Archive for January 2017

Freedom of the Press #5 – “Tilting at Windmills”

Freedom of the Press #5
“Tilting at Windmills”

 

Gary Hunt
Outpost of Freedom
January 31, 2017

Well, it has been almost three weeks since the government’s most recent effort to suppress Freedom of the Press.  Not really surprising, since they have nothing to go on; they just think that they do.  However, Billy J. Williams (aka Don Quixote) and Pamala R. Holsinger (aka Sancho Panza) have spent a bunch of taxpayer’s money on “Tilting at Windmills”.  They just do not seem to believe that the Constitution is the very document that created them, and the government that they represent.  Well, it didn’t really create them, but it did create the positions that they hold.

Back on January 10, 2017, the government filed the “Government’s Supplemental Memorandum in Support of Motion to Enforce Protective Order (1689)“.  This was discussed in Freedom of the Press #3 – “Contemptuous Postings”, published on January 11.  That same day, just hours before #3 was published, the Court filed an “Order Granting in Part Government’s Motion to Enforce Protective Order (1691)“.  This, of course, led to my response, on January 12, with Freedom of the Press #4 – The Order.  Rather a hectic pace, for three days.

Apparently, the government had some heavy homework, for it wasn’t until January 30 that they made their next move.  They filed “Government’s Motion for an Order to Show Cause (1788)“, and, not to be out done, they filed an “Affidavit of FBI Special Agent Ronnie Walker in Support of Government’s Motion for an Order to Show Cause (1789)“.  The Motion (1788) is only 6 pages, but the Affidavit (1789) is 14 pages, 8 of which are actually entering my Article #4 into the record.  I sure like it when they expand my readership.  Thank you, Don and Sancho.

So, let’s look at the Affidavit (1789), first.  The first three paragraphs are explanations of Ronnie Walker’s qualifications.  In that third paragraph, we find this rather curious limitation of her authority:

I am an “investigative or law enforcement officer of the United States” within the meaning of Title 18, United States Code, Section 2510(7), authorized to conduct investigations into alleged violations of federal law.

Now, it says that she is “authorized to conduct investigations into alleged violations of federal law.”  It does not say that Walker cannot investigate other allegations, but if Walker could, would not Walker have made the point clear.  It kinda makes you wonder, since nobody has found the time to provide a statute that I am in violation of.  This was first discussed when I received the “Letter- Demand to Cease and Desist“, which I reported on in Freedom of the Press #1 – Meeting with the FBI, when “I asked the agent what statute bound me to the Cease and Desist portion of the letter?”  I received no reply.  Since they have not provided me a statute (federal law), I am just wondering if maybe SA Walker is moonlighting for the US Attorney.

Now, here is the kicker.  In the next paragraph in the affidavit, Walker states:

4.  This affidavit is intended to show only facts pertinent for the requested motion and does not set forth all of my knowledge about this matter.

So, let’s see some facts.  In paragraph 15, Walker states that I received:

a Supplement to the original Protective Order, court record #1692, which prohibits any individual or entity from disseminating those materials or any information derived therefrom to any other individual or entity by any means.

Well, that is a fact.  Any individual or entity that disseminates those materials or any information derived therefrom to any other individual or entity[,] by any means.  Now, that would make almost any person who has read and shared certain of my articles, and presumably, even if you did not read them and only shared them, you have been brought into the “long arm of the Protective Order”, and are subject to the very same punishment that they want to try to hang on me.  And, as Walker said, that’s a fact.

Do not let that scare you, because we still have to see if the Court can find some way to reach out of their jurisdiction and grab me, or you, unless, of course, you live in Oregon.  But, even if you do live in Oregon, unless you are party to Ammon Bundy, et al, the trial, which will start, again, with Group 2, on February 14, it would not apply to you, either.  The reason I say that it can’t reach you is that you have to have aided and abetted a party in the action.  That condition exists when two parties work together.  We’ll touch on that, a little later.

. Continue reading ‘Freedom of the Press #5 – “Tilting at Windmills”’ »

Burns Chronicles No 56 – Is a Misdemeanor a Crime? or, Is the Court a Crime?

Burns Chronicles No 56
Is a Misdemeanor a Crime? or, Is the Court a Crime?

Gary Hunt
Outpost of Freedom
January 29, 2017

Perhaps we should start with Article VI, clause 2, of the Constitution of the United States of America:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Now, that is easy to follow and understand.  First, “This Constitution“, and, next, “the Laws of the United States which shall be made in Pursuance thereof“, “shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby.”

Article V of the Constitution states that when an Amendment is ratified, it “shall be valid to all Intents and Purposes, as Part of this Constitution.”  “Shall” is mandatory.  It is imposed, without recourse, and must be obeyed.  The requirement that any “Laws… which shall be made in Pursuance thereof” precludes any enactment, statute, or rule, to be in violation of the intent of the Constitution and the Laws made Pursuant to it

In a previous article, “To Jury, or, Not To Jury“, the Sixth and Seventh Amendments were discussed.  Now, let’s go to the top, the Constitution itself, and see what it says.  This led to the more descriptive wording in the Sixth and Seventh Amendments.  This case has to do with misdemeanor charges of trespass, tampering with vehicles or equipment and destruction of property.  This is the Article that established the Judicial Branch, Article III, § 2, clause three:

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury…

The subsequent Amendments set no limit on criminal charges and a minimum of twenty dollars in civil actions, each requiring a jury trial.  The Amendments made clear, without ambiguity, that any case tried in a court of the United States must fall within those two described areas.  There are no exceptions.

However, this Court, appearing to be inquisitorial rather than just, has opted to circumvent those limitations imposed upon judiciary, by the very document that created the judiciary.  It has put in place, by two methods, a means of deception, whereby the Court can circumvent the Law of the Land.  Chicanery, defined as “deception or trickery, especially by the clever manipulation of language”, is certainly involved in this current circumvention and “inquisition”.

First, chicanery is often used in the “case law method”, where higher court decisions are based upon previous decisions, not necessarily in accordance with the Constitution.  This method began being applied in 1872, shortly after the Civil War.  Harvard University set forth the “method”.  It has since become what appears to be the primary foundation for decisions, most often, without regard to the Constitution.

. Continue reading ‘Burns Chronicles No 56 – Is a Misdemeanor a Crime? or, Is the Court a Crime?’ »

Burns Chronicles No 55 – Marshall Spring & Ben

Burns Chronicles No 55
Marshall Spring & Ben

 

Gary Hunt
Outpost of Freedom
January 23, 2017

Marshall Sawyer Spring served as a Marine in Iraq with one of the defendants. He received a Purple Heart, but his honor stopped there. His and Ben’s betrayal, of patriots and fellow Marines, as informants includes not only informing, but goes well beyond, as you will see.

Spring and his partner, known only as “Ben”, live in Loveland, Colorado. Spring is a “Marshal” appointed such by Bruce Doucette, self-appointed “United States Superior Court Judge”. This would, according to the “appointment”, make Spring’s title “Marshal Marshall Spring”.  Doucette arranged to meet Spring and “Ben” in Burns, to set up a Common Law Grand Jury. Spring and Ben’s visit to Burns coincides with the two FBI form 1023 (CHS Reporting Document) reports, and it is quite apparent that the reports are tracking Doucette as much as they are the events in Burns.

Doucette, on January 14, 2017, confronted Spring with the information I had. Of course, Spring denied that he was an informant, however, even though a subsequent meeting was scheduled, it seems that Spring has given up his phone, as it is no longer in service.

Efforts to contact “Ben” have been futile, and even his last name is unknown. He had red hair and was around the Refuge by January 12 until, at least, January 15, 2016. He was about 5′ 7″ or 5′ 8″ and weighed about 175 pounds. He sported a Fu Manchu goatee and moustache.

Whether Spring or Ben filed the respective reports is unknown. However, by some of the information contained within the reports, it appears that Spring is CHS #12.

January 12, 2016

[heavily redacted]

Later in the day, Doucette met other individuals involved with the standoff including Pete Santillli and Joseph O’Shaughnessy aka “Captain O”. O’Shaughnessy claims to be part of a militia group from Arizona and part of the Pacific Patriot Network. O’Shaughnessy is attempting to get a helicopter to come to the area to conduct counter surveillance. O’Shaughnessy does not like how the holding of the refuge compound is being handled. He believes that a very limited number of Federal Agents could take back the refuge.

Doucette also met with individuals that claim to be part of the press covering the standoff named Mike LNU of the TVOI News Network, Vicki Davis, Chuck Greenwood, telephone: [omitted] and Tim Davis. Mike LNU says they have a “brother” in the Sheriff’s Department and if this comes to a fire fight it will be between the cops.

Doucette’s plan in Burns is to convene two common law grand juries in the area. A common law grand jury consists of 25 jurors and 1 Grand Jury administrator. It takes 25 jurors to indict and 12 to decide on a presented case. The starting point of forming a grand jury will be to discuss the idea with the Safety Committee [Harney County Committee of Safety] on Friday at a party that is planned to take place in town. Roger with the Grand Jury in Florida is assisting remotely with writing all of Bruce Doucette’s decisions and indictments.

Doucette believes that if Bundy gets what he wants (return of the land to the ranchers) that in 6 months it will be taken back by the Federal Government. Accordingly, Doucette stated that, “we can’t leave here until a new Sheriff has been appointed and a new government is installed.” Doucette believes that a sheriff can be appointed because the current sheriff, his department and local government are all corrupt.

. Continue reading ‘Burns Chronicles No 55 – Marshall Spring & Ben’ »

Burns Chronicles No 54 – To Jury, or, Not To Jury

Burns Chronicles No 54
To Jury, or, Not To Jury

Gary Hunt
Outpost of Freedom
January 23, 2017

Though I have posted the Preamble to the Bill of Rights a number of times, people still ask if there really is a Preamble to the Bill of Rights.  A preamble sets forth the purpose of the document, as the Preamble to the Constitution sets forth its purpose.  It is not a part of the document, rather an explanation as to why the document was created.  When Congress approved, and sent the Bill of Rights to the States, as required by Article V of the Constitution, the first paragraph explained why the Joint Resolution was passed.  It states, “declaratory and restrictive clauses should be added” for the purpose of “extending the ground of public confidence in the Government.”  To wit:

The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

So, now, we must determine if, in fact, it has extended “the ground of public confidence in the Government“, in light of the current situation.  Our query must be directed to the Sixth Amendment:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the assistance of counsel for his defence.

We must also look to the Seventh Amendment:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

So, between these two Amendments, we find that every judicial concept in the Constitution, with the exception of the House and Senate’s disciplinary procedures regarding their own members, requires a jury to make the determination of guilt or innocence.

The matter at hand is the additional charges brought against the lower level defendants in the occupation of the Malheur National Wildlife Refuge.  Since the government did not get a conviction of the leaders of said occupation, they have stooped to a new low, perhaps just being poor losers.  They have brought a Misdemeanor Information, for Trespass and other crimes, against the second group of defendants.  These charges were not a part of the Superseding Indictment.

. Continue reading ‘Burns Chronicles No 54 – To Jury, or, Not To Jury’ »

Liberty or Laws? – Natural Rights versus Civil Rights

Liberty or Laws?
Natural Rights versus Civil Rights

Gary Hunt

Outpost of Freedom
January 22, 2017

We must understand the difference between Natural Rights, those inherent in the people, and Civil Rights, those given to the People.  If we fail to do so, we participate in our own demise.

The concept of rule by those chosen by God, as claimed by the royalty of the past, where the royalty of Europe claimed to be descendants from God, and ruled by virtue of that sovereign nature.  When the United States of America declared their Independence from that concept, to the philosophical concept of the right of man to rule himself evolved, they moved into a Great Experiment.  Though this political philosophy had existed for hundreds of years, our Founders were the first to put this new form of government into practice.

Natural Rights are based on the concept that every man has a right to the fundamental necessities of life; those being Life, Liberty, and Property.  Thomas Jefferson, in writing the Declaration of Independence, chose to be poetic, substituting “pursuit of Happiness” for Property, though the many declarations that preceded the eventual Declaration of Independence were based upon Property, as defined by Locke and other early political philosophers.  Happiness is a consequence of possessing Life, Liberty, and Property.  It is not a tangible right, rather, a derivative, of those Natural Rights.  Jefferson, as Locke, had recognized that the purpose of government was to secure those rights.  It was no longer the rights of the king, From July 4, 1776 on, those rights became, truly, the Rights of the People.

The Constitution began the process of securing those rights, though few are mentioned in that Document.  Let’s look at those so secured:

  • “Authors and Inventors [have] the exclusive Right to their respective Writings and Discoveries.”  {I:8:8}
  • An Accused has the right to the “Trial of all Crimes…  [which] shall be by Jury”.  {III:2:3}
  • Finally, “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”  {I:9:2}

Now, some might question whether the third, Habeas Corpus, is a right.  The word “Privilege”, as used in the Constitution, is a right that can, under certain circumstances, by revoked.  Those circumstances are clearly stated, being “Cases of Rebellion or Invasion”, and no other.

Many of the Founders felt that it was insufficient not to protect those Rights, further.  Two states, North Carolina and Massachusetts, did not ratify the Constitution until after the Bill of Rights was submitted to the States for ratification.  Massachusetts would not ratify the Constitution until after the Bill of Rights was ratified.

In fact, the protection of those Natural Rights was so important that it was presented to the States for ratification complete with a Preamble, indicating the reason why the proposed amendments were being presented to the States:

The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

So, let’s look at the Rights secured by that document intended to “prevent misconstruction or abuse of its powers“:

. Continue reading ‘Liberty or Laws? – Natural Rights versus Civil Rights’ »

Freedom of the Press #4 – The Order

Freedom of the Press #4
The Order

Gary Hunt
Outpost of Freedom
January 12, 2017

I got a call from FBI Special Agent Matthew Catalano, earlier today, January 11, 2017.  He told me that he had an Order to serve.  We made the same arrangements to meet at the restaurant in Los Molinos.  The restaurant only serves breakfast and lunch, so it was closed, but I figured that this wouldn’t take very long.

I arrived at about 4:15 pm, and he said that he had to serve me.  He handed me the Order, I looked at it and said, “I refuse this service, it is for the District of Oregon, and I am not within that jurisdiction.”  I held the paperwork out toward him, but he did not take it, so, I said, “I will keep this, but I want you to tell Judge Anna Brown that I refuse service, as I am not subject to the Oregon District’s jurisdiction.”  He agreed to convey the message, and then he proceeded to read certain portions of the Order to me.  When he was finished, I reminded him that I wanted Brown to receive my message, and he assured me that he would pass it on.  I feel certain that he will.  After all, that is his job.  We shook hands, and we departed.

Though I had already received two copies of the Order from other sources, I hadn’t read it.  The news traveled so rapidly that my phone was in near constant use.  However, between calls, I read portions of the Order.  As I did so, a smile crept across my face.  Now, you may wonder why I would smile after receiving the Order, but my first thought was that Judge Brown had not had an opportunity to read my article, that had gone out just a few hours before.  The Order had been docketed, and I received copies just minutes after posting my article.  Judge Brown had not had the opportunity to read my response to the Memorandum that had refuted most, if not all, of what she was provided by the US Attorney in the form of the Memorandum to prepare the Order.

Quite frankly, when Brown filed the Minute Order (See Freedom of the Press Update – A Grateful Thank You), there were two possibilities.  First, that she really was holding the government’s feet to the fire, seeking real legal justification for issuing an Order.  The other, that she simply wanted the government to give her the paperwork she needed, in the form of a Memorandum, to provide justification to issue such an Order.  I decided to act on the former.  I had said many things about Anna Brown in the past, few of them complimentary, but if she had turned to the right side, she was deserving of the benefit of the doubt.  Her actions, in the past, had been nigh onto dictatorial, and had no foundation in law or justice.

So, let’s look at her Order, and I will comment, as we go.  It is dated January 11, 2017.

This matter comes before the Court on the government’s Motion (#1680) to Enforce Protective Order in which the government seeks to enjoin a third party, Gary Hunt, from further dissemination of discovery materials that are protected by the Court’s Protective Order (#342) issued March 24, 2016.

Through the Affidavits (#1681, #1690) of FBI Special Agent Ronnie Walker, the government asserts Hunt published excerpts from protected discovery materials on his website beginning on November 15, 2016, and continuing through the present. In particular, the government contends the postings on Hunt’s website identify some of the confidential human sources (CHSs) that the government used during the occupation of the Malheur National Wildlife Refuge. This information is not only protected by the Protective Order (#342), but the Court also found in its Order (#1453) issued October 18, 2016, that the government had provided to Defendants all information regarding CHSs that was relevant and helpful to the defense and, in particular, that the government was not obligated to disclose to Defendants the identities of the CHSs. Thus, the information in Hunt’s postings should not be publicly available.

Well, that is cute.  Have I not said, from the beginning, that I was not subject to the Protective Order?  Now, she says that the “information is protected by the Protective Order.”  That means that those subject to the Protective Order have an obligation to protect the information.  She is right in line with my thinking.  But, that will change a little later.

Then, she finds that “the government had provided to Defendants all information regarding CHSs that was relevant and helpful to the defense.”  That information was relayed to the defense on October 18, about ten days before the jury returned the not guilty verdict.  She also stated, “that the government was not obligated to disclose to Defendants the identities of the CHSs.”

So, let’s get real.  The government gave out redacted copies of the 1023 forms.  The defense could not call any witnesses who had been informants.  Obviously the information the government, and Judge Anna Brown, were willing to allow the defense to have was totally insufficient for them to prepare their defenses, especially with regard to possible exculpatory testimony those informants might have provided.  The Judge, well let’s just go with Brown, from this point on, disregarded the fact that two of the government’s informants testified.  Terri Linnell came forward voluntarily, against the wishes of the Prosecution, and testified for the defense. A diligent effort by the defense teams in tracking down Fabio Monoggio, another informant, whose testimony also was beneficial to the defense.  Both gave testimony, which may well have turned the tide on the jury’s verdict.  This testimony would have been denied the defense under the enforcement of the Protective Order and the subsequent statement on October 18.

This is absolutely contrary to the right protected by the Sixth Amendment to the Constitution, which says that the accused has the right, “to be confronted by the witnesses against him“.  Now, some have claimed that informants, unless they testify, are not witness.  However, that is not what the Protective Order (March 24, 2016) says.  That Protective Order clearly states what the prohibitions are, to wit:

IT IS FURTHER ORDERED that this Protective Order applies only to:

(1) Statements by witnesses and defendants to government officials;

(2) Sealed documents; and

(3) Evidence received from searches of electronic media.

Now, there are only two human objects in the Protective Order.  It applies to “witnesses” and “defendants”.  Well, I am not exposing defendants, so if the informants are not witnesses, then I am not in violation of the Protective Order.  Ergo, the informants are witnesses, so saith Brown.

Therefore, Brown has denied the constitutionally protected right of the defendants to confront those witnesses.

The record reflects FBI Special Agent Matthew Catalano met Hunt, who resides in Los Molinos, California, on January 5, 2017, and personally served him with a cease-and-desist letter from the government that demanded Hunt remove all discovery materials from his website. Special Agent Catalano also provided Hunt with a copy of this Court’s Protective Order (#342). According to SA Walker, Hunt stated he did not intend to comply with the cease- and-desist letter and did not believe that the Protective Order applied to him. It appears Hunt has not removed the protected discovery materials from his website.

. Continue reading ‘Freedom of the Press #4 – The Order’ »

Freedom of the Press #3 – “Contemptuous Postings”

Freedom of the Press #3
“Contemptuous Postings”

Gary Hunt
Outpost of Freedom
January 11, 2017.

Well, even though there were many interruptions, I was working on a response to SA Ronnie Walker’s first Affidavit.  Then, on January 9, 2017, Judge Brown, in a Minute Order (See “Freedom of the Press Update – A Grateful Thank You“), told the US Attorney that what they had filed with the Court was insufficient, and they had to go back and “do over”, to justify what they were asking the Court to do.

I will assume that they were up late, as they did make the deadline of providing a Memorandum, supported by an Affidavit, in Response to Judge Brown’s Order.  So, let’s look into the minds of these well-paid defenders of justice (just kidding).  We will deal with the Memorandum, though it will refer to, in one instance, the Affidavit.  There is no need to address the Affidavit.  It is simply a review of recent events with regard to this matter, but does provides a smidgen of hearsay supported by another smidgen of hearsay.  When one is desperate, one digs deep.

Now to the Memorandum; I will include all pertinent text, I will underline and address the more significant parts..

The United States of America, by Billy J. Williams, United States Attorney for the District of Oregon, and through Ethan D. Knight, Geoffrey A. Barrow, Craig J. Gabriel, and Pamala R. Holsinger, Assistant United States Attorneys, hereby submits this supplemental memorandum in support of the Government’s Motion to Enforce Protective Order.

On January 6, 2017, the government filed a Motion to Enforce Protective Order seeking an order from this Court enjoining third party Gary Hunt from further dissemination of discovery materials subject to this Court’s March 4, 2016, Protective Order. The Motion was supported by the Affidavit of FBI Special Agent Ronnie Walker.  On January 9, 2017, this Court directed the government to file a supplemental memorandum addressing the following issues:

Well, I suppose they could be, at once, be paying attention and not paying attention.  The Cease and Desist letter stated, “dissemination and publication of any excerpts of that material“.

To which I responded in “Freedom of the Press #2 – Cease and Desist“, when I wrote, “Holsinger has added a new twist by separating ‘dissemination’ from ‘publication of any excerpts’ with an ‘and’, making them separate and distinct elements.  However, the Order only addresses dissemination.”

So, we are back to dissemination.  Readers will recall that I have consistently stated that I was “excerpting, not disseminating“.  Of course, I first drew that distinction back on October 15, 2016, in “Burns Chronicles No 40 – Allen Varner (Wolf)“.  So, are there two elements, each different from the other, as in the Letter, or, only one element, as in the Protective Order?  Again, we must look at the letter of the law, and not what some government attorney wants it to be, at any given moment.

This is what Judge Brown has ordered the US Attorney to address.

1. The Court’s authority to enjoin the actions of a third party under the existing terms of the Protective Order and without advanced notice to the third party and an opportunity for that third party to be heard;

2. The Court’s jurisdiction to compel an individual who is not present within the district of Oregon to respond to the government’s arguments raised in the Motion via an order to show cause or other form of order; and

3. Whether the Court should amend the existing Protective Order in any respect to address the issues raised in the government’s Motion.

Now, these three items were deficient in this latest attempt to intimidate me into acquiescing to their unlawful demands.  Thankfully, Judge Brown saw through their charade and held their feet to the fire.

Now, let’s be clear that I don’t disagree with the title of this next section.  I think that it is easily understood that any Court has the authority to enforce its own lawful orders.  As an example, Mexico has the right to enforce its own lawful orders, within its own jurisdiction.  Come to think of it, so does California.  Even the Ninth Circuit Court can enforce its own awful orders, within its jurisdiction.  Now, the Ninth Circuit, coincidentally, includes both Oregon and California.  However, the Oregon District, while fully able to enforce its lawful orders within its own jurisdiction, it is not able to enforce in another jurisdiction, such as Mexico, or California.

Let’s see what the legal eagles in Portland have to say.

. Continue reading ‘Freedom of the Press #3 – “Contemptuous Postings”’ »

Freedom of the Press – Update – A Grateful Thank You

Freedom of the Press – Update
A Grateful Thank You

Gary Hunt
Outpost of Freedom
January 9, 2017

Judge Anna Brown, in Portland, Oregon, has made a decision regarding the Justice Department’s efforts to shut down my writings. Before I give you what she has said, I want to thank you all for the incredible outpouring of support for what I have been doing. I have no doubt that Judge Brown has issued the following order realizing that the government, in Ammon Bundy, et al., has overstepped their bounds and has to, now, eat a little of that pie called humble.

The Minute Order filed, today, January 9, 2017, reads as follows:

Order by Judge Anna J. Brown. The Court has reviewed the governments Motion to Enforce Protective Order and directs the government to file no later than Noon on Tuesday, 1/10/17 a supplemental memorandum that addresses the following issues: (1) The Courts authority to enjoin the actions of a third party under the existing terms of the Protective Order  and without advance notice to the third party and an opportunity for that third party to be heard; (2) the Courts jurisdiction to compel an individual who is not present within the District of Oregon to respond to the government’s arguments raised in this Motion via an order to show cause or other form of order; and (3) whether the Court should amend the existing Protective Order in any respect to address the issues raised in the government’s Motion.”

Briefly, the Court required the government to prove that I, Gary Hunt, come under the authority of the Court’s Protective Order regarding the Discovery material. Next, Judge Brown requires the government to prove that the Portland Distract Court has jurisdictional authority over someone not within that jurisdictional district. I am in California, the situs (def: the place to which, for purposes of legal jurisdiction or taxation, a property belongs.) of the alleged crime. Third, if the Court does decide to amend the Protective Order, they will have created an “ex post facto Order [law]”, which is prohibited by the Constitution. And, finally, she has given them until tomorrow, sort of like the 24 hours they gave me, to provide a memorandum justifying their efforts to add me to the list of those persecuted by the government in the Malheur National Wildlife Refuge event.

Again, thanks to the thousands of patriots who joined this battle. Also, special thanks to Maxine Bernstein at the Oregonian/Oregon Live, for her article laying out the position of the government and as well, mine. I have no doubt that her article and the subsequent Associated Press articles on the subject were a major factor in the Judge’s reinforcement of the principles that we are still a nation of laws, to which the government, also, is bound.

With gratitude to all,

Gary Hunt
Outpost of Freedom
(Press, publishing in a blog format)

Freedom of the Press #2 – Cease and Desist

Freedom of the Press #2
Cease and Desist

Gary Hunt
Outpost of Freedom
January 8, 2017

THE PREAMBLE TO THE BILL OF RIGHTS

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

THE FIRST AMENDMENT

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

* * * * * * * * * * * * *

Perhaps it would help if we look at the initial step that the government took in attempting to suppress the First Amendment protected right, that “Congress shall make no law… abridging the freedom… of the press“. Congress, being the only legislative body of the government (Article I, Section 1, “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”), cannot, by that simple statement, delegate to any other branch of the government the authority to pass any law, rule, or policy that would be contrary to that protection afforded by the Constitution.

The first step, as explained in “Freedom of the Press – Part #1”, was a Letter, hand delivered by a FBI Special Agent. I read the Letter in his presence, and we discussed certain aspects of it. However, for the reader, it is necessary to understand just how the Justice Department (pardon my misnomer) threatened me, if I did not comply with their demands. (Bold text in the original.)

Dear Mr. Hunt:

Excerpts of material produced in discovery under a Court Protective Order in the above subject case, United States v. Ammon Bundy, et al., 3:16-CR-00051-BR, have been viewed on your website (http://outpost-of-freedom.com). Your possession of that material and any dissemination and publication of any excerpts of that material violates the terms of the Court’s Protective Order (copy enclosed).

Consequently, you must immediately cease and desist publicly disseminating that material. You must also return all copies of that material to the United States and remove all protected material from the referenced website or any other website. To make arrangements to immediately return all material, electronic or otherwise, that is illegally in your possession, please contact the Federal Bureau of Investigation at (916) 746-7000 and ask to be directed to the Chico Resident Agency. Failure to immediately comply with this demand within twenty-four hours will necessitate that the United States seek a court order compelling your compliance.

The Letter was signed by Pamala R. Holsinger, Chief, Criminal Division, for Billy J. Williams, United States Attorney, U. S. Department of Justice, District of Oregon.

Now, the Order states that the information is not to be “disseminated”. I understood the provision, and the documents were provided to me with the understanding that I would only “excerpt” from the documents. This was explained the first time I excerpted from the document, in “Burns Chronicles No 40 – Allen Varner (Wolf)“. I stated at that time:

“I will be referring to FBI documents that I have obtained.  They are marked, at the bottom left corner, “Dissemination Limited by Court Order”.  So, let me make this perfectly clear — I have no intention of “disseminating” the documents, nor am I bound by any “Court Order”.  I am writing about a Public Trial, which was held in September and October 2016.  Had I access to these documents during that trial, I would have written the same article that I am writing now.”

Now, is there a difference between excerpt and disseminate? From Merriam-Webster:

Disseminate:
1:  to spread abroad as though sowing seed.
2:  to disperse throughout

and,

Excerpt
1:  to select (a passage) for quoting:  extract
2:  to take or publish extracts from (as a book)

Disseminating the information that I received is something someone else did. I simply took excerpts, or extracts, from the documents. If laws, or edicts, are to be held to, they must be written. If the Court chose to use “disseminate”, when they meant, “excerpt”, they should have used “excerpt” instead of “disseminate”. But, more about that, later. If the Court can pick and choose, or change, a definition to suit whim, then we really are in trouble. So, while that difference may appear relatively insignificant, generally speaking, from the legal standpoint, there is a chasm between the two.

Holsinger attempts to pretend that this is the same thing. But when we look the wording of the Letter, it is apparent that there is an attempt to misrepresent the Court Order by stating, “dissemination and publication of any excerpts of that material“. Holsinger has added a new twist by separating “dissemination” from “publication of any excerpts” with an “and”, making them separate and distinct elements. However, the Order only addresses dissemination.

Then, Holsinger states that “[My] possession of that material and any dissemination and publication of any excerpts of that material violates the terms of the Court’s Protective Order“. Obviously a conclusion that Holsinger has drawn, though that Order was not directed to me, rather, it was directed to other specific people. So, as I said in Burns Chronicles No 40, I am not bound by this Court Order. However, before we get to the attachment, there is one more point to address.

. Continue reading ‘Freedom of the Press #2 – Cease and Desist’ »

Freedom of the Press #1 – Meeting with the FBI

Freedom of the Press #1
Meeting with the FBI

Gary Hunt
Outpost of Freedom
January 7, 2017

On the morning of January 5, 2017, I received a phone call from Special Agent Matthew Catalano, out of the Chico, California, FBI Office. I recognized the name from my research. It appears that he has been assigned to do Internet investigations on Gary Hunt. His research included articles in Mainstream Media that mentioned my name, and my own articles. However, I do know that he has been reading the “Burns Chronicles” series, as most of the earlier ones are in evidence in the Ammon Bundy, et al, trial discovery.

Back to the phone call. He told me that he had a letter from Portland that he wanted to deliver to me. He asked if I was going to be in Chico, which is about 25 miles away, and I seldom go there. I told him no. He then offered to meet me at the local Sheriff’s Office. That is about 15 miles from me, so I said that I would be glad to meet him in a restaurant, here in Los Molinos. That was agreed to. I then asked him if he had a warrant. He said that there was no warrant, only the letter. We then arranged the meeting, and he then informed that he was bringing a fellow agent along with him.

As arranged, we met at the restaurant just before noon. We sat in the front booth, my back toward the window and daylight in their faces.  There was an older man in the booth immediately behind them, and once he heard the words “F B I”, he turned towards us and listened, intently. Apparently, FBI presence in Los Molinos (population about 1200 and rural) is not quite an everyday occurrence.

After introductions, they ordered coffee and me, iced tea. Then, he handed me the Letter. I asked the agent what statute that bound me to the Cease and Desist portion of the letter. He answered that he didn’t know. When I asked him what he thought of the verdict in the Portland Group One trial, he answered that he was surprised by it and by the election results (Presidential). I had the distinct impression that he was pleased with the election results. We discussed the Roviaro decision (See “Informants – What to do About Them #2“) and I wondered, aloud, why the government chose to intentionally out Mark McConnell when Oregon State Police (OSP) Officer Beckert testified. He seemed somewhat surprised that the government outed McConnell, so it appeared that he had not followed the trial.

I told him that no informants had received any serious threats, though McConnell, and his girlfriend, Shannon Vita, had displayed weapons when they went to a restaurant where Jon and some friends were eating. (See “Informant Mark McConnell Receives Surprise Christmas Gift From Activist Jon Ritzheimer“)

I explained to Catalano that for over twenty years, I have always had respect for the FBI, as they have always been courteous and respectful (I know that many will disagree with this), with the exception of the Hostage Rescue Team (HRT). I explained to him about how the HRT overrode the regular negotiators in Waco, resulting in the deaths of over 80 people. He said that he was only 4-years old at that time, making him about 31 years old, now.

. Continue reading ‘Freedom of the Press #1 – Meeting with the FBI’ »