Outpost of Freedom blog

The Harassment of the Hammonds
Act II – Decade of the Nineties
Scene 4 – May 22, 1997

Gary Hunt
Outpost of Freedom
April 21, 2016

This series is not about the two fires and subsequent conviction of Dwight and Steven Hammond.  It is about the abuse, by government agencies, in the two decades prior to the first fire.

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing File Part II” pdf file.

On May 22, 1997, Bob Hiller, author of the draft opinion dated February 27, faxes a revised draft {163-171}. The revised draft is as follows: Continue reading ‘The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 4 – May 22, 1997’ »

Administrative Agencies – The Fourth Branch of Government
Circumventing the Constitution

Gary Hunt
Outpost of Freedom
April 19, 2016

Suppose you lived in Washington state or Colorado.  Suppose, too, that consistent with state law, you grow, process, and use marijuana.  Now, state law says you can, but federal law says that you can’t.  What happens if the feds arrest you and charge you with a crime?

The Constitution/Bill of Rights says that the right to keep and bear arms “shall not be infringed”.  Would a federal requirement that demands that you register your firearms be such an infringement, if your state did not require such registration?  Could you be successfully prosecuted by the federal government if charged with failing to register your firearms? Continue reading ‘Administrative Agencies – The Fourth Branch of Government – Circumventing the Constitution’ »

The Bundy Affair #10
Again?

Gary Hunt
Outpost of Freedom
April 18, 2016

My last article in “The Bundy Affair” was published on October 31, 2014.  That article was “The Revenge of the BLM“, when the Bureau of Land Management tried to promulgate new rules, in favor of critters and against the People of this country.  Their effort failed, and, well, I thought that was the end of the story.

Unfortunately, the government, like a spoiled child, does not like to lose, even when they are wrong.  It appears that we have returned to that age when the King can do no wrong, and when the people do stand up to them, forcing them into compliance with the Constitution and the limitations imposed on them by that document, their vindictiveness does not abate. Continue reading ‘The Bundy Affair #10 – Again?’ »

The Harassment of the Hammonds
Act II – Decade of the Nineties
Scene 3 – February 28, 1997 – May 21, 1997

Gary Hunt
Outpost of Freedom
April 14, 2016

This series is not about the two fires and subsequent conviction of Dwight and Steven Hammond.  It is about the abuse, by government agencies, in the two decades prior to the first fire.

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing File Part II” pdf file.

So, now that R. S. 2477 has been brought to their attention, FWS Portland has to deal with this significant disruption to their plans. On February 28, 1997, a cover sheet and draft opinion {97-102} directed to Forrest Cameron at Malheur. The draft was prepared by “Chief, Division of Realty”, in Portland. It has notations, apparently made by those at Malheur.  I think that the entire “draft opinion” is worthy of our attention.

Memorandum

To: Refuge Manager, Malheur NWR

Through: Refuge Supervisor, OR/WA/ID

From: Chief, Division of Realty

Subject: Malheur NWR Realty Opinion No.  2  Hammond Ranch Stock Driveway: A Revised Statute (RS.) 2477 Claim ? Continue reading ‘The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 3 – February 28, 1997 – May 21, 1997’ »

The Harassment of the Hammonds
Act II – Decade of the Nineties
Scene 2 – June 28, 1994 – February 20, 1997

Gary Hunt
Outpost of Freedom
April 11, 2016

This series is not about the two fires and subsequent conviction of Dwight and Steven Hammond.  It is about the abuse, by government agencies, in the two decades prior to the first fire.

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing Part II” PDF file.

After the appeal was denied, Dwight chose to pull out the big guns.  His attorney, on June 28, 1994, filed Notice of Appeal with the Department of the Interior, Office of Hearings and Appeal {20-24}, in Arlington, Virginia.

On July 18, The Solicitor’s Office of the Department of the Interior, Northwest Region (Portland) filed a Motion and Memorandum to Dismiss the appeal {25-48}.

On July 15, 1994, the Office of Hearings and Appeals docketed the Appeal {50-51}.

On July 19, the Office of Hearings and Appeals acknowledged the receipt of the Motion to Dismiss and set August 5 as the date for Hammond to respond to that Motion {52}.

On July 21, Hammond’s attorney responds, citing the information contained in the Notice of Appeal as authority for the Office of Hearings and Appeals to hear the appeal {53-54}.

During this process, chronologically, another factor comes in to play.  Though the entire case is included with the documents, the Order for Summary Judgment {56-73} is included.  It appears that the Hammonds had filed against the Water Resource Department of Oregon and the Water Resources Commission, State of Oregon.  The action was to restore historical water rights at the “Bird Waterhole”. Continue reading ‘The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 2 – June 28, 1994 – January 22, 1997’ »

The Harassment of the Hammonds
Act II – Decade of the Nineties
Scene 1 – February 18, 1994 – June 9, 1994

Gary Hunt
Outpost of Freedom
April 8, 2016

This series is not about the two fires and subsequent conviction of Dwight and Steven Hammond.  It is about the abuse, by government agencies, in the two decades prior to the first fire.

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing Part II” PDF file.

Six years prior was the last record in the eighties.  The first correspondence in the Nineties, dated February 18, 1994, refers to a letter dated June 1, 1993 {2}, from Forrest W, Cameron, Refuge Manager.  However, the records obtained have no copy of the June 1 letter.  The February letter suggests that the June letter had responded to a violation of the conditions of a Special Use Permit, and the because of that violation, that no Special Use Permit would be issued for the 1994-95 grazing season.

This letter is to notify you of my intent to not reissue a Special Use Permit to you for haying and grazing privileges on Malheur Refuge. This decision will be effective beginning with the 1994-95 haying and grazing season.

My proposal to make this decision is based upon a pattern of lack of compliance with refuge regulations over several years, and more recently the trespass of several hundred head of your cattle and your total disregard for the integrity of the new boundary fence in the Webb-Knox Spring area of Malheur Refuge. After a formal warning to you in my letter of June 1, 1993, stating that further violation of any refuge regulations could jeopardize your refuge permit, you have violated those regulations again. Continue reading ‘The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 1 – Feb. 18, 1994 – June 9, 1994’ »

Burns Chronicles N^o 18
1984

Gary Hunt
Outpost of Freedom
April 4, 2016

Count 5 of the Superseding Indictment reads:

(Theft of Government Property)

(18 U.S.C. § 641)

On or about January 15, 2016, in the District of Oregon, defendants JON RITZHEIMER and RYAN BUNDY, willfully and knowingly, did steal, purloin, and convert to their use and the use of another cameras and related equipment, the value of which exceeded $1000, which is property of the United States government, in violation of Title 18, United States Code, Section 641.

The Statute cited is:

18 U.S.C. § 641: Public money, property or records

Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or

Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted –

It is important to understand what the government has charged Jon Ritzheimer and Ryan Bundy with.  It may be clear from the Statute that the requisite for it to be a crime is “to convert it to his use or gain.”  So, to be sure that we are looking in the right direction, here are a few definitions from Black’s Law Dictionary, Fifth Edition:

Steal.  The term is commonly used in indictments for larceny (“take, steal, and carry away”), and denotes the commission of theft, that is, the felonious taking and carrying away of the personal property of another, and without leave or consent of owner, and with the intent to keep or make use wrongfully.

Stolen.  Acquired or possessed, as a result of some wrongful or dishonest act of taking, whereby a person willfully obtains or retains possession of property which belongs to another, without or beyond any permission given, with the intent to deprive the owner of the benefit of ownership (or possession) permanently.

Theft.  A popular name for larceny.  The taking of property without owner’s consent.  The fraudulent taking of personal properly belonging to another, from his possession, for from the possession of some person holding the same for him, without his consent, with intent to deprive the owner of the value of the same, and to appropriate it to the use or benefit of the person talking it.

Larceny.  A rather lengthy description, with the significant element being “felonious intent“.

So the taking of the property must be for keeping, depriving the owner of the benefit of ownership, and must be felonious in intent. Continue reading ‘Burns Chronicles No 18 – 1984’ »

Burns Chronicles N^o 17
“a speedy and public trial”

Gary Hunt
Outpost of Freedom
March 29, 2016

Is it for the government to interpret the Constitution, or is it for We, the People, to interpret that document, which, as is so clearly stated in the preamble, approved by us, through conventions of representatives in all thirteen then independent states under the Articles of Confederation?

There can be little doubt that Congress, the Executive, and the Judicial, must, in many instances, determine the intent of the Constitution.  The same was true under British rule.  However, when the government interpretation reaches the point of a gross deviation from intent, we cannot leave it to the government for that interpretation.  For, to do so allows the government to bypass the Amendment Process described in Article 5, and simply pass whatever laws they want.  When that happens, the Constitution is no longer in effect, and we are subjected to nothing less than a despotic government, failing to be government created by the Constitution, rather acting as an oligarchy, with no regard to the limitations imposed upon them by the Constitution.

So, in a larger sense, it must evolve to us, when the government so grossly misapplies those powers and authorities granted to it by the Constitution, to take, again, the reins of government, and to force those who claim to represent us back into their limited authority, by whatever means necessary.

The events in Harney County, Oregon, have brought a rather interesting light upon the actions of government.  So, we will begin by comparing some of their actions to historically recognized abuses, and then the remedies evolving out of those prior violations of our natural rights. Continue reading ‘Burns Chronicles No 17 – “a speedy and public trial”’ »

The Harassment of the Hammonds
Act I – Decade of the Eighties
Scene 5 – May 2, 1988 – May 9, 1988

Gary Hunt
Outpost of Freedom
March 23, 2016

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing Part I” PDF file.

In a letter from Fish and Wildlife Services, dated May 22, 1988, on letterhead, though, apparently never sent {107-109}.  It is a response to Dwight’s plight, after his meeting with Shallenberger, and references that meeting. There is no indication of who edited the document. The strike outs (light and by pencil) in that draft that are quite telling:

I am writing in response to your formal appeal regarding actions taken by the Service to regulate Your cattle trailing operation at Malheur National Wildlife Refuge. I have reviewed the correspondence surrounding this issue and have discussed the topic at length with staff from the refuge and Regional Office. I have also discussed it with Rob Shallenberger following his visit to your ranch. I’d like to express my appreciation for the courtesy you showed Rob and the information you shared with him. I’m sorry that I did not have the time available in my schedule to make the trip to Malheur myself.

After thorough review of this situation, it appears that there are some points on which we agree and others on which we do not. The Service acknowledges that the trailing route around the lower (west) end of Bridge Creek has been used historically, dating back well before you acquired the adjacent BLM allotment. We also agree that the movement of the boundary fence to the legal boundary has made your trailing operation more difficult and more costly. I will also agree that the Service took action to construct the new fence without full consultation with you and in conflict with what you believed was appropriate. I will also agree with you that the recent cooperative reseeding program with the State has the appearance of being initiated to bolster arguments in favor of maintaining the boundary fence. Continue reading ‘The Harassment of the Hammonds – Act I – Decade of the Eighties- Scene 5 – May 2, 1988 – May 9, 1988’ »

Burns Chronicles N^o 15
So, what is the Law?

Gary Hunt
Outpost of Freedom
March 21, 2016

It is appropriate to start off with some Constitutional wisdom from the Father of the Constitution, before we proceed.

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

James Madison, Federalist N^o 62

In the previous article, “Which Came First, the Rooster or the Egg?“, we were focused on the original charge, violation of 18 US Code § 432, which was the charge in the original Indictment, dated February 3, 2016.  Though the government did the intimidation, the defendants are charged with that crime, there is nothing to demonstrate that the defendants intimidated or threatened anybody.

Just over a month later (I guess it took the United States Attorneys that long to try and find something a little more, well, tenable, to charge the defendants with), a Superseding Indictment was filed on March 8, 2016.  It is with Count 2 of the Superseding Indictment that we will be discussing, here, along with both logical and historical perspectives. Continue reading ‘Burns Chronicles No 15 – So, what is the Law?’ »