Posts tagged ‘courts’

“No bended knee for me” – the Charge against Robert Beecher

“No bended knee for me” – the Charge against Robert Beecher

Gary Hunt
Outpost of Freedom
August 30, 2014

The charge against Robert Beecher is not based upon the malicious allegations made by FBI Special Agent Stanley H. Slater that Robert Beecher was involved in an operation, known as “Operation Mutual Aid”, to kidnap and torture a DHS agent. In fact, it seems that the threat implied by Agent Slater has, well, just disappeared. The only charge is “Felon in Possession of a Firearm”.

Now, before I proceed with discussing the charge, I want to establish a bit of background on the government and their US Code. Harvey A. Silverglate is an attorney. His book “Three Felonies a Day” is instrumental in beginning to understand the nature of that beast (government), when it targets someone for persecution (resulting in prosecution). It is suggested reading for anyone interested in the complexities, and chicanery of the federal legal system.

The Forward, by Alan M. Dershowitz, to Sliverglate’s book begins,

The very possibility that citizens who believe they are law-abiding may, in the eyes of federal prosecutors, be committing three federal felonies each day… But when the executive branch, through its politically appointed prosecutors, has the power to criminalize ordinary conduct through accordion-like criminal statutes, the system of checks and balances breaks down.” He continues, “These prosecutors threaten to indict underlings for conduct that is even further away from the core of criminality unless they cooperate against the real targets. Because federal criminal law carries outrageously high sentences — often with mandatory minimums — these prosecutorial threats are anything but illusory. They turn friends into enemies, family members into government witnesses and employees into stool pigeons. Silverglate believes that we are in danger of becoming a society in which prosecutors alone become judges, juries and executioners because the threat of high sentences makes it too costly for even innocent people to resist the prosecutorial pressure. That is why nearly all criminal defendants today plead guilty to “reduced” charges rather than risk a trial with draconian sentences in the event of a conviction.

On to Silverglate’s Introduction, where we find reference to a 1952 Supreme Court decision, Morissette v. United States, [342 U.S. 246, 250-251]. This is interesting because it states that there must be intent to be a criminal act, to wit:

The contention that an injury can amount to a crime only when inflicted by intention is no provincial or transient notion. It is as universal and persistent in mature systems of law as belief in freedom of the human will and a consequent ability and duty of the normal individual to choose between good and evil. A relation between some mental element and punishment for a harmful act is almost as instinctive as the child’s familiar exculpatory “But I didn’t mean to,” and has afforded the rational basis for a tardy and unfinished substitution of deterrence and reformation in place of retaliation and vengeance as the motivation for public prosecution.

Finally, Silverglate refers to an anecdote told by Tim Wu in a 2007 article titled “American Lawbreaking,” published in the online magazine Slate:

At the federal prosecutor’s office in the Southern District of New York, the staff, over beer and pretzels, used to play a darkly humorous game. Junior and senior prosecutors would sit around, and someone would name a random celebrity — say, Mother Theresa or John Lennon. It would then be up to the junior prosecutors to figure out a plausible crime for which to indict him or her. The crimes were not usually rape, murder, or other crimes you’d see on Law & Order but rather the incredibly broad yet obscure crimes that populate the U.S. Code like a kind of jurisprudential minefield: Crimes like “false statements” (a felony, up to five years), “obstructing the mails” (five years), or “false pretenses on the high seas” (also five years). The trick and the skill lay in finding the more obscure offenses that fit the character of the celebrity and carried the toughest sentences. The result, however, was inevitable: “prison time,” as one former prosecutor told me.

Hence the title, “Three Felonies a Day”.

The only charge against Robert, now, is a violation of 18 USC §922(g)(1) (the full text of §922(g) can be found at 18 USC 922). The pertinent part is as follows:

(g) It shall be unlawful for any person –

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

So, let’s look at the obvious intent of the law. First, “It shall be unlawful“, well, no problem with that.

Next, if that person “has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year.” Let’s assume for the sake of discussion, that that criterion has been met — that Robert has such a criminal record. So, now we move on to the third portion of the Statute.

It is unlawful “to ship or transport in interstate… commerce“. Now, this next phrase is rather interesting. “Possess” means “To occupy in person; to have in one’s actual and physical control“. So this must mean that you have in your control the firearm or you affect the commerce. The possession must be done while participating or affecting that commerce. Finally, “to receive any firearm or ammunition which has been shipped or transported in interstate commerce.” Well, that last one surely must be the direct recipient, the addressee – to “receive”, as opposed to “possess”. For if that were the case, it would read, “to possess any firearm or ammunition which has been shipped or transported in interstate commerce.” Otherwise, there would be an inequitable application of the law. The construction, if mistaken, would mean that you could possess the firearm, if it were made in your state, though you could not take it with you, if you moved. It would also mean that if the ammunition were not made in your state, then you could have the firearm, but could never use it. So, the only logical construction would be that you could not be the direct recipient – could not receive a firearm or ammunition shipped from another state. Otherwise, only those who live in a state that has a plant that manufactures firearms could possess one, and could use it only if the requisite ammunition were also manufactured within that state. If that were the case, then the federal law would only apply to those people who happen to live in certain states, which would fly in the face of the concept of equal justice for all. Further, it would defy the concept of Article IV, § 2, which states, “The Citizens of each State shall be entitled to all of the Privileges and Immunities of the Citizens of the several States.”

Finally, we need to look at what was intended by the Framers, as the prepared they plan for the creation of the federal government in devising the Constitution (Federalist Papers #62 – James Madison).

It poisons the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

The manipulation of the intent of a law to serve the purpose of persecution and an effort to convert decent people into informants, or, at least, force them into a submissive condition, thereby removing that spirit that made US America.

 

“No bended knee for me” – the Persecution of Robert Beecher

“No bended knee for me” – the Demonization of Robert Beecher

“No bended knee for me” – No Speedy Trial – Just Punishment

Liberty or Laws? “Felon in Possession of a Firearm” is Not Legal or Lawful

Liberty or Laws? – Appeasement

Liberty or Laws?
Appeasement

Gary Hunt
Outpost of Freedom
August 23, 2014

 

Last October (29, 2013), I wrote an article on “Appeasement – Giving in, inch by inch“. In that article, I addressed the appeasement, by the government, regarding both foreign and domestic matters.

At the time, it had not crossed my mind that we have a choice between “Liberty or Laws”, only that we had to try to change what was happening – though the methods of achieving that end varied, greatly. This current series, however, delves into the supposition that the country belongs to us, not the government. Not really a strange concept, as it was that very way of thinking that led to the Revolutionary War — that the country, in fact, belongs to the people of that country — that when government violates the trust, the people will either accept the condition, or the will take back that government. This concept is embodied in the Declaration of Independence:

Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when long trains of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide for new guards for their future security.

What happens, then, when the people continue with a doctrine of appeasement with government? Can there be any justification for such doctrine, and, if so, at what point in the invariable course of government do we determine to do our duty — for the sake of our posterity?

So, perhaps we should look at just how we are appeasing the government:

  • The Constitution provides that only Congress can declare war (Art. I, §8, cl. 11), though we have allowed both the President and Congress to engage in war, without a requisite declaration. Over time, it has become the “prerogative” of the President to engage in war, absent an objection by the Congress.       The provision in the Constitution was so placed so that the power and expense of war would not lie in the hands of one man.
  • The Constitution provides that only Congress call forth the militia to repel invasion (Art. I, §8, cl. 15), though Congress has failed to do so repel the invasion, in violation of existing laws regarding immigration, which can be described as no less than an invasion. If Congress called them forth, the President would be Commander in Chief but the obligation to utilize them to repel invasion could not be detracted.
  • The Constitution makes no provision for the federal government to become a benefactor, taking money from those that justly earn it to give to those unwilling to earn their own livelihood. This has historically been an act of private people and organizations, and to some degree, within the local community (Not Yours To Give). It was never mandatory, until the government decided to buy the favor (chicken in every pot) of a class of people.
  • The supporters of the Constitution, in addressing at least five of the state ratifying conventions, explained that “direct taxes” would only be imposed in an emergency (to pay for war, or other extraordinary events – See “Ratification” by Pauline Maier). Instead, we pay a minimum of 1/5th of our earnings directly to government. This does not include the taxes paid prior to purchase of an item by every person involved in the production of the item — compounding the true tax paid.       “He has erected a multitude of new offices, and sent hither swarms of officers to harass our people, and eat out their substance” (Declaration of Independence).
  • The First Amendment mandates that Congress “shall make no law respecting an establishment of religion“.       This means that they cannot set one church above others (and, to Framers, Christianity was the acceptable religion, the various denominations being the object of the Amendment). However, by administratively creating and forcing churches into 501(c)(3) status, then limiting what they could include within their sermons (except Muslim churches), they have “established” a religion that has no moral values, and allowed another to espouse values foreign to our nature, without consequence.
  • The Constitution makes no provision for the control of education of the children of the People. Public Education belonged, for over 180 years, to the public, not the government.       The Department of Education was created in 1867, under Reconstruction), though abandoned after a year of existence. Its purpose, at the time, was to “educated” southern children to Northern values. It was reconstituted in 1953 as the Department of Health, Education, and Welfare, and has become a source of absolute and arbitrary control over the education process throughout the country, in a form of indoctrination which exceeds anything ever imagined by Adolph Hitler, as a tool of government propaganda, to the point that basic skills have nearly been removed from the curriculum and social engineering programs have replaced them as the focus of the educational system.
  • With the recent militarization of police, and the ongoing efforts to restrict and outlaw gun ownership, we find that we are fast approaching absolute subjugation to government authority. We are far worse off than our English ancestors in the mid-seventeen-hundreds, when in Parliament, William Pitt said:

The poorest man may, in his cottage, bid defiance to all of the forces of the Crown. It may be frail, its roof may shake; the wind may blow through it; the storm may enter; the rain may enter; but the King of England may not enter; all his force dares not cross the threshold of the ruined tenement

And, we find that concerns that are recorded in our document of Independence from despotic government included within its concerns:

For quartering large bodies of armed troops among us…          For protecting them, by mock trial, from punishment for any murders they should commit on the inhabitants of these states” (Declaration of Independence).

For the sake of brevity, I will leave you to add your additional concerns regarding the intentions of government.

The question arises, do we stand for our Liberties, or, do we abide by fabricated laws? To continue on the path we walk renders us as guilty of appeasement as was Chamberlin prior to World War II, and our own government is today, as addressed in “Appeasement – Giving in, inch by inch“.

Appeasement
n. The action or process of appeasing.

Appease
v. pacify or placate (someone) by acceding to their demands.

Related articles:

Liberty or Laws? — Dealing with the Current Invasion

Liberty or Laws? — Militia in Defense of the State

Liberty or Laws? — Militia in Aid of Our Neighbor

Liberty or Laws? — Immigration or Invasion

Liberty or Laws? — Treason Against the State

Liberty or Laws? — Government and Patriots Aiding and Abetting Criminal Activity

Liberty or Laws? — … and jealously guard our Liberties

Liberty or Laws? Government Enforces Their Laws – Who Shall Enforce the Constitution?

Liberty or Laws? “Felon in Possession of a Firearm” is Not Legal or Lawful

 

Liberty or Laws? — Militia in Defense of the State

Liberty or Laws?
Militia in Defense of the State

gov const balance

Gary Hunt
Outpost of Freedom
July 21, 2014

Prior to the Constitution, under the Articles of Confederation, each State (nation) had a right to defend its borders. The Articles created a collective pursuit of defense of borders against the British.

With the ratification of the Constitution, there was a greater consolidation of the collective into a Union. It also imposed upon that Union an obligation to protect each State against invasion, first, within the Powers of the Congress:

Article I, § 8, clause 15– The Congress shall have the Power… To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.

Secondly, a guarantee (the only guarantee in the Constitution), with the mandatory “shall”:

Article IV, § 4– The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.

It is apparent, then, that protection from invasion warrants the attention, and cooperation, of the federal government. However, we must consider whether the States lost their right to repel invasion, absent the federal government fulfilling their oblation and guarantee. This, then, leads us to the 10th Amendment:

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

Congress was given the Power, though nothing makes that Power exclusive. If it had been exclusive, surely a prohibition against the state protecting its borders would have been written as a prohibition in Article I, Section 10.

Well, that all makes sense; however, can that right to protect a State’s borders be affirmed by example? Answer: Most assuredly. Though the incidents being used to demonstrate this “Right of the State” to protect its borders were from the early part of the 19th Century, there have been no changes to the Constitution that would eliminate that right.

* * *

The Toledo War

In 1835, based upon an incorrect map of the region, two lines were established between the boundaries of Michigan and Ohio. The land within this disputed area comprised about 486 square miles. Ohio had become a state in 1803, though the boundary in dispute was between Ohio and the then territory of Michigan.

Beginning in late 1834, Michigan’s Territorial Governor Stevens Mason sent the Militia to the disputed line and claimed that he would not use force, so long as Ohioans stayed out of the disputed area. Ohioan responded by sending their Militia to the same area. Michigan’s militia ended up arresting some Ohio Surveyors and Officials, firing some shots into the air to scare off others from the survey party.

The dispute was finally settled where President Jackson and the Congress redefined the boundary between Ohio and the Territory of Michigan, give each portions of the disputed lands. Finally, in 1837. Michigan was granted statehood.

The extent of federal authority was limited to resolving the dispute politically. There was no federal armed intervention.

* * *

The Honey War

Missouri became a state in 1821. The boundaries of the state were defined in the Constitution adopted at statehood. The description of the Northern boundary, however, was unclear and lay in Indian lands. At the expiration of the Indian’s usage of the land, in 1836, Sullivan surveyed the boundary. The future Iowa was then a part of Wisconsin Territory. The land, based upon subsequent review of the description of Missouri’s boundary, and a correct interpretation, created an overlap of up to 12 miles.

When a Sheriff from Missouri entered the disputed land to collect taxes, the locals (future Iowans) disputed his jurisdiction and he was arrested. Iowa Governor Robert Lucas warned Missouri Governor Lilburn Boggs that the Missouri sheriffs would not be allowed to collect taxes in Iowa. Boggs then threatened militia action to enforce the collection of the taxes. Both governors then called out their militia to the disputed area. The only damage being the destruction of some profitable honey trees, hence the name of the war. The two militia were called off when the dispute was submitted to Congress, and eventually, to the United States Supreme Court.

Although Iowa attained statehood in 1846, the Court did not settle the dispute until 1851. The extent of federal authority was limited to resolving the dispute judicially. There was no federal armed intervention.

* * *

So, there, we have it. The Constitution remains unchanged, and the States in these disputes, called forth their respective militia to protect their boundaries. Though nobody was killed, the face off and the potential for real war was present. The only federal solution was political or judicial.

Suppose, then, that the intrusion, without question of a boundary dispute, exists. Suppose, also, that the intruders were not Americans, rather, are foreigners. Would the federal government have any more authority than what has been discussed? Would they be limited, as they were in the past, to either a negotiated political solution, or a judicial determination? Is it possible that the right is inherent, in each State (or even as a territory) to defend its borders, by use of the militia?

If some unconstitutional law; Some federal mandate; Some divisive compact between the federal and state government; or, Some financial obligation, precludes the state from protecting its own borders against invasion, is it not, under the current onslaught of illegal immigration across state borders, an abrogation of the responsibility of the governor of any state who refuses to fulfill his duty?

If he should fail to do so, then the People themselves should recognize that the right to self-defense against invasion resides, ultimately, with them, whether under the Congress, the President, or the State governor, or the People who would become that militia force. In addition, nothing within that Constitution prohibits the militia from acting upon its own behalf. It only provides for subordination, if the higher governing authority does not abrogate its responsibility. The Tenth Amendment:

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

This is further supported by the oft-overlooked Ninth Amendment:

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

Ultimately, the final decision to act is in the hands of the People. It is their country; It does not belong to the Government. If the government refuses to act, especially, when the laws of the land require such action, both of federal and state government, the People are left naught — except to act on their own behalf — for their sake and the sake of their posterity.

 

Related articles:

Liberty or Laws? — Dealing with the Current Invasion

Liberty or Laws? — Militia in Aid of Our Neighbor

Liberty or Laws? — Immigration or Invasion

Liberty or Laws? — Treason Against the State

Liberty or Laws? — Government and Patriots Aiding and Abetting Criminal Activity

Liberty or Laws? — … and jealously guard our Liberties

Liberty or Laws? – Appeasement

Liberty or Laws? Government Enforces Their Laws – Who Shall Enforce the Constitution?

Liberty or Laws? “Felon in Possession of a Firearm” is Not Legal or Lawful

 

“No bended knee for me” – the Persecution of Robert Beecher

“No bended knee for me” – the Persecution of Robert Beecher

Gary Hunt
Outpost of Freedom
June 20, 2014

A few days ago, a post appeared on Facebook. It was rather brief, and rather poorly written, but it had a message in it. Fortunately, the person posting was willing to remove it from Facebook, pending an investigation into the veracity of what was said, as well as what was implied, in that post. The post was about Robert Beecher, who was recently arrested, either in a conspiracy “to kidnap and torture” a DHS agent, or a simple firearms violation. That point is still not clear, though it is what leads up to the “conspiracy” allegation that brought it into the limelight.

The post read, in part, “Robert [Beecher] has asked me to give the name of the person who the FBI says… is accusing Robert M. Beecher of “planning with him” to kidnap and torture an agent of the DHS. He is the one… his name was given by the FBI and whose statement the FBI used to swarm in on Robert at his place of work. At the same time, they hit Robert’s home property. The accuser’s name is Jerry Bruckhart, with the Operation Mutual Aid group.” As written, it is accusatory, though in fact, Beecher was trying to determine what the connection between he and Jerry Bruckhart was, which would lead to such an accusation. So, the subjects of the investigation are Jerry Bruckhart (co-founder of OMA), Operation Mutual Aid (OMA), as an organization, and Robert Beecher. It is the roles of the two people and the organization that is the subject of this article.

Payne and Bruckhart started Operation Mutual Aid [note: website has been taken down], a few years back. In 2012, Beecher, thinking that he had found a group that appealed to his objectives, joined as a member — an open membership organization. Bruckhart’s explanation of his relationship with Beecher follows.

In an interview, Bruckhart states that his knowledge of Robert Beecher is minimal. He did have a conversation, via telephone, with Beecher back in 2012, as he does with all new members of OMA. That is the only conversation he has every had with Robert Beecher. He states that he has been involved with discussions on various Internet pages where Beecher may have been involved in the same discussion, as his recollection of the name brings that possibility to mind. Sometime in 2013, Robert Beecher deleted his membership on the OMA webpage. It was a consequence of a disagreement regarding the purpose (Mission Statement) of OMA. Jerry further states that the FBI has never contacted him, though others had told him that the FBI had asked them about him.

Now, let’s look at Robert M. Beecher, the government alleged co-conspirator with Jerry Bruckhart, to “kidnap and torture an [unknown] DHS agent”. Beecher has a somewhat checkered past, having been convicted of some crimes over twenty years ago, that may preclude him from owning firearms.

Beecher is 60 years of age, is a III% Commander, and has been active in the patriot community for at least a couple of years.

Regarding the controversy with the OMA, Beecher states that it had to do with a call for an armed march on Washington, D. C., OMA was supporting the march and Beecher declared it a “bad idea” and that it was “suicide to attempt to occupy D.C., armed”. Though Beecher believed in the “Mission Statement” of OMA, he felt that this action was outside of the scope of that Statement. This is what led to Beecher removing himself from the rolls of OMA.

On May 6, 2014, FBI Special Agent Slater, a BATF agent and a local officer from Toombs County, Georgia, approached Beecher at work. He was told that he was “not under arrest, that they needed to talk about some things”. They then asked if he knew Jerry Bruckhart of OMA. Given the length of time since his dispute with Jerry, he took this question as a “sucker punch”. The agent said that they had received word from Pennsylvania (Jerry’s home state) that he had “agreed to assist Jerry in the kidnap of a Homeland Security Agent” and were in the process of recruiting two more people to assist. He was told that Jerry disclosed this information while being questioned on another matter. Well, this doesn’t seem to be in agreement with what Jerry has stated, though we will address that, later.

Beecher was arrested on a “Complaint”, with no affidavit indicating the commission of a crime, according to his statement. Additionally, a search warrant was served on his home. His computers and drives were confiscated, along with a .45 pistol along with a 30-30 rifle. This raises the question of the justification for the search. Was it based upon the alleged conspiracy with Jerry Bruckhart? Or, was it based upon the speculation, or proof, that he had firearms, in violation of his felony conviction, from years past?

Beecher_WarrantThe search warrant (click warrant for larger image) affords no help. According to the warrant, in “identify the person or describe the property to be searched and give its location”, we find “The Residence located at 118 Pine Mountain Road, Reidsville, Georgia 30453, outbuildings, vehicles located thereon, and the person of Robert Beecher”.

Conspicuously absent is the “Attachment B”, which is intended to describe what “is believed to conceal (identify the person or describe the property to be seized)”

Further on, it states, “I find that the affidavit(s), or any testimony, establish probable cause to search or seize the person or property”.

The warrant appears to be signed by “M. Smith”, though the “Printed name and title” bears the name “G. R. Smith”, and provides no title for that person.

Now, just think about the very general nature of the warrant. What did he do that justifies the warrant? What, specifically, are the looking for? Who really signed the warrant, and what is his title?

So, let’s go to the remainder of Beecher’s written statement:

As we got into their truck to talk, the FBI agent told me that “Just so you know, I have been following you for the past year and a half.” He then went on to question me about my beliefs, my involvement with the militias, other websites, and what my role as Commander in the III%ers was. He was curious as to what Operation American Spring was, who was in charge of various details involved, and who I was attending with.

[T]he FBI Agent told me I wasn’t “being truthful and at that point I was only hurting myself”, that the “Government wasn’t concerned with the preppers or survivalist, but was concerned with those willing to hurt anyone connected to the government.” I agreed with that and told him that was why I opposed Jerry Bruckhart’s attempt to have patriots march on DC armed. They didn’t seem too happy about that comment.

I was then placed under arrest and taken to Tattnall County where I was questioned more about various people involved in different groups and organizations. I kept telling them I wasn’t familiar with the names, and that because I dealt with a lot of people in different parts of the country, some with the same first names, that I was unsure of who they were talking about. Again I was told that if I helped them that they would help me, that they could help me get released if I helped them cooperate. Around 4:30, they read me my Miranda rights, and had a deputy take me to Chatham County. I was placed in segregation around 7:00 pm Wednesday the 7th of May, and kept isolated until Friday when they came to get me for court. Again they attempted to get me to agree to infiltrate W.R.A.M., Three Percenters, and Modern Militia Movement…

I was transferred to Bulloch County, the US Marshalls told me where I was going was a “hellhole” and wished me luck. I must say that these people, the US Marshalls and the GBI [Georgia Bureau of Investigation] have been the only professionals I have dealt with… I went to court, was declared a “menace to society”, and denied bond.

[Later] I told the agent I wasn’t sure about which group he was referring to, and that I needed to be out and access my computer before I could answer any questions. He then told me he would bring my computer to the jail, and the attorney chimed in that I could access the info that way. I responded in the negative and knew then there would be no bond – regardless…

The important thing for people to understand is that if they did this to me, how many others have been snatched and agreed to inform? Good people, but outside their limits dealing with lying ass federal agents?…

Beecher concludes the above statement with, “I have sworn my oath and I will uphold it to the end. No bended knee for me.”

The search warrant that was served, with only some of the paperwork being left at Beecher’s home, resulted in the confiscation of a .45 pistol and a 30-30 rifle.

Since we can’t find any elements of illegal activity on the part of either Bruckhart or Beecher, nor anything that suggests any recent communication, on a level that would be required for a conspiracy charge, we must look elsewhere for any justification, or should I say, rationalization, for the events that have unfolded. Darn, nothing wrong there. So, let’s bring in the other players.

We can start with the three that participated directly in the arrest. We have a local officer; we have a BATF agent; and, then we have FBI Special Agent Slater. Well, the officer was “just doing his job”, so we can discount him. Then, we have SA Slater, who brought up the suggestion of a conspiracy between Bruckhart and Beecher, which doesn’t hold water. Finally, we have the BATF agent who deals with firearms violations. But, why was he even brought in? Was the purpose simply a “fishing expedition”, to see if they could find something that would, eventually, lead to an actual criminal charge — if they found firearms? If so, what could be the source of such information? Well, it appears that there was a picture posted on Facebook showing Beecher holding what appeared to be a rifle (30-30?). Is that grounds for a warrant? Perhaps so, though the warrant doesn’t say it is so. Therefore, it must be far too insignificant, or in admissible, to bring any charges, or those charges would have been laid on the table from the beginning.

What other plausible explanation could be behind this whole episode, which has taken a man from his job and family, for nearly a month and a half, without even a presentation of any charge or evidence to justify these actions?

The only thing that comes to mind, and hasn’t already be addressed is, perhaps, the most terrifying of all. They used the power of the government, in contravention of 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.” Unfortunately, we have no
oath or affirmation” that supports any of the activities of the government for the search. This stinks of the concept of “Writs of Assistance” that were so appalling to the Founders, and lead to the specific inclusion of that Amendment in the Bill of Rights.

Further, we must also question the arrest, itself. He was lied to when he was told he was not being arrested, and then was arrested. Beecher stated (above) that he was arrested on a Complaint. If they had a Complaint, then they knew that they were going to arrest him. To do otherwise would be to lie, to deceive, to use chicanery, to violate the “Miranda Decision“, and to violate the Fifth Amendment to the Constitution, which read, in part, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury…” Of course, the government has circumvented the Constitution by using “Complaints”, for decades. The Framers, however, sought to leave the denial of liberty (jailing) in the hands of the people, not of the government. Even if the government’s argument for “Complaints” is valid, the intent, for “a presentment or indictment” surely requires that the charges be a part of the circumventing “Complaint”, though at over 45 days in, we have no charges.

What can we conclude from this? Well, try as I might, I can only draw one conclusion — that the government will use the “color of law” to deny Liberty (Life, Liberty, and the Pursuit of Happiness) that they are charged with protecting, and to intimidate a person who may have knowledge that they want, to entice him to turn against friends and neighbors, hoping to find some chargeable crime, and make a permanent “snitch” a member of their “team”. If Beecher were to sign a “plea agreement” to regain his Liberty, he will have made the first step into submission to the Big Brother that government has become. To understand this process, I would suggest that you read Informants Amongst Us?

Based upon my observation of the increase in activity of this nature, I think that I can safely predict that there is an escalation of this activity and it is likely to visit your neighborhood, in the very near future. This makes it imperative that we heed the proudly spoken words of Robert M. Beecher, when he said,

“I have sworn my oath and I will uphold it to the end. No bended knee for me.”

 

Additional article son Robert Beecher

“No bended knee for me” – the Charge against Robert Beecher

“No bended knee for me” – the Demonization of Robert Beecher

“No bended knee for me” – No Speedy Trial – Just Punishment

Liberty or Laws? “Felon in Possession of a Firearm” is Not Legal or Lawful

The Three Constitutions – Which One do You Defend

The Three Constitutions – Which One do You Defend

 

Gary Hunt
Outpost of Freedom
May 3, 2014

 

What? Three Constitutions? What must he be talking about?

What we will be looking at is that there are, in the minds of various people, especially those within certain vocations, who perceive the Constitution from a perspective differently than others might. It may appear that when we speak of the Constitution, we think that we are all speaking of the same document. However, we will explore whether there is a document attached, at all, to one of these perspectives; what minimal role the original Constitution plays in another perspective, and finally, the Constitution, as written and intended by the Framers.

Well, the conversation began when I was talking with an Oath Keeper. I had asked, regarding their stated of purpose of keeping their oaths by not obeying unconstitutional laws, just how they interpreted the Constitution. My query was whether that interpretation included the Fourth and Fifth Amendments to the Constitution they had “sworn an oath to”. Well, how do those come into play?

It that phone conversation with an Oath Keeper, that I first asked the question, “Which of the three Constitutions do they affix their oath of allegiance and obedience to?” Of course, he was as perplexed as I had been until the reality formulated in my head. So, let’s venture into the realm of, “I knew that, I just didn’t realize it”.

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.”

I have no trouble reading the words. Quite simply, they say that “Writs of Assistance” are no longer recognized in this country and that “unreasonable searches and seizures” cannot be conducted. That means, you can’t search to find something that might incriminate a person, you have to have a Warrant, which must be issued based upon “probable cause, supported by Oath or affirmation, and, particularly describing the place to be searched, and the person or thing to be seized.” It is clearly the intent of the Framers that the Warrant must be based upon knowledge of a crime, identifying the person or object to be seized. A judge, not a cop, must sign the Warrant and it is supported by an oath, which must be based upon personal knowledge.

Now, this is a tough concept to those of us who have been raised in a world where that line, as defined by the Constitution, and that which we recognize to have moved by interpretation, has been so blurred that we accept the latter, without due consideration of the former. (To understand how this worked in the time of our Founders, see Are Cops Constitutional?)

However, before we get to how this applies, we must visit, also, the Fifth Amendment, or at least a part of it:

“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.”

Let’s start by attempting to understand what the (perhaps intentionally archaic) phrase, “held to answer” means. Well, I answer when I go to court to “answer” to the charges. Simple enough. So, let’s go to the other, “held”. Well, if you are arrested, you are held or detained. Again, quite simple.

Now, let’s visit the next portion, “for a capital, or otherwise infamous crime”. We all know what capital is, and, with a little research we find the “infamous crime” transitioned into “felony”, though its original meaning did carry with it a crime that could result in imprisonment for a year and a day, or more. Those crimes had to be against person or property. They were never, at least back then, applied to a rule violation, as they are in many states, now.

So, putting these two elements together and coupling it with the final provision of this portion of the Amendment, we get paraphrasing, based upon interpretation of the wording and apply it to our language of today:

No person may be arrested and charged in a court of justice (yes, that is what they were called back then, not a court of law), for the serious crimes bearing either the death penalty or over one year in prison, that crime being against person or property, unless a Grand Jury, comprised of “good and honest men” determine that there is probably cause that the crime alleged did appear to have taken place.

To better understand what was intended, I might direct you to The Right to Self Defense , which discusses both arrest, under the Constitution, and killing a law enforcement office attempting to serve an unlawful warrant. Yes, he could kill that officer.

Have you every scratched your head when someone is “arrested for resisting arrest”? First, where is the warrant demonstrating that he was to be arrested for resisting arrest? Second, where is the warrant for the alleged crime that he is to have committed, warranting the arrest that he was arrested for resisting? Wait! Where is our Constitution? Has it, too, been arrested? The answer to that last is, unequivocally, yes. So, let’s venture into that First Constitution.

Superiors tell Law enforcement officers what they can, and what they cannot, do. They accept those instructions as if they were firmly grounded in the Constitution; whether by deception or assertion of their “them or us” authority. Regardless, both the Second and Third Constitutions will be violated by this activity.

Before we get to that, we have to think back to many situations, mostly in those two unconstitutionally undeclared wars, on drugs and terrorism. Well, that can’t be all bad, can it?

As we have seen in Interstate highway stops, resulting in unlawful searches, they have been challenged in the Supreme Court. So, the Court decided that “just searching because of suspicion” doesn’t pass muster (note that I didn’t say “constitutionality, which will be addressed, shortly). However, once the person is no longer detained as the result of the traffic stop, whether valid or not, the rules change. The officer can then, after he has said, “you are free to go”, ask for permission to search. If the answer is yes, he searches. If the answer is no, then he can justify “suspicion”, based upon the answer, even though he may have to call the drug or explosive smelling dogs, he has achieved the point of an unconstitutional search, the Constitution notwithstanding.

So, this began, and not just in the highway searches, as an act by the officer, firmly believing that he has constitutional authority, because his boss told him he could do it — just obeying orders, sir — an act has been committed outside of any reasonable constitutional authority.

Thus concludes the First Constitution.

Now, let us eaxamine the Second Constitution. When the Supreme Court ventures into a matter before it, when they rule, we assume that the ruling is based upon the “constitutionality”. Silly us, we are so deceived. Let’s take a decision made just a few days ago, Hedges v. Obama, U.S. Supreme Court, No. 13-758, wherein the Court said that Hedges had no standing to challenge the National Defense Authorization Act (NDAA) as unconstitutional. Why can’t we challenge a law, made by the legislature, or even an administrative agency, to see if we are bound by that which the law applies?

Here is what James Madison said about laws in Federalist Paper #62:

It poisons the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

So, did they rule on the Constitutionality, as we would expect? No, they did not; they only said that they won’t hear the matter, since Hedges had no standing. But, more about standing, shortly. Just remember this, “Rule #5”, as we continue.

Now, let’s look at another decision from 2012, dealing with Patient Protection and Affordable Care Act, National Federation of Independent Business v Sebelius, Supreme Court, No. 11-393. This is the case that many of us are familiar with because of Chief Justice Robert’s opinion, wherein he held that the “penalty” described in the Statute was not, in fact, a penalty, rather that it was a “tax”. Well, was he addressing constitutionality? Now, just remember “Rule #7”.

Finally, at least in subject matter for consideration of the Second Constitution, let’s look at our belief that the Supreme Court rules on the Constitutionality of most, if not all, of the matters before it. I will refer to Rules #1, #2, #3, #4, and #6. Well, that’s all of the Rules, and you can find out what that means, in the words of Justice Brandeis, by going to About Ashwander v. TVA.

So, the Second Constitution is the one that most believe to be the “real” Constitution, as set forth by the Framers. Instead, we find that it is the “Constitution” promulgated (or, should I say foisted upon us?) by a Supreme Court that is unclear or ambiguous in their decisions, or is simply codifying the incremental expansion of police powers by slowly decimating our rights, from case to case, extending those powers to law enforcement and other agencies of government. Most attorneys (if not all) are taught this as Constitutional Law, most often dealing with cases decided after the early 1900s. After all, many of them are in direct conflict with the John Bad Elk decision from the Self Defense article (linked above). It was in the late 1800s that Yale began teaching case law instead of substantive law. That change allowed the Court to avoid consideration of constitutionality, in favor of what has resulted in incrementally undermining the written word and the intent of the Framers, along with our Rights, in favor of what can best be described as a Despotic government — death of the Constitution — by judicial activism.

So, on to the Third Constitution. This does not require any special skills, it only requires that you get a copy of the Constitution, remove those preconceived notions (based upon the above) of what you have been lead to believe it says, and digest each and every word of it.

So, what we have seen is that the First Constitution is an interpretation by a chief law enforcement officer who believes that he has to give his “troops” a greater discretion in fighting the evils of “them”, whether under the guise of the War on Drugs, terrorism, Officer Safety, or any other rationalization. This, then, becomes a practice that, when it appears to violate the Constitution, will be challenged by an individual, an organization, ACLU, SPLC, or even the Justice Department, for the purpose of getting a ruling from the Supreme Court, hopefully to obtain an extension of police powers or a further encroachment on our Rights. But, have no fear. They will run this same gauntlet, yet again, to revise the Second Constitution, each time, granting more powers and obscuring more rights. Each of these is a subversion of the Constitution that created the very government that is intent upon destroying the limitations within the Document, and expanding those powers that were intended to be limited.

So, the final question for you to answer is, which Constitution have you taken your Oath to?

Habeas Corpus Suspended by the United States Supreme Court – Another Story Behind the Story

Habeas Corpus Suspended by the United States Supreme Court
Another Story Behind the Story

Gary Hunt
Outpost of Freedom
December 5, 2013

[Note: This is the second part of the article, “Habeas Corpus Suspended by the United States Supreme Court – The Sacred Writ has been Removed from the Constitution” and deals with the impact on the Petitioner/author, as a consequence of filing the Habeas Corpus.]

I had often wondered if the Habeas Corpus would pose a serious problem within the government if what appears, by my research, to be a means of nullifying “unconstitutional laws”.  I had been doing some research on the subject of the “sacred writ” prior to the current case.  However, it was in December of 2011 that I received a phone call from the sister of the last member of those indicted as the “Florida Common Law Court“, who was going to stand trial after over 15 years from the first trial.

At that point, my serious research on the subject of Habeas Corpus began.  The first three-page Demand (Habeas Corpus, February 2012) was rather meager, however, anticipating our “day in court”, the hearing on Habeas Corpus would allow light to be shed on what I had, at that time, discovered.

When that first Habeas Corpus was ignored by the Sheriff and District Court (assuming that the Sheriff had send it to Judge Merryday), it became apparent that the Petition, itself, would have to contain the argument that the laws that Mr. Myers was being prosecuted under did not apply to him, as all of the actions alleged were already covered by state law.

My receipts show that the Sheriff, the District Court, the Appellate Court, and the Florida Supreme Court all received their “service” on February 12, 2012.

Just a few days before, I had set up a webpage — the first time that Larry Myers’ name and mine were ever associated together on the Internet — to post the progression of the pursuit of justice under the “sacred writ”.

The next day, February 13, 2012, I found that there were at least forty hits to that webpage using the search term “Gary Hunt Larry Myers”.  I only briefly looked, as it didn’t strike me so much, at the time, what was happening, though I do recall that four of those addresses that did the search and went to that page were domain “uscourts.gov” and were from Rochester, Seattle, and San Diego (2).  The remainder of them, in that short period that I checked, were from phones and personal computers from various locations around the country.  In hindsight, I should have followed those visits through the remainder of the day, and, captured images of the “hits” on my statistics page.

At that time, I had no idea of just what this might be the beginning of, though the surprise would be forthcoming.

In November 2008, I retired, applied for, and began receiving Social Security benefits.  I had not paid income tax since 1984, so within a month of receiving my first Social Security check, I was notified that the Internal Revenue Service has taken a portion of my benefit — that should I have any questions, to contact the IRS, not the Social Security Administration.  I discussed this with my wife and she asked me not to challenge the IRS (the most feared government agency in the United States); that we could do well enough with the amount that remained.  So, I relented, and, for the next three years received the reduced “benefit”.

In Mid February 2012, an IRS agent visited me for the first time in well over a decade.  We had a conversation over the fence, with my dog looking on, and I refused a service from him.  In a letter from that agent, dated February 24, 2012, after nearly four years of not working and having no taxable income, I find that they have found that I owe them $188,489.41.  Not to be bogged down in the details, since 1985, I have dealt with various agents.  They always relented, and nothing came of any effort to collect what they might think I owed them, nor did they even attempt to garnishee my wages.  However, this attack, so timely made, was unrelenting.

I had begun checking my site visit stats a bit more regularly and I ran across this one from February 24, 2012 – a visit from the Treasury Department.

In a letter from the Social Security Administration, dated March 1, 2012, I was informed that they were increasing the benefit reduction, though they assured me that I would continue to receive the residue.  The amount was that I received was reduce to $812, but they assured me that I would continue receiving payments on the third of each month, thereafter.

In April 2012, I was again notified by the Social Security Administration that the IRS was to receive all of my Social Security Benefit, and I was to get none — after contributing to that system for 45 years.  This is also contrary to the IRS’ own rules that require that they exempt me from levy for a portion of my benefit (IRS form 1494).  Well, there goes forty-five years of contribution (full faith and credit in the government), down the tubes.

I had been involved in a few other patriot activities, during this time.  Two of them had rather interesting potential.  One was the Arizona Committee of Safety (ACOS), which was modeled on the historical example of the Revolutionary War era.  Though it was unnoticed, at first, by March 10, 2012, elements within the groups had created disturbances that became downright disruptive, eventually leading to the resignation of the Chairman.  Increasing turmoil resulted in the organization being taken over by parties who had completely lost sight of its purpose (as per the by-laws) and making it impossible for the group to remain viable.  By May, the Arizona Committee of Safety had fallen into ruin.

Another organization, the Patriot Unity Coalition (PUC), which came into existence in December 2011, was formed to discourage its members from participating in activities that disparaged other patriots or organizations, unless through a proper forum, such as the Committee of Safety – Common Law Court.  Internal turmoil, violation of the by-laws by some members, and total disruption of the PUC, resulted in its demise by April 8, 2012.  This resulted in starting over, again, with the Coalition of American Patriots (CAP).

Both of these organizations had been proceeding along constructive courses until all of a sudden, out of nowhere, disruption came on with such force that it could not be countered, resulting in both efforts being totally destroyed.

Now, it is possible that they would have followed the same course, absent any outside influence, however, if we look at the timing, and the fact that I was a principal player in each, perhaps there is more to their demise than meets the eye.

We can go one step further.  Back in 1995, Bill Cooper, a well-respected patriot, claimed that I was John Doe #4, and in Oklahoma City on April 19, 1995.  That allegation, which first found its way in fax networking, began floating around the Internet, though never to any significant degree.  From time to time, a discussion would be brought to my attention where the allegations of John Doe #4 arose.  I would join the discussion and ask the group to pick one of their members, who I would direct to a well-known patriot who was with me, in Florida that morning.  I chose this method in lieu of going public with the witness to my whereabouts, as it might have been disruptive to his business, if everybody wanted to call him to verify where I was.  So, the selected party would contact the witness, verify that he was who he claimed to be, and report back, thereby quashing one source that was perpetuating the allegation.

Frankly, that allegation problem wasn’t that serious, until sometime in March 2012, when many of my friends and contacts reported that the John Doe #4 story was proliferating on the Internet.  So, after 17 years, the time had come where I was to take the matter on, or succumb to the falsehood, which would result in a “no credibility” attachment to anything else that I wrote, or might write in the future.

Prior to the show, a Google search was done by at least three of the people I was working with.  The search “Gary Hunt John Doe 4 OKC” gave over 46,000 results.

On March 3, 2012, Randy Mack, host of “You Have Tread On Me”, aired an Internet radio show entitled “Gary Hunt Exposed as John Doe #4 at OKC“.  The show appeared to be quite effective, and a subsequent Google Search, same criteria, resulted in less than 4,000 hits — more than 40,000 hits removed from the search engines.

Now, it would be easy enough to write these occurrences off as “coincidence”, if it were just one or two.  However, in light of the timing, and the disruptive effect on my finances, reputation, and the efforts of others to come up with viable means to pursue a Restoration of Constitutional Government, that is a very hard pill to swallow.

This, then, leads to the final image from my stats.  On November 13, 2013, just one day after my Petition for Rehearing was docketed for conference, we get a visit from a DHS Fusion Center.

 

Note that in the Fusion Center (the information at the bottom comes from a government Fusion Center listing), the email address is to the local Sheriff’s Department, not a federal agency.

 

 

 

 

Habeas Corpus would stop such extension of authority over our local governments.

 

 

 

So, there, you have it.  If you understand what the Supreme Court has done to remove that sacred right embodied in the Constitution, you might also realize that if this is to change, it will be to the benefit of ourselves, our Posterity, the Constitution, and the insight of the Framers who wanted to give us a form of government that would not find us resorting to our “duty“, according to the Declaration of Independence, to secure our Liberties”

Prudence, indeed, will dictate that governments long established should not be changed for light and transient causes; and accordingly all experience hath shown that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed.  But when long trains of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such government, and to provide for new guards for their future security.”

I believe that, if we can muster our forces, the Supreme Court needs to be put on trial in the Court of Public Opinion.  This would require a massive effort to get the information out to as many as possible, such as:

To your Congressional Representatives, as the Court has usurped their authority.

To radio and TV talk shows.

To patriot websites.

To everybody on your mailing lists, with a request that they pass it on to all of their lists, show hosts, representatives, etc.

Let the Court of Public Opinion Convene

The People and the Constitution v. United States Supreme Court

 

Bound by Oath!

Bound by Oath!
Are there 3 Constitutions?

 

Gary Hunt
Outpost of Freedom
November 5, 2013

 

Having touched upon the subject of Honor (Bound by Honor?), we shall now venture into the subject of that Honor.  From the ratification of the Constitution, through today, it has been held that an oath is one of the requisites for office.  It was required of the President (Article II, § 1, clause 8) and the “Senators and Representatives … and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States” (Article VI, clause 3).  It was so important that a violation of that oath was enforced, after the Civil War, with a prohibition against holding public office to all who had taken such oath and then joined “in insurrection or rebellion” (14th Amendment, §3).  All state constitutions have, likewise, adopted requirements for an oath of office to hold positions of public trust.

It is reliance upon the obedience to that oath that is the framework that the Framers relied upon to maintain that institution created by the Constitution, the government of the United States, intact and honorable.

The introduction of the “United States against all enemies, foreign and domestic” provision dates from 1953, with the Immigration and Nationality Act of 1953.  Since 1966, the current oath, retaining the “enemies” provision, has remained unchanged

Unchanged, however, is the fundamental recognition to obedience to the Constitution, and, to the state’s constitution for all state offices.

This leads us to look into that subject of the oath, the Constitution.  However, to understand this relationship, we need to look very closely at the document, and what it means.

I believe that this can be best understood by looking at the Constitution in a perspective of the application of the document, and just what the perception, by the oath takers, is of that document.

So, let’s begin at the lowest level — the on the street enforcement level.  The cop (Sheriff’s deputies, other armed agencies, including federal) perceive the Constitution that they took an oath to as what they have been told by their superiors is entailed in the Constitution.  Let’s refer to this as Constitution #1.  For example, and the Supreme court has played a role in this, if they are told that they can make searches and arrests based upon their individual judgment — if they believe that a crime either has, or may be committed — they are within their power to search and/or arrest people of whom they have suspicion.

This has become manifest because it was practiced by law enforcement, in violation of the Constitution.  Once challenged, it can go before the courts, and, eventually, to the Supreme Court, where that Court will rule, often contrary to the Constitution (see About Ashwander v. TVA), which now gives us Constitution #2, that being the Constitution, as determined by the Supreme Court.  However, if they had determined not to rule on the Constitutionality of a matter before them, “The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of” (Ashwander, rule #4), then are we to assume that their rulings are actually interpretations of the Constitution?

This, then, leads us to Constitution #3, the Constitution as written and intended by the Framers and those who ratified it.  The Constitution is comprised of about 4,400 words.  Add the first Ten Amendments, including the Preamble thereto, for another 700 words.  Simple, yet easily understood; written in the English language, not in legalese; intended to be understood by any literate person, not subject to interpretation, except where construction failed to address certain conflicts that might arise, the Constitution was written for us, by our ancestors, to be the foundation for the continuation of a self-governed people, so long as we understood and abided by it.

We must first understand that our separation from English rule was predicated on the concept that the people “are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness.”  It was for the protection of Life, the preservation of Liberty, and the ability to acquire property, that lead to those Founders taking action to re-secure that which had been denied them — the Rights of Englishmen — by the British government.

We know that the purpose of government, as declared in the Preamble to the Constitution, is “to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity.”  We need only understand that “promote the general Welfare” is preceded by “promote”, not “provide”, for us to proceed.

Clearly, no matter what our own emotions may suggest, there is nothing in the Constitution that makes any provision for the government to become a “charitable organization”, taking from some and giving to others.  In fact, this would be contrary to the principles of self-government, in that government has become the master and determines just whom he might favor with gifts (and the inherent votes that will follow from the beneficiary).

Let’s look at some more of the precise wording of Constitution #3, as well as comments with regard to what was intended:

Article I, Section 8, clause 11: The Congress shall have the Power … To declare War…

Congress has not declared war since December 1941, yet we have the longest war in our history going on, right now.  The war in Afghanistan began in 2001.  That is twelve years — the longest war in our history.  The Framers realized that the decision to go to war, and to invest the lives of America’s youth, should lie with the representatives of the people, the Congress, and not with an individual.  Why has Congress collectively rejected their oath by enacting legislation that allows the President to go to war, so long as Congress doesn’t object?  Quite simply, they can absolve themselves of the responsibility that they agreed to take upon themselves, when they took their oath.  Quite possibly, their abrogation of responsibility results in substantial ‘support’ from the Military-Industrial Complex that President Eisenhower warned us of, when leaving office.

Article I, Section 8, clause (15) The Congress shall have the Power … To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions.

This recognition of the Militia, whether called forth, or not, recognizes the Militia as an inherent part of the concept of self-government.  Further, 10 U.S.C. § 311 states that “[t]he militia of the United States consists of all able-bodied males at least 17 years of age and… under 45 years of age.”  So, how is it that those who have taken an oath to the Constitution can object to, and demonize, those citizens who recognize their obligation to the Constitution.  After all, is “all”, ALL?  Less, of course, those specifically exempted.

Section 4– The United States shall guarantee to every State in this Union a Republican Form of Government…

Just a single example, among many currently available, is the 2008 California Proposition 8, titled “Eliminates Rights of Same-Sex Couples to Marry. Initiative Constitutional Amendment”.  The voters, in accordance with the California Constitution and laws, approved the Preposition, which resulted in making it a part of the California Constitution, which is an act of the “Republican Form of Government” guaranteed by the United States Constitution.  After all, no authority was granted to the federal government that had anything to do with “marriage”, except its recognition of marriage in 1 U.S.C. § 7, Definition of “marriage” and “spouse”.  “In determining the meaning of any Act of Congress, or of any ruling, regulation, or interpretation of the various administrative bureaus and agencies of the United States, the word “marriage” means only a legal union between one man and one woman as husband and wife, and the word “spouse” refers only to a person of the opposite sex who is a husband or a wife.”

However, California Supreme Court justices, who had taken oaths to both the California and federal constitutions, ruled, in “In re Marriage Cases”, (43 Cal. 4th 757), that held that laws treating classes of persons differently based on sexual orientation should be subject to strict judicial scrutiny, and that an existing statute and initiative measure limiting marriage to opposite-sex couples violate the rights of same-sex couples under the California Constitution and may not be used to preclude them from marrying. However, in reviewing the California Constitution, I can find no reference to “same-sex couples”.

On appeal to the federal courts, they, too, held, though on slightly different grounds, that the Proposition — the will of the people of California — was unconstitutional.  They have yet to rule on the statute (1 U.S.C. §7) cited above, though apparently it has been constitutional for many decades.  Those judges only took an oath to the federal Constitution, though, again, I find no reference that would grant the federal government to become any more involved in marriage than to recognize what it has been, for centuries.

Amendment 1: Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof…

Contrary to many opinions, it does not say that there is a “separation between Church and State”, which is attested to be the numerous depictions of Moses and the Ten Commandments on the United States Supreme Court building.  So, let’s look at what it says.  “Congress shall make no law respecting an establishment of religion” Those cities and towns that have adopted Sharia Law have certainly done so.  However, many states or counties had laws that were derived from the Ten Commandments.  , even though many of those laws based upon the Ten Commandments have been removed.  However, there is a law that requires that a religion must pass certain steps (Internal Revenue Code) to qualify as a religion, thereby becoming exempt from taxation.  That, in itself, seems to be a law respecting the establishment of religion, since the religion is not established (at least in the eyes of government), unless it abides by the law that establishes it as a religion.  Once established, laws come into play that restricts what can be said by the religious exercise of the congregation.  However, those who have sworn an oath to the Constitution, either as elected representatives, or, appointed, or hired, agents of government, have promulgated laws that, by reading of the words, and a review of how those words were applied by the Framers, we can conclude that the oaths have been violated, even though many of them were taken on a Bible.

Amendment 2: A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.

I have trouble understanding why people can’t understand, “the right of the people to keep and bear Arms”, which along with the Militia (previously mentioned), cannot be infringed.  However, those who have taken an oath to the Constitution seems to be as remise in understanding what this means as they are in understanding the oath that they took.

Amendment 4: 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.

Searches are often conducted without a warrant, or at least a warrant served on the person whose property is to be searched.  Legal process, for such as subpoenas, requires that paperwork be served.  There are numerous methods of legal service, however, the constitutionally prescribed warrant is held to a much lower standard than, say, serving divorce papers.  Divorce, however, is not protected by the Constitution.

The Amendment also requires a sworn statement of probable cause, and “describing the place to be searched, and the persons or things to be seized.”  Two hundred years ago, warrants were specific, describing exactly what was to be seized, and where it was located.  More recently, a warrant might include the entire house, or property, seeking all papers, computers, discs, tapes, books, and anything else that might be found.

We also find that searches, with the blessing of the courts (whose judges have taken an oath), have allowed the police to make searches almost any time, relying on their nose, their ears, or their instinct, to justify the search.  This, without question, is appalling.  And, if nothing is found, there is no remedy for the person whose liberty has been lost, for the time involved, which doesn’t even begin to suggest that there is any accountability on the part of the police.  Roadside stops and searches have become a mainstay of law enforcement.  Didn’t law enforcement officer, too, take oaths?  Perhaps to Constitution #1.

Did the Constitution intend a police state, or a free state, where the obligation was on the government, not on the people?

Amendment 5: No person shall … be deprived of … property, without due process of law; nor shall private property be taken for public use without just compensation.

Both “Eminent Domain” and “Asset Forfeiture” come to mind, when we read the wording of this Amendment.  The former is lawful, though limited, while the latter is unlawful and unconstitutional, without equivocation — unless you are an attorney intending to subvert the Constitution for financial gain.

So, we can start with the purpose, “public use”.  Public is not the government, it is us.  The concept of eminent domain goes back centuries and was intended to make inviolate your right to own and posses property, with the sole exception of the “public good”.  So, what is this “public good”?  Well, roads, canals, rivers, lakes, parks, even easements allowing utilities to be put across your land to serve others of the public.  To extend this concept to land being condemned by eminent domain, and then sold to a private developer, who will then be paying a higher tax on the property than the previous owner(s), is bizarre.  It is chicanery utilized to transfer one’s property to another, and require that transfer to be forced, rather than voluntary, regardless of the compensation to the owner(s).  The courts, however, by judges and justices sworn to the Constitution, have acquiesced to such chicanery.

Asset forfeiture, without any compensation, is clearly outside of any constitutionally vested authority.  [N]or shall private property be taken … without just compensation” leaves no room for any other construction of the intent.  However, to those who have taken oaths, it is simply a matter of obfuscation to distort what was intended to that which will serve their friends and allies.

Amendment 9: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Based upon the above, have we retained those rights that were not enumerated in the “Bill of Rights”?  Even those enumerated, which we have addressed here, are been denied, as has been explained.

Amendment 10: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

We have also seen that powers not delegated, such as marriage, have been assumed into “authorities” that were not delegated by the Constitution.

So, we can conclude that those who take oaths will take them to one of the 3 Constitutions.  The police, for the most part, take them to Constitution #1.  Most administrative officials, at all levels of government, being, perhaps, a bit more intelligent, tend to take their oath to Constitution #2.  Few, if any, take it to Constitution #3, and that includes the highest powers — the Justices of the Supreme Courts — in government.  They are more inclined to assist those others in government to increase their stranglehold on the people, and usurp powers that were never intended by the Constitution, or the state constitutions.

It is only when the people take an oath in court, or when military personnel take their oath upon induction, that the law expects them to abide thereby.

The Constitution has a provision (Article V) for making changes.  The oath, however, has no such provision.  Once given, the oath taker is bound thereby.  Absent a change in the Constitution (Constitution #3), the violation of oath should result in immediate removal from office.

We have discussed what was intended, though some might suggest that what has been discussed is not what was intended.  For those who want some insight into the intention of the Framers, we can look to how they practiced what they had written.

What could be more demonstrative of intent than actions, which put that intent into practice?

Regarding juries, I would suggest Essay on Trial by Jury (PDF) (1828)

Regarding searches, arrests, and the authority of law enforcement, I would suggest Are Cops Constitutional? (PDF)

Bound by Honor?

Bound by Honor?
Secrecy vs. Honesty

 

Gary Hunt
Outpost of Freedom
November 3, 2013

 

There is an inherent tendency to suppose guilt, when someone lies about an incident.  Many applauded when Martha Stewart was sent to prison for 5 months for lying to investigators about some stock dealings.  The charge was not perjury, rather, “obstruction of justice” If someone lies about, say, a relative’s whereabouts, though the lie may have been told to protect someone’s privacy rather than obstruct justice, it is a presumption of guilt on the part of the person “hiding” information, as well as the object of the investigation.  Quite frankly, we have been conditioned to accept that lying is an implication of guilt, without regard to the cause for the lying.  This, of course, is instilled in us by the big brother mentality of being protected by the government.

Perjury, the willful telling of a lie while under oath, is criminal.  It always had been, and, it always should be.  This, perhaps, is the foundation of the above, yet in many cases, an oath is not a part of the lying, though still held to the standard of proof of guilt.

So, we can conclude that either by law or by implication, the people believe themselves bound to truthfulness, when dealing with the government.

What of those in power, whether a policeman in traffic court, a politician running for office, those elected to run the machinery of government, or those holding the highest offices of trust in this nation?  Are they not bound, while in their official capacity, whether an immediate oath is required, or they are simply bound by their oath of office, “to support and defend the Constitution” and in the realm of state officers, of the constitution of their state; are they not even more bound to truthfulness?

It seems, however, whether the cop in court, an elected official running for re-election or standing before Congress and/or the people, the Attorney General of the United States, or even the Executive Officer (president) of the United States, have a flagrant disregard for their oaths and the people of the nation.  They, and the press that supports them, seem to be immune to such a lowly concept as a sense of honor.  To most other people, lying is both dishonorable and criminal.

In Congressional hearings, an official of the United States, flat out declared that he knew nothing about “Fast and Furious”, which sent hundreds of legal and illegal arms south of the border.  Subsequently, the evidence shows that he did know and probably condoned that operation, yet he still holds his high office, at our expense.  The extent of punishment is, at best, a mild rebuke.

Similarly, we have an Executive and congress-critters that make promises.  Should those promises, absent a well-justified reason to the contrary, be held to the highest standards of honor?  And, if made frequently, deemed to be lies, based upon a lack of intent to fulfill when offered?

National Security is the mask behind which the government seeks to hide information.  A search for a definition of “National Security” in the United States Code (US Code) yields no results; however, it does contain rather ambiguous references to protecting national security.

Wikipedia provides some insight:

There is no single universally accepted definition of national security.  The variety of definitions provide an overview of the many usages of this concept.  The concept still remains ambiguous, having originated from simpler definitions which initially emphasized the freedom from military threat and political coercion to later increase in sophistication and include other forms of non-military security as suited the circumstances of the time.

From that same source, we can find some apparent contradictory definitions:

Arnold Wolfers (1960), while recognising the need to segregate the subjectivity of the conceptual idea from the objectivity, talks of threats to acquired values:
“An ambiguous symbol meaning different things to different people.  National security objectively means the absence of threats to acquired values and subjectively, the absence of fear that such values will be attacked.”

The 1996 definition propagated by the National Defence College of India accretes the elements of national power:
“National security is an appropriate and aggressive blend of political resilience and maturity, human resources, economic structure and capacity, technological competence, industrial base and availability of natural resources and finally the military might.”

The former inclined toward protection of the nation from external efforts to change its “values”; in other words, to protect the nation and its people.  The latter, however, appears to be more inclined to protect the government from its own people, and to bear no responsibility or accountability.

So, let’s look at what happens when government officials break the law and lie about it.

Valarie Plame was inducted as a CIA officer in 1985.  From that point forward, she acted as a covert operative for the CIA until, in July 2003, Robert Novak, using information obtained from Richard Armitage at the US State Department, exposed her as an operative.  Plame eventually resigned her position in December 2005.

This, exposing an agent, can, without a doubt, by considered a breach of national security, as it divests the government of continued utilization of the agent for the purpose for which that person was trained.

Subsequent investigation by a grand jury resulted in the indictment of Lewis “Scooter” Libby for his role in the divulgence of the name of the agent.  In March 2007, Libby was convicted of obstruction of justice, making false statements, and two counts of perjury.  He was acquitted on one count of making false statements.  He was not charged for revealing Plame’s CIA status.  His sentence was 30 months in prison and two years of probation.  In July, President George W. Bush commuted Libby’s sentence, removing the prison term but leaving in place the probation.  Libby, who did violate the concept of national security and did obstruct justice by lying, served less time, four months, than Martha Stewart did.

Based upon the legal ambiguity of “national security”, it can be turned against the people, when it serves the government, and it can be used to protect those who work for the government, since there is no legal definition.  It is a subjective determination by the prosecutor, who is an agent of government.

So, we can see that lies are bad, when told by the public, even without an oath that is required by jurisprudence to rise to the level of criminal.

On the other hand, government, from traffic cop to President, can lie under the guise of national security, and is subject to discipline only when the press (the elite press, as much a part of government as other officers — and, which lies to us, daily) or other circumstance rise the incident to a level of national public attention.

It follows, then, that citizens are held to be honorable, while those serving the government are not, in the least, Bound by Honor.

Appeasement

Appeasement
Giving in, inch by inch

Gary Hunt
Outpost of Freedom
October 29, 2013

 

Appeasement
n. The action or process of appeasing.

Appease
v. pacify or placate (someone) by acceding to their demands.

So, what does appeasement have to do with anything?  Perhaps pacifying or placating someone would avoid potential problems.  It can’t be a bad approach, can it?

Perhaps a brief history of appeasement, as applied from a political standpoint, just about seven decades ago, will give us a better understanding of the consequences of appeasement.  So, let’s look at a brief history of appeasement leading up to the beginning of World War II.

Appeasement and World War II

At the close of World War I, the Treaty of Versailles set certain conditions on the losers, especially Germany.  Among those was a limitation of 100,000 troops in their army.  It also limited the size of their Navy in both manpower and ships.

In 1935, Germany began rearming beyond the limitations set forth in the Treaty of Versailles.  After discussions between Italy, Britain, France, and Germany, nothing was done to force Germany into compliance with the Treaty of Versailles.  This was appeasement.

In 1936, Germany, under Hitler, in violation of the Treaty of Versailles, sent military forces into the Rhineland, which had been demilitarized by the Treaty.  Though protests were made by Britain and France, nothing was done to stop this violation of the Treaty.  Britain claimed to lack the forces to back up France, leaving Hitler unopposed, and establishing a powerful strategic position.  This was appeasement.

In 1937, Neville Chamberlain became Prime Minister of Britain.  The following year, Hitler sought the reunification of Germany and Austria, in violation of the Treaty of Versailles, and sent German Wehrmacht troops into Austria to force the reunification.  Chamberlain’s reaction was to state, “The hard fact is that nothing could have arrested what has actually happened [in Austria] unless this country and other countries had been prepared to use force.”  This was appeasement.

In 1938, Germans, who found themselves living in the Sudetenland, a part of Czechoslovakia, because of the boundaries drawn up in the Treaty of Versailles, under instruction from Hitler, sought autonomy.  Chamberlain warned Hitler that Britain might intervene if Hitler ordered an attack on Czechoslovakia.  Chamberlain went to Germany to meet with Hitler and Hitler demanded the Sudetenland be absorbed into Germany.  He convinced Chamberlain that refusal would result in war.  Chamberlain, with agreement from France, told the Czechoslovakian president that he must hand to Germany all of the territory with a German majority population.  This included over 800,000 people, substantial amounts of industry, and substantial portions of the Czechoslovakian mountain defense installations, thus providing an insecure Western Czechoslovakian border, ripe for subsequent invasion.  In late September, Hitler, Chamberlain, the French Prime Minister, and Mussolini of Italy, met in Munich, Germany.  They agreed that Hitler could complete his occupation of Sudetenland.  This was appeasement.

On September 1, 1939, German forces invaded Poland.  France and England were forced to enter war against Germany.  The policy of appeasement had only encouraged Hitler, and in May 1940, Chamberlain stepped down and Winston Churchill, who had consistently opposed appeasement, became Prime Minister.

During the years of appeasement, Hitler increased his military and armament, increased his strength, increased his access to natural resources and food supplies, increased his industrial capacity, and increased the size of Germany.  While other nations apologized for Hitler’s actions, he continued on a course that compounded the difficulty of dealing with the problem, when the appeasers finally recognized the error of their ways.

Had appeasement not been the practice of the day, and a firm position taken in 1934, the problem could have been dealt with and would probably have been but a minor incident in history.  As each step of the appeasement progressed, the magnitude of the problem became greater.  After a mere five years of appeasement, the solution to the problem resulted in deaths of many tens of millions of people and many trillions of dollars both in fighting the war that followed and rebuilding after the destruction of that war.

Appeasement Today

One of the elements of the greatness of America was an immigration policy that, until the Civil War, limited citizenship to those of European ancestry.  Even after the war, immigration was based upon quotas and other educational or experience criteria, and, for the most part, was open to any that chose to come to America, assimilate into the American way of life, and contribute to its greatness.

In the past three decades, immigration standards have been reduced to an open door policy.  The quotas that provided for limited immigration, resulting in assimilation, were dropped.  We began becoming a relocation destination for refugees who stood on our side in the wars that we continue to start, and to lose.  These newer policies have allowed entire communities to retain the heritage, culture, and lifestyle of their country of origin, and have effectively nullified the concept of assimilation.

Under the guise of multiculturalism, we have also opened our doors to just about anybody, regardless of their motivation, allowing floods of people who have no aspirations of assimilation, rather who come here for what they can get without effort, or, perhaps, with even more devious intentions.  However, to pacify world opinion created by our support for multiculturalism, and, to placate those who wish to come here, we have developed a policy of appeasement on immigration.

What might be the consequences of this policy of appeasement?  Perhaps we can take an American city and evaluate the consequence of this rampant immigration.  So, we will look at Dearborn, Michigan.  Of the estimated population of over 98,000 people, 40,000 are either Muslim or from Muslim countries (Wikipedia).  At this point, it is safe to say that they constitute 40% of the voting potential, regardless of the makeup of the remaining population.  Considering normal voting turnout, with a little motivation, the Muslims would have a majority in local elections.  The consequence would be that rather than assimilation into the American lifestyle, we would see a conversion of Dearborn into a Middle Eastern city and could eventually expect that local laws would be changed by that majority into laws foreign to the nature of America.  Putting it bluntly, they would, by utilizing the mechanism of democracy, convert Dearborn into a city ruled by Sharia Law.  As those laws change so, too, will the culture of a once American city.

That was one American city.  Let’s look at a county.  The population of Los Angeles County is 9.9 million people (LA Times blog).  The Hispanic population is 4.9 million people (Pew Research).  That constitutes over 49% of the population.  Based upon estimates (Los Angeles Almanac), the illegal immigrant population of Los Angeles County is over 700,000.  This would raise the number of Hispanics to 53%.  La Raza and other Hispanic organizations, asserting that California was stolen from the Mexicans, may soon be able to vote Los Angeles County out of the United States and into Aztlán.

Presumably, in the former, the population is a result of the lax immigration laws and open door policy.  In the latter, many are “old Mexican”, whose families have been here for generations, however, the remainder, except as noted, are comprised of those who became legal immigrants as a result of the 1986 amnesty, or, anchor babies and their associated families.

As these demographics continue to change, we can expect more cities and more counties to succumb to such consequences as we see in these two examples.  Appeasement, supported by court decisions, providing a spurious sense of blanket equality — even allowing non-citizens to vote in local elections (USA Today – Justices: Arizona voter registration rules go too far) — allows the growth of a problem that, as time goes on, will, as we saw in World War II, compound itself to the point that the solution becomes almost insurmountable, and will result in a hodgepodge of many pseudo-nations within the United States.

We have addressed to geopolitical aspects of appeasement and how they might affect the future of our once great nation.  Now, we can look into more subtle aspects of appeasement and the effect that they are having on our society.  You will note with both the above and those that follow, that one side (the appeaser) gives ground and weakens, while the other gains ground and strengthens.  Is this appeasement?

Appeasement on our children

ADHD Attention Deficit Hyperactivity Disorder (ADHD) is a relatively new disease.  It has resulted in the drugging of hundreds of thousands of juveniles with psychotropic drugs.  Those same drugs appear to be associated with nearly every school shooting by a student.  If we look at the statistics, we will find that community referrals are 3 to 1 more likely to occur in boys than girls.  In clinic referrals, we find that the ratio extends to 10 to 1 (NIH/National Center for Biotechnology Information).  And in the female occurrences, it is defined as “inattentive type”, being less severe.  These numbers suggest that either the male is far more susceptible to ADHD than the female, or, perhaps, it is a consequence of the male tendency to be more active, and less passive, than the female.  Since our educational system has, by various means, endeavored to feminize the educational process by prohibiting physical contact sports, suggestions of guns or violence, and forced the male to participate in activities that were, just a few generations ago, considered to be in the realm of female passiveness.  Is it possible that the observation and determination of ADHD is a consequence of the depression that is a result of leaving the football field and having to participate in activities that are more feminine?  When you remove the “slugs and snails and puppy dog tails” and forced the masculine gender into “sugar and spice and everything nice,” can you expect the consequences to be other than what is described as ADHD?  Is acceptance of the government’s explanation appeasement?

Appeasement on militarization of police

“To Protect and To Serve” has been the motto of most police departments, for at least the last half century.  Recently, however, we have seen a marked movement towards that “protection” being redefined as “officer safety” (WSJ / Rise of the Warrior Cop).  As a consequence, and as the equipment becomes militarized, where officers are far more protected than they were decades ago, we see an increase in the level of violence directed at citizens, quite often in the comfort of their own home.  In 2005, there were 364 “arrest related deaths” (DOJ / Arrest-Related Deaths in the United States,).  In that same year, only 162 officers died in the line of duty, of which only 60 were shot (National Law Enforcement Officers Memorial).  The government provides semi automatic and full automatic rifles to law enforcement, they provide military style helicopters to law enforcement, they provide military style armored vehicles to law enforcement, they have assigned drones to support law enforcement, and, they continue to provide additional military level equipment and training to law enforcement.  At the same time, many elements of government are attempting to restrict our right of self-defense, making us absolutely submissive to the law enforcement community.  Is this appeasement?

Appeasement on Christianity

This country was founded on Judeo-Christian moral values.  From courtroom to the executive office, the Bible has been the device upon which oaths were taken.  Christmas time and Eastertide have been celebrated throughout our history.  The United States Supreme Court building contains at least six depictions of Moses and the 10 Commandments.  Recently, however, we have seen rejection of Christmas displays and Easter celebrations in our schools and other government locations, under the guise that the First Amendment prohibits them, though they had been celebrated openly on government property from the founding of our country until just a few decades ago.  There can be no doubt as to the role of Christianity in our history and heritage; however, as they are pushed out, we find that we have laid a red carpet out for Islam.  Many minarets, with speakers, loudly announce prayer early in the morning.  Muslims are allowed to lay down their prayer rugs and pray in streets, sidewalks, airports, and other public areas.  We are told that we are not to offend their practice of their religion.  Is this appeasement?

Conclusion

Appeasement, like any other disease, if treated early, lessens the damage.  Like cancer, if caught soon enough, total remission is quite possible.  However, if untreated, it will continue to grow, leading ultimately to the demise of the host.

Its introduction, like the Trojan Horse, is subtle and accepted.  If not recognized before introduction, where it can be denied admission, then as early as possible, as soon as it is recognized, remedial action must be taken.  Absent such treatment, the objectives of the interloper, instead of the host, will be achieved.

Its introduction is usually preceded by the utilization of “Political Correctness”.  Under the guise of Freedom of Speech, the host tends to drop its guard, often under the fear of ostracization, or even judicial punishment.  Political correctness is foundational to creating an air of acceptability, where ones true thoughts are suppressed – under the guise of being for the “common good”.

Appeasement is nothing less than the creation of an advantage for the opposing side.  Unless and until recognized, it serves none other than the host.  Once recognized, remedial action is absolutely necessary, at the earliest possible moment, to avoid the consequences that will ultimately follow.  Acquiescence to appeasement has only one conclusion — the social engineering of a society, contrary to its very nature.

What did Timothy McVeigh really say?

What did Timothy McVeigh really say?

Gary Hunt
Outpost of Freedom
November 14, 1997

 

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

 

For weeks, now, I had been conjecturing, along with nearly everyone else in the country, what words would come forth on Timothy McVeigh’s day of sentencing. He had declared that he would make a statement — his first since he was accused of bombing the Murrah federal building in Oklahoma City on April 19, 1995 — and the word had spread, as had the anticipation. Many had expected a confession, remorse or denial of complicity. Very few, if any, expected so much acumen to come from McVeigh and just 47 words.

To fully understand the depth of McVeigh’s statement, it might be best to understand exactly what the Olmstead case was about. “Olmstead was the leading conspirator and the general manager of [a] business” (Olmstead v. United States, 277 US 438) which employed “not less than 50 persons,” including executives, salesmen, deliverymen, dispatchers and an attorney. The business was “unlawfully possessing, transporting and importing intoxicating liquors,..” The crime, then, was a violation of the statutes enacted under authority of the 18th Amendment to the Constitution (Prohibition) which was ratified in 1919.

The general argument of the court was that although postal mail, once sealed, was prohibited from intrusion by government officers seeking evidence, a telephone line was not, and, although Washington state law made it a misdemeanor to tap a phone, the evidence obtained thereby was admissible. The court, in its opinion, also made clear that the government need not be ethical in its acquiring of evidence.

Brandeis, in his dissenting opinion, stated that “Tapping of one man’s telephone line involves the tapping of the telephone line of every other person whom he may call, or who may call him.” He continued, [a]s a means of espionage, writs of assistance and general warrants are but puny instruments of tyranny and oppression when compared with wire tapping.”

Although the comparison of any evidence gathering in the McVeigh case is inconsequential to the whole, the seizure of the papers in McVeigh’s car, his home, the homes of his friends and relatives, and the intimidation of his sister and the Fortiers falls well within the domain of what was once prohibited under the Constitution — but which has become an everyday occurrence under the federal government’s agenda.

I’m not so sure that this was all that Timothy McVeigh had to say when he uttered those few words — much to the chagrin of many. The implications of wrongdoing by government, and usurpation of authority not granted by the Constitution through the process of judicial review is much broader in its ramifications than this case, by itself, demonstrates. Brandeis does discuss other aspects of the Constitution, which have changed by their nature due to the nature of change in the society, especially from a technological point of view. How, for example, could the Founders have protected the right to communicate (theirs was limited to post and courier) over telephone lines when electricity had not been discovered. How, too, could they address the right to communicate freely on the Internet when just a few years ago the concept of this medium of communication was beyond the comprehension of most people. Brandeis states, with regard to the Supreme Court’s review of actions of the Congress, that “this court has repeatedly sustained the exercise of power by Congress, under various clauses of [the Constitution], over objects of which the fathers could not have dreamed.”

“Protection against such invasion of ‘the sanctities of a man’s home and the privacies of life’ was provided for in the Fourth and Fifth Amendments by specific language.” He continues, “[b]ut ‘time works changes, brings into existence new conditions and purposes.’ Subtler and more far-reaching means of invading privacy have become available to the government. Discovery and invention have made it possible for the government, by means far more effective than stretching upon the rack, to obtain disclosure in court of what was whispered in the closet.”

In appraising the consequences of the government’s overzealous tendencies to secure convictions, Brandeis discussed the actions of the government officials, and the government, itself. “When these unlawful acts [wire tapping in violation of Washington state laws] were committed they were crimes only of the officers individually. The government was innocent, in legal contemplation; for no federal official is authorized to commit a crime on its behalf. When the government, having full knowledge, sought through the Department of Justice, to avail itself of the fruits of these acts in order to accomplish its own ends, it assumed moral responsibility for the officers’ crimes… and if this court should permit the government, by means of its officers’ crimes, to effect its purpose of punishing the defendants, there would seem to be present the elements of ratification [of the crime committed by government officials, individually]. If so, the government itself would become a lawbreaker.”

Brandeis’ entire concluding paragraph is probably warranted. What McVeigh left out speaks volumes. From the record:

“Decency, security, and liberty alike demand that government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a government of laws, existence of the government will be imperiled if it fails to observe the law scrupulously. Our government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the end justifies the means-to declare that the government may commit crimes in order to secure the conviction of a private criminal-would bring terrible retribution. Against that pernicious doctrine this court should resolutely set its face.”

The act of anarchy that McVeigh committed was an act induced by observation of the government’s violation of numerous aspects of the Constitution. In Texas, for example, §9.31 (C) of the Texas Penal Code states:

“The use of force to resist an arrest or search is justified:

“(1) if, before the actor offers any resistance, the peace officer (or person acting at his direction) uses or attempts to use greater force than necessary to make the arrest or search; and

“(2) when and to the degree the actor reasonably believes the force is immediately necessary to protect himself against the peace officer’s (or other person’s) use or attempted use of greater force than necessary.

There can be little doubt, regardless of your perception of what occurred in Waco, that the BATF and the FBI did create a situation in which the retaliatory action by the Davidians was fully justified, at least under Texas law. Other events in our recent history can lead us to conclude that the governments efforts at crime control have only generated a scenario where the government may commit crimes, with impunity, and convict others who have not committed a crime of the mere act of possibly contemplating a crime. A very far cry from what Brandeis spoke to some seventy years ago.

Some will suggest that I am attempting to justify McVeigh’s deeds. On the contrary, I have only attempted to explain them.

 

The previous post in this series about McVeigh,

An Essay on Hypocrisy, by Tim McVeigh