Outpost of Freedom blog

“No bended knee for me” – the Demonization of Robert Beecher

Gary Hunt
Outpost of Freedom
August 8, 2014

The Search Warrant has been made available, though the Arrest Warrant, if there ever was one, has not been produced. The Grand Jury Indictment is based upon first, demonization of Robert Beecher, then, on the evidence obtained from a search under a Search Warrant. Or, was it?

Understand that what you are about to read is not an uncommon occurrence in this country, today. You may well find yourself facing similar circumstances, under trumped up charges, or intentional misapplication of the law — as in this present instance.

This is going to be a difficult story to follow, since there are so many quirks and appearances of injustice, and impropriety, at least based upon the concept that we have been led to believe in — Innocent until proven Guilty.

We will break this down into six parts, though since we have no Grand Jury records, we can only discuss what went to the Grand Jury, not what they deliberated over. Those six parts are: Demonization of Robert Beecher; The Indictment; The Search Warrant; The Search; The Arrest; and, Possessing & Receiving.

Now, within this narrative, you will see what the government has presented to the Grand Jury, to obtain an indictment, and you will see what the Grand Jury did not see, that being the other side of the story.

Demonization of Robert Beecher

So, what did the government do to “demonize” Robert Beecher? In a “Full Investigation” opened on July 31, 2013, by FBI Special Agent Stanley H. Slater, (912) 764-6311 (Note: Call him at your own peril). The “investigation is being initiated based on Internet postings attributed to Beecher that indicate he is planning to commit violent acts toward federal government employees.” So, what someone said on the Internet is sufficient to open an investigation, unless, of course, you are a Negro and say “Kill Whitey”, or, a Muslim who says, “No Democracy, only Sharia law!” But, I digress.

From that investigation initiation report, we find:

Subjects Ryan Payne and Jerry Bruckhart are recruiting militia members throughout the United States to participate in a plan called “Operation Mutual Aid”. The plan calls for the kidnapping of a DHS agent in hopes of creating an incident that will cause other militia groups to take supportive action. Bruckhart has used the Internet to promote this plan and is the administrator of the Operation Mutual Aid website “operationmutualaidl.webs.com [no longer on line]”.

First, we’ll address something that my investigation has turned up with interviews with people who discussed that certain scenario. Some of them were associated with Operation Mutual Aid (OMA), others were not. At the time, it was discussed, fairly openly (on the Internet), and was not initiated by, or an objective of, OMA. I am still able to find reference to this activity, or bits of it, on the Internet. The scenario was that if DHS (or its subordinate agencies) were to clamp down and post roadblocks on all, or most, major highways, the objective was to “capture” a DHS agent and “escort” him to Washington and demand that the roadblocks cease, thereby proving that we could both “capture” and “escort” through the roadblocks, regardless of DHS’s efforts to control the people and their movement. It was an “IF” scenario. Though it may have been discussed on the OMA website (I found no reference there), it was not, by any means, within the Purpose of OMA, nor an OMA “operation”. The OMA Mission Statement has not changed since its inception, but the government seems to want it to be something other than what it really is.

Let’s look at the evidence that has, as you will see, been misrepresented to demonize Beecher to the Grand Jury. From alleged discussions on the then OMA website, the FBI cites the following, attributing them the Beecher, using the pseudonym “Stalker” (pseudonym confirmed):

“… I am ready to do what is necessary to remove this rogue government that has taken over our Country. I grew up Free and will die Free, I will never submit, or bend knee, to a corrupt government. Neither will I ask for mercy nor give it, once the Battle is joined.”

“The way I see it, to win this fight, we must fight like the insurgents. We must disable their communications and supply using hit & run tactics. There can be no more ‘I’m just doing my job’ passes given. We must destroy their support system which is the ‘little man’, without the ‘little man’ doing their jobs we can force the top to tumble, take their legs out from under them, so to speak. This means anyone working for the government. This would mean that anyone doing so would have to be mobile and willing to give up all comfort as they know it. A lot of 3-man Teams could accomplish what one large force couldn’t.”

Note that Beecher said, “…once the Battle is joined.”. Also note that there is nothing in the report that suggests kidnapping and torturing a DHS agent, as claimed in the court documents. Now, that is not a call for action, rather, a statement that he will defend the Constitution, if the government goes “rogue” — a reaction. Heck, if that is illegal, then they should be charging hundreds of thousands of people, if not many millions, who are apprehensive that government is approaching the level of “Despotism” mentioned in the Declaration of Independence — it is our “right” and “duty” to act to preserve our nation. After all, the oath to the Constitution that all military personnel take (Beecher served in the Army, 1971-73) pretty much requires that the Constitution be preserved. However, that doesn’t play well when you submit your “evidence” to a Grand Jury, seeking an Indictment.

Now, we all know that the government likes lists (I think it makes them feel like they are accomplishing something). It is their way of classifying us so that they know who, by their very words, might be extremely dangerous (unless a Negro or Muslim). On November 8, 2013, we find that the government has labeled Robert Beecher “Domestic Terrorism – Militia Extremist”. They have also entered him on the “Terrorist Screening Database” (TSDB) and the “Known and Suspected Terrorists” (KST) list. This, apparently, based upon the erroneous and grossly misrepresented information above. However, inclusion on those two lists surely plays well with the Grand Jury.

So, let’s continue reviewing the “excellent” work of those well-paid “Fidelity, Bravery and Integrity” people. In a report dated June 21, 2013, they provide even more “intelligence”, to wit:

FBI Salt Lake City identifies Robert M. Beecher as a possible associate/member of the West Mountain Rangers 41st Mountain Field Force militia group based out of Montana. This group has a plan identified as “Operation Mutual Aid” in which they want to kidnap a DHS agent in hopes of creating an incident which will cause other militia groups to take supportive actions.

Well, they knew that Beecher was working in Georgia, so I suppose they think he went to Montana on weekends to join a militia that is, well, only for Montanans.

So, if you want to go to a Grand Jury and get an indictment for a crime unrelated to the above, you surely want to get the above information before the Grand Jury, regardless of the veracity of the information, so that the Grand Jury will know, before they evaluate any other information, that Robert Beecher is a despicable person, ready to kidnap and torture government agents, though he never left home or the surrounding area, in Georgia, for the period from the original investigation (July 31, 2013) to the date of the Grand Jury Indictment (June 4, 2014). They claim he was part of a Montana Militia and was conspiring with people in Montana (Payne) and Pennsylvania (Bruckhart), in open forums on the Internet, to commit these evil deeds, though they offer no more tangible proof than what is mentioned above — that aren’t even charges in the Indictment. However, that is the foundation laid before the Grand Jury, to assure Indictment on far lesser, and as will be explained, bogus charges.

The Indictment

The Indictment, duly signed by the Grand Jury Foreman and four members of the Department of Justice, show us the heinous crime, if it is, in fact a crime (See discussion of Possessing & Receiving), the has been manufactured by three government employees (DOJ, FBI, and BATF):

COUNT ONE

(Possession of Firearm by a Convicted Felon)

THE GRAND JURY CHARGES THAT:

Between on or about February 5, 2014, and February 15, 2014, in Tattnall County, within the Southern District of Georgia, the defendant,

ROBERT BEECHER,

who before that time had been convicted of a felony offense, an offense punishable by imprisonment for a term exceeding one year, did unlawfully and knowingly possess, in and affecting commerce, a firearm, that is, one Marlin .30-30 rifle, Model 336, serial number 231106294, which had previously been transported in interstate commerce, in violation of 18 U.S.C. §922(g)(1).

COUNT TWO

(Possession of Firearm by a Convicted Felon)

THE GRAND JURY CHARGES THAT:

On or about May 7, 2014, in Tattnall County, within the Southern District of Georgia, the defendant,

ROBERT BEECHER,

who before that time had been convicted of a felony offense, an offense punishable by imprisonment for a term exceeding one year, did unlawfully and knowingly possess, in and affecting commerce, firearms, that is,

one Marlin 30-30 rifle, Model 336, serial number 231106294,
one Remington .22 caliber rifle, Model 597, serial number A2666353, and
one Hi-Point .45 caliber pistol, Model MP, serial number 460571,

all of which had previously been transported in interstate commerce, in violation of 18 U.S.C. §922(g)(1).

               A TRUE BILL.

(PDF of Beecher Indictment)

Now, I have trouble understanding legalese, but I do understand words. So, if I read this carefully, I see that in both Counts, he is charged with possessing “one Marlin .30-30 rifle, Model 336, serial number 231106294”. Except for the dates, the charges for that rifle are identical. So, we can conclude that dating the pictures (captions provided below) gave them, for Count One, dates of February 5 – 15, 2014, and for Count Two, May 7, 2014. So, if you get a Count for each occurrence of possession, why not give a Count for each day in between, if in fact Beecher did Possess such a weapon. This possession, however, will be discussed latter. However, we can conclude that the pictures played a role in the evidence submitted to the Grand Jury.

You might also note, for future reference, the phrase in both Counts, “did unlawfully and knowingly possess, in and affecting commerce, a firearm“. This, too, will play a very significant role in the subsequent discussion.

I will point out here that some of the court documents make a point of showing the expansive experience and training that some of the agents have acquired, over the years, which is used to conclude that the weapons in question were, in fact, manufactured in a state other than Georgia. Those same documents show that Jessi purchased the mentioned “Marlin .30-30 rifle, Model 336, serial number 231106294”, which raises the question of possession, which will be addressed, later.

Search Warrant

Now, we move on to the “Affidavit in Support of Application for Search Warrant”. The information I have has no date on the Affidavit, though it is prepared by Special Agent Lorin Coppock, Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATF when they raided Mt. Carmel Church, Waco, Texas). He lists his experience, including Deputy Sheriff and BPS, and then begins presenting his “evidence”. He, apparently, had an informant who logged into Beecher’s Facebook account and then allowed investigators to view Beecher’s Facebook account and access the pictures on Beecher’s page. Though I don’t have the pictures, by the captions and other information in the Affidavit, Beecher is apparently seen in thirteen pictures holding, or near, a weapon (rifle or pistol). The Affidavit then describes both III% slogans and memes that are commonly circulating through Facebook, on hundreds of pages. There is also reference to “Molon Labe” (Come and Take It), which, as was explained above regarding his statements in the discussion on the OMA webpage, purely defensive. Then, as absolute proof of his nefarious activity, it shows that Beecher is a member of a Facebook group, “Central Ga Guns & Ammo Trader”.

SA Coppock then talks about his experience and knowledge that people who own firearms, hold them for “lengthy periods of time and store them in their residence or vehicle”. That is a rather interesting revelation.

Though the copy of the Affidavit that I have obtained had poor quality photographs, the captions are, in themselves, telling (underline, mine):

• On February 15, 2014, Jessi Winkler posted a photograph to Beecher’s Facebook account. Winkler captioned the photograph “With Robert Beecher III”. The photograph is of Beecher sitting on a couch holding what appears to be a Marlin 336 rifle.
• b) On February 15, 2014, Winkler posted another photograph of Beecher holding what appears to be the same rifle. In this photograph Beecher is outside leaning over a box-like structure in a braced firing position. The caption for this photograph is “Target practice-with Robert Beecher III”. Beecher added a comment to the photograph which reads “Best present ever. Im glad this was shot from the back or I’d have been embarrassed”
• c) On January 7, 2012, Beecher posted a photograph of a small child holding a candle standing next to what appears to be a Rossi single shot rifle. Beecher captioned the photograph “I light the candle, he blows it out. I just love a Saturday morning with him…” Beecher later added the comment “For the record: That is my Grandson’s (Aidan) .22 single shot rifle. Alex was dragging it by the sling earlier, its now secured…”
• d) On February 18, 2012, Beecher posted a photograph of two boys outside. One of the boys is holding what appears to be a Rossi single shot rifle while the other is holding what appears to be a BB gun. Beecher captioned the photograph “10 year old shooting-in Riverridge, GA.”. Beecher later added the comment “1 let this one try a .20 gauge, He went back to the .22. This is the future…”.
• e) On February 18, 2012, Beecher posted a photograph of the same two boys. One of the boys is holding what appears to be a single shot Rossi rifle and the other is holding what appears to be a BB gun. Beecher captioned the photograph “More practice”. Clearly visible in the background of this photograph is a house that has been identified by your affiant as Beecher’s residence.
• f) On October 20, 2012, Beecher posted a photograph of a child holding what appears to be a Rossi single shot rifle. One of Beecher’s “friends” posted a comment about the child’s finger ‘being on the trigger of the rifle when the photograph was taken. In response Beecher posted the comment “I corrected it. He checked to make sure it was unloaded after picking it up. That was a good sign he listens…”
• g) On March 29, 2013, Beecher posted a photograph of a child sitting on a tree stump holding what appears to be a Rossi single shot rifle. Beecher captioned the photograph “Guard Duty”. One of Beecher’s “friends” posted the comment “CPS be looking into this, hope the kid has good aim! You teaching them right gpa!” In response Beecher commented “CPS will be stepping into a Hornet’s Nest they come out here telling me how to raise my Grandson…”
• h) On April 26, 2013, Beecher posted a picture of three children in a wooded area. One of the children is holding what appears to be an AR-15 rifle. Beecher captioned the photograph “Aldan took the rifle, fight time…-at Beechers.”
• i) On April-26, 2013, Beecher posted another picture of the same child holding what appears to be an AR-15 rifle. Beecher captioned the photograph “He won’t put it down. I never argue with a kid holding a rifle…-at Beechers.”
• j) On March 31, 2013, Beecher posted a photograph of a baby sitting on the floor inside a house. In the corner of the room is what appears to be a scoped rifle leaning against the wall. Beecher captioned the photograph “Max hopes everyone has a Happy Easter”.
• k) On April 29, 2013, Beecher posted a photograph of a baby sitting on the floor inside a house. Directly behind the baby is what appears to be the stock of a rifle or shotgun that is leaning against the wall.
• l) On June 9, 2013, Beecher posted a photograph of a child leaning over a table looking toward the person taking the photograph. Beecher captioned the photograph “Papa. Papa. Papa. I want to shoot my gun.”
• m) On April 5, 2014, Beecher posted a photograph of a young child inside a home next to a dining table. Hanging on one of the chairs at the table is what appears to be a shoulder holster containing a pistol. Beecher captioned this photograph “Someone came to play with Papa…”

Note the effort to instill concern because there are children around the firearms? I doubt that the Grand Jury would over-look this with an understanding that firearm safety should be taught at home, by family.

He then points out that two of the firearms he was able to identify in the photographs on the Facebook page, a Marlin rifle and a Rossi rifle, are not manufactured in Georgia. Now, it begins to get interesting, at least in context to timing of events. The Affidavit resulted in the issuance of a Search Warrant signed on May 6, 2014 at 2:32 P.M.

When Coppock describes the “Items to be Seized”, he begins with:

Based upon the aforementioned facts, I believe probable cause exists that the following items listed in Attachment B, which constitute evidence of violations of Title 18, United States Code, Section 922 (g) (1) will be found at the location to be searched. The items listed in Attachment B constitute contraband, evidence and/or instruments of the aforementioned offenses. (Attachment B is the Affidavit, complete with pictures.)

Wait a minute! He said that he needed the warrant and to search for these items to provide “evidence… of the aforementioned [18 USC 922 (g) (1)] offenses. Doesn’t that imply that they need more than pictures to get an Indictment? They have to find proof that an “offense” has committed.

Well, if the Warrant was issued on May 6, at 2:32 P.M., and the Warrant was executed on May 7, 2014 “at approximately 2:00 P.M.” Then they didn’t have the evidence necessary to bring charges against Beecher until after they verified that the weapons actually existed as “evidence… of the aforementioned offenses.” The search was not completed until nearly 5:00 P.M.

However, Beecher was first detained at work on May 7, 2014 at about 3:00 P.M. (See “Arrest”, below) — before the Search was completed. It sure appears to any observer that there was a presumption of guilt the led to the arrest, and then an effort to find “evidence… of the aforementioned offenses.” Rather backward, and contrary to the intent of the Framers of the Constitution and the concept of: “Innocent until proven guilty.”

Now, the Fifth Article in Amendment to the Constitution says, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury.” “Held to answer” means arrested and charged with something that you will have to answer to, in court. However, the Indictment (for arrest?) was filed by the Grand Jury on June 4, 2014, though the arrest occurred on May 7. Further, there is no record of an Arrest Warrant ever having been issued. So, hasn’t the government got the cart before the horse? Or, perhaps more likely, “cart attached; horse to follow.” Or, is it possible that the FBI Academy (as well as the BATF equivalent) failed to include a course on the Constitution — “just take the oath, we know you know that the law is what you say it is”.

The Search

Robert lives in an RV parked on Cindy’s property. Cindy lives in a house on a 0.6-acre parcel. The address of the house is the address on the Search Warrant. Being divorced, they live separate lives, though they are still on friendly terms, occasionally playing cards, watching a movie, or playing with the grandchildren, most often at Cindy’s house. However, whether Cindy goes to Robert’s home, or Robert goes to Cindy’s home, the visitor is a guest in the home of the other. The only thing shared is the mail delivery address.

May 7, 2014 about 5:00 P.M. When Jessi arrived at her mother, Cindy’s, house [JL]:

The living room, kitchen, and bathroom were fairly decent, but the three bedrooms (the master, the kids’ room, and the guest room/computer room) were absolutely trashed. A window unit AC was lying on my mother’s bed, her bedspread torn off, jewelry dumped out, closets emptied. In the kids’ room, everything from the closet was strewn around, and the same with the computer room. I never went into the RV [Robert’s home] but my mother said it was destroyed as well. My husband and I cleaned up the shed [Cindy’s] ourselves, and it was a complete wreck.

No surprise that the government, in acquiring evidence of an atrocious crime such as holding a firearm, warrants such destruction of property that doesn’t even belong to Robert Beecher.

The Arrest

The arrest of Robert Beecher deserves a detailed explanation, both as how the government operates and as a lesson on what to expect if you are ever confronted by lying government agents. We will repeat some of the elements of the timeline, so that a proper perspective can be put on what went down. Timelined events are factual, based upon documents in my possession. My commentary will be in separate paragraphs. This information, except the FBI interview report, was not presented to the Grand Jury.

Note: Sources: JL=Jessi Letters to OPF; RL=Robert’s letters to OPF; FBI=FBI Interview report, other unattributed are from court records

May 6, 2014 at 2:32 P.M. – Search Warrant signed

May 7, 2014 at 2:00 P.M. – Search Warrant executed (search begun)

May 7, 2014 at about 3:00 P.M. – Beecher ‘detained’ by Agents Slater (FBI) and Coppock (BATF).

This is based upon letter from Jessi Winkler (Robert’s daughter) to OPF. Jessi has an accurate timeline based upon times logged on her phone. At 4:01 P.M. she received a call from her mother (Cindy, Beecher’s ex-wife) saying that Robert’s boss had called her and said that the FBI and BATF had taken Robert away about an hour before. There are no available government records to substantiate this. A letter from Robert [RL] to OPF explains that the agents informed him that he was “not under arrest, that they needed to talk about some things and asked if [he] knew Jerry Bruckhart at OMA” (See “No bended knee for me” – the Persecution of Robert Beecher).

Now, I know that sounds self-serving — to claim that he was told that he was not going to be arrested. This same “set-up” happened to Ron Cole, back in 1997. However, the FBI, in their own Interview Report [FBI], tell us:

Beecher was asked if there was anywhere else private to talk. Beecher suggested talking in the parking lot near the business and began to walk toward where SA Coppock’s vehicle was parked. SA Coppock suggested talking in his vehicle and Beecher agreed. SA Coppock sat in the driver’s seat, Beecher sat in the front passenger’s seat and SA Slater sat in the middle of the back seat. Once inside the vehicle SA Coppock advised Beecher that he was not put under arrest and was free to leave at any time.

However, again according to the FBI, this about two-thirds of the way into the printed interview [FBI]:

At this point in the interview Beecher noticed SA Coppock and a uniformed Toombs County deputy walking around the front of SA Coppock’s vehicle toward the passenger’s side. Beecher turned back around toward SA Slater and asked if he was going to be arrested. Beecher was informed that he was going to be arrested for being a felon in possession of firearms.

This portion of the interview occurred at Beecher’s workplace. Considering the amount of information discussed, that would probably come close to an hour after the original detention. They then left the Leprechaun Car Wash, in Vidalia and took Beecher to the Tattnall County Jail. This is about 20 miles and 23 minutes, according to Google Earth. That would put the arrival at the Jail, at earliest, at 4:00, though more likely about 4:30 (the record reflects very few times).

Once they arrived at the Jail, we find this in the interview [FBI]:

Beecher was led into the conference room of the Tattnall County Sheriff’s investigator’s office. Beecher was advised of his rights with a BATFE Advice of Rights and Waiver form. Beecher signed the form and agreed to continue talking with Agents.

So, Beecher signed the form AFTER they arrived at the jail. The form (ATF form 3200.4) does bear Beecher’s signature, and it is witnessed by BATF SA Coppock, who dated and signed the form as a witness, “5/17/14 3:03”. Beecher later commented that the time was in error (See May 7, 2014 at 4:37 P.M., RL), and we must agree with him. The original detention occurred, at best, no earlier than 3:00. Then we have the initial interview, conducted in SA Coppock’s car. Later, they went to the Tatnall Sheriff’s Office and then Beecher signed the waiver. At the earliest, around 4:00, more likely later. However, by making the “official record” show that it was signed about the time of the original detention (3:03), it would mean that everything discussed prior to the waiver could be included on the record, and fair game (“can be used against you”). However, considering the apparent low IQ of most government agents, lying both about not arresting Beecher and about when he signed the waiver, it is not difficult to understand that they were stupid enough to leave the proof of their perjury in the written evidence.

You should find it outrageous that the FBI (or any government agency) can lie to the people, yet they impose criminal penalties on the people, if they lie to the government agents (See 18 U.S. Code § 1001 – Statements or entries generally), the people can be fined and/or imprisoned, though the government agents are immune from such penalties.

Jessi, being closer to where Robert was taken, attempted to find where he was detained. She was told at both the Tattnall County Sheriff’s and the Reidsville Police Department that he was not being detained at either facility. After over half an hour, and numerous phone calls, Jessi found that Robert was being detained in a building behind the Sheriff’s Office. We can let Jessi’s words speak for themselves:

May 7, 2014 at 4:37 P.M. [JL]:

Jessi “drives up towards the Sheriff’s office. There are two buildings located behind it, and as she asks a deputy outside of one where the proper one is, he points to the second one and she sees two men standing outside of it [Agent Slater and Agent Coppock].”

At this point, I pulled up and parked outside the proper building, and the agents introduced themselves as soon as I exited my car. We spoke for about five minutes or so. They discussed Dad’s militia and patriot group ties, told me that he had “great historical knowledge” of the III% movement, and that they were hoping he could help them out. I asked them what the charge was and they mentioned the felon in possession of a firearm, and also a possibility of conspiracy. I asked them what kind of time that would bring, and Coppock told me that it was a maximum of 10 years. At that point, Agent Slater spoke up and told me that while he didn’t think my father was dangerous, and that he seemed more of a patriotic prepper, he also believed that my father knew people who were dangerous. He blathered on about how my father might not want to hurt people, but how he could let them know who would, and how those people were dangerous to the cause my father believes in.

I was told that if he would cooperate, and give them some solid information, that it could play in his favor. I asked them what he meant by that, and Coppock told me that since Dad was 60, had a clean record for the past two decades, and since none of the guns were high-capacity assault rifles, but rather hunting rifles, that he could be looking at a slap on the wrist. His expression and tone made it clear that nobody would push hard for hard time based on the rifles found. Slater told me that it would be helpful if my family and I would help pressure Dad into cooperating, to tell him that his grandchildren needed him to stay home. At this point, we went inside the building where I saw my father.

He was handcuffed, but he smiled and joked a little with me about the whole situation. I asked for permission to hug him, and when they gave it to me, I hugged him and whispered ‘What should we do?’ He told me to not say anything, that I didn’t know anything, and that the guns were a bullshit charge. This is when he first mentioned the threat to arrest me in a roundabout way because he said ‘I’m not going to let them do this to you.’ He told me not to tell anyone other than Sean [Jessi’s husband] and my sister for the next few days, until he had a better grip of what they were wanting and what was going on. I had about five minutes with him before two officers took him away to take him to Savannah.

The agents gave me his belongings in a large Ziploc bag, and again told me that we should pressure him into cooperating, and that he could walk away from this if he did. They also told me to keep his arrest quiet since he couldn’t provide valuable information if everyone knew he was arrested. I told them I wouldn’t say anything (since my father had instructed me not to), but that if they didn’t get my Dad out on bail fast it was a moot point since he is very active online, and people would notice his absence very quickly. They said they would see what they could do.

This is corroborated by Robert’s [RL] statement:

I was questioned about various people involved in different groups and organizations. I kept telling them I wasn’t familiar with the names, and that because I dealt with a lot of people in different parts of the country, some with the same first names, that I was unsure of who they were talking about. Again I was told that if I helped them that they would help me, that they could help me get released if I helped them. Around 4:30 they read me my Miranda rights. [This statements refutes Coppock’s time of 3:03]

The important thing for people to understand is that if they did this to me, how many others have been snatched and agreed to inform? Good people, but outside their limits dealing with lying ass federal agents?

Conveniently, however, there is no mention of an effort to “turn” Beecher into an informant, though they do admit to asking him about some groups and some individuals.

May 7, 2014 at about 5:03 P.M. – [JL] …two agents came into the building, and from their conversation it was clear that they had just returned from searching my mother’s house. They were basically asked by Slater/Coppock if there had been any problems with the search.

This would put the completion of the search well after 4:30. Recall that the Search Warrant was granted because “The items listed [if found] constitute contraband, evidence and/or instruments of the aforementioned offenses.” So, the earliest time that they could even begin to suggest that there was evidence of alleged crimes would be at the completion of the search, or at least 1 1/2 hours after he was first detained — without an arrest warrant. Now, let’s look at:

Receiving & Possessing

Though I addressed this aspect of the charges in “No bended knee for me” – the charge against Robert Beecher, seeing the Indictment and reading the Affidavit, gives us even more to contemplate.

The statute, 18 USC 922 (g) (1), clearly states that:

It shall be unlawful for any person… who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year… [1] to ship or transport in interstate or foreign commerce, or [2] possess in or affecting commerce, any firearm or ammunition; or [3] to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Now, the Code of Federal Regulation (CFR), is titled, 27 CFR 478.32 – Prohibited Shipment, Transportation, Possession, or Receipt of Firearms and Ammunition by Certain Persons:

No person may ship or transport any firearm or ammunition in interstate or foreign commerce, or receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce, or possess any firearm or ammunition in or affecting commerce, who… [then lists elements that would preclude]”

Note the subtle difference between the two wordings. In Title 18, the shipping and receiving are separated by the “in or affecting commerce”. However, in 27 CFR, the wording ties the first (shipping) with the second (receiving), then goes on to “in or affecting”.

There is one more ‘writing’ that might tend to mislead. It is found in the Indictment, and most likely the chicanery of the US Attorney (probably AUSA Carlton R. Bourne, Jr.) in suggesting contrary to the law, itself, when they cite “Possession of Firearm by a Convicted Felon”, in a very general sense, in identifying the charges. Titles, however, are not laws. It is the specific wording of the law that makes an act criminal, or not. And, we know that the government would never, ever, lie or try to mislead us — or the Grand Jury.

So, let’s look at the pertinent definitions of the words used in the statute [definitions from Black’s Law Dictionary – Fifth Edition]:

Possess: (pertinent parts)
To occupy in person; to have in one’s actual and physical control; to have exclusive detention and control of; to have and hold as property; to have a just right to; to be master of; to own or be entitled to.

Possession: (pertinent parts)
The detention and control, or the manual or ideal custody, of anything which may be the subject of property, for one’s use and enjoyment, either as owner or as the proprietor of a qualified right in it, and either held personally or by another who exercises it in one’s place and name. Act or state of possessing. That condition of facts under which one can exercise his power over a corporeal thing at his pleasure to the exclusion of all other persons.

Receive: (pertinent parts)
To take into possession and control; accept custody of; collect.

Now, common sense, a rather rare commodity, can also come into play, here — though probably not to the well-paid public servants (Slater and Coppock), and the US Attorney that will be prosecuting this case. That common sense has to do with the concept that words have different meanings, or we wouldn’t need different words. (This subject was addressed, to some degree, in a previous article – ‘No bended knee for me’ – the charge against Robert Beecher.) However, we will broaden the previous discussion, so that we can understand what the intent of the law is, verses the application in this current matter.

The statute has three parts, each of which defines an activity that is “illegal” under the statute. The first part is “No person may ship or transport any firearm or ammunition in interstate or foreign commerce“. This says that a “felon” may not ship or transport in interstate commerce. Commerce is commercial enterprise, it is not a person moving, vacationing, or just traveling, between states. That is a right and is excluded from the even overly-broadened federal definition of commerce.

The next provision is “to possess in or affecting commerce“. This agrees with the previous provision in that it makes clear that the possession has to be “in or affecting”. One would have to be involved in commerce, or doing something that affected commerce, to satisfy this provision. The relationship would have to be direct. Simply because the firearm were transported, in commerce, at some prior, or subsequent, date, does not affect the person that possess a firearm totally unrelated to the commercial aspect of its transportation.

Finally, we arrive at “to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce“. This might appear to be inclusive of the receipt of a firearm or ammunition that had, somewhere along the line, been shipped in interstate commerce — unless we look at the word “receive”. By the definition of receive, “to take into possession and control; accept custody of; collect”, it appears that it must be tied to the transporting, as in that instance, one would collect or take into possession. Could it be that one would have to trace the entire history of the firearm before he acquired it, to assure that it had not, ever, entered interstate commerce (which would include leaving the state of manufacture and then returned to that state, via commerce in either direction), before you could rest comfortably in acquiring a new firearm? It is insane to think that one would have to trace the entire history of a firearm, and failing to do so could result in imprisonment for years. However, it is understandable, though perhaps not constitutional, to prohibit felons from involving themselves in the exercise of transporting, carrying, or receiving, directly, through interstate and foreign commerce.

Although one may “have exclusive detention and control of; to have a just right to; to be master of; to own or be entitled to” does not mean that it applies to possession other than in commerce. If one were to avoid the application of this law, he would have to purchase only firearms and/or ammunition that was manufactured within the state where he resided. If one, the other, or nether, were manufactured in his state, he would be denied the right that is protected by the Second Amendment, and denied what another, in another state, is not denied. That is not an equally applied law — equal justice under the law.

The problem is compounded if he chooses to move, for whatever reason, to another state. Property that he might have lawfully (federal law) owned in one state would, upon crossing the state line, make him a criminal as he entered the next state — if such a move were deemed “commerce”. It would deny him the protection provided for in Article I, §2 of the Constitution, “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” His privilege to own a firearm would, instantly, be denied, and immunity from prosecution would, simply disappear.

Conclusion

What we might want to consider, however, since they were not going to arrest Beecher, and the warrant was to get evidence to support the possibility of a crime, we might deduce that the decision to arrest was a result of the interview. First lesson, do not talk to officials. They will lie about when you signed your waiver of Miranda, and can, since cops never lie, use everything that they learned from you, against you. During the course of the interview, Beecher admitted that he had some guns. Was that the kicker that allowed them to arrest, without the vital evidence sought via the warrant? Quite often, if they can get you relaxed, you might be surprised at just what you might say without realizing that you have given something that you should not have — and that might be misconstrued, resulting in a possible conviction — just because you thought you might be able to talk your way out of it.

The other possibility rests on the arrest, which appears to have been preplanned, was a result of the pictures — sufficient in their mind to determine guilt. What can be determined by a picture showing someone holding a firearm? Does it prove possession, or receipt? Or, is there something else that just might be the truth of the matter? Suppose you have gone shopping with your wife (or any other person) and they ask you to hold their purse while they, say, hold a blouse up to see what it might look like on them. Do you “possess” the purse? Or, are you simply holding it? Suppose that someone said, “look at this rifle I got for Christmas”. They hand it to you. Do you possess it, or receive it, or are you only holding it to observe it?

Compare these circumstances with the intent of the law, using the legal definitions, not the everyday definitions we might attribute to those words. The law is based on specific definitions for specific words. It has to be that way, as our use of language often doesn’t warrant the specificity that the correct interpretation of a law does. If having something in your hands, in a temporary situation, whether holding the purse or looking at someone’s new toy constitutes the legal definition that sets the standard to justify indicting someone for an alleged crime, then it would be a crime. However, if it does not meet that standard, then, surely, no crime has been committed.

However, if we look at this whole situation in context, it appears that the entire effort of the government was to turn Robert Beecher into an informant (See Informants Amongst Us?), as they tried to do with Randy Weaver — costing the lives of a U.S. Marshall, Randy’s wife and 14 year old son. Then we need to determine that that definition of Despotism that was written into the Declaration of Independence has been fully met by the current government, and that the solution is not in government, rather, in the hands of We the People.

Government should not be theoretically defensible,
it should be the object of general acceptance.

 

“No bended knee for me” – the Persecution of Robert Beecher

“No bended knee for me” – the Charge against Robert Beecher

“No bended knee for me” – No Speedy Trial – Just Punishment

Liberty or Laws? “Felon in Possession of a Firearm” is Not Legal or Lawful