Outpost of Freedom blog

Camp Lone Star
AUSA Hagen: “Wah, Wah, Wah!”

Gary Hunt
Outpost of Freedom
January 6, 2016

KC Massey was sentenced on Monday, January 4, 2016. The sentencing hearing was scheduled for 8:30 AM, in the morning session; however, the Prosecutor, AUSA William (Bill) F. Hagen, ably assisted by his sidekick, Jason Edmund Corley, had filed a “SEALED – GOVERNMENT’S OPPOSED MOTION FOR NON-GUIDELINE SENTENCE” on December 30, just five days before the scheduled sentencing. Judge Hanen reschedules the hearing until 3:00 PM, at which time Massey’s Sentencing Hearing resumes. The Sentencing guidelines statute, referred to in that Motion, especially paragraphs (a) and (a)(1), can be found at 18 USC §3553.

Hagen wanted to move up the sentence from the suggested 51-61 months, as per the guideline, to the next step, 61-71 months. Instead, Hanen gave Massey two minus points. Generally, if you choose to go to trial, instead of plea, you end up with two points against you. Hanen, understanding the merit of the arguments brought forward by Massey, was convinced that the merit of the arguments overrides the built in trial penalty.

Note: Article 6, Bill of Rights, provides for a “public trial”, so whether the document is sealed, or not, if it is to be public, then it is disingenuous of the government to “Seal” a document, since they are supposed to be working for us. As a consequence, and being one of those in the “public, I hereby unseal said document, so that you can see just what the government wants to hide from you, the rest of the public.

Before we get into the other subject matter of the Sealed Document, there is one “exhibit” that is simply referenced in the “Sealed Motion” (page 6), but is actually shown in the “Government’s Sentencing Exhibits” (page 13); it is a picture of DVD disc with a sticker marking it as “Exhibit 1-J”.

To know what was said, in this exchange between Massey, who had been sworn in, and Hagen, absent access to the audio DVD, we can get some direct partial quotes from the “Sealed Motion”, when he is speaking of Massey, to wit:

His appeals are not only to the public, but also to a higher power. In a phone call from the jail to his daughter, Defendant Massey stated that while he “[didn’t] hold hate in his heart” for the prosecutor and that he had “asked God to forgive [the prosecutor],” he did nevertheless expect “God to punish [the prosecutor]… to kill his kids” and “to kill his wife.

Now, that was written, but two other sources have described the spoken word, during the Sentencing Hearing. Massey’s wife, Khristi, recalls Hagen describing what Massey said as:

Hagen is a bitch. Fuck him. God will punish him. I hope God kills his wife and her kids.

And, Massey describes some of Hagen’s words as:

He didn’t hold that against me, but he wanted God to kill my family and he called me a maggot.

Now, According to Massey, this seemed to be a matter of great emotional distress to Hagen. Though we do not have Hagen’s voice, inflections, or body language, given the words, we have an idea. It appears that Hagen was concerned for his wife and kids. Apparently, he believed, possibly understanding the sinfulness of this prosecution, that God just might listen to Massey and act on his behalf.

I will take a moment to wave my own flag. In one of the allegations in the Sealed Motion, we find the following:

On April 19th, 2015, while Defendant Massey was charged in a four count indictment for being a felon in possession of a firearm, he provided a link on his Facebook account sponsoring an article related to the Oklahoma City terrorist attack.³ That article referred to the Oklahoma City bombing as the act of a “patriot who intended to light the fuse of violent resistance to the government’s overarching, and deadly, imposition upon the rights of the people.”⁴ This same article goes on to analogize the prosecution of Defendant Massey with the previously stated motives of the so called “patriot” who attacked the Murrah Federal Courthouse in Oklahoma City in an act of terrorism thereby murdering innocents, including children.⁵ One month later, on May 16th, 2015, Defendant made a lengthy statement on his Facebook account asking others if they were “willing to defend this countries(sic) constitutional republic with [their] life and property.”⁶ Defendant went on in that same statement to call for a “plan of action to restore our Constitutional Republic” including “committees of safety.”⁷ Most alarmingly, on May 3rd, 2015, Defendant called upon others through his Facebook account “to make a STAND and not back down.”⁸ Defendant elaborated in this post to social media stating: “I have suffered long enough under this illegal prosecution (over 6 months) and either the Judge will do the right thing or I will. I have been very patient and they have cost me my freedom of movement and cost me thousands of dollars UNLAWFULLY and against the Constitution, and I will not keep taking it laying (sic) down. I am not a criminal nor will I be treated as such without repercussion. This is my call for Action if the courts fail to adhere to law. When criminals get killed rioters tear down cities, when patriots get arrested we all sit back and do nothing. Its (sic) time to take a stand America.” (emphasis added).⁹ On that same date Defendant commented through Facebook on the above referenced post adding: “I am requesting ALL who can to come to my house incase (sic) the feds try and pull some bullshit. They have already been trying to set me up to revoke my bond. I will NOT allow them to retake my freedom. This is an urgent call and I am not taking this call lightly. I have several acres and home to secure to make sure no unwanted people come here. If people will stand for Bundys (sic) and the Sugar Pine Mine will they stand with a proven patriot. No matter I am on a heightened alert and I will NOT allow anymore harassment or abuses by the federal government toward me. If you are really serious about making a stand, Come make it with me on my PRIVATE property.¹⁰

[Footnotes]

³ See Attachment 3, Government’s Exhibit 1 C. This post was made on the twentieth anniversary of the Oklahoma City Terrorist Bombing.

⁴ See Attachment 4, Government’s Exhibit 1 D. “April 19, 2015” by Gary Hunt published to Outpost of Freedom. The writer of this article, Gary Hunt, has remained in close contact with Defendant throughout the pendency of the prosecution. Defendant has communicated with Gary Hunt on at least eighty (80) occasions from the jail since his detention. This article is still available online at http://www.outpost-of-freedom.com/blog…

⁵ See Attachment 4, Government’s Exhibit 1D.

⁶ See Attachment 2, Government’s Exhibit 1C.

⁷ See Attachment 2, Government’s Exhibit 1C.

⁸ See Attachment 9, Government’s Exhibit 1K.

⁹ See Attachment 9, Government’s Exhibit 1K.

¹⁰ See Attachment 9, Government’s Exhibit 1K.

Exhibit “1 D” is the entire article. What Hagen, who by this time probably really hates me, has tried to demonize Massey by his association with me, as this is just one of the instances where he tried to make Mosey own my words.

Rest assured, however, whenever I suggest that my efforts might hurt rather than help (what I offer to all of those I work with for such stories), his response was, emphatically, I don’t care, but I believe you have helped immensely. And so he laughs whenever he mentions Hagen repeatedly trying to effect such demonization.

Back to the sentencing, as this is what it is all about. Although it is necessary to understand the rather childish name-calling nature of Hagen’s efforts, we left Hanen’s decision and the reduction of the two trial related points.

So, Hagen, once again, after those points are removed, revisits, with additional arguments, and tries to elevate it back up, an “upward adjustment” to the 51-61 category, and additional discussion ensues, primarily between Hagen and Massey (who has, obviously, taken up his own defense), we approach the two hour mark. Hanen asks if anybody wanted to continue the hearing. Massey says he does not. Hanen, then, sentences Massey to the minimum in the guidelines lever, to 41 months, with credit for time served. Once more, when Hagen wants to go up, Hanen goes down, in Massey’s favor to the lowest possible sentence.

For those that know KC Massey, since he was first arrested, I had not seen, in those entire 13 months, his spirits as high as they have been, these last few days. He has taken his task to challenge the “felon in possession” law to get it contained within the limitations of the Constitution, and “Bill” Hagen has been instrumental in laying the foundation for an appeal and eventually a limitation properly imposed on the application of that law.

A final note: As much ground as the government has lost in the sentencing of KC Massey, in their press release, they appear to gloat over their success of conviction, that conviction happened months ago, but they really don’t address this current failure to get “the last ounce of blood”.