From the January 2005 Idaho Observer:

Judge resets Banister trial for June 14

Motion plus exhibit gives ex-IRS-agent-turned-tax-honesty advocate five month reprieve

SAN JOSE, Calif.óEx-IRS Criminal Investigator Joe Banisterís trial January 19, 2005 trial has been reset for June 14, 2005. Banister, who resigned from the IRS in 1998 after his superiors refused to answer questions contained in his 94-page report "Investigating the Income Tax," was arrested Nov. 18, 2004. The government is charging Banister with tax crimes connected to his private accounting business which, the government claims, encourages people not to pay income taxes.

While appearing to argue several pretrial motions (copies of which are available at, U.S. District Judge Shubb ordered the trial be continued to allow time for Banisterís defense team to review 18 boxes of documents relative to his education, training, experience and research. Banisterís defense team, wanting to be adequately prepared to defend their client, wanted to see all documents that could help. At the time, Banister believed he would be going to trial January 19, so he overnighted all 18 boxes from his home in northern California to the home office of his defense attorneys in Milwaukee, Wis. "My legal team was more than a bit surprised that I had so many documents but, given my training as a Certified Public Accountant and IRS Criminal Investigation Special Agent, they realized that it would be understandable for someone like me to have saved so many," Banister said.

He also commented that next day delivery of 18 boxes of documents is pretty expensive.

One of the motions before Judge Schubb was a Motion to Vacate and Reset Dates, which he granted. In the motion, lead trial attorney Jeffrey Dickstein conveyed to the judge the magnitude of documents that must be reviewed before trial by including, as an exhibit, a photo of the 18 boxes of Banister documents.

Though Judge Shubb granted Banisterís motion to reset the trial date, co-defendant Al Thompson did not ask for more time to prepare his case. Judge Shubb decided to sever Banisterís case from Thompsonís case, which will still be held January 19 as originally scheduled.

Banister has received hundreds of letters from people who support him with kind words, prayers and donations to his defense fund.

Letters and contributions can be sent to the Joseph Banister Legal Defense Fund, P.O. Box 90239, San Jose, California 95109. Wire transfers can be sent to Wells Fargo Bank, 4950 Almaden Expressway, San Jose, CA 95118, (408) 979-8530, ABA Routing No. 121042882, For credit to: Joseph Banister Legal Defense Fund Account# 9176-052125.

"I am so very grateful to every single one of you helping me in this battle to restore honesty and integrity to our system of taxation. We have the truth on our side and we will prevail," Banister said.

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