Posts Tagged ‘Motion to Dismiss’

Since Department of Justice attorney, Ryan O. McMonagle, has consistently failed to defend the IRS’ record falsification scheme, he has resorted to the only remaining action available to him……to go into attack mode.

Thus, on September 18, 2017, he filed, in Judge Christopher R. Cooper’s court, “United States’ Motion For Order To Show Cause Why Counterclaim Defendants Should Not Be Held In Contempt”, with accompanying Memorandum. It should be noted that McMonagle is acting under the direction of Channing D. Phillips (United States Attorney for the District of Columbia) and David A. Hubbert (Acting Assistant Attorney General – Tax Division).

In response, on September 28, 2017, Michael and I filed “Ellis & McNeil Opposition to Motion for Show Cause & Motion to Notice Suspension of ASFR Record Falsification Program”. It opens with this statement: “For multiple reasons shown herein, Counterclaim Defendants Ellis and McNeil suggest that Ryan McMonagle’s recent Motion seeking an order to find them in contempt of this Court’s pre-filing sanction is meritless, filed solely to harass, and not for any legitimate purpose.”

Here’s the back story to bring you up to date on this development: Read the rest of this entry »

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I am the Plaintiff in this case, since I am the one who filed the lawsuit.  I don’t have an attorney, so, I am conducting this suit “pro se”.  “Pro se” is derived from Latin, and means “for himself”.

The Defendants are the Commissioner of the Internal Revenue Service (John Koskinen) and the United States Attorney General (Loretta Lynch).

The Defendants were provided an attorney from the U.S. Department of Justice (DoJ), whose name is Ryan O. McMonagle, a Trial Attorney in the Tax Division.  He is acting under the direction of Caroline D. Ciraolo-Klepper, Acting Assistant Attorney General, Tax Division.

The judge in this case is The Honorable Colleen Kollar-Kotelly, who presides in the U.S. District Court for the District of Columbia.

November 13, 2015 was the deadline for me to file my response to the DoJ’s Motion to Dismiss, and, I did so one day early, on November 12, 2015.

Here is the link to my “Opposition to DoJ Motion to Dismiss”:

007 – 20151112 – McNeil – USDC – Opposition to DoJ Motion to Dismiss (16 pages 130kb)

http://www.ram-v-irs.com/CV-Docs/007-20151112-McNeil-USDC-Opposition-to-DoJ-Motion-to-Dismiss.pdf

In addition to filing my Opposition, I also sent what is known as a “Safe Harbor” letter to DoJ’s Caroline Ciraolo-Klepper and Ryan McMonagle. Under Rule 11 of the Federal Rules of Civil Procedure, a judge may impose sanctions on an attorney and/or party if a pleading was filed for an improper purpose, was unwarranted by law, lacks evidentiary support, or was frivolous. The rule includes a safe harbor provision, so that sanctions may not be imposed if the challenged claim is withdrawn within 21 days of a motion for sanctions.

DoJ’s Motion to Dismiss contained a litany of presumptions, innuendo, mischaracterizations, and false claims presented in a transparent attempt to mislead the Court. On its face, these actions constitute obstruction of justice.

If that Motion is not withdrawn by December 3, 2015, I will file a Motion for Sanctions against Ciraolo-Klepper and McMonagle.

Read the Safe Harbor letter here:

008 – 20151112 – McNeil – DoJ – Safe Harbor Letter to Ciraolo-Klepper and McMonagle (4 pages 45kb)

http://www.ram-v-irs.com/CV-Docs/008-20151112-McNeil-DoJ-Safe-Harbor-Letter-to-Ciraolo-Klepper-and-McMonagle.pdf

I am providing these documents to educate you about the IRS’ record falsification scheme that destroys an untold number of American lives each year.

Along with my suit, and Michael Ellis’ suit (Case No. 1:14-CV-0471), a third lawsuit of this nature, DePolo v. Ciraolo-Klepper, was recently filed in the U.S. District Court for the District of Columbia. More lawsuits will follow.

“We the People” were never intended to live under the tyranny created by a government agency that commits fraud, then conceals it. We are fighting the battle to stop it.

Please share this post far and wide.

In liberty,

Bob McNeil
21st Century American Revolutionary
Founder/President – American Citizen Party

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24
Apr

Ram 2 ~ IRS 0

   Posted by: BobMcNeil    in IRS

In The Art of War, Sun Tzu said “To win without fighting is best.”   That is what happened in Federal Court on April 24, 2008.

Here are the details.

Read the rest of this entry »

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