that finally got me
access all goes back to your login sorry i really fucked up BAD

theyre prob gonna end up calling you since they have your info just duck
and run if you can, i'm going deep underground if they ask about me or
attrition we don't know each other you know youre just as guilty and
liable so when they come knocking dont say anything without a lawyer and
when you ask them to put the gun down say it nice because that shit isnt
fun

man dont even visit attrition.org again theyre trying to check web logs
one last email should be ok but we're so fucked sorry

Paul McNamara has covered the story at Network World, and it's summarized at Talking Points Memo. The full email correspondence is up at attrition.org, but their server is having some trouble handling the traffic they're now receiving on this.

UPDATE: Welcome to Todd and/or his colleagues at the U.S. House of Representatives!

Domain Name		house.gov ? (United States Government)
IP Address		143.231.249.# (Information Systems, U.S. House of Representatives)
ISP		Information Systems, U.S. House of Representatives
Location		Continent : North America Country : United States (Facts) State : District of Columbia City : Washington Lat/Long : 38.8933, -77.0146 (Map) Distance : 1,975 miles
Language		English (United States) en-us
Operating System		Microsoft WinXP
Browser		Internet Explorer 6.0 Mozilla/4.0 (compatible; MSIE 6.0; Windows NT 5.1; SV1; .NET CLR 1.1.4322)
Javascript		version 1.3
Monitor		Resolution : 1024 x 768 Color Depth : 32 bits
Time of Visit		Dec 22 2006 8:55:54 am
Last Page View		Dec 22 2006 8:55:54 am
Visit Length		0 seconds
Page Views		1
Referring URL		http://blogsearch.go...Todd Shriber&ie=UTF8
Search Engine		blogsearch.google.com
Search Words		todd shriber
Visit Entry Page		http://lippard.blogs...n-tries-to-hire.html
Visit Exit Page		http://lippard.blogs...n-tries-to-hire.html

UPDATE: Todd Shriber has been fired.

Redacted Iran op-ed shows Bush administration insanity

As an undergraduate, I read Victor Marchetti and John Marks' book, The CIA and the Cult of Intelligence. Marchetti, a former CIA officer, was forced to redact large portions of the book, and the publisher decided to print the book with a bunch of blank spaces to show where the redactions occurred. This led to a fun game of trying to fill in the blanks. (The only section I tried to fill in--successfully, as this was years after the book was published--was about CIA-operated air transportation companies operating out of Pinal Air Park in Arizona near Marana.)

Now the New York Times has printed an op-ed by Flynt Leverett and Hillary Mann about Iran using the same strategy--it's filled with black marks indicating the CIA-demanded redactions. This op-ed actually contained no classified information, but the Bush administration applied pressure to the CIA to get them to demand redactions. Leverett and Mann write, in an explanatory preface:

Agency officials told us that they had concluded on their own that the original draft included no classified material, but that they had to bow to the White House.

Indeed, the deleted portions of the original draft reveal no classified material. These passages go into aspects of American-Iranian relations during the Bush administration’s first term that have been publicly discussed by Secretary of State Condoleezza Rice; former Secretary of State Colin Powell; former Deputy Secretary of State Richard Armitage; a former State Department policy planning director, Richard Haass; and a former special envoy to Afghanistan, James Dobbins.

These aspects have been extensively reported in the news media, and one of us, Mr. Leverett, has written about them in The Times and other publications with the explicit permission of the review board.

Leverett and Mann provide citations to other published material which describes the redacted sections, allowing the blanks to be filled in.

The Bush administration's behavior here is simply insane.

UPDATE: The Onion addressed this issue back in 2005.

Sachs: Hayek was wrong

Jeffrey Sachs argues that higher taxes and social safety nets produce better results than laissez-faire capitalism.

How the Office of Special Counsel got the Sternberg issue so wrong

Steve Reuland at the Panda's Thumb points out how egregiously bad the OSC has become under Special Counsel Scott Bloch, and how that led to its poor handling of the Sternberg affair:

1. Bloch is a far-right wing activist and a notorious homophobe.
2. Upon taking office Bloch immediately removed references to sexual orientation discrimination from the OSC website. Bloch has indicated that he will not protect gays from discrimination in contradiction of White House policy.
3. Bloch is alleged to have used the OSC for partisan political purposes by ignoring claims made against Republicans while vigorously pursuing complaints lodged against Democrats.
4. Bloch doubled the number of political appointees in the OSC, giving high paying salaries to many of his friends and fellow right-wing activists who have no relevant experience. He has simultaneously eviscerated the OSC’s professional staff, much of whom has either been fired for not relocating on short notice or resigned in frustration.
5. James McVay, who wrote the preliminary report concerning Sternberg, is one of Bloch’s more controversial political appointees. He has no experience in employment law, whistleblower law, or federal-sector work.
6. Many hundreds of meritorious cases, which by all accounts should have been investigated, were dismissed without investigation by Bloch’s office. Meanwhile, matters over which OSC has no jurisdiction have been pursued rigorously. (Sound familiar?)
7. According to the OSC’s own polling, Federal employees are extremely dissatisfied with the work being done by the OSC, and effectively no whistleblowers have received relief as a result of the complaints they filed.
8. When complaints were made about Bloch’s behavior and mistreatment of the staff, Bloch not only dismissed the complaints, he allegedly retaliated against the people who made them and issued a gag order preventing the OSC staff from speaking to anyone outside of the agency. Ironically, it is precisely this type of retaliation and intimidation of whistleblowers that the OSC is tasked with investigating.
9. As a result of OSC failing to discharge its duties and taking revenge on aggrieved staff, former staff members and numerous whistleblower protection groups have filed a complaint with the Office of Personnel Management, which has launched an investigation (still on-going, as far as I can tell). Additionally, two Senate committees were forced to hold hearings concerning Bloch’s behavior.

It almost couldn’t get worse. There is a long and sordid history since Bloch took over the OSC of cronyism, political bias, shirking, and unfair treatment of staff. Scott Bloch makes former FEMA director Michael Brown look like a brilliant leader and seasoned professional by comparison.

This explains how the OSC managed to produce an preliminary investigation on the Sternberg affair that is so completely divorced from reality. Put simply, it was a political hatchet job, yet another in a long line of abuses that the OSC has become infamous for. What’s perhaps most telling about all of this is that in spite of having a major backlog in cases, in spite of trying to pare down this backlog by dismissing meritorious cases without investigation, the OSC somehow found the time to investigate a case for which they knew they had no jurisdiction. Amazing, isn’t it? If you are a whistleblower who needs protection, or a gay federal worker who’s been discriminated against, the OSC simply doesn’t have time for you. They’re too busy pursuing cases outside of their jurisdiction in service of the Culture Wars.

Considering that Sternberg should have known that the OSC lacked jurisdiction, it is my belief that the Discovery Institute referred him to Bloch’s office knowing that even though the case was outside the OSC’s purview, even though there were more appropriate venues for handling a legitimate grievance of this kind, Bloch and McVay would dutifully issue a preliminary report that would serve the propaganda purposes of the DI. One even wonders if the DI wrote the report for them.

Reuland has more at the Panda's Thumb.

(The Sternberg affair is described here, here, and here.)

UPDATE (May 7, 2008): The FBI raided Scott Bloch's home and offices yesterday, Tuesday, May 6, 2008, seizing computers and shutting down email service as part of a Justice Department probe.

UPDATE (October 27, 2008): Scott Bloch has been fired.

NY Times: Theater of the Absurd at the TSA

The December 17 New York Times has a great article on airport security, with quotes from Bruce Schneier and Matt Blaze. A few key paragraphs:

The root problem, as some experts see it, is the T.S.A.’s reliance on IDs that are so easily obtained under false pretenses. “It would be wonderful if Osama bin Laden carried a photo ID that listed his occupation of ‘Evildoer,’ ” permitting the authorities to pluck him from a line, Mr. Schneier said. “The problem is, we try to pretend that identity maps to intentionality. But it doesn’t.”
...

WHEN I asked Mr. Schneier of BT Counterpane what he would do if he were appointed leader of the T.S.A., he said he would return to the basic procedures for passenger screening used before the 2001 terrorist attacks, which was designed to do nothing more ambitious than “catch the sloppy and the stupid.”

He said he would also ensure that passengers’ bags fly only if the passenger does, improve emergency response capabilities and do away entirely with ID checks and secret databases and no-fly and selectee lists. He added that he would shift funds into basic investigation and intelligence work, which he believes produces results like the arrests of the London bomb suspects. “Put smart, trained officers in plainclothes, wandering in airports — that is by far the best thing the T.S.A. could do,” he said.

Hat tip: Bruce Schneier's blog.

The Year for Intelligent Design

John Lynch has a summary of the Intelligent Design movement's achievements for 2006, along with a short list of things they failed to achieve in 2006.

Richard Sternberg, false martyr for intelligent design

Ed Brayton reviews the new report to Rep. Mark Souder which argues that Richard Sternberg of the Smithsonian Institution, former editor of the Proceedings of the Biological Society of Washington, was a victim of persecution. The evidence in the report itself fails to support that conclusion, which appears to be politically motivated.

Brayton finds that:

1. What little ill-treatment Sternberg may have gotten (in fact, all of the comments expressing distrust and anger at Sternberg and urging his dismissal were made not to his face, but in private emails that he never saw) was largely self-inflicted, the result not only of his violation of procedures in regard to the Meyer paper, but in regard to several other instances of professional malfeasance and prior examples of poor judgement as PBSW editor.

2. The evidence does not support the conclusion that Sternberg was discriminated against in any material way. At absolute worst, he was greeted with professional mistrust and anger on the part of some of his colleagues, who were upset that his actions in regard to the Meyer paper brought disrepute to the Smithsonian and to them as associates. Disapproval and criticism, of course, are not the same thing as discrimination nor are they a violation of his civil rights.

3. Sternberg has grossly exaggerated several alleged instances of "retaliation" in the early days of the scandal. In particular, he claimed that he had his keys taken away, his access to the Smithsonian's collections taken away, and lost his office space. In reality, the keys and office space were exchanged as part of larger museum changes and he retains the same access today that all others in his position have.

4. The accusations, in particular, against the National Center for Science Education - that they conspired with Smithsonian officials to "publicly smear and discredit" Sternberg - are not only not supported by the evidence in the appendix, they are completely disproven by the emails contained therein.

5. All of that leads to the only possible conclusion: that this is a trumped-up report orchestrated by political allies of the Discovery Institute, particularly Rep. Mark Souder and former (I love saying that) Sen. Rick Santorum. They have put out a report that simply is not supported by the evidence and was designed, intelligently or otherwise, to support the disingenuous PR campaign that includes the attempt to position themselves as victims of discrimination.

Read the details at Dispatches from the Culture Wars. By my reading, the Smithsonian would have been well within its rights to give Sternberg the boot on the basis of his violations of policy and failure to take proper care of museum specimens which he had taken from the collections and was keeping in his office.

UPDATE: An earlier description of the Sternberg affair may be found here and here.

Cobb County, GA evolution disclaimer case settled

Cobb County's school officials have settled the lawsuit with Americans United for the Separation of Church and State, and will not place anti-evolution disclaimers on textbooks used in their science classes. It appears that they've chosen to settle rather than suffer a Dover-like defeat in the courtroom.

More at Dispatches from the Culture Wars.

Eminent domain extortion

Radley Balko describes an outrageous case of eminent domain extortion in Port Chester, NY:

With the blessing of officials from the Village of Port Chester, the Village's chosen developer approached [entrepreneur Bart] Didden and his partner with an offer they couldn't refuse. Because Didden planned to build a CVS on his property--land the developer coveted for a Walgreens--the developer demanded $800,000 from Didden to make him "go away" or ordered Didden to give him an unearned 50 percent stake in the CVS development. If Didden refused, the developer would have the Village of Port Chester condemn the land for his private use. Didden rejected the bold-faced extortion. The very next day the Village of Port Chester condemned Didden's property through eminent domain so it could hand it over to the developer who made the threat.

The 2nd U.S. Circuit Court of Appeals upheld this extortion under last year's Kelo eminent domain decision. The court ruled that because this is taking place in a "redevelopment zone" they couldn't stop what the Village is doing.

The case will be considered for review by the U.S. Supreme Court on January 5, 2007, and Didden's side is being supported by the Institute for Justice.

By the way, if you are considering any last minute end-of-year charitable donations, I highly recommend giving support to the Institute for Justice. They have received 4-star ratings from Charity Navigator for five years straight, they regularly win critical civil liberties cases in the courts, they do a great job of keeping donors informed of what is being done with their money, they don't continually pester you for more, and they have a strong record of acting in a principled manner. IJ holds regular entrepreneurship workshops, and operates state chapters in Arizona (the first IJ state chapter), Minnesota, and Washington.