Posts tagged ‘Constitution’

Camp Lone Star — A Favorable Ruling?

Camp Lone Star — A Favorable Ruling?

gavel

Gary Hunt
Outpost of Freedom
May 26, 2015

 

On March 30, Massey attended a hearing with testimony that was discussed in Camp “Lone Star — The Setup – Get Massey“. At the end of that hearing, since the government had not responded directly to the existing “Motion to Dismiss”, Judge Hanen allowed the Prosecutor until April 10, and the Defense until April 17, to file supplemental motions.

Massey’s attorney, Louis Sorola, submitted a First Supplement to Opposed Motion to Dismiss Indictment. However, rather than just arguing “case law”, though some was included, he ventured into the realm of “substantive law”, arguing two points with regard to the Constitution, and not just previous decisions.

Massey wanted to challenge jurisdiction, though he was too late to do so, having pled “not guilty”. He also wanted to question the constitutionality of the charges against him, for a number of reasons — most significantly, those discussed in “Camp Lone Star – Massey & The Clash of Laws“. However, his former attorney, Ed Cyganiewicz, refused to take the battle to the courtroom, preferring to go along with the game of “let’s make a deal”. Fortunately, Massey’s insistence in fighting, rather than just giving in, caused Cyganiewicz to withdraw from the case.

Providence, then, provided his next attorney, Mr. Louis Sorola. Sorola listened to Massey, and Massey provided him a copy of an article, Liberty or Laws? “Felon in Possession of a Firearm” is Not Legal or Lawful“, which addressed, among other questions, what Massey refers to as the “has-had” argument and the “equal justice” argument.

Sorola, faithful to his client (unusual, nowadays), did research, found that the “has-had” argument had not been argued, and then prepared the “First Supplement…” (linked above), and served it on the Court and Judge Hagen within the time allowed.

Word came back that after receiving the “First Supplement…”, the courthouse was “abuzz”. Apparently, Hagen was taken aback, and had no idea just how to deal with this new stick in the federal spokes.

The Argument

Let’s first look at the wording of the “felon in possession” statute, 18 USC § 922 (g), that is pertinent to the argument.

“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.”

That is it. The question is what does “has” mean, as written in the statute.

Now, we will look at the “has-had” argument (paragraph #4), from the “First Supplement…”:

The word “has”, as opposed to the word “had” was used in the statute. “Has” is the third person singular, present indicative, verb meaning active in the action just completed, where “had” is past tense and participle of the verb have, meaning in a previous situation. So, if one were the direct recipient, then the word “has” would be appropriate. However, if it were expansive, intended to include any firearm shipped in interstate commerce, then “had” would be the proper verb. The use of “had” would have meant to include any and all that “had” been so transported any time prior

Keep that in mind as we visit the “equal justice” argument “(paragraphs #14, 15), again from the “First Supplement…”:

[I]f you live in a state that manufactures a firearm, then you can possess it, as it has not been involved in interstate commerce. However, if you have ammunition that was manufactured in another state, then you are guilty because of the ammunition. If you live in a state that manufactures both weapons and ammunition, you can possess those “firearms” and ammunition. However, if you live in a state that manufactures one, the other, or neither, then you may have but one, or none. That seems to give preference to one state over another.

Further, this absolutely defies the concept of equal justice; it would defy the concept of Article IV, § 2, which states, “The Citizens of each State shall be entitled to all of the Privileges and Immunities of the Citizens of the several States.” It would mean that if one moved to another state, with what was legal, from the federal standpoint, in the state from which he began, he would be a criminal in the other state.

Before we look back to put some perspective on our argument, let’s visit another provision of the Constitution, not included in the argument, but relevant to our consideration, is Article IV, § 4:

“The United States shall guarantee to every State in this Union a Republican Form of Government…”

Under the authority so guaranteed, Texas enacted their own “felon in possession” statute, many decades ago. It provides that:

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM.

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

(1) after conviction and before the fifth anniversary of the person’s 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;

So, one “commits an offense”, unless his sentence for a felony, and any other supervision, etc., is five years, or more, behind him. Texas recognizes that the right to bear arms is restored when one has rehabilitated himself, and “stayed clean” for five years.

So, the Texas statute is in conflict with 922 (g) if we accept that “has” means “had”, and the impediment, the prohibition of possession, was not limited to the act of commerce, but was applicable to the rest of one’s life.

And, the “equal justice” provision, Article IV, § 2, is in conflict with 922 (g) if we accept that “has” means “had”, in that the application would be solely dependent upon the state that one lived in, rather than any sense of justice..

However, if we consider that “has”, as written, means “has”, as written and intended, and improperly applied in the “administration” of that law by the government, then there is no conflict between 922 (g) and either Article IV, § 2, or the right of Texas to enact laws under “a Republican Form of Government”.

* * *

Since April 20, when the court first received the “First Supplement…”, Massey and Sorola have been waiting, anxiously, for Judge Hanen’s ruling on the motions before it. Now Judge Hanen is busy dealing with the Department of Justice and their deceitful practice of defying his order in the Amnesty case, but after 4 weeks, there was still no ruling.

It seems that if Judge Hanen were going to rule against Sorola’s motions, it would be a no-brainer to simply rule, and get on with the trial. However, there was nothing except a very loud SILENCE from the Court, until May 20, when Judge Hanen delivered a rather interesting “Order“. The order indicates that Hanen still has to rule on two motions before the Court, and opens the door for another round of paperwork, (amendments to the previous positions), giving until May 29 to answer. He does cite the recent Henderson v. United States decision out of the Supreme Court, and though he finds that there is no “impact on the pending motions”, he leaves the door open, to allow the Prosecution every latitude.

Massey’s apprehension in quite understandable. He has been wearing an “ankle bracelet” since November 12, 2014, and has been under “Home Detention”, since that time (See “Camp Lone Star – Cruel and Unusual Punishments – Before Conviction“. His last motion was submitted on April 20, and so a month later, he finds that there will be nine more days of agonizing waiting for the ruling that will determine whether the Constitution and the laws of the State of Texas are supreme, or if Administrative Rules and Regulations override them.

So, why is Judge Hanen waiting so long to rule? Denying the motions would be such a simple task, though ruling that “Felon in Possession” is, well, unconstitutional, is not so easily accomplished. There is a likelihood that the government, facing such a loss, would appeal. Most judges prefer to not have a decision overturned by a higher court, so if he is going to grant the Motion to Dismiss, he apparently afforded every opportunity for the Prosecutor to attempt a challenge to the position presented in the “First Supplement…”, thereby minimizing the possibility of a successful appeal. And, of course, knowing that the government does not like to have its authority challenged, it might well be a career ending decision for Hanen to make. However, if others are willing to give their lives for the Constitution, then to end one’s career for such purpose is an act worthy of a true patriot.

Further, Judge Hanen has not rescheduled the planned June 4 Jury Selection, nor the Pre-Trial Conference, set for June 2, leaving just one working day from the final motions to trial start. This would lend one to believe that his intention is to rule in favor of the Motion to Dismiss Indictment, unless the government can scrape together a non-existent argument in opposition to “has-had” and “equal justice”. In which case, the trial would have to be scheduled even further down the road to allow for preparation.

It does appear that when Judge Hanen does pick up his gavel, it will come down declaring freedom for KC Massey, and a quandary for the government, as all those who have been convicted, or even pled guilty to “Felon in Possession” may have pled, or been convicted, of a non-crime.

Wolf Trap – Act I – Habeas Corpus – Scene 3 – Guardian of Personal Liberty

Wolf Trap – Act I – Habeas Corpus
Scene 3 – Guardian of Personal Liberty

scales

Gary Hunt
Outpost of Freedom
May 26, 2015

Setting the Stage: Joseph Story called Habeas Corpus “the great bulwark of personal liberty.” He did so as he, as well as did other legal scholars and various Supreme Court decision, because the founders knew that overarching government might attempt to suppress the rights of the people that had been so recently won, at great cost to the people. The inclusion of the “sacred writ” in the Constitution was to assure that their posterity would always have a means of challenging the federal government, when it went beyond those limits set by the Constitution.

The Truth About Habeas Corpus, the “Sacred Writ”

Now, let’s visit the remedy the Founders provided us, in the Constitution. It is fair to say that the Constitution was written with an understanding of both human nature and the incessant obsession in some to seek power solely for the sake of wielding that power.

In Article I, which is the Legislative Branch, § 9, clause 2, it provides that:

The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.

A privilege is a right that can be suspended.

So, exactly what does it mean? Let’s see what some early judicial scholars had to say.

In 1768, William Blackstone, in his Commentaries, provides insight into the necessity and requirements associated with this Writ of Right.

But the great and efficacious writ in all manner of illegal confinement, is that of habeas corpus ad subjiciendum; directed to the person detaining another, and commanding him to produce the body of the prisoner with the day and cause of his caption and detention…

[I]f a probable ground be shewn, that the party is imprisoned without just cause, and therefore hath a right to be delivered, the writ of habeas corpus is then a writ of right, which “may not be denied, but ought to be granted to every man that is committed, or detained in prison, or otherwise restrained, though it be by the command of the king, the privy council, or any other.”

In a former part of these commentaries we expatiated at large on the personal liberty of the subject. It was shewn to be a natural inherent right, which could not be surrendered or forfeited unless by the commission of some great and atrocious crime, nor ought to be abridged in any case without the special permission of law.

A remedy the more necessary, because the oppression does not always arise from the ill-nature, but sometimes from the mere inattention of government.

From the Constitutional Convention, we have Madison’s Records of the Federal Convention.

The privileges and benefits of the writ of habeas corpus shall be enjoyed in this government in the most expeditious and ample manner: and shall not be suspended by the Legislature, except upon the most urgent and pressing occasions, and for a limited time, not exceeding [blank] months.”

“Expeditious and ample” are easily understood, and, clearly, the intention of the inclusion of the “Sacred Writ” within the protection of the Constitution. Being the only “right” defined as a “privilege”, we need simply understand that it is the only enumerated right that is subject to legislative suspension, though only legislative.

William Rawle, in “A View of the Constitution of the United States” (1829), provides us insight into the perception of the Writ just forty years after the Ratification of the Constitution, and, clearly, as it was envisioned at the time.

Reasons will be given hereafter for considering many of the restrictions, contained in the amendments to the Constitution, as extending to the states as well as to the United States, but the nature of the writ of habeas corpus seems peculiarly to call for this construction. It is the great remedy of the citizen or subject against arbitrary or illegal imprisonment; it is the mode by which the judicial power speedily and effectually protects the personal liberty of every individual, and repels the injustice of unconstitutional laws or despotic governors. After erecting the distinct government which we are considering, and after declaring what should constitute the supreme law in every state in the Union, fearful minds might entertain jealousies of this great and all-controlling power, if some protection against its energies when misdirected, was not provided by itself.

If this provision had been omitted, the existing powers under the state governments, none of whom are without it, might be questioned, and a person imprisoned on a mandate of the president or other officer, under colour of lawful authority derived from the United States, might be denied relief.

The Honorable Justice Joseph Story, in “Commentaries on the Constitution“, will provide even more insight.

1333. In order to understand the meaning of the terms here used, it will be necessary to have recourse to the common law; for in no other way can we arrive at the true definition of the writ of habeas corpus. At the common law there are various writs, called writs of habeas corpus. But the particular one here spoken of is that great and celebrated writ, used in all cases of illegal confinement, known by the name of the writ of habeas corpus ad subjiciendum, directed to the person detaining another, and commanding him to produce the body of the prisoner, with the day and cause of his caption and detention… It is, therefore, justly esteemed the great bulwark of personal liberty; since it is the appropriate remedy to ascertain, whether any person is rightfully in confinement or not, and the cause of his confinement; and if no sufficient ground of detention appears, the party is entitled to his immediate discharge. This writ is most beneficially construed; and is applied to every case of illegal restraint, whatever it may be; for every restraint upon a man’s liberty is, in the eye of the law, an imprisonment, wherever may be the place, or whatever may be the manner, in which the restraint is effected.

Finally, we will visit Bouvier’s Law Dictionary (1856):

HABEAS CORPUS, remedies A writ of habeas corpus is an order in writing, signed by the judge who grants the same, and sealed with the seal of the court of which he is a judge, issued in the name of the sovereign power where it is granted, by such a court or a judge thereof, having lawful authority to issue the same, directed to any one having a person in his custody or under his restraint, commanding him to produce, such person at a certain time and place, and to state the reasons why he is held in custody, or under restraint.

7.  The Constitution of the United State Article 1, s. 9, n. 2, provides, that ” the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require it and the same principle is contained in many of the state constitutions. In order still more to secure the citizen the benefit of this great writ, a heavy penalty is inflicted upon the judges who are bound to grant it, in case of refusal.

It is pro8.  per to consider, 1. When it is to be granted. 2. How it is to be served. 3. What return is to be made to it. 4. The bearing. 5. The effect of the judgment upon it.

9. – 1. The writ is to be granted whenever a person is in actual confinement, committed or detained as aforesaid, either for a criminal charge, or, …under any color or pretence whatsoever

10. – 2. The writ may be served by any free person, by leaving it with the person to whom it is directed, or left at the gaol or prison with any of the under officers, under keepers, or deputy of the said officers or keepers...

16.  The habeas corpus can be suspended only by authority of the legislature. The constitution of the United States provides, that the privilege of the writ of habeas corpus shall not be suspended unless when, in cases of invasion and rebellion, the public safety may require it. Whether this writ ought to be suspended depends on political considerations, of which the legislature, is to decide

It is apparent that the inclusion of Article I, Section 3, clause 3, was included in the Constitution as a bar against overarching government, unconstitutional laws, and jurisdiction beyond that authorized by the Constitution.

Wolf Trap – Act I – Habeas Corpus – Scene 2 – Who is in Charge Now?

Wolf Trap – Act I – Habeas Corpus
Scene 2 – Who is in Charge Now?

Bureaucrats_at_work

Gary Hunt
Outpost of Freedom
May 23, 2015

Setting the Stage: Ten years after the Ashwander Decision, an Act of Congress established a far more authoritative agency structure, creating a Fourth Branch of Government. Though intended to affect less than 1% of the population, or so they said, it now affects nearly every one of us.

bu·reauc·ra·cy. noun

A system of government in which most of the important decisions are made by state officials rather than by elected representatives.

 

Administrative Agencies Rule Our Lives

The “Administrative Procedures Act of 1946” was submitted by Representative Pat McCarran, Democrat, Nevada, who gave us some insight into its purpose, when, in the Congressional Record, he said:

We have set up a fourth order in the tripartite plan of government which was initiated by the founding fathers of our democracy. They set up the executive, the legislative, and the judicial branches; but since that time we have set up fourth dimension, if I may so term it, which is now popularly known as administrative in nature. So we have the legislative, the executive, the judicial, and the administrative.”

What? A fourth branch of government? My Constitution only has three. Wouldn’t an Amendment be required to create a fourth branch?

He then goes on to say:

“[This bill], the purpose of which is to improve the administration of justice by prescribing fair administrative procedure, is a bill of rights for the hundreds of thousands of Americans whose affairs are controlled or regulated in one way or another by agencies of the Federal government. It is designed to provide guarantees of due process in administrative procedure.

So, he says that there are hundreds of thousands of people “whose affairs are controlled or regulated in one way or another by agencies of the Federal government.” The population of the United States, in 1946, was 150 million people. So, the “hundreds of thousands”, he didn’t say anything about a million, would constitute well less than one percent of the population.

There is an old saying that if you give an inch, they will take a mile. This appears to be an understatement when you consider that the less than 1% has expanded, in these past 69 years, to incorporate probably 99.9% of the people in this country.

This is, most certainly, NOT the limited government that was given to us by the Founding Fathers. Though we find that their foresight provided a means by which we could challenge that expansion (let’s be honest, usurpation) of authority in the limitations imposed upon that government. However, before we do, we need to look at what those men of integrity also told us of the consequences of such usurpations.

The Founders on Constitutional Limitations

Alexander Hamilton, in Federalist No 78, made clear the judiciary, especially the Supreme Court (which is the only court proposed at the date of his writing) was “the citadel of the public justice and the public security“, and, that “No legislative act, therefore, contrary to the Constitution, can be valid“.

Further, Justice Marshall, in Marbury v. Madison (5 U.S. 137), says that “an act of the legislature repugnant to the constitution is void“.

Prior to the ratification of the federal Constitution, the North Carolina Supreme Court, in 1787, first nullified an enacted statutes that was contrary to the North Carolina Constitution, in Bayard v Singleton (1 N.C. 42). They said that “if they could [enact legislation contrary to the constitution], they would at the same instant of time destroy their own existence as a legislature and dissolve the government thereby established“.

 

The next Scene will explain what the Founders did to protect us from such encroachments by the government that we created.

Wolf Trap – Act I – Habeas Corpus – Scene 1 – Limited Federal Jurisdiction

Wolf Trap – Act I – Habeas Corpus
Scene 1 – Limited Federal Jurisdiction

please-do-not-enter-without-Constitutional Authority

Gary Hunt
Outpost of Freedom
May 22, 2015

Setting the Scene: This Act is a series of scenes that will lead up to the events, the paper chase, that are going on in Montana, in an effort to persuade the Court to recognize that rights of William wolf and the limitations of federal authority, as conceived by the Founders. It will provide an understanding of what was, why it was, and what happened to deceive us into believing that it no longer existed. It will conclude with the ongoing effort to restore the proper relationship between the federal government and us.

* * *

From my early school years, I heard explanations pertaining to Habeas Corpus, the “Sacred Writ”. It could be used to remove you from unlawful detention; it could be written on a scrap of paper to be served; it could be served, on your behalf, by anyone who wanted to assist you in being removed from unlawful detention, and, perhaps even more. It was championed as fundamental to our liberty. However, little more was said of it, and it remained only as a mental symbol of something that, though not well explained, was one of the most important inclusions in the Constitution. So important that it was not included in the Bill of Rights, rather, it was part of that first venture into the creation of the new government that we have, today, the Constitution.

Understanding that circumstances might warrant the suspension of that “Sacred Writ”, the power to do so was left solely to the Legislative Branch of the government, and only “in Cases of Rebellion or Invasion the public Safety may require it.”

Interestingly, this fits nicely within that portion of the Fourth Amendment that states that you have a right “to be informed of the nature and cause of the accusation” against you. But, what do “nature” and “cause” mean? So, we will visit the language of the Founders; from Webster’s 1828 Dictionary, we find that “nature” is a noun, and that the appropriate definition is, ” The essence, essential qualities or attributes of a thing, which constitute it; what it is”. So, nature is the element (essence) from which the charges are brought. The “cause” is, quite simply, that which brings it about — the act.

So, the “cause” is the act that brings about the charges, and the nature is the source from which the law acquires its authority. And, in any act, for which a “cause” is brought by the federal government, it must also have a source of authority, that being only, and limited to, the Constitution. The Constitution provides for both authority of enactment of laws and limitations upon the jurisdiction within which it can apply those laws and impose penalties, if convicted of the act.

After all, we know that the Constitution was written to set limits upon the government that was created by that document. They granted to that government so created, both powers and authorities, and they imposed limitations upon it.

Most cases that go to the United States Supreme Court are based upon certiorari; that is to see if there were irregularities, or errors, at trial in the inferior court. These writs deal solely with whether the applicable laws, or standards of justice (due process), were properly applied. The decisions in such cases often have the appearance of creating not only detailed instruction as to interpretation of a law, rule, or regulation, but also often they go beyond that written law, serving to extend the authority of such law beyond that was intended by the Congress, when it was enacted. This, however, is based upon the presumption that it if a law is enacted by, or under the authority (rules and regulations), of Congress, it must be constitutional in its enactment.

What is does not do, at least in recent years, is question whether the law, even if constitutionally enacted, is imposed where the constitutional limitations preclude its applicability, i.e. jurisdiction.

Before we proceed further, perhaps understanding what a “writ” is, and what it is not, is necessary for perspective. It is not a court case, nor a lawsuit, nor a criminal prosecution against a person. Quite simply, it is “a form of written command in the name of a court or other legal authority to act, or abstain from acting, in some way.”

Limited federal Jurisdiction

Under Article I, § 8, clause 17, Congress has “exclusive legislative jurisdiction”. Under Article IV, § 3, clause 2, Congress may “make all needed Rules and Regulations”, with the caveat, “respecting the Territory or other Property belonging to the United States.” So, under these authorities, many ‘laws” are enacted that apply only to the extent that jurisdiction also applies. A good example of this is a law enacted in 1825 that gave the government the authority to punish “certain crimes against the United States”. We’ll let the act speak for itself:

“That if any person or persons, within any fort, dock-yard, navy-yard, arsenal, armory, or magazine, the site whereof is ceded to, and under the jurisdiction of the United States, or on a site of any lighthouse, or other needful building belonging to the United States, the sight whereof is ceded to them [United States], and under their jurisdiction, as aforesaid, shall, willfully…”

Take note that this does not apply to government property outside of that limited jurisdiction. The property must be to be on lands that are ceded and jurisdiction also ceded, within the authority granted by the Constitution.

For those interested, there are a number of Supreme Court decisions that support the requirement for a Constitutional nexus for an enactment of Congress to be valid and applicable, outside of that limited jurisdiction. These can be found in the article, “Habeas Corpus – The Guardian of Liberty“.

Now, what we have been taught and have been inclined to believe for our entire lives, is eviscerated, if we heed a decision of the Supreme Court, In Re Lane (135 U.S. 443), ruled on in 1890, in which a man was charged with rape, under federal law. The rape took place in the Oklahoma (Indian) Territory (unorganized), though the case was tried in Kansas (statehood in 1861). Lane was convicted and imprisoned in Kansas. Kansas punishment being less harsh, Lane attempted to challenge federal jurisdiction, opting to be punished under Kansas law.

The law under which he was charged and convicted of, had the jurisdictional, “in the District of Columbia or other place, except the territories, over which the United States has exclusive jurisdiction,” in its wording. Now, that wording, “other place, except the territories, over which the United States has exclusive jurisdiction” can appear to be misleading. However, the Court clarified that rather confusing statement by explaining that “except territories”, was not in the context of Article IV, § 3, clause 2 (needful rules and regulations), but rather, as those organized territories, seeking statehood — those which had been granted, by Congress, the authority to propose a constitution and to create Legislative, Executive and Judicial Branches, and were authorized to enact laws, administer them, and the judicial branch to provide a forum for justice. These same grants of authority were endowed upon the states, within the limits of the state constitution, by adoption of the state constitution and the granting of statehood. The extent of federal jurisdiction, the laws, rules, and regulations, was limited solely to the unorganized territories.

Supreme Court (and Inferior Courts) Don’t Want to Rule on Constitutionality

In 1936, the Supreme Court ruled on a case known as Ashwander v. Tennessee Valley Authority (297 U.S. 288). The details of the case are not something that we need concern ourselves with, though we must heed the words of Justice Brandeis, as he explained the seven rules that the Court had adopted in applying their judicial authority. The applicable rules are:

1.  The Court will not pass upon the constitutionality of legislation in a friendly, nonadversary, proceeding, declining because to decide such questions ‘is legitimate only in the last resort

4.  The Court will not pass upon a constitutional question although properly presented by the record, if there is also present some other ground upon which the case may be disposed of… Thus, if a case can be decided on either of two grounds, one involving a constitutional question, the other a question of statutory construction or general law, the Court will decide only the latter

5.  The Court will not pass upon the validity of a statute upon complaint of one who fails to show that he is injured by its operation.

6.  The Court will not pass upon the constitutionality of a statute at the instance of one who has availed himself of its benefits.

7.  ‘When the validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of the statute is fairly possible by which the question may be avoided.

As we can see, Rules 1, 4 and 7, are means by which the Court can avoid ruling on the constitutionality of a matter before them.

Rule 5 provides for a condition upon which one must have been injured to even challenge a statute, even as to constitutionality and jurisdiction. And, Rule 6 provides a bar against challenge, if a person “has availed himself of its benefits”.

So, we can see how extremely difficult it is to question constitutionality, jurisdiction, or to even find that you are in a position to challenge the lawfulness, of any act of Congress. But, we also have to understand the “nature” of those “statutes” referred to in the Rules.

In the Ashwander decision, it was pointed out that the Rules had been adopted over the past few decades, so this was really nothing new. Administrative agencies, though few at the time (Tennessee Valley Authority was one such agency), were relatively new. However, in an effort to expand constitutional authority beyond the limits imposed by the Constitution, and based upon the adoption of those Rules, Congress took another step, in 1946, to expand their authority beyond those limits. That will be the subject of Scene 2.

Camp Lone Star – Nor Shall Private Property be Taken…

Camp Lone Star – Nor Shall Private Property be Taken…

guilty of something

Gary Hunt
Outpost of Freedom
May 22, 2015

Massey received at “Notice of Seizure and Administrative Forfeiture Proceeding” from the Bureau of Alcohol, Tobacco, Firearms, and Explosives, dated November 19, 2014. In it, the government had listed weapons and ammunition, which, according to their assessment, total $1134.90. This included three .45 caliber and two 7.62 mm weapons, and over 2500 rounds of ammunition — do the math — the weapons, alone, would exceed the BATF total.

It contained both forms and inventories, listing the above items. And, there were explicit instructions on what to do to contest the forfeiture of the property. No compensation offered, just try as you might, ‘we are going to keep this stuff’.

It also cited various statutes, however, when Massey read the statutes, he did not see any applicability. If he goes to trial, the property would be evidence, and, if he doesn’t go to trial, the property should be returned. After all, it is theft to keep property if there was no crime committed with the property. But, after scrutinizing the documents, he realized that this was “civil forfeiture”, the taking of property just because they want to take it.

Now, Massey, not sure if they were trying to trick him into some sort of confession — professing to own weapons that he might not own, and realizing that there might be other traps in the forms that they wanted him to fill out, declined to complete the forms, and simply question their right to take property, under the circumstances.

So, within the time constraints in the document, he chose to respond, via correspondence, rather than government forms. After citing the many statutes that were referred to in the BATF letter, he writes, “I have read those cited sections, and I am at a loss as to what authority is being used to deny the owners said property. I see nothing that begins to suggest such authority within the context of those codes.”

He asks them to be more specific in their cited statute, and he reminded them that, according to the CAFRA Act of 2002, the Burden of Proof lies upon the Government, to wit:

18 USC 983 (c) Burden of Proof. – In a suit or action brought under any civil forfeiture statute for the civil forfeiture of any property –

(1) the burden of proof is on the Government to establish, by a preponderance of the evidence, that the property is subject to forfeiture;

Don’t you suppose that the government should have some idea of their authority, instead of trying to trick somebody into doing something that the person has no obligation to do?

So, just like in a ping pong game, another mailing from the BATF, in which they state:

As stated in your Notice of Forfeiture Proceedings letter, dated November 19, 2014, the Claim must identify the specific property being claimed; state the claimant’s interest in such property; and be made under oath, subject to penalty of perjury.

Are my eyes deceiving me? The government already listed the property, now they want Massey to list the property. They also want him to “claim an interest in [the] property“. But, they started the game. First, they took the property from Massey. Then, they told him what property they wanted him to forfeit. Now, they act as if they don’t know what property they are talking about, and they question his interest in the property.

Let’s get real. When they took the property from Massey, whether it was his, or belonged to someone else, he had taken responsibility for the property, unless, of course, it was stolen. So, he would also have the obligation to return the property to its rightful owner, one the government finishes with the circle-jerk. It makes me begin to wonder (well, I have wondered since back in 1993, Waco, Texas) whether the BATF (back then, we referred to them as Bat F#$ks) only hired retards, since they can’t seem to do anything right, and are more prone to screw it up worse than it was, one they set their minds (perhaps overly gracious) to work on it.

Anyway, that last BATF notice was dated December 18, 2014, and it also had attached lists of the mysterious property that they wanted Massey to identify.

So, on December 29, Massey responded. Now, though his response is linked, here, it is simply too wonderful to not insert portions of the response, here in this article. In response to BATF alleging that he had submitted a claim:

I am in receipt of your letter of December 18. It misrepresents that I submitted a claim for the return of property. What I sent you was an explanation as to the circumstances surrounding the property that you are endeavoring to seize.

So, now that they may have gotten that right, let’s move on to why Massey cannot respond to deal with the property and ownership, as the BATF would like him to:

First, the Court has barred me from any communication with members of Rusty’s Rangers. The property that you are seizing is owned by members of what the government refers to as “Rusty’s Rangers”. You have not noticed them regarding their property, though you have put upon me a requirement that I violate a court order, or make me responsible for the loss of property owned by members of “Rusty’s Rangers”. If I don’t violate the court order, then you will deny the rightful owners their property.

Then, he returns to the very laws that BATF is attempting to enforce or misinterpret,

I also brought to your attention that you have not stated why the property was seized and subject to forfeiture. You throw a number of codes out, though each of them is so broad in its construction, that I have yet to find any presumed authority for the forfeiture.

Notwithstanding that what you are attempting to do is clearly in violation of the Fifth Amendment to the Constitution, I find that you also fail to meet your statutory obligation under 18 U.S.C. § 983

(c) Burden of Proof. – In a suit or action brought under any civil forfeiture statute for the civil forfeiture of any property

(1) the burden of proof is on the Government to establish, by a preponderance of the evidence, that the property is subject to forfeiture;

So, how can the government demonstrate a burden of proof, when there is no charge associated with which the burden can be demonstrated? A specific criminal, or other act, under the laws of the United States would have to be submitted as a cause of action, and then the burden of proof, by a preponderance of evidence. I see no evidence with which you might, in the most ludicrous manner, attach a “burden of proof”. It is that which I am seeking, and, it would appear that this would have to be provided prior to any requirement for me to file a claim for the property of others.

Well, that was sent to the BATF via Fed Ex, so they have had over 5 months in which to see if they can do more than sling words, without meaning or context. And, since no Order has been filed on the case, or provided to Massy, we must presume that the whole matter of forfeiture is on hold, and that Massey will be able to return all of the property to the rightful owners, once the case is dismissed (see next article).

In the meantime, maybe those BATF officials have returned to school to learn something other than intimidation is behind the laws of this country.

 

April 19, 2015

April 19, 2015

flagl

Gary Hunt
Outpost of Freedom
April 19, 2015

Twenty years ago, today, the Murrah Federal Courthouse, in Oklahoma City, was bombed by 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. Some of the motivation behind this act was a response to the efforts of government, just two years earlier, to divest some people of their right to bear arms, and other infringements of the Constitution.

Twenty-two years ago, today, agencies of the federal government murdered over 80 people; in Waco, Texas; men, women, and children, in their own home/Church. Again, divesting the right to bear arms, and other constitutional infringements were the underlying elements in this event.

Two-hundred and forty years ago, today, more than 80 men stood on Lexington Green to demonstrate dissatisfaction with the government’s effort to divest them of their constitutional and sacred right to keep arms.

Today, K. C. Massey’s attorney, Louis Sorola, filed (electronically) a Motion to Dismiss the Indictment upon which the government’s case against Massey rests. That motion is an objection to the government’s attempt to divest Massey of his right to bear arms, by overreaching constitutional authority.

There are two elements in each of these events. First, arms; Second, the Constitution

Now, the government and Mainstream Media downplay the latter and demonize the former. And, that has become the underlying creed of law enforcement, as demonstrated by the short (45 second) video clip, “Sheriff’s Deputy Admits MRAPs Are For Constitutionalists“. Though the jurisdiction and the date of the video are not known (unless someone comes forward with that information), it is apparent that the two deputies are serious in what they say:

Deputy #1: “We’ve got a lot of constitutionalists and a lot of people that stockpile weapons, a lot of ammunition, and they have [intelligible] weapons here locally.”

So, the first Deputy sees danger in “constitutionalists” stockpiling weapons and ammo. He sounds a lot like General Gage, military governor of Massachusetts.

Deputy #2: “It’s worldwide. The world is unstable now; you look anywhere, you watch the news.”

As to the second, what is “worldwide”? The fear of constitutionalists is an international problem? “Hey, buddy! Yeah, you, the deputy, don’t you work for this county? What are you doing dealing in international matters?”

As George Santayana said, Those who cannot remember the past are condemned to repeat it.

Have we learned? Can we remember? What, possibly, can the government do to return to the Constitution, and avoid the violence that they have already begun?

Let us not slide further into that abyss of abject slavery and obedience to a government that was supposed to belong to us.

 

Government’s purpose is to govern the Government,
Not to govern the People.

 

Wolf Trap – Keep Your Trap Shut

Wolf Trap – Keep Your Trap Shut

tape in jail

Gary Hunt
Outpost of Freedom
April 15, 2015

 

In this day and age, no one knows any one’s phone number. They either click the name, or speak the name into the phone. So, what happens when your phone is taken away, and then you get to make a phone call from a detention center?

Wolf was arrested in March 26. We found out about the arrest that day, and that he was detained at the Yellowstone County Detention Facility. It appears to be a county run, rather than a contracted facility; however, their phone system is quite profitable for the contractor. A collect call from an inmate costs $3.75 for the first minute and then a $1.00 each additional minute, with calls limited to 20 minutes. However, if they have money in their Commissary Account, they only pay 35¢ per minute, same limit.

Wolf received my Priority Mail envelope on Monday, March 30, and, since my letterhead had a phone number, he called me, beginning our communication. He understood what I had asked, answered some of the questions I posed, promised to provide a written account of the incident that led up to and culminated in his arrest on federal charges. We also discussed a legal maneuver, the Demand for Habeas Corpus (See Habeas Corpus – The Guardian of Liberty) and exactly how to proceed with it. He affirmed that he had executed the Power of Attorney, and he knew exactly how to proceed the next time he was in front of a judge. Undoubtedly, the call was recorded or monitored, so I’m sure that they were privy to our objective. It appears, however, that it took a couple of days for the jailers to get instructions, find somebody to make a decision, or otherwise decide that he should no longer be able to communicate with those outside. Our last phone call was Thursday, April 2.

He had asked that I pass messages on to R, T, C, and N, which I did, immediately after our first conversation. R was in communication with him and made sure that there was money in his commissary, so he was able to call out until April 2. In addition, he assured me, on the 2nd, that the written account would be sent as soon as he could get an envelope and stamps.

After contacting R and others, I found was not the only one who had received no mail or phone calls from Wolf. I decided that I wanted to shake some things up. I wrote a letter and for tracking purposes, sent it Priority Mail. For the purpose of this article, the pertinent portion of the communication is as follows:

April 10, 2015

I called the detention center and all they could tell me was that you had money in the commissary fund, which means that unless something untoward has occurred, I should have heard from you, as should T & R have heard.

This is rather concerning, and I think that you can understand why. So, here is what we/I will do.

I will expect a phone call from you the day that you receive this letter. If I do not hear, in a reasonable amount of time, there are two assumptions that I can make.

First, that you are holding out communicating, perhaps hoping that we, outside, will react, and act. This is not going to happen. We have a remedy, or two, and I fully expect that there will be a resolution. However, that would lead me to take the third step, which, if nothing else, would be rather embarrassing to you when the truth came out.

Second, it is possible that they have put you in a hole and incommunicado. I would not be surprised at this, as I have heard from a couple of attorneys working on federal matters (you know who they represent) that have decided that, to be kind, I am no friend to them. It seems in the second matter, they have gotten blowback that they never expected. We should find out, soon, what the consequences are. If, however, they have treated you in the manner suggested, that also moves me to step three. This would result in extreme embarrassment on the part of both the Detention Facility and the federal yahoos. And, because of the recent Texas story, MSM may be beginning to listen to us.

So, what is step three? Quite simply, I contact Billings Gazette, other local newspapers, and some local radio and television stations, and explain that they have put you in a black hole and incommunicado. Absent charges, bail, or any information on you. It will fare poorly for the responsible party. I would not want to be in their shoes.

I’m sure that my articles on the subject will elicit additional participation by my hundreds of followers (I will give them all of the appropriate contact information).

So, you (those reading this communication) are advised.

Priority Mail tracking indicated that it was delivered to the mailbox on Monday, April 13. This time, I heard nothing and have no idea whether they had violated federal postal laws (remember, he has yet to be officially charged with a crime) and refused to give him my letter. I still do not have an answer to that question.

However, he managed to get a call out to V, Tuesday, April 14, morning. V then advised us, via email, of the rather cryptic communication received from Wolf, which reads as follows:

Wolf called me this morning from YCDF.
He said he is under a communication block – his mail is being read, mail comes without envelopes, and they won’t let him have any mailing out material,
He said that “thing from his regular guest” will probably be blocked. I don’t know anymore and he didn’t explain any more.
He said he isn’t charged yet, and no bond. He’s being blocked from access to his Attorney in Fact.
Sorry his was so cryptic, but I’ve tried to relay it the way he said it.

The “thing from the regular guest” is, of course, the Habeas Corpus. The Attorney in Fact is the same as the preparer of the Habeas Corpus.

I spoke with V and he informed me that Wolf said that since he had called V, V would now be put on the “blocked” list — no longer able to be called. Why he was allowed to call anyone is surely a question to be answered. Is it possible they can block calls without cause? Is it possible that calls are monitored for content? Has Wolf been given a list of prohibited content? Or, do they just make the shit up as they go?

On a more positive note, early this afternoon, R received mail with the executed “Memorandum in support of Habeas Corpus”, the Power of Attorney, and the long awaited account of Wolf’s side of the story. This was accomplished only because Wolf managed to find someone to mail out for him what the Detention Facility would not allow him to mail out.

What is abundantly clear is that though he was arrested on March 26, he has told me that he insisted on a Grand Jury Indictment, in accordance with the Constitution. “They” said that the case would go before a Grand Jury, though we do not know when. He is being held, without bond and without charges, as shown on the YCDF inmate search page. With his last name, “Wolf”, in the search box, you get this:

150415 YCDF01

Then clicking either his name or the “Charges” link, you get this:

150415 YCDF02

So, Wolf has been held in jail for 20 days, without charges and no bail set. Though he initially had some communication privileges (incoming mail and phone, but no outgoing mail), those have been curtailed to no privileges, at all, unless he can continue to devise means to communicate. If the pattern holds, and he is only able to make one call to a person, who is then blocked, then it cannot be even remotely considered communication. The only thing missing is a damp, dark dungeon.

Update – April 14, 2015: Wolf has directed the documents that he was supposed to send me, and a letter, through the Defense Attorney that has been assigned to him. He has managed to circumvent the restrictions, at least to some degree. That would suggest that he still has his spirit up and is not yielding to their attempts at intimidation. However, and I agree with him, he did say, “They will not win!” More on this, later.

 

Government’s job is to govern the Government,
Not to govern the People.

Wolf Trap – The Setup

Wolf Trap – The Setup

wolftrap

Gary Hunt
Outpost of Freedom
April 14, 2015

 

On March 26, 2015, a Montana radio host, William Wolf, was arrested by the FBI (not the BATF) in violation of 18 US Code §922 (o)

(o)           (1) Except as provided in paragraph (2), it shall be unlawful for any person to transfer or possess a machinegun.

(2) This subsection does not apply with respect to—

(A) a transfer to or by, or possession by or under the authority of, the United States or any department or agency thereof or a State, or a department, agency, or political subdivision thereof; or
(B) any lawful transfer or lawful possession of a machinegun that was lawfully possessed before the date this subsection takes effect.

The “machine gun” in question may have been legal, until modified by the FBI, as explained in the Criminal Complaint. So, let’s look at some of the information gleaned from the Complaint (underlining, mine):

During [a] meeting [September 30, 2014], Wolf expressed interest in CHS [Ed Gray] introducing Wolf to a former colleague who could possibly provide technical or monetary assistance in building the gun [this would be a flame throwing gun that had previously been mentioned].

Yes, the informant was Ed Gray. I got this information directly from Wolf, before communications were cut off — but that is another story.

On October 10, 2014, a CHS [Confidential Human Source – Ed Gray] introduced Wolf to the colleague, who in actuality was a FBI undercover employee (“UCE”).

Gray brought his agent (handler) in to meet Wolf.

At one point during [a] meeting [December 18, 2014], the UCE stated to Wolf that he would ask his contacts about acquiring a flamethrower for Wolf. Wolf immediately replied, “Try to get me a Russian automatic shotgun too.”

[In a footnote] The possession of the type of flamethrower described by Wolf to the UCE is not regulated under the laws of the United States and thus would not violate federal law to possess such a device.

According to Wolf, the offer was made and then he made the request.

The FBI acquired a firearm with the specifications desired by Wolf—i.e., a Saiga-12 fully-automatic shotgun with a shortened military grade barrel. FBI Headquarters modified a semi-automatic Saiga-12 gauge shotgun to a fully- automatic with a shortened barrel.

So, the FBI manufactured an Automatic shotgun from a Semi-automatic shotgun.

The CHS stated that in addition to the $600.00 previously arranged for by the UCE [Ed Gray], an additional $125.00 was necessary due to the conversion of the shotgun to fully automatic. Wolf agreed to the pay the extra $125.00 for the conversion.

So, now the cost, since they couldn’t come up with what the said they could, goes from $600 to $725. not really significant, except with regard to detail.

The UCE informed Wolf that his “supplier” was a Class III dealer and had converted the firearm from semi-automatic to full- automatic, to which Wolf acknowledged.

On March 26, Wolf took possession of the shotgun and,

Wolf then paid the UCE $720.00 for the firearm and took possession of it from the UCE. Wolf placed the encased firearm into his vehicle. Wolf was then taken into custody by the FBI without incident.

There is that picky detail. The bill was for $725, according to the previous agreement. The UCE only got $720. I suppose that they were so excited that they were wetting their pants because the managed to entrap Wolf, or, they just aren’t concerned with details in their reports.

The Complaint then ends with the:

CONCLUSION

Based on the information contained in this Affidavit, there is probable cause to believe that William Krisstofer Wolf knowingly possessed a machine gun, in violation 18 U.S.C. § 922(o).

First, let’s look at what they did and question the legality, and then at why they did it, and question the legality.

What They Did

As I understand it, if I wanted to purchase a machine gun and went to a gun store operated by a Class III licensee, he would hand me some paperwork for a background check and some paperwork for the Class III license. I would complete the forms and return them to him. He would then submit the forms to BATF and if the background came back clean, then the Class III license would probably also be issued.

However, if I went to the same gun store and said that I wanted to purchase a machine gun, and they said that will be $725 dollars, and if he didn’t require me to complete any paperwork, background check or Class III license application, I must assume that I am in compliance, as it is his legal responsibility to take the aforementioned steps to comply with his license. If I accepted that offer, he then took my money and handed me the machine gun, I would have satisfied every obligation placed upon me by a federal licensee.

The UCE was presented as, and did not deny, that he was a Class III licensee. So, who is the criminal party?

But, let’s assume that there is exception to 18 US Code §922 (o) (posted above). Well, there are two exceptions. The second exempts anybody who had acquired the machine gun prior to effective date of the rule.

The interesting one, however, and reading it with full regard to the punctuation (we are still a nation of laws, not of man, I presume), we can see that it says, as the first exemption (ellipsis … connotes words omitted for clarification):

(A) a transfer… by… the authority of the United States or any agency thereof…

So, if it was transferred by an agency of the United States, it is exempt, as per §922 (o) (2) (B). However, if as was represented by Ed Gray, that UCE was a Class III licensee, then it is not exempt, however, the guilty party (criminal) is not the one that relied upon the licensee, rather it is the licensee who violated the conditions of his license and the federal rules. This doesn’t even venture into who modified a semi-automatic rifle into an automatic, and whether he was properly (legally) authorized to do so.

That aside, though very significant, we can still rely upon the Complaint to determine what the focus of their efforts was — the motive for the set up and entrapment. After all, we all know that every crime has a motive. It is the government’s motive we are pursuing, for if there was a subsequent crime resulting from the government’s crime, which one is more important for us to concern ourselves with?

Why They Did It

Wolf made clear in his various meetings and radio shows what he thought of the government, which most of us already see as a bit out of hand. So, in one radio show, beginning back in November 2013, he presented his purpose,

to educate the public on how to counter action at the local, state and federal levels that were viewed as overstepping on constitutional rights… Over the next twelve months, Wolf repeatedly espoused his contempt for local judges, law enforcement, the county attorney, city and county commissioners, and the agents and agencies of the federal government.

Perhaps a bit overbroad in its inclusiveness, but not beyond the sympathies of many. He also called for:

Wolf called for a “restoration of the constitutional government.”

and

Wolf stated on multiple occasions that he considered agents of the government (local, state, or federal) to be the true enemy to the American people.

In a July 2014 radio show,

Wolf asked his program listeners “Are you willing to attempt a restoration of our constitutional government? Because that is what we are going to do.

And, in a December 18, 2014

Wolf described his plan to conduct a meeting in late January 2015 for the purpose of educating the public about “committees of safety.” Wolf viewed these committees of safety as the last peaceful method to address his grievances with the government.

So, though he referred to the historical Committees of Safety, and is seeking a peaceful solution, they seem to be offended by the function of Committees of Safety being the means of peaceful redress of grievances and the right of self-defense, and the defense of others.

Obviously, they don’t like the way the Wolf talks about dealing with the problem, and they can’t charge him with sedition, nor can the charge him with unlawful speech, so they have committed criminal acts against him in order to entrap him into committing acts which may appear criminal, though, as explained above, are not.

Vermont – The Fourteenth Colony

Vermont

The Fourteenth Colony

Vermont flag

Gary Hunt
Outpost of Freedom
October 1997 (Revised March 23, 2015)

 

There is no doubt among Americans that there were thirteen colonies engaged in the struggle with Great Britain just over two hundred years ago. Most will recognize names such as the Green Mountain Boys, Ethan Allen and the Battle of Bennington. Few, however, recognize the role played by this isolated area in our quest for independence.

Vermont, geographically nestled between New York and New Hampshire, was, without a doubt, part of the number that cast off British control of the colonies. Both geographically and evidenced by their full participation, they were as much a colony, that arose from the conflict as, any of other thirteen colonies.

In an area known as the New Hampshire Grants, in lands which were disputed between New York and New Hampshire, lay some rugged and mountainous terrain. The people carved their niches and felt no allegiance to either of the two colonies. After their declaration of independence from Great Britain, they also declared themselves free from New York and New Hampshire.

In 1777, Vermont established its Constitution, basing the right of Vermonters to establish self government on the Declaration of Independence, with its declared right to self government. Ironically, the authors and defenders of the right to self-government and separation from ALL British control denied Vermont the right to self-government and chose to abide by geopolitical boundaries established by the British Parliament. They failed to recognize the right of the people in the disputed lands to establish their own government, in direct opposition to the words by which they declared themselves “free and independent.”

This is not to say that Vermont was denied recognition. From 1777 through March 4, 1791, when Vermont became the first state entering the Union under the Constitution, there are many historical passages that recognize the importance of this state and its true relationship with the War for Independence.

The primary source of political opposition to Vermont’s admission to the Union came from New York. Some of the lands within Vermont were claimed as lands granted to New York. These outstanding claims by the very large and powerful New York caused the Continental Congress and subsequent Constitutional Congress to refuse to even discuss the entry of Vermont as a member of the Union. It wasn’t until 1790, when Vermont agreed to pay $30,000 for the disputed lands, that New York finally removed its opposition, opening the door, finally, to Vermont’s admission.

Vermont, during the course of these events, was the only true “free and independent” colony among the fourteen who had taken on the British. Of all of the states to enter the Union after the first thirteen, only Vermont was required to ratify the Constitution as a condition of entry. Although the entry of Kentucky was approved by the Congress on February 4, 1791 and Vermont on February 18th, the entry of Kentucky was delayed until June 1st so as to allow Vermont’s entry prior to Kentucky, on March 4, 1791.

Further proof of the recognition of Vermont as a true member of the original Union lies in the fact that it is the only state, other than its 13 brothers, allowed a vote to ratify the Bill of Rights, ratifying the ten amendments on November 3, 1791.

Vermont’s admission was recognized, at the times, as a closing of a circle. From the Vermont Gazette of January 24, 1791:

ALBANY [New York], January 13.

XIVth PILLAR OF OUR FREE AND HAPPY FEDERAL GOVERNMENT

Yesterday morning, the pleasing intelligence of our sister state, VERMONT, having adopted the american constitution, by a state convention, was received by a gentleman of character from that quarter — and at one o’clock, the independent company of artillery paraded, in uniform, and fired a federal salute of 14 guns from Forthill, which was followed by three cheerful huzzas, from a number of our most respectable citizens. This agreeable event, which closes the circle of our federal union, cannot fail of being received with the utmost satisfaction by all americans, of every description, who are friends to order, unanimity, and good government, and to the true welfare of our happy country.

Waco A Lesson in History – Part I – Looking Back at Waco

Waco – A Lesson in History

Part I
Looking Back at Waco

waco_room_223

Gary Hunt
Outpost of Freedom
March 4, 2015

 

On February 28, 1993, the Bureau of Alcohol, Tobacco and Firearms (BATF), raided the Branch Davidians Church, just outside of Waco, Texas. After a firefight lasting about 2 1/2 hours in which the Davidians continue, through 911, to have the firing cease, the BATF finally withdrew, with their tail between their legs. The body count was four dead agents and four dead Davidians (a fifth died within a few days). BATF had far more injuries than the Davidians, and they did not accomplish their mission. Disgraced because of the failure of the ill-conceived plan for the raid, the big brother, the FBI, came in and took charge of the remaining operation.

Mainstream Media began coverage within hours, and would remain for the next 51 days. However, for the most part, the news that they “gathered”, and then fed to the majority of the American people, was nothing more than a rewrite of the daily FBI Press Conference, complete with coffee and donuts.

These events happened before the Internet became readily available, so that alternate media was relegated to fax networking and sympathetic radio talk shows.

Though I arrived in Waco on the evening of March 5, my reports didn’t begin flowing until March 8. Arrangements were made with Ken Varden, who had recently set up operation as the American Patriot Fax Network (APFN), while I continued to write under my recently established Outpost of Freedom. These reports, as well as additional information and pictures taken during and shortly thereafter, see Waco White Papers

Because of limitations (Ken used two fax machines to fax out each report to 800 people, each report), which it took all night to fax out to all recipients, I was limited to one page faxes. As a result, my releases were generally a supplement to the broadcast news, or clarification of MSM reported events.

What we didn’t know then was what the long-term effects of Waco would be, especially to the patriots of this once great nation. Time, however, has provided many answers to many questions, and we can also see that many recent events, such as the shooting, by “law enforcement officers”, of unarmed people, and then cheap rationalizations to justify the “legality” of those actions, has grown far beyond what occurred, over two decades ago.

Many of those currently involved in patriotic activates tend to look at Waco as ancient history, not realizing what we have learned about the misdeeds of government, and how those have expanded into what has become standard operating procedure of the government.

It is well worth your time to set aside a few hours and “bone up” on that travesty of American Justice. Look at what we learned over the next six years as a type of after action report from which we can define the Modus Operandi (method of operation) of government, and where it was born.

Links to the other parts:

 

Waco A Lesson in History – Part II – Rules of Engagement

Waco A Lesson in History – Part III – A New Revelation

Waco A Lesson in History – Part IV – The FLIR Project