Camp Lone Star
AUSA Hagen: “Wah, Wah, Wah!”

Gary Hunt
Outpost of Freedom
January 6, 2016

KC Massey was sentenced on Monday, January 4, 2016. The sentencing hearing was scheduled for 8:30 AM, in the morning session; however, the Prosecutor, AUSA William (Bill) F. Hagen, ably assisted by his sidekick, Jason Edmund Corley, had filed a “SEALED – GOVERNMENT’S OPPOSED MOTION FOR NON-GUIDELINE SENTENCE” on December 30, just five days before the scheduled sentencing. Judge Hanen reschedules the hearing until 3:00 PM, at which time Massey’s Sentencing Hearing resumes. The Sentencing guidelines statute, referred to in that Motion, especially paragraphs (a) and (a)(1), can be found at 18 USC §3553.

Hagen wanted to move up the sentence from the suggested 51-61 months, as per the guideline, to the next step, 61-71 months. Instead, Hanen gave Massey two minus points. Generally, if you choose to go to trial, instead of plea, you end up with two points against you. Hanen, understanding the merit of the arguments brought forward by Massey, was convinced that the merit of the arguments overrides the built in trial penalty.

Note: Article 6, Bill of Rights, provides for a “public trial”, so whether the document is sealed, or not, if it is to be public, then it is disingenuous of the government to “Seal” a document, since they are supposed to be working for us. As a consequence, and being one of those in the “public, I hereby unseal said document, so that you can see just what the government wants to hide from you, the rest of the public.

Before we get into the other subject matter of the Sealed Document, there is one “exhibit” that is simply referenced in the “Sealed Motion” (page 6), but is actually shown in the “Government’s Sentencing Exhibits” (page 13); it is a picture of DVD disc with a sticker marking it as “Exhibit 1-J”.

To know what was said, in this exchange between Massey, who had been sworn in, and Hagen, absent access to the audio DVD, we can get some direct partial quotes from the “Sealed Motion”, when he is speaking of Massey, to wit:

His appeals are not only to the public, but also to a higher power. In a phone call from the jail to his daughter, Defendant Massey stated that while he “[didn’t] hold hate in his heart” for the prosecutor and that he had “asked God to forgive [the prosecutor],” he did nevertheless expect “God to punish [the prosecutor]… to kill his kids” and “to kill his wife.

Now, that was written, but two other sources have described the spoken word, during the Sentencing Hearing. Massey’s wife, Khristi, recalls Hagen describing what Massey said as:

Hagen is a bitch. Fuck him. God will punish him. I hope God kills his wife and her kids.

And, Massey describes some of Hagen’s words as:

He didn’t hold that against me, but he wanted God to kill my family and he called me a maggot.

Now, According to Massey, this seemed to be a matter of great emotional distress to Hagen. Though we do not have Hagen’s voice, inflections, or body language, given the words, we have an idea. It appears that Hagen was concerned for his wife and kids. Apparently, he believed, possibly understanding the sinfulness of this prosecution, that God just might listen to Massey and act on his behalf.

I will take a moment to wave my own flag. In one of the allegations in the Sealed Motion, we find the following:

On April 19th, 2015, while Defendant Massey was charged in a four count indictment for being a felon in possession of a firearm, he provided a link on his Facebook account sponsoring an article related to the Oklahoma City terrorist attack.³ That article referred to the Oklahoma City bombing as the act of a “patriot who intended to light the fuse of violent resistance to the government’s overarching, and deadly, imposition upon the rights of the people.”⁴ This same article goes on to analogize the prosecution of Defendant Massey with the previously stated motives of the so called “patriot” who attacked the Murrah Federal Courthouse in Oklahoma City in an act of terrorism thereby murdering innocents, including children.⁵ One month later, on May 16th, 2015, Defendant made a lengthy statement on his Facebook account asking others if they were “willing to defend this countries(sic) constitutional republic with [their] life and property.”⁶ Defendant went on in that same statement to call for a “plan of action to restore our Constitutional Republic” including “committees of safety.”⁷ Most alarmingly, on May 3rd, 2015, Defendant called upon others through his Facebook account “to make a STAND and not back down.”⁸ Defendant elaborated in this post to social media stating: “I have suffered long enough under this illegal prosecution (over 6 months) and either the Judge will do the right thing or I will. I have been very patient and they have cost me my freedom of movement and cost me thousands of dollars UNLAWFULLY and against the Constitution, and I will not keep taking it laying (sic) down. I am not a criminal nor will I be treated as such without repercussion. This is my call for Action if the courts fail to adhere to law. When criminals get killed rioters tear down cities, when patriots get arrested we all sit back and do nothing. Its (sic) time to take a stand America.” (emphasis added).⁹ On that same date Defendant commented through Facebook on the above referenced post adding: “I am requesting ALL who can to come to my house incase (sic) the feds try and pull some bullshit. They have already been trying to set me up to revoke my bond. I will NOT allow them to retake my freedom. This is an urgent call and I am not taking this call lightly. I have several acres and home to secure to make sure no unwanted people come here. If people will stand for Bundys (sic) and the Sugar Pine Mine will they stand with a proven patriot. No matter I am on a heightened alert and I will NOT allow anymore harassment or abuses by the federal government toward me. If you are really serious about making a stand, Come make it with me on my PRIVATE property.¹⁰

[Footnotes]

³ See Attachment 3, Government’s Exhibit 1 C. This post was made on the twentieth anniversary of the Oklahoma City Terrorist Bombing.

⁴ See Attachment 4, Government’s Exhibit 1 D. “April 19, 2015” by Gary Hunt published to Outpost of Freedom. The writer of this article, Gary Hunt, has remained in close contact with Defendant throughout the pendency of the prosecution. Defendant has communicated with Gary Hunt on at least eighty (80) occasions from the jail since his detention. This article is still available online at http://www.outpost-of-freedom.com/blog…

⁵ See Attachment 4, Government’s Exhibit 1D.

⁶ See Attachment 2, Government’s Exhibit 1C.

⁷ See Attachment 2, Government’s Exhibit 1C.

⁸ See Attachment 9, Government’s Exhibit 1K.

⁹ See Attachment 9, Government’s Exhibit 1K.

¹⁰ See Attachment 9, Government’s Exhibit 1K.

Exhibit “1 D” is the entire article. What Hagen, who by this time probably really hates me, has tried to demonize Massey by his association with me, as this is just one of the instances where he tried to make Mosey own my words.

Rest assured, however, whenever I suggest that my efforts might hurt rather than help (what I offer to all of those I work with for such stories), his response was, emphatically, I don’t care, but I believe you have helped immensely. And so he laughs whenever he mentions Hagen repeatedly trying to effect such demonization.

Back to the sentencing, as this is what it is all about. Although it is necessary to understand the rather childish name-calling nature of Hagen’s efforts, we left Hanen’s decision and the reduction of the two trial related points.

So, Hagen, once again, after those points are removed, revisits, with additional arguments, and tries to elevate it back up, an “upward adjustment” to the 51-61 category, and additional discussion ensues, primarily between Hagen and Massey (who has, obviously, taken up his own defense), we approach the two hour mark. Hanen asks if anybody wanted to continue the hearing. Massey says he does not. Hanen, then, sentences Massey to the minimum in the guidelines lever, to 41 months, with credit for time served. Once more, when Hagen wants to go up, Hanen goes down, in Massey’s favor to the lowest possible sentence.

For those that know KC Massey, since he was first arrested, I had not seen, in those entire 13 months, his spirits as high as they have been, these last few days. He has taken his task to challenge the “felon in possession” law to get it contained within the limitations of the Constitution, and “Bill” Hagen has been instrumental in laying the foundation for an appeal and eventually a limitation properly imposed on the application of that law.

A final note: As much ground as the government has lost in the sentencing of KC Massey, in their press release, they appear to gloat over their success of conviction, that conviction happened months ago, but they really don’t address this current failure to get “the last ounce of blood”.

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.

Barbeau Qued in Seattle

Domestic Terrorism?

Gary Hunt
Outpost of Freedom
December 18, 2015

Update

Yesterday, Schuyler Barbeau was Indicted by a Grand Jury. He was indicted solely on the information in the Criminal Complaint. He is only charged with violating Title 26, US Code §§5861(d) and 5845(a)(3), to wit:

26 U.S.C. § 5861: Prohibited acts

It shall be unlawful for any person –

   (d) to receive or possess a firearm which is not registered to him in the National Firearms Registration and Transfer Record; or

26 U.S.C. § 5845 : Definitions

For the purpose of this chapter –

   (a) Firearm The term “firearm” means

     (3) a rifle having a barrel or barrels of less than 16 inches in length;

They have also included the forfeiture provision (26 US Code §5872(a)) which would allow them to keep any firearms, if Schuyler is convicted of the crime.

Before we get in to just who is a terrorist, it would not hurt to revisit the Search Warrants that were served at the Ranch. The search warrants included Title 18 provisions that were not included in the Criminal Complaint. Had the Search Warrant been in compliance with the constitutionally required limitations, “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”, the only items that could have been included were the Short Barrel Rifle (SBR) and any other barrels or objects directly related to the SBR. However, what they took, they presumed the right to take based upon the Search Warrant reference to “(b) possession of stolen federal property, in violation of Title 18, United States Code, Section 641; and (c) possession of a machine gun, in violation of Title 18, United States Code, Section 922(o).”

To make matters worse, they have alleged that Schuyler was a “domestic terrorist”, and I’m sure they expressed that to the Grand Jury. I am equally sure that though the Search Warrant has yet to be filed on the Court Docket, that the Grand Jury was probably made privy to it — most likely to demonize Schuyler so that the Jury would feel no doubt that they had to indict him. However, the Grand Jury only indicted Schuyler on the original charges from the Complaint.

Is Schuyler the Terrorist?

However, this whole episode with the Search warrant leads us to consider who the terrorists really are. Schuyler was accused of having a rifle receiver, a 10.5 inch, and an 18 inch barrel, both of which would fit the receiver, but he didn’t register and pay the tax on what could have been made from the otherwise legal parts.

The government, in the hearing on December 14, accused Schuyler of being a “domestic terrorist”. To support these allegations, the Criminal Complaint states:

The CHS advised that Barbeau frequently told the CHS that the federal government was not abiding by the principles set forth in the Constitution and that many public servants, such as judges and police officers who had sworn to uphold it, had deviated from their oath of office. Barbeau told the CHS that it was his duty to educate public servants who were not living up to their oath and discussed “lynching” those he deemed unworthy if necessary. In one instance, Barbeau told the CHS that he and other like-minded individuals would physically remove a California judge presiding over a misdemeanor weapons violation he received there in the fall of 2014.

Well, that is hearsay, to say the least, but they also said that he was going to “hang a judge”. So, were these just words under Freedom of Speech, or was he serious about what he had said, such as in the context of a threat or incitement? He never moved in that direction, or otherwise indicated that he intended to carry out this “threat”. So, if this is the extent, well, we must also include a rifle (SBR) that, if he had registered and paid the $200 tax, would have been as legal as his political statements under Freedom of Speech. Schuyler never threatened (coerced or intimidated) the judge, and if the judge knew what he said, it would probably be because the government told the judge what they said that Schuyler said.

However, the government says that he is a terrorist simply because of their claims of Schuyler’s possession of a machine gun, stolen federal property, and the utterance of vague hearsay of THREATS.

So, what law would make him a “domestic terrorist? What is the government trying to tell the Court and the Grand Jury? Well, here it is:

18 U. S. C, §2331.

(5) the term “domestic terrorism” means activities that—

(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

(B) appear to be intended—

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by intimidation or coercion.

There would have to be “acts dangerous to human life”, and criminal in nature. Or, that appear to intimidate or coerce a civilian population”, or to influence the policy of government by intimidation or coercion.” So, with these three choices, which, if any, did Schuyler’s actions fit into? None? Well, that’s what I understand, too.

By the way, Schuyler was honorably discharged from the Marines Corp, after 4 years of service to his country. He then went into the Army and served another 3 years, and was again, Honorably Discharged.

Is the Government Conducting Terrorist Activities?

Well, that is a tough question. If we ask Mainstream Media, or the government, we know what the answer will most likely be. That, however, like what Schuyler has said, is just words, with no actions to back up those words. I suppose we could call that Freedom of Speech, though a gross distortion of Freedom of the Press.

However, on December 6, while Schuyler was arrested, and Allen Aenk was being detained and his car searched, without a warrant, other activity (actions) was taking place. However, it wasn’t “domestic terrorists” (or, was it?) that entered the Aenk Ranch. At 12:40 PM, fifteen thugs, dressed in battle gear, entered the property, bypassing a locked driveway gate. They were soon followed by two more squads comprised of five thugs, each.

However, rather than me telling the story, so there be no doubt, we will let the videos from the security cameras tell the story. I will assist be giving a description, the video time stamp, and the [true time], as we go through the five cameras (channels) captured that afternoon. The videos have been edited to reduce the over 7 hours of total footage into just the significant portions.

Channel 1 (at Front Gate, from house) (38:04 long):

0:46 [12:37:46] The goon squads turns off of Springdale Hunter Road, in the distance, onto a private easement road.

2:50 [12:39:51] The first vans of battled dressed goon squads arrive at the front of the property.

3:31 [12:40:32] The 15 thugs begin entering the property, SBRs at the ready, reminiscent of the military tactics used in villages in Iraq and Afghanistan.

7:27 [12:49:47] Five more thugs enter the property.

9:18 [12:55:06] Five more thugs enter the property, making 25 thugs, and a number of supervisory personnel.

12:28 [12:58:36] The front gate is unlocked using the key that was voluntarily given to the thugs by Carrie Aenk. Understand that the government already knew that Allen and Schuyler were detained near Seattle, nearly 300 miles away. If they had any intelligence (of either kind), they would have known that Carrie was home alone.

15:03 [01:00:59] Twenty-four minutes after the initial entry, Carrie is escorted to one of the kennels, handcuffed and with a coat thrown over her shoulder (this, after being thrown down in the mud. See “Carrie’s Statement“), to secure some of the dogs — without the use of her hands. After all, there are only 25 goons.

16:34 [01:02:20] Enter an important person with case in hand, and another important person with bag in hand.

32:17 [02:34:03] Vehicles begin leaving.

32:48 [02:43:27] Important person leaves with case (16:34), box and envelope.

33:25 [02:44:04] Important person w/baggage meets non-government looking vehicle. Important person walks from vehicle, without baggage, about 20 seconds later.

36:45 [03:30:11] Silver SUV pulls into driveway (SA Baldino), parks just out of frame, appears to reach into back seat (37:03).

Channel 2 (Right of entry gate, from house) (7:49 long):

0:15 [12:40:53] Goons “sweep” the property, anticipating major action from sole occupant (Carrie) One goon slips and falls on the ice (right side of frame), comes up prepared to fire his weapon.

4:42 [03:30:19] SA Baldino arrives (See Channel 1 – 36:45)

4:53 [03:30:29] SA Baldino does something, difficult to explain, at back door of SUV (See Channel 1 37:03.)

7:02 [03:40:38] Drives away with passengers. Thugs have left the property, 3 hours and 4 minutes after entry.

Channel 3 (West entry gate, from house) Note: This channel included for a little levity, and to watch taxpayer dollars wasted. (11:19 long):

00:04 [12:45:49] Goon “clears” bed and passenger compartment of pickup truck.

00:33 [12:46:47] Goon “clears” bed and passenger compartment, this time with SBR and Tactical Light aimed at potential threats.

2:45 [12:58:10] Goon wary of “vicious dog”.

3:39 [12:59:26] Other goon tries to befriend the “vicious dog”.

3:56 [03:56:55] Flash bang goes off, cracking window and forces security camera into black and white mode.

Channel 4 (storage area; Schuyler’s trailer – far left, from house) (48:21 long):

Note: Throughout this video, remember that the warrant listed stolen federal property and machine guns. Since then, we have learned that they were also looking for explosives. Note how cursory the search of the storage area is. A machine gun, explosive, and unidentified stolen federal property could easily have been overlooked.

00:14 [12:41:06] Goon passes entry tool to another goon, prefatory to breaking in through back door of house. Apparently, the entry team was not quite ready to enter.

1:28 [12:42:17] Note the camera shuttering, followed by smoke in about 15 seconds. This was probably one of the “flash bangs” set off while “clearing” the house.

1:55 [12:44:42] First goon enters Schuyler’s trailer (left, with ladder leaning against it).

11:50 [12:58:16] Carrie Aenk enters at left of frame, handcuffed and a coat thrown over her shoulders, escorted by a goon.

12:35 [12:59:49] Carrie enters at left of frame, escorted by one goon and one important person.

30:30 [01:36:47] Two goons go up the hill, above storage, for some reason. Probably to relive themselves.

41:50 [02:13:04] Box is handed out of Schuyler’s trailer.

42:54 [02:17:03] Trailer door closed. One hour and 33 minutes in the search of Schuyler’s trailer.

47:41 [02:37:24] Plastic tote box and cardboard box carried from 4-wheeler to leave scene left. Note the apparent weight of the two boxes and compare that with the inventoried items in the Search Warrants (page 4), and consider the apparent weight.  Also note, in Channel 1, that the plastic tote box never left the property through the gate.   So, where did it go?

Channel 6 (Southeast corner of house) (2:12 long): Short, simply another view of clearing the area.

 Conclusion

We saw that Schuyler had none of the elements of a “domestic terrorist”, and though we won’t have an exact match, we can look at what you have seen in the videos and see that 25 plus thugs, battle dressed and often raising their weapons, can readily be considered as an act “dangerous to human life”, even when performed by the government. After all, I believe that they are human, just like us, and since many of us, including Schuyler Barbeau, have received probably more training in the use of firearms, while in military service, then some of these goons.

There is little doubt that this display of force was intended “to intimidate or coerce”, though perhaps not a population, but the population of the Aenk Ranch, whether in Springdale or Seattle.

And, the Search Warrant, along with other misrepresentations, are accusations without any foundation, such as suggesting that Schuyler was a domestic terrorist, are, without a doubt, intended to “influence…a government” entity, specifically, the Grand Jury, to secure an indictment.

If government was granted, by the people via the Constitution, the authority to do anything, it was because we, the People, had the authority to grant them theirs. Should we expect them to act with as much, if not more, integrity than we would expect of ourselves? Or, did we, as they assume, make them our masters?

If the Court please, I wish to use the words of Justice Brandeis dissenting in Olmstead to speak for me. He wrote, “Our Government is the potent, the omnipresent teacher. For good or for ill, it teaches the whole people by its example.”

That’s all I have.

Timothy McVeigh, August 14, 1997 — just prior to being officially sentenced to death

Barbeau Qued in Seattle
Terrorists at the Ranch

With Carrie Aenk’s Statement on the Raid

Gary Hunt
Outpost of Freedom
December 14, 2015

On November 14, 2015, when Schuyler Barbeau and a friend dropped off a case containing a rifle receiver, an 18″ barrel, and a 10.5″ barrel, the government had all they needed to bring charges against him — for having three legal items in close proximity. Though not seen by the friend, the contents had been described on the way to Oliver Murphy’s house.

Later, according to the Criminal Complaint, the case and contents were turned over to the FBI. According to the Complaint, “the CHS contacted the FBI” to turn the “evidence” over to them, though it appears that the Complaint is in error — that the FBI was staking out the house, as that date had been set up for the drop off, and he was not “contacted” by the FBI, rather the FBI just showed up, got the evidence and then “secured” it.

The evidence is claimed to be an Short Barrel Rifle (SBR), however, it was a receiver, and two barrels, but, let’s not quibble over reality when the government has other objectives.

However, since that time, the FBI has gone on a local television station and let local news agencies know that they have a “domestic terrorist” in custody. So recently after the shootings by real terrorists in San Bernardino, California, it makes them look good if they can now capture a terrorist, even before he terrorizes anyone.

Now, as far as changing the nature of what they were doing, which was to punish Schuyler for not having registered and paid the $200 tax on a SBR, we can rest assured that the FBI will, undoubtedly, put together the chosen pieces of the “secured” hoard to resemble the SBR, long before it is introduced as evidence in court.

However, we must go one step further in the “integrity” of the FBI, or lack thereof. The Constitution affords us protection against “unreasonable searches and seizures”. Specifically, Article IV, Bill of Rights, 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.

So, not only does the object of the search have to be “particularly described”, it must be “supported by Oath or affirmation”.

Now, the Criminal Complaint makes only two allegations in the single “Count 1”. Those allegations are about “violation of Title 26, United States Code, Sections 5861(d) and 5845(a)(3)”. Title 26, by the way, is the Tax Code, not the Criminal Code.

However, on the Search warrant, that is supposed to be supported by Oath or Affirmation, we find those two sections of Title 26, but we also find “possession of stolen federal property, in violation of Title 18, United States Code, Section 641; and (c) possession of a machine gun, in violation of Title 18, United States Code, Section 922(o)”. However, there is no “Oath or affirmation” to support these charges. Quite simply, they were probably inserted to demonize Schuyler Barbeau and make him look looked something that he surely is not — a terrorist.

So, let’s look at one of the many definitions of terrorism, as defined in the same United States Code that has already been referenced:

Title 18, United States Code, Section Sec. 2331.

(5) the term “domestic terrorism” means activities that—

(A) involve acts dangerous to human life that are a violation of the criminal laws of the United States or of any State;

(B) appear to be intended—

(i) to intimidate or coerce a civilian population;

(ii) to influence the policy of a government by intimidation or coercion; or

So, we have “acts dangerous to human life that are a violation of the criminal laws of the United States or any State.”. Title 26, the Tax laws, are not criminal, they are, well, “taxes”.

Now, in paragraph (B), it qualifies the act as one intended “to intimidate or coerce a civilian population”, or, “to influence the policy of a government by intimidation or coercion”.

With the television show, the press coverage (the source had to be the government, as Schuyler hasn’t even been able to speak to family, let alone the press), there is no doubt that the efforts were to coerce the population and to influence the policy (jury) by coercion. I think that there can be little doubt as to that affect, as we have already seen the press, and can fully expect the jury, to follow suit.

So, let’s look at paragraph (A). “Violent acts or acts dangerous to human life” that would be criminal acts under our laws. So, absent lawful authority (as per the 4th Amendment), the acts, if they are violent and dangerous to human life, they surely qualify as terrorism. At best, Schuyler may have said some things, but he never acted anything out. That is Freedom of Speech, and is far less offensive that “Kill Whitey” or “Kill cops”, but only one person has been arrested, though the news has shown many dozens of protestors with words and signs to that effect.

But, I digress. Carrie Aenk was home, alone, on the Aenk ranch, some 280 miles from where Schuyler was arrested and Allen Aenk detained for hours. The government knew that she was home alone, and the warrant was daylight only, and no provision for “no-knock” entry. That is not how it played out

Carrie Aenk has written a statement about what occurred. I will leave the reader to judge whether they (the People) would consider these activities to be “domestic terrorism”, or not. Below are some excerpts from that statement:

“I have been raped without them touching my genitalia. I no longer feel safe or secure within the walls of my home or boundaries of my property. They have taken from me what I can never get back.”

* * *

“The Agent sees a sweater just inside the door, grabs it from the hook and drapes it over my shoulders when I see one of my dogs that was supposed to be kenneled in my peripheral view, and then he’s gone. I run to the edge of the porch and down the steps to get my dogs back inside their kennels but I’m thrown to the ground before I can go any further, landing in the icy mud.”

* * *

“When I get back to the house, I walk straight over to the phone and turn my back to it so my fingers can call my attorney’s cell phone. The Agent sees what I’m doing and takes the phone out of the cradle so I can’t use the phone.”

The entire statement (pdf) is at “Carrie’s Statement“. When you are finished reading her account of this ordeal, you may want to consider, based upon the information above, just who the real terrorists are.

Barbeau Qued in Seattle
The Arrest of Schuyler Barbeau

Gary Hunt
Outpost of Freedom
December 8, 2015

In the late morning of December 6, 2015, Schuyler Barbeau had been helping Allen Aenk by rescuing service dogs as a business service run from the Aenk family Ranch, in Stevens County, Washington some 280 miles away from where the following events begin to unfold.

At the Weigh Station

After dealing with the dogs, Schuyler wanted stop to collect some money owed him by Oliver Murphy. Murphy texted to Schuyler to meet him at a weigh station at Interstate 90 and Washington Highway 18 (between Preston and Snoqualmie). When they arrived at the weigh station, Oliver’s car was there, but Oliver was nowhere to be seen. So, they parked next to Oliver’s car and Allen got out of the car, cell phone in hand to call his wife and to take the dog to the Dog Walk.

Before he could complete his intended tasks, he saw between 10 and 12 battle dressed people encircle the him and the car. He was told to lie down on the ground. He complied, though he questioned why they were being treated this way. They then handcuffed Allen, and since Schuyler was on the other side of the car, he didn’t really see what happened to him. Allen did note that he saw FBI, US Marshalls, and Coast Guard, though there were no apparent BATF agents on the scene. But, we’ll get to the charges shortly.

The agents were going through his car, but they had no warrant with them, they simply stated that they did have one (There was a warrant to search the car at the premises – ranch, but nothing identifying the car specifically).

They then moved Allen away from the car and began asking questions about Schuyler, but were told to ask Schuyler, not him.

After they had searched the car, one of the agents, acting rather rudely and assertively, asked Allen to sign a “Receipt for Property Seized”, which Allen refused to sign, and Special Agent Kera O’Reilly (did you ever wonder why gimp kids are special, and so are FBI agents?) affirmed that he refused. However, he was provided a copy, and it shows the following items seized from the car:

— Green “Bad Inc” Vest with visible firearms magazine with unknown contents inside pockets, bags, etc

— Grey “Universal” bag with yellow straps, with green sunglasses on strap and unknown contents

— FNH VSA pistol (FNX-45 Tactical Serial # FX3U025994) w/ [intelligible]

Inforce tactical light

1 round loose, 15 in magazine full metal jacket 45 cal

— Cellular telephone, Android platform,

Droid Turbo, w/ other box (grey w/ yellow outline)

Allen was not allowed to verify some of those seized item, in particular, the “Grey Universal bag with yellow straps”, so the feds can do anything they want with the contents. It was Special Agent O’Reilly who, rather rudely, refused Allen’s request to review the contents.

Just so we know who the rather rude agent that dealt with Allen is, she was Kera Wulbert, and may have been Kera Wulbert Wagner, prior to that. Around 2013, she married Brendan Gerard O’Reilly (age 46) and quit-claimed her house at 2914 S Hill Street, Seattle, to herself and her new husband. Enough of that, so, on with the show:

The other Special Agent was Matthew Acker, who acted courteously, as we should be able to expect our public servants to act toward us. These two agents were, apparently, assigned to Allen, while we can suppose that the rest of the jackboots were needed to assure that Schuyler did take over the surrounding forces, though we will have to get that information from him, when he is removed from sequestration and allowed visitors and phone calls.

The Criminal Complaint

Though we have no proof of the existence of an Arrest Warrant being issued prior to the arrest, we do have the Criminal Complaint that resulted in the arrest, as well as the search warrant.

The only Count in the Complaint says that Schuyler “knowingly possessed a firearm which was not registered to him in the National Firearms Registration and Transfer Record, as required by law, namely, a particular black, semiautomatic AR-15 5.56 mm caliber assault rifle with a 10.5 inch barrel and holographic sight, a rifle having a barrel of less than 16 inches in length”, for which the government wants a $200 tax The refer to Title 26, US Code, §§5861(d) and 5845(a)(3) as the violations. Title 26 is the tax code, so they are assuming that Schuyler owes a tax, and that he failed to pay it. Can you imagine how much it cost the government to persecute Schuyler, as opposed, say, to sending him a bill?

It appears that what he had was a Rainier Arms UltraMatch .223 Wylde Complete Upper – 10.5. This is advertised by Rainier Arms, and the add states that “ALL NFA Rules Apply”.

So, we know and understand that a Class III license holder has, by obtaining the license, agreed to do certain things. Among them would be to verify that if he sold such an item, alleged to be illegal in the Complaint, he would have to run a background check, provide the necessary paperwork to the purchaser, submit the paperwork, and fulfill all of the duties that the regulations require of him. But, that is because he contracted, by obtaining the license, with the government to perform those tasks required by those regulations. This would include 18 USC (criminal) and 26 US Code (tax), and perhaps others. But, it is only the licensee that has agreed to abide by those regulations.

However, the Second Amendment has confirmed our right to bear arms, without infringement. This leaves the government with only limited jurisdiction, via the Commerce Clause (interstate commerce) and the taxing authority, as the means of the government to try to circumvent the limits imposed upon the government by the Constitution. However, if someone hasn’t contracted with the government, they, as well as the government, should be bound only by the Constitution. Schuyler’s right to possess that firearm is sacred; there is no justification for the government to attempt to, by force of arms, pay a tax on that right — regardless of what the government thinks. And, it is his right to do so that we, the People, need to “support and defend”.

Back to the Complaint. Special Agent Michael Baldino executed the Complaint. He is a member of the Seattle Division’s Domestic Terrorism Squad of the Joint Terrorism Task Force (JTTF). Those are the guys that let Muslims kill people in California, while they mess with Americans that are intent on defending America against those Muslim terrorists, and BLM wannabes.

In paragraph 5 (page 3/6) we see that a Confidential Human Source (CHS) provided information (snitched) to the FBI about Schuyler. The Complaint is a substitute for the constitutionally required affidavit, and a poor substitute, at that. An affidavit is sworn as to personal knowledge, and is not supposed to give any validity to hearsay. However, since Baldino didn’t “swear” to the document, well, he can say anything that he wants.

Back to the CHS. It has been confirmed that the CHS in the Complaint is none other than Oliver Murphy. Yes, that is the one that baited Schuyler and Allen to the Weigh Station, but it doesn’t end here. Before we proceed, perhaps we ought to look at Mr. Murphy. His father, Patrick Murphy, was Snohomish County Sheriff. He was appointed to that position in 1995, when then Sheriff Jim Scharf stepped down to become the Everett Police Chief. Murphy, however, didn’t stay long. He was charged with four counts of felony possession of prescription medication. Patrick died in 2006, so maybe Oliver wanted to follow in his father’s footsteps and become recognized in “law enforcement”. At any rate, Oliver was in from the beginning to the end of Schuyler’s ordeal.

Paragraph 7 (Complaint) tells us that CHS was invited to the trailer that Schuyler was staying in at the Aenk’s ranch, on October 19, 2015. The Aenk’s have confirmed that it was Murphy that stayed with Schuyler, on that date. There is only one CHS (if there are more than one, they are numbered), so it is Murphy in every instance in the Complaint.

Next, we have Baldino going to Facebook to see what “dirt” he could get on Schuyler. He found photographs where Schuyler acknowledged that he owned a “short-barreled rifle” (SBR), which would be the Rainier Arms UltraMatch. So, when Schuyler suggested that he wanted to sell it. Murphy, being such a nice guy, let Schuyler know that he had found a buyer for the SBR.

On November 22, Schuyler dropped the SBR off at Murphy’s “residence”. So now, Murphy possess the SBR, but he has not been charged, and, according to the available information, he is not law enforcement, nor is he exempt from any regulation that might be imposed, legally, or not, on Schuyler. But, Murphy was never charged with a crime, but, then, that is the nature of a police state, isn’t it?

Schuyler has given up the SBR, Murphy gives it to the FBI, but nobody has paid Schuyler for the purchase the SBR. That sounds awfully like what is commonly referred to as theft, fraud, swindle, or some other real crime that has an injured party, namely Schuyler. But, in this modern world where it is always somebody else’s fault, the only one that didn’t hurt anybody by stealing property was Schuyler.

It was probably to collect the money that Murphy was supposed to have sold the SBR for that was the enticement for Schuyler and Allen to go to the Weigh Station.

Meanwhile, Back at the Ranch

About the same time that those events were occurring at the Weigh Station across the state in Springdale, Carrie Aenk was facing her own ordeal. The following is based upon an interview and documents that have been provided.

Thirty to 35 people showed up in 7 or 8 vehicles. Carrie, when she saw them driving in, tried to call Allen. There was no answer. however, the used a battering ram on the back door of the house. They also released some of the dogs from their kennel.

The search warrant is marked “X in the daytime 6:00 a.m. to 10:00 p.m.” (Page 1 of pdf). It says nothing about “no knock”, so it must be served in a civil manner. A battering ram at the back door of the house hardly satisfies that expectation, but, then, we you give thugs a license, they can do as they please — the Constitution notwithstanding.

I think we need to note here that the search warrant among other things, states that “I find that the affidavit(s), or any recorded testimony, establish probable cause to search and seize the person or property.” However, no affidavit, or recorded testimony, has been provided. And, if we were to assume that the Criminal Complaint somehow satisfies that requirement, then even more curious is the fact that the search warrant brings in charges that were not included in the Complaint, or anywhere else in any of the currently existing court documents.

As far as the Warrant, it gives permission to search for the person or property described in “Attachment A”. “Attachment A” says, “This warrant authorizes the search of Schuyler Pyatte Barbeau for any cellular phones. This warrant authorizes the search of any such phones for the items described in “Attachment B”. Then, it remarks that Schuyler resides in a trailer on the property. So, the warrant only allows them to search Schuyler for any phones, and then to search any phones for items in “Attachment B”. So, to make this clear, Schuyler can be searched for phones. Presumably, if phones are found, those phones can be searched for the items identified in “Attachment B”. There doesn’t appear to be any authority to search beyond that limitation. So, let’s look at attachment be to see just what might be found in the phones.

“Attachment B” begins with, “Items to Be Seized from the Phone Described in Attachment A.” Before we continue with Attachment B, let’s reflect on what they just said. The items to be seized are to be seized from the phone. I know that the concept of seizing items from a phone is difficult to digest, unless, of course, you are a government agent. I realize that smart phones are a bit over my head, but I still have a problem understanding how items can be seized from them. But, let’s continue and see just what those federal agents can “seize” from a phone.

Continuing in Attachment B, “All documents and items reflecting evidence and/or fruits of the commission of the crimes of (a) unlawful possession of a firearm, in violation of Title 26, United States Code, Sections 5861(d) and 5845(a)(3); (b) possession of stolen federal property, in violation of Title 18, United States Code, Section 641; and (c) possession of a machine gun, in violation of Title 18, United States Code, Section 922(o), including:”, then it goes on to list, not items, rather, telephone serial numbers; sent, received, and missed calls; stored contact information; and, any stored photographs or Facebook posts –that might show something illegal.

This brings to mind an important part of the Constitution, you know, where they itemized some of the inherent rights of the People, not as grants by the government, rather, prohibitions against the government violating them. Specifically, the Fourth Amendment:

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.

So, if information stored on a cell phone (since it can’t be the items that were to be seized) is simply a modern substitute for “papers and effects”, then it requires that the probable cause must be supported by “Oath or affirmation”. Unfortunately, the government has failed to provide such.

The Complaint was for a tax violation, only, and being singularly concerned with that SBR. If we assume that the “affirmation” (that is really stretching our language to an extreme), then the extent of that affirmation must be limited to the SBR and Title 26 (taxes). So, where the hell does “possession of stolen federal property” and “possession of a machine gun” come into the picture? Do this just make this shit up while sitting around the water cooler? Also, consider the judge, Thomas O. Rice; does he even read what he signs? And, all of these idiots, even the judge, probably make over $100,000 a year — of our money. It seems more like the Mafia than a government.

Just to throw a little confusion into the mix, both of these attachments mentioned above bear the case number directly below the title. There are two more attachment “A”s, but neither of them have a case number, so they are either sloppy, inserted these from some other source, or they could care less about the identification of legal documents. Take your pick, but when you are dealing with incompetence, it can only be a wild guess.

Given the limits of what could be searched for, let’s look at what they found “on the phone”:

1) Plastic bag with .223 ammo

2) Seven (7) 223 magazine

3) Verizon bill, ID cards, record book

4) Motorola mobile phone, model XT 912

5) Nylon bag with camping tool, tape (?)

6) Plastic box with gun parts

7) Large plastic bag with gun parts

It is hard to believe that any of those items, except No. 4, could satisfy the conditions of the warrant

However, the act of the service of this warrant, after the battering ram entry, gets even more interesting. After they entered the house, they flash-banged every room they entered. Carrie counted at least eight of them in the house. That’s right, they threw flash-bang grenades into each room, in order to clear it, perhaps, from evil spirits, since it would be difficult to otherwise understand the necessity of causing intentional damage, including gaping holes in walls, windows blown out, not to mention the back door that was battered open, and one helluva mess to prove that the government has come to “help you”. If there is an assumption being made here that the government will perform restitution for the damage they caused, especially if the charges are dropped against Schuyler, then you are sadly mistaken.

While this “search” (and destroy) was going on, Carrie was held handcuffed for about an hour and a half, and she was not allowed to contact her attorney. They also held a gun on Carrie throughout this entire ordeal. Perhaps there is reason for concern when there is just one pissed off woman, and only 30 to 35 armed men to keep her under control.

While searching the rest of the premises, they used at least ten more flash bangs, some of them apparently only to scare the dogs, which resulted in laughter by some of the agents, who apparently were enjoying themselves immensely while terrorizing Carrie. I will conclude by stating that this is, by far, the most egregious abuse of presumed governmental authority that I have seen since my visit to Waco, back in 1993.

Perhaps it is time to reflect on whether we are truly a self-governed nation, or have become subject to a government far more despotic that that one cast off by the Founders, 239 years ago. And, to reflect upon our obligation, as that “Posterity” identified in the Preamble to the Constitution, to assure that this once great nation returns to its intended object, for our own Posterity.

For the follow up; Schuyler’s description of what happened, see:

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

    Operation      Mutual      Defense

                         Advisory Board

            Response Coordinator:      Ryan Payne

          Public Relations:                 Gary Hunt

    Research:                              Dennis

                   Planning                                Jon Ritzheimer

         Training:                               Tim Foley

http://www.outpost-of-freedom.com/OMD

November 10, 2015

Operation Mutual Defense is now an Active Organization

In April 2014, an organization named Operation Mutual Aid (OMA) let out a call for patriots to come to the Bundy Ranch in Nevada, to protect the rancher’s family, livestock, and ranch, from threatened Bureau of Land Management’s (BLM) efforts seize the livestock in payment for a perceived obligation.

The structure of OMA was determined to be insufficient for effective response, planning, coordination, and organization of the effort required. This led to a division between the two principals of OMA leadership, and the formation of a new organization, Operation Mutual Defense (OMD), anticipating a more rapid and effective response. Additionally, support functions are incorporated in the structure and function of OMD.

The Advisory Board of Operation Mutual Defense, is announcing the commencement of its organization’s website and operation of services to Americans who are in need of assistance, in defense of life, liberty, or property, due to oppressive government overreach that threatens their God given rights.

OMD is a network of volunteers, patriotic citizens, activists and militia, dedicated to furthering a government, by the people, free from oppressive intrusion, overreach and aggression, through training and implementation of established defensive postures, at optimal tactical positions, in relation to the people or property in need.

An additional tier of the OMD organization includes, journalists, logistical and support personnel, and media relations personnel from other patriotic political and activism groups.

OMD observes all local laws, not in violation of the United States and state constitutions, and considers all laws in violation of the United States and state constitutions reasonable cause to coalesce resources to protect and defend citizenry requesting support.

The organization believes in a culture directed by the principles of the Declaration of Independence; to absolve such government of its power, or separate from it to be freed from its oppression. OMD is intended for the defense of the populace from enemies, foreign and domestic. The latter path shall be left to the determination of that populace, and we shall guarantee them the freedom to make that choice, and to assist them, in accordance with man’s God-given Liberty, the ideas espoused in the Declaration of Independence, the constitutions of the several States, the Constitution of United States, and the Bill of Rights, so help us God.

OMD encourages visitors to go to the OMD website (operationmutualdefense) to learn more about its mission and the terms and conditions under which activation occurs. For those interested in following, and perhaps participating, in any OMD event, you may join the OMD mail list from the link on that page.

All inquiries are to be directed to:
Gary Hunt, OMD Public Relations
Email:   public relations

Camp Lone Star
Follow Up on a Show of Support for KC Massey

The Lone Warrior

Gary Hunt
Outpost of Freedom
October 7, 2015

I spoke with KC on Monday.  He had received a number of “I Care Gifts” (https://camerontx.icaregifts.com/), and some money has come in to his commissary account, via PayPal.  Letters, cards, and money orders would not have arrived since the Show of Support for KC Massey was put out last Thursday, but what has come in has given KC an understanding of just how many people support him and are willing to do something to demonstrate their concern.

Let’s look at it from KC’s perspective.  He is in jail and his contact with outside is very limited.  He talks to Khristi, his wife, regularly; he talks to me quite often; and, he is in phone contact with a few other close friends.  Beyond that, the world does not exist.  He has felt like the patriot community has abandoned him, since he has no idea of what transpires in discussions on Facebook and other Internet communications areas.  The government follows all of this, but they damned sure will not tell KC what support he has, so KC thinks, regardless of what we tell him, that he has been abandoned.

The display of support that has come in, so far, has given him to understand that the support is still there.  Reality has hit him, like “a 2×4 up the side of his head”, that people realize the potential effect of his battle with the misinterpretation of a federal law, and that the support that he was hoping that he had through this ordeal was really there, all along, but the means of showing that support has manifested itself in something quite demonstrable in the form of gifts, monetary, and especially, the letters of encouragement that he has, and, hopefully, will continue to receive.

Easily the least expensive and the easiest to provide, in terms of you showing support, is a letter or card.  And, perhaps, the most meaningful and long lasting, as the commissary account will, eventually, dry up, and the I Care Gifts will eventually be consumed.  Those letters and cards, however, will, like the Bible that he keeps close, always be there as a reminder of the good things that make his ordeal worthwhile.  You need not stop at just one letter.  He needs the Commissary for pen, paper, and postage, but I am sure that he will have plenty of time, until this gets before the Appellate Court, to reply to those of you who send their words of support.

For those who wish to participate in the Support for KC Massey, and for those who want to add to the support that they have already shown, mailing address and other information can be found at the bottom of the Show of Support for KC Massey.

Finally, I will pass on what KC asked me to express his thanks to those who have supported him with action, and those who have simply supported him with their thoughts:

“Express to them my Heartfelt Thanks for their support for me,
and, my standing against a despotic government.”

Camp Lone Star – Show of Support for KC Massey

The Lone Warrior

Gary Hunt
Outpost of Freedom
October 1, 2015

Yesterday, September 30, 2015, was the big day for KC Massey’s challenge to the federal Felon in Possession of a Firearm law (18 USC §922(g)(1)). Though there were hopes that somehow Judge Andrew Hanen would rule, finding KC not guilty, that was not the case. However, there was a reason that Hanen could not come to that verdict, but had to rule Massey guilty.

What is known as “stare decisis” (The legal principle of determining points in litigation according to precedent), which requires that a Circuit Court judge must abide by previously decided cases from the Appellate or Supreme Courts, was held to. Unlike some District Court judges, Hanen abides by his responsibility to the law and cannot use the Wisdom of Solomon to make his decision.

However, as pointed out in previous posts, Hanen has gone overboard to assure that the record of the current case is loaded, as the Appellate Court can only rule on the record (official court documents) of this case. He has, twice, extended to Massey’s attorney, Louis Sorola, the opportunity to load that record so that there is sufficient argument to make a good case before the Appellate Court.

In an interview with Mike and Khristi, who attended the trial, I can provide a little insight into the proceedings. A more detailed explanation will be provided, once the transcripts of the trial are available.

The government brought in an expert witness that testified that the weapons that had been taken form Massey had been manufactured out of state, explaining, in detail, how he was able to come to that conclusion. This does raise an interesting question. It would require that someone who provided you a gun to patrol the border knew that it was manufactured out of state, and, it would also require that you knew that the gun was manufactured out of state. I suppose that the federal law, as interpreted by the government, requires specialized knowledge for the people to come to the conclusion that the firearm was manufactured elsewhere, though by their own admission, it took an expert to make that determination on behalf of the government.

There is another possibility, that the government’s interpretation of the law is other than what the law really means. And, that is the subject which keeps the door open for Massey’s case to make law, once it is heard before the Appellate Court.

What we have been referring to as the “Has/Had” argument challenges the government interpretation that any gun that has crossed state line cannot be possessed by a felon, regardless of how long ago that felon was committed, and sentence served. In Massey’s case, that was 28 years.

So, Hanen, in open court and on the record, stated that the “Has/Had” argument seemed valid and that it was “ripe for appeal”. That means that the particular “Has/Had” argument has never been decided by a higher court, and it appears that he sees merit in the argument and believes that the higher court, the one that makes “stare decisis” (law), based upon the wording in the statute, needs to hear this case on appeal.

After the trial, Louis told Khristi and Mike that Massey’s case would rewrite history. With this, I am inclined to agree. And, we can consider the consequences to those who are patriotic, though fearful of being charged and convicted under this federal law, when the law is misapplied by the government and falsely creates a crime where none exists. Even transporting, not for commerce, would no longer be criminal for those who have a felony on their record.

KC had expressed his desire to speak to the judge, though if he went on the stand, it would open for the prosecution the right to extensive cross-examination. However, during closing arguments, Massey kept trying to state his feelings. After some discussion, the Judge decided that he could, as a part of the closing statements, say what he felt.

What Massey managed to get on the records (not verbatim) is, “As a common man, all I have is the letter of the law to go by. And you f***ers screwed up on the law, so, what else am I supposed to do?” To this, the Judge said that he was sorry and that he was held by case precedence.

Twice, during the trial, the Judge said that he didn’t agree with what was going on, in his heart. That is not what a judge intent on holding up the government’s position would say, and that, too, is a part of the record.

In a brief conversation, after the trial, Hagen, the US Attorney, expressed is apprehensive as to the results of an appeal. I believe he knows that he will, eventually, loose this case.

At the end of the trial, Hagen ask for permission to take pictures of all of the guns and then destroy them. Judge Hanen refused to give permission, most likely because the guns will have to be returned to Massey, after the Appellate decision, as his property. Apparently, Hanen is that sure that the conviction will be overturned and case law adjusted to limited the federal felon in possession law to apply only, and specifically, where it belongs, to the government’s overstretched authority under the Commerce Clause of the Constitution.

Though Massey and I have frequently, for the last twelve months, discussed the probability that this would have to go to the Appellate Court, when the finding of guilty was given, it had an effect on him.

He called me as soon as he got back to jail, but he was forlorn. He said that he can’t take any more, that this guilty verdict has sapped all of his strength. There was nothing that I could say that would cheer him up. He feels that he has been abandoned by the patriot community and his friends. And, this leads us to where we can help this brave soul as he fights a battle that will serve the patriot community more than any other act in recent years. We need to show our support for KC Massey. It doesn’t have to be a lot, but it has to be numerous, so that he knows that we are behind him. So, here is what you can do:

Show of Support for KC Massey

Note: changed to this permanent address as of July 2016

Kevin Massey  76555379
FCI Seagoville
Federal Correctional Institution
P.O. Box 9000
Seagoville, Texas  75159

KC is no longer at this address.

Remember, KC Massey is like a Prisoner of War, but still fighting the battle, the outcome of which will be a significant return to the Constitution, and curtailment of unwarranted government power.

Camp Lone Star — Down to the Wire

Ninth Amendment Rights

Gary Hunt
Outpost of Freedom
September 27, 2015

As was explained in “The King Can Do No Wrong, or Can He?“, Massey’s attorney had brought two matters up in his Second Motion to Dismiss Indictment. They were the Tenth Amendment and Intrastate v. Interstate commerce. The government, through their apparently novice attorney, Corley, argued that Massey did not have standing to challenge the government’s prosecution of him (sort of a “bend over, we will take care of everything” mentality).

This past Wednesday (September 23rd), Judge Andrew Hanen filed his Opinion and Order, addressing all three of the sought actions.

First, he addressed the government’s, stating that “Massey makes a… claim – that § 922(g)(1), as applied to him, impermissibly regulates intrastate activity. Therefore, he has standing to challenge § 922(g)(1).” So, we have dispensed with the government’s feeble effort to claim that Massey had n standing to challenge the government’s interpretation of the law he was charged with violating..

Next, he addresses the Tenth Amendment claim. Unfortunately, being a District Court, the Judge is bound by previous decisions of the Fifth Circuit, to which it is subordinate. Justice, perhaps not, but still the rules of the corrupt game for what passes for justice, in these times.

However the final ruling, this one has, apparently, not been addressed by the Fifth Circuit, at least to the extent that Massey’s attorney, Louis Sorola, has taken it. In what Hanen has described as “The Purely Intrastate Claim”, he states:

“Since the Government bears the burden of proving this element, and since the trial has yet to be held, the facts upon which Massey’s claim stands have not yet been established one way or the other. Until evidence has been presented, the Court is unable to evaluate this claim.”

“Therefore this argument is denied without prejudice because it is not yet ripe. Massey may reassert it at trial should he conclude that the evidence supports this claim.”

So, it appears that Judge Hanen is willing to venture into a substantive argument with regard to the difference between Interstate and Intrastate commerce. He has also placed the burden on the government to prove its jurisdiction. This leads us to review some things that have been brought up in discussion, though, perhaps, not in Court. We will revisit a previous article, “Massey is Protected by State Law” to put this argument before the people, if not the Court.

To begin with, the State of Texas has granted authority for federal agents certain powers with the enactment of Texas Penal Code, Art. 2.122. SPECIAL INVESTIGATORS. From that law (pertinent portions only):

(a) The following named criminal investigators of the United States shall not be deemed peace officers, but shall have the powers of arrest, search, and seizure under the laws of this state as to felony offenses only:

(1) Special Agents of the Federal Bureau of Investigation;

(3) Special Agents of the United States Immigration and Customs Enforcement;

(4) Special Agents of the Bureau of Alcohol, Tobacco, Firearms and Explosives;

(9) Marshals and Deputy Marshals of the United States Marshals Service;

 (c) A Customs and Border Protection Officer or Border Patrol Agent of the United States Customs and Border Protection or an immigration enforcement agent or deportation officer of the Department of Homeland Security is not a peace officer under the laws of this state but, on the premises of a port facility designated by the commissioner of the United States Customs and Border Protection as a port of entry for arrival in the United States by land transportation from the United Mexican States into the State of Texas or at a permanent established border patrol traffic check point, has the authority to detain a person pending transfer without unnecessary delay to a peace officer if the agent or officer has probable cause to believe that the person has engaged in conduct that is a violation of Section 49.02, 49.04, 49.07, or 49.08, Penal Code, regardless of whether the violation may be disposed of in a criminal proceeding or a juvenile justice proceeding.

So, the extent of the authority to arrest, which would also include detaining a person, is only “the powers of arrest and search and seizure as to any offense under the laws of this state [Texas].”

Though the Tenth Amendment argument has been denied, there can be little doubt that the above enactment, by the State of Texas, is an assertion of the State’s rights (not the individual’s right, as per denied motion) to limit federal authority within the State.

So, it would be rather interesting to discover if the government’s witnesses are aware of this grant of authority, and the limitations imposed upon them, by Article 2.122. If they are not, was the government remiss in advising them, or did the government hope that they would assert authority not granted to them so that the federal government would have a broad reign over activities within the State, in the hope that case law would help affirm authority beyond that which was left to them by the State grant?

So, if the federal authority is limited by “any offense under the laws of this state”, they exceeded their authority by the detention of people who were not witness to any crime that might have been a felony under state law, and the only possible violation of that law was committed by the BPS shooter, and, perhaps even those who illegally detained (kidnapped) Massey and Varner.

Let’s revisit state law regarding firearms. From Texas Penal Code Section 46.04 Unlawful Possession of Firearm

(a) A person who has been convicted of a felony commits an offense if he possess a firearm:

(1) After conviction and before the fifth anniversary of the persons release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later; or
(2) After the period described by Subdivision (1), at any location other than the premises at which the person lives.

So, this law makes it illegal to possess “at any location other than the premise”. However, apparently exception was made in another provision, Texas Penal Code, Sec. 46.02. UNLAWFUL CARRYING WEAPONS (again, pertinent portions):

(a-2) For purposes of this section, “premises” includes real property and a recreational vehicle that is being used as living quarters, regardless of whether that use is temporary or permanent. In this subsection, “recreational vehicle” means a motor vehicle primarily designed as temporary living quarters or a vehicle that contains temporary living quarters and is designed to be towed by a motor vehicle. The term includes a travel trailer, camping trailer, truck camper, motor home, and horse trailer with living quarters.

(a-3) For purposes of this section, “watercraft” means any boat, motorboat, vessel, or personal watercraft, other than a seaplane on water, used or capable of being used for transportation on water.

(b) Except as provided by Subsection (c), an offense under this section is a Class A misdemeanor.

(c) An offense under this section is a felony of the third degree if the offense is committed on any premises licensed or issued a permit by this state for the sale of alcoholic beverages.

Since Massey is no longer prohibited from possessing a weapon, and where we have a definition of “premises” (re: 46.04) and the ability to transport a weapon, then it is clear that Massey was not in violation of state law, and if in violation, it would only be a misdemeanor, unless he was in a place that sold alcoholic beverages, then clearly the state has no objection to his possession of a firearm under the circumstances surrounding Massey, throughout this entire ordeal.

Now, the enumerated right is the right to keep and bear arms. The government argues that 18 USC 922(g)(1) includes any firearm that is:

(g) It shall be unlawful for any person –

(1) who has been convicted in any court of, a crime punishable by imprisonment for a term exceeding one year;

to ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.

Intrastate Commerce

Now, let’s look at how 18 US Code defines “interstate commerce”:

18 U.S.C. § 921 : US Code – Section 921: Definitions

(a) As used in this chapter –

(2) The term “interstate or foreign commerce” includes commerce between any place in a State and any place outside of that State, or within any possession of the United States (not including the Canal Zone) or the District of Columbia, but such term does not include commerce between places within the same State but through any place outside of that State…

However, I find no definition of “Commerce” in 18 US Code, so we will look at the legal authority, Black’s Law Dictionary (5th Edition):

“The exchange of goods, productions, or property of any kind; the buying, selling, and exchange of articles…”

So, commerce is the exchange of goods, barter, sale, trade, or any other means, to be “in and affecting commerce” would require that one be involved in such a transaction.

Defining that even further, we have “interstate or foreign commerce” specifically excluding “intrastate” commerce, to wit:

“but such term does not include commerce between places within the same State but through any place outside of that State”

So, if Massey had purchased (commerce) a firearm within the state, it would take a real stretch to include “interstate”. However, Massey never purchased (commerce) any firearm, he merely possessed a firearm. Even if Massey had received it as a gift, it is inconceivable that this could create the necessary nexus to interstate commerce that the statute addresses. However, the government cannot even prove that he owns a firearm, and that is the burden that is placed upon them, by Hanen’s Opinion.

Now, that is twice removed from the apparent extent of the charges brought under 18 USC §922(g)(1). No interstate, and, no commerce.

Since the Fifth Circuit has ruled on the Tenth Amendment, and it is no longer a legal defense for Massey, it does not preclude the state from passing laws that are consistent with the Tenth Amendment, which, obviously, they have done.

So, let’s refer to this as the Ninth Amendment argument. The federal government has raised no objection to the state laws referred to above, so they must be constitutional. The Ninth Amendment reads:

“The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.”

The question is whether Massey has the right, under the Ninth Amendment, to possess a firearm, if he is totally in compliance with state law, and has not been involved in interstate commerce.

The Rise of Islam in Our Children’s Minds
Is This the Destruction of America?

Gary Hunt
Outpost of Freedom
September 23, 2015

A friend sent a copy to me of the current assignment in Social Studies for her Seventh Grade son. Since the truancy people have threatened her if he doesn’t go to school, he has simply been instructed to face the back of the classroom and ignore the instruction. However, that solution is problematic, and what we are seeing is a program of enforced indoctrination.

Hitler arranged the educational system to propagandize the Nazi philosophy, and dwell on certain aspects of the German culture. He did not instill a foreign culture into the minds of the children. What country would even consider doing such?

The student’s previous historical education included California history, primarily the early Spanish portion with the Missions and Spanish settlement; Ancient history centered on the Mediterranean Sea (Byzantine Empire, Romans, etc.), and the Rise of Islam (current studies). No America history, no European history, no government studies.

So, before we look into just what is currently being studied, let’s think a bit about the near future. The students who have taught very little of our own history, but have been indoctrinated (I can’t think of a better word) in Spanish settlement of California, and Islam’s role in the world, including how badly the White Europeans treated them, will leave them with a foundation of culture that excludes that which they were born into, believing that their roots are from a Spanish and Muslim heritage.

They will object to any subsequent instruction that might dwell upon the settlement of the “New World” by English and French adventurers –those that brought civilization rather than chaos — because it would be foreign to the foundation that had been implanted in them. The “Great Experiment”, the first, and only real, government created by the people of the country, for the purpose of self-government, will be spurned as inconsequential, even though it laid the foundation for the freedom of those invaders (yes, that is the correct word) who have used those protected freedoms (which do not exist where they came from) to destroy the very structure that has led the world to the advanced society it has become. The result will be a regression of society back into a barbaric age, which should have been left to the dustbin of history.

Some of the atrocious effects of this program include:

• Teaching that Muslims pray five times a day, implying that this is acceptable within the school, yet the same school will not let Christians pray, even once a day.
• Teaches and honors a religion that has their five pillars, though they won’t allow the Ten Commandments to be displayed or spoken of.
• Teaches support of a religion that dictates both social and political behavior, though they limit that teaching to only the Sunni sect of that religion, the sect that is the primary elements of ISIS/ISIL, but disallow any discussion of the Christian religion or the Judea-Christian moral foundation of our country

It has become abundantly clear that the federal government, under the current administration, supports this effort by requiring such teaching in our schools, and funds that denigration of our educational system.

The Department of Health, Education, and Welfare (HEW) was created in 1953. In 1979, the educational aspect of governmental control of education (that used to belong to the local School Board) was created and named the Department of Education, while the remainder of HEW was renamed the Department of Health and Human Services. It is that Department of Education that now dictates policy (curriculum, including Common Core) and provides the funding for the local schools.

Since the Department of Education is an Administrative Agency under the Executive Branch (the President), we can expect no change in this policy, except possibly getting worse, until January 2017, when a new President will take office.

If the new President chose to change the policy, it would probably not go into effect until the beginning of school in September 2017.

That would leave this school year and the next of total indoctrination of our children into the benefits of Islam as a state religion, and it would be very difficult to undo the mental damage to our children, since it is the parents who willingly send their children to the government schools, telling them that school is where they will be taught what they need to know to get along in life and in America.

This country was a “Great Experiment” in self-government. It has turned into an oligarchy that is not responsive to the will of the people, and often is beyond the ability of Congress, our chosen representatives, to retain control of what they have willingly passed on to the Executive Branch.

If this is to change, and if we are determined not to allow these two school generations to be taught that Islam is great, and then probably vote for Muslims running for office, then we must, as the Founders did, determine to take upon ourselves, regardless of the laws but consistent with the Constitution, the responsibility and the task of removing this cancer from our society. And, that, by any means necessary, with no restrictions.

* * *

The following is the study guide for the Seventh Grade at:

• Canyon Lake Middle School
• Lake Elsinore Unified School District
• Principal: Dr. Preston Perez
• phone number: 951-244-2123
• webpage: http://clm.leusd.k12.ca.us

The source for the instructional material:
Society for Visual Education, Inc., 1345 Diversey Parkway, Chicago, Illinois 60614,
or,
Society for Visual Education, Inc., 6677 North Northwest Highway, Chicago, Illinois, 60631
phone: (800) 829-1900; fax number: (800) 624-1678

* * *

The future of this country is now in your hands. If it is to continue as we have believed, and as many have fought and died for, then the call to act is greater than any other time in our history. Contemplation, procrastination, and delay, have become our enemy. The time is now, and the necessity is, again, by whatever means.

It is Time for Grave Concern
It is Time for Action

The handwritten portion is the due dates for the various assignments.

Five Pillars of Islam? Where are the Ten Commandments?

Quran & Sunnah (the Word of God &teachings and attributes of Prophet Muhammad)?

What about the Old Testament and the New Testament?

Mecca? A city for only Muslims?

Mosque? What about Church., Temple, and Tabernacle?

Take the time to read the words in the list and see which ones, if any, are and should be a part of a student’s vocabulary.

Also, look at the lack of care in putting this together, for example the absence of a space before the entrees 10, 16-24, 26, 29, 30, 32-34, & 37. It shows a very poor attention to detail by those who wish to indoctrinate our youth.

Well, at least Europe gets a bit of attention.

Why would they want someone to know the routes of the four major Crusades? And, Israel had to be handwritten in — I wonder if someone might get in trouble for that.

Shouldn’t Americans first learn where the Mississippi, Colombia, Ohio, Potomac, and other American rivers are?

Why simply the geography of Islamic nations on untended conquests?

This, apparently, is the map that the elements of Page 5 are to be drawn on.

More Muslim geography. Only one European country. However, they fail to suggest that we should keep it that way. And, this whole exercise tends to suggest that they want the United States to, eventually, join the list of Muslim countries.

Now, we have some “fill in the blanks”. Not that “male” is included, however, “female” is not.

Who gives a damn where Islam was first preached?

They ask what countries Islam spread rapidly through, though they fail to ask why it spread rapidly, and how much blood was shed.

Now, they must learn all about Mohammad, but there is nothing about George Washington, Abraham Lincoln, Thomas Jefferson, and the scores of truly phenomenal, peace loving, Americans — that helped form this great country that we live in.

Now, we get into the religious foundation of Islam, in a school that outlaws the Bible.
That should be sufficient to justify burning the school, and some of the teachers and administrators, to the ground.

Now, we have a structure of government under Islam, but the students have yet to learn the structure of government in their own country.

That last question is the real kicker. I wonder what the acceptable answer might be.

Nothing about baptism, but very much about a very foreign, and strange, religion.

It seems that the student is supposed to learn, and perhaps participate in, the five pillars, though neither the Bible, or Christian prayer, are allowed in the school.

It also seems to support only one branch of Islam, the Sunni, since the Shia branch has twelve pillars.

So, conquest, and demonstration of a few basic practices that we have evolved into our more progressed society. They are not, however, demonstrative of something that would not have occurred without Muslims, and are probably more substantially developed than Islam could very have achieved.

Now, we have the Christian persecution of the Muslims, though we simply ignore the fact that the Muslims persecuted not only Christians, but Hindus, Buddhists, most of Africa, by execution, or committing them to slavery — which they still practice.

Now, at least, we see what happened in Europe (Spain, in particular) as a reaction, after the expulsion of the Muslims, to those who were not of the Catholic faith.