Outpost of Freedom blog

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

Gary Hunt
Outpost of Freedom
April 25, 2016

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

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

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

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

Gary Hunt
Outpost of Freedom
April 21, 2016

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

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

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

The Bundy Affair #10
Again?

Gary Hunt
Outpost of Freedom
April 18, 2016

My last article in “The Bundy Affair” was published on October 31, 2014.  That article was “The Revenge of the BLM“, when the Bureau of Land Management tried to promulgate new rules, in favor of critters and against the People of this country.  Their effort failed, and, well, I thought that was the end of the story.

Unfortunately, the government, like a spoiled child, does not like to lose, even when they are wrong.  It appears that we have returned to that age when the King can do no wrong, and when the people do stand up to them, forcing them into compliance with the Constitution and the limitations imposed on them by that document, their vindictiveness does not abate. Continue reading ‘The Bundy Affair #10 – Again?’ »

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

Gary Hunt
Outpost of Freedom
April 14, 2016

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

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

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

Memorandum

To: Refuge Manager, Malheur NWR

Through: Refuge Supervisor, OR/WA/ID

From: Chief, Division of Realty

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

The Harassment of the Hammonds
Act II – Decade of the Nineties
Scene 2 – June 28, 1994 – February 20, 1997

Gary Hunt
Outpost of Freedom
April 11, 2016

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

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

After the appeal was denied, Dwight chose to pull out the big guns.  His attorney, on June 28, 1994, filed Notice of Appeal with the Department of the Interior, Office of Hearings and Appeal {20-24}, in Arlington, Virginia.

On July 18, The Solicitor’s Office of the Department of the Interior, Northwest Region (Portland) filed a Motion and Memorandum to Dismiss the appeal {25-48}.

On July 15, 1994, the Office of Hearings and Appeals docketed the Appeal {50-51}.

On July 19, the Office of Hearings and Appeals acknowledged the receipt of the Motion to Dismiss and set August 5 as the date for Hammond to respond to that Motion {52}.

On July 21, Hammond’s attorney responds, citing the information contained in the Notice of Appeal as authority for the Office of Hearings and Appeals to hear the appeal {53-54}.

During this process, chronologically, another factor comes in to play.  Though the entire case is included with the documents, the Order for Summary Judgment {56-73} is included.  It appears that the Hammonds had filed against the Water Resource Department of Oregon and the Water Resources Commission, State of Oregon.  The action was to restore historical water rights at the “Bird Waterhole”. Continue reading ‘The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 2 – June 28, 1994 – January 22, 1997’ »

The Harassment of the Hammonds
Act II – Decade of the Nineties
Scene 1 – February 18, 1994 – June 9, 1994

Gary Hunt
Outpost of Freedom
April 8, 2016

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

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

Six years prior was the last record in the eighties.  The first correspondence in the Nineties, dated February 18, 1994, refers to a letter dated June 1, 1993 {2}, from Forrest W, Cameron, Refuge Manager.  However, the records obtained have no copy of the June 1 letter.  The February letter suggests that the June letter had responded to a violation of the conditions of a Special Use Permit, and the because of that violation, that no Special Use Permit would be issued for the 1994-95 grazing season.

This letter is to notify you of my intent to not reissue a Special Use Permit to you for haying and grazing privileges on Malheur Refuge. This decision will be effective beginning with the 1994-95 haying and grazing season.

My proposal to make this decision is based upon a pattern of lack of compliance with refuge regulations over several years, and more recently the trespass of several hundred head of your cattle and your total disregard for the integrity of the new boundary fence in the Webb-Knox Spring area of Malheur Refuge. After a formal warning to you in my letter of June 1, 1993, stating that further violation of any refuge regulations could jeopardize your refuge permit, you have violated those regulations again. Continue reading ‘The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 1 – Feb. 18, 1994 – June 9, 1994’ »

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’ »

Burns Chronicles N^o 17
“a speedy and public trial”

Gary Hunt
Outpost of Freedom
March 29, 2016

Is it for the government to interpret the Constitution, or is it for We, the People, to interpret that document, which, as is so clearly stated in the preamble, approved by us, through conventions of representatives in all thirteen then independent states under the Articles of Confederation?

There can be little doubt that Congress, the Executive, and the Judicial, must, in many instances, determine the intent of the Constitution.  The same was true under British rule.  However, when the government interpretation reaches the point of a gross deviation from intent, we cannot leave it to the government for that interpretation.  For, to do so allows the government to bypass the Amendment Process described in Article 5, and simply pass whatever laws they want.  When that happens, the Constitution is no longer in effect, and we are subjected to nothing less than a despotic government, failing to be government created by the Constitution, rather acting as an oligarchy, with no regard to the limitations imposed upon them by the Constitution.

So, in a larger sense, it must evolve to us, when the government so grossly misapplies those powers and authorities granted to it by the Constitution, to take, again, the reins of government, and to force those who claim to represent us back into their limited authority, by whatever means necessary.

The events in Harney County, Oregon, have brought a rather interesting light upon the actions of government.  So, we will begin by comparing some of their actions to historically recognized abuses, and then the remedies evolving out of those prior violations of our natural rights. Continue reading ‘Burns Chronicles No 17 – “a speedy and public trial”’ »

Burns Chronicles N^o 16
Ambush – Part 3
As Told and Retold by Government Witnesses

Gary Hunt
Outpost of Freedom
March 27, 2016

On February 18, 2016, the Tri-County Major Incident Team released a report prepared, primarily, by the Deschutes County Sheriff’s Office.  The publically available version consists of 360 pages, though the page numbering indicates that the entire report consists of at least 714 pages.  The officers involved are identified by assigned numbers, to protect their identity.  There are heavy redactions of experience of officers and substantial portions of their interviews.  References shown thus, {nn}, indicate PDF page numbers from the above linked document.

This article will point out discrepancies, disparities, and other portions that raise a question as to the objectivity of the published version of the report.  The document explains that when they do the interviews, they can use the names of the other officers or personnel, though those names will be replaced by numbers in the documentation.  So, when they speak of “Office #1”, we have no idea who he is, but the numbers remain constant for the various players, throughout.  There will be a distinction between “Officer #4” “DCSO 4”, the latter being on the investigation team, the former being an officer involved from Oregon State Police (OSP).  Italics will be used for direct quotes from the report.

The Cast – All Oregon State Police Officers and present at shooting scene:

Officer #1      Fired two rapid fire rounds into LaVoy’s back, first shooter; also fired three rounds at truck as it approached the roadblock

Officer #2      Fired one round into LaVoy’s back, was second shooter

Officer #3      Officer with taser, approaches LaVoy from tree line

Officer #4      Drove Gray truck

Officer #5      Non-lethal (40mm) single round

Officer #6      Driver of Root Beer Truck (Lead Vehicle)

Officer #7      Non-lethal (40mm) multi-launcher – 6 rounds

Officer #8      Second OSP in Root Beer Truck

Note: Interviews will be presented in the order that they appear in the Report.

Note that all vehicles, OSP and FBI, were unmarked. Dress was “civies” in Burns, change to tactical gear on deployment to US 395. Deployment was staggered to avoid scrutiny by militia. Radio communication was different between FBI and OSP, requiring mixed partnering in vehicles to share communications. There was apprehension that the militia in Burns would respond, if open communication were used. Continue reading ‘Burns Chronicles No 16 – Ambush – Part 3 – As Told and Retold by Government Witnesses’ »