Posts tagged ‘citizenship’

Statement by Gary Hunt, Outpost of Freedom, with regard the Freedom of the Press

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

 

A Thought on Leadership

A Thought on Leadership

Gary Hunt
Outpost of Freedom
December 27, 2016

Preface

This article was written back in the nineties. The subject came to light as I watched many fledgling organizations fall apart as a result of conflicts between an aggressive leader, usually charismatic, and generally a type “A” personality. It is not to suggest that such a person cannot be a good leader, though those features should be subordinate to a more rational approach to the decision of who will best serve in that capacity. Following are my thoughts on the subject of leadership.

————————–

One of the most important tools utilized by those who have sought to take our freedoms and our country from us is the control of public education. By these means they have been able to remove aspects of our history which would have enabled us to both perceive and deal with the problems of today, long before now.

We have a group of leaders in the Patriot Community, many who have proclaimed their position by methods of public relations which are founded on promulgation of sensationalism. Perhaps their positions are merited, yet if we look at history; we will find that these are not the means by which leaders were selected two hundred years ago.

Jefferson, Adams, Washington, Henry and the rest of those who gave us the nation we seek to restore were well established in their respective communities, and recognized by their efforts to be men of sincerity. Their efforts extended, in most cases, over many years of guidance to their neighbors. The respect that was earned by these efforts, and their willingness to represent the will of the people propelled them into the delegations which formulated the course that the colonies would pursue.

Would it be possible for the government to anticipate the desire of the Patriot Community to return to Constitutional government and infiltrate agents into the community to say what patriots want to hear? Would they then attempt to acquire a position of leadership? By what we know, the One World Government people have achieved this very goal in our Congress, Courts and even in the Presidency. Are we foolish enough to allow the same to happen to us?

The War of 1812 was declared by the Americans. The President sent to the Congress a Declaration of War which gave six reasons for which he requested the Congress to agree that a state of war existed. The Declaration was approved by the House on June 4, 1812 and the Senate on June 18. Of the six causes for war, probably the most significant is the fifth, which reads:

“Fifthly. Employing secret agents within the United States, with a view to subvert our government, and dismember our union. “

. Continue reading ‘A Thought on Leadership’ »

Liberty or Laws – Who Are the Enemy? – The Government?

Liberty or Laws?

Who Are the Enemy?

The Government?

wrinkled-declaration

Gary Hunt
Outpost of Freedom
November 8, 2016

But when long trains of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide for new guards for their future security.

Declaration of Independence – July 4, 1776

 

This revised version of Sons of Liberty #14, first published on August 22, 1995, is focused on two of the forms of dissolution of government that John Locke wrote of in his Second Treatise of Government, Chapter 19. Those forms, the second and third, are the ones that are quite demonstrable in the current presidential election, and are the most subversive form of dissolution.

Governments can be dissolved by a number of means. What used to be the most common was forceful encroachment by a conquering army. The effect was dissolution of the government and subsequent dissolution of the society, for every nation is composed of both government and society. Generally, under these circumstances, society was disrupted and scattered to the winds. This form of dissolution has not existed for quite some time.

Another is when an enemy dissolves government, and replaces that government with a government of their own choosing. The result, in this instance, is dissolution of government by non-violent means, and subsequent dissolution of the society, which is replaced, through a slow transitional process, by a society unlike the one that was the source of the original government.

We must not assume, in this circumstance, that the dissolution of government will, necessarily, take a forceful effort. The likelihood, in modern times, is that the dissolution of government, and subsequent dissolution of society will go unnoticed until history is revised and the transition is lost from existence, without a notice of its demise. Unless, of course, the efforts to dissolve the government and society is recognized in sufficient time to cast out the encroachers and restore both the society and the government.

If the form of government within a nation has any form of representative capacity, the means by which dissolution may occur will take one of three forms. First, the executive may begin to arbitrarily impose his will on the elected representatives and the people. Slowly the rule of law deviates from its original intent, and the dissolution process slowly occurs.

Second, by delivery of the people to the influence of a foreign power. Eventually, the legislative body finds themselves subjected to a set of rules not of their making, but to which they must adhere. Again, results in the demise of the government, as was originally intended, and the society as it becomes subject to that foreign power.

Third, when the trust bestowed upon the Legislature is betrayed, by whatever means, these same results of dissolution will occur. That trust, generally in the form of a constitution, forms a set of rules by which the government is empowered with the belief that it will abide by such contract. Faith is necessary because there is a need to pass power to government so that it can conduct its business. When that power is directed in violation of the trust, ultimately it will be used to dissolve the society. The question here is, is the government dissolved as well?

Governments, by the nature of its legislative authority, are created by, and subject to, the will of the people. They are creatures of the will of the people, and their purpose for existence is only to administer the rights of the people, to the extent delegated, for the preservation of property and the protection of the rights of the people.

There is no other purpose for government whose authority is of the people,
than the preservation and protection of the People’s rights and property.

. Continue reading ‘Liberty or Laws – Who Are the Enemy? – The Government?’ »

Liberty or Laws – Are You a Voter, or, an Elector?

Liberty or Laws?

Are You a Voter, or, an Elector?

 

latino-polling-placeGary Hunt
Outpost of Freedom
September 6, 2016

During this current election cycle, a matter has constantly recurred, that of the federal government mandating, primarily through the District and Circuit Courts, who can vote and what requirements, if any, are necessary to do so.

To understand what has gone wrong, we will have to look to the Constitution, what was required to vote in national elections in the past, and how the federal government has supplanted the States regarding the authority over who may vote.  There is also concern about the Electoral College, so we need to see what was intended when the Constitution was written.  It is necessary to follow this history of voting to understand just how Article IV, § 4 of the Constitution has become moot.  The pertinent part of that Article reads:

The United States shall guarantee to every State in this Union a Republican Form of Government…

So, let’s begin with references to voting and elections in the Constitution.  In Article I (Legislative Branch), we find:

Section 2 — The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors in each State shall have the Qualifications requisite for Electors of the most numerous Branch of the State Legislature.

Well, clearly, it is the prerogative of the State to determine what “Qualifications [are] requisite for Electors of the most numerous Branch of the State Legislature.”  The federal then yields to the state’s authority concerning who is qualified to vote in federal elections.  The use of the term “Electors”, in this section, is what most would simply call “voters”.  They elect the Representatives, but their qualifications are based upon the qualifications that State has set for its most “numerous Branch.”  There is no such condition for the Senate, like the Senators, prior to the 17th Amendment, were chosen by the state legislatures.

Next, we see that the Constitution leaves a degree of discretion to the federal government, though quite limited:

Section 4 — The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.

It says that “Congress may at any time by Law make or alter such Regulations…”, though since it refers to itself, when it says “alter such regulation”, it can only refer to “The Times, Places and Manner of holding Elections…”  Otherwise, the previous (Section 2) provision would be without substance.  The same power or authority cannot be granted to two different parties, the federal government and the State governments.  That would be contrary to any practical possibility that both would agree to any acceptable determination of who could vote, especially if one had the guarantee of a Republican Form of Government.  As we will see, the states that existed in 1874 had diverse requirements.  There was some commonality, but the federal government could only intervene to assure that such voting was done timely, not done at a place that would limit access to voting, and of the manner (not requirements), such as paper ballots.  At that time (before the Seventeenth Amendment), the state legislatures elected the Senators.

Next, we have:

Section 5 — Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members…

Now, there is another grant to the federal government, but only to “Judge… the Elections“.  That, obviously, could only extend to judging the results of the elections, as they cannot be judged before being completed.  This would include Returns.  The Qualifications, of course, is to satisfy the requirements regarding who may serve in the House of Representatives and the Senate, found in Article I. Section 2, clause 2 and Section 3, clause 3.

Initially, Article II (Executive Branch) set forth the method by which the President would be elected:

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves.  And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate.  The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted.  The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President.  But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice.  In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President.  But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.

The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.

Now, in the election of the President, the Electors are selected according to the “Manner as the Legislature thereof may direct“.  In the subsequent section on the “Electoral College“, the disparity of this method has become problematic.  However, we can see that the federal government may only “determine the Time of chusing the Electors, and the Day on which they shall give their Votes.”

This procedure was changed in 1804 with the ratification of the 12th Amendment.  The Constitution had the second highest vote receiver as Vice-President, and it was determined that the two highest vote getters, running in opposition to each other, would then share the responsibilities of the Executive Branch of Government.  The 12th Amendment changed the voting by the Electors to one vote for President and one vote for Vice-President, rather than, as described above, where they voted for “two Persons.”

The only other amendment to affect the election of the President was ratified in 1961 as the 23rd Amendment; it simply gave Washington, D.C., the District of Columbia, the ability to participate by allowing it to select Electors for the election of the President and Vice-President, just as the States.

. Continue reading ‘Liberty or Laws – Are You a Voter, or, an Elector?’ »

Administrative Agencies – The Fourth Branch of Government – Circumventing the Constitution

Administrative Agencies – The Fourth Branch of Government
Circumventing the Constitution
Constitution reversed

Gary Hunt
Outpost of Freedom
April 19, 2016

Suppose you lived in Washington state or Colorado.  Suppose, too, that consistent with state law, you grow, process, and use marijuana.  Now, state law says you can, but federal law says that you can’t.  What happens if the feds arrest you and charge you with a crime?

The Constitution/Bill of Rights says that the right to keep and bear arms “shall not be infringed”.  Would a federal requirement that demands that you register your firearms be such an infringement, if your state did not require such registration?  Could you be successfully prosecuted by the federal government if charged with failing to register your firearms? Continue reading ‘Administrative Agencies – The Fourth Branch of Government – Circumventing the Constitution’ »

The Rise of Islam in Our Children’s Minds – Is This the Destruction of America?

The Rise of Islam in Our Children’s Minds
Is This the Destruction of America?

Muslim teacher

Gary Hunt
Outpost of Freedom
September 23, 2015

A friend sent a copy to me of the current assignment in Social Studies for her Seventh Grade son. Since the truancy people have threatened her if he doesn’t go to school, he has simply been instructed to face the back of the classroom and ignore the instruction. However, that solution is problematic, and what we are seeing is a program of enforced indoctrination.

Hitler arranged the educational system to propagandize the Nazi philosophy, and dwell on certain aspects of the German culture. He did not instill a foreign culture into the minds of the children. What country would even consider doing such?

The student’s previous historical education included California history, primarily the early Spanish portion with the Missions and Spanish settlement; Ancient history centered on the Mediterranean Sea (Byzantine Empire, Romans, etc.), and the Rise of Islam (current studies). No America history, no European history, no government studies.

So, before we look into just what is currently being studied, let’s think a bit about the near future. The students who have taught very little of our own history, but have been indoctrinated (I can’t think of a better word) in Spanish settlement of California, and Islam’s role in the world, including how badly the White Europeans treated them, will leave them with a foundation of culture that excludes that which they were born into, believing that their roots are from a Spanish and Muslim heritage.

They will object to any subsequent instruction that might dwell upon the settlement of the “New World” by English and French adventurers –those that brought civilization rather than chaos — because it would be foreign to the foundation that had been implanted in them. The “Great Experiment”, the first, and only real, government created by the people of the country, for the purpose of self-government, will be spurned as inconsequential, even though it laid the foundation for the freedom of those invaders (yes, that is the correct word) who have used those protected freedoms (which do not exist where they came from) to destroy the very structure that has led the world to the advanced society it has become. The result will be a regression of society back into a barbaric age, which should have been left to the dustbin of history.

Some of the atrocious effects of this program include:

  • Teaching that Muslims pray five times a day, implying that this is acceptable within the school, yet the same school will not let Christians pray, even once a day.
  • Teaches and honors a religion that has their five pillars, though they won’t allow the Ten Commandments to be displayed or spoken of.
  • Teaches support of a religion that dictates both social and political behavior, though they limit that teaching to only the Sunni sect of that religion, the sect that is the primary elements of ISIS/ISIL, but disallow any discussion of the Christian religion or the Judea-Christian moral foundation of our country

It has become abundantly clear that the federal government, under the current administration, supports this effort by requiring such teaching in our schools, and funds that denigration of our educational system.

The Department of Health, Education, and Welfare (HEW) was created in 1953. In 1979, the educational aspect of governmental control of education (that used to belong to the local School Board) was created and named the Department of Education, while the remainder of HEW was renamed the Department of Health and Human Services. It is that Department of Education that now dictates policy (curriculum, including Common Core) and provides the funding for the local schools.

Since the Department of Education is an Administrative Agency under the Executive Branch (the President), we can expect no change in this policy, except possibly getting worse, until January 2017, when a new President will take office.

If the new President chose to change the policy, it would probably not go into effect until the beginning of school in September 2017.

That would leave this school year and the next of total indoctrination of our children into the benefits of Islam as a state religion, and it would be very difficult to undo the mental damage to our children, since it is the parents who willingly send their children to the government schools, telling them that school is where they will be taught what they need to know to get along in life and in America.

This country was a “Great Experiment” in self-government. It has turned into an oligarchy that is not responsive to the will of the people, and often is beyond the ability of Congress, our chosen representatives, to retain control of what they have willingly passed on to the Executive Branch.

If this is to change, and if we are determined not to allow these two school generations to be taught that Islam is great, and then probably vote for Muslims running for office, then we must, as the Founders did, determine to take upon ourselves, regardless of the laws but consistent with the Constitution, the responsibility and the task of removing this cancer from our society. And, that, by any means necessary, with no restrictions.

* * *

The following is the study guide for the Seventh Grade at:

  • Canyon Lake Middle School
  • Lake Elsinore Unified School District
  • Principal: Dr. Preston Perez
  • phone number: 951-244-2123
  • webpage: http://clm.leusd.k12.ca.us

The source for the instructional material:
Society for Visual Education, Inc., 1345 Diversey Parkway, Chicago, Illinois 60614,
or,
Society for Visual Education, Inc., 6677 North Northwest Highway, Chicago, Illinois, 60631
phone: (800) 829-1900; fax number: (800) 624-1678

* * *

The future of this country is now in your hands. If it is to continue as we have believed, and as many have fought and died for, then the call to act is greater than any other time in our history. Contemplation, procrastination, and delay, have become our enemy. The time is now, and the necessity is, again, by whatever means.

It is Time for Grave Concern
It is Time for Action

 

 

R Scan 1

The handwritten portion is the due dates for the various assignments.

 

R Scan 2

Five Pillars of Islam? Where are the Ten Commandments?

Quran & Sunnah (the Word of God &teachings and attributes of Prophet Muhammad)?

What about the Old Testament and the New Testament?

Mecca? A city for only Muslims?

Mosque? What about Church., Temple, and Tabernacle?

 

R Scan 3

Take the time to read the words in the list and see which ones, if any, are and should be a part of a student’s vocabulary.

Also, look at the lack of care in putting this together, for example the absence of a space before the entrees 10, 16-24, 26, 29, 30, 32-34, & 37. It shows a very poor attention to detail by those who wish to indoctrinate our youth.

 

R Scan 4

Well, at least Europe gets a bit of attention.

Why would they want someone to know the routes of the four major Crusades? And, Israel had to be handwritten in — I wonder if someone might get in trouble for that.

 

R Scan 5

Shouldn’t Americans first learn where the Mississippi, Colombia, Ohio, Potomac, and other American rivers are?

Why simply the geography of Islamic nations on untended conquests?

 

R Scan 6

 

This, apparently, is the map that the elements of Page 5 are to be drawn on.

 

R Scan 7

More Muslim geography. Only one European country. However, they fail to suggest that we should keep it that way. And, this whole exercise tends to suggest that they want the United States to, eventually, join the list of Muslim countries.

 

R Scan 8

Now, we have some “fill in the blanks”. Not that “male” is included, however, “female” is not.

 

R Scan 9

Who gives a damn where Islam was first preached?

They ask what countries Islam spread rapidly through, though they fail to ask why it spread rapidly, and how much blood was shed.

 

R Scan 10

Now, they must learn all about Mohammad, but there is nothing about George Washington, Abraham Lincoln, Thomas Jefferson, and the scores of truly phenomenal, peace loving, Americans — that helped form this great country that we live in.

 

R Scan 11

Now, we get into the religious foundation of Islam, in a school that outlaws the Bible.
That should be sufficient to justify burning the school, and some of the teachers and administrators, to the ground.

 

R Scan 12

Now, we have a structure of government under Islam, but the students have yet to learn the structure of government in their own country.

 

R Scan 13

That last question is the real kicker. I wonder what the acceptable answer might be.

 

R Scan 14

Nothing about baptism, but very much about a very foreign, and strange, religion.

It seems that the student is supposed to learn, and perhaps participate in, the five pillars, though neither the Bible, or Christian prayer, are allowed in the school.

It also seems to support only one branch of Islam, the Sunni, since the Shia branch has twelve pillars.

 

R Scan 15

So, conquest, and demonstration of a few basic practices that we have evolved into our more progressed society. They are not, however, demonstrative of something that would not have occurred without Muslims, and are probably more substantially developed than Islam could very have achieved.

 

R Scan 16

Now, we have the Christian persecution of the Muslims, though we simply ignore the fact that the Muslims persecuted not only Christians, but Hindus, Buddhists, most of Africa, by execution, or committing them to slavery — which they still practice.

 

R Scan 17

Now, at least, we see what happened in Europe (Spain, in particular) as a reaction, after the expulsion of the Muslims, to those who were not of the Catholic faith.

Camp Lone Star – Act III – A Kangaroo Court – Scene 1 – How Case Law Subverts the Constitution

Camp Lone Star – Act III – A Kangaroo Court
Scene 1 – How Case Law Subverts the Constitution

kangaroo court2

Gary Hunt
Outpost of Freedom
June 8, 2015

Kangaroo Court
1: a mock court in which the principles of law and justice are disregarded or perverted
2: a court characterized by irresponsible, unauthorized, or irregular status or procedures
3: judgment or punishment given outside of legal procedure
(Merriam Webster)

In a recent article, “Government Enforces Their Laws – Who Shall Enforce the Constitution?“, I raise a question that is now worthy of our consideration. If we want our birthright of Constitutional Government, as envisioned by the Founders, we cannot rely upon government for interpretation those laws passed which are applied contrary to the Constitution.

To quote Teddy Roosevelt, with regard to the “case law method”, “some of the teaching of the law books and of the classroom seemed to me to be against justicewe are concerned with [the] question of what law is, not what it ought to be.”

In my Constitution, government was granted powers and authorities, and had limitations imposed upon it. Here, we will deal with some authorities granted and some limitations imposed. And, we, as Americans concerned about our country and our posterity find that we are in a situation similar to that which the Founders recognized, 240 years ago. And, we, like they, must weigh, very carefully, the extent of encroachments into our rights and our lives, as they did, then.

On April 17, 2015, the final pre-trial motions were submitted to the Court. The Court has taken 7 weeks to prepare a Memorandum Opinion and Order, to address the argument presented to the Court by Massey’s attorney.

Rather than outright denying the motions, the extended interval tended to support the probability of a well-crafted reply, granting the motions and dismissing charges against Massey. I don’t doubt that, somewhere, that well crafted order still exists, though it has been replaced by a rather poorly crafted order, which will be the subject of this article, and was substituted solely because Massey created a situation in which the Judge, for reasons that many will not understand, chose not to pursue justice in that it would reflect on him as supporting someone who could not keep his promise — his agreement with the Court.

Honor, one’s word being good, is an important part of life. Massey, regardless of why, gave his word that he would not partake of any illegal substances — as a condition of his “home detention” (See Cruel and Unusual Punishments – Before Conviction) — rather than remaining in jail awaiting trial.

The dilemma this created for Judge Hanen is that he would be challenging the status quo by granting the motion, undermining the very strength of the federal “Felon in Possession” law, and putting it back in proper perspective with those limitations imposed by the Constitution. This would leave those in government who support the improper interpretation in a position to accuse Hanen of siding with a man lacking honor and unable to abide by an agreement that he willingly made as a condition of his pre-trial release.

We must put ourselves in a position to understand that this apparently minor infraction would probably have similar consequences, or at least should have them, within our own community. Suppose you supported someone whom you had faith in to a position of chairman, or some other leadership role, within your organization. Suppose, then, he gave his word to abide by a promise that he had made, and then broke that promise. Would you continue to support him in the office that he held? This is what the politicians do, and this is an intolerable situation — it cannot be supported, if we stand behind our belief that honor and trust are necessary elements of leadership.

This is similar to the situation in which Judge Hanen finds himself. If he was willing to challenge the system and return to a proper interpretation of the law, it could be career ending decision, and could subject him to ridicule by others in government, including some of his peers on the federal benches. For him to take upon himself that responsibility, he would have to know that the person he was supporting by his actions was one as honorable as the Judge would be, in standing for justice. This is typical “office politics” and is true in business and the patriot community, as well. Violate the trust and you lose support.

So, let’s look at the “Memorandum Opinion and Order” that denied the Motions to Dismiss the Indictment (there were two of them: Motion to Dismiss Indictment, and First Supplement to Opposed Motion to Dismiss Indictment).

The Order begins with a misrepresentation that sets an erroneous foundation for what follows in the three “arguments” that the court offers, when it says:

As detailed below, Massey’s Motion to Dismiss focuses on the alleged unconstitutionality of Section 922(g), which makes it a crime for a person who has previously been convicted of a crime punishable by imprisonment for a term exceeding one year “to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” 18 U.S.C. § 922(g)(1). For the following reasons, the Court denies Defendant’s Motion to Dismiss the Indictment.

First, he implies that the entire question rests on “the alleged unconstitutionality of Section 922(g)“. Though challenges to constitutionality were made, there was an even stronger argument made with regard to the grammatical context of the statute, which, if correct, would allow other aspects of the law to fit, neatly, into earlier Congressional interpretations of the extent of the “commerce clause”. This will be addressed in the third point.

  1. Second Amendment Argument:

Massey’s argument relies heavily on District of Columbia v. Heller, 554 U.S. 570 (2008), which upheld the right of people to have firearms for their personal protection. He argues that, among others, you do not lose your right to freedom of speech for being a convicted felon, so you cannot lose, forever, your right to keep and bear arms. Perhaps, unfortunately, the argument did not bring up the fact that 10 U.S.C. § 311 does exclude some from being members of the militia, though “felons” are not among those exclusions, which is a direct contradiction of the felon in possession statute, as applied.

The Court then argues that Heller did not address the felon aspect, He does point out that the court has set up the “scrutiny” to be applied in weighing whether a statute unfairly limits the “not infringe” (my words) provision of the Second Amendment, but rather than compare it to real world, he simply builds upon case law, redefining the Constitution, one case at a time.

In the dismissing nature of the current judicial system, he says:

The Second Amendment, at its core, protects “law-abiding” citizens. See Heller, 554 U.S. at 635. It is clear that convicted felons are not such citizens and thus fall outside of the Second Amendment’s protection. Accordingly, the Court need not consider the second inquiry because Section 922(g)(1) does not burden conduct falling within the scope of the Second Amendment.

So, unlike Texas, that being the location of the private property in which the alleged crime (possession) was committed, he determines that the rehabilitation program, under the various penal systems, cannot achieve its stated goal of rehabilitation, during the course of one’s life. In direct contravention of that “philosophy”, we have the opportunity to look at Massey’s life, since that rehabilitation, in “Who is K. C. Massey?“. What he does not address is the question of jurisdiction. If the “crime” was committed on private property (affirmed, in the next argument), is it constitutional to supersede Texas law absent an act that was committed on public lands? This doesn’t address an even more serious breach of jurisdictional limitations, which is quiet apparent in Massey’s case, as Massey was absolutely sure that they were on private land, with permission of the owner, to protect the owner’s property.

  1. Equal Protection Clause Argument:

This argument, in the Order, addresses only that challenge brought up in the first of Massey’s Motions. It is, perhaps, inserted here to avoid addressing the ramifications of the subsequent challenge to “equal protection” brought up in the second Motion — a legal sleight of hand.

Hanen, in citing a previous decision, says, “a law is subject to strict scrutiny review in the face of an equal protection challenge only if (1) there is a fundamental right affected or (2) the law targets a suspect class. He continues, “does not impermissibly impinge upon a right protected by the Second Amendment because it regulates conduct that falls outside the scope of the Amendment’s guarantee.”

So, let’s look, first, at (1), where the law in question, “felon in possession, affects the Second Amendment. As mentioned above, 10 U.S.C. § 311 is the codification of the Second Amendment. That statute has a solidly placed foundation in the Constitution, as it clearly defines what at least the one provision of the Second is the militia. It makes exception for some, as far as being, without question, in the militia, though “felons”, or any descriptor that would imply such, is not exclude from the mandatory inclusion in the militia.

Now, let’s look at (2), whether it targets a “suspect class”. Here, we enter more into the First Supplement (the second motion to dismiss the indictment), though Hanen refused to address that part of that motion. If it refused people in one state, merely because they lived in that state, and approved those in another state, simply because they lived in that state, would they not be creating a “suspect class” of those who lived in one of the “refused” states? Quite simply, living in one state makes you a “suspect”, while living in another allows you all of the privileges of firearms possession and ownership. So, if we consider the asserted Second Amendment right, including the codification, and compare that to the “commerce clause”, what do we come up with?

Back in 1934, the Congress enacted the first firearms control act. The concern was expressed in the record (Congressional Record, reference: keep and bear arms, pg 42 “}, which says:

Mr. FREDERICK. That takes me into the purposes of this bill. This bill, as I see it, is intended to be a bill for the suppression of crime and is proposed to the United States Congress which ordinarily has no power in such matters, under the guise of a revenue raising bill.

So, we have, “which ordinarily has no power in such matters, under the guise of a revenue bill”. Now, they were using the commerce clause, as that original acts required that interstate commerce be involved. However, since they had no power to “suppress crime”, they used their power to tax (“revenue raising bill”), to both fund and track firearms. That was the only way that they could mount a challenge to the Second Amendment — by taxing, not by criminal charges, unless the tax was ignored. That was what the Constitution, even loosely construed in the act, allowed. There are no amendments that would extend that authority beyond what existed in 1934 — except the machinations of “case law”, which disregards the Constitution if one can manipulate the words of a previous decision to extend government authority where it had no constitutional authority to go. This is precisely why I suggest that we, the People, need to interpret Our Constitution, as the government is intent upon subverting it.

  1. Commerce Clause Challenge:

Now, let’s look at the statute, in detail:

18 USC 922

(g) It shall be unlawful for any person –

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

There are two key elements that we need to consider. First, “possess in or affecting commerce“. “In” is easily understood. That would clearly be in the act of shipping or transporting. “Affecting”, while that would mean that the possession affected, had an effect on, the transporting.

Here, the Judge cites United States v. Rawls, 85 F.3d 240, 242 (5th Cir. 1996), which says that the “in or affecting commerce’ element can be satisfied if the firearm possessed by a convicted felon had previously traveled in interstate commerce.” Damn, I need to return to school and take English Grammar all over, again. I cannot draw the same conclusion that the Court did in Rawls, though apparently, Judge Hanen apparently, can make that broad leap — away from the Constitution and into the lap of a government that wants to have absolute control over every aspect of our lives (Hint: That was once known as slavery). So, in a sense, the wording from Rawls rewrites the wording of the statute (922 (g)(1)) into something that is not written as law, rather, is interpreted into something that is not written in law, thereby making it law because the judges of the Fifth Circuit wanted it to be; not what it was intended to be when passed into law (or regulation). It is bad enough when the Congress can go from taxing to criminalization, however, when they allow the Courts to go even further and make something that does not exist, and then they can be described as nothing less than a Kangaroo Court.

But, wait, we’re not done, yet. That second part of the statute states, “to receive any firearm or ammunition which has been shipped or transported in interstate… commerce“, was discussed in A Favorable Ruling?. This, too, stretches our comprehension of the English Language. Here is how it is presented in Massey’s motion:

The word “has”, as opposed to the word “had” was used in the statute. “Has” is the third person singular, present indicative, verb meaning active in the action just completed, where “had” is past tense and participle of the verb have, meaning in a previous situation. So, if one were the direct recipient, then the word “has” would be appropriate. However, if it were expansive, intended to include any firearm shipped in interstate commerce, then “had” would be the proper verb. The use of “had” would have meant to include any and all that “had” been so transported any time prior.

That cannot be too difficult to understand, unless they teach a different grammar in law school, or have judicial indoctrination classes that they have not told us about. It has to do with tense. So, who is to interpret the laws? Will it be the government? Or, will it be we, the People, who have a vested interest in the laws of this nation, and, more importantly, in the Constitution that created that government that is now ignoring that document to increase their power over our very lives?

The Order says, “The Indictment, in all four counts, charges that Massey “did knowingly possess in and affecting interstate commerce a firearm . . . said firearm having been shipped in interstate commerce.” Now, the wording of the statute has been conveniently rearranged as it was presented to the Grand Jury that issued the Indictment. If that Grand Jury accepts that the wording of a law (statute) is what they are told, and probably in writing, how are they to know that it differs from the law that they are asked to weigh against Massey’s actions? If they did choose to question the wording, I’m sure that the US Attorney would explain to them that he, being a lawyer, has said that “this is what the law is, and, if Massey is in violation of this law, as I present it to you, you must come back with an Indictment”.

Let’s compare the wording from the Indictment

… did knowingly possess in and affecting interstate commerce a firearm . . . said firearm having been shipped in interstate commerce.

And the statute:

… to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Darn look at that. They have introduced another verb, “having”.

“Had” and “having” are both past tense, as described in the First Supplement. However, “has”, is present tense (present indicative). So, the statute says “has”, while the proper verb should have been “had”, if what the government claims was intended was really intended when the statute was written. However, the Grand Jury was led to believe the even more broadly expressed “having”, which is very inclusive.

Has – present 3d singular of have
Had – past and past participle of have
Having – To be in possession of already

So, do we allow the government to redefine words so that they can imprison those that they want to punish? Or, do we decide that you don’t have to be a lawyer, or a judge, to understand the Constitution and the statutes alleged to be written in “Pursuance” to the Constitution?

Here is what James Madison said regarding laws:

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?

They will be “incoherent” if the Courts use a different language than the People. We cannot know what the law is, today, if that law is not based upon the language that we understand. The law is little known and less fixed when previous decisions of the courts have redefined the words, moving slowly but steadily away from the Constitution, for it is unfixed with subsequent decisions, and little known unless we make a daily habit of reading what the courts have done to both our language and the Constitution.

There is even more that troubles the patriot’s heart, and you will find those points highlighted in the linked Order. Suffice to say that if we fit the analogy of frogs in the water approaching its boiling point, we have, so far complained of the rising temperature, have failed to get out of the water.

Wolf Trap – Act I – Habeas Corpus Scene 4 – Government Fears Habeas Corpus

Wolf Trap – Act I – Habeas Corpus
Scene 4 – Government Fears Habeas Corpus

paper_shredder

Gary Hunt
Outpost of Freedom
May 27, 2015

Setting the Stage: Habeas Corpus ad subjiciendum (the sacred writ) has not been addressed at the Supreme Court since 1890. A recent effort resulted in the Supreme Court simply refusing to rule on a Petition for Habeas Corpus, even after all of the lower courts refused to even acknowledge that right. Now, in the current story, the Court has paid “token” acknowledgment of the right, while endeavoring to quash it — rather than pursuing Justice, as is its constitutional responsibility. Instead, as you will see, the Federal District Court in Montana is there to make sure that the government has no chance of losing a case.

The Government is Afraid of Habeas Corpus

William Krisstofer Wolf (that’s is how the government refers to a friend that we know simply as “Wolf”) and I have known each other for over a year. We have never met, but we have shared many hours of phone conversation, email correspondence, and I can’t count the number of times I was a guest on his radio show on “The Montana Republic”.

Among the subjects discussed in those appearances were “The Plan for Restoration of Constitutional Government“, “Declaration of Dissolution of Government”, “Targeting“, “Committees of Safety“, and “Habeas Corpus – The Guardian of Liberty“. The last, regarding the “Sacred Writ”, Habeas Corpus, was also the subject of some of our private conversations. Wolf fully understands what I had learned, over the past three years, though we had never anticipated having to call upon the sacred writ on his behalf — until he was arrested on March 25, 2015.

Based upon our previous conversations on the subject, I prepared a simple demand for Habeas Corpus (3 pages) and a Power of Attorney authorizing me to speak o his behalf regarding Habeas Corpus. These were Priority mailed to him on March 27, and he executed and attempted to have them delivered to the Court. After numerous attempts to have the guards take and deliver the documents to the Court, and the Court refusing to recognize the prepared Habeas Corpus, Wolf resorted to a one page, handwritten, Habeas Corpus (Court Doc. 1), dated April 1, to wit:

United States of America
v.                                             15-                  -BIL-CSO
William Krisstofer Wolf

In the Honorable Court of:
UNITED STATES Magistrate Judge Carol S. Ostby
On April 1, 2015, I, William Krisstofer Wolf, by the only means available. in Yellowstone Corrections Facility interoffice mail, SERVE on the court a DEMAND FOR HABEAS CORPUS.
In as such, I, William Krisstofer Wolf hereby request to be put on the Docket to Schedule a hearing date on the DEMAND FOR HABEAS CORPUS. This docket request for a scheduling here is needed to allow my Attorney in Fact, who has a Power of Attorney – Specific, time to travel to this Honorable Court to speak on my behalf, by authority of the case of Whitmore v. Arkansas, 495 US 146.

Done on this Day, April 1, 2015
/s/William Krisstofer Wolf
Defendant

This was sufficient for the Court to finally take notice of Wolf’s right to challenge both unconstitutional laws and absence of jurisdiction. On April 15, the Court “Received” the document. The Court stated that they would not let the Habeas Corpus hold the Court hostage, so they opened a civil case, on April 16, and filed the handwritten Habeas Corpus and then filed an ORDER (Court Doc. 2), immediately thereafter.

The Court’s Efforts to Quash Habeas Corpus

Here are some of the “claims” made in the ORDER (Court Doc. 2):

  1. [T]he document does not specify the number of the criminal case or indicate in any other way that it is meant to be filed in the criminal case.
  2. [T]he document states that Wolf is acting “by the only means available”; yet counsel was appointed for Wolf in the criminal case on March 26, 2015.
  3. Wolf did not pay the filing fee of $5.00 or file a motion to proceed in forma pauperis.
  4. “In all courts of the United States, the parties may plead and conduct their own causes personally or by counsel.” 28 U.S.C. § 1654 (emphasis added); see also Judiciary Act of 1789, § 35, 1 Stat. 73, 92 (1789). [She concludes this claim with the statement] “Wolf may litigate this matter pro se, or he may appear through duly qualified and admitted counsel without an attorney-in-fact.
  5. [T]he “‘demand for habeas corpus’ does not set forth any allegations of fact”. “[T]he essence of habeas corpus is an attack by a person in custody upon the legality of that custody.” Preiser v. Rodriguez, 411 U.S. 475, 484 (1973). Wolf cannot mount such an attack until he alleges facts he believes demonstrate that he is in custody in violation of the Constitution, laws, or treaties of the United States. 28 U.S.C. §§ 2241(c)(3), 2242. If Wolf intends to proceed, he must submit an amended petition alleging such facts and explaining why his custody violates the law.
  6. If Wolf intended to seek a detention hearing in the criminal case that is pending against him, he should discuss this with his attorney, who can file a motion for a detention hearing under the criminal case number, CR 15-20-MJ-BLG-CSO. If Wolf wishes to file the motion on his own, the Court will then need to consider the motion and decide whether to entertain the motion from Wolf personally, notwithstanding his representation by counsel. But the rule that an attorney-in-fact may not act for Wolf in court applies in all federal cases, civil or criminal. Kelley, 539 F.2d at 1201-03. Moreover, in the criminal case, Wolf’s attorney-in-fact can play no role at all. Wolf is the person charged.

Response to The Court’s Efforts to Quash Habeas Corpus

So, let’s look at what the correct response is to the above claims:

As far as Claim #1, Wolf had no access to documents, and by this time, he was “blocked” from calling some of his friends on the phone. At the time that he wrote the handwritten, which was long after the typed 3 page version (Court Doc. 3), he had only the “Criminal Complaint“, and from that, was only able to extract “15-     -BIL-CSO”, which he properly quoted in the handwritten document, and it was styled as all subsequent filings, “United States of America v. William Krisstofer Wolf”, just as the Court did. So, that doesn’t take rocket science, heck, even the Post Office could have figured that out.

To Claim #2, that he is acting “by the only means available”, raises an interesting question. Wolf stated to the Judge, at his next appearance, that he does not recognize the jurisdiction of the Court and he had no intention of entering a plea. So, if he were to go through the court appointed attorney, an officer of that court, would he not be submitting to the jurisdiction that that Court? There is little doubt, as you will see, that the Court will resort to obfuscation and chicanery in an effort to undermine his right to challenge that persecution that is currently being conducted against him.

Claim #3 says that he “did not pay the filing fee of $5.00”. I can find no reference to the filing fee in the “UNITED STATES DISTRICT COURT FOR THE DISTRICT OF MONTANA – Local Rules of Procedure“. However, with regard to:

Rule 3.1 Filing a New Case.

(a) Required Items. The following items are required to file a new case:

(1) a complaint, petition, or other originating document;

(2) unless the originating document is a petition for writ of habeas corpus, payment of the full amount of the filing fee or a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a); and

(3) a civil cover sheet, unless the plaintiff or petitioner is proceeding pro se.

So, the originating document (1)was provided, though they refused the first and opened the case based upon the handwritten document. As to the fee, there is an exception for Habeas Corpus (2), and otherwise, only the full amount can be accepted. It does not address any partial, or alternate fee, such as $5.00, it simply exempts Habeas Corpus from fees. As it exempts the requirement for a cover sheet (3), if he is proceeding pro se (presumably, that would also apply to someone proceeding “pro per”. So, why the effort to extort (yes, that is the legal term) $5.00 from Wolf? Or, is it an effort to simply place obstructions in the way, to discourage his attempt to seek his right to challenge the Court?

Now, with Claim #4, we enter into a rather interesting aspect, which deals directly with our rights and efforts to force us into submission to the dictates of the government. This will be similar to those in #5 and #6, though we will consider them separately. The claim cites both 28 U.S.C. § 1654 and the Judiciary Act of 1789, § 35, 1 Stat. 73, 92 (1789). Consequently, “[a]ny individual acting without an attorney must appear personally and may not delegate that duty to any other person who is not a member of the bar of this Court.” D. Mont. L.R. 83.8(a) [Local Rules of Procedure]; see also United States v. Kelley, 539 F.2d 1199, 1201-03 (9th Cir. 1976).

28 U.S. Code § 1654 – Appearance personally or by counsel
In all courts of the United States the parties may plead and conduct their own cases personally or by counsel as, by the rules of such courts, respectively, are permitted to manage and conduct causes therein.

As stated earlier, a writ “is a form of written command in the name of a court or other legal authority to act, or abstain from acting, in some way.” It requires no plea, nor is it a case; it is a request for the court to command an action, which, in the matter of Habeas Corpus, is to issue the writ to raise the questions posed by the person requesting the writ. From that point, it’s not a matter of innocence or guilt, it is to assure that there is proper legal authority regarding the action upon which it is based.

The next citation is the Judiciary Act of 1789, § 35:

And be it further enacted, That in all courts of the United States, the parties may plead and manage their own causes personally or by assistance of such counsel or attorneys at law as by the rules of the said courts respectively shall be permitted to manage and conduct causes therein… for crimes and offences, cognizable under the authority of the United States, and all civil actions in which the United States shall be concerned… in the respective courts before which the suits or prosecutions shall be.

In the broadest construction, that “assistance of counsel”, which clearly is not an “attorney at law”, hence the “or”, nor the party, himself, hence the other “or”, which leaves the possibility that a party, a person, may, since he is also capable of taking all responsibility upon himself, assign another to speak on his behalf, as an “attorney in fact”.

The Court references D. Mont. L.R. 83.8(a):

83.8 Self-Represented Litigants.

(a) Any individual acting without an attorney must appear personally and may not delegate that duty to any other person who is not a member of the bar of this Court. A selfrepresented person is bound by the Federal Rules and all applicable local rules. Sanctions, including but not limited to entry of default judgment or dismissal with prejudice, may be imposed for failure to comply with local rules.

This Rule applies to “litigants. This will be addressed along with the cited Kelley case.

Regarding United States v. Kelley, as we look at that case, we might wonder just what the Court was thinking, or was it stabbing blindly, in the dark, to endeavor to equate Kelley with the current matter, the writ. Kelley was being prosecuted. He was not seeking to question the constitutionality of the law, nor the jurisdiction. First, “he argues that he had a right to be represented by a non-lawyer.” Then, “Kelley sought to have his trusted friend Hurd, who was well-versed on Kelley’s monetary theory, serve as trial counsel. Hurd is a roofer and not a licensed attorney. The district court denied the request and prohibited Hurd from sitting at the counsel table or consulting with Kelley during the course of the trial.”

It is well known that if you don’t assert a right, the Court will not grant you that right. Kelley wanted Hurd to sit with him and counsel him. Kelley did not provide a “power of attorney”, according to the decision, he just wanted Hurd to sit and advise him. It doesn’t begin to approach the question at hand. This case is not on point, since it is silent on the point that the Court is trying to make about power of attorney and attorney in fact, and whether this is applicable to a writ, instead of litigation.

Finally, she says that he “may litigate this matter pro se, or he may appear through duly qualified and admitted counsel without an attorney-in-fact.” “Litigate means, “To dispute or contend in form of law; to settle a dispute or seek relief in a court of law; to carry on a suit… a judicial contest.” This is not a dispute, it is simply seeking an answer to a challenge to jurisdiction and constitutionality. As stated before, it is “a form of written command in the name of a court… to act, or abstain from acting, in some way.” It is not an adversarial proceeding.

Wolf had provided a “Power of Attorney”, making Gary Hunt his “Attorney in Fact”, and that was submitted to the Court and filed in the case. Therefore, it is before the Court. The Court, however, challenges Wolf’s right to have someone other than the court appointed attorney, or another “attorney at law”, speak for him on this matter that is not a suit, and, is not a prosecution, it is a “writ of right”, asking the Court to rule on the question presented — that being whether the laws upon which the charges are based, are, in fact, constitutional as applied to Wolf, and whether he falls under the jurisdiction of the authority behind those laws, and the Court, itself (or should I say, “herself”?).

So, let’s see what both “power of attorney” and “attorney in fact” mean (Black’s Law Dictionary, 5th Edition):

Power of attorney: An instrument authorizing another to act as one’s agent or attorney. The agent is attorney in fact and his power is revoked on the death of the principal by operation of law. Such power may be either general or special. [no citations given]

Attorney in fact: An attorney authorized to act in his place and stead, either for some particular purpose, as to do a particular act, or for the transaction of business in general, not of legal character. This authority is conferred by an instrument in writing, called a “letter of attorney,” or more commonly a “power of attorney”. [no citations given]

Now, so as not to be misunderstood, that phrase, “not of a legal character” applies only to the “general business”, which is separated from the “particular act” by the “or”.

So, what the Court has said is, well, not on point to the entire matter before it.

So, let’s move on to Claim #5:

Though she does cite, correctly, from the case, when she says, “[T]he essence of habeas corpus is an attack by a person in custody upon the legality of that custody”, she has the subject of custody out of context to what is applicable in Wolf’s case. Wolf has not been convicted. He is challenging his detention based upon absence of jurisdiction as well as absence of constitutional authority of the charges against him. In Preiser, Rodriguez had been convicted and had already served some time in prison. He had sought relief from the length of his sentence, well, in the words of the decision:

Respondents were state prisoners who had elected to participate in New York’s conditional-release program, by which a prisoner serving an indeterminate sentence may earn up to 10 days per month good-behavior-time credits toward reduction of his maximum sentence… Held: When a state prisoner challenges the fact or duration of his physical imprisonment and by way of relief seeks a determination that he is entitled to immediate release or a speedier release, his sole federal remedy is a writ of habeas corpus.

This decision, Preiser, as stated in the decision, is an action under 28 U.S, Code §2254:

(a) The Supreme Court, a Justice thereof, a circuit judge, or a district court shall entertain an application for a writ of habeas corpus on behalf of a person in custody pursuant to the judgment of a State court only on the ground that he is in custody in violation of the Constitution or laws or treaties of the United States.

28 US Code § 2251: Stay of State court proceedings, begins the subject of dealing with state prisoners challenging through the federal court system. Wolf’ case is purely federal, so we need not concern ourselves, though the court has, with this,. Even if we did, we are really discussing what it says in §2241 (b), below, so I have no idea what her majesty was thinking; she should no that this is a federal matter — I think.

Though the ORDER does not cite §2254, as the case does, it does, properly, cite §§2241-2242, below. However, this citation is really apples and oranges, as the Preiser decision has no bearing on the subject of this current matter. §2254 has no relevance, at all, to the Habeas Corpus ad subjiciendum Wolf is seeking, and that the Court is required to respond (answer) to.

So, let’s look at the pertinent parts of 28 U. S. Code §§2241-2242:

28 U.S.C. § 2241 : US Code – Section 2241: Power to grant writ

(a) Writs of habeas corpus may be granted by the Supreme Court, any justice thereof, the district courts and any circuit judge within their respective jurisdictions. The order of a circuit judge shall be entered in the records of the district court of the district wherein the restraint complained of is had.

(b) The Supreme Court, any justice thereof, and any circuit judge may decline to entertain an application for a writ of habeas corpus and may transfer the application for hearing and determination to the district court having jurisdiction to entertain it.

(c) The writ of habeas corpus shall not extend to a prisoner unless

(1) He is in custody under or by color of the authority of the United States or is committed for trial before some court thereof; or

(2) He is in custody for an act done or omitted in pursuance of an Act of Congress, or an order, process, judgment or decree of a court or judge of the United States; or

(3) He is in custody in violation of the Constitution or laws or treaties of the United States; or

28 U.S.C. § 2242 : US Code – Section 2242: Application

Application for a writ of habeas corpus shall be in writing signed and verified by the person for whose relief it is intended or by someone acting in his behalf. It shall allege the facts concerning the applicant’s commitment or detention, the name of the person who has custody over him and by virtue of what claim or authority, if known. It may be amended or supplemented as provided in the rules of procedure applicable to civil actions. If addressed to the Supreme Court, a justice thereof or a circuit judge it shall state the reasons for not making application to the district court of the district in which the applicant is held.

So, the District Court is the proper place in which to initiate a Petition for Writ of Habeas Corpus ad subjiciendum. Now, under subparagraph (c), we find two applicable qualifiers for who may Petition for such writ. The ORDER cites subparagraph (3), though seems to skip right over subparagraph (1). However, until the person detaining Wolf has answered the writ, that determination cannot be made. Though that last sentence may seem confusing, we will shed some light on it as we venture into the next relevant section, that the Court seemed to have completely, or conveniently, overlooked.

28 U.S.C. § 2243 : US Code – Section 2243: Issuance of writ; return; hearing; decision

A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith award the writ or issue an order directing the respondent to show cause why the writ should not be granted, unless it appears from the application that the applicant or person detained is not entitled thereto.

The respondent is, of course, the person who has detained Wolf, or that Wolf is detained under the authority thereof. So, unless the Court can show that the applicant (“attorney in fact”, or, “next friend”) is not entitled thereto, which it has, perhaps, insufficiently, attempted to do, must either grant or require the respondent to “show cause”. By the way, “forthwith” is without delay, immediately, etc., It does not provide for excuses, only action.

The writ, or order to show cause shall be directed to the person having custody of the person detained. It shall be returned within three days unless for good cause additional time, not exceeding twenty days, is allowed.

Now, the civil case was opened on April 15, fully two weeks after the Habeas Corpus was submitted, “by the only means available”, and the Court has still not, over a month later, even begun the process that §2243 requires. So, from the “forthwith”, being the starting of the clock required for what Madison, the father of the Constitution, described as “in the most expeditious and ample manner“, the respondent then has three days to return, which is “to show cause”. Remember, the Fourth Amendment states that you have the right “to be informed of the nature and cause of the accusation”.

Further, the Court states, “Wolf cannot mount such an attack until he alleges facts he believes demonstrate that he is in custody in violation of the Constitution, laws, or treaties of the United States”. But, wait just a minute. The Amendment says that the government has to show “nature” and “cause”, not the accused. This is supported by the wording in §2243, that the “order to show cause shall be directed to the person having custody of the person detained.” It sort of makes you wonder if law school has any courses on English comprehension.

Continuing with §2243:

The person to whom the writ or order is directed shall make a return certifying the true cause of the detention. When the writ or order is returned a day shall be set for hearing, not more than five days after the return unless for good cause additional time is allowed.

There it is, again. The person making the return, that would be the person detaining, not the person detained, “shall make a return certifying the true cause of the detention.” How could that have possible been overlooked by a District Judge, in whose hands lie the lives and futures of those who are required to stand before her for judgment? And, when is that damned hearing going to be held? Wolf sits in detention, denied his liberty, while the judge fritters away that very object that brought the colonies to rebel against England, and part ways with a corrupted judicial system.

The remainder of §2243:

Unless the application for the writ and the return present only issues of law the person to whom the writ is directed shall be required to produce at the hearing the body of the person detained. The applicant or the person detained may, under oath, deny any of the facts set forth in the return or allege any other material facts.

The return and all suggestions made against it may be amended, by leave of court, before or after being filed.

The court shall summarily hear and determine the facts, and dispose of the matter as law and justice require.

Now, that last line says it all, that “The court shall summarily hear and determine the facts, and dispose of the matter as law and justice require.”

As to Claim #6, Wolf does not seek a detention hearing, as to do so would admit to jurisdiction. The other points in this Claim have already been addressed.

Stay tuned for Act I, Scene 5.

 

Wolf Trap – Act I – Habeas Corpus – Scene 1 – Limited Federal Jurisdiction

Wolf Trap – Act I – Habeas Corpus
Scene 1 – Limited Federal Jurisdiction

please-do-not-enter-without-Constitutional Authority

Gary Hunt
Outpost of Freedom
May 22, 2015

Setting the Scene: This Act is a series of scenes that will lead up to the events, the paper chase, that are going on in Montana, in an effort to persuade the Court to recognize that rights of William wolf and the limitations of federal authority, as conceived by the Founders. It will provide an understanding of what was, why it was, and what happened to deceive us into believing that it no longer existed. It will conclude with the ongoing effort to restore the proper relationship between the federal government and us.

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From my early school years, I heard explanations pertaining to Habeas Corpus, the “Sacred Writ”. It could be used to remove you from unlawful detention; it could be written on a scrap of paper to be served; it could be served, on your behalf, by anyone who wanted to assist you in being removed from unlawful detention, and, perhaps even more. It was championed as fundamental to our liberty. However, little more was said of it, and it remained only as a mental symbol of something that, though not well explained, was one of the most important inclusions in the Constitution. So important that it was not included in the Bill of Rights, rather, it was part of that first venture into the creation of the new government that we have, today, the Constitution.

Understanding that circumstances might warrant the suspension of that “Sacred Writ”, the power to do so was left solely to the Legislative Branch of the government, and only “in Cases of Rebellion or Invasion the public Safety may require it.”

Interestingly, this fits nicely within that portion of the Fourth Amendment that states that you have a right “to be informed of the nature and cause of the accusation” against you. But, what do “nature” and “cause” mean? So, we will visit the language of the Founders; from Webster’s 1828 Dictionary, we find that “nature” is a noun, and that the appropriate definition is, ” The essence, essential qualities or attributes of a thing, which constitute it; what it is”. So, nature is the element (essence) from which the charges are brought. The “cause” is, quite simply, that which brings it about — the act.

So, the “cause” is the act that brings about the charges, and the nature is the source from which the law acquires its authority. And, in any act, for which a “cause” is brought by the federal government, it must also have a source of authority, that being only, and limited to, the Constitution. The Constitution provides for both authority of enactment of laws and limitations upon the jurisdiction within which it can apply those laws and impose penalties, if convicted of the act.

After all, we know that the Constitution was written to set limits upon the government that was created by that document. They granted to that government so created, both powers and authorities, and they imposed limitations upon it.

Most cases that go to the United States Supreme Court are based upon certiorari; that is to see if there were irregularities, or errors, at trial in the inferior court. These writs deal solely with whether the applicable laws, or standards of justice (due process), were properly applied. The decisions in such cases often have the appearance of creating not only detailed instruction as to interpretation of a law, rule, or regulation, but also often they go beyond that written law, serving to extend the authority of such law beyond that was intended by the Congress, when it was enacted. This, however, is based upon the presumption that it if a law is enacted by, or under the authority (rules and regulations), of Congress, it must be constitutional in its enactment.

What is does not do, at least in recent years, is question whether the law, even if constitutionally enacted, is imposed where the constitutional limitations preclude its applicability, i.e. jurisdiction.

Before we proceed further, perhaps understanding what a “writ” is, and what it is not, is necessary for perspective. It is not a court case, nor a lawsuit, nor a criminal prosecution against a person. Quite simply, it is “a form of written command in the name of a court or other legal authority to act, or abstain from acting, in some way.”

Limited federal Jurisdiction

Under Article I, § 8, clause 17, Congress has “exclusive legislative jurisdiction”. Under Article IV, § 3, clause 2, Congress may “make all needed Rules and Regulations”, with the caveat, “respecting the Territory or other Property belonging to the United States.” So, under these authorities, many ‘laws” are enacted that apply only to the extent that jurisdiction also applies. A good example of this is a law enacted in 1825 that gave the government the authority to punish “certain crimes against the United States”. We’ll let the act speak for itself:

“That if any person or persons, within any fort, dock-yard, navy-yard, arsenal, armory, or magazine, the site whereof is ceded to, and under the jurisdiction of the United States, or on a site of any lighthouse, or other needful building belonging to the United States, the sight whereof is ceded to them [United States], and under their jurisdiction, as aforesaid, shall, willfully…”

Take note that this does not apply to government property outside of that limited jurisdiction. The property must be to be on lands that are ceded and jurisdiction also ceded, within the authority granted by the Constitution.

For those interested, there are a number of Supreme Court decisions that support the requirement for a Constitutional nexus for an enactment of Congress to be valid and applicable, outside of that limited jurisdiction. These can be found in the article, “Habeas Corpus – The Guardian of Liberty“.

Now, what we have been taught and have been inclined to believe for our entire lives, is eviscerated, if we heed a decision of the Supreme Court, In Re Lane (135 U.S. 443), ruled on in 1890, in which a man was charged with rape, under federal law. The rape took place in the Oklahoma (Indian) Territory (unorganized), though the case was tried in Kansas (statehood in 1861). Lane was convicted and imprisoned in Kansas. Kansas punishment being less harsh, Lane attempted to challenge federal jurisdiction, opting to be punished under Kansas law.

The law under which he was charged and convicted of, had the jurisdictional, “in the District of Columbia or other place, except the territories, over which the United States has exclusive jurisdiction,” in its wording. Now, that wording, “other place, except the territories, over which the United States has exclusive jurisdiction” can appear to be misleading. However, the Court clarified that rather confusing statement by explaining that “except territories”, was not in the context of Article IV, § 3, clause 2 (needful rules and regulations), but rather, as those organized territories, seeking statehood — those which had been granted, by Congress, the authority to propose a constitution and to create Legislative, Executive and Judicial Branches, and were authorized to enact laws, administer them, and the judicial branch to provide a forum for justice. These same grants of authority were endowed upon the states, within the limits of the state constitution, by adoption of the state constitution and the granting of statehood. The extent of federal jurisdiction, the laws, rules, and regulations, was limited solely to the unorganized territories.

Supreme Court (and Inferior Courts) Don’t Want to Rule on Constitutionality

In 1936, the Supreme Court ruled on a case known as Ashwander v. Tennessee Valley Authority (297 U.S. 288). The details of the case are not something that we need concern ourselves with, though we must heed the words of Justice Brandeis, as he explained the seven rules that the Court had adopted in applying their judicial authority. The applicable rules are:

1.  The Court will not pass upon the constitutionality of legislation in a friendly, nonadversary, proceeding, declining because to decide such questions ‘is legitimate only in the last resort

4.  The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of… Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter

5.  The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation.

6.  The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits.

7.  ‘When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.

As we can see, Rules 1, 4 and 7, are means by which the Court can avoid ruling on the constitutionality of a matter before them.

Rule 5 provides for a condition upon which one must have been injured to even challenge a statute, even as to constitutionality and jurisdiction. And, Rule 6 provides a bar against challenge, if a person “has availed himself of its benefits”.

So, we can see how extremely difficult it is to question constitutionality, jurisdiction, or to even find that you are in a position to challenge the lawfulness, of any act of Congress. But, we also have to understand the “nature” of those “statutes” referred to in the Rules.

In the Ashwander decision, it was pointed out that the Rules had been adopted over the past few decades, so this was really nothing new. Administrative agencies, though few at the time (Tennessee Valley Authority was one such agency), were relatively new. However, in an effort to expand constitutional authority beyond the limits imposed by the Constitution, and based upon the adoption of those Rules, Congress took another step, in 1946, to expand their authority beyond those limits. That will be the subject of Scene 2.

The Escapes – And My Journey to Freedom – A Review

The Escapes – And My Journey to Freedom, by Du Hua
A review of a book that every Vietnam Veteran should read

The Escapes And My Journey to Freedom a review

Gary Hunt
Outpost of Freedom
March 11, 2014

Du Hua was just 7 years old when I left Vietnam. I never met him until, recently when I read his book and then spoke with him on the phone.

It was about 10:00 AM, September 19, 1967, when I boarded a commercial flight from Bien Hoa Air Base, Bien Hoa, Republic of South Vietnam. After a 15-hour flight, we landed at Travis Air Force Base, California, at about 10:00 AM, September 19, 1967. Because of the International Date Line, my flight, by local times, was a matter of minutes.

Not so for Du Hua. It was the spring of 1980 when he made his first attempt to escape the communist regime that we had left as our political legacy in Vietnam. Things did not work out so well for him, as the pre-arranged escape did not work out as planned. For various reasons, the next nine attempts also failed to result in his escape from Vietnam. Finally, on his eleventh attempt, and a harrowing ordeal at sea, he succeeded, along with the other passengers in the frail boat in which they had escaped. The Cap Anamur, a German ship, purposed to rescue the Vietnamese Boat People that had survived their ordeal by sea, picked them up. This was in June 1981, over a year after his first attempt to escape. Very different from that casual flight I had taken just 14 years earlier.

He and his companions were then taken to the Philippines. After months of effort, he received permission to go to the United States and join his brother, a Vietnamese Soldier who had escaped years before, after having been seriously wounded in combat.

Du went on to join the United States Navy, serving proudly until receiving a lifetime service related injury while serving with VFA-86.

Having lost his naval career to the injury, he worked his way through college, eventually becoming a registered pharmacist (this requires almost as much education as a doctor).

Du has achieved what he sought when he left Vietnam, 34 years ago. He has found his Freedom and his American Dream.

However, for Vietnam Veterans, treated so contemptuously upon our return from Vietnam, there is a far greater message in this story of Du’s escape and subsequent life. He is very active, today, speaking to children in classrooms and to other groups, of his experience and paying tribute to Vietnam, and other veterans who have served their country. He also speaks of his appreciation for the United States and the ideal of freedom, and what it meant to so many who, like Du, risked their lives to leave communist Vietnam and seek the freedom that they had heard so much of from those of us who had served with honor and imparted images of what life in the United States was all about.

Except for my family, other Vietnam Veterans, and their families, there has not been a “Welcome Home” that had any meaning — simply platitudes in keeping with Political Correctness.

This always left me with the feeling that since our own government did not have the same honor as the soldiers who fought in Vietnam, there was no purpose, any good, served by those who fought, and especially those who died, in what we believed at the time to be our duty.

As I read Du’s story, I began to realize that though we abandoned the Vietnamese when we left, we left a legacy that endured, and became that shining light that the Statute of Liberty once stood for — a Beacon to the World. Our efforts were not in vain, regardless of the failure of our government. For the first time in my life, I feel that my efforts have served far more than I had ever imagined.

This book has shed a completely new light to that service. It has served as redemption of what had been couched in guilt for the past 48 years. For the first time I can say not only that I was proud to have served, but also realize that that service has done far more for our country, and the world, than I ever imagined.

Vietnam Veterans can receive a copy of the book by contacting Du Hua via email at theescapes81@gmail.com

Others wishing to read Du’s story can purchase the book at:

http://bookstore.authorhouse.com/Products/SKU-000569324/The-Escapes-and-My-Journey-to-Freedom.aspx

or

http://www.amazon.com/The-Escapes-My-Journey-Freedom/dp/1477210628