Archive for May, 2014

Stealing Valor

Friday, May 9th, 2014

Stealing Valor

Gary Hunt
Outpost of Freedom
May 9, 2014

There have been efforts to discredit a man who has served, honorably, in the United States Army, active duty from June 2001 through January 2006.

The question arises out of whether he was an Airborne Ranger, or, an Airborne ranger. Hardly a violation of the Stolen Valor Act. Instead, well, let’s look at what he did do.

Prior to his separation from service, he received The Army Commendation Medal. The citation reads:

The Army Commendation Medal
Sergeant Ryan W. Payne
F Co, 51st Infantry, 519th Military Intelligence Battalion
For exceptionally meritorious service as a long range surveillance senior scout observer and assistance team leader. Sergeant Payne brought to every mission outstanding initiative, professionalism, and dedication to duty. His selfless service has been in the finest military tradition and reflects great credit upon himself, the 525th Military Intelligence Brigade, and the United States Army.
From 1 March 2002 to 1 January 2006

ACM SGT LR

Note that he served “as a long range surveillance senior scout observer and assistance team leader.”Not only were their Rangers doing “long range surveillance”, there were Airborne qualified personnel doing “long range surveillance” They did the same duties as a Ranger, though they were only rangers. They did not earn the tab “Ranger”, and Payne has never claimed that he had earned the tab.

I hope that we haven’t come to the point that when his sons asks, “what did you do in the War, Daddy?”, he would have to say that he was a long range “hiker”, since ranger has become politically incorrect.

Ryan received another Army Commendation Medal, as well. That citation reads:

The Army Commendation Medal
Spc. Ryan W. Payne
Exemplary Service during combat operations with the 101st Airborne Division (Air Assault) from 19 March 2003 to 05 June 2003 in Iraq. His selfless service and duty performance during Operation Iraqi Freedom contributed significantly to the Division’s success in liberating three key cities and to the establishment of a Free Iraq. His professionalism and commitment to excellence reflect great credit on him, the 101st Airborne Division (Air Assault), and the United States Army.

However, the nit pickers, in their efforts to demean Ryan Payne, have chosen to attack his successful (read the citations, again) “meritorious service” at Bunkerville, holding the chaotic mass of militia and molding them into a cohesive force, by attacking his likewise successful service to his country as the tool to accomplish their nefarious objective.

No, the is not a case of “Stolen Valor”, it is simply a case of “Stealing Valor”.

The Three Constitutions – Which One do You Defend

Saturday, May 3rd, 2014

The Three Constitutions – Which One do You Defend

 

Gary Hunt
Outpost of Freedom
May 3, 2014

 

What? Three Constitutions? What must he be talking about?

What we will be looking at is that there are, in the minds of various people, especially those within certain vocations, who perceive the Constitution from a perspective differently than others might. It may appear that when we speak of the Constitution, we think that we are all speaking of the same document. However, we will explore whether there is a document attached, at all, to one of these perspectives; what minimal role the original Constitution plays in another perspective, and finally, the Constitution, as written and intended by the Framers.

Well, the conversation began when I was talking with an Oath Keeper. I had asked, regarding their stated of purpose of keeping their oaths by not obeying unconstitutional laws, just how they interpreted the Constitution. My query was whether that interpretation included the Fourth and Fifth Amendments to the Constitution they had “sworn an oath to”. Well, how do those come into play?

It that phone conversation with an Oath Keeper, that I first asked the question, “Which of the three Constitutions do they affix their oath of allegiance and obedience to?” Of course, he was as perplexed as I had been until the reality formulated in my head. So, let’s venture into the realm of, “I knew that, I just didn’t realize it”.

The Fourth Amendment:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

I have no trouble reading the words. Quite simply, they say that “Writs of Assistance” are no longer recognized in this country and that “unreasonable searches and seizures” cannot be conducted. That means, you can’t search to find something that might incriminate a person, you have to have a Warrant, which must be issued based upon “probable cause, supported by Oath or affirmation, and, particularly describing the place to be searched, and the person or thing to be seized.” It is clearly the intent of the Framers that the Warrant must be based upon knowledge of a crime, identifying the person or object to be seized. A judge, not a cop, must sign the Warrant and it is supported by an oath, which must be based upon personal knowledge.

Now, this is a tough concept to those of us who have been raised in a world where that line, as defined by the Constitution, and that which we recognize to have moved by interpretation, has been so blurred that we accept the latter, without due consideration of the former. (To understand how this worked in the time of our Founders, see Are Cops Constitutional?)

However, before we get to how this applies, we must visit, also, the Fifth Amendment, or at least a part of it:

“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.”

Let’s start by attempting to understand what the (perhaps intentionally archaic) phrase, “held to answer” means. Well, I answer when I go to court to “answer” to the charges. Simple enough. So, let’s go to the other, “held”. Well, if you are arrested, you are held or detained. Again, quite simple.

Now, let’s visit the next portion, “for a capital, or otherwise infamous crime”. We all know what capital is, and, with a little research we find the “infamous crime” transitioned into “felony”, though its original meaning did carry with it a crime that could result in imprisonment for a year and a day, or more. Those crimes had to be against person or property. They were never, at least back then, applied to a rule violation, as they are in many states, now.

So, putting these two elements together and coupling it with the final provision of this portion of the Amendment, we get paraphrasing, based upon interpretation of the wording and apply it to our language of today:

No person may be arrested and charged in a court of justice (yes, that is what they were called back then, not a court of law), for the serious crimes bearing either the death penalty or over one year in prison, that crime being against person or property, unless a Grand Jury, comprised of “good and honest men” determine that there is probably cause that the crime alleged did appear to have taken place.

To better understand what was intended, I might direct you to The Right to Self Defense , which discusses both arrest, under the Constitution, and killing a law enforcement office attempting to serve an unlawful warrant. Yes, he could kill that officer.

Have you every scratched your head when someone is “arrested for resisting arrest”? First, where is the warrant demonstrating that he was to be arrested for resisting arrest? Second, where is the warrant for the alleged crime that he is to have committed, warranting the arrest that he was arrested for resisting? Wait! Where is our Constitution? Has it, too, been arrested? The answer to that last is, unequivocally, yes. So, let’s venture into that First Constitution.

Superiors tell Law enforcement officers what they can, and what they cannot, do. They accept those instructions as if they were firmly grounded in the Constitution; whether by deception or assertion of their “them or us” authority. Regardless, both the Second and Third Constitutions will be violated by this activity.

Before we get to that, we have to think back to many situations, mostly in those two unconstitutionally undeclared wars, on drugs and terrorism. Well, that can’t be all bad, can it?

As we have seen in Interstate highway stops, resulting in unlawful searches, they have been challenged in the Supreme Court. So, the Court decided that “just searching because of suspicion” doesn’t pass muster (note that I didn’t say “constitutionality, which will be addressed, shortly). However, once the person is no longer detained as the result of the traffic stop, whether valid or not, the rules change. The officer can then, after he has said, “you are free to go”, ask for permission to search. If the answer is yes, he searches. If the answer is no, then he can justify “suspicion”, based upon the answer, even though he may have to call the drug or explosive smelling dogs, he has achieved the point of an unconstitutional search, the Constitution notwithstanding.

So, this began, and not just in the highway searches, as an act by the officer, firmly believing that he has constitutional authority, because his boss told him he could do it — just obeying orders, sir — an act has been committed outside of any reasonable constitutional authority.

Thus concludes the First Constitution.

Now, let us eaxamine the Second Constitution. When the Supreme Court ventures into a matter before it, when they rule, we assume that the ruling is based upon the “constitutionality”. Silly us, we are so deceived. Let’s take a decision made just a few days ago, Hedges v. Obama, U.S. Supreme Court, No. 13-758, wherein the Court said that Hedges had no standing to challenge the National Defense Authorization Act (NDAA) as unconstitutional. Why can’t we challenge a law, made by the legislature, or even an administrative agency, to see if we are bound by that which the law applies?

Here is what James Madison said about laws in Federalist Paper #62:

It poisons the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

So, did they rule on the Constitutionality, as we would expect? No, they did not; they only said that they won’t hear the matter, since Hedges had no standing. But, more about standing, shortly. Just remember this, “Rule #5”, as we continue.

Now, let’s look at another decision from 2012, dealing with Patient Protection and Affordable Care Act, National Federation of Independent Business v Sebelius, Supreme Court, No. 11-393. This is the case that many of us are familiar with because of Chief Justice Robert’s opinion, wherein he held that the “penalty” described in the Statute was not, in fact, a penalty, rather that it was a “tax”. Well, was he addressing constitutionality? Now, just remember “Rule #7”.

Finally, at least in subject matter for consideration of the Second Constitution, let’s look at our belief that the Supreme Court rules on the Constitutionality of most, if not all, of the matters before it. I will refer to Rules #1, #2, #3, #4, and #6. Well, that’s all of the Rules, and you can find out what that means, in the words of Justice Brandeis, by going to About Ashwander v. TVA.

So, the Second Constitution is the one that most believe to be the “real” Constitution, as set forth by the Framers. Instead, we find that it is the “Constitution” promulgated (or, should I say foisted upon us?) by a Supreme Court that is unclear or ambiguous in their decisions, or is simply codifying the incremental expansion of police powers by slowly decimating our rights, from case to case, extending those powers to law enforcement and other agencies of government. Most attorneys (if not all) are taught this as Constitutional Law, most often dealing with cases decided after the early 1900s. After all, many of them are in direct conflict with the John Bad Elk decision from the Self Defense article (linked above). It was in the late 1800s that Yale began teaching case law instead of substantive law. That change allowed the Court to avoid consideration of constitutionality, in favor of what has resulted in incrementally undermining the written word and the intent of the Framers, along with our Rights, in favor of what can best be described as a Despotic government — death of the Constitution — by judicial activism.

So, on to the Third Constitution. This does not require any special skills, it only requires that you get a copy of the Constitution, remove those preconceived notions (based upon the above) of what you have been lead to believe it says, and digest each and every word of it.

So, what we have seen is that the First Constitution is an interpretation by a chief law enforcement officer who believes that he has to give his “troops” a greater discretion in fighting the evils of “them”, whether under the guise of the War on Drugs, terrorism, Officer Safety, or any other rationalization. This, then, becomes a practice that, when it appears to violate the Constitution, will be challenged by an individual, an organization, ACLU, SPLC, or even the Justice Department, for the purpose of getting a ruling from the Supreme Court, hopefully to obtain an extension of police powers or a further encroachment on our Rights. But, have no fear. They will run this same gauntlet, yet again, to revise the Second Constitution, each time, granting more powers and obscuring more rights. Each of these is a subversion of the Constitution that created the very government that is intent upon destroying the limitations within the Document, and expanding those powers that were intended to be limited.

So, the final question for you to answer is, which Constitution have you taken your Oath to?

Organizational Plan for Militia Response

Thursday, May 1st, 2014

Organizational Plan for Militia Response


Prepared by Gary Hunt, Outpost of Freedom

Additional input by Joe Martino, author of “Resistance to Tyranny” (jm)

Date of this version, April 29, 2014

 This will be updated as additional input is provided or changes are required.

 * * * * * * * * * * * * *

Organizational Plan for Militia Response

 

Introduction

Based upon contributed after action reports from some who attended the Bundy Ranch Affair, and with discussions with the Militia Liaison at the Ranch, the following has been prepared to provide assistance to those who venture into harm’s way in subsequent events.

Lessons were learned, though through the Hand of Providence, nothing occurred that jeopardized the defense of the Bundys, their ranch and property.

The week prior to the Cattle Unrustling, on Saturday April 12, 2014, had its difficulties, all of which were surmounted. After that day, some command problems arose, and were quickly resolved by agreement with all the parties thereto. The concept of “shared command”, based upon Councils of War, prevalent in the Revolutionary War and the Civil War, were adopted for the purpose of diversifying command and creating a coordinated effort.

In the future, as events unfold, we may arrive at a point where a command structure, based upon performance of someone who has truly demonstrated his abilities, in conflict as well as in peace, may ascend to the position we have learned to understand as “supreme commander”. Until that time, we must wait and watch, trusting that someone will demonstrate his abilities to take that position. Until that time, we should be able to successfully defend our rights and Constitution, in an organized manner, as outlined herein.

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

Initiation of Plan

This plan will be initiated upon acknowledgment, by any participating units or individuals, based upon their recognition of a need to respond to a situation to which they have been apprised.

The person requesting a response from militia must be the individual, or group, expecting imminent attack by Government Thugs (GT), or a clearly authorized representative thereof.

The requesting party will be known as the Host. Once a request is responded to, a liaison will be established between the host and the militia units, subject to the approval of the Host. From this point on, the Host will not be involved in strategic discussions, though he can object to any decision regarding issues that do not compromise the safety and security of the on ground personnel.

As soon as possible, when personnel become available, a Press Liaison will be established. Like the Militia Liaison, the Press Liaison will be the only contact with the Host, with regard to their respective areas of responsibility.

All liaisons are subject to acceptance by the Host, who can request, from the Defense Coordination Council, the replacement of a liaison, subject to the approval of the Council.

 

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

Militia Structure and Command

Defense Coordination Council

The Defense Coordination Council will be comprised of:

  • Company Commanders, as elected by the Militia Companies
  • The Militia Liaison.

Each will have a vote in any decisions made.

Advisory members to the Defense Coordination Council will include the Press Liaison and the leader or designated representative (with written authorization of the leader) of patriotic organizations, provided that members of those organizations are responding to the call. This will not apply to militia units, who will participate only through their Company Commander. Advisory members may participate in discussion, but shall have no vote. Any threat of withdrawal or act of intimidation by any advisory member will be cause for his immediate removal from the Defense Coordination Council.

 

Militia Companies

Militia units arriving on scene, will sign in with the Militia Liaison. The militia unit leader will sign in with:

  • Name
  • Unit identification
  • Number of individuals in the unit
  • Basic armament
  • Qualification of personnel.

Independent militia members will sign in with the Militia Liaison with their name, home location, armament, and qualifications.

The Militia Liaison (until such time as the Defense Coordination Council is established) will assign units to alphabetically defined companies.

Ideally, Companies will be comprised of between 50 and 100 individuals, however, in smaller numbers, it is desirable to have at least 3 companies to provide for diversity on the Defense Coordination Council. Companies will be supplemented by additional volunteer units until the minimum of 50 members is achieved. Independent militia members will be assigned, likewise.

To avoid personality conflicts, any militia unit or individual can request from the Militia Liaison reassignment to another company, one time only. If that unit or individual requests reassignment to a specific company, it will be approved only if the receiving company approves the transfer. Otherwise, reassignment will be at the discretion of the Militia Liaison.

Once the requisite 50 member company is achieved, or the 3 company criteria met, an election will be held. Each individual within a company will have one vote to elect a Company Commander (to be rated as Captain), who will then become a voting member of the Defense Coordination Council. After said election, should the manpower of the company increase by 50% or more, a re-election may be called for by a majority of the members.

The Captain of any company may designate Lieutenants, within his command, as platoon leaders, subject to approval of the majority of those within the platoon. Platoons may be of any convenient size, and will take the role in the command structure as subordinate to the Captain.

Militia Company Designations:

Headquarters Company will be comprised of platoons identified as, and responsible for:

  • Administration
    A log of daily “incidents” will be kept. A daily tally of militia units and members present should be maintained. Arrange procedure and control of monetary donations, including disbursement. (jm)
  • Communication (within the militia structure).
    Allocate frequencies and call signs, and record all communications. Develop non-radio communications (runners or couriers) for secure communication, including receipted delivery. Daily newsletter informing members of current status, information of interest, etc. If rumors begin circulating, endeavor to identify source and quash by positive information. Source of rumor propagation should be the subject of a report to intelligence.       Arrange for ham radio communication with family of those without cell phones. Log all incoming and outgoing communications, to be a part of the final incident report.
    A wireless Local Area Network (LAN) should be established to facilitate communication, report filing, record keeping, and other necessary functions, and should be available to all volunteer personnel; secure (passworded) communications to be provided for official uses. (jm)
  • Logistics
    Establish communication with Press Liaison, to provide information regarding needed supplies, equipment, food, etc, and instructions for delivery. It will not be the responsibility of Logistics Platoon to communicate outside of camp for donations, unless an alternative is not available.       Arrange with Administration Platoon for funding necessary Purchase Requisitions. Determine distribution procedure for new volunteers and replacement (DX). Assure that material is available for camouflage purposes, as required by the Intelligence Platoon. Endeavor to keep minimum equipage to all volunteers on site. Upon completion of event, arrange for DCC or Administration Platoon to accept remaining equipment and supplies. (jm)
  • Intelligence
    Operatives from the covert company (explained below), as well as Operatives from this Platoon, are to determine what organizations are represented in the Opposition Force (OpFor), number of personal in each organization, equipage, armament, communications equipment and frequencies, call signs, and passwords used, if any. This information should be continually updated.
    Analysts will compile and evaluate the information obtained and provide reports to the DCC, daily, if not more frequently based upon information obtained between regular reports.
    Requisition and assure installation of camouflage and other protective measures to minimize information available to the OpFor utilizing drone surveillance techniques. Institute measures against infiltration and prepare reports of questionable participation in the Free Force (FreeFor) encampment. Maintain dossiers on all known participants of the OpFor and FreeFor personnel. Publish, for the use of guards, Company commanders, and other necessary personal, a loose-leaf binder with pictures and basic information of identified personnel of the OpFor, to be updated as additional identifications are made. Establish a protocol for protection of individual’s identities of the FreeFor personnel, to include license plates, photos sent, email messages to etc., based upon the needs determined by the DCC. (jm)
  • Mess
    Store and distribute rations.       Meals Ready to Eat (MREs) will probably be the primary source of food, though consideration should be made to provide for normal meals, where possible. At least one prepared hot meal should be provided per day. Occasional local purchases of meals, including Subway, Burger King, KFC, etc., may serve until equipment and supplies are readily available.
    A Mess area should be provided, with sanitization and washing facilities available. If necessary, nominal charges to personnel for meals as an interim until funding becomes available.
    Water sanitization (Lister Bags and other means) must be provided and continually replenished. (jm)
  • Medical
    Many militia units will not have doctors or medical personnel with them. Those who have should detach their personnel to the Medical Platoon, with the right to recall them for specific duties. Likewise, if a company without any medical personnel has a duty that warrants having medical support, they should be temporarily assigned for that duty. Primary medical facilities and supplies should be maintained in a central facility, and “medic bags” should be kept on hand for use of patrols or other situations where the availability of medical treatment is likely. Arrangements should be made to be able to transport, if conditions allow, seriously injured or those needing specialized medical treatment to existing public medical facilities.
    Small individual first-aid packets should be made available to all personal with field duties.
    Daily sick call should be held to deal with minor injuries or medical problems. (jm)

Remaining companies will be designated, sequentially, “A” thru “Z”

Ideally, assignments to these companies should be made with consideration to individual capabilities. For example:

  • Those equipped with sniper equipment and training should be, where possible, within a single company so that they can, depending on current Defense Coordination Council strategy, be within a single unit to develop tactics.
  • Those with special operations training should be included in a one, or more, specific units for special operations, based upon equipment and training.
  • Those more physically fit should assigned to companies that will have patrol duties.
  • Those with physical limitations should be assigned to Headquarters Company, unless special skills warrant assignment to a regular company.

Remaining companies, unless the Defense Coordination Council determines a need for other specialization, will be infantry companies. One example might be designated as Military Police (MP) Company.

 

Enrollment of Participants

Each person assigned to any militia unit, duty, or other capacity, who will have access to the bivouac area or within the defense perimeter, will be required to “Enroll for Temporary Service in the ______ Militia”. That enrollment will include an agreement to abide by officers of his designated company, or, if none, the Headquarters Company; he agrees that if ordered, by an act of the Defense Coordination Council, to remove himself from the premises, he will obey, or be subject to further discipline. All visitors falling outside of this description will be properly escorted.

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

Press Liaison

The Press Liaison, and assistants, if necessary, will be the only contact between the volunteer forces and the press.

He will:

  • Work with the Host to develop answers to questions, in advance when possible, assuring consistency and positive structure in the responses.
  • Prepare press releases, addressing difficult or complex concerns, or frequently asked questions.
  • Aid in establishing authorized on-line web presence concerning the event, as the only source(s) of authorized information.
  • Review any releases submitted by any units or individuals within the volunteers for content and acceptability. He may censor such submittal so as not to compromise security, or from misleading or incorrect statements.
  • He will assist the Host in determining qualifications of those requesting interviews, and will assist, as necessary, in the preparations for any such interview.
  • He will establish an appointment calendar of scheduled interviews and maintain a log of all press events. (jm)
  • He will establish a Press Center for printing and distribution of Press Releases and other information, as well as a call center, to communicate with outside news source. Preferably, the host will provide such facilities. If impractical, then a van or trailer should be set up for such purpose. (jm)
  • He shall establish a camera corp to record events, OpFor activities and personnel, hostile’s actions, events within the command, and other activities, creating a photographic/video record of the event for the historical record. (jm)
  • He shall prepare an after action report, with the assistance of the DCC, at the conclusion of the event, to be distributed to militia units for instructional purposed, to be approved by the DCC prior to release. (jm)
  • Liaison with the Defense Coordination Council to disseminate requests for additional personnel (volunteers), so as to keep such requests under control and not exceed the ability to absorb an excessive influx, greater than can be handled.

General provision regarding media:

  • The Press Liaison position should be assigned to someone with news media and/or PR experience. (jm)
  • Each arriving unit should be instructed to refer all news media inquiries to the Press Liaison. Each arriving militia member will be given a card with a standard response to anticipated media questions, and they should refrain from making any statements that might be construed to represent the whole rather than their own personal convictions. They should direct all inquiries to the Press Liaison. (jm)
  • The official position is to be presented only by specifically assigned personnel.       (jm)