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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)
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)
The Posse Comitatus, an anti-Semitic, right-wing “Christian Identity” organization (see 1960s and After), is founded by retired dry-cleaning executive Henry L. Beach in Portland, Oregon, who calls his organization the Sherriff’s Posse Comitatus (SPC) or Citizen’s Law Enforcement Research Committee (CLERC). Beach has supported Nazism since the 1930s, and formerly led a neo-Nazi organization called the Silver Shirts (see January 31, 1933). The Posse Comitatus is quickly taken over by William Potter Gale, a retired Army colonel who founded a similar organization called the US Christian Posse Association in Glendale, California, and manages to roll the two groups, and a few other loosely organized entities, into one. The Posse Comitatus dedicates itself to survivalism, vigilantism, and anti-government activities; its bylaws state that no federal or state governmental entity has any legal standing, and only county and town governments are legitimate. Furthermore, the organization believes that the entire federal government is controlled by Jews, and as such has no authority over whites. Beach’s original Posse manual states, “[O]fficials of government who commit criminal acts or who violate their oath of office… shall be removed by the posse to the most populated intersection of streets in the township and, at high noon, be hung by the neck, the body remaining until sundown as an example to those who would subvert the law.” According to a 1986 advisory published by the IRS, “members associated with some of the Posse groups wear tiny gold hangmen’s nooses on their lapels.” Posse members refuse to pay taxes whenever they can get away with it, and ignore laws that they feel cannot be enforced by “the enemy.” Instead, they claim to abide by a “common law,” defined as a set of principles that they themselves create and change at will. The organization begins making inroads into the farm communities of the Northwest and Upper Midwest after federal mismanagement of agricultural policies threatens the livelihood of many area farmers; the Posse tells them, “Farmers are victims of a Jewish-controlled government and banking system, federal taxes are illegal and loans need not be repaid.” Some area farmers embrace the message, and the Posse begins heavily recruiting in Michigan. (Ian Geldard 2/19/1995; Nicole Nichols 2003)
Anti-Government, Anti-Tax Ideology - The Posse Comitatus believes that the federal and state governments are inherently illegal and have no authority whatsoever; the highest elected official of the land, it says, is the county sheriff, who can form juries and call out “posses” of citizens to enforce the law as necessary. The movement strongly opposes paying taxes, particularly to the Internal Revenue Service (IRS), and considers money issued by the Federal Reserve System as illegal. It says that the Constitution’s 16th Amendment, which gave Congress the right to tax citizens’ incomes, was illegally ratified and therefore unconstitutional; moreover, it says, careful examination of federal law tells it that income taxes are entirely voluntary. The Federal Reserve System is, as one Posse publication puts it, “a private monopoly which neither the people nor the states authorized in the Constitution.” The Federal Reserve’s printed money violates the Constitution. Some, but not all, Posse Comitatus members also express racist and separatist views similar to those of Christian Identity believers (see 1960s and After); these members say that the Federal Reserve is controlled by a small cabal of international Jewish bankers who intend to destroy the American economy. (Mark Pitcavage 5/6/1996; US Constitution: Sixteenth Amendment 2011; Anti-Defamation League 2011) Posse Comitatus members use the threat of violence, and sometimes actual violence, to express their anti-tax and anti-government ideologies (see 1972 and 1974).
Township Movement - The Posse spawns a directly related ideology, the “township movement,” led in part by Utah resident Walt P. Mann. Township advocates advocate setting up small sovereign communities that are answerable only to themselves. The Posse will set up a “constitutional township” on a 1,400-acre plot in Wisconsin and name it “Tigerton Dells,” posting signs that say, “Federal Agents Keep out; Survivors will be Prosecuted.” Tigerton Dells will appoint its own judges and foreign ambassadors before federal authorities seize the property (see 1984).
Movement Spreads throughout Northwest, Plains States - By 1976, an FBI report says that the Posse Comitatus movement will consist of up to 50,000 adherents throughout the Northwest and Great Plains states. The center of the movement is at Tigerton Dells; Posse members there will disrupt local government meetings and assault public officials. The farm crisis of the early 1980s will allow the Posse to begin converting angry, frightened farmers throughout the region. In 1996, the Anti-Defamation League’s Mark Pitcavage will write, “The Posse offered up targets for people to blame: the courts, the money system, the federal government, the Jews.”
Waging Legal Battles - While some Posse members offer violence to law enforcement and public officials (see February 13, 1983 and After), most of their battles with the government take place in court. Posse members most frequently use two common legal strategems: filing frivolous liens on the properties of public officials who oppose or anger them, particularly IRS agents, and flooding the courts with a barrage of legal documents, filings, motions, and appeals. The liens carry no legal weight but sometimes damage the recipients’ credit scores and interfere with the recipients’ ability to buy or sell property. The court documents, often written in arcane, archaic, and contradictory legal language, clog the court system and frustate judges and prosecutors. A related tactic is the establishment of “common law courts,” vigilante courts that often threaten public officials. (Mark Pitcavage 5/6/1996)
Inspiration to Other Groups - The Posse Comitatus’s ideology will inspire other anti-government groups, such as the Montana Freemen (see 1993-1994).
Aerospace engineer and white racist Richard Butler, who departed California in the early 1970s and moved into a rural farmhouse in Hayden Lake, Idaho, founds and develops one of the nation’s most notorious and violent white separatist groups, the Aryan Nations. Butler’s 20-acre farmhouse becomes the compound for the group and its affiliated church, the Church of Jesus Christ Christian; Butler and his nascent organization envision a “whites-only” “homeland” in the Pacific Northwest. At age 11, Butler read a serialized novel in Liberty Magazine, depicting the takeover of the US by “race-mixing Bolsheviks” that deeply impressed him. As a young man, he worked as an aeronautical engineer in India, where he was fascinated by the Indian caste structure and the concept of racial purity. In 1941 he left a Los Angeles church after concluding that the preacher was spreading Communist doctrine. During World War II, as an Army engineer, he became fascinated by the German military, and later recalls that he “was thrilled to see the movies of the marching Germans.… In those days, all we knew was that Hitler hated communists, and so did my folks—as we did as teenagers.” In the 1950s, Butler was enthralled by radio broadcasts of then-Senator Joseph McCarthy (R-WI) and his “Red scare” accusations, and sent money to support McCarthy’s political campaigns. During that time, Butler met William Potter Gale, another white supremacist who went on to found the Posse Comitatus (see 1969). Butler held a high position in the Christian Defense League, an organization founded by the Reverend Wesley Swift and described by the Southern Poverty Law Center (SPLC) as “virulently anti-Semitic,” until 1965, and shortly thereafter became a mail-order “ordained minister” of Christian Identity, a white supremacist offshoot of the Christian church (see 1960s and After). Butler buys the farmhouse in Hayden Lake and founds his own “Christian Posse Comitatus,” and thereafter founds the Church of Jesus Christ Christian. The two groups merge into what later becomes known as Aryan Nations. (Cooperman 6/2/2003; Southern Poverty Law Center 2010; Southern Poverty Law Center 2010)
James Wickstrom, a tool salesman and former mill worker angered by what he saw as less-qualified African-American workers bypassing him in receiving raises and promotions, meets Thomas Stockheimer (see 1974), a member of the violent anti-tax, racist, and anti-Semitic organization Posse Comitatus (see 1969). Wickstrom walks by Stockheimer’s “Little People’s Tax Party” office in Racine, Wisconsin, each week, and is accosted by Stockheimer, who asks him: “Do you know who you are? Do you really know who you are? Do you know that you’re an Israelite?” Initially Wickstrom is offended at being called, he believes, a Jew, but after a discussion, leaves with two audiotapes of sermons by Posse founder William Potter Gale that tell him he is a member of God’s chosen people, a member of the “true” Israelite tribe; Jews are the offspring of Satan and are unworthy of being called Israelites. Blacks, Gale preaches, are subhuman, no better than beasts of the field, and merely tools of the Jewish conspiracy to destroy white Western society. Wickstrom finds Gale’s message appealing, and he joins Stockheimer in setting up a Bible study group. Wickstrom follows in Gale’s footsteps and becomes an adherent of the Christian Identity ideology (see 1960s and After). Stockheimer flees Racine ahead of the police, who intend to have him complete his jail sentence for assaulting an IRS agent, and Wickstrom quits his job and moves to Schell City, Missouri; he will later explain the move, saying, “I wanted to be with like-minded people.” He buys property near Identity minister Dan Gayman, becomes a teacher at a small private school operated by Gayman and another Identity minister, Loren Kallstrom, and in 1977 founds his own church, Mission of Jesus the Christ Church, living off tithes and donations. After a falling out with Gayman, in 1978 Wickstrom moves back to Wisconsin, at the invitation of Posse member Donald Minniecheske, who wants him to take part in the establishment of a Posse compound on the shores of the Embarrass River (see 1978 - 1983). (Southern Poverty Law Center 12/2004)
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), arrives at a farm in Mountain Home, Arkansas. The farm owner, Arthur Russell, is a member of another white supremacist organization, the Covenant, Sword, and Arm of the Lord (CSA), and willingly hides Kahl, who is facing a second warrant for his arrest issued March 11. Kahl spends two months hiding at Russell’s farmhouse, studying the Bible, watching television, and spending time with Russell’s daughter Karen. While Kahl is in hiding, his family and colleagues in the Posse who were involved in the shootout are tried in May 1983; his son Yorie Kahl and colleague Scott Faul are convicted of second-degree murder and six other related charges; David Broer is convicted of conspiracy and of harboring a fugitive; and his wife Joan Kahl is acquitted of conspiracy and harboring a fugitive.
FBI Learns of Kahl's Whereabouts - In late May, after the convictions, Kahl leaves the Russell farm with his CSA friend Leonard Ginter and Ginter’s wife Norma. Ginter, an unemployed carpenter, belongs to a small anti-government group called Americans for Constitutional Enforcement, but is not too ideologically rigid not to accept food stamps for himself and his wife. Kahl and the Ginters drive to Smithville, Arkansas, a tiny Ozark town where the Ginters have a concrete house with a vegetable patch and a chicken pen. After Kahl leaves, Karen Russell calls the FBI and informs them of his whereabouts.
Final Confrontation - On June 3, FBI agent James Blasingame organizes a group of US Marshals and local lawmen at the Lawrence County courthouse to plan how best to apprehend Kahl and the Ginters. Twenty-eight law enforcement officials, including 15 US Marshals, six FBI agents, three state police officers, and four county lawmen descend on the Ginter home. While en route, they encounter Ginter, driving away from the house in a car with a rifle in the backseat; he has a cocked and loaded pistol in his lap. Ginter is apprehended without incident, but lies to the police, saying Kahl is not at the house. Unfortunately, the officials believe his story. At the officials’ request, Ginter drives back to the house, with five officials behind. Ginter parks his car, as do the officials; Ginter gets out and shouts: “Norma, come out. The FBI wants to talk to you.” He emphasizes the word “FBI” as loudly as possible, alerting Kahl to their presence. Norma Ginter comes out and is escorted away. Lawrence County Sheriff Gene Matthews, departing from the plan, enters the house through a utility room off the garage, with US Marshal James Hall and Arkansas State Police investigator Ed Fitzpatrick following him. Kahl is waiting in the kitchen, armed with a formidable Ruger Mini-14 assault rifle. When Matthews enters the kitchen, the two men see each other and open fire simultaneously; Kahl wounds Matthews fatally with two shots to the chest and Matthews kills Kahl with a bullet to the head. Hall and Fitzpatrick, unsure of what has happened, begin firing wildly, striking Matthews with buckshot. Matthews manages to get to a police cruiser before collapsing, and gasps, “I got him.” But the other officials are unsure if Kahl is actually dead, and if others may be in the house as well. They open fire on the house and let loose a barrage of tear gas. They then set the house afire with a can of diesel fuel; the fire ignites several thousand rounds of ammunition stored inside the house and the house is all but gutted by the conflagration. Eventually, officials are able to enter the house and find what remains of Kahl’s body in the kitchen. Posse Comitatus leader William Potter Gale, asked by a reporter about Kahl’s death, says that Kahl was murdered for helping farmers and belonging to the group. Another Posse member, Richard Wayne Snell, will later claim that Matthews had been killed by FBI agents after interrupting them during their torture of Kahl. (Southern Poverty Law Center 12/2001; Levitas 2002, pp. 217-220; Anti-Defamation League 2011)
Episode Destabilizes Posse Comitatus - The Kahl episode receives national attention and helps destabilize the Posse Comitatus (see 1984). The media quickly learns of Kahl’s racist and anti-Semitic past, and reprints a letter he wrote the same night he killed the marshals and later sent to reporters. In his letter, Kahl announced that it was time to begin killing Jews: “We are engaged in a struggle to the death between the people of the Kingdom of God, and the Kingdom of Satan. We are a conquered and occupied nation; conquered and occupied by the Jews, and their hundreds or maybe thousands of front organizations doing their un-Godly work. They have two objectives in their goal of ruling the world. Destroy Christianity and the White race. Neither can be accomplished by itself, they stand or fall together.” In an attempt to exonerate his son and Faul, Kahl took credit for all the fatal shots. Kahl’s espousal of violence and anti-Semitism causes a backlash when some Posse Comitatus members attempt to portray him as a martyr. (Southern Poverty Law Center 12/2001; Levitas 2002, pp. 217-220)
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