(Slave Freedom Movement)

Saturday, May 24, 2003

Day Forty

Today is day forty of the fast. We had Bob Schulz here. He's flying back to Chicago now I understand. We had Presidential nominee Michael Badnarik from the Libertarians show up. We had about 75 people show up. It was a really nice crowd. I got pretty naucious so I had to leave about 30 minutes early. There's probably a good chance that I will end the fast. I think that going to have to be the moral choice. (Editor's note: We had people from San Francisco, California, Birmingham, Alabama, St. Louis, Missouri, and various other places. Truely an amazing turnout. We all toasted in the Texas heat and had a really fine time. The guards over at the IRS compound thought we might be having a bit too much fun so they called the Austin Police on us. The fine officers that showed up were quite polite and told us we were doing OK as long as we stayed out of the street - they rode off and we didn't see them again. When everyone dispersed the site was clean - as if we were not ever there. Oh yes, all the local news media, each station, told this caller that we were listed in their assignments book and yet only one TV station showed up. Too bad, they missed the only 'news' that happened in Austin today. Makes one wonder whatever else do they miss? Hats off to Bob Schultz for taking time to visit! As of this evening Gene is doing well and resting comfortably.)

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Worldnetdaily Covers Gene Chapman

A Texas man in the 40th day of a hunger strike will be surrounded by supporters today as he hosts a rally meant to draw attention to his willingness to die for his cause.

Read the entire article here.

Brett Heeke Responds

From: Brett Heeke

Based on the Kay Bailey Hutchinson fax, I called Nancy Aiello's office to dig deeper into the response that was made.

It turns out that Rosemary Wallace who works for Nancy worked with a legal counsel to draft the response to Kay Bailey. I asked her and Nancy about Treasury Decision 2303 and they did not know of it. That's when they admitted the letter was drafted by a legal counsel. I then asked them to forward some rebuttal questions to this person. They said they would do so. Here is what I sent to them on Friday at 2PM.

-----Original Message-----

From: Brett Heeke
Sent: Friday, May 23, 2003 1:17 PM
To: ''
Subject: Hi Rosemary

Hi Rosemary,

Thank you for taking my call today.

Please forward the following to the appropriate legal counsel that drafted the letter to Senator Kay Bailey Hutchinson and Congressman Burgess of Texas in response
to the fast that Gene Chapman is pursuing.

It would be appreciated if I could get a response as soon as possible.

Brett Heeke


Page 3 of the letter states: The Sixteenth Amendment to the Constitution removed the need for the apportionment of an income tax, and the Supreme Court upheld the constitutionality of an income tax enacted after ratification of the Sixteenth Amendment in Brushaber v. Union Pacific Railroad Co. 240 U.S. 1 (1916)."

Given this statement, I have some questions for you:

According to Article 1, Section 8, Paragraph 1, Congress has the power to lay and collect Taxes, Duties, Imposts, and Excises. It stipulates all Duties, Imposts, and Excises shall be uniform throughout the United States.

What are excises?

Article 1 Section 9 stipulates that no Capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration.

What are direct taxes?

The 16th Amendment states that Congress shall have the power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration. In your opinion, what did the 16th Amendment accomplish? Did it repeal Article 1 Section 9 clause above?

The Supreme Court ruled early on that the 16th amendment did NOT change anything:

The Sixteenth Amendment... has no real bearing and may be put out of view. As pointed out in recent decisions, it does not extend the taxing power to new or excepted subjects." [William E. Peck & Co. v. Lowe, 247 U.S. 165 (1918)]

According to the Supreme Court in Brushaber v. Union Pacific (240 U.S. 1), and again in Stanton v. Baltic Mining (240 U.S. 103) the income tax is, and has always been, an indirect "excise" tax, which never required apportionment. The Secretary of the Treasury agreed with the Court in Treasury Decision 2303:

"The Sixteenth Amendment. The provisions of the sixteenth amendment conferred no new power of taxation, but simply prohibited [Congress' original power to tax incomes] from being taken out of the category of indirect taxation, to which it inherently belonged, and being placed in the category of direct taxation subject to apportionment."[Treasury Decision 2303]
Additionally, the Internal Revenue Manual says the following, in section (05-14-1999): Importance of Court Decisions

1. Decisions made at various levels of the court system are considered to be interpretations of tax laws and may be used by either examiners or taxpayers to support a position.

2. Certain court cases lend more weight to a position than others. A case decided by the U.S. Supreme Court becomes the law of the land and takes precedence over decisions of lower courts. The Internal Revenue Service must follow Supreme Court decisions. For examiners, Supreme Court decisions have the same weight as the Code.

3. Decisions made by lower courts, such as Tax Court, District Courts, or Claims Court, are binding on the Service only for the particular taxpayer and the years litigated. Adverse decisions of lower courts do not require the Service to alter its position for other taxpayers.

Furthermore, the Congressional Record from March 27, 1943 stated this: The income tax is, therefore, not a tax on income as such. It is an excise tax with respect to certain activities and privileges, which is measured by reference to the income that they produce. The income is not the subject of the tax: it is the basis for determining the amount of tax. House Congressional Record, 3-27-43, page 2580

Given all this, how can wages earned in any State of the Union be lawfully subject to an indirect excise tax?

Friday, May 23, 2003

Day Thirty-Nine

It's day thirty-nine of the fast. I just talked to Bob Schulz on the phone, I think he's on the runway because the told him to turn his phone off. We chatted a little bit. He'll be due in tonight at around 7:00 PM here in Austin. People are talking like it's going to be a pretty good turn out for the media and so forth. There's several different people calling the media and telling them about the meeting there at Woodward and Parker at 10:00 a.m. to 1:00 p.m. tomorrow morning. I had an interesting email today. It's a quote from Winston Churchill that I wanted to read. It says

"Still, if you will not fight for the right when you can easily win without bloodshed, if you will not fight when your victory will be sure and not so costly, you may come to the moment when you will have to fight with all the odds against you and only a precarious chance for survival. There may be a worse case. You may have to fight when there is no chance of victory, because it is better to perish than to live as slaves." Winston Churchill.

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Thursday, May 22, 2003

Day Thirty-Eight

This is day thirty-eight. I've been sitting here in the dark all day trying to rest. I'm having a little trouble holding down water. Not too much trouble but a little trouble this morning holding down water. I'm exploring ways to drink water now. I have moments where I'm fresh and bright and I have other moments where I'm just as dizzy as you can imagine. They got the letters from Kay Bailey Hutchison and from Congressman Burgess out to Irwin Schiff now for his evaluation and comment. Just more doublespeak it looks like from the government.

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In a government of the people, by the people, and for the people I think it's important that we contemplate what liberty really means in the minds of the founding fathers. And of course the Bible is the theological presupposition for the Constitution.

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Well I always have my references to "A fools voice is know by a multitude of words.", the Bible says in Proverbs. That's the first thing that popped up in my mind. You would think "Where is my tax liability in the law?" would be a chapter and verse kind of thing. We preachers are big on chapter and verse and so that's what I was looking for.

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Otherwise you're going to be dealing with violent revolution down the road and I think we need to try to do everything we can to stay away from violent revolution if at all possible.

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Responses From Senator And Congressman Have Been Posted

The full replies from Senator Kay Bailey Hutchison and Congressman Michael Burgess have been posted at Gene's web site...

Remembering Bobby Sands

...on this day in the year 1981: Bobby Sands dies in prison

Hunger striker Bobby Sands has died in prison 66 days after first refusing to eat.

Wednesday, May 21, 2003

Senator Hutchison Faxes Response To Gene Chapman

We only have the cover page at this time. Stay tuned for scan of full document.

Fax from Senator Hutchison.

Day Thirty-Seven

Today is day thirty-seven of the death fast. I want to keep inviting everyone out Saturday at 10:00 AM to 1:00 PM for the rally. Bob Schulz will be there. I understand they're trying to get one of the Libertarian Presidential nominees, Michael Badnarik, showing up as well but I'm not positive about that one. Within minutes we had communication with both Congressman Burgess' office in Washington and Senator Kay Bailey Hutchison's office here in Austin, and they are faxing the responses that they've received in their offices respectively from the IRS or whatever government agencies that define my tax liability in the law. They're faxing it up to Fred Smart up in Chicago and he's going to put them online as he receives them. Of course we'll have to forward them to Irwin Schiff and allow him to evaluate them for his commentary. And of course we'll want Larken Rose and others to have the opportunity to respond along with Bob Schulz and others, Thurston Bell and so forth.

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I spent a littel time on the phone with the director of the M K Gandhi Institue For Non-Violence in Memphis, Tennessee today. She and I talked about the morality of the fast and I read several letters that Mahatma Gandhi wrote that's kept on their website. Letters that he had written about motivations for fasting. Proper motivations and improper motivations. I feel that my motivation is proper because I'm simply asking a question. There's a paragraph at the end of one of the letters he writes, I think it's The Ethics Of Fasting on the website there, and he talks about it's wrong to coerce someone who believes that they are right but just to get an answer to a question is not a problem.

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I'm still hanging in there and still going strong for the fast. We have to evaluate both sides of the material and be objective about it. We have to let our opponents have an equal opportunity to make their case. We have to become one with truth. If they present the truth we have to move toward that truth and respect it. And we hope the opponents will come towards truth as well.

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Tuesday, May 20, 2003

Day Thirty-Six

Today is day thirty-six of the death fast. I've stopped doing all interviews and forwarded them on to Fred Smart up in Chicago to be handed over to Bob Schulz. He'll be coming down Saturday. I'm just too tired to be doing all that anymore. I'm laying here and most of the time I have the TV off and just quiet. I'm sitting here in the dark with the shades closed and just in prayer. I'm just trying to keep calm. I'm kind of moving in and out of another spiritual dimension I guess you'd say. And that's one reason I want to stop the news interviews is because I need to have that quiet time with God. I have a letter to President Bush that should be going on my Austin web site here pretty soon. It's just kind of some last thoughts in the event that I die. My mind, my clarity is disappearing and so I'm not feeling confident to do any more interviews but of course I'll be out Saturday at 10:00 AM with Bob Schulz. He's made a national plea to the people at We The People to come out for the meeting. This may be my last week, I don't know. We'll see.

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That's about all I can do folks. I'm going to have to leave it in your hands and God's hands and let ya'll carry this thing on any further. I've made arrangements for my funeral at the Lakewood Church in Houston, Texas. I want four songs sung. I want Yesterday from the Beatles. By an acoustic guitar with a singer. I want Blackbird by Paul McCartney on acoustic guitar with a singer. And then there's a lady there named Faye Carter and she's a vocalist there at Lakewood in Houston where I attend church. And I want her to sing two songs. I want her to sing Where Could I Go But To The Lord and the last one is Precious Lord, it's a song I taught her. And she'll know exactly what song it is. I want the procession to go out to the San Jacinto Monument, I call it the Alter Of Freedom that Abraham Lincoln wrote about. It's where I go to pray a lot. Of course I had family that fought there with Sam Houston against Santa Anna so it's a place that I go to pray quite often. I want my Mother to scatter my ashes there under the oak trees with the funeral procession. And that's about it. I just want to make sure I got that out there before I lost any more clarity. I'm going to leave it in God's hands now.

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Bob Schulz Will Be With Gene Chapman On Saturday

“I will be with Gene on Saturday,” said Bob Schulz. “I urge everyone to make the sacrifice. Be there. Bring your ‘Live Free or Die’ and ‘Liberty’ flags. Wear your ‘Tyranny Response Team’ windbreakers. Let’s all hold hands and pray for Gene. Let us pray with Gene that our servant government will finally honor its obligation to respond to the People’s Petition for Redress of Grievances regarding the income tax. Let us all pray for the courage of our convictions as we collectively commit to retain our money until these grievances are redressed.”

Read the entire article here.

This was front page news today at

Gene Chapman Front Page News At Worldnetdaily

Gene Chapman made the front page news today at Worldnetdaily. Read the entire article here.

Gene Too Tired For Radio Interviews

I received a call from a Houston radio show Peggy and from Fox News Live John Constantino 212-301-3337. I called Gene and Gene told me that he is too tired to do any more radio interviews. He said he will try to do the audioblog interview here at tonight.

Monday, May 19, 2003

Day Thirty-Five

Today is day thirty-five of the death fast. I just emailed Arun Gandhi, Mahatma Gandhi's grandson, for the first time of the fast. Of course he had given me his blessing for the fast a few months ago along with Pat Robertson from CBN. I wanted to let him know that we were 35 days and told him how much I appreciated his prayers and so forth. We're supposed to be on KTSA tonight at 5:05 PM CST. They're working right now to get Senator George Voinovich from Ohio to be on the radio with me and see if we can get verification of his agreement with the White House for the agreement that they will rewrite the entire tax code. We don't want any misunderstandings there.

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Keep calling those Senators and those Congressmen. Senator Kay Bailey Hutchison, Congressman Michael Burgess. Call 'em up. Tell 'em what's going on. Be sure and come out this Saturday, May 24, for the rally outside the IRS building there at the corner of Woodward Street and Parker Lane here in Austin 10:00 a.m. to 1:00 p.m . Bring your friends - all of them! I think Bob Shulz is supposed to say something about it on We The People. We got people coming from Little Rock and maybe even as far away as Virginia. Hope to see you - yes, you! Perhaps if enough people show up the news media will notice that there is something more to this than just a guy losing some weight. And to put things into perspective - Gene may not make it to Saturday, May 31.

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Appreciate the link - thanks!

Sunday, May 18, 2003


Creates Blue Ribbon Commission to Recommend Comprehensive Tax Reform

Thursday, May 15, 2003

WASHINGTON – The U.S. Senate today unanimously passed an amendment by U.S. Senator George V. Voinovich (R-OH) creating a special blue ribbon commission to make recommendations to Congress on comprehensive tax reform. The amendment was added to the stimulus tax cut bill currently being debated in the Senate.

“Throughout the debate on the stimulus package I have become increasingly convinced of the need for overall tax reform. We need a tax code that is simple, fair and honest and this amendment starts that process. It’s long overdue,” said Voinovich.

Read entire article here.

Thank you David Marsh for the link.

Bob Schulz Responds To IRS Email

Yesterday, the IRS responded to an e-mail sent on behalf of Chapman to the IRS internet “help line.” The carefully worded deceptions in the responses are worth noting for the record given that a man is about to die to get his single question about US tax law answered.

The most glaring problem with the IRS response is that, once again, IRS fails to cite any specific law that actually makes Gene Chapman, or anyone, liable to pay the tax. The e-mail response from IRS is reproduced below in italics with WTP comments noted.

Read the full article here.

Thurston Bell Responds To IRS Email

Thurston Bell has responded to the email sent to Gene Chapman by the IRS.

This webpage, from my understanding of the words used, assumes that liability is already established as well as an amount, as it discusses the fact that taxes must be paid. This is not responsive to the specific question of Mr. Chapman, and is an AUTHORITARIAN statement that is not acceptable to a free society.

This situation that the IRS is facing with Mr. Chapman and thousands and thousands of the growing informed is fomented for one reason alone. THE IRS CANNOT AFFORD DISCUSSION OF THE LAW FOR IT CANNOT AFFORD FOR ITS EMPLOYEES TO BE EDUCATED ON THE LAW. Losing those employees is a loss of their FORCE MULTIPLIER,....TERROR/FEAR.

Read Thurston's response at the Thurston Bell blog.

Here is the permalink to Thurston Bell's response.

Day Thirty-Four

Today is day thirty-four of the death fast. We didn't make it into the Austin American Statesman that I'm aware of as I had been informed by the reporter the other day. It's about the hardest and the easiest job I've ever had, the fast. You lay here 22 or 23 hours a day in bed. I sleep a whole lot now. You think well that's easy, but you got to realize your talking to a man who's used to working sixteen hours a day six and seven days a week for years at a time. Driving trucks over the road. I have a lot of desire to be out there watching the trees go by.

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Barring me fallilng down dead from a heart failure from the fifty pound weight loss in thirty days, I've got another two or three weeks left before I would expect to not be able to go on with life. Beginning of June or so that's probably going to be all I've got left in me. We are definitely in the death zone.

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