Will Plainfield be another Waco?

by Mark Yannone

In defending themselves against a federal government they claim is operating outside the government's jurisdiction, Ed and Elaine Brown have filed 42 motions in Concord, New Hampshire's, US District Court and had every one denied. The couple then spent three days in court last week listening to the federal government try to build an income tax case against them.

"Of course the government failed. They didn't prove a thing. There's nothing to prove. We didn't violate a statute because there is no statute, and they don't even have jurisdiction. In fact, the court is operating out of a building that New Hampshire never ceded to the federal government--as the law requires in order to have jurisdiction over anyone who has ever been tried in that court!"

But it gets worse. When Judge McAuliffe gave the Browns a draft copy of the jury instructions he planned to deliver at the end of the trial, the contents convinced Ed Brown that McAuliffe would never let him present the kind of defense he planned.

Ed Brown called me on Saturday evening and said that it was clearly pointless for them to go back into that courtroom, and they will not go. Consequently, he fully expects an armed assault by law enforcement at his home on Tuesday, which he and his friend Michael believe will result in a Waco-type scenario. Quipped Michael, "At least we'll be warm."

Ed Brown said he had one simple message for America: "Now is the time for all good men to come to the aid of their country."


Update: 01/14/07

The nationwide call has gone out on Rick Stanley's Standing Up For America Radio Show for Americans to peacefully assemble at Ed and Elaine Brown's property line--armed with weapons and cameras-- to protect them with a virtual "wall of Americans." Their address is 401 Center of Town Rd, Plainfield NH 03781, their phone number is 603-675-2909, and their e-mail address is Edward.L.Brown@valley.net. [Listen] 17:31

Those who will be able to go to Ed and Elaine's aid are asked to please notify Rick Stanley by e-mail, so he can publish every one of them in the "Scoop Newsletter" (initials only, to protect privacy) and let America know about this showdown and what they can do to help.


Update: 01/15/07, 6 p.m. EST

As of 6 p.m. EST, Ed and Elaine Brown were resolute in their decision to not appear in court tomorrow . . . or any other day. Given the enormous cost of being found guilty, many might be willing to compromise--to ignore the lack of federal jurisdiction, to stand quietly as the judge rejects defense witnesses and forbids the admission of lawful evidence, and, as the judge prejudices the jury with misinformation, to smile brightly and make the best of it.

Some might count on the jury knowing about the principle of jury nullification, knowing that they have the right and the duty to judge not only the facts of the case but the law itself, despite what the judge may tell the jury. Federal judges know that juries may judge the law and disregard their instructions to the contrary, but they are not required to inform them of that right. Sadly, this is not something that is taught in government school either. This is not to say that Title 26 needs to be ignored! On the contrary, it needs to be enforced as written rather than as rumored incorrectly by federal employees.

Others might hope that at least one of the jurors had the wisdom and character of Marcy Brooks, a juror who questioned the federal government's startling inability to identify the statute that would make most Americans liable for an unapportioned direct tax like the "income tax." (Marcy Brooks delivered four "not guilty" verdicts as a result.) [Listen]

But no. Although history does provide some examples of justice being served in such cases, the Browns are firmly convinced that Judge McAuliffe will not allow the truth to reach this jury, nor will he allow the jury to make an unbiased, informed decision. Having watched Judge McAuliffe thoroughly corrupt the jury, Ed Brown believes there is nothing to be salvaged in Concord's (yet-to-be-ceded) US District Court.


Update: 01/15/07, 10 p.m. MST

Rick Stanley: I just got off the phone with Ed Brown. He has had a busy day, making preparations for a standoff, talking with government representatives, and talking with his wife, Elaine.

Elaine Brown: Rick, tonight the US Marshall, Gary DeMartino, and Dan Gildea, the court probation officer, phoned us regarding tomorrow.

They gave us information about continuing the trial versus plea-bargaining versus not coming in at all. According to them, if we go to trial and are found guilty on all counts, the maximum sentence would be 31 to 41 months, and the financial aspect would probably be somewhere between $2 million and $500,000. They do not want our house, they can offer payment plans, and in cases where the person, after leaving prison cannot pay the amount because they can no longer earn enough money, the government may not even get paid. Sentencing would be 90 days or more after conviction, and we would be free and able to work during that time. My dental license would not be revoked until sentencing, so I could continue to work--if I have any practice left at this point.

Plea-bargaining would probably reduce the sentence to about two years, with financial arrangements realistically structured.

The prison time would involve spending half the time in a prison camp, where there are no cells, but we would be in a dormitory situation, we would have jobs there, libraries, etc. The last half would involve going to a halfway house, where we would go out into the community to work, but return to the half-way house at night.

We have been laboring under the assumption that we would be facing 30 years and the loss of all of our assets. The marshal and the probation officer assure us that that is nowhere near the reality, but is as I have outlined above.

I (Elaine) have decided to go back into court tomorrow and finish the trial. I decided not to plea bargain, as that would be admitting to guilt. So I will address the jury tomorrow and hope I can convince them that we truly believe how right we are and hope for a lesser sentence--maybe get acquitted on some of the charges.

Ed, on the other hand, has decided to stay here and stand his ground. He feels he can make a bigger statement about the unlawfulness of the IRS and the injustice system by defying and fighting them. He is a man of such great honor, courage, and principle, as I have ever known. I fear for his life, but his honor is more important to him than his life. Thousands of people across the country have called and e-mailed in support of him and his principles. He feels that he will be dishonoring his principles and his fellow countrymen by going back into court. I must respect his wishes, but I am so afraid for him. I pray that he will survive this, and that we can be together again in this life; surely we will be together in the next.

Ed talked with Gary (the US Marshall) for about an hour. Ed said it was a pretty good conversation, and a good relationship was being formed with Gary. Ed stated to Gary that he would keep communications open with him as long as everything is done with respect and honor. Marshall DeMartino let Ed know clearly that he has to do something about bringing him in, or it would probably be taken out of his hands and probably some "black ops" (Ed's words) team of about 200 agents would probably come in to arrest him with helicopters and all that paraphernalia. Ed asked Gary to please not do that, or if he intended to do that, that he himself should not come, as Ed told him that he did not want Gary to get injured in any way.

Ed also reluctantly warned Gary that under these unlawful circumstances, if in the event that he or his wife were imprisoned or he or his wife were killed, then the parties responsible--at some point in the future, I don't know when--would be held directly responsible and join us. Ed told him that he is fully aware that "it is lawful to warn, but it is unlawful to threaten." Ed said for every action there is an equal or greater reaction. For their action they will be held equally or more responsible.

Ed has to stand by his word at any cost, and as his wife, I know that he will. He feels he must, at any and all cost, protect his nation and the people thereof. If it means to go full measure and sacrifice his life, he WILL do it. Hopefully, America will wake up for themselves and begin to do the same thing in their own states, because if they don't they will have already lost their nation.

Ed says simply, "Semper fi. Live free or die. Death before dishonor." God bless all, Ed says, and if he can't see you after this, then he'll see you on the other side.

Pray for us both.

Elaine and Edward Brown

Rick Stanley: The call for support has been made. Ed and Elaine Brown have made some decisions. Ed Brown is staying and will not give up. He has done absolutely nothing wrong, and the judge has conducted a kangaroo court, with which we are all so familiar. Ed and his lawyer have made 42 motions to present various defenses to clear their names, all of which were denied by the judge. Even the OMB [number] defense involving the bogus 1040 form was not allowed as a defense, which is "absolute" for the defense. The court is a sham. All courts to date have been shams regarding rights. No patriot to the Constitution could accept this, and what will happen from now on is exactly what is happening here.

Notice has been served to the government. The defense of Ed Brown moves forward, and we are continuing to ask patriots to surround Ed Brown's property and life with a ring of armed Americans with firearms and video cameras to protect a fellow American who is demanding that his rights be upheld against the fraud of a government that has overthrown this nation from within. This is the line in the sand. This is the flashpoint. This is the time of raised pitchforks. This is the time for Americans from all across the nation to say, "Not this time! Not on our watch. No more Waco's. No more Ruby Ridges. No more Gordon Kohl's. No more."

Let the preparations begin. I talked with Ed. He is well prepared. He can outlast them if others will put up a wall of Americans. Make sure you let Ed know of your support before you come, and he will welcome you. After the phone is cut off, just come and do what you must.

Ed Brown's phone is (603) 675-2909. His e-mail address is Edward.L.Brown@valley.net until the power is cut. They told him they won't do that. (Right....) He is self-sufficient and can live for years. He will be alone (without Elaine) after tomorrow as Elaine is going to the court tomorrow. Ed has some people—defenders--with him. There are people defending him now and more coming.

This is it folks. It may go on for many, many months, or years. It could be over in a matter of hours if you do nothing. This is the call for Americans to make the stand. What will you do? You have been talking for years. Is now the time? Is now the time to say to the government, "NO MORE"? Or will you stand by again and do nothing? I would like to see Ed Brown one day, alive.

God bless the fighters for freedom and liberty.

LIVE FREE or Die! LIBERTY in our Lifetime!

Rick Stanley


Ed Brown (or a spokesperson, depending upon what happens that day) will be on The Peter Mac Show on Tuesday, January 16, from 5 to 6 p.m. CST.


Update: 01/16/07, 10 p.m. EST

I spoke with Ed Brown tonight about today's events. He remained at home rather than submit to the court's disputed jurisdiction, but was assured by law enforcement that they would not try to arrest him today or tonight. Several people showed up near his home to show support and offer him protection. His wife Elaine did appear in court as she intended, and the court appointed her an attorney. Further proceedings were postponed until tomorrow because several jurors did not appear. According to Ed, Elaine is no longer afraid; now she is angry. Sadly, he reported that this battle with the federal government has destroyed their marriage.


Update: 01/17/07, 8:46 p.m. EST

The trial resumed today with Elaine Brown appearing without Ed. She made her closing arguments to the jury, and the jury got the case. Jury deliberations will begin tomorrow morning. Also in the courtroom were her son and about thirteen strong supporters from the community, who applauded at the conclusion of her statement.

Doug Kenline interviewed Ed Brown in his home to get additional details of the day's events. [Listen]

Fred Smart's phone conversation with Ed Brown today is incorporated in an artistic activist video. Please bear in mind that the sole focus here is the administration of tax law, not the character or cost of government. [Watch] 11:02

Update: 01/18/07, 10:15 p.m. EST

I just spoke with Ed and confirmed that their jury found them both guilty of multiple felony counts today. Sounding as calm and as resolute as ever, he said, "The charges are bogus. It's over. Pretty soon they're going to try to get me."

I read him the headline and first sentence from tonight's Associated Press story, as follows:

Armed Man Guilty of Tax Evasion Barricades Himself in New Hampshire Home

CONCORD, N.H. — A man who has holed up with armed supporters in his fortress-like house for most of his tax evasion trial was found guilty Thursday, along with his wife, of engaging in an elaborate scheme to avoid paying federal income taxes for a decade. [Full story]

Ed Brown calmly responded, "That's it. That's the last time I'm going to talk to these reporters. They're not interested in the truth."

This has been a victory for the government's educational system and another very sad day in America. It's bad enough when governments ignore property rights, but when your neighbors no longer understand their own rights and fail to acknowledge the property rights of others, the nation is lost. America's bloodshed of revolution will begin anew.


Ed Brown was interviewed on Free Talk Live after the verdict. [Listen] 19:19


Update: 01/19/07, 8:00 p.m. MST

NECN provided this video in which the news anchor and the reporter both authoritatively lie to the unsuspecting audience that Ed Brown "didn't attend a single day of his trial." In fact, Ed Brown attended three days of his trial--Tuesday through Thursday--and only decided to stop going to court when it became obvious to him that he was not going to be allowed to defend himself, when his witnesses were rejected by the judge, and when he heard Judge McAuliffe biasing the jury. Nevertheless, state-owned media never let truth get in the way of their government-promoting agenda, and this gang produced their typical hit piece without the slightest curiousity about the underlying facts of the case.


Update: 01/20/07

Supporters say raid on tax evader may turn violent

by Philip Elliott
The Associated Press

CONCORD – A former militia man convicted of tax evasion prepared for a government siege Friday as his supporters called for more people to show up at his fortress-like home and fight his arrest.

Ed Brown said he was ready for a swarm of federal agents to descend on his property to execute an arrest warrant. His wife and his supporters said they believe a confrontation could turn violent.

U.S. marshals said they have no plans to attack Ed Brown’s home in Plainfield or act quickly on a warrant for his arrest.

Some supporters said government aggression could lead to another Waco, Ruby Ridge, or Oklahoma City bombing. [Full story] [Source 2]


Scofflaw 'to nullify' tax plight

by Kristen Senz
Union Leader

Plainfield resident Ed Brown, who along with his wife was convicted of multiple felony tax evasion charges this week, said yesterday he and a group of legal analysts are preparing to take legal action "to nullify the whole problem."

"We're working on legal matters and actions," Brown said during a telephone interview. "This court is totally off the wall for its actions, and the record will show that clearly." [Full story]


FLASH! The IRS is absolutely right! In a very recent story published here, the IRS revealed to the media exactly what sections of Title 26 make Americans liable for the income tax, as follows:

The requirements are "clearly set forth" in the Internal Revenue section of U.S. Code, according to a November 2006 publication entitled, "The Truth About Frivolous Tax Arguments." The article specifically cites sections 6011(a), 6012 and 6072.

Section 6012 (a), in particular, says "every individual" who does not meet certain exemptions shall make "returns with respect to taxable income."

Further down, section 6151 says the person making the return "shall pay such tax at the time and place fixed for filing the return."

Wow! The IRS was right all along!

Well . . . except for a couple of huge, non-frivolous details. Please look up the meaning of the term "taxable income" as defined in the relevant law. And while you're poring over all that tax law, you might dip into the several Supreme Court decisions that clarify the effect the 16th Amendment had on the constitutional prohibition of an unapportioned direct tax. And look into the meaning of "employer," "employee," "person" and all the other common words that are precisely defined in the relevant law.

I don't think Title 26, the related regulations, the Supreme Court cases, and the United States Constitution are too frivolous to read, do you? Just because they don't teach this in government school doesn't mean you can't read it for yourself, does it.


Update: 01/25/07

Bob Schulz, Chairman of We The People Foundation, provides a comprehensive analysis.


Update: 01/27/07

Dave Champion evaluates the jury instructions and offers a solution for all future income tax cases.


[Earlier stories]


See also: Quest for Fair Trial in Concord NH

See also: Index of coverage

Update 02/23/09: Browns face conspiracy, arms counts