Posts tagged ‘administrative agencies’

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’ »

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 #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’ »

Burns Chronicles No 39 – Informants – What to do About Them

Burns Chronicles #39
Informants – What to do About Them

3-spy

Gary Hunt
Outpost of Freedom
November 6, 2016

Recently, I watched a video of an interview with Terri Linnell that was couched into an in-studio, live “exposé”, purporting to prove that what Linnell had said was an “obvious lie”.  This whole program was based primarily on my article, “Burns Chronicles No 32 – Terri Linnell (Mama Bear)“, and the host’s subsequent interview with Terri.

In the comment section of that video, I disputed a couple of items that were alleged to be truthful, one, in particular, dealing with the time element, and when people might have known when LaVoy had been murdered.  After all, this set everything into motion, this past January 26.

However, their estimate of when people outside could have known what had happened came out to 10:00 PM. Heck, I knew by 7:00 PM, and as I recall, it was one of my team members that had called me (in Burns) from another state to tell me what had happened.  Subsequently, one of the guests has admitted that they had no idea of what time the information would have gotten out — they were just guessing based upon when they found out about the murder.

I had intended to go back to YouTube and review/comment on the remainder of the 2 hour 25 minute video, since I had commented on perhaps only the first twenty minutes that I have watched.  Since I had been working on another article, I postponed that subsequent review.

Then I found myself tagged in a subsequent discussion on Facebook, I was invited to be interviewed because of my disagreement with the host.  I accepted, however.  I included the provision that my interview had to be done that day.  First, the video was damaging by its untruthfulness, and such lies should be outed in a timely manner.  Second, I didn’t want to wait the “3 or 4 days” for the host to conduct the interview.  I have better things to do than wait around for someone to try to figure what questions he needs to ask to try to cover his blatant misrepresentations.  Heck, the interview would have been about the video he had created, so if anyone needed to prepare, it would have been me.  However, he turned it back on me for not being willing to abide by his schedule.  So be it.  I have broad shoulders and take full responsibility for not doing the interview.

Now, why do I bring this up?  Well, since I posted the article, which I had agreed not to post until Terri testified in the Portland trial, many alleged patriots have attacked her, verbally.  Some understood and appreciate what she had done, but when she left the courtroom, she was stunned and could find no one who would talk with her, nor could she find a place to stay.  It was that treatment of Terri that caused me to put pen to paper, in hopes of providing another perspective on how we should treat informants.

So, let’s look at the three informants that testified during the trial.  First, we have Mark McConnell, though he still denies, or at least sidesteps, his role.  He was outed, intentionally, and quite surprisingly, by the government in their direct examination of an Oregon State Police officer.  It was later reconfirmed by the Court that he was, in fact, an informant.  Mark professes to be a patriot, and he probably is —along the lines of OathKeepers, where the Constitution is what they are told by their superiors, and is patriotism to the government, not to the country or the Constitution.  Mark is one informant that all true patriots should, at least, distance themselves from.

. Continue reading ‘Burns Chronicles No 39 – Informants – What to do About Them’ »

Burns Chronicles No 37 – Intent v. Effect

Burns Chronicles No 37
Intent v. Effect

intent-v-effect-composite

Gary Hunt
Outpost of Freedom
October 30, 2016

There has been no substantial interview regarding the deliberations that resulted in 12 Not Guilty Verdicts, and One Verdict where the jury could not get consensus.  However, we do have a bit of information that is probably the most critical single piece with regard to understanding just what happened that led to those verdicts.

Juror #4, the juror that brought Judge Brown the indication of bias by Juror #11, has stated that the government failed to show that the occupiers had the intention to impede the government employees.  That the failure of the employees to report to the Refuge may have been an effect of the occupation.  Since the Jury Instructions required the government to prove “intent”, the jury had to find them Not Guilty, at least with regard to Counts One and Two.  In a written statement, Juror #4 said, “All 12 agreed that impeding existed, even if as an effect of the occupation.”  The difference between “effect” and “intent”, then, becomes the foundation for this article.

However, first, a bit of an explanation.  I seldom bring politics into any of my articles, however, to put this situation in a proper context, I think it is necessary to do so, now.  Whether what I am going to bring to your attention had anything to do with their verdict, or not, is yet to be known.  If it was not considered, then the irony of the comparison still should be of interest to all.

Addressing those matters that were brought to our attention, this past Friday, regarding Hillary Clinton’s email server and the possibility that criminal pedophiliac material may have gone through that server.  That material could possibly be emails from former Representative Anthony Weiner (New York (D)), through his wife, Muslimah Huma Abedin*, through Hillary’s rather suspicious email server, to an underage girl.

* Huma AbedinFormer deputy chief of staff to U.S. Secretary of State Hillary Clinton, and still a prominent figure in Hillary’s campaign for President.

If that were the case, then suspicion of such activity would warrant, as in all pedophile investigations, the seizure of phones, computers, photographs, records, and almost anything that might prove to be evidence of criminal activity.

At present, there is no public knowledge of the suggested connection, FBI Director James Brien “Jim” Comey, Jr., has advised Congress that the Clinton email scandal investigation has been reopened.  Rather ironically, this information comes out the day after the Verdict of Not Guilty in the Ammon Bundy trial.

However, this email scandal had its roots back on July 5, 2016, when Comey stated that, “[W]e did not find clear evidence that Secretary Clinton, or her colleagues, intended to violate laws governing the handling of classified information…” (video).  In his almost unprecedented statement, he recommended that the Justice Department not prosecute, because of the absence of intent.

However, it appears that the Jury in the Bundy trial had more sense than either Comey or Billy J. Williams, United States Attorney for the Oregon District.  Comey chose not to prosecute and Williams, probably based on the recommendation of Greg Bretzing, FBI SAIC, chose to prosecute.  All three ignored what even a blind man could see.

. Continue reading ‘Burns Chronicles No 37 – Intent v. Effect’ »

Burns Chronicles No 36 – Words from the Poor Losers

Burns Chronicles No 36
Words from the Poor Losers

crying-emoticon

Gary Hunt
Outpost of Freedom
October 29, 2016

Quite often, while writing an article, my heart is heavy over the actions of government that is suppressing the rights that are our birthright, as posterity of the Founding Fathers.  However, as I sit at my keyboard, today, it is with a sense of pleasant surprise and extreme joy that so many felt, yesterday, when the verdict was announced in the Ammon Bundy, et al, trial.

The pleasant surprise comes because for the first time in over twenty years of watching Patriots stand trial for pretend crimes, the jury came back with a verdict that was not what the government wanted.

In a recent article, “The Bundy Affair – #16 – The Legal Shotgun“, I explained how there is a tendency for juries to find defendants guilty of something, especially when many charges, or counts, are a part of the prosecution.  This seems to be based upon the infallibility of government.  If they say that someone did something wrong, then we, the jury, must find them guilty of doing something wrong.

The jury found that though the government tried, desperately, to prove “intent”, they saw an “effect” in the matter of government employees failing to go to work during the occupation.  Interestingly, as explained in another article, “Burns Chronicles No 30 – Officer?   What Officer?“, the law that was cited in the Indictment applied only to “officers”, not “employees”.  So, the jury being denied that information, what the law really is, still found no cause of intent, on the part of the defendants, to have kept any employee from doing their duty.

Before we move on to extreme joy, we will lay a foundation for a better understanding of what led to the exultation.  And, it is mostly predicated upon the various government bureaucrats’ reaction to the verdict.

. Continue reading ‘Burns Chronicles No 36 – Words from the Poor Losers’ »

Camp Lone Star #31 – The Case of Kevin KC Massey – I – Challenging the Interpretation vs. the Wording of a Statute

Camp Lone Star #31
The Case of Kevin KC Massey – I
Challenging the Interpretation vs. the Wording of a Statute

kc-now

Gary Hunt
Outpost of Freedom
October 17, 2016

It poisons the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

James Madison, Federalist #62            

Do we simply accept the government interpretation of a law, without consideration for the grammatical structure(incoherent, or just misrepresented?)? If so, do we simply rely upon the enforcers of the law to tell us what we may, and what we may not, do?

Gary Hunt, October 17, 2016               

We will begin with a brief discussion of the legal/historical context of what result in Kevin “KC” Massey standing trial for “felon in possession of a firearm.  The, we will go into detail, including excerpts from the transcripts, of KC’s trail in Brownsville, Texas.

Kevin Massey organized what became known as Camp Lone Star (CLS), located on the property of Rusty Monsees.  The property abuts the Rio Grande River, about six miles southeast of Brownsville, Texas.  Massey had lived on the Monsees property for months, prior to the incidents that will be described.

The area in which the Camp was located is well known as a crossing point for illegal immigration.  The Camp was established to discourage illegal crossings, primarily to persuade those attempting to cross to return to the south shore of the River.  On occasion, the illegals were detained and turned over to United States Border Patrol (BPS).

Camp Lone Star was the most successful private, permanent, border operation along the entire southern border until the events described below began to unfold.  Though it only covered a few miles of common crossing areas, it was a full-time operation and reduced, significantly, crossings within its area of operation.

On August 29,  2014, there was a shooting incident where three of the CLS Team were patrolling the border, on private property, and with the consent of the owner’s representative.  A Border Patrol agent shot at one of the Team, who never raised his weapon and who then placed it on the ground, without the need for a command from the agent.  When the other Team members and BPS agents came together for the BPS to “investigate” the shooting by their agent, the CLS Team members cooperated, fully, with the investigation.

The only violation of any sort was the agent shooting, in violation of BPS policy.  However, it appears that the agent has not been subject to any hearing or punishment because of his actions.

. Continue reading ‘Camp Lone Star #31 – The Case of Kevin KC Massey – I – Challenging the Interpretation vs. the Wording of a Statute’ »

The Bundy Affair #18 – Sheriff Wehrly v. CCA and the feds?

The Bundy Affair – #18
Sheriff Wehrly v. CCA and the feds?

nevada_southern_detention_center_-_ccaGary Hunt
Outpost of Freedom
October 17, 2016

I was asked to forward the following document to Nye County Sheriff Sharon Wehrly. The concern was that if it was sent out by an inmate in the Southern Nevada Detention Center (SNDC), a CCA (Customer base: U.S. Marshals Service – Facility Type: Medium, Owned since 2010) facility, that they would have no way of determining whether it was received by the Sheriff, or not.  It could simply end up in the trash bin, or on the desk of the US Marshal Service (USMS).

For the record, it went in the mail about the same time this article is being posted.

So, being the curious sort, I wanted to find more about the SNDC, a went searching for the contract between the CCA and the USMS, or whoever was the party on the government side. I was able to find the highly redacted Solicitation and Contract for the construction of the facility, with an initial price tag of $122,250,660.00. The solicitation also included construction, maintenance, control, prisoner requirements, and a number of change orders -which, obviously allowed them to exceed the $122 million price tag. However, any per bed cost was redacted, as were the other prisoner related expenses.

What is quite clear is that the federal government pays for 750 beds per day, whether occupied, or not. Any additional beds are paid for as long as they are used. Well, that means that until the 750 beds are full, the government is simply throwing away our money. However, being conscious of that, it may well be that they endeavor to keep as many of those beds filled, all of the time.

This, then, would mean that if they can declare someone a “flight risk” or a “danger to the community”, instead of allowing them out on bail, or a more realistic “pre-trial release”, they are not saving many, but they are making CCA earn our money.

However, in reviewing the information I had gleaned and from the letter (below) the is being sent to the Sheriff, other questions arose that I wish to lay before you, the People.

. Continue reading ‘The Bundy Affair #18 – Sheriff Wehrly v. CCA and the feds?’ »

Burns Chronicles No 29 – Public Lands – Part 2 – The Federal Government Has No Jurisdiction

Burns Chronicles No 29
Public Lands – Part 2
The Federal Government Has No Jurisdiction

harney-county-resource-centera-cropped

Gary Hunt
Outpost of Freedom
September 21, 2016

In a previous article, “It’s a Matter of Jurisdiction“, we looked at the constitutional aspect of jurisdiction.  Many will simply ignore that aspect, since they believe that the government is not bound by the Constitution, anymore.  So, we must wonder whether those who enacted laws, more recently, regarding jurisdiction, especially on lands that were obtained for certain purposes, were as doubtful of the intent of the Constitution.

The original buildings on the Refuge were built during the Great Depression under one of the various work programs intended to provide employment.  The land that they were built on was acquired by the government on February 18, 1935.  The remainder of the government-owned land in Section 35, as the Malheur National Wildlife Refuge was expanded, was acquired on November 22, 1948.

Shortly after the first parcel was acquired, on April 27, 1935, Congress enacted “AN ACT To provide for the protection of land resources against soil erosion, and for other purposes”, at 49 STAT 163.  Those “other purposes did include uses anticipated “to preserve public lands and relieve unemployment“.  That Act applied:

(a) On lands owned or controlled by the United States or any of its agencies, with the cooperation of the agency having jurisdiction thereof; and
(b) On any other lands, upon obtaining proper consent or the necessary rights or interests in such lands.

So, it was recognized that the federal government need not have jurisdiction, but more about why, later.

The benefits of the Act would be extended where local government would extend “reasonable safeguards for the enforcement of State and local laws imposing suitable permanent restrictions on the use of such lands…”

So, we see no effort to presume prior jurisdiction, to make all needful rules and regulations, as per Article IX, § 3, cl. 2, or to presume a necessity to require the State to cede the lands to the federal government, as per Article I, § 8, cl. 17, since there were no “Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings”.

Then, on June 29, 1936, Congress went even further in abiding by the Constitution by clarifying their position on “exclusive Legislation in all Cases whatsoever” (I:8:17), with “AN ACT To waive any exclusive jurisdiction over premises of resettlement or rural-rehabilitation projects…; and for other purposes”, at 49 STAT 2035.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the acquisition by the United States of any real property heretofore or hereafter acquired for any resettlement project or any rural-rehabilitation project for resettlement purposes heretofore or hereafter constructed with funds allotted or transferred to the Resettlement Administration pursuant to the Emergency Relief Appropriation Act of 1935, or any other law, shall not be held to deprive any State or political subdivision thereof of its civil and criminal jurisdiction in and over such property, or to impair the civil rights under the local law of the tenants or inhabitants on such property ; and insofar as any such jurisdiction has been taken away from any such State or subdivision, or any such rights have been impaired, jurisdiction over any such property is hereby ceded back to such State or subdivision.

So, not only did they relinquish all “civil or criminal jurisdiction“, but they ceded back any jurisdiction that had been taken away from any State or subdivision.  Now the record had been set straight, in accordance with the Constitution.

. Continue reading ‘Burns Chronicles No 29 – Public Lands – Part 2 – The Federal Government Has No Jurisdiction’ »

Burns Chronicles No 23 – Terrorism Enhanced Penalties v. Due Process

Burns Chronicles No 23
Terrorism Enhanced Penalties v. Due Process

kangaroo court2

Gary Hunt
Outpost of Freedom
August 10, 2016

So far, ten of those charged in United States v. Ammon Bundy, et al, have pled guilty, and the eleventh is soon to follow. They are, as follows:

  • Jason Blomgren (Joker J), pleaded guilty to a federal conspiracy charge.
  • Brian Cavalier (Booda), pleaded guilty to a federal conspiracy charge and a charge of possessing firearms or dangerous weapons in a federal facility.
  • Blaine Cooper, pleaded guilty to a federal conspiracy charge.
  • Travis Cox, pleaded guilty to a federal conspiracy charge.
  • Eric Flores, pleaded guilty to a federal conspiracy charge.
  • Wesley Kjar, pleaded guilty to a federal conspiracy
  • Corey Lequieu, pleaded guilty to a federal conspiracy charge.
  • Joseph O’Shaughnessy, pleaded guilty to a federal conspiracy
  • Ryan Payne, pleaded guilty to a federal conspiracy charge.
  • Geoffrey Stanek, pleaded guilty to a federal conspiracy charge.
  • Jon Ritzheimer, scheduled to plea

So, why are they pleading? Is it because they really think that they are guilty?

Most, if not all, of those above have been “intimidated” or “threatened“, by federal prosecutors, either directly, or through their appointed counsel, that a Terrorism Enhancement could result in a sentence of 30 years, possibly for each count.

For a little background, over twenty years ago, I reported on a trial (see below) that I would eventually learn to be one where the Federal Sentencing Guidelines had brought into our judicial system something that was very foreign to the system of justice, as implemented by the Founders. Perhaps it would be beneficial to begin with an understanding of the judicial system that was intended, based upon many centuries of evolution in the British Common Law.

The English Constitution, even before the Magna Carta (1215 AD), began evolving in 1080 AD, and was also the beginning of a legal evolutionary process that sometimes went backwards, but most often went forward, in an effort to provide justice rather than blind obedience to laws. It was the English Common Law that was the foundation of jurisprudence for the Founders.

This foundation is evidenced even in current statutes, such as Florida Statutes (2015), where we find:

2.01 Common law and certain statutes declared in force.—The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the Constitution and laws of the United States and the acts of the Legislature of this state.

We can also look to the Maryland Constitution (2008), which provides, in its Declaration of Rights:

Art. 5. (a)
(1) That the Inhabitants of Maryland are entitled to the Common Law of England, and the trial by Jury, according to the course of that Law, and to the benefit of such of the English statutes as existed on the Fourth day of July, seventeen hundred and seventy-six; and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and practiced by the Courts of Law or Equity…

In the same Declaration of Rights, we also find:

Art. 23. In the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, except that the Court may pass upon the sufficiency of the evidence to sustain a conviction.

Now, the Maryland Constitution predates the United States Constitution, as it was first ratified by the People on November 11, 1776 – over a decade before the Constitution. Clearly, the understanding (original intent) of the Maryland Constitution and the United States Constitution were predicated upon those laws that then existed, and definition, or intent, of the words used, were as they were understood at the time. Absent a lawful change of definition, those definitions and intentions are still the body of the law and should be recognized as such.

Also true of the Common Law, at that time, and remember, the intention is still the same, is that a jury determines law and fact. However, there is one more aspect that comes into play. The jury also imposed the sentence, as they were the judge of facts, those which determined the severity of the crime; the law, what was intended and the extent applicable to the case at hand; and, by combining the two, would determine the sentence to be imposed, if the accused were found to be guilty.

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