Archive for June, 2015

Camp Lone Star – Act III – A Kangaroo Court – Scene 3 – The Patriot Community

Sunday, June 28th, 2015

Camp Lone Star – Act III – A Kangaroo Court
Scene 3 – The Patriot Community

We have met the enemy

Gary Hunt
Outpost of Freedom
June 29, 2015

I suppose that it would be best to start out with a confession. Back in 1966, I smoked my first marijuana. I was on R&R in Nha Trang, Vietnam and staying in a hotel on the American side of the city. As I understand it, part of the city was for R&R for us, and the other part (a no go zone) was used by the Vietcong for R&R.

I had checked into the hotel and was going up to my room when I met three guys that were part of a LRRP (Long Range Recon Patrol). We got talking and they invited me into their room to share a Park Lane ‘cigarette’. They did explain that it was not a tobacco cigarette, rather, some of Vietnam’s finest. I have to say, it was very fine, and began leading me down the path…

Upon my return to the states, I found that all of my high school buddies, well, most of them, chose to smoke a joint from time to time. I found myself no different from those “most”, and continued using ‘pot’ to relax, after a hard day’s work, for many years.

In March 1993, I went to Waco, Texas and began my career of writing about the “Misdeeds of Government” –when the guns are pointed in the wrong direction. When I returned to Florida, I realized that if I was to continue what I was doing, it would be wise to provide the government no “handles” with which to grab me, charge me, and then throw me in prison. Back then, two years for possession was about the minimum –but, the world has changed.

So, why do I even mention this? Well, it is foundational to the question I am going to ask:

Does my smoking pot, from time to time, have any effect on the relevance of my writing, what I write about, or any other aspect of what sense you had of me before I made this confession?

My guess is that you will say “no”, though in the back of your mind, you will, as you do when you see a cop behind you, have a slightly tinged opinion of Gary Hunt. But, that’s okay, so long as you keep reading and learning from what I write.

Now, let’s look at our history. Granted, I am older. When I went to school, we looked up to George Washington, Thomas Jefferson, et al, and venerated them. They were the source from which this then great nation emerged.

A few decades ago, I cannot say where it sprang from; it became popular to denigrate those heroes of the Revolution and the creation of OUR country. Both were slaveholders (a practice acceptable throughout most of the world, at the time), so that was a chink in their armor. Schools picked up the banner and lessened the sanctity of our history. Then, to compound matters, the claim that Jefferson fathered children through Sally Henning was foisted upon us. No tangible proof, since the DNA models lead to Jefferson, though equally, to his father, who was known to, well, take advantage of his slaves. But, heck, let’s hang it on Thomas, since we need to establish a foundation for denigrating those we once revered.

However, when we do so, by association, we also denigrate our own heritage and culture. We assign “guilt by association”, of both other individuals who did not object, at the time, and to the by-product of their efforts, the Constitution and the United States of America.

Today, we have a concept that covers this sort of subtle manipulation of our thought process. It is called “political correctness”.

However, most will say that they will not fall into that trap. They believe that they are immune to its effects. At the same time, they call a homosexual a “gay person” rather than a “queer” or “faggot” (See Freedom of Speech). But, they simply do not realize that they have been manipulated into restricting their own thought process by submission to subliminal suggestions.

Let’s look at three fairly recent events in which we can see how this comes into play. First is David Stone’s Hutaree Militia. Mainstream Media (MSM) told us that the Hutaree were going to set up and kill cops. There was a rush to distance ourselves from any association with, or support for, the Hutaree, since they were going to do something bad. However, nearly a year later, the judge in the case dismissed it as there was nothing sufficient to even suggest that what we had been told was true (See Thought Crimes). The Hutaree Militia will forever be stigmatized by the unfounded accusation made upon them.

Next, we can look at a more recent and well-known event, when hundreds of militia members went to Nevada to protect a rancher and his cattle. The initial call was put out by Operation Mutual Aid (OMA), and was headed up by Ryan Payne. The wide variety of individuals who showed up created a bit of a nightmare, as far as keeping things organized enough to be able to respond, after nearly a week, and force the Bureau of Land Management (BLM) to leave, with their tails between their legs. Most of the cattle were recovered, and now, a year later, the Bundys continue to graze their cattle where they had for decades. However, immediately after the event on April 12, the “Unrustling” of the cattle, attacks were made on Ryan Payne, accusing him of claiming to be, in military service, what he was not — stolen valor. The claims have yet to be substantiated (See Stealing Valor), though the vestiges of those claims still linger. Payne has stepped aside from the patriot community because of the unfounded accusations.

Before we look at a current situation that warrants our attention, let’s go back about twenty years. Someone who had gone to Waco and seen, first hand, what was going on — unlike most, not seeing only what MSM wanted us to see, struck back at government by doing what our own government does in other countries, blowing up a government building. MSM played up the death of some children, ignoring that the Government Accounting Office had recommended the removal of the day care center nearly a year before the bombing.

Most of the patriot community still speaks poorly of Timothy McVeigh. They tend to ignore the fact that just two years early, the government burned to death over twenty children who were not placed in the care of others, but stayed at home and in their church, when they were killed. The general outrage over what the government did pales in comparison with the way that most people look at McVeigh — who simply did what others had talked about, and, in the current light, are talking about, again — attacking government buildings.

I have always taken the position that I applaud McVeigh for having the courage to attack a government building, as he did (Why I bombed the Murrah Federal Building). I cannot take that away from him. However, I do know that if it were my mission, I would not have done it the same way.

So, why is it that we hold our own, or fellow patriots, to a higher standard than we do the government? Why is it that if a patriot, who has done good is found to have a blemish, either real or concocted, all of the good that he may have done is obscured by the often minor, but always initiated by the government and/or MSM, human acts that can be criticized?

Before I get to the point of this article, let me demonstrate the effect of the stigmatization, by association, when one is not “politically correct” in the patriot community.

For a while, now, every one of my articles was reposted on two blogs, both being of the patriotic nature. The both mail out lists of articles, and show my articles on their web pages — or, they did. After the first article in which I mentioned the KC Massey had smoked a joint, they stopped posting any of my articles, even one that was not related to Massey, at all. It appears that my reporting the truth was enough to get me “banned” by those who had, previously, though my articles worthy of their time and consideration.

In another example, there was a Facebook page, with about 500 followers, that was very supportive of Massey — until the smoking of the joint was published. They have decided, as a group, that they can no longer associate themselves with Massey, and have withdrawn their support.

Ironically, a news page that is about the closest I will ever get to MSM, and would probably associate more with the Tea Party crowd, has continued to post my articles. Apparently, they have overcome “political correctness”.

Now, I can only surmise why those mentioned have chosen to discontinue posting my articles. I can attribute an explanation of what may be the cause, based upon some conversations with friends who have objected to Massey’s “indiscretion”. They dwell on Massey, not the punitive system that was described in my last article, Act III – A Kangaroo Court – Scene 2 – Presumption of Guilt. The focus, as MSM has directed us, is to demean those who have done well rather than looking at the government, or the fact that we are all human. We have succumbed to that political correctness and attack those who have shown the potential, having the ultimate effect of discouraging them from participating, where they once stood out.

Ryan Payne is probably the best example of this. Though the “blemish” was based upon unsubstantiated allegations, it made him shy away from participation. We have lost a potential leader in what is to come. Massey, too, seems to have lost his enthusiasm, since he has found that the support for his efforts has diminished the only reward he received from his efforts, the approbation for what he had accomplished. He is now looked down upon by many who have allowed the blemish to override his accomplishments.

So, we blame someone for smoking a joint, because it is against the law, though we do not damn those who might be on psychotropic drugs, because they are legal — at least, not until he shoots up a schoolhouse. And, in so doing, we end up shooting ourselves in the foot.

What we have accomplished is to discourage those who might be leaders in the coming battles from even taking a role that, though it might make them champions, might also lead to them being treated as a pariah. It has become an incentive to avoid acting, rather than acting, as the risk of condemnation increases, proportionate to the effort exerted.

Quite simply, for us to abandon those who have put out the effort, simply because of a trivial blemish, plays right into the hands of the opposition. If we denigrate those who can lead us, we eliminate that leadership before it even begins, and we are left with nothing — for we have destroyed ourselves, in our own eyes, saving the enemy the task of undermining any effort of significance in achieving our objective.

 

 

Camp Lone Star – Act III – A Kangaroo Court – Scene 2 – Presumption of Guilt

Thursday, June 25th, 2015

Camp Lone Star – Act III – A Kangaroo Court
Scene 2 – Presumption of Guilt

Masseys DungeonMassey’s own little Dungeon

Gary Hunt
Outpost of Freedom
June 25, 2015

We will begin with three definitions. The first is an amendment to the Constitution, that being limitations imposed upon the federal government and for the securing of our rights, as understood by the Framers of the Constitution, and, which are our birthright.

The second, the legal definition of one of the terms of that amendment, included to clarify that term.

The third, the description of what is known as a Kangaroo Court. As you read the following, you will see that all three of the definitions provided for such a Court are applicable in the case against K.C. Massey.

8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Bail [Black’s Law Dictionary – 5th Edition]
The Surety or sureties who procure the release of a person under arrest, by becoming responsible for his appearance at the time and place designated.

Kangaroo Court
1: a mock court in which the principles of law and justice are disregarded or perverted
2: a court characterized by irresponsible, unauthorized, or irregular status or procedures
3: judgment or punishment given outside of legal procedure
(Merriam Webster)

In a previous article, Cruel and Unusual Punishments – Before Conviction, the conditions of release according to the Appearance Bond, were discussed. There were a number of conditions set, though the first three predicate the whole of the “Bond” that he was subject to. Those three were:

To appear for court proceedings

If convicted, to surrender to serve a sentence that the court may impose

To comply with all conditions set forth in the Order Setting Conditions of Release.

Now, based upon the definition of “bail” and the prohibition against “excessive bail”, when we look at the conditions, is it possible that the third condition, “to comply…”, might be deemed “excessive”, in that it goes beyond a requirement to appear, as per the definition, and the intent of the Bill of Rights?

Now, heed what we are discussing, for every patriot knows that he stands for the Constitution, and in so doing may be placing himself in a situation where he might find that he is charged and arrested for some made up crime.

However, since the government holds the guns, if Massey wanted to stay out of jail, pending trial, which he was more than willing to stand for, he would have to agree to the conditions.

The day that Massey was arrested, they did a UA (Urine Analysis) and find THC (from marijuana) in his test. So, they filled out the conditions as they would for someone charged with selling drugs, requiring random UA testing. Well, THC stays in your system for weeks, or longer. So, a scheduled test would have been sufficient to determine if he had not broken the law by using marijuana, since there is no federal law against use of marijuana. The random aspect of testing was detrimental to another condition, that he be gainfully employed, since he could be called from work to report for the UA, at any time, disrupting his reliability at work.

Massey agreed to the terms on November 3, 2014. He first refused the UA test in May 2015. He had gone over six months with absolute compliance with the conditions, even though he knew that they were unconstitutional. However, since half a year does not cut it for a speedy trial, and the confinement to home, not even allowed to maintain his property away from the immediate vicinity of the house, without prior permission from the Probation Officer (he is not on probation, he only, constitutionally, has to appear in court), and finding that when he was supposed to drive the ninety miles to Dallas for the UA, broke down, and refused the UA. Since he had taken that step, he continued to refuse subsequent calls for a UA.

That is until his next court appearance. Knowing that he would probably not pass the UA that he knew they would require when he arrived for the June 2 hearing, but he went to court, as required by the Constitution and the Conditions.

Now, the punishment that he received, prior to that June 10 hearing was bad enough. He was not a free, innocent man, until proven guilty. He was subject to conditions that were slightly less than if he had been in jail. He had such a limited amount of freedom that it could, nowise, be considered such.

Since he failed the UA on the 10th, he was sent to jail in the custody of the Brownsville Sheriff, though the contract with the federal government put him under the authority of the U. S. Marshall Service. The Marshall Service decided the Massey should be in Maximum Security. They have also imposed other conditions and restrictions that, along with general jail procedures, have imposed the following on Massey:

  • His cell (sketch, above) is about 7′ by 10 feet, and includes bed, toilet, shower and table.
  • He has only had only two 1-hour recreation periods since he has been in jail (three weeks).
  • When he leaves the cell, for any reason, he first puts his hands through the food port and they are handcuffed. Then he is allowed out and told to face the wall while shackles are placed on his ankles and a chain around his waist. Then, he is handcuffed to the waist chain — yes, two bracelets on each hand.
  • When he is out of his cell, he is always escorted by three guards, and the hallways are cleared before he can enter a hallway. One of the guards is constantly videotaping the procession.
  • There is one window, in the cell door. That is where food is fed to the “animals”. It has a magnetic cover and is only open, with few exceptions, when they want to talk with him, pass food, or deliver the telephone to him so that he can make phone calls.
  • Some guards will leave the door window cover off, at night, when the lights are dimmed, so they can do bed checks, about hourly. Other guards prefer to open the window, bang on the door, and make a lot of noise, then shine a flashlight in to see if he is there, and probably to make sure he is awake, every hour, during their shift.
  • His cell walls are painted white, and the only constant sound is the whistling of the air-conditioning blowing into the call, keeping the temperature in the sixties. He only has one blanket.

As far as personal attention to his needs, he has gotten the many food gifts that were sent to him. He has had health problems. At one doctor call, he was found to have blood and high protein levels in his urine. For this, the doctor prescribed antibiotics. He tried them for three days and his stomach reacted, giving him pain, so he stopped taking the antibiotics. They have reported him for refusing to take his medicine, though they have not reported why he has refused it.

  • He has a preexisting water on the knee problem that he has always treated with exercise, which provides relief.
  • He has a pre-existing case of shingles, for which they have given him Triamcinolone, and he has had some relief.
  • They had given him one Ibuprofen per day, taken in the presence of the guards, though he has had to quit taking them as it exacerbated the kidney problem.
  • He has pain in his kidney, and, hopefully, will receive some treatment for that when he sees the doctor, again. He had been dealing with the kidney problem with exercise, to the point of perspiration to remove toxins, and cranberry juice. However, it is difficult to perspire in such a confined space with temperatures in to sixties.

If Massey is convicted, he will no longer be under the authority of the U. S. Marshall Service, but will be under Bureau of Prisons. At that point, being convicted, his living conditions will be far better than what he is currently enduring, and he will have regular exercise and will be able to seek necessary medical attention, without the constraints that are currently imposed upon him.

It appears that, perhaps, the government has taken the 8th Amendment literally, as it implies that once you are convicted, you can not be subjected to “cruel and unusual punishment”. It fails to prohibit cruel and unusual punishment prior to conviction, and, clearly, that is what Massey has been subjected to since his first arrest.

As far as “excessive bail”, the Conditions of Release were for an unsecured bond of $30,000. Whether that might be considered excessive, or not, is subjective, but let’s assume that it is not for the sake of discussion. If we assume that to be the point that anything over it would be excessive, then the conditions would, without a doubt, qualify as EXCESSIVE, and they go well beyond the simple historical concept of assuring that one be present in court, when required to.

As far as the Kangaroo Court, there is no doubt that “the principles of law and justice are disregarded or perverted“, and that this is “characterized by irresponsible, unauthorized, or irregular status or procedures“, and, finally, that “punishment [is] given outside of legal procedure“.

Quite simply put, some of the conditions that have been imposed upon Massey are outside of the constitutional framework created by the Founders, and some equate more toward medieval dungeon techniques resorted to by kings, tyrants, dictators, and other despots.

If we consider that if he is convicted of a crime, his conditions will improve, considerably, then we must also conclude that the justice system is based more upon punishment for Presumption of Guilt than upon any sense of justice.

Greenmail Income Tax, Flat Tax, or, No Tax?

Monday, June 22nd, 2015

Greenmail
Income Tax, Flat Tax, or, No Tax?

inverted man shaking coins out of pockets IRS

Gary Hunt
Outpost of Freedom
June 22, 2015

For those who believe that the federal government should tax us, either by income tax or a fair tax, or any other direct means of taxation, must understand that doing so only creates socialism among the states (taking from one to give to another), as the following table shows (A more complete table can also be found at Tax Foundation Special Report No. 158, “Federal Tax Burdens and Spending by State).

The table is from 2005 (I haven’t found a newer one, yet), so I would suppose that the only changes, absent minor redistributions of moneys, would be that the numbers have gone up, proportionately, in the last 6 years.

Note that $2,084,247,000,000 was taken in through taxes and that $2,210,184,000,000 was sent back to the states. This results in nearly $126 billion that was added back to the states’ side (to the benefit of the state). This additional money is likely a debt passed on to our posterity. And, this does not account for the many trillions spent by the federal government, each year, to support wars, foreign aid, and the expense of operating the government and its administrative agencies.

So, if the money never went to the federal government (income taxes), then the states would have had less revenue, even if they retained that which would have gone to the federal government for redistribution back to the states.

Now, there is also a loss in the administration of the distribution of the money. First, it is collected (IRS); then it has to go to the various agencies (accounting) for distribution back to the states (with all of the strings attached); then the state has to distribute the funds according to those strings, which, surely, requires a significant staff to assure that no money goes where the federal government does not want it to go, and vice-versa.

How much less would it cost if the states collected that money (and, being closer to home, might be more cautious in their raising taxes and spending recklessly, or to comply with federally mandated programs), and determined where it was to go, without federal intervention?

Now, if this does not convince you that a federal direct tax is unnecessary, and that it is used to manipulate social change and to bring the states into subjugation, then I would appreciate your explanation as to why it does not.

You should also note that Washington, D.C. gets back nearly six times, per capita, what it contributes, which amounts to over $65,000 per resident of that “model” city.

You can understand that rather than calling this blackmail, it is more appropriately defined as “Greenmail”.

Federal Taxes Paid vs. Federal Spending Received*
2005
State

Total Dollars ($millions)

Dollars Per Capita

Federal Taxes Paid to Washington, D.C. Federal Spending Received Federal Taxes Paid to Washington, D.C. State Rank     (1 is highest) Federal Spending Received
DC $6,735 $37,859 $11,582 1 $65,109
NM $9,891 $20,604 $5,153 47 $10,733
MS $12,434 $26,181 $4,281 51 $9,014
AK $4,830 $9,230 $5,434 19 $13,950
LA $20,563 $39,628 $4,565 50 $8,798
WV $8,815 $16,087 $4,861 49 $8,872
ND $3,829 $6,608 $6,031 37 $10,408
AL $24,675 $42,061 $5,434 43 $9,263
SD $4,840 $7,481 $6,256 29 $9,669
KY $22,003 $34,653 $5,283 46 $8,321
VA $60,185 $95,097 $7,981 11 $12,610
MT $5,228 $7,814 $5,605 40 $8,378
HI $8,519 $12,699 $6,709 21 $10,001
ME $7,728 $11,365 $5,868 39 $8,629
AR $13,926 $20,387 $5,030 48 $7,364
OK $19,572 $27,637 $5,532 41 $7,811
SC $22,711 $32,044 $5,364 44 $7,568
MO $35,171 $48,273 $6,078 35 $8,342
MD $49,178 $66,720 $8,812 5 $11,956
TN $35,872 $48,288 $6,041 36 $8,132
ID $7,728 $9,598 $5,440 42 $6,756
AZ $35,988 $44,639 $6,099 32 $7,564
KS $17,434 $20,492 $6,350 28 $7,463
WY $4,209 $4,782 $8,286 8 $9,414
IA $17,830 $20,345 $6,019 38 $6,867
NE $11,261 $12,785 $6,415 27 $7,283
VT $4,085 $4,645 $6,568 23 $7,468
NC $52,547 $59,162 $6,084 34 $6,850
PA $87,940 $99,503 $7,093 20 $8,025
UT $13,134 $14,823 $5,311 45 $5,994
IN $38,081 $42,347 $6,088 33 $6,770
OH $70,304 $77,881 $6,130 31 $6,791
GA $55,952 $59,846 $6,160 30 $6,589
RI $7,969 $8,423 $7,414 18 $7,836
FL $135,146 $134,544 $7,649 17 $7,615
TX $146,932 $148,683 $6,437 26 $6,514
OR $23,583 $22,792 $6,503 25 $6,285
MI $66,326 $64,787 $6,568 24 $6,415
WA $49,682 $46,338 $7,923 13 $7,390
MA $63,003 $55,830 $9,792 4 $8,677
CO $35,880 $31,173 $7,721 16 $6,708
NY $168,710 $144,876 $8,737 6 $7,503
CA $289,627 $242,023 $8,028 10 $6,709
DE $6,622 $5,495 $7,898 14 $6,553
IL $99,776 $80,778 $7,824 15 $6,334
MN $40,578 $31,067 $7,928 12 $6,415
NH $10,649 $8,331 $8,162 9 $6,386
CT $40,314 $30,774 $11,522 2 $8,795
NV $20,135 $14,089 $8,417 7 $5,889
NJ $86,112 $58,617 $9,902 3 $6,740
$2,084,247 $2,210,184 $342,368 $457,528

 

* During fiscal years in which the federal government runs deficits some spending is financed through borrowing. This creates implicit tax liabilities for states that must be repaid eventually. To incorporate these implicit tax liabilities into the analysis, the following adjustment was made to state tax burdens: First, the total federal tax burden is increased by the size of the federal deficit. Next, this total burden is allocated among states based on each state’s proportion of the actual federal tax burden. Finally, adjusted spending-per-dollar-of-tax ratios are calculated by dividing actual expenditures by the adjusted tax figure, effectively making figures deficit neutral.

Source: Tax Foundation Special Report No. 158, “Federal Tax Burdens and Spending by State,” and U.S. Census Bureau’s Consolidated Federal Funds Report for 2005.

 

“No bended knee for me” – Who Does the Patriot Fight For?

Monday, June 15th, 2015

“No bended knee for me”
Who Does the Patriot Fight For?

Robert Beecher jail bars

Gary Hunt
Outpost of Freedom
June 15, 2015

Almost every patriot I have met, when asked, “What are you willing to fight for?”, will answer, my family – my children and grandchildren. The Founders chose the word “Posterity” to explain their objective in both fighting and establishing a new government comprised of member States. What they did, they did for us, their posterity.

So, what happened when that government established upon those principles, as well as others, becomes the enemy of that very protection that they were, and we are, willing to fight for?

In 1997, Jennifer McVeigh was threatened with a charge of treason and the possibility of the death penalty (McVeigh’s Sister Tells Why She Aided U.S. Case Against Him) if she refused to testify against her brother. As tough at is it was, she opted to testify against her sibling.

Robert Beecher recently faced a similar situation. His daughter, Jessica, had owned two .22 caliber rifles that were found on the property that Beecher lived on, and one of which was included in the Indictment. She had also bought her father a .30-30 rifle for his birthday. This, too, was included in the Indictment and a picture of Robert holding the 30-30, pasted in Facebook, was instrumental in the government filing a Criminal Complaint, and securing search and arrest warrants for the property and Beecher.

During the initial interrogation of Beecher, FBI Special Agent Slater, having already ascertained that Jessica had purchased the firearms, suggested, “Maybe we should arrest her, instead”. Though the applicability of federal law is, and ought to be, questioned, 18 U. S. Code §922 (d)(1) does make it criminal to transfer a weapon to a know felon, regardless of state law (See “Felon in Possession of a Firearm” is Not Legal or Lawful).

With the possibility of Jessica serving ten years in prison for giving a birthday present, Robert had the unfortunate necessity of making one of the most difficult decisions of his life. It was whether he, or Jessica, or both, would spend ten years in prison.

The only decision that could be more severe than what Robert faced would be whether he would give his life for her. Now the latter decision, I think we all would agree, has only one proper answer. So, we must consider that the former also has only one answer.

Some questions arise as to whether the threat to go after Jessica would be carried out. Would it have gotten Robert off on his charges? Would the government even stoop so low as to make such a threat — to coerce someone into pleading guilty to what should not even be a crime, unless there was criminal intent in the activity?

We have been taught that we are a nation of laws, not a nation of men. So, just what laws are we a nation of?

In 1982, the Justice Department tried to determine how many federal criminal laws there were. Their answer was that there were over 3,000 criminal laws (however, many of those laws have multiple conditions that may be met, increasing the actual crimes to considerably more) contained within the 23,000 (currently 27,000) pages of U. S. Code.

When there are that many laws, we are not a nation of law; rather, we are a nation subject to the will of the men that administer those laws.

This brings to mind a quote from James Madison in Federalist #63:

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?

In Robert’s first letter to me, he said, “No bended knee for me”. Against what Robert was faced with, he stood firm to the principles that guide true patriots. He refused to bend a knee, though the force was overwhelming, and he had no choice but to succumb to that force. He was willing to sacrifice a portion of his life — for his Posterity.

His plea agreement, which he entered into to protect his family, especially his daughter, Jessica, committed him to 10 years in prison and 5 years supervised release. The government has promised (if any weight can be attributed to a government promise) to file for a sentence reduction within 360 days. Only time will tell if, and what, that will be.

In the meantime, we must all understand that those who speak out will find that the government will pull out all of the stops to put us in prison, if they can find just one violation of those 3,000 laws. This will continue to be true UNTIL such time as we find the need to replace the government that has deviated so far from what the Founders intended.

 

Camp Lone Star – Act III – A Kangaroo Court – Scene 1 – How Case Law Subverts the Constitution

Sunday, June 7th, 2015

Camp Lone Star – Act III – A Kangaroo Court
Scene 1 – How Case Law Subverts the Constitution

kangaroo court2

Gary Hunt
Outpost of Freedom
June 8, 2015

Kangaroo Court
1: a mock court in which the principles of law and justice are disregarded or perverted
2: a court characterized by irresponsible, unauthorized, or irregular status or procedures
3: judgment or punishment given outside of legal procedure
(Merriam Webster)

In a recent article, “Government Enforces Their Laws – Who Shall Enforce the Constitution?“, I raise a question that is now worthy of our consideration. If we want our birthright of Constitutional Government, as envisioned by the Founders, we cannot rely upon government for interpretation those laws passed which are applied contrary to the Constitution.

To quote Teddy Roosevelt, with regard to the “case law method”, “some of the teaching of the law books and of the classroom seemed to me to be against justicewe are concerned with [the] question of what law is, not what it ought to be.”

In my Constitution, government was granted powers and authorities, and had limitations imposed upon it. Here, we will deal with some authorities granted and some limitations imposed. And, we, as Americans concerned about our country and our posterity find that we are in a situation similar to that which the Founders recognized, 240 years ago. And, we, like they, must weigh, very carefully, the extent of encroachments into our rights and our lives, as they did, then.

On April 17, 2015, the final pre-trial motions were submitted to the Court. The Court has taken 7 weeks to prepare a Memorandum Opinion and Order, to address the argument presented to the Court by Massey’s attorney.

Rather than outright denying the motions, the extended interval tended to support the probability of a well-crafted reply, granting the motions and dismissing charges against Massey. I don’t doubt that, somewhere, that well crafted order still exists, though it has been replaced by a rather poorly crafted order, which will be the subject of this article, and was substituted solely because Massey created a situation in which the Judge, for reasons that many will not understand, chose not to pursue justice in that it would reflect on him as supporting someone who could not keep his promise — his agreement with the Court.

Honor, one’s word being good, is an important part of life. Massey, regardless of why, gave his word that he would not partake of any illegal substances — as a condition of his “home detention” (See Cruel and Unusual Punishments – Before Conviction) — rather than remaining in jail awaiting trial.

The dilemma this created for Judge Hanen is that he would be challenging the status quo by granting the motion, undermining the very strength of the federal “Felon in Possession” law, and putting it back in proper perspective with those limitations imposed by the Constitution. This would leave those in government who support the improper interpretation in a position to accuse Hanen of siding with a man lacking honor and unable to abide by an agreement that he willingly made as a condition of his pre-trial release.

We must put ourselves in a position to understand that this apparently minor infraction would probably have similar consequences, or at least should have them, within our own community. Suppose you supported someone whom you had faith in to a position of chairman, or some other leadership role, within your organization. Suppose, then, he gave his word to abide by a promise that he had made, and then broke that promise. Would you continue to support him in the office that he held? This is what the politicians do, and this is an intolerable situation — it cannot be supported, if we stand behind our belief that honor and trust are necessary elements of leadership.

This is similar to the situation in which Judge Hanen finds himself. If he was willing to challenge the system and return to a proper interpretation of the law, it could be career ending decision, and could subject him to ridicule by others in government, including some of his peers on the federal benches. For him to take upon himself that responsibility, he would have to know that the person he was supporting by his actions was one as honorable as the Judge would be, in standing for justice. This is typical “office politics” and is true in business and the patriot community, as well. Violate the trust and you lose support.

So, let’s look at the “Memorandum Opinion and Order” that denied the Motions to Dismiss the Indictment (there were two of them: Motion to Dismiss Indictment, and First Supplement to Opposed Motion to Dismiss Indictment).

The Order begins with a misrepresentation that sets an erroneous foundation for what follows in the three “arguments” that the court offers, when it says:

As detailed below, Massey’s Motion to Dismiss focuses on the alleged unconstitutionality of Section 922(g), which makes it a crime for a person who has previously been convicted of a crime punishable by imprisonment for a term exceeding one year “to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” 18 U.S.C. § 922(g)(1). For the following reasons, the Court denies Defendant’s Motion to Dismiss the Indictment.

First, he implies that the entire question rests on “the alleged unconstitutionality of Section 922(g)“. Though challenges to constitutionality were made, there was an even stronger argument made with regard to the grammatical context of the statute, which, if correct, would allow other aspects of the law to fit, neatly, into earlier Congressional interpretations of the extent of the “commerce clause”. This will be addressed in the third point.

  1. Second Amendment Argument:

Massey’s argument relies heavily on District of Columbia v. Heller, 554 U.S. 570 (2008), which upheld the right of people to have firearms for their personal protection. He argues that, among others, you do not lose your right to freedom of speech for being a convicted felon, so you cannot lose, forever, your right to keep and bear arms. Perhaps, unfortunately, the argument did not bring up the fact that 10 U.S.C. § 311 does exclude some from being members of the militia, though “felons” are not among those exclusions, which is a direct contradiction of the felon in possession statute, as applied.

The Court then argues that Heller did not address the felon aspect, He does point out that the court has set up the “scrutiny” to be applied in weighing whether a statute unfairly limits the “not infringe” (my words) provision of the Second Amendment, but rather than compare it to real world, he simply builds upon case law, redefining the Constitution, one case at a time.

In the dismissing nature of the current judicial system, he says:

The Second Amendment, at its core, protects “law-abiding” citizens. See Heller, 554 U.S. at 635. It is clear that convicted felons are not such citizens and thus fall outside of the Second Amendment’s protection. Accordingly, the Court need not consider the second inquiry because Section 922(g)(1) does not burden conduct falling within the scope of the Second Amendment.

So, unlike Texas, that being the location of the private property in which the alleged crime (possession) was committed, he determines that the rehabilitation program, under the various penal systems, cannot achieve its stated goal of rehabilitation, during the course of one’s life. In direct contravention of that “philosophy”, we have the opportunity to look at Massey’s life, since that rehabilitation, in “Who is K. C. Massey?“. What he does not address is the question of jurisdiction. If the “crime” was committed on private property (affirmed, in the next argument), is it constitutional to supersede Texas law absent an act that was committed on public lands? This doesn’t address an even more serious breach of jurisdictional limitations, which is quiet apparent in Massey’s case, as Massey was absolutely sure that they were on private land, with permission of the owner, to protect the owner’s property.

  1. Equal Protection Clause Argument:

This argument, in the Order, addresses only that challenge brought up in the first of Massey’s Motions. It is, perhaps, inserted here to avoid addressing the ramifications of the subsequent challenge to “equal protection” brought up in the second Motion — a legal sleight of hand.

Hanen, in citing a previous decision, says, “a law is subject to strict scrutiny review in the face of an equal protection challenge only if (1) there is a fundamental right affected or (2) the law targets a suspect class. He continues, “does not impermissibly impinge upon a right protected by the Second Amendment because it regulates conduct that falls outside the scope of the Amendment’s guarantee.”

So, let’s look, first, at (1), where the law in question, “felon in possession, affects the Second Amendment. As mentioned above, 10 U.S.C. § 311 is the codification of the Second Amendment. That statute has a solidly placed foundation in the Constitution, as it clearly defines what at least the one provision of the Second is the militia. It makes exception for some, as far as being, without question, in the militia, though “felons”, or any descriptor that would imply such, is not exclude from the mandatory inclusion in the militia.

Now, let’s look at (2), whether it targets a “suspect class”. Here, we enter more into the First Supplement (the second motion to dismiss the indictment), though Hanen refused to address that part of that motion. If it refused people in one state, merely because they lived in that state, and approved those in another state, simply because they lived in that state, would they not be creating a “suspect class” of those who lived in one of the “refused” states? Quite simply, living in one state makes you a “suspect”, while living in another allows you all of the privileges of firearms possession and ownership. So, if we consider the asserted Second Amendment right, including the codification, and compare that to the “commerce clause”, what do we come up with?

Back in 1934, the Congress enacted the first firearms control act. The concern was expressed in the record (Congressional Record, reference: keep and bear arms, pg 42 “}, which says:

Mr. FREDERICK. That takes me into the purposes of this bill. This bill, as I see it, is intended to be a bill for the suppression of crime and is proposed to the United States Congress which ordinarily has no power in such matters, under the guise of a revenue raising bill.

So, we have, “which ordinarily has no power in such matters, under the guise of a revenue bill”. Now, they were using the commerce clause, as that original acts required that interstate commerce be involved. However, since they had no power to “suppress crime”, they used their power to tax (“revenue raising bill”), to both fund and track firearms. That was the only way that they could mount a challenge to the Second Amendment — by taxing, not by criminal charges, unless the tax was ignored. That was what the Constitution, even loosely construed in the act, allowed. There are no amendments that would extend that authority beyond what existed in 1934 — except the machinations of “case law”, which disregards the Constitution if one can manipulate the words of a previous decision to extend government authority where it had no constitutional authority to go. This is precisely why I suggest that we, the People, need to interpret Our Constitution, as the government is intent upon subverting it.

  1. Commerce Clause Challenge:

Now, let’s look at the statute, in detail:

18 USC 922

(g) It shall be unlawful for any person –

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

There are two key elements that we need to consider. First, “possess in or affecting commerce“. “In” is easily understood. That would clearly be in the act of shipping or transporting. “Affecting”, while that would mean that the possession affected, had an effect on, the transporting.

Here, the Judge cites United States v. Rawls, 85 F.3d 240, 242 (5th Cir. 1996), which says that the “in or affecting commerce’ element can be satisfied if the firearm possessed by a convicted felon had previously traveled in interstate commerce.” Damn, I need to return to school and take English Grammar all over, again. I cannot draw the same conclusion that the Court did in Rawls, though apparently, Judge Hanen apparently, can make that broad leap — away from the Constitution and into the lap of a government that wants to have absolute control over every aspect of our lives (Hint: That was once known as slavery). So, in a sense, the wording from Rawls rewrites the wording of the statute (922 (g)(1)) into something that is not written as law, rather, is interpreted into something that is not written in law, thereby making it law because the judges of the Fifth Circuit wanted it to be; not what it was intended to be when passed into law (or regulation). It is bad enough when the Congress can go from taxing to criminalization, however, when they allow the Courts to go even further and make something that does not exist, and then they can be described as nothing less than a Kangaroo Court.

But, wait, we’re not done, yet. That second part of the statute states, “to receive any firearm or ammunition which has been shipped or transported in interstate… commerce“, was discussed in A Favorable Ruling?. This, too, stretches our comprehension of the English Language. Here is how it is presented in Massey’s motion:

The word “has”, as opposed to the word “had” was used in the statute. “Has” is the third person singular, present indicative, verb meaning active in the action just completed, where “had” is past tense and participle of the verb have, meaning in a previous situation. So, if one were the direct recipient, then the word “has” would be appropriate. However, if it were expansive, intended to include any firearm shipped in interstate commerce, then “had” would be the proper verb. The use of “had” would have meant to include any and all that “had” been so transported any time prior.

That cannot be too difficult to understand, unless they teach a different grammar in law school, or have judicial indoctrination classes that they have not told us about. It has to do with tense. So, who is to interpret the laws? Will it be the government? Or, will it be we, the People, who have a vested interest in the laws of this nation, and, more importantly, in the Constitution that created that government that is now ignoring that document to increase their power over our very lives?

The Order says, “The Indictment, in all four counts, charges that Massey “did knowingly possess in and affecting interstate commerce a firearm . . . said firearm having been shipped in interstate commerce.” Now, the wording of the statute has been conveniently rearranged as it was presented to the Grand Jury that issued the Indictment. If that Grand Jury accepts that the wording of a law (statute) is what they are told, and probably in writing, how are they to know that it differs from the law that they are asked to weigh against Massey’s actions? If they did choose to question the wording, I’m sure that the US Attorney would explain to them that he, being a lawyer, has said that “this is what the law is, and, if Massey is in violation of this law, as I present it to you, you must come back with an Indictment”.

Let’s compare the wording from the Indictment

… did knowingly possess in and affecting interstate commerce a firearm . . . said firearm having been shipped in interstate commerce.

And the statute:

… to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Darn look at that. They have introduced another verb, “having”.

“Had” and “having” are both past tense, as described in the First Supplement. However, “has”, is present tense (present indicative). So, the statute says “has”, while the proper verb should have been “had”, if what the government claims was intended was really intended when the statute was written. However, the Grand Jury was led to believe the even more broadly expressed “having”, which is very inclusive.

Has – present 3d singular of have
Had – past and past participle of have
Having – To be in possession of already

So, do we allow the government to redefine words so that they can imprison those that they want to punish? Or, do we decide that you don’t have to be a lawyer, or a judge, to understand the Constitution and the statutes alleged to be written in “Pursuance” to the Constitution?

Here is what James Madison said regarding laws:

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?

They will be “incoherent” if the Courts use a different language than the People. We cannot know what the law is, today, if that law is not based upon the language that we understand. The law is little known and less fixed when previous decisions of the courts have redefined the words, moving slowly but steadily away from the Constitution, for it is unfixed with subsequent decisions, and little known unless we make a daily habit of reading what the courts have done to both our language and the Constitution.

There is even more that troubles the patriot’s heart, and you will find those points highlighted in the linked Order. Suffice to say that if we fit the analogy of frogs in the water approaching its boiling point, we have, so far complained of the rising temperature, have failed to get out of the water.

Jon Ritzheimer – When did Freedom of Speech Become Hate Speech?

Wednesday, June 3rd, 2015

Jon Ritzheimer
When did Freedom of Speech Become Hate Speech?

Ritzheimer family

Gary Hunt
Outpost of Freedom
June 3, 2015

Jon was born in San Diego County, California in 1983. He was raised in Lakeside and graduated from El Capitan High School. He worked briefly after high school in construction, though having no direction, decided to join the Marines in 2002.

Most of his military service was stateside, though he served a tour in Iraq in 2004-2005. He was a Motor Vehicle Operator (MOS 3531), stationed in Ramadi. He did convoy security and was subjected to gunfire and IED attacks. He returned to Iraq in 2008, this time operating an MRAP, which he lived in “outside the wire”, eating, drinking, sleeping, and living in the MRAP for five months. No showers and the toilet was a “wag bag”.

His time in service included adverse reports due to his criticism of Obama, and having tattoos that were outside of the policy limits. This caused him to not reenlist. He continued in the Marine Reserves until 2014. During his service he received the standard combat awards and a certificate of commendation for one of the actions in which he was involved. It might be worth noting that he was never fired upon by any Christians, throughout either tour.

Jon married in 2007, then, after leaving the Marines, began using his GI benefits to get an education. First, he worked for a Harley-Davidson dealer, then left to set up his own motorcycle repair business, which he ran until the threats that were being put out caused him to look to the safety of his family, which now included daughters 2 and 4 years old.

Jon is much like many thousands of Americans who pursued life, served their country, educated themselves, and began working to support a family, eventually having his own business.

Seeing, as many do, that Muslims are attempting to establish Shariah Courts, impose Shariah law requiring women to be covered, ankle to the top of their heads, Ritzheimer became concerned over the potential effect of Islam in this country. It wasn’t quite enough for any more than concern, but he did remember what he had seen in Iraq. How can freedom of speech be denied, not by government, rather, by the threat of the use of force?

The recent “Draw Mohamed” event in Texas, and the attempt by two Muslims from the Phoenix Muslim Center, to assassinate those who had gathered for the event, hit a nerve. Our right to freedom of speech is unquestionably one of the most important rights that we Americans have. To assert that right, and to show that Americans will not allow intimidation to force us to relinquish even the smallest bit of that right, led him to conceive of the Freedom of Speech Rally. The first Rally, on May 17, getting little attention, and had only a few participants. However, being a Marine (there is no such thing as an ex-Marine); he was determined to get the job done by organizing the second Rally, held this past Friday, May 29.

This Rally brought hundreds to the Mosque, both pro Free Speech and those who mistook the purpose of the Rally, on the other side of the road, to defend Islam.

This second Rally managed to get attention, not only in Phoenix, but nationally. Unfortunately, as the press often does, they “rewrote” the purpose of the rally in an effort to demonize Ritzheimer and try to turn a Freedom of Speech Rally into a “Hate Rally”. Ritzheimer began to fear for his safety, and the safety of his family. He began to question whether this event, at a mosque, would lead a situation similar to that which was attempted in Texas, and was successfully carried out in France. So much for Freedom of Speech and the Press. However, the theme was that we would not be intimidated into not speaking what we want, in our own country.

Ritzheimer admits that the shirt he wore at the Rally, amply stating “F**k Islam” was not in good taste, and he regrets it. He told me that he has a hard time believing that, since there are so many Muslims out there, they can all be bad (prone to accept radicalism). However, his reading of the Koran raises questions, though some Muslims may sincerely believe that we can live in harmony. He also apologizes to all Muslims of the latter sort.

As the attention to the Rally went national, and the press chose to redefine its purpose, Ritzheimer began to fear for his safety, the safety of his family and those attending the event. Questioning whether going to the mosque might subject them to the consequences that were attempted in Texas, and successful in France. Subsequently, he began to encourage the lawful carrying of firearms to the event, as a means of self-defense against any attempt by the Muslims to use force to suppress freedom of speech.

As the event drew near, friends, and even people unknown to Ritzheimer, informed him of the reaction from what appears to be the Muslim community, quite possibly from as far away as ISIS in Iraq is.

Note that the military advised prior service members to use caution, giving credibility on the part of the government, to the implied threat because of messages similar to these:

Twits

(Note: SAW (Sallah Allah Alayhi Wa Aaleh) = Peace be upon him and his household.)

As apprehensive as he was at the start of the Rally, he was relieved to see that the police department had done the unexpected. They “Police Line” taped both curb lines to keep the two sides apart, and then stationed their officers along the centerline of Orangewood Avenue, facing the officers in alternating directions, so that neither side was singled out by the neutral police department, who was there only to assure the safety of all concerned.

Though Jon realizes, now, that the Free Speech Rally could easily be misconstrued, regardless of what he intended, he still believes in, and stands for, the right of Americans to speak freely what they feel. Regardless of whether an inverted crucifix in a jar of urine expresses Freedom of Speech, or a carton drawing of Mohammed, Freedom of Speech is essential to the continuation of our great nation. Jon will continue to support that freedom, just as he supported it when he went, willingly, to Iraq to assure the Iraqis had a chance to establish that right.

Jon Ritzheimer is praised for supporting freedom of speech in the Muslim country of Iraq, and then condemned for supporting free speech in the country that sent him to Iraq. Those who have condemned Jon Ritzheimer, by so doing, have condemned the very fabric of our country.