Posts tagged ‘Constitution’

Memorial Day 2017

Memorial Day 2017

Gary Hunt
Outpost of Freedom
May 29, 2017 (Memorial Day)

 

Memorial Day began as a day of honoring and remembering those soldiers that died in the Civil War.  It was practiced beginning in the South in 1866 and the North in 1868.  It was a day in which the graves of those soldiers were decorated with flowers, in honor of their sacrifice, and was called Decoration Day.

Recognition as Memorial Day began as early as 1872, though it wasn’t commonly used until after World War II.  In 1967, it was officially changed to Memorial Day by the government.

It now honors all dead American Soldiers, Sailors, Marines, and Airmen, who died in service to their country, including those who fought for the South.

So, what is a holiday; what does it mean?  Well, we can look at the Ten Commandments and get an idea of just what led our Judeo-Christian values to recognize a special day.  The Fourth Commandment says, “Thou shalt keep the Sabbath Day holy.”  That means that the designated day is above all other consideration, on the day so designated.

Whether you hold Saturday or Sunday as the Sabbath is a choice that each of us makes.  However, we commonly recognize the last Monday in May to be Memorial Day, and on that day we recognize of the sacrifice of those soldiers; it is to be held above all other considerations.

There is little doubt that those in power have moved our country away from the Constitution that created that government.  They have moved the government away from the very reason for those who served, and those who gave their lives for what was intended — and what we fought for.

There are two soldiers that I have particular memories of.  First is William “Billy” Prescott.  We went through nearly our entire schooling together.  Bill was quiet and intelligent, and perhaps the least likely to consider to be a soldier.  I found out about Billy’s death, Killed in Action, on my first and only visit to the Wall in Washington, D. C. One-hundred and twenty-six of us, the “Prodigy Vets”, went to see the Wall, most for the first time, in 1992.  Walking down, along the wall, to the apex, then back up the other side, was probably the most emotional event in my life.  The magnitude of waste of those lives was beyond my comprehension.  Considering that the Vietnam War was nothing that we should have been involved in, rather a consequence of our government gone astray from the principles upon which this country was founded.  However, we were naive, and simply did our Country’s bidding.

. Continue reading ‘Memorial Day 2017’ »

Freedom of the Press #15 – The Long Arm of the Law; Or Not?

Freedom of the Press #15
The Long Arm of the Law, or Not?

Gary Hunt
Outpost of Freedom
April 25, 2017

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the assistance of counsel for his defence.

Now, this sets the stage for Jurisdiction.  Any criminal proceedings must be in “the State and district wherein the crime shall have been committed.”  Could it be any less for, say, a violation of a Court issued Protective Order?  Especially, if that Protective Order only subjects a few, fully described people, in its mandate?  The Order:

Here is the pertinent part of the “Protective Order” (#342):

ORDERED that, pursuant to Rule 16(d)(1) of the Federal Rules of Criminal Procedure, defense counsel may provide copies of discovery only to the following individuals:

(1) The defendants in this case;

(2) Persons employed by the attorney of record who are necessary to assist counsel of record in preparation for trial or other proceedings in this case; and

(3) Persons who defense counsel deems necessary to further legitimate investigation and preparation of this case.

IT IS FURTHER ORDERED that defense counsel shall provide a copy of this Protective Order to any person above who receives copies of discovery.

IT IS FURTHER ORDERED that any person above who receives copies of discovery from defense counsel shall use the discovery only to assist the defense in the investigation and preparation of this case and shall not reproduce or disseminate the discovery material to any other person or entity.

IT IS FURTHER ORDERED that this Protective Order applies only to:

(1) Statements by witnesses and defendants to government officials;

(2) Sealed documents; and

(3) Evidence received from searches of electronic media.

So, you see by what is underlined, that the Protective Order does not apply to me.  If I had received it from “defense counsel”, he would have given me a copy of the Protective Order.  None of the defense attorneys gave me either the discovery or the Protective Order.

.The next question that arises is whether the Supplemental Protective Order is lawfully appropriate.  The Supplemental Protective Order is prefaced with an “Order Granting in Part Government’s Motion to Enforce Protective Order” (#1691).  The pertinent parts of this Order read:

To the knowledge of the government, Hunt is not a member of the staff of any defense counsel representing any Defendant in this case.

The Court issued the Protective Order in order to obviate “a risk of harm and intimidation to some witnesses and other individuals referenced in discovery.” Order (#285) issued Mar. 9, 2016, at 2.

In order to make clear in the public record that the Protective Order prohibits even third parties from disseminating protected materials and information, the Court is filing a Supplement to the Protective Order together with this Order.

On this record, therefore, the Court concludes the government has sufficiently demonstrated that Hunt has aided and abetted the dissemination of materials covered by the Protective Order, and, therefore, the Court GRANTS in part the government’s Motion (#1680) to Enforce Protective Order as follows:

1. The Court DIRECTS Hunt to remove all protected material and/or information derived from material covered by the Protective Order from his website(s) within 24 hours of the service of this Order;

2.The Court ENJOINS Hunt from further dissemination of material covered by the Protective Order or information derived therefrom to any person or entity.

3.The Court DIRECTS the government to serve Hunt personally with a copy of this Order together with a copy of the Protective Order (#342) and the Supplement (#1692) thereto as soon as possible and to file immediately in the record a certificate stating it has effectuated such personal service or otherwise ensured Hunt has personal knowledge of the contents thereof.

4.In the event that Hunt fails to comply with this Order after he is served, the government may initiate contempt or other enforcement proceedings in a court of competent jurisdiction.

Note that the government acknowledges that the original Protective Order did not apply to me when they state.  “Hunt is not a member of the staff of any defense counsel representing any Defendant in this case“.

Then, an explanation of why the initial Protective Order was issued is given with, “a risk of harm and intimidation to some witnesses and other individuals referenced in discovery“.  However, this is one of the government’s stock excuses, along with, “I feared for my life or the life of another”, “We were outgunned”, ” ‘X’ is a flight risk”, and a multitude of other phrases intended to simply justify an action against an individual, from extended incarceration to being shot to death, though unarmed.  Now, this gets interesting.  This Order tries to convert aiding and abetting into something that the statute does not.  “On this record, therefore, the Court concludes the government has sufficiently demonstrated that Hunt has aided and abetted the dissemination of materials“.  The statute and case law says that aiding and abetting in the performance of a criminal act.  This is about as absurd as arresting someone for resisting arrest, when there is no criminal charge for which they are making an arrest.

. Continue reading ‘Freedom of the Press #15 – The Long Arm of the Law; Or Not?’ »

Camp Lone Star – Massey Appeal Denied

Camp Lone Star
Massey Appeal Denied

Gary Hunt
Outpost of Freedom
March 27, 2017

My last article in this series was congratulations to Massey on being moved to the minimum-security camp.  After nearly two years of being treated as a threat, often being thrown in solitary confinement, just a few months after leaving the control of the US Marshal Service, he entered the Federal Bureau of Prisons (BOP) authority.

Massey was more than willing to serve peaceably, if they didn’t mess with him.  He was just biding his time, awaiting the Appellate Court’s decision on his appeal, which was heard (oral arguments) on February 9, 2017.

Though the Decision was made on February 22, his attorney did not advise Massey of the decision until March 24.  Shortly after speaking with his attorney, he called to give me the bad news.  Massey and I agree it has become abundantly clear the judicial process has become one without consideration of written law, but rather, a tool in the persecution of those deemed unfavorable to the policies of government.

The Decision is so ambiguously written it appears the arguments Massey had set forth were never heard by the Court.  Until we receive copies of the transcript, we have nothing upon which to evaluate what transpired in the Halls of “Just US”.  We can, however, review the Decision that suggests the court seem to speak a different language than the rest of us.  We, the People, are bound by the words, as written, in the Constitution and those laws in pursuance thereof.  The Court, however, appears more inclined to the aforementioned policies.

From that Decision, we find the following:

Massey was charged with four counts of possession of a firearm by a convicted felon under 18 U.S.C. § 922(g). He moved to dismiss on the grounds that he was complying with Texas’s felon-in-possession statute and that Section 922(g) is unconstitutional as applied to him. He also maintained that, to satisfy the jurisdictional element of Section 922(g), the government was required to prove more than just that the firearms had traveled in interstate commerce.

Here, the Court has set forth two elements of Massey’s arguments.  The First had to do with the authority of the State.  Article IV, § 4 of the Constitution states:

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

That means, even before the Ninth and Tenth Amendments, that the States could enact their own laws, so long as the were not in conflict with those law “which shall be made in Pursuance [to the Constitution]” (Article VI, cl. 2).

. Continue reading ‘Camp Lone Star – Massey Appeal Denied’ »

Burns Chronicles No 58 – “Twice Put in Jeopardy”

Burns Chronicles No 58
“Twice Put in Jeopardy”

 

Gary Hunt
Outpost of Freedom
March 23, 2017

Of course, we must start with the Fifth Amendment to the Constitution, as it is the “supreme Law of the Land.  The pertinent part reads:

“No person… shall any person be subject for the same offence to be twice put in jeopardy of life or limb.”

Now, that phrase, “twice put in jeopardy” is also referred to as “Double Jeopardy”, though whichever way we choose to phrase it, the meaning is quite simple.  If you are charged with a crime, absent a mistrial or some other legitimate cause, you can only stand trial one time.

It used to be that a crime was simply stated.  If you murdered someone, then you were charged with murder.  If you murdered more than one person, then additional counts of murder were added to the charge.  You would not be charged with, say, unlawful discharge of a firearm within the limits of the city, destruction of private property if the bullet damaged something, assault, illegal possession of a weapon, or any other crimes that you may have committed while also committing murder.  You simply stood trial for murder.

If you were acquitted, that was it.  If they found additional evidence that proved that you had really committed the murder, that was too bad.  They had their chance, and they blew it.

This protection, afforded by the Bill of Rights was a prohibition against the government trying and then retrying, you until they could get a conviction.  It also precluded your being tried by one court, found not guilty, and then tried by another court in different jurisdiction, for the same crime.

. Continue reading ‘Burns Chronicles No 58 – “Twice Put in Jeopardy”’ »

Freedom of the Press #12 – Fully Biased Instigators

Freedom of the Press #12
Fully Biased Instigators

Gary Hunt,
Outpost of Freedom
March 13, 2017

When I was in the Army, I had to obey the orders that were given to me, by my superiors.  That obligation ceased nearly fifty years ago.

Since that time, I have only taken “orders” from my employer or supervisor, though I have given “orders” to subordinates, as a part of my supervisory responsibilities in various positions I have held.

I have also given “orders” for food or other purchases, as I don’t expect waitresses or clerks to be mind readers.

In all of the above instances, there has been a relationship predicated on the fact that there was some implied obligation by virtue of the relationship, fiduciary or voluntary, between the “orderer” and the “orderee“.  Yes, I made those two words up, but I suppose that all reading this will get the point being made.

This tribulation began when the U. S. Department of Justice “Demanded” that I Cease and Desist publishing a series of articles exposing informants, both inside and outside of the Malheur National Wildlife Refuge during the occupation by those seeking a “Redress of Grievances” (First Amendment).  The Letter also wanted me to return information that I had obtained without any illegal act on my part.  And, in a somewhat ridiculous (impossible) Demand, that I remove the articles from my website “and any other website”.

However, I have no more control over “any other website” than the Justice Department has over me.

An FBI agent delivered the Letter.  I asked the agent what obliged me to recognize the authority of the Letter.  He said that he did not know.  (See Freedom of the Press #1 – Meeting with the FBI)

Since that time, the Court has “Ordered” me to do things that I didn’t want to do.  I have refused service on two of them; the second (middle) one was never even offered to me to be refused.  In each instance, I have asked for some law that I violated or how I came under the jurisdiction of the Court in Portland, Oregon.  I have yet to receive a qualified answer thereto.

Now, I say “qualified answer”, in that the US Shysters have included case law in their Motions, though when I researched those cases submitted, I found that those cases really supported my position, not the government’s position.

The government is using the Court as a forum, while I cannot do so, since I would be submitting to the Court’s jurisdiction.  So, my recourse is to use the “Court of Public Opinion”.  The government has introduced articles from both the “Burns Chronicles” and “Freedom of the Press” series into the Court Record.  As I have pointed out, one cannot submit a page of a book into the record without submitting the whole book.  The articles are nothing less than pages of a book, and must be taken as a whole.  This is especially true with “Freedom of the Press”, as it is chapters in an ongoing story — recorded as that story plays out.

The government has set forth arguments, made assertions, and have otherwise provided “papers” to the Court which represent that I am subject to jurisdiction.  However, each of those assertions has been disproven in my responses.  So, though they began by using my articles in an effort to defame me, and have selectively chosen what “evidence” they want in the Record, the government has been remarkably consistent in ignoring content that disputes those claims.

On Friday, March 10, 2017, the government filed “Government’s Status Report Regarding Order to Show Cause” (Report), asking that the Court “issue a warrant for his arrest to be served by the United States Marshal.”  In support of that Report, they also filed the “Affidavit of FBI Special Agent Jason P. Kruger in Support of Government’s Status Report Regarding Order to Show Cause” (Affidavit).  This article is my response to which can only be seen as a demonstration of the incompetence of the Federal Bureau of Investigation.

The first section of the Report is titled “The Government Has Established by Clear and Convincing Evidence That Gary Hunt Is Violating This Court’s Lawful and Direct Orders“.  So, let’s look at some of that “clear and convincing evidence”. (Emphasis, mine.)

 

Continue reading ‘Freedom of the Press #12 – Fully Biased Instigators’ »

Freedom of the Press #9 – “Prior Restraint”

Freedom of the Press #9
“Prior Restraint”

Gary Hunt

Outpost of Freedom
February 22, 2017  – George Washington’s Birthday

In the previous article, though suggested in the government’s Supplemental Memorandum in Support of Government’s Motion For an Order to Show Cause, of February 7, 2017, it really didn’t get to the heart of “Prior Restraint”.  So, let’s get to the heart of that matter.

Let’s start with the law that explains the potential severity of publication of certain information, in a case similar to what the government and Judge Anna J. Brown are attempting to construct against me.  Section 793 (e) of the Espionage Act was cited as the authority by which the government attempted to impose “Prior Restraint” on the New York Times for publishing what was known as the “Pentagon Papers”.  The Papers had been leaked to the press by a government employee who had signed a non-disclosure agreement (not just based upon a Protective Order), which precluded that employee from divulging any information protected by Section, 793 (e):

Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it.
… Shall be fined under this title or imprisoned not more than ten years, or both.

There, in a rather large nutshell, is the extent of the government’s authority to impose upon a party limitations in communicating certain information, and/or retaining and/or not delivering it to the government.  However, as we shall see, even that did not have the effect implied in the wording of the Act.

To understand the legal limitations of government’s authority, we need to look at New York Times Co. v. United States 403 U.S. 713 (1971).  The case taken up by the Supreme Court included a similar action brought against the Washington Post.  The cases were joined and the Supreme Court granted certiorari, in which the United States sought to enjoin the New York Times and the Washington Post from publishing the contents of a classified study entitled “History of U.S. Decision-Making Process on Viet Nam Policy.”  Prior to the Supreme Court decision, the District Court for the Southern District of New York, in the New York Times case, and the District Court for the District of Columbia, and the Court of Appeals for the District of Columbia Circuit in the Washington Post case held that the Government had not met that burden of proof.

The Second Circuit Court of Appeals overruled the District Court in the New York Times case, putting a stay on publication on June 25, 1971.  The Supreme Court then ordered that the stay be vacated.

Now, before we go on, this is not about the source that provided the information to the newspapers.  It is solely about the right of the press to publish what it had obtained, regardless of the source.  With that in mind, we must take the reader back to a statement in the Supplement Memorandum (linked above), which states:

The government is not seeking the testimony of third-party Gary Hunt to identify the source or sources of the protected discovery information. The government intends to investigate that on its own. The government is merely seeking the removal of protected discovery material that this Court has ordered protected. Nothing about Gary Hunt’s blogging[sic] activities is implicated by the Motion to Show Cause. Third-party Gary Hunt is continuing to disseminate protected discovery material in the face of three Court Orders. No privilege is implicated.

This demonstrates the similarity of the parties in New York Times Co. and the current situation.  In neither case is the source of the information sought, though there can be little doubt that in both cases, the government was investigating the source.

. Continue reading ‘Freedom of the Press #9 – “Prior Restraint”’ »

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

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

Gary Hunt
Outpost of Freedom
February 08, 2017

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

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

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

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

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

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

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

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

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

A. Proper Venue Under the Law

The first case cited is:

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

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

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

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

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

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

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

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

The Bundy Affair #20 – The Invisible Witness

The Bundy Affair #20
The Invisible Witness

Gary Hunt
Outpost of Freedom
February 2, 2017

I have been so busy writing about the goings on in Oregon that I haven’t had much opportunity to consider the situation in Nevada.  As I have told those that I been working with regarding the Group 1 trial in Oregon, who have all started concentrating their efforts in Nevada.  I told those who I had been working with in Oregon, “You all get to work down where it is warm and sunny, while I’m still stuck up here where there is snow on the ground, and it is cold.”  Seriously, however, I am in Northern California, about halfway between the two.  But, I was spending my time primarily on the Oregon, Ammon Bundy, et al, case.

Then, the government filed a Motion.  Upon reading the Motion, I found that the US Attorney has decided to invite me down to Nevada, an offer I couldn’t refuse.

On January 27, 2017, the government filed “Government’s Motion for Protective Order Regarding Undercover Employee“.  It is their effort to hide from the defense the identification of an Undercover Employee (UCE).

The invitation is found, beginning on page 9 of that Motion, to wit:

Events subsequently in the courtroom and in the United States v. Ammon Bundy, et al. case in Oregon have shown that the danger to the lone UCE witness in the government’s case is particularly great. Although the discovery information in United States v. Bundy was restricted due to a protective order, an associate of the defendants (including some of the seven common defendants in the Nevada case), Gary Hunt, posted discovery material to “out” confidential human sources to his webpage. Litigation is ongoing in the District of Oregon to remove the information from the web. See, e.g., Order Granting in Part Government’s Motion to Enforce Protective Order, United States v. Bundy, Case No. 3:16-cr-00051-BR (D. Or. Jan. 11, 2017).

Now, some might think that this doesn’t look like an invitation, but, after all, beauty is in the eye of the beholder.  I see that the United States Government Railroad (USGRR) is in full operation, and flying down the tracks at breakneck speed.

So, getting started in catching up with the USGRR, you will note that they imply a threat when they state that the events in Oregon “have shown that the danger to the lone UCE witness in the government’s case is particularly great.”  On the contrary, they have shown that there is no risk, at all, to the informants in the Oregon occupation — unless you consider that most of the informants have abandoned their old phone numbers, and are not accessible by phone, anymore.

Let’s look at some facts about this alleged “danger”.  On September 21, 2016, AUSA Gabriel, in questioning OSP officer Jeremiah Beckert, asked, “And did you have information about whether the driver [Mark McConnell] was cooperating with the Government?”  Beckert answered in the affirmative, and of its own volition, the government hung one of its informants out to face, what, serious bodily harm?  Death?  Well, that did not happen.  And, the government put this informant at risk.  That very act disputes the government’s entire argument regarding the potential threat to any of the informants.

. Continue reading ‘The Bundy Affair #20 – The Invisible Witness’ »

Freedom of the Press #5 – “Tilting at Windmills”

Freedom of the Press #5
“Tilting at Windmills”

 

Gary Hunt
Outpost of Freedom
January 31, 2017

Well, it has been almost three weeks since the government’s most recent effort to suppress Freedom of the Press.  Not really surprising, since they have nothing to go on; they just think that they do.  However, Billy J. Williams (aka Don Quixote) and Pamala R. Holsinger (aka Sancho Panza) have spent a bunch of taxpayer’s money on “Tilting at Windmills”.  They just do not seem to believe that the Constitution is the very document that created them, and the government that they represent.  Well, it didn’t really create them, but it did create the positions that they hold.

Back on January 10, 2017, the government filed the “Government’s Supplemental Memorandum in Support of Motion to Enforce Protective Order (1689)“.  This was discussed in Freedom of the Press #3 – “Contemptuous Postings”, published on January 11.  That same day, just hours before #3 was published, the Court filed an “Order Granting in Part Government’s Motion to Enforce Protective Order (1691)“.  This, of course, led to my response, on January 12, with Freedom of the Press #4 – The Order.  Rather a hectic pace, for three days.

Apparently, the government had some heavy homework, for it wasn’t until January 30 that they made their next move.  They filed “Government’s Motion for an Order to Show Cause (1788)“, and, not to be out done, they filed an “Affidavit of FBI Special Agent Ronnie Walker in Support of Government’s Motion for an Order to Show Cause (1789)“.  The Motion (1788) is only 6 pages, but the Affidavit (1789) is 14 pages, 8 of which are actually entering my Article #4 into the record.  I sure like it when they expand my readership.  Thank you, Don and Sancho.

So, let’s look at the Affidavit (1789), first.  The first three paragraphs are explanations of Ronnie Walker’s qualifications.  In that third paragraph, we find this rather curious limitation of her authority:

I am an “investigative or law enforcement officer of the United States” within the meaning of Title 18, United States Code, Section 2510(7), authorized to conduct investigations into alleged violations of federal law.

Now, it says that she is “authorized to conduct investigations into alleged violations of federal law.”  It does not say that Walker cannot investigate other allegations, but if Walker could, would not Walker have made the point clear.  It kinda makes you wonder, since nobody has found the time to provide a statute that I am in violation of.  This was first discussed when I received the “Letter- Demand to Cease and Desist“, which I reported on in Freedom of the Press #1 – Meeting with the FBI, when “I asked the agent what statute bound me to the Cease and Desist portion of the letter?”  I received no reply.  Since they have not provided me a statute (federal law), I am just wondering if maybe SA Walker is moonlighting for the US Attorney.

Now, here is the kicker.  In the next paragraph in the affidavit, Walker states:

4.  This affidavit is intended to show only facts pertinent for the requested motion and does not set forth all of my knowledge about this matter.

So, let’s see some facts.  In paragraph 15, Walker states that I received:

a Supplement to the original Protective Order, court record #1692, which prohibits any individual or entity from disseminating those materials or any information derived therefrom to any other individual or entity by any means.

Well, that is a fact.  Any individual or entity that disseminates those materials or any information derived therefrom to any other individual or entity[,] by any means.  Now, that would make almost any person who has read and shared certain of my articles, and presumably, even if you did not read them and only shared them, you have been brought into the “long arm of the Protective Order”, and are subject to the very same punishment that they want to try to hang on me.  And, as Walker said, that’s a fact.

Do not let that scare you, because we still have to see if the Court can find some way to reach out of their jurisdiction and grab me, or you, unless, of course, you live in Oregon.  But, even if you do live in Oregon, unless you are party to Ammon Bundy, et al, the trial, which will start, again, with Group 2, on February 14, it would not apply to you, either.  The reason I say that it can’t reach you is that you have to have aided and abetted a party in the action.  That condition exists when two parties work together.  We’ll touch on that, a little later.

. Continue reading ‘Freedom of the Press #5 – “Tilting at Windmills”’ »

Burns Chronicles No 56 – Is a Misdemeanor a Crime? or, Is the Court a Crime?

Burns Chronicles No 56
Is a Misdemeanor a Crime? or, Is the Court a Crime?

Gary Hunt
Outpost of Freedom
January 29, 2017

Perhaps we should start with Article VI, clause 2, of the Constitution of the United States of America:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Now, that is easy to follow and understand.  First, “This Constitution“, and, next, “the Laws of the United States which shall be made in Pursuance thereof“, “shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby.”

Article V of the Constitution states that when an Amendment is ratified, it “shall be valid to all Intents and Purposes, as Part of this Constitution.”  “Shall” is mandatory.  It is imposed, without recourse, and must be obeyed.  The requirement that any “Laws… which shall be made in Pursuance thereof” precludes any enactment, statute, or rule, to be in violation of the intent of the Constitution and the Laws made Pursuant to it

In a previous article, “To Jury, or, Not To Jury“, the Sixth and Seventh Amendments were discussed.  Now, let’s go to the top, the Constitution itself, and see what it says.  This led to the more descriptive wording in the Sixth and Seventh Amendments.  This case has to do with misdemeanor charges of trespass, tampering with vehicles or equipment and destruction of property.  This is the Article that established the Judicial Branch, Article III, § 2, clause three:

The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury…

The subsequent Amendments set no limit on criminal charges and a minimum of twenty dollars in civil actions, each requiring a jury trial.  The Amendments made clear, without ambiguity, that any case tried in a court of the United States must fall within those two described areas.  There are no exceptions.

However, this Court, appearing to be inquisitorial rather than just, has opted to circumvent those limitations imposed upon judiciary, by the very document that created the judiciary.  It has put in place, by two methods, a means of deception, whereby the Court can circumvent the Law of the Land.  Chicanery, defined as “deception or trickery, especially by the clever manipulation of language”, is certainly involved in this current circumvention and “inquisition”.

First, chicanery is often used in the “case law method”, where higher court decisions are based upon previous decisions, not necessarily in accordance with the Constitution.  This method began being applied in 1872, shortly after the Civil War.  Harvard University set forth the “method”.  It has since become what appears to be the primary foundation for decisions, most often, without regard to the Constitution.

. Continue reading ‘Burns Chronicles No 56 – Is a Misdemeanor a Crime? or, Is the Court a Crime?’ »