Liberty or Laws?

Justice or Despotism?

Gary Hunt
Outpost of Freedom
July 10, 2017

When the colonies severed their allegiance to England, in 1776, through the adoption of the Constitution in 1789, they had to have some form of law upon which to deal with matters, both criminal and civil.  To do so, they adopted the Common Law of England, as it existed on July 4, 1776.  This, then, became the foundation of laws upon which both the federal government and state governments began the process of developing their judicial systems.

What is important to understand is that the laws that they adopted were concerned with Justice.  For example, though Webster’s 1828 dictionary has no definition of “judicial”, an adjective, it does have one for that body that is responsible for that function of government, the Judiciary:

JUDI’CIARY, n.  That branch of government which is concerned in the trial and determination of controversies between parties, and of criminal prosecutions; the system of courts of justice in a government.  An independent judiciary is the firmest bulwark of freedom.

Through our history, there have been legal scholars who stand well above the current lot, in that their concern for justice was paramount in their considerations, and the subject of much of their scholarly writings.

Perhaps the best known of these legal scholars was Sir William Blackstone (1723-1780), and his seminal “Blackstone’s Commentaries.  From Book 1 of those Commentaries, we find some familiar phraseology:

“[A] subordinate right of every Englishman is that of applying to the courts of justice for redress of injuries.  Since the law is in England the supreme arbiter of every man’s life, liberty, and property, courts of justice must at all times be open to the subject, and the law be duly administered therein.”

“And we have seen that these rights consist, primarily, in the free enjoyment of personal security, of personal liberty, and of private property.”

Of course, personal security is best defined as “life”, as without it, we have nothing.  And, Blackstone used the common term, “property”, as did most of the declarations of independence that predate Jefferson’s more poetic version.

What else did Sir Blackstone tells us about justice that was of extreme importance then, and should be equally so, now.  When he discusses Felony Guilt, he states his understanding and then refers to another scholar, Sir Matthew Hale (1609-1676), from Book 4:

“Presumptive Evidence of Felony.  All presumptive evidence of felony should be admitted cautiously; for the law holds it better that ten guilty persons escape, than that one innocent party suffer.  Sir Matthew Hale lays down two rules: (1) Never to convict a man for stealing the goods of a person unknown, merely because he will not account how he came by them; unless an actual felony be proved of such goods.  (2) Never to convict any person of murder or manslaughter, till at least the body be found dead.”

This subject can easily be set aside by the government simply stating that “times have changed”, since Blackstone wrote the Commentaries in the 1760s.  However, that discounts the fact that justice cannot change, only the misapplication of justice can change.  That latter is quite simply defined as injustice.

The Constitution provided two means by which the constitutionality of a law could be challenged.  The first, found in Article I, § 9, clause 2:

. Continue reading ‘Liberty or Laws – Justice or Despotism’ »

Memorial Day 2017

Gary Hunt
Outpost of Freedom
May 29, 2017 (Memorial Day)

Memorial Day began as a day of honoring and remembering those soldiers that died in the Civil War.  It was practiced beginning in the South in 1866 and the North in 1868.  It was a day in which the graves of those soldiers were decorated with flowers, in honor of their sacrifice, and was called Decoration Day.

Recognition as Memorial Day began as early as 1872, though it wasn’t commonly used until after World War II.  In 1967, it was officially changed to Memorial Day by the government.

It now honors all dead American Soldiers, Sailors, Marines, and Airmen, who died in service to their country, including those who fought for the South.

So, what is a holiday; what does it mean?  Well, we can look at the Ten Commandments and get an idea of just what led our Judeo-Christian values to recognize a special day.  The Fourth Commandment says, “Thou shalt keep the Sabbath Day holy.”  That means that the designated day is above all other consideration, on the day so designated.

Whether you hold Saturday or Sunday as the Sabbath is a choice that each of us makes.  However, we commonly recognize the last Monday in May to be Memorial Day, and on that day we recognize of the sacrifice of those soldiers; it is to be held above all other considerations.

There is little doubt that those in power have moved our country away from the Constitution that created that government.  They have moved the government away from the very reason for those who served, and those who gave their lives for what was intended — and what we fought for.

There are two soldiers that I have particular memories of.  First is William “Billy” Prescott.  We went through nearly our entire schooling together.  Bill was quiet and intelligent, and perhaps the least likely to consider to be a soldier.  I found out about Billy’s death, Killed in Action, on my first and only visit to the Wall in Washington, D. C. One-hundred and twenty-six of us, the “Prodigy Vets”, went to see the Wall, most for the first time, in 1992.  Walking down, along the wall, to the apex, then back up the other side, was probably the most emotional event in my life.  The magnitude of waste of those lives was beyond my comprehension.  Considering that the Vietnam War was nothing that we should have been involved in, rather a consequence of our government gone astray from the principles upon which this country was founded.  However, we were naive, and simply did our Country’s bidding.

. Continue reading ‘Memorial Day 2017’ »

Camp Lone Star
Massey Appeal Denied

Gary Hunt
Outpost of Freedom
March 27, 2017

My last article in this series was congratulations to Massey on being moved to the minimum-security camp.  After nearly two years of being treated as a threat, often being thrown in solitary confinement, just a few months after leaving the control of the US Marshal Service, he entered the Federal Bureau of Prisons (BOP) authority.

Massey was more than willing to serve peaceably, if they didn’t mess with him.  He was just biding his time, awaiting the Appellate Court’s decision on his appeal, which was heard (oral arguments) on February 9, 2017.

Though the Decision was made on February 22, his attorney did not advise Massey of the decision until March 24.  Shortly after speaking with his attorney, he called to give me the bad news.  Massey and I agree it has become abundantly clear the judicial process has become one without consideration of written law, but rather, a tool in the persecution of those deemed unfavorable to the policies of government.

The Decision is so ambiguously written it appears the arguments Massey had set forth were never heard by the Court.  Until we receive copies of the transcript, we have nothing upon which to evaluate what transpired in the Halls of “Just US”.  We can, however, review the Decision that suggests the court seem to speak a different language than the rest of us.  We, the People, are bound by the words, as written, in the Constitution and those laws in pursuance thereof.  The Court, however, appears more inclined to the aforementioned policies.

From that Decision, we find the following:

Massey was charged with four counts of possession of a firearm by a convicted felon under 18 U.S.C. § 922(g). He moved to dismiss on the grounds that he was complying with Texas’s felon-in-possession statute and that Section 922(g) is unconstitutional as applied to him. He also maintained that, to satisfy the jurisdictional element of Section 922(g), the government was required to prove more than just that the firearms had traveled in interstate commerce.

Here, the Court has set forth two elements of Massey’s arguments.  The First had to do with the authority of the State.  Article IV, § 4 of the Constitution states:

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

That means, even before the Ninth and Tenth Amendments, that the States could enact their own laws, so long as the were not in conflict with those law “which shall be made in Pursuance [to the Constitution]” (Article VI, cl. 2).

. Continue reading ‘Camp Lone Star – Massey Appeal Denied’ »

Freedom of the Press #6
“Tilting at Windmills” – Redux

Gary Hunt
Outpost of Freedom
February 08, 2017

I have noticed over the years, that some believe in quality, as I do, and others believe in quantity.  They think that throwing out a massive missive will drown the opposition in, well, paper.  It appears this is the new approach by the United States Attorney, and minions, from Portland, Oregon.  They have, with their most recent filing (Supplemental Memorandum in Support of Government’s Motion For an Order to Show Cause), on February 7, exceeded all my expectations, in terms of quantity.  They have cited 30 court decisions.  I have reviewed five of the cited cases, though I will comment on more of them.  Since their research is of such poor quality, It would be my pleasure to review cases for them in the future.  However, if I work for the government, my prices will not be discounted.  Considering how poorly their current hired help performs, it just might be worthwhile for them to get it right, for a change.

Now, let’s get on with the boring stuff.  However, there will be some really good stuff towards the end.

They begin the Memorandum with a statement of what it will address:

1. The District of Oregon is the proper venue for this Court to enforce its own Protective Order against a third party;

2. Third-party Gary Hunt should be held in Civil Contempt of this Court’s Orders after he has had an opportunity to appear and Show Cause why he should not be held in contempt;

3. There is a factual basis to conclude by clear and convincing evidence that third party Gary Hunt is aiding and abetting a defendant (or defendants) in this case in violating the Court’s original Protective Order (ECF No. 342), the new Order (ECF No. 1691), and the Supplement to the original Protective Order (ECF No. 1692); and

4. There are no prior restraint issues or “press” privilege issues.

So, we will begin with Part I.  Under the heading in the Memorandum:

I. The District of Oregon Is the Only Proper Venue for This Court to Enforce Its Own Orders

A. Proper Venue Under the Law

The first case cited is:

Myers v. United States, 264 U.S. 95, 101 (1924).  The Supreme Court in Myers held that venue is only proper where the court rendered the decree sought to be enforced.

Well, I did look that one up and here is what I found:

An information charged that plaintiffs in error willfully disobeyed the injunction lawfully issued in equity cause, St. Louis, San Francisco Railway Company, Complainant, v. International Association of Machinists, et al., Defendants, pending in the Western Division of the Western District of Missouri, by attempting, within the Southwestern Division of the same District, to prevent certain railroad employees from continuing at work.  The order ran against men on strike, and the cause is treated as one within the purview of the Clayton Act.

Well, that supports my position.  The case was in “Western Division of the Western District of Missouri”, however, the other jurisdiction mentioned was in the “Southwestern Division of the same District.”

Now, that “Clayton Act” does come under the Commerce Clause of the Constitution, since it deals with the Sherman Antitrust Act.

Clayton Antitrust Act is an amendment passed by U.S. Congress in 1914 that provides further clarification and substance to the Sherman Antitrust Act of 1890 on topics such as price discrimination, price fixing, and unfair business practices.

Well, I sought relevance, but did not find.  So, let’s move on.

. Continue reading ‘Freedom of the Press #6 – “Tilting at Windmills” – Redux’ »

Burns Chronicles N^o 54
To Jury, or, Not To Jury

Gary Hunt
Outpost of Freedom
January 23, 2017

Though I have posted the Preamble to the Bill of Rights a number of times, people still ask if there really is a Preamble to the Bill of Rights.  A preamble sets forth the purpose of the document, as the Preamble to the Constitution sets forth its purpose.  It is not a part of the document, rather an explanation as to why the document was created.  When Congress approved, and sent the Bill of Rights to the States, as required by Article V of the Constitution, the first paragraph explained why the Joint Resolution was passed.  It states, “declaratory and restrictive clauses should be added” for the purpose of “extending the ground of public confidence in the Government.”  To wit:

The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

So, now, we must determine if, in fact, it has extended “the ground of public confidence in the Government“, in light of the current situation.  Our query must be directed to the Sixth Amendment:

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining Witnesses in his favor, and to have the assistance of counsel for his defence.

We must also look to the Seventh Amendment:

In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.

So, between these two Amendments, we find that every judicial concept in the Constitution, with the exception of the House and Senate’s disciplinary procedures regarding their own members, requires a jury to make the determination of guilt or innocence.

The matter at hand is the additional charges brought against the lower level defendants in the occupation of the Malheur National Wildlife Refuge.  Since the government did not get a conviction of the leaders of said occupation, they have stooped to a new low, perhaps just being poor losers.  They have brought a Misdemeanor Information, for Trespass and other crimes, against the second group of defendants.  These charges were not a part of the Superseding Indictment.

. Continue reading ‘Burns Chronicles No 54 – To Jury, or, Not To Jury’ »

Liberty or Laws?
Natural Rights versus Civil Rights

Gary Hunt

Outpost of Freedom
January 22, 2017

We must understand the difference between Natural Rights, those inherent in the people, and Civil Rights, those given to the People.  If we fail to do so, we participate in our own demise.

The concept of rule by those chosen by God, as claimed by the royalty of the past, where the royalty of Europe claimed to be descendants from God, and ruled by virtue of that sovereign nature.  When the United States of America declared their Independence from that concept, to the philosophical concept of the right of man to rule himself evolved, they moved into a Great Experiment.  Though this political philosophy had existed for hundreds of years, our Founders were the first to put this new form of government into practice.

Natural Rights are based on the concept that every man has a right to the fundamental necessities of life; those being Life, Liberty, and Property.  Thomas Jefferson, in writing the Declaration of Independence, chose to be poetic, substituting “pursuit of Happiness” for Property, though the many declarations that preceded the eventual Declaration of Independence were based upon Property, as defined by Locke and other early political philosophers.  Happiness is a consequence of possessing Life, Liberty, and Property.  It is not a tangible right, rather, a derivative, of those Natural Rights.  Jefferson, as Locke, had recognized that the purpose of government was to secure those rights.  It was no longer the rights of the king, From July 4, 1776 on, those rights became, truly, the Rights of the People.

The Constitution began the process of securing those rights, though few are mentioned in that Document.  Let’s look at those so secured:

• “Authors and Inventors [have] the exclusive Right to their respective Writings and Discoveries.”  {I:8:8}
• An Accused has the right to the “Trial of all Crimes…  [which] shall be by Jury”.  {III:2:3}
• Finally, “The Privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.”  {I:9:2}

Now, some might question whether the third, Habeas Corpus, is a right.  The word “Privilege”, as used in the Constitution, is a right that can, under certain circumstances, by revoked.  Those circumstances are clearly stated, being “Cases of Rebellion or Invasion”, and no other.

Many of the Founders felt that it was insufficient not to protect those Rights, further.  Two states, North Carolina and Massachusetts, did not ratify the Constitution until after the Bill of Rights was submitted to the States for ratification.  Massachusetts would not ratify the Constitution until after the Bill of Rights was ratified.

In fact, the protection of those Natural Rights was so important that it was presented to the States for ratification complete with a Preamble, indicating the reason why the proposed amendments were being presented to the States:

The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

So, let’s look at the Rights secured by that document intended to “prevent misconstruction or abuse of its powers“:

. Continue reading ‘Liberty or Laws? – Natural Rights versus Civil Rights’ »

Freedom of the Press #2
Cease and Desist

Gary Hunt
Outpost of Freedom
January 8, 2017

THE PREAMBLE TO THE BILL OF RIGHTS

Congress of the United States
begun and held at the City of New-York, on
Wednesday the fourth of March, one thousand seven hundred and eighty nine.

The Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

THE FIRST AMENDMENT

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

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

Perhaps it would help if we look at the initial step that the government took in attempting to suppress the First Amendment protected right, that “Congress shall make no law… abridging the freedom… of the press“. Congress, being the only legislative body of the government (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.”), cannot, by that simple statement, delegate to any other branch of the government the authority to pass any law, rule, or policy that would be contrary to that protection afforded by the Constitution.

The first step, as explained in “Freedom of the Press – Part #1”, was a Letter, hand delivered by a FBI Special Agent. I read the Letter in his presence, and we discussed certain aspects of it. However, for the reader, it is necessary to understand just how the Justice Department (pardon my misnomer) threatened me, if I did not comply with their demands. (Bold text in the original.)

Dear Mr. Hunt:

Excerpts of material produced in discovery under a Court Protective Order in the above subject case, United States v. Ammon Bundy, et al., 3:16-CR-00051-BR, have been viewed on your website (http://outpost-of-freedom.com). Your possession of that material and any dissemination and publication of any excerpts of that material violates the terms of the Court’s Protective Order (copy enclosed).

Consequently, you must immediately cease and desist publicly disseminating that material. You must also return all copies of that material to the United States and remove all protected material from the referenced website or any other website. To make arrangements to immediately return all material, electronic or otherwise, that is illegally in your possession, please contact the Federal Bureau of Investigation at (916) 746-7000 and ask to be directed to the Chico Resident Agency. Failure to immediately comply with this demand within twenty-four hours will necessitate that the United States seek a court order compelling your compliance.

The Letter was signed by Pamala R. Holsinger, Chief, Criminal Division, for Billy J. Williams, United States Attorney, U. S. Department of Justice, District of Oregon.

Now, the Order states that the information is not to be “disseminated”. I understood the provision, and the documents were provided to me with the understanding that I would only “excerpt” from the documents. This was explained the first time I excerpted from the document, in “Burns Chronicles N^o 40 – Allen Varner (Wolf)“. I stated at that time:

“I will be referring to FBI documents that I have obtained.  They are marked, at the bottom left corner, “Dissemination Limited by Court Order”.  So, let me make this perfectly clear — I have no intention of “disseminating” the documents, nor am I bound by any “Court Order”.  I am writing about a Public Trial, which was held in September and October 2016.  Had I access to these documents during that trial, I would have written the same article that I am writing now.”

Now, is there a difference between excerpt and disseminate? From Merriam-Webster:

Disseminate:
1:  to spread abroad as though sowing seed.
2:  to disperse throughout

and,

Excerpt
1:  to select (a passage) for quoting:  extract
2:  to take or publish extracts from (as a book)

Disseminating the information that I received is something someone else did. I simply took excerpts, or extracts, from the documents. If laws, or edicts, are to be held to, they must be written. If the Court chose to use “disseminate”, when they meant, “excerpt”, they should have used “excerpt” instead of “disseminate”. But, more about that, later. If the Court can pick and choose, or change, a definition to suit whim, then we really are in trouble. So, while that difference may appear relatively insignificant, generally speaking, from the legal standpoint, there is a chasm between the two.

Holsinger attempts to pretend that this is the same thing. But when we look the wording of the Letter, it is apparent that there is an attempt to misrepresent the Court Order by stating, “dissemination and publication of any excerpts of that material“. Holsinger has added a new twist by separating “dissemination” from “publication of any excerpts” with an “and”, making them separate and distinct elements. However, the Order only addresses dissemination.

Then, Holsinger states that “[My] possession of that material and any dissemination and publication of any excerpts of that material violates the terms of the Court’s Protective Order“. Obviously a conclusion that Holsinger has drawn, though that Order was not directed to me, rather, it was directed to other specific people. So, as I said in Burns Chronicles N^o 40, I am not bound by this Court Order. However, before we get to the attachment, there is one more point to address.

. Continue reading ‘Freedom of the Press #2 – Cease and Desist’ »

Liberty or Laws?

Who Are the Enemy?

The Government?

Gary Hunt
Outpost of Freedom
November 8, 2016

But when long trains 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 government, and to provide for new guards for their future security.

Declaration of Independence – July 4, 1776

This revised version of Sons of Liberty #14, first published on August 22, 1995, is focused on two of the forms of dissolution of government that John Locke wrote of in his Second Treatise of Government, Chapter 19. Those forms, the second and third, are the ones that are quite demonstrable in the current presidential election, and are the most subversive form of dissolution.

Governments can be dissolved by a number of means. What used to be the most common was forceful encroachment by a conquering army. The effect was dissolution of the government and subsequent dissolution of the society, for every nation is composed of both government and society. Generally, under these circumstances, society was disrupted and scattered to the winds. This form of dissolution has not existed for quite some time.

Another is when an enemy dissolves government, and replaces that government with a government of their own choosing. The result, in this instance, is dissolution of government by non-violent means, and subsequent dissolution of the society, which is replaced, through a slow transitional process, by a society unlike the one that was the source of the original government.

We must not assume, in this circumstance, that the dissolution of government will, necessarily, take a forceful effort. The likelihood, in modern times, is that the dissolution of government, and subsequent dissolution of society will go unnoticed until history is revised and the transition is lost from existence, without a notice of its demise. Unless, of course, the efforts to dissolve the government and society is recognized in sufficient time to cast out the encroachers and restore both the society and the government.

If the form of government within a nation has any form of representative capacity, the means by which dissolution may occur will take one of three forms. First, the executive may begin to arbitrarily impose his will on the elected representatives and the people. Slowly the rule of law deviates from its original intent, and the dissolution process slowly occurs.

Second, by delivery of the people to the influence of a foreign power. Eventually, the legislative body finds themselves subjected to a set of rules not of their making, but to which they must adhere. Again, results in the demise of the government, as was originally intended, and the society as it becomes subject to that foreign power.

Third, when the trust bestowed upon the Legislature is betrayed, by whatever means, these same results of dissolution will occur. That trust, generally in the form of a constitution, forms a set of rules by which the government is empowered with the belief that it will abide by such contract. Faith is necessary because there is a need to pass power to government so that it can conduct its business. When that power is directed in violation of the trust, ultimately it will be used to dissolve the society. The question here is, is the government dissolved as well?

Governments, by the nature of its legislative authority, are created by, and subject to, the will of the people. They are creatures of the will of the people, and their purpose for existence is only to administer the rights of the people, to the extent delegated, for the preservation of property and the protection of the rights of the people.

There is no other purpose for government whose authority is of the people,
than the preservation and protection of the People’s rights and property.

. Continue reading ‘Liberty or Laws – Who Are the Enemy? – The Government?’ »

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

Gary Hunt
Outpost of Freedom
October 25, 2016

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

What is the Law?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Later, on {4}, she says:

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

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

Government’s Use of Informants

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

Camp Lone Star #31
The Case of Kevin KC Massey – I
Challenging the Interpretation vs. the Wording of a Statute

Gary Hunt
Outpost of Freedom
October 17, 2016

It poisons the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is today, can guess what it will be tomorrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

James Madison, Federalist #62            

Do we simply accept the government interpretation of a law, without consideration for the grammatical structure(incoherent, or just misrepresented?)? If so, do we simply rely upon the enforcers of the law to tell us what we may, and what we may not, do?

Gary Hunt, October 17, 2016               

We will begin with a brief discussion of the legal/historical context of what result in Kevin “KC” Massey standing trial for “felon in possession of a firearm.  The, we will go into detail, including excerpts from the transcripts, of KC’s trail in Brownsville, Texas.

Kevin Massey organized what became known as Camp Lone Star (CLS), located on the property of Rusty Monsees.  The property abuts the Rio Grande River, about six miles southeast of Brownsville, Texas.  Massey had lived on the Monsees property for months, prior to the incidents that will be described.

The area in which the Camp was located is well known as a crossing point for illegal immigration.  The Camp was established to discourage illegal crossings, primarily to persuade those attempting to cross to return to the south shore of the River.  On occasion, the illegals were detained and turned over to United States Border Patrol (BPS).

Camp Lone Star was the most successful private, permanent, border operation along the entire southern border until the events described below began to unfold.  Though it only covered a few miles of common crossing areas, it was a full-time operation and reduced, significantly, crossings within its area of operation.

On August 29,  2014, there was a shooting incident where three of the CLS Team were patrolling the border, on private property, and with the consent of the owner’s representative.  A Border Patrol agent shot at one of the Team, who never raised his weapon and who then placed it on the ground, without the need for a command from the agent.  When the other Team members and BPS agents came together for the BPS to “investigate” the shooting by their agent, the CLS Team members cooperated, fully, with the investigation.

The only violation of any sort was the agent shooting, in violation of BPS policy.  However, it appears that the agent has not been subject to any hearing or punishment because of his actions.

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