Outpost of Freedom blog

Burns Chronicles N^o 30
Officer?   What Officer?

Gary Hunt
Outpost of Freedom
September 26, 2016

In the Indictments, both in Oregon and Nevada, there is one Count that raises some serious questions.  The exact wording, to the extent of understanding the charges being made, is as follows:

For Oregon:

COUNT 1

(Conspiracy to Impede Officers of the United States)

(18 u.s.c. § 372)

On or about November 5, 2015, and continuing through February 12, 2016, in the District of Oregon, defendants…

It then goes on to list the Defendants and makes some rather general accusations, WITHOUT naming “Officers” or, how they were impeded.

Next, we look to the Nevada Indictment:

COUNT TWO

Conspiracy to Impede or Injure a Federal Officer

(Title 18, United States Code, Section 372)

Then, they go into a narrative, missing, of course, any named “Officers”, or any specific acts that constitute impeding.

The statute cited reads:

18 U.S.C. § 372 : US Code – Section 372: Conspiracy to impede or injure officer

If two or more persons in any State, Territory, Possession, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof, or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined under this title or imprisoned not more than six years, or both.

Now, our concern, as much as with the Indictments lacking specificity, is the Statute, itself.  So, let’s first trace the history of the Statute, and then we will look into just who an “Officer” might be.

. Continue reading ‘Burns Chronicles No 30 – Officer? What Officer?’ »

Burns Chronicles N^o 29
Public Lands – Part 2
The Federal Government Has No Jurisdiction

Gary Hunt
Outpost of Freedom
September 21, 2016

In a previous article, “It’s a Matter of Jurisdiction“, we looked at the constitutional aspect of jurisdiction.  Many will simply ignore that aspect, since they believe that the government is not bound by the Constitution, anymore.  So, we must wonder whether those who enacted laws, more recently, regarding jurisdiction, especially on lands that were obtained for certain purposes, were as doubtful of the intent of the Constitution.

The original buildings on the Refuge were built during the Great Depression under one of the various work programs intended to provide employment.  The land that they were built on was acquired by the government on February 18, 1935.  The remainder of the government-owned land in Section 35, as the Malheur National Wildlife Refuge was expanded, was acquired on November 22, 1948.

Shortly after the first parcel was acquired, on April 27, 1935, Congress enacted “AN ACT To provide for the protection of land resources against soil erosion, and for other purposes”, at 49 STAT 163.  Those “other purposes did include uses anticipated “to preserve public lands and relieve unemployment“.  That Act applied:

(a) On lands owned or controlled by the United States or any of its agencies, with the cooperation of the agency having jurisdiction thereof; and
(b) On any other lands, upon obtaining proper consent or the necessary rights or interests in such lands.

So, it was recognized that the federal government need not have jurisdiction, but more about why, later.

The benefits of the Act would be extended where local government would extend “reasonable safeguards for the enforcement of State and local laws imposing suitable permanent restrictions on the use of such lands…”

So, we see no effort to presume prior jurisdiction, to make all needful rules and regulations, as per Article IX, § 3, cl. 2, or to presume a necessity to require the State to cede the lands to the federal government, as per Article I, § 8, cl. 17, since there were no “Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings”.

Then, on June 29, 1936, Congress went even further in abiding by the Constitution by clarifying their position on “exclusive Legislation in all Cases whatsoever” (I:8:17), with “AN ACT To waive any exclusive jurisdiction over premises of resettlement or rural-rehabilitation projects…; and for other purposes”, at 49 STAT 2035.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the acquisition by the United States of any real property heretofore or hereafter acquired for any resettlement project or any rural-rehabilitation project for resettlement purposes heretofore or hereafter constructed with funds allotted or transferred to the Resettlement Administration pursuant to the Emergency Relief Appropriation Act of 1935, or any other law, shall not be held to deprive any State or political subdivision thereof of its civil and criminal jurisdiction in and over such property, or to impair the civil rights under the local law of the tenants or inhabitants on such property ; and insofar as any such jurisdiction has been taken away from any such State or subdivision, or any such rights have been impaired, jurisdiction over any such property is hereby ceded back to such State or subdivision.

So, not only did they relinquish all “civil or criminal jurisdiction“, but they ceded back any jurisdiction that had been taken away from any State or subdivision.  Now the record had been set straight, in accordance with the Constitution.

. Continue reading ‘Burns Chronicles No 29 – Public Lands – Part 2 – The Federal Government Has No Jurisdiction’ »

The Bundy Affair #15
Free Speech and Assembly v. Conspiracy

Gary Hunt
Outpost of Freedom
August 24, 2016

The Preamble to the Constitution begins with “We the People”.  The reason for such an introduction is perhaps a bit more intricate than most understand it to be.  There are two reasons for this introduction.  The first being that the Articles of Confederation and the government created by it, were created by the states.  It was a “perpetual union“, and could not dissolve itself.  However, going to the ultimate source, the People, they had every right to reject that government for one created by themselves.  The right is clearly spelled out in the Declaration of Independence, to wit:

That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

The People’s authority then is embodied in the document that had, just a decade earlier, justified separation from British rule.  It was called into play, once again, since strife and turmoil were beginning to undermine the relationship between the states under the Articles of Confederation — a government created simply to unify the fight for Independence.

The second reason is based upon who was to approve the Constitution.  Most of the states had created new governments, via their respective constitutions.  However, the constitutions, in most states, were created and approved by the legislative body.  Each had an amendment provision, though that provision allowed the successive legislatures to change the constitution through legislative enactment.  This meant that the constitutions were an ineffective safeguard against usurpation.  By the time of the Philadelphia Convention, most states had resorted back to the people for both ratification and amendment to their constitutions.  This concept had permeated the legislative bodies, including that Convention — and the authority of the People, though through conventions, the sole source of authority.  The government could not remove the constraints placed upon it by the Constitution.

. Continue reading ‘The Bundy Affair #15 – Free Speech and Assembly v. Conspiracy’ »

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

Gary Hunt
Outpost of Freedom
August 11, 2016

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

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

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

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

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

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

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

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

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

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

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

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

Burns Chronicles N^o 21
The Public’s Right to Know

Gary Hunt
Outpost of Freedom
May 16, 2016

We all know that when there is an alleged violation of one’s rights, the freedom of the accused, while somewhat curtailed, is usually respected, and this is known as part of due process. Absent due process, judicial behavior often falls into arbitrary decision-making, biased juries, and the rail-roading of political undesirables, straight into prison. Lack of judicial transparency is usually a clear sign that whatever vestiges of a republican form of government may still be there is waning, and quickly; should the public’s right to know not be reinvigorated, then posterity will likely never know true freedom.

A Person accused of a crime, according to the Sixth Amendment, has a right “to be informed of the nature and cause of the accusation” against him, “to be confronted with the witnesses against him“, and, “to have compulsory process for obtaining Witnesses in his favor“.

The government, of course, has the right to search with a warrant, and the subpoena power to compel witnesses. Clearly, they have a right to know.

The accused has the power of the subpoena, to compel witnesses on his behalf. He also has a right to discovery, to see what the plaintiff has, in the form of proof, and to introduce evidence on his behalf.

Historically, trials were public. Often crime scenes were photographed by news reporters/cameramen, often with victims still in place. Reporters were given all but the most critical investigative results, and all of this was to assure the public that there really was a crime in their community. Witnesses told what they saw, to investigators (public and private), other people, and the press. Those charged and arrested were able to talk to anybody and often did press interviews from jail. If they were released from custody, they could speak as freely as any other person. Thus, the public was always aware of the accused’s explanation of events.

When the matter went to trial the courtroom was open, so long as the observers behaved, and the press had every opportunity to report on all aspects of the case, including evidence and testimony. For the most part, all of the facts were laid out to the public, by one means or another, even before the trial began.

When the trial was over, regardless of the outcome, the community was fully aware of what had occurred, what the government did to bring justice, and whether the person that had been accused was vindicated of the charges, or convicted.

So, let’s look at what a trial really is. The first element is comprised of the facts of the matter. This includes evidence, recordings, writings, photographs, and the testimony of witnesses. However, that is just the beginning. Continue reading ‘Burns Chronicles No 21 – The Public’s Right to Know’ »

The Bundy Affair – #13
“Gold Butte Impound”

Gary Hunt
Outpost of Freedom
May 10, 2016

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

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

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

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

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

The Bundy Affair – #12
Dave Bundy’s Two Citations

Gary Hunt
Outpost of Freedom
May 9, 2016

As mentioned in “Violence Begets Non-Violence”, Dave Bundy was arrested, taken to Las Vegas, spent the night, never saw a judge, and was cited for Failure to Disperse and Resisting Arrest. Then, he was released onto the streets of Las Vegas, over 80 miles from the Ranch, with no cash in his pocket. At the time that article was written, I was waiting on copies of the citations, to see what light they might shed on the incident. So, now we have the citations, and there are some interesting aspects to them.

First, in the “Place of Offense” box, both citations say “BLM lands on or near SR 170”. Now, if it was on SR 170, it is a state road, so we must wonder where the BLM presumes it has jurisdiction.  I haven’t contacted the Nevada Department of Transportation to determine the actual Right-of-Way (R/W) width of SR 170, however, in measuring the width between fence lines along the roadway, it appears that the R/W width is 66 feet (a common width for older roads). The pavement measures about 26 feet. So there is State Road R/W for about 20 feet off of the edge of the pavement. If Dave was “on” or “near” the State Road, he was probably on state land, not on federal land. So, we must wonder why the BLM can presume to have jurisdiction, first to tell anybody on the road to “Disperse”, and second, to presume the authority to arrest them.

Continue reading ‘The Bundy Affair – #12 – Dave Bundy’s Two Citations’ »

The Bundy Affair – #11

“Violence Begets Non-Violence”

Gary Hunt
Outpost of Freedom
May 3, 2016

It was on April 12, 2014, when mostly unarmed supporters gathered at the Toequap (Toquop) Wash, about 80 miles northeast of Las Vegas, between Exits 112 and 120 on Interstate Highway 15, stood down the federal government with regard to cattle been “impounded”, readied for transport, or killed.  However, since the government has brought the matter up, again, we may want to revisit some of the incidents and circumstances that led to the Unrustling of cattle by these supporters of the original American Way of Life.

It was April 6, 2014, at about 1:30 in the afternoon, when Dave Bundy had stopped to take pictures of the 20, or so, vehicles coming off a road from Gold Butte Mountain.  It was rather odd to see so many vehicles in that location, so Dave had decided to record the event.

Other Bundy relatives were present and reported seeing four snipers, one of them about 30 feet away from Arden Bundy.

The men in the vehicle convoy stopped, exited, donned tactical gear (pictured above) and told those present to “disperse immediately”.  The other Bundys began to disperse, or remained in the vehicles to watch what was transpiring, however, Dave continued taking pictures.  Understand that Dave, and the others, were on a public road, simply wondering about, and recording, what was going on.

1. As Dave continued, some armed men approached Dave, grabbing him and throwing him to the ground, then rubbed his face in the gravel as they handcuffed him.  He was then placed in one of the vehicles and they headed toward Henderson, Nevada.  One of the government players, Lisa Wilson (Load/Hold Team, one of the Rustler’s teams, (775) 229-2722, see Government Agents at the Bundy Ranch) began to question/ interrogate Dave, who refused to provide any meaningful answers, as he had done nothing more than take pictures from a public road.

Continue reading ‘The Bundy Affair – #11 – “Violence Begets Non-Violence”’ »

Burns Chronicles N^o 20
Who Owns Your Video? Who Owns Your Voice?

Gary Hunt
Outpost of Freedom
April 28, 2016

In light of the many complaints filed against the Arnold Law Firm, attorneys for Ammon Bundy, over their method of raising funds to pay for a legal defense against a government back by hundreds of attorneys and millions of dollars, perhaps there is another side to this story that needs to be looked at.

Shawna Cox had the wherewithal to begin recording the events, from the first stop to the murder of LaVoy Finicum.  In so doing, she recorded a moment of history that cannot be duplicated.

We all know that if you are in a position to have exclusive footage of an event of such magnitude, there is some value, to some news agencies, for exclusive use of such footage.  How often have you seen “Exclusive to XYZ News”, or something similar?  Well, it would not be “exclusive” if it were freely put out in the public domain, for the use of all. Continue reading ‘Burns Chronicles No 20 – Who Owns Your Video? Who Owns Your Voice?’ »

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?’ »