Outpost of Freedom blog

Freedom of the Press #10
Not Served, Again

Gary Hunt,
Outpost of Freedom
February 27, 2017

As has been reported by Maxine Bernstein’s Tweets (my primary source for keeping track of the doings in the Portland Group 2 trial), I have finally been served with the Order to Show Cause (ECF No. 1901). I say “finally” since the first notice had come from Maxine. Next, I received a FedEx delivery.  However, that doesn’t satisfy initial service. So, On Wednesday, February 22, I received a call from my favorite FBI personality. SA Matthew Catalano. He is good natured, diligent in his duties, and appears to have not taken a side in this ongoing battle between Judge Anna J. Brown and the United States’ chief Shyster, Billy J. Williams, on the one side, and yours truly on the other. I had already made plans for Thursday, and he seemed quite busy with other matters, so we agreed to meet on Friday. When we met, he handed me some paperwork, specifically the Order to Show Cause.

Now, as required, he reported to Portland that it had been delivered (note, I didn’t say served), and the Certificate of Service was duly recorded in the Ammon Bundy, et al, trial docket, that afternoon. The text of that Certificate of Service reads as follows:

Pursuant to this Court’s February 16, 2017, Order (ECF No. 1900) the government certifies that on February 24, 2017, FBI Special Agent Matthew Catalano met with third party Gary Hunt and personally served Hunt with a copy of the Order to Show Cause (ECF No. 1901). Agent Catalano had previously sent the Order to Hunt by FedEx. Hunt acknowledged that he had already seen and read the Order. Hunt stated that the Order included a time for him to respond to the Order, which he understood to be for civil contempt. Agent Catalano showed Hunt that there was an option for Hunt to call and request a defense attorney, and Hunt acknowledged this. Although Hunt took the copy of the Order to Show Cause, he stated that he was refusing service of the Order.

Now, they did get it right when they stated that I had refused service, though they pointed out that I had taken the Order to Show Cause. I simply want to set the record straight with my notes, taken shortly after the meeting:

Continue reading ‘Freedom of the Press #10 – Not Served, Again’ »

Freedom of the Press #8
“Qualified Press Privilege”

Gary Hunt
Outpost of Freedom
February 21, 2017

In Freedom of the Press #6 – “Tilting at Windmills” – Redux, I address the jurisdictional issue that the government addressed in their Supplemental Memorandum in Support of Government’s Motion For an Order to Show Cause, of February 7, 2017.  Due to the length of the Supplement, and the length of #6, I chose to address two remaining issues in a subsequent post.  Those two issues, Prior Restraint and Qualified Press, will be addressed in that order.  From the Supplemental Memorandum:

IV. There Is No Prior Restraint Issue or Qualified Press Privilege
A. There Is No Prior Restraint Issue Presented Here

This Court has the authority to issue protective orders protecting criminal discovery and, specifically, confidential source information. The substantial government interest in protecting confidential sources is long established. See Roviaro v. United States, 353 U.S. 53 (1957). This substantial government interest is unrelated to any suppression of expression and outweighs Hunt’s First Amendment rights. No one has challenged the legitimacy of the Court’s Protective Order, and to permit a party to end run the order by passing the information to a blogger threatens to undermine criminal discovery and the interests identified in Roviaro—i.e., if we cannot protect the confidentiality of our law enforcement informants, we cannot expect their cooperation in future investigations.

We are not asking this Court to restrain Hunt’s ability generally to write about the case— or even the informants—we only want him to observe this Court’s Order, which means that he cannot publish the discovery material subject to the Court’s Order. This discovery material was not in the public domain in any form. This Court should be able to enforce its Protective Order and prohibit wide dissemination of discovery which includes confidential FBI reports. See Seattle Times Co. v. Rhinehart, 467 U.S. 20 (1984) (an order prohibiting dissemination of discovered information before trial is not the kind of classic prior restraint that requires exacting First Amendment scrutiny). Besides Seattle Times Co. there are no cases that discuss the prior restraint issue in the context of sealed and protected discovery information in the context of a criminal trial. In United States v. Noriega, 917 F.2d 1543 (1990), the issue was the balance between a defendant’s Sixth Amendment Right to a fair trial and the First Amendment interests asserted by CNN. The Noriega Court held that CNN should not be able to violate a court order and litigate at the same time. Hunt has waived any First Amendment defense by defying the Court’s Orders.

Let’s address these underlined items, one at a time.  First, we will look at Roviaro.  Although I have addressed Roviaro, before, it is worth revisiting, since the government seems to rely heavily upon that decision.  Here is what they said:

This Court has the authority to issue protective orders protecting criminal discovery and, specifically, confidential source information. The substantial government interest in protecting confidential sources is long established. See Roviaro v. United States, 353 U.S. 53 (1957)

The government asserts that they have a right to protect the identity of informants with a protective order.  They have made this assertion, before, though they appear to have not yet read the decision nor understand the ramifications.

. Continue reading ‘Freedom of the Press #8 – “Qualified Press Privilege”’ »

Freedom of the Press #6
“Tilting at Windmills” – Redux

Gary Hunt
Outpost of Freedom
February 08, 2017

I have noticed over the years, that some believe in quality, as I do, and others believe in quantity.  They think that throwing out a massive missive will drown the opposition in, well, paper.  It appears this is the new approach by the United States Attorney, and minions, from Portland, Oregon.  They have, with their most recent filing (Supplemental Memorandum in Support of Government’s Motion For an Order to Show Cause), on February 7, exceeded all my expectations, in terms of quantity.  They have cited 30 court decisions.  I have reviewed five of the cited cases, though I will comment on more of them.  Since their research is of such poor quality, It would be my pleasure to review cases for them in the future.  However, if I work for the government, my prices will not be discounted.  Considering how poorly their current hired help performs, it just might be worthwhile for them to get it right, for a change.

Now, let’s get on with the boring stuff.  However, there will be some really good stuff towards the end.

They begin the Memorandum with a statement of what it will address:

1. The District of Oregon is the proper venue for this Court to enforce its own Protective Order against a third party;

2. Third-party Gary Hunt should be held in Civil Contempt of this Court’s Orders after he has had an opportunity to appear and Show Cause why he should not be held in contempt;

3. There is a factual basis to conclude by clear and convincing evidence that third party Gary Hunt is aiding and abetting a defendant (or defendants) in this case in violating the Court’s original Protective Order (ECF No. 342), the new Order (ECF No. 1691), and the Supplement to the original Protective Order (ECF No. 1692); and

4. There are no prior restraint issues or “press” privilege issues.

So, we will begin with Part I.  Under the heading in the Memorandum:

I. The District of Oregon Is the Only Proper Venue for This Court to Enforce Its Own Orders

A. Proper Venue Under the Law

The first case cited is:

Myers v. United States, 264 U.S. 95, 101 (1924).  The Supreme Court in Myers held that venue is only proper where the court rendered the decree sought to be enforced.

Well, I did look that one up and here is what I found:

An information charged that plaintiffs in error willfully disobeyed the injunction lawfully issued in equity cause, St. Louis, San Francisco Railway Company, Complainant, v. International Association of Machinists, et al., Defendants, pending in the Western Division of the Western District of Missouri, by attempting, within the Southwestern Division of the same District, to prevent certain railroad employees from continuing at work.  The order ran against men on strike, and the cause is treated as one within the purview of the Clayton Act.

Well, that supports my position.  The case was in “Western Division of the Western District of Missouri”, however, the other jurisdiction mentioned was in the “Southwestern Division of the same District.”

Now, that “Clayton Act” does come under the Commerce Clause of the Constitution, since it deals with the Sherman Antitrust Act.

Clayton Antitrust Act is an amendment passed by U.S. Congress in 1914 that provides further clarification and substance to the Sherman Antitrust Act of 1890 on topics such as price discrimination, price fixing, and unfair business practices.

Well, I sought relevance, but did not find.  So, let’s move on.

. Continue reading ‘Freedom of the Press #6 – “Tilting at Windmills” – Redux’ »

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”’ »

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 N^o 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 N^o 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

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’ »

Statement by Gary Hunt, Outpost of Freedom, with regard to the government attempting to silence the Freedom of the Press

Gary Hunt,
Outpost of Freedom
January 6, 2017

Rumor has it that I was visited by the FBI, yesterday, January 5, 2017. That rumor is true It was not an investigation or an interview. Instead, it was to hand me a letter from the Portland, Oregon, United States Attorney’s Office, signed by Pamela R. Holsinger, Chief, Criminal Division, on behalf of Billy J. Williams. That letter was a Cease and Desist letter.

Today, I told the FBI messenger that I had no intention of complying; that I wanted to look into my legal rights. A few hours later, I was informed by two sources that the government has filed An affidavit, and request  for a court order, and a proposed order wherein they order me to remove my articles with discovery information in them, and refrain from publishing any more discovery information.

This is fast becoming a matter of the First Amendment right of the people to know what their government is doing. This same subject went before the United States Supreme Court, in 1971. That case was “New York Times Co. V. United States 403 U.S. 713”, wherein the Court, in defending the public right to know, stated:

“Our Government was launched in 1789 with the adoption of the Constitution. The Bill of Rights, including the First Amendment, followed in 1791. Now, for the first time in the 182 years since the founding of the Republic, the federal courts are asked to hold that the First Amendment does not mean what it says, but rather means that the Government can halt the publication of current news of vital importance to the people of this country.”

The New York Times prevailed and the government could not restrain the Times from publishing the Pentagon Papers. The matter before us, now, is equally, or more important in that the right of the people to know how the government operates in their private lives, with “spies” reporting everything that they can about what you do, with no criminal intent, to the government.

This is what the KGB did in the Soviet Union. It is what the Stasi did in East Germany. Neither country exists, now, as the police state was not compatible with people used to kings and emperors. It is absolutely unacceptable in a country of free and liberty loving people.

If exposing government spies that spy on the people is criminal, then I confess to that crime. If, however, We, the People, have a right to know what our government is doing, then the Court on Oregon is criminal.

The following documents are the letter and the three filings in the Ammon Bundy, et al, case in Oregon.

Cease and Desist Letter

Motion to Enforce Protective Order – (Expedited Consideration Requested)

Affidavit of FBI Special Agent Ronnie Walker in Support of Motion to Enforce Protective Order

[Proposed] Order Enforcing Protective Order

Burns Chronicles N^o 52
Will Kullman (Nighthawk) #2

Gary Hunt
Outpost of Freedom
December 30, 2016

I have been contacted by a number of people who were contacted by Kullman, after the “Burns Chronicles N^o 51 – William “Will” Kullman (Night Hawk)“went out. His line to them is that I (Hunt) am a BATF agent. Heck, that accusation goes back to 1993, and in all of that time, nobody has been able to provide any substance to that accusation. That just shows how cheap talk is.

I have also been provided a copy of a text conversation from back in September, about the time the Portland Trial, Ammon Bundy, et al, began. So, we will begin with that text conversation. I have indicated Kullman’s comments with K and the other participant as S. This discussion took place before and during the trial that began on September 7, 2016.

SEP 4 AT 10:08 PM

K:  I’m going to Portland for the Bundy trials. Will you be there

SEP 21 AT 5:46 PM

S:  Dude… People are freaking out your like McConnell… is this true?

K:  Excuse me?

S:  Ya. Everyone is telling me you were buddy buddy with him and you mysteriously left last week after they showed your picture. I’m not saying it that’s not me… it paranoia all over again… someone said you are testifying for the prosecution. Blah blah blah… figured you would want to know

K:  First and foremost before the Bundys before the trials before any of this Mark and I Marine brothers just like John Ritzheimer and our bond is before everything else. Period. I have no idea what you mean by showing my picture I left on Thursday afternoon because I had trial myself here in Washington Friday morning for my son in custody. I’m not testifying for anybody and I risked a lot going to the courthouse, and because I was in Portland for a week and didn’t see my son before my trial I end up losing custody of my son so I sacrificed to be there don’t lump me in with Jason Blomgren just because he squealed like a pig.

Note that he mentions Ritzheimer, claiming that their “bond is before everything else.” This was brought up in ” Burns Chronicles N^o 51 – William “Will” Kullman (Night Hawk)“, when Kullman told Peltier to tell Ritzheimer, “Semper Fi!”

Now, we will jump to the end of the next discussion, which took place on Facebook. The initial discussion began on the day that LaVoy Finicum was murdered, January 26, and concluded on the next day. The conversation picks up again on December 28, 2016. It is this last portion that we will begin with. This is the day that the first Kullman article was published.

8:23 pm [December 28, 2016]

Friend:  Not sure what is going on but you are being tagged in the Patriot community as an informant against the refuge guys.  Outpost of Freedom has evidence and has written an article against you.  What the hell is going on?  I trusted you

8:37 pm

Kullman:  I’m not sure.  I was just told of it.  And haven’t finished reading the article myself

I don’t know how they would come to that conclusion, I’m one of the biggest patriots in this state and make it known because I’m proud of who I am.

8:39 pm

Friend:  I’ve been hit up by the armchair warriors stalking my page that keep pming me telling me how terrible I am that we are “friends” on fb…but I can’t find your name on my list.  Strange.  Gary Hunt called you for your input but you hung up on him.  What the hell is going on?

Continue reading ‘Burns Chronicles No 52 – Will Kullman (Nighthawk) #2’ »

Burns Chronicles N^o 50
Informants – What to do About Them #2

Mark McConnell
Merry Christmas, Mark

Gary Hunt
Outpost of Freedom
December 25, 2016
Merry Christmas, Mark McConnell

The matter of informants, and the government’s efforts to protect the names of those who have snuck into our midst is a denial of justice and to some degree, the Sixth Amendment right “to be confronted with the witnesses against him.”

Now, we can look at what the government wants us to believe. We can also look at what common sense dictates that the Framers of the Constitution meant. Just because a person doesn’t take the stand in court, when that person has provided information to the government, upon which the government builds its case, he has witnessed against the accused. The defendants, then, had every right to confront that “witness”, as he is privy to what he saw, what he heard, and what he said to the government. He is as much a part of the case against the defendant as the person who takes the stand, takes an oath, and testifies. Quite often, he is the justification for a search or arrest warrant to be issued, or a criminal indictment to be brought, before the court.

However, when that ‘witness’ is hidden from the defendant, the defendant is denied information that may aid him in a proper and fair defense. In some cases, their testimony might provide exculpatory evidence, testimony that might prove his innocence, that would undermine the contrived case made by the government.

With the recent trial of Ammon Bundy, et al, we can begin to put together a picture of the injustice and the dishonesty of the government’s pretext for hiding such “witnesses.”

We will begin with a partial trial transcript of the trial on October 17, 2016:

THE COURT:

I would like to start first with Ms. Harris’s motion with respect to the identity of a witness. [Some of] the defendants have subpoenaed, it’s Docket No. 1443, And it is really a subset of the larger issue raised both by Ryan Bundy in previous filings and by Ammon Bundy in his motion to compel 1423. Before, I received Ms. Harris’ filing, which I only received this morning about 7:00 a.m. it showed up in my system, I had emailed to the parties my preliminary conclusions having reviewed, in camera, the unredacted reports related to the so-called CHSs confidential human sources, 15 different individuals, 112 reports, and I conveyed in that email to the parties that I have compared the redacted to the nonredacted reports and according to the applicable standard, did not find any basis to disclose the identity of those 15 confidential human sources. I observed to the parties that as I compared the redactions from the unredacted material, I really didn’t find any substantive significance. The redactions primarily looked to me as necessary to protect the identity of the informant, and so with respect to that general review, I conveyed to the parties my intention was to deny the motion generally.

Then came in Ms. Harris’s motion on behalf of Ms. Cox with respect to a very particular one of those 15 confidential human sources, identified in her motion as number two, as to whom I have the redacted and unredacted materials. That was one person’s records I went through.

The motion indicates that the defendants have found the actual CH#2 who was known to the — who went by an alias, according to this motion, of John Killman. K-I-L-L-M-A-N. And so the motion goes on to argue why it’s relevant, first of all, for the defendants to call this person whose alias is John Killman and to introduce evidence from his personal knowledge of observations he made at the refuge.

And I presume defendants already know his true name in that they — Ms. Harris tells me in this filing that he’s been subpoenaed in his, is physically present, and needs to testify first thing because of other issues in his life.

We can see that the identification of the informants is a primary concern of Judge Anna Brown. Next to speak is one of the Government attorneys.

. Continue reading ‘Burns Chronicles No 50 – Informants – What to do About Them #2’ »

Burns Chronicles N^o 49
Thomas S. Dyman (Tom Dyman)

Tom Dyman at 2011 hearing

Gary Hunt
Outpost of Freedom
December 22, 2016

Notice: Because of her extremely biased judicial discretion, Judge Anna Brown has ordered that I remove the information that I obtained from a ‘prohibited’ copy of the Discovery for the trial of the defendants in the Malheur Occupation trial. I have fully complied with that order and removed all of those portions prohibited, according to that order. All instances of removed text will be marked “[REDACTED]”, which is the same method the government used in depriving information that should have been available to the defendants, as well as you, the reading public, with factual information needed in order for you to make a fair and logical assessment. The FBI redactions were the government’s efforts to “protect” their army of paid informants, but they did a lousy job, as I was able to identify them with the unredacted text.

Thomas S. Dyman was considered for a Second Tier position in Operation Mutual Defense (OMD).  The structure of OMD had three tiers.  The First Tier is the Advisory Board.  The Second Tier is those who could assist in research; webpage management, specialty skills, or other capabilities that would work with the Advisory Board.  The Third Tier would be those recruited by the Second tier to assist them, though they would not be under the Advisory Board.

Being recommended by Ryan Payne, he had to fill out an application.  In the application, he admits that he had a criminal record and refers to a background check.  OMD never received the background check.

A search resulted in finding at least one criminal charge against Dyman.  He was arrested in 2011 for having taken his children from his first wife, back in 1995.  The children had become adults, and apparently the charges were dropped.

Dyman now lives in Williston, North Dakota and has a contracting business, Dyman Construction, LLC.

Dyman’s application was submitted to OMD on November 1, 2015, though the application is signed and dated on 10/29/16.  We have to wonder what his intentions were in responding to Payne’s request, since his first report as an informant (CS) was dated November 3, 2015.

That report was dated November 3, 2015 and began with a copy of an article on the Hammonds that had been posted on bundyranchblogspot.  Then, he began reporting on Payne’s plans.

[REDACTED]

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