Posts tagged ‘public’

Freedom of the Press #17 – Is This Legal?

Freedom of the Press #17
Is This Legal?

Pamala R. Holsinger, (OregonLive)

Gary Hunt
Outpost of Freedom
May 25, 2017

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

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

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

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

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

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

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

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

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

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

Freedom of the Press #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’ »

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

Freedom of the Press #5
“Tilting at Windmills”

 

Gary Hunt
Outpost of Freedom
January 31, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

Burns Chronicles No 54 – To Jury, or, Not To Jury

Burns Chronicles No 54
To Jury, or, Not To Jury

Gary Hunt
Outpost of Freedom
January 23, 2017

Though I have posted the Preamble to the Bill of Rights a number of times, people still ask if there really is a Preamble to the Bill of Rights.  A preamble sets forth the purpose of the document, as the Preamble to the Constitution sets forth its purpose.  It is not a part of the document, rather an explanation as to why the document was created.  When Congress approved, and sent the Bill of Rights to the States, as required by Article V of the Constitution, the first paragraph explained why the Joint Resolution was passed.  It states, “declaratory and restrictive clauses should be added” for the purpose of “extending the ground of public confidence in the Government.”  To wit:

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.

So, now, we must determine if, in fact, it has extended “the ground of public confidence in the Government“, in light of the current situation.  Our query must be directed to the Sixth Amendment:

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

We must also look to the Seventh Amendment:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

So, between these two Amendments, we find that every judicial concept in the Constitution, with the exception of the House and Senate’s disciplinary procedures regarding their own members, requires a jury to make the determination of guilt or innocence.

The matter at hand is the additional charges brought against the lower level defendants in the occupation of the Malheur National Wildlife Refuge.  Since the government did not get a conviction of the leaders of said occupation, they have stooped to a new low, perhaps just being poor losers.  They have brought a Misdemeanor Information, for Trespass and other crimes, against the second group of defendants.  These charges were not a part of the Superseding Indictment.

. Continue reading ‘Burns Chronicles No 54 – To Jury, or, Not To Jury’ »

Freedom of the Press #3 – “Contemptuous Postings”

Freedom of the Press #3
“Contemptuous Postings”

Gary Hunt
Outpost of Freedom
January 11, 2017.

Well, even though there were many interruptions, I was working on a response to SA Ronnie Walker’s first Affidavit.  Then, on January 9, 2017, Judge Brown, in a Minute Order (See “Freedom of the Press Update – A Grateful Thank You“), told the US Attorney that what they had filed with the Court was insufficient, and they had to go back and “do over”, to justify what they were asking the Court to do.

I will assume that they were up late, as they did make the deadline of providing a Memorandum, supported by an Affidavit, in Response to Judge Brown’s Order.  So, let’s look into the minds of these well-paid defenders of justice (just kidding).  We will deal with the Memorandum, though it will refer to, in one instance, the Affidavit.  There is no need to address the Affidavit.  It is simply a review of recent events with regard to this matter, but does provides a smidgen of hearsay supported by another smidgen of hearsay.  When one is desperate, one digs deep.

Now to the Memorandum; I will include all pertinent text, I will underline and address the more significant parts..

The United States of America, by Billy J. Williams, United States Attorney for the District of Oregon, and through Ethan D. Knight, Geoffrey A. Barrow, Craig J. Gabriel, and Pamala R. Holsinger, Assistant United States Attorneys, hereby submits this supplemental memorandum in support of the Government’s Motion to Enforce Protective Order.

On January 6, 2017, the government filed a Motion to Enforce Protective Order seeking an order from this Court enjoining third party Gary Hunt from further dissemination of discovery materials subject to this Court’s March 4, 2016, Protective Order. The Motion was supported by the Affidavit of FBI Special Agent Ronnie Walker.  On January 9, 2017, this Court directed the government to file a supplemental memorandum addressing the following issues:

Well, I suppose they could be, at once, be paying attention and not paying attention.  The Cease and Desist letter stated, “dissemination and publication of any excerpts of that material“.

To which I responded in “Freedom of the Press #2 – Cease and Desist“, when I wrote, “Holsinger has added a new twist by separating ‘dissemination’ from ‘publication of any excerpts’ with an ‘and’, making them separate and distinct elements.  However, the Order only addresses dissemination.”

So, we are back to dissemination.  Readers will recall that I have consistently stated that I was “excerpting, not disseminating“.  Of course, I first drew that distinction back on October 15, 2016, in “Burns Chronicles No 40 – Allen Varner (Wolf)“.  So, are there two elements, each different from the other, as in the Letter, or, only one element, as in the Protective Order?  Again, we must look at the letter of the law, and not what some government attorney wants it to be, at any given moment.

This is what Judge Brown has ordered the US Attorney to address.

1. The Court’s authority to enjoin the actions of a third party under the existing terms of the Protective Order and without advanced notice to the third party and an opportunity for that third party to be heard;

2. The Court’s jurisdiction to compel an individual who is not present within the district of Oregon to respond to the government’s arguments raised in the 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.

Now, these three items were deficient in this latest attempt to intimidate me into acquiescing to their unlawful demands.  Thankfully, Judge Brown saw through their charade and held their feet to the fire.

Now, let’s be clear that I don’t disagree with the title of this next section.  I think that it is easily understood that any Court has the authority to enforce its own lawful orders.  As an example, Mexico has the right to enforce its own lawful orders, within its own jurisdiction.  Come to think of it, so does California.  Even the Ninth Circuit Court can enforce its own awful orders, within its jurisdiction.  Now, the Ninth Circuit, coincidentally, includes both Oregon and California.  However, the Oregon District, while fully able to enforce its lawful orders within its own jurisdiction, it is not able to enforce in another jurisdiction, such as Mexico, or California.

Let’s see what the legal eagles in Portland have to say.

. Continue reading ‘Freedom of the Press #3 – “Contemptuous Postings”’ »

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)

The Bundy Affair – #19 – Schuyler Barbeau Responds to Ryan Payne

The Bundy Affair – #19
Schuyler Barbeau Responds to Ryan Payne

Schuyler Barbeau

Gary Hunt
Outpost of Freedom
November 30, 2016

Schuyler Barbeau receives copies of my articles, via mail, while detained at SeaTac Federal Detention Center. After reading “Ryan Payne Explains Some of the Circumstances Surrounding the Bundy Affair in April 2014“, Schuyler sent me the following to post, in response to that article.

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

11/14/2016
FDC SeaTac

This is an open letter,

To those Patriots, their families, anyone affected by or involved with the indictment against Cliven Bundy and eighteen others, the Government, FBI, Federal Prosecutors, and anyone else concerned with the case,

This letter is my concurrence with an open letter written and published by Ryan Payne.

I, Schuyler P. Barbeau, was present before, during and after the “standoff” event that took place in Bunkerville, NV, near Cliven Bundy’s Ranch on April 12th, 2014.  I arrived at noon on Friday the 11th, and was invited to be a member of the Personal Security Detail that evening.  I then remained a member of the PSD [Personal Security Detail] for seven days.

Ryan Payne made five statements in his letter, that he made speculative, inaccurate, and/or fabricated statements before, during, and after the “standoff.”

“1) There were outcomes that I discussed with Mr. Bundy on the morning of April 8, 2014, upon first meeting him, which were desirable to him and his family.  These were then disseminated through conventional and alternative media outlets, in the belief that those who may decide to protest against the Sheriff’s apparent lack of involvement, and/or against the brutal and militarized actions of the Bureau of Land Management (BLM).  This would give them more information to aid in making decisions for themselves and their actions.  There was never a plan to accomplish these objectives, in any way, shape, or form, nor was there any intent to support any such plan, by myself, the Bundy’s, or anyone else.  As there was presumed to be a large protest on April 12th, I discussed with numerous individuals, some particular things to be watch­ful for amongst the crowd, for the safety of all involved including law enforcement and federal employees.  However, none of these discussions concerned a plan to achieve any objectives.  This is true to my knowledge.”

. Continue reading ‘The Bundy Affair – #19 – Schuyler Barbeau Responds to Ryan Payne’ »

Burns Chronicles No 25 – Juror Shopping & Secrecy

Burns Chronicles No 25
Juror Shopping & Secrecy

blind justice 01 rev

Gary Hunt
Outpost of Freedom
August 22, 2016

The government may have given the Grand Jury sufficient information to properly find “probable cause”.  It is also possible that they may have simply convinced the Grand Jury to find “probable cause” based upon explaining to them that they had given them enough information for them to indict the 26 people charged in the final (third) Grand Jury Superseding Indictment.  We will be looking at the Indictment, Case Law, the Grand Jury selection process, and the information provided to the Grand Jury.

. Continue reading ‘Burns Chronicles No 25 – Juror Shopping & Secrecy’ »

The Bundy Affair #14 – “public trial” v. Star Chamber

The Bundy Affair – #14
public trial” v. Star Chamber

star chamber 01

Gary Hunt
Outpost of Freedom
August 11, 2016

Recently, the Las Vegas Review Journal petitioned the Court to allow access to certain evidence that would be used against the Defendants.  They even asserted that they would have no problem if names were omitted from the documents.  This was filed in response to the government’s Proposed Protective Order, a request that the Court seal and keep from the public some of the discovery materials, certain evidentiary documents, and exhibits that could be used in the trial against the Defendants.  Quite simply, it is all of the evidence acquired by the government in their pursuit of the persecution of 19 people that were involved in the Bundy Ranch Affair, nearly two years before the matter was indicted by a Grand Jury.  The Court has yet to rule on the matter.

Before we proceed, the discovery material would show what the government did, what they acquired, what their practices are, and whether they had subversive agents embedded within the group that afforded protection to the Bundy Ranch in April 2014.

As you follow along in pursuit of the government’s position, and the legal precedence, some of it even distorted perversions regarding the original intent of the Founders, also keep in mind that, historically, spies and entrapment were used against enemies, and spies against foreign governments, but never sent within the population that was supposed to be protected by that government.  For, to do so essentially, makes the people an enemy of the government, or, rather, the government the enemy of the people.

So, let’s look at what the Supreme Court has said, with regard to the Sixth Amendment.

In 1979, the United States Supreme Court, in Gannett Co. v. DePasquale, 443 US 368, addressed whether the press and public could be denied access to the court and evidence in a pre-trial hearing.  Although the decision was based solely (and rightfully) on a pre-trial hearing, the decision of the Court ventured further into the entire concept of the intent and purpose of a “public trial”, as guaranteed by the Sixth Amendment:

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

The Petitioner, Gannett Co., is a publisher and among others, published USA Today.  Greathouse and Jones were defendants in a state prosecution for second-degree murder, robbery, and grand larceny.  They requested that the public and the press be excluded from the hearing, arguing that the unabated buildup of adverse publicity had jeopardized their ability to receive a fair trial.  The trial judge granted the motion.  The following are excerpts from that decision:

Petitioner [Gannett] then moved to have the closure order set aside but the trial judge, after a hearing, refused to vacate the order or grant petitioner immediate access to the transcript, ruling that the interest of the press and the public was outweighed by the defendants’ right to a fair trial.

The New York Court of Appeals… [held] the exclusion of the press and the public from the pretrial proceeding.

The Constitution does not give petitioner [Gannett] an affirmative right of access to the pretrial proceeding, all the participants in the litigation having agreed that it should be closed to protect the fair-trial rights of the defendants.

Publicity concerning pretrial suppression hearings poses special risks of unfairness because it may influence public opinion against a defendant and inform potential jurors of inculpatory information wholly inadmissible at the actual trial.

The Sixth Amendment’s guarantee of a public trial is for the benefit of the defendant alone.  The Constitution nowhere mentions any right of access to a criminal trial on the part of the public.  While there is a strong societal interest in public trials, nevertheless members of the public do not have an enforceable right to a public trial that can be asserted independently of the parties in the litigation.  The adversary system of criminal justice is premised upon the proposition that the public interest is fully protected by the participants in the litigation. Continue reading ‘The Bundy Affair #14 – “public trial” v. Star Chamber’ »

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”’ »