Outpost of Freedom blog

Camp Lone Star – Massey is Protected by State Law

Federal Government Violates State Law

Gary Hunt
Outpost of Freedom
August 28, 2015

There is a presumption in the minds of many people that the federal government has jurisdiction, anywhere. We even see the FBI investigating incidents in foreign, sometime hostile nations. Our purpose here however is to look at the extent, if any, of federal jurisdiction, within the geographic boundaries of the member States of the Union. It should be understood that there is a lot more to the extent of jurisdiction than will be discussed here. We are simply addressing those limitations as the apply to the recent events involving KC Massey and Camp Lone Star.

To its credit, the Texas State Legislature, in its wisdom and understanding of the relationship with the federal government, enacted Article 2.122 of the Texas Penal Code. This “law” provides for granting of certain authority to federal agents. The pertinent parts of that Act are as follows:

Art. 2.122. SPECIAL INVESTIGATORS.

(a) The following named criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state as to felony offenses only:

(1) Special Agents of the Federal Bureau of Investigation;

(3) Special Agents of the United States Immigration and Customs Enforcement;

(4) Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives;

(9) Marshals and Deputy Marshals of the United States Marshals Service;

(b) A person designated as a special policeman by the Federal Protective Services division of the General Services Administration under 40 U.S.C. Section 318 or 318d is not a peace officer but has the powers of arrest and search and seizure as to any offense under the laws of this state.

(c) A Customs and Border Protection Officer or Border Patrol Agent of the United States Customs and Border Protection or an immigration enforcement agent or deportation officer of the Department of Homeland Security is not a peace officer under the laws of this state but, on the premises of a port facility designated by the commissioner of the United States Customs and Border Protection as a port of entry for arrival in the United States by land transportation from the United Mexican States into the State of Texas or at a permanent established border patrol traffic check point, has the authority to detain a person pending transfer without unnecessary delay to a peace officer if the agent or officer has probable cause to believe that the person has engaged in conduct that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal Code, regardless of whether the violation may be disposed of in a criminal proceeding or a juvenile justice proceeding.

So, the extent of the authority to arrest, which would also include detaining a person, is only “the powers of arrest and search and seizure as to any offense under the laws of this state [Texas].” We will address the limitation to the laws of the state, below.

BPS also has a greater degree of authority, but only at Ports of Entry and Checkpoints. So, at Sabal Palms, where the alleged “crime” took place, which may have been a violation of the laws of the state, the BPS agent who fired at Foerster had committed the only possible crime, and the BPS agent the only possible criminal. It might be stretching the point to say that Foerster, the only witness to the crime, might be detained, though that is a gray area that we need not address.

Clearly, Massey and Varner, not even witness to the crime, are well outside of the authority granted by the state to the designated federal agents. Take note, also, of the word “premises” in paragraph (c). We will also address that later.

So, the State of Texas saw fit to extend certain powers to certain agents of the federal government. The federal government has never contested the right of the State to enact such laws. If it had, and if they had the authority to refuse the state’s authority to limit their powers, then surely, there surely would have been a federal challenge, before now. If that is not correct, then, perhaps, the federal government needs to challenge that State authority now, or live by the law, as enacted.

Now, let’s revisit that word in paragraph (c), “premises”. Mr. Hagen has stated that KC was not on his premises, since he was not in his home. By that construct, we can assume that the word premises, in federal law led to Hagen’s presumption of the meaning under state law. However, I doubt that even Mr. Hagen would presume that the “premises of a port facility” would include ONLY the building that had “port facility” posted over the doorway. Surely, it includes the entire premises which comprises the entire port facility.

Now the federal government may have two definitions, though they have not provided an alternate definition. Texas Penal Code provides insight into the meaning of “premises”, under State law. Remember, the federal authority applies to felonies under State law. So, let’s look at Texas Penal Code:

Sec. 46.04.  UNLAWFUL POSSESSION OF FIREARM.

(a)  A person who has been convicted of a felony commits an offense if he possesses a firearm:

(1)  after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later

(2)  after the period described by Subdivision (1), at any location other than the premises at which the person lives.

Meaning that five years after the completion of all portions of the punishment, he regains the right to possess a firearm, subject to the limitation imposed by sub-paragraph (2).

Sec. 46.02. UNLAWFUL CARRYING WEAPONS.

(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun, illegal knife, or club if the person is not:

(1) on the person’s own premises or premises under the person’s control; or

(2) inside of or directly en route to a motor vehicle or watercraft that is owned by the person or under the person’s control.

(a-1) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his or her person a handgun in a motor vehicle or watercraft that is owned by the person or under the person’s control at any time in which:

(1) the handgun is in plain view; or

(2) the person is:

(A) engaged in criminal activity, other than a Class C misdemeanor that is a violation of a law or ordinance regulating traffic or boating;

(B) prohibited by law from possessing a firearm; or

(C) a member of a criminal street gang, as defined by Section 71.01.

(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

So, the “person commits an offense” if he is not “on the “person’s own premises or premises under the person’s control.” It also provides for en route travel, but our concern is what “premises” means. Then, from (a-2), we find that ” For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. So, the “premises” is where you live, if you have control of it. It includes real property, not just the house. And, surely, if you were a guest, with the consent of the owner, to live on his property, or a motel, whether temporarily or permanently, then the premises would include his land, and any other land that you were on, if you had the consent of the owner and he had knowledge of your firearm. So, unless argued to the contrary by the federal government, Sabal Palms would be the recreational premises upon which Massey’s stay was temporary. Likewise, the motel room, over which he had control as the renter, though temporary, for recreational purposes, would include those “premises” where he was arrested. To assume that he can have a firearm in the motel room, though he cannot leave the motel room, then cross that premises to his vehicle, with the firearm is the sort of absurdity that the government excels in. To assume such would be to assume that a law with a specific purpose is impossible, since the construction that federal government has applied would say that you have a right, though there is no way in which you can exercise that right.

The question also arises as to whether the detail of the intent and application of the State Law is properly heard in the Federal District Court, or if the original jurisdiction can reside only in a state court, with the State of Texas as the Plaintiff.

Now, it may seem as if I am stretching the right to travel with a firearm, in support of the other provisions. However, Texas did clarify the broadness of the right to possess framers in their state, with Section 46.15 (pertinent parts):

Sec. 46.15. NONAPPLICABILITY.

(b) Section 46.02 [prohibition of possession] does not apply to a person who:

(2) is traveling;

(3) is engaging in lawful hunting, fishing, or other sporting activity on the immediate premises where the activity is conducted, or is en route between the premises and the actor’s residence, motor vehicle, or watercraft, if the weapon is a type commonly used in the activity;

Now, let’s ask ourselves just why Texas thought that they could enact these laws. Did they do so despite the Constitution and what other tend to believe is the federal government’s overarching authority to enact any law that they want? Especially if the law they are using specifically cites “commerce” as the authority for such enactment? Or, as has been discussed previously, are the stretching their authority under the commerce clause beyond the scope granted by the Constitution and affirmed by the authors and proponents of the Constitution? See Federal Gun Laws and the Commerce clause.

The ratification of the Constitution came with instruction for the submission of a Bill of Rights, to assure that the assertion of federal authority did not exceed that which was intended by the document. There are two amendments that are applicable, one with regard to the people, themselves, and the other with regard to both the States and the people.

First is the Ninth Amendment:

The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

And, more importantly and appropriately to this discussion, the Tenth Amendment:

The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

So, there can be no doubt that Texas, with powers not granted to the federal government, nor denied to the State, is, without question, acting within its purview, as were the Representatives in the State Government, in expressing the Will of the People in asserting their rights through the enactment of the laws cited above. None of those laws encroach, by any stretch of the imagination, on the powers granted to the federal government.

Camp Lone Star – Pressure Cooker of Just Us

Gary Hunt
Outpost of Freedom
August 24, 2015

A pressure cooker was used to make the bombs used in the Boston Marathon Bombing. However, besides cooking, there appears to be another form of pressure cooker used by the government. Pressure cookers use steam to build up pressure to increase the rate at which something cooks. It changes the normal conditions to conditions that have a more rapid effect on what is being, well, pressure-cooked.

KC Massey was returned to jail for violating his (innocent until proven guilty) pre-trial release conditions (Cruel and Unusual Punishments – Before Conviction). Prior to his pre-trial release, he had been held at Willacy Federal Detention Facility, and was placed in a solitary cell. After the violation, he was sent to a County Sheriff’s facility, Carrizales Rucker Detention Center, under federal authority. Again, he was placed in solitary confinement.

In solitary confinement, he has no exercise privileges, unless they decide to let him out of his cell. He had, while at Camp Lone Star, been active on patrols and had gotten plenty of exercise. However, his confinement and the poor quality of the food have had detrimental affect on his health. He suffers from kidney problems and was recently diagnosed with early stages of congestive heart failure.

So, why is he, not having yet been convicted, and only charged with a crime that is not violent in nature, treated worse than the many real thugs in jail, whether under either federal or local charges?

A couple of weeks ago, KC told me that another prisoner, a trustee, had told him that he was in solitary confinement because of his affiliation with Aryan Brotherhood. This was a surprise to KC, and, as he explained to me, he has never supported them and has often been critical of Aryan Brotherhood.

Just a few days ago, he asked Sgt. Campbell, one of the detention officers, if he would look in his (KC’s) file to see if it did say what he had been told. Sgt. Campbell responded, I don’t have to look, I know. The US Marshall Service put Aryan Brotherhood Affiliation on the outside of your jacket [folder].” So, KC is in solitary confinement because the US Marshall Service can lie, just to punish KC, because they, or someone above them, wants to punish him.

Through a fabrication, the pressure on KC to submit, psychologically and physically, to the pressure that was being applied to the cooker, had begun.

KC had been offered a plea agreement, plead guilty to one county and five years in prison, but stoically refused this offer, knowing that he was right and was not guilty of any crime.

Over time, I could hear and sense the frustration over the solitary confinement. His mood was quite often very low, and much of our conversation was an effort to boost his morale and to stand firmly behind his beliefs.

Within days of Sgt. Campbell explaining why he was in solitary confinement, and with just a few days to go before his trial, the government comes back, through KC’s attorney, with a new offer – Guilty to one count and he was told it would be three years in prison, by his attorney.

However, this offer came with additional information. They had been monitoring all of his phone calls, they had reviewed all of the text messages on his cell phone, they had gone over every post on his Facebook pages, and, had reviewed all of his radio shows. If he did not plea and the case went to trial, they would go after everybody that was named in any of the information gathered, if there was any chance of prosecution. They would also go after his wife, Khristi, who had bought an AK 47 that KC was charged with possession of, notwithstanding that under Texas law, there was no illegality to the purchase or to allowing KC to use her firearm.

This is the same tactic that they used against Robert Beecher (Who Does the Patriot Fight For?) to secure a plea agreement, rather than the government taking the rather risky task of trying to convince a jury that the government acted above board in their persecution of Beecher.

This morning, KC apparently stood his ground. He was willing to plea No Contest (nolo contendre), take the 3 years, however, his unwillingness to agree to their plea bargain offer, and finding that there was no specification on the three years, has result in the trial NOT being held today at 1:30 PM, but is put off until the end of September.

So, why did they schedule this second trial, and then cancel it? Well, both Sorola, KC’s attorney, and KC began talking jurisdiction (Massey & The Clash of Laws), this morning, in front of the Judge. Sorola pointed out that KC had brought up the jurisdictional matter back with his first attorney, Ed Cyganiewicz. Judge Hanen, favoring KC’s side, allowed for the September date to hear additional arguments, including a challenge to jurisdiction. Hagen resisted, but the Judge had made his decision.

Hagen, the prosecutor, seemed upset that KC would not plea, arguing that he has been made plea offers, and has refused to take them. The only other conceivable reason is that the trial is something that Hagen does not want. They want KC to plead guilty, period.

I will add, however, that KC called me as soon as he got back to jail from the hearing. He is exuberant, and he said that he feels that God is on his side, as this critical argument of Tenth Amendment State Rights, is going to get its day in court. He is more excited and up beat than he has been, in many months — even though it is another month in solitary. He feels that his suffering will have the appropriate reward, in the end.

This, my friends, is what Justice has become, in America. No trail, we will punish you until you agree that you are guilty, then we will imprison you, and you will carry that “conviction” with you, the rest of your life. But, KC intends to beat the system, and get out of the pressure cooker with only minor burns.

Camp Lone Star – Federal Gun Laws and the Commerce clause

Gary Hunt
Outpost of Freedom
August 20, 2015

The entire “Felon in Possession” federal law is hinged on Commerce. From its inception, it has been enforced by taxation, since the Bureau of Alcohol, Tobacco, and Firearms is an agency of the U. S. Treasury department.

We are dealing specifically with 18 U.S. Code 922 (g):

(g) It shall be unlawful for any person – [conditions omitted]

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.

We are going to delve into the purpose of commerce, as defined by the Constitution. We can also wonder why someone charged with “felon in possession” is not taxed; instead, he is determined to be a criminal. We will start with some historical background.

Role of the Federalist Papers

James Madison, fourth president (1809-1817), and recognized as the “Father of the Constitution”, for his role in drafting as well as arguing for ratification, is the best single source for an understanding of the intent and purpose of the Constitution and the government created by that Constitution.

The Federalist Papers, being the arguments that led to ratification of the Constitution, have been used in legal justification to support, and to overturn, laws enacted by Congress. After all, the intent of the Constitution, as laid out in the Federalist Papers is what the American people, through their respective state conventions, relied upon as the original intent of the Framers, and therefore, must be what the Constitution truly means, wherever any ambiguity exists.

There are many hundreds of U.S. Supreme Court decisions where the Federalist Papers were cited in arguing and/or deciding decisions before that court. If the Federalist Papers, those words by Hamilton, Jay, and especially Madison, supported a decision, it was so supported. If they were inconsistent with an enactment, then the enactment was overturned.

An example of the strength of original intent might be demonstrated with an example. In United States v. Lopez, 514 U.S. 549 (1995), Lopez argued that the federal law regarding “gun free school zones” was outside of the scope of authority granted to Congress by the commerce clause, “The Congress shall have Power…[t]o regulate Commerce… among the several States…” (Art. I, §8, cl. 3). Chief Justice Rehnquist delivered the opinion of the Court, and in so doing, said [at 457-458]:

The Constitution creates a Federal Government of enumerated powers. As James Madison wrote, “[t]he powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” The Federalist No. 45. This constitutionally mandated division of authority was adopted by the Framers to ensure protection of our fundamental liberties. Just as the separation and independence of the coordinate branches of the Federal Government serves to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.

The decision removed from enforcement the federal gun free school zone law, as a determination of that nature resided solely with the state, by those powers not granted to the federal government, rather, retained by the state government.

In another instance, Alden et al. v. Maine, 527 U.S. 706 (1999), this case dealt with the sovereignty of a American state government, Justice Kennedy delivered the opinion of the Court:

… Any doubt regarding the constitutional role of the States as sovereign entities is removed by the Tenth Amendment, which, like the other provisions of the Bill of Rights, was enacted to allay lingering concerns about the extent of the national power. The Amendment confirms the promise implicit in the original document: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” U. S. Const., Amdt. 10.

The federal system established by our Constitution preserves the sovereign status of the States in two ways. First, it reserves to them a substantial portion of the Nation’s primary sovereignty, together with the dignity and essential attributes inhering in that status. The States “form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere.” The Federalist No. 39.

Second, even as to matters within the competence of the National Government, the constitutional design secures the founding generation’s rejection of “the concept of a central government that would act upon and through the States” in favor of “a system in which the State and Federal Governments would exercise concurrent authority over the people–who were, in Hamilton’s words, `the only proper objects of government.'” (quoting The Federalist No. 15). In this the founders achieved a deliberate departure from the Articles of Confederation: Experience under the Articles had “exploded on all hands” the “practicality of making laws, with coercive sanctions, for the States as political bodies.” The Federalist No. 20.

Perez v. Mortgage Bankers Association (2015), with Justice Thomas, concurring in the judgment, said:

When a party properly brings a case or controversy to an Article III court, that court is called upon to exercise the “judicial Power of the United States.” Art. III, §1. For the reasons I explain in this section, the judicial power, as originally understood, requires a court to exercise its independent judgment in interpreting and expounding upon the laws.

Those who ratified the Constitution knew that legal texts would often contain ambiguities. As James Madison explained, “All new laws, though penned with the greatest technical skill and passed on the fullest and most mature deliberation, are considered as more or less obscure and equivocal . . . .” The Federalist No. 37.

One of the key elements of the Federalists’ arguments in support of the allocation of power to make binding interpretations of the law was that Article III judges would exercise independent judgment. Although “judicial independence” is often discussed in terms of independence from external threats, the Framers understood the concept to also require independence from the “internal threat” of “human will.” The Federalist No. 78, “The judiciary . . . may truly be said to have neither FORCE nor WILL but merely judgment . . . “. Independent judgment required judges to decide cases in accordance with the law of the land, not in accordance with pressures placed upon them through either internal or external sources. Internal sources might include personal biases, while external sources might include pressure from the political branches, the public, or other interested parties.

Necessary and Proper

Article I, §8, clause 18:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

This clause is worthy of additional consideration. What may be necessary and proper for the function, and the fulfillment of the duties, of the federal government is, without question, within the realm of the intent. That comes under the portion which states, “the foregoing Powers”, meaning those enumeration within Article I, §8.

Next, we have to consider, “all other Powers vested by this Constitution in the Government”. Here, we can consider whether a “Power” exists, and whether, without express authority, the government can properly assert that “Power”. For example, Article II, §2 provides that the President is “Commander in Chief of the Army and Navy of the United States”. clearly, laws enacted to facilitate that function are within the scope of the intent of clause 18. So, too, would be laws that set forth the operation of other functions within the various “Departments or Officers”, though the existence of those Departments and Officers must, by their creation, be consistent with the Constitution.

Now, here comes a stickler. The Preamble to the Constitution provides a description of the purpose of the Constitution and the government it created:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Let’s look at some adjectives (Definitions from Webster’s 1828 Dictionary, the words as understood by the Founders):

establish: To set and fix firmly or unalterably; to settle permanently. To found permanently; to erect and fix or settle; as, to establish a colony or an empire.

insure: To make sure or secure.

provide: To procure beforehand; to get, collect or make ready for future use; to prepare.

promote: To forward; to advance; to contribute to the growth, enlargement or excellence of any thing valuable, as, to promote learning, knowledge, virtue or religion.

secure: Free from fear or apprehension of danger.

(1) To set or fix firmly or unalterably a form of Justice; (2) To make sure that there is domestic Tranquility; (3) To procure beforehand, ready for future use, the common defence; (4) To forward (encourage) the general Welfare; and, (5) To make free from fear or apprehension, the Blessings of Liberty.

Of these, two are somewhat ambiguous, unless the on text is understood. How can enactments, for example, make sure that there is domestic Tranquility? Well, that Tranquility might best be described as the absence of government intrusion into our lives, so, it is absence of action rather than action that can produce the intended result. The other is to promote the general Welfare. It doesn’t say provide, therefore, providing the general welfare is not what was intended. Further, it says “general”, meaning creating a wholesome setting for the people to provide for their own welfare. These two, then, would, perhaps, require laws limiting activities of government that would be detrimental to the purposes.

The other three are rather straightforward. Establishing a judicial system that is focused on justice, rather than unconstitutional law. Providing for military protect for the country, should the need arise — it does say “defence”. And, to enact any law that assures that our posterity will enjoy the same “Blessings of Liberty that we intended to enjoy.

So, of these, “necessary and proper” must adhere to the achievement of the objectives. Anything contrary thereto would be unnecessary and improper.

Returning to “Departments and Officers”, the creation of Departments and the Officers within those departments would have to be within the confines of the defining powers of government. For example, if the Bureau of Alcohol, Tobacco, and Firearms, is created under the authority of excise taxes, then it is a tax collection agency, and its sole purpose is the collection of those taxes. Would a law be necessary and proper if it made a criminal of someone who chose to not pay the tax, or would it be limited to collection, not by force, rather, by judicial process, of any taxes owed?

This is the fine line of what the Constitution means. It is left to proper judicial interpretation, and that interpretation was made in the Supreme Court decisions cited above.

The Lopez case determined that the commerce clause was limited in its reach, and that it was encroaching on the rights and jurisdiction of the states to determine whether someone could possess a firearm within a specified distance from a school.

Alden reinforces the authority of the states to retain their sovereignty, if there is not a specific “necessary and proper” aspect to a federal law enacted by the Congress, or a Rule administered by an Administrative Agency.

The Perez case demonstrates the necessity of the judges and justices to interpret the original intent of a legislative act, as intended by the wording in the law, as well as to weigh the constitutionality, the “necessary and proper” aspect of an enactment of Congress, or a Rule promulgated by an agency..

The Commerce Clause

In Federalist Papers 41-46, he provides a thorough explanation of the three branches, their separation, and their powers and limitations. He also points out that there is a distinction between “necessary and proper” (Art. I, §8, cl. 18) and what is “unnecessary or improper”.

As he continues through these six Papers, he raises two questions:

1.  Whether any part of the powers transferred to the general government be unnecessary or improper?
2.  Whether the entire mass of them be dangerous to the portion of jurisdiction left in the several States?

And, into doing, he provides insight into:

[T]he several powers conferred on the government of the Union; and that this may be the more conveniently done they may be reduced into different classes as they relate to the following different objects:
1. Security against foreign danger;
2. Regulation of the intercourse with foreign nations;
3. Maintenance of harmony and proper intercourse among the States;
4. Certain miscellaneous objects of general utility;
5. Restraint of the States from certain injurious acts;
6. Provisions for giving due efficacy to all these powers.

Now, the one that we are concerned with is that dealing with is number 3:

[The Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

In particular, the second, “among the several States”, which he defined, above, as “3. Maintenance of harmony and proper intercourse among the States“.

One of the defects of the Articles of Confederation was that it had no means whereby it could control what one state did with regard to another state, as far as duties or taxes. If a ship came from a foreign port with goods to be delivered to a couple of different ports, in different states, it had an unfair impact on other than the first state visited. For example, if a ship came into New York, and had goods for New Jersey, New York would impose a duty on all of the goods aboard. Then the ship would cross the river to New Jersey, having already paid duties in New York, increasing the price of the goods offloaded in New Jersey.

Vermont and the already created Northwest Territories, being land bound, might be charged anything for any goods transported across any of the coastal states, to get to a shipping port — adding additional costs to those goods. Whereas the coastal states would have not additional charges on their goods.

It was with this problem, already existing, that lead to the inclusion of the commerce clause. Or, to put it in the words of James Madison (FP 42):

The defect of power in the existing Confederacy to regulate the commerce between its several members, is in the number of those which have been clearly pointed out by experience. To the proofs and remarks which former papers have brought into view on this subject, it may be added that without this supplemental provision, the great and essential power of regulating foreign commerce would have been incomplete and ineffectual. A very material object of this power was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter. Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the former. We may be assured by past experience, that such a practice would be introduced by future contrivances; and both by that and a common knowledge of human affairs, that it would nourish unceasing animosities, and not improbably terminate in serious interruptions of the public tranquility.

Now, to extend the ambiguous wording of the clause into means of enacting laws the step upon the toes, or the rights, of the States to determine what is acceptable within their sovereign lands, as, without a doubt, and abuse of the intent of that clause. It violates the very concept of a Union, making the federal government master of all, and the states, masters of naught, at least to the extent that the federal government intends to extend its influence.

So, when that provision for commerce becomes a uniform tax imposed by the federal government (Gun Control Act of 1934), rather than the intended purpose on not letting one state take advantage of another. Then the tax is removed and the act becomes a crime, (as discussed in Massey & The Clash of Laws) which is in opposition to the Texas Constitution and Statutes, we must, if the judiciary will not question what the intent is, and whether the federal “felon in possession” law is within that intent.

As was seen in the court decisions cited above, the Supreme Court does recognize the intent based upon the writings of Hamilton, Jay, and Madison. So, in the name of justice, should the lower court rule, with the wisdom intended, in favor of the Constitution? That is what Madison told us was intended. Thus leaving any challenge to seek an interpretation contrary to the Constitution as a burden on the government, rather than imprison someone, leaving the obligation on this victim of government oppression, the loss of his job, his family, and facing starting over, with the stigma of “convict” attached to his name, if the Supreme Court eventually rules that the law, as interpreted by the government agents, is in error, with regard to any authority granted by the Constitution? Is that not his proper role?

Arizona Misfits
A Bad Operation Gone Worse

Gary Hunt
Outpost of Freedom
August 6, 2015

Part 1- The Characters

Three men from Arizona have been charged with “to intentionally combine, conspire, confederate, and agree together, to possess with the intent to distribute five kilograms or more of a mixture or substance containing a detectable amount of cocaine, its salts, optical and geometric isomers, and salts of isomers, a Schedule II controlled substance, in violation of Title 21, United States Code, Section 841(a)(1) and (b)(1)(A)(ii)(II).”

One of the three has also been charged with, that he “did knowingly possess a firearm, in furtherance of a drug trafficking crime, that is, Conspiracy with Intent to Distribute Cocaine, as alleged in Count 1 of this Indictment, a felony prosecutable in a Court of the United States.

Parris Frazier is charged with both counts. Robert Deatherage (aka Anthony Winchester) and Erik Foster are charged only on the first, cocaine, count.

We will begin with a look at the character of the main players, in this rather interesting story of the arrest of three men, who are professed patriots.

The ringleader was Parris Frazier, of Arizona. He is well known around some of the border operations, though he has been asked to leave some of the groups because he seems to have ideas, expectations, and methods which are beyond the reasoned thinking of those running full, or nearly full, time operations.

He had visited one group, probably the best continually working operation on the Arizona-border, and was asked to leave after three days. He seemed apprehensive, perhaps even scared that something might happen when on an operation and would frequently take a break in the shade, and wait for the others to return. One of the sources described him as possibly bi-polar. He had been known to change moods, without provocation, described as someone who “would go off” in a minute, and then become calm and sedate, in the next minute. Another source claimed that after a few miles, Frazier asked someone to carry some of his gear. Physically, at about 50 years of age, he was not up to the task.

Frazier had gone to the Bundy Ranch, April 2014. While there, if given an assignment, he would take charge and move the others working with him to completion. However, when left in charge in one situation where there was no oversight, he displayed unnecessary and offensive behavior by assuming that some friends of the Bundys, who were retrieving their cattle with cattle trailers, must be BLM and gave them a hard time, without verifying who they were. This was a rather embarrassing situation for the militia, though those competent people in charge were able to reconcile the situation.

It would appear, then, that though a good worker when in charge, he is not a stable leader, nor is he competent, as it appears that he does not think through the situation, or the consequence of his actions. He often talked of “kills” along the border, though most who know him doubt that he has the fortitude or the ability necessary to accomplish such a task. He has bragged about kills while in the service, though it appears that he was in an artillery unit and his entire service was stateside.

More than likely, when he conducts his own border operations, they are simple larks in the desert, with no useful purpose. He might best be described as a “wanna be”. As a result, many patriots within of the border protection community chose to maintain a distance from him.

His behavior is such that he probably has trouble keeping a group together for very long, which would explain why, after the events that led to his downfall began, he contacted someone he had met on Facebook and made an offer for him to join “something big”. Frazier never used any form of vetting before soliciting participants in any activities.

This irrational approach, bringing someone into some criminal activity, whom he had never met, or had never even tried to vet, demonstrates an irrational behavior that is inconsistent with any aspect of leadership requiring discretion.

Next, we have Robert “Rob” Deatherage (aka Anthony Winchester). It appears that he is an adherent to Frazier, committed to some cause but clearly associate with incompetent leadership. He attended Jon Ritzheimer’s Freedom of Speech Rally (Phoenix Muslim event), in full battle gear.

He has claimed to have been shot while working the border, though he has no wound scars to prove this point. He has also claimed to have made “kills” on the border, though this has not been confirmed by any source.

Deatherage has been close to Frazier for years, though there was a split up during the Bundy Affair that was reconciled a few months later. His military experience was in Navy Search and Rescue, though he has claimed to have made “kills” while in the service.

Erik Foster was from Idaho and he came on the Arizona scene about the time he attended Ritzheimer’s Freedom of Speech Rally. He was looking for a group to join, and by chance crossed paths with Frazier, he always has stories and exploits to impress the unknowing. Apparently, Foster felt that this was the group he should join.

Randon Berg was one of the early participants and participated in the first two Operations, which were cash grabs. He has not been charged federally, since he was not a participant in the third Operation (cocaine), though he may not be in the clear under state law. He had been a friend of Frazier for some time.

Frazier was the ringleader, however, he was not a competent leader, and whether he is a patriot is, at best, questionable, as he appears to be more of a gigolo, and has learned to live off of others, as long as he can, and then moves on to the next one. He simply found easy pickings within the patriot community.

The other two, unfortunately, bought a good line, and never seriously thought of the consequences, nor did they do an honest evaluation of the leader they chose to follow.

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

Part 2 – The Introduction

Frazier, Deatherage, and Foster were arrested on July 22, 2015. However, the story begins back in January. Task Force Officer (TFO) John E. Kelly, Federal Bureau of Investigation filed the Criminal Complaint. He acknowledges working “the Phoenix Division FBI Joint Terrorism Task Force (JTTF), squad NS-3, in Phoenix, Arizona. This squad is responsible for investigating many different types of criminal violations including domestic terrorism, weapons of mass destruction, illegal militia activities, and illegal sovereign citizen activities.” We are going to let TFO Kelly tell us most of the story (italicized).

On January 24, 2015, during a “traffic stop” by Customs and Border Patrol (CBP), Frazier began a conversation with the agents. The agents “mentioned that an informal source had been providing them with information regarding illegal border activities, but they could no longer operate that source. FRAZIER expressed his interest in contacting the source so he could use the source’s information to assist in protecting the border.”

Note that the purpose was to “assist in protecting the border”. Note, also, that this was a “traffic stop”. It does not say “checkpoint”. A traffic stop is when you are pulled over by an officer. I don’t recall that this is a common practice of CBP. Is it possible that they had identified Frazier as someone that they had wanted to set up?

On February 11, Frazier received a phone call from an unnamed individual, though identified later as an “undercover employee” (UCE) of the FBI. He claimed to be the “informal source” that had been mentioned on January 11. The conversation was recorded, though we don’t have the recording. However, what we are told is that the discussion went, immediately, to other than “protecting the border”. Parentheticals are from the Criminal Complaint:

In the conversation, the UCE asked what FRAZIER was looking for so he can start looking for jobs. FRAZIER said that he had a small group of Patriots that he trusted and they were trying to take care of (steal) anything that came up out of Mexico (drugs) or was going back into Mexico (bulk cash), but they preferred the cash loads going south. FRAZIER told the UCE that if he provided decent intel on stuff going south (bulk cash), FRAZIER would give the UCE a percentage of whatever is taken. FRAZIER said that his group is a bunch of professionals and none of them are tied up in law enforcement.

It appears that the purpose was to get rich, quick, rather than to protect the border. By this time, Frazier assumed that he was working with a disgruntled cartel member.

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

Part 3 – The First Operation

On March 4, in an in-person meeting, Frazier said that he wanted “cash loads going south”, and that he would give the “source” (UCE) 25% of the take. Frazier offered, “if we (his group) have to dispatch (kill) some people, we will dispatch some people. FRAZIER said that his guys are mercenaries and they just want to rip cash. However, he also said that he planned on killing all of the individuals guarding the cash to ensure that his guys go home at night. In addition, FRAZIER offered to kill anyone that the UCE wanted taken out.”

On March 11, in a phone conversation, Frazier said that “he would like GPS coordinates for the job location so he and his guys can get there before the package shows up. FRAZIER said that when the job does go down, ‘it will be very violent and very quick.’ He said that they can’t leave any witnesses.”

On March 25, Frazier and the “source”, in a phone call, hatch the following plan:

The UCE said he is going with his cousin to drop off a vehicle with $20,000. He said that if that gets taken off, it will make the UCE’s uncle mad at the cousin. The UCE said that if he can get the cousin out of the picture, then the UCE will be able to provide bigger stuff that his cousin will get blamed for. The UCE said that his uncle is making the cousin personally drop off the vehicle with the money. The UCE said that he and his cousin are going to drop off the vehicle and leave it so the backpackers can load it and take it up to Phoenix. The UCE said that FRAZIER and his group can get in the vehicle and take the cash before the backpackers arrive so that it makes the UCE’s cousin look like an idiot.

Between this and the next event, on March 29, Frazier tried to enlist another patriot, though he had never met him and had only communicated with Facebook and Facebook PM (explained in Part 1). The other patriot, wisely, declined.

Now we move into the action. On April 2, we have the following first attempt at seizing a “cash load”, and, perhaps, a demonstration of incompetence:

FRAZIER and an associate [unidentified] attempted to steal money from a staged “cartel load vehicle” that contained $8,000. The attempted cash rip was observed by FBI surveillance and captured by video surveillance equipment outside the vehicle and audio/video equipment inside the vehicle. During the rip, FRAZIER and his associate were dressed in camouflage clothing and were wearing facemasks. They also had on tactical vests and were carrying AR-15 style assault rifles with optical sights. Both individuals were observed searching the vehicle; however, the $8,000 in cash was not taken.

FRAZIER said he and another guy searched the load vehicle but didn’t find anything. The UCE tells FRAZIER that the cartel members found $8,000 in the vehicle but it looked like his cousin had pocketed the other $12,000 that was supposed to be there. FRAZIER explained how he and his guy searched through the vehicle for several minutes.

So, after the bungled operation, and, an interesting deception by the UCE, where he claimed that the “cousin” had taken $12,000 and left $8,000, that Frazier could not find. He was going to set up the cousin and get him in trouble with the uncle, but now we have a story line that would have gotten the cousin in trouble, and possibly killed, if it was really Cartel money. However, Frazier, apparently, didn’t even consider the shift in the story, and, perhaps, realize that something was fishy.

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

Part 4 – The Second Operation

Now, let’s move into something that sounds more like a gangster movie. On April 9, during a phone call, the following transpired:

FRAZIER asked if the UCE had another job for him. The UCE said he might have something coming up soon. FRAZIER said it looked like the UCE was slowly trying to get his cousin out of the way. The UCE said that was correct. FRAZIER said, “How about I lay an offer out on the table that we just get him out of the way for you.” The UCE asked how they would do that. FRAZIER said he has someone that could take care of it if they could be set up somewhere before the UCE’s cousin arrived. FRAZIER said that they could solidify an ongoing business venture from there. The UCE asked if he is going to have to pay them for killing his cousin and FRAZIER responded, “Yeah, we’ll have to definitely get something monetarily out of it.” FRAZIER said that the UCE would then be in a better position and that his guys are the ones to take care of any other competition that may get in the way of the UCE. FRAZIER said he still can’t believe that they missed the money in the last job. The UCE asked if they want to do one more load vehicle and then take care of his cousin. FRAZIER agreed. FRAZIER said that he is offering the UCE a faster route to get rid of his cousin. FRAZIER said that it won’t be cheap, but it won’t be super expensive. FRAZIER said that he and his guys are mercenaries.

So, now, Frazier is the head of some “mercenaries” and has moved on to “hit” jobs, a hired killer. Frazier has probably never fired on a human being in his life, though he has often claimed that he has.

However, on April 19, the opportunity for Operation #2 begins to come into focus, and Frazier will start looking at taking drugs as well as “cash loads”, in a recorded phone conversation.

The UCE asked if FRAZIER is ready for something on Thursday or Friday. FRAZIER said that those days are good and asks if the UCE would have more intel so FRAZIER can be closer, The UCE said he hopes so, but it depended on what way the backpackers go and when he finds out when they can be there. FRAZIER said that after this job they should meet in person to discuss the other thing (murder for hire) because FRAZIER doesn’t want to talk about that over the phone. FRAZIER again said that Thursday or Friday would work for him because that gives him time to take care of some things and to brief up his guys. FRAZIER asked what kind of impact it would have if he had 3 – 5 guys pick off the load (drug load) as well. The UCE said he is still trying to make his cousin look bad so it would be better if they didn’t take the drugs.

On April 23, this Operation was conducted. This time, Frazier and crew got the “cash load” they had been seeking. It began with a phone call:

The UCE asked if FRAZIER was ready. FRAZIER said that they have been ready. The UCE gave him the latitude and longitude coordinates for where they parked the vehicle. FRAZIER verified that there won’t be anyone out there with the vehicle, but there would be people watching them. FRAZIER said that they aren’t really worried about it getting too hot (with the cartel response); they are worried more about LEO (law enforcement officers) than anything else.

Based upon government observation:

FRAZIER and his associate stole $7300 from a staged “cartel load vehicle.” The cash rip was observed by FBI and Phoenix PD surveillance and captured by video surveillance equipment outside the vehicle and audio/video equipment inside the vehicle.

This was followed by a phone call:

The UCE asked how it went. FRAZIER said there was only $7300. The UCE said his cousin must have taken the rest of the money when he was driving the vehicle down there. The UCE said he’s got to sort everything out. FRAZIER told him to do that and then call if he has another job. The UCE said they should meet up to discuss the other thing (murder for hire).

Two people have confided that they spoke with Frazier during this two month interval and he had told them that he was in a motel in Flagstaff, had just ordered two hookers and some pizza, in an effort to recruit at least those two, and then demonstrate that what he was doing was beginning to pay off. Both sources wisely declined his offer.

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

Part 5 – The Third Operation & Bust

It appears that Foster was recruited about this time, perhaps to replace Randon Berg.

Then, in a phone conversation on June 21:

The UCE said he hasn’t been able to get a hold of FRAZIER for a while. FRAZIER said he picked up a job in the Midwest [Flagstaff?] and has been out of town. The UCE said he had everything set up (for the murder for hire) but he was never able to get a hold of FRAZIER. FRAZIER said he had to leave in a hurry for a job and didn’t have his burn phone with him. The UCE asked if they are still going to do stuff. FRAZIER said he was going to ask the UCE the same question. He said he knows they missed the opportunity in California [this is not explained] and told the UCE to tell him if he had any more ideas. The UCE asked if FRAZIER wanted anything else in the meantime while they earned back each other’s trust. FRAZIER asked if the UCE knows of any cash that could be “jumped up on.” The UCE said cash will be hard since it is so hot, but they could do some regular loads that the UCE could buy off of them or sell and then get FRAZIER the money. FRAZIER said they could do that and asked when the next job would be. The UCE said he will start looking. The UCE asked if FRAZIER was willing to take down some loads and FRAZIER said he would like to grab the cash and then wait for the load to show up. The UCE said he won’t be able to get the cash until he sold the load off. FRAZIER clarified that the UCE knew of some loads that they could rip and then get the money from the UCE for the drugs.

So, now we are seeing Frazier getting set up for what turned into the drug possession bust. Then we have a June 28 phone conversation where Operation #3 is beginning to be discussed.

FRAZIER asked what the UCE has. The UCE said he has a load coming up in late July. FRAZIER asked what will be in the vehicle. The UCE said it will be between six to ten kilograms of cocaine, maybe a little more. FRAZIER asked what the UCE is willing to pay for it and the UCE replied that he will pay FRAZIER $15,000 per kilo. FRAZIER said that is good, he just wanted to know the details of where and when with enough time so he could plan. FRAZIER said they will definitely do this one, but then said he wants to talk to his teammates first to make sure everyone was on-board. The UCE said he will be able to pay FRAZIER on delivery of the drugs. They agreed to talk again about it as they get more details. FRAZIER said he is meeting with his group next weekend to discuss everything.

The plan began to come together, as explained in this July 10 phone conversation:

The UCE asked if everything is good. FRAZIER said it is all good on his end. The UCE said that his buddy called him and said he should be driving up the load vehicle on the 19th, 20th, or 21st. The UCE also told FRAZIER that the group will probably use a warehouse located off of Interstate 17. FRAZIER said that works for him. The UCE said he and his buddy would take care of the other guy (entertain the security guard) so FRAZIER didn’t have to worry about him. FRAZIER asked how long he will have for the rip. The UCE said FRAZIER would have some time, but he couldn’t take too long. FRAZIER said he just needs 45 minutes. They discussed finding a place for them to meet up as they got closer to the rip.

More details emerged on July 20, in the following phone conversation:

FRAZIER asked if the UCE has good news for him. The UCE said that the driver will head up to Phoenix on Wednesday (July 22nd ) with the load vehicle. FRAZIER asked what time it will be and the UCE said that they would start driving in the morning and arrive in Phoenix in the afternoon. FRAZIER asked if the UCE has an idea where it will be stashed. The UCE said that it will be in a warehouse area off of I-17. FRAZIER said that is a big area and asked if it would be south of I-10 or north of I-10. The UCE said he doesn’t know yet because they used different places. The UCE asked if FRAZIER was good with it and FRAZIER said yes. FRAZIER said his guys were ready to move right now and they were all good to go. The UCE said he already had the stuff sold off to potential buyers so he could get the money to FRAZIER soon afterward. FRAZIER said that their only concerns are getting the package. FRAZIER said that he already had two spots picked out in the east valley where they can do the exchange with the UCE for the cocaine. The UCE said he will meet up with FRAZIER real quick beforehand and then show FRAZIER the location of the drugs. FRAZIER said that his guys thought it was going down today, but he was good with waiting until Wednesday. The UCE reiterated that he wanted to make sure FRAZIER and his guys (later identified as ROBERT DEATHERAGE and ERIK FOSTER) were good because he has buyers already. FRAZIER asked how much (cocaine) will be there and the UCE said it would most likely be 10 kilos, maybe more. FRAZIER said that was good and they already agreed on a price, so he told the UCE to call him Wednesday morning. FRAZIER said he would meet up with the UCE to have him show him where the drugs are and that his guys will be following them around. He said his guys were ready to go at the drop of a hat. The UCE said he just wanted to make sure it was done nice and professional so they could keep doing it a couple more times in the future. FRAZIER said his guys are good to go. The UCE asked if they’ve done this before and FRAZIER responded that they have. FRAZIER said they’ve done a lot of different things and they have all acquired a body count on different continents. FRAZIER said this will be a walk in the park as long as everything was cool on the UCE’s end and no “heat” was drawn in. FRAZIER said that if “heat” was there, there would be a firefight and that would be the last time they do business together. The UCE said no one will be there.

July 22, 2015, the really big day comes around. Frazier had bought bolt cutters to break the warehouse lock. Everything was a go. He met with the source that morning, in Phoenix,

to discuss final details of the drug rip. FBI surveillance observed FRAZIER, DEATHERAGE and FOSTER follow the UCE in a black Toyota Camry driven by FOSTER to a warehouse located on 39th Avenue in Phoenix, Arizona. The Toyota Camry did not have a license plate on the vehicle. Surveillance then observed the Camry drive around the vicinity of the warehouse for approximately 15 minutes in an apparent reconnaissance of the site. Eventually, the Camry containing all three defendants drove up to the warehouse gate and stopped. Surveillance observed FRAZIER and FOSTER exit the Camry and FRAZIER cut the lock on the gate. FRAZIER and FOSTER then proceeded on foot into the gated area of the warehouse. This gated area of the warehouse was under recorded video observation in addition to being observed by FBI surveillance. While under recorded video observation, FRAZIER gained access to a Hyundai Tucson while FOSTER acted as security. The Hyundai Tucson contained one package of actual cocaine weighing approximately one kilogram and nine packages of cocaine stimulant that also weighed approximately one kilogram each. These packages were wrapped in red plastic wrap and secured with packaging tape. While under recorded observation, FRAZIER grabbed six of the packages, including the one containing actual cocaine. Surveillance then observed FRAZIER and FOSTER proceed on foot back to the Camry where DEATHERAGE was waiting in the driver’s seat. The Camry containing the three defendants, drove away from the warehouse at a high rate of speed. As they were departing, FBI SWAT attempted to stop the Camry by pursuing it in several vehicles all of which were flashing their emergency lights and sounding their police sirens. The Camry didn’t yield and continued to flee from FBI SWAT at a high rate of speed. In the interest of public safety, the chase was called off, but surveillance of the Camry was maintained via an FBI aircraft. Surveillance observed one of the subjects throw a bag out of the window of the Camry in the vicinity of 43rd Avenue and Grand Avenue in Phoenix. This bag was eventually recovered by an FBI surveillance team and contained the six packages that had been removed from the Hyundai Tucson by FRAZIER, including the package containing the actual cocaine. Surveillance continued to follow the Camry and observed it pull into a garage of a residence located at on East Anderson Avenue in Phoenix, Arizona. FBI SWAT then surrounded the residence and called out all of the occupants, including FRAZIER, DEATHERAGE, and FOSTER who were placed under arrest. The fourth occupant was Frazier’s girlfriend, who was renting the property. Signed written consent to search the property was acquired from the Frazier’s girlfriend and during a subsequent search of the residence, and numerous rifles, assault rifles, and handguns were seized as evidence.

What good story doesn’t have a chase scene? However, it appears that Frazier, et al, failed to scope out the area, for surely they would have found the FBI SWAT vehicles, and the all of the other law enforcement personnel.

In the final scene of what now begins to look like a comedy, we have Frazier waiving Miranda (damned dumb), and telling all — on his buddies. Heck, don’t make them work to get a conviction, just hand it over to them.

Oh, yes, that final scene:

FRAZIER was interviewed after his arrest at the FBI building in Phoenix and the interview was recorded on video and audio. After waiving his Miranda rights, FRAZIER admitted to conducting the drug rip at the warehouse with DEATHERAGE and FOSTER and stated they intended to sell the stolen cocaine to the UCE later that day for a total and splitting the money evenly between the three of them. FRAZIER admitted that during the rip, he was carrying a pistol and had his assault rifle stored in the getaway vehicle. FRAZIER also stated that during the rip DEATHERAGE and FOSTER also had assault rifles and pistols in their possession and that these firearms were among those seized from the East Anderson residence. FRAZIER also admitted that near an intersection with Grand Avenue, while fleeing from the FBI SWAT units, they threw a bag out of the passenger side of the Camry and that this bag contained the stolen drugs.

When we look at the players and their very subjective purpose, for personal gain, we have to wonder whether they can be truly called patriots. A patriot is looking to serve his country, not himself. When the proceeds of their activities go into personal pleasures, rather than improving their mission capabilities, they have removed themselves from the cause and demonstrated that they are simply using the claim of patriotism for their own purposes.

There are lessons to be learned with this story, but most importantly, don’t trust anyone until you have done a thorough job of vetting them, including following someone claiming to be a “source” to see where he goes from the meeting, and then to where he goes to spend the night. That extra effort may save you twenty years of your life.

Camp Lone Star – The World Turned Upside Down

Gary Hunt
Outpost of Freedom
July 28, 2015

I believe that the prosecutor, Ass. US Attorney William Hagan, in the K. C. Massey felon in possession matter, is worried. Why would I think that to be the case? Well, Massey recently sat with Mr. Hagan to discuss the upcoming trail. Hagen has some interesting, and rather desperate, thoughts.

We’ll start with the fact that the “has-had” argument (See Camp Lone Star — A Favorable Ruling?) seems to have put him on the defensive. He explained to KC that what he was doing by stopping or detaining illegals at the border was “in or affecting commerce” (from the felon in possession law, 18 U. S. Code § 922 (g)(1). Interesting the illegally entering the country, and/or smuggling people, firearms, and drugs, is considered, by the Ass. US Attorney to be “commerce”.

So, what is commerce? Black’s Law Dictionary, 5th Edition, defines it as:

The exchange of goods, productions, or property of any kind; buying, selling, and exchanging of articles. The transportation of persons and property by land, water, and air [for payment].

So, let’s put some perspective on this — from our own history. John Hancock, and many others, would buy goods at one port, outside of the colonies, and bring them into the colonies. Often, much of the cargo would be off-loaded prior to entry into the port and then the taxes would be paid only on that portion of the cargo that was declared. That portion was “in or affecting commerce”. But, what of the cargo that had been offloaded? Was it “commerce”, which is legal, or was it smuggling, which is illegal? Since they only had tariffs and other fees for the cargo that was off-loaded in port, it was “commerce” and had no criminal penalties associated with it.

However, those goods that were off-loaded elsewhere, well, were consider “smuggled contraband”, and were in no wise considered to be commerce. If the transporter were caught, he would lose the goods, his ship, and, perhaps, serve time in jail.

Commerce, then, is legal transporting. Smuggling is criminal, and is not, in the least, any aspect of commerce. If caught, the property is not transferred to the owner, or the purchaser. It is confiscated by the government, and then sold or destroyed.

So, does 18 U. S. Code § 922 (g)(1) apply to legal transportation only, or does it apply to illegal transportation (smuggling), as well? If it also applies to smuggling, then we need to ask Mr. Hagen, and the government, why when they catch people entering illegal, with firearms or without, if they are in commerce, or not.

But, if we consider that the government doesn’t stop them, rather, they escort them to a bus or train station, sends them around the country to where they are not wanted, gives them our hard earned money so they don’t have to work, thereby rewarding them far better than those who wait, and abiding by the existing immigration laws, which are otherwise not enforced. Perhaps I am wrong, since government, apparently, considers smuggling to be “commerce”.

So, it could be rather confusing to those who think they know the law, as opposed to those who can read and comprehend the English language, and can differentiate between the meanings of words.

However, if we are a nation of laws, as we are led to believe, then should the precise wording of a law be the applicable interpretation? Or, have we become a nation subject to the rule of illiterate, or otherwise politically driven, prosecutors.

Let’s enter another interesting realm based upon the discussion between Massey and Hagen. Mr. Hagen states that Massey was not on the premises where he lived. Now, the discussion centered on whether the premises were the house – the building, or the property that the house was on. Black’s tells us that the estate, the premise, is “the land and buildings thereon”. So, here we have another discrepancy between the law (Texas Penal Code, Section 46.04) applicable in Texas, whereby Massey can posses a firearm, and the federal interpretation. Mr. Hagen says the house, the state law says the “premise”. This was discussed, absent the recent reinterpretation, in Camp Lone Star – Massey & The Clash of Laws.

But, that is not quite the point that we want to make. By Mr. Hagen even suggesting that Massey might have not been charged with a crime if he had been in his house, he also recognizes the validity of the state law. However, since Massey wasn’t in his house, then the feds can charge him with felon in possession (regardless of the wording of that law), because he is not in his house. Is the implication that Texas law would have applied, had Massey been in his house? If so, why would Texas law not apply if Massey were not in his house? And, if it did apply if Massey was not in his house, or on the premises, then it would still be Texas jurisdiction, since the Massey house is in Texas — and, if the feds can assume jurisdiction over any land in Texas, then can’t they also assume jurisdiction in Massey’s house?

Now, let’s visit one more part of the discussion that has to do with “erroneous” statements made during the hearing. This was discussed in a previous article, Camp Lone Star – Act Two: The Contradictions Scene 2: To Detain, or Not to Detain? That is the Question.

Mr. Hagen told Massey that it didn’t matter if the “government agents lied, misspoke, or misrepresented the facts in their testimony, as long as the meat of the story is true”. Let’s see if we can put a perspective on this, and then digest it.

Government agents are trained to observe and report. Some of those agents referred to their notes during their testimony at the March 30, 2015 hearing (referenced in the above link). That hearing was, among other purposes, to justify the procedure used to detain Massey — to make sure that it satisfied the ruling on stops, detentions, searches, etc, based upon Supreme Court rulings. So, what they “misspoke, or misrepresented, in court, at that hearing, were simple “errors” that made what the did appear to be lawful, in accord with the Supreme court rulings, what might have been deemed unlawful, if the truth were told.

Now, if you or I were to lie, misspeak, or misrepresent, under oath, we would be criminal under the federal perjury laws:

18 U.S.C. § 1621: Perjury generally

Whoever – (1) having taken an oath before a competent tribunal, officer, or person, in any case in which a law of the United States authorizes an oath to be administered, that he will testify, declare, depose, or certify truly, or that any written testimony, declaration, deposition, or certificate by him subscribed, is true, willfully and contrary to such oath states or subscribes any material matter which he does not believe to be true; or (2) in any declaration, certificate, verification, or statement under penalty of perjury as permitted under section 1746 of title 28, United States Code, willfully subscribes as true any material matter which he does not believe to be true; is guilty of perjury and shall, except as otherwise expressly provided by law, be fined under this title or imprisoned not more than five years, or both. This section is applicable whether the statement or subscription is made within or without the United States.

18 U.S.C. § 1622: Subornation of perjury

Whoever procures another to commit any perjury is guilty of subornation of perjury, and shall be fined under this title or imprisoned not more than five years, or both.

So, the three important questions are:

1. Was there any testimony on “any material matter” that might have lead to a different determination as to whether the stop, or detention, satisfied the Supreme Court rulings? (§1621)
2. Did Mr. Hagen know that the information provided by the witnesses was misspoken, misrepresented, or a downright lie? (§1622)
3. What would happen to you, or me, if we lied, misspoke, or misrepresented, any material matter, as they did at the hearing?

So, being a nation of laws, or so we are told, we can revisit the words of James Madison, in Federalist #62, when he said, “Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?”

If it is to be known, is it to be known in the language we all understand, or a cryptic language, lacking logic, where the government can change “in or affecting commerce” to the “commerce” of illegal entry and smuggling.

If the federal government recognizes Texas law, if someone is in his house, does not Texas law apply equally throughout Texas, unless the person is on federal land, having jurisdiction ceded by the state?

And, can the (public) servants lie to the master (people), with impunity, and the master be held to the rigid interpretation and application of the law, if he “lies, misspeaks, or misrepresents”?

The British, after the surrender of Cornwallis at Yorktown, played an old tune, “The World Turned Upside Down”. It appears that the people need to begin playing that same tune.

Montana Malfeasance
Jesse Newsom and Writs of Assistance

Gary Hunt
Outpost of Freedom
July 22, 2015

There is little doubt that the government knew that Jesse Newsom was on the road when they chose to serve a search warrant, not on him but on the premise and a vehicle. This will be explained in a subsequent article dealing with his arrest.

Shawn Hill, Special (I always get a kick out of the adjective, as applied to FBI) Agent, out of the Kalispell FBI office, served the warrant on July 10, 2015. The Warrant, signed by Magistrate Judge John T. Johnston, United States District Court, District of Montana, is, as is common with federal warrants, incomplete. There are four check boxes on the form, none of which are checked. Rather, it leaves the discretion to the server of the warrant, much like the Writs of Assistance that James Otis spoke against, about 250 years ago, when the Writs were blanket authority to search wherever they wanted to, for whatever they wanted, and carried no requirement of specificity with regard to what they were looking for. The only difference between then and now is that, now, a judge has to sign the warrant, but that appears to be a “done deal” when the FBI requests a warrant.

The Warrant did have an “Attachment B”, but “Attachment A” was conspicuously missing. Presumably, Attachment A would have been the constitutionally required “Oath or affirmation” providing the “probable cause” deemed necessary to justify the issuance of the Warrant. The Amendment also states, “particularly describing the place to be searched, and the persons or things to be seized.” This Amendment, in response to what the Writs of Assistance were, includes this provision to insure that the warrant is issued to seize only what is known to exist, hence the inclusion of “particularly describing” both place and objects to be seized.

The definition of “particularly” that the Framers of the Constitution and Bill of Rights would recognize can be found in Webster’s 1828 Dictionary. Here is what we find, “particularly – adv. Distinctly; singly.” So, now we can compare what was intended, at least as should be interpreted by both the People and the government, as to the wording in the warrant’s “Attachment B”. We’ll deal with just a couple of the items described to be seized, though you can review the wording of the Attachment and see that there are others that so general as to fall well outside the obvious intent of the Fourth Amendment. (image of Attachment B; text of Attachment B)

The first listed item is:

1. Any and all firearms, destructive device, or ammunition as defined by 18 U.S.C. § 921(a), or any photographs of firearms or ammunition or of persons in possession of firearms or ammunition.

Now, the Constitution recognizes our right “to be confronted with the witnesses against[us]” (Sixth Amendment). What if that “witness” is our own camera, or pictures from friends? Is that a violation of the Fifth Amendment prohibition, “nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law“. And, what of the property that is not criminal in its nature; proof of a crime; or the proceeds of criminal activity? It is taken, as we will see, with a preposterous disregard for personal property rights — that which is supposed to be protected by the Constitution, and not to be taken just because they want to, well, fish.

Fish. Well, why would we use that word? Simply, the other item on the property to be seized raises no possible doubt that the government is “fishing”, an absolute contradiction to the intent of the Framers. From “Attachment B”:

9. Evidence of occupancy, control, or ownership of the property to be searched, including but not limited to, received mail, outgoing mail with a return address, concealed mail, deeds, leases, rental agreements, photographs, personal ledgers, utility and telephone bills, and statements, and identification documents.

I have emphasized some of the items, but to all of them, what possible motive could there be to seize any of the listed items? Are they checking to see if he has permission to live where he lives? Are the concerned that he might not be paying his bills? Why would they want to know who he corresponds with? Federal law prohibits the government from opening mail. Is there a loophole that states that mail is sacred while in the hands of government, but is no longer sacred after it is received, or before it is sent? I can’t find one.

So, now, we can look at what was actually seized and inventoried, during the search.

• item 5 – No trespassing sign
• item 6 – Belt buckle
• item 8 – Black binder [presumably with un-“described papers “contained in the binder]
• item 10 – Camo shirt
• item 11 – Camo hat
• item 13 – Northwestern Energy Bill [concerned about his power usage?]
• item 14 – Camo hat
• item 15 – Camo pants, shirt and belt
• item 16 – Camo Backpack
• item 22 – Rental agreement [are they making sure that he pays his rent?]
• item 23 – Conviction from Washington State
• item 24 – Camo patch
• item 25 – Boots
• item 29 – Camo Clothing
• item 30 – Camo Coat
• item 39 – Catalogs
• item 41 – Camo clothing w/ Newsome [sic] name
• item 49 – Misc. targets
• item 52 – Identification cards and Militia Emblem
• item 56 – 2 empty shotgun shells

Though the other items are related to firearms, ammunition, etc., we have to wonder what those listed, above, have to do with anything that would be evidence of a crime. Power bill and rental agreement, are, perhaps, the most far-fetched. Clothing, boots, binder of paperwork — what role can these play?

According to federal statutes, specifically, 10 U.S. Code §311, Jesse is a member of the United States Militia, by law. And, the statute, though it excludes certain people, does not exclude those convicted of a felony (yes, Jesse has been convicted of a felony, but that will be covered in a subsequent article). So, why would they take clothing and other objects associated with militia? It is their law that binds him to that obligation as United States Militia.

We can only hope that Jesse has some civilian clothes, so that he doesn’t have to run around naked. And, we can contemplate, since many of these items cannot be associated with criminal activity, in any way, that he has been denied his property, “without due process of law“.

Now, I used the term “fishing”, earlier. So, let’s continue the journey into the fishing elements of this story. First, we will consider Mr. “A”. Mr. “A” was contacted by cell phone, while the agents were still at Jesse’s house. Mr. “A” was in town, Great Falls, when he received the call. He agreed to meet them at Jesse’s home. They waited until he arrived and then Special (there we go, again) Agent Mark D. Seyler, out of Helena FBI office, asked him questions, as Mr. “A” told me, they already had answers to. Did you know that Jesse was in a militia, and such. It appears that his “interview” was intended more as a threat, intimidation, or a warning.

From Jesse’s home, they went to the home of Mr. “B”. Here, it was a bit different, as they acknowledged that Mr. “B”‘s “name showed up on paperwork” that was taken during the search. Mr. B. did a good job of playing a government official with many, “I don’t recall”, or “I didn’t know that”. This, I suppose, is the first confirmed catch from the government’s “fishing expedition”. We can little doubt that there are many more names that will come under their scrutiny — to see how many more they can catch.

However, at one point, the agent stated that “about 10% of militia participants might be prone to violence”. They led Mr. “B” to the understanding that they didn’t consider him in that 10% (ha, ha, ha), and it appears that they were, again, attempting to intimidate or discourage Mr. “B”.

From what I have seen in the past, taking paperwork to expand their understanding of the militia networking is a new tactic, and though their pursuit has nothing to do with criminal activity. It is intelligence gathering, by unlawful use of search warrants and intimidation.

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

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

Massey’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.

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

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

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 justice… we 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.

2. 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.

3. 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.