Outpost of Freedom blog

The Harassment of the Hammonds
Act I – Decade of the Eighties
Scene 1 – Introduction

Gary Hunt
Outpost of Freedom
March 1, 2016

Long before the fires (controlled burn in 2002 and a backfire to protect their own property in 2006) that resulted in Dwight and Steven Hammond being imprisoned for 5 years, the dispute over their rights had begun. Nearly four decades of harassment had been directed against them, until, finally, the government could make a very meager case, using a law enacted to cover terrorism, and applied to the Hammonds for doing what the government does, on a regular basis.

The Hammond family had been ranching in Harney County, for many years. They had been grazing on allotments on public lands, and as any rancher, they sought to resolve problems, though resolution had to be practical.

When the Bureau of Land Management (BLM) was the overseer of the land in question, no problems arose. However, when the Fish and Wildlife Services (FWS) became the controlling agency, the protection of wildlife and plants, even to an absurd extreme, became priority, at the risk of a way of life.

The information (cited documents) in the following series, being public records with no indication of any security or confidentiality, were obtained in order to record the history of the Hammond’s relationship with various agencies, in order to continue their business of cattle ranching as they had become accustomed. The documentation revolves around the Malheur National Wildlife Refuge (Refuge).

After 1988, it appears that he problem was solved, as there is no correspondence or entries in the folder to indicate any problems or harassment.

Then, in 1994, we see that the Refuge, once again, tries to obstruct the traditional and historical rights of the Hammonds.

This first Act will cover the decade of the eighties. The second act will cover the decade of the nineties. Throughout Act I, you will find numbers shown thusly, {nn}. They refer to the PDF page numbers in the “Hammond Legal Trailing Part I” PDF file, that being only a portion of the recovered documents. More will be brought out in Act II.

The Harassment of the Hammonds – Act I – Scene 2 – October 24 1986 – March 20 1987

The Harassment of the Hammonds – Act I – Scene 3 – April 2, 1987 – April 15, 1987

The Harassment of the Hammonds – Act I – Scene 4 – May 6, 1987 – April 22, 1988

The Harassment of the Hammonds – Act I – Decade of the Eighties- Scene 5 – May 2, 1988 – May 9, 1988

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

The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 2 – June 28, 1994 – Feb. 22, 1997

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

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

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

The Harassment of the Hammonds – Act II – Decade of the Nineties – Scene 6 – Feb. 25, 1998 – Jan. 12, 2004

Burns Chronicles N^o 10
Is There a Peaceful Solution?
Redux
Representative Greg Walden

Gary Hunt
Outpost of Freedom
February 22, 2016

In a previous article, “Is There a Peaceful Solution?“, I included a link to a video. Based upon a number of comments, it appears that many decided not to watch the video, instead filling in the answers, for themselves. They continue to assume that there is a peaceful solution to the problems that we are facing in dealing with the federal government.

Understand that Representative Walden spoke to the House of Representatives on January 5, 2016, just 3 days after the Malheur National Wildlife Refuge was occupied, though the occupation had nothing to do with being “armed”; and the day after Dwight and Steven Hammond turned themselves over to the Bureau of Prisons, at San Pedro, California — to serve the harsh sentence imposed by the Appellate Court, not by the trial court.

I have underlined the more significant portions of what Rep. Walden had to say, so that you can fully understand that the administrative agencies tend to ignore the laws enacted in accordance with the Constitution, by that branch that has the sole authority to enact laws. The specific wording of that provision of the Constitution:

Article I, Section 1:
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

For those who believe that there is a peaceful solution, I can only ask, “Just how do you propose to achieve that solution, when the laws are ignored by the government, when they choose, and misapplied (as in the Hammond case) when they choose?”

* * *

Mr. Speaker, I am sure my colleagues are aware of the situation in Harney County, Oregon, where a group of armed protesters have overtaken a Federal facility in the Malheur National Wildlife Refuge.

This group is led largely by people who are not necessarily from Oregon, although they obviously have supporters from Oregon. They were originally there to protest the sentencing of Dwight and Steve Hammond.

I know the Hammonds. I have known them for probably close to 20 years. They are longtime, responsible ranchers in Harney County. They have been sentenced to prison not once, but now twice. I will get into that in a moment.

The point I want to make at the outset is for people in this Chamber to understand what drives people to do what is happening tonight in Harney County.

I have had the great honor and privilege to represent Harney County for a number of years. I have seen the impact of Federal policies from the Clinton administration to the Obama administration. I have seen what happens when overzealous bureaucrats and agencies go beyond the law and clamp down on people. I have seen what courts have done. I have seen the time for Congress to act and then it has not.

I want to put this area in perspective because I think it is really important to understand how big this region is. By size, my congressional district in Oregon is something like the seventh or eighth biggest in the Congress. If you overlaid it over the east coast, it would start in the Atlantic and end in Ohio.

The county where this occupation is taking place–Harney County–is over 10,000 square miles. There are 7,000 souls inhabiting it. If my math is right, that is one person for every 1.4 miles. One person for every 1.4 miles.

Just this one county is 10 times the size of Rhode Island. It is larger than the State of Maryland. And 72 percent of it is under the command and control of the Federal Government.

It is the public’s land. That is true. But what people don’t understand is the culture, the lifestyle, of the great American West and how much these ranchers care about the environment, about the future, about their children, about America, and how much they believe in the Constitution. Now we see the extent they will go to in order to defend what they view as their constitutional rights.

***

But, I want to talk about what happened with the Hammonds. I want to put in perspective what happens almost every year in my district. That is these enormous wildfires.

The Miller Homestead Wildfire in 2012 burned 160,000 acres, mostly in this county, if not all; 250 square miles, a quarter of the size of the State of Rhode Island. That was just in 2012.

The Barry Point Fire that year, in Lake County, next door, burned 93,000 acres. Last summer alone, we burned 799,974 acres across Oregon; that is both forest and high desert. In 2012, 3.4 million acres burned in Oregon.

There was another fire in Malheur County. The Long Draw Fire, in 2012, burned 557,000 acres, five times the size of Rhode Island. So 93,000 acres, 557,000 acres, 160,000 acres, all burning.

The Hammonds are in prison tonight for setting a backfire that they admit to, that burned 139 acres, and they will sit in prison, time served and time going forward, 5 years, under a law that I would argue was never intended to mete out that kind of punishment, and I will get to that in a moment.

***

When Secretary Babbitt, the Interior Secretary at the time, came before the House Resources Committee, of which I was a member, I said, Mr. Secretary, your own resource advisory committees in the area just reported that there was no need for additional protection on Steens Mountain, and yet, you and the President are threatening to create this national monument. Why do you waste the time of the citizens to go through a process to determine if additional protections are needed and then ignore what they came up with?

To Bruce Babbitt’s credit, he agreed when I told him: I think you would be surprised about what the local ranchers and citizens of Harney County would be willing to do if you give them a chance. To his credit, he said: All right, I will give them that chance. And, he did.

We went to work on legislation. It took a full year. I worked with the Hammonds. I worked with Stacy Davies, I worked with all kinds of folks, put a staffer on it full-time, multiple staffs, and we worked with the environmental community and others. And we created the Steens Mountain Cooperative Management and Protection Act, model legislation, never been done before, because I said: We don’t have to live by past laws, we write laws.

So, we wrote a new law to create a cooperative spirit of management in Harney County. The Hammonds were part of that discussion. We saved a running camp, Harlan Priority Runs. We protected inholders. We tried to do all the right things and create the kind of partnership and cooperation that the Federal Government and the citizens should have.

Fast forward on that particular law. Not long after that became law, and it was heralded as this monumental law of great significance and new era in cooperation and spirit of cooperation, some of those involved on the other side and some of the agencies decided to reinterpret it. The first thing they tried to do is shut down this kids’ running camp because they said: Well, too many, maybe more than 20, run down this canyon and back up, as they had for many, many years. They wanted to shut it down. So we had to fight them back and said, No, the law says historical standards.

Then the bureaucrats, because we said: You should have your historical access to your private property, if you are up on Steens Mountain, you should maintain that access like you have always had it. Do you know what the bureaucrats said? They began to solicit from the inholders in this area: How many times did you go up there last year? You see, they wanted to put a noose around the neck of those who were inside. That was a total violation of what we intended and we had to back them off.

See, the bureaucracy wants to interpret the laws we write in ways they want, and in this case, they were wrong, not once, but twice.

Then, a couple of years ago, I learned that, despite the fact we created the first cow-free wilderness in the United States under this law, and said clearly in this law that it would be the responsibility of the government to put up fencing to keep the cows out, as part of the agreement, the Bureau of Land Management said: No, we are not going to follow that law. And, they told the ranchers they had to build the fence.

I networked with my Democrat colleague from Oregon, Mr. DeFazio, who was part of writing this law. I said: Peter, you remember that, right? He said: Yeah, I didn’t like it, but that was the case. BLM still wouldn’t listen. So, we continued to push it and they argued back.

Well, it turns out there had been a second rancher who brought this to my attention who they were telling had to do the same thing, build a fence, when the government was supposed to under the law I wrote. The arrogance of the agency was such that they said, We don’t agree with you.

Now, there aren’t many times, Mr. Speaker, in this job when you can say I know what the intent of the law was, but in this case I could because I wrote the law, I knew the intent.

Oh, that wasn’t good enough. No, no, no. No, no, no. The arrogance of these agency people was such that we had to go to the archives and drag out the boxes from 2000, 1999-2000, when we wrote this law, from the hearings that had all the records for the hearings and the floor discussions to talk about the intent. And our retired Member, George Miller, actually we used some of his information where he said the government would provide the fencing. They were still reluctant to follow it. So I put language in the appropriations bill that restated the Federal law.

***

This is a government that has gone too far, for too long. Now, I am not condoning this takeover in any way. I want to make that clear. I don’t think it is appropriate. There is a right to protest. I think they have gone too far. But I understand and hear their anger.

Right now, this administration, secretly, but not so much, is threatening, in the next county over, that looks a lot like this one, Malheur County, to force a monument of 2.5 million acres, we believe. I think this is outrageous. It flies in the face of the people and the way of life and the public access.

***

We have fought other issues. More than half of my district is under Federal management, or lack thereof. They have come out with these proposals to close roads into the forests. They have ignored public input. They often claim to have all these open meetings and listen to the public, and then, in the case of Wallowa-Whitman, the forest supervisor who was eventually relieved because of this, I believe, completely ignored all the meetings, all the input, all the work of the counties and the local people, and said: Forget it, I am going my own direction.

There were 900 people that turned out at the National Guard Armory where they had a public hearing, standing room only and beyond, furious.

You see, how do you have faith in a government that doesn’t ever listen to you? How do you have faith in a government that, when elected Representatives write a law, those charged with the responsibility of implementing it choose to go the other direction and not do so? That is what is breaking faith between the American people and their government, and that is what has to change.

The other thing that has to change, the law under which the Hammonds were sentenced. Now, they probably did some things that weren’t legal. I have given you the size of the acreages that burned naturally. I haven’t gotten into the discussion about how these fires are often fought and how the Federal Government frequently will go on private land and set a fire without permission to backburn. That happens all the time.

In fact, in the Barry Point Fire down in Lake County, they set fire on private timberland as a backburn while the owners of the property were putting out spot fires down in the canyon. I drove down there afterwards. They are darn lucky to have come out alive.

There was nobody sentenced under the terrorism act there. Oh, heck no. It is the government. They weren’t sentenced. Nobody was charged. Oh, it just happened.

Now, fires are tough to fight. I have great respect for firefighters. There are always two sides on how these fires get fought. But I can tell you, a few years back in Harney County, because I went and held a meeting out there right as the fire was being put out, that the fire crews came in, went on private ground, lit a backfire on private ground, behind a fence line, that then burned out the farmer’s fence, the rancher’s fence, and burned all the way over and down into a canyon where there was a wetland, which would have been the natural break to stop the fire from the other side. You see, they never needed to burn that land.

These things happen in the course of fighting fire. It doesn’t mean they are right. But rare is it that somebody ends up 5 years in prison.

Let me tell you what the senior judge said when he sentenced the Hammonds the first time, Judge Michael Hogan, senior Federal judge, highly respected in Oregon. He sentenced Dwight Hammond to 3 months and Steve to a year. There were different offenses here.

He said, “I am not going to apply the mandatory minimum because, to me, to do so, under the Eighth Amendment, would result in a sentence which is grossly disproportionate to the severity of the offenses here.”

The Judge went on to say, `”And with regard to the Antiterrorism and Effective Death Penalty Act of 1996, this sort of conduct would not have been the conduct intended under the statute.”

“When you ask, you know, what if you burn sagebrush in the suburbs of Los Angeles, and there are homes up the ravines, it might apply. Out in the wilderness here, I don’t think that is what the Congress intended.”

“In addition, it just would not meet any idea I have of justice proportionality. It would be a sentence which would shock the conscience, to me.”

Senior Judge Mike Hogan, when he did the original sentencing.

But, you see, under this 1996 law under which they were charged and convicted, it turns out he had no judicial leeway. He could not mete out a sentence that was proportionate to what the crime was.

So yesterday, Dwight and Steve went to prison again. Dwight will be 79 when he gets out. Steve will be about 50.

Meanwhile, in Harney County, on the ranch, Susie will continue to try and survive; 6,000-acre ranch, she needs grazing permits to make this happen. It would be a cruel and unjust act, by the way, if access to those grazing permits that allow that ranch to work were not extended. What possible good could come out of bankrupting a grandmother that was trying to keep a ranch together, while the husband sits in prison, her son sits in prison? What possible good?

They will serve their sentences. There is nothing, short of clemency that only the President can offer, that we can do. But we can change that law, and we should, so that nobody ever is locked in like that for a situation like this, where a senior judge, literally, on his final day on the bench, says this goes too far, it goes too far. They appealed that, by the way, and lost. But I believe that the judge was right.

***

They are good people. Their sons and daughters, by a higher proportion, fight in our wars and die, and I have been to their funerals. So to my friends across eastern Oregon, I will always fight for you. But we have to understand there is a time and a way. Hopefully the country through this understands we have a real problem in America: how we manage our lands and how we are losing them.

It is not like we haven’t tried here, Mr. Speaker. Year after year we pass bipartisan legislation to provide more active management on our forests so we don’t lose them all to fire, and we are losing them all to fire. We are losing firefighters’ lives, homes, and watersheds–great resources of the West. Teddy Roosevelt would roll over in his grave. He created this wildlife refuge in 1908.

There were some bad actors there in the 1980s, by the way. They were very aggressive running the refuge, threatening eminent domain and other things that took ranches. It was bad. That lasted for at least a decade or more. It has gotten better though. It is not perfect. There is a much better relationship, and the refuge and the ranchers work closer together. In fact, during this fire in 2012, the refuge actually opened itself up to the ranchers for hay and feed because theirs was burned out because of this big fire. So there was a better spirit there.

But there are still these problems: the threat of waters of the U.S. shutting down stock ponds and irrigation canals and a way of life, the threat of fire every year that seems to not be battled right and just gets away, and no one is really held accountable; the continued restriction on the lives of the men and women who, for generations, have worked hard in a tough environment. It has just gone too far. It is hurtful.

I hope people understand how serious this is felt and how heartfelt this is by those who pay their taxes and try and live by the law and do the right things and how oppressed they feel by the government that they elect and the government they certainly don’t elect, and how much they will always defend the flag and the country, and their sons and daughters would go to war, some will not come back–and they have not from this area.

… The BLM needs to make sure Susie Hammond isn’t pushed into bankruptcy and has her ranch taken by the government and added to those that have been. We need to be better at hearing people from all walks of life and all regions of our country and understanding this anger that is out there and what we can do to bring about correct change and peaceful resolution.

It is not too late. We can do this. It is a great country. We have the processes to do it right.

Mr. Speaker, I yield back the balance of my time.

* * *

The peaceful solution, then, should be solely those laws enacted by the Congress, such as the Steen Mountain legislation that Mr. Walden spoke of. The Executive branch is to carry out and enforce those laws. Though, as we have seen, they choose to interpret them other than the wording or the intent of those laws lawfully enacted.

Further, the agencies are empowered to adopt rules. To do so, they are to publish those proposed rules in the Federal Register and hold public hearings on the proposed rule. Now, this is just a bureaucratic trick. The hold the hearing, and regardless of the input by the public, the agency, once they have held the hearings, have satisfied the requirement. Then, they adopt the rule, even if 100% of the public input is contrary to the rule.

So when we realize that the legislative branch is without any constitutional authority to assure that they laws they pass have become “the supreme Law of the Land” (Article VI, clause 2), then we are at the mercy of the interpretation, or rules, of the agency that administers those laws.

With that in mind, let us return to the question:

Is there a peaceful solution?

Wolf Trap – No Justice Here

Gary Hunt
Outpost of Freedom
February 7, 2016

William Wolf was convicted of having an unregistered firearm, that firearm being a machine gun and a shotgun having a barrel of less than 18 inches in length.

In a couple of previous articles (The Setup and The Entrapment) some of the circumstances surrounding Wolf’s being targeted and entrapped were addressed. However, those were written before his trial.

The Judge, in this case, was Susan P. Waters. She has been an instrument of “obstruction”, throughout. Apparently, she places herself, with the aid of the law, above justice.

During the trial, additional evidence of outright lies by the prosecutor’s witnesses have come to light, as explained in the following letter that Wolf has gotten out to us. The letter was transcribed from a written copy, and is exactly as written:

* * *

The trial of William Krisstofer Wolf has culminated in three facts; the paid informant and Gray’s testimony and the infringement on free speech and a fair and impartial trial.

On December 18, 2014, in a debriefing of a recorded meeting, in Four Corners, Montana, the paid informant, Ed Gray, made the statement. I wanted a “Russian fully automatic shotgun, specifically a Saiga.”

That recorded meeting, by the FBI agent Greg Rogers, as entered into evidence, has NO such statement. In 22 months of FBI recorded statements, I ONLY ever request a “Russian automatic shotgun.” That is not an illegal request. If it were the, model 1911 .45 ACP, the old Army .45, would be illegal because the letters ACP stand for automatic colt pistol, which is NOT a fully automatic pistol. It is still used and sold today with no permits.

However, in those 22 months of FBI recorded conversations and meetings, there is NEVER a mention of a “Russian fully automatic shotgun, specifically a Saiga.” Therefore, the statement made by Ed Gray in the debriefing on December 18, 2014, can ONLY result in one conclusion; Ed Gray and I had a unrecorded conversations; NO audio exists of me mentioning a “Sega fully automatic,” yet on audio and testimony, Rogers and Gray say I do.

This evidence is supported by telephonic records, I asked my defense team to subpoena, that would prove there were unrecorded conversations. However, Ed Gray, on the stand, under oath, testified that there were no unrecorded conversations or meetings. As Gray testified that on December 18, 2014, I told he AND Agent Greg Rogers, I wanted a Russian Saiga fully automatic shotgun. The recording prove that testimony in the statement on December 18, 2014 debriefing, to be a direct lie under oath. Unrecorded deals defining conversations violate the wiretap rules.

The prevailing reason for my conviction is based on the verifiable, undisputed, recorded, perjurious testimony and debriefing statement by Ed Gray, which is paramount to Derivative Entrapment. This renders Ed Gray’s testimony uncredible and inadmissible.

To cover for the uncredible testimony and debriefing of Ed Gray, the Department of Justice, repeatedly presented testimony and evidence to establish a proclivity toward my bad character. However, FBI documents and recordings CLEARLY show that I had NO proclivity or predisposition to commit a crime. As a matter of FBI documents and recorded fact, it clearly shows that the FBI, through various informants, intended to induce me to commit the crime of manufacturing and distributing grenades, rocket propellant, RPGs, and explosives, as well as helping an FBI informant to acquire a Glock P18 fully automatic pistol.

I responded, on an FBI recording, that there was no need for a fully automatic weapon. This recorded statement establishes two things; one, I know the difference between a fully automatic and an automatic. Secondly, it clearly establishes that I had NO proclivity or predisposition to purchase and/or commit an illegal act of owning a fully automatic.

This harmful error occurred with the repeated inclusion of testimony and evidence by the Department of Justice, ultimately the exposing the jury to evidence that was persuasive, but inadmissible that it SO aroused the emotions of the jury, that calm and logical reasoning was abandoned; creating a biased and prejudicial jury, thereby denying me a Constitutionally protected fair and impartial trial.

That immaterial, irrelevant, harmful evidence and testimony created under prejudice, which caused my defense team to spend 500 hours trying to review for my defense.

However, this harmful, immaterial, irrelevant testimony, attacking my freedom of speech, expression, assembly with like-minded people, freedom of the press, and my right to redress of grievances without interference, infringement, or restriction by the government or government intervention, is Protected by Article 1 of the Bill of Rights.

Yet the agencies of the federal government did exactly that, as testified to by FBI agent Matt Deurmeir’s 25 month investigation and subsequently the Department of Justice’s introduction of my political views on government corruption; specifically, abuse of power, judicial and political misconduct, items that are not illegal to own or the historical and potential current or future use or open discussion, namely a flamethrower, my very lawful and constitutional redress of grievances and my views and opinions of current and potential futuristic patriotic events.

These Protected rights are NOT derived from recent groups like the Black Panthers, chanting, “pigs in blankets, fry them, like bacon,” which is a direct reference to flamethrowers and their hypothetical use; or Black Lives Matter, who said, “if you don’t start holding yourself accountable more like this will happen,” in reference to the execution style murder of a sheriff; or Louis Farrakhan: calling for 10,000 young men to do what is necessary; or Rev. Al Sharpton leading a chant in Ferguson, Missouri of “what do we want? Dead cops. When do we want it? Now,” who then gets invited to the White House for dinner. These Protected rights are derived from the founding documents; I quote:

“In every stage of these oppressions we have petitioned for redress in the most humble terms. A repeated petitions have been answered by repeated injury… We have warned them from time to time of attempt by their legislature to extend an unwarrantable jurisdiction over us… That whenever any form of government becomes destructive of these ends, it is the Right of the People to alter or abolish it, and to institute new government. But when a long train of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such governments and to provide new guards for their future security.”

Black’s law is very clear on a Right where a corresponding Duty is invoked. All the exercise of my free speech, that the Department of Justice used against me to prejudice the jury, is derived from that founding document unanimously declared on July 4, 1776. It is the Declaration of Independence, and it is the bedrock of America. You may not like what I have to say, that is my Protected Right, and shall not be infringed.

The use of this inflammatory, irrelevant, and immaterial testimony, along with the fact that agent Greg Rogers, as recorded by the FBI, NEVER definitively expressed that the firearm was fully automatic and only inferred that a fully automatic was illegal; in fact he went to the extent of invoking that the firearm was legally converted, not inverted, by have registered, licensed and federally regulated Class III dealer, conclusively bases actions Entrapment by Estoppel, thereby resulting in an illegal arrest. That action resulted in a prejudicial and unimpartial jury.

The facts, as evident in the FBI documents along with many others my defense team could not bring forth due to the 500 plus hours spent trying to prepare a defense against irrelevant, immaterial, harmful, and ultimately prejudicial testimony, as well as the proven lies under the oath of Ed Gray, deprive me of a constitutionally protected right to a fair and impartial trial.

This obvious harmful error can and should be corrected by this court. This very instant in compliance with its oath to protect and uphold the Constitution, as affirmed in the 1803 Marbury v. Madison ruling and not passed over, ultimately turning this into a manifested Constitutional error, to a higher court.

I unequivocally declare my innocence in this matter and continue to maintain I was entrapped and ultimately denied a fair and impartial trial amounting to a Political Persecution because of the exercise of my free speech as targeted by the FBI.

                                                            /s/ Wolf
2/1/2016

* * *

[Note: Transcribed by Gary Hunt, Outpost of Freedom. PDF of handwritten document at Wolf’s Letter.]

Those wishing to write to Wolf can do so to the following address:

William Krisstofer Wolf
Booking # 20151722
Housing Unit NOR2-N207
Yellowstone County Detention Facility
3165 King Ave. East
Billings Montana 59101

Burns Chronicles N^o 2
Ambush

LaVoy Finicum’s last ride
“I know not what course others may take; but as for me, give me liberty or give me death!”
                                                                                    Patrick Henry, March 23, 1775

Gary Hunt
Outpost of Freedom
February 2, 2016

The Death of LaVoy Finicum

Note: Times given are referenced to the aerial time stamps, minus eight hours. Quotations are based upon the best recollection of the witnesses.

I had lunch with Ammon Bundy while the Sharp family sang. It was the first time I had met Ammon, and we went over the articles I intended to write about the events that led up to the actions of January 2, 2016, with the investiture of the Malheur National Wildlife Refuge administration complex, since renamed the Harney County Resource Center. The subjects for the articles were the misunderstanding of the people of Burns as to what source resulted in the fear and anxiety then extant in the town of Burns, and the information available in the “public” records contained in the filing cabinets at the refuge that might show the use of subterfuge in the obtaining of land to extend the federal “ownership”, not only in the Refuge, but throughout Harney County.

Ammon also indicated his pleasure for the upcoming meeting in the Grant County town of John Day, expecting to get additional support from Grant County Sheriff Glenn Palmer. As we discussed, it was to the backdrop of the Sharp family’s vary harmonious singing.

I then visited Ryan Payne, an old friend and fellow board member of the Operation Mutual Defense (OMD) Advisory Board. Ryan, too, was looking forward to a productive meeting with the Grant County community, hoping to establish a Committee of Safety to become a voice from the disenfranchised people of that County, as they had in Harney County.

The meeting was to begin at 6:00 PM on January 26, 2016. The drive, which in that part of the country, is a rather fixed route. From the Refuge, you go west on Sodhouse Lane to State Road 208, then North into Burns where you pick up US 395 North, through Malheur National Forest, through Seneca, and finally to John Day. The trip is just over 130 miles and is, unquestionably, the only practical way between the two locations.

Vehicle #1, the lead vehicle, LaVoy’s white 4-door pickup truck, contained Robert “LaVoy” Finicum driving, Ryan Payne at shotgun, and, from driver’s side to passenger side in the back seat, Ryan Bundy, Victoria Sharp, and Shawna Cox. Vehicle #2 contained Mark McConnell, driving his brown 4-door Jeep, with Brian “Budda” Cavalier at shotgun and Ammon Bundy in the rear. This was the position of all of the people as they left the HCRC, and the position of each until they left their respective vehicles. Thus, they began their 33-mile drive to Burns, which resulted in an unexpected and tragic termination.

After leaving Burns, they traveled up US 395 about 15 miles north of the intersection with US 20. As they passed National Forest Road 2820 (NF 2820) on their right, they noticed a line of trucks and other vehicles stacked up to enter US 395. There were at least eight vehicles, rather odd for the middle of a forest. This was about 4:25 PM, and about an hour out from their destination.

Once those vehicles turned north, the same direction they were traveling, it dawned on them that this might just not be a coincidence. However, optimistically, they continued on their way.

Less than a minute later, Vehicle #2 pulled over in response to flashing lights and sirens. Those who pulled over Vehicle #2 identified themselves as FBI HRT (Hostage Rescue Team) with a loudspeaker. They then instructed the driver to exit the vehicle and walk toward them, hands on his head. He approached them, he was instructed to lie on the ground, head away from them, and “low-crawl” back to them, where they disarmed him, cuffed him and patted him down. The same procedure was then addressed to the man in the back seat (Ammon), and finally to the man in the front seat (Budda), until all three were “secured”. All three acted without resisting, and fully compliant with the instructions given. They were then placed on the ground with their backs against one of the FBI vehicles, where they remained until after those from Vehicle #1 were finally returned to that area. Ammon’s hat and briefcase were still in the Jeep when it was recovered from impound, two days later

Vehicle #1, realizing that Vehicle #2 was no longer behind them, and not wanting to separate from and abandon their friends, slowed to a stop just beyond NF 31, about 3/4 mile from where the ambush began. They were followed by two FBI vehicles that stopped about 40 feet behind them. Ryan Payne then stuck his hands and head out of the passenger side window and a single shot was fired, striking the truck near the outside rear-view mirror.

The first shot having been fired, Ryan’s concern was for the women who were well within that line of fire. He exited the truck, hands held about shoulder level, and yelled, “There are women in here”. Seeing the number of guns pointed at him, when the command was given, “hands on your head. Walk toward us”, he complied. He was then searched, handcuffed, and taken back to where the three from Vehicle #2 were detained, a few hundred yards behind Vehicle #1.

After Ryan left the vehicle, LaVoy, seeing laser dots around him, and the observers in the back seat seeing a laser dot directly on LaVoy’s hat, he sticks his head and one hand out the window and yells, “Go ahead and shoot me.” He follows that with, “We are going to meet with the Sheriff [Palmer of Grant County]. We have a meeting with the Sheriff. You are going to have to shoot me. We are going to see the Sheriff. We are going to see the Sheriff.”

LaVoy then turned to the remaining occupants and said, “We are going to see the Sheriff. If you girls want to get out, then you can.” Victoria then replied, “I am not getting out.” She was terrified because Ryan had been shot at.

Shawna, a grandmother herself, was not going to leave a little girl by herself, opted to go with the flow. So, the three in the back seat slid down, knees against the back of the front seat, getting their heads as low as possible. In the forest, there was no cell phone service, so efforts to call out were futile. Shawna, however, had her phone video camera on and was filming these events, as they happened.

At 4:33:47 PM, LaVoy accelerates and the chase was on. Shawna then asked how far they would make it before the tires would be shot out. Receiving no answer, she asked, “How far is it to John Day?” LaVoy replied, “Fifty miles.”

Just over a mile up the road, at the end of a left sweeping curve, three vehicles block the roadway. The roadside has a snow bank about 2-3 feet high. After just about 1 minute of flight, hoping to get to Sheriff Palmer at John Day, their hopes decelerate as rapidly as LaVoy’s truck before it turns slightly to the left and plows through the snow. As an agent runs into the path of the truck, LaVoy swerves further to the left, probably to avoid injuring the agent. The truck comes to its final rest. Although past the vehicles blocking the road to John Day, the failed momentum of LaVoy’s efforts to reach sanctuary with Sheriff Palmer.

Unknown to those in the truck, and those back down the road, an effort was made to warn them of what was to come.

Victoria and Shawna were last minute passengers in Vehicle #1 because Victoria was late in preparing for the trip to John Day. Her family had left more than ten minutes ahead of LaVoy, in that they were scheduled to sing at the Community Meeting, the destination of all.

When the Sharp family passed the checkpoint at Seneca, they tried to contact those behind them, but cell reception was non-existent where these events were unfolding. Any chance to forewarn them of what they might expect was not able to be conveyed.

Within seconds, LaVoy is out of the truck, hands raised, and observing where the agents are, walks widely away from the truck and towards its rear to assure that if gunfire begins, that the truck and those inside of it are not in the line of fire.

[Note: A Witness has provided a correction — that the gunfire started even before LaVoy got out of the truck, that being the shots fired at LaVoy’s truck while he was still on the road driving toward the roadblock. opf ]

The rear seat occupants slowly rise, after LaVoy exits. They are still trying to stay low, but also to observe, as best they can, what is occurring outside of the vehicle. They see LaVoy, hands in the air, trying to negotiate deep snow and probably uneven ground, stumbling, occasionally, probably because he was wearing his narrow cowboy boots.

[Note: Ryan Bundy is recording, verbally, on his cell phone, what is transpiring. Shawna Cox is taking video of the events, as they go down. Neither phone nor camera have been returned to their owners. opf ]

LaVoy then, probably still attempting to remove the threat from those still in the vehicle, yells, “Shoot me, just go ahead and shoot me.” As he is being shot, he turns back towards his friends, still in the truck, as if in a final good-bye. Just 13 seconds after LaVoy left the truck, he falls to the ground, dead. However, his arm does move, slightly, after he lay on the ground, perhaps as a last gesture to those still inside, perhaps a reflexive reaction.

Note: Second person information from one of the witnesses, indicates that LaVoy was shot

[Note: The witness has provided a correction to the article – that the witness observed at least three shots that hit LaVoy, though there may have been ore. opf ]

There is no reason to believe that he was shot in the face, only in the body-mass.

Those inside are terrified; they see that LaVoy is shot, while unarmed. In reflection, if soldiers (or Marines) in Afghanistan, had acted as the agents and shot an unarmed man, without provocation, would have violated the Rules of Engagement (ROE) of war, and would have stood Court Martial, then probably imprisoned or discharged from service. Unfortunately, the ROE do not apply here, in our own “free” country.

At the same time that the gunfire was directed at LaVoy, by two agents clearly aiming at him, those inside of the truck begin seeing laser dots, perhaps thirty or forty at any given time, and Ryan Bundy is shot in the shoulder. Bullets begin to pierce the truck; windows break, impacted by bullets. All hell breaks loose as perhaps hundreds of bullets penetrate the vehicle or hit the snow, outside, sending clouds of snow into the air. All of the windows had been broken by gunfire, which was described as “coming from every direction”.

Ryan and Victoria had gotten on their knees, ducking as low as they could while Shawna remained in the previously described position. They began to wonder if the gunfire would ever stop, and that eventually they, too, would be killed by the agents.

Laser dots were appearing on knees, seats, all over, inside of the truck and they realized that other agents had come out from behind trees on the left side, and perhaps the right side of the road, firing randomly into the truck and surrounding area. Whether through the grace of God, or simply poor marksmanship, after nearly six minutes, those inside began yelling, “Stop, stop”. Then, gunfire, flash-bang grenades, and tear gas projectiles, ceased.

During this ordeal, Victoria, who had, just finished EMT school, said, “They shot him. I want to help him”, though she was restrained from doing so by Ryan and Shawna. At eighteen years of age, gentle Victoria had seen war come to her own country.

The right side of the truck had plowed snow, so the occupants were told to exit the left door, Ryan Bundy, being first, walks, with hands up, onto the paved roadway and is secured. Next comes Victoria, and finally, Shawna. With no female agents present, Shawna watched very closely as an agent simply ran his fingers around Victoria’s waistband of her pants.

The three were then detained, but allowed to lean against a van, in an effort to stay warm, as opposed to those from Vehicle #2, where they were forced to sit on the cold ground.

After a while, Shawna and Victoria were loaded in a van (not sure of the vehicle type) and driven back to pick up Payne, McConnell, Ammon and Budda. Ryan Bundy was transported by ambulance back to Burns.

They were detained at that location for what seemed like hours. Ryan Payne, after learning of LaVoy’s death, berated the forty, or so, agents, calling them murderers and that they had blood on their hands — something that those who took over the refuge had attempted to avoid, since January 2. However, those who had constantly expressed a desire for a “peaceful resolution” had, finally, drawn first blood in a contemptible act against American citizens, thereby proving the assertions made by Ammon Bundy throughout the course of the occupation of the refuge.

Victoria was extremely upset and constantly expressing her outrage over what the government had done. Mark McConnell, surely upset himself, took it out on Victoria, for her vocal expressions, until quieted by the others.

Somehow Ammon, when searched, managed to sneak his cell phone past the pat down, and as they drove towards Burns, the interior lights of the vehicle being left on, was able to call his wife, Lisa, and began telling her what had happened, including the first outside knowledge of LaVoy’s death. As they approached Burns, the interior lights were turned off, probably so that those on the street could not see who the occupants were. The glow from the phone face now showing brightly on Ammon’s face. They then stopped, pulled them out of the vehicle and found the cell phone.

Next stop was the hospital to check on Ryan Bundy, who still had a bullet in his shoulder, then on to a rest area west of Burns, where everybody was removed. About the same time, Ryan Bundy was also delivered to the rest area.

All were given their Miranda Rights, and it is unknown whether anybody answered any subsequent questions. They were then advised that they were being charged with “conspiracy to impede officers”. The document, the Criminal Complaint, must have been prepared after the arrests were made. A nefarious practice, and probably illegal even by the standards of justice that were intended by the “due process” concept of law. This is abundantly clear by the fact that “Robert ‘LaVoy’ Finicum” is not listed on the Complaint, for if it were prepared before the arrests were made, his name most surely would have been included, unless they had already intended to kill him. More logically, the Criminal Complaint, a requisite for this type of arrest, was prepared after the FBI Special Agent, Katherine Armstrong, signed the Complaint, and Stacie F. Beckerman, U. S. Magistrate, signed the document, purportedly in Portland, some 300 miles away by road. Certainly, not what we should expect from our government.

Finally, all were together, though, then, each was placed in a separate vehicle for transport to their final destinations. Two vehicles transported Mark McConnell and Victoria Sharp back to Burns, where they were released. The remainder went in the opposite direction, presumably directly to Multnomah County Jail.

As far as firearms, one witness said that LaVoy had a 9-mm in his shoulder holster, well under his armpit, and there is no indication that he reached high enough or deep enough under his jacket to even get his hand close to it. With the exception of Shawna and Victoria, all were probably armed, as was the practice. Ryan Bundy appears to have dropped his firearm into the snow as he exited the vehicle. Mark McConnell had his taken when he was “apprehended” at the first stop. LaVoy’s well recognized revolver was left beside the seat when he exited Vehicle #1 to draw fire away from the remaining occupants of that vehicle.

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

Rogue Infidel – A Working Vacation to New Hampshire

Gary Hunt
Outpost of Freedom
November 30, 2015

The Trip

On November 18, 2015, Jon Ritzheimer began a road trip to aid an old high school buddy, Tyler Zarr, in his move to New Hampshire. After they loaded the SUV with Tyler’s belongings, they set out on their cross-country journey.

Since this road trip was part vacation and part work, they decided to take some “tourist” pictures along the way. Rather than dwelling on natural history or historical monuments, they opted to take pictures of what they perceived as the intrusion of an evil element into our country. Like any good tourists, they made “selfies” in front of the following mosques or Islamic Centers: New Mexico; Amarillo, Texas, Oklahoma City, Oklahoma; Springfield, Missouri; Illinois; Terre Haute, Indiana; Ohio; Reading, Pennsylvania; Lowell, Massachusetts; and finally, Manchester, New Hampshire.

Here, in Jon’s words, is his description of the trip (note: all italicized portions are from Ritzheimer’s statement to the Outpost of Freedom.):

“As we made our way cross country we stopped and took a photo at every mosque that was within our path during the journey. We also decided that since we were heading that way that it would be nice to give the Muslims at the Islamic Post a visit to simply give them a piece of our mind in regards to the article they publish back in June, [Where they accused Jon, Pam Geller, and others, of being “American Taliban“. See note at end.] calling me a terrorist because I organized a pro freedom of speech rally at a Mosque where now five terrorists have come from.”

The Video

Shortly after leaving Phoenix, Ritzheimer made a video explaining his trip to those who have been paying attention to what he is trying to oppose publicly, which in the past was focused on the Islamic Community Center of Phoenix (ICCP). An account of his recent “confrontation” there can be found in the press release for the event, Global Rally for Humanity – Phoenix.

Now, even prior to the Global Rally event, Ritzheimer had held a Freedom of Speech Rally (When did Freedom of Speech Become Hate Speech?), where false accusations of his intentions were prolific, even in the mainstream media. Ritzheimer had made it clear, though many choose not to hear it, that being armed is strictly for defense. After all, he served in Iraq, where it was Muslims, not Christians, that were hell-bent on trying to kill him. Based upon events in Europe, it is simply a precaution, for who really knows when the violence, which has already risen here, will escalate to the level it has on the other side of the Atlantic?

The Offended

Now, that video apparently offended those Muslims in Islamberg (Hancock), New York, the home of The Muslims of America and The Islamic Post. Or, perhaps their comprehension of English is couched in their perception of themselves. The video (slightly edited by the New York Daily News – used by permission from Mr. Ritzheimer) contains no threats, nor has Ritzheimer removed any heads or hands, stoned any rape victims, or otherwise suggested any such violence against Muslims. He has done nothing more than advise them that he is more than ready to defend himself, against any acts of violence directed at him, or any event he sponsors — including his road trip.

So, to make that clear, here is a transcript of the voice in the video:

What’s up America? Jon Ritzheimer here with my brother Tyler, one of my old high school brothers here, and we’re driving all the way across America, all the way to New York to go see those assholes at the Islamic Post that decided to publish a paper calling me, me, a fucking terrorist in this country.

Fuck you Muslims! Fuck all of you! We’re going to stop at virtually every mosque on the way, take a picture flipping them off, telling them to get fucked!

And Obama, you stupid sorry sack of shit, you wanna come out and say that we’re all afraid of these poor little three-year-old orphans and these widows?

Fuck you! That is not what’s coming over here. And you know what? I’m not afraid! I fear for my family’s safety, but I’m not afraid, because these guys are fucking cowards, and they have shown, time and time again, they do not come and attack hard targets.

Well, guess what? [shows pistol] We’re fucking ready for them! [racks pistol slide] Bring it on you Muslim fucks!

You wanna come fuck around in our country, we’re ready for you. So, I’m not afraid. I’m urging all Americans across the U.S., everywhere in public, to start carrying a slung rifle with you, everywhere. Don’t be a victim in your own country. Fuck you, Obama.

If there is any threat in what he said, it was that there would be that he implied retaliation, should they mess with him. However, the Islamic Post, perhaps presuming that Americans practiced Taqiyya, or that implied threats had a different meaning behind them, contacted the FBI and/or the New York State Police, claiming that the video was an open threat, and that they feared that there would be violence.

The FBI and the New York State Police

From Ritzheimer:

“After we crossed into Pennsylvania, on November 20th, I received a three-way phone call from Special Agent Bridget Walters of the FBI, and a Sergeant with New York State Troopers. The FBI agent was nice and respectful during our phone call and the Trooper started out respectfully. They then proceeded to tell me that they saw the video of me with a gun and if I cross into New York that I would be arrested. I asked them if I could surrender the gun at the state line to them and just get an escort through the state so I could make my destination and they said NO. I asked if I could leave it in Pennsylvania with a friend and they said that they would still search me, give me a hard time, and basically violate my rights because of the video of me with a gun.”

Ritzheimer had initially agreed to stay in touch with the FBI agent, However, as a result of the breakdown in negotiations (you know, when the government says we can negotiate — as soon as you agree to our terms), Ritzheimer had to develop a strategy that would allow him to get to his destination in New Hampshire. Since New York extends from the Canadian Border to the Atlantic Ocean, there is no means of land travel that will allow you to take a handgun from the Middle States to New England (General Gage knew that when he tried to take control of the Hudson River during the Revolutionary War).

In his words:

“Originally I told Special Agent Walters that I would maintain contact with her and keep her posted on my whereabouts but then after reading state laws and seeing that no matter what they were going to violate my rights I made the decision that we needed to change our course and shut our phones off and pull out enough money from the nearest ATM so we wouldn’t need to use our debit cards. We had to break communication with law enforcement because they were clearly not going to work with me.”

The Break

So, as reported in a New York newspaper when communications were cut off, it was Ritzheimer’s fault, and was sufficient for the FBI and/or New York State Police to perceive a threat against them. As stated in the article, “he got angry and cut off communication with them. At that point, the alert, citing a “potential threat to law enforcement,” was issued, sources said.”

Keep that in mind — if you won’t talk to the FBI and/or New York State Police, and they know that you have a firearm, they will determine that you are a threat to them (or their presumed haughty almightiness). So, now this has escalated to a point where some people in law enforcement might “shoot to kill”, since the subject is now “armed and dangerous”.

However, as Ritzheimer explained, he used a little common sense, whereas the New York State Police and the FBI are lost in even beginning to understand why communications were cut off, because they assumed that “going dark” was indicative of preemptive hostile action.

So, Ritzheimer and Zarr did get to their destination, with only a slight delay. Though, apparently, the search for Ritzheimer and Zarr continued, throughout New York, for the next few days.

As Ritzheimer clarified for this article:

If I was going to attack them as they claimed I was headed to do, I would have brought way more fire power, and they never would have known that I was coming. I am a law abiding citizen and it’s unbelievable what I had to go through due to false reports from Islamic Post and Law Enforcement Officers who claim to be “just doing their job” when threatening to violate my rights if I cross into their state. Shame on New York State Troopers and shame on the FBI agent who rather than protecting a citizen and their rights fell into the trap set-up by the Muslims who play the victim.

American Taliban?

So, let’s look at the Islamic Post’s effort to demonize Ritzheimer and others. They accused them of being “American Taliban”. Well, that is rather ironic, as that “label” was first applied to John Phillip Walker Lindh, who converted to Islam at age 16. Then, on November 25, 2001 (at age 20), he was captured while fighting with the Taliban, against American forces, when his unit surrendered (no virgins for them) at Kunduz, Afghanistan. Interesting that they would then accuse Americans opposed to Islam and attaches the moniker that was first given to an American who opposed Americans.

So, if two Americans, knowingly travelling across the country and communicating with the FBI as they travel, can elude being taken while travelling from Pennsylvania to New Hampshire, is it conceivable that a real Muslim terrorist could easily evade the web that they are capable of setting up?

Apparently, you are more likely to be protected by the FBI and the New York State Police if you are a Muslim than if you are an American.

(to be continued)