6th Circuit Ruling Regarding Chuck Conces

From: concesposse@aol.com
Date: April 30, 2007 9:20:33 AM GMT-04:00
To: national_lawman@yahoogroups.com
Subject: [national_lawman] 6th Circuit ruling

Dear Lawmen: I have my appeal in the 6th circuit. Arnie provided this 6th circuit ruling. I will win my appeal.

One final note. After entering summary judgment and after a notice of appeal had already been filed, the district court granted the IRS's motion to supplement the record on appeal with materials never considered by that court. The IRS now concedes that doing so was improper. Although the materials added to the record on appeal were irrelevant to the disposition of the case, we nonetheless mention the matter in order to comment on the district court's rationale. In its order, the court stated that "since the action is likely to be appealed, and the documents serve to bolster the government's position in this case, this motion is hereby GRANTED." This statement exhibits a certain confusion regarding the proper role of a judge. A central tenet of our republic--a characteristic that separates us from totalitarian regimes throughout the world--is that the government and private citizens resolve disputes on an equal playing field in the courts. When citizens face the government in the federal courts, the job of the judge is to apply the law, not to bolster the government's case. Beaty v. United States, 1991.C06.42163 ¶ 32; 937 F.2d 288 (6th Cir. 1991).