Outpost of Freedom blog

Barbeau Qued in Seattle

The Government is Seeking the Last Drop of His Blood

Gary Hunt
Outpost of Freedom
September 4, 2017

Schuyler Barbeau’s Sentencing Recommendation, based upon his record, history, etc., recommends months of incarceration. This would be followed by 3 years of supervised release. It also recommends no monetary penalty, except the $200 Special Assessment. His Sentencing Hearing is scheduled for September 8, 2017, just a few days away. Schuyler was okay with this, as at least, he would be free (except the supervised release) in December or January.

Now, we must talk about the role of the United States Attorney. His role is to get a conviction. During trial, when Schuyler changed his pleas to Guilty, so the  that task was done. However, prosecutors are those people that will lie, falsify evidence, object to defendants putting on a defense, and use every conniving trick in their book, are also vindictive. The Sentencing Guidelines establish a check list for the punishment of guilty defendants. There wouldn’t be much need for the Guidelines if Congress felt that the punishment should be determined in the courtroom. However, they enacted the Guidelines in their quest for “equality”, and that should be the end of it.

However, those well-paid government attorneys seem to have a scorecard, like ticket quotas for police.  Their vindictive nature (since they are otherwise immune from nearly any remedy) shows when they can’t be satisfied with a job, well, well done, with the conviction.

Not so with USA Annette L. Hayes and AUSA Thomas M. Woods, with the United States Attorney in Seattle, Washington. They have prepared a 12 page “Government’s Sentencing Memorandum” in an effort to nearly triple Schuyler’s sentence, to 72 months.

That Memorandum says that:

“Barbeau has spent years telling the world that he will use deadly force against law enforcement officers who attempt to take any steps that interfere with his beliefs, including instances in which officers are simply carrying out Court-authorized orders. His conduct has not been limited to words—he built a fully-automatic machinegun that he repeatedly threatened to use against law enforcement. He sought to purchase a .50 caliber gun on the theory that it would be more effective in a shootout with law enforcement.”

The fact that this is a conclusion of the government, not a fact ruled on in court, seems to make no difference. Just because the government says it is so, it must be so.

The government goes on to say:

“Specifically, Barbeau has repeatedly stated that he will use deadly force to “protect himself” against an arrest where he believes that the arrest is unlawful. Thus, he repeatedly stated his intent to kill any law enforcement officers who sought to arrest him or his friends because of his view that none of them have done anything wrong. This conduct is not “self-defense”—it is murder.”

Now, this just shows how far away from our Constitution the government has drifted. In 1900, the Supreme Court ruled that John Bad Elk, who had shot and killed an officer who was armed, though the officer never raised his rifle, was guilty of a misdemeanor, or no crime at all, since the attempt to arrest him was not lawful. See The Right to Self Defense. I supposed, as we have all conjectured, the Constitution has been put aside by the government. With the crafty wording of enactments, and the “case law method”, they continue to circumvent the Constitution.

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Next, they accuse him of trying,

“to sell his illegal firearm on the black market. Barbeau did not show any particular interest in learning about the identity of the seller who the CHS said was willing to purchase the gun. The CHS told Barbeau that the potential buyer worked for Microsoft, but Barbeau showed no interest in ascertaining why this individual wanted a gun that operated both as a machinegun and a short-barreled rifle. Rather, Barbeau was fixated instead on the profit that he would make—which would allow him to upgrade to a .50 caliber gun that he believed would be more effective in a shootout with law enforcement. It is bad enough to manufacture a machine gun/short barreled rifle—it is worse to sell the gun in the black market without any proper background check or due diligence as to why the gun was being purchased.”

So, if you want to sell something directly to someone else, or, as in Barbeau’s case, a friend offers to sell it for you, it is now a “black market”. “Black Market” is legally defined as “Illegal trading; buying or selling goods which are subject to government rationing or , including goods that are contraband.”

Now, “goods” is plural. But, what if you make a one of a kind item, with your own hands? What if you were never within federal jurisdiction. What if you decided that you wanted to sell your handiwork? Do you need to get a license to do so?

Well, it appears that the government can do whatever they want. The problem that we face is, when does it stop? When will anything that you make, not as a business, rather as an individual, be criminal to sell, and even criminal to pass on (transfer) to your children?

Finally, in another attempt at demonizing Schuyler Barbeau, the government wants to equate him to an ISIL or ISIS supporter, when they say:

“The government believes that the recent sentencing of Daniel Franey, CR16-5073RBL, presents comparable circumstances. In that case, Daniel Franey, a prohibited person, briefly possessed firearms that were handed to him by an undercover agent. Franey had expressed a repeated desire to kill law enforcement officers and the military in the name of the Islamic State, i.e., ISIL or ISIS. Although the Sentencing Guidelines range was only 33-41 months, the Court sentenced Franey to 72 months of imprisonment, citing, among other things, his repeated desire to commit violence.”

This is not a limbo contest, though the government surely wants to show just how low they can go. They are, without question, seeking Barbeau’s last drop of blood.