Posts tagged ‘BATF’

Barbeau Qued in Seattle – The Government is Seeking the Last Drop of His Blood

Barbeau Qued in Seattle

The Government is Seeking the Last Drop of His Blood

Gary Hunt
Outpost of Freedom
September 4, 2017

Schuyler Barbeau’s Sentencing Recommendation, based upon his record, history, etc., recommends months of incarceration. This would be followed by 3 years of supervised release. It also recommends no monetary penalty, except the $200 Special Assessment. His Sentencing Hearing is scheduled for September 8, 2017, just a few days away. Schuyler was okay with this, as at least, he would be free (except the supervised release) in December or January.

Now, we must talk about the role of the United States Attorney. His role is to get a conviction. During trial, when Schuyler changed his pleas to Guilty, so the  that task was done. However, prosecutors are those people that will lie, falsify evidence, object to defendants putting on a defense, and use every conniving trick in their book, are also vindictive. The Sentencing Guidelines establish a check list for the punishment of guilty defendants. There wouldn’t be much need for the Guidelines if Congress felt that the punishment should be determined in the courtroom. However, they enacted the Guidelines in their quest for “equality”, and that should be the end of it.

However, those well-paid government attorneys seem to have a scorecard, like ticket quotas for police.  Their vindictive nature (since they are otherwise immune from nearly any remedy) shows when they can’t be satisfied with a job, well, well done, with the conviction.

Not so with USA Annette L. Hayes and AUSA Thomas M. Woods, with the United States Attorney in Seattle, Washington. They have prepared a 12 page “Government’s Sentencing Memorandum” in an effort to nearly triple Schuyler’s sentence, to 72 months.

That Memorandum says that:

“Barbeau has spent years telling the world that he will use deadly force against law enforcement officers who attempt to take any steps that interfere with his beliefs, including instances in which officers are simply carrying out Court-authorized orders. His conduct has not been limited to words—he built a fully-automatic machinegun that he repeatedly threatened to use against law enforcement. He sought to purchase a .50 caliber gun on the theory that it would be more effective in a shootout with law enforcement.”

The fact that this is a conclusion of the government, not a fact ruled on in court, seems to make no difference. Just because the government says it is so, it must be so.

The government goes on to say:

“Specifically, Barbeau has repeatedly stated that he will use deadly force to “protect himself” against an arrest where he believes that the arrest is unlawful. Thus, he repeatedly stated his intent to kill any law enforcement officers who sought to arrest him or his friends because of his view that none of them have done anything wrong. This conduct is not “self-defense”—it is murder.”

Now, this just shows how far away from our Constitution the government has drifted. In 1900, the Supreme Court ruled that John Bad Elk, who had shot and killed an officer who was armed, though the officer never raised his rifle, was guilty of a misdemeanor, or no crime at all, since the attempt to arrest him was not lawful. See The Right to Self Defense. I supposed, as we have all conjectured, the Constitution has been put aside by the government. With the crafty wording of enactments, and the “case law method”, they continue to circumvent the Constitution.

Next, they accuse him of trying,

“to sell his illegal firearm on the black market. Barbeau did not show any particular interest in learning about the identity of the seller who the CHS said was willing to purchase the gun. The CHS told Barbeau that the potential buyer worked for Microsoft, but Barbeau showed no interest in ascertaining why this individual wanted a gun that operated both as a machinegun and a short-barreled rifle. Rather, Barbeau was fixated instead on the profit that he would make—which would allow him to upgrade to a .50 caliber gun that he believed would be more effective in a shootout with law enforcement. It is bad enough to manufacture a machine gun/short barreled rifle—it is worse to sell the gun in the black market without any proper background check or due diligence as to why the gun was being purchased.”

So, if you want to sell something directly to someone else, or, as in Barbeau’s case, a friend offers to sell it for you, it is now a “black market”. “Black Market” is legally defined as “Illegal trading; buying or selling goods which are subject to government rationing or , including goods that are contraband.”

Now, “goods” is plural. But, what if you make a one of a kind item, with your own hands? What if you were never within federal jurisdiction. What if you decided that you wanted to sell your handiwork? Do you need to get a license to do so?

Well, it appears that the government can do whatever they want. The problem that we face is, when does it stop? When will anything that you make, not as a business, rather as an individual, be criminal to sell, and even criminal to pass on (transfer) to your children?

Finally, in another attempt at demonizing Schuyler Barbeau, the government wants to equate him to an ISIL or ISIS supporter, when they say:

“The government believes that the recent sentencing of Daniel Franey, CR16-5073RBL, presents comparable circumstances. In that case, Daniel Franey, a prohibited person, briefly possessed firearms that were handed to him by an undercover agent. Franey had expressed a repeated desire to kill law enforcement officers and the military in the name of the Islamic State, i.e., ISIL or ISIS. Although the Sentencing Guidelines range was only 33-41 months, the Court sentenced Franey to 72 months of imprisonment, citing, among other things, his repeated desire to commit violence.”

This is not a limbo contest, though the government surely wants to show just how low they can go. They are, without question, seeking Barbeau’s last drop of blood.

Camp Lone Star – Domestic Terrorist! Really?

Camp Lone Star

Domestic Terrorist!   Really?

Gary Hunt
Outpost of Freedom
September 1, 2017

Kevin “KC” Massey filed a Freedom of Information Act (FOIA) request back in October 2016. He just received a response (FOIA Response). Though only two and a little bit of a third page, it is rather interesting. You can read the whole Response, though I will give some highlights. “xxx” indicates redactions, mostly names.

It begins with a Summary of Events, “On September 2, 2014, Cameron County Sheriff’s Office (CCSO) Investigator and Task Force Officer (TFO) for the FBI Brownsville Field Office xxx called ATF SA xxx for assistance on the ‘BP Militia’ case.” So, the government had already set up an investigation on the “BP Militia”. So, well, it wasn’t just a coincidence that the events of August 29, 2014 occurred as they did. (ATF=Alcohol, Tobacco, & Firearms; SA=Special Agent; BP=Border Patrol; NFA=National Firearms Act)
Now, when we see the background, well:

“On September 2, 2014, CCSO Investigator xxx had called ATF SA xxx for assistance with the firearms from an arrest of a militia member that had been shot at by an United States Border Patrol Agent over the weekend of August 29. 2014. xxx advised SA xxx that the BP agent was following a group of illegals through the brush when he encountered a militia member pointing a firearm at him. CCSO Investigator xxx also informed SA xxx that this militia member is a previously convicted felon who was possibly in possession of NFA weapons.”

Nobody was arrested on August 29, and Court testimony established that Foerster (the one that was shot at) never pointed his weapon at the BP agent.

This, too, establishes that the government was making up a story, or they are piss-poor investigators, that would allow them to expand this operation to encompass Massey.
Then, “SA xxx advised CCSO Investigator xxx that the ATF would assist the CCSO with the investigation and agreed to meet xxx at the CCSO on this same day to examine and take custody of the recovered firearms in order to send them to ATF lab, as well as obtain copies of the current case report.”

On that same day, September, 2014, we have:

“CCSO Investigator xxx called SA xxx, approximately 15 min[utes] after the conclusion of the first phone call [described in the previous paragraph], to inform SA xxx that he had to  “un-invite” ATF to the case. CCSO apologized and said that the call came from above him and he was following orders.”

So, the normal course of investigation and the involvement of ATF was abruptly halted, in just 15 minutes, because, “the call came from above him and he was following orders.”

. Continue reading ‘Camp Lone Star – Domestic Terrorist! Really?’ »

Escalation & Fear : Fear & Escalation

Escalation & Fear : Fear & Escalation

tug of war cliff

Gary Hunt
Outpost of Freedom
May 19, 2016   [Originally posted April 27, 1995]
[Note: This is a repost of an article that was published (fax network) shortly after the Oklahoma City Bombing.]

An unknown “bomber” exploded a bomb at the Murrah federal building in Oklahoma City, Oklahoma. More than likely, if the act was performed by someone with a profound belief in our Constitution, the event was an escalation as a result of what occurred in Waco, Texas, just two years ago.

If we look at what might have caused this escalation, it is easy to understand that an absolute denial of justice was the cause. It was not the actions of the FBI and the BATF that resulted in this bomb being exploded, it was that evidence was presented to a Grand Jury, and indictments sought by the U.S. Attorney for the Western District of Texas. The objective was to bring to task those guilty of crimes in Waco. Of course, a determination was made prior to the Grand Jury as to whom the indictments would be sought against. The failure of justice was that the Grand Jury was never offered the opportunity to evaluate the actions of government and determine if indictments should be brought against the agents involved in the murder of the church members at Mt. Carmel Center. A predetermination was made that took from the citizens of the country the primary method of control of government — the subjecting of the actions of government to the scrutiny of the people. Continue reading ‘Escalation & Fear : Fear & Escalation’ »

Wolf Trap – The Entrapment

Wolf Trap – The Entrapment

EnTrapment

Gary Hunt
Outpost of Freedom
September 3, 2015

 

We first looked into the Setup of William Wolf (Wolf Trap – The Setup), this past April, when this whole exercise in injustice began. At that time, we could only speculate as to the motivation that led the government to entrap Wolf on manufactured (yes, manufactured, and that will be discussed) charges. What seemed most likely was that they didn’t like what Wolf was saying, whether talking about Committees of Safety (http://www.committee.org), an historical aspect of our foundation which without we would not have cast off the yoke of (British) government oppression, or when Wolf went even further by blaspheming the federal government, a current yoke that which operates outside of the constraints of the Constitution.

So, let’s look into what we have learned about this whole situation. To do so, we will be required to ask a number of questions. Additionally, we will be required to seek the most logical answers to those questions.

First, Wolf is not an advocate of violence, unless absolutely necessary, and only in defense of our constitutionally protected rights. Was this what motivated to government to identify, secure an informant, manipulate the situation, whereby Wolf pursued legal purchase of a legal shotgun, through private (legal) purchase, and then switched by the government agents to an illegal shotgun, at the last moment, in an effort to utilize gun laws to silence the outspoken patriot?

To answer this, we need simply look, not at the evidence since it is not yet available, but at the magnitude of evidence that lead to the eventual “illegal act” that has put Wolf in federal custody, for these past six months.

From the “Unopposed Motion To Continue Trial For 60 Days“, we find Wolf’s attorney, Mark S. Werner, inundated with evidence that cannot possibly be reviewed and gone over with Wolf to understand just what lay behind the charges being brought against him, within the current schedule. From that Motion:

  1. Defendant and counsel have been making their way through the 524 pages of written discovery plus the 17 DVD’s relating to recorded conversations and podcasts concerning the Defendant. In addition, there are text messages and phone logs. It is necessary to thoroughly review all of this discovery as the Defendant is in need of knowing what, out of the entire amount, will and should be, introduced at trial.

So, there are 524 pages of written discovery (notes, FBI forms, etc., perhaps some emails are online discussions. Then we have 17 DVD’s. The lowest capacity of a standard DVD is 4.7 gigabytes. It is safe to calculate that each DVD could hold 6 hours of video or 72 hours of audio, or all 17 DVDs could hold 102 hours of video (2 1/2 work weeks), 1224 hours of audio (over 30 work weeks), or a combination thereof.

Then we have text messages and phone logs. Well, if we have audio on the DVD and text messages that show both parties and when the messages were made, why would they want phone logs? Would that be an effort to broaden the net and show some sort of conspiracy? So, in that event, what does the purchase of a shotgun have to do with, let’s call it, “nefarious criminal activity”, which is the only object that would justify such an intrusive and voluminous gathering of evidence? Could it possibly take that much effort, time, and expense to the taxpayers, to prove that he bought a shotgun? I’m pretty sure they even have audio and video of the purchase, as well as any relevant conversations.

Next, does this suggest that there is more than just the purchase of a shotgun that the feds are concerned with? To begin to understand that this is a lot more than just about a shotgun, we can look to the “Notice of Attorney Appearance” of federal “co-counsel”. For the shotgun, they are not bringing on a BATF attorney, nor are they bringing on an FBI attorney versed in gun laws. Instead, they are bringing on “Kashyap P. Patel, Trial Attorney, Counterterrorism Section, National Security Division, U.S. Department of Justice, 950 Pennsylvania Ave. NW, Washington, D.C. 20530, telephone number (202) 353-0184, e-mail: Kashyap.Patel@usdoj.gov“.

They are sending someone versed in Counterterrorism, all of the way from Washington, D.C., to be co-counsel on a simple purchase of an “illegal” shotgun. This has to amount to an absurd degree of absurdity. I doubt that they have put that much effort on tracking, and maybe even trying to set up, Muslims on the federal watch list. Kinda makes you wonder just who the enemy really is.

Now, let’s move on to the real subject of this article — entrapment. There are two relevant Supreme Court decision on entrapment (Sorrells v US 287 US 435 (1932) and Sherman v United States 359 US 369 (1958)). From Sherman, citing a portion from Sorrells, they explain what is, and what is not, within the acceptable duties of law enforcement:

“The function of law enforcement is the prevention of crime and the apprehension of criminals. Manifestly, that function does not include the manufacturing of crime. Criminal activity is such that stealth and strategy are necessary weapons in the arsenal of the police officer. However, “A different question is presented when the criminal design originates with the officials of the Government, and they implant in the mind of an innocent person the disposition to commit the alleged offense and induce its commission in order that they may prosecute.”

So, let’s weigh what happened in Wolf’s case verses the case law. Wolf, during a conversation with the informant, Ed Gray, stated that he wanted to buy a legal shotgun, preferably a Russian automatic shotgun (Note: Automatic, as in a handgun, is a self-feeding gun,). He wanted to buy it through a private sale rather than through a dealer, which is still legal in this country.

So, after some communication, Wolf is informed that a friend of Gray could get him the shotgun. The “friend” was really an FBI “UCE” (FBI undercover employee). The UCE said he knew a Class III dealer that could provide the shotgun. Well, if a Class III dealer is willing to sell the shotgun without a background check, it is no sweat for Wolf, as the dealer is the only one bound by the law. Wolf is dealing only with a private sale, though the private party just happened to be a Licensee.

When they met to make the private sale, Wolf was informed of an increase in price because the Licensee had modified the shotgun into full-auto, providing a video that showed the rate of fire. So, Wolf is in a parking lot with the CHS (Gray) and the UCE, making a gun deal. They have switched guns, and an additional cost for the conversion, so Wolf had little choice but to consummate the deal. Did he intend to violate any law? Or, was he, with fear that backing out of the deal at this late date (bait and switch) might have serious consequences, going along with the purchase because he feared for his life?

So, the inducement for Wolf to commit an illegal act, the possession of an automatic shotgun, resulted in law enforcement implanting “in the mind of an innocent person the disposition to commit the alleged offense and induce its commission in order that they may prosecute.”

Could there be any other justification for the massive amount of “evidence”, the extraordinary effort in inducing Wolf to buy a shotgun that was “switched” at the point of sale, and the inclusion of a “counterterrorism” attorney on the prosecuting team, then to silence his speaking out, as he was, when, obviously, what he had said when speaking could only be used to demonize him to the Jury, since that speech, itself, was not illegal?

In my article, “Vortex“, I refer to an IRS letter dated February 26, 1973. That letter shows us that over forty years ago, the government would, “Use all available federal, state, and local laws” to go after those who spoke out against the income tax system. It appears that this “cancer” in government has spread to include using whatever tools, laws, or chicanery, available, whether legal, or not, to get those who are within their constitutional rights of free speech, taken and imprisoned, so that others will no longer be able to listen to them.

This is what justice has become in our nation, created by a Constitution that was intended, more than anything else, to limit the power of government; not to grant it the poser to target people and use divisive means in an effort to take away their Liberty.