Outpost of Freedom blog

OMD Audio Recording Series – Audio #8 (151119)

Gary Hunt
Outpost of Freedom
March 27 2018

These audios are being released because the government misrepresented, by cookie-cutting phrases, and presenting out of context statements in their documentation. The documents are “Governments Sentencing Memorandum” (docket 2519) and “Review of OMD Advisory Board Meeting Recordings” (docket 2519-1), which are for the sentencing hearing on Ryan Payne, who plead in the Malheur Refuge case. Audio of Audio #8 (151119) at http://www.outpost-of-freedom.com/audio/151119 Special OMD AB meeting.mp3

It must be understood that what OMD AB was doing was gathering information to present an accurate account of circumstances surrounding an event of possible interest to the patriot community. We have all seen people asking for help from patriots. Some have merit, some don’t. However, most often, you have only the explanation given by the person asking for help. As we progress through these audios, you will see that people have requested help, but an investigation resulted in finding misrepresentation of certain facts.

As with any brainstorming session, all possibilities, even to the extreme, should be considered, as they aid the thought process in finding the most viable solution. Often the discussion tend toward the hypothetical, as an exercise in the evaluation process.

Audio #8 – pages 43-54 of the 91 pages.

Payne starts with explaining that he and others including PPN ( Pacific Patriot Network) met to discuss the Hammonds, if they chose not to turn themselves in. PPN was pitching their position Brooke Agresta (PPN) basically implied that Payne was a badguy. She carried that message throughout, including a subsequent meeting with the Sheriff.

Same group met with the Hammonds. Steven Hammond did not attend. Dwight said that Steven was content with going to prison and then get on with his life. Dwight, however, still tended towards resisting. Dwight and Suzie (his wife) would discuss it with Steven.

Agresta said that if the Hammonds didn’t want help, then there was nothing to be done. One member of PPN did not agree with Agresta. Dwight said he would not opposed protective action.

Next was a conference call with Tea Party Patriots and other organizations. PPN wanted to file with the Supreme Court. That was deemed impractical. Discussion then pursued the protective solution. There appeared to be a lack of support for that option.

PPN was having a conference call. Payne was going to join that call once the OMD meeting was over.

Then a meeting was held with the Sheriff. Same people in attendance, along with Joe Rice, who lead the Sugar Pine Mine operation. [An operation that probably would not have been supported by OMD, once a background brief had been prepared.] Except for Payne and Ammon Bundy, the others wanted to work within the system. Sheriff had received many emails and phone calls in support of the Hammonds and that the government had also been pressuring him. The Sheriff has not yet made a decision. If he did not decide to make a decision, then his position would be in opposition to the Hammonds.

In a follow up, Payne said that PPN was asserting that they would be in charge with the operation at the Hammond meeting. They suggested that Payne was wanting to start a war. In the meeting with the Sheriff, the same was asserted. That if there was an action that they would be in charge and would do the bidding of the Sheriff. PPN then held a private meeting with the Sheriff. The expounded the same theme. Then Payne had a private meeting and the Sheriff said that the government’s line was the same as the PPN’s line. The Sheriff said that he didn’t believe that was Payne’s intention.

Continued discussion within the OMD-AB (Q&A) getting details of meetings. Theoretical discussion of different circumstances. Dickenson (informant) seems supportive of action, without support of the Hammonds.

[The above was a report of events by Payne. It was not a position that OMD was involved in or supportive of. It was strictly informational.]

Students are their best Safeguard

A 15 page Report prepared by the United States Secret Service and the Department of Education

This Report places the blame squarely on the Students who are trying to blame it on the guns Some excerpts from that Report,  based on by the Safe School Initiative (SSI) study:

That there are focus points based on the SSI study,

• Incidents of targeted violence at schools rarely were sudden impulsive acts.
• Most attackers did not threaten their targets directly prior to advancing the attack.

• There was no useful or accurate “profile” of students who engaged in targeted school violence.
• Most attackers had difficulty coping with significant losses or personal failures. Moreover many had considered or attempted suicide.
• Many attackers felt bullied, persecuted or injured by others prior to the attack.
• Most attackers had access to and had used weapons prior to the attack.
• Despite prompt law enforcement responses, most shooting incidents were stopped by means other than law enforcement interventions.

The topics covered were:

• What information was known by the bystander in advance of the attack?
• What relationship did the bystander have to the perpetrator(s)?
• Did the bystander share the information he or she learned of the planned violence with others?
• Was the bystander alone in his or her knowledge of the planned attack or was there discussion with other bystanders? If there was discussion among several bystanders, was there an agreement among them as to whether to report the information?
• How much did personal characteristics of the bystander as compared with issues related to the school climate influence the bystander’s decision regarding whether to come forward with the information?
• What were the relationships and levels of interpersonal connections between the bystander and responsible adults?
• In retrospect, how did the bystander feel about his or her decision regarding whether to take action? What advice would the bystander give others?

Why the students didn’t report what they knew:

• The student made the threat or voiced the plan repeatedly and over a long period of time, had been engaged in what might be considered attention-seeking behaviors, and had made peculiar comments.
• The described threat seemed unbelievable because it was so extreme. In one case, a bystander who had overheard some of the conspirators discussing their plans in great detail “didn’t think anything of it . . . [didn’t] think they would really do it” and therefore the bystander did not tell anyone.
• The student’s tone when making the threat did not seem serious or it was thought he was joking. For instance, bystanders made comments such as “he kept eating his pizza while discussing the event” and “he’d say it violently but then laugh about it.”
• The threats or statements were overt, repetitive, and/or clearly overheard by school personnel. This led the students to mistakenly believe that the threateners (and therefore the threats) were not serious.

What is the school’s  role in solving the problem?

• Encourage students, staff, faculty, parents, and others to report all apparent threats or threatening or disturbing behaviors.
• Provide several options for the reporting of threats, including reporting anonymously if necessary.
• Ensure that all those who report a threat or threatening situation will be treated with respect and that the information they provide will be closely guarded.
• Emphasize that the school will take appropriate action on all reports and will, within the confines of privacy laws, provide feedback to the reporting student that the information was received, and that appropriate action was taken.
• Articulate what types of student information and knowledge can be shared, with whom it can be shared, and under what conditions it can be shared.
• Be clear as to who is responsible for acting on information received regarding threats.
• Where the law permits, include law enforcement and mental health officials in the review process.
• Track threats over time so that the information collected regarding threats can be used in the decision-making process.

So, though there may be a problem with law enforcement response, the solution lies in identifying the potential problem, and addressing a solution before the problem manifests’ itself.

Those students in Washington, state capitols, or anywhere else, should be at their school and addressing the problem where the solution is readily available.

The entire report goes into much greater detail.

Prior Knowledge of Potential School-Based Violence  PDF (May 2008)

http://outpost-of-freedom.com/documents/Prior_Knowledge_of_Potential_School-Based_Violence.pdf

OMD Audio Recording Series – Audio #7 (151115)

Gary Hunt
Outpost of Freedom
March 22 2018

These audios are being released because the government misrepresented, by cookie-cutting phrases, and presenting out of context statements in their documentation. The documents are “Governments Sentencing Memorandum” (docket 2519) and “Review of OMD Advisory Board Meeting Recordings” (docket 2519-1), which are for the sentencing hearing on Ryan Payne, who plead in the Malheur Refuge case.

It must be understood that what OMD AB was doing was gathering information to present an accurate account of circumstances surrounding an event of possible interest to the patriot community.  We have all seen people asking for help from patriots. Some have merit, some don’t. However, most often, you have only the explanation given by the person asking for help. As we progress through these audios, you will see that people have requested help, but an investigation resulted in finding misrepresentation of certain facts.

As with any brainstorming session, all possibilities, even to the extreme, should be considered, as they aid the thought process in finding the most viable solution. Often the discussion tend toward the hypothetical, as an exercise in the evaluation process.

Audio #6 – pages 36-42 of the 91 pages.

The audio can be found at http://www.outpost-of-freedom.com/audio/151115-OMD-AB meeting.mp3

November 15, 2015 –

Payne has not yet completed the Response Matrix.

The Mellissa Diegel matter is still under review.

Regarding the Hammond matter, referring to the previous meeting, Door #3 [See Audio #6.] was closed. Sheriff Ward is getting hammered from the other side. Payne believes that the government has turned him against the Hammonds. Sheriff Ward believes that if a Grand Jury were empanelled, they would rule against the Hammonds. If the Grand Jury rules on behalf of the Hammonds, he would override the Grand Jury decision. Payne and Ammon will continue to exert pressure on Sheriff Ward.

Suzy Hammond expressed a concerned that should Dwight and Steven resisted, they would be shot by the government. Dwight confirms this. They indicate that the decision is Stevens since the have given the ranch to him.

Ritzheimer wants articles that he can put out. Hunt wants documentation that was omitted from a letter that was sent to Ward. Payne says that Ammon Bundy left it out to make Ward come to him. [My concern was that Ammon is not willing to provide documents to OMD-AB.]

Foley has begun putting information out regarding the Hammonds, without reference to OMD. Ritzheimer will refer people to Foley’s page.

Continued discussion on background of the Hammonds.

Discussion on the webpage, mail list, and visits. Payne reports that it seems that OMA and OMD have been seen as favorably. WRSA (Western Rifle Shooters Association),with one exception, has been favorable.

Discussion of the William Wolf and how he was set up. It took the rifle and was arrested within 5 minutes. The charges included failure to pay the taxes. How can you pay taxes in a parking lot? Everything about Wolf’s case show that it was a setup, because of his political leanings. Charles Dyer, Robert Beecher, and Kevin “KC” Massey were also identified as political prisoners.

Discussion of the effect of OMD participation in relieving the government of political prisoners. It was unanimously agreed that such activity would not be favorable, at this time, of such activity.

Discussion of Diegel. Mother is acting by Munchausen by proxy, whereby she creates an indication of disease and seeks treatment, primarily to draw attention to herself. This is the government argument of the situation and why the government took her children. Payne spoke with her and she said that her computer had been hacked and the information was lost. The only evidence that she had was emails that she had written. We don’t have enough information to make a decision. Payne says he will continue to pursue getting the records that she claims to have and has failed to provide. Ritzheimer thinks that pursuing the matter would be a waste of time. Payne will continue pursuing seeking information.

Dickenson (informant) wanted an update on 10,000 refugees to New Orleans. Hunt and Ritzheimer have doubts as to the accuracy of the reports. Payne and Ritzheimer will contact their sources to get verification as to what the real status is.

Payne talks about courses of action with regard to Muslim refugees coming into the country. Explains that the role of the militia is to protect (defend) the country and he wants to set up a program for militia around the country to monitor the flow of refugees into the country.

Back to New Orleans, discussion of a covert access to information. Dickenson (informant) probably passed this rather secretive exercise directly to the government.

Continued discussion of the refugee situation.

Then, the Task List status is discussed. Rather than detailing these discussion, I will leave it to the listener to following the varied discussions.

Meeting adjourned.

OMD Audio Recording Series – Audio #6 (151108)

Gary Hunt
Outpost of Freedom
March 15 2018

These audios are being released because the government misrepresented, by cookie-cutting phrases, and presenting out of context statements in their documentation. The documents are “Governments Sentencing Memorandum” (docket 2519) and “Review of OMD Advisory Board Meeting Recordings” (docket 2519-1), which are for the sentencing hearing on Ryan Payne, who plead in the Malheur Refuge case.

It must be understood that what OMD AB was doing was gathering information to present an accurate account of circumstances surrounding an event of possible interest to the patriot community.  We have all seen people asking for help from patriots. Some have merit, some don’t. However, most often, you have only the explanation given by the person asking for help. As we progress through these audios, you will see that people have requested help, but an investigation resulted in finding misrepresentation of certain facts.

As with any brainstorming session, all possibilities, even to the extreme, should be considered, as they aid the thought process in finding the most viable solution. Often the discussion tend toward the hypothetical, as an exercise in the evaluation process.

Audio #6 – pages 30-35 of the 91 pages.

The audio can be found at:

http://www.outpost-of-freedom.com/audio/151108 OMD AB meeting.mp3

November 8, 2015 –

Melissa Diegel was discussed first. Nothing yet confirmed, except that her children were taken by the Hospital and turned them over to CPS (Children’s Protective Services).

The Fourth Door for the Hammond, being the possibilities of defending the Bundys rather than the Hammonds. The proposal came from Ammon Bundy, but he has not given any suggesting as to how it would work. Awaiting his proposal.

Back to Diegel, Children were supported by the mother using Child Support Payments. No government funds used. Even canceled food stamps when the children were taken. Continued discussion about children being taken by parents, from what we know, there is no justification in this case.

Discussion of background checks. Hunt has doubts about the thoroughness of the “volunteer” check that we are using. It was decided to go ahead with the limited background check that had been suggested.

Dennis (informant) wants to make a Power Point on any project that we approve. It was agreed to use Power Points.

Discussion of the Webpage. Page is ready to go online when the Press Release goes out. Discussion of what articles would be listed under the “Articles” button on the webpage. Design of Webpage approved.

. Continue reading ‘OMD Audio Recording Series – Audio #6 (151108)’ »

OMD Audio Recording Series – Audio #5a & 5b (151105)

Gary Hunt
Outpost of Freedom
March 10 2018

These audios are being released because the government misrepresented, by cookie-cutting phrases, and presenting out of context statements in their documentation. The documents are “Governments Sentencing Memorandum” (docket 2519) and “Review of OMD Advisory Board Meeting Recordings” (docket 2519-1), which are for the sentencing hearing on Ryan Payne, who plead in the Malheur Refuge case.

It must be understood that what OMD AB was doing was gathering information to present an accurate account of circumstances surrounding an event of possible interest to the patriot community.  We have all seen people asking for help from patriots. Some have merit, some don’t. However, most often, you have only the explanation given by the person asking for help. As we progress through these audios, you will see that people have requested help, but an investigation resulted in finding misrepresentation of certain facts.

As with any brainstorming session, all possibilities, even to the extreme, should be considered, as they aid the thought process in finding the most viable solution. Often the discussion tend toward the hypothetical, as an exercise in the evaluation process.

The November 5,2015 meeting was in two parts .Ryan Payne was not available during the first session (5a) and when he became available the second session (5b) was held.

Audio #5a – pages 20-22 of the 91 pages.

Audio #5b – pages 23-29 of the 91 pages.

The audios can be found at:

http://www.outpost-of-freedom.com/documents/151105a-Special_OMD-AB_meeting.mp3 & http://www.outpost-of-freedom.com/documents/151105b-Special_OMD-AB_meeting.mp3

November 5, 2015 – First Session (5a)

Approving Tier 2 member, in preparation for the “grand opening”, going public, with OMD. Spiro approved

Determining coalitions instead of command structures is the proper approach. (This approach will be discussed in a later meeting.)

Arizona Border Recon (ABR) to be sanctioned. Discuss getting tents donated to have them available, should the need arise. Sanction approved. ABR is sanctioned.

Awaiting Ryan’s report of meeting with Dwight Hammond.

Discussion about a Grand Jury. This is not the ones that you are familiar with. This Grand Jury come out only with a probable cause Indictment, and is a function of Committees of Safety (http://www.committee.org/LibertyTree/index.php?t=thread&frm_id=35&rid=2&S=efc0f24803c08e906e68ca1f44a0e684 ).

Ammon’s suggestion that we obtain the Hammond’s allotments, start fires, and see what the government does.

Tim gave a report on some of the operations on the border.

Discussion of homeless veterans on ABR and Hammond operations.

The Discussion moves to Islam, and potential to get state governor to file against Islamic teachings  from the Koran.

Meeting recessed until Ryan is available.

November 5, 2015 – Second Session (5b) (Continuation of previously continued meeting)

Discussion on the Hammond matter. Ryan and Ammon Bundy met with the Hammonds. Hammonds confirmed that the government wants to take the Hammond’s ranch. Hammonds indicated that they didn’t want support from anybody, Dwight Hammond was not present. Steve Hammond is willing to go to prison.

In a previous between Ryan with Dwight Hammond, he, like Steve is willing to go to prison.
Letter from the Bundys suggest that we have an obligation to defend the Hammonds, whether they want help, or not.

Then discussion about a meeting with the Sheriff (Ward). Ward wanted to hear about what happened at Bundy Ranch. Ward stated that he would not allow the federal government to take weapons, though he would not allow violence, of any sort, in his county.

Ammon’s scenario was presented to Ward. Ward would not comment on the subject.

Lengthy discussion of whether OMD can take an action without the consent of the Hammonds. Discussion ensues over the right of choice of the Hammonds to want our help, or not. (This demonstrates the purpose of OMD with a larger board.)

, Continue reading ‘OMD Audio Recording Series – Audio #5a & 5b (151105)’ »

OMD Audio Recording Series – Audio #4 (151101)

Gary Hunt
Outpost of Freedom
March 8 2018

These audios are being released because the government misrepresented, by cookie-cutting phrases, and presenting out of context statements in their documentation. The documents are “Governments Sentencing Memorandum” (docket 2519) and “Review of OMD Advisory Board Meeting Recordings” (docket 2519-1), which are for the sentencing hearing on Ryan Payne, who plead in the Malheur Refuge case.

It must be understood that what OMD AB was doing was gathering information to present an accurate account of circumstances surrounding an event of possible interest to the patriot community.  We have all seen people asking for help from patriots. Some have merit, some don’t. However, most often, you have only the explanation given by the person asking for help. As we progress through these audios, you will see that people have requested help, but an investigation resulted in finding misrepresentation of certain facts.

As with any brainstorming session, all possibilities, even to the extreme, should be considered, as they aid the thought process in finding the most viable solution. Often the discussion tend toward the hypothetical, as an exercise in the evaluation process.

Audio #4 – pages 15-19 of the 91 pages.
The audio can be found at 151101-OMD-AB_meeting.mp3

November 1, 2015

Ryan Paine gives feedback on those who have been waiting to have such an entity to review possible situations that warrant attention.

Jon Ritzheimer to fill the missing seat (#5 was recommended via email during the preceding week.). Dennis (informant) agrees. Discussion of Ritzheimer continues. A discussion regarding the background check we are using comes into the discussion. A vote was taken, unanimous, that Jon Ritzheimer fills the fifth seat, his duties to be Planning.

While waiting for Jon to call in, Ryan and Dennis discussed military planning.

Jon called in. He affirmed that he understood the purpose of OMD. Dennis makes a point of wanting to get to know Jon better in private discussions. Discussion continues with clarification and other matters with Jon.

Back to the Agenda, Cliven Bundy is to be contacted regarding a training event being held on his property.

Red River, previously discussed, the owners having state support regarding their ownership of the questionable lands. Contact will be made by Ryan, through Cliven,  then I will be brought in for backgrounding the problem. Discussion regarding Oathkeepers and the apparent conflict in interest was discussed.

The Refugee issue is next in the discussion. The issue is still a general discussions as to how to implement a plan that can be used in any states to develop an intervention plan.

Next is LaVoy Finicum. LaVoy is still interested in OMD support. The question of Booda’s role I briefly discussed. The assumption is that he will be Personal Protection for LaVoy, which would not impede the OMD role.

Next is Phil Lyman (Recapture Canyon). Lyman is awaiting sentencing. Background was given to bring Jon up to speed. This was not an OMD (pre OMD formation) operation, and OMA (Jerry Bruckhart refused OMA support. Ryan did participate and OMD was looking at support for Lyman.  The OMD participation was whether Lyman was going to resist arrest.

Cleaves is net. Ryan is going to make initial contact.

Veterans on Patrol. Lewis has acquired larger tents, which would be available to us. Logistically, they have sufficient food supplies.

Islam is discussed. Does OMD have a role if a municipality doesn’t want a mosque but the federal government wants to force it on them does, OMD have a role? Hunt suggests that we begin discussions of where the OMD role would come into play. A discussion ensues on the subject of Islam. It is determined that this discussion should be continued, at a future date.

The Syrian Refugee subject is brought back up. The question is whether the real refugee problem is a trickle rather than the apparent flood of refugees. Montana is attempting to create a Committee of Safety that would direct the militia to conduct interrogations of refugees, as had been previously discussed. Jon suggests that we encourage local government to refuse accepting refugees. Ryan compares Missoula with California, with regard to accepting Syrian Refugees. This is balanced against Jon’s recommendation of encouraging the municipality to refuse accepting the refugees.

Close Order drill is discussed.

Status of OMD, in response to Jon’s question. It is explained why there by no legal recognition of OMD. Ryan explains that many who will follow OMD may never make public their association with OMD.

. Continue reading ‘OMD Audio Recording Series – Audio #4 (151101)’ »

OMD Audio Recording Series – Audio #3 (151025)

Gary Hunt
Outpost of Freedom
March 5 2018

These audios are being released because the government misrepresented, by cookie-cutting phrases, and presenting out of context statements in their documentation. The documents are “Governments Sentencing Memorandum” (docket 2519) and “Review of OMD Advisory Board Meeting Recordings” (docket 2519-1), which are for the sentencing hearing on Ryan Payne, who plead in the Malheur Refuge case.

It must be understood that what OMD AB was doing was gathering information to present an accurate account of circumstances surrounding an event of possible interest to the patriot community.  We have all seen people asking for help from patriots. Some have merit, some don’t. However, most often, you have only the explanation given by the person asking for help. As we progress through these audios, you will see that people have requested help, but an investigation resulted in finding misrepresentation of certain facts.

As with any brainstorming session, all possibilities, even to the extreme, should be considered, as they aid the thought process in finding the most viable solution. Often the discussion tend toward the hypothetical, as an exercise in the evaluation process.

Audio #2
The audio can be found at 151025-OMD-AB_meeting.mp3

October 25, 2015

(RP) Response Matrix is not completed

Area 51 – Sheehan property has been taken. Valuation is pending. Impractical project.

OMD Sign Off – Discussion of a closing for any correspondence. tabled.

Discussion of Tim Foley’s flag rally. Other miscellaneous discussion, including Lewis Arthur (VOP); Unity in the patriot community.

Previous discussion on “Raven” yielded no results. Finished.

Brief discussion of McVeigh and government war tactics.

(GH) Webpage – information provided, though page not up.

Discussion of use of names in public presentation of officers of OMD-AB, what effect? Initial consideration of Jon Ritzheimer in fifth seat of five seats. Voted in favor of use of names with titles, however when to publish names carried to next meeting. Dennis Dickinson (informant) will just be shown as “Dennis”.

Agreed that Degree of Involvement will be published on website, only 1 through 4.

All members will do background checks, including existing members. The failure of this system is that Dennis Dickinson (informant) was approved based upon background check.

Any fundraising will be held off until BTFA (Bear True Faith and Allegiance) is operational and in a capacity to raise and distribute funds to OMD. OMD will not raise funds under OMD.

Reports on various in progress preparation, by function.

Note how Dennis Dickinson (informant) was the audio put up ASAP. Apparently, FBI wants immediate access to information.

Pages 12-14 of 91 pages

OMD Audio Recording Series – Audio #2 (151018)

Gary Hunt
Outpost of Freedom
March 3, 2018

These audios are being released because the government misrepresented, by cookie-cutting phrases, and presenting out of context statements in their documentation. The documents are “Governments Sentencing Memorandum” (docket 2519) and “Review of OMD Advisory Board Meeting Recordings” (docket 2519-1), which are for the sentencing hearing on Ryan Payne, who plead in the Malheur Refuge case.

It must be understood that what OMD AB was doing was gathering information to present an accurate account of circumstances surrounding an event of possible interest to the patriot community.  We have all seen people asking for help from patriots. Some have merit, some don’t. However, most often, you have only the explanation given by the person asking for help. As we progress through these audios, you will see that people have requested help, but an investigation resulted in finding misrepresentation of certain facts.

As with any brainstorming session, all possibilities, even to the extreme, should be considered, as they aid the thought process in finding the most viable solution. Often the discussion tend toward the hypothetical, as an exercise in the evaluation process.

Audio #2
The audio can be found at 151018-OMD-AB_meeting.mp3

Note: This audio is a good representation of how we operated, how much detail, based upon through research, that is involved in the decision process.

First conversation was about Patricia Aiken to assist with PR and to handle fundraising. Ryan mentions BTFA (Bear True Faith and Allegiance) which would be a separate organization that was more public and was a civil authority — like Committees of Safety.

Ryan mentions his delayed road trip. LaVoy Finicum was on the itinerary, and the only one specifically mentioned.

Then a briefing  on the Hammonds, very early reference as the discussions on the Hammonds progressed. He thought Dwight and Steven were brothers. I had done my research and had the correct dates and Terrorism Act reference. Other background on Hammonds.

Patricia jumped in with her comment.

Then we discussed Patricia’s presentation on crowd funding. As she continues her presentation, the downside; this is one of the reasons for BTFA.

Then some background discussion on the entire Hammond story about the fire, the trial and the appeal. Then we discuss, very briefly, if the Hammonds want to resist arrest. Ryan goes back to his discussion with Dwight. I do offer a solution. Dennis Dickinson (FBI informant) participated in the discussion. He is the one that asked about other members of the family. Tin Foley was the one with the IRS obligation.

. Continue reading ‘OMD Audio Recording Series – Audio #2 (151018)’ »

John Lamb’s Theft of Another Person’s Video

Gary Hunt
Outpost of Freedom
March 1, 2018

John Lamb filed in a Montana Court seeking a Temporary Restraining Order and Injunctive Relief (all documents will be referred in this document, by pdf page number), pgs.  1-3. It appears that he is doing his own legal work since he really, in his filing, “screwed the pooch”.

On pg. 4, he lists “Redoubt News, aka Shari Dovale” and “Guerilla media [sic] Networks [sic], SBN News, aka Pete Santilli”:

1)  In seeking Injunctive relief, “including, but not limited to, from uploading, editing, distorting or monetizing plaintiffs copyrighted exclusive interview on or about 2/10/2018″

2)  In his brief in support of application, “took without rights, videos that Plaintiff holds copyright to, uploaded Plaintiffs exclusive interview to their own YouTube, and Facebook channels, with edited, and distorted version of Plaintiffs copyrighted video as their own”.

3)  Then he requests the Court to order restrain them, “from using or attempting to use my videos on YouTube or Facebook until further order of this court”.

So, we can see that the Plaintiff (John Lamb) has assume ownership of something that he never owned, he simply gave consent to Redoubt News to video the interview, and expressed no limitations at the time of the interview when that consent a given.  There has never been such a claim, nor is such a statement made in the filing.

Also, in his complaint, in the Brief in Support of Application, he states:

a.  Defendant’s on-going continued violations of my copyrighted infringement, will cause irreparable harm and damage to the Plaintiff.

b.  Plaintiff believes that unless immediately enjoined, Defendants will continue to attempt to upload Plaintiffs copyrighted video as their own on YouTube and Facebook.

So, he does not indicate what “irreparable harm and damage” he will suffer.  However, in “1”, above, he has stated that he was concerned that the Defendants would be “monetizing”.  That is the only suggestive statement as to “harm or damage“.  However, his public statements suggest that Randy Weaver did not want the interview monetized.  That element is absent from the Complaint, but is, apparently, an exclusive right of the Plaintiff, absent any statement to the contrary.

And, finally, he requests, “[t]hat a hearing be scheduled on Plaintiffs application for a preliminary injunction”.  Absent proper Service to the defendants, that would imply an “ex parte” hearing.  The Court would have no means of notifying the Defendants.

I suppose, however, that he wants the hearing to be held without the Defendants present or represented, or he expects the Court to find addresses for them as he has provided nothing more than names, without even a state in which the could be found

You can tell that he has put as much thought into this as he has, through third parties on the Internet, a gross deficiency and a plethora of contradictory statements.

To top that off, he didn’t need the restraining order, right away, as he also attached proof (pgs 5-6) that had granted, under DMCA (see page 10) a 14 business day prohibition against Dovale, Santilli, et al, from posting the controversial video that he claims to be his own.

However, another exhibit (pg 7), from “YouTube Copyright”, it refers to (fair warning) “Section512(f) of the DMCA (see page 10).  This Section:

“Any person who knowingly materially misrepresents under [17 U.S.C. § 512] that material or activity is infringing … shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer…who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing….”

Well, it subjects John to penalties, should he not be able to prove that he owns Redoubt’s video, or, that conditions of use were imposed upon Redoubt’s video.  This may cost Lamb a few buck more than his filing fees.

Two days after Lamb filed that above with the Court, the Judge ruled, in his Order Denying Temporary Restraining Order” (pgs 8-9).

The Judge cites Montana Code Annotated, 27-19-315.

When restraining order may be granted without notice.  A temporary restraining order may be granted without written or oral notice to the adverse party or the party’s attorney only if:

(1) it clearly appears from specific facts shown by affidavit or by the verified complaint that a delay would cause immediate and irreparable injury to the applicant before the adverse party or the party’s attorney could be heard in opposition; and

(2) the applicant or the applicant’s attorney certifies to the court in writing the efforts, if any, that have been made to give notice and the reasons supporting the applicant’s claim that notice should not be required.

Well since Lamb had already demonstrated that Facebook and YouTube had removed the “copyrighted video”, one was obviously not an urgent matter, which discounts
“(1)”.  And, since he had not proved service, “(2)” was not satisfied.  So, the Judge concluded:

[T]he allegations included in the Application do not provide sufficiently specific facts to support a determination that a delay in granting the relief requested would cause immediate and irreparable injury to Plaintiff before the adverse party can be heard in opposition.  Therefore, the Court will require Plaintiff to serve Defendants with the Application for Injunctive Relief Including Temporary Restraining Order pursuant to Rule 4, M.R.Civ.P and allow Defendants an opportunity to respond prior to setting a hearing on the request for preliminary injunction.

Since Lamb presumed that he could satisfy the requirements of Facebook and YouTube by simply filing, he has nothing to show for it.  In fact, in an effort to circumvent justice (fairness), he has delayed his injunctive relief and set the stage for a hearing.  That hearing will be quite interesting, since he does not own what he has tried to claim copyright to.

John then filed Two Certificates of Service, one to Dovale and one to Santilli (Pgs 11-14), using the address of Lambs Construction, 1627 W. Main Street Suite 101, Bozeman.  They were executed on February 21, 2018 and filed with the Court at 4:04 PM; however, the first Post Office recognition of them was on February 22 at 11:32 PM.  This makes one wonder if John lied on the Certificates of Service or the Post Office took over a day to register Certified Mail.

However, there is greater significance to this whole thing that John, perhaps overlooked.  And, it may cost him dearly.  That is the Digital Media Copyright Act (DMCA), codified at 17 US Code § 512(f), as explained above, which provides that:

“Any person who knowingly materially misrepresents under [17 U.S.C. § 512] that material or activity is infringing … shall be liable for any damages, including costs and attorneys’ fees, incurred by the alleged infringer…who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing….”

So, that is where we stand, at this writing.  As the next steps occur, the will reported in a subsequent article.