Outpost of Freedom blog

Burns Chronicles N^o 10
Is There a Peaceful Solution?
Redux
Representative Greg Walden

Gary Hunt
Outpost of Freedom
February 22, 2016

In a previous article, “Is There a Peaceful Solution?“, I included a link to a video. Based upon a number of comments, it appears that many decided not to watch the video, instead filling in the answers, for themselves. They continue to assume that there is a peaceful solution to the problems that we are facing in dealing with the federal government.

Understand that Representative Walden spoke to the House of Representatives on January 5, 2016, just 3 days after the Malheur National Wildlife Refuge was occupied, though the occupation had nothing to do with being “armed”; and the day after Dwight and Steven Hammond turned themselves over to the Bureau of Prisons, at San Pedro, California — to serve the harsh sentence imposed by the Appellate Court, not by the trial court.

I have underlined the more significant portions of what Rep. Walden had to say, so that you can fully understand that the administrative agencies tend to ignore the laws enacted in accordance with the Constitution, by that branch that has the sole authority to enact laws. The specific wording of that provision of the Constitution:

Article I, Section 1:
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

For those who believe that there is a peaceful solution, I can only ask, “Just how do you propose to achieve that solution, when the laws are ignored by the government, when they choose, and misapplied (as in the Hammond case) when they choose?”

* * *

Mr. Speaker, I am sure my colleagues are aware of the situation in Harney County, Oregon, where a group of armed protesters have overtaken a Federal facility in the Malheur National Wildlife Refuge.

This group is led largely by people who are not necessarily from Oregon, although they obviously have supporters from Oregon. They were originally there to protest the sentencing of Dwight and Steve Hammond.

I know the Hammonds. I have known them for probably close to 20 years. They are longtime, responsible ranchers in Harney County. They have been sentenced to prison not once, but now twice. I will get into that in a moment.

The point I want to make at the outset is for people in this Chamber to understand what drives people to do what is happening tonight in Harney County.

I have had the great honor and privilege to represent Harney County for a number of years. I have seen the impact of Federal policies from the Clinton administration to the Obama administration. I have seen what happens when overzealous bureaucrats and agencies go beyond the law and clamp down on people. I have seen what courts have done. I have seen the time for Congress to act and then it has not.

I want to put this area in perspective because I think it is really important to understand how big this region is. By size, my congressional district in Oregon is something like the seventh or eighth biggest in the Congress. If you overlaid it over the east coast, it would start in the Atlantic and end in Ohio.

The county where this occupation is taking place–Harney County–is over 10,000 square miles. There are 7,000 souls inhabiting it. If my math is right, that is one person for every 1.4 miles. One person for every 1.4 miles.

Just this one county is 10 times the size of Rhode Island. It is larger than the State of Maryland. And 72 percent of it is under the command and control of the Federal Government.

It is the public’s land. That is true. But what people don’t understand is the culture, the lifestyle, of the great American West and how much these ranchers care about the environment, about the future, about their children, about America, and how much they believe in the Constitution. Now we see the extent they will go to in order to defend what they view as their constitutional rights.

***

But, I want to talk about what happened with the Hammonds. I want to put in perspective what happens almost every year in my district. That is these enormous wildfires.

The Miller Homestead Wildfire in 2012 burned 160,000 acres, mostly in this county, if not all; 250 square miles, a quarter of the size of the State of Rhode Island. That was just in 2012.

The Barry Point Fire that year, in Lake County, next door, burned 93,000 acres. Last summer alone, we burned 799,974 acres across Oregon; that is both forest and high desert. In 2012, 3.4 million acres burned in Oregon.

There was another fire in Malheur County. The Long Draw Fire, in 2012, burned 557,000 acres, five times the size of Rhode Island. So 93,000 acres, 557,000 acres, 160,000 acres, all burning.

The Hammonds are in prison tonight for setting a backfire that they admit to, that burned 139 acres, and they will sit in prison, time served and time going forward, 5 years, under a law that I would argue was never intended to mete out that kind of punishment, and I will get to that in a moment.

***

When Secretary Babbitt, the Interior Secretary at the time, came before the House Resources Committee, of which I was a member, I said, Mr. Secretary, your own resource advisory committees in the area just reported that there was no need for additional protection on Steens Mountain, and yet, you and the President are threatening to create this national monument. Why do you waste the time of the citizens to go through a process to determine if additional protections are needed and then ignore what they came up with?

To Bruce Babbitt’s credit, he agreed when I told him: I think you would be surprised about what the local ranchers and citizens of Harney County would be willing to do if you give them a chance. To his credit, he said: All right, I will give them that chance. And, he did.

We went to work on legislation. It took a full year. I worked with the Hammonds. I worked with Stacy Davies, I worked with all kinds of folks, put a staffer on it full-time, multiple staffs, and we worked with the environmental community and others. And we created the Steens Mountain Cooperative Management and Protection Act, model legislation, never been done before, because I said: We don’t have to live by past laws, we write laws.

So, we wrote a new law to create a cooperative spirit of management in Harney County. The Hammonds were part of that discussion. We saved a running camp, Harlan Priority Runs. We protected inholders. We tried to do all the right things and create the kind of partnership and cooperation that the Federal Government and the citizens should have.

Fast forward on that particular law. Not long after that became law, and it was heralded as this monumental law of great significance and new era in cooperation and spirit of cooperation, some of those involved on the other side and some of the agencies decided to reinterpret it. The first thing they tried to do is shut down this kids’ running camp because they said: Well, too many, maybe more than 20, run down this canyon and back up, as they had for many, many years. They wanted to shut it down. So we had to fight them back and said, No, the law says historical standards.

Then the bureaucrats, because we said: You should have your historical access to your private property, if you are up on Steens Mountain, you should maintain that access like you have always had it. Do you know what the bureaucrats said? They began to solicit from the inholders in this area: How many times did you go up there last year? You see, they wanted to put a noose around the neck of those who were inside. That was a total violation of what we intended and we had to back them off.

See, the bureaucracy wants to interpret the laws we write in ways they want, and in this case, they were wrong, not once, but twice.

Then, a couple of years ago, I learned that, despite the fact we created the first cow-free wilderness in the United States under this law, and said clearly in this law that it would be the responsibility of the government to put up fencing to keep the cows out, as part of the agreement, the Bureau of Land Management said: No, we are not going to follow that law. And, they told the ranchers they had to build the fence.

I networked with my Democrat colleague from Oregon, Mr. DeFazio, who was part of writing this law. I said: Peter, you remember that, right? He said: Yeah, I didn’t like it, but that was the case. BLM still wouldn’t listen. So, we continued to push it and they argued back.

Well, it turns out there had been a second rancher who brought this to my attention who they were telling had to do the same thing, build a fence, when the government was supposed to under the law I wrote. The arrogance of the agency was such that they said, We don’t agree with you.

Now, there aren’t many times, Mr. Speaker, in this job when you can say I know what the intent of the law was, but in this case I could because I wrote the law, I knew the intent.

Oh, that wasn’t good enough. No, no, no. No, no, no. The arrogance of these agency people was such that we had to go to the archives and drag out the boxes from 2000, 1999-2000, when we wrote this law, from the hearings that had all the records for the hearings and the floor discussions to talk about the intent. And our retired Member, George Miller, actually we used some of his information where he said the government would provide the fencing. They were still reluctant to follow it. So I put language in the appropriations bill that restated the Federal law.

***

This is a government that has gone too far, for too long. Now, I am not condoning this takeover in any way. I want to make that clear. I don’t think it is appropriate. There is a right to protest. I think they have gone too far. But I understand and hear their anger.

Right now, this administration, secretly, but not so much, is threatening, in the next county over, that looks a lot like this one, Malheur County, to force a monument of 2.5 million acres, we believe. I think this is outrageous. It flies in the face of the people and the way of life and the public access.

***

We have fought other issues. More than half of my district is under Federal management, or lack thereof. They have come out with these proposals to close roads into the forests. They have ignored public input. They often claim to have all these open meetings and listen to the public, and then, in the case of Wallowa-Whitman, the forest supervisor who was eventually relieved because of this, I believe, completely ignored all the meetings, all the input, all the work of the counties and the local people, and said: Forget it, I am going my own direction.

There were 900 people that turned out at the National Guard Armory where they had a public hearing, standing room only and beyond, furious.

You see, how do you have faith in a government that doesn’t ever listen to you? How do you have faith in a government that, when elected Representatives write a law, those charged with the responsibility of implementing it choose to go the other direction and not do so? That is what is breaking faith between the American people and their government, and that is what has to change.

The other thing that has to change, the law under which the Hammonds were sentenced. Now, they probably did some things that weren’t legal. I have given you the size of the acreages that burned naturally. I haven’t gotten into the discussion about how these fires are often fought and how the Federal Government frequently will go on private land and set a fire without permission to backburn. That happens all the time.

In fact, in the Barry Point Fire down in Lake County, they set fire on private timberland as a backburn while the owners of the property were putting out spot fires down in the canyon. I drove down there afterwards. They are darn lucky to have come out alive.

There was nobody sentenced under the terrorism act there. Oh, heck no. It is the government. They weren’t sentenced. Nobody was charged. Oh, it just happened.

Now, fires are tough to fight. I have great respect for firefighters. There are always two sides on how these fires get fought. But I can tell you, a few years back in Harney County, because I went and held a meeting out there right as the fire was being put out, that the fire crews came in, went on private ground, lit a backfire on private ground, behind a fence line, that then burned out the farmer’s fence, the rancher’s fence, and burned all the way over and down into a canyon where there was a wetland, which would have been the natural break to stop the fire from the other side. You see, they never needed to burn that land.

These things happen in the course of fighting fire. It doesn’t mean they are right. But rare is it that somebody ends up 5 years in prison.

Let me tell you what the senior judge said when he sentenced the Hammonds the first time, Judge Michael Hogan, senior Federal judge, highly respected in Oregon. He sentenced Dwight Hammond to 3 months and Steve to a year. There were different offenses here.

He said, “I am not going to apply the mandatory minimum because, to me, to do so, under the Eighth Amendment, would result in a sentence which is grossly disproportionate to the severity of the offenses here.”

The Judge went on to say, `”And with regard to the Antiterrorism and Effective Death Penalty Act of 1996, this sort of conduct would not have been the conduct intended under the statute.”

“When you ask, you know, what if you burn sagebrush in the suburbs of Los Angeles, and there are homes up the ravines, it might apply. Out in the wilderness here, I don’t think that is what the Congress intended.”

“In addition, it just would not meet any idea I have of justice proportionality. It would be a sentence which would shock the conscience, to me.”

Senior Judge Mike Hogan, when he did the original sentencing.

But, you see, under this 1996 law under which they were charged and convicted, it turns out he had no judicial leeway. He could not mete out a sentence that was proportionate to what the crime was.

So yesterday, Dwight and Steve went to prison again. Dwight will be 79 when he gets out. Steve will be about 50.

Meanwhile, in Harney County, on the ranch, Susie will continue to try and survive; 6,000-acre ranch, she needs grazing permits to make this happen. It would be a cruel and unjust act, by the way, if access to those grazing permits that allow that ranch to work were not extended. What possible good could come out of bankrupting a grandmother that was trying to keep a ranch together, while the husband sits in prison, her son sits in prison? What possible good?

They will serve their sentences. There is nothing, short of clemency that only the President can offer, that we can do. But we can change that law, and we should, so that nobody ever is locked in like that for a situation like this, where a senior judge, literally, on his final day on the bench, says this goes too far, it goes too far. They appealed that, by the way, and lost. But I believe that the judge was right.

***

They are good people. Their sons and daughters, by a higher proportion, fight in our wars and die, and I have been to their funerals. So to my friends across eastern Oregon, I will always fight for you. But we have to understand there is a time and a way. Hopefully the country through this understands we have a real problem in America: how we manage our lands and how we are losing them.

It is not like we haven’t tried here, Mr. Speaker. Year after year we pass bipartisan legislation to provide more active management on our forests so we don’t lose them all to fire, and we are losing them all to fire. We are losing firefighters’ lives, homes, and watersheds–great resources of the West. Teddy Roosevelt would roll over in his grave. He created this wildlife refuge in 1908.

There were some bad actors there in the 1980s, by the way. They were very aggressive running the refuge, threatening eminent domain and other things that took ranches. It was bad. That lasted for at least a decade or more. It has gotten better though. It is not perfect. There is a much better relationship, and the refuge and the ranchers work closer together. In fact, during this fire in 2012, the refuge actually opened itself up to the ranchers for hay and feed because theirs was burned out because of this big fire. So there was a better spirit there.

But there are still these problems: the threat of waters of the U.S. shutting down stock ponds and irrigation canals and a way of life, the threat of fire every year that seems to not be battled right and just gets away, and no one is really held accountable; the continued restriction on the lives of the men and women who, for generations, have worked hard in a tough environment. It has just gone too far. It is hurtful.

I hope people understand how serious this is felt and how heartfelt this is by those who pay their taxes and try and live by the law and do the right things and how oppressed they feel by the government that they elect and the government they certainly don’t elect, and how much they will always defend the flag and the country, and their sons and daughters would go to war, some will not come back–and they have not from this area.

… The BLM needs to make sure Susie Hammond isn’t pushed into bankruptcy and has her ranch taken by the government and added to those that have been. We need to be better at hearing people from all walks of life and all regions of our country and understanding this anger that is out there and what we can do to bring about correct change and peaceful resolution.

It is not too late. We can do this. It is a great country. We have the processes to do it right.

Mr. Speaker, I yield back the balance of my time.

* * *

The peaceful solution, then, should be solely those laws enacted by the Congress, such as the Steen Mountain legislation that Mr. Walden spoke of. The Executive branch is to carry out and enforce those laws. Though, as we have seen, they choose to interpret them other than the wording or the intent of those laws lawfully enacted.

Further, the agencies are empowered to adopt rules. To do so, they are to publish those proposed rules in the Federal Register and hold public hearings on the proposed rule. Now, this is just a bureaucratic trick. The hold the hearing, and regardless of the input by the public, the agency, once they have held the hearings, have satisfied the requirement. Then, they adopt the rule, even if 100% of the public input is contrary to the rule.

So when we realize that the legislative branch is without any constitutional authority to assure that they laws they pass have become “the supreme Law of the Land” (Article VI, clause 2), then we are at the mercy of the interpretation, or rules, of the agency that administers those laws.

With that in mind, let us return to the question:

Is there a peaceful solution?

Burns Chronicles N^o 5
The Burns Community

Gary Hunt
Outpost of Freedom
February 8, 2016

I arrived in Burns, Oregon on Sunday evening, January 24. After checking into the Silver Spur Motel, I drove down to the Refuge. At the gate (a truck blocking the roadway into the building complex), I was questioned. I mentioned both Ryan Payne and Ammon Bundy, as they both knew that I was coming up to write some articles about subjects peripheral to the story that was currently hitting the news, social media, and anywhere a listener or reader could be found. Unlike Waco, where fax networking was the patriots’ media, this modern age has made information access a whole new world. I was more interested in the back stories than what was readily available.

After a few radio calls, I was escorted down to the Admin building, then directed to MOB (Militia Operational Base), where I found Ryan. I was welcomed, warmly, and assured that access would be less difficult, in the future. It was mid-evening, so I returned to Burns and got a good night’s sleep.

I had picked up an ATT phone on the way up, but was unable to “initiate” it, so the next morning, having learned that only Verizon service is available at the newly named Harney County Resource Center (HCRC), I went to the local Verizon store and purchased a phone and a month’s worth of unlimited calls.

While waiting for nearly an hour to get my phone, another man that was waiting for service went outside to have a cigarette. I joined him and asked if I could interview him regarding what was happening in Burns. He agreed, so I got my recording out of the truck, and began my first, and only recorded, interview. His name is Chuck, and he had lived in and around Burns for over forty years. He drives a truck for a living.

When asked what he thought about what was going on down at the Refuge, he said, “I think those guys are on the right track.”

What about what is going on here in Burns? “I stopped at the airport yesterday and got treated like I was flying the ISIS flag, when I drove up there.”

Same thing when I went to the Courthouse. All I wanted to do was talk to a state cop. I had a horse missing. I had guys pointing guns at me; FBI agents pointing guns at me. I said, ‘Guys, I’m not packing’. They wouldn’t back off. You probably won’t print this, but they are a bunch of assholes. They need to back off from treating us locals like we’re gonna shoot them… I don’t want to be treated like an outlaw just because I live in this town.”

I asked him about the influx of Oregon State Police and the Sheriff’s deputies from other counties. He said, “They need to go home. I don’t want to be paying these federal agents and all these extra County Sheriffs and all of the State Police, when those guys out there are on the right track. All they need to do is go out and talk to them. We just don’t need them.”

I asked him if he believed that the federal government ever gave in, once they had made up their mind. He answered, “I don’t think so. If the jerk-off in the White House would just release the Hammonds, like he has done with all of the drug dealers and all the other federal prisoners — just sign a pardon. All they did is light a fire to protect their ranch. Just sign a pardon and let them go. This would all settle down.”

What about the aspect that those at the Refuge want the land to go back to the people? “I think that is where it ought to be. Not only in the Refuge, but in the Forest Service, and the BLM. I go out here and try to ride my 4-wheeler, I can’t. Cause every time I jump my 4-wheeler out of the back… Here’s the BLM cop telling me he’s gonna write me a ticket; because I’m going to ride me 4-wheeler on public land.”

You’ve seen the signs that say, ‘Enjoy Your Public Lands’, haven’t you? “No, no, not in this county. I’ve seen them. They’re bullshit. You wanna camp, you have to camp in one of their campgrounds that you gotta pay them to camp in. Then, they come and harass you. You can’t go to the woods anymore, cause they burned all the timber off, so now they got it all blocked off so they can do their experiments, or whatever the hell they are doing up there.”

Did they burn some timberland here, in Harney County? “Oh, hell yea. They let the first get away, and then they come in and build backfires twenty miles away from the fire that was going. And, the two fires never, ever, got together. Thousands of acres have been destroyed by the Forest Service. One time, they brought in firefighters out of Georgia and they went out and built backfires along the roads, twenty miles from the original fire. They didn’t even fight the fire. And, they burned all of the timber off. I think they burned the timber off because they don’t want any logging. It’s not job security for these loggers to go out and log it. If they log it, we don’t have wild fires. We used to log this country and keep that timber thinned out and moved back, and the brush was kept down. Them loggers would replant, but they never clear cut. They go out and selective cut after the Forest Service marked the trees they wanted out. And, they would go out and they would cut them, drag ’em out, knock the brush down. We didn’t have fires. Now, we don’t have loggers, but we got fires everywhere; All the time.”

He continued, “There was a big fire out here towards John Day. It burned all of that country off, cause it hadn’t been burned in fifty years. The Forest Service just won’t sell the timber. If they won’t sell the timber, the loggers can’t have it. What’s the Forest Service got to do with selling timber? They don’t own those trees. It belongs to us. They won’t sell the timber. The timber revenue used to pay for our schools. There is no timber sold, anymore. There ain’t no logging goes on here. The mill is shut down, it’s gone.”

What do you know about ranching and cattle?

“I know a little bit about it. Most of the ranchers around here, they deal with them, because they have to.

I’ve lived here my whole life. I like to take my 4-wheeler out and ride. And, I can’t, anymore. That’s what’s got me siding with the guys at the Refuge. The Forest Service and the BLM are the gardeners that we hired to take care of our garden. They are not the law enforcement, they don’t own it. And, they need to quit telling me what to do on our property. They should just go out there and tend to our trees, go out there and tend to our water holes, make sure that grass is growing, and shut the hell up.

“It’s really not just my 4-wheeler, it’s that they think they own it. Many years ago, the first Forest Service cop I saw, she was in the county parade. She’s riding a horse and all Ramboed up; guns, tazers, all the Rambo BS, and she’s setting on a horse, and I asked her, what the hell does the Forest Service have that’s worth shooting somebody over. And, she says, ‘Well, I have to protect myself.’ So, I said, ‘Well, if you weren’t an asshole when you walked up to someone in the woods, you wouldn’t need protection. You wouldn’t need a gun to protect yourself. If you walked up to someone who was cutting a tree down, to burn in their house, and you weren’t a jerk about it, you wouldn’t need protection, you wouldn’t need a gun.

“It’s like these jerks up here. You know, treating me like I’m an outlaw walking up to the Courthouse. That’s my Courthouse up there. I paid for that Courthouse and the Sheriff’s Office. I can’t even go to the Sheriff’s Office. Can’t get anywheres close to it. I pay that guy’s wages. I pay for his building, I pay for his heat, we pay for all of that. But, we can’t go up there, because that idiot FBI agent has got it all surrounded. They challenge me with automatic weapons. They’ve got it surrounded up there. You can go to the Courthouse, but you got to get through FBI agents to get into the Courthouse. The Sheriff’s Office is right behind it, but you can’t go to the Sheriff’s Office. That’s my Sheriff, and I had a horse out. I went to the Sheriff’s Office to see if see if I could just get somebody on patrol to just watch out for it. State cops, and the Sheriff’s deputies. I wanted to talk with the State Police, but I had to have the cop come outside of the barricades to talk to me because I couldn’t go inside of the barricades to talk to him. A cop that I’m paying for. It’s horseshit, it is all horseshit!”

What about Judge Grasty? “He needs to be in the Sheriff’s jail. I don’t know him all that well. I know who he is.”

I did interview others, though more informally. At restaurants, standing in line at the Safeway, and a couple of them just stopping someone on the street.

The interview with Chuck is consistent with most of what I heard. There were some common aspects, as everybody I interviewed had no problem with what was happening 30 miles away, whether they agreed with what they were doing, or not. Thirty miles distance had no effect on the Burns community, except a little additional business, such as more outsiders in the motel and at the local diners.

Their concerns, apprehension, and “fear”, as expressed by Sheriff Ward, had nothing to do with those at the Refuge. There was concern over the FBI and multitude of Sheriff’s deputies from other counties coming into their community, setting up barricades, and otherwise the presence of so many law enforcement people in town. However, the greater concern seemed to be the number of people walking around their otherwise peaceful community, armed. These would be those who professed to keep things peaceful, and avoid another “Waco” at the Refuge, while arrogantly walking the streets, almost like the gunfighters of the past, though holstering automatic pistols instead of Six-guns.

Though both sides blamed the peaceful occupants of the Refuge, they chose to impose upon the community rather than direct their efforts at what they claimed to be the problem, or those to be protected.

When I asked if they had been to the Refuge, most answered that they already had, or that they intended to go down and meet the people that were standing up for their rights.

Burns Chronicles N^o 4
Stand Up; Stand Down

Gary Hunt
Outpost of Freedom
February 7, 2016

On the morning of January 26, 2016, I traveled to the Harney County Resource Center (HCRC), formerly known as the Malheur National Wildlife Refuge, from Burns. I had arranged to get the necessary information for some articles I intended to write.

When lunchtime came, I went to the mess hall. The Sharp Family had just begun with one of their songs, and I saw Ammon Bundy sitting with others at a corner table. I walked up and asked if I could sit at that table, and Ammon, graciously said, “Yes, please sit down.”

I had spoken with Ammon a number of times, in the months prior, though we had never met. As I introduced myself, I realized that he had been looking forward to our meeting, as I had.

We discussed the stories I intended to write, and he was fully supportive of the story lines, especially the one that would be about the people of Burns and their reactions to certain events, both in and out of town.

Before I left, the Sharps began another song. I had heard audio tapes of their singing during the Bundy Affair, but they didn’t compare to the live performance I heard that day.

After lunch, I located Ryan Payne. We had spent over a week together in November finishing a PowerPoint Presentation for Committees of Safety (CoS). This presentation had been used to explain the concept of CoS to some of the residents of Harney County. They then formed their own Harney County Committee of Safety.

I gave Ryan an inscribed copy of a biography of Robert E. Lee, which now still sits where he placed it. I had also forgotten to bring long johns, and needed some bottoms. Ryan went to the storeroom and retrieved a pair, explaining that they were from the delivery made through III Percent Patriots, just a few weeks before.

Both Ammon and Ryan had expressed their interest in the upcoming meeting at John Day, Grant County, and another meeting with Grant County Sheriff Glenn Palmer. Little did we know, then, what was soon to come.

I returned to my room in Burns and began writing. About an hour later, I received a phone call that reported that there had been a shooting and that LaVoy Finicum and Ryan (later to learn it was Ryan Bundy, not Ryan Payne) had been shot. About 15 minutes later, after some confirmation of the shooting, I headed back down to the HCRC. Realizing that most of the leadership at the HCRC was traveling to Grant County, and recognizing that it was imperative that some additional forces might be necessary to retain the public lands open to the public, I picked up my role of Public Relations for OMD. We had previously discussed and approved a call out to bolster the efforts at the HCRC. We felt there was time to prepare a call out, but suddenly, that call out became imperative.

I contacted my team (not a part of OMD, rather some wonderful, unpaid, people that assist me in research, audio/video editing, and other mundane tasks) and began dictating a call out, as I drove the thirty-three miles to the HCRC. Though not properly proofread, it was prepared and the remaining requirement was to get affirmation from those at the HCRC — that they wanted their forces supplemented.

Upon my arrival, I found a number of team leaders and other higher-level members discussing the shooting, the determination to hold their ground, and a refusal to accept orders from outside. It seems that a lot of people calling the individuals tried to talk them into abandoning their mission. I asked if they wanted a call out, and to a man, they said, “Yes”. So, I instructed my team to spread that dictated call out around the Internet. It was sent out at 7:56 PM PST, January 26, 2016:

From Gary Hunt, Outpost of Freedom in Burns, Oregon.
Attention all Oathkeepers, Idaho Three Percenters, Pacific Patriots Network, especially Brandon Curtis, Joe Rice, Eric Parker, and Stewart Rhodes.

This is a call-out to the membership of Operational Mutual Defense (OMD) and friends.

You have an obligation to proceed to the Harney County Resource Center (the wildlife refuge), immediately, in order to protect the patriots still there. If you fail to arrive, you will demonstrate by your own actions that your previous statements to defend life, liberty, and property were false.

To members of Operation Mutual Defense, this is an emergency. The purpose of Operation Mutual Defense is to respond to overbearing actions by the federal government that has become threatening to life, liberty, or property. Lavoy Finicum has been murdered by the FBI, and Ryan Payne [Bundy] has been shot.

They were en route to a meeting where had been invited by the Grant County sheriff to address the citizens in Grant County, a peaceful mission.

The time for all good men to come to the aid of their country has come — to the Harvey County Resource Center, which is 30 miles south of Burns, Oregon.

Stand by your oath. God Bless America.

You will note that it was directed at certain organizations present in Burns since January 2, or earlier. Though we didn’t know what the government’s next step would be, time was of the essence. There were a number of members of those organizations just 30 miles away, and they were absolutely necessary if the HCRC was to be held. They were present in order to discourage a “Waco type” raid, according to all of their public statements.

In my haste to get to the HCRC, I had failed to take my computer. I had mail lists that went to upwards of 800 people, and getting the call out to them was imperative. The “hot spot” at the refuge was no longer active, but efforts were being made to get it reestablished, so I opted to return to Burns to get my computer. When I returned to HCRC, I learned that women and children, as well as many of the men, especially from those organizations, had left. However, there was hope that they would soon be replaced by some of those who had been staying in town.

I had stopped at the bridge on Sodhouse Lane (the road to the HCRC) where a front-end loader had been placed on the bridge to prohibit traffic. Jason Patrick was there, as was a wonderful “young” lady named Barbara Berg. I found that the hotspot had not been restored, so I decided to wait in the press area (west of the bridge) and assist Jason in coordinating interviews with the various press. This task ended up going until about 7:45 the morning of the 27th.

Shortly before, a press crew had come in and said that a roadblock had been set up on SR 205, the direct route to Burns and the last of the available roads out from the area. They had been told that once you go out, you could not return.

At about 7:45, a lady from ABC called the press together and explained that she had received a call from the FBI. They had told her that there were “armed forces” on each side of us, and that the FBI could not provide for anyone’s safety, unless they left the area.

About that time, a friend called and said that she had been told that I would be assassinated when I left. I knew that the government did not like my writing, but I shrugged off the warning. However, that message remained in my mind and created a bit of apprehension.

I had intended to go to the Narrows (restaurant, store, and campground) about six miles west and cover what I could from there. Instead, I decided that I might be better off returning to Burns, though I was still a bit anxious about the message. I determined to place discretion ahead of valor, and return to Burns.

I asked one of the press members who I had spoken with, before, if I could leave with him so that there was someone present if the rumor were true. He said that he could not ethically do so, but informed me that he would be leaving shortly.

Most of the press proceeded to the Narrows, where he and I also went. When he was ready to leave, I pulled out behind him. At the stop sign, he remained conspicuously longer than necessary, so I pulled around him as he nodded at me.

As I approached the checkpoint, I saw that the woman in front of me had gotten out of her car, held up her hands, and walked toward the motioning agent. I was behind her about 50 feet, where the first stop was implemented. I removed my bulky jacket, not wanting to appear to have any place in which to hide weapons.

Finally, her car was driven forward by an agent, and I was motioned to the next stop. I arrived with head and hands out the window, except to the extent that I had to steer the truck. I then exited, walked across the road, then forward, hands raised, to the awaiting agent. I was patted down, asked my name, did I have weapons, and showed identification. He asked if I was press, I told him yes, he asked for my press credentials, I told him they were on the dashboard of my truck. Another agent verified that they were there.

Then, on to what was referred to as “Clearance #1”, where I was again questioned. By then, I was shivering; perhaps both from cold and apprehension, and the agent asked if I wanted a coat out of the truck. I affirmed, and as the agent drove my truck by, I was able to retrieve both coat and hat.

My truck, again, left me, and I was escorted up to “Clearance #2”, where I stood and talked with the agent. He was from the mid-west, and I asked him where he was staying. He said he had just arrived and immediately went on duty.

Finally, he received a report that I had passed clearance at #2, and I was allowed to go to my truck and drive up to “Clearance #3”.

At #3, I found that the agent was from “up north”, and had not stayed in Burns. So, it appears that they were deployed from their home bases directly to duty. This would explain why there were so few battle dressed agents staying in Burns or at the airport.

While waiting for my final clearance, the reporter behind me was passed through, drove around me and up the road. About 600 feet up, he stopped, and both he and his partner got out and took pictures, showing that I was still alive at Clearance #3, and the last of the checkpoints.

However, his passing me was a cause for apprehension. This was heightened when the next vehicle behind him was cleared and drove by me. I had been at #3 for almost twenty minutes, when I was finally cleared when he repeated what had been transmitted through his radio, “White hat is cleared”, and allowed to continue on toward Burns. A total of fifty minutes, filled with rising anxiety, and finally relief.

I had agreed to an interview with a reporter, in exchange for lunch, but first, I had to attend a press conference at eleven o’clock. After the press conference, we did the interview, and I returned to my room and a mountain of phone calls. After returning the calls, I was finally able to, after 34 hours, lie down and get some sleep.

When I awoke, I found that nobody had shown up at the HCRC to bolster the force, and even worse, that more had left. Concerned that many might be driving toward Burns, and not sure how long the few remaining there (down from the 8 or 9 that had been there at last report), I realized that circumstances, as they were, could not be improved by additional people arriving, with no place to report to, and the final door being shut. That 12-hour window when people could easily enter the area was closed. So a stand down was in order. I sent out the following at 9:21 PM PST January 27, 2016.

From Gary Hunt, Outpost of Freedom
In Burns, Oregon

Based on existing circumstance, support is too late, and would be dangerous, or at least result in your arrest if you attempted to get into the Refuge.

As I left the Refuge, this morning, troops were still arriving, according to those I talked with were arriving from various points as far east as Iowa, and further north. They appeared to have been staged at their home bases until they deployed directly to their field assignments. My estimate of perimeter troop strength would be 200-300, and one of these that I spoke with explained that he was “external perimeter”; they had even developed a protective perimeter concept, so that there were two lines that had to be overcome to gain entry.

At this point any effort to provide support for those inside by joining them would serve no useful purpose, and would be a fool’s errand.

OMD is currently working with others to establish a foundation upon which to build, so that the work begun in freeing public lands can be completed.

Burns Chronicles N^o 1
Introduction

Gary Hunt
Outpost of Freedom
February 2, 2016

This is the first of a series of articles about the events surrounding the investiture of the Malheur National Wildlife Refuge administration buildings by a group headed by Ammon Bundy, son of Cliven and Carol Bundy. The Bundys are well known for the events in Nevada that played out in April 2014. In that incident, the Bundys, along with hundreds of other patriotic Americans, went beyond “civil disobedience” and entered the realm of “civil defiance”, defying, with arms, the intrusion of the Bureau of Land Management into the long time operation of the cattle part of the Bundy ranch operation – denying rights that had existed for years and denying them their pursuit of the family business.

Though this writer only spent five days in Burns, he was able to meet many of the key players on the side of the patriots, some townspeople from Burns, and some of those who gathered, on one side or the other, to observe, or attempt to affect, the ongoing activities.

As the world knows, the events neared completion when the motorcade, on a peaceful mission to a community meeting in John Day, Grant County, Oregon, met the undue wrath of the federal government, and local and state law enforcement, resulting in the death of Robert “LaVoy” Finicum and the arrest on rather interesting charges of 11 participants of the activities at the refuge.

In an effort to be as factual as possible, many witnesses still have to be interviewed to ensure that what will be written is as factual as possible. Due to the rampant, and most often unsubstantiated, rumors in social media, those stories that will follow should finally put to rest many of those false claims.

Every effort will be made to corroborate the factual aspects of these stories, which will result in each story only “going to press” after exhaustive research and interviews have been completed.

Due to the nature of the interdependence of some activities, conjecture may be used to bridge gaps. This is deemed necessary as the government, at all levels, is notorious for misrepresentations, omissions, concealing evidence under the guise of “ongoing investigation”, or simply to cover their misdeeds. Absent available facts, though circumstantial evidence tends to support conclusions of that interdependence, such conjecture will be appropriately indicated.

If subsequent evidence becomes available, the original article will have an addendum, at the online site, rather than revision of the original story.

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

Gary Hunt
Outpost of Freedom
January 6, 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

[Footnotes]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Barbeau Qued in Seattle
The Demonization of Schuyler Barbeau

Gary Hunt
Outpost of Freedom
December 23, 2015

Schuyler Pyatte Barbeau is accused of failing to pay a tax and register a firearm with the federal government and that required that the tax be paid. However, the “firearm” was not a “firearm”, but separate parts, when the government received it, as explained in “The Arrest of Schuyler Barbeau“. There were two barrels, a receiver, optical devices, and other items, in a case that was delivered to a Confidential Human Source (CHS), identified as Oliver Murphy.

Now, it is necessary to understand that all of the objects that were in that case were legally purchased. There is no crime in the possession of the objects. However, it is rather ironic that if the shorter barrel (10.5 inches long) is affixed to a rifle receiver, it becomes illegal, presumably, because the rifle with a barrel less than 16 inches (the “criminal” element), can be easily concealed because of the short length. The 10.5 inch barrel reduces both muzzle velocity and accuracy, when fired, so it is really less of a rifle. On the other hand, if you were to affix the 10.5 inch barrel to a pistol, or handgun receiver, it is legal. In contrast, the rifle receiver, which by description, must have a stock, while the pistol receiver does not. This makes the pistol with the 10.5 inch barrel considerably shorter, and more concealable, than the rifle version. So, it begs the question, is there any sense, at all, in this law that taxes the one (rifle) and not the other (pistol)?

So, now we have illustrated the extent of the charges against Barbeau. Clearly, this is about his demonization by the federal government, in an attempt to influence public opinion against Barbeau, because the law does not allow “fishing expeditions” to try to find a crime, nor did the Framers intend for the government to have such power.

The demonization begins with the information provided by the paid CHS. This is detailed in “Search Warrant Affidavit or Fishing License“. There are unsubstantiated claims that Barbeau claimed to have stolen “blasting caps and detonation cord” from his Army National Guard unit, though there is no indication that the well inventoried and secured items were ever stolen, nor were they found during the warranted search.

To understand the security involved in cataloging these items on a military installation, here is what Maureen Peltier, a disabled 15 year veteran that worked in supply, says about the control of such inventory:

I must add information for those not privy to our supply handling of certain equipment.
Soldiers, we all know Ammo, blasting caps, det cord are not just laying around in our Armories. We all have to go to ASP (Ammo Supply Point) to receive and only those authorized with specific Ammo handlers certification can sign out for such items for scheduled training. Transportation to and from Armory than to training site is all pre-determined. Much coordination is involved and I personally have overseen such coordination as I have in my logistics positions, coordinated from pre-planning to execution to return. Such items are handled under guard and with great caution. Storage points at Armories, just prior to live training execution, would be under weapons vault controlled by unit Supply Sergeants. Security alarm systems and a vault room inside larger weapons vault room is the proper authorized site until final movement to a designated training site.

If items such as that went ‘missing’, they would not only shut down and lock down all of the surrounding area or entire base, Soldiers would all be confined to unit AO or training site, until all missing items are recovered or an all clear by base Commanders have been issued. This would not go unnoticed. ~SSG Moe

However, when the FBI visited the National Guard unit, the only thing they had to say was that Barbeau had served eight honorable years in both the Marines and Army National Guard. There was no evidence to support the loss of the named items.

This, however, did not bar the FBI from “invading” the Aenk Ranch, some 280 miles from where Barbeau was arrested. This raid was a quasi-military operation, conducted by 25 goons, each using the same type of firearm that Barbeau is accused of possessing, and numerous other federal agents, as shown in video footage of the raid in “Domestic Terrorism“.

This raid was based on the very vague charges in violation of Title 18 (Criminal) US Code. Charges of possession of stolen federal property and possession of a machine gun. Neither of these charges have any substance, as explained above, except for the word of the paid CHS informant. So, again, it begs the question, were the “allegations” made by the paid informant simply an imaginary and contrived scenario to please those who were going to cut him a check for $3,500, or just bravado talk between friends?

Later, news channel, King 5, on December 17, did a field interview with Allen Aenk, where the damages caused by the December 6 raid on the Aenk Ranch can be seen. The segment also shows a portion of a document that had been recently unsealed at the Federal Eastern District Court, in Spokane, though not tied to the arrest and current charges against Schuyler Barbeau.

The referred to document, the affidavit supporting the search warrant that was executed on the Ranch of December 6, brings forward the additional unsubstantiated charges of violation of the criminal code.

It is important to note, since there is no proof of stolen property, it is reasonable to question, how can it be justification for such an overwhelming show of force when the nearly platoon sized army of federal agents stormed the ranch, knowing that, with the exception of Carrie Aenk who was alone at home, the other two inhabitants of the property were in federal hands, 280 miles away?

The raid, based upon such meager justification, surely cost the taxpayers many thousands of dollars, which makes us ponder whether the intent of the law is, as suggested, a tax or revenue law, or is it an expansion of federal authority, outside of the constraints of the Constitution, in trying to circumvent the Second Amendment?

We are not yet finished with this story. There is little doubt that public disclosure of the raid did bring to the forefront the (obscure) possibility of criminal acts. That, of course, would produce a high degree of concern, and perhaps taint the minds of those who might sit in judgment of Schuyler Barbeau, in a jury trial. Rest assured, there is no intention, on the part of the government, or media, of letting it, at that.

On December 11, 2015, King 5 news aired a segment in which they described as a “rare insight”, especially “in light of the terrorist attack in San Bernardino, last week, and other terrorist attacks across the country”, which raises a serious concern regarding Islamic Terrorism. That recently unspeakable phrase, which surely got the attention of the general public, most likely blinded or deafened to any of the above facts of the case, to date. As stated, the FBI is asking for the public’s help “in preventing the next act of terrorism.”

In that broadcast, the FBI begins by talking about “behavior that preceded the event”. They then suggest that certain individuals in the state may be in communication with ISIS, suggesting that Washington might see a brutal terrorist attack, in the near future. They are monitoring the behavior of those they have identified. Chris Ingles (King 5) suggests that Barbeau could be one of those cases the FBI had being speaking about. So, now they have classed this honorably discharged Marine/Soldier, a defender of the United States Constitution, in the same category as Islamic terrorists.

Barbeau Qued in Seattle

Search Warrant Affidavit or Fishing License

Gary Hunt
Outpost of Freedom
December 20, 2015

As we continue to investigate the curious circumstances that on December 6, lead to an arrest, the search of a car, and the search of a ranch some 280 miles away, in what appears to be a simultaneous effort, more revelations to come to light. Why were the Search Warrants served on the Aenk Ranch? What did that have to do with Schuyler Barbeau? Was the government grasping for straws?

The Affidavit of Special Agent Michael Baldino (BA), in support of the search warrants, provides additional insight into what led to those events of December 6, 2015.

The Affidavit starts out nearly identical to the Criminal Complaint (CC). However, we see some deceptions revealed in this second document. For example, in the CC, paragraph 5, we find, “On June 5, 2015, the Seattle Division of the FBI received information from a Confidential Human Source (“CHS”) regarding potential threats to law enforcement made by Washington State resident, Schuyler Pyatte Barbeau.” This would lead one to believe that Oliver Murphy approached the FBI. However, in paragraph 9 of BA, we find, “On June 5, 2015, the Seattle Division of the FBI received information from another law enforcement agency that resulted in FBI Special Agent Daniel Bennett contacting a Confidential Human Source (“CHS”) regarding potential threats to law enforcement made by Washington State resident, Schuyler Pyatte Barbeau¹.” So, now we see that there was another law enforcement agency involved, although we have no idea what led them to Murphy. However, the footnote to the superscript provides even more insight, when we read that footnote, “¹The FBI has paid the CHS for his involvement in this matter over $3,500.” That’s right; Oliver Murphy sold his friend, Schuyler Barbeau, out to the government. So, now, we have to evaluate whether what Murphy told the government is truthful, partially truthful, or fabricated. After all, that is an incentive to make sure that the feds get what they want so that he gets his “paycheck”.

Interestingly, as well, in the CC, it appears that Baldino has personal knowledge, where in the BA, we find that SA Bennett is the contact with Murphy. So, we can see from the beginning that they are just throwing words on paper in order to achieve their rather nefarious ends. And, that they bought a source to go after Schuyler Barbeau.

Interestingly, in CC paragraph 13, and again in BA paragraph 14, we find, “the CHS [Oliver Murphy] met with Barbeau and informed him that he/she had a buyer interested in purchasing his SBR for the 5,000 dollars Barbeau had asked for previously.” Rather ironic, in that on December 5, 2015, Murphy’s Facebook page shows that he started a relationship with Sam Erickson, which is confirmed on Sam Erickson’s Facebook page. However, the government was simply trying to protect the gender of the informant, but, rest assured, we will out the informants, as they arise.

The CC ends with paragraph 17, which is the same as BA paragraph 18. This is a rather interesting statement, as I spoke with the person that was with Barbeau the day (November 22) that he dropped the case off at Murphy’s house. The case contained a receiver and 2 barrels. This paragraph tells us that “ATF Special Agent Claudia Grigore inspected the SBR at the FBI’s office in Seattle and certified that the barrel was less than 16 inches in length“, however, they don’t mention that there were two barrels, nor do they say whether they had to affix one of the barrels to the receiver, to make that statement. Not very professional, but, it does appear to suit their purpose of demonizing Barbeau to omit such a crucial detail.

The Affidavit, however, continues, and this is where the justification for the raid at the Aenk Ranch begins.

On December 4 (this is the day before Oliver developed a relationship with Sam), in a recorded phone conversation, Murphy asked if the Aenks knew how much money Barbeau was getting from the sale of the parts. Was this an effort to try to implicate the Aenks in criminal activity? Barbeau’s answer, “They know what’s going on“, is rather innocuous, but it just might help to demonize the Aenks for having a friend like Schuyler Barbeau.

In paragraph 20, the Affidavit states that according to Murphy, “Barbeau said that he had stolen some blasting caps and detonation cord from his U.S. Army National Guard unit.”

In paragraph 21, FBI SA Bennett spoke with the National Guard on June 29 and 30. This then would be the first investigation after Barbeau came onto the government radar (June 5). However, they do not receive any information regarding the possible theft at the National Guard until October 19, over four months later. I suppose that the FBI has some mystical crystal ball with which to determine the course of an investigation, before the investigation develops information — or they are lying, or otherwise purposely excluding something.

However, it is interesting that in contacting the National Guard, they find that Barbeau had an Honorable Discharge from both the Marines and National Guard, over the course of his eight years of service. They do point out that he was a “combat engineer” suggesting that he would know what to do with blasting caps and detonation cord. However, whether they asked, or not, they do not tell us if any blasting caps or detonation cord was missing. If none was missing, it would blow the story. If some was missing, then surely they would have so stated. Either that, or their investigative skills are lacking.

So, we have no definitive proof that what might just be bragging, “I stole some blasting caps and detonation cord”, is supported by any evidence that any blasting caps or detonation cord is missing. However, if you want to “get your man”, why quibble over facts or details.

On November 8, Barbeau, Carrie Aenk, and Murphy met at a restaurant. According to the BA, Murphy was wired for sound. However, rather than providing quotations from the recording, we get Bennett’s interpretation, which does not let us know the context of anything said, or whether all present were privy to what was being discussed. Then, after the meeting, Murphy informs Bennett that they were planning to retrieve a bag from the woods. Why would Murphy have to inform Bennett, if Bennett has a recording of all that transpired? Bennett does provide some quotes, but the context that would suggest knowledge, as opposed to observations, demonstrates that deficiency is indicative of inability.

After the meeting, incompetence on the part of “law enforcement” is demonstrated, when Barbeau and Aenk left the restaurant. The tail apparently lost contact with the vehicle.

Later, that same evening, the FBI observed Aenk in the car, but does not mention Barbeau. Twenty-seven minutes later, the vehicle was gone. Boy, that’s twice in one night that law enforcement and/or the FBI could not keep track of a vehicle. No wonder that Muslims can shoot up Christmas parties, even though they are on the watch list.

The BA continues, with superfluous information, mostly to try to establish that Barbeau was a tough guy. The end result was that the Search Warrants were issued on December 5, and executed the following day.

Perhaps most interesting however, is the fact that the search yielded nothing that led to any additional charges being filed against Barbeau. The original charges, based upon the Arrest Warrant for tax violations, are all that the government can prosecute Schuyler on. They have simply gone through these additional exercises to be able to demonize him by referencing “stolen federal property”, which they cannot find, and cannot even prove that it was stolen, in the first place. The accusation of possessing a machine gun, based upon no direct observation, only upon a conversation (included in the BA), and, most recently, the effort to describe Schuyler as a “domestic terrorist“.

Oliver Murphy

Since we have a little more paper, let’s look at the primary witness against Barbeau. Oliver Murphy has been described by friends and family as a very close friend of Schuyler. I have been told that Schuyler began suspecting Murphy of being an informant, about a week before he was arrested. That would also be about a week after Schuyler delivered the case of firearms parts to Murphy (November 22). Perhaps this played out when Schuyler contacted Murphy to ask for the $5,000 (purchase price), and Murphy said that he didn’t have it. Then, Schuyler probably said that he wanted the parts back. But, Murphy would have to say that he didn’t have them — because he had given them to the FBI. So, no money, no parts. That might raise Schuyler’s suspicion of Murphy’s role in what was soon to play out.

There is more to Murphy, which has been alluded to, previously. Murphy had a wife and three daughters, according to sources. When he was first identified as CHS, there was concern that he may have been coerced by the FBI — charged with a crime and made to plea out so that he could continue to provide for his family. However, with the amount ($3,500) that he was paid as an informant (which is what the FBI refers to as Confidential Human Source (CHS)), and his new relationship, that theory speculation apart.

As can be readily understood, Murphy had abandoned family life for a new (and unfortunately rather common) queer relationship. Rather than concern for family, perhaps needing money to start a “new life” was instrumental in Murphy turning on his old friend.

Barbeau Qued in Seattle

Domestic Terrorism?

Gary Hunt
Outpost of Freedom
December 18, 2015

Update

Yesterday, Schuyler Barbeau was Indicted by a Grand Jury. He was indicted solely on the information in the Criminal Complaint. He is only charged with violating Title 26, US Code §§5861(d) and 5845(a)(3), to wit:

26 U.S.C. § 5861: Prohibited acts

It shall be unlawful for any person –

   (d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record; or

26 U.S.C. § 5845 : Definitions

For the purpose of this chapter –

   (a) Firearm The term “firearm” means

     (3) a rifle having a barrel or barrels of less than 16 inches in length;

They have also included the forfeiture provision (26 US Code §5872(a)) which would allow them to keep any firearms, if Schuyler is convicted of the crime.

Before we get in to just who is a terrorist, it would not hurt to revisit the Search Warrants that were served at the Ranch. The search warrants included Title 18 provisions that were not included in the Criminal Complaint. Had the Search Warrant been in compliance with the constitutionally required limitations, “no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized”, the only items that could have been included were the Short Barrel Rifle (SBR) and any other barrels or objects directly related to the SBR. However, what they took, they presumed the right to take based upon the Search Warrant reference to “(b) possession of stolen federal property, in violation of Title 18, United States Code, Section 641; and (c) possession of a machine gun, in violation of Title 18, United States Code, Section 922(o).”

To make matters worse, they have alleged that Schuyler was a “domestic terrorist”, and I’m sure they expressed that to the Grand Jury. I am equally sure that though the Search Warrant has yet to be filed on the Court Docket, that the Grand Jury was probably made privy to it — most likely to demonize Schuyler so that the Jury would feel no doubt that they had to indict him. However, the Grand Jury only indicted Schuyler on the original charges from the Complaint.

Is Schuyler the Terrorist?

However, this whole episode with the Search warrant leads us to consider who the terrorists really are. Schuyler was accused of having a rifle receiver, a 10.5 inch, and an 18 inch barrel, both of which would fit the receiver, but he didn’t register and pay the tax on what could have been made from the otherwise legal parts.

The government, in the hearing on December 14, accused Schuyler of being a “domestic terrorist”. To support these allegations, the Criminal Complaint states:

The CHS advised that Barbeau frequently told the CHS that the federal government was not abiding by the principles set forth in the Constitution and that many public servants, such as judges and police officers who had sworn to uphold it, had deviated from their oath of office. Barbeau told the CHS that it was his duty to educate public servants who were not living up to their oath and discussed “lynching” those he deemed unworthy if necessary. In one instance, Barbeau told the CHS that he and other like-minded individuals would physically remove a California judge presiding over a misdemeanor weapons violation he received there in the fall of 2014.

Well, that is hearsay, to say the least, but they also said that he was going to “hang a judge”. So, were these just words under Freedom of Speech, or was he serious about what he had said, such as in the context of a threat or incitement? He never moved in that direction, or otherwise indicated that he intended to carry out this “threat”. So, if this is the extent, well, we must also include a rifle (SBR) that, if he had registered and paid the $200 tax, would have been as legal as his political statements under Freedom of Speech. Schuyler never threatened (coerced or intimidated) the judge, and if the judge knew what he said, it would probably be because the government told the judge what they said that Schuyler said.

However, the government says that he is a terrorist simply because of their claims of Schuyler’s possession of a machine gun, stolen federal property, and the utterance of vague hearsay of THREATS.

So, what law would make him a “domestic terrorist? What is the government trying to tell the Court and the Grand Jury? Well, here it is:

18 U. S. C, §2331.

(5) the term “domestic terrorism” means activities that—

(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

(B) appear to be intended—

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by intimidation or coercion.

There would have to be “acts dangerous to human life”, and criminal in nature. Or, that appear to intimidate or coerce a civilian population”, or to influence the policy of government by intimidation or coercion.” So, with these three choices, which, if any, did Schuyler’s actions fit into? None? Well, that’s what I understand, too.

By the way, Schuyler was honorably discharged from the Marines Corp, after 4 years of service to his country. He then went into the Army and served another 3 years, and was again, Honorably Discharged.

Is the Government Conducting Terrorist Activities?

Well, that is a tough question. If we ask Mainstream Media, or the government, we know what the answer will most likely be. That, however, like what Schuyler has said, is just words, with no actions to back up those words. I suppose we could call that Freedom of Speech, though a gross distortion of Freedom of the Press.

However, on December 6, while Schuyler was arrested, and Allen Aenk was being detained and his car searched, without a warrant, other activity (actions) was taking place. However, it wasn’t “domestic terrorists” (or, was it?) that entered the Aenk Ranch. At 12:40 PM, fifteen thugs, dressed in battle gear, entered the property, bypassing a locked driveway gate. They were soon followed by two more squads comprised of five thugs, each.

However, rather than me telling the story, so there be no doubt, we will let the videos from the security cameras tell the story. I will assist be giving a description, the video time stamp, and the [true time], as we go through the five cameras (channels) captured that afternoon. The videos have been edited to reduce the over 7 hours of total footage into just the significant portions.

Channel 1 (at Front Gate, from house) (38:04 long):

0:46 [12:37:46] The goon squads turns off of Springdale Hunter Road, in the distance, onto a private easement road.

2:50 [12:39:51] The first vans of battled dressed goon squads arrive at the front of the property.

3:31 [12:40:32] The 15 thugs begin entering the property, SBRs at the ready, reminiscent of the military tactics used in villages in Iraq and Afghanistan.

7:27 [12:49:47] Five more thugs enter the property.

9:18 [12:55:06] Five more thugs enter the property, making 25 thugs, and a number of supervisory personnel.

12:28 [12:58:36] The front gate is unlocked using the key that was voluntarily given to the thugs by Carrie Aenk. Understand that the government already knew that Allen and Schuyler were detained near Seattle, nearly 300 miles away. If they had any intelligence (of either kind), they would have known that Carrie was home alone.

15:03 [01:00:59] Twenty-four minutes after the initial entry, Carrie is escorted to one of the kennels, handcuffed and with a coat thrown over her shoulder (this, after being thrown down in the mud. See “Carrie’s Statement“), to secure some of the dogs — without the use of her hands. After all, there are only 25 goons.

16:34 [01:02:20] Enter an important person with case in hand, and another important person with bag in hand.

32:17 [02:34:03] Vehicles begin leaving.

32:48 [02:43:27] Important person leaves with case (16:34), box and envelope.

33:25 [02:44:04] Important person w/baggage meets non-government looking vehicle. Important person walks from vehicle, without baggage, about 20 seconds later.

36:45 [03:30:11] Silver SUV pulls into driveway (SA Baldino), parks just out of frame, appears to reach into back seat (37:03).

Channel 2 (Right of entry gate, from house) (7:49 long):

0:15 [12:40:53] Goons “sweep” the property, anticipating major action from sole occupant (Carrie) One goon slips and falls on the ice (right side of frame), comes up prepared to fire his weapon.

4:42 [03:30:19] SA Baldino arrives (See Channel 1 – 36:45)

4:53 [03:30:29] SA Baldino does something, difficult to explain, at back door of SUV (See Channel 1 37:03.)

7:02 [03:40:38] Drives away with passengers. Thugs have left the property, 3 hours and 4 minutes after entry.

Channel 3 (West entry gate, from house) Note: This channel included for a little levity, and to watch taxpayer dollars wasted. (11:19 long):

00:04 [12:45:49] Goon “clears” bed and passenger compartment of pickup truck.

00:33 [12:46:47] Goon “clears” bed and passenger compartment, this time with SBR and Tactical Light aimed at potential threats.

2:45 [12:58:10] Goon wary of “vicious dog”.

3:39 [12:59:26] Other goon tries to befriend the “vicious dog”.

3:56 [03:56:55] Flash bang goes off, cracking window and forces security camera into black and white mode.

Channel 4 (storage area; Schuyler’s trailer – far left, from house) (48:21 long):

Note: Throughout this video, remember that the warrant listed stolen federal property and machine guns. Since then, we have learned that they were also looking for explosives. Note how cursory the search of the storage area is. A machine gun, explosive, and unidentified stolen federal property could easily have been overlooked.

00:14 [12:41:06] Goon passes entry tool to another goon, prefatory to breaking in through back door of house. Apparently, the entry team was not quite ready to enter.

1:28 [12:42:17] Note the camera shuttering, followed by smoke in about 15 seconds. This was probably one of the “flash bangs” set off while “clearing” the house.

1:55 [12:44:42] First goon enters Schuyler’s trailer (left, with ladder leaning against it).

11:50 [12:58:16] Carrie Aenk enters at left of frame, handcuffed and a coat thrown over her shoulders, escorted by a goon.

12:35 [12:59:49] Carrie enters at left of frame, escorted by one goon and one important person.

30:30 [01:36:47] Two goons go up the hill, above storage, for some reason. Probably to relive themselves.

41:50 [02:13:04] Box is handed out of Schuyler’s trailer.

42:54 [02:17:03] Trailer door closed. One hour and 33 minutes in the search of Schuyler’s trailer.

47:41 [02:37:24] Plastic tote box and cardboard box carried from 4-wheeler to leave scene left. Note the apparent weight of the two boxes and compare that with the inventoried items in the Search Warrants (page 4), and consider the apparent weight.  Also note, in Channel 1, that the plastic tote box never left the property through the gate.   So, where did it go?

Channel 6 (Southeast corner of house) (2:12 long): Short, simply another view of clearing the area.

 Conclusion

We saw that Schuyler had none of the elements of a “domestic terrorist”, and though we won’t have an exact match, we can look at what you have seen in the videos and see that 25 plus thugs, battle dressed and often raising their weapons, can readily be considered as an act “dangerous to human life”, even when performed by the government. After all, I believe that they are human, just like us, and since many of us, including Schuyler Barbeau, have received probably more training in the use of firearms, while in military service, then some of these goons.

There is little doubt that this display of force was intended “to intimidate or coerce”, though perhaps not a population, but the population of the Aenk Ranch, whether in Springdale or Seattle.

And, the Search Warrant, along with other misrepresentations, are accusations without any foundation, such as suggesting that Schuyler was a domestic terrorist, are, without a doubt, intended to “influence…a government” entity, specifically, the Grand Jury, to secure an indictment.

If government was granted, by the people via the Constitution, the authority to do anything, it was because we, the People, had the authority to grant them theirs. Should we expect them to act with as much, if not more, integrity than we would expect of ourselves? Or, did we, as they assume, make them our masters?

If the Court please, I wish to use the words of Justice Brandeis dissenting in Olmstead to speak for me. He wrote, “Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.”

That’s all I have.

Timothy McVeigh, August 14, 1997 — just prior to being officially sentenced to death

Barbeau Qued in Seattle
Terrorists at the Ranch

With Carrie Aenk’s Statement on the Raid

Gary Hunt
Outpost of Freedom
December 14, 2015

On November 14, 2015, when Schuyler Barbeau and a friend dropped off a case containing a rifle receiver, an 18″ barrel, and a 10.5″ barrel, the government had all they needed to bring charges against him — for having three legal items in close proximity. Though not seen by the friend, the contents had been described on the way to Oliver Murphy’s house.

Later, according to the Criminal Complaint, the case and contents were turned over to the FBI. According to the Complaint, “the CHS contacted the FBI” to turn the “evidence” over to them, though it appears that the Complaint is in error — that the FBI was staking out the house, as that date had been set up for the drop off, and he was not “contacted” by the FBI, rather the FBI just showed up, got the evidence and then “secured” it.

The evidence is claimed to be an Short Barrel Rifle (SBR), however, it was a receiver, and two barrels, but, let’s not quibble over reality when the government has other objectives.

However, since that time, the FBI has gone on a local television station and let local news agencies know that they have a “domestic terrorist” in custody. So recently after the shootings by real terrorists in San Bernardino, California, it makes them look good if they can now capture a terrorist, even before he terrorizes anyone.

Now, as far as changing the nature of what they were doing, which was to punish Schuyler for not having registered and paid the $200 tax on a SBR, we can rest assured that the FBI will, undoubtedly, put together the chosen pieces of the “secured” hoard to resemble the SBR, long before it is introduced as evidence in court.

However, we must go one step further in the “integrity” of the FBI, or lack thereof. The Constitution affords us protection against “unreasonable searches and seizures”. Specifically, Article IV, Bill of Rights, states:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

So, not only does the object of the search have to be “particularly described”, it must be “supported by Oath or affirmation”.

Now, the Criminal Complaint makes only two allegations in the single “Count 1”. Those allegations are about “violation of Title 26, United States Code, Sections 5861(d) and 5845(a)(3)”. Title 26, by the way, is the Tax Code, not the Criminal Code.

However, on the Search warrant, that is supposed to be supported by Oath or Affirmation, we find those two sections of Title 26, but we also find “possession of stolen federal property, in violation of Title 18, United States Code, Section 641; and (c) possession of a machine gun, in violation of Title 18, United States Code, Section 922(o)”. However, there is no “Oath or affirmation” to support these charges. Quite simply, they were probably inserted to demonize Schuyler Barbeau and make him look looked something that he surely is not — a terrorist.

So, let’s look at one of the many definitions of terrorism, as defined in the same United States Code that has already been referenced:

Title 18, United States Code, Section Sec. 2331.

(5) the term “domestic terrorism” means activities that—

(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

(B) appear to be intended—

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by intimidation or coercion; or

So, we have “acts dangerous to human life that are a violation of the criminal laws of the United States or any State.”. Title 26, the Tax laws, are not criminal, they are, well, “taxes”.

Now, in paragraph (B), it qualifies the act as one intended “to intimidate or coerce a civilian population”, or, “to influence the policy of a government by intimidation or coercion”.

With the television show, the press coverage (the source had to be the government, as Schuyler hasn’t even been able to speak to family, let alone the press), there is no doubt that the efforts were to coerce the population and to influence the policy (jury) by coercion. I think that there can be little doubt as to that affect, as we have already seen the press, and can fully expect the jury, to follow suit.

So, let’s look at paragraph (A). “Violent acts or acts dangerous to human life” that would be criminal acts under our laws. So, absent lawful authority (as per the 4th Amendment), the acts, if they are violent and dangerous to human life, they surely qualify as terrorism. At best, Schuyler may have said some things, but he never acted anything out. That is Freedom of Speech, and is far less offensive that “Kill Whitey” or “Kill cops”, but only one person has been arrested, though the news has shown many dozens of protestors with words and signs to that effect.

But, I digress. Carrie Aenk was home, alone, on the Aenk ranch, some 280 miles from where Schuyler was arrested and Allen Aenk detained for hours. The government knew that she was home alone, and the warrant was daylight only, and no provision for “no-knock” entry. That is not how it played out

Carrie Aenk has written a statement about what occurred. I will leave the reader to judge whether they (the People) would consider these activities to be “domestic terrorism”, or not. Below are some excerpts from that statement:

“I have been raped without them touching my genitalia. I no longer feel safe or secure within the walls of my home or boundaries of my property. They have taken from me what I can never get back.”

* * *

“The Agent sees a sweater just inside the door, grabs it from the hook and drapes it over my shoulders when I see one of my dogs that was supposed to be kenneled in my peripheral view, and then he’s gone. I run to the edge of the porch and down the steps to get my dogs back inside their kennels but I’m thrown to the ground before I can go any further, landing in the icy mud.”

* * *

“When I get back to the house, I walk straight over to the phone and turn my back to it so my fingers can call my attorney’s cell phone. The Agent sees what I’m doing and takes the phone out of the cradle so I can’t use the phone.”

The entire statement (pdf) is at “Carrie’s Statement“. When you are finished reading her account of this ordeal, you may want to consider, based upon the information above, just who the real terrorists are.

Barbeau Qued in Seattle
The Arrest of Schuyler Barbeau

Gary Hunt
Outpost of Freedom
December 8, 2015

In the late morning of December 6, 2015, Schuyler Barbeau had been helping Allen Aenk by rescuing service dogs as a business service run from the Aenk family Ranch, in Stevens County, Washington some 280 miles away from where the following events begin to unfold.

At the Weigh Station

After dealing with the dogs, Schuyler wanted stop to collect some money owed him by Oliver Murphy. Murphy texted to Schuyler to meet him at a weigh station at Interstate 90 and Washington Highway 18 (between Preston and Snoqualmie). When they arrived at the weigh station, Oliver’s car was there, but Oliver was nowhere to be seen. So, they parked next to Oliver’s car and Allen got out of the car, cell phone in hand to call his wife and to take the dog to the Dog Walk.

Before he could complete his intended tasks, he saw between 10 and 12 battle dressed people encircle the him and the car. He was told to lie down on the ground. He complied, though he questioned why they were being treated this way. They then handcuffed Allen, and since Schuyler was on the other side of the car, he didn’t really see what happened to him. Allen did note that he saw FBI, US Marshalls, and Coast Guard, though there were no apparent BATF agents on the scene. But, we’ll get to the charges shortly.

The agents were going through his car, but they had no warrant with them, they simply stated that they did have one (There was a warrant to search the car at the premises – ranch, but nothing identifying the car specifically).

They then moved Allen away from the car and began asking questions about Schuyler, but were told to ask Schuyler, not him.

After they had searched the car, one of the agents, acting rather rudely and assertively, asked Allen to sign a “Receipt for Property Seized”, which Allen refused to sign, and Special Agent Kera O’Reilly (did you ever wonder why gimp kids are special, and so are FBI agents?) affirmed that he refused. However, he was provided a copy, and it shows the following items seized from the car:

— Green “Bad Inc” Vest with visible firearms magazine with unknown contents inside pockets, bags, etc

— Grey “Universal” bag with yellow straps, with green sunglasses on strap and unknown contents

— FNH VSA pistol (FNX-45 Tactical Serial # FX3U025994) w/ [intelligible]

Inforce tactical light

1 round loose, 15 in magazine full metal jacket 45 cal

— Cellular telephone, Android platform,

Droid Turbo, w/ other box (grey w/ yellow outline)

Allen was not allowed to verify some of those seized item, in particular, the “Grey Universal bag with yellow straps”, so the feds can do anything they want with the contents. It was Special Agent O’Reilly who, rather rudely, refused Allen’s request to review the contents.

Just so we know who the rather rude agent that dealt with Allen is, she was Kera Wulbert, and may have been Kera Wulbert Wagner, prior to that. Around 2013, she married Brendan Gerard O’Reilly (age 46) and quit-claimed her house at 2914 S Hill Street, Seattle, to herself and her new husband. Enough of that, so, on with the show:

The other Special Agent was Matthew Acker, who acted courteously, as we should be able to expect our public servants to act toward us. These two agents were, apparently, assigned to Allen, while we can suppose that the rest of the jackboots were needed to assure that Schuyler did take over the surrounding forces, though we will have to get that information from him, when he is removed from sequestration and allowed visitors and phone calls.

The Criminal Complaint

Though we have no proof of the existence of an Arrest Warrant being issued prior to the arrest, we do have the Criminal Complaint that resulted in the arrest, as well as the search warrant.

The only Count in the Complaint says that Schuyler “knowingly possessed a firearm which was not registered to him in the National Firearms Registration and Transfer Record, as required by law, namely, a particular black, semiautomatic AR-15 5.56 mm caliber assault rifle with a 10.5 inch barrel and holographic sight, a rifle having a barrel of less than 16 inches in length”, for which the government wants a $200 tax The refer to Title 26, US Code, §§5861(d) and 5845(a)(3) as the violations. Title 26 is the tax code, so they are assuming that Schuyler owes a tax, and that he failed to pay it. Can you imagine how much it cost the government to persecute Schuyler, as opposed, say, to sending him a bill?

It appears that what he had was a Rainier Arms UltraMatch .223 Wylde Complete Upper – 10.5. This is advertised by Rainier Arms, and the add states that “ALL NFA Rules Apply”.

So, we know and understand that a Class III license holder has, by obtaining the license, agreed to do certain things. Among them would be to verify that if he sold such an item, alleged to be illegal in the Complaint, he would have to run a background check, provide the necessary paperwork to the purchaser, submit the paperwork, and fulfill all of the duties that the regulations require of him. But, that is because he contracted, by obtaining the license, with the government to perform those tasks required by those regulations. This would include 18 USC (criminal) and 26 US Code (tax), and perhaps others. But, it is only the licensee that has agreed to abide by those regulations.

However, the Second Amendment has confirmed our right to bear arms, without infringement. This leaves the government with only limited jurisdiction, via the Commerce Clause (interstate commerce) and the taxing authority, as the means of the government to try to circumvent the limits imposed upon the government by the Constitution. However, if someone hasn’t contracted with the government, they, as well as the government, should be bound only by the Constitution. Schuyler’s right to possess that firearm is sacred; there is no justification for the government to attempt to, by force of arms, pay a tax on that right — regardless of what the government thinks. And, it is his right to do so that we, the People, need to “support and defend”.

Back to the Complaint. Special Agent Michael Baldino executed the Complaint. He is a member of the Seattle Division’s Domestic Terrorism Squad of the Joint Terrorism Task Force (JTTF). Those are the guys that let Muslims kill people in California, while they mess with Americans that are intent on defending America against those Muslim terrorists, and BLM wannabes.

In paragraph 5 (page 3/6) we see that a Confidential Human Source (CHS) provided information (snitched) to the FBI about Schuyler. The Complaint is a substitute for the constitutionally required affidavit, and a poor substitute, at that. An affidavit is sworn as to personal knowledge, and is not supposed to give any validity to hearsay. However, since Baldino didn’t “swear” to the document, well, he can say anything that he wants.

Back to the CHS. It has been confirmed that the CHS in the Complaint is none other than Oliver Murphy. Yes, that is the one that baited Schuyler and Allen to the Weigh Station, but it doesn’t end here. Before we proceed, perhaps we ought to look at Mr. Murphy. His father, Patrick Murphy, was Snohomish County Sheriff. He was appointed to that position in 1995, when then Sheriff Jim Scharf stepped down to become the Everett Police Chief. Murphy, however, didn’t stay long. He was charged with four counts of felony possession of prescription medication. Patrick died in 2006, so maybe Oliver wanted to follow in his father’s footsteps and become recognized in “law enforcement”. At any rate, Oliver was in from the beginning to the end of Schuyler’s ordeal.

Paragraph 7 (Complaint) tells us that CHS was invited to the trailer that Schuyler was staying in at the Aenk’s ranch, on October 19, 2015. The Aenk’s have confirmed that it was Murphy that stayed with Schuyler, on that date. There is only one CHS (if there are more than one, they are numbered), so it is Murphy in every instance in the Complaint.

Next, we have Baldino going to Facebook to see what “dirt” he could get on Schuyler. He found photographs where Schuyler acknowledged that he owned a “short-barreled rifle” (SBR), which would be the Rainier Arms UltraMatch. So, when Schuyler suggested that he wanted to sell it. Murphy, being such a nice guy, let Schuyler know that he had found a buyer for the SBR.

On November 22, Schuyler dropped the SBR off at Murphy’s “residence”. So now, Murphy possess the SBR, but he has not been charged, and, according to the available information, he is not law enforcement, nor is he exempt from any regulation that might be imposed, legally, or not, on Schuyler. But, Murphy was never charged with a crime, but, then, that is the nature of a police state, isn’t it?

Schuyler has given up the SBR, Murphy gives it to the FBI, but nobody has paid Schuyler for the purchase the SBR. That sounds awfully like what is commonly referred to as theft, fraud, swindle, or some other real crime that has an injured party, namely Schuyler. But, in this modern world where it is always somebody else’s fault, the only one that didn’t hurt anybody by stealing property was Schuyler.

It was probably to collect the money that Murphy was supposed to have sold the SBR for that was the enticement for Schuyler and Allen to go to the Weigh Station.

Meanwhile, Back at the Ranch

About the same time that those events were occurring at the Weigh Station across the state in Springdale, Carrie Aenk was facing her own ordeal. The following is based upon an interview and documents that have been provided.

Thirty to 35 people showed up in 7 or 8 vehicles. Carrie, when she saw them driving in, tried to call Allen. There was no answer. however, the used a battering ram on the back door of the house. They also released some of the dogs from their kennel.

The search warrant is marked “X in the daytime 6:00 a.m. to 10:00 p.m.” (Page 1 of pdf). It says nothing about “no knock”, so it must be served in a civil manner. A battering ram at the back door of the house hardly satisfies that expectation, but, then, we you give thugs a license, they can do as they please — the Constitution notwithstanding.

I think we need to note here that the search warrant among other things, states that “I find that the affidavit(s), or any recorded testimony, establish probable cause to search and seize the person or property.” However, no affidavit, or recorded testimony, has been provided. And, if we were to assume that the Criminal Complaint somehow satisfies that requirement, then even more curious is the fact that the search warrant brings in charges that were not included in the Complaint, or anywhere else in any of the currently existing court documents.

As far as the Warrant, it gives permission to search for the person or property described in “Attachment A”. “Attachment A” says, “This warrant authorizes the search of Schuyler Pyatte Barbeau for any cellular phones. This warrant authorizes the search of any such phones for the items described in “Attachment B”. Then, it remarks that Schuyler resides in a trailer on the property. So, the warrant only allows them to search Schuyler for any phones, and then to search any phones for items in “Attachment B”. So, to make this clear, Schuyler can be searched for phones. Presumably, if phones are found, those phones can be searched for the items identified in “Attachment B”. There doesn’t appear to be any authority to search beyond that limitation. So, let’s look at attachment be to see just what might be found in the phones.

“Attachment B” begins with, “Items to Be Seized from the Phone Described in Attachment A.” Before we continue with Attachment B, let’s reflect on what they just said. The items to be seized are to be seized from the phone. I know that the concept of seizing items from a phone is difficult to digest, unless, of course, you are a government agent. I realize that smart phones are a bit over my head, but I still have a problem understanding how items can be seized from them. But, let’s continue and see just what those federal agents can “seize” from a phone.

Continuing in Attachment B, “All documents and items reflecting evidence and/or fruits of the commission of the crimes of (a) unlawful possession of a firearm, in violation of Title 26, United States Code, Sections 5861(d) and 5845(a)(3); (b) possession of stolen federal property, in violation of Title 18, United States Code, Section 641; and (c) possession of a machine gun, in violation of Title 18, United States Code, Section 922(o), including:”, then it goes on to list, not items, rather, telephone serial numbers; sent, received, and missed calls; stored contact information; and, any stored photographs or Facebook posts –that might show something illegal.

This brings to mind an important part of the Constitution, you know, where they itemized some of the inherent rights of the People, not as grants by the government, rather, prohibitions against the government violating them. Specifically, the Fourth Amendment:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

So, if information stored on a cell phone (since it can’t be the items that were to be seized) is simply a modern substitute for “papers and effects”, then it requires that the probable cause must be supported by “Oath or affirmation”. Unfortunately, the government has failed to provide such.

The Complaint was for a tax violation, only, and being singularly concerned with that SBR. If we assume that the “affirmation” (that is really stretching our language to an extreme), then the extent of that affirmation must be limited to the SBR and Title 26 (taxes). So, where the hell does “possession of stolen federal property” and “possession of a machine gun” come into the picture? Do this just make this shit up while sitting around the water cooler? Also, consider the judge, Thomas O. Rice; does he even read what he signs? And, all of these idiots, even the judge, probably make over $100,000 a year — of our money. It seems more like the Mafia than a government.

Just to throw a little confusion into the mix, both of these attachments mentioned above bear the case number directly below the title. There are two more attachment “A”s, but neither of them have a case number, so they are either sloppy, inserted these from some other source, or they could care less about the identification of legal documents. Take your pick, but when you are dealing with incompetence, it can only be a wild guess.

Given the limits of what could be searched for, let’s look at what they found “on the phone”:

1) Plastic bag with .223 ammo

2) Seven (7) 223 magazine

3) Verizon bill, ID cards, record book

4) Motorola mobile phone, model XT 912

5) Nylon bag with camping tool, tape (?)

6) Plastic box with gun parts

7) Large plastic bag with gun parts

It is hard to believe that any of those items, except No. 4, could satisfy the conditions of the warrant

However, the act of the service of this warrant, after the battering ram entry, gets even more interesting. After they entered the house, they flash-banged every room they entered. Carrie counted at least eight of them in the house. That’s right, they threw flash-bang grenades into each room, in order to clear it, perhaps, from evil spirits, since it would be difficult to otherwise understand the necessity of causing intentional damage, including gaping holes in walls, windows blown out, not to mention the back door that was battered open, and one helluva mess to prove that the government has come to “help you”. If there is an assumption being made here that the government will perform restitution for the damage they caused, especially if the charges are dropped against Schuyler, then you are sadly mistaken.

While this “search” (and destroy) was going on, Carrie was held handcuffed for about an hour and a half, and she was not allowed to contact her attorney. They also held a gun on Carrie throughout this entire ordeal. Perhaps there is reason for concern when there is just one pissed off woman, and only 30 to 35 armed men to keep her under control.

While searching the rest of the premises, they used at least ten more flash bangs, some of them apparently only to scare the dogs, which resulted in laughter by some of the agents, who apparently were enjoying themselves immensely while terrorizing Carrie. I will conclude by stating that this is, by far, the most egregious abuse of presumed governmental authority that I have seen since my visit to Waco, back in 1993.

Perhaps it is time to reflect on whether we are truly a self-governed nation, or have become subject to a government far more despotic that that one cast off by the Founders, 239 years ago. And, to reflect upon our obligation, as that “Posterity” identified in the Preamble to the Constitution, to assure that this once great nation returns to its intended object, for our own Posterity.

For the follow up; Schuyler’s description of what happened, see:

Barbeau Qued in Seattle – The Arrest of Schuyler Barbeau – Part II – In Schuyler’s Own Words