The Bundy Affair – #14
“public trial” v. Star Chamber

Gary Hunt
Outpost of Freedom
August 11, 2016

Recently, the Las Vegas Review Journal petitioned the Court to allow access to certain evidence that would be used against the Defendants.  They even asserted that they would have no problem if names were omitted from the documents.  This was filed in response to the government’s Proposed Protective Order, a request that the Court seal and keep from the public some of the discovery materials, certain evidentiary documents, and exhibits that could be used in the trial against the Defendants.  Quite simply, it is all of the evidence acquired by the government in their pursuit of the persecution of 19 people that were involved in the Bundy Ranch Affair, nearly two years before the matter was indicted by a Grand Jury.  The Court has yet to rule on the matter.

Before we proceed, the discovery material would show what the government did, what they acquired, what their practices are, and whether they had subversive agents embedded within the group that afforded protection to the Bundy Ranch in April 2014.

As you follow along in pursuit of the government’s position, and the legal precedence, some of it even distorted perversions regarding the original intent of the Founders, also keep in mind that, historically, spies and entrapment were used against enemies, and spies against foreign governments, but never sent within the population that was supposed to be protected by that government.  For, to do so essentially, makes the people an enemy of the government, or, rather, the government the enemy of the people.

So, let’s look at what the Supreme Court has said, with regard to the Sixth Amendment.

In 1979, the United States Supreme Court, in Gannett Co. v. DePasquale, 443 US 368, addressed whether the press and public could be denied access to the court and evidence in a pre-trial hearing.  Although the decision was based solely (and rightfully) on a pre-trial hearing, the decision of the Court ventured further into the entire concept of the intent and purpose of a “public trial”, as guaranteed by the Sixth Amendment:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the assistance of counsel for his defence.

The Petitioner, Gannett Co., is a publisher and among others, published USA Today.  Greathouse and Jones were defendants in a state prosecution for second-degree murder, robbery, and grand larceny.  They requested that the public and the press be excluded from the hearing, arguing that the unabated buildup of adverse publicity had jeopardized their ability to receive a fair trial.  The trial judge granted the motion.  The following are excerpts from that decision:

Petitioner [Gannett] then moved to have the closure order set aside but the trial judge, after a hearing, refused to vacate the order or grant petitioner immediate access to the transcript, ruling that the interest of the press and the public was outweighed by the defendants’ right to a fair trial.

The New York Court of Appeals… [held] the exclusion of the press and the public from the pretrial proceeding.

The Constitution does not give petitioner [Gannett] an affirmative right of access to the pretrial proceeding, all the participants in the litigation having agreed that it should be closed to protect the fair-trial rights of the defendants.

Publicity concerning pretrial suppression hearings poses special risks of unfairness because it may influence public opinion against a defendant and inform potential jurors of inculpatory information wholly inadmissible at the actual trial.

The Sixth Amendment’s guarantee of a public trial is for the benefit of the defendant alone.  The Constitution nowhere mentions any right of access to a criminal trial on the part of the public.  While there is a strong societal interest in public trials, nevertheless members of the public do not have an enforceable right to a public trial that can be asserted independently of the parties in the litigation.  The adversary system of criminal justice is premised upon the proposition that the public interest is fully protected by the participants in the litigation. Continue reading ‘The Bundy Affair #14 – “public trial” v. Star Chamber’ »

The Bundy Affair – #13
“Gold Butte Impound”

Gary Hunt
Outpost of Freedom
May 10, 2016

We are all aware of the events that occurred two years ago, resulting in the recent arrest of 19 people, based upon the government’s allegation of events.  However, what we know is based upon Mainstream Media (MSM), as well as observations by various patriots, of those events.  What we have yet to see is what the government’s side of the story is, at least from the planning of the operation.

The picture, above, is the Bureau of Land Management (BLM) planner/artist conception of what the BLM base camp would look like.  It is taken from the cover of the Twenty Page “Gold Butte Impound – Incident Action Plan- April 5, 2014” (Plan).

The Plan was implemented on April 5, just one week before American patriots “unrustled” the cattle that had been rustled by the BLM, according to their Plan.  What is even more interesting is the amount of resources the government opted to commit, in order to steal the Bundy cattle.

In the past, a dozen men could handle and drive a herd of cattle to the railhead, many hundreds of miles away.  Now, if it were rustlers, attempting to steal cattle (yes, steal cattle, in violation of state laws (see “Violence Begets Non-Violence”), could probably handle the task with half a dozen to a dozen men.  However, the Plan eloquently demonstrates the inefficiency of government.  They have allotted 26 office personnel, 21 contractors, and 195 agents to rustle a few hundred cattle.  That’s right, about 242 people, primarily from BLM and National Park Service, who were tasked with this project.  Just imagine what the cost of the operation might be, if they had sold the cattle, they probably could not be able cover the cost of more than a couple of days of the operation.  But, then, who has ever expected the government to be efficient?

Continue reading ‘The Bundy Affair – #13 – “Gold Butte Impound”’ »

Burns Chronicles N^o 19
Property?

Gary Hunt
Outpost of Freedom
April 6, 2016

Count 6 of the Superseding Indictment reads:

(Depredation of Government Property)

(18 U.S.C. §§ 1361 and 2)

On or about January 27, 2016, in the District of Oregon, defendants SEAN ANDERSON and JAKE RYAN, aided and abetted by each other, did willfully and by means of excavation and the use of heavy equipment on lands of the Malheur National Wildlife Refuge, property of the United States, injure and commit a depredation against such property, specifically, an archaeological site considered sacred to the Burns Paiute Tribe, resulting in damage in an amount exceeding $1000, in violation of Title 18, United States Code, Sections 1361 and 2.

I have provided Jake’s name, though the government still has his name blacked out on the Indictment.  The statutes cited are:

18 U.S.C. § 1361: Government property or contracts

Whoever willfully injures or commits any depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, or attempts to commit any of the foregoing offenses, shall be punished as follows:

If the damage or attempted damage to such property exceeds the sum of $1,000, by a fine under this title or imprisonment for not more than ten years, or both; if the damage or attempted damage to such property does not exceed the sum of $1,000, by a fine under this title or by imprisonment for not more than one year, or both.

and Continue reading ‘Burns Chronicles No 19 – Property?’ »

Burns Chronicles N^o 5
The Burns Community

Gary Hunt
Outpost of Freedom
February 8, 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

What do you know about ranching and cattle?

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

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

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

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

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

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

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

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

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

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

Burns Chronicles N^o 4
Stand Up; Stand Down

Gary Hunt
Outpost of Freedom
February 7, 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stand by your oath. God Bless America.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

From Gary Hunt, Outpost of Freedom
In Burns, Oregon

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

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

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

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

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

Gary Hunt
Outpost of Freedom
January 6, 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

[Footnotes]

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Barbeau Qued in Seattle
The Demonization of Schuyler Barbeau

Gary Hunt
Outpost of Freedom
December 23, 2015

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The Rise of Islam in Our Children’s Minds
Is This the Destruction of America?

Gary Hunt
Outpost of Freedom
September 23, 2015

A friend sent a copy to me of the current assignment in Social Studies for her Seventh Grade son. Since the truancy people have threatened her if he doesn’t go to school, he has simply been instructed to face the back of the classroom and ignore the instruction. However, that solution is problematic, and what we are seeing is a program of enforced indoctrination.

Hitler arranged the educational system to propagandize the Nazi philosophy, and dwell on certain aspects of the German culture. He did not instill a foreign culture into the minds of the children. What country would even consider doing such?

The student’s previous historical education included California history, primarily the early Spanish portion with the Missions and Spanish settlement; Ancient history centered on the Mediterranean Sea (Byzantine Empire, Romans, etc.), and the Rise of Islam (current studies). No America history, no European history, no government studies.

So, before we look into just what is currently being studied, let’s think a bit about the near future. The students who have taught very little of our own history, but have been indoctrinated (I can’t think of a better word) in Spanish settlement of California, and Islam’s role in the world, including how badly the White Europeans treated them, will leave them with a foundation of culture that excludes that which they were born into, believing that their roots are from a Spanish and Muslim heritage.

They will object to any subsequent instruction that might dwell upon the settlement of the “New World” by English and French adventurers –those that brought civilization rather than chaos — because it would be foreign to the foundation that had been implanted in them. The “Great Experiment”, the first, and only real, government created by the people of the country, for the purpose of self-government, will be spurned as inconsequential, even though it laid the foundation for the freedom of those invaders (yes, that is the correct word) who have used those protected freedoms (which do not exist where they came from) to destroy the very structure that has led the world to the advanced society it has become. The result will be a regression of society back into a barbaric age, which should have been left to the dustbin of history.

Some of the atrocious effects of this program include:

• Teaching that Muslims pray five times a day, implying that this is acceptable within the school, yet the same school will not let Christians pray, even once a day.
• Teaches and honors a religion that has their five pillars, though they won’t allow the Ten Commandments to be displayed or spoken of.
• Teaches support of a religion that dictates both social and political behavior, though they limit that teaching to only the Sunni sect of that religion, the sect that is the primary elements of ISIS/ISIL, but disallow any discussion of the Christian religion or the Judea-Christian moral foundation of our country

It has become abundantly clear that the federal government, under the current administration, supports this effort by requiring such teaching in our schools, and funds that denigration of our educational system.

The Department of Health, Education, and Welfare (HEW) was created in 1953. In 1979, the educational aspect of governmental control of education (that used to belong to the local School Board) was created and named the Department of Education, while the remainder of HEW was renamed the Department of Health and Human Services. It is that Department of Education that now dictates policy (curriculum, including Common Core) and provides the funding for the local schools.

Since the Department of Education is an Administrative Agency under the Executive Branch (the President), we can expect no change in this policy, except possibly getting worse, until January 2017, when a new President will take office.

If the new President chose to change the policy, it would probably not go into effect until the beginning of school in September 2017.

That would leave this school year and the next of total indoctrination of our children into the benefits of Islam as a state religion, and it would be very difficult to undo the mental damage to our children, since it is the parents who willingly send their children to the government schools, telling them that school is where they will be taught what they need to know to get along in life and in America.

This country was a “Great Experiment” in self-government. It has turned into an oligarchy that is not responsive to the will of the people, and often is beyond the ability of Congress, our chosen representatives, to retain control of what they have willingly passed on to the Executive Branch.

If this is to change, and if we are determined not to allow these two school generations to be taught that Islam is great, and then probably vote for Muslims running for office, then we must, as the Founders did, determine to take upon ourselves, regardless of the laws but consistent with the Constitution, the responsibility and the task of removing this cancer from our society. And, that, by any means necessary, with no restrictions.

* * *

The following is the study guide for the Seventh Grade at:

• Canyon Lake Middle School
• Lake Elsinore Unified School District
• Principal: Dr. Preston Perez
• phone number: 951-244-2123
• webpage: http://clm.leusd.k12.ca.us

The source for the instructional material:
Society for Visual Education, Inc., 1345 Diversey Parkway, Chicago, Illinois 60614,
or,
Society for Visual Education, Inc., 6677 North Northwest Highway, Chicago, Illinois, 60631
phone: (800) 829-1900; fax number: (800) 624-1678

* * *

The future of this country is now in your hands. If it is to continue as we have believed, and as many have fought and died for, then the call to act is greater than any other time in our history. Contemplation, procrastination, and delay, have become our enemy. The time is now, and the necessity is, again, by whatever means.

It is Time for Grave Concern
It is Time for Action

The handwritten portion is the due dates for the various assignments.

Five Pillars of Islam? Where are the Ten Commandments?

Quran & Sunnah (the Word of God &teachings and attributes of Prophet Muhammad)?

What about the Old Testament and the New Testament?

Mecca? A city for only Muslims?

Mosque? What about Church., Temple, and Tabernacle?

Take the time to read the words in the list and see which ones, if any, are and should be a part of a student’s vocabulary.

Also, look at the lack of care in putting this together, for example the absence of a space before the entrees 10, 16-24, 26, 29, 30, 32-34, & 37. It shows a very poor attention to detail by those who wish to indoctrinate our youth.

Well, at least Europe gets a bit of attention.

Why would they want someone to know the routes of the four major Crusades? And, Israel had to be handwritten in — I wonder if someone might get in trouble for that.

Shouldn’t Americans first learn where the Mississippi, Colombia, Ohio, Potomac, and other American rivers are?

Why simply the geography of Islamic nations on untended conquests?

This, apparently, is the map that the elements of Page 5 are to be drawn on.

More Muslim geography. Only one European country. However, they fail to suggest that we should keep it that way. And, this whole exercise tends to suggest that they want the United States to, eventually, join the list of Muslim countries.

Now, we have some “fill in the blanks”. Not that “male” is included, however, “female” is not.

Who gives a damn where Islam was first preached?

They ask what countries Islam spread rapidly through, though they fail to ask why it spread rapidly, and how much blood was shed.

Now, they must learn all about Mohammad, but there is nothing about George Washington, Abraham Lincoln, Thomas Jefferson, and the scores of truly phenomenal, peace loving, Americans — that helped form this great country that we live in.

Now, we get into the religious foundation of Islam, in a school that outlaws the Bible.
That should be sufficient to justify burning the school, and some of the teachers and administrators, to the ground.

Now, we have a structure of government under Islam, but the students have yet to learn the structure of government in their own country.

That last question is the real kicker. I wonder what the acceptable answer might be.

Nothing about baptism, but very much about a very foreign, and strange, religion.

It seems that the student is supposed to learn, and perhaps participate in, the five pillars, though neither the Bible, or Christian prayer, are allowed in the school.

It also seems to support only one branch of Islam, the Sunni, since the Shia branch has twelve pillars.

So, conquest, and demonstration of a few basic practices that we have evolved into our more progressed society. They are not, however, demonstrative of something that would not have occurred without Muslims, and are probably more substantially developed than Islam could very have achieved.

Now, we have the Christian persecution of the Muslims, though we simply ignore the fact that the Muslims persecuted not only Christians, but Hindus, Buddhists, most of Africa, by execution, or committing them to slavery — which they still practice.

Now, at least, we see what happened in Europe (Spain, in particular) as a reaction, after the expulsion of the Muslims, to those who were not of the Catholic faith.

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.

Wolf Trap – Act I – Habeas Corpus
Scene 1 – Limited Federal Jurisdiction

Gary Hunt
Outpost of Freedom
May 22, 2015

Setting the Scene: This Act is a series of scenes that will lead up to the events, the paper chase, that are going on in Montana, in an effort to persuade the Court to recognize that rights of William wolf and the limitations of federal authority, as conceived by the Founders. It will provide an understanding of what was, why it was, and what happened to deceive us into believing that it no longer existed. It will conclude with the ongoing effort to restore the proper relationship between the federal government and us.

* * *

From my early school years, I heard explanations pertaining to Habeas Corpus, the “Sacred Writ”. It could be used to remove you from unlawful detention; it could be written on a scrap of paper to be served; it could be served, on your behalf, by anyone who wanted to assist you in being removed from unlawful detention, and, perhaps even more. It was championed as fundamental to our liberty. However, little more was said of it, and it remained only as a mental symbol of something that, though not well explained, was one of the most important inclusions in the Constitution. So important that it was not included in the Bill of Rights, rather, it was part of that first venture into the creation of the new government that we have, today, the Constitution.

Understanding that circumstances might warrant the suspension of that “Sacred Writ”, the power to do so was left solely to the Legislative Branch of the government, and only “in Cases of Rebellion or Invasion the public Safety may require it.”

Interestingly, this fits nicely within that portion of the Fourth Amendment that states that you have a right “to be informed of the nature and cause of the accusation” against you. But, what do “nature” and “cause” mean? So, we will visit the language of the Founders; from Webster’s 1828 Dictionary, we find that “nature” is a noun, and that the appropriate definition is, ” The essence, essential qualities or attributes of a thing, which constitute it; what it is”. So, nature is the element (essence) from which the charges are brought. The “cause” is, quite simply, that which brings it about — the act.

So, the “cause” is the act that brings about the charges, and the nature is the source from which the law acquires its authority. And, in any act, for which a “cause” is brought by the federal government, it must also have a source of authority, that being only, and limited to, the Constitution. The Constitution provides for both authority of enactment of laws and limitations upon the jurisdiction within which it can apply those laws and impose penalties, if convicted of the act.

After all, we know that the Constitution was written to set limits upon the government that was created by that document. They granted to that government so created, both powers and authorities, and they imposed limitations upon it.

Most cases that go to the United States Supreme Court are based upon certiorari; that is to see if there were irregularities, or errors, at trial in the inferior court. These writs deal solely with whether the applicable laws, or standards of justice (due process), were properly applied. The decisions in such cases often have the appearance of creating not only detailed instruction as to interpretation of a law, rule, or regulation, but also often they go beyond that written law, serving to extend the authority of such law beyond that was intended by the Congress, when it was enacted. This, however, is based upon the presumption that it if a law is enacted by, or under the authority (rules and regulations), of Congress, it must be constitutional in its enactment.

What is does not do, at least in recent years, is question whether the law, even if constitutionally enacted, is imposed where the constitutional limitations preclude its applicability, i.e. jurisdiction.

Before we proceed further, perhaps understanding what a “writ” is, and what it is not, is necessary for perspective. It is not a court case, nor a lawsuit, nor a criminal prosecution against a person. Quite simply, it is “a form of written command in the name of a court or other legal authority to act, or abstain from acting, in some way.”

Limited federal Jurisdiction

Under Article I, § 8, clause 17, Congress has “exclusive legislative jurisdiction”. Under Article IV, § 3, clause 2, Congress may “make all needed Rules and Regulations”, with the caveat, “respecting the Territory or other Property belonging to the United States.” So, under these authorities, many ‘laws” are enacted that apply only to the extent that jurisdiction also applies. A good example of this is a law enacted in 1825 that gave the government the authority to punish “certain crimes against the United States”. We’ll let the act speak for itself:

“That if any person or persons, within any fort, dock-yard, navy-yard, arsenal, armory, or magazine, the site whereof is ceded to, and under the jurisdiction of the United States, or on a site of any lighthouse, or other needful building belonging to the United States, the sight whereof is ceded to them [United States], and under their jurisdiction, as aforesaid, shall, willfully…”

Take note that this does not apply to government property outside of that limited jurisdiction. The property must be to be on lands that are ceded and jurisdiction also ceded, within the authority granted by the Constitution.

For those interested, there are a number of Supreme Court decisions that support the requirement for a Constitutional nexus for an enactment of Congress to be valid and applicable, outside of that limited jurisdiction. These can be found in the article, “Habeas Corpus – The Guardian of Liberty“.

Now, what we have been taught and have been inclined to believe for our entire lives, is eviscerated, if we heed a decision of the Supreme Court, In Re Lane (135 U.S. 443), ruled on in 1890, in which a man was charged with rape, under federal law. The rape took place in the Oklahoma (Indian) Territory (unorganized), though the case was tried in Kansas (statehood in 1861). Lane was convicted and imprisoned in Kansas. Kansas punishment being less harsh, Lane attempted to challenge federal jurisdiction, opting to be punished under Kansas law.

The law under which he was charged and convicted of, had the jurisdictional, “in the District of Columbia or other place, except the territories, over which the United States has exclusive jurisdiction,” in its wording. Now, that wording, “other place, except the territories, over which the United States has exclusive jurisdiction” can appear to be misleading. However, the Court clarified that rather confusing statement by explaining that “except territories”, was not in the context of Article IV, § 3, clause 2 (needful rules and regulations), but rather, as those organized territories, seeking statehood — those which had been granted, by Congress, the authority to propose a constitution and to create Legislative, Executive and Judicial Branches, and were authorized to enact laws, administer them, and the judicial branch to provide a forum for justice. These same grants of authority were endowed upon the states, within the limits of the state constitution, by adoption of the state constitution and the granting of statehood. The extent of federal jurisdiction, the laws, rules, and regulations, was limited solely to the unorganized territories.

Supreme Court (and Inferior Courts) Don’t Want to Rule on Constitutionality

In 1936, the Supreme Court ruled on a case known as Ashwander v. Tennessee Valley Authority (297 U.S. 288). The details of the case are not something that we need concern ourselves with, though we must heed the words of Justice Brandeis, as he explained the seven rules that the Court had adopted in applying their judicial authority. The applicable rules are:

1.  The Court will not pass upon the constitutionality of legislation in a friendly, nonadversary, proceeding, declining because to decide such questions ‘is legitimate only in the last resort…

4.  The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of… Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter…

5.  The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation.

6.  The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits.

7.  ‘When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.

As we can see, Rules 1, 4 and 7, are means by which the Court can avoid ruling on the constitutionality of a matter before them.

Rule 5 provides for a condition upon which one must have been injured to even challenge a statute, even as to constitutionality and jurisdiction. And, Rule 6 provides a bar against challenge, if a person “has availed himself of its benefits”.

So, we can see how extremely difficult it is to question constitutionality, jurisdiction, or to even find that you are in a position to challenge the lawfulness, of any act of Congress. But, we also have to understand the “nature” of those “statutes” referred to in the Rules.

In the Ashwander decision, it was pointed out that the Rules had been adopted over the past few decades, so this was really nothing new. Administrative agencies, though few at the time (Tennessee Valley Authority was one such agency), were relatively new. However, in an effort to expand constitutional authority beyond the limits imposed by the Constitution, and based upon the adoption of those Rules, Congress took another step, in 1946, to expand their authority beyond those limits. That will be the subject of Scene 2.