In Uncategorized on 07/16/2021 at 17:10

Or Whatever is the Plural of “Beef”

No opinions today, no orders of any substance, so I’m thrown back on my meager resources.

First beef. “Seal one, seal all.” The DAWSON Q&A states the following: “Until additional functionality is added in DAWSON, cases migrated from the previous eAccess system are temporarily sealed in their entirety if there are any sealed documents in the case. The ability to view unsealed documents (such as orders) while still protecting sealed documents is one of the features that was unavailable for the initial rollout but remains one of our highest priority system enhancements.” OK, I understand there are teething problems with every new system.

But why does it take seven (count ’em, seven) months to fix this one?

A reliable source tells me that the sealing of the dockets in the bushelbasket of cases consolidated in the Ernest S. Ryder saga (see my blogpost “The Shell Game Ends,” 7/14/21) resulted from an off-the-bench order in mid-trial, when Ernie and IRS stiped to a data-dump of the hard drive in Ernie’s law office, spilling a bunch of irrelevant, client-attorney-privileged matter. Y’all will recall Judge Holmes likes doing the evidence himself; see my blogpost “Please, Mother, I’d Rather Do It Myself,” 7/26/18.

I won’t discuss how Ernie can agree to reveal client-attorney-privileged matter without each client’s informed written consent as to each item. Ernie has enough problems.

So I lose the capability of referring to any order or opinion over the seven years I’ve been following this case, utterly unrelated to the faux pas on the trial, because the Genius Baristas (or 18F, whoever they may be; sounds like 4F squared and then some) can’t get their cliché together.

Next beef (more will follow when time permits). The Zoomietrials are here to stay. There’s much good news in that. When the Tax Court Judges did the Willie Nelson (no, did not have unpaid taxes, liens and levies, just went on the road again), petitioners had to travel to the one (or maybe two) locations in their State where Tax Court assizes were held. Small-claimers were heard in some, but not all, such. Pre-COVID, if the petitioner couldn’t afford to take time off to travel, first to calendar call and then to the trial on the date and time certain fixed at calendar call, the petitioner had to fold, however meritorious their case. If they couldn’t show for calendar call, the calendar call commandos couldn’t help, nor could the judge do any head-banging.

Now the Zoomietrial leaves the driving to whomever. Having once booted up the pooter and logged in, “everyone shall sit under his vine and under his fig tree, And no one shall make them afraid,” as an authority greater even than a Tax Court Judge put it.

My beef therefore is purely selfish. The youtube public version of the trial is purely audio. I understand exhibits may show Section 6103 information, and the public cannot see that. Without a human face, it’s near impossible to follow.

Offer of proof. Take a look at how many people are following each trial session on youtube. You don’t have to take off but one sock to count ’em up.

Maybe there should be a unique password protected link for the press to see it all.


  1. This is to inform Lew Taishoff that one copy of the Ship of Theseus has made it’s way safely down DAWSON creek in the moments just before the headwaters were sealed. It can now be found in the open bays surrounding PACER as Case 1:20-cv-00784-LO-IDD, specifically Document 30 Filed 12/29/20. The motion of Document 30 ends this way; “Law is scientific in order to eliminate so far as may be the personal equation in judicial administration, to preclude corruption and to limit the dangerous possibilities of magisterial ignorance.”

    — Roscoe Pound (1870-1964,) author of the famous essay “Mechanical Jurisprudence,” volume 8, Columbia Law Review 605-623 (December, 1908)] –and cited here is one of the symposiacs from page 151 of “Annual Address: Mechanical Jurisprudence,” delivered by Hon. Roscoe Pound, September 25, 1908, at the Proceedings of the North Dakota Bar Association, 1908, published by Tribune, State Printers and BInders, 1909 (now courtesy Cornell University Law LIbrary)

    A dangerous possibility of magisterial ignorance this way comes.


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