Freedom of the Press #3
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.