Freedom of the Press #18
The Big Guns

Gary Hunt
Outpost of Freedom
August 10, 2017

August 8, 2017, was the date set for the government to file their response.  They did so in the Government’s Reply to Respondent’s Opposition to Government’s Memorandum in Support of Civil Contempt.  That will be the subject of this article, however the recent background, since the May 9, 2017, Jurisdiction Hearing.

As a result of that Hearing, the government first filed the Government’s Memorandum in Support of Civil Contempt (June 12, 2017).  That was the subject “Freedom of the Press #16 – Jurisdiction Hearing“.  It appears that since January, when the government sought to have me held in Contempt of Court, they have yet to come up with a case citation that supports their position.

My response was filed as Memorandum of Law in Opposition to the Government’s Memorandum in Support of Civil Contempt (July 21, 2017).  This Memorandum increases the burden on the government, separating articles published before the “Supplemental Protective Order” and the one article published after that Order.  The government has yet to meet any standard of proof with regard to their legal responsibility to do so.

So, the current government Reply endeavors to regurgitate some of the same arguments that the government has relied upon, through the course of this ordeal.  For example, they have, from the beginning, relied upon Roviaro v. United States, 353 U.S. 53 (1957), when they state, “The substantial government interest in protecting confidential sources is long established.”  Where they fail in Roviaro, is that the protection is afforded by allowing the government to protect the identity of the informant.  In the words of the Roviaro decision, “What is usually referred to as the informer’s privilege is, in reality, the Government’s privilege to withhold from disclosure the identity of persons…”  What it does not do is to extend any criminal liability to those that disclose an informant’s identity.  It simply gives the government the right to try to protect the identity.

In the current matter, that was done to the extent that the law allows, the Protective Order that sanctioned those who were given certain information from disclosing that information.  It is only that person, whether a defendant, defendant’s counsel, or even government employee, was subject to the Court’s order not to divulge the identity of the informants.

The government did so even prior to the Discovery being given to the defendants, when they redacted what they believed to be any information that would tend to expose the informants.  The informant’s names were redacted as where many hundreds of words that the government felt would identify the informants.  The government keeping that information away from the defendants (the identification of informants) was their exercise of the protection of the informants, as per Roviaro.

The government continues to persist in stating, rightfully, “this Court had the authority to issue the orders and that it continues to have the authority to enforce the orders.”  However, they have yet to address the relevant aspect of jurisdiction.  To put this in context, if a judge in Mexico issues an order, he has such authority.  He also has the right to enforce that order.  However, does he have the jurisdiction to first, apply that order to someone not within his jurisdiction?  And, second, the authority to enforce the order against someone not within his jurisdiction?

The government wants to spin the context of what I said into a confession that is very, very far from my belief and honest admission as to the authority of the judge.

As the government continues, they make this rather curious assertion:

“When Hunt complains that this Court’s orders “prohibit” him from publishing “certain investigative pieces,” his factual premise is simply inaccurate.  Second, the justification for the original Protective Order continues because there is an ongoing need to protect cooperating witnesses regardless of the status of the trial.”

So, let’s break this down.  I have never complained about anything, except the fact that I was arrested by the government, similar to this current contempt situation, wrongfully applying a statute that did not apply to me, resulting in my spending a week in the Sacramento County Jail.  It would have been substantially longer had not Judge Brown seen through the deceitful tactic of the government in attempting to punish me, by simply lying to have a warrant issued for my arrest.  See Freedom of the Press #17 – Is This Legal?

Then, the government shysters endeavored to make a point:

“We are not asking this Court to restrain Hunt’s ability generally to write about the case — or even the informants — we only want him to observe this Court’s Order, which means that he cannot publish the discovery material subject to the Court’s Order.”

How nice of them to say that they don’t have a problem with me writing “about the case — or even the informants.”  How gracious.  However, these shysters are supposed to present facts.  My reputation as a journalist (not a blogger) is based on presenting facts.  Let’s suppose that I wrote about the informants, but failed to justify my conclusions without facts to back up those conclusions.  Well, then, I might just be a blogger.  However, as facts are a requisite in our judicial system, they are also a matter of principle to a good journalist.  To make accusations without presenting the facts makes a mockery of journalism, as it would of the judicial system.

Besides, such accusations are prolific in the patriot community.  They tend to lack any substance and are often made over a simple disagreement between two people.  Should some rely upon simply my word that so and so is an informant, the informant would simply accuse the accuser of being an informant.  And, the louder voice would probably prevail.  Surely, the government shysters would love to see an expansion of the “he said; she said” sort of rhetoric in the community.

As we continue through the Reply, we find this rather subjective statement of ‘facts’:

“[T]he government’s interests far outweigh any First Amendment interest Hunt may assert.  First, we need to protect our confidential sources for all of the valid reasons identified in Roviaro.  Second, the Court has a significant interest in enforcing the terms of its own Protective Orders.  Without enforcement, Hunt’s defiance threatens to undermine our ability to exchange discovery in future criminal cases.”

Now, the first point has already been addressed, with regard to the government’s right to endeavor to protect their sources — which they did by denying the defendants the right to call the witnesses against them (6th Amendment).  Second, the Court wrote the Protective Order and subjected those identified as subject to that Protective Order.  Daniel Ellsberg was the criminal in the “Pentagon Papers”.  The New York Times was not.  Finally, and the most laughable, is that the government feels that the exchange of discovery might be undermined.  Well, there is little doubt that the shysters want to keep as many secrets as they can from the defense.  However, in an effort to attempt to maintain their unscrupulous cadre of spies amongst us, they would willingly subvert the Constitution.

. Continue reading ‘Freedom of the Press #18 – The Big Guns’ »

The Bundy Affair #21
Batson Challenge – in the Name of Injustice

Gary Hunt
Outpost of Freedom
July 31, 2017

Introduction

In “Liberty or Laws?  – Justice or Despotism?“, I discussed how the case law method provides the government, through judicial proceedings, to move, a decision at a time, away from the intent of the Constitution.  In recent events in the second Tier 3 trial, only two-thirds of the trial was declared a “mistrial”, while the other third was not declared a mistrial.  I say this because the first trial, by the government’s design, included six defendants, all of whom were accused of wielding firearms on April 12, 2014, when the Bureau of Land Management returned the surviving captured cattle to their rightful owner.  Two defendants were found guilty of some of the charges.  The remaining four were not found guilty of any of the charges, though they were also not found not guilty.  So, there was no mistrial on the two, but there was a mistrial in the same singular trial of the other four.

Now comes the second trial, and the subject of this article.  Jury selection occupied the first two days of the trial and much of the third day.  Now, in jury selection, each side, Prosecution and Defense, may challenge a juror for cause.  Each side also has what are called “peremptory challenges”.  This is the definition of peremptory challenges found in Black’s Law Dictionary, Fifth Edition:

Peremptory challenge.  A request from a party that a judge not allow a certain prospective juror to be a member of the jury.  No reason or “cause” need be stated for this type of challenge.  The number of peremptory challenges afforded each party is normally set by statute or court rule.

However, on the third day of trial, the government, apparently butt-hurt over the Defendant’s Peremptory Challenges, brought up what is known as a “Batson Challenge”, historically exercised by the defense, not by the prosecution.  They allege that the peremptory challenges were intentionally applied (state of mind) to exclude certain potential jurors.  Well, it appears that the Defendants cannot have a state of mind presented in Court as to why they went from their homes to Bunkerville, but they can be held accountable for their state of mind when it comes to jury selection.

Background of the Batson Challenge

The Batson Challenge is based upon a 1986 United States Supreme Court decision in Batson v Kentucky 476 US 79.  It deals with the Defendant’s right to challenge a jury makeup if the government’s peremptory challenges create a gender or racial bias in the jury.  First, a little background based upon earlier decisions.  In reviewing these cases, you will see that the original protection afforded to the people by the Constitution is slowly being chipped away.  In this current trial, the right protected for the people is now being used to afford the government the opportunity to claim a right that was intended to be a prohibition against the government.

As early as 1879, the United States Supreme Court ruled on the right of the defendant, with regard to the use by the prosecution of Peremptory Challenges, to stack the jury.  The case was Strauder v. West Virginia, 100 US 303.  Based upon the 14th Amendment, the decision stated, “that a State denies a black defendant equal protection when it puts him on trial before a jury from which members of his race have been purposefully excluded.”  [Quoted portion cited from Batson v. Kentucky.]

Strauder goes on to say that “A defendant has no right to a petit jury composed in whole or in part of persons of his own race.  However, the Equal Protection Clause guarantees the defendant that the State will not exclude members of his race from the jury venire on account of race, or on the false assumption that members of his race as a group are not qualified to serve as jurors.  By denying a person participation in jury service on account of his race, the State also unconstitutionally discriminates against the excluded juror.”  [Quoted portion cited from Batson v. Kentucky.]

Interestingly, that underlined portion from Batson, “By denying a person participation in jury service on account of his race, the State also unconstitutionally discriminates against the excluded juror “, presumes that the juror has a right to sit on the jury, nearly equal to the right of the defendant.  This appears to be a very early example of Civil Rights (See Liberty or Laws? – Natural Rights versus Civil Rights), whereby the government grants a civil right at the expense of one who previously enjoyed a natural right.

However, note that since the Bill of Rights, particularly the Fifth Amendment, guarantees the people the right to a trial by jury, it does not grant that right to the jury.  If anything, the jury has no right to refuse jury service, unless they are otherwise exempted.  The Bill of Rights was to protect us from the government.  It was never intended to provide the government the means to remove our protection from the actions of that government.

What the Batson decision does not provide, however, is the background of Strauder.  Strauder was indicted for murder.  He was an ex-slave, and the indictment was tried in a West Virginia Circuit Court and found guilty.  His case then went to the West Virginia Supreme Court, where they upheld the lower court’s verdict.  It then went to the United States Supreme Court on a Writ of Error.  So, taking from the Strauder decision, we find what led to the composition of the jury in the Circuit Court trial, to wit:

In the Circuit Court of the State, before the trial of the indictment was commenced, the defendant presented his petition, verified by his oath, praying for a removal of the cause into the Circuit Court of the United States, assigning, as ground for the removal, that ‘by virtue of the laws of the State of West Virginia no colored man was eligible to be a member of the grand jury or to serve on a petit jury in the State; that white men are so eligible, and that by reason of his being a colored man and having been a slave, he had reason to believe, and did believe, he could not have the full and equal benefit of all laws and proceedings in the State of West Virginia for the security of his person as is enjoyed by white citizens, and that he had less chance of enforcing in the courts of the State his rights on the prosecution, as a citizen of the United States, and that the probabilities of a denial of them to him as such citizen on every trial which might take place on the indictment in the courts of the State were much more enhanced than if he was a white man.’

This led to West Virginia, not a seceding state that would have been required to rewrite its constitution, to revise its laws on jury makeup.  This, of course, was a consequence of the due process provision of the 14th Amendment.

As I have said in the past, the presumption of innocence was based upon the fact that the Indictment (the alleged story of events) was on trial, not the defendant.  However, we have lost sight of that concept and now perceive the guilt of the defendant (the focus) as the purpose of the trial, not the validity of the Indictment.  Subtle, but still effective.

The Batson decision also provides the following:

[T]he Kentucky Supreme Court observed that recently, in another case, it had relied on Swain v. Alabama, 380 U.S. 202, and had held that a defendant alleging lack of a fair cross section must demonstrate systematic exclusion of a group of jurors from the venire.

So, in this citation, the defendant has the burden of proving that the prosecution has not used “systematic exclusion” in their use of their peremptory challenges.  However, as we will see, in the current case, that burden will be transferred to the prosecution, and the defendant is accused of “systematic exclusion”.

. Continue reading ‘The Bundy Affair #21 – Batson Challenge – in the Name of Injustice’ »

The Cause – What To Do?

Gary Hunt
Outpost of Freedom
June 12, 2017

I have been writing about the Bundy Affair since April 12, 2014 and the Burns Chronicles since February 2, 2016.  Both evolved out of a common grievance, Public Lands, and the rights that are inherent in them.  There are other commonalities, such as some of the players involved in both events and the fact that both had left behind the concept of Civil Disobedience and had entered the realm of Civil Defiance.  Those players, unlike most other patriots, had moved along “The Other (not so) Thin Line” to a point where their actions were intended to speak louder than their words.

The first event, in Nevada, the Bundy Affair, was an evolution from an event back in 1993 when Cliven Bundy, supported by hundreds of patriots who went to his ranch to side with him, defied the federal government and first stood for his right to continue both grazing and water permits necessary to continue his ranching business.  Cliven Bundy’s right to his historical use of the public lands culminated on April 12, 2014, or so we thought, in the “Unrustling” of the cattle that had been rustled by agents of the Bureau of Land Management (BLM).

In 2015, in Oregon, Dwight and Steven Hammond had been “resentenced” for a “crime”, though they had already served their time.  Their “crime” was the use of controlled burn and backfire to do what ranchers and the BLM have done for over a century.  The first is to destroy unwanted vegetation, the second, to control an existing fire in order to protect property.

This was not the beginning of their ordeal with the Fish and Wildlife Service (FWS).  Their ordeal began almost a decade before Cliven Bundy’s first confrontation with an out of control federal government.  The FWS had been trying to restrict the Hammond’s ranching by cutting of water supply, fencing public corridors, and requiring annual licensing for what were perpetual rights to Public Land Usage.  “The Harassment of the Hammonds” dates back to October 1986.

For all intents, the Hammonds were tried, sentenced, served their time, and left prison as free men.  The government waited until all of this was done before filing an appeal to the Appellate Court, contending that they should have been sentenced according to the Sentencing Guidelines.  Funny, the word guidelines isn’t mandatory, simply a guide.  But, more on that in a future article.

The resentencing of the Hammonds raised the indignation of some of those players from the Bundy Affair, and others who had, possibly a result of what they witnessed in April 2014, moved further along that “Thin Line”.  Unable to convince the Hammonds that they should not turn themselves in for the additional 4+ years they would now have to serve, the objective changed to the FWS, the aggressors against the Hammonds.

There had been a planned demonstration in support of the Hammonds scheduled for January 2, 2016, just two days before they were to turn themselves over to the US Marshal Service to begin their second punishment for the first crime.  This demonstration, like many others, was Civil Disobedience.  However, behind the scenes, a plan of Civil Defiance had been hatched.  It was left to those who either went to Burns, Oregon, before or after the January 2 event to decide just how far along that “Thin Line” they had moved.  Unfortunately, many who claim that they are “fed up with the Feds” are not fully committed to action.  Instead, they chose to act big and criticize what was acted out by those who were more committed and chose to occupy the Malheur National Wildlife Refuge (MNWR), an FWS facility about thirty miles south of Burns, and the adversary of the Hammonds rights for three decades.

For nearly a month, the Civil Defiance brought attention to the country, and the world, that the historical rights of Public Land usage were being trampled upon by the government.  The government, possibly absent any legal standing to deal with the occupation of the MNWR, chose to ambush a two vehicle, eight-person convoy going to a public event in John Day, Grant County, north of Burns.

Lying to the Oregon State Police (OSP), the FBI claimed that they were making a “felony stop” (legally, to stop the completion of a felony) and/or to serve an arrest warrant.  The warrant, however, was not issued until after seven were arrested and one murdered, while in transit to the event in John Day.

. Continue reading ‘The Cause – What To Do?’ »

Memorial Day 2017

Gary Hunt
Outpost of Freedom
May 29, 2017 (Memorial Day)

Memorial Day began as a day of honoring and remembering those soldiers that died in the Civil War.  It was practiced beginning in the South in 1866 and the North in 1868.  It was a day in which the graves of those soldiers were decorated with flowers, in honor of their sacrifice, and was called Decoration Day.

Recognition as Memorial Day began as early as 1872, though it wasn’t commonly used until after World War II.  In 1967, it was officially changed to Memorial Day by the government.

It now honors all dead American Soldiers, Sailors, Marines, and Airmen, who died in service to their country, including those who fought for the South.

So, what is a holiday; what does it mean?  Well, we can look at the Ten Commandments and get an idea of just what led our Judeo-Christian values to recognize a special day.  The Fourth Commandment says, “Thou shalt keep the Sabbath Day holy.”  That means that the designated day is above all other consideration, on the day so designated.

Whether you hold Saturday or Sunday as the Sabbath is a choice that each of us makes.  However, we commonly recognize the last Monday in May to be Memorial Day, and on that day we recognize of the sacrifice of those soldiers; it is to be held above all other considerations.

There is little doubt that those in power have moved our country away from the Constitution that created that government.  They have moved the government away from the very reason for those who served, and those who gave their lives for what was intended — and what we fought for.

There are two soldiers that I have particular memories of.  First is William “Billy” Prescott.  We went through nearly our entire schooling together.  Bill was quiet and intelligent, and perhaps the least likely to consider to be a soldier.  I found out about Billy’s death, Killed in Action, on my first and only visit to the Wall in Washington, D. C. One-hundred and twenty-six of us, the “Prodigy Vets”, went to see the Wall, most for the first time, in 1992.  Walking down, along the wall, to the apex, then back up the other side, was probably the most emotional event in my life.  The magnitude of waste of those lives was beyond my comprehension.  Considering that the Vietnam War was nothing that we should have been involved in, rather a consequence of our government gone astray from the principles upon which this country was founded.  However, we were naive, and simply did our Country’s bidding.

. Continue reading ‘Memorial Day 2017’ »

Freedom of the Press #13
Sojourn to Sacramento

Gary Hunt,
Outpost of Freedom
April 11, 2017

Introduction

This past Friday, April 7, I returned home from a week long visit the Sacramento County Jail.  I was in jail based upon a Warrant for my arrest for failing to appear at a show cause hearing on March 10.  The Warrant and what led up to it will be the subject of a future article.

I am writing this article to explain a system that, quite frankly, ignores our rights, especially when only accused of a crime.  It will give a little insight into life behind bars, at least those of the Sacramento County Jail.  I can’t say that this compares to the treatment that those currently held in jail in Oregon (Jason Patrick) or Nevada (many still innocent people) are receiving, but, perhaps it will help to understand that they are being treated similarly, or worse.

It will also explain what I have gone through.  Now, when I go to Court in Portland, next month, I will be entering the courtroom on the terms that I had to establish.  Fortunately, though without a plan going in, the final result is that I achieved a bit more than I could have expected, thanks to Judge Anna Brown.

The Arrest

Around noon on March 30, 2017, a nice, sunny, warm day, here in Los Molinos, California, I received a phone call from FBI Special Agent Catalano.  This was the fourth call he had made to me, since back in January when he first provided me a copy from the US Shyster demanding that I cease and desist publishing information obtained from the United States v. Ammon Bundy, et al, discovery evidence.  He began by saying, I am here in Los Molinos with the US Marshals, and I suppose you know what this is about.”  About that time, my wife buzzed me and told me that lunch was ready.

I then asked if it was to arrest me.  He affirmed that that was the purpose.  I asked if I could have about an hour to explain to my family what was occurring.  After conferring with someone on his end, he said that would be okay.  I told him that I would call him when I was ready.  I must say that I honestly believe, because of the tone of his voice, that SA Catalano did not enjoy his task

I called my team and gave them the simple message, “I am going to be arrested and transported to Sacramento.”  Please post that on my Facebook pages.”  I told them that there was no more to report, at this time.  Then, I went to the house, planning to do a bit more preparation, after I had eaten.

As I sat down to eat lunch, the task that I had anticipated, though somehow hoped would not occur, became reality.  My wife and children know what I do, but our agreement is that my work stays in my office, and out of the house.  They had no idea what I had been writing, but that was about ready to explode, big time, as I began, “I am going to be arrested within an hour.”

. Continue reading ‘Freedom of the Press #13 – Sojourn to Sacramento’ »

Freedom of the Press #10
Not Served, Again

Gary Hunt,
Outpost of Freedom
February 27, 2017

As has been reported by Maxine Bernstein’s Tweets (my primary source for keeping track of the doings in the Portland Group 2 trial), I have finally been served with the Order to Show Cause (ECF No. 1901). I say “finally” since the first notice had come from Maxine. Next, I received a FedEx delivery.  However, that doesn’t satisfy initial service. So, On Wednesday, February 22, I received a call from my favorite FBI personality. SA Matthew Catalano. He is good natured, diligent in his duties, and appears to have not taken a side in this ongoing battle between Judge Anna J. Brown and the United States’ chief Shyster, Billy J. Williams, on the one side, and yours truly on the other. I had already made plans for Thursday, and he seemed quite busy with other matters, so we agreed to meet on Friday. When we met, he handed me some paperwork, specifically the Order to Show Cause.

Now, as required, he reported to Portland that it had been delivered (note, I didn’t say served), and the Certificate of Service was duly recorded in the Ammon Bundy, et al, trial docket, that afternoon. The text of that Certificate of Service reads as follows:

Pursuant to this Court’s February 16, 2017, Order (ECF No. 1900) the government certifies that on February 24, 2017, FBI Special Agent Matthew Catalano met with third party Gary Hunt and personally served Hunt with a copy of the Order to Show Cause (ECF No. 1901). Agent Catalano had previously sent the Order to Hunt by FedEx. Hunt acknowledged that he had already seen and read the Order. Hunt stated that the Order included a time for him to respond to the Order, which he understood to be for civil contempt. Agent Catalano showed Hunt that there was an option for Hunt to call and request a defense attorney, and Hunt acknowledged this. Although Hunt took the copy of the Order to Show Cause, he stated that he was refusing service of the Order.

Now, they did get it right when they stated that I had refused service, though they pointed out that I had taken the Order to Show Cause. I simply want to set the record straight with my notes, taken shortly after the meeting:

Continue reading ‘Freedom of the Press #10 – Not Served, Again’ »

Freedom of the Press #6
“Tilting at Windmills” – Redux

Gary Hunt
Outpost of Freedom
February 08, 2017

I have noticed over the years, that some believe in quality, as I do, and others believe in quantity.  They think that throwing out a massive missive will drown the opposition in, well, paper.  It appears this is the new approach by the United States Attorney, and minions, from Portland, Oregon.  They have, with their most recent filing (Supplemental Memorandum in Support of Government’s Motion For an Order to Show Cause), on February 7, exceeded all my expectations, in terms of quantity.  They have cited 30 court decisions.  I have reviewed five of the cited cases, though I will comment on more of them.  Since their research is of such poor quality, It would be my pleasure to review cases for them in the future.  However, if I work for the government, my prices will not be discounted.  Considering how poorly their current hired help performs, it just might be worthwhile for them to get it right, for a change.

Now, let’s get on with the boring stuff.  However, there will be some really good stuff towards the end.

They begin the Memorandum with a statement of what it will address:

1. The District of Oregon is the proper venue for this Court to enforce its own Protective Order against a third party;

2. Third-party Gary Hunt should be held in Civil Contempt of this Court’s Orders after he has had an opportunity to appear and Show Cause why he should not be held in contempt;

3. There is a factual basis to conclude by clear and convincing evidence that third party Gary Hunt is aiding and abetting a defendant (or defendants) in this case in violating the Court’s original Protective Order (ECF No. 342), the new Order (ECF No. 1691), and the Supplement to the original Protective Order (ECF No. 1692); and

4. There are no prior restraint issues or “press” privilege issues.

So, we will begin with Part I.  Under the heading in the Memorandum:

I. The District of Oregon Is the Only Proper Venue for This Court to Enforce Its Own Orders

A. Proper Venue Under the Law

The first case cited is:

Myers v. United States, 264 U.S. 95, 101 (1924).  The Supreme Court in Myers held that venue is only proper where the court rendered the decree sought to be enforced.

Well, I did look that one up and here is what I found:

An information charged that plaintiffs in error willfully disobeyed the injunction lawfully issued in equity cause, St. Louis, San Francisco Railway Company, Complainant, v. International Association of Machinists, et al., Defendants, pending in the Western Division of the Western District of Missouri, by attempting, within the Southwestern Division of the same District, to prevent certain railroad employees from continuing at work.  The order ran against men on strike, and the cause is treated as one within the purview of the Clayton Act.

Well, that supports my position.  The case was in “Western Division of the Western District of Missouri”, however, the other jurisdiction mentioned was in the “Southwestern Division of the same District.”

Now, that “Clayton Act” does come under the Commerce Clause of the Constitution, since it deals with the Sherman Antitrust Act.

Clayton Antitrust Act is an amendment passed by U.S. Congress in 1914 that provides further clarification and substance to the Sherman Antitrust Act of 1890 on topics such as price discrimination, price fixing, and unfair business practices.

Well, I sought relevance, but did not find.  So, let’s move on.

. Continue reading ‘Freedom of the Press #6 – “Tilting at Windmills” – Redux’ »

Burns Chronicles N^o 57
Collusion or Conspiracy?

Gary Hunt
Outpost of Freedom
February 4, 2017

On October 27, 2016, shortly after the very just verdict of “Not Guilty” was announced in the Ammon Bundy, et al, Group 1 trial, a meeting was held in the Mark O. Hatfield Federal District Courthouse.  The 12 jurors, Judge Anna Brown, and a court reporter, attended the meeting.  It lasted about one and a half hours.

It is my understanding that such a meeting is not unusual.  However, circumstances surrounding this particular meeting are, to say the least, quite unusual, considering context.  That is exactly what we are going to do.

The first irregularity occurred when the Prosecutor moved to have the trial declared “complex”, which allowed the Court to circumvent the right to a speedy trial and to break the defendants up into two groups.  The first Group (mostly leaders) was tried in September and October 2016, and the second Group to be tried beginning in February 2017.  While the delayed trial date was agreeable, as the Defendants needed the additional time to prepare their defense, one drawback is that many of the Defendants were held in custody until the verdict was reached, in the first trial.  The latter trial date made the government’s case easier, as they had smaller groups to try, and it gave time to elicit plea bargains, thereby reducing the number who would be prosecuted at trial.

Next, during the pre-trial “paper chase”, with hundreds of motions filed, answered, and finally ruled on, there is no doubt that bias existed on the part of Judge Anna Brown.  Behind the scenes, many of us followed this legal maneuvering for months.  It seemed that even when the arguments presented by the defense were well supported, Judge Brown would still rule against the defense and in favor the Prosecution.

During the trial, there were rather strict rules imposed on the defense, especially when they sought to call additional witnesses to testify.  Judge Brown ruled that to allow that would be “repetitive”.  However, the prosecution showed a 1-minute video of approximately twenty of the occupiers firing across a canal.  The fact that the Prosecution showed that footage four times, however, was not considered “repetitive”.

Finally, and here we get to the meeting, Judge Brown called all of the participating jurors into the meeting, after dismissing the alternate jurors.  In that meeting, she explained that she would answer their questions, if they had any.  She also asks some questions, and explained that the answers would help the prosecution and the defense.  So, just how could it help the defense?  The Defense prevailed.  It could only help the Prosecution gain insight into the jurors’ minds in order to determine what they would need to overcome to obtain guilty verdicts in the Group 2 trial.

Some jurors indicated that had the charges been less serious, like simple “misdemeanor trespass”, it would have been much easier to render a guilty verdict.

Let me interrupt, for a moment, and point out that the Judge holds office under Article III (Judicial Branch of Government), and is, in essence, an impartial referee.  Her job is to “administer law in a court of justice”, “to control the proceedings”, and to make “decisions of questions of law or discretion”.  Her job is not to favor one side over the other, but rather to stand aside, interjecting only to the extent necessary to assure a fair trial.

. Continue reading ‘Burns Chronicles No 57 – Collusion or Conspiracy?’ »

The Bundy Affair #20
The Invisible Witness

Gary Hunt
Outpost of Freedom
February 2, 2017

I have been so busy writing about the goings on in Oregon that I haven’t had much opportunity to consider the situation in Nevada.  As I have told those that I been working with regarding the Group 1 trial in Oregon, who have all started concentrating their efforts in Nevada.  I told those who I had been working with in Oregon, “You all get to work down where it is warm and sunny, while I’m still stuck up here where there is snow on the ground, and it is cold.”  Seriously, however, I am in Northern California, about halfway between the two.  But, I was spending my time primarily on the Oregon, Ammon Bundy, et al, case.

Then, the government filed a Motion.  Upon reading the Motion, I found that the US Attorney has decided to invite me down to Nevada, an offer I couldn’t refuse.

On January 27, 2017, the government filed “Government’s Motion for Protective Order Regarding Undercover Employee“.  It is their effort to hide from the defense the identification of an Undercover Employee (UCE).

The invitation is found, beginning on page 9 of that Motion, to wit:

Events subsequently in the courtroom and in the United States v. Ammon Bundy, et al. case in Oregon have shown that the danger to the lone UCE witness in the government’s case is particularly great. Although the discovery information in United States v. Bundy was restricted due to a protective order, an associate of the defendants (including some of the seven common defendants in the Nevada case), Gary Hunt, posted discovery material to “out” confidential human sources to his webpage. Litigation is ongoing in the District of Oregon to remove the information from the web. See, e.g., Order Granting in Part Government’s Motion to Enforce Protective Order, United States v. Bundy, Case No. 3:16-cr-00051-BR (D. Or. Jan. 11, 2017).

Now, some might think that this doesn’t look like an invitation, but, after all, beauty is in the eye of the beholder.  I see that the United States Government Railroad (USGRR) is in full operation, and flying down the tracks at breakneck speed.

So, getting started in catching up with the USGRR, you will note that they imply a threat when they state that the events in Oregon “have shown that the danger to the lone UCE witness in the government’s case is particularly great.”  On the contrary, they have shown that there is no risk, at all, to the informants in the Oregon occupation — unless you consider that most of the informants have abandoned their old phone numbers, and are not accessible by phone, anymore.

Let’s look at some facts about this alleged “danger”.  On September 21, 2016, AUSA Gabriel, in questioning OSP officer Jeremiah Beckert, asked, “And did you have information about whether the driver [Mark McConnell] was cooperating with the Government?”  Beckert answered in the affirmative, and of its own volition, the government hung one of its informants out to face, what, serious bodily harm?  Death?  Well, that did not happen.  And, the government put this informant at risk.  That very act disputes the government’s entire argument regarding the potential threat to any of the informants.

. Continue reading ‘The Bundy Affair #20 – The Invisible Witness’ »

Freedom of the Press #5
“Tilting at Windmills”

Gary Hunt
Outpost of Freedom
January 31, 2017

Well, it has been almost three weeks since the government’s most recent effort to suppress Freedom of the Press.  Not really surprising, since they have nothing to go on; they just think that they do.  However, Billy J. Williams (aka Don Quixote) and Pamala R. Holsinger (aka Sancho Panza) have spent a bunch of taxpayer’s money on “Tilting at Windmills”.  They just do not seem to believe that the Constitution is the very document that created them, and the government that they represent.  Well, it didn’t really create them, but it did create the positions that they hold.

Back on January 10, 2017, the government filed the “Government’s Supplemental Memorandum in Support of Motion to Enforce Protective Order (1689)“.  This was discussed in Freedom of the Press #3 – “Contemptuous Postings”, published on January 11.  That same day, just hours before #3 was published, the Court filed an “Order Granting in Part Government’s Motion to Enforce Protective Order (1691)“.  This, of course, led to my response, on January 12, with Freedom of the Press #4 – The Order.  Rather a hectic pace, for three days.

Apparently, the government had some heavy homework, for it wasn’t until January 30 that they made their next move.  They filed “Government’s Motion for an Order to Show Cause (1788)“, and, not to be out done, they filed an “Affidavit of FBI Special Agent Ronnie Walker in Support of Government’s Motion for an Order to Show Cause (1789)“.  The Motion (1788) is only 6 pages, but the Affidavit (1789) is 14 pages, 8 of which are actually entering my Article #4 into the record.  I sure like it when they expand my readership.  Thank you, Don and Sancho.

So, let’s look at the Affidavit (1789), first.  The first three paragraphs are explanations of Ronnie Walker’s qualifications.  In that third paragraph, we find this rather curious limitation of her authority:

I am an “investigative or law enforcement officer of the United States” within the meaning of Title 18, United States Code, Section 2510(7), authorized to conduct investigations into alleged violations of federal law.

Now, it says that she is “authorized to conduct investigations into alleged violations of federal law.”  It does not say that Walker cannot investigate other allegations, but if Walker could, would not Walker have made the point clear.  It kinda makes you wonder, since nobody has found the time to provide a statute that I am in violation of.  This was first discussed when I received the “Letter- Demand to Cease and Desist“, which I reported on in Freedom of the Press #1 – Meeting with the FBI, when “I asked the agent what statute bound me to the Cease and Desist portion of the letter?”  I received no reply.  Since they have not provided me a statute (federal law), I am just wondering if maybe SA Walker is moonlighting for the US Attorney.

Now, here is the kicker.  In the next paragraph in the affidavit, Walker states:

4.  This affidavit is intended to show only facts pertinent for the requested motion and does not set forth all of my knowledge about this matter.

So, let’s see some facts.  In paragraph 15, Walker states that I received:

a Supplement to the original Protective Order, court record #1692, which prohibits any individual or entity from disseminating those materials or any information derived therefrom to any other individual or entity by any means.

Well, that is a fact.  Any individual or entity that disseminates those materials or any information derived therefrom to any other individual or entity[,] by any means.  Now, that would make almost any person who has read and shared certain of my articles, and presumably, even if you did not read them and only shared them, you have been brought into the “long arm of the Protective Order”, and are subject to the very same punishment that they want to try to hang on me.  And, as Walker said, that’s a fact.

Do not let that scare you, because we still have to see if the Court can find some way to reach out of their jurisdiction and grab me, or you, unless, of course, you live in Oregon.  But, even if you do live in Oregon, unless you are party to Ammon Bundy, et al, the trial, which will start, again, with Group 2, on February 14, it would not apply to you, either.  The reason I say that it can’t reach you is that you have to have aided and abetted a party in the action.  That condition exists when two parties work together.  We’ll touch on that, a little later.

. Continue reading ‘Freedom of the Press #5 – “Tilting at Windmills”’ »