Posts tagged ‘demonization’

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

Barbeau Qued in Seattle

The Government is Seeking the Last Drop of His Blood

Gary Hunt
Outpost of Freedom
September 4, 2017

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

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

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

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

That Memorandum says that:

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

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

The government goes on to say:

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

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

. Continue reading ‘Barbeau Qued in Seattle – The Government is Seeking the Last Drop of His Blood’ »

Camp Lone Star – Domestic Terrorist! Really?

Camp Lone Star

Domestic Terrorist!   Really?

Gary Hunt
Outpost of Freedom
September 1, 2017

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

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

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

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

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

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

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

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

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

Statement by Gary Hunt Regarding the Freedom of the Press – Show Cause Hearing of August 23, 2017

Statement by Gary Hunt
Regarding the Freedom of the Press;
Show Cause Hearing of August 23, 2017

Gary Hunt
Outpost of Freedom
August 26, 2017

I intended to write an article about the Freedom of the Press hearing in Portland, Oregon.  However, since I had decided to testify, I had mentally prepared to answer cross-examination questions, should they be asked.  My problem in writing this is that the answers given and the answers not given are mingled together in my mind, I can’t quite sort them out and be sure of the accuracy of what I say.  As to discussing other matters that were brought up, as well as examination and cross-examination of the government’s two witnesses, FBI SA Jason Kruger and FBI SA Matthew Catalano, are also mingled in my mind, as well as much that was presented by both the prosecuting attorney and my able counsel, Michael Rose.

Therefore, I will, at this time, simply give an overview, from my perspective, of what occurred.

AUSA (Assistant United States Attorney) Pamala Holsinger opened by telling us how damaging my exposing the informants was.  She then called FBI SA Jason Kruger to the stand.  Kruger must have listened to many hours of various internet radio shows I did, as well as reading, perhaps, all that I have written in both the “Burns Chronicles” and “Freedom of the Press” series.  I would say that he was accurate in his quoting from both, but often the words, without inflection and out of context, tell a story that is, at best, just close.  However, his testimony, until cross-examination, simply painted a picture of me saying that what I had written would help the defendants.

However, in cross-examination, he was referred to what he had written in his 302 reports and it was pointed out that I had said that my purpose in doing the outing was to shed light on the “Misdeeds of Government”, a phrase that I has been used for decades in describing my writing.

Next came Catalano.  Matthew is a nice guy and we got along well, in our two meetings.  However, his examination followed the same course.  Well, until cross-examination, where Mr. Rose elicited some more positive aspects of our meetings, as well as the fact that from the beginning, I had told Catalano that I didn’t believe that I was subject to a Protective Order, especially one issued out of  Oregon, and me not being among those to whom the Protective Order was addressed.

Now, the dilemma is that given what they had presented, both the positive and the negative were nothing more than words.  Very little about my motivation to investigate the identities and then write about the informants is addressed in the articles, themselves.  And, the radio shows, well, when you speak to an audience, you are not under oath, and you may tend to not present certain statements with sufficient explanation to put a proper context on what is said.  Kind of like a politician seeking election, but not telling you all that he believes.

Absent my testimony, where I could present the motivation, it would simply be a coin-toss as to whether the negative or positive would be used by Judge Anna Brown to make her ruling on the matter.

Interestingly, those who wish to ridicule me on the Internet reported that my attorney told me to “shut up”.  Well, that is very far from the truth.  The day before the Hearing, when I arrived in Portland, I met with him to discuss the hearing.  He asked if I had any witnesses to call, and I told him that I keep all but my articles to myself — that nobody could really speak to what my motivation was — except me.  He advised me of the dangers of taking the stand, though I already understood what those were.  It was clear that I could not speculate on the source, which was a comfort to me, as I simply had to tell the truth, that I didn’t know who sent me the Discovery information that was the evidence I used to identify the informants.  He said that he felt comfortable that I could take the stand, so it was decided that I would.

As my turn to take the stand arrived, Judge Brown asked whether I was properly advised of the potential risk, if I took the stand.  Mr. Rose explained that we had discussed that, and that I was aware of the necessity that I do so.  So, I took the stand and testified.

. Continue reading ‘Statement by Gary Hunt Regarding the Freedom of the Press – Show Cause Hearing of August 23, 2017’ »

Freedom of the Press #18 – The Big Guns

Freedom of the Press #18
The Big Guns

Gary Hunt
Outpost of Freedom
August 10, 2017

August 8, 2017, was the date set for the government to file their response.  They did so in the Government’s Reply to Respondent’s Opposition to Government’s Memorandum in Support of Civil Contempt.  That will be the subject of this article, however the recent background, since the May 9, 2017, Jurisdiction Hearing.

As a result of that Hearing, the government first filed the Government’s Memorandum in Support of Civil Contempt (June 12, 2017).  That was the subject “Freedom of the Press #16 – Jurisdiction Hearing“.  It appears that since January, when the government sought to have me held in Contempt of Court, they have yet to come up with a case citation that supports their position.

My response was filed as Memorandum of Law in Opposition to the Government’s Memorandum in Support of Civil Contempt (July 21, 2017).  This Memorandum increases the burden on the government, separating articles published before the “Supplemental Protective Order” and the one article published after that Order.  The government has yet to meet any standard of proof with regard to their legal responsibility to do so.

So, the current government Reply endeavors to regurgitate some of the same arguments that the government has relied upon, through the course of this ordeal.  For example, they have, from the beginning, relied upon Roviaro v. United States, 353 U.S. 53 (1957), when they state, “The substantial government interest in protecting confidential sources is long established.”  Where they fail in Roviaro, is that the protection is afforded by allowing the government to protect the identity of the informant.  In the words of the Roviaro decision, “What is usually referred to as the informer’s privilege is, in reality, the Government’s privilege to withhold from disclosure the identity of persons…”  What it does not do is to extend any criminal liability to those that disclose an informant’s identity.  It simply gives the government the right to try to protect the identity.

In the current matter, that was done to the extent that the law allows, the Protective Order that sanctioned those who were given certain information from disclosing that information.  It is only that person, whether a defendant, defendant’s counsel, or even government employee, was subject to the Court’s order not to divulge the identity of the informants.

The government did so even prior to the Discovery being given to the defendants, when they redacted what they believed to be any information that would tend to expose the informants.  The informant’s names were redacted as where many hundreds of words that the government felt would identify the informants.  The government keeping that information away from the defendants (the identification of informants) was their exercise of the protection of the informants, as per Roviaro.

The government continues to persist in stating, rightfully, “this Court had the authority to issue the orders and that it continues to have the authority to enforce the orders.”  However, they have yet to address the relevant aspect of jurisdiction.  To put this in context, if a judge in Mexico issues an order, he has such authority.  He also has the right to enforce that order.  However, does he have the jurisdiction to first, apply that order to someone not within his jurisdiction?  And, second, the authority to enforce the order against someone not within his jurisdiction?

The government wants to spin the context of what I said into a confession that is very, very far from my belief and honest admission as to the authority of the judge.

As the government continues, they make this rather curious assertion:

“When Hunt complains that this Court’s orders “prohibit” him from publishing “certain investigative pieces,” his factual premise is simply inaccurate.  Second, the justification for the original Protective Order continues because there is an ongoing need to protect cooperating witnesses regardless of the status of the trial.”

So, let’s break this down.  I have never complained about anything, except the fact that I was arrested by the government, similar to this current contempt situation, wrongfully applying a statute that did not apply to me, resulting in my spending a week in the Sacramento County Jail.  It would have been substantially longer had not Judge Brown seen through the deceitful tactic of the government in attempting to punish me, by simply lying to have a warrant issued for my arrest.  See Freedom of the Press #17 – Is This Legal?

Then, the government shysters endeavored to make a point:

“We are not asking this Court to restrain Hunt’s ability generally to write about the case — or even the informants — we only want him to observe this Court’s Order, which means that he cannot publish the discovery material subject to the Court’s Order.”

How nice of them to say that they don’t have a problem with me writing “about the case — or even the informants.”  How gracious.  However, these shysters are supposed to present facts.  My reputation as a journalist (not a blogger) is based on presenting facts.  Let’s suppose that I wrote about the informants, but failed to justify my conclusions without facts to back up those conclusions.  Well, then, I might just be a blogger.  However, as facts are a requisite in our judicial system, they are also a matter of principle to a good journalist.  To make accusations without presenting the facts makes a mockery of journalism, as it would of the judicial system.

Besides, such accusations are prolific in the patriot community.  They tend to lack any substance and are often made over a simple disagreement between two people.  Should some rely upon simply my word that so and so is an informant, the informant would simply accuse the accuser of being an informant.  And, the louder voice would probably prevail.  Surely, the government shysters would love to see an expansion of the “he said; she said” sort of rhetoric in the community.

As we continue through the Reply, we find this rather subjective statement of ‘facts’:

“[T]he government’s interests far outweigh any First Amendment interest Hunt may assert.  First, we need to protect our confidential sources for all of the valid reasons identified in Roviaro.  Second, the Court has a significant interest in enforcing the terms of its own Protective Orders.  Without enforcement, Hunt’s defiance threatens to undermine our ability to exchange discovery in future criminal cases.”

Now, the first point has already been addressed, with regard to the government’s right to endeavor to protect their sources — which they did by denying the defendants the right to call the witnesses against them (6th Amendment).  Second, the Court wrote the Protective Order and subjected those identified as subject to that Protective Order.  Daniel Ellsberg was the criminal in the “Pentagon Papers”.  The New York Times was not.  Finally, and the most laughable, is that the government feels that the exchange of discovery might be undermined.  Well, there is little doubt that the shysters want to keep as many secrets as they can from the defense.  However, in an effort to attempt to maintain their unscrupulous cadre of spies amongst us, they would willingly subvert the Constitution.

. Continue reading ‘Freedom of the Press #18 – The Big Guns’ »

The Cause – What To Do?

The Cause – What To Do?

Gary Hunt
Outpost of Freedom
June 12, 2017

I have been writing about the Bundy Affair since April 12, 2014 and the Burns Chronicles since February 2, 2016.  Both evolved out of a common grievance, Public Lands, and the rights that are inherent in them.  There are other commonalities, such as some of the players involved in both events and the fact that both had left behind the concept of Civil Disobedience and had entered the realm of Civil Defiance.  Those players, unlike most other patriots, had moved along “The Other (not so) Thin Line” to a point where their actions were intended to speak louder than their words.

The first event, in Nevada, the Bundy Affair, was an evolution from an event back in 1993 when Cliven Bundy, supported by hundreds of patriots who went to his ranch to side with him, defied the federal government and first stood for his right to continue both grazing and water permits necessary to continue his ranching business.  Cliven Bundy’s right to his historical use of the public lands culminated on April 12, 2014, or so we thought, in the “Unrustling” of the cattle that had been rustled by agents of the Bureau of Land Management (BLM).

In 2015, in Oregon, Dwight and Steven Hammond had been “resentenced” for a “crime”, though they had already served their time.  Their “crime” was the use of controlled burn and backfire to do what ranchers and the BLM have done for over a century.  The first is to destroy unwanted vegetation, the second, to control an existing fire in order to protect property.

This was not the beginning of their ordeal with the Fish and Wildlife Service (FWS).  Their ordeal began almost a decade before Cliven Bundy’s first confrontation with an out of control federal government.  The FWS had been trying to restrict the Hammond’s ranching by cutting of water supply, fencing public corridors, and requiring annual licensing for what were perpetual rights to Public Land Usage.  “The Harassment of the Hammonds” dates back to October 1986.

For all intents, the Hammonds were tried, sentenced, served their time, and left prison as free men.  The government waited until all of this was done before filing an appeal to the Appellate Court, contending that they should have been sentenced according to the Sentencing Guidelines.  Funny, the word guidelines isn’t mandatory, simply a guide.  But, more on that in a future article.

The resentencing of the Hammonds raised the indignation of some of those players from the Bundy Affair, and others who had, possibly a result of what they witnessed in April 2014, moved further along that “Thin Line”.  Unable to convince the Hammonds that they should not turn themselves in for the additional 4+ years they would now have to serve, the objective changed to the FWS, the aggressors against the Hammonds.

There had been a planned demonstration in support of the Hammonds scheduled for January 2, 2016, just two days before they were to turn themselves over to the US Marshal Service to begin their second punishment for the first crime.  This demonstration, like many others, was Civil Disobedience.  However, behind the scenes, a plan of Civil Defiance had been hatched.  It was left to those who either went to Burns, Oregon, before or after the January 2 event to decide just how far along that “Thin Line” they had moved.  Unfortunately, many who claim that they are “fed up with the Feds” are not fully committed to action.  Instead, they chose to act big and criticize what was acted out by those who were more committed and chose to occupy the Malheur National Wildlife Refuge (MNWR), an FWS facility about thirty miles south of Burns, and the adversary of the Hammonds rights for three decades.

For nearly a month, the Civil Defiance brought attention to the country, and the world, that the historical rights of Public Land usage were being trampled upon by the government.  The government, possibly absent any legal standing to deal with the occupation of the MNWR, chose to ambush a two vehicle, eight-person convoy going to a public event in John Day, Grant County, north of Burns.

Lying to the Oregon State Police (OSP), the FBI claimed that they were making a “felony stop” (legally, to stop the completion of a felony) and/or to serve an arrest warrant.  The warrant, however, was not issued until after seven were arrested and one murdered, while in transit to the event in John Day.

. Continue reading ‘The Cause – What To Do?’ »

Freedom of the Press #17 – Is This Legal?

Freedom of the Press #17
Is This Legal?

Pamala R. Holsinger, (OregonLive)

Gary Hunt
Outpost of Freedom
May 25, 2017

In a previous article, “Freedom of the Press #13 – Sojourn to Sacramento“, I explained that Federal Magistrate Brennan (Sacramento) intended for me to receive diesel therapy, and that I would provide insight into just why he chose that route.  It was an expected response based upon the information that he had been provided, regarding the Sealed Order Granting Government’s Request for Arrest Warrant as to Gary Hunt and Order Sealing Arrest Warrant (ECF #2017).

This Sealed Order was obviously prepared by the US Shyster’s Office.  Their intention was to punish me, as they have most of the others in the Oregon and Nevada indictments, based upon contrived accusations.

The most oft-repeated contrived accusations that we are all familiar with are:

  • To justify shooting someone, “I feared for my life and/or the life of a fellow officer”.
  • Though some have homes, family, and jobs, “They are a flight risk and should be detained in jail until trial”.

Well, now we get another one to add to the list.  I have been writing for 24 years.  I have never carried a firearm during that period.  Though my words may be inciteful, they are simply words (The Pen can be mightier than the Sword).  There is no reason to believe that I would avoid arrest, as I had continued the dialogue regarding Freedom of the Press for nearly three months, and met, willingly, with FBI Special Agent Catalano, whenever requested.  However, the wording in the Sealed Order states:

The Court, however, finds good cause to file under seal both this Order and the arrest warrant. Throughout this case and in the factually-related matters that took place in Bunkerville, Nevada, in April 2014 that are the subject of ongoing criminal proceedings in the District of Nevada, there have been instances of individuals avoiding the execution of court orders and/or arrest by engaging in armed confrontations with law enforcement. The Court issues under seal this Order and the warrant for Hunt’s arrest in an effort to permit the orderly execution of the arrest warrant.

Well, I wrote about Bunkerville (The Bundy Affair series), and I continue to do so.  However, I was not present at that armed, yet peaceful, protest of the government’s effort at the semi-legal rustling of cattle by the BLM, including their intended violation of numerous state and federal laws regarding branding and cattle health certifications.  I was at Burns for a few days.  However, I was there to get a story on the treatment of the Hammonds, prior to the fires (See “The Harassment of the Hammonds“), that got them imprisoned for five years.  There has been no effort on my part  to avoid arrest by engaging in an armed confrontation with law enforcement.  There was no arrest warrant in the possession of the FBI or the Oregon State Police during the stop, roadblock, and murder of LaVoy Finicum.  Finicum, as the government has admitted, expressed to those who had no warrant, that he was going to a law enforcement officer, Sherriff Glenn Palmer of Grant County, Oregon.

This fiction was probably simply glossed over by Judge Brown.  However, she “rubber-stamp” signed the Sealed Order and the Arrest Warrant.  This was the documentation that was presented to Eastern District of California Magistrate Brennan, who had to decide if I should be detained and diesel transported back to Oregon.  And, of course, with that as the only information that he had before him, the demonization of me was such that he curtly denied any alternative.

The case that Magistrate Brennan ruled on is United States of America v. Gary Hunt, Case No. 2:17-mj-00058.  The records transferred from California to the Oregon case, United States v. Ammon Bundy, et al, case, in Oregon (which my matter still falls within), and the Booking Report, list the only charge as a violation of 18 U. S. Code §3146, “failure to appear”.

. Continue reading ‘Freedom of the Press #17 – Is This Legal?’ »

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?’ »

Freedom of the Press #13 – Sojourn to Sacramento

Freedom of the Press #13
Sojourn to Sacramento

Gary Hunt,
Outpost of Freedom
April 11, 2017

Introduction

This past Friday, April 7, I returned home from a week long visit the Sacramento County Jail.  I was in jail based upon a Warrant for my arrest for failing to appear at a show cause hearing on March 10.  The Warrant and what led up to it will be the subject of a future article.

I am writing this article to explain a system that, quite frankly, ignores our rights, especially when only accused of a crime.  It will give a little insight into life behind bars, at least those of the Sacramento County Jail.  I can’t say that this compares to the treatment that those currently held in jail in Oregon (Jason Patrick) or Nevada (many still innocent people) are receiving, but, perhaps it will help to understand that they are being treated similarly, or worse.

It will also explain what I have gone through.  Now, when I go to Court in Portland, next month, I will be entering the courtroom on the terms that I had to establish.  Fortunately, though without a plan going in, the final result is that I achieved a bit more than I could have expected, thanks to Judge Anna Brown.

The Arrest

Around noon on March 30, 2017, a nice, sunny, warm day, here in Los Molinos, California, I received a phone call from FBI Special Agent Catalano.  This was the fourth call he had made to me, since back in January when he first provided me a copy from the US Shyster demanding that I cease and desist publishing information obtained from the United States v. Ammon Bundy, et al, discovery evidence.  He began by saying, I am here in Los Molinos with the US Marshals, and I suppose you know what this is about.”  About that time, my wife buzzed me and told me that lunch was ready.

I then asked if it was to arrest me.  He affirmed that that was the purpose.  I asked if I could have about an hour to explain to my family what was occurring.  After conferring with someone on his end, he said that would be okay.  I told him that I would call him when I was ready.  I must say that I honestly believe, because of the tone of his voice, that SA Catalano did not enjoy his task

I called my team and gave them the simple message, “I am going to be arrested and transported to Sacramento.”  Please post that on my Facebook pages.”  I told them that there was no more to report, at this time.  Then, I went to the house, planning to do a bit more preparation, after I had eaten.

As I sat down to eat lunch, the task that I had anticipated, though somehow hoped would not occur, became reality.  My wife and children know what I do, but our agreement is that my work stays in my office, and out of the house.  They had no idea what I had been writing, but that was about ready to explode, big time, as I began, “I am going to be arrested within an hour.”

. Continue reading ‘Freedom of the Press #13 – Sojourn to Sacramento’ »

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.)

 

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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.

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