America: Freedom to Fascism is the most interesting documentary I’ve seen this year. It was written, directed, and produced by Aaron Russo.
The film’s basic premise is Aaron Russo’s quest to find out whether or not there is actually a legal basis for the federal income tax. He starts with the basic arguments we’ve all heard before (the Sixteenth Amendment was never actually ratified, unapportioned taxes are illegal) and goes on to conduct some really interesting interviews. First he interviews people from the tax honesty movement (notably the We the People Foundation) who expound on the reasons they believe that the income tax is illegal and discuss various court cases involving tax evasion. The more compelling interviews, though, are with several former IRS agents and employees (including a former IRS criminal investigator) who left the IRS after becoming convinced that they were involved in an unethical organization that illegally prosecutes innocent people. All of their individual stories have a common theme: becoming curious about the tax law, they tried to find the law that requires Americans to pay income taxes. Unable to do so, they appealed to their superiors, at which point they were either asked to resign or chose to do so. Two of the agents interviewed admit that they themselves have no filed income taxes since leaving the IRS.
After the typical “the other side won’t talk to us” shots of the film crew being kicked off IRS property, Russo then attempts to get an answer by going to the source: Sheldon Cohen, author of the tax code and former IRS commissioner. This is probably the most astonishing part of the whole film. Cohen, an apparently intelligent man, admits that the law states that compliance with the tax code is voluntary, but then asserts that the word “voluntary” is a euphemism for “mandatory!” 1984, anyone? In response to Russo’s appeal to the Supreme Court ruling that the Sixteenth Amendment did not create a new tax, Cohen says, “You’re going to take a 1920 [Supreme Court] case and superimpose it on the entire tax code which was written after it? No…” In other words, the Supreme Court’s decision is irrelevant. After a few minutes of skirting around Russo’s questions, Cohen angrily cuts the interview short, insulting Russo.
The middle portion of the film focuses on individual examples of innocent people who have been victimized by the IRS. Although emotionally compelling, personal stories are always my least favorite part of any documentary because I prefer factual evidence over emotional appeals. The story of boxing champion Joe Louis, who was harassed by the IRS until his death for the taxes on money he donated to the war effort, however, is a truly heartbreaking one.
Russo touches briefly on the issue of the Federal Reserve (explained in much greater detail in The Money Masters.) I believe the point he was trying to make is that if the government took back control over our currency the income tax could be eliminated fully since virtually all of the income tax goes towards the interest on our national debt and serves only to make this select group of bankers richer. I understood this point, but I think that someone watching the movie with no prior knowledge of the Fed would have been a bit confused at this point.
The film is solid and compelling for the first two-thirds, but then deviates sharply into an entirely different subject: the national ID card (the REAL ID) and ties it in with research into tracking devices that could be implanted into humans. In my opinion it is a real shame that Russo chose to include this bit in the film. It may or may not be an actual threat, but this discussion only detracts from the discussion of the legality of the income tax. The income tax is a very real and present issue that we KNOW is illegal, useless, and is not just a threat to our liberty but is actively impinging on it every day. There is room for discussion about the national ID card and the right to privacy, but not in a film about taxes. Unfortunately, it only drives the film into nut job conspiracy theory territory, while it is otherwise a very sound and compelling film.
A bit of background about Mr. Russo: he is a one-time Libertarian Party Presidential nominee and he founded the original, defunct Constitution Party (as opposed to the currently active Constitution Party, which has an explicit Christian bias.) This is one major criticism I have about this film; Russo tries to present himself as a completely objective investigative filmmaker, but he is actually quite the opposite. He introduces himself by discussing his accomplishments in the entertainment industry, but says nothing of his political involvement. Although it’s certainly not uncommon for documentary filmmakers to conceal their bias, it does disappoint me a bit that he chose to do so in this case.
Despite those criticisms, I highly recommend this film to anyone. I was already pretty familiar with the Tax Honesty movement and some of the arguments, but I was still amazed at the egregious disregard for the law displayed by those who are supposed to be upholding it. For that alone this movie is worth watching.
The entire movie is available on Google video: here.