Letter to Federal Judge Jack Weinstein

April 19, 2018

Judge Jack B. Weinstein

United States District Court

Eastern District of New York

225 Cadman Plaza East

Brooklyn, NY 11201

Re: CV-84-4998

Dear Judge Weinstein:

Once again I am writing you years later. I have attached the last letter I sent you almost a decade ago. You have now outlived both of my parents whom I alluded to in that letter. The 2016 death of my father has led to my most recent acts of non-violent civil disobedience. This letter to is enclosed in a copy of the greeting card that I just sent to the IRS and my congresspeople indicating my conscientious refusal to pay the $78,252 I owe in federal income taxes for 2017.

In looking at my notes from when I appeared before you as a defendant on January 31, 1985, you observed that you had to rule legally and could not act on the moral issue. You indicated a concern that each tax payer cannot decide what to fund and what not to fund. My summary written just after the hearing from my notes reads as follows:

Judge Weinstein, in ordering Larry Bassett to obey an IRS summons to provide information to allow collection of resisted 1980 to 1984 taxes, suggested, “Let justice work slowly.“ He acknowledged the sincere moral argument but said he must decide based on law rather than morality. He suggested a slow process based on legal advice. Making it clear that he did not want to send Larry Bassett to jail, he never the less argued that individual citizens cannot decide what government programs they will or will not pay their taxes to support.

In a brief court appearance in which the judge allowed 15 war tax resistance supporters in the court room to sit in the jury box in order to better hear the proceedings, the civil case USA V Bassett saw Bassett submit additional letters of support to the judge, make a brief prepared statement and participate in a brief dialogue with the judge.

Judge Weinstein said, “now, I think I understand your position but I say you want to consult with counsel. I am not going to ask you whether you are going to comply at this point because I don’t want to hold you in contempt at this point. So I am just going to grant the motion and order you to comply. And we will see where that goes.” When Bassett insisted on his firm position of noncompliance, the judge added, “you seem to be anxious to go to prison. Why rush it? Take your time. Let the wheels of justice grind slowly. They will grind, I assure you.”

I will also enclose my letter to the IRS from last year which will give you a little of the background about how I have ended up in the position of undertaking massive war tax redirection since the death of my father in June 2016. I have fully understood that the amount of money I have withheld from the military during my lifetime has not mattered whatsoever to the military. No general has ever seen a cut in her paycheck as a result of my resistance. But I am also totally confident that the literally hundreds of thousands of dollars that I have been able to redirect to good causes has absolutely made a difference in the lives of some people. No matter what the IRS does, they cannot take that away from me. You kept me out of jail in 1985 and I have not managed to get there since then so far. On the other hand my mother subsequently went to jail in Michigan on two occasions for committing civil disobedience against nuclear weapons. Both of my parents were significantly changed by my appearing before your court in 1985 and winning the case. We really didn’t want to win on the fifth amendment but it was a victory which stood up since it was not appealed and has been used by other war tax resisters since then.

You have a few years to look back upon and some thing that added years also adds wisdom. At least I have claimed that for myself on occasion and I am only 71. Both my parents lived into their 90s so I am hoping for another 20 years for myself. Do you have any thoughts about cases like mine where people with moral positions are determined to break the law? Has our 21st-century political and governmental scene given you any pause? When is your book coming out? Or has it already and I have just missed it?

Peace and love,

Can I say that to a judge?

LarryBassett

901 Jefferson St #6F

Lynchburg, VA 24504

In a brief, formal note, the judge responded that he could not comment on any cases, since he was still a sitting justice. He did eventually retire, but died shortly thereafter at the age of 99. His death and unique career were covered at that time in the New York Times.