Barbeau Qued in Seattle
The Arrest of Schuyler Barbeau

Gary Hunt
Outpost of Freedom
December 8, 2015

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

At the Weigh Station

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

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

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

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

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

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

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

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

Inforce tactical light

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

— Cellular telephone, Android platform,

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

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

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

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

The Criminal Complaint

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

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

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

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

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

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

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

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

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

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

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

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

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

Meanwhile, Back at the Ranch

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

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

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

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

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

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

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

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

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

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

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

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

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

1) Plastic bag with .223 ammo

2) Seven (7) 223 magazine

3) Verizon bill, ID cards, record book

4) Motorola mobile phone, model XT 912

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

6) Plastic box with gun parts

7) Large plastic bag with gun parts

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

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

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

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

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

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

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

Camp Lone Star – Federal Gun Laws and the Commerce clause

Gary Hunt
Outpost of Freedom
August 20, 2015

The entire “Felon in Possession” federal law is hinged on Commerce. From its inception, it has been enforced by taxation, since the Bureau of Alcohol, Tobacco, and Firearms is an agency of the U. S. Treasury department.

We are dealing specifically with 18 U.S. Code 922 (g):

(g) It shall be unlawful for any person – [conditions omitted]

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

We are going to delve into the purpose of commerce, as defined by the Constitution. We can also wonder why someone charged with “felon in possession” is not taxed; instead, he is determined to be a criminal. We will start with some historical background.

Role of the Federalist Papers

James Madison, fourth president (1809-1817), and recognized as the “Father of the Constitution”, for his role in drafting as well as arguing for ratification, is the best single source for an understanding of the intent and purpose of the Constitution and the government created by that Constitution.

The Federalist Papers, being the arguments that led to ratification of the Constitution, have been used in legal justification to support, and to overturn, laws enacted by Congress. After all, the intent of the Constitution, as laid out in the Federalist Papers is what the American people, through their respective state conventions, relied upon as the original intent of the Framers, and therefore, must be what the Constitution truly means, wherever any ambiguity exists.

There are many hundreds of U.S. Supreme Court decisions where the Federalist Papers were cited in arguing and/or deciding decisions before that court. If the Federalist Papers, those words by Hamilton, Jay, and especially Madison, supported a decision, it was so supported. If they were inconsistent with an enactment, then the enactment was overturned.

An example of the strength of original intent might be demonstrated with an example. In United States v. Lopez, 514 U.S. 549 (1995), Lopez argued that the federal law regarding “gun free school zones” was outside of the scope of authority granted to Congress by the commerce clause, “The Congress shall have Power…[t]o regulate Commerce… among the several States…” (Art. I, §8, cl. 3). Chief Justice Rehnquist delivered the opinion of the Court, and in so doing, said [at 457-458]:

The Constitution creates a Federal Government of enumerated powers. As James Madison wrote, “[t]he powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” The Federalist No. 45. This constitutionally mandated division of authority was adopted by the Framers to ensure protection of our fundamental liberties. Just as the separation and independence of the coordinate branches of the Federal Government serves to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.

The decision removed from enforcement the federal gun free school zone law, as a determination of that nature resided solely with the state, by those powers not granted to the federal government, rather, retained by the state government.

In another instance, Alden et al. v. Maine, 527 U.S. 706 (1999), this case dealt with the sovereignty of a American state government, Justice Kennedy delivered the opinion of the Court:

… Any doubt regarding the constitutional role of the States as sovereign entities is removed by the Tenth Amendment, which, like the other provisions of the Bill of Rights, was enacted to allay lingering concerns about the extent of the national power. The Amendment confirms the promise implicit in the original document: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” U. S. Const., Amdt. 10.

The federal system established by our Constitution preserves the sovereign status of the States in two ways. First, it reserves to them a substantial portion of the Nation’s primary sovereignty, together with the dignity and essential attributes inhering in that status. The States “form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere.” The Federalist No. 39.

Second, even as to matters within the competence of the National Government, the constitutional design secures the founding generation’s rejection of “the concept of a central government that would act upon and through the States” in favor of “a system in which the State and Federal Governments would exercise concurrent authority over the people–who were, in Hamilton’s words, `the only proper objects of government.'” (quoting The Federalist No. 15). In this the founders achieved a deliberate departure from the Articles of Confederation: Experience under the Articles had “exploded on all hands” the “practicality of making laws, with coercive sanctions, for the States as political bodies.” The Federalist No. 20.

Perez v. Mortgage Bankers Association (2015), with Justice Thomas, concurring in the judgment, said:

When a party properly brings a case or controversy to an Article III court, that court is called upon to exercise the “judicial Power of the United States.” Art. III, §1. For the reasons I explain in this section, the judicial power, as originally understood, requires a court to exercise its independent judgment in interpreting and expounding upon the laws.

Those who ratified the Constitution knew that legal texts would often contain ambiguities. As James Madison explained, “All new laws, though penned with the greatest technical skill and passed on the fullest and most mature deliberation, are considered as more or less obscure and equivocal . . . .” The Federalist No. 37.

One of the key elements of the Federalists’ arguments in support of the allocation of power to make binding interpretations of the law was that Article III judges would exercise independent judgment. Although “judicial independence” is often discussed in terms of independence from external threats, the Framers understood the concept to also require independence from the “internal threat” of “human will.” The Federalist No. 78, “The judiciary . . . may truly be said to have neither FORCE nor WILL but merely judgment . . . “. Independent judgment required judges to decide cases in accordance with the law of the land, not in accordance with pressures placed upon them through either internal or external sources. Internal sources might include personal biases, while external sources might include pressure from the political branches, the public, or other interested parties.

Necessary and Proper

Article I, §8, clause 18:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

This clause is worthy of additional consideration. What may be necessary and proper for the function, and the fulfillment of the duties, of the federal government is, without question, within the realm of the intent. That comes under the portion which states, “the foregoing Powers”, meaning those enumeration within Article I, §8.

Next, we have to consider, “all other Powers vested by this Constitution in the Government”. Here, we can consider whether a “Power” exists, and whether, without express authority, the government can properly assert that “Power”. For example, Article II, §2 provides that the President is “Commander in Chief of the Army and Navy of the United States”. clearly, laws enacted to facilitate that function are within the scope of the intent of clause 18. So, too, would be laws that set forth the operation of other functions within the various “Departments or Officers”, though the existence of those Departments and Officers must, by their creation, be consistent with the Constitution.

Now, here comes a stickler. The Preamble to the Constitution provides a description of the purpose of the Constitution and the government it created:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Let’s look at some adjectives (Definitions from Webster’s 1828 Dictionary, the words as understood by the Founders):

establish: To set and fix firmly or unalterably; to settle permanently. To found permanently; to erect and fix or settle; as, to establish a colony or an empire.

insure: To make sure or secure.

provide: To procure beforehand; to get, collect or make ready for future use; to prepare.

promote: To forward; to advance; to contribute to the growth, enlargement or excellence of any thing valuable, as, to promote learning, knowledge, virtue or religion.

secure: Free from fear or apprehension of danger.

(1) To set or fix firmly or unalterably a form of Justice; (2) To make sure that there is domestic Tranquility; (3) To procure beforehand, ready for future use, the common defence; (4) To forward (encourage) the general Welfare; and, (5) To make free from fear or apprehension, the Blessings of Liberty.

Of these, two are somewhat ambiguous, unless the on text is understood. How can enactments, for example, make sure that there is domestic Tranquility? Well, that Tranquility might best be described as the absence of government intrusion into our lives, so, it is absence of action rather than action that can produce the intended result. The other is to promote the general Welfare. It doesn’t say provide, therefore, providing the general welfare is not what was intended. Further, it says “general”, meaning creating a wholesome setting for the people to provide for their own welfare. These two, then, would, perhaps, require laws limiting activities of government that would be detrimental to the purposes.

The other three are rather straightforward. Establishing a judicial system that is focused on justice, rather than unconstitutional law. Providing for military protect for the country, should the need arise — it does say “defence”. And, to enact any law that assures that our posterity will enjoy the same “Blessings of Liberty that we intended to enjoy.

So, of these, “necessary and proper” must adhere to the achievement of the objectives. Anything contrary thereto would be unnecessary and improper.

Returning to “Departments and Officers”, the creation of Departments and the Officers within those departments would have to be within the confines of the defining powers of government. For example, if the Bureau of Alcohol, Tobacco, and Firearms, is created under the authority of excise taxes, then it is a tax collection agency, and its sole purpose is the collection of those taxes. Would a law be necessary and proper if it made a criminal of someone who chose to not pay the tax, or would it be limited to collection, not by force, rather, by judicial process, of any taxes owed?

This is the fine line of what the Constitution means. It is left to proper judicial interpretation, and that interpretation was made in the Supreme Court decisions cited above.

The Lopez case determined that the commerce clause was limited in its reach, and that it was encroaching on the rights and jurisdiction of the states to determine whether someone could possess a firearm within a specified distance from a school.

Alden reinforces the authority of the states to retain their sovereignty, if there is not a specific “necessary and proper” aspect to a federal law enacted by the Congress, or a Rule administered by an Administrative Agency.

The Perez case demonstrates the necessity of the judges and justices to interpret the original intent of a legislative act, as intended by the wording in the law, as well as to weigh the constitutionality, the “necessary and proper” aspect of an enactment of Congress, or a Rule promulgated by an agency..

The Commerce Clause

In Federalist Papers 41-46, he provides a thorough explanation of the three branches, their separation, and their powers and limitations. He also points out that there is a distinction between “necessary and proper” (Art. I, §8, cl. 18) and what is “unnecessary or improper”.

As he continues through these six Papers, he raises two questions:

1.  Whether any part of the powers transferred to the general government be unnecessary or improper?
2.  Whether the entire mass of them be dangerous to the portion of jurisdiction left in the several States?

And, into doing, he provides insight into:

[T]he several powers conferred on the government of the Union; and that this may be the more conveniently done they may be reduced into different classes as they relate to the following different objects:
1. Security against foreign danger;
2. Regulation of the intercourse with foreign nations;
3. Maintenance of harmony and proper intercourse among the States;
4. Certain miscellaneous objects of general utility;
5. Restraint of the States from certain injurious acts;
6. Provisions for giving due efficacy to all these powers.

Now, the one that we are concerned with is that dealing with is number 3:

[The Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

In particular, the second, “among the several States”, which he defined, above, as “3. Maintenance of harmony and proper intercourse among the States“.

One of the defects of the Articles of Confederation was that it had no means whereby it could control what one state did with regard to another state, as far as duties or taxes. If a ship came from a foreign port with goods to be delivered to a couple of different ports, in different states, it had an unfair impact on other than the first state visited. For example, if a ship came into New York, and had goods for New Jersey, New York would impose a duty on all of the goods aboard. Then the ship would cross the river to New Jersey, having already paid duties in New York, increasing the price of the goods offloaded in New Jersey.

Vermont and the already created Northwest Territories, being land bound, might be charged anything for any goods transported across any of the coastal states, to get to a shipping port — adding additional costs to those goods. Whereas the coastal states would have not additional charges on their goods.

It was with this problem, already existing, that lead to the inclusion of the commerce clause. Or, to put it in the words of James Madison (FP 42):

The defect of power in the existing Confederacy to regulate the commerce between its several members, is in the number of those which have been clearly pointed out by experience. To the proofs and remarks which former papers have brought into view on this subject, it may be added that without this supplemental provision, the great and essential power of regulating foreign commerce would have been incomplete and ineffectual. A very material object of this power was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter. Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the former. We may be assured by past experience, that such a practice would be introduced by future contrivances; and both by that and a common knowledge of human affairs, that it would nourish unceasing animosities, and not improbably terminate in serious interruptions of the public tranquility.

Now, to extend the ambiguous wording of the clause into means of enacting laws the step upon the toes, or the rights, of the States to determine what is acceptable within their sovereign lands, as, without a doubt, and abuse of the intent of that clause. It violates the very concept of a Union, making the federal government master of all, and the states, masters of naught, at least to the extent that the federal government intends to extend its influence.

So, when that provision for commerce becomes a uniform tax imposed by the federal government (Gun Control Act of 1934), rather than the intended purpose on not letting one state take advantage of another. Then the tax is removed and the act becomes a crime, (as discussed in Massey & The Clash of Laws) which is in opposition to the Texas Constitution and Statutes, we must, if the judiciary will not question what the intent is, and whether the federal “felon in possession” law is within that intent.

As was seen in the court decisions cited above, the Supreme Court does recognize the intent based upon the writings of Hamilton, Jay, and Madison. So, in the name of justice, should the lower court rule, with the wisdom intended, in favor of the Constitution? That is what Madison told us was intended. Thus leaving any challenge to seek an interpretation contrary to the Constitution as a burden on the government, rather than imprison someone, leaving the obligation on this victim of government oppression, the loss of his job, his family, and facing starting over, with the stigma of “convict” attached to his name, if the Supreme Court eventually rules that the law, as interpreted by the government agents, is in error, with regard to any authority granted by the Constitution? Is that not his proper role?

Camp Lone Star – More like Wonderland

Gary Hunt
Outpost of Freedom
March 21, 2015

In Camp Lone Star – “Fruit of the Poisonous Tree” and Camp Lone Star – “a Fundamental Right”, I discussed the motions filed by K. C. Massey’s attorney, Louis Sorola, the former being a motion to suppress evidence and the latter a motion to dismiss the charges. The government, surprisingly, managed to respond to those motions within the statutory time (20 days), when they filed the

GOVERNMENT’S RESPONSE TO MOTION TO SUPPRESS AND
MOTION TO DISMISS INDICTMNT [sic]

That is not an error on my part. The word “Indictment” is spelled, on the title of the document, as “Indictmnt”. Pretty good start for someone who receives over $100,000 per year plus amazing benefits from your hard earned money. You would think that they have spell-check on their computers, and that they would, to avoid error, have someone proofread what they write. But, heck, I guess that any form of diligence, whether as to grammar or truth, is not within their scope of responsibility.

Back on October 20, 2014, agents of the FBI and the BATF went to a home in Quinlan, Texas, to search for weapons (See Camp Lone Star – The Arrest of K. C. Massey). Any authority to search this house would be based upon the assumption that it was where Massey lived — his residence. Based upon the “Conditions of Release” (See Camp Lone Star – Cruel and Unusual Punishments – Before Conviction), they also presumed that Massey lived in the Quinlan house as that is where his “Home Detention” requires him to be. The Response does point out that Massey “left his home and traveled to Cameron County, Texas during the summer of 2014“, confirming that Quinlan was his home, but that he had moved for an extended period of time, over the summer.

Subsequently, they had a search warrant issued to search the premises at the Value Inn motel in Brownsville, and at the time of the search, arrested Massey. So, it appears that they then presumed that he lived at the Value Inn. The question, however, is where did Massey live, during that summer. Well, he lived on the “Rusty” Monsees property, at Camp Lone Star, with the consent of the owner. The purpose was to protect the property and to assist Border Patrol in discouraging entry into the United States, or, if they did enter Monsees’ land, to turn them over to BPS. The room at Value Inn was arranged to provide a place to clean up, due to the limited facilities at Camp Lone Star, and allow others, as well as Massey, to get a good night’s sleep on a soft bed, from time to time. So, his primary residence was actually Camp Lone Star. This can be equated with a businessman who has a home in New Jersey and works in New York. He may have a room in New York that he uses five days a week, and then stays at his home on the weekends. Are they not both his residence? Or, is there a law that prohibits only the wealthy (the Clintons come to mind) to have more than one residence?

Let’s add another factor before we proceed. A Mr. Aguilar, curator of the Sabal Palms wildlife sanctuary, granted permission to include the sanctuary in the area to be protected from illegal entry by illegal immigrants (See Massey’s account of incident). This would put that sanctuary, along with the Monsees property, under Massey’s “control”, at least with regard to deterring entry on the property of trespassers.

Now, you may be wondering why I brought that up. Well, I brought that up because I am wondering why the government, in their Response, chose to bring up a law that was not within their jurisdiction. On pages 4-5 of the Response, they cite Texas Penal Code Sections 46.02 and 46.04. It seems that they want to use Texas law to justify their action under federal law, but Massey is not charged with violating Texas law.

Texas Penal Code Section 46.02 Unlawfully Carrying Weapons
(a) A person commits an offense if the person intentionally, knowingly, or recklessly carries on or about his person a handgun, illegal knife, or club if the person is not:
(1) On the person’s own premises or premises under the person’s control

Texas Penal Code Section 46.04 Unlawful Possession of Firearm
(a) A person who has been convicted of a felony commits an offense if he possess a firearm:
(1) After conviction and before the fifth anniversary of the persons release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) After the period described by Subdivision (1), at any location other than the premises at which the person lives.

The justification is based upon the fact that a Cameron County Sheriff’s Deputy was on the scene shortly after the shooting incident, however, the Sheriff didn’t charge Massey with a violation of Texas law, so that whole subject is moot.

The shooting incident warrants our attention. The only shooting done that day was by BPS officer Gonzales who shot at John Foerster. From the Response, “Senior Border Patrol agent [sic] Danny Cantu was nearby, heard the shots, and secured the scene for investigation“… “Cantu told Massey all members of his group must remain until shooting is investigated” (page 2). So, if you have an armed officer telling you that you “must remain”, the question arises, were you detained? Or, were you free to go?

I asked Massey whether he was free to go and he explained that within the first few minutes of the “investigation”, he asked, since he and the third member of the party, could leave, they were told “no”. He explained that he asked, a number of times, that he asked in one form or another whether they could leave, and were consistently told that they could not leave.

At page 3 of the Response, “It was reasonable for BPA Cantu to disarm Massey and tell him he could not leave the area where the shooting occurred.” Well, this might be “reasonable” if Massey were a witness to the shooting, however, he did nothing more than hear the shots fired. So, he couldn’t be “detained” as a witness, as he witnessed nothing. The only two people that witnessed anything were Foerster and Gonzales. If you heard shots from a bank robbery, two blocks away, would they; could they detain you as a witness or participant?

On page 4 of the Response, “Police are allowed to stop and briefly detain persons for investigative purposes if the police have a reasonable suspicion supported by articulable facts that criminal activity may be afoot” (pages 3-4). Where does the reasonable suspicion come in when Foerster never fired a shot and Massey and the third party did nothing more than hear the gunshots? What “criminal activity [might] be afoot”? Perhaps the BPS officer, Gonzales, fired his gun outside of the BPS policy for use of firearms, but is there any other possible “crime afoot” that would justify such action? So, it would appear that their argument would only apply to Gonzales, not anyone else — Sort of government doublethink or some other screwy effort at justification of something that is unjustifiable.

Also on page 4, we find, “If an officer develops—–and is able to articulate—–reasonable grounds to believe that a suspect is armed and presently dangerous to the officer, third parties, or himself, the officer may take swift measures to discover the true facts and neutralize the threat of harm if it materialized.” So, did Gonzales or Cantu have any reason to make any person other than Gonzales a “suspect”? Was there anything in the cooperation of the three that lead them to believe that any of the three were “presently dangerous to the officer, third parties, or himself”? And, if those conditions were met, to “take swift measures to discover the true facts and neutralize the threat of harm if it materialized”, would be what was required. However, by the times provided, and the absence of any apparent threat, we find that they were detained from 3:45 to 7:00. However, that final item not being, in the least, justified, how can anyone perceive 3 hours and 15 minutes in which you are not allowed to leave, anything other than being detained, without Miranda warning?

We cannot stop here, however. The guns were taken from the Massey side, I suppose as “evidence” of some sort, however, the pistol that did the shooting was not taken, as evidence, nor even inventoried or audited. It seems that five shots were heard but that only four shell casing were found. Hence, the Response, as previous documents provide, the uncertain “four or five shots”. What kind of incompetence on the part of government is this? They don’t know how many bullets were loaded in the pistol, or they never did any investigation of the shooting weapon. However, they saw fit to seize weapons that were not involved in the incident.

From page 3 of the Response, we find some very cheap rationalization with, “Massy [sic] was not provided Miranda warnings during the investigation“, and “Massey was never handcuffed…” Golly, gee, he was detained, but since he wasn’t handcuffed, he doesn’t qualify for a Miranda warning, only they use what he said, and what he may have possessed, against him. This, because he “cooperated in surrendering his weapons and providing statements.” Darn, isn’t that the whole idea behind the Miranda warning? They didn’t Mariandize him, they didn’t let him leave, they were armed, and they asked him questions and then took the firearms. Actually, the government said, “surrendered”. Surrendering is capitulating — giving into force or threat of force. However, the government argues that the “evidence” that lead to a subsequent Indictment was obtained, was given freely — perhaps Massey wanted to be charged with a crime. We will just discount the facts and draw some conclusions about around that “Fruit of the Poisonous Tree”.

Has the federal government run amuck? Do they lie to rationalize achieving their objective — by whatever means necessary? Is their sole objective to prove that the government can do no wrong? I leave the conclusion to the reader.

Camp Lone Star – “a Fundamental Right”

Gary Hunt
Outpost of Freedom
February 21, 2015

It is normal, in any criminal proceeding, for the Defense Attorney to file a Motion to Dismiss. Most often, these are simple appeals about nothing of significance, though they do add chargeable hours.

In K. C. Massey’s case, however, we find a “Motion to Dismiss Indictment“, with merit. Perhaps not in a legal sense, but in a truly lawful sense – The difference that is anything can be enacted (legal), though unless it is firmly based upon the powers and authorities granted in the Constitution, it may be unlawful.

Constitutionality

Massey’s attorney, Louis S. Sorola, begins by explaining the Texas law (Texas Penal Code, §46.04) which allows Massey to possess a firearm, for his own protection. This and other aspects that will be addressed here are dealt with in detail at Liberty or Laws? “Felon in Possession of a Firearm” is Not Legal or Lawful.

He supports this by reference to, “the right of the people to keep and bear Arms, shall not be infringed”, in reference to the 2008 Supreme Court ruling in “District of Columbia v. Heller” (554 US 570), where the Court held that the Second Amendment gives individuals the right to keep firearms at their homes for their self-protection. This decision is consistent with the Texas law that allows such possession five years after completion of a sentence as a result of a felony. However, the federal statute that Massey is charged with presumes a lifetime prohibition, if incorrectly interpreted (see Commerce Clause, below).

He further argues that the term “people”, as used in the Second Amendment is also used in the 1st, 4th, and 9th Amendments, and in none of those is there an exception that would allow rights to be taken away. The only notable legal exception is in the Supreme Court decision found in “Sampson v. California” (547 US 843), which allows a different criteria if one is a prisoner or a parolee. It does not extend beyond that period of time when the person is in custody, or is under conditions of parole, in which he can be searched outside of constitutional constraints.

Commerce Clause

The question as to what extent the Commerce Clause (Article I, §8, cl. 3, Constitution) grants authority to the federal government is raised. Heller addressed the Second Amendment, but did not address the Commerce Clause, however another decision, “United Sates v. Lopez” (514 US 549) addressed the Commerce Clause, but did not address the Second Amendment. In Lopez, the extent of the Commerce Clause did not grant blanket jurisdiction, which resulted in the overturning of the federal Gun-Free School Zone law. If the ruling in Lopez was applied to Massey’s case, it would necessarily require a “substantial effect on Interstate Commerce.

As Sorola argues, “[t]he interstate commerce began and ended with the Federal Firearm License dealers involved. After the importation into Texas the guns are under Texas jurisdiction. Thus the laws of Texas apply, not the federal government.”

Equal Protection Clause

What is meant by Equal Protection was best defined by the Supreme Court in their ruling in “Yick Wo v. Hopkins” (118 US 356 – 1886):

[E]qual protection and security should be given to all under like circumstances in the enjoyment of their personal and civil rights;… that no impediment should be interposed to the pursuits of any one, except as applied to the same pursuits by others under like circumstances; that no greater burdens should be laid upon one than are laid upon others in the same calling and condition; and that, in the administration of criminal justice, no different or higher punishment should be imposed upon one than such as is prescribed to all for like offenses.

Now, it must be understood that the Equal Protection requirement is federal, not to be confused with state laws. Otherwise, all state laws would be equal, but, they are not — they are enacted in accordance with the State’s constitution. (See Which Constitution Am I Protected By?) Where it does apply is in the application of federal laws, as described in Yick Wo.

If different states have different laws as to what a felony is and how much time is served, is it equal protection if one state might consider it third degree and have a light sentence while another state might hold a higher penalty and mandatory 1 year (federal criteria) in prison? The federal government has not even attempted to establish a uniform criteria for the applicability of 18 USC §922(g)(1) – the charge against Massey). This lends support to the Commerce Clause limitation, above, where the law would only apply to Interstate Commerce, not to the right of the people, in general.

In a Circuit Court decision, the court decided that, in enacting the statute, “Congress superimposed a patchwork of state law over a broad piece of federal legislation in a manner bound to produce anomalous results.” (McGrath v. United States, 60 F.3d 1005)

Perhaps what is most important about this Motion to Dismiss is the fact that it is, without a doubt, a challenge to federal jurisdiction, a preservation of State’s Rights, and the rights of the People.

Questionable Character

Christopher Nathaniel Blystone

Gary Hunt
Outpost of Freedom
January 19, 2015

The entire Report on Christopher Blystone can be read at Christopher Blystone. The facts, evidence, and other information will be found at that page. Any discussion or comments regarding that report can only be conducted below. What follows is only the Summary of the Report.

Summary:

We have a criminal record spanning eight years, with the most serious crime being the last, which result in a Plea Agreement. We also have one that was terminated, probably to clear the record for Military Service.

We have direct violations of the probation requirements, unless Blystone can produce an order from a Judge granting him permission to go to Washington, D.C., for Operation American Spring.

We have a Military Service record that indicates no “Combat” service, an incomplete service based upon a four year enlistment with only 1 year, 3 months served. His DD 214 does not have a “Character of Service” line, as they used to, which would show if his service was honorable, less than Honorable, Dishonorable, etc., though under the circumstances, it would appear that Dishonorable would be the applicable “character”.

We have someone who speaks of Stolen Valor, while practicing the same.

These are the facts. The judgment of his character, trustworthiness, and whether he is someone you would want to knowingly associate with, is up to the reader.

 NOTE: An Addendum has been added to the full report, at Christopher Blystone.

Mark Kessler – The “Screw” Turns
Part 3

Gary Hunt
Outpost of Freedom
December 11, 2014

On December 2, 2014, Chief Mark Kessler came “out of the closet” as an FBI informant, or infiltrator. His exact status with the FBI is uncertain, though there is little doubt that he is cooperating with them to expose patriots to criminal prosecution, even to the point of entrapment.

He, at one point, claimed that he had gone to Langley, Virginia, to offer his services to the government. If true, it should be noted that Langley is where the CIA is located, and domestic involvement by the CIA is forbidden. However, it does appear that he did “hook up” with the FBI, though it is headquartered in Washington, D.C.

When Kessler started the CSF (Constitution Security Force), he had copies of all applications sent to him. Hundreds, perhaps thousands, of people gave pertinent information to Kessler, as they believed that as leader of this organization, Kessler would be a source of defense against government encroachment upon constitutional rights.

As explained previously, with the exception of obtaining copies of applications, Kessler did little more than simply solicit membership — he never really involved himself in the workings of CSF, nor did he propose a plan of action.

Due to lack of support from Kessler, some of the CSF groups simply dissolved, while others restructured themselves, often with minor name changes. The Georgia CSF renamed itself the “Georgia Security Force” (GSF) and adopted the “Soldier’s Code of Conduct”, the backbone Army personnel conduct, for decades.

Article I
I am an American fighting man, fighting in the forces which guard our country and our way of life. I am prepared to give my life in their defense.

Article II
I will never surrender of my own free will. If in command, I will never surrender the members of my command while they still have the means to resist.

Article III
If I am captured I will continue to resist by all means available. I will make every effort to escape and aid others to escape. I will accept neither parole nor special favors from the enemy.

Article IV
If I become a prisoner of war, I will keep faith with my fellow prisoners. I will give no information nor take part in any action which might be harmful to my comrades. If I am senior, I will take command. If not, I will obey the lawful orders of those appointed over me and will back them up in every way.

Article V
When questioned, should I become a prisoner of war, I am required to give name, rank, service number, and date of birth. I will evade answering further questions to the utmost of my ability. I will make no oral or written statements disloyal to my country and its allies or harmful to their cause.

Article VI
I will never forget that I am an American, fighting for freedom, responsible for my actions, and dedicated to the principles which made my country free. I will trust in my God and in the United States of America.

Kessler’s next step was the seemingly more formidable organization, III% BOG (Boots on Ground), which had a more suggestive name, III% meaning those who will fight, and BOG, implying active duty in combat territory. Again, he obtained all applications, and did little to communicate or provide direction, except, when he saw potential groups or individuals that might be a bit more serious, with regard to acting in opposition to government activities (See The Other (not so) Thin Line). One of these was the XXX Minuteman Militia, based in Georgia, with supporters in other states.

Nearly every person who joined the III% BOG completed and sent to Kessler an application, sufficient in detail to positively identify hundreds, perhaps thousands, who joined his organization. The information requested is far more extensive than you would fill out for a job, and includes questions that are appropriate for psychological evaluation, or, profiling.

One of the key players in Georgia goes by the moniker “blood agent” (Source “BA” – as he asked to be referred to during our interview). He felt that Kessler could send people in his direction, as he and Kessler spoke frequently. In early 2014, Kessler appointed him national commander of all CSF groups. This was done since Kessler was more concerned with getting a reality TV show than working with the organization he had begun.

The Set Up

In January 2014, in online discussions, Williamson, Cannon, and Peace (the Trio) discussed preparations for a “guerilla warfare” operation targeting “TSA, DHS, non-emergency FEMA, road blocks, etc.” It is apparent, here, that the targets were government agencies acting in the capacity of a police state. Note that only “non-emergency FEMA” is mentioned, to exclude those portions of FEMA that actually provide assistance during disasters, rather than targeting patriots.

In early February 2014, a conversation took place in an online chat at the “Blood and Scorched Earth” Facebook (FB) page. Participating was an informant known as CHS-1 (TS), using the Thomas Short FB account, along with Cannon, using his own account, and Williamson, using his own account. A meeting was arranged to take place on February 5, in Memphis, Tennessee. TS advised that he might be late for the meeting, due to weather. Cannon advised that an “anonymous friend” would be providing funding.

On February 5, TS was not present for the meeting, so the Trio left and returned to Georgia, then arranged to get back with TS via another means of communication.

Note that the Affidavit shows that Cannon’s phone was traced through cell towers from Memphis, Tennessee to Rome, Georgia, on that date – be advised. Note, also, that Thomas Short was named in the Search Warrant to Facebook for records (April 1), though he was not named in the Criminal Complaint, filed on February 28. This would suggest that Thomas Short is CHS-1, or someone acting as Thomas Short was CHS-1. Thomas Short, from Pennsylvania, was mentioned by two of the people who were interviewed for this article.

Later that day, arrangements were made to utilize a free, secure, chat site, www.chatcrypt.com, to continue discussing the operation. That discussion was attended by TS, “Chief” (probably Kessler), and another, unnamed. Since Peace had requested the password, it was most likely him. The chats were captured for evidence.

Note that those interviewed for this article made clear that Kessler always wanted to be referred to as “Chief”.

The only reported conversation from that chat came from “Chief”:

“We will be using Guerrilla style warfare tactics. I have been arguing with myself on what level of violence or what level of damage is acceptable. I do not want to kill or injure fellow Americans. So, at least for the guys with me we will restrain the violence toward people and target infrastructure. Then respond to violence with reciprocal violence.”

“The group with me will move first mainly to make a point. I stand by what I say. The other groups should start within the next 24 – 48 hours in order to keep the operational tempo up so that when one unit is done another is hitting nonstop. As soon as we complete mission one, we will relocate and start mission 2 then 3, until all is done.”

“We will get a post up after we complete our mission, then you will know the clock is started.” (Possibly suggestive that a number of teams were ready to jump in and begin a revolution.)

The affidavit reports that Chief talked about training, attacking small targets first, and then escalating to larger targets. Chief then described infrastructures as government vehicles, buildings, power, and communication… “If we can get decent intelligence could be obtained on roadblocks or VIPR, etc, then we go after them with the understanding it would be violent.” (VIPR is a TSA acronym for Visual Intermodal Protection and Response.)

Note that advocacy of violence came from “Chief”, not from Peace. The Trio had discussed targeting “infrastructure” and “TSA, DHS, non-emergency FEMA, road blocks.” It also appears that “Chief” was in a position to speak for a national, rather than local, participation.

On February 6, in an online chat, TS and Williamson discussed the need for ammunition and explosives. TS agreed to check with his “contact” to see what he could do to provide the necessary supplies.

On February 8, in a recorded telephone conversation, TS and Peace discussed what supplies were needed. The affidavit does not provide insight into what the wish list was. The only specific item discussed was “a thermite charge to go through the engine block of an MRAP” (Mine-Resistant Ambush Protected vehicle). In that same phone conversation, Peace asks, in addition to the thermite, for 12 pipe bombs.

Also on February 8, a new “confidential human source”, CHS-2, has an unrecorded conversation with Cannon. In that conversation, Cannon states that they wanted to “start the fight” with the government by strategically planning to sabotage power grids, transfer stations, and water treatment facilities, with the intention of forcing the government into declaring martial law. This would put the patriots on the offensive rather than the defensive.

On February 9, TS calls Peace and advises him that the items can be produced, though it will take a few days. The meeting, to secure the items, would be held in Tennessee.

On Tuesday, February 11, BA received a call from Cannon, informing him that the revolution was going to begin in a few days, explaining, also, what would be occurring. Cannon also asked for Kessler’s phone number, which BA gave to him. BA then called Kessler and gave him all of the information that Cannon had just given him. Kessler responded, “I’ll take care of it.” He did not query BA over any details, nor was there anything that would indicate that Kessler was not already privy to what was going on. BA is of the firm belief, after reading the affidavits, that the “Chief” is Kessler.

On Saturday, February 15, the FBI visited BA and questioned him about what he had told Kessler. The told him that their concern was “protecting innocent lives”. He complied and answered their questions. He has stated that he will never talk to the FBI again, and that he will keep any concerns that he has within the patriot community.

Note that this is the first time that “innocent lives” has come up in any of the discussions. Perhaps a “warm and Fuzzy” to induce BA to cooperate.

Also, on February 15, TS advised Cannon that the items requested were available. After some discussion, it was decided that the items would be delivered in Cartersville, Georgia. TS met the Trio in Cartersville and provided the two thermite grenades. TS then went back to retrieve the remaining items.

Then, in an FBI-led operation that included FBI SWAT and the police departments of Rome, Floyd County, and Bartow County, raided 22 Tumlin Drive, Cartersville, Georgia and arrested Terry Eugene Peace, 45, Brian Edward Cannon, 36, and Cory Robertson Williamson, 28, charging them with receiving unlicensed explosive devices.

——————————

Much of the information used in developing this article came from an “Affidavit For Search Warrant“, filed on April 1, 2014, to secure a warrant for Facebook to provide information from their data to verify the various chats, PMs and other information stored in their database. Be advised that anything you say, or do, on Facebook, is retained and will be made available to the government.

Additional information was obtained from an Affidavit attached to the “Criminal Complaint“, also filed on April 1. It is rather interesting that the Affidavits were filed over a month after the arrests. Normally, a Criminal Complaint is the basis for the Arrest Warrant.

Other sources, who have asked for confidentiality, have provided information to fill in some of the details regarding Kessler’s escapades as an infiltrator, or, more likely, a provocateur.

Mark Kessler – A Checkered Past – Part 1

Mark Kessler – Recent Past – Part 2

Mark Kessler – Coming Out of the Closet – Part 4

Mark Kessler – Recent Past
Part 2

Gary Hunt
Outpost of Freedom
December , 2014

During the events that occurred on the Bundy Ranch in Nevada, Ryan Payne and I were talking about the future of OMA (Operation Mutual Aid). OMA was the first real call to arms on behalf of the Ranch. At the time, OMA’s leadership consisted of two people, Ryan Payne and Jerry Bruckhart. The responders were a diverse assemblage of individuals from across the country.

Ryan had arranged to be liaison between the Bundy family and the militia. This was a necessary element in protecting Cliven Bundy from possible criminal charges (See The Bundy Affair – Answering the Most Common Question).

However, Jerry, back at home in Pennsylvania, had different ideas than Ryan, especially as to when the event was over, from the OMA standpoint. This, and other conflicts, demonstrated the need to overhaul the structure of OMA so that decisions could be made by a board, with a majority, rather than the conflicting 50/50.

OMD & BTFA

In June 2014, Ryan and Jerry came to terms on a breakup of OMA whereby Jerry would retain the name and would be supportive of a new organization that would be known as “Operation Mutual Defense” (OMD), more descriptive of the role it was intended to play in providing defense against overbearing governmental intrusions.

My role was to assist, as an advisor, though not a voting member, as my primary role is writing about events. I was also to be a media advisor, since in my over twenty years of experience, I have learned, well, how to use carefully written articles that can have an effect on even mainstream media’s presentation of stories.

We also determined that a sister organization needed to be created to deal with funding. If the government went after OMD, they could possibly confiscate any funds held by OMD. This would preclude any possibility of OMD providing financial assistance to those who participated in an OMD event.

We know well from the Bundy event that tens of thousands of dollars were raised, purportedly to support that cause, though very little was actually used to support the activities at the ranch.

Perhaps the largest organization, who claimed to have raised tens of thousands of dollars to support the effort, was Oathkeepers. However, with the exception of some direct support to members of Oathkeepers, there was nothing to demonstrate that any of the raised funds provided any necessary material support to the operation. Further, Oathkeepers has admitted that most of their membership is comprised of active and retired Law Enforcement Officers. That would explain why the “officer safety” aspect of law enforcement was applied when the Oathkeepers abandoned their mission to protect the Bundys when there was a threat of a drone strike at the ranch. (See The Bundy Affair – Oath Keepers vs. Militia – Part II).

To alleviate the confusion over the proper recipient of contributions, so that contributors would know that the proceeds would go where intended, without preference to “members”, rather to provide to all that responded to the call, a new organization was warranted. And, as many members of Oathkeepers had, based upon the failure of Oathkeepers as described in the above linked article, been more concerned with “officer safety”, it was determined that this new organization should be one that was based not on education, as Oathkeepers claims, rather, on being committed to the oath previously taken.

This led to the conception of “Bear True Faith and Allegiance…” (BTFA), based upon the wording within the oath one takes upon entry into military service. Anyone with any law enforcement experience would be excluded from membership, except when the advisory board saw fit, based upon demonstrable actions, to override the prohibition. It would also be open to any person who chose to take an oath, in the presence of a notary public, and provide the notarized certification of the oath to the board. This opened the door to many thousands of patriots who have not had military service, though believe in and are willing to Protect and Defend the Constitution against all Enemies, Foreign, and Domestic.

The BTFA would hold a primary responsibility to raise funds, secure them in a trust account, and distribute, as needed, to any OMD event, as well as other events that might warrant consideration. This would be the sister organization to complement OMD, and to provide the funding, which was lacking in Nevada.

Taken together, these two organizations were, potentially, a serious threat to the government going beyond its constitutional authority in undermining the rights of the People. It was anticipated that both would immediately come under government scrutiny.

The selection of potential members of the advisory board for both organizations was left to Ryan Payne.

My dealings with Kessler

One of Ryan’s choices for the OMD board was Chief Mark Kessler, based upon telephone conversations where Kessler provided verbal support and encouragement during the Bundy Affair. Kessler never did go to the ranch.

Kessler, having been invited to sit on the OMD board, while on a July 2, 2014, board conference call, suggested that Rick Light was bad and that he would have nothing to do with him. This was rather interesting in that Rick Light was a guest on Kessler’s radio show (59 min) on Guerilla Media, back on January 17, 2014. During the show, they both talked about not bad-mouthing fellow patriots and patted each other on the back.

I had asked what Kessler knew that proved that Rick Light was bad, and he said that he “just knew it.” So, in an effort to help him, and the others, understand why Rick Light was bad, I posted a link to the Committee of Safety Common Law Court Unanswered Indictment of Rick Light, so that they could see evidence of Light’s relationship with the FBI.

Unfortunately, it appears Kessler “knew” everything and refused to read anything that might challenge his beliefs. What I had posted was supportive of, and would have enhanced his understanding.

A series of emails going through the maillist for the OMD Advisory Board demonstrates the immaturity of Kessler, and his propensity to use name calling, poor language (potty-mouth) and grammar, and circuitous (private emails to me) that I forwarded to the board so that they could see his true character. What is not included, since I don’t record private phone calls, is the dozens of calls I received from Kessler, during this period, where he would throw out a couple of sentences, vulgar, accusatory, and baseless, and then hang up, just like a child prankster.

In the emails, you will note that some of the members, even after the display by Kessler, wanted him to remain on the board which would decide whether an event was worthy of a call up for patriots to participate, as they did at the Bundy Ranch. This brought question as to whether the board could function as it was intended to, since there was not a common mindset to go deep enough to make the kind of determinations it would have to make.

At this time, BTFA was still separate from OMD, though there were three members who sat on each board. Mike Frye was aware of the membership of each board. On July 29, he started a group PM on Facebook. The conversation included members of both boards, and, of course, Kessler.

A couple of years ago, Randy Mack, on You Have Tread On Me Radio (2 hr 18 min), did a radio show dispelling the nearly two-decade-old accusation, by Bill Cooper, that I was John Doe #4 in the Oklahoma City bombing. That information was readily available to anyone who chose to “investigate” the validity of Cooper’s allegation. Chief Kessler failed, in investigative skills. Even though he had my email address and phone number, he chose not to ask me about the accusations. Kessler failed in both interrogation and investigation skills.

The image of the conversation that occurred during this second Kessler tirade is shown, in its entirety, at the right (pdf of chat conversation). You can see that his character has not changed; however, it did have the effect of making ineffective all of the effort that went into bring some patriots together into both organizations — that would have surely been an objective that the government would want to see accomplished.

Some may question why all of this information is being presented. I have been active in the Patriot Community since Waco. In that time, I have had friends go to prison, and, in every case, except one, there has been an informant involved. That insight, and having had a friend that was offered a plea bargain, turned it down, and then provided me, against the government’s explicit instructions, a copy of the entire plea agreement (See Informants Amongst Us?), have, perhaps, provided me more insight into the workings of such activity than most (See Vortex – The threat that keeps us apart). It is to share that information so that, hopefully, many will be better informed and will raise questions, when such behavior becomes apparent in someone with whom they are associated.

Now, let’s proceed on to other activities of Chief Mark Kessler, again, to understand just how these infiltrators create a “presence”, so that they appear to be as much a patriot, or more so, than those hard workers who are doing what they are doing, with the best of intentions. It is those who really are doing that need to understand just how the operatives (informants, agents, etc.) work so that they can protect themselves and continue the good work that they do.

Kessler and the Southern Border

On July 7, 2014, Kessler expanded his now shattered groups (CSF and III% BOG) to include border operations. His first call out was in a Facebook posting (saved copy, if the page is taken down). This post, reads in part:

“Kessler here… we’re expecting to make contact and be engaged by heavily armed cartel escorts trucking dope into Arizona, Feel free to join if you want, but be prepared to get contacted by heavily armed cartel members with automatic weapons, & possible grenades… so I suggest those who live in az come to the front lines and assist in stopping the traffickers, murderes[sic], rapest[sic] from entering! Instead of bitching about it on social media

Well, perhaps he is just going to go to the border, where he has never been before. However, in talking with those I am aware of that have been actively working the border, there was no prior discussion or invitation for Kessler to come, especially under the circumstances outlined in that Facebook post.

In the years that those who have been protecting the border, there have been no grenades thrown, nor has there been any real contact with the cartels, though some of the people that they have made contact with may be cartel members. Most, however, are coyotes, drug runners, or illegal immigrants. Firefights have not erupted, though it seems as if Kessler wants to make that happen, or, it is false (amateurish) bravado, or, simply to entice people (of the wrong sort for border operations) to join him in his quest for fame and glory.

I have spoken with two leaders of border operations, one from Texas, the other from Arizona. Kessler contacted both, and both refused to extend the desired “invitation”, as they saw that he had no desire to learn how to run such operations, and determined that it would be dangerous to even have him in their Areas of Operation.

In a subsequent post, he says:

This is why we need funding to get as many people to join our Arizona border Mission on July 19th, we can not wait anymore! this illegal invasion by Cartel controlled Mexican Military must stop , they are using hit and run tactics, straing[sic] out of guerilla war fair[sic] manuals, Border agents are on stand down orders from the Liar in Chief,
I can’t believe Americans are letting this happen right before their eyes and do nothing !!!! this it way out of control on JULY 19TH Pack your gear, weapons, ammo, first aid kits, MRE’s or canned food A lot of bottled water and roll out to rally point in sierra vista Arizona, if you can’t make this mission, please assist by donating, this mission is going to be longer then[sic] 5 days, we are asking for patriots to do rotations every week to re-leave current units that will be their[sic] from July 19th , as once said, ask not what your country can do for you but what you can do for your country!
rally point in sierra vista,
The Windemere Hotel & Conference Center
2047 State Highway 92
Sierra Vista, AZ 85635

So, now he is asking for funding, which would only take away from those sincere people that are actually doing something. He also expects that he can do in five days what others have spent years, to even put a dent in border crossings.

In yet another post:

Anyone that has night vision monoculars or night vision scopes they want to donate towards the July 19th Arizona mission, we are in need of these items soft and hard body armor. if by chance their[sic] is a great American patriot out their[sic] that follows this situation on the border but wants to stay out of the lime light, and they have the ability to donate one of these thermal weapon scopes annonamusly[sic], it would be greatly appreciated, we are in need of gear like thermal scopes, night vision monoculars, night vision scopes, ammo, & MRE meals, soft & hardbody armor along with first aid kits , wet wipes & funding for gas and water. anyone willing to donate ammo we need the following for sidearms: 9mm, 40 cal, 45acp, for long guns we need 5.56 x 45mm, 223 caliber, 7.62 x 51mm, 308 caliber, 7.62 x 39mm, 5.45 x 39mm

He begins asking for high tech (expensive) equipment, and apparently has quite an arsenal in that he is asking for ammunition for 3 types of handguns and six types of rifles. Apparently, however, his entourage, when he arrived in Arizona consisted of himself and no more than 15 others.

After his trip, he reported:

“Learned a lot about how our border patrol protects our southern borders and that not everyone on the other side wants to jump the fence! They are perfectly happy living in their country! And not everyone is working for cartels! Not even the Mexican military.
“I’m sure their [sic] are small pockets of military units assisting/working with cartels but not every single unit as it was portrayed to me and the crew with me!
“I can say we were expecting to be attacked by heavily armed cartels and we drove 2500 miles to respond for assistance, willing to risk life and limb, not knowing what we were walking into, armed for an all out battle with drug smugglers… thank god[sic] that didn’t happen.

From sources on the Arizona border, it appears that Kessler & Co. did go to the border, and spent no more than a few hours, at best. How he was able to determine the conditions, when those who have spent many months, or years, on the border to understand what those conditions are, is hard to say.

He also says that he was expecting to be attacked. And, even though that was his intention, from the earlier posting, he now thanks God that it didn’t happen.

This appears to be showmanship at its finest; Endeavor to present an appearance of knowledge of conditions, the willingness to initiate a fight, and the humility to thank God when that fight did not ensue.

Other reports I have received from those on the Arizona border indicate that local sheriffs and Border Patrol did pursue Kessler and his group in a helicopter. They were desperate to find him and “kick him out of town.” The local law enforcement people had developed reasonable working relationships with the militia units, and between what the militia units reported their opinions on Kessler to be, that of a loose cannon, and law enforcement’s own investigation, they wisely decided that he had to be removed from the area, as persona non grata.

In Texas, as in Arizona, many of the border protection groups are reluctant to have their names included in this article, and I honor those requests. However, K. C. Massey is willing to lend his name to what he has reported to me. In written communication, regarding his contact with Kessler:

“I was personally contacted by Mark Kessler on or about the first of September. He inquired about joining us at Camp LoneStar, situated on the Texas border near Brownsville. I exchanged several texts and telephone calls with Kessler. He was talking about wanting to “come kick wetback ass” and his attitude was not what I considered conducive to our mission on the border. I denied his request to join Camp LoneStar and he broke off communications with me.”

It is interesting to note that Kessler’s call to Massey was just a few days after the shooting event that eventually led to Massey’s arrest (See Camp Lone Star – The Arrest of K. C. Massey).

In a follow up conversation with Massey, he had been in contact with nearly all of the Texas border protection operations, and nobody seemed to want Kessler to visit their operations. They wanted to maintain distance from him, as well.

Mark Kessler – A Checkered Past – Part 1

Mark Kessler – The “Screw” Turns – Part 3

Mark Kessler – Coming Out of the Closet – Part 4

Mark Kessler – A Checkered Past
Part 1

Gary Hunt
Outpost of Freedom
December 8, 2014

Benedict Arnold began his military career with accolades for his ability to gather fighting men and win battles. Somewhere along the line, disenchanted with not receiving the recognition he sought, he switched sides and joined the British against the American colonists. Mark Kessler appears to have been, at least, an advocate of certain rights, though he, with other motivation, turned against American patriots.

We will follow some of his controversial career, and detail some recent events, that should be a lesson to all true patriots. There are techniques that are used to establish “credentials” (a presence), which might induce some to trust someone who is not really on their side, eventually leading to their downfall. This process is explained, rather briefly, in Vortex, though this story is far more detailed and is a real life education in that process.

According to Linkedin, Kessler was Chief of Police in Gilberton, Pennsylvania (a borough of about 1.5 square miles, population approximately 800 in 2010) from July 2000 through February 2014. As Chief, he was the only full time employee in the police department.

On Linkedin, he claims to be Founder/CEO of CSF (Constitution Security Force) from February 2013 to present (more about CSF, later). Without explanation, he claims “Reality TV” from January 2014 to present. Finally, claims to be CEO of III% BOG (Boots on Ground) from January 2014 to present. He fails to mention his work for the government, but, then, that is the purpose of this article.

A number of articles indicate that Kessler began his working career as a coal miner. Depending on sources, he became Chief of Police in Gilberton in either 1998 or 2000. Regardless, he was law enforcement in Gilberton for over a decade before his first instance of questionable competence.

Questionable professionalism

On Saturday, August 27, 2011, while off duty, Kessler was in the Second Street Pub in Girardville. He was wounded by his own weapon when he intervened in a scuffle and shot himself in his left hand (link). A friend then drove him to the hospital, and it is reported that Kessler took the pistol with him. The Sheriff’s Department has never found the firearm to complete their investigation (link).

Then, in 2012, we find that the Borough of Gilberton Mayor, Mary Lou Hannon, and police Chief Mark Kessler were ordered to pay $15,000 to settle a federal lawsuit that alleged Councilman Robert Wagner had been unconstitutionally arrested, strip-searched, and imprisoned because he used profanity toward the mayor. Wagner filed the lawsuit after Kessler arrested him for two counts of harassment for calling Mayor Hannon to complain about youths riding quads and dirt bikes at late hours. Hannon had directed Kessler to arrest Wagner (link).

Support of the Patriot Community

After these two questionable events, Kessler stepped up his support of the Second Amendment when, on January 24, 2013, he obtained unanimous council approval for his “2nd Amendment Preservation Resolution” (link), which nullifies all “federal, state or local acts, laws, orders, rules or regulations regarding firearms, firearms accessories or ammunition [that] are a violation of the 2nd Amendment along with Article 1, section 21 of the Pennsylvania Constitution”, within the Borough boundaries. After passage, Oathkeepers member Larry Liguori presented Chief Kessler with an Oathkeepers t-shirt. It seems that Kessler had begun activism as an American Patriot. (Image of Resolution)

By January 2013, Stewart Rhodes, of “Oathkeepers”, had Kessler as a guest and praised his efforts (link, 1 hr 16 min). Interestingly, using the Revolutionary War as an example, Kessler says that we should have automatic weapons, since the government has them. He did not distinguish beyond firearms, and he did not address the fact that people could own any weapon the government owned, back then. This omission will be addressed, later.

On February 4, 2013, Kessler registered an Internet domain, “chiefkessler.com“, and posted the following:

ALERT! Anyone interested in joining a reserve force with the Gilberton Borough Police Department ,contact Chief Kessler immediately for details! Due to our Country’s current situation I’m compelled to form an auxiliary force, DHS (Department of Home Land Security) is stock piling ammunition, Stock Piling Machine guns at a alarming rate! I believe we have no choice for what MAY OR MAY NOT happen shortly!, Ask yourself this one question, can you walk into any sporting good store and purchase 22LR, 9mm, 45ACP , 40 caliber, 5.56/223 , 7.62×51 or 308 ammunition in quantity’s more then[sic] a box or two ? (OR ANY AT ALL) if you answer No, ask yourself why ???? I’ll tell you why because the GOVERNMENT is STOCKPILING BILLIONS of rounds of ammunition! (for what ????) even the police can’t get ammo ! DHS has enough weapons and ammo to wage a 30 year GROUND war, (BUT ON WHO and WHY) what is wrong with this picture???, Maybe the tyrants want to take as much ammo off the civilian market AS POSSIBLE! either way it’s very disturbing!

This quickly evolved into what is claimed to be an national effort to establish “reserve forces” under the name of Constitution Security Force (CSF), and was picked up by the alternative media (link), beginning a broader “presence” in the patriot community. In an April 2013 video, Kessler explains his creation of the CSF. Claims were made that 38 states had adopted the CSF concept and was recruiting members. It seems that Kessler tired of the CSF, since many of the designated state representatives seemed to have lost contact with Kessler.

In an April 18, 2013, article, “Spooks Threaten To Assassinate Patriot Police Chief Mark Kessler“, Kessler claims that he has been targeted and received death threats. The article states that he received a call, “with the caller warning he is going to get a bullet to his head if he doesn’t stop the work he is doing. The call was traced by the Gilberton police to a pre-paid cell phone purchased and activated anonymously.” Interestingly, the Gilberton police is Kessler, himself, though he provides no proof of the investigation and its results. However, receiving threats creates an image that would be suitable to impress other patriots. Another article (link) states that Kessler said that he “couldn’t tell you how many death threats that they have been receiving at borough hall where I work,” on his then Spreaker radio show.

By August, the people of Gilberton were really fed up with Kessler’s erratic behavior. Kessler was suspended from his duties as Chief of Police for thirty days, beginning on the 1st. In such a small town, where everybody knows nearly everybody, the extent of displeasure of Kessler’s activities was amply demonstrated when there was little opposition to a sign put up by the Coalition to Stop Gun Violence.

Termination of Kessler

With the suspension nearly over, on August 30, and Kessler and his attorney failed to appear for the meeting; as a result, the suspension was continued, indefinitely. At question was Kessler’s $30,000 annual salary and whether the Borough would have to pay him, even if he was fired (link). That final decision to fire him would have to wait. Even Mainstream media outlets were beginning to cover the story. Kessler was getting far more than his “fifteen minutes of fame”.

On September 19, 2013, the Borough Council met in a closed-door disciplinary proceeding, considering allegations that Kessler had improperly used a state-administered program to buy discounted tires for his personal vehicle, failed to submit required crime data, and made derogatory comments about borough officials. The decision was to fire Kessler (link).

On October 10, the Borough Council held a required public hearing. Kessler and attorney were present when one of his supporters “accidently” dropped a loaded pistol on the concrete floor, just inches away from where Kessler sat. The supporter was asked to leave and the meeting was “continued” (link).

On February 21, 2014, a final settlement was reached with regard to Kessler’s discharge. He would receive $30,000 over 11 months. He had been suspended without pay since August 1. He also agreed to withdraw his demand for a public hearing over his suspension and the borough would not challenge any attempt by Kessler to obtain unemployment compensation. Further, he agreed to not to have any contact with past and present Gilberton officials including the mayor, council members and their families, not to attend any borough meetings or comment in any manner on the settlement. Should he not abide by those terms, and return all borough equipment, Gilberton has the right to stop payments. He was also prohibited from any type of legal action related to his suspension and termination (link). The Council then voted to do away with a Borough Police Department (link).

Kessler’s new future

Due to the apparent lack of success with Kessler’s first venture into organizing patriots, the Constitution Security Force, on February 24, 2014, he announced that his new venture, III% BOG (Boots on the Ground) had already achieved membership in the thousands, in chapters around the country. He will “vet” all members, to assure that they are acceptable to the organization (or, perhaps, for other nefarious purposes).

In describing III% BOG, Kessler’s attorney says:

“Say there is some sort of a civil riot. Mr. Kessler’s group would not be part of the individuals who are promulgating the overthrow of government… He would be on the side of trying to assist government that there isn’t any kind of unruly behavior, the breaking of laws…”

Mark Kessler – Recent Past – Part 2

Mark Kessler – The “Screw” Turns – Part 3

Mark Kessler – Coming Out of the Closet – Part 4

Camp Lone Star – The Search Warrant or Fishing License?

Gary Hunt
Outpost of Freedom
November 10, 2014

After the incident of August 29, 2014, in which BPS Agent Hernandez, who is bound by policy forbidding the firing of weapons upon illegal aliens, though apparently no such policy exists regarding American citizens, fired five shots from 30 feet away, failing to hit John Foerster (Jesus), a total of five weapons were “taken into custody” by the BPS and Sheriff’s Deputy. (See Massey’s account of incident). There is nothing to suggest that the perpetrator of that incident, Hernandez, had his weapon confiscated. These weapons were the basis for a “Criminal Complaint” issued on October 20, 2014, and lead to the arrest of K. C. (Kevin) Massey on Monday, October 20, and John Foerster, on Tuesday October 21 (See Camp Lone Star – Update #1 on K. C. Massey).

We are going to look at the Search Warrant and related documents to better understand both the divisiveness of government, and the deviation from the intent of the Constitution –regardless of how the courts may have ruled on the matter, after all, how can we be bound by laws if the government is not bound by the Constitution?

On October 20th, the same day as the Criminal Complaint, the “Application for a Search Warrant” (included in linked PDF) is supported by an “Affidavit for Search Warrant”, and though it doesn’t have the legally required concluding statement:

Further affiant saith not.
I swear or affirm that the above and foregoing representations are true and correct to the best of my information, knowledge, and belief.

or, variations thereof, it does comport the air of authority, as it is signed by “Anthony M. Rotunno, Special Agent, ATF”. However, should we expect the government to abide by the rules of legal sufficiency? Or, is that simply for “us peons”? After all, the government speaks only truth, and need not swear or affirm, simply, state. The Constitution does require that an affidavit be “supported by Oath or affirmation” (see 4th Amendment, below).

So, the Criminal Complaint was based upon what is referred to as “Felony Possession of a Firearm”. In fact, the Affidavit cites 18 U. S. Code, § 922 (g)(1), with the pertinent phrase being, “to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce”. Though I have written on the subject of 10 USC 922 (g)(1), before (“No bended knee for me” – the Charge against Robert Beecher & Liberty or Laws? Government Enforces Their Laws – Who Shall Enforce the Constitution?), I need to add another question regarding the applicability solely to the Commerce Clause of the Constitution. It has to do with the word “has”, as opposed to the word “had”. “Has” is 3rd person present, meaning active in the action just completed, where “had” is past tense, meaning in a previous situation. So, if one were the direct recipient, then this would be appropriate. However, if it were expansive — intended to include any firearm shipped in interstate commerce, then had would be the proper verb — to include any and all that had been so transported. I am sure that those who write such laws, or rules, have a grasp on the language and the meaning of words than those idiots who cannot even ascribe an affidavit properly.

That aside, Rotunno goes on with his explanation of his background, including with BPS from 2002 to 2008, then with ATF, since that time. Of course, the background also included special classes that he is familiar with, including the one mentioned above, though English grammar is not listed.

He then goes on to explain what the ATF National Academy teaches about what is reasonable to believe about what firearms owners “normally” do. For example, these rarely known facts, known only to the select few who have attended the appropriate indoctrination classes, are as follows:

1. That the ATF National Academy teaches that most Federal Circuit Courts of Appeal have held that it is reasonable to believe that persons normally store their firearms in their homes;
2. That persons who possess firearms usually possess other items related to firearms, such as: gun cases, ammunition, ammunition magazines, holsters, spare parts, cleaning equipment, photographs of firearms and receipts for the purchase of these items;
3. That it is common for individuals who possess firearms and ammunition after being convicted of a felony, to secrete such firearms and ammunition in secure locations within their residence, motor vehicles and other real property over which they have dominion and control;
4. That documents which indicate their occupancy and/or ownership such as personal mail, checkbooks, identification, notes, correspondence, utility bills, rent receipts, payment receipts, financial documents, keys, photographs, leases, mortgage bills, vehicle registration information, ownership warranties, receipts for vehicle parts and repairs, telephone answering machine introductions; cell phone cameras or other electronic recording devices which may contain electronic data of evidentiary value; and
5. That those persons often take and store photographs of themselves with their firearms, of firearms they own or possess, and usually take or store these photographs using their personal telephones or the “memory” cards of their telephones.

If Rotunno is such an expert, he should be familiar with something known as “Tannerite”. Tannerite is sold as a two-part compound, with the parts separated. It is legal to sell and possess. Its nature changes when the primary part, ammonium nitrate (an oxidizer) and aluminum powder (a fuel), are mixed. At that point, when mixed, laws apply only to the transporting and/or shipping of the then Tannerite. So, in an effort to prepare for the demonization of Massey, when this matter goes to the Grand Jury for an Indictment, they will tell the Grand Jury that he possessed ammonium nitrate and fuel, the same substances that Timothy McVeigh used to blow up the Murrah Building in Oklahoma City. This will be presented before any evidence of firearms so that the jury members will perceive Massey as a terrorist, as most people see McVeigh. At that point, the jury will follow the lead of the U. S. Attorney and not question other possible elements of the case. They will do what they have to do in order to indict Massey, and then the ordeal and expense of trial well begin to drain away Massey’s energy and resources, and the government a success, without even a conviction, in removing a committed patriot from our ranks.

Perhaps we need to look at this realistically. The Constitution provides, in the Fourth Amendment, that:

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

Therefore, we have another misunderstanding between the intent of the Constitution and the application by government. Why did the Founders insert the adverb “particularly”? Why didn’t they just leave it out? Well, then it would have read, “and describing the place to be searched, and the persons or things to be seized.” Is that what they meant?

But, wait a minute! They already have in their custody the five firearms listed in the Criminal Complaint and the two subsequently identified in the Affidavit for Search Warrant. So, keep that in mind as you read Page 3 of the Search Warrant (linked above).

On that page, you will see a list that is, at best, obscene, at least with regard to finding evidence that Massey had committed the alleged crime. You will note that the Warrant also says that they confiscated one firearm on Massey at the time of arrest, and that they knew that there was another firearm in the motel room. That is seven firearms, and they need to “confiscate” records, items, nearly everything but the toilet paper, to find “evidence of a crime”? Hell, if it really is a crime, then they had him, “dead to rights”, with seven firearms.

Can we attribute any other “justification” for this extensive and intrusive search other than “fishing” — to gather intelligence and profile others who have associated with Massey? Perhaps looking for evidence of another crime. Perhaps looking for picture so naked women, so that they can do something “productive”, during their long periods of surveillance.

Another thought that occurs is timing. If the original arrest was scheduled for 9:30 AM, though wasn’t conducted until Massey left the room, at 1:00 PM., one must wonder how the Affidavit, with all of the detail, could have been prepared, then the Assistance US Attorney found, to approve it, and, finally, a judge found who would sign it, within normal working hours, to be served the same day.

A final comment on the Search Warrant is the admission by the government that Massey showed the understanding that saying anything can only lead to disaster. By standing firm in not talking, he deserves the praise for the fortitude that held him to that conviction. Had he not, it is quite possible that he would have divulged information that might be detrimental to others. The quote, from the Warrant:

At the FBI office, your affiant (Rotunno) and FBI J. Schneider attempted to interview MASSEY. However, MASSEY invoked his right to an attorney.

What is clear is that the government’s regard for obedience to the intent of the Constitution is, without question, absent from everything done in this current exercise of despotic government. The primary evidence (5 firearms) was obtained without a warrant. Is it “forbidden fruit”, as it was obtained when government officers committed a crime by firing on John Foerster, and therefore within the limitations imposed by the 4th Amendment? Can that “evidence” then be used to secure an unsworn Search Warrant, so that, perhaps, they can make an arrest and find some evidence that is not as questionable? Would that evidence also be questionable, if obtained by improper (unconstitutional) methods? Come to think of it, the Search Warrant (page 6, item “H”) says that they had an arrest warrant, though Massey has never been provided a copy of the alleged Arrest Warrant.

So, we return to that necessary question, Are the people are here to serve the Government, or, is the government here to serve the People?

Related articles:

Camp Lone Star – The Arrest of K. C. Massey

Camp Lone Star – Update #1 on K. C. Massey

Camp Lone Star – Massey & The Clash of Laws

Camp Lone Star – Cruel and Unusual Punishments – Before Conviction

Camp Lone Star – Arbitrary & Capricious Justice?

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

Camp Lone Star – Update #1 on K. C. Massey

Gary Hunt
Outpost of Freedom
October 24, 2014

Arrest of Jesus

As a follow up regarding the possible role of John Foerster (Jesus) in the arrest of K. C. Massey, it appears that he was arrested on Tuesday, October 21; the day after Massey was arrested. In my previous article, I mentioned some circumstances surrounding Foerster that raised questions about his possible role in assisting the government in the arrest of K. C. Massey. There were other pieces to that puzzle that weren’t quite strong enough for me to be willing to put them in writing (except my notes), but the arrest of Foerster has other factors that bring this into question.

As mention in the previous article (Camp Lone Star – The Arrest of K. C. Massey), Foerster appeared at the motel room the night of the conference call, on October 19. Massey was arrested the next day, the 20th. Foerster claimed that he had tried to call Archie Seal to find out what happened, though Archie’s phone shows no record of any calls, missed or received, from Foerster. What I didn’t include in that article were the results of some investigative work conducted on the evening of the 20th.

One of the people I work with, let’s call this person “Joe”, called Foerster using a spoofed phone line. A member of Camp Lone Star and I were also on the line. Foerster seemed extremely troubled and nervous, during the call. “Joe” purported to have met Foerster at Camp Lone Star and feigned interest in doing what had to be done to keep “them” from going to prison. “Joe” used this ruse to imply status a federal informant. Foerster appeared to acknowledge meeting, and tried to get the real name of the “Joe”, though that request was diverted and never answered. He made no outright confession. The nervousness he displayed never abated.

About 30 or 45 minutes later, “Joe” made another call to Foerster, using the same setup. This time, Foerster was relaxed and casual, and agreed to a subsequent meeting of the two in order to discuss what they had to do to stay out of prison. Again, Foerster was unsuccessful in obtaining “Joe’s” real name, or any other substantive information, despite his attempts to do so.

Following that second phone call, we three remaining participants continued the discussion, speculating on his behavior, things that were said, etc., which appeared to support the theory that he was “bad actor”, and probably involved in the arrest of Massey. There was insufficient evidence to support inclusion of that information in the previous article. However, his change of character led us to believe that he had possibly called his handler and was given instructions to obtain what information he could, and otherwise play along. Apparently, he was trying to determine who was on the other end of the line and what they knew.

Now, if the government perceived risk to their “star witness”, they could not do without him. They would do what was necessary to assure his availability, when they needed him. Obviously, he had lost any ability to access additional information from Camp Lone Star, and any of its members — his usefulness, except as a witness, was destroyed.

Does this explain why he was arrested the next day? Was it to keep him safe, since it appeared to them that he had been compromised? All this even before that first article was even published.

We have obtained the “Criminal Complaint“, which includes both Massey and Foerster. However, there are some interesting aspects to the Complaint:

• The “properties” in the document obtained show that the document was created on 10/20 at 12:43, then modified on 10/22 at 11:40 (the day after Foerster was arrested).
• On page 4, of the document, the numbered items are hand-written. Foerster’s felony is first acknowledged on that page, not before.
• The “File” stamp show October 20, but it is just a rubber stamp, and the Case identification at the top is easily changed to show any date they choose.
• Since it was created on October 20, why would it be modified on the 22nd? Note: you can replace all of the pages in a PDF, but the created date will be retained.
• The stamp at the top of the page shows that the record is “Sealed”, so why is it made available, at this time?
• The Federal Judge or Magistrate is authorized, by law (Rules of Court), to make “corrections” in judicial records, as he sees fit.

Now, this is still speculative, at best, though it is being presented so that you can decide — and learn just how the government works. However, now you have the information, and you can decide what you believe to be true.

Operation Mutual Aid

There are similarities between what happened, last May, to Robert Beecher and what happened earlier this week to K. C. Massey. There is another similarity that begs our consideration. That is the now “underground” organization known as Operation Mutual Aid (OMA).

The article, “No bended knee for me” – the Demonization of Robert Beecher, explains the government linking Beecher to OMA. Though they were way off base as to the real relationship, they saw a tie, and they pursued it. This would mean that if you were a participant or member of OMA, are a convicted felon, and have pictures out that show you in possession of a firearm, you might be targeted before others who may just be a convicted felon in possession.

1. C. Massey was a registered member of OMA. Though he did not go to Bunkerville, Nevada, this past April, he was serious in his commitment to the “OMA Mission Statement“, as well as his own efforts to stem the flow of illegal immigrants at the Southern border.

After the events in Nevada, the press, some congress critters, and other officials, had suggested that there would be prosecutions. Ryan Payne and I discussed the possibilities and determined that the only charges that could be brought would be felony possession of a firearm. That would include both OMA members/supporters and others who responded to the call and were present at the Bundy Ranch. It appears that our judgment of this potential was correct.

Back in June 2013, OMA released a Policy Statement regarding a number of matters. It was also published as a “Public Notice”, explaining the purpose and intentions of the organization and its members. Interestingly, it included its members in a Mutual Aid Pact, which warrants our attention, and is fundamental to the ability of OMA to pursue a mission, succeed, and continue life — until the next mission. It reads, in part:

“…who you will be taking action against should you be told by your controllers to impede, apprehend or assault any volunteer of Operation Mutual Aid at any time, before, during or after an operation… If you apprehend any of us at any time, we will exhaust every one of our considerable resources to free that individual with all vigilance.”

With this in mind, perhaps we can understand why the government has put OMA members/supporters on their “hit list”, and what those OMA members/supporters must keep in mind, as we travel down the road of restoring this country to what the Founders intended.

Related articles:

Camp Lone Star – The Arrest of K. C. Massey

Camp Lone Star – Massey & The Clash of Laws

Camp Lone Star – Search Warrant or Fishing license?

Camp Lone Star – Cruel and Unusual Punishments – Before Conviction

Camp Lone Star – Arbitrary & Capricious Justice?

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