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Burns Chronicles No 23 – Terrorism Enhanced Penalties v. Due Process

Burns Chronicles No 23
Terrorism Enhanced Penalties v. Due Process

kangaroo court2

Gary Hunt
Outpost of Freedom
August 10, 2016

So far, ten of those charged in United States v. Ammon Bundy, et al, have pled guilty, and the eleventh is soon to follow. They are, as follows:

  • Jason Blomgren (Joker J), pleaded guilty to a federal conspiracy charge.
  • Brian Cavalier (Booda), pleaded guilty to a federal conspiracy charge and a charge of possessing firearms or dangerous weapons in a federal facility.
  • Blaine Cooper, pleaded guilty to a federal conspiracy charge.
  • Travis Cox, pleaded guilty to a federal conspiracy charge.
  • Eric Flores, pleaded guilty to a federal conspiracy charge.
  • Wesley Kjar, pleaded guilty to a federal conspiracy
  • Corey Lequieu, pleaded guilty to a federal conspiracy charge.
  • Joseph O’Shaughnessy, pleaded guilty to a federal conspiracy
  • Ryan Payne, pleaded guilty to a federal conspiracy charge.
  • Geoffrey Stanek, pleaded guilty to a federal conspiracy charge.
  • Jon Ritzheimer, scheduled to plea

So, why are they pleading? Is it because they really think that they are guilty?

Most, if not all, of those above have been “intimidated” or “threatened“, by federal prosecutors, either directly, or through their appointed counsel, that a Terrorism Enhancement could result in a sentence of 30 years, possibly for each count.

For a little background, over twenty years ago, I reported on a trial (see below) that I would eventually learn to be one where the Federal Sentencing Guidelines had brought into our judicial system something that was very foreign to the system of justice, as implemented by the Founders. Perhaps it would be beneficial to begin with an understanding of the judicial system that was intended, based upon many centuries of evolution in the British Common Law.

The English Constitution, even before the Magna Carta (1215 AD), began evolving in 1080 AD, and was also the beginning of a legal evolutionary process that sometimes went backwards, but most often went forward, in an effort to provide justice rather than blind obedience to laws. It was the English Common Law that was the foundation of jurisprudence for the Founders.

This foundation is evidenced even in current statutes, such as Florida Statutes (2015), where we find:

2.01 Common law and certain statutes declared in force.—The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the Constitution and laws of the United States and the acts of the Legislature of this state.

We can also look to the Maryland Constitution (2008), which provides, in its Declaration of Rights:

Art. 5. (a)
(1) That the Inhabitants of Maryland are entitled to the Common Law of England, and the trial by Jury, according to the course of that Law, and to the benefit of such of the English statutes as existed on the Fourth day of July, seventeen hundred and seventy-six; and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and practiced by the Courts of Law or Equity…

In the same Declaration of Rights, we also find:

Art. 23. In the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, except that the Court may pass upon the sufficiency of the evidence to sustain a conviction.

Now, the Maryland Constitution predates the United States Constitution, as it was first ratified by the People on November 11, 1776 – over a decade before the Constitution. Clearly, the understanding (original intent) of the Maryland Constitution and the United States Constitution were predicated upon those laws that then existed, and definition, or intent, of the words used, were as they were understood at the time. Absent a lawful change of definition, those definitions and intentions are still the body of the law and should be recognized as such.

Also true of the Common Law, at that time, and remember, the intention is still the same, is that a jury determines law and fact. However, there is one more aspect that comes into play. The jury also imposed the sentence, as they were the judge of facts, those which determined the severity of the crime; the law, what was intended and the extent applicable to the case at hand; and, by combining the two, would determine the sentence to be imposed, if the accused were found to be guilty.

. Continue reading ‘Burns Chronicles No 23 – Terrorism Enhanced Penalties v. Due Process’ »

The Harassment of the Hammonds – Act III – Finale – a long train of abuses and usurpation

The Harassment of the Hammonds
Act III – Finale – “a long train of abuses and usurpations…”

a long train of abuses

Gary Hunt
Outpost of Freedom
August 3, 2016

Upon examination of the government’s trail of paperwork spanning a period of nearly two decades , between the Hammonds and the US Fish and Wildlife Service (FWS) at the Malheur National Wildlife Refuge (MNWR), it is apparent that they were being persecuted by the federal government for simply insisting upon exercising their historical right to trail cattle. This began long before the controlled burn in 2002 and the backfire in 2006 that resulted in them being sentenced to five years in federal prison.

What is plainly “a long train of abuses” has been well documented by the documents obtained by those who made copies of public records (not classified) that were found at the headquarters of the Malheur National Wildlife Refuge. Though there were many more incidents, this review of the paper trail of correspondence between the Hammonds and the FWS , as well as other intergovernmental records, clearly demonstrates that abuse. This provides us a bit of transparency to the federal government’s treatment of those who had every right to their historical usage of those public lands.

On October 26, Dwight Hammond notified Fish and Wildlife Services (FWS) at MNWR, some 30 miles south of Burns, Oregon, and explained that historically, he did not have to notify anyone to “trail” his cattle (for you city folk, this means herding cattle along a route from one point to another). FWS attempted to impose a requirement that they be notified as to the number of cattle, the route, the time, and the date of such movements. The new policy also disallowed grazing off of the trail while the cattle were being moved, held Dwight to a schedule by FWS, and demanded that he obtain a permit from them for each move.

During March of 1987, Dwight traveled to Portland, taking maps and explaining to higher-level bureaucrats the problems with the implementation of this new “policy” that was contrary to his historical rights. Subsequently, Dwight wondered whether anyone at FWS even paid attention to anything he had to say. Revealingly, one bureaucrat admitted that the government acknowledged his right to trail cattle through the MNWR over the historic route, yet, he still insisted that Dwight trail his cattle as quickly as possible so as not to damage the rehabilitation of vegetation along Bridge Creek.

Accusations that Dwight had been “verbally abusive” against MNWR personnel cropped up the following month, particularly revolving around the issue of the government fencing, resulting in limiting access to certain areas, including water. Over the course of the subsequent months, right into 1988, internal MNWR memos revealed that some of the bureaucrats realized they contributed to the “soured personal relationships,” which created a climate of “serious mutual distrust.” Flip-flopping on whether the Hammonds enjoyed a right or privilege to trail their cattle, constructing a boundary fence that impeded such trailing, which admittedly increased costs, were but just two elements that exacerbated an already tense relationship between the Hammond ranchers and the MNWR personnel. The long and short of it is that the MNWR bureaucrats unilaterally imposed their interpretation of the “regulations” upon the Hammonds with little warning, and then acted as if the Hammonds were being “uncooperative” for simply insisting that they abide by the previous agreement for conducting operations.

In 1994, the Hammonds received a letter from the MNWR manager stating that a “special use permit” will not be reissued to the Hammonds because their lack of “compliance” with Refuge “regulations” over the past several years, despite the fact that there had been a six year hiatus once MNWR personnel had realized they had overstepped their bounds. Dwight appeals the manager’s decision, arguing that there was a failure to provide full disclosure of the circumstances leading to the denial of not only the permit, but also all FOIA requests. Two months later in April, a higher-level bureaucrat denies Dwight’s appeal on the grounds that he made threats against MNWR personnel. A flurry of notices and appeals are sent out for the remainder of the year, going all the way up to the Department of the Interior; parallel to all of this, a federal Circuit Court awarded the Hammonds right to the use of the Bird Waterhole.

Unknown criminal charges against the Hammonds were proposed by the MNWR manager to be dropped by an Assistant United States Attorney for events that occurred on August 3, 1994 provided that the Hammonds not sue FWS and that they agree to notify MNWR personnel when they intended to trail their cattle, which they still, inexplicably, need a special use permit for. Obviously, the precedent of Revised Statute 2477 recognizes the historic right of the Hammonds to trail their cattle; this is further bolster by the Ash, Wetzel, and Miller Affidavit.

Whether it be the subsequent removal of culverts, or hauling gravel from a pit, this history of the Hammond’s relationship with the federal government is indicative of the notorious failure of a system that allows such broad discretion to bureaucrats. The MNWR and FWS administrative agencies tried to convert a right of the Hammonds to trail their cattle into a privilege, and when both the legal research and court decisions supported the Hammonds’ position, the bureaucrats scurried like frightened rats in their attempt to demonize the law-abiding ranchers.

The story of the Hammonds prior to the fires reveals the federal administrative agencies use of “lawfare”* to restrict and infringe historic rights involving public lands. Although some might insist that the Hammonds could have avoided their current fate by selling the ranch and “getting out of Dodge,” would this really be the American tradition that made this once great nation — to just pull up stakes at the slightest difficulty? It should come as no surprise, now, that Dwight and Steven Hammond’s status as political prisoners is indicative of what might easily befall many other Americans, should they fail to force the government back to its constitutional limitations.

* The use of laws to conduct a form of warfare against the rights of individuals.

FINISH

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

REFERENCE

THE SERIES

  1. The Harassment of the Hammonds – Act I (Decade of the Eighties), Scene 1: Introduction
  2. The Harassment of the Hammonds – Act I (Decade of the Eighties), Scene 2: October 24, 1986 – March 20, 1987
  3. The Harassment of the Hammonds – Act I (Decade of the Eighties), Scene 3: April 2, 1987 – April 15, 1987
  4. The Harassment of the Hammonds – Act I (Decade of the Eighties), Scene 4: May 6, 1987 – April 22, 1988
  5. The Harassment of the Hammonds – Act I (Decade of the Eighties), Scene 5: May 2, 1988 – May 9, 1988
  6. The Harassment of the Hammonds – Act II (Decade of the Nineties), Scene 1: Feb. 18, 1994 – June 9, 1994
  7. The Harassment of the Hammonds – Act II (Decade of the Nineties), Scene 2: June 28, 1994 – January 22, 1997
  8. The Harassment of the Hammonds – Act II (Decade of the Nineties), Scene 3: February 28, 1997 – May 21, 1997
  9. The Harassment of the Hammonds – Act II (Decade of the Nineties), Scene 4: May 22, 1997
  10. The Harassment of the Hammonds – Act II (Decade of the Nineties), Scene 5: June 30, 1997 – Aug. 4, 1997
  11. The Harassment of the Hammonds – Act II (Decade of the Nineties), Scene 6: Feb. 26, 1998 – Jan. 12, 2004

Montana Malfeasance – Jesse Newsom Sentenced and in Prison

Montana Malfeasance
Jesse Newsom Sentenced and in Prison

No FirearmsGary Hunt

Outpost of Freedom
July 19, 2016

I had not heard from Jesse Newsom since our phone conversation, shortly before his arrest, back on July 10, 2015. However, to keep informed, I am on the FBI mail list, and received an FBI Press Email on July 25, 2015, with the following notice:

JESSE WADE NEWSOM, a 28-year-old resident of Cascade, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, NEWSOM faces 10 years in prison, $250,000 in fines and three years’ supervised release. The case was investigated by the Federal Bureau of Investigation.

Since that time, none of the contacts I had that knew or were in touch with Jesse had any idea what had happened to him.

I had been checking PACER to see if I could follow the story, when I found the following minute entry:

07/31/2015 – Terminate Deadlines and Hearings as to Jesse Wade Newsom: Discovery ddl 7/30/15. (SLR, ) (Entered: 07/31/2015)

Then, all was silent until I receive a letter from an inmate in FCI Littleton saying that Jesse had read the article that I had written about him, and that he liked it. This lead to establishing communications with Jesse, both via email (CORRLINKS) and letter. Continue reading ‘Montana Malfeasance – Jesse Newsom Sentenced and in Prison’ »

Independence Day 2016

Independence Day 2016

You Have Tread On Me lg

Gary Hunt
Outpost of Freedom
July 4, in the year of our Lord, 2016, and of Our Independence, 241

“But the Day is past. The Second Day of July 1776, will be the most memorable Epocha, in the History of America.”

Thus wrote John Adams, to his wife Abigail, on July 3, 1776. The Independence from Britain had been approved the day before he wrote to Abigail, yet the final wording of the Declaration of Independence wasn’t completed and its final form wasn’t approved until July 4, 1776.  John Hancock did sign the document on July 4, though it was many months later when the final signatures were affixed thereto.

Now, 240 years after those men were willing to “pledge to each other our Lives, our Fortunes, and our sacred Honor”, most have lost sight of what their intentions were, what was created from their fortitude, and what so many have died in the cause of, until recently.

Six years ago, I set out to identify what that Declaration would look like, today, should we, once again, cast off the yoke of despotism. I did not refer to it as a declaration of independence, rather, as a Declaration of Dissolution of Government, since we still have a Constitution, and there is no government that we want independence from — only a return to the limitations imposed upon that government by the Constitution that created it.

The grievances that were set forth in that document were as follows: Continue reading ‘Independence Day 2016’ »

The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 6 – Feb. 25, 1998 – Jan. 12, 2004

The Harassment of the Hammonds
Act II – Decade of the Nineties
Scene 6 – Feb. 25, 1998 – Jan. 12, 2004

Hammond-family

Gary Hunt
Outpost of Freedom
June 20, 2016

This series is not about the two fires and subsequent conviction of Dwight and Steven Hammond.  It is about the abuse, by government agencies, in the two decades prior to the first fire.

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing File Part II” pdf file.

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

On February 25, 1998, Steven Hammond wrote a letter to the Oregon State Police regarding trespass and hunting in a no hunting area {351-352}. It appears that the OSP had stopped issuing citations to violators after speaking to Refuge personnel. This led to a follow up letter to Dick Munoz, FWS, Portland, addressing the concern and the failure of Malheur FWS to enforce the hunting regulations {353-354}.

On May 12, 1998, Dave Stanbrough faxes Munoz telling him he will draft a response to Steven Hammond’s letter {356}. Munoz implies that the decision not to prosecute the trespassing hunters was in the hands of the OSP, not the Refuge {357-358}.

July 6, 1999, the Bureau of Land Management in Hines, in a letter to Dwight Hammond, advises him that, in response to Dwight’s request of June 9, 1999 (No copy of the request in the obtained documents), they are denying him permission to use his own fencing to control cattle crossing Bridge Creek to get to the Mud Creek Allotment {359-360}. Dave Ward, “Rangeland Management Specialist” in this correspondence.

[Note: This is not the David Ward, Sheriff of Harney County.]

In an undated memo, from Anne Sittauer, MNWR, to Dave Stanborough, a third party report of a meeting on site between Dave Ward and Steven Hammond was supposed to have resulted in a written report by Ward {361-362}.  Steven never received the report but was told that he could not be allowed to trail his cattle to get to the “next allotment”.  Steven did agreed to give 24 hours notice of trailing, but refused to sign any request to trail. Continue reading ‘The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 6 – Feb. 25, 1998 – Jan. 12, 2004’ »

Liberty or Laws? – The First Line of Defense

Liberty or Laws?
The First Line of Defense

2ndAmendment

Gary Hunt
Outpost of Freedom
June 17, 2016

As much as many disagree with the Founder’s intent of the Second Amendment, there is little doubt that there were two primary purposes.  The first, of course, was be able to respond if, should the need arise, as had then recently occurred, the government had begun taking their rights.  It was to assure that the People would have an adequate means of defending against those encroachments and complying with the duty set out in the Declaration of Independence:

“But when long trains of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide for new guards for their future security.”

There was a second intent that is, in this day, perhaps a bit more obscure.  However, there was a constant threat, especially in the fringes of the American civilization, of attack by Indians, and on occasion, by foreigners such as the French.  Though most often, fighting such battles was conducted by militia units, armed and equipped by the local government, those who of necessity, to protect life and property, were operating within the capacity of the intent when they acted, as individuals or small groups without the organized structure, were no less militia than the units, or even the standing military force.  There was never a consideration that individuals must rely on the government to afford them and their property protection.

Even during the expansion of the country, especially after the Civil War, military forts were few and far between.  The first line of defense had to be the armed citizenry.  It could be days, weeks, or there might never be a response by the military when there were attacks made on the People.

As the West was settled, the need for the militia and the armed citizenry was diminished.  Since that time, that historical necessity had all but gone away.  By 1903, with the passage of an Act “To promote the efficiency of the militia“, also known as the “Dick Act”, the militias was redefined as the National Guard and the Reserve Militia.  Within that Act, only the National Guard could be called to national service.

That Act did not deny the existence of any right secured by the Second Amendment.  However, it did mandate (shall) that:

“That the militia shall consist of every able-bodied male citizen of the respective States, Territories, and the District of Columbia, and every able-bodied male of foreign birth who has declared his intention to become a citizen, who is more than eighteen and less than forty-five years of age, and shall be divided into two classes—the organized militia, to be known as the National Guard of the State, Territory, or, District of Columbia, or by such other designations as may be given them by the laws of the respective States or Territories, and the remainder to be known as the Reserve Militia.”

There you have it: every able-bodied male citizen, is either exempt, in the National Guard, or the Reserve Militia.  The only exclusions were certain government employees and those excluded by the respective state laws.  There is no subsequent mention of the “Reserve Militia”, therefore, it includes those described and only excludes those so described. Continue reading ‘Liberty or Laws? – The First Line of Defense’ »

Barbeau Qued in Seattle – The Arrest of Schuyler Barbeau – Part II – In Schuyler’s Own Words

Barbeau Qued in Seattle
The Arrest of Schuyler Barbeau – Part II
In Schuyler’s Own Words

Schuyler Barbeau

Gary Hunt
Outpost of Freedom
June 7, 2016

Schuyler Barbeau was arrested in a setup, participated in by his best friend, Oliver Murphy, on December 6, 2015. Until just a few days ago, what happened to Schuyler was unknown, except that he ended up in jail. The only story that could be told, at that time, was from Allen Aenk, who was present in the car when the minions of government, in complete battle dress, descended on the two of them. What Allen Aenk was able to observe is described in The Arrest of Schuyler Barbeau.

Schuyler has now come forward with his description of the events of that day, including a transcription of the interrogation that was conducted prior to him being finally settled in the King County Jail.

The following account is transcribed from a handwritten report by Schuyler. The interrogation dialogue was copied from a copy provide to Schuyler by the government, as part of Discovery. That transcript was redacted with “XXXXX” in place of a name. However, the name is placed, in context, as the informant working with the FBI is known as a result of our previous investigation, and is used in place of the “XXXXX”.  Schuyler’s comments with regard to the interrogation dialogue are included (in parenthesis).

[Note: I have been informed, through friends of Schuyler Barbeau, that this was not a transcription, rather, a recollection of the interview.  I, foolishly, assumed that since he had used the “XXXXX” in places that it was transcribed (copied).  I have been advised that in keeping in compliance with the Court’s effort to make public only what they want to be public, Schuyler used the “XXXXX” to avoid violating the Court’s prohibition on divulging Discovery information.  6/24/16 gh]

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

Allen and I were pulling off Highway 18 where it intersects Interstate 90 to enter the non-operational weigh-station.  As we rolled through the long parking lot, I spotted my best friend, Oliver Murphy’s, Ford Explorer, sitting by the small weigh-station building.  The hood was up as Oliver had told me that the car was overheating.  Now, the purpose of my meeting him was to pick up cash for a sale he did for me.  As we approached, I said aloud, “Well, there is his SUV, but I don’t see him.”  We parked next to the Explorer and as we did, I took notice of the stickers all over the rear and window, confirming in my mind that this was in fact the right vehicle, because I recognized the stickers, even the pro-2nd Amendment one.

I stepped out of the car, grabbed the dog’s [Note: a dog that had just been picked up by TeamRescue for training – opf] leash and waited for it to climb out of the backseat into the front seat and then out of the car.  Just then, as she jumped out, I heard a whole bunch of shouting to my 11 o’clock position.  I looked up and over the top of the hood of the Explorer (which they closed as they came around) and saw the military (it actually turned out just to be the FBI) come pouring out of the building and around the Explorer with their pistols and M4s pointed at my face.  Now, there was no difference in dress and appearance between these guys (FBI) and some Delta Force operators from the Army.  About 15 to 20 agents total.  They had their multi-cam clothing, full kit, plate carrier, body armor, and helmets, along with other gear.  “Operators” are carrying, and using all their high-speed weapons.  This overwhelming display of “tactic-cool” is a true testament of the militarization of law enforcement. Continue reading ‘Barbeau Qued in Seattle – The Arrest of Schuyler Barbeau – Part II – In Schuyler’s Own Words’ »

Liberty or Laws? – “nor shall be compelled in any criminal case to be a witness against himself”

Liberty or Laws?

“nor shall be compelled in any criminal case
to be a witness against himself”

Does the Fifth Amendment Stop at Miranda?

Miranda wordingGary Hunt
Outpost of Freedom
June 6, 2016

The principle element in this discussion is the Fifth Amendment to the Constitution:

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.

The provision that is of concern is, “No person… shall be compelled in any criminal case to be a witness against himself.”  And, we must begin by understanding that, as the Preamble to the Bill of Rights says,

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.

Clearly, the Fifth Amendment, then, is a prohibition against the government, “to prevent misconstruction or abuse of [the federal government’s] powers

To understand the role of the Supreme Court, at least for nearly the past century, we need to review what Justice Brandeis explained in Ashwander v. Tennessee Valley Authority (1936), in which he explained the “rules” that the Court had adopted to avoid “passing upon a large part of all constitutional questions pressed upon it for decision.”  (See About Ashwander v. TVA)

The pertinent rules from that decision are:

2.  The Court will not ‘anticipate a question of constitutional law in advance of the necessity of deciding it… ‘It is not the habit of the court to decide questions of a constitutional nature unless necessary to a decision of the case

3.  The Court will not formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied….

4.  The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of.

7.  ‘When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided

To summarize the pertinent rules:

  • The Court will not decide on the constitutionality, unless absolutely necessary – rules 2 & 4.
  • When the Court does rule on the constitutionality, that ruling will be as narrow as possible – rule 3.
  • The Court will, whenever possible, rule on statutory construction to avoid ruling on constitutionality – rule 7.

Now with this in mind, they won’t rule on the constitutionality, unless necessary, and if they do rule on constitutionality, they will make that ruling as narrow as possible.  We will look at a Supreme Court decision that we are all familiar with, Miranda v. Arizona (1966).

In Miranda, which requires that law enforcement officers notice the person being investigated for possible criminal activity be advised that he have the right to refuse to talk and to have an attorney present.  However, in keeping with Ashwander rule #7, the ruling deals only with those in custody.

So, the question arises, why would one’s right only apply to when one is in custody (they narrow ruling)?  If one the right to not incriminate oneself, “to be a witness against himself”, would that not apply once suspicion was raised against him, or does it only apply after he is in custody?.  Wouldn’t it really be a prohibition against government, both before and after one was in custody?

If a law enforcement office, in uniform or plain clothes, with the intent of trying to elicit a confession, or information that would incriminate someone, while in custody, was prohibited by the Fourth Amendment and confirmed by the Supreme Court, then why would we assume that that prohibition did not also extend to when one was under suspicion?  After all, when one is under suspicion, the law enforcers are just a small step away from putting someone in custody.  Why would that prohibition only come into play when the actual act of custody was implemented?  Is it possible that those who ratified the Amendment intended for that form of chicanery to be acceptable?  Or, was their intention to prohibit divisive means of acquiring incriminating evidence in apparent conflict with the wording of the Amendment?

Now, we need to visit a little historical background to carry the ramifications of the intent into an understanding of changes in practices between the Eighteenth Century and modern law enforcement, to put a proper perspective on how the intent of the Amendment is circumvented.

In the Eighteenth Century, spying, intelligence gathering, and other such undercover work was carried out in higher levels of government, only.  The consequence for being caught practicing such infamy was death.  Consequently, those willing to lay their lives on the line for the greater cause of national politics carried out such work.  The idea of spying on their own citizens was out of the question.  After all, it is the job of any decent government to protect its citizens, not to treat them as they would an enemy.  The idea that such practices could be used in the lower elements of society, in pursuit of criminals rather than state secrets or wartime intelligence, was not a practice, as honor was conscientiously upheld.  To deceive alleged criminals would be to stoop to the level of criminals. Continue reading ‘Liberty or Laws? – “nor shall be compelled in any criminal case to be a witness against himself”’ »

Burns Chronicles No 22 – OathKeepers vs. Militia – Part III

Burns Chronicles No 22
OathKeepers vs. Militia – Part III

wolf sheep 04 OK

Gary Hunt
Outpost of Freedom
May 22, 2016

Just over two years ago, I wrote two articles, Oathkeepers vs. Militia and Oath Keepers vs. Militia – Part II. Those articles were associated with the events that were happening at the Bundy Ranch, in Nevada. I had no intention of writing a series regarding the subject, though more recent events, in and around Burns, Oregon, have compelled me to do so.

What we are discussing is to what level members of OathKeepers cooperated with government officials, both local and federal, in Burns, Oregon. Beyond simple cooperation, did they also provide misinformation to both sides to heighten anxiety — on both sides?

To better understand this concept we need to revisit a story I did back in 1994. Michael Hill, an Ohio Unorganized Militia Chaplin, was shot to death on a roadside while returning from a patriot meeting. Hill was alone in his car and was being followed by friends. A police officer pulled Hill over and Hill complied, pulling to the side of the road. The police car pulled over behind him, and the friends pulled over behind the police car. While the friends were still present, they heard gunshots and fled the scene. Shortly thereafter, two additional officers arrived. Based upon my research, one of these officers fired additional shots into Hill’s nearly dead body. Continue reading ‘Burns Chronicles No 22 – OathKeepers vs. Militia – Part III’ »

Escalation & Fear : Fear & Escalation

Escalation & Fear : Fear & Escalation

tug of war cliff

Gary Hunt
Outpost of Freedom
May 19, 2016   [Originally posted April 27, 1995]
[Note: This is a repost of an article that was published (fax network) shortly after the Oklahoma City Bombing.]

An unknown “bomber” exploded a bomb at the Murrah federal building in Oklahoma City, Oklahoma. More than likely, if the act was performed by someone with a profound belief in our Constitution, the event was an escalation as a result of what occurred in Waco, Texas, just two years ago.

If we look at what might have caused this escalation, it is easy to understand that an absolute denial of justice was the cause. It was not the actions of the FBI and the BATF that resulted in this bomb being exploded, it was that evidence was presented to a Grand Jury, and indictments sought by the U.S. Attorney for the Western District of Texas. The objective was to bring to task those guilty of crimes in Waco. Of course, a determination was made prior to the Grand Jury as to whom the indictments would be sought against. The failure of justice was that the Grand Jury was never offered the opportunity to evaluate the actions of government and determine if indictments should be brought against the agents involved in the murder of the church members at Mt. Carmel Center. A predetermination was made that took from the citizens of the country the primary method of control of government — the subjecting of the actions of government to the scrutiny of the people. Continue reading ‘Escalation & Fear : Fear & Escalation’ »