Timothy McVeigh v. Lon Horiuchi

Gary Hunt
Outpost of Freedom
July 30, 2015

From time to time, on Internet radio shows or various discussions, I am accused of supporting Timothy McVeigh. This accusation has been leveled more frequently, of late, including from an Assistant United States Attorney (AUSA), in opposition to a series of articles I have been writing.

This recent case, consistent with some of the previous accusations, are responses born of the inability of the other side to offer any viable refutation to arguments I have set forth. This is most commonly known as argumentum ad hominem. It is more accurately and understandably described as, ‘if you can’t counter the argument attack the messenger’.

First, understand what I have said –that has been converted to a simple and blanket “support for Timothy McVeigh”. I have always said that I am supportive of McVeigh’s motivation for bombing the Murrah Building. After all, for the two years since Waco, as I traveled the country, I heard many patriots say that we should bomb a government building. I still stand behind that, though I always qualify that support, explaining that if it were my job to do, I would have done it differently. I would have bombed the building at night. However, McVeigh had to make the call, as it was his mission. And, though little known, he did explain why he bombed it in the daytime. He offers his explanation in an article he wrote, “An Essay on Hypocrisy, by Tim McVeigh“, and goes into more detail in “Why I bombed the Murrah Federal Building“.

I have also written my assessment of McVeigh and the bombing in “The Passing of the Torch“.

This most recent accusation, from an AUSA, someone who is “supporting” the FBI in the case he is prosecuting, brings to mind a consideration of who he “supports”.

There was an FBI sniper present at Ruby Ridge, Idaho, in support of the government’s effort to put down a man, Randy Weaver, who had refused to turn informant for the government. This sniper, Lon Horiuchi, from just a few hundred feet away, managed to miss his claimed target and hit a mother, Vicki Weaver, holding her infant child in her arms, and killing her instantly. The Rules of Engagement, later determined to be unlawful, provided that snipers could shoot any male holding a firearm. Vicki was, without any doubt, not of the male sex — a fact easily determined through the sniper rifle scope.

RUBY RIDGE RULES OF ENGAGEMENT, August 22, 1992
1) If any adult male is observed with a weapon prior to the announcement [of surrender], deadly force can and should be employed, if the shot can be taken without endangering any children.

Now, after the first murder by Horiuchi, the FBI continued to keep him on staff, an obvious act of support, and brought him to a scene where his skills could, again, be put to effective but illegal use. It was just a few months later that Sniper Horiuchi went to Waco, Texas, and participated in the killing of over 80 men, woman, and children, including one “coffin birth” and one unborn child.

Some were shot to death by sniper fire and others burned to death by fire started by the FBI or other government agents. (Note: Ron Cole and I found three sandbagged sniper positions, in May 1993.) However, he is assured a pension from his employment for the government, both military and FBI.

I am sure that the AUSA would support Lon Horiuchi, either tacitly, or openly, if asked to do so.

So, if I am to take sides in what is surely inevitable in this country, then I will be required to support either Lon Horiuchi, or, Timothy McVeigh. In weighing the intent behind the actions of both Horiuchi and McVeigh, I find that McVeigh did not specifically target children, while Horiuchi acted with depraved indifference to the presence of children, in both instances.

It is possible that the AUSA would never openly support Lon Horiuchi, though he will surely never damn him. The fact that Horiuchi is now comfortably retired lends credence to the supposition that both government agencies and personnel continue to overtly support Horiuchi.

I would like to extend my thanks to the AUSA for bring this subject to my attention. Absent his criticism, I might never have broached the subject.

Camp Lone Star – The World Turned Upside Down

Gary Hunt
Outpost of Freedom
July 28, 2015

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

18 U.S.C. § 1621: Perjury generally

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

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

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

So, the three important questions are:

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

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

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

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

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

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

Montana Malfeasance
Jesse Newsom and Writs of Assistance

Gary Hunt
Outpost of Freedom
July 22, 2015

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

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

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

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

The first listed item is:

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Independence Day – July 4

In the Year of Our Lord, Two Thousand and Fifteen
and of Our Independence, Two hundred and Thirty-Nine

Gary Hunt
Outpost of Freedom
July 4, 2015

Two hundred and thirty-nine year ago, a handful of men, expressing the sentiments that had already been expressed in over ninety similar declarations, committed to paper a consolidation of those documents that had preceded it, and the will of the people of the 13 British colonies of North America.

After over five years of combat, rag-tag farmers, fighting against the greatest military force in the world at that time, prevailed in a war they believed, with honor, to be “the right thing to do.”

Just about one hundred and fifty-four years ago, again, a test between those who believed that they were right was pitched against others who believed that they were right. The contest, this time, was between those who wanted to preserve a Union and those who believed that States had rights that could not be subordinated to a simple majority in opposition.

This war lasted less than five years, and the side that lost, though they had fought, with honor, because it was “the right thing to do.” And, the side that won also, fought with honor, because it was “the right thing to do.” However, the losing side forgiven by the winning, first at the surrender next by a general amnesty by President Lincoln, and finally, by amnesty granted by President Johnson, because that, too, was “the right thing to do.”

They were also recognized as an honorable foe by those who fought on the winning side, and most of the general population of the northern states, because it was “the right thing to do.” Among all, there was no animosity, except by a handful of those in Congress who chose to punish those who had done what they believed to be “the right thing to do.”

Eventually, Congress relinquished and allowed the punishment known as “Reconstruction” to expire, and we were, finally, whole, again. History recognized that both sides had done what they believed to be “the right thing to do.” And, the country continued to progress, in relative harmony, for another century. During that century, twice the United States was called upon to aid European nations, and to defend herself, because they believe it to be “the right thing to do.”

Since that time, we have started many wars, and we have lost all of them. Perhaps it is because we have left to the government the determination as to what “the right thing to do” is. It is not the will of the people, for they are simply encouraged to wave the flag.

It is the people that have allowed the representatives to become leaders, rather than our “representatives” to follow our will. And, we have allowed then to make the decisions that have lead our country to the despair, the distress that we now find ourselves living with.

For the first time since the end of World War II we find ourselves faced with the question as to just what we need to determine as “the right thing to do”, just as the Americans were called upon to do, in the past.

If we are seeking an answer, perhaps a single sentence from the Declaration of Independence, that first instance of having to determine what “the right thing to do” was, will provide the guidance that had since been lost:

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.

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

Gary Hunt
Outpost of Freedom
June 29, 2015

I suppose that it would be best to start out with a confession. Back in 1966, I smoked my first marijuana. I was on R&R in Nha Trang, Vietnam and staying in a hotel on the American side of the city. As I understand it, part of the city was for R&R for us, and the other part (a no go zone) was used by the Vietcong for R&R.

I had checked into the hotel and was going up to my room when I met three guys that were part of a LRRP (Long Range Recon Patrol). We got talking and they invited me into their room to share a Park Lane ‘cigarette’. They did explain that it was not a tobacco cigarette, rather, some of Vietnam’s finest. I have to say, it was very fine, and began leading me down the path…

Upon my return to the states, I found that all of my high school buddies, well, most of them, chose to smoke a joint from time to time. I found myself no different from those “most”, and continued using ‘pot’ to relax, after a hard day’s work, for many years.

In March 1993, I went to Waco, Texas and began my career of writing about the “Misdeeds of Government” –when the guns are pointed in the wrong direction. When I returned to Florida, I realized that if I was to continue what I was doing, it would be wise to provide the government no “handles” with which to grab me, charge me, and then throw me in prison. Back then, two years for possession was about the minimum –but, the world has changed.

So, why do I even mention this? Well, it is foundational to the question I am going to ask:

Does my smoking pot, from time to time, have any effect on the relevance of my writing, what I write about, or any other aspect of what sense you had of me before I made this confession?

My guess is that you will say “no”, though in the back of your mind, you will, as you do when you see a cop behind you, have a slightly tinged opinion of Gary Hunt. But, that’s okay, so long as you keep reading and learning from what I write.

Now, let’s look at our history. Granted, I am older. When I went to school, we looked up to George Washington, Thomas Jefferson, et al, and venerated them. They were the source from which this then great nation emerged.

A few decades ago, I cannot say where it sprang from; it became popular to denigrate those heroes of the Revolution and the creation of OUR country. Both were slaveholders (a practice acceptable throughout most of the world, at the time), so that was a chink in their armor. Schools picked up the banner and lessened the sanctity of our history. Then, to compound matters, the claim that Jefferson fathered children through Sally Henning was foisted upon us. No tangible proof, since the DNA models lead to Jefferson, though equally, to his father, who was known to, well, take advantage of his slaves. But, heck, let’s hang it on Thomas, since we need to establish a foundation for denigrating those we once revered.

However, when we do so, by association, we also denigrate our own heritage and culture. We assign “guilt by association”, of both other individuals who did not object, at the time, and to the by-product of their efforts, the Constitution and the United States of America.

Today, we have a concept that covers this sort of subtle manipulation of our thought process. It is called “political correctness”.

However, most will say that they will not fall into that trap. They believe that they are immune to its effects. At the same time, they call a homosexual a “gay person” rather than a “queer” or “faggot” (See Freedom of Speech). But, they simply do not realize that they have been manipulated into restricting their own thought process by submission to subliminal suggestions.

Let’s look at three fairly recent events in which we can see how this comes into play. First is David Stone’s Hutaree Militia. Mainstream Media (MSM) told us that the Hutaree were going to set up and kill cops. There was a rush to distance ourselves from any association with, or support for, the Hutaree, since they were going to do something bad. However, nearly a year later, the judge in the case dismissed it as there was nothing sufficient to even suggest that what we had been told was true (See Thought Crimes). The Hutaree Militia will forever be stigmatized by the unfounded accusation made upon them.

Next, we can look at a more recent and well-known event, when hundreds of militia members went to Nevada to protect a rancher and his cattle. The initial call was put out by Operation Mutual Aid (OMA), and was headed up by Ryan Payne. The wide variety of individuals who showed up created a bit of a nightmare, as far as keeping things organized enough to be able to respond, after nearly a week, and force the Bureau of Land Management (BLM) to leave, with their tails between their legs. Most of the cattle were recovered, and now, a year later, the Bundys continue to graze their cattle where they had for decades. However, immediately after the event on April 12, the “Unrustling” of the cattle, attacks were made on Ryan Payne, accusing him of claiming to be, in military service, what he was not — stolen valor. The claims have yet to be substantiated (See Stealing Valor), though the vestiges of those claims still linger. Payne has stepped aside from the patriot community because of the unfounded accusations.

Before we look at a current situation that warrants our attention, let’s go back about twenty years. Someone who had gone to Waco and seen, first hand, what was going on — unlike most, not seeing only what MSM wanted us to see, struck back at government by doing what our own government does in other countries, blowing up a government building. MSM played up the death of some children, ignoring that the Government Accounting Office had recommended the removal of the day care center nearly a year before the bombing.

Most of the patriot community still speaks poorly of Timothy McVeigh. They tend to ignore the fact that just two years early, the government burned to death over twenty children who were not placed in the care of others, but stayed at home and in their church, when they were killed. The general outrage over what the government did pales in comparison with the way that most people look at McVeigh — who simply did what others had talked about, and, in the current light, are talking about, again — attacking government buildings.

I have always taken the position that I applaud McVeigh for having the courage to attack a government building, as he did (Why I bombed the Murrah Federal Building). I cannot take that away from him. However, I do know that if it were my mission, I would not have done it the same way.

So, why is it that we hold our own, or fellow patriots, to a higher standard than we do the government? Why is it that if a patriot, who has done good is found to have a blemish, either real or concocted, all of the good that he may have done is obscured by the often minor, but always initiated by the government and/or MSM, human acts that can be criticized?

Before I get to the point of this article, let me demonstrate the effect of the stigmatization, by association, when one is not “politically correct” in the patriot community.

For a while, now, every one of my articles was reposted on two blogs, both being of the patriotic nature. The both mail out lists of articles, and show my articles on their web pages — or, they did. After the first article in which I mentioned the KC Massey had smoked a joint, they stopped posting any of my articles, even one that was not related to Massey, at all. It appears that my reporting the truth was enough to get me “banned” by those who had, previously, though my articles worthy of their time and consideration.

In another example, there was a Facebook page, with about 500 followers, that was very supportive of Massey — until the smoking of the joint was published. They have decided, as a group, that they can no longer associate themselves with Massey, and have withdrawn their support.

Ironically, a news page that is about the closest I will ever get to MSM, and would probably associate more with the Tea Party crowd, has continued to post my articles. Apparently, they have overcome “political correctness”.

Now, I can only surmise why those mentioned have chosen to discontinue posting my articles. I can attribute an explanation of what may be the cause, based upon some conversations with friends who have objected to Massey’s “indiscretion”. They dwell on Massey, not the punitive system that was described in my last article, Act III – A Kangaroo Court – Scene 2 – Presumption of Guilt. The focus, as MSM has directed us, is to demean those who have done well rather than looking at the government, or the fact that we are all human. We have succumbed to that political correctness and attack those who have shown the potential, having the ultimate effect of discouraging them from participating, where they once stood out.

Ryan Payne is probably the best example of this. Though the “blemish” was based upon unsubstantiated allegations, it made him shy away from participation. We have lost a potential leader in what is to come. Massey, too, seems to have lost his enthusiasm, since he has found that the support for his efforts has diminished the only reward he received from his efforts, the approbation for what he had accomplished. He is now looked down upon by many who have allowed the blemish to override his accomplishments.

So, we blame someone for smoking a joint, because it is against the law, though we do not damn those who might be on psychotropic drugs, because they are legal — at least, not until he shoots up a schoolhouse. And, in so doing, we end up shooting ourselves in the foot.

What we have accomplished is to discourage those who might be leaders in the coming battles from even taking a role that, though it might make them champions, might also lead to them being treated as a pariah. It has become an incentive to avoid acting, rather than acting, as the risk of condemnation increases, proportionate to the effort exerted.

Quite simply, for us to abandon those who have put out the effort, simply because of a trivial blemish, plays right into the hands of the opposition. If we denigrate those who can lead us, we eliminate that leadership before it even begins, and we are left with nothing — for we have destroyed ourselves, in our own eyes, saving the enemy the task of undermining any effort of significance in achieving our objective.

Camp Lone Star – Act III – A Kangaroo Court
Scene 2 – Presumption of Guilt

Massey’s own little Dungeon

Gary Hunt
Outpost of Freedom
June 25, 2015

We will begin with three definitions. The first is an amendment to the Constitution, that being limitations imposed upon the federal government and for the securing of our rights, as understood by the Framers of the Constitution, and, which are our birthright.

The second, the legal definition of one of the terms of that amendment, included to clarify that term.

The third, the description of what is known as a Kangaroo Court. As you read the following, you will see that all three of the definitions provided for such a Court are applicable in the case against K.C. Massey.

8th Amendment
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Bail [Black’s Law Dictionary – 5th Edition]
The Surety or sureties who procure the release of a person under arrest, by becoming responsible for his appearance at the time and place designated.

Kangaroo Court
1: a mock court in which the principles of law and justice are disregarded or perverted
2: a court characterized by irresponsible, unauthorized, or irregular status or procedures
3: judgment or punishment given outside of legal procedure
(Merriam Webster)

In a previous article, Cruel and Unusual Punishments – Before Conviction, the conditions of release according to the Appearance Bond, were discussed. There were a number of conditions set, though the first three predicate the whole of the “Bond” that he was subject to. Those three were:

To appear for court proceedings

If convicted, to surrender to serve a sentence that the court may impose

To comply with all conditions set forth in the Order Setting Conditions of Release.

Now, based upon the definition of “bail” and the prohibition against “excessive bail”, when we look at the conditions, is it possible that the third condition, “to comply…”, might be deemed “excessive”, in that it goes beyond a requirement to appear, as per the definition, and the intent of the Bill of Rights?

Now, heed what we are discussing, for every patriot knows that he stands for the Constitution, and in so doing may be placing himself in a situation where he might find that he is charged and arrested for some made up crime.

However, since the government holds the guns, if Massey wanted to stay out of jail, pending trial, which he was more than willing to stand for, he would have to agree to the conditions.

The day that Massey was arrested, they did a UA (Urine Analysis) and find THC (from marijuana) in his test. So, they filled out the conditions as they would for someone charged with selling drugs, requiring random UA testing. Well, THC stays in your system for weeks, or longer. So, a scheduled test would have been sufficient to determine if he had not broken the law by using marijuana, since there is no federal law against use of marijuana. The random aspect of testing was detrimental to another condition, that he be gainfully employed, since he could be called from work to report for the UA, at any time, disrupting his reliability at work.

Massey agreed to the terms on November 3, 2014. He first refused the UA test in May 2015. He had gone over six months with absolute compliance with the conditions, even though he knew that they were unconstitutional. However, since half a year does not cut it for a speedy trial, and the confinement to home, not even allowed to maintain his property away from the immediate vicinity of the house, without prior permission from the Probation Officer (he is not on probation, he only, constitutionally, has to appear in court), and finding that when he was supposed to drive the ninety miles to Dallas for the UA, broke down, and refused the UA. Since he had taken that step, he continued to refuse subsequent calls for a UA.

That is until his next court appearance. Knowing that he would probably not pass the UA that he knew they would require when he arrived for the June 2 hearing, but he went to court, as required by the Constitution and the Conditions.

Now, the punishment that he received, prior to that June 10 hearing was bad enough. He was not a free, innocent man, until proven guilty. He was subject to conditions that were slightly less than if he had been in jail. He had such a limited amount of freedom that it could, nowise, be considered such.

Since he failed the UA on the 10th, he was sent to jail in the custody of the Brownsville Sheriff, though the contract with the federal government put him under the authority of the U. S. Marshall Service. The Marshall Service decided the Massey should be in Maximum Security. They have also imposed other conditions and restrictions that, along with general jail procedures, have imposed the following on Massey:

• His cell (sketch, above) is about 7′ by 10 feet, and includes bed, toilet, shower and table.
• He has only had only two 1-hour recreation periods since he has been in jail (three weeks).
• When he leaves the cell, for any reason, he first puts his hands through the food port and they are handcuffed. Then he is allowed out and told to face the wall while shackles are placed on his ankles and a chain around his waist. Then, he is handcuffed to the waist chain — yes, two bracelets on each hand.
• When he is out of his cell, he is always escorted by three guards, and the hallways are cleared before he can enter a hallway. One of the guards is constantly videotaping the procession.
• There is one window, in the cell door. That is where food is fed to the “animals”. It has a magnetic cover and is only open, with few exceptions, when they want to talk with him, pass food, or deliver the telephone to him so that he can make phone calls.
• Some guards will leave the door window cover off, at night, when the lights are dimmed, so they can do bed checks, about hourly. Other guards prefer to open the window, bang on the door, and make a lot of noise, then shine a flashlight in to see if he is there, and probably to make sure he is awake, every hour, during their shift.
• His cell walls are painted white, and the only constant sound is the whistling of the air-conditioning blowing into the call, keeping the temperature in the sixties. He only has one blanket.

As far as personal attention to his needs, he has gotten the many food gifts that were sent to him. He has had health problems. At one doctor call, he was found to have blood and high protein levels in his urine. For this, the doctor prescribed antibiotics. He tried them for three days and his stomach reacted, giving him pain, so he stopped taking the antibiotics. They have reported him for refusing to take his medicine, though they have not reported why he has refused it.

• He has a preexisting water on the knee problem that he has always treated with exercise, which provides relief.
• He has a pre-existing case of shingles, for which they have given him Triamcinolone, and he has had some relief.
• They had given him one Ibuprofen per day, taken in the presence of the guards, though he has had to quit taking them as it exacerbated the kidney problem.
• He has pain in his kidney, and, hopefully, will receive some treatment for that when he sees the doctor, again. He had been dealing with the kidney problem with exercise, to the point of perspiration to remove toxins, and cranberry juice. However, it is difficult to perspire in such a confined space with temperatures in to sixties.

If Massey is convicted, he will no longer be under the authority of the U. S. Marshall Service, but will be under Bureau of Prisons. At that point, being convicted, his living conditions will be far better than what he is currently enduring, and he will have regular exercise and will be able to seek necessary medical attention, without the constraints that are currently imposed upon him.

It appears that, perhaps, the government has taken the 8th Amendment literally, as it implies that once you are convicted, you can not be subjected to “cruel and unusual punishment”. It fails to prohibit cruel and unusual punishment prior to conviction, and, clearly, that is what Massey has been subjected to since his first arrest.

As far as “excessive bail”, the Conditions of Release were for an unsecured bond of $30,000. Whether that might be considered excessive, or not, is subjective, but let’s assume that it is not for the sake of discussion. If we assume that to be the point that anything over it would be excessive, then the conditions would, without a doubt, qualify as EXCESSIVE, and they go well beyond the simple historical concept of assuring that one be present in court, when required to.

As far as the Kangaroo Court, there is no doubt that “the principles of law and justice are disregarded or perverted“, and that this is “characterized by irresponsible, unauthorized, or irregular status or procedures“, and, finally, that “punishment [is] given outside of legal procedure“.

Quite simply put, some of the conditions that have been imposed upon Massey are outside of the constitutional framework created by the Founders, and some equate more toward medieval dungeon techniques resorted to by kings, tyrants, dictators, and other despots.

If we consider that if he is convicted of a crime, his conditions will improve, considerably, then we must also conclude that the justice system is based more upon punishment for Presumption of Guilt than upon any sense of justice.

Greenmail
Income Tax, Flat Tax, or, No Tax?

Gary Hunt
Outpost of Freedom
June 22, 2015

For those who believe that the federal government should tax us, either by income tax or a fair tax, or any other direct means of taxation, must understand that doing so only creates socialism among the states (taking from one to give to another), as the following table shows (A more complete table can also be found at Tax Foundation Special Report No. 158, “Federal Tax Burdens and Spending by State).

The table is from 2005 (I haven’t found a newer one, yet), so I would suppose that the only changes, absent minor redistributions of moneys, would be that the numbers have gone up, proportionately, in the last 6 years.

Note that $2,084,247,000,000 was taken in through taxes and that $2,210,184,000,000 was sent back to the states. This results in nearly $126 billion that was added back to the states’ side (to the benefit of the state). This additional money is likely a debt passed on to our posterity. And, this does not account for the many trillions spent by the federal government, each year, to support wars, foreign aid, and the expense of operating the government and its administrative agencies.

So, if the money never went to the federal government (income taxes), then the states would have had less revenue, even if they retained that which would have gone to the federal government for redistribution back to the states.

Now, there is also a loss in the administration of the distribution of the money. First, it is collected (IRS); then it has to go to the various agencies (accounting) for distribution back to the states (with all of the strings attached); then the state has to distribute the funds according to those strings, which, surely, requires a significant staff to assure that no money goes where the federal government does not want it to go, and vice-versa.

How much less would it cost if the states collected that money (and, being closer to home, might be more cautious in their raising taxes and spending recklessly, or to comply with federally mandated programs), and determined where it was to go, without federal intervention?

Now, if this does not convince you that a federal direct tax is unnecessary, and that it is used to manipulate social change and to bring the states into subjugation, then I would appreciate your explanation as to why it does not.

You should also note that Washington, D.C. gets back nearly six times, per capita, what it contributes, which amounts to over $65,000 per resident of that “model” city.

You can understand that rather than calling this blackmail, it is more appropriately defined as “Greenmail”.

* During fiscal years in which the federal government runs deficits some spending is financed through borrowing. This creates implicit tax liabilities for states that must be repaid eventually. To incorporate these implicit tax liabilities into the analysis, the following adjustment was made to state tax burdens: First, the total federal tax burden is increased by the size of the federal deficit. Next, this total burden is allocated among states based on each state’s proportion of the actual federal tax burden. Finally, adjusted spending-per-dollar-of-tax ratios are calculated by dividing actual expenditures by the adjusted tax figure, effectively making figures deficit neutral.

Source: Tax Foundation Special Report No. 158, “Federal Tax Burdens and Spending by State,” and U.S. Census Bureau’s Consolidated Federal Funds Report for 2005.

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

Gary Hunt
Outpost of Freedom
June 15, 2015

Almost every patriot I have met, when asked, “What are you willing to fight for?”, will answer, my family – my children and grandchildren. The Founders chose the word “Posterity” to explain their objective in both fighting and establishing a new government comprised of member States. What they did, they did for us, their posterity.

So, what happened when that government established upon those principles, as well as others, becomes the enemy of that very protection that they were, and we are, willing to fight for?

In 1997, Jennifer McVeigh was threatened with a charge of treason and the possibility of the death penalty (McVeigh’s Sister Tells Why She Aided U.S. Case Against Him) if she refused to testify against her brother. As tough at is it was, she opted to testify against her sibling.

Robert Beecher recently faced a similar situation. His daughter, Jessica, had owned two .22 caliber rifles that were found on the property that Beecher lived on, and one of which was included in the Indictment. She had also bought her father a .30-30 rifle for his birthday. This, too, was included in the Indictment and a picture of Robert holding the 30-30, pasted in Facebook, was instrumental in the government filing a Criminal Complaint, and securing search and arrest warrants for the property and Beecher.

During the initial interrogation of Beecher, FBI Special Agent Slater, having already ascertained that Jessica had purchased the firearms, suggested, “Maybe we should arrest her, instead”. Though the applicability of federal law is, and ought to be, questioned, 18 U. S. Code §922 (d)(1) does make it criminal to transfer a weapon to a know felon, regardless of state law (See “Felon in Possession of a Firearm” is Not Legal or Lawful).

With the possibility of Jessica serving ten years in prison for giving a birthday present, Robert had the unfortunate necessity of making one of the most difficult decisions of his life. It was whether he, or Jessica, or both, would spend ten years in prison.

The only decision that could be more severe than what Robert faced would be whether he would give his life for her. Now the latter decision, I think we all would agree, has only one proper answer. So, we must consider that the former also has only one answer.

Some questions arise as to whether the threat to go after Jessica would be carried out. Would it have gotten Robert off on his charges? Would the government even stoop so low as to make such a threat — to coerce someone into pleading guilty to what should not even be a crime, unless there was criminal intent in the activity?

We have been taught that we are a nation of laws, not a nation of men. So, just what laws are we a nation of?

In 1982, the Justice Department tried to determine how many federal criminal laws there were. Their answer was that there were over 3,000 criminal laws (however, many of those laws have multiple conditions that may be met, increasing the actual crimes to considerably more) contained within the 23,000 (currently 27,000) pages of U. S. Code.

When there are that many laws, we are not a nation of law; rather, we are a nation subject to the will of the men that administer those laws.

This brings to mind a quote from James Madison in Federalist #63:

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

In Robert’s first letter to me, he said, “No bended knee for me”. Against what Robert was faced with, he stood firm to the principles that guide true patriots. He refused to bend a knee, though the force was overwhelming, and he had no choice but to succumb to that force. He was willing to sacrifice a portion of his life — for his Posterity.

His plea agreement, which he entered into to protect his family, especially his daughter, Jessica, committed him to 10 years in prison and 5 years supervised release. The government has promised (if any weight can be attributed to a government promise) to file for a sentence reduction within 360 days. Only time will tell if, and what, that will be.

In the meantime, we must all understand that those who speak out will find that the government will pull out all of the stops to put us in prison, if they can find just one violation of those 3,000 laws. This will continue to be true UNTIL such time as we find the need to replace the government that has deviated so far from what the Founders intended.

Camp Lone Star – Act III – A Kangaroo Court
Scene 1 – How Case Law Subverts the Constitution

Gary Hunt
Outpost of Freedom
June 8, 2015

Kangaroo Court
1: a mock court in which the principles of law and justice are disregarded or perverted
2: a court characterized by irresponsible, unauthorized, or irregular status or procedures
3: judgment or punishment given outside of legal procedure
(Merriam Webster)

In a recent article, “Government Enforces Their Laws – Who Shall Enforce the Constitution?“, I raise a question that is now worthy of our consideration. If we want our birthright of Constitutional Government, as envisioned by the Founders, we cannot rely upon government for interpretation those laws passed which are applied contrary to the Constitution.

To quote Teddy Roosevelt, with regard to the “case law method”, “some of the teaching of the law books and of the classroom seemed to me to be against justice… we are concerned with [the] question of what law is, not what it ought to be.”

In my Constitution, government was granted powers and authorities, and had limitations imposed upon it. Here, we will deal with some authorities granted and some limitations imposed. And, we, as Americans concerned about our country and our posterity find that we are in a situation similar to that which the Founders recognized, 240 years ago. And, we, like they, must weigh, very carefully, the extent of encroachments into our rights and our lives, as they did, then.

On April 17, 2015, the final pre-trial motions were submitted to the Court. The Court has taken 7 weeks to prepare a Memorandum Opinion and Order, to address the argument presented to the Court by Massey’s attorney.

Rather than outright denying the motions, the extended interval tended to support the probability of a well-crafted reply, granting the motions and dismissing charges against Massey. I don’t doubt that, somewhere, that well crafted order still exists, though it has been replaced by a rather poorly crafted order, which will be the subject of this article, and was substituted solely because Massey created a situation in which the Judge, for reasons that many will not understand, chose not to pursue justice in that it would reflect on him as supporting someone who could not keep his promise — his agreement with the Court.

Honor, one’s word being good, is an important part of life. Massey, regardless of why, gave his word that he would not partake of any illegal substances — as a condition of his “home detention” (See Cruel and Unusual Punishments – Before Conviction) — rather than remaining in jail awaiting trial.

The dilemma this created for Judge Hanen is that he would be challenging the status quo by granting the motion, undermining the very strength of the federal “Felon in Possession” law, and putting it back in proper perspective with those limitations imposed by the Constitution. This would leave those in government who support the improper interpretation in a position to accuse Hanen of siding with a man lacking honor and unable to abide by an agreement that he willingly made as a condition of his pre-trial release.

We must put ourselves in a position to understand that this apparently minor infraction would probably have similar consequences, or at least should have them, within our own community. Suppose you supported someone whom you had faith in to a position of chairman, or some other leadership role, within your organization. Suppose, then, he gave his word to abide by a promise that he had made, and then broke that promise. Would you continue to support him in the office that he held? This is what the politicians do, and this is an intolerable situation — it cannot be supported, if we stand behind our belief that honor and trust are necessary elements of leadership.

This is similar to the situation in which Judge Hanen finds himself. If he was willing to challenge the system and return to a proper interpretation of the law, it could be career ending decision, and could subject him to ridicule by others in government, including some of his peers on the federal benches. For him to take upon himself that responsibility, he would have to know that the person he was supporting by his actions was one as honorable as the Judge would be, in standing for justice. This is typical “office politics” and is true in business and the patriot community, as well. Violate the trust and you lose support.

So, let’s look at the “Memorandum Opinion and Order” that denied the Motions to Dismiss the Indictment (there were two of them: Motion to Dismiss Indictment, and First Supplement to Opposed Motion to Dismiss Indictment).

The Order begins with a misrepresentation that sets an erroneous foundation for what follows in the three “arguments” that the court offers, when it says:

As detailed below, Massey’s Motion to Dismiss focuses on the alleged unconstitutionality of Section 922(g), which makes it a crime for a person who has previously been convicted of a crime punishable by imprisonment for a term exceeding one year “to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.” 18 U.S.C. § 922(g)(1). For the following reasons, the Court denies Defendant’s Motion to Dismiss the Indictment.

First, he implies that the entire question rests on “the alleged unconstitutionality of Section 922(g)“. Though challenges to constitutionality were made, there was an even stronger argument made with regard to the grammatical context of the statute, which, if correct, would allow other aspects of the law to fit, neatly, into earlier Congressional interpretations of the extent of the “commerce clause”. This will be addressed in the third point.

1. Second Amendment Argument:

Massey’s argument relies heavily on District of Columbia v. Heller, 554 U.S. 570 (2008), which upheld the right of people to have firearms for their personal protection. He argues that, among others, you do not lose your right to freedom of speech for being a convicted felon, so you cannot lose, forever, your right to keep and bear arms. Perhaps, unfortunately, the argument did not bring up the fact that 10 U.S.C. § 311 does exclude some from being members of the militia, though “felons” are not among those exclusions, which is a direct contradiction of the felon in possession statute, as applied.

The Court then argues that Heller did not address the felon aspect, He does point out that the court has set up the “scrutiny” to be applied in weighing whether a statute unfairly limits the “not infringe” (my words) provision of the Second Amendment, but rather than compare it to real world, he simply builds upon case law, redefining the Constitution, one case at a time.

In the dismissing nature of the current judicial system, he says:

The Second Amendment, at its core, protects “law-abiding” citizens. See Heller, 554 U.S. at 635. It is clear that convicted felons are not such citizens and thus fall outside of the Second Amendment’s protection. Accordingly, the Court need not consider the second inquiry because Section 922(g)(1) does not burden conduct falling within the scope of the Second Amendment.

So, unlike Texas, that being the location of the private property in which the alleged crime (possession) was committed, he determines that the rehabilitation program, under the various penal systems, cannot achieve its stated goal of rehabilitation, during the course of one’s life. In direct contravention of that “philosophy”, we have the opportunity to look at Massey’s life, since that rehabilitation, in “Who is K. C. Massey?“. What he does not address is the question of jurisdiction. If the “crime” was committed on private property (affirmed, in the next argument), is it constitutional to supersede Texas law absent an act that was committed on public lands? This doesn’t address an even more serious breach of jurisdictional limitations, which is quiet apparent in Massey’s case, as Massey was absolutely sure that they were on private land, with permission of the owner, to protect the owner’s property.

2. Equal Protection Clause Argument:

This argument, in the Order, addresses only that challenge brought up in the first of Massey’s Motions. It is, perhaps, inserted here to avoid addressing the ramifications of the subsequent challenge to “equal protection” brought up in the second Motion — a legal sleight of hand.

Hanen, in citing a previous decision, says, “a law is subject to strict scrutiny review in the face of an equal protection challenge only if (1) there is a fundamental right affected or (2) the law targets a suspect class. He continues, “does not impermissibly impinge upon a right protected by the Second Amendment because it regulates conduct that falls outside the scope of the Amendment’s guarantee.”

So, let’s look, first, at (1), where the law in question, “felon in possession, affects the Second Amendment. As mentioned above, 10 U.S.C. § 311 is the codification of the Second Amendment. That statute has a solidly placed foundation in the Constitution, as it clearly defines what at least the one provision of the Second is the militia. It makes exception for some, as far as being, without question, in the militia, though “felons”, or any descriptor that would imply such, is not exclude from the mandatory inclusion in the militia.

Now, let’s look at (2), whether it targets a “suspect class”. Here, we enter more into the First Supplement (the second motion to dismiss the indictment), though Hanen refused to address that part of that motion. If it refused people in one state, merely because they lived in that state, and approved those in another state, simply because they lived in that state, would they not be creating a “suspect class” of those who lived in one of the “refused” states? Quite simply, living in one state makes you a “suspect”, while living in another allows you all of the privileges of firearms possession and ownership. So, if we consider the asserted Second Amendment right, including the codification, and compare that to the “commerce clause”, what do we come up with?

Back in 1934, the Congress enacted the first firearms control act. The concern was expressed in the record (Congressional Record, reference: keep and bear arms, pg 42 “}, which says:

Mr. FREDERICK. That takes me into the purposes of this bill. This bill, as I see it, is intended to be a bill for the suppression of crime and is proposed to the United States Congress which ordinarily has no power in such matters, under the guise of a revenue raising bill.

So, we have, “which ordinarily has no power in such matters, under the guise of a revenue bill”. Now, they were using the commerce clause, as that original acts required that interstate commerce be involved. However, since they had no power to “suppress crime”, they used their power to tax (“revenue raising bill”), to both fund and track firearms. That was the only way that they could mount a challenge to the Second Amendment — by taxing, not by criminal charges, unless the tax was ignored. That was what the Constitution, even loosely construed in the act, allowed. There are no amendments that would extend that authority beyond what existed in 1934 — except the machinations of “case law”, which disregards the Constitution if one can manipulate the words of a previous decision to extend government authority where it had no constitutional authority to go. This is precisely why I suggest that we, the People, need to interpret Our Constitution, as the government is intent upon subverting it.

3. Commerce Clause Challenge:

Now, let’s look at the statute, in detail:

18 USC 922

(g) It shall be unlawful for any person –

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

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

There are two key elements that we need to consider. First, “possess in or affecting commerce“. “In” is easily understood. That would clearly be in the act of shipping or transporting. “Affecting”, while that would mean that the possession affected, had an effect on, the transporting.

Here, the Judge cites United States v. Rawls, 85 F.3d 240, 242 (5th Cir. 1996), which says that the “in or affecting commerce’ element can be satisfied if the firearm possessed by a convicted felon had previously traveled in interstate commerce.” Damn, I need to return to school and take English Grammar all over, again. I cannot draw the same conclusion that the Court did in Rawls, though apparently, Judge Hanen apparently, can make that broad leap — away from the Constitution and into the lap of a government that wants to have absolute control over every aspect of our lives (Hint: That was once known as slavery). So, in a sense, the wording from Rawls rewrites the wording of the statute (922 (g)(1)) into something that is not written as law, rather, is interpreted into something that is not written in law, thereby making it law because the judges of the Fifth Circuit wanted it to be; not what it was intended to be when passed into law (or regulation). It is bad enough when the Congress can go from taxing to criminalization, however, when they allow the Courts to go even further and make something that does not exist, and then they can be described as nothing less than a Kangaroo Court.

But, wait, we’re not done, yet. That second part of the statute states, “to receive any firearm or ammunition which has been shipped or transported in interstate… commerce“, was discussed in A Favorable Ruling?. This, too, stretches our comprehension of the English Language. Here is how it is presented in Massey’s motion:

The word “has”, as opposed to the word “had” was used in the statute. “Has” is the third person singular, present indicative, verb meaning active in the action just completed, where “had” is past tense and participle of the verb have, meaning in a previous situation. So, if one were the direct recipient, then the word “has” would be appropriate. However, if it were expansive, intended to include any firearm shipped in interstate commerce, then “had” would be the proper verb. The use of “had” would have meant to include any and all that “had” been so transported any time prior.

That cannot be too difficult to understand, unless they teach a different grammar in law school, or have judicial indoctrination classes that they have not told us about. It has to do with tense. So, who is to interpret the laws? Will it be the government? Or, will it be we, the People, who have a vested interest in the laws of this nation, and, more importantly, in the Constitution that created that government that is now ignoring that document to increase their power over our very lives?

The Order says, “The Indictment, in all four counts, charges that Massey “did knowingly possess in and affecting interstate commerce a firearm . . . said firearm having been shipped in interstate commerce.” Now, the wording of the statute has been conveniently rearranged as it was presented to the Grand Jury that issued the Indictment. If that Grand Jury accepts that the wording of a law (statute) is what they are told, and probably in writing, how are they to know that it differs from the law that they are asked to weigh against Massey’s actions? If they did choose to question the wording, I’m sure that the US Attorney would explain to them that he, being a lawyer, has said that “this is what the law is, and, if Massey is in violation of this law, as I present it to you, you must come back with an Indictment”.

Let’s compare the wording from the Indictment

… did knowingly possess in and affecting interstate commerce a firearm . . . said firearm having been shipped in interstate commerce.

And the statute:

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

Darn look at that. They have introduced another verb, “having”.

“Had” and “having” are both past tense, as described in the First Supplement. However, “has”, is present tense (present indicative). So, the statute says “has”, while the proper verb should have been “had”, if what the government claims was intended was really intended when the statute was written. However, the Grand Jury was led to believe the even more broadly expressed “having”, which is very inclusive.

Has – present 3d singular of have
Had – past and past participle of have
Having – To be in possession of already

So, do we allow the government to redefine words so that they can imprison those that they want to punish? Or, do we decide that you don’t have to be a lawyer, or a judge, to understand the Constitution and the statutes alleged to be written in “Pursuance” to the Constitution?

Here is what James Madison said regarding laws:

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

They will be “incoherent” if the Courts use a different language than the People. We cannot know what the law is, today, if that law is not based upon the language that we understand. The law is little known and less fixed when previous decisions of the courts have redefined the words, moving slowly but steadily away from the Constitution, for it is unfixed with subsequent decisions, and little known unless we make a daily habit of reading what the courts have done to both our language and the Constitution.

There is even more that troubles the patriot’s heart, and you will find those points highlighted in the linked Order. Suffice to say that if we fit the analogy of frogs in the water approaching its boiling point, we have, so far complained of the rising temperature, have failed to get out of the water.

Jon Ritzheimer
When did Freedom of Speech Become Hate Speech?

Gary Hunt
Outpost of Freedom
June 3, 2015

Jon was born in San Diego County, California in 1983. He was raised in Lakeside and graduated from El Capitan High School. He worked briefly after high school in construction, though having no direction, decided to join the Marines in 2002.

Most of his military service was stateside, though he served a tour in Iraq in 2004-2005. He was a Motor Vehicle Operator (MOS 3531), stationed in Ramadi. He did convoy security and was subjected to gunfire and IED attacks. He returned to Iraq in 2008, this time operating an MRAP, which he lived in “outside the wire”, eating, drinking, sleeping, and living in the MRAP for five months. No showers and the toilet was a “wag bag”.

His time in service included adverse reports due to his criticism of Obama, and having tattoos that were outside of the policy limits. This caused him to not reenlist. He continued in the Marine Reserves until 2014. During his service he received the standard combat awards and a certificate of commendation for one of the actions in which he was involved. It might be worth noting that he was never fired upon by any Christians, throughout either tour.

Jon married in 2007, then, after leaving the Marines, began using his GI benefits to get an education. First, he worked for a Harley-Davidson dealer, then left to set up his own motorcycle repair business, which he ran until the threats that were being put out caused him to look to the safety of his family, which now included daughters 2 and 4 years old.

Jon is much like many thousands of Americans who pursued life, served their country, educated themselves, and began working to support a family, eventually having his own business.

Seeing, as many do, that Muslims are attempting to establish Shariah Courts, impose Shariah law requiring women to be covered, ankle to the top of their heads, Ritzheimer became concerned over the potential effect of Islam in this country. It wasn’t quite enough for any more than concern, but he did remember what he had seen in Iraq. How can freedom of speech be denied, not by government, rather, by the threat of the use of force?

The recent “Draw Mohamed” event in Texas, and the attempt by two Muslims from the Phoenix Muslim Center, to assassinate those who had gathered for the event, hit a nerve. Our right to freedom of speech is unquestionably one of the most important rights that we Americans have. To assert that right, and to show that Americans will not allow intimidation to force us to relinquish even the smallest bit of that right, led him to conceive of the Freedom of Speech Rally. The first Rally, on May 17, getting little attention, and had only a few participants. However, being a Marine (there is no such thing as an ex-Marine); he was determined to get the job done by organizing the second Rally, held this past Friday, May 29.

This Rally brought hundreds to the Mosque, both pro Free Speech and those who mistook the purpose of the Rally, on the other side of the road, to defend Islam.

This second Rally managed to get attention, not only in Phoenix, but nationally. Unfortunately, as the press often does, they “rewrote” the purpose of the rally in an effort to demonize Ritzheimer and try to turn a Freedom of Speech Rally into a “Hate Rally”. Ritzheimer began to fear for his safety, and the safety of his family. He began to question whether this event, at a mosque, would lead a situation similar to that which was attempted in Texas, and was successfully carried out in France. So much for Freedom of Speech and the Press. However, the theme was that we would not be intimidated into not speaking what we want, in our own country.

Ritzheimer admits that the shirt he wore at the Rally, amply stating “F**k Islam” was not in good taste, and he regrets it. He told me that he has a hard time believing that, since there are so many Muslims out there, they can all be bad (prone to accept radicalism). However, his reading of the Koran raises questions, though some Muslims may sincerely believe that we can live in harmony. He also apologizes to all Muslims of the latter sort.

As the attention to the Rally went national, and the press chose to redefine its purpose, Ritzheimer began to fear for his safety, the safety of his family and those attending the event. Questioning whether going to the mosque might subject them to the consequences that were attempted in Texas, and successful in France. Subsequently, he began to encourage the lawful carrying of firearms to the event, as a means of self-defense against any attempt by the Muslims to use force to suppress freedom of speech.

As the event drew near, friends, and even people unknown to Ritzheimer, informed him of the reaction from what appears to be the Muslim community, quite possibly from as far away as ISIS in Iraq is.

Note that the military advised prior service members to use caution, giving credibility on the part of the government, to the implied threat because of messages similar to these:

(Note: SAW (Sallah Allah Alayhi Wa Aaleh) = Peace be upon him and his household.)

As apprehensive as he was at the start of the Rally, he was relieved to see that the police department had done the unexpected. They “Police Line” taped both curb lines to keep the two sides apart, and then stationed their officers along the centerline of Orangewood Avenue, facing the officers in alternating directions, so that neither side was singled out by the neutral police department, who was there only to assure the safety of all concerned.

Though Jon realizes, now, that the Free Speech Rally could easily be misconstrued, regardless of what he intended, he still believes in, and stands for, the right of Americans to speak freely what they feel. Regardless of whether an inverted crucifix in a jar of urine expresses Freedom of Speech, or a carton drawing of Mohammed, Freedom of Speech is essential to the continuation of our great nation. Jon will continue to support that freedom, just as he supported it when he went, willingly, to Iraq to assure the Iraqis had a chance to establish that right.

Jon Ritzheimer is praised for supporting freedom of speech in the Muslim country of Iraq, and then condemned for supporting free speech in the country that sent him to Iraq. Those who have condemned Jon Ritzheimer, by so doing, have condemned the very fabric of our country.