Joseph R. "Joe" Banister

Sunday, December 05, 2004


Freedom Above Fortune News

From : Joseph Banister
Sent : Sunday, December 5, 2004 6:53 PM
To : List
Subject : Formal "Joseph Banister Legal Defense Fund" Opened

Dear Friends,

I would like to announce the formal creation of the "Joseph Banister
Legal Defense Fund". This is the official destination for financial
contributions made to help me to defend against the forces lined up
against me. For those who contributed after my first announcement,
please do not worry. Your contributions have been processed without any
difficulty. For future contributions, it would be a great help if
donations could be made payable to the "Joseph Banister Legal Defense
Fund". You can still mail the payments to the same address, just write
Joseph Banister Legal Defense Fund, P.O. Box 90239, San Jose, California
95109-4239 on the envelope.

Please pray for this effort as often as you can. Someday I will be able
to share with you specific details as to how your prayers have helped.
If you have contributed financially in the past or plan to contribute
financially in the future, please know that this fight would have ended
long ago were it not for the generosity of Americans like you all across
the country. I know you realize that the outcome of this effort affects
all of us, although for the time being, I have been placed in the "eye
of the storm".

I have many experts and professionals who have stepped forward to assist
me. Your contributions help me to afford the significant time the team
must contribute to winning this effort and to afford the significant
expenses associated with such an effort.

I have included below the initial announcement I had sent out on Monday,
November 22nd with a couple of revisions in brackets. Thank you so very
much for standing with me.

I awoke last Thursday morning [November 18, 2004] to the arrival of
uninvited visitors at my home. I do apologize for not corresponding with
all of you sooner, since it has been your faith, hope, prayers, and
financial support that has done so much to reassure me in this long
struggle. The delay could not be avoided because I needed private time
with my family and trusted friends. The time was useful and productive.
Now the time has come to act.

Most of you are well aware of previous [character] assassination
attempts on my personal and professional life. In obvious desperation,
the IRS has had to hunt around its slimy cave for a bigger club because
the ones the agency had used in the past were not working as planned.
The club now being swung against me is an attempt to take away my
personal freedom. As you know, I am married and my wife and I have two
young boys, aged 16 and 13. I want you to know that we are doing
alright, although you can probably imagine what you would think of all
of this if you were 16 or 13 years old, or a loving spouse. There are
many things that need to be done in the coming months. My immediate
family has always been there to stand by me and their support has given
me great strength. Now that this latest event has occurred, I need to
reach out to my extended family around the country yet again to help me.

The IRS instills fear in even its most patriotic citizens through the
clubs it wields, and it has come after me with the biggest one it has.
One of the concerns that always hovered in the back of my mind was how
to defend against the bully's club and still fulfill my duties to
provide for my wife and my children. This quandary -- between
questioning the IRS when I felt what they did was wrong and meeting my
duties to my own family -- faces too many Americans because of the
disparity of power between them and the IRS, and we all know too well
how the IRS profits from this disparity.

My faith perseveres. I cannot know what it is like to feel such stress
that I sweat blood in the garden of Gethsemane or to stand amidst God's
most fearsome creatures in a den of lions. But, my parents and my
teachers raised me to appreciate those who did, and to do my best to
follow, however humbly in comparison, in their footsteps. I have tried
not to forsake that path.

That is why I have always believed with all my heart that if a day came
when defending against the bully's club brought hardship to those I care
most about, that somehow, someway, God would provide. With that faith
buried in my heart and alive to this day, I forged ahead and blew the
whistle on the most feared entity in our country.

That day has arrived. Defending myself must become a full-time
commitment in the coming months, with little time available to support
my family. In order to mount the best defense possible, a defense
necessary to protect every conscientious American who yearns for honesty
in taxation and honor in our public officials, I dearly need your
spiritual and financial support. I believe those who wish to throw me in
this lion's den have made one mistake -- they do not realize that I am
not alone there. To provide for my family and continue my struggle to
expose how the IRS does business, I need your help.

No matter how you support me, please know that I deeply appreciate it.
You are the check against the abuse of power. Every contribution you
make protects my family and helps me focus on preparation of my defense.
The mailing address is [Joseph Banister Legal Defense Fund, P.O. Box
90239, San Jose, California 95109-4239]. If you have privacy concerns
regarding the mailing envelope, feel free to put the P.O. Box address in
the return address space rather than your own. If you wish, cash
donations or money orders are also fine, as well as checks.

Please inform as many of our fellow Americans as possible about my
situation. Forward this email to as many people as possible. There are a
number of spokespeople who will be speaking out about how my IRS
whistle-blowing activities have led me to this point. The point of
contact is Attorney Robert E. Barnes (rebarnes@bernhoftlaw.com). Please
respect the fact that Mr. Barnes has a very busy schedule and email
contact is best (and being very specific in the subject field of the
email). Please contact radio talk show hosts, both national and local.
Some ideas are Alan Colmes, Sean Hannity, Michael Reagan, Michael
Savage, Rush Limbaugh, Bill Press, Ken Hamblin, Dr. James Dobson, G.
Gordon Liddy, Geoff Metcalf, Barbara Simpson, Claude Howard, and Joseph
Farah. Any of the preceding names can be entered into www.google.com to
find out how to contact them. Let them know how important this story

I truly wish I could individually thank each and every one of you
helping me. It is you that keeps hope alive. Please know that I am ever
grateful for your support.

-For those who have received this message as a forward from someone
else, you can sign up to receive these messages directly by visiting
www.freedomabovefortune.com and clicking on "Mailing List".

-For those who are unfamiliar with what has transpired to date in this
case, please visit www.freedomabovefortune.com and click on "IRS LOCKOUT
UPDATE" or visit www.joebanister.blogspot.com . You can also find
archives of informative radio shows at www.hearliberty.com .

-My sincere thanks to those who have prayed for the success of our
efforts and contributed to my defense fund. Your continued financial
support is enabling me to illustrate, in detail and in a very public
manner, that the IRS does not prevail against citizens because the
agency adheres to the rule of law, but that the IRS prevails against
citizens because the agency ignores the law, twists the meaning of the
law, and overwhelms the citizen with economic and legal burdens. In a
school yard, such tactics are called "BULLYING". In a government
setting, such tactics are called "TYRANNY". This effort is the
equivalent of ganging up on the bully and sending him to reform school
where he belongs.

Kind regards,

Joseph R. (Joe) Banister, C.P.A.
Former IRS Criminal Investigation Division Special Agent

George Orwell, 1984:

"You are a slow learner, Winston," said O'Brien gently.

"How can I help it?" he blubbered. "How can I help seeing what is in
front of my eyes? Two and two are four."

"Sometimes, Winston. Sometimes they are five. Sometimes they are three.
Sometimes they are all of them at once. You must try harder. It is not
easy to become sane."


Jeff Dickstein, lawyer"extraordinare" from California, later Alaska, Montana,Tennessee and now Oklahoma, has written a book entitled JudicialTyranny, which discusses this issue in great detail,including all the adverse decisions on this issue through 1989.When Jeff and I were about to start the conspiracy trial of VernHolland and Dave Mauldin in Tulsa in August, 1990, Jeff announcedthat his book was hot off the press. When we got the first copyand looked at his book just days before we were to start thattrial in federal court in Tulsa, we noticed that the front covercontained the seal of the local federal court as well as alikeness of one of the local federal judges. At times, Jeff canbe harrowing. However, we got a hung jury in that case andafterwards, 6 of the jurors, including the forelady, came andjoined Vern's patriot organization.

From here.


Banister is being represented by Don Kilmer of San Jose, California, well known as a champion of the Second Amendment and Jeff Dickstein, one of the premier criminal defense lawyers in the country regarding income tax matters.