Outpost of Freedom blog

The Harassment of the Hammonds
Act III – Finale – “a long train of abuses and usurpations…”

Gary Hunt
Outpost of Freedom
August 3, 2016

Upon examination of the government’s trail of paperwork spanning a period of nearly two decades , between the Hammonds and the US Fish and Wildlife Service (FWS) at the Malheur National Wildlife Refuge (MNWR), it is apparent that they were being persecuted by the federal government for simply insisting upon exercising their historical right to trail cattle. This began long before the controlled burn in 2002 and the backfire in 2006 that resulted in them being sentenced to five years in federal prison.

What is plainly “a long train of abuses” has been well documented by the documents obtained by those who made copies of public records (not classified) that were found at the headquarters of the Malheur National Wildlife Refuge. Though there were many more incidents, this review of the paper trail of correspondence between the Hammonds and the FWS , as well as other intergovernmental records, clearly demonstrates that abuse. This provides us a bit of transparency to the federal government’s treatment of those who had every right to their historical usage of those public lands.

On October 26, Dwight Hammond notified Fish and Wildlife Services (FWS) at MNWR, some 30 miles south of Burns, Oregon, and explained that historically, he did not have to notify anyone to “trail” his cattle (for you city folk, this means herding cattle along a route from one point to another). FWS attempted to impose a requirement that they be notified as to the number of cattle, the route, the time, and the date of such movements. The new policy also disallowed grazing off of the trail while the cattle were being moved, held Dwight to a schedule by FWS, and demanded that he obtain a permit from them for each move.

During March of 1987, Dwight traveled to Portland, taking maps and explaining to higher-level bureaucrats the problems with the implementation of this new “policy” that was contrary to his historical rights. Subsequently, Dwight wondered whether anyone at FWS even paid attention to anything he had to say. Revealingly, one bureaucrat admitted that the government acknowledged his right to trail cattle through the MNWR over the historic route, yet, he still insisted that Dwight trail his cattle as quickly as possible so as not to damage the rehabilitation of vegetation along Bridge Creek.

Accusations that Dwight had been “verbally abusive” against MNWR personnel cropped up the following month, particularly revolving around the issue of the government fencing, resulting in limiting access to certain areas, including water. Over the course of the subsequent months, right into 1988, internal MNWR memos revealed that some of the bureaucrats realized they contributed to the “soured personal relationships,” which created a climate of “serious mutual distrust.” Flip-flopping on whether the Hammonds enjoyed a right or privilege to trail their cattle, constructing a boundary fence that impeded such trailing, which admittedly increased costs, were but just two elements that exacerbated an already tense relationship between the Hammond ranchers and the MNWR personnel. The long and short of it is that the MNWR bureaucrats unilaterally imposed their interpretation of the “regulations” upon the Hammonds with little warning, and then acted as if the Hammonds were being “uncooperative” for simply insisting that they abide by the previous agreement for conducting operations.

In 1994, the Hammonds received a letter from the MNWR manager stating that a “special use permit” will not be reissued to the Hammonds because their lack of “compliance” with Refuge “regulations” over the past several years, despite the fact that there had been a six year hiatus once MNWR personnel had realized they had overstepped their bounds. Dwight appeals the manager’s decision, arguing that there was a failure to provide full disclosure of the circumstances leading to the denial of not only the permit, but also all FOIA requests. Two months later in April, a higher-level bureaucrat denies Dwight’s appeal on the grounds that he made threats against MNWR personnel. A flurry of notices and appeals are sent out for the remainder of the year, going all the way up to the Department of the Interior; parallel to all of this, a federal Circuit Court awarded the Hammonds right to the use of the Bird Waterhole.

Unknown criminal charges against the Hammonds were proposed by the MNWR manager to be dropped by an Assistant United States Attorney for events that occurred on August 3, 1994 provided that the Hammonds not sue FWS and that they agree to notify MNWR personnel when they intended to trail their cattle, which they still, inexplicably, need a special use permit for. Obviously, the precedent of Revised Statute 2477 recognizes the historic right of the Hammonds to trail their cattle; this is further bolster by the Ash, Wetzel, and Miller Affidavit.

Whether it be the subsequent removal of culverts, or hauling gravel from a pit, this history of the Hammond’s relationship with the federal government is indicative of the notorious failure of a system that allows such broad discretion to bureaucrats. The MNWR and FWS administrative agencies tried to convert a right of the Hammonds to trail their cattle into a privilege, and when both the legal research and court decisions supported the Hammonds’ position, the bureaucrats scurried like frightened rats in their attempt to demonize the law-abiding ranchers.

The story of the Hammonds prior to the fires reveals the federal administrative agencies use of “lawfare”* to restrict and infringe historic rights involving public lands. Although some might insist that the Hammonds could have avoided their current fate by selling the ranch and “getting out of Dodge,” would this really be the American tradition that made this once great nation — to just pull up stakes at the slightest difficulty? It should come as no surprise, now, that Dwight and Steven Hammond’s status as political prisoners is indicative of what might easily befall many other Americans, should they fail to force the government back to its constitutional limitations.

* The use of laws to conduct a form of warfare against the rights of individuals.

FINISH

* * * * * * * * * * * * *

REFERENCE

• Hammond Legal Trailing Part I (Documents from the Eighties)
• Hammond Legal Trailing Part II (Documents from the Nineties)
• Ash, Wetzel, & Miller’s Affidavit

THE SERIES

1. The Harassment of the Hammonds – Act I (Decade of the Eighties), Scene 1: Introduction
2. The Harassment of the Hammonds – Act I (Decade of the Eighties), Scene 2: October 24, 1986 – March 20, 1987
3. The Harassment of the Hammonds – Act I (Decade of the Eighties), Scene 3: April 2, 1987 – April 15, 1987
4. The Harassment of the Hammonds – Act I (Decade of the Eighties), Scene 4: May 6, 1987 – April 22, 1988
5. The Harassment of the Hammonds – Act I (Decade of the Eighties), Scene 5: May 2, 1988 – May 9, 1988
6. The Harassment of the Hammonds – Act II (Decade of the Nineties), Scene 1: Feb. 18, 1994 – June 9, 1994
7. The Harassment of the Hammonds – Act II (Decade of the Nineties), Scene 2: June 28, 1994 – January 22, 1997
8. The Harassment of the Hammonds – Act II (Decade of the Nineties), Scene 3: February 28, 1997 – May 21, 1997
9. The Harassment of the Hammonds – Act II (Decade of the Nineties), Scene 4: May 22, 1997
10. The Harassment of the Hammonds – Act II (Decade of the Nineties), Scene 5: June 30, 1997 – Aug. 4, 1997
11. The Harassment of the Hammonds – Act II (Decade of the Nineties), Scene 6: Feb. 26, 1998 – Jan. 12, 2004

Montana Malfeasance
Jesse Newsom Sentenced and in Prison

Gary Hunt

Outpost of Freedom
July 19, 2016

I had not heard from Jesse Newsom since our phone conversation, shortly before his arrest, back on July 10, 2015. However, to keep informed, I am on the FBI mail list, and received an FBI Press Email on July 25, 2015, with the following notice:

JESSE WADE NEWSOM, a 28-year-old resident of Cascade, appeared on charges of felon in possession of a firearm. If convicted of the charge contained in the indictment, NEWSOM faces 10 years in prison, $250,000 in fines and three years’ supervised release. The case was investigated by the Federal Bureau of Investigation.

Since that time, none of the contacts I had that knew or were in touch with Jesse had any idea what had happened to him.

I had been checking PACER to see if I could follow the story, when I found the following minute entry:

07/31/2015 – Terminate Deadlines and Hearings as to Jesse Wade Newsom: Discovery ddl 7/30/15. (SLR, ) (Entered: 07/31/2015)

Then, all was silent until I receive a letter from an inmate in FCI Littleton saying that Jesse had read the article that I had written about him, and that he liked it. This lead to establishing communications with Jesse, both via email (CORRLINKS) and letter. Continue reading ‘Montana Malfeasance – Jesse Newsom Sentenced and in Prison’ »

Escalation & Fear : Fear & Escalation

Gary Hunt
Outpost of Freedom
May 19, 2016   [Originally posted April 27, 1995]

[Note: This is a repost of an article that was published (fax network) shortly after the Oklahoma City Bombing.]

An unknown “bomber” exploded a bomb at the Murrah federal building in Oklahoma City, Oklahoma. More than likely, if the act was performed by someone with a profound belief in our Constitution, the event was an escalation as a result of what occurred in Waco, Texas, just two years ago.

If we look at what might have caused this escalation, it is easy to understand that an absolute denial of justice was the cause. It was not the actions of the FBI and the BATF that resulted in this bomb being exploded, it was that evidence was presented to a Grand Jury, and indictments sought by the U.S. Attorney for the Western District of Texas. The objective was to bring to task those guilty of crimes in Waco. Of course, a determination was made prior to the Grand Jury as to whom the indictments would be sought against. The failure of justice was that the Grand Jury was never offered the opportunity to evaluate the actions of government and determine if indictments should be brought against the agents involved in the murder of the church members at Mt. Carmel Center. A predetermination was made that took from the citizens of the country the primary method of control of government — the subjecting of the actions of government to the scrutiny of the people. Continue reading ‘Escalation & Fear : Fear & Escalation’ »

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 – #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 Harassment of the Hammonds
Act II – Decade of the Nineties
Scene 5 – June 30, 1997 – Aug. 4, 1997

Gary Hunt
Outpost of Freedom
April 25, 2016

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

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

During the course of the constantly revised Opinion (final version, below), on June 30, 1997, Barbara Scott-Brier, Solicitor, Pacific Northwest Region, Department of the Interior, who had been working on the Draft (see Feb 28 & May 22) sends a letter to Elaine Zielinski, State Director, Bureau of Land Management {215-216}, requesting information relative said Draft. The request is for: Continue reading ‘The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 5 – June 30, 1997 – Aug. 4, 1997’ »

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

Gary Hunt
Outpost of Freedom
April 21, 2016

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

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

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

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

Gary Hunt
Outpost of Freedom
April 14, 2016

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

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

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

Memorandum

To: Refuge Manager, Malheur NWR

Through: Refuge Supervisor, OR/WA/ID

From: Chief, Division of Realty

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