Posts tagged ‘Habeas Corpus’

Burns Chronicles No 14 – Which Came First, the Rooster or the Egg?

Burns Chronicles No 14
Which Came First, the Rooster or the Egg?

rooster and eggGary Hunt
Outpost of Freedom
March 20, 2016

Sorry about the play on words, however, in looking for a title for this article, it seemed appropriate to choose the rooster instead of the chicken, as the rooster has a specific role in the relationship.  The egg, however, is a birth, a creation of something new — that will continue to grow, eventually replacing both the rooster and the chicken, in the scheme of things.

Perhaps a few words from the Father of the Constitution might be appropriate:

[The government] can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of the society.  This has always been deemed one of the strongest bonds by which human policy can connect the rulers and the people together.  It creates between them that communion of interests and sympathy of sentiments, of which few governments have furnished examples; but without which every government degenerates into tyranny.  If it be asked, what is to restrain the [Government] from making legal discriminations in favor of themselves and a particular class of the society?  I answer: the genius of the whole system; the nature of just and constitutional laws; and above all, the vigilant and manly spirit which actuates the people of America- a spirit which nourishes freedom, and in return is nourished by it.
If this spirit shall ever be so far debased as to tolerate a law not obligatory on the [Government], as well as on the people, the people will be prepared to tolerate any thing but liberty.

James Madison, Federalist No. 57

Now, the original, and then only, charge against those in Oregon that participated in the opening of the Malheur National Wildlife Refuge to the public, was 18 US Code § 372.  This law was first enacted during the Civil War.  It was the 1st Session of the 37th Congress Lincoln had already called for 75,000 and suspended habeas corpus {page 1 of pdf}, before the law was enacted.

The law was first introduced on July 17, 1861 {2}, just over three months after the war had begun), and:

“provides that if five or more persons within any State or Territory shall conspire together to overthrow, Or to put down, or to destroy by force, the Government of the United States; or to oppose by force the authority of the Government of the United States; or by force to prevent, hinder, or delay, the execution of any law of the United States; or by force to seize, take, or possess any property of the United States, against the will, or contrary to the authority of the United States, or by force, or intimidation, or threat, to prevent any person from accepting or holding any office of trust, or place of confidence, under the United States, each and every person so offending shall be guilty of a high crime.”

The act was supported by Mr. Trumbull {7} when he provides a couple of examples in which this law, being far short of Treason, is to punish those who have committed specific acts against officers of the government.  In one example, he speaks of a case in Missouri where “a number of persons, by threats of violence and intimidation, prevented a postmaster from performing the duties of his office.”  He provides another, more general, example, of “route agents” were deterred from performing their duties.

In both instances, there was a “victim”, either the “postmaster” or a “route agent”, and there were specific acts that kept them from their duties. Continue reading ‘Burns Chronicles No 14 – Which Came First, the Rooster or the Egg?’ »

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 3 – Guardian of Personal Liberty

Wolf Trap – Act I – Habeas Corpus
Scene 3 – Guardian of Personal Liberty

scales

Gary Hunt
Outpost of Freedom
May 26, 2015

Setting the Stage: Joseph Story called Habeas Corpus “the great bulwark of personal liberty.” He did so as he, as well as did other legal scholars and various Supreme Court decision, because the founders knew that overarching government might attempt to suppress the rights of the people that had been so recently won, at great cost to the people. The inclusion of the “sacred writ” in the Constitution was to assure that their posterity would always have a means of challenging the federal government, when it went beyond those limits set by the Constitution.

The Truth About Habeas Corpus, the “Sacred Writ”

Now, let’s visit the remedy the Founders provided us, in the Constitution. It is fair to say that the Constitution was written with an understanding of both human nature and the incessant obsession in some to seek power solely for the sake of wielding that power.

In Article I, which is the Legislative Branch, § 9, clause 2, it provides that:

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

A privilege is a right that can be suspended.

So, exactly what does it mean? Let’s see what some early judicial scholars had to say.

In 1768, William Blackstone, in his Commentaries, provides insight into the necessity and requirements associated with this Writ of Right.

But the great and efficacious writ in all manner of illegal confinement, is that of habeas corpus ad subjiciendum; directed to the person detaining another, and commanding him to produce the body of the prisoner with the day and cause of his caption and detention…

[I]f a probable ground be shewn, that the party is imprisoned without just cause, and therefore hath a right to be delivered, the writ of habeas corpus is then a writ of right, which “may not be denied, but ought to be granted to every man that is committed, or detained in prison, or otherwise restrained, though it be by the command of the king, the privy council, or any other.”

In a former part of these commentaries we expatiated at large on the personal liberty of the subject. It was shewn to be a natural inherent right, which could not be surrendered or forfeited unless by the commission of some great and atrocious crime, nor ought to be abridged in any case without the special permission of law.

A remedy the more necessary, because the oppression does not always arise from the ill-nature, but sometimes from the mere inattention of government.

From the Constitutional Convention, we have Madison’s Records of the Federal Convention.

The privileges and benefits of the writ of habeas corpus shall be enjoyed in this government in the most expeditious and ample manner: and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding [blank] months.”

“Expeditious and ample” are easily understood, and, clearly, the intention of the inclusion of the “Sacred Writ” within the protection of the Constitution. Being the only “right” defined as a “privilege”, we need simply understand that it is the only enumerated right that is subject to legislative suspension, though only legislative.

William Rawle, in “A View of the Constitution of the United States” (1829), provides us insight into the perception of the Writ just forty years after the Ratification of the Constitution, and, clearly, as it was envisioned at the time.

Reasons will be given hereafter for considering many of the restrictions, contained in the amendments to the Constitution, as extending to the states as well as to the United States, but the nature of the writ of habeas corpus seems peculiarly to call for this construction. It is the great remedy of the citizen or subject against arbitrary or illegal imprisonment; it is the mode by which the judicial power speedily and effectually protects the personal liberty of every individual, and repels the injustice of unconstitutional laws or despotic governors. After erecting the distinct government which we are considering, and after declaring what should constitute the supreme law in every state in the Union, fearful minds might entertain jealousies of this great and all-controlling power, if some protection against its energies when misdirected, was not provided by itself.

If this provision had been omitted, the existing powers under the state governments, none of whom are without it, might be questioned, and a person imprisoned on a mandate of the president or other officer, under colour of lawful authority derived from the United States, might be denied relief.

The Honorable Justice Joseph Story, in “Commentaries on the Constitution“, will provide even more insight.

1333. In order to understand the meaning of the terms here used, it will be necessary to have recourse to the common law; for in no other way can we arrive at the true definition of the writ of habeas corpus. At the common law there are various writs, called writs of habeas corpus. But the particular one here spoken of is that great and celebrated writ, used in all cases of illegal confinement, known by the name of the writ of habeas corpus ad subjiciendum, directed to the person detaining another, and commanding him to produce the body of the prisoner, with the day and cause of his caption and detention… It is, therefore, justly esteemed the great bulwark of personal liberty; since it is the appropriate remedy to ascertain, whether any person is rightfully in confinement or not, and the cause of his confinement; and if no sufficient ground of detention appears, the party is entitled to his immediate discharge. This writ is most beneficially construed; and is applied to every case of illegal restraint, whatever it may be; for every restraint upon a man’s liberty is, in the eye of the law, an imprisonment, wherever may be the place, or whatever may be the manner, in which the restraint is effected.

Finally, we will visit Bouvier’s Law Dictionary (1856):

HABEAS CORPUS, remedies A writ of habeas corpus is an order in writing, signed by the judge who grants the same, and sealed with the seal of the court of which he is a judge, issued in the name of the sovereign power where it is granted, by such a court or a judge thereof, having lawful authority to issue the same, directed to any one having a person in his custody or under his restraint, commanding him to produce, such person at a certain time and place, and to state the reasons why he is held in custody, or under restraint.

7.  The Constitution of the United State Article 1, s. 9, n. 2, provides, that ” the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it and the same principle is contained in many of the state constitutions. In order still more to secure the citizen the benefit of this great writ, a heavy penalty is inflicted upon the judges who are bound to grant it, in case of refusal.

It is pro8.  per to consider, 1. When it is to be granted. 2. How it is to be served. 3. What return is to be made to it. 4. The bearing. 5. The effect of the judgment upon it.

9. – 1. The writ is to be granted whenever a person is in actual confinement, committed or detained as aforesaid, either for a criminal charge, or, …under any color or pretence whatsoever

10. – 2. The writ may be served by any free person, by leaving it with the person to whom it is directed, or left at the gaol or prison with any of the under officers, under keepers, or deputy of the said officers or keepers...

16.  The habeas corpus can be suspended only by authority of the legislature. The constitution of the United States provides, that the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of invasion and rebellion, the public safety may require it. Whether this writ ought to be suspended depends on political considerations, of which the legislature, is to decide

It is apparent that the inclusion of Article I, Section 3, clause 3, was included in the Constitution as a bar against overarching government, unconstitutional laws, and jurisdiction beyond that authorized by the Constitution.

Wolf Trap – Act I – Habeas Corpus – Scene 2 – Who is in Charge Now?

Wolf Trap – Act I – Habeas Corpus
Scene 2 – Who is in Charge Now?

Bureaucrats_at_work

Gary Hunt
Outpost of Freedom
May 23, 2015

Setting the Stage: Ten years after the Ashwander Decision, an Act of Congress established a far more authoritative agency structure, creating a Fourth Branch of Government. Though intended to affect less than 1% of the population, or so they said, it now affects nearly every one of us.

bu·reauc·ra·cy. noun

A system of government in which most of the important decisions are made by state officials rather than by elected representatives.

 

Administrative Agencies Rule Our Lives

The “Administrative Procedures Act of 1946” was submitted by Representative Pat McCarran, Democrat, Nevada, who gave us some insight into its purpose, when, in the Congressional Record, he said:

We have set up a fourth order in the tripartite plan of government which was initiated by the founding fathers of our democracy. They set up the executive, the legislative, and the judicial branches; but since that time we have set up fourth dimension, if I may so term it, which is now popularly known as administrative in nature. So we have the legislative, the executive, the judicial, and the administrative.”

What? A fourth branch of government? My Constitution only has three. Wouldn’t an Amendment be required to create a fourth branch?

He then goes on to say:

“[This bill], the purpose of which is to improve the administration of justice by prescribing fair administrative procedure, is a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the Federal government. It is designed to provide guarantees of due process in administrative procedure.

So, he says that there are hundreds of thousands of people “whose affairs are controlled or regulated in one way or another by agencies of the Federal government.” The population of the United States, in 1946, was 150 million people. So, the “hundreds of thousands”, he didn’t say anything about a million, would constitute well less than one percent of the population.

There is an old saying that if you give an inch, they will take a mile. This appears to be an understatement when you consider that the less than 1% has expanded, in these past 69 years, to incorporate probably 99.9% of the people in this country.

This is, most certainly, NOT the limited government that was given to us by the Founding Fathers. Though we find that their foresight provided a means by which we could challenge that expansion (let’s be honest, usurpation) of authority in the limitations imposed upon that government. However, before we do, we need to look at what those men of integrity also told us of the consequences of such usurpations.

The Founders on Constitutional Limitations

Alexander Hamilton, in Federalist No 78, made clear the judiciary, especially the Supreme Court (which is the only court proposed at the date of his writing) was “the citadel of the public justice and the public security“, and, that “No legislative act, therefore, contrary to the Constitution, can be valid“.

Further, Justice Marshall, in Marbury v. Madison (5 U.S. 137), says that “an act of the legislature repugnant to the constitution is void“.

Prior to the ratification of the federal Constitution, the North Carolina Supreme Court, in 1787, first nullified an enacted statutes that was contrary to the North Carolina Constitution, in Bayard v Singleton (1 N.C. 42). They said that “if they could [enact legislation contrary to the constitution], they would at the same instant of time destroy their own existence as a legislature and dissolve the government thereby established“.

 

The next Scene will explain what the Founders did to protect us from such encroachments by the government that we created.

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.

* * *

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.

Wolf Trap – Keep Your Trap Shut

Wolf Trap – Keep Your Trap Shut

tape in jail

Gary Hunt
Outpost of Freedom
April 15, 2015

 

In this day and age, no one knows any one’s phone number. They either click the name, or speak the name into the phone. So, what happens when your phone is taken away, and then you get to make a phone call from a detention center?

Wolf was arrested in March 26. We found out about the arrest that day, and that he was detained at the Yellowstone County Detention Facility. It appears to be a county run, rather than a contracted facility; however, their phone system is quite profitable for the contractor. A collect call from an inmate costs $3.75 for the first minute and then a $1.00 each additional minute, with calls limited to 20 minutes. However, if they have money in their Commissary Account, they only pay 35¢ per minute, same limit.

Wolf received my Priority Mail envelope on Monday, March 30, and, since my letterhead had a phone number, he called me, beginning our communication. He understood what I had asked, answered some of the questions I posed, promised to provide a written account of the incident that led up to and culminated in his arrest on federal charges. We also discussed a legal maneuver, the Demand for Habeas Corpus (See Habeas Corpus – The Guardian of Liberty) and exactly how to proceed with it. He affirmed that he had executed the Power of Attorney, and he knew exactly how to proceed the next time he was in front of a judge. Undoubtedly, the call was recorded or monitored, so I’m sure that they were privy to our objective. It appears, however, that it took a couple of days for the jailers to get instructions, find somebody to make a decision, or otherwise decide that he should no longer be able to communicate with those outside. Our last phone call was Thursday, April 2.

He had asked that I pass messages on to R, T, C, and N, which I did, immediately after our first conversation. R was in communication with him and made sure that there was money in his commissary, so he was able to call out until April 2. In addition, he assured me, on the 2nd, that the written account would be sent as soon as he could get an envelope and stamps.

After contacting R and others, I found was not the only one who had received no mail or phone calls from Wolf. I decided that I wanted to shake some things up. I wrote a letter and for tracking purposes, sent it Priority Mail. For the purpose of this article, the pertinent portion of the communication is as follows:

April 10, 2015

I called the detention center and all they could tell me was that you had money in the commissary fund, which means that unless something untoward has occurred, I should have heard from you, as should T & R have heard.

This is rather concerning, and I think that you can understand why. So, here is what we/I will do.

I will expect a phone call from you the day that you receive this letter. If I do not hear, in a reasonable amount of time, there are two assumptions that I can make.

First, that you are holding out communicating, perhaps hoping that we, outside, will react, and act. This is not going to happen. We have a remedy, or two, and I fully expect that there will be a resolution. However, that would lead me to take the third step, which, if nothing else, would be rather embarrassing to you when the truth came out.

Second, it is possible that they have put you in a hole and incommunicado. I would not be surprised at this, as I have heard from a couple of attorneys working on federal matters (you know who they represent) that have decided that, to be kind, I am no friend to them. It seems in the second matter, they have gotten blowback that they never expected. We should find out, soon, what the consequences are. If, however, they have treated you in the manner suggested, that also moves me to step three. This would result in extreme embarrassment on the part of both the Detention Facility and the federal yahoos. And, because of the recent Texas story, MSM may be beginning to listen to us.

So, what is step three? Quite simply, I contact Billings Gazette, other local newspapers, and some local radio and television stations, and explain that they have put you in a black hole and incommunicado. Absent charges, bail, or any information on you. It will fare poorly for the responsible party. I would not want to be in their shoes.

I’m sure that my articles on the subject will elicit additional participation by my hundreds of followers (I will give them all of the appropriate contact information).

So, you (those reading this communication) are advised.

Priority Mail tracking indicated that it was delivered to the mailbox on Monday, April 13. This time, I heard nothing and have no idea whether they had violated federal postal laws (remember, he has yet to be officially charged with a crime) and refused to give him my letter. I still do not have an answer to that question.

However, he managed to get a call out to V, Tuesday, April 14, morning. V then advised us, via email, of the rather cryptic communication received from Wolf, which reads as follows:

Wolf called me this morning from YCDF.
He said he is under a communication block – his mail is being read, mail comes without envelopes, and they won’t let him have any mailing out material,
He said that “thing from his regular guest” will probably be blocked. I don’t know anymore and he didn’t explain any more.
He said he isn’t charged yet, and no bond. He’s being blocked from access to his Attorney in Fact.
Sorry his was so cryptic, but I’ve tried to relay it the way he said it.

The “thing from the regular guest” is, of course, the Habeas Corpus. The Attorney in Fact is the same as the preparer of the Habeas Corpus.

I spoke with V and he informed me that Wolf said that since he had called V, V would now be put on the “blocked” list — no longer able to be called. Why he was allowed to call anyone is surely a question to be answered. Is it possible they can block calls without cause? Is it possible that calls are monitored for content? Has Wolf been given a list of prohibited content? Or, do they just make the shit up as they go?

On a more positive note, early this afternoon, R received mail with the executed “Memorandum in support of Habeas Corpus”, the Power of Attorney, and the long awaited account of Wolf’s side of the story. This was accomplished only because Wolf managed to find someone to mail out for him what the Detention Facility would not allow him to mail out.

What is abundantly clear is that though he was arrested on March 26, he has told me that he insisted on a Grand Jury Indictment, in accordance with the Constitution. “They” said that the case would go before a Grand Jury, though we do not know when. He is being held, without bond and without charges, as shown on the YCDF inmate search page. With his last name, “Wolf”, in the search box, you get this:

150415 YCDF01

Then clicking either his name or the “Charges” link, you get this:

150415 YCDF02

So, Wolf has been held in jail for 20 days, without charges and no bail set. Though he initially had some communication privileges (incoming mail and phone, but no outgoing mail), those have been curtailed to no privileges, at all, unless he can continue to devise means to communicate. If the pattern holds, and he is only able to make one call to a person, who is then blocked, then it cannot be even remotely considered communication. The only thing missing is a damp, dark dungeon.

Update – April 14, 2015: Wolf has directed the documents that he was supposed to send me, and a letter, through the Defense Attorney that has been assigned to him. He has managed to circumvent the restrictions, at least to some degree. That would suggest that he still has his spirit up and is not yielding to their attempts at intimidation. However, and I agree with him, he did say, “They will not win!” More on this, later.

 

Government’s job is to govern the Government,
Not to govern the People.

Wolf Trap – The Setup

Wolf Trap – The Setup

wolftrap

Gary Hunt
Outpost of Freedom
April 14, 2015

 

On March 26, 2015, a Montana radio host, William Wolf, was arrested by the FBI (not the BATF) in violation of 18 US Code §922 (o)

(o)           (1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

(2) This subsection does not apply with respect to—

(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

The “machine gun” in question may have been legal, until modified by the FBI, as explained in the Criminal Complaint. So, let’s look at some of the information gleaned from the Complaint (underlining, mine):

During [a] meeting [September 30, 2014], Wolf expressed interest in CHS [Ed Gray] introducing Wolf to a former colleague who could possibly provide technical or monetary assistance in building the gun [this would be a flame throwing gun that had previously been mentioned].

Yes, the informant was Ed Gray. I got this information directly from Wolf, before communications were cut off — but that is another story.

On October 10, 2014, a CHS [Confidential Human Source – Ed Gray] introduced Wolf to the colleague, who in actuality was a FBI undercover employee (“UCE”).

Gray brought his agent (handler) in to meet Wolf.

At one point during [a] meeting [December 18, 2014], the UCE stated to Wolf that he would ask his contacts about acquiring a flamethrower for Wolf. Wolf immediately replied, “Try to get me a Russian automatic shotgun too.”

[In a footnote] The possession of the type of flamethrower described by Wolf to the UCE is not regulated under the laws of the United States and thus would not violate federal law to possess such a device.

According to Wolf, the offer was made and then he made the request.

The FBI acquired a firearm with the specifications desired by Wolf—i.e., a Saiga-12 fully-automatic shotgun with a shortened military grade barrel. FBI Headquarters modified a semi-automatic Saiga-12 gauge shotgun to a fully- automatic with a shortened barrel.

So, the FBI manufactured an Automatic shotgun from a Semi-automatic shotgun.

The CHS stated that in addition to the $600.00 previously arranged for by the UCE [Ed Gray], an additional $125.00 was necessary due to the conversion of the shotgun to fully automatic. Wolf agreed to the pay the extra $125.00 for the conversion.

So, now the cost, since they couldn’t come up with what the said they could, goes from $600 to $725. not really significant, except with regard to detail.

The UCE informed Wolf that his “supplier” was a Class III dealer and had converted the firearm from semi-automatic to full- automatic, to which Wolf acknowledged.

On March 26, Wolf took possession of the shotgun and,

Wolf then paid the UCE $720.00 for the firearm and took possession of it from the UCE. Wolf placed the encased firearm into his vehicle. Wolf was then taken into custody by the FBI without incident.

There is that picky detail. The bill was for $725, according to the previous agreement. The UCE only got $720. I suppose that they were so excited that they were wetting their pants because the managed to entrap Wolf, or, they just aren’t concerned with details in their reports.

The Complaint then ends with the:

CONCLUSION

Based on the information contained in this Affidavit, there is probable cause to believe that William Krisstofer Wolf knowingly possessed a machine gun, in violation 18 U.S.C. § 922(o).

First, let’s look at what they did and question the legality, and then at why they did it, and question the legality.

What They Did

As I understand it, if I wanted to purchase a machine gun and went to a gun store operated by a Class III licensee, he would hand me some paperwork for a background check and some paperwork for the Class III license. I would complete the forms and return them to him. He would then submit the forms to BATF and if the background came back clean, then the Class III license would probably also be issued.

However, if I went to the same gun store and said that I wanted to purchase a machine gun, and they said that will be $725 dollars, and if he didn’t require me to complete any paperwork, background check or Class III license application, I must assume that I am in compliance, as it is his legal responsibility to take the aforementioned steps to comply with his license. If I accepted that offer, he then took my money and handed me the machine gun, I would have satisfied every obligation placed upon me by a federal licensee.

The UCE was presented as, and did not deny, that he was a Class III licensee. So, who is the criminal party?

But, let’s assume that there is exception to 18 US Code §922 (o) (posted above). Well, there are two exceptions. The second exempts anybody who had acquired the machine gun prior to effective date of the rule.

The interesting one, however, and reading it with full regard to the punctuation (we are still a nation of laws, not of man, I presume), we can see that it says, as the first exemption (ellipsis … connotes words omitted for clarification):

(A) a transfer… by… the authority of the United States or any agency thereof…

So, if it was transferred by an agency of the United States, it is exempt, as per §922 (o) (2) (B). However, if as was represented by Ed Gray, that UCE was a Class III licensee, then it is not exempt, however, the guilty party (criminal) is not the one that relied upon the licensee, rather it is the licensee who violated the conditions of his license and the federal rules. This doesn’t even venture into who modified a semi-automatic rifle into an automatic, and whether he was properly (legally) authorized to do so.

That aside, though very significant, we can still rely upon the Complaint to determine what the focus of their efforts was — the motive for the set up and entrapment. After all, we all know that every crime has a motive. It is the government’s motive we are pursuing, for if there was a subsequent crime resulting from the government’s crime, which one is more important for us to concern ourselves with?

Why They Did It

Wolf made clear in his various meetings and radio shows what he thought of the government, which most of us already see as a bit out of hand. So, in one radio show, beginning back in November 2013, he presented his purpose,

to educate the public on how to counter action at the local, state and federal levels that were viewed as overstepping on constitutional rights… Over the next twelve months, Wolf repeatedly espoused his contempt for local judges, law enforcement, the county attorney, city and county commissioners, and the agents and agencies of the federal government.

Perhaps a bit overbroad in its inclusiveness, but not beyond the sympathies of many. He also called for:

Wolf called for a “restoration of the constitutional government.”

and

Wolf stated on multiple occasions that he considered agents of the government (local, state, or federal) to be the true enemy to the American people.

In a July 2014 radio show,

Wolf asked his program listeners “Are you willing to attempt a restoration of our constitutional government? Because that is what we are going to do.

And, in a December 18, 2014

Wolf described his plan to conduct a meeting in late January 2015 for the purpose of educating the public about “committees of safety.” Wolf viewed these committees of safety as the last peaceful method to address his grievances with the government.

So, though he referred to the historical Committees of Safety, and is seeking a peaceful solution, they seem to be offended by the function of Committees of Safety being the means of peaceful redress of grievances and the right of self-defense, and the defense of others.

Obviously, they don’t like the way the Wolf talks about dealing with the problem, and they can’t charge him with sedition, nor can the charge him with unlawful speech, so they have committed criminal acts against him in order to entrap him into committing acts which may appear criminal, though, as explained above, are not.

Habeas Corpus Suspended by the United States Supreme Court – The Sacred Writ has been Removed from the Constitution

Habeas Corpus Suspended by the United States Supreme Court
The Sacred Writ has been Removed from the Constitution

Gary Hunt
Outpost of Freedom
December 5, 2013

What is Habeas Corpus?

There is only one Right embodied in the Constitution; the remainder are found in the Bill of Rights.  For the most part, the Constitution created a government and granted it only certain powers and authorities.  So, what right is so significant as to be included within the Constitution, while the Bill of Rights was not adopted until 2 years later?

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.  [Article I, §9, cl. 2]

What?  That says “Privilege”.  Well, a “Privilege” is a right that can be suspended, under certain circumstances.  Those circumstances are only in “Cases of Rebellion or Invasion”, and, being in Article I, of the Constitution, the authority to suspend that right lies only with the Congress.

If you were old enough, or fortunate enough, to have been taught about Habeas Corpus in your early schooling, you would know that it is the “sacred writ” and that it means, “produce the body”.  Well, that doesn’t tell you a lot, though it does demonstrate that even in school, the assurance that you had a rudimentary understanding of what Habeas Corpus was a part of the educational process.

So, what is Habeas Corpus?  We can look to Black’s Law Dictionary, 5th Edition, to find what a modern definition is:

habeas corpus ad subjiciendum.  A writ directed to the person detaining another, and commanding them to produce the body of the prisoner, or person detained.  This is the most common form of habeas corpus writ, the purpose of which is to test the legality of the detention or imprisonment; not whether he is guilty or innocent. 

This is the well-known remedy in England and the United States for deliverance from illegal confinement, called by Sir William Blackstone the most celebrated writ in the English law, and the great and efficacious writ, in all manner of illegal confinement.  The “great writ of liberty”, issuing at common law out of the Courts of Chancery, King’s Bench, Common Pleas, and Exchequer.

Perhaps we can look for a more specific explanation of just what it means by “the purpose of which is to test the legality of the detention or imprisonment.”  Detention, of course, would be simply “arrest”, while imprisonment is a consequence of conviction.  This is important to understand, as we proceed.  Now, we can see what some legal scholars, in the era of the framing of the Constitution, have to say.

First, we will look at the very foundation of Habeas Corpus in the Magna Carta, from 1215 A.D., which states, in Article 39, “No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land.”

Now, as you continue to read, you will see reference to “ill nature [or] mere inattention of government“; “repels the injustice of unconstitutional laws or despotic governors”; and, that it is “the great bulwark of personal liberty.”  Understand, regardless of what you have believed, that the Framers were concerned, as they understood human nature, and provided for, not in the Bill of Rights, but, in the body of the Constitution, this single means, this right, to challenge unconstitutional laws, giving the people, themselves, the means to nullify such enactments that were contrary to the powers and authorities granted by the Constitution.

In 1768, William Blackstone, in his Commentaries, says of the writ, “A remedy the more necessary, because the oppression does not always arise from the ill-nature, but sometimes from the mere inattention of government.

In 1829, William Rawle, in his “A View of the Constitution of the United States”, tells us that it “is the great remedy of the citizen or subject against arbitrary or illegal imprisonment; it is the mode by which the judicial power speedily and effectually protects the personal liberty of every individual, and repels the injustice of unconstitutional laws or despotic governors.

Finally, in 1833, Justice Joseph Story, in his “Commentaries on the Constitution”, provides that, “At the common law there are various writs, called writs of habeas corpus.  But the particular one here spoken of is that great and celebrated writ, used in all cases of illegal confinement, known by the name of the writ of habeas corpus ad subjiciendum...  It is, therefore, justly esteemed the great bulwark of personal liberty.

There is another aspect of Habeas Corpus that is not addressed in any of the above descriptions, though, as we will learn as we continue down this road, the Supreme Court of the United States has also ruled that since there is both a federal constitution and a constitution within each state, jurisdiction is a consideration of Habeas Corpus, as well.

 

Demand for a Writ of Habeas Corpus

Habeas Corpus is two things; first, it is the demand for a writ of habeas corpus.  It is not automatic, and absent such request, there is no reason for the courts to even consider it.  Second is the issuance of a writ of habeas corpus, which, in past practice, required that the party incarcerated be brought before the court to determine if his imprisonment is legal.

So, we can look, once again, to the legal scholars, to see what they say about the demand.  However, before we do this, there is another source from which modern Habeas Corpus emanates, and we shall consider it.

In 1679, the first Habeas Corpus Act was enacted in England.  From that Act, we find:

And be it further enacted by the authority aforesaid, That if any officer or officers, his or their under-officer or under-officers, under-keeper or under-keepers, or deputy, shall neglect or refuse to make the returns aforesaid… shall for the first offence forfeit to the prisoner or party grieved the sum of one hundred pounds; (2) and for the second offence the sum of two hundred pounds, and shall and is hereby made incapable to hold or execute his said office…

So, we see that punishment for failure to respond to a writ of habeas corpus has penalties.

And, from Blackstone, we find, “it was, and is still, necessary to apply for it by motion to the court,… [that] if a probable ground be shewn, that the party is imprisoned without just cause, and therefore hath a right to be delivered, the writ of habeas corpus is then a writ of right, which may not be denied, but ought to be granted to every man that is committed, or detained in prison, or otherwise restrained, though it be by the command of the king, the privy council, or any other.”

So, the question arises, can the court not issue the Writ of Habeas Corpus, without showing cause why it should not be issued?  To answer this, we must first understand just what “suspend” means.  From Black’s Law Dictionary, Fifth Edition:

Suspend – To interrupt; to cause to cease for a time; to postpone; to stay, delay, or hinder; to discontinue temporarily…

 

Is Habeas Corpus Suspended?

Habeas Corpus, being a “writ of right”, as explained above, has a status similar to an “objection” during a trial.  Once demanded, it must be answered, prior to proceeding, as the objection will be “sustained” or “overruled” before proceeding.  Habeas Corpus, once demanded, is treated equally, in that it must be answered, prior to proceeding.  That answer can be either a refusal to grant the writ, based upon grounds expressed by the opposing party, or it must be granted and the writ issued.

It is significant, in terms of timeliness, to understand that when the writ is demanded, from 28 U.S.C. § 2243:

A court, justice or judge entertaining an application for a writ of habeas corpus shall forthwith [immediately] 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 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.

The judge or justice must respond to the demand immediately, and then the person having custody has three days, except for cause, which extends those three days up to twenty.  That is a requirement for a timely response, by the judicial branch, to a demand for habeas corpus.

So, we must begin at the beginning to understand that Habeas Corpus has been not only suspended, but has been blatantly ignored by the Judicial Branch of government, at every level; absent any lawful suspension by the Congress.

A Demand for Habeas Corpus was served on the jailers of Larry Mikiel Myers on January 27, 2012, direct to the Court.  This Demand was also mailed directly to the Sheriff, who should have forwarded it to the District Court Judge.  Mr. Myers received no response and was tried in the District Court beginning February 9, 2012.  The trial should not have commenced until the Habeas Corpus was answered.

A Demand for Habeas Corpus was prepared and sent, Certified Return Receipt, on February 10, 2012, to the District Court, the Sheriff, the 11th Circuit Court of Appeals, and, the Florida Supreme Court.  It was received by all parties on February 12, 2012.  The Sheriff and the District Court never acknowledged the service.

The 11th Circuit replied by returning the Demand for Habeas Corpus and saying that it must be filed with the District Court, and referenced FRAP (Federal Rules of Appellate Procedure) 22, which states, “Application for the Original Writ.  An application for a writ of habeas corpus must be made to the appropriate district court.  If made to a circuit judge, the application must be transferred to the appropriate district court.”  So, even though their rules state that THEY must transfer it to the District Court, They chose to pass it back to the Petitioner, avoiding dealing with their obligation to justice.

The Florida Supreme Court returned the Demand claiming that they had no jurisdiction — contrary to the record in which Wisconsin, in fulfilling its obligation to its citizens, twice, granted habeas corpus so that it could be taken to the United States Supreme Court.

So, the lower courts have failed to answer and return habeas corpus, effectively denying it, or, perhaps, since their own rules establish procedures, they “suspended” habeas corpus, arbitrarily and capriciously; and permanently.

This left only one recourse to assure that Mr. Myer could get a fair ruling on the constitutionality of the laws he was charged under.  If the Constitution still had standing in the government of the United States, original jurisdiction was forced, by inaction of the lower courts, to the United States Supreme Court — which is obligated to assure that the people of the United States have justice.

On November 26, 2012, the Petition for Habeas Corpus was submitted to the United States Supreme Court.  It was directed to Justice Antonin Scalia as the designated Justice for the Fifth Circuit, where Mr. Myers is currently incarcerated.  The Rules provide that the appropriate Justice may hear a habeas corpus, and in a review of Supreme Court decisions where the original jurisdiction (first hearing) of a habeas corpus was before that Court, it was always heard and decided by a single Justice.  However, the Clerk’s office, through seven rounds of correspondence, refused to direct it to Scalia, changed the caption from “In Re Larry Mikiel Myers” to “In Re Gary Hunt”, where the record shows that the incarcerated person is the proper name for the caption, not the “attorney of record.”

In an effort to correct these errors, on September 22, 2013, an “Emergency Petition for Writ of Mandamus” (a Mandamus is an order for an official to perform his duty)  (Exhibits to Mandamus) was served on the Court.  Receiving NO response, whatever, to that Petition, a follow up letter was sent on October 12, and no response has been forthcoming regarding the Mandamus.  It would appear as if they can’t respond to something with legal authorities, they just don’t respond.

The final effort at disposing of the original Petition by the Clerk’s office was a claim that I had no right, as a non-attorney, to file a Petition of Habeas Corpus on behalf of another party, Mr. Myers (See Mandamus and Exhibit 9 to Mandamus, linked above).  A 1990 Supreme Court decision dispelled that claim (you would think that the Clerk’s office should know what decision the Court had made in that matter), wherein the decision did allow one in my position to file on behalf of Mr. Myers.  The Petition was finally put on the Docket on June 29, 2013, to be discussed in Conference on September 3, 2013.  That Conference then DENIED the Petition.  Subsequently, a Petition for Rehearing was filed, within the requisite time frame, for a November 26, 2013 (exactly one year after the first service to that Court — so much for being timely) Conference, and this, too, was subsequently DENIED on December 2, 2013.

 

Who can Suspend Habeas Corpus?

“Under the constitution of the United States, congress is the only power which can authorize the suspension of the privilege of the writ.”

“The clause of the constitution, which authorizes the suspension of the privilege of the writ of habeas corpus, is in the 9th section of the first article.  This article is devoted to the legislative department of the United States, and has not the slightest reference to the executive department.  It begins by providing “that all legislative powers therein granted, shall be vested in a congress of the United States, which shall consist of a senate and house of representatives.”  And after prescribing the manner in which these two branches of the legislative department shall be chosen, it proceeds to enumerate specifically the legislative powers which it thereby grants [and legislative powers which it expressly prohibits]; and at the conclusion of this specification, a clause is inserted giving congress “the power to make all laws which shall be necessary and proper for carrying into execution the foregoing powers, and all other powers vested by this constitution in the government of the United States, or in any department or officer thereof.”

The above from Ex Parte Merryman, Circuit Court D, Maryland, April Term 1861, Decision by Supreme Court Justice Robert B. Taney.

Now, there may be some ambiguity in just what is meant by “suspend”, so we will refer to Black’s Law Dictionary, Fifth Edition:

To interrupt; to cause to cease for a time; to postpone; to stay, delay, or hinder; to discontinue temporarily…

However, if Congress were to suspend Habeas Corpus, it would have to be an enactment, by them, stating what the cause was, rebellion or invasion, and other matters that would advise us that they had temporarily, suspended habeas corpus, and when the “suspension’ would be concluded.  Any other denial of that right would be a blatant and unmitigated violation of the Constitution.  On the other hand, the United States Supreme Court has simply done away with Article I, Section 9, clause 2, of the Constitution — they have simply removed it from the Constitution — a blatant and unmitigated violation of the Constitution.

 

The Petition for Rehearing

Some of the arguments presented in the Petition for Rehearing include:

A court has a legal and constitutional obligation to answer and return a Writ of Habeas Corpus, when demanded.  When the District Court refuses to answer and return, the next step is the Circuit Court.  When the Circuit Court refuses, in violation of their own Rules, to send the Demand for Habeas Corpus to the District Court, and refuses to answer and return, that leaves only this Supreme Court in which a citizen may find remedy, by answer and return.

To Deny this Petition [for Rehearing] is to Deny the obligation on government created by Article I, § 9, clause 2.

To Deny to answer and return the Demand for Habeas Corpus is to Deny the Constitution, itself — and the government created thereby.

This last argument is based upon a decision by the North Carolina Supreme Court in 1787, they being cognizant of the relationship and responsibility of the government to its constitution.  The case is Bayard v. Singleton (1 N.C. 42):

But that it was clear that no act they [the legislature] could pass could by any means repeal or alter the constitution, because if they could do this, they would at the same instant of time destroy their own existence as a legislature and dissolve the government thereby established

That is the consequence of a government failing to abide by its responsibility under a constitution.

 

* * * * * * * * * * * * *

From: Supreme Court Docket 13-5008

No. 13-5008
Title:
In Re Gary Hunt, Petitioner
v.
Docketed: June 27, 2013
~~~Date~~~ ~~~~~~~Proceedings  and  Orders~~~~~~~~~~~~~~~~~~~~~
Jun 19 2013 Petition for writ of habeas corpus and motion for leave to proceed in forma pauperis filed.
Jul 3 2013 DISTRIBUTED for Conference of September 30, 2013.
Oct 7 2013 Petition DENIED.
Nov 1 2013 Petition for Rehearing filed.
Nov 12 2013 DISTRIBUTED for Conference of November 26, 2013.
Dec 2 2013 Rehearing DENIED.

 


 

~~Name~~~~~~~~~~~~~~~~~~~~~ ~~~~~~~Address~~~~~~~~~~~~~~~~~~ ~~Phone~~~
Attorneys for Petitioner:
Gary Hunt 25370 Second Avenue (530) 384-0375
Los Molinos, CA  96055
Party name:

* * * * * * * * * * * * *

So, there, you have it.  If you understand what the Supreme Court has done to remove that sacred right embodied in the Constitution, you might also realize that if this is to change, it will be to the benefit of ourselves, our Posterity, the Constitution, and the insight of the Framers who wanted to give us a form of government that would not find us resorting to our “duty”, according to the Declaration of Independence, to secure our Liberties”

Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.  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.”

I believe that, if we can muster our forces, the Supreme Court needs to be put on trial in the Court of Public Opinion.  This would require a massive effort to get the information out to as many as possible, such as:

To your Congressional Representatives, as the Court has usurped their authority.

To radio and TV talk shows.

To patriot websites.

To everybody on your mailing lists, with a request that they pass it on to all of their lists, show hosts, representatives, etc.

Let the Court of Public Opinion Convene

The People and the Constitution v. United States Supreme Court

 A PDF of this article, suitable for forwarding to contacts or representatives:

Habeas Corpus Removed from the Constitution

 

There is more to this story at Another Story Behind the Story

 

Habeas Corpus Suspended by the United States Supreme Court – Another Story Behind the Story

Habeas Corpus Suspended by the United States Supreme Court
Another Story Behind the Story

Gary Hunt
Outpost of Freedom
December 5, 2013

[Note: This is the second part of the article, “Habeas Corpus Suspended by the United States Supreme Court – The Sacred Writ has been Removed from the Constitution” and deals with the impact on the Petitioner/author, as a consequence of filing the Habeas Corpus.]

I had often wondered if the Habeas Corpus would pose a serious problem within the government if what appears, by my research, to be a means of nullifying “unconstitutional laws”.  I had been doing some research on the subject of the “sacred writ” prior to the current case.  However, it was in December of 2011 that I received a phone call from the sister of the last member of those indicted as the “Florida Common Law Court“, who was going to stand trial after over 15 years from the first trial.

At that point, my serious research on the subject of Habeas Corpus began.  The first three-page Demand (Habeas Corpus, February 2012) was rather meager, however, anticipating our “day in court”, the hearing on Habeas Corpus would allow light to be shed on what I had, at that time, discovered.

When that first Habeas Corpus was ignored by the Sheriff and District Court (assuming that the Sheriff had send it to Judge Merryday), it became apparent that the Petition, itself, would have to contain the argument that the laws that Mr. Myers was being prosecuted under did not apply to him, as all of the actions alleged were already covered by state law.

My receipts show that the Sheriff, the District Court, the Appellate Court, and the Florida Supreme Court all received their “service” on February 12, 2012.

Just a few days before, I had set up a webpage — the first time that Larry Myers’ name and mine were ever associated together on the Internet — to post the progression of the pursuit of justice under the “sacred writ”.

The next day, February 13, 2012, I found that there were at least forty hits to that webpage using the search term “Gary Hunt Larry Myers”.  I only briefly looked, as it didn’t strike me so much, at the time, what was happening, though I do recall that four of those addresses that did the search and went to that page were domain “uscourts.gov” and were from Rochester, Seattle, and San Diego (2).  The remainder of them, in that short period that I checked, were from phones and personal computers from various locations around the country.  In hindsight, I should have followed those visits through the remainder of the day, and, captured images of the “hits” on my statistics page.

At that time, I had no idea of just what this might be the beginning of, though the surprise would be forthcoming.

In November 2008, I retired, applied for, and began receiving Social Security benefits.  I had not paid income tax since 1984, so within a month of receiving my first Social Security check, I was notified that the Internal Revenue Service has taken a portion of my benefit — that should I have any questions, to contact the IRS, not the Social Security Administration.  I discussed this with my wife and she asked me not to challenge the IRS (the most feared government agency in the United States); that we could do well enough with the amount that remained.  So, I relented, and, for the next three years received the reduced “benefit”.

In Mid February 2012, an IRS agent visited me for the first time in well over a decade.  We had a conversation over the fence, with my dog looking on, and I refused a service from him.  In a letter from that agent, dated February 24, 2012, after nearly four years of not working and having no taxable income, I find that they have found that I owe them $188,489.41.  Not to be bogged down in the details, since 1985, I have dealt with various agents.  They always relented, and nothing came of any effort to collect what they might think I owed them, nor did they even attempt to garnishee my wages.  However, this attack, so timely made, was unrelenting.

I had begun checking my site visit stats a bit more regularly and I ran across this one from February 24, 2012 – a visit from the Treasury Department.

In a letter from the Social Security Administration, dated March 1, 2012, I was informed that they were increasing the benefit reduction, though they assured me that I would continue to receive the residue.  The amount was that I received was reduce to $812, but they assured me that I would continue receiving payments on the third of each month, thereafter.

In April 2012, I was again notified by the Social Security Administration that the IRS was to receive all of my Social Security Benefit, and I was to get none — after contributing to that system for 45 years.  This is also contrary to the IRS’ own rules that require that they exempt me from levy for a portion of my benefit (IRS form 1494).  Well, there goes forty-five years of contribution (full faith and credit in the government), down the tubes.

I had been involved in a few other patriot activities, during this time.  Two of them had rather interesting potential.  One was the Arizona Committee of Safety (ACOS), which was modeled on the historical example of the Revolutionary War era.  Though it was unnoticed, at first, by March 10, 2012, elements within the groups had created disturbances that became downright disruptive, eventually leading to the resignation of the Chairman.  Increasing turmoil resulted in the organization being taken over by parties who had completely lost sight of its purpose (as per the by-laws) and making it impossible for the group to remain viable.  By May, the Arizona Committee of Safety had fallen into ruin.

Another organization, the Patriot Unity Coalition (PUC), which came into existence in December 2011, was formed to discourage its members from participating in activities that disparaged other patriots or organizations, unless through a proper forum, such as the Committee of Safety – Common Law Court.  Internal turmoil, violation of the by-laws by some members, and total disruption of the PUC, resulted in its demise by April 8, 2012.  This resulted in starting over, again, with the Coalition of American Patriots (CAP).

Both of these organizations had been proceeding along constructive courses until all of a sudden, out of nowhere, disruption came on with such force that it could not be countered, resulting in both efforts being totally destroyed.

Now, it is possible that they would have followed the same course, absent any outside influence, however, if we look at the timing, and the fact that I was a principal player in each, perhaps there is more to their demise than meets the eye.

We can go one step further.  Back in 1995, Bill Cooper, a well-respected patriot, claimed that I was John Doe #4, and in Oklahoma City on April 19, 1995.  That allegation, which first found its way in fax networking, began floating around the Internet, though never to any significant degree.  From time to time, a discussion would be brought to my attention where the allegations of John Doe #4 arose.  I would join the discussion and ask the group to pick one of their members, who I would direct to a well-known patriot who was with me, in Florida that morning.  I chose this method in lieu of going public with the witness to my whereabouts, as it might have been disruptive to his business, if everybody wanted to call him to verify where I was.  So, the selected party would contact the witness, verify that he was who he claimed to be, and report back, thereby quashing one source that was perpetuating the allegation.

Frankly, that allegation problem wasn’t that serious, until sometime in March 2012, when many of my friends and contacts reported that the John Doe #4 story was proliferating on the Internet.  So, after 17 years, the time had come where I was to take the matter on, or succumb to the falsehood, which would result in a “no credibility” attachment to anything else that I wrote, or might write in the future.

Prior to the show, a Google search was done by at least three of the people I was working with.  The search “Gary Hunt John Doe 4 OKC” gave over 46,000 results.

On March 3, 2012, Randy Mack, host of “You Have Tread On Me”, aired an Internet radio show entitled “Gary Hunt Exposed as John Doe #4 at OKC“.  The show appeared to be quite effective, and a subsequent Google Search, same criteria, resulted in less than 4,000 hits — more than 40,000 hits removed from the search engines.

Now, it would be easy enough to write these occurrences off as “coincidence”, if it were just one or two.  However, in light of the timing, and the disruptive effect on my finances, reputation, and the efforts of others to come up with viable means to pursue a Restoration of Constitutional Government, that is a very hard pill to swallow.

This, then, leads to the final image from my stats.  On November 13, 2013, just one day after my Petition for Rehearing was docketed for conference, we get a visit from a DHS Fusion Center.

 

Note that in the Fusion Center (the information at the bottom comes from a government Fusion Center listing), the email address is to the local Sheriff’s Department, not a federal agency.

 

 

 

 

Habeas Corpus would stop such extension of authority over our local governments.

 

 

 

So, there, you have it.  If you understand what the Supreme Court has done to remove that sacred right embodied in the Constitution, you might also realize that if this is to change, it will be to the benefit of ourselves, our Posterity, the Constitution, and the insight of the Framers who wanted to give us a form of government that would not find us resorting to our “duty“, according to the Declaration of Independence, to secure our Liberties”

Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.  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.”

I believe that, if we can muster our forces, the Supreme Court needs to be put on trial in the Court of Public Opinion.  This would require a massive effort to get the information out to as many as possible, such as:

To your Congressional Representatives, as the Court has usurped their authority.

To radio and TV talk shows.

To patriot websites.

To everybody on your mailing lists, with a request that they pass it on to all of their lists, show hosts, representatives, etc.

Let the Court of Public Opinion Convene

The People and the Constitution v. United States Supreme Court

 

Understanding the Tenth Amendment

Understanding the Tenth Amendment

Gary Hunt
Outpost of Freedom
July 27, 2013

The Bill of Rights was ratified after the Constitution because many feared that the government created by the Constitution might overreach the limitations imposed upon it.  This is explained in the Preamble to the Bill of Rights.  Preamble means: The introductory… showing the meaning or intent.

(from http://www.archives.gov/exhibits/charters/bill_of_rights_transcript.html)

THE PREAMBLE TO THE BILL OF RIGHTS

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

   The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

Resolved by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States as amendments to the Constitution of the United States, all, or any of which articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

Articles in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

The last, of those adopted, was the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

The first four articles in the Constitution grant power and authority, or, limit power and authority, defining also some authority and limitations upon the states.  However, since the Constitution dealt in generalities, and since there were many areas of concern that were not addressed in the Constitution, the first 8 amendments were ratified as rights protected and the last two broadly provided for a retention of rights not enumerated and an assertion of authority in the absence of such enumeration.

So, let’s look at the elements of the Tenth Amendment:

The powers not delegated to the United States by the Constitution“, means what it says.  It identifies, in general terms, (primarily enumerated in Article I, Section 8, of the Constitution) those powers not specifically granted to the general (federal) government.

Then, “nor prohibited by it to the States“, addresses those grants and limitations from Article I, Sections 9 and 10.

So, now we have identified those items that, if not so identified, “are reserved to the States respectively“, though there is no provision in the Constitution that would provide for the states to assert such authority, since the 17th Amendment removed the election of Senators from the State Legislature, and made them elected directly by the people.  This removed them from any obligation to the State, as represented by its legislature, and made them simply longer termed, higher paid, representatives, thereby removing the assurance of state input in federal matters, as discussed in the Federalist Papers and the Notes of the Constitutional Convention.  That original authority (state’s ability to nullify laws, constitutional, or not) ceased to exist.  This leaves only the means that were often discussed, and once applied, of nullification by secession.  In that one application of such nullification, the cost, in money and lives, provides ample discouragement for future endeavors.

This leads us to the final phrase, “or to the people“.  Is there, within the Constitution, a provision which provides an individual (a people) the means to challenge an unconstitutional law — one without constitutional authority for its enactment, at least as applied to the people?  Surprisingly, there is one provision, Article I, Section 9, clause 2, which reads: “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

As William Rawle said (1829) of the Writ of Habeas Corpus, “it is the mode by which the judicial power speedily and effectually protects the personal liberty of every individual, and repels the injustice of unconstitutional laws or despotic governors“.

To learn more about the “sacred writ”, its history and Supreme Court decisions that prove the veracity of what Rawle said, go to Habeas Corpus – The Guardian of Liberty.

 For the current status of the Habeas Corpus before the Supreme Court, see Habeas Corpus Suspended