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Context of '1974: Anti-Tax Protester Founds Group Opposing 16th Amendment, OSHA, Gun Control Laws'

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Arthur Porth, a Wichita, Kansas, building contractor, files a claim in a Kansas court to recover his income tax payment of $151. Porth argues that the 16th Amendment is unconstitutional because it places the taxpayer in a position of involuntary servitude contrary to the 13th Amendment. The court rules against Porth, but the defeat does not stop him. For 16 years Porth continues battling the income tax requirement, finding new and inventive challenges to the practice. He claims that the 16th Amendment “put[s] Americans into economic bondage to the international bankers,” a claim that the Southern Poverty Law Center will call “a thinly veiled anti-Semitic reference to the supposed ‘international Jewish banking conspiracy.’” He also argues that because paper money is not backed by gold or silver, taxpayers are not obligated to pay their taxes because “Federal Reserve notes are not dollars.” In 1961, Porth files an income tax return that is blank except for a statement declaring that he is pleading the Fifth Amendment, essentially claiming that filling out a tax return violates his right of protection from self-incrimination, a scheme that quickly becomes popular among anti-tax protesters. Porth becomes an activist and garners something of a following among right-wing audiences, traveling around the country distributing tax protest literature that includes a book, A Manual for Those Who Think That They Must Pay an Income Tax. He even issues his own “arrest warrants” against “bureaucrats” whom, in his view, violate the Constitution. In 1967, Porth is convicted of a number of tax evasion charges, but, as the Anti-Defamation League will later write, “he had already become a grass-roots hero to the nascent tax protest movement.” His cause is championed by, among others, William Potter Gale, who will go on to found the racist, anti-government Posse Comitatus movement (see 1969). Gale uses the newsletter of his Ministry of Christ Church, a church espousing the racist and anti-Semitic theology of Christian Identity (see 1960s and After), to promote Porth and the early tax rebellion movement. Porth exhausts his appeals and goes to jail; though sentenced to five years’ imprisonment, he only serves 77 days. One of Porth’s most active followers is his lawyer, Jerome Daly, whose activism eventually leads to his disbarment (see December 9, 1968 and After). Daly meets Porth in 1965 and files his own “protest” tax return just days before Porth is indicted by a grand jury. Daly is also convicted of tax evasion; in 1969, a federal appeals court will issue a ruling invalidating what has by then become known as the “Porth-Daly Fifth Amendment Return.” Porth receives the support of several far-right organizations, many of whom tie their racist views into his anti-tax protests. In a 1967 article for the far-right American Mercury magazine, tax protester and editor Martin A. Larson writes, “The negroes in the United States are increasing at a rate at least twice as great as the rest of the population,” and warns that the tax burden posed by blacks “unquestionably doomed… the American way of life.” Larson will later write regular columns for the white supremacist magazine The Spotlight, in which he will call black women prostitutes whose “offspring run wild in the streets, free to forage their food in garbage cans, and grow up to become permanent reliefers, criminals, rioters, looters, and, in turn, breeders of huge litters of additional human beings belonging to the same category.” He will also write several books promoting Porth’s anti-tax protest strategies. [Southern Poverty Law Center, 12/2001; Anti-Defamation League, 2011]

Entity Tags: William Potter Gale, Arthur Porth, Jerome Daly, Martin A. Larson, Southern Poverty Law Center, US Federal Reserve

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

One of a number of semi-official ‘Christian Identity’ logos.One of a number of semi-official ‘Christian Identity’ logos. [Source: KingIdentity (.com)]The “Christian Identity” theology, formerly a fairly benign expression of what is known as “British-Israelism” or “Anglo-Israelism,” begins to spread throughout the US and Canada, particularly on the west coasts of these nations. This belief holds that white Americans and Canadians are the real descendants of the Biblical tribes of Israel. In 2003, author Nicole Nichols, an expert on far-right racist and religious groups in America, will define the concept of “Christian Identity” as practiced by many white supremacist and separatist groups. Christian Identity is not an organization, she will write, but an ideology that many organizations have adopted in some form or fashion. Christian Identity “elevates white supremacy and separatism to a Godly ideal,” she will write, calling it “the ideological fuel that fires much of the activity of the racist far right.” According to Christian Identity theology, Jews are neither the “true Israelites” nor the true “chosen people” of God; instead, Christian Identity proponents claim, Jews are descended from an Asiatic people known as the Khazars, who settled near the Black Sea during the Middle Ages. [Nicole Nichols, 2003; Anti-Defamation League, 2005; Ontario Consultants on Religious Tolerance, 5/30/2006] In 2005, the Ontario Consultants on Religious Tolerance will write, “Followers tend to be involved in political movements opposing gun control, equal rights to gays and lesbians, and militia movements,” and quote Michael Barkun, an expert on radical-right groups, as saying, “This virulent racist and anti-Semitic theology… is prevalent among many right-wing extremist groups and has been called the ‘glue’ of the racist right.” [Ontario Consultants on Religious Tolerance, 5/30/2006]
Beginnings; 'The Protocols of the Elders of Zion' - In the 1920s, William J. Cameron, editor of the Dearborn Independent weekly newspaper, popularized the anti-Semitic hoax manuscript called “The Protocols of the Elders of Zion,” which purported to detail the “secret teachings” of Judaism, including the planned takeover of the world’s governments, the subjugation of non-Semitic races, and the bizarre, cannibalistic rituals supposedly practiced by Jews. [Anti-Defamation League, 2005]
Wesley Swift and 'Mud People' - In the 1940s, a former Methodist minister, Wesley Swift, started his own church, later known as the Church of Jesus Christ Christian. Swift had deep ties to a number of radical right-wing groups including the Ku Klux Klan; Swift and his associates set the stage for the mutation of the Christian Identity into a loosely organized set of virulently anti-Semitic, racist belief systems that will come to be grouped together under the “Christian Identity” rubric. Swift himself taught that only the white race was created in the form of God, while Asian and African races were created from the “beasts of the fields,” and thusly are subhuman creations. In Swift’s version of Genesis, Eve, the wife of the first “true” man Adam, was seduced by The Serpent, who masqeueraded as a white man. Eve bore a son, Cain, who is the actual father of the Jewish people. This reinterpretation, sometimes called the “two-seed” or “seedliner” theory, supports the Christian Identity propensity to demonize Jews, whom Swift and others labeled the “spawn of Satan.” Today’s white Europeans and their American and Canadian descendants, Swift taught, are descended from the “true son” of Adam and Eve, Abel, and are the actual “chosen people” of God. Some Christian Identity adherents go even farther, claiming that subhuman “pre-Adamic” races existed and “spawned” the non-white races of the world, which they label “mud people.” [Nicole Nichols, 2003; Anti-Defamation League, 2005]
Permeates Racist, Far-Right Groups - By the 1960s, a new group of Christian Identity leaders emerges to spread the Identity theology through the radical, racist right in America and Canada, popularizing the once-obscure ideology. Most prominent among them are three disciples of Swift: James K. Warner, William Potter Gale, and Richard Butler. Warner, who will move to Louisiana and play a leading role in the fight against civil rights, founds the Christian Defense League and the New Christian Crusade Church. Gale, an early leader of the Christian Defense League and its paramilitary arm, the California Rangers, goes on to found the Posse Comitatus (see 1969), the group that will help bring about the sovereign citizen movement. Gale will later found the Committee of the States and serve as the “chief of staff” of its “unorganized militia.” Butler moves Swift’s Church of Jesus Christ Christian to Idaho and recasts it as the neo-Nazi group Aryan Nations (see Early 1970s). Under the leadership of Butler, Gale, Warner, and others, Christian Identity soon permeates most of the major far-right movements, including the Klan and a racist “skinhead” organization known as the Hammerskins. It also penetrates many extreme anti-government activist groups. The Anti-Defamation League will write, “The resurgence of right-wing extremism in the 1990s following the Ruby Ridge (see August 31, 1992) and Waco standoffs (see April 19, 1993) further spread Identity beliefs.” [Anti-Defamation League, 2005] Nichols will write: “Christian Identity enclaves provide a trail of safe havens for movement activists, stretching from Hayden Lake in northern Idaho (the Aryan Nations stronghold) to Elohim City on the Oklahoma/Arkansas border (see 1973 and After). Many white supremacists on the run from federal authorities have found shelter and support from Christian Identity followers.” Some organizations such as the Montana Militia are headed by Identity adherents, but do not as a group promote the theology. [Nicole Nichols, 2003; Anti-Defamation League, 2005]
Bringing Forth the Apocalypse - Many Christian Identity adherents believe that the Biblical Apocalypse—the end of the world as it is currently known and the final ascendancy of select Christians over all others—is coming soon. Unlike some Christians, Identity adherents do not generally believe in the “rapture,” or the ascendancy of “saved” Christians to Heaven before the Apocalypse ensues; instead, Identity followers believe Jesus Christ will return to Earth only after the time of the “Tribulation,” a great battle between good and evil, which will set the stage for the return of Christ and the final transformation of the world. Identity followers believe it is their duty to prepare for the Apocalypse, and some believe it is their duty to help bring it about. They tend to cast the Apocalypse in racial terms—whites vs. nonwhites. Identity adherents believe that worldly institutions will collapse during the “end times,” and therefore tend to distrust such institutions, making Identity theology appealing to anti-government ideologies of groups such as militia, “Patriot,” and sovereign citizens groups. [Anti-Defamation League, 2005]
21st Century Identity - In the 21st century, Christian Identity groups are strongest in the Pacific Northwest of America and Canada, and the US Midwest, though Identity churches can be found throughout the US and in other parts of Canada. Identity churches also exist in, among other nations, Ireland, Great Britain, Australia, and South Africa (see June 25, 2003). The Anti-Defamation League will write: “Yet while spread far it is also spread thin. Estimates of the total number of believers in North America vary from a low of 25,000 to a high of 50,000; the true number is probably closer to the low end of the scale. Given this relatively small following, its extensive penetration of the far right is all the more remarkable.” [Anti-Defamation League, 2005]
Identity Violence - Identity adherents commit a number of violent acts, often against government and/or financial institutions, in an outsized proportion to their small numbers. In 1983, Identity adherent Gordon Kahl kills two US Marshals who attempt to arrest him on a parole violation, and kills an Arkansas sheriff before finally being gunned down by authorities (see February 13, 1983 and After). The white supremacist terrorist group The Order (see Late September 1983) contains a number of Identity members, including David Tate, who kills a Missouri Highway Patrol officer while attempting to flee to an Identity survivalist compound (see April 15, 1985). During the 1980s, small Identity groups such as The New Order (or The Order II) and the Arizona Patriots commit bombings and armored car robberies. After the Oklahoma City bombing (see 8:35 a.m. - 9:02 a.m. April 19, 1995), Identity minister Willie Ray Lampley attempts a number of bombings (see November 9, 1995). In 1996, the Montana Freeman, led by Identity members, “stands off” federal authorities for 81 days (see March 25, 1996). Between 1996 and 1998, Eric Robert Rudolph, who has connections to Identity ministers such as Nord Davis and Dan Gayman, bombs an Atlanta gay bar (see February 21, 1997), several abortion clinics (see October 14, 1998), and the Atlanta Summer Olympics (see July 27, 1996 and After). In 1999, Identity member and former Aryan Nations security guard Buford Furrow goes on a shooting spree at a Jewish community center in Los Angeles (see August 10, 1999). [Anti-Defamation League, 2005]

Arizona tax protester Marvin Cooley writes a best-selling book, The Big Bluff, documenting the struggles of his fellow anti-tax protester, W. Vaughn Ellsworth. Cooley, whose gruff tirades against the IRS and the federal government make him popular on the far-right speaking circuit—in 1971, he wrote to the IRS: “I will no longer pay for the destruction of my country, family, and self. Damn tyranny! Damn the Federal Reserve liars and thieves! Damn all pettifogging, oath-breaking US attorneys and judges.… I will see you all in Hell and shed my blood before I will be robbed of one more dollar to finance a national policy of treason, plunder, and corruption”—includes sample letters and copies of his own tax returns in his book. Among Cooley’s adherents is Robert Jay Mathews, who will go on to found the violent neo-Nazi group The Order (see Late September 1983). In 1970, the 17-year-old Mathews, still living with his parents in Phoenix, becomes a sergeant-at-arms for some of Cooley’s meetings. In 1973, Mathews will use Cooley’s income tax theories to fraudulently list 10 dependents on his W-4 tax form, a common protest tactic that winds up with Mathews convicted of tax fraud (see 1973). Cooley, a vocal proponent of tax protester Arthur Porth (see 1951-1967)‘s “Fifth Amendment Return” strategy (refusing to pay taxes on Fifth Amendment grounds) will go to jail for tax evasion in 1973 and again in 1989. [Southern Poverty Law Center, 12/2001; Anti-Defamation League, 2011]

Entity Tags: Marvin Cooley, Arthur Porth, Internal Revenue Service, W. Vaughn Ellsworth, Robert Jay Mathews, US Federal Reserve

Timeline Tags: Domestic Propaganda, US Domestic Terrorism

Tax protester Ardie McBrearty founds the United States Taxpayers Union (USTU), an organization dedicated to abolishing the 16th Amendment (see 1951-1967 and 1970-1972), and also the Occupational Safety and Health Act (OSHA), consumer protection statutes, gun control laws, and other “unconstitutional” legislation. McBrearty, an avowed Christian Identity follower (see 1960s and After), will abandon tax protest in favor of armed white supremacist militancy, joining The Order (see Late September 1983 and August 1984 and After). He will eventually earn 40 years in prison for his role in The Order’s violent actions. [Southern Poverty Law Center, 12/2001] In a 1982 lawsuit, McBrearty will argue that a 1977 agreement with UTSU mandated that the group should pay “all necessary personal and family obligations of said individual [and] all costs incurred in the defense of a client member.” McBrearty will be convicted for tax law violations in 1979 and will sue the UTSU shortly thereafter. The courts will dismiss the lawsuit because such an agreement “contravene[s] public policy and [i]s therefore unenforceable.” [OpenJurist, 1/18/1982] It is unclear whether McBrearty’s loss of the lawsuit triggers his desire to join a more actively violent organization, such as The Order.

Entity Tags: The Order, Ardie McBrearty, United States Taxpayers Union

Timeline Tags: US Domestic Terrorism

Gordon Kahl, an anti-tax protester, Posse Comitatus member (see 1967 - 1973 and 1975 - 1981), and federal fugitive who killed two US Marshals in a February shootout in North Dakota (see February 13, 1983 and After), quickly gains national prominence as the media begins reporting on the fatal confrontation. Most media reports only identify him as a “tax protester,” failing to mention his Posse Comitatus membership and often leaving out the involvement of his son, Yorie Kahl, and two other Posse members who helped kill the marshals and wound three others. CBS news anchor Dan Rather goes farther than most of his colleagues, describing Kahl as “a radical survivalist, a fanatic, [and] an ultraright-wing tax protester” whom authorities describe as “a killer.” It does not take long for Posse Comitatus leader James Wickstrom (see 1984) to begin contacting the media himself, proudly announcing Kahl’s Posse connections and announcing: “The Posse in Wisconsin is on standby alert. All communications are locked in.” The government has, in pursuing Kahl, “declared war on the people of this country,” Wickstrom tells reporters. He adds that his organization has some three million members, though the FBI estimates its membership at closer to a few thousand; the number is hard to pin down, as many anti-tax protesters (see 1951-1967, December 9, 1968 and After, 1970-1972, 1974, 1976-1978, 1980, and Early 1980s) have at least some affiliation with the loosely organized group. As the FBI and local law enforcement officials mount a nationwide manhunt, Wickstrom, with some success, tries to turn the story away from Kahl’s murder of the two marshals and towards the story of the Posse’s anti-tax beliefs. “What we have here is a gentleman who is now being pursued in North Dakota on a setup to shut his mouth because the American people are waking up by the tens of thousands across this country, realizing that we have been duped by a private central bank,” he declares to a Milwaukee reporter. He makes an appearance on the nationally televised Phil Donahue Show, where he claims that his “heart really goes out to the US Marshals and the children of those marshals and their families.” Asked by Donahue if he would join Kahl’s wife in asking Kahl to turn himself in, Wickstrom changes the subject, arguing that Kahl’s civil rights have been violated and the real issues are farm foreclosures, corrupt courts, the income tax, the Federal Reserve, unemployment, foreign workers, and Jews. In 2002, author Daniel Levitas will write, “Phil Donahue’s dialogue with Wickstrom was oftentimes inane, and though he clearly didn’t agree with his guest, he gave Wickstrom a tremendous platform to spread his ideas.” Wickstrom will use his media appearances to mount a longshot candidacy for governor of Wisconsin. [Levitas, 2002, pp. 201-204] Four months later, Kahl will die in a bloody standoff with police officers in Arkansas (see March 13 - June 3, 1983).

Entity Tags: Yorie Kahl, Dan Rather, Daniel Levitas, Posse Comitatus, Gordon Kahl, Phil Donahue, James Wickstrom

Timeline Tags: US Domestic Terrorism

The logo of ‘The Order.’The logo of ‘The Order.’ [Source: Eye on Hate (.com)]Robert Jay Mathews, a white supremacist and activist (see 1980-1982 and September 1983), invites eight men to his property in Metaline Falls, Washington: neighbor and best friend Kenneth Loft; former Ku Klux Klansman David Edan Lane; Daniel Bauer; Denver Daw Parmenter; Randolph George Duey and Bruce Carroll Pierce of the Aryan Nations; and National Alliance recruits Richard Harold Kemp and William Soderquist. Mathews and his eight guests found a new organization called, variously, “The Order,” “The Silent Brotherhood” or “Bruder Schweigen,” and “The White American Bastion.” The group uses the story depicted in the novel The Turner Diaries as its framework, determining to use violence and crime to destabilize the US government and establish a whites-only society. In the novel, “The Organization” finances its revolution by armed robberies, counterfeiting, and other crimes designed to disrupt the US economy. Mathews decides his group will use the same plan. Mathews is also inspired by real crimes, such as a failed 1981 armored car heist by the Black Liberation Army. [Kushner, 2003, pp. 222-223; HistoryLink, 12/6/2006]

Entity Tags: The Order, Daniel Bauer, Bruce Carroll Pierce, David Edan Lane, Denver Daw Parmenter, Kenneth Loft, Randolph George Duey, William Soderquist, Robert Jay Mathews, Richard Harold Kemp

Timeline Tags: US Domestic Terrorism

The members of the secretive white supremacist group The Order (see Late September 1983) discover that the FBI has learned of their group’s existence and has compiled a list of many of its members, including leader Robert Jay Mathews. The FBI is investigating the group for a string of armored car robberies (see March 16, 1984, April 19-23, 1984, and July 19, 1984). The group abandons plans for a fourth robbery and splits up. Mathews and other members move from one cheap hotel and “safe house” to another, while others roam the Northwest in campers and travel trailers. The FBI observes one Order member, Gary Yarborough, moving to a remote mountain cabin near Samules, Idaho. Mathews asks an associate, Ardie McBrearty (see 1974), to establish a telephone message center where group members can leave and receive messages. [HistoryLink, 12/6/2006]

Entity Tags: Gary Lee Yarborough, Robert Jay Mathews, Ardie McBrearty, The Order, Federal Bureau of Investigation

Timeline Tags: US Domestic Terrorism

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