Posts tagged ‘jury’

Burns Chronicles No 57 – Collusion or Conspiracy?

Burns Chronicles No 57
Collusion or Conspiracy?

Gary Hunt
Outpost of Freedom
February 4, 2017

On October 27, 2016, shortly after the very just verdict of “Not Guilty” was announced in the Ammon Bundy, et al, Group 1 trial, a meeting was held in the Mark O. Hatfield Federal District Courthouse.  The 12 jurors, Judge Anna Brown, and a court reporter, attended the meeting.  It lasted about one and a half hours.

It is my understanding that such a meeting is not unusual.  However, circumstances surrounding this particular meeting are, to say the least, quite unusual, considering context.  That is exactly what we are going to do.

The first irregularity occurred when the Prosecutor moved to have the trial declared “complex”, which allowed the Court to circumvent the right to a speedy trial and to break the defendants up into two groups.  The first Group (mostly leaders) was tried in September and October 2016, and the second Group to be tried beginning in February 2017.  While the delayed trial date was agreeable, as the Defendants needed the additional time to prepare their defense, one drawback is that many of the Defendants were held in custody until the verdict was reached, in the first trial.  The latter trial date made the government’s case easier, as they had smaller groups to try, and it gave time to elicit plea bargains, thereby reducing the number who would be prosecuted at trial.

Next, during the pre-trial “paper chase”, with hundreds of motions filed, answered, and finally ruled on, there is no doubt that bias existed on the part of Judge Anna Brown.  Behind the scenes, many of us followed this legal maneuvering for months.  It seemed that even when the arguments presented by the defense were well supported, Judge Brown would still rule against the defense and in favor the Prosecution.

During the trial, there were rather strict rules imposed on the defense, especially when they sought to call additional witnesses to testify.  Judge Brown ruled that to allow that would be “repetitive”.  However, the prosecution showed a 1-minute video of approximately twenty of the occupiers firing across a canal.  The fact that the Prosecution showed that footage four times, however, was not considered “repetitive”.

Finally, and here we get to the meeting, Judge Brown called all of the participating jurors into the meeting, after dismissing the alternate jurors.  In that meeting, she explained that she would answer their questions, if they had any.  She also asks some questions, and explained that the answers would help the prosecution and the defense.  So, just how could it help the defense?  The Defense prevailed.  It could only help the Prosecution gain insight into the jurors’ minds in order to determine what they would need to overcome to obtain guilty verdicts in the Group 2 trial.

Some jurors indicated that had the charges been less serious, like simple “misdemeanor trespass”, it would have been much easier to render a guilty verdict.

Let me interrupt, for a moment, and point out that the Judge holds office under Article III (Judicial Branch of Government), and is, in essence, an impartial referee.  Her job is to “administer law in a court of justice”, “to control the proceedings”, and to make “decisions of questions of law or discretion”.  Her job is not to favor one side over the other, but rather to stand aside, interjecting only to the extent necessary to assure a fair trial.

. Continue reading ‘Burns Chronicles No 57 – Collusion or Conspiracy?’ »

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

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

Gary Hunt
Outpost of Freedom
January 29, 2017

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

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

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

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

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

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

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

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

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

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

Freedom of the Press #4 – The Order

Freedom of the Press #4
The Order

Gary Hunt
Outpost of Freedom
January 12, 2017

I got a call from FBI Special Agent Matthew Catalano, earlier today, January 11, 2017.  He told me that he had an Order to serve.  We made the same arrangements to meet at the restaurant in Los Molinos.  The restaurant only serves breakfast and lunch, so it was closed, but I figured that this wouldn’t take very long.

I arrived at about 4:15 pm, and he said that he had to serve me.  He handed me the Order, I looked at it and said, “I refuse this service, it is for the District of Oregon, and I am not within that jurisdiction.”  I held the paperwork out toward him, but he did not take it, so, I said, “I will keep this, but I want you to tell Judge Anna Brown that I refuse service, as I am not subject to the Oregon District’s jurisdiction.”  He agreed to convey the message, and then he proceeded to read certain portions of the Order to me.  When he was finished, I reminded him that I wanted Brown to receive my message, and he assured me that he would pass it on.  I feel certain that he will.  After all, that is his job.  We shook hands, and we departed.

Though I had already received two copies of the Order from other sources, I hadn’t read it.  The news traveled so rapidly that my phone was in near constant use.  However, between calls, I read portions of the Order.  As I did so, a smile crept across my face.  Now, you may wonder why I would smile after receiving the Order, but my first thought was that Judge Brown had not had an opportunity to read my article, that had gone out just a few hours before.  The Order had been docketed, and I received copies just minutes after posting my article.  Judge Brown had not had the opportunity to read my response to the Memorandum that had refuted most, if not all, of what she was provided by the US Attorney in the form of the Memorandum to prepare the Order.

Quite frankly, when Brown filed the Minute Order (See Freedom of the Press Update – A Grateful Thank You), there were two possibilities.  First, that she really was holding the government’s feet to the fire, seeking real legal justification for issuing an Order.  The other, that she simply wanted the government to give her the paperwork she needed, in the form of a Memorandum, to provide justification to issue such an Order.  I decided to act on the former.  I had said many things about Anna Brown in the past, few of them complimentary, but if she had turned to the right side, she was deserving of the benefit of the doubt.  Her actions, in the past, had been nigh onto dictatorial, and had no foundation in law or justice.

So, let’s look at her Order, and I will comment, as we go.  It is dated January 11, 2017.

This matter comes before the Court on the government’s Motion (#1680) to Enforce Protective Order in which the government seeks to enjoin a third party, Gary Hunt, from further dissemination of discovery materials that are protected by the Court’s Protective Order (#342) issued March 24, 2016.

Through the Affidavits (#1681, #1690) of FBI Special Agent Ronnie Walker, the government asserts Hunt published excerpts from protected discovery materials on his website beginning on November 15, 2016, and continuing through the present. In particular, the government contends the postings on Hunt’s website identify some of the confidential human sources (CHSs) that the government used during the occupation of the Malheur National Wildlife Refuge. This information is not only protected by the Protective Order (#342), but the Court also found in its Order (#1453) issued October 18, 2016, that the government had provided to Defendants all information regarding CHSs that was relevant and helpful to the defense and, in particular, that the government was not obligated to disclose to Defendants the identities of the CHSs. Thus, the information in Hunt’s postings should not be publicly available.

Well, that is cute.  Have I not said, from the beginning, that I was not subject to the Protective Order?  Now, she says that the “information is protected by the Protective Order.”  That means that those subject to the Protective Order have an obligation to protect the information.  She is right in line with my thinking.  But, that will change a little later.

Then, she finds that “the government had provided to Defendants all information regarding CHSs that was relevant and helpful to the defense.”  That information was relayed to the defense on October 18, about ten days before the jury returned the not guilty verdict.  She also stated, “that the government was not obligated to disclose to Defendants the identities of the CHSs.”

So, let’s get real.  The government gave out redacted copies of the 1023 forms.  The defense could not call any witnesses who had been informants.  Obviously the information the government, and Judge Anna Brown, were willing to allow the defense to have was totally insufficient for them to prepare their defenses, especially with regard to possible exculpatory testimony those informants might have provided.  The Judge, well let’s just go with Brown, from this point on, disregarded the fact that two of the government’s informants testified.  Terri Linnell came forward voluntarily, against the wishes of the Prosecution, and testified for the defense. A diligent effort by the defense teams in tracking down Fabio Monoggio, another informant, whose testimony also was beneficial to the defense.  Both gave testimony, which may well have turned the tide on the jury’s verdict.  This testimony would have been denied the defense under the enforcement of the Protective Order and the subsequent statement on October 18.

This is absolutely contrary to the right protected by the Sixth Amendment to the Constitution, which says that the accused has the right, “to be confronted by the witnesses against him“.  Now, some have claimed that informants, unless they testify, are not witness.  However, that is not what the Protective Order (March 24, 2016) says.  That Protective Order clearly states what the prohibitions are, to wit:

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

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

(2) Sealed documents; and

(3) Evidence received from searches of electronic media.

Now, there are only two human objects in the Protective Order.  It applies to “witnesses” and “defendants”.  Well, I am not exposing defendants, so if the informants are not witnesses, then I am not in violation of the Protective Order.  Ergo, the informants are witnesses, so saith Brown.

Therefore, Brown has denied the constitutionally protected right of the defendants to confront those witnesses.

The record reflects FBI Special Agent Matthew Catalano met Hunt, who resides in Los Molinos, California, on January 5, 2017, and personally served him with a cease-and-desist letter from the government that demanded Hunt remove all discovery materials from his website. Special Agent Catalano also provided Hunt with a copy of this Court’s Protective Order (#342). According to SA Walker, Hunt stated he did not intend to comply with the cease- and-desist letter and did not believe that the Protective Order applied to him. It appears Hunt has not removed the protected discovery materials from his website.

. Continue reading ‘Freedom of the Press #4 – The Order’ »

Burns Chronicles No 50 – Informants – What to do About Them #2

Burns Chronicles No 50
Informants – What to do About Them #2

Mark McConnell
Merry Christmas, Mark

Gary Hunt
Outpost of Freedom
December 25, 2016
Merry Christmas, Mark McConnell

The matter of informants, and the government’s efforts to protect the names of those who have snuck into our midst is a denial of justice and to some degree, the Sixth Amendment right “to be confronted with the witnesses against him.”

Now, we can look at what the government wants us to believe. We can also look at what common sense dictates that the Framers of the Constitution meant. Just because a person doesn’t take the stand in court, when that person has provided information to the government, upon which the government builds its case, he has witnessed against the accused. The defendants, then, had every right to confront that “witness”, as he is privy to what he saw, what he heard, and what he said to the government. He is as much a part of the case against the defendant as the person who takes the stand, takes an oath, and testifies. Quite often, he is the justification for a search or arrest warrant to be issued, or a criminal indictment to be brought, before the court.

However, when that ‘witness’ is hidden from the defendant, the defendant is denied information that may aid him in a proper and fair defense. In some cases, their testimony might provide exculpatory evidence, testimony that might prove his innocence, that would undermine the contrived case made by the government.

With the recent trial of Ammon Bundy, et al, we can begin to put together a picture of the injustice and the dishonesty of the government’s pretext for hiding such “witnesses.”

We will begin with a partial trial transcript of the trial on October 17, 2016:

THE COURT:

I would like to start first with Ms. Harris’s motion with respect to the identity of a witness. [Some of] the defendants have subpoenaed, it’s Docket No. 1443, And it is really a subset of the larger issue raised both by Ryan Bundy in previous filings and by Ammon Bundy in his motion to compel 1423. Before, I received Ms. Harris’ filing, which I only received this morning about 7:00 a.m. it showed up in my system, I had emailed to the parties my preliminary conclusions having reviewed, in camera, the unredacted reports related to the so-called CHSs confidential human sources, 15 different individuals, 112 reports, and I conveyed in that email to the parties that I have compared the redacted to the nonredacted reports and according to the applicable standard, did not find any basis to disclose the identity of those 15 confidential human sources. I observed to the parties that as I compared the redactions from the unredacted material, I really didn’t find any substantive significance. The redactions primarily looked to me as necessary to protect the identity of the informant, and so with respect to that general review, I conveyed to the parties my intention was to deny the motion generally.

Then came in Ms. Harris’s motion on behalf of Ms. Cox with respect to a very particular one of those 15 confidential human sources, identified in her motion as number two, as to whom I have the redacted and unredacted materials. That was one person’s records I went through.

The motion indicates that the defendants have found the actual CH#2 who was known to the — who went by an alias, according to this motion, of John Killman. K-I-L-L-M-A-N. And so the motion goes on to argue why it’s relevant, first of all, for the defendants to call this person whose alias is John Killman and to introduce evidence from his personal knowledge of observations he made at the refuge.

And I presume defendants already know his true name in that they — Ms. Harris tells me in this filing that he’s been subpoenaed in his, is physically present, and needs to testify first thing because of other issues in his life.

We can see that the identification of the informants is a primary concern of Judge Anna Brown. Next to speak is one of the Government attorneys.

. Continue reading ‘Burns Chronicles No 50 – Informants – What to do About Them #2’ »

Burns Chronicles No 46 – Words from the Poor Losers #2

Burns Chronicles No 46
Words from the Poor Losers #2

Gary Hunt
Outpost of Freedom
December 13, 2016

Shortly after the verdict in the first Oregon Conspiracy trial, I wrote Words from the Poor Losers.  It was based upon statements made by government ‘officials’ who were upset over the verdicts of not guilty on all but one count one of the defendants.

That article laid out the government’s response to the verdict from the United States Attorney’s Office, Oregon Governor Kate Brown, Harney County Sheriff Dave Ward, and the U.S. Fish & Wildlife Service.

On December 6, 2016, Defendant Jason Patrick filed “DEFENDANT’S MOTION TO DISMISS SUPERSEDING INDICTMENT: PROSECUTORIAL MISCONDUCT – PREJUDICIAL EXTRAJUDICIAL STATEMENTS” and his “MEMORANDUM IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS SUPERSEDING INDICTMENT“.  On the same day, Jason also filed another motion and memorandum, though the government has yet to respond.  That second motion, then, will be addressed when the government decides to answer it.

Rather surprisingly, as far as the first motion, the government filed their “GOVERNMENT’S RESPONSE TO DEFENDANTS’ MOTION TO DISMISS SUPERSEDING INDICTMENT” just six days later, on December 12.

So, first, let’s look at what Jason said in his motion.  He “moves the Court for an Order dismissing the Superseding Indictment herein by and for the grounds that the United States Government by and through The United States Attorney, and other Executive Agencies have made public statements disparaging the jury’s acquittal of the first seven defendants tried herein while a second trial of the remaining defendants was pending.”

In his Memorandum, he cites:

United States Attorney for the District of Oregon, Billy J. Williams, October 27, 2016:
“While we had hoped for a different outcome, we respect the verdict of the jury and thank them for their dedicated service during this long and difficult trial.”

The suggestion of “hope” seems to go beyond the pursuit of justice.  If there was to be “hope”, it should be that the outcome of the trial would serve justice, not their hopes or desires.  Then, they condescend with their “respect” and thanks.

Greg Bretzing, Special Agent in Charge of the FBI in Oregon, October 27, 2016.
“We believe now – as we did then – that protecting and defending this nation through rigorous obedience to the U.S. Constitution is our most important responsibility.  Although we are extremely disappointed in the verdict, we respect the court and the role of the jury in the American judicial system.”

If “rigorous obedience” to the Constitution is what Bretzing means, then should he respect the verdict of the jury as being a “rigorous obedience” to that Constitution?  If so, why should he be “disappointed in the verdict”?  Shouldn’t he be pleased that justice has been served?

Tweet from U.S. Secretary of the Interior Sally Jewell, October 28, 2016.
Respect the court, but deeply disappointed in Malheur verdicts.  Safety of employees remains the top priority.  S J.

Now, Sally Jewell doesn’t seem to respect the jury, only the “court”.  And we have seen just how that Court, under the rule of Judge Anna Brown, has done all within her power to obstruct the defense while favoring the prosecution.  It seems that there is no respect for the jury, because it would be difficult to respect someone who had “disappointed” you.

So, we see that the federal officials who have voiced their displeasure seem to view the entire judicial process as a personal vendetta against those they choose to prosecute.  It is no longer a matter of justice, because the vindictiveness of those officials shows through like a sore thumb, or, rather, a poor loser.

. Continue reading ‘Burns Chronicles No 46 – Words from the Poor Losers #2’ »

Burns Chronicles No 45 – Mark McConnell #2

Burns Chronicles No 45
Mark McConnell #2

mm-on-border-2016-2

Gary Hunt
Outpost of Freedom
November 30, 2016

I have obtained some additional information on Mark McConnell that will be of interest to all.  After my last article, “Mark McConnell“, it seems that McConnell kept saying that the information was readily available.  He never really addressed whether he was an informant, or not.  He simply sidestepped the issue of the role he played.

So, let’s separate the issues between what he said and whether he was an informant.  To do so, we simply look to the Court record and see what transpired, on two separate occasions, during the trial of the United States of America v. Ammon Bundy, et al.  The verdict was not guilty on all but one count.

From the rough draft transcripts of the trial, September 21, 2016.  Mr. Gabriel is one of the prosecuting attorneys.  Beckert is an Oregon State Police officer.  Mr. Mumford was Ammon Bundy’s attorney.  Yu will not that the government prosecuting attorney intentionally outed McConnell as a government informant.  I will leave the reader to speculate as to why they would do this.

GABRIEL: Your Honor, Jeremiah Beckert from the Oregon State Police. He will testify to the stop of the Jeep that Ammon Bundy and Mark McConnell and Brian Cavalier were traveling in.

* * *

Mr. Gabriel: So I want to direct your attention to the evening of January 26th of this year, 2016.

A.  Okay.

Q.  Were you a part of a traffic stop on a brown Jeep?

A.  Yes, I was.

. Continue reading ‘Burns Chronicles No 45 – Mark McConnell #2’ »

Burns Chronicles No 42 – Fabio Minoggio (John Killman)

Burns Chronicles No 42
Fabio Minoggio (John Killman)

facebook-head-shot

Gary Hunt
Outpost of Freedom
November 20, 2016

“John Killman”

For the sake of this article, I will use the name that those at the Malheur National Wildlife Refuge (MNWR) knew him by, John Killman.  However, his real name is Fabio Minoggio, from Switzerland, and currently living in Las Vegas, Nevada, or northwestern Arizona.

There is little information in his Fabio Minoggio Facebook page, though it appears that he was born in Pallanza, Italy.  He claims to still live in Locarno, Switzerland.  He may have been born January 1, 1971, as implied by a date shown on the John Killman Facebook page.

At this point, we only have what he said to the defense attorneys, when asked why he went to the refuge.  He told them, “I am in this because of my love of gun safety,” according to the lawyers’ notes.  He also said he didn’t want to miss a “moment in history.*” This claim doesn’t bear fruit, since, while on the witness stand, in response to a question about expenses, he said “I was going into harm’s way, so I had to buy ballistic vests”.  From whom did he sense a threat?

The Prosecution has refused to identify him as an informant.  The judge then told the FBI that if he lied on the stand, they had an obligation to point out any such lies.

Whether he contacted the FBI and volunteered, or was contacted by the FBI, we may never know.  I have tried calling Minoggio, but he “is not accepting calls at this time”, in a recorded message at the number that was initially used to contact him to testify.

How he was found and subpoenaed to testify is another interesting aspect of this story.  After Jeff Banta testified about a guy with a French accent had come to the Refuge and started training people in various military activity, such as team combat, team movements as a group, evacuating friendlies from a car, hand-to-hand combat, and firearms safety.  He had that French accent and was sort of an anomaly, compared to the others who had come to the Refuge.

This began raising questions.  The government, in discovery, had provided 129 “CHS Reporting Document” reports, constituting 230 pages, though they were so heavily redacted that there was no way to identify, without a bit of sleuthing, just who the informant making the reports were.  However, among those who had met “Killman”, someone had obtained his phone number.

At this point, Neil Wampler’s attorney, Lisa Maxfield and Shawna Cox’s standby attorney, Tiffany Harris, began pursuing an intensive search for the illusive John Killman.  A reverse look-up of the phone number showed the phone registered to Fabio Minoggio.  Once others confirmed that Minoggio’s Facebook picture (above) was Killman, it was a matter of finding him and getting him on the stand, having no idea what his testimony might be.  It was a long shot, but having ferreted out an informant just might be sufficient to persuade the jury that things were not just as the Prosecution had claimed.

What made the effort worthwhile is the fact that the Prosecution had already shown a short video Burns-Pieter_video_2016-01-24–16-31-39.mp4 at least four times, during their presentation to the jury.  That video, though only 29 seconds long, was, in the eyes of the jury, suggestive of the violent intent of the occupiers.  If the video could be considered in the proper light, perhaps that would be a major point of consideration by the jury.

. Continue reading ‘Burns Chronicles No 42 – Fabio Minoggio (John Killman)’ »

Burns Chronicles No 39 – Informants – What to do About Them

Burns Chronicles #39
Informants – What to do About Them

3-spy

Gary Hunt
Outpost of Freedom
November 6, 2016

Recently, I watched a video of an interview with Terri Linnell that was couched into an in-studio, live “exposé”, purporting to prove that what Linnell had said was an “obvious lie”.  This whole program was based primarily on my article, “Burns Chronicles No 32 – Terri Linnell (Mama Bear)“, and the host’s subsequent interview with Terri.

In the comment section of that video, I disputed a couple of items that were alleged to be truthful, one, in particular, dealing with the time element, and when people might have known when LaVoy had been murdered.  After all, this set everything into motion, this past January 26.

However, their estimate of when people outside could have known what had happened came out to 10:00 PM. Heck, I knew by 7:00 PM, and as I recall, it was one of my team members that had called me (in Burns) from another state to tell me what had happened.  Subsequently, one of the guests has admitted that they had no idea of what time the information would have gotten out — they were just guessing based upon when they found out about the murder.

I had intended to go back to YouTube and review/comment on the remainder of the 2 hour 25 minute video, since I had commented on perhaps only the first twenty minutes that I have watched.  Since I had been working on another article, I postponed that subsequent review.

Then I found myself tagged in a subsequent discussion on Facebook, I was invited to be interviewed because of my disagreement with the host.  I accepted, however.  I included the provision that my interview had to be done that day.  First, the video was damaging by its untruthfulness, and such lies should be outed in a timely manner.  Second, I didn’t want to wait the “3 or 4 days” for the host to conduct the interview.  I have better things to do than wait around for someone to try to figure what questions he needs to ask to try to cover his blatant misrepresentations.  Heck, the interview would have been about the video he had created, so if anyone needed to prepare, it would have been me.  However, he turned it back on me for not being willing to abide by his schedule.  So be it.  I have broad shoulders and take full responsibility for not doing the interview.

Now, why do I bring this up?  Well, since I posted the article, which I had agreed not to post until Terri testified in the Portland trial, many alleged patriots have attacked her, verbally.  Some understood and appreciate what she had done, but when she left the courtroom, she was stunned and could find no one who would talk with her, nor could she find a place to stay.  It was that treatment of Terri that caused me to put pen to paper, in hopes of providing another perspective on how we should treat informants.

So, let’s look at the three informants that testified during the trial.  First, we have Mark McConnell, though he still denies, or at least sidesteps, his role.  He was outed, intentionally, and quite surprisingly, by the government in their direct examination of an Oregon State Police officer.  It was later reconfirmed by the Court that he was, in fact, an informant.  Mark professes to be a patriot, and he probably is —along the lines of OathKeepers, where the Constitution is what they are told by their superiors, and is patriotism to the government, not to the country or the Constitution.  Mark is one informant that all true patriots should, at least, distance themselves from.

. Continue reading ‘Burns Chronicles No 39 – Informants – What to do About Them’ »

Burns Chronicles No 37 – Intent v. Effect

Burns Chronicles No 37
Intent v. Effect

intent-v-effect-composite

Gary Hunt
Outpost of Freedom
October 30, 2016

There has been no substantial interview regarding the deliberations that resulted in 12 Not Guilty Verdicts, and One Verdict where the jury could not get consensus.  However, we do have a bit of information that is probably the most critical single piece with regard to understanding just what happened that led to those verdicts.

Juror #4, the juror that brought Judge Brown the indication of bias by Juror #11, has stated that the government failed to show that the occupiers had the intention to impede the government employees.  That the failure of the employees to report to the Refuge may have been an effect of the occupation.  Since the Jury Instructions required the government to prove “intent”, the jury had to find them Not Guilty, at least with regard to Counts One and Two.  In a written statement, Juror #4 said, “All 12 agreed that impeding existed, even if as an effect of the occupation.”  The difference between “effect” and “intent”, then, becomes the foundation for this article.

However, first, a bit of an explanation.  I seldom bring politics into any of my articles, however, to put this situation in a proper context, I think it is necessary to do so, now.  Whether what I am going to bring to your attention had anything to do with their verdict, or not, is yet to be known.  If it was not considered, then the irony of the comparison still should be of interest to all.

Addressing those matters that were brought to our attention, this past Friday, regarding Hillary Clinton’s email server and the possibility that criminal pedophiliac material may have gone through that server.  That material could possibly be emails from former Representative Anthony Weiner (New York (D)), through his wife, Muslimah Huma Abedin*, through Hillary’s rather suspicious email server, to an underage girl.

* Huma AbedinFormer deputy chief of staff to U.S. Secretary of State Hillary Clinton, and still a prominent figure in Hillary’s campaign for President.

If that were the case, then suspicion of such activity would warrant, as in all pedophile investigations, the seizure of phones, computers, photographs, records, and almost anything that might prove to be evidence of criminal activity.

At present, there is no public knowledge of the suggested connection, FBI Director James Brien “Jim” Comey, Jr., has advised Congress that the Clinton email scandal investigation has been reopened.  Rather ironically, this information comes out the day after the Verdict of Not Guilty in the Ammon Bundy trial.

However, this email scandal had its roots back on July 5, 2016, when Comey stated that, “[W]e did not find clear evidence that Secretary Clinton, or her colleagues, intended to violate laws governing the handling of classified information…” (video).  In his almost unprecedented statement, he recommended that the Justice Department not prosecute, because of the absence of intent.

However, it appears that the Jury in the Bundy trial had more sense than either Comey or Billy J. Williams, United States Attorney for the Oregon District.  Comey chose not to prosecute and Williams, probably based on the recommendation of Greg Bretzing, FBI SAIC, chose to prosecute.  All three ignored what even a blind man could see.

. Continue reading ‘Burns Chronicles No 37 – Intent v. Effect’ »

Burns Chronicles No 36 – Words from the Poor Losers

Burns Chronicles No 36
Words from the Poor Losers

crying-emoticon

Gary Hunt
Outpost of Freedom
October 29, 2016

Quite often, while writing an article, my heart is heavy over the actions of government that is suppressing the rights that are our birthright, as posterity of the Founding Fathers.  However, as I sit at my keyboard, today, it is with a sense of pleasant surprise and extreme joy that so many felt, yesterday, when the verdict was announced in the Ammon Bundy, et al, trial.

The pleasant surprise comes because for the first time in over twenty years of watching Patriots stand trial for pretend crimes, the jury came back with a verdict that was not what the government wanted.

In a recent article, “The Bundy Affair – #16 – The Legal Shotgun“, I explained how there is a tendency for juries to find defendants guilty of something, especially when many charges, or counts, are a part of the prosecution.  This seems to be based upon the infallibility of government.  If they say that someone did something wrong, then we, the jury, must find them guilty of doing something wrong.

The jury found that though the government tried, desperately, to prove “intent”, they saw an “effect” in the matter of government employees failing to go to work during the occupation.  Interestingly, as explained in another article, “Burns Chronicles No 30 – Officer?   What Officer?“, the law that was cited in the Indictment applied only to “officers”, not “employees”.  So, the jury being denied that information, what the law really is, still found no cause of intent, on the part of the defendants, to have kept any employee from doing their duty.

Before we move on to extreme joy, we will lay a foundation for a better understanding of what led to the exultation.  And, it is mostly predicated upon the various government bureaucrats’ reaction to the verdict.

. Continue reading ‘Burns Chronicles No 36 – Words from the Poor Losers’ »