Outpost of Freedom blog

Burns Chronicles N^o 4
Stand Up; Stand Down

Gary Hunt
Outpost of Freedom
February 7, 2016

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Stand by your oath. God Bless America.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

From Gary Hunt, Outpost of Freedom
In Burns, Oregon

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

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

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

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

Barbeau Qued in Seattle
The Demonization of Schuyler Barbeau

Gary Hunt
Outpost of Freedom
December 23, 2015

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Rogue Infidel – A Working Vacation to New Hampshire

Gary Hunt
Outpost of Freedom
November 30, 2015

The Trip

On November 18, 2015, Jon Ritzheimer began a road trip to aid an old high school buddy, Tyler Zarr, in his move to New Hampshire. After they loaded the SUV with Tyler’s belongings, they set out on their cross-country journey.

Since this road trip was part vacation and part work, they decided to take some “tourist” pictures along the way. Rather than dwelling on natural history or historical monuments, they opted to take pictures of what they perceived as the intrusion of an evil element into our country. Like any good tourists, they made “selfies” in front of the following mosques or Islamic Centers: New Mexico; Amarillo, Texas, Oklahoma City, Oklahoma; Springfield, Missouri; Illinois; Terre Haute, Indiana; Ohio; Reading, Pennsylvania; Lowell, Massachusetts; and finally, Manchester, New Hampshire.

Here, in Jon’s words, is his description of the trip (note: all italicized portions are from Ritzheimer’s statement to the Outpost of Freedom.):

“As we made our way cross country we stopped and took a photo at every mosque that was within our path during the journey. We also decided that since we were heading that way that it would be nice to give the Muslims at the Islamic Post a visit to simply give them a piece of our mind in regards to the article they publish back in June, [Where they accused Jon, Pam Geller, and others, of being “American Taliban“. See note at end.] calling me a terrorist because I organized a pro freedom of speech rally at a Mosque where now five terrorists have come from.”

The Video

Shortly after leaving Phoenix, Ritzheimer made a video explaining his trip to those who have been paying attention to what he is trying to oppose publicly, which in the past was focused on the Islamic Community Center of Phoenix (ICCP). An account of his recent “confrontation” there can be found in the press release for the event, Global Rally for Humanity – Phoenix.

Now, even prior to the Global Rally event, Ritzheimer had held a Freedom of Speech Rally (When did Freedom of Speech Become Hate Speech?), where false accusations of his intentions were prolific, even in the mainstream media. Ritzheimer had made it clear, though many choose not to hear it, that being armed is strictly for defense. After all, he served in Iraq, where it was Muslims, not Christians, that were hell-bent on trying to kill him. Based upon events in Europe, it is simply a precaution, for who really knows when the violence, which has already risen here, will escalate to the level it has on the other side of the Atlantic?

The Offended

Now, that video apparently offended those Muslims in Islamberg (Hancock), New York, the home of The Muslims of America and The Islamic Post. Or, perhaps their comprehension of English is couched in their perception of themselves. The video (slightly edited by the New York Daily News – used by permission from Mr. Ritzheimer) contains no threats, nor has Ritzheimer removed any heads or hands, stoned any rape victims, or otherwise suggested any such violence against Muslims. He has done nothing more than advise them that he is more than ready to defend himself, against any acts of violence directed at him, or any event he sponsors — including his road trip.

So, to make that clear, here is a transcript of the voice in the video:

What’s up America? Jon Ritzheimer here with my brother Tyler, one of my old high school brothers here, and we’re driving all the way across America, all the way to New York to go see those assholes at the Islamic Post that decided to publish a paper calling me, me, a fucking terrorist in this country.

Fuck you Muslims! Fuck all of you! We’re going to stop at virtually every mosque on the way, take a picture flipping them off, telling them to get fucked!

And Obama, you stupid sorry sack of shit, you wanna come out and say that we’re all afraid of these poor little three-year-old orphans and these widows?

Fuck you! That is not what’s coming over here. And you know what? I’m not afraid! I fear for my family’s safety, but I’m not afraid, because these guys are fucking cowards, and they have shown, time and time again, they do not come and attack hard targets.

Well, guess what? [shows pistol] We’re fucking ready for them! [racks pistol slide] Bring it on you Muslim fucks!

You wanna come fuck around in our country, we’re ready for you. So, I’m not afraid. I’m urging all Americans across the U.S., everywhere in public, to start carrying a slung rifle with you, everywhere. Don’t be a victim in your own country. Fuck you, Obama.

If there is any threat in what he said, it was that there would be that he implied retaliation, should they mess with him. However, the Islamic Post, perhaps presuming that Americans practiced Taqiyya, or that implied threats had a different meaning behind them, contacted the FBI and/or the New York State Police, claiming that the video was an open threat, and that they feared that there would be violence.

The FBI and the New York State Police

From Ritzheimer:

“After we crossed into Pennsylvania, on November 20th, I received a three-way phone call from Special Agent Bridget Walters of the FBI, and a Sergeant with New York State Troopers. The FBI agent was nice and respectful during our phone call and the Trooper started out respectfully. They then proceeded to tell me that they saw the video of me with a gun and if I cross into New York that I would be arrested. I asked them if I could surrender the gun at the state line to them and just get an escort through the state so I could make my destination and they said NO. I asked if I could leave it in Pennsylvania with a friend and they said that they would still search me, give me a hard time, and basically violate my rights because of the video of me with a gun.”

Ritzheimer had initially agreed to stay in touch with the FBI agent, However, as a result of the breakdown in negotiations (you know, when the government says we can negotiate — as soon as you agree to our terms), Ritzheimer had to develop a strategy that would allow him to get to his destination in New Hampshire. Since New York extends from the Canadian Border to the Atlantic Ocean, there is no means of land travel that will allow you to take a handgun from the Middle States to New England (General Gage knew that when he tried to take control of the Hudson River during the Revolutionary War).

In his words:

“Originally I told Special Agent Walters that I would maintain contact with her and keep her posted on my whereabouts but then after reading state laws and seeing that no matter what they were going to violate my rights I made the decision that we needed to change our course and shut our phones off and pull out enough money from the nearest ATM so we wouldn’t need to use our debit cards. We had to break communication with law enforcement because they were clearly not going to work with me.”

The Break

So, as reported in a New York newspaper when communications were cut off, it was Ritzheimer’s fault, and was sufficient for the FBI and/or New York State Police to perceive a threat against them. As stated in the article, “he got angry and cut off communication with them. At that point, the alert, citing a “potential threat to law enforcement,” was issued, sources said.”

Keep that in mind — if you won’t talk to the FBI and/or New York State Police, and they know that you have a firearm, they will determine that you are a threat to them (or their presumed haughty almightiness). So, now this has escalated to a point where some people in law enforcement might “shoot to kill”, since the subject is now “armed and dangerous”.

However, as Ritzheimer explained, he used a little common sense, whereas the New York State Police and the FBI are lost in even beginning to understand why communications were cut off, because they assumed that “going dark” was indicative of preemptive hostile action.

So, Ritzheimer and Zarr did get to their destination, with only a slight delay. Though, apparently, the search for Ritzheimer and Zarr continued, throughout New York, for the next few days.

As Ritzheimer clarified for this article:

If I was going to attack them as they claimed I was headed to do, I would have brought way more fire power, and they never would have known that I was coming. I am a law abiding citizen and it’s unbelievable what I had to go through due to false reports from Islamic Post and Law Enforcement Officers who claim to be “just doing their job” when threatening to violate my rights if I cross into their state. Shame on New York State Troopers and shame on the FBI agent who rather than protecting a citizen and their rights fell into the trap set-up by the Muslims who play the victim.

American Taliban?

So, let’s look at the Islamic Post’s effort to demonize Ritzheimer and others. They accused them of being “American Taliban”. Well, that is rather ironic, as that “label” was first applied to John Phillip Walker Lindh, who converted to Islam at age 16. Then, on November 25, 2001 (at age 20), he was captured while fighting with the Taliban, against American forces, when his unit surrendered (no virgins for them) at Kunduz, Afghanistan. Interesting that they would then accuse Americans opposed to Islam and attaches the moniker that was first given to an American who opposed Americans.

So, if two Americans, knowingly travelling across the country and communicating with the FBI as they travel, can elude being taken while travelling from Pennsylvania to New Hampshire, is it conceivable that a real Muslim terrorist could easily evade the web that they are capable of setting up?

Apparently, you are more likely to be protected by the FBI and the New York State Police if you are a Muslim than if you are an American.

(to be continued)

Terrorism? or, An Act of War?

The Oklahoma City Bombing

Gary Hunt
Outpost of Freedom
May 11, 1995 (republished August 4, 2015)

[Note: This article was written over twenty years ago. It is republished with minor revisions. You can probably, with your knowledge of recent events, supplement what has been presented.]

Dresden, Germany, February 1945 — A series of allied bombing raids resulted in virtual firestorms, nearly destroying this city, which dated from the early 13th century, along with many of its centuries old architectural landmarks. Over 135,000 people, the vast majority being women and children, died during these raids.

Japan, August 1945 — Hiroshima, Japan, three-fifths of the city destroyed, along with 75,000 people, mostly women and children. Just a few days later, another atomic bomb was dropped on Nagasaki, destroying half the city and killing another 75,000 people, again, mostly women and children. These three events killed 285,000 people, yet they were acts of war, and were intended to end World War II.

During the “Vietnam War,” Haiphong, the major North Vietnamese city, was bombed over and over, and in 1972 the harbor was mined. Much of the city was destroyed and tens of thousands lost their lives. There was, however, no “declaration of war” to justify these acts, yet we perceive them to be Acts of War.

April 15, 1986, in a strategic operation, naval air forces attacked military targets in Tripoli, Libya. One of those targets was the home of Muammar Qaddafi. Hundreds were killed, yet no “declaration of war” had existed between the United States and Libya.

December 20, 1989, United States forces, under the operational name “Just Cause”, invaded Panama with the purported purpose of arresting Manuel Noriega on drug trafficking and money laundering charges. Hundreds died, and significant damage to the capital of Panama resulted. After trial, in December 1992, the federal judge from Miami ruled that Noriega was a “prisoner of war.”

On January 15, 1991, unified forces from 31 nations began a new form of warfare (without declaration) against Iraq. For five weeks smart missiles and smart bombs were directed against, the capital, Baghdad. Smart bombs were able to enter ventilation stacks of bomb shelters, killing women and children without destroying the shelter. Cruise missiles traveled hundreds of miles to explode close to their targets, killing tens of thousands of civilians in this new game of attrition. Never, however, a treaty of peace, for there was never a “declaration of war.”

These acts are not considered to be acts of “terrorism”, for they occurred during the course of a war. It is quite clear that during a war, acts, which might otherwise be considered below the dignity of man, can occur and be accepted as a consequence of war. If there is a war and thousands die, those deaths are written off as a consequence of war. Even without the accepted, and constitutionally required, declaration of war, war can be waged against innocent civilians with no effort made for discrimination of targets.

Since the “Declaration of War” has, apparently, become an unnecessary act; perhaps we can find a way of determining when a war exists by other means. In the Academic American Encyclopedia, under “court”, we find that, “Courts fulfill three important functions: (1) they resolve disputes that, while often routine, are crucial to those involved; (2) they provide protection from illegal actions by government and individuals; and (3) occasionally, they resolve disputes of great political and social significance.” Clearly, then under a normal circumstance, “protection from illegal acts by government” should leave the government open to be punished by the court. One can reasonably conclude that a state of war exists when government commits illegal acts against a people, with impunity.

No judicial process will hold the victors to task. Justice must be set aside during time of war, which is clearly affirmed in the Constitution (Article I, Section 9, clause 2, dealing with Habeas Corpus, and, Article V, Bill of Rights, dealing with exemption from Grand Jury process). So, perhaps, a state of war (since declarations have become a thing of the past) can best be determined by the fact that no trials are held to determine justice, or injustice, for the deaths that are a consequence of hostile action. How else, in this modern age, can the determination be made that a war even existed?

This being the case, perhaps we should look around and see if there are other wars going on, perhaps at this very moment. Maybe we should start back in August 1992. Hostilities broke out and, in the first incident, two “men” were killed. Hostilities ceased for a few days, but, then, another act of senseless murder occurred when Vicki Weaver stood in her doorway and was killed by a single sniper’s bullet. Well, this was clearly not a war since a trial was held. Unfortunately, even though three people were killed, no one was found guilty. This, then, must be a war, because war crimes trials were held, but the heinous offender could not be identified.

Just a few months later, another war began. This war lasted 51 days and the subsequent war crimes trials were held almost a year later. We know that this was a war because nine people were found guilty of killing (or other related acts of complicity) four men who were dressed and equipped as soldiers.

We can determine which side each side was on in these last two incidents by looking at a couple of factors. First was the uniform. One side chose black military uniforms, complete with web gear, automatic rifles, tanks, helicopters, grenades and other modern implements of war. The other side wore normal clothes — jeans, dresses, sneakers, etc., and used simple, legal weapons. They also sought refuge in their home and place of worship. The final indicator is that they fired only in self-defense. And, it must be war, since even the commanding general at the Justice Department in Washington, D.C. never described the acts of the enemy as terrorism.

On April 22, 1993, I left Waco, after 47 days, to return to Florida. I remember that I was somewhat dumbfounded by the events of April 19, and until I returned to Waco, in mid May, had not been able to sort out certain thoughts. When I returned to Waco, and finally stood on the concrete that was once the floor of the Mt. Carmel church, I looked around and saw partially burned remnants of utensils, clothes, books, letters, and toys, indicative of the lives once lived, and since lost, here. I recalled similar situations in Vietnam, and realized that a state of war existed here, in the United States of America. I realized that I was at war with the United States Government, but, that the war that I was in was still a “cold war”. Not so for those who died in those ashes, but for many, a state of war had begun.

After the Oklahoma City Bombing, we heard the battle cry come up from the side wearing black uniforms, “Terrorism,” they yell, over and over again. “Terrorism, it’s unfair, and they killed women and children. Terrorism, there is no other word for it.”

Many leaders who were on the side of the patriots also take up the battle cry. Many, who just a few years before, cried out that the surprise attacks by the Black uniformed soldiers were acts of war, now cry terrorism along with their enemies of the recent past. “Condemn them,” they yell. “Hang them after a quick and speedy trial. They are not warriors; they are cowards. Hang them, be done with them”. The cry came out from all those leaders who, so recently professed, to be on the side of the patriots.

Meanwhile, many who, just a few years before, had taken the battle cry of “Do whatever is necessary to end this mess,” are now questioning the fairness of the actions of the black uniforms, and beginning to understand why the poorly equipped soldiers of the other side have resorted to an act that cost 167 lives.

Perhaps it might be best to dispel the association of “baby killer” with the act that occurred in Oklahoma City. Since the sixties, the construction of federal buildings has been an “anti-terrorist” design. Since the bombing of Flight 103 (December 1988), we have been advised that federal buildings are potential targets of such bombings. As we learned from Waco, keeping your children in a location that has danger associated with it leaves the responsibility on the parent, not the aggressor. In fact, I never knew that there were day care centers in federal buildings. I supposed, prior to April 19, that the government had enough concern for children to move day care centers to a locations away from what it knew to be potential targets.

The determination of what constitutes an act of terrorism has to be defined by each of us, individually. It cannot be left to a government which controls the weapons of war, the streets, the language, and the press, to make that determination for us. If we allow this to happen, the stigma that will be placed on any act, whether it be the self-defensive actions against four BATF agents killed while assaulting a church in Texas, or a U. S. Marshall who has just killed a dog and a fourteen year old boy (Sammy Weaver), or bombing a federal building where people who chose to be employees of a government run amuck. We must resist succumbing to the need for approval by such controlling entities.

This leaves us, then, with the question:

Was this an Act of Terrorism? or, an Act of War?

Jon Ritzheimer
When did Freedom of Speech Become Hate Speech?

Gary Hunt
Outpost of Freedom
June 3, 2015

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Waco – A Lesson in History

Part II
Rules of Engagement

Gary Hunt
Outpost of Freedom
March 4, 2015

Within the few years following the events of February 28 through April 19, 1993, some investigations were completed, hearings held, and reports filed. New information came out after the Oklahoma City Bombing, since the tie between Waco and McVeigh’s actions were irrefutable.

During this same period, two individuals continued their pursuit of truth over the events in Waco, doggedly finding witnesses, filing FOIA requests, and looking into every nook and cranny, in an effort to expose more of the misdeeds of government, both during those fateful 51 days and the government’s continued efforts to cover up the truth.

As more information came out disputing the official version, the government and Congress moved into a defensive posture, setting up the Danforth Commission to “set to rest the idea that the government had done anything wrong at Waco”.

The initial report from that commission was published in July 2000, and in their findings, they did establish, at least in the minds of the government, that the government did no wrong — regardless of evidence to the contrary.

“Waco – The Rules of Engagement” (Academy Award nomination for best documentary – 2:15:51) relives the events, as they occurred, delves into, and challenges, with supporting evidence, many of the lies told by government officials. This is not what mainstream media reported. Rather, it is a presentation of events, unclouded by the FBI Press Conferences. It includes portions of hostage negotiation discussions (kept from the public during the standoff) that dispute the public asservations then being made and published. Finally, it begins comparing information and evidence that was brought to light through the persistence of Mike McNulty and David Hardy, which further dispute certain claims made by the government officials.

By the time you have finished watching this video, you will have a new understanding of those events of twenty-two years ago, and we will see that the tactics applied against the Church in Waco, Texas, have continued and expanded, so that at present, we can see the manifestation of a criminal government and the establishment of impunity for those actions.

Links to the other parts:

Waco A Lesson in History – Part I – Looking Back at Waco

Waco A Lesson in History – Part III – A New Revelation

Waco A Lesson in History – Part IV – The FLIR Project

Waco – A Lesson in History

Part III
A New Revelation

Gary Hunt
Outpost of Freedom
March 4, 2015

The Danforth Commission concluded, contrary to the evidence, that the government had done no wrong. While that Commission was rationalizing the actions of the government, Mike McNulty and David Hardy continued their investigation, via both interviews and FOIA requests for documentation. Even before the initial report from the Danforth Commission, “Waco – A New Revelation” (Documentary film – 1:49:50) became available.

Speculation, however absent any proof of involvement by the military, of snipers shooting those who tried to leave during the fire, and of possible ties to the White House (Bill Clinton), had persisted early on. For example, one of the Davidians, a British citizen, who, after he left Mt. Carmel and was taken into custody along with the rest of those who came out of the fire, was released at the request of the British government and returned to England. He revealed to me in a phone conversation that when women and children tried to leave through the kitchen door, into the back courtyard, they were being shot. He told me this in confidence and assured me that he would never admit to what he had told me, as he did not want to take a chance of being returned to the United States to stand trial. Absent any corroboration, I could not publish what he had revealed to me.

You will hear some disclaimers from the government, such as that the Army was not involved (true, as the military involved was detached from the Army) and that the Delta Force was not involved (true, since the official name of the group is Command Application Group, assigned to the President’s command), and other obvious misrepresentations presented to evade an honest answer to the questions asked. However, you will see that some of the facts are available, and that the unfortunate, for government, truth is coming out. And, as these truths are revealed, you will see the government in a way that you have never seen them, before.

You will also see that snipers were, indeed, shooting into the courtyard, though the government insists that what you see is not what you see. And, that is a whole other story, but we will get there.

If you were upset after viewing Rules of Engagement, you will sickened as you see the government intent to justifying, rationalizing, and downright lying, about those events, even to the point of rewarding those who were participants in the activities.

Finally, and this question has long been asked, was Lon Horiuchi, the sniper who murdered Vicki Weaver at Ruby Ridge, Idaho, just months before the assault on the Waco Church, present during the events at the latter. You will see written proof that he was in charge of one of the three sniper teams deployed to assure that “no harm would come to the women and children”.

As you watch this video, you will see members of Congress assert “truths” that have no foundation in fact, absolutely contrary to logic and reason, born, we may surmise, from their desire to protect government agents from any accusation that the are less than honorable, honest, forthright, and truthful. You will be appalled at the political machinations of those we have allowed to enact laws and run government.

Links to the other parts:

Waco A Lesson in History – Part I – Looking Back at Waco

Waco A Lesson in History – Part II – Rules of Engagement

Waco A Lesson in History – Part IV – The FLIR Project

Waco – A Lesson in History

Part IV
The FLIR Project

Gary Hunt
Outpost of Freedom
March 4, 2015

The “Rules of Engagement” documentary brought forth the possibility that the infra-red imagery (FLIR – Forward Looking Infra-Red) taken by the FBI showed that snipers were shooting into Mt. Carmel Church, keeping those inside from exiting during the fire. The Danforth Commission ordered a “re-creation” of the event, at least with regard to gunfire and FLIR, as to whether the imagery could possibly pick up gunfire, and, if so, would it appear as represented in the documentary. The results of this government exercise were included in the Danforth report.

When the producers of the two documentaries reviewed the report, they questioned the accuracy of the “re-creation”, and found that many of the methods were, to say the least, fabrications, since different rifles and ammunition were used.

“Waco – The FLIR Project” (34:10) reviews the government testing and conducts their own, using correct weapons, ammunition, and as much as possible, other conditions existing on April 19, 1993.

The viewer will have to judge, however, the last ten minutes of this study leaves with the understanding that if the study was properly conducted, it provides convincing proof that the FBI imagery from April 19 does show that there was automatic gunfire directed towards at least two locations, during the fire, which resulted in the deaths of over eighty people, including women, children, and infants.

Links to the other parts:

Waco A Lesson in History – Part I – Looking Back at Waco

Waco A Lesson in History – Part II – Rules of Engagement

Waco A Lesson in History – Part III – A New Revelation

Escalation – What’s Next?

Gary Hunt
Outpost of Freedom
January 12, 2015

We need to get a perspective on the patriot community that has been overlooked, probably because most of the people within our community are, although sincere, focused only where they stand on the “progression of involvement” (See The Other (not so) Thin Line) within their own community. Quite simply, many have still maintained that the election process is able to effect the change that we seek, while ignoring the failure of that process over the past many decades. Next, we have those who have recognized the failure of that process, but don’t know where to go. Then there are those who realize that nothing will change without violence, though they are not motivated, for whatever reason, to pursue that objective. Finally, there are those who are ready to act, though they are constrained by their fear of other patriots as much as their fear of the government.

Let’s put another perspective on the relationship between various groups of people who are known to commit violent acts. First, we have the Muslims. They are, by Mainstream Media (MSM), divided into two categories, Extreme and Moderate. The Extremes perpetrate violent acts such as the well-known beheading of Westerners, directed attacks with rifles, as in Canada and Paris, France, and many other activities such as the Boston Bombing, that have cost the lives of innocent people without any justifiable targeting of those killed. The moderates, however, sit quietly by, acting as if nothing is going wrong, yet they won’t object to the actions of the extremes. (See Can Muslims fit into our society? Is There a Difference Between a “Moderate Muslim” and a “Radical Muslim”?)

Next, let’s look at law enforcement in our own country. Most tabulations of the number of unarmed people killed by law enforcement, this past year, approach or exceed 1,000. This doesn’t count those with serious, even lifetime, injuries, damage, or loss of a family pet that “threatened” the officer. Let’s call those cops that conduct these activities, even if only one, or many times, “extreme” cops. The remaining “moderate” cops, even though their job is to enforce the laws of the land, state, etc., do not arrest or charge their fellow officers, they do, however, offer support, if only by inaction, and will readily defend those officers who have, “for their own safety”, committed such acts. Not much different from those moderate Muslims, are they? (See To shoot a cop, or, not to shoot a cop)

Finally, we get to the Patriots who realize that things are getting worse with each administration of government. Within that group, we have both “moderate” patriots and “extreme” patriots. The extreme patriots are those who are ready and willing to act, and often those contemplated acts, though directed, might result in the loss of innocent lives. A example of this would by the April 19, 1995, bombing of the Murrah Building in Oklahoma City. (See below)

Where the moderate patriots are making a mistake, to use the words of Chief Mark Kessler, is that we all “have an obligation to turn in to the government anybody who is going to do something that will cost innocent lives”. That quote is from a recent conversation I had with Kessler. What happened resulted in the arrest of three men in Georgia is explained in Mark Kessler – The “Screw” Turns – Part 3. The FBI promulgated the suggestion that innocent lives would be lost when they interviewed “Blood Agent” This theme was carried on by Kessler and the MSM, that their acts would be random and would take innocent lives. However, recently the government has, in their official Indictment, made clear that “The three men were being monitored by the FBI in an online chat room where they discussed launching attacks at an Atlanta police station and other government agencies.” Initial MSM reports did not detail the limitations that the FBI placed upon the acts that the three had intended, making their plot to be far more sinister than it really was.

Mainstream Media often plays an important role in demonization. An example of this is the Hutaree Militia (2012-13), as explained in Thought Crimes, where the media, probably at the instigation of the government, laid out a story that was, well, fabricated. Otherwise, the Court would not have eventually dismissed the charges.

Our susceptibility to these divisive means of splitting our ranks is a result of “propaganda” and our willingness to judge those within our movement, turning against them if what they may, or may not, have planned is beyond our current (where we are along that Thin Line – linked above) conviction as to what is acceptable, and what is not.

So, Muslim moderates and Law Enforcement moderates both support their extreme elements. Patriots, however, turn against our extreme elements, and, we turn them over to the government — our enemy, in our efforts to restore proper constitutional limits upon the government.

We will have to visit the past to get a better understanding of what I mean. In 1995, Tim McVeigh bombed a government building. Outrage was the response of the patriots, since there were innocent women and children in the building. McVeigh explained why he targeted a government building when he wrote “Why I bombed the Murrah Federal Building“. Now, where could he possibly get the idea that it was a “retaliatory strike, and that federal agents had become soldiers… it was a preemptive or proactive strike… against their control center.”

In a Philadelphia Enquirer article, dated April 9, 1999, during NATO’s Yugoslavia (Kosovo and Serbia) War, declared, with full support of the Pentagon, that,

“In the air war, Pentagon officials said NATO’s warplanes would increasingly target government buildings, industries and state-run television relays in an attempt to shake the foundation of President Slobodan Milosevic’s regime [5th paragraph in the article].”

This practice has been carried through in all subsequent “wars” that we have been involved in, unless the government buildings were deemed friendly.

Let’s suppose that anybody that is a patriot can find the point on this list where they would feel comfortable. Go ahead, pick your number. Now, think back. Where were you a year ago? Two years ago? Presumably, you have progressed, as you realize the failure of your earlier position.

1. Voting for a political party
2. Voting for individuals (based upon their record)
3. Mass meetings to discuss problems (Tea Party, or other participation)
4. Street demonstrations (Overpass, etc.)
5. Trips to Washington for demonstrations (OAS, Veterans, truck drivers, tractors, etc.)
6. Civil disobedience (subjecting yourself to arrest by expressing yourself – Freedom of Speech)
7. Civil defiance (willing to retaliate with force, such as Bundy Ranch or the WWII veterans memorial)
8. Sabotage of government property (vehicles, etc.)
9. Breaking into government facilities (intelligence information, equipment, & supplies)
10. Sabotage of government property (destroying electronics, communication towers, etc.)
11. Targeting individuals with proven abuse of authority resulting in injury or destruction of property
12. Targeting individuals with proven abuse of authority resulting in death/serious injury of unarmed people
13. Targeting individuals who work for government
14. Sabotage of government property (destruction of facilities)
15. Destruction of Infrastructure Utilities (Primarily serving Government facilities)
16. Prison breaks (selectively releasing political prisoners)
17. Ambushes (of targeted government vehicles or convoys)
18. Destruction of a Government Building (night time)
19. Raids (police stations, fusion centers, etc.)
20. Destruction of a Government Building (day time)
21. Prison breaks (releasing all prisoners)
22. Destruction of Infrastructure Utilities – Primarily serving general population

Just for kicks, now suppose where you will be if Hillary becomes president, or the police kill another thousand unarmed people this year, or, well, use your imagination as to what events may change you position — move higher in the numbers of the list. That should bring to light what was explained in “The Other (not so) Thin Line“.

We should be able to understand that each of us has, through our own experience, found that we continue to move into a greater sense of necessity, if we are to restore constitutional government. The problem arises when we insist that others cannot go beyond where we are.

Unfortunately, if we continue to pursue this course, we chop off the experienced head, those who have, by their experiences, moved further along that line. Does it make any sense, at all, to have such a detrimental effect on our community, just because we want to constrain them to what we impose upon ourselves?

Think very hard before you do anything that sets us back rather than moves us ahead.

Camp Lone Star – Arbitrary & Capricious Justice?

Gary Hunt
Outpost of Freedom
November 24, 2014

“Arbitrary and Capricious” is a rather interesting phrase. Most people have never heard of it, so perhaps, it is time to understand what it is and what the legal significance is.

Let’s start with some definitions, from the respective sources:

Black’s Law Dictionary, 5th Edition:

Arbitrary. Means in an “arbitrary” manner, as fixed or done capriciously or at pleasure. Without adequate determining principle; not founded in the nature of things; nonrational; not done or acting according to reason or judgment; depending on the will alone; absolutely in power; capriciously; tyrannical; despotic; Without fair, solid, and substantial cause; that is, without cause based upon the law; Not governed by any fixed rules or standard. Ordinarily, “arbitrary” is synonymous with bad faith or failure to exercise honest judgment and an arbitrary act would be one performed without adequate determination of principle and one not founded in nature of things.

Arbitrary and capricious. Characterization of a decision or action taken by an administrative agency or inferior court meaning willful and unreasonable action without consideration or in disregard of facts or without determining principle.

Caprice (root of capricious). Whim, arbitrary, seemingly unfounded motivation. Disposition to change one’s mind impulsively.

Webster’s 1828 Dictionary:

ARBITRARY, a. Depending on will or discretion ; not governed by any fixed rules; as, an arbitrary decision; an arbitrary punishment.

-Arbitrary power is most easily established on the ruins of liberty abused to licentiousness.

Washington.

CAPRICIOUS, a. Freakish; whimsical; apt to change opinions suddenly, or to start from ones purpose; unsteady; changeable; fickle; fanciful; subject to change or irregularity; as a man of a capricious temper.

Many state and federal statutes make arbitrary and capricious actions “null and void”, since the concept of such application of law is far beyond any concept of “equal justice under the law”.

Now you probably have a picture of just what “arbitrary and capricious” means, so let’s take an objective view of many of the circumstances surrounding the incident, arrest, and accusations, against K. C. Massey. See if you can recognize where arbitrary and capricious come into play.

We’ll start with the shooting incident on August 29, 2014, when Border Patrol Agent Hernandez fired 5 shots, from 30 feet away, missing his target. The target was John Foerster. He was holding a firearm, which he placed on the ground, after the shots were fired. No testimony even suggests that he pointed the rifle at the agent, but, more on that, later. Now, agents are not to shoot at illegal aliens, unless fired upon. So, I suppose that this shooting is noteworthy in that he didn’t fire on an illegal alien.

After the shooting, Foerster, “Wolf” and Massey were asked to turn their weapons over to BPS, since BPS seemed to think that some “illegals” might sneak up to Massey’s Kawasaki mule, grab the weapons, and then start shooting at the BPS. Makes sense, since we have learned, so often, that “officer safety” is paramount to the safety of unarmed citizens.

So, the weapons that were not fired were turned over to BPS rather than contest the matter with the armed agents, one of whom had just fired at one of the citizens. And, there is little doubt that this incident should be classified as an “officer involved shooting”, since it was only an officer who shot anything. So, we have an officer involved shooting. First thing is to secure the officer’s firearm for the requisite “firearm audit”, which would include ballistics, ammunition count, etc. Instead, BPS Captain Cantu traded weapons with Hernandez, and then placed the shooting weapon in his own holster. Nobody read “Miranda Rights” to the citizens, but the firearms were taken then given to Cameron County Sheriff Investigator Sergio Padilla. Still no receipt for the property taken, no Miranda, and no indication that there would be the requisite “firearm audit”. So, when armed, uniformed officers take your firearms, and they don’t provide a receipt, is that armed robbery — the act of highwaymen? (See Massey’s account of incident)

But, still no indication in the filed reports that any scrutiny, except a verbal report, was made regarding the only person that fired a weapon, that day.

Now, we jump to the criminal complaints that lead to an Arrest Warrant.

The Criminal Complaint is supposed to be an affidavit. Let’s look at what an affidavit is, and what standard we would be held to if we were to file an affidavit:

Affidavit. A written or printed declaration or statement of facts, made voluntarily, and confirmed by the oath or affirmation of the party making it, taken before a person having authority to administer such oath or affirmation.

First, it is a statement of fact. So, is it a statement of fact if someone tells me that something happened, or, is it merely a fact that someone told me what happened? I can attest to the fact that someone told me what happened, but, I cannot attest to what happened, since I don’t know that I was told was something factual. If someone told me that something happened, it is hearsay, not fact, at least to the extent of my knowledge. It is to be confirmed by oath or affirmation, and must be acknowledged by a person having the authority to administer such oath or affirmation”.

Now, this might be insignificant (arbitrarily not applied), if it were not for the fact that the Constitution, in the Fourth Amendment, states:

• 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.

Because the Crown had used “Writs of Assistance“, there was cause for the Framers to incorporate such protection against an overreaching government. Should not the government be bound by the document (Constitution) that created it? Or, let me use the words of a friend when discussing overreaching government authority. He said, “There is no effective bar by an individual to any action taken by the Federal government. Federal judges will NOT help dismember the system that created them.” He was a former AUSA (Assistant United States Attorney).

So, the Criminal Complaint begins with “I, Special Agent Anthony M. Rotunno, affiant, do hereby depose and state the following”. He does not state that he has knowledge, or, that what he is presenting is factual. He does not state that he has personal knowledge of what he has said, nor does he “certify” that what he has said is true, though U. S. Magistrate Judge Morgan, does state that it was sworn to him. So, the only element required in an affidavit that meets the standard was made by the judge, not by the affiant.

So, let’s see what he says, that is supposed to be certified as true and correct (from the Criminal Complaint):

2. On August 29, 2014, United States Border Patrol Agents from the Fort Brown Border Patrol Station, while in performance of their official duties, encountered an armed individual, identified as John Frederick FOERSTER, in the brush. During this encounter, FOERSTER turned and pointed a firearm at a USBP Agent, who intern fired several shots at FOERSTER. FOERSTER is a member of “Rusty’s Rangers,” an armed citizen militia group patrolling the border of the United States and Mexico.

This is the only source on file that says that Foerster pointed a firearm at the agent. He lets his “device” override our language when he says “intern” instead of “in turn” or “in return”. Kind of makes you wonder how much effort he put into making this a truthful statement. He also, decides, in this “sworn statement”, that Rusty’s Rangers” is a “militia group”. Is that personal knowledge or an effort at demonization? That can be nothing more than an opinion, which should never be presented as fact, and there is nothing that Camp Lone Star or Rusty’s Rangers has ever presented that indicated that they were “militia”.

In the third item, he states that Massey and Varner “were armed as well”. He was not present, so, he can have no personal knowledge of that fact.

4. While conducting the post-shooting investigation, five firearms were taken into custody by Cameron County Sheriff Investigator Sergio Padilla. The firearms are described as…

The five firearms were all personal weapons and did not include the one that Hernandez had. Is that a presumption that a BPS agent cannot commit a crime worth investigating?

7. On October 16, 2014, your affiant spoke with Supervisory Border Patrol Agent Danny Cantu. SBPA Cantu was in the area of the shooting when the shots were fired and responded immediately to the scene. SBPA Cantu stated that he in-fact recovered the ZASTAVA, Model: PAP M92PV, 7.62 x 39mm pistol, SN: MP2PV005143 from FOERSTER and that he escorted MASSEY, FORESTER and Varner to the staging area for interviews; witnessing MASSEY carrying a holstered Springfield, Model: XDS, .45 caliber pistol, SN: XS664509 and the Centurion, Model: 39 Sporter, 7.62 x 39mm rifle, SN: 39NCO2585, which was slung around MASSEY’s neck.

Hearsay! This does not meet the standard that the Framers set out for government to abide by. This is an arbitrary and capricious acceptance of a piece of worthless paper as evidence with which to issue and arrest warrant for the arrest of Massey.

The Criminal Complaint is available, with all of the statements made by Rotunno. Why don’t you play “hidden picture” with it and find what he has “hidden” that is not personal knowledge and/or based upon hearsay.

Because of the arrest of Massey, the government was able to secure a “Search Warrant“. It differs slightly in form, though the absence of valid content is apparent. The Search Warrant affidavit is, at least, titled, “Affidavit for Search Warrant”, so the claim is made, though the document will still fall well short of what is required by the Constitution. First, he gives his credential as an expert because he went to many government school training classes (I hope these schools are better than the government public schools, or they are equally worthless).

Then, as he gets past his superior intellect, he says:

This affidavit is based on information received from law enforcement officers, law enforcement databases, as well as my own investigation. This affidavit seeking the issuance of a search warrant based on the following…

Then, he reiterates, sometimes reworded, most of the same content that was included in the Complain/Arrest Warrant. He fails to note that the camp, Camp Lone Star, is located on private property, with the consent of the owner, rather, he leaves it hanging:

E.  USBP Agents have had numerous encounters with members of “Rusty’s Rangers/Regulators”, as this group has set up a “camp” (referred to as Camp Lone Star) near the Rio Grande River in Brownsville, Cameron County, Texas. This “camp” appears to be their staging area for their patrols.

He also fails to point out that many of the “encounters” (rather suggestive) were favorable and cooperative, as they were the day of the shooting incident.

Then, in an effort to fortify his position, he says:

F.  During these encounters, on more than one occasion, USBP Agents have seen MASSEY carrying what appears to be a holstered firearm on his hip and a rifle slung around his neck. These encounters are videotaped by MASSEY, usually via a body mounted or vehicle mounted camera; and then posted to MASSEY’s Facebook page. Affiant has viewed MASSEY’s Facebook; viewing the posted videos that depict MASSEY on patrol with other individuals who armed with long guns. MASSEY’s Facebook page also depicts numerous still photos of MASSEY and others armed with firearms. Friday, October 17 of 2014, was the last time USBP Agents saw MASSEY carrying a firearm; more specifically what they referred to as “automatic firearms”.

Darn, he turned semi-automatic weapons into “automatic firearms”, and this guy works for BATF. Note that they arrested Massey with a firearm, so they need not revisit, and enhance, the Camp Lone Star aspect, but, then, they had to get the demonization in to make sure that the Grand Jury would have an earful as to how bad a dude K. C. Massey really is. That makes it easier to get the Grand Jury Indictment.

Now, we get to the arrest, where, miraculously, nobody was injured:

I.  As part of this investigation, it was discovered that MASSEY had been staying at the “Value Place”, an extended stay type hotel located at 995 Media Luna Road, Brownsville, TX, and to driving a white in color 2006 Ford F-150, TX LP [blocked out] (registered to Kevin MASSEY, at [blocked out] with various decals and stickers on the back of the truck. This same vehicle is used by MASSEY to drive to and from the Value Place to “Camp Lone Star” as witnessed by FBI Special Agent Joe Schneider.

First point of interest is that they “discovered” that Massey had been staying at the “Value Place”. This might have been the role that Foerster played, but then we have FBI Special Agent Joe Schneider witnessing Massey driving from Value Place to Camp Lone Star.

Now, I like this next part:

J.  At approximately 9:30 AM, ATF SA’s, with the assistance of FBI, USBP and CCSO agents and officers, established surveillance at the Value Place and located MASSEY’s vehicle parked in the front. Surveillance on this vehicle was maintained until MASSEY was arrested leaving the Value Place at approximately 1:00 PM, as he was walking toward his vehicle while talking to someone using a white in color iPhone 5. The iPhone 5 is a smartphone which is capable of taking still photos and uploading photos to Facebook via the internet, which affiant has performed on numerous occasions with his own iPhone.

So, they were there at 9:30 AM, waiting to arrest Massey. They arrested Massey at about 1:00 PM. According to Massey, there were between 20 and 30 armed agents that made the arrest, with guns drawn. They had waited three and a half hours to make the arrest. So, if we use even twenty agents, we can calculate that it took about 70 man-hours (nearly two workweeks) of time to make a simple arrest — and BPS has a shortage of people to conduct their job. It is that shortage of BPS agents that led to the establishment of Camp Lone Star and Massey’s involvement on the border — to ease the burden on BPS.

It is also interesting to note that Rotunno has sufficient skill to take “still photos and uploading photos to Facebook via the internet, which affiant has performed on numerous occasions with his own iPhone.” I wonder if that was part of the government training circular, or if his children taught him how to do this.

Let’s get some more hearsay, just to understand the deficiency of what was intended by the Framers to be legal sufficiency:

K.  After MASSEY was detained, ATF SA A. Rivas informed MASSEY that he was being arrested based on an arrest warrant, and asked MASSEY if he had any firearms or anything else on him that the agents needed to know about. MASSEY immediately informed SA Rivas that he had a firearm “in his pocket”. SA Rivas then pulled a loaded Springfield Armory USA pistol, model XD5, caliber .45, SN XS613495 out of MASSEY’s right side, front pocket. The firearm and the white iPhone 5 were seized by ATF.

So, BATF SA Rivas retrieved Massey’s firearm, but we have Rotunno making the statement. It might be proper if he had said, “I observed SA Rivas ask Massey if he had a firearm, and then observed Rivas securing that firearm.” However, we are, once again, simply left guessing as to what might really have happened. In addition, we must wonder how dangerous an iPhone 5 is in the hands of a notorious criminal, or even in Massey’s hands.

Then we get to where there should be a statement that meets the standard for an affidavit, though look as we might, we simply find:

Based on the above facts, it is respectfully requested that a search warrant be issued for the items listed in Attachment A, specifically looking for items listed in Attachment B.

So, he says that what he has said is fact, though he has no proof that it is fact. Very little in the entire affidavit suggests that it was personal knowledge, and some of it, obviously, is not. So, where is the chain of sworn statements as to facts that you or I would be held to?

And, while we are discussing “chains”, what about the “chain of evidence”? From the O. J. Simpson trial through other high profile trials, we find the necessity of the court to require a chain of evidence. If that chain becomes broken, then the evidence, itself, is brought into question. Where are the receipts for transfer of the evidence to BPS, CCSO, and then to BATF? Was it a “magical” transition of possession? I cannot find “magical” in the Constitution, or even the U. S. Code. Or, is it simply, if you have enough money, Justice might just work for you? Perhaps we can begin to understand why the statutes of Justice have a balance beam to measure the gold, and a blindfold, as if justice is based simply upon the values that the court, and players on the government side, place on it.

If we are to assume that such sloppy work can be considered within the intent of the Framers, then we are also bound to assume the guilt of a party by as equally sloppy practices within the halls of justice.

Perhaps it is time for us to read the words, and rely upon ourselves to interpret them, as we believe the Framers intended. So far, we have left it up to the government to decide what the words mean, and we have been sorely abused for our failure to insure that government abides by the document that created it (the government), and brought it into existence.

“Are the people to serve the Government, or, is the government 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 – Search Warrant or Fishing license?

Camp Lone Star – Cruel and Unusual Punishments – Before Conviction

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