Outpost of Freedom blog

Burns Chronicles N^o 35
From the Law Giver: “the law as I give it to you!”

Gary Hunt
Outpost of Freedom
October 25, 2016

Having obtained a copy of the Jury Instructions, as given to the jury in the U. S. v. Ammon Bundy, et al, by Judge Anna Brown.  I had sought them, as I was curious as to whether the instructions, at least, conform to the laws.  In Camp Lone Star #31 – The Case of Kevin KC Massey – Challenging the Interpretation vs. the Wording of a Statute, an example of what is referred to as “Pattern Jury Instructions”, and how the wording of the instructions is contrary to the wording of the Statute.  So, let’s delve into Anna Brown’s mental state and cognitive abilities in advising the jury on the “letter of the law”.  (A PDF format of the Jury Instructions.  References will be to {page} number.)

What is the Law?

Regarding the obligation of the jury, with regard to their deliberations, on {4}, she says:

“Upon your return to the jury room, it is your duty to weigh and to evaluate all of the evidence calmly and dispassionately and, in that process, to decide what the facts are.  To the facts as you find them, you must apply the law as I give it to you, whether you agree with the law or not, which is just as you promised to do in the Oath that you took at the beginning of the case.”

John Peter Zenger was tried in a New York court, in 1735.  He had violated the written law on sedition by an article he had printed.  Though in violation of the working of the law, the jury acquitted him, and in so doing, vacated the law.

Later, when the Constitution was written, the jury’s action in that trial provided an understanding that the People were the final arbiters of the laws enacted by Congress, as the colonists did with regard to Crown written laws.

Now, I do not intend to discuss FIJA (Fully Informed Jury Association), though I would suggest that you would find them a source for what was intended to be the role of a jury in our justice system.  I am going to provide an historical context as to what “jury” meant in the age of the Founders, and what one State did to assure that the original intent would be adhered to.

Maryland ratified their Constitution on November 11, 1776.  From that Documents Declaration of Rights, we find:

III. That the inhabitants of Maryland are entitled to the common law of England, and the trial by Jury, according that law, and to the benefit of such of the English statutes, as existed at the time of their first emigration, and which, by experience, have been found applicable to their local and other circumstances

XVII. That every freeman, for any injury done him in his person or property, ought to have remedy, by the course of the law of the land, and ought to have justice and right freely without sale, fully without any denial, and speedily without delay, according to the law of the land.

XIX. That, in all criminal prosecutions, every man hath a right to be informed of the accusation against him; to have a copy of the indictment or charge in due time (if required) to prepare for his defence; to be allowed counsel; to be confronted with the witnesses against him; to have process for his witnesses; to examine the witnesses, for and against him, on oath; and to a speedy trial by an impartial jury, without whose unanimous consent he ought not to be found guilty.

Now, those are the only references to juries, and I will suggest that it was understood by everyone, in all of the colonies, that the jury could judge both facts and law.  To support this, we also find that the People are the ultimate authority under that Constitution.

I. That all government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole.

II. That the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof.

But, I wouldn’t want you to take my word for it, so let’s look at their 1867 Constitution.  This was ratified after the chaos and turmoil created by the Civil War.  Apparently, concerns over the acceptance of the past understanding of both the jury process and the authority of the People, we find these changes in the new Constitution, ratified on September 18, 1867.  Again, from the Declaration of Rights:

Article 1.  That all Government of right originates from the People, is founded in compact only, and instituted solely for the good of the whole; and they have, at all times, the inalienable right to alter, reform or abolish their Form of Government in such manner as they may deem expedient.

So, they have the right (not the Legislature) to alter or reform.  However, it does not say how that would be accomplished.

So, since the power resides with the People, they have provided, and reinstituted, a means by which those laws enacted by the legislature can be judged by the people.

Art. 23. In the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, except that the Court may pass upon the sufficiency of the evidence to sustain a conviction.

For a final affirmation of what was intended, and readily understood, back in 1852, we have an “Essay on Trial by Jury“, by Lysander Spooner.  We find Spooner’s explanation of the right to judge the laws in Chapter I, Section I (page 4 of the PDF.):

“FOR more than six hundred years that is, since Magna Carta, in 1215 there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such laws.”

He goes into a greater explanation, though I believe that this is sufficient for our purposes.  Unfortunately, today, the Rules being used by the Court allow the Judge to deny that which is in the Constitution, by the intent of the Founders, and clearly what was understood to be the right of the jury, without question.

However, as we see by the instructions, the Rules and the words of Judge Anna Brown obviously circumvent the intent of the Constitution.  And, isn’t that what this trial is about?

Later, on {4}, she says:

“Because you must base your verdicts only on the evidence and on the Court’s instructions, it remains essential that you not be exposed to any information about the case or to the issues it involves beyond what has been received here in open court in your presence and the presence of the parties.”

She reaffirms that her “instructions” must be obeyed, and, by the way, don’t think very hard.  I’ll do that for you”.

Government’s Use of Informants

. Continue reading ‘Burns Chronicles No 35 – From the Law Giver: “the law as I give it to you!”’ »

The Bundy Affair – #18
Sheriff Wehrly v. CCA and the feds?

Gary Hunt
Outpost of Freedom
October 17, 2016

I was asked to forward the following document to Nye County Sheriff Sharon Wehrly. The concern was that if it was sent out by an inmate in the Southern Nevada Detention Center (SNDC), a CCA (Customer base: U.S. Marshals Service – Facility Type: Medium, Owned since 2010) facility, that they would have no way of determining whether it was received by the Sheriff, or not.  It could simply end up in the trash bin, or on the desk of the US Marshal Service (USMS).

For the record, it went in the mail about the same time this article is being posted.

So, being the curious sort, I wanted to find more about the SNDC, a went searching for the contract between the CCA and the USMS, or whoever was the party on the government side. I was able to find the highly redacted Solicitation and Contract for the construction of the facility, with an initial price tag of $122,250,660.00. The solicitation also included construction, maintenance, control, prisoner requirements, and a number of change orders -which, obviously allowed them to exceed the $122 million price tag. However, any per bed cost was redacted, as were the other prisoner related expenses.

What is quite clear is that the federal government pays for 750 beds per day, whether occupied, or not. Any additional beds are paid for as long as they are used. Well, that means that until the 750 beds are full, the government is simply throwing away our money. However, being conscious of that, it may well be that they endeavor to keep as many of those beds filled, all of the time.

This, then, would mean that if they can declare someone a “flight risk” or a “danger to the community”, instead of allowing them out on bail, or a more realistic “pre-trial release”, they are not saving many, but they are making CCA earn our money.

However, in reviewing the information I had gleaned and from the letter (below) the is being sent to the Sheriff, other questions arose that I wish to lay before you, the People.

. Continue reading ‘The Bundy Affair #18 – Sheriff Wehrly v. CCA and the feds?’ »

Burns Chronicles N^o 32
Terri Linnell (Mama Bear)

Gary Hunt
Outpost of Freedom
October 12, 2016

{October 6, 2015}

On Friday, September 30, 2016, I received a phone call from someone I had spoken with before.  This call, however, brought to light the extent of the government’s efforts, often misguided, to do what the country used only to do to foreign nations and enemies.  Now, it has become a modern practice of government to pay people to infiltrate and inform.  It works even better when infiltration is not necessary, as that person is already considered a member of the community that is the target of the spying.  Now, that is a rather harsh word, but the tactics of government can be considered nothing less than any other form of spying, throughout the ages.

Nowadays, they have access to almost all electronic media, where the can grab phone conversations, emails, Facebook pages, and any other internet communications.  They have parabolic microphones that can listen to conversations from over 100 yards away.  They have bugs, electronic listening devices that require no wiring and have a battery life of days, weeks, or even months.

They still, however, want someone who can testify, when necessary, and gather information that is not random, as with other methods, but can be directed, by asking questions.  And, this is about one of those human resources, aka “CI” or confidential informant.

That phone call and some email correspondence eventually resulted in a  quasi-affidavit as to the role that this person played in the recent events of Burns, Oregon.

Now, don’t jump to conclusions.  It is rather ironic that the government subsidized a patriot’s trip to Burns to cook for the very people that were to be spied upon.  All expenses were paid, and at the conclusion; a cash windfall was also provided.

But, let’s hear the story from the other party in that phone call.  This is her story:

. Continue reading ‘Burns Chronicles No 32 – Terri Linnell (Mama Bear)’ »

Burns Chronicles N^o 28
Public Trial
Mistrial? What stinking Mistrial?

Judge Anna Brown

Gary Hunt
Outpost of Freedom
September 19, 2016

A rather interesting what, and from a lay standpoint unjust, occurrence, happened both in the paper chase (at this point, nearly 1300 docket entries) and in the courtroom. It had to do with the testimony of the government’s first witness, Harney County Sheriff David Ward. It was a Motion for Mistrial.

An interesting note on the Motion is that we obtained a copy shortly before it was “SEALED”. This led to the admonishment that is addressed below.

It all began on the 2nd day of the trial (Wednesday, September 14), during cross-examination by Ammon Bundy’s attorney, Marcus R. Mumford is questioning Sheriff Ward.  Here are excerpts from the Motion, taken from the rough-draft transcripts:

Q.  And you had conducted some investigation, into Bunkerville?

A.  I had.

Q.  And did that investigation come – that was in the process of those meetings that you had with the U.S. attorney, and the FBI?

A.  I had – I had gone on to the Internet and googled it, it’s amazing what you can find on there.

I found videos from the things that happened at Bunkerville. I – I looked at a lot of different – lot of different things that happened, throughout that incident. And the thought that have happening in my community scared the hell out of me, where I saw armed people lined up on both sides, advancing, you know, with – with one side advancing against another.

I had learned some of unstable people who had left that situation, and killed two police officers, while they were eating lunch in a restaurant.

I think that there are – there are a lot of circumstances I was attempting to avoid in my community, sir.

Then, Mumford asked that some of Ward’s testimony be stricken:

MUMFORD: Your Honor, I would move to strike that.

THE COURT: Move to strike what, sir?

MUMFORD: The nonresponsive part of the –

THE COURT: I don’t know what you identify as nonresponsive.

The answer seemed responsive to your question, so be specific.

MUMFORD: Okay. Well – I think it was a yes-or-no question, your Honor.

THE COURT: Is there another objection?

Mumford, failing to make any progress, is simply abandoned by Judge Brown. However, Ryan Bundy, acting pro se (representing himself), jumps in, once the Judge recognizes that he, too, has an objection.

DEFENDANT RYAN BUNDY: Yes, my objection, your Honor, hearsay, there, it alludes to events that were not necessarily related to – to the situation.

THE COURT: The court reporter is not hearing you, Mr. Bundy, because of your microphone not being on.

Would you –

DEFENDANT RYAN BUNDY: The mic is on.

THE COURT: Let’s try again. The court reporter wasn’t hearing, would you please restate your objection?

DEFENDANT RYAN BUNDY: Yes, hearsay.

He’s tying in persons that were not involved it (pause, conferring.)

Prejudicial, I change that to prejudicial.

About the folks supposedly killing people that were not associated with us.

THE COURT: Jurors, I’m going to ask you to disregard the witness’s references to events that occurred in Nevada that had to do with the police officers being killed, and whether they were or weren’t associated with Bunkerville.

The answer generally was responsive, in that it reflected the witness’s state of mind, but you’re not to consider that particular part of his answer in any part of your consideration of this evidence.

Now, the transcript is a “rough-draft transcript”, and we are told that there was an Order made by the Judge, referencing “Court’s Sealed Order 1141”. Then, she goes on to admonish Mumford for using quotes from the “rough-draft transcript” in his Motion.

. Continue reading ‘Burns Chronicles No 28 – Public Trial – Mistrial? – What stinking Mistrial?’ »

Burns Chronicles N^o 27
Public Lands – Part 1
It’s a Matter of Jurisdiction

Gary Hunt
Outpost of Freedom
September 13, 2016

Thomas Jefferson had proposed an ordinance to deal with the lands won along with independence from Britain in 1784, and not belonging to any State, any lands that might be relinquished when considered to have been granted by Royal Charter.  The Continental Congress ratified the Northwest Ordinance of 1787 on July 13, 1787.  The First Congress under the newly ratified Constitution, which met from March 4, 1789, to March 4, 1791, then reaffirmed that same ordinance.  This slightly revised version reaffirmed on July 13, 1789, and is known as the Northwest Ordinance of 1789.

The Fourth Article, unchanged in the two versions, reads, in part:

Article the Fourth.  The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America…  The legislatures of those districts or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers.  No tax shall be imposed on lands the property of the United States; and, in no case, shall nonresident proprietors be taxed higher than residents.

Note that “primary disposal” seems to be the objective of holding the land.  That disposal would serve two very significant purposes in the creation of a nation that would grow from those first thirteen states.  First, it would raise revenue for the payment of the debt incurred because of the War of Independence, and it continued to provide revenue for the fledgling nation.

Second, it would provide land for people to populate the barren regions, first, across the Allegheny Mountains, then on to the Mississippi River, next to the Rocky Mountains, and finally to the Pacific Ocean.  With each of these principal movements, as those people moved westward, the resources of the most resource rich country in the world would develop into the greatest nation in the world.

. Continue reading ‘Burns Chronicles No 27 – Public Lands – Part 1 – It’s a Matter of Jurisdiction’ »

Burns Chronicles N^o 25
Juror Shopping & Secrecy

Gary Hunt
Outpost of Freedom
August 22, 2016

The government may have given the Grand Jury sufficient information to properly find “probable cause”.  It is also possible that they may have simply convinced the Grand Jury to find “probable cause” based upon explaining to them that they had given them enough information for them to indict the 26 people charged in the final (third) Grand Jury Superseding Indictment.  We will be looking at the Indictment, Case Law, the Grand Jury selection process, and the information provided to the Grand Jury.

. Continue reading ‘Burns Chronicles No 25 – Juror Shopping & Secrecy’ »

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

Gary Hunt
Outpost of Freedom
June 7, 2016

Schuyler Barbeau was arrested in a setup, participated in by his best friend, Oliver Murphy, on December 6, 2015. Until just a few days ago, what happened to Schuyler was unknown, except that he ended up in jail. The only story that could be told, at that time, was from Allen Aenk, who was present in the car when the minions of government, in complete battle dress, descended on the two of them. What Allen Aenk was able to observe is described in The Arrest of Schuyler Barbeau.

Schuyler has now come forward with his description of the events of that day, including a transcription of the interrogation that was conducted prior to him being finally settled in the King County Jail.

The following account is transcribed from a handwritten report by Schuyler. The interrogation dialogue was copied from a copy provide to Schuyler by the government, as part of Discovery. That transcript was redacted with “XXXXX” in place of a name. However, the name is placed, in context, as the informant working with the FBI is known as a result of our previous investigation, and is used in place of the “XXXXX”.  Schuyler’s comments with regard to the interrogation dialogue are included (in parenthesis).

[Note: I have been informed, through friends of Schuyler Barbeau, that this was not a transcription, rather, a recollection of the interview.  I, foolishly, assumed that since he had used the “XXXXX” in places that it was transcribed (copied).  I have been advised that in keeping in compliance with the Court’s effort to make public only what they want to be public, Schuyler used the “XXXXX” to avoid violating the Court’s prohibition on divulging Discovery information.  6/24/16 gh]

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

Allen and I were pulling off Highway 18 where it intersects Interstate 90 to enter the non-operational weigh-station.  As we rolled through the long parking lot, I spotted my best friend, Oliver Murphy’s, Ford Explorer, sitting by the small weigh-station building.  The hood was up as Oliver had told me that the car was overheating.  Now, the purpose of my meeting him was to pick up cash for a sale he did for me.  As we approached, I said aloud, “Well, there is his SUV, but I don’t see him.”  We parked next to the Explorer and as we did, I took notice of the stickers all over the rear and window, confirming in my mind that this was in fact the right vehicle, because I recognized the stickers, even the pro-2nd Amendment one.

I stepped out of the car, grabbed the dog’s [Note: a dog that had just been picked up by TeamRescue for training – opf] leash and waited for it to climb out of the backseat into the front seat and then out of the car.  Just then, as she jumped out, I heard a whole bunch of shouting to my 11 o’clock position.  I looked up and over the top of the hood of the Explorer (which they closed as they came around) and saw the military (it actually turned out just to be the FBI) come pouring out of the building and around the Explorer with their pistols and M4s pointed at my face.  Now, there was no difference in dress and appearance between these guys (FBI) and some Delta Force operators from the Army.  About 15 to 20 agents total.  They had their multi-cam clothing, full kit, plate carrier, body armor, and helmets, along with other gear.  “Operators” are carrying, and using all their high-speed weapons.  This overwhelming display of “tactic-cool” is a true testament of the militarization of law enforcement. Continue reading ‘Barbeau Qued in Seattle – The Arrest of Schuyler Barbeau – Part II – In Schuyler’s Own Words’ »

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 19
Property?

Gary Hunt
Outpost of Freedom
April 6, 2016

Count 6 of the Superseding Indictment reads:

(Depredation of Government Property)

(18 U.S.C. §§ 1361 and 2)

On or about January 27, 2016, in the District of Oregon, defendants SEAN ANDERSON and JAKE RYAN, aided and abetted by each other, did willfully and by means of excavation and the use of heavy equipment on lands of the Malheur National Wildlife Refuge, property of the United States, injure and commit a depredation against such property, specifically, an archaeological site considered sacred to the Burns Paiute Tribe, resulting in damage in an amount exceeding $1000, in violation of Title 18, United States Code, Sections 1361 and 2.

I have provided Jake’s name, though the government still has his name blacked out on the Indictment.  The statutes cited are:

18 U.S.C. § 1361: Government property or contracts

Whoever willfully injures or commits any depredation against any property of the United States, or of any department or agency thereof, or any property which has been or is being manufactured or constructed for the United States, or any department or agency thereof, or attempts to commit any of the foregoing offenses, shall be punished as follows:

If the damage or attempted damage to such property exceeds the sum of $1,000, by a fine under this title or imprisonment for not more than ten years, or both; if the damage or attempted damage to such property does not exceed the sum of $1,000, by a fine under this title or by imprisonment for not more than one year, or both.

and Continue reading ‘Burns Chronicles No 19 – Property?’ »

Burns Chronicles N^o 18
1984

Gary Hunt
Outpost of Freedom
April 4, 2016

Count 5 of the Superseding Indictment reads:

(Theft of Government Property)

(18 U.S.C. § 641)

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

The Statute cited is:

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

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

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

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

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

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

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

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

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