Posts tagged ‘press’

Freedom of the Press #7 – “Judicial Discretion” and Tyranny

Freedom of the Press #7
“Judicial Discretion” and Tyranny

Gary Hunt
Outpost of Freedom
February 20, 2017

Let’s review this whole situation from the beginning.  After all, it has taken a month and a half to get to this point, so perhaps a refresher is in order.

On January 5, 2017, I was hand served a “Cease and Desist Letter” by an FBI agent.  Since the service was disclosed on Facebook, I wrote a “Statement with regard to  the Freedom of the Press“, on January 6.  That was followed with a series entitled “Freedom of the Press“, beginning on January 7 entitled Freedom of the Press #1 – Meeting with the FBI.  The following day, January 8, I explained the Cease and Desist Letter with Freedom of the Press #2 – Cease and Desist.

These events were preceded by a number of articles that I had written in the “Burns Chronicles” series.  In those articles, I exposed FBI informants associated with the occupation of the Malheur National Wildlife Refuge outside of Burns, Oregon.  The information used to identify and expose the informants was derived from some Discovery documents I had obtained.

The original Protective Order, dated March 24, 2016, lays out the restrictions placed upon certain described individuals.  Those prohibited from “disseminating” information contained in the Discovery are described in that Protective Order:

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

(1) The defendants in this case;

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

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

Upon my indicating to the FBI agent that hand-delivered the Cease and Desist Letter, that it was not applicable to me, the government filed a Motion to Enforce Protective Order (Expedited Consideration Requested), dated January 6, 2017.  That Motion states:

Pamala R. Holsinger, Assistant United States Attorneys, hereby moves this Court for an order enforcing the Protective Order against a third party illegally in possession of protected sensitive discovery materials in this case.

Now, the wording of the Protective Order says nothing about a third party, nor does it say anything about the possession of the material is illegal.  If it were illegal, it would be against the law.  However, you can only be in violation of a Protective Order if you are among those to which the Order applies.

The government makes a rather interesting statement in that Motion, “This Court has jurisdiction to enjoin a non-party from disseminating confidential documents produced in reliance upon and subject to this Court’s Protective Order.”  However, they cite a Second Circuit Court decision, Eli Lilly & Co. v. Gottstein, 617 F.3d 186, which I addressed in a subsequent article.  It does not corroborate their claim, to the contrary, it supports the limited jurisdiction that I had already stated exists.

The Motion is supported by an Affidavit, of the same date.  That Affidavit refers to some of my articles.  In so doing, they have entered those articles, which would include the entire series, into the Court’s record.  Those specifically mentioned were from “Burns Chronicles”, to include #40, #41, and #49.  Also quoted is my statement regarding the “prohibited material” taken from #40.  That statement serves as prima facie evidence of my intent.  But, the government is insistent upon twisting the truth, in order to create a wholly different characterization of my actions.  This would allow them to charge culpability on my part.

Let’s get to the heart of the matter. To do so, I will be referring to FBI documents that I have obtained. They are marked, at the bottom left comer, “Dissemination Limited by Court Order”. So, let me make this perfectly clear- I have no intention of “disseminating” the documents, nor am I bound by any “Court Order”. I am writing about a Public Trial, which was held in September and October 2016

I had been working on a response to that Affidavit and its erroneous presumptions, though I never completed it (maybe I will, when time allows), when the government came back with a Supplemental Memorandum in Support of Motion to Enforce Protective Order, dated January 10, 2017.  That Motion has a rather interesting statement made when they refer to the Affidavit filed in support of the Motion.  It states:

In a Facebook post regarding the FBI’s February 5, 2017, visit to Gary Hunt to serve the cease and desist letter, a person asks “who is Gary Hunt?” On defendant Duane Ehmer’s Facebook account a response is posted, “He is working with our lawyers.”

The Ronnie Walker Affidavit in Support of that Motion, also filed on January 10, 2017, states:

On January 6, 2017, another individual posted a question on that same page asking “Who is Gary Hunt?” That same day, the message “He is working with our lawyers” was posted in reply from defendant Duane EHMER’s Facebook account. Sarah Redd-Buck and Duane EHMER’s Facebook accounts are not private and can be viewed by anyone accessing Facebook.

So, the Motion states, “He is working with our Lawyers” is a response to the question, “Who is Gary Hunt?”

On the other hand, the Affidavit states “a question on that same page asking, “Who is Gary Hunt?”.  Then states, “He is working with our lawyers” were posted in reply from defendant Duane EHMER’s Facebook account.”

Now, there is a subtle difference between the two, however, the Affidavit is more accurate than the statement made on the Motion.  Perhaps we should go to the source and see what was really said (this image is taken from the Affidavit):

Well, son of a gun, the question was actually asked a full 17 minutes after it was answered.  Who would believe that the FBI (Ronnie Walker) and the US Shyster (See Freedom of the Press #6 – “Tilting at Windmills” – Redux) would attempt to mislead the Judge?  This sequence begs a question, just to whom is Ehmer referring to by “He”?

. Continue reading ‘Freedom of the Press #7 – “Judicial Discretion” and Tyranny’ »

The Bundy Affair #20 – The Invisible Witness

The Bundy Affair #20
The Invisible Witness

Gary Hunt
Outpost of Freedom
February 2, 2017

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

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

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

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

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

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

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

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

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

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

Freedom of the Press #5
“Tilting at Windmills”

 

Gary Hunt
Outpost of Freedom
January 31, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

Freedom of the Press – Update – A Grateful Thank You

Freedom of the Press – Update
A Grateful Thank You

Gary Hunt
Outpost of Freedom
January 9, 2017

Judge Anna Brown, in Portland, Oregon, has made a decision regarding the Justice Department’s efforts to shut down my writings. Before I give you what she has said, I want to thank you all for the incredible outpouring of support for what I have been doing. I have no doubt that Judge Brown has issued the following order realizing that the government, in Ammon Bundy, et al., has overstepped their bounds and has to, now, eat a little of that pie called humble.

The Minute Order filed, today, January 9, 2017, reads as follows:

Order by Judge Anna J. Brown. The Court has reviewed the governments Motion to Enforce Protective Order and directs the government to file no later than Noon on Tuesday, 1/10/17 a supplemental memorandum that addresses the following issues: (1) The Courts authority to enjoin the actions of a third party under the existing terms of the Protective Order  and without advance notice to the third party and an opportunity for that third party to be heard; (2) the Courts jurisdiction to compel an individual who is not present within the District of Oregon to respond to the government’s arguments raised in this Motion via an order to show cause or other form of order; and (3) whether the Court should amend the existing Protective Order in any respect to address the issues raised in the government’s Motion.”

Briefly, the Court required the government to prove that I, Gary Hunt, come under the authority of the Court’s Protective Order regarding the Discovery material. Next, Judge Brown requires the government to prove that the Portland Distract Court has jurisdictional authority over someone not within that jurisdictional district. I am in California, the situs (def: the place to which, for purposes of legal jurisdiction or taxation, a property belongs.) of the alleged crime. Third, if the Court does decide to amend the Protective Order, they will have created an “ex post facto Order [law]”, which is prohibited by the Constitution. And, finally, she has given them until tomorrow, sort of like the 24 hours they gave me, to provide a memorandum justifying their efforts to add me to the list of those persecuted by the government in the Malheur National Wildlife Refuge event.

Again, thanks to the thousands of patriots who joined this battle. Also, special thanks to Maxine Bernstein at the Oregonian/Oregon Live, for her article laying out the position of the government and as well, mine. I have no doubt that her article and the subsequent Associated Press articles on the subject were a major factor in the Judge’s reinforcement of the principles that we are still a nation of laws, to which the government, also, is bound.

With gratitude to all,

Gary Hunt
Outpost of Freedom
(Press, publishing in a blog format)

Freedom of the Press #1 – Meeting with the FBI

Freedom of the Press #1
Meeting with the FBI

Gary Hunt
Outpost of Freedom
January 7, 2017

On the morning of January 5, 2017, I received a phone call from Special Agent Matthew Catalano, out of the Chico, California, FBI Office. I recognized the name from my research. It appears that he has been assigned to do Internet investigations on Gary Hunt. His research included articles in Mainstream Media that mentioned my name, and my own articles. However, I do know that he has been reading the “Burns Chronicles” series, as most of the earlier ones are in evidence in the Ammon Bundy, et al, trial discovery.

Back to the phone call. He told me that he had a letter from Portland that he wanted to deliver to me. He asked if I was going to be in Chico, which is about 25 miles away, and I seldom go there. I told him no. He then offered to meet me at the local Sheriff’s Office. That is about 15 miles from me, so I said that I would be glad to meet him in a restaurant, here in Los Molinos. That was agreed to. I then asked him if he had a warrant. He said that there was no warrant, only the letter. We then arranged the meeting, and he then informed that he was bringing a fellow agent along with him.

As arranged, we met at the restaurant just before noon. We sat in the front booth, my back toward the window and daylight in their faces.  There was an older man in the booth immediately behind them, and once he heard the words “F B I”, he turned towards us and listened, intently. Apparently, FBI presence in Los Molinos (population about 1200 and rural) is not quite an everyday occurrence.

After introductions, they ordered coffee and me, iced tea. Then, he handed me the Letter. I asked the agent what statute that bound me to the Cease and Desist portion of the letter. He answered that he didn’t know. When I asked him what he thought of the verdict in the Portland Group One trial, he answered that he was surprised by it and by the election results (Presidential). I had the distinct impression that he was pleased with the election results. We discussed the Roviaro decision (See “Informants – What to do About Them #2“) and I wondered, aloud, why the government chose to intentionally out Mark McConnell when Oregon State Police (OSP) Officer Beckert testified. He seemed somewhat surprised that the government outed McConnell, so it appeared that he had not followed the trial.

I told him that no informants had received any serious threats, though McConnell, and his girlfriend, Shannon Vita, had displayed weapons when they went to a restaurant where Jon and some friends were eating. (See “Informant Mark McConnell Receives Surprise Christmas Gift From Activist Jon Ritzheimer“)

I explained to Catalano that for over twenty years, I have always had respect for the FBI, as they have always been courteous and respectful (I know that many will disagree with this), with the exception of the Hostage Rescue Team (HRT). I explained to him about how the HRT overrode the regular negotiators in Waco, resulting in the deaths of over 80 people. He said that he was only 4-years old at that time, making him about 31 years old, now.

. Continue reading ‘Freedom of the Press #1 – Meeting with the FBI’ »

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

Statement by Gary Hunt, Outpost of Freedom, with regard to the government attempting to silence the Freedom of the Press

Gary Hunt,
Outpost of Freedom
January 6, 2017

Rumor has it that I was visited by the FBI, yesterday, January 5, 2017. That rumor is true It was not an investigation or an interview. Instead, it was to hand me a letter from the Portland, Oregon, United States Attorney’s Office, signed by Pamela R. Holsinger, Chief, Criminal Division, on behalf of Billy J. Williams. That letter was a Cease and Desist letter.

Today, I told the FBI messenger that I had no intention of complying; that I wanted to look into my legal rights. A few hours later, I was informed by two sources that the government has filed An affidavit, and request  for a court order, and a proposed order wherein they order me to remove my articles with discovery information in them, and refrain from publishing any more discovery information.

This is fast becoming a matter of the First Amendment right of the people to know what their government is doing. This same subject went before the United States Supreme Court, in 1971. That case was “New York Times Co. V. United States 403 U.S. 713”, wherein the Court, in defending the public right to know, stated:

“Our Government was launched in 1789 with the adoption of the Constitution. The Bill of Rights, including the First Amendment, followed in 1791. Now, for the first time in the 182 years since the founding of the Republic, the federal courts are asked to hold that the First Amendment does not mean what it says, but rather means that the Government can halt the publication of current news of vital importance to the people of this country.”

The New York Times prevailed and the government could not restrain the Times from publishing the Pentagon Papers. The matter before us, now, is equally, or more important in that the right of the people to know how the government operates in their private lives, with “spies” reporting everything that they can about what you do, with no criminal intent, to the government.

This is what the KGB did in the Soviet Union. It is what the Stasi did in East Germany. Neither country exists, now, as the police state was not compatible with people used to kings and emperors. It is absolutely unacceptable in a country of free and liberty loving people.

If exposing government spies that spy on the people is criminal, then I confess to that crime. If, however, We, the People, have a right to know what our government is doing, then the Court on Oregon is criminal.

The following documents are the letter and the three filings in the Ammon Bundy, et al, case in Oregon.

Cease and Desist Letter

Motion to Enforce Protective Order – (Expedited Consideration Requested)

Affidavit of FBI Special Agent Ronnie Walker in Support of Motion to Enforce Protective Order

[Proposed] Order Enforcing Protective Order

 

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’ »

The Bundy Affair – #13 – “Gold Butte Impound”

The Bundy Affair – #13
“Gold Butte Impound”

Gold Butte Impound Camp

Gary Hunt
Outpost of Freedom
May 10, 2016

We are all aware of the events that occurred two years ago, resulting in the recent arrest of 19 people, based upon the government’s allegation of events.  However, what we know is based upon Mainstream Media (MSM), as well as observations by various patriots, of those events.  What we have yet to see is what the government’s side of the story is, at least from the planning of the operation.

The picture, above, is the Bureau of Land Management (BLM) planner/artist conception of what the BLM base camp would look like.  It is taken from the cover of the Twenty Page “Gold Butte Impound – Incident Action Plan- April 5, 2014” (Plan).

The Plan was implemented on April 5, just one week before American patriots “unrustled” the cattle that had been rustled by the BLM, according to their Plan.  What is even more interesting is the amount of resources the government opted to commit, in order to steal the Bundy cattle.

In the past, a dozen men could handle and drive a herd of cattle to the railhead, many hundreds of miles away.  Now, if it were rustlers, attempting to steal cattle (yes, steal cattle, in violation of state laws (see “Violence Begets Non-Violence”), could probably handle the task with half a dozen to a dozen men.  However, the Plan eloquently demonstrates the inefficiency of government.  They have allotted 26 office personnel, 21 contractors, and 195 agents to rustle a few hundred cattle.  That’s right, about 242 people, primarily from BLM and National Park Service, who were tasked with this project.  Just imagine what the cost of the operation might be, if they had sold the cattle, they probably could not be able cover the cost of more than a couple of days of the operation.  But, then, who has ever expected the government to be efficient?

Continue reading ‘The Bundy Affair – #13 – “Gold Butte Impound”’ »

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?’ »

Burns Chronicles No 4 – Stand Up; Stand Down

Burns Chronicles No 4
Stand Up; Stand Down

LaVoy and Ammon

Gary Hunt
Outpost of Freedom
February 7, 2016

On the morning of January 26, 2016, I traveled to the Harney County Resource Center (HCRC), formerly known as the Malheur National Wildlife Refuge, from Burns. I had arranged to get the necessary information for some articles I intended to write.

When lunchtime came, I went to the mess hall. The Sharp Family had just begun with one of their songs, and I saw Ammon Bundy sitting with others at a corner table. I walked up and asked if I could sit at that table, and Ammon, graciously said, “Yes, please sit down.”

I had spoken with Ammon a number of times, in the months prior, though we had never met. As I introduced myself, I realized that he had been looking forward to our meeting, as I had.

We discussed the stories I intended to write, and he was fully supportive of the story lines, especially the one that would be about the people of Burns and their reactions to certain events, both in and out of town.

Before I left, the Sharps began another song. I had heard audio tapes of their singing during the Bundy Affair, but they didn’t compare to the live performance I heard that day.

After lunch, I located Ryan Payne. We had spent over a week together in November finishing a PowerPoint Presentation for Committees of Safety (CoS). This presentation had been used to explain the concept of CoS to some of the residents of Harney County. They then formed their own Harney County Committee of Safety.

I gave Ryan an inscribed copy of a biography of Robert E. Lee, which now still sits where he placed it. I had also forgotten to bring long johns, and needed some bottoms. Ryan went to the storeroom and retrieved a pair, explaining that they were from the delivery made through III Percent Patriots, just a few weeks before.

Both Ammon and Ryan had expressed their interest in the upcoming meeting at John Day, Grant County, and another meeting with Grant County Sheriff Glenn Palmer. Little did we know, then, what was soon to come.

I returned to my room in Burns and began writing. About an hour later, I received a phone call that reported that there had been a shooting and that LaVoy Finicum and Ryan (later to learn it was Ryan Bundy, not Ryan Payne) had been shot. About 15 minutes later, after some confirmation of the shooting, I headed back down to the HCRC. Realizing that most of the leadership at the HCRC was traveling to Grant County, and recognizing that it was imperative that some additional forces might be necessary to retain the public lands open to the public, I picked up my role of Public Relations for OMD. We had previously discussed and approved a call out to bolster the efforts at the HCRC. We felt there was time to prepare a call out, but suddenly, that call out became imperative.

I contacted my team (not a part of OMD, rather some wonderful, unpaid, people that assist me in research, audio/video editing, and other mundane tasks) and began dictating a call out, as I drove the thirty-three miles to the HCRC. Though not properly proofread, it was prepared and the remaining requirement was to get affirmation from those at the HCRC — that they wanted their forces supplemented.

Upon my arrival, I found a number of team leaders and other higher-level members discussing the shooting, the determination to hold their ground, and a refusal to accept orders from outside. It seems that a lot of people calling the individuals tried to talk them into abandoning their mission. I asked if they wanted a call out, and to a man, they said, “Yes”. So, I instructed my team to spread that dictated call out around the Internet. It was sent out at 7:56 PM PST, January 26, 2016:

From Gary Hunt, Outpost of Freedom in Burns, Oregon.
Attention all Oathkeepers, Idaho Three Percenters, Pacific Patriots Network, especially Brandon Curtis, Joe Rice, Eric Parker, and Stewart Rhodes.

This is a call-out to the membership of Operational Mutual Defense (OMD) and friends.

You have an obligation to proceed to the Harney County Resource Center (the wildlife refuge), immediately, in order to protect the patriots still there. If you fail to arrive, you will demonstrate by your own actions that your previous statements to defend life, liberty, and property were false.

To members of Operation Mutual Defense, this is an emergency. The purpose of Operation Mutual Defense is to respond to overbearing actions by the federal government that has become threatening to life, liberty, or property. Lavoy Finicum has been murdered by the FBI, and Ryan Payne [Bundy] has been shot.

They were en route to a meeting where had been invited by the Grant County sheriff to address the citizens in Grant County, a peaceful mission.

The time for all good men to come to the aid of their country has come — to the Harvey County Resource Center, which is 30 miles south of Burns, Oregon.

Stand by your oath. God Bless America.

You will note that it was directed at certain organizations present in Burns since January 2, or earlier. Though we didn’t know what the government’s next step would be, time was of the essence. There were a number of members of those organizations just 30 miles away, and they were absolutely necessary if the HCRC was to be held. They were present in order to discourage a “Waco type” raid, according to all of their public statements.

In my haste to get to the HCRC, I had failed to take my computer. I had mail lists that went to upwards of 800 people, and getting the call out to them was imperative. The “hot spot” at the refuge was no longer active, but efforts were being made to get it reestablished, so I opted to return to Burns to get my computer. When I returned to HCRC, I learned that women and children, as well as many of the men, especially from those organizations, had left. However, there was hope that they would soon be replaced by some of those who had been staying in town.

I had stopped at the bridge on Sodhouse Lane (the road to the HCRC) where a front-end loader had been placed on the bridge to prohibit traffic. Jason Patrick was there, as was a wonderful “young” lady named Barbara Berg. I found that the hotspot had not been restored, so I decided to wait in the press area (west of the bridge) and assist Jason in coordinating interviews with the various press. This task ended up going until about 7:45 the morning of the 27th.

Shortly before, a press crew had come in and said that a roadblock had been set up on SR 205, the direct route to Burns and the last of the available roads out from the area. They had been told that once you go out, you could not return.

At about 7:45, a lady from ABC called the press together and explained that she had received a call from the FBI. They had told her that there were “armed forces” on each side of us, and that the FBI could not provide for anyone’s safety, unless they left the area.

About that time, a friend called and said that she had been told that I would be assassinated when I left. I knew that the government did not like my writing, but I shrugged off the warning. However, that message remained in my mind and created a bit of apprehension.

I had intended to go to the Narrows (restaurant, store, and campground) about six miles west and cover what I could from there. Instead, I decided that I might be better off returning to Burns, though I was still a bit anxious about the message. I determined to place discretion ahead of valor, and return to Burns.

I asked one of the press members who I had spoken with, before, if I could leave with him so that there was someone present if the rumor were true. He said that he could not ethically do so, but informed me that he would be leaving shortly.

Most of the press proceeded to the Narrows, where he and I also went. When he was ready to leave, I pulled out behind him. At the stop sign, he remained conspicuously longer than necessary, so I pulled around him as he nodded at me.

As I approached the checkpoint, I saw that the woman in front of me had gotten out of her car, held up her hands, and walked toward the motioning agent. I was behind her about 50 feet, where the first stop was implemented. I removed my bulky jacket, not wanting to appear to have any place in which to hide weapons.

Finally, her car was driven forward by an agent, and I was motioned to the next stop. I arrived with head and hands out the window, except to the extent that I had to steer the truck. I then exited, walked across the road, then forward, hands raised, to the awaiting agent. I was patted down, asked my name, did I have weapons, and showed identification. He asked if I was press, I told him yes, he asked for my press credentials, I told him they were on the dashboard of my truck. Another agent verified that they were there.

Then, on to what was referred to as “Clearance #1”, where I was again questioned. By then, I was shivering; perhaps both from cold and apprehension, and the agent asked if I wanted a coat out of the truck. I affirmed, and as the agent drove my truck by, I was able to retrieve both coat and hat.

My truck, again, left me, and I was escorted up to “Clearance #2”, where I stood and talked with the agent. He was from the mid-west, and I asked him where he was staying. He said he had just arrived and immediately went on duty.

Finally, he received a report that I had passed clearance at #2, and I was allowed to go to my truck and drive up to “Clearance #3”.

At #3, I found that the agent was from “up north”, and had not stayed in Burns. So, it appears that they were deployed from their home bases directly to duty. This would explain why there were so few battle dressed agents staying in Burns or at the airport.

While waiting for my final clearance, the reporter behind me was passed through, drove around me and up the road. About 600 feet up, he stopped, and both he and his partner got out and took pictures, showing that I was still alive at Clearance #3, and the last of the checkpoints.

However, his passing me was a cause for apprehension. This was heightened when the next vehicle behind him was cleared and drove by me. I had been at #3 for almost twenty minutes, when I was finally cleared when he repeated what had been transmitted through his radio, “White hat is cleared”, and allowed to continue on toward Burns. A total of fifty minutes, filled with rising anxiety, and finally relief.

I had agreed to an interview with a reporter, in exchange for lunch, but first, I had to attend a press conference at eleven o’clock. After the press conference, we did the interview, and I returned to my room and a mountain of phone calls. After returning the calls, I was finally able to, after 34 hours, lie down and get some sleep.

When I awoke, I found that nobody had shown up at the HCRC to bolster the force, and even worse, that more had left. Concerned that many might be driving toward Burns, and not sure how long the few remaining there (down from the 8 or 9 that had been there at last report), I realized that circumstances, as they were, could not be improved by additional people arriving, with no place to report to, and the final door being shut. That 12-hour window when people could easily enter the area was closed. So a stand down was in order. I sent out the following at 9:21 PM PST January 27, 2016.

From Gary Hunt, Outpost of Freedom
In Burns, Oregon

Based on existing circumstance, support is too late, and would be dangerous, or at least result in your arrest if you attempted to get into the Refuge.

As I left the Refuge, this morning, troops were still arriving, according to those I talked with were arriving from various points as far east as Iowa, and further north. They appeared to have been staged at their home bases until they deployed directly to their field assignments. My estimate of perimeter troop strength would be 200-300, and one of these that I spoke with explained that he was “external perimeter”; they had even developed a protective perimeter concept, so that there were two lines that had to be overcome to gain entry.

At this point any effort to provide support for those inside by joining them would serve no useful purpose, and would be a fool’s errand.

OMD is currently working with others to establish a foundation upon which to build, so that the work begun in freeing public lands can be completed.