via Keith Redmond:
It is not about being Republican, Democrat, or unaffiliated, it is about OUR RIGHTS as US citizens living overseas!
“Republicans Overseas Action just filed FATCA/FBAR Complaint and Motion for preliminary injunction against Obama regime and the IRS with eight counts constitutional violations in the U.S. District Court for the Southern District of Ohio at Dayton on behalf of 8.7 million overseas Americans. In addition, we want the federal court to stop Obama’s IRS by immediately issuing a preliminary injunction that will protect Americans overseas from FATCA and FBAR until a trial can be held by the court. Please see ROA Press Release, Ten Detailed Points, and Description of Each Plaintiff below.”
This is SO exciting! And incredibly satisfying for me personally as the suit will be heard in my hometown! Shared with non other than Douglas Shulman…the Gem City’s own favourite son…..Ironically enough, a statement by Mrs. Obama describes our situation very well:
Washington Times
“Rand Paul sues Obama over foreign banking law
FACTA blamed for causing overseas Americans to renounce citizenship
UPDATED: Complaint, Exhibit, Memo, & Motion
D. 1 – Complaint
D.1-1 – Exhbit 1
D.2-1 – PI Memo
D.2 – Motion for PI
Response of Democrats Abroad:
The second front has now opened up.
I also now understand the delays slightly better……..
Must have been a reason for Dayton, Ohio.
Also it gave an opportunity for that tax committee to do something which they did not.
Again, great comfort in a second front opening up.
“A fundamental principle is never to remain completely passive, but to attack the enemy frontally and from the flanks, even while he is attacking us.
Carl von Clausewitz”
I am beyond ecstatic! This is absolutely fabulous and my gratitude goes out to everyone who played a role in making this happen.
I hope this means that from now on we are finally going to see some major media coverage.
Kind of surreal. Especially seeing those we know named as plaintiffs. Thank you, Stephen, Dani, Donna and all the other plaintiffs! You rock.
I just couldn’t be happier!! This is absolutely great news for all expats. Thanks to all the plaintiffs, James Bopp and Republicans Overseas…especially Solomon Yue. There is now a ray of hope for all of us from two fronts.
Hooray! Thanks to all.
Asked in the media thread, but will repeat here: Can the Bopp lawsuit accept anonymous cash donations, the way ADCS does? Or do they have to document their donors? (I noticed they have a $5,000 max acceptable donation, which sounds like political financing laws might be involved?)
Excellent news! It was very important to get a lawsuit going stateside as ultimately all of this stems from a very bad (or multiple very bad) US laws. Congratulations to all for reaching this point! And also thanks to @Stephen Kish and all other plaintiffs for their courage to come forward and fight this.
@foo
Yes I’d be interested in understanding more about the $5,000 maximum. Since this is listed as the limit for a single contributions, but total contributions from a given individual are said to be unlimited, I’m guessing this is more for fraud detection reasons than political campaign limits. But it would be good to know more.
I haven’t felt so hopeful in a long time. This to me will be the clincher. The decider. If the court finds not in favor of most or all counts, then the game is over, and I can come to some closure over this, renounce without wondering ‘what if…’
But I don’t think that’s going to happen. The complaints are too substantial to ignore. If Americans are being denied banking and business opportunities, the court can no more shrug its shoulders and say “Well, that’s the law,” than they could ignore gay spouses being denied health insurance, taxation and inheritance rights by shrugging and saying, “Well, that’s the law.”
The only question for me now is: “How long, now, Lord? How long?”
Exciting days seeing these lawsuits get underway. May there be comprehensive media coverage, fully explaining the real issues, what this means for US citizens abroad, their families, their small and larger business partners, their fellow countrymen and their countries’ sovereignty — whether those in countries where we reside abroad or whether in the US.
Litigation IS the only way we can see justice. Undying gratitude to all brave plaintiffs in both this US and the Canadian (summary trial in federal court August 4 and 5) lawsuits. Real thanks can be shown by proper funding of these important instruments for justice! This is for all of us, including the many who can more generously help wipe out the collateral damage wrought by US citizenship-based taxation’s FATCA, FBAR and the IGAs signed all around the world.
I think it is time to alert every single media outlet in Canada and tell them simply ” I tried to tell you”. Maybe the news from the USA will now give the US based media owners in Canada a reason to take Stephen Harper’s acts of Treason more seriously and get the word out to ALL Canadians. My hand is out to you Stephen Kish with a thankful handshake and all the support you and everyone involved here will need in the future. BRAVO!
Kind of favourable. COmments open:
Rand Paul sues Obama over foreign banking law
http://www.washingtontimes.com/news/2015/jul/14/rand-paul-sues-obama-over-foreign-banking-law/
Just amazing! Thank you to all the plaintiffs.
Thinking of you – the ones we know and the ones we don’t. Take care, and best wishes.
Also, a (probably unheeded, but gotta say it anyway) plea to both RO and DA:
Quit sniping at each other. This is a non-partisan issue. Be supportive of each other’s efforts, even if you privately consider the other side’s approach to be misguided or insufficient. Just think what a powerful message is sent if both Republican and Democratic organizations are saying the same thing. You’ve chosen different ways to attack the problem, but you both agree that it is a problem. So show a united front. Show us that Americans abroad are more important than Democrats or Republicans abroad.
Remember, this is just a preliminary battle. The bigger fight against CBT (which you both claim to be against) still lies ahead. Let’s not collapse into partisan factions before the real war has even begun.
Hot off the press:
Democrats Abroad Condemns Rand Paul’s Legal Challenge to Law Targeting Tax Evaders
http://fbcdn-sphotos-b-a.akamaihd.net/hphotos-ak-xpf1/v/t1.0-9/s720x720/11752560_10155742353200005_6798318049285972127_n.jpg?oh=11ae6fe01fd11799d41e98ac5b120389&oe=5624DDA8&__gda__=1445100734_f4a39ff77b60d6cd48dd27044151fdb3
@Barbara,
“Condemns”?
Sigh.
Wrong approach, Katie Solon. Your job is not to show that you differ from the Republicans Overseas. Your job is to show common cause with them against an unjust law.
(And same to you, Solomon Yue — knock off the disparaging remarks about Same Country Exception. At least pretend you support it.)
We out here in the real world are way beyond being willing to rally unthinkingly for one party or another at this point, absent some actual results, so don’t either of you try to keep this childish finger-pointing going.
Act like f&$%ing adults, both of you. We’ve had it.
@foo
Same Country Exemption (SCE) does nothing to help expats who live, work, and bank in different countries. This is the case for many expats in the EU as well as expats living in politically and economically unstable countries. Do you really think it would have been a good idea for Americans living in Greece to keep their retirement savings in Greece?
In case you didn’t notice, one of the plaintiffs lives in Albania, which collapsed in the 1990’s due to a massive government sponsored pyramid scheme. Doing one’s retirement planning in Albania is about as risky as it gets.
FATCA, FBAR and CBT are so bad for expats that they cannot be fixed. They have to be thrown out altogether entirely.
PS. Thank You Plaintiffs!
@Walt FFI were not consulted on SCE. SCE is potentially more of an imposition: more questions, more IT fields to fill, more bureaucracy WILL equal more discrimination.
Solomon Yue is pointing out that SCE still violates Equal Protection as in discriminatory treatment/questions etc compared to US persons living in the US.
The real question is….
Does Stephen Kish actually have a life anymore? LOL
Way to go!
@Walt,
Yes, I agree that SCE is woefully insufficient. Heck, even the FATCA lawsuit is woefully insufficient. Even if FATCA were repealed in its entirety, it would make none of my problems go away (except for making one set of possible outrageous fines for innocent mistakes go away). There are about a million other gotcha rules in the tax code that cause more immediate problems for my ability to plan for the future without fear of tripping over some nasty little landmine that some scheming weasel in Congress buried there to make my life difficult for no good reason.
Nevertheless, either one would be something more than we have now, and they would (or might) help somebody somewhere, so I can’t “condemn” either one. And it is not productive for RO and DA to try to use these efforts to divide us. We will not stand for it.
All guns should be pointing outwards.
@foo
The problem with SCE is that it undermines abolishing the cancers of FATCA, FBAR and CBT. If SCE is accepted, then the politicians can declare the problems for expats as solved and strengthen their efforts at enforcing all three laws, especially CBT.
SCE may seem like an immediate relief, but the lawsuit’s request for “injunction” will provide real immediate relief if its accepted.
My gun is pointed outward most of the time. But it is also pointed inward at what I consider being a subversive fifth column.
DA’s SCE proposal also requires expats to prove tax and FBAR compliance to the banks in order to get the SCE. Just another trap as I see it.
@The Mom at least Stephen Kish need not worry about not ticking the Carpe Diem box. Lets’ Carpe Diem ourselves and show our support.
Re: Democrats “Abroad” opposition to the lawsuit. One Achilles Heal to their opposition that we need to exploit is that the suit is not just about FATCA but also FBAR. So by opposition to the suit is like them saying that they support FBAR penalties for US persons living overseas.
@Walt,
Honestly, I see the same problem with the FATCA lawsuits. But I still support them.
But I won’t rest until either CBT is gone, or I am.