Camp Lone Star – Federal Gun Laws and the Commerce clause

Gary Hunt
Outpost of Freedom
August 20, 2015

The entire “Felon in Possession” federal law is hinged on Commerce. From its inception, it has been enforced by taxation, since the Bureau of Alcohol, Tobacco, and Firearms is an agency of the U. S. Treasury department.

We are dealing specifically with 18 U.S. Code 922 (g):

(g) It shall be unlawful for any person – [conditions omitted]

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

We are going to delve into the purpose of commerce, as defined by the Constitution. We can also wonder why someone charged with “felon in possession” is not taxed; instead, he is determined to be a criminal. We will start with some historical background.

Role of the Federalist Papers

James Madison, fourth president (1809-1817), and recognized as the “Father of the Constitution”, for his role in drafting as well as arguing for ratification, is the best single source for an understanding of the intent and purpose of the Constitution and the government created by that Constitution.

The Federalist Papers, being the arguments that led to ratification of the Constitution, have been used in legal justification to support, and to overturn, laws enacted by Congress. After all, the intent of the Constitution, as laid out in the Federalist Papers is what the American people, through their respective state conventions, relied upon as the original intent of the Framers, and therefore, must be what the Constitution truly means, wherever any ambiguity exists.

There are many hundreds of U.S. Supreme Court decisions where the Federalist Papers were cited in arguing and/or deciding decisions before that court. If the Federalist Papers, those words by Hamilton, Jay, and especially Madison, supported a decision, it was so supported. If they were inconsistent with an enactment, then the enactment was overturned.

An example of the strength of original intent might be demonstrated with an example. In United States v. Lopez, 514 U.S. 549 (1995), Lopez argued that the federal law regarding “gun free school zones” was outside of the scope of authority granted to Congress by the commerce clause, “The Congress shall have Power…[t]o regulate Commerce… among the several States…” (Art. I, §8, cl. 3). Chief Justice Rehnquist delivered the opinion of the Court, and in so doing, said [at 457-458]:

The Constitution creates a Federal Government of enumerated powers. As James Madison wrote, “[t]he powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite.” The Federalist No. 45. This constitutionally mandated division of authority was adopted by the Framers to ensure protection of our fundamental liberties. Just as the separation and independence of the coordinate branches of the Federal Government serves to prevent the accumulation of excessive power in any one branch, a healthy balance of power between the States and the Federal Government will reduce the risk of tyranny and abuse from either front.

The decision removed from enforcement the federal gun free school zone law, as a determination of that nature resided solely with the state, by those powers not granted to the federal government, rather, retained by the state government.

In another instance, Alden et al. v. Maine, 527 U.S. 706 (1999), this case dealt with the sovereignty of a American state government, Justice Kennedy delivered the opinion of the Court:

… Any doubt regarding the constitutional role of the States as sovereign entities is removed by the Tenth Amendment, which, like the other provisions of the Bill of Rights, was enacted to allay lingering concerns about the extent of the national power. The Amendment confirms the promise implicit in the original document: “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” U. S. Const., Amdt. 10.

The federal system established by our Constitution preserves the sovereign status of the States in two ways. First, it reserves to them a substantial portion of the Nation’s primary sovereignty, together with the dignity and essential attributes inhering in that status. The States “form distinct and independent portions of the supremacy, no more subject, within their respective spheres, to the general authority than the general authority is subject to them, within its own sphere.” The Federalist No. 39.

Second, even as to matters within the competence of the National Government, the constitutional design secures the founding generation’s rejection of “the concept of a central government that would act upon and through the States” in favor of “a system in which the State and Federal Governments would exercise concurrent authority over the people–who were, in Hamilton’s words, `the only proper objects of government.'” (quoting The Federalist No. 15). In this the founders achieved a deliberate departure from the Articles of Confederation: Experience under the Articles had “exploded on all hands” the “practicality of making laws, with coercive sanctions, for the States as political bodies.” The Federalist No. 20.

Perez v. Mortgage Bankers Association (2015), with Justice Thomas, concurring in the judgment, said:

When a party properly brings a case or controversy to an Article III court, that court is called upon to exercise the “judicial Power of the United States.” Art. III, §1. For the reasons I explain in this section, the judicial power, as originally understood, requires a court to exercise its independent judgment in interpreting and expounding upon the laws.

Those who ratified the Constitution knew that legal texts would often contain ambiguities. As James Madison explained, “All new laws, though penned with the greatest technical skill and passed on the fullest and most mature deliberation, are considered as more or less obscure and equivocal . . . .” The Federalist No. 37.

One of the key elements of the Federalists’ arguments in support of the allocation of power to make binding interpretations of the law was that Article III judges would exercise independent judgment. Although “judicial independence” is often discussed in terms of independence from external threats, the Framers understood the concept to also require independence from the “internal threat” of “human will.” The Federalist No. 78, “The judiciary . . . may truly be said to have neither FORCE nor WILL but merely judgment . . . “. Independent judgment required judges to decide cases in accordance with the law of the land, not in accordance with pressures placed upon them through either internal or external sources. Internal sources might include personal biases, while external sources might include pressure from the political branches, the public, or other interested parties.

Necessary and Proper

Article I, §8, clause 18:

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

This clause is worthy of additional consideration. What may be necessary and proper for the function, and the fulfillment of the duties, of the federal government is, without question, within the realm of the intent. That comes under the portion which states, “the foregoing Powers”, meaning those enumeration within Article I, §8.

Next, we have to consider, “all other Powers vested by this Constitution in the Government”. Here, we can consider whether a “Power” exists, and whether, without express authority, the government can properly assert that “Power”. For example, Article II, §2 provides that the President is “Commander in Chief of the Army and Navy of the United States”. clearly, laws enacted to facilitate that function are within the scope of the intent of clause 18. So, too, would be laws that set forth the operation of other functions within the various “Departments or Officers”, though the existence of those Departments and Officers must, by their creation, be consistent with the Constitution.

Now, here comes a stickler. The Preamble to the Constitution provides a description of the purpose of the Constitution and the government it created:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Let’s look at some adjectives (Definitions from Webster’s 1828 Dictionary, the words as understood by the Founders):

establish: To set and fix firmly or unalterably; to settle permanently. To found permanently; to erect and fix or settle; as, to establish a colony or an empire.

insure: To make sure or secure.

provide: To procure beforehand; to get, collect or make ready for future use; to prepare.

promote: To forward; to advance; to contribute to the growth, enlargement or excellence of any thing valuable, as, to promote learning, knowledge, virtue or religion.

secure: Free from fear or apprehension of danger.

(1) To set or fix firmly or unalterably a form of Justice; (2) To make sure that there is domestic Tranquility; (3) To procure beforehand, ready for future use, the common defence; (4) To forward (encourage) the general Welfare; and, (5) To make free from fear or apprehension, the Blessings of Liberty.

Of these, two are somewhat ambiguous, unless the on text is understood. How can enactments, for example, make sure that there is domestic Tranquility? Well, that Tranquility might best be described as the absence of government intrusion into our lives, so, it is absence of action rather than action that can produce the intended result. The other is to promote the general Welfare. It doesn’t say provide, therefore, providing the general welfare is not what was intended. Further, it says “general”, meaning creating a wholesome setting for the people to provide for their own welfare. These two, then, would, perhaps, require laws limiting activities of government that would be detrimental to the purposes.

The other three are rather straightforward. Establishing a judicial system that is focused on justice, rather than unconstitutional law. Providing for military protect for the country, should the need arise — it does say “defence”. And, to enact any law that assures that our posterity will enjoy the same “Blessings of Liberty that we intended to enjoy.

So, of these, “necessary and proper” must adhere to the achievement of the objectives. Anything contrary thereto would be unnecessary and improper.

Returning to “Departments and Officers”, the creation of Departments and the Officers within those departments would have to be within the confines of the defining powers of government. For example, if the Bureau of Alcohol, Tobacco, and Firearms, is created under the authority of excise taxes, then it is a tax collection agency, and its sole purpose is the collection of those taxes. Would a law be necessary and proper if it made a criminal of someone who chose to not pay the tax, or would it be limited to collection, not by force, rather, by judicial process, of any taxes owed?

This is the fine line of what the Constitution means. It is left to proper judicial interpretation, and that interpretation was made in the Supreme Court decisions cited above.

The Lopez case determined that the commerce clause was limited in its reach, and that it was encroaching on the rights and jurisdiction of the states to determine whether someone could possess a firearm within a specified distance from a school.

Alden reinforces the authority of the states to retain their sovereignty, if there is not a specific “necessary and proper” aspect to a federal law enacted by the Congress, or a Rule administered by an Administrative Agency.

The Perez case demonstrates the necessity of the judges and justices to interpret the original intent of a legislative act, as intended by the wording in the law, as well as to weigh the constitutionality, the “necessary and proper” aspect of an enactment of Congress, or a Rule promulgated by an agency..

The Commerce Clause

In Federalist Papers 41-46, he provides a thorough explanation of the three branches, their separation, and their powers and limitations. He also points out that there is a distinction between “necessary and proper” (Art. I, §8, cl. 18) and what is “unnecessary or improper”.

As he continues through these six Papers, he raises two questions:

1.  Whether any part of the powers transferred to the general government be unnecessary or improper?
2.  Whether the entire mass of them be dangerous to the portion of jurisdiction left in the several States?

And, into doing, he provides insight into:

[T]he several powers conferred on the government of the Union; and that this may be the more conveniently done they may be reduced into different classes as they relate to the following different objects:
1. Security against foreign danger;
2. Regulation of the intercourse with foreign nations;
3. Maintenance of harmony and proper intercourse among the States;
4. Certain miscellaneous objects of general utility;
5. Restraint of the States from certain injurious acts;
6. Provisions for giving due efficacy to all these powers.

Now, the one that we are concerned with is that dealing with is number 3:

[The Power] To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

In particular, the second, “among the several States”, which he defined, above, as “3. Maintenance of harmony and proper intercourse among the States“.

One of the defects of the Articles of Confederation was that it had no means whereby it could control what one state did with regard to another state, as far as duties or taxes. If a ship came from a foreign port with goods to be delivered to a couple of different ports, in different states, it had an unfair impact on other than the first state visited. For example, if a ship came into New York, and had goods for New Jersey, New York would impose a duty on all of the goods aboard. Then the ship would cross the river to New Jersey, having already paid duties in New York, increasing the price of the goods offloaded in New Jersey.

Vermont and the already created Northwest Territories, being land bound, might be charged anything for any goods transported across any of the coastal states, to get to a shipping port — adding additional costs to those goods. Whereas the coastal states would have not additional charges on their goods.

It was with this problem, already existing, that lead to the inclusion of the commerce clause. Or, to put it in the words of James Madison (FP 42):

The defect of power in the existing Confederacy to regulate the commerce between its several members, is in the number of those which have been clearly pointed out by experience. To the proofs and remarks which former papers have brought into view on this subject, it may be added that without this supplemental provision, the great and essential power of regulating foreign commerce would have been incomplete and ineffectual. A very material object of this power was the relief of the States which import and export through other States, from the improper contributions levied on them by the latter. Were these at liberty to regulate the trade between State and State, it must be foreseen that ways would be found out to load the articles of import and export, during the passage through their jurisdiction, with duties which would fall on the makers of the latter and the consumers of the former. We may be assured by past experience, that such a practice would be introduced by future contrivances; and both by that and a common knowledge of human affairs, that it would nourish unceasing animosities, and not improbably terminate in serious interruptions of the public tranquility.

Now, to extend the ambiguous wording of the clause into means of enacting laws the step upon the toes, or the rights, of the States to determine what is acceptable within their sovereign lands, as, without a doubt, and abuse of the intent of that clause. It violates the very concept of a Union, making the federal government master of all, and the states, masters of naught, at least to the extent that the federal government intends to extend its influence.

So, when that provision for commerce becomes a uniform tax imposed by the federal government (Gun Control Act of 1934), rather than the intended purpose on not letting one state take advantage of another. Then the tax is removed and the act becomes a crime, (as discussed in Massey & The Clash of Laws) which is in opposition to the Texas Constitution and Statutes, we must, if the judiciary will not question what the intent is, and whether the federal “felon in possession” law is within that intent.

As was seen in the court decisions cited above, the Supreme Court does recognize the intent based upon the writings of Hamilton, Jay, and Madison. So, in the name of justice, should the lower court rule, with the wisdom intended, in favor of the Constitution? That is what Madison told us was intended. Thus leaving any challenge to seek an interpretation contrary to the Constitution as a burden on the government, rather than imprison someone, leaving the obligation on this victim of government oppression, the loss of his job, his family, and facing starting over, with the stigma of “convict” attached to his name, if the Supreme Court eventually rules that the law, as interpreted by the government agents, is in error, with regard to any authority granted by the Constitution? Is that not his proper role?

Independence Day – July 4

In the Year of Our Lord, Two Thousand and Fifteen
and of Our Independence, Two hundred and Thirty-Nine

Gary Hunt
Outpost of Freedom
July 4, 2015

Two hundred and thirty-nine year ago, a handful of men, expressing the sentiments that had already been expressed in over ninety similar declarations, committed to paper a consolidation of those documents that had preceded it, and the will of the people of the 13 British colonies of North America.

After over five years of combat, rag-tag farmers, fighting against the greatest military force in the world at that time, prevailed in a war they believed, with honor, to be “the right thing to do.”

Just about one hundred and fifty-four years ago, again, a test between those who believed that they were right was pitched against others who believed that they were right. The contest, this time, was between those who wanted to preserve a Union and those who believed that States had rights that could not be subordinated to a simple majority in opposition.

This war lasted less than five years, and the side that lost, though they had fought, with honor, because it was “the right thing to do.” And, the side that won also, fought with honor, because it was “the right thing to do.” However, the losing side forgiven by the winning, first at the surrender next by a general amnesty by President Lincoln, and finally, by amnesty granted by President Johnson, because that, too, was “the right thing to do.”

They were also recognized as an honorable foe by those who fought on the winning side, and most of the general population of the northern states, because it was “the right thing to do.” Among all, there was no animosity, except by a handful of those in Congress who chose to punish those who had done what they believed to be “the right thing to do.”

Eventually, Congress relinquished and allowed the punishment known as “Reconstruction” to expire, and we were, finally, whole, again. History recognized that both sides had done what they believed to be “the right thing to do.” And, the country continued to progress, in relative harmony, for another century. During that century, twice the United States was called upon to aid European nations, and to defend herself, because they believe it to be “the right thing to do.”

Since that time, we have started many wars, and we have lost all of them. Perhaps it is because we have left to the government the determination as to what “the right thing to do” is. It is not the will of the people, for they are simply encouraged to wave the flag.

It is the people that have allowed the representatives to become leaders, rather than our “representatives” to follow our will. And, we have allowed then to make the decisions that have lead our country to the despair, the distress that we now find ourselves living with.

For the first time since the end of World War II we find ourselves faced with the question as to just what we need to determine as “the right thing to do”, just as the Americans were called upon to do, in the past.

If we are seeking an answer, perhaps a single sentence from the Declaration of Independence, that first instance of having to determine what “the right thing to do” was, will provide the guidance that had since been lost:

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.

Greenmail
Income Tax, Flat Tax, or, No Tax?

Gary Hunt
Outpost of Freedom
June 22, 2015

For those who believe that the federal government should tax us, either by income tax or a fair tax, or any other direct means of taxation, must understand that doing so only creates socialism among the states (taking from one to give to another), as the following table shows (A more complete table can also be found at Tax Foundation Special Report No. 158, “Federal Tax Burdens and Spending by State).

The table is from 2005 (I haven’t found a newer one, yet), so I would suppose that the only changes, absent minor redistributions of moneys, would be that the numbers have gone up, proportionately, in the last 6 years.

Note that $2,084,247,000,000 was taken in through taxes and that $2,210,184,000,000 was sent back to the states. This results in nearly $126 billion that was added back to the states’ side (to the benefit of the state). This additional money is likely a debt passed on to our posterity. And, this does not account for the many trillions spent by the federal government, each year, to support wars, foreign aid, and the expense of operating the government and its administrative agencies.

So, if the money never went to the federal government (income taxes), then the states would have had less revenue, even if they retained that which would have gone to the federal government for redistribution back to the states.

Now, there is also a loss in the administration of the distribution of the money. First, it is collected (IRS); then it has to go to the various agencies (accounting) for distribution back to the states (with all of the strings attached); then the state has to distribute the funds according to those strings, which, surely, requires a significant staff to assure that no money goes where the federal government does not want it to go, and vice-versa.

How much less would it cost if the states collected that money (and, being closer to home, might be more cautious in their raising taxes and spending recklessly, or to comply with federally mandated programs), and determined where it was to go, without federal intervention?

Now, if this does not convince you that a federal direct tax is unnecessary, and that it is used to manipulate social change and to bring the states into subjugation, then I would appreciate your explanation as to why it does not.

You should also note that Washington, D.C. gets back nearly six times, per capita, what it contributes, which amounts to over $65,000 per resident of that “model” city.

You can understand that rather than calling this blackmail, it is more appropriately defined as “Greenmail”.

* During fiscal years in which the federal government runs deficits some spending is financed through borrowing. This creates implicit tax liabilities for states that must be repaid eventually. To incorporate these implicit tax liabilities into the analysis, the following adjustment was made to state tax burdens: First, the total federal tax burden is increased by the size of the federal deficit. Next, this total burden is allocated among states based on each state’s proportion of the actual federal tax burden. Finally, adjusted spending-per-dollar-of-tax ratios are calculated by dividing actual expenditures by the adjusted tax figure, effectively making figures deficit neutral.

Source: Tax Foundation Special Report No. 158, “Federal Tax Burdens and Spending by State,” and U.S. Census Bureau’s Consolidated Federal Funds Report for 2005.

Camp Lone Star — A Favorable Ruling?

Gary Hunt
Outpost of Freedom
May 26, 2015

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

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

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

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

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

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

The Argument

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

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

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

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

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

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

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

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

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

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

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

Sec. 46.04. UNLAWFUL POSSESSION OF FIREARM.

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

(1) after conviction and before the fifth anniversary of the person’s release from confinement following conviction of the felony or the person’s release from supervision under community supervision, parole, or mandatory supervision, whichever date is later;

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

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

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

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

* * *

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

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

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

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

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

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

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

Gary Hunt
Outpost of Freedom
May 26, 2015

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

The Truth About Habeas Corpus, the “Sacred Writ”

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

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

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

A privilege is a right that can be suspended.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Gary Hunt
Outpost of Freedom
May 23, 2015

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

bu·reauc·ra·cy. noun

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

Administrative Agencies Rule Our Lives

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

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

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

He then goes on to say:

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

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

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

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

The Founders on Constitutional Limitations

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

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

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

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

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

Gary Hunt
Outpost of Freedom
May 22, 2015

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

* * *

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

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

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

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

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

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

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

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

Limited federal Jurisdiction

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Vermont

The Fourteenth Colony

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

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

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

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

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

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

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

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

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

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

ALBANY [New York], January 13.

XIVth PILLAR OF OUR FREE AND HAPPY FEDERAL GOVERNMENT

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

Waco – A Lesson in History

Part I
Looking Back at Waco

Gary Hunt
Outpost of Freedom
March 4, 2015

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

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

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

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

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

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

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

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

Links to the other parts:

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

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

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

Waco – A Lesson in History

Part II
Rules of Engagement

Gary Hunt
Outpost of Freedom
March 4, 2015

Within the few years following the events of February 28 through April 19, 1993, some investigations were completed, hearings held, and reports filed. New information came out after the Oklahoma City Bombing, since the tie between Waco and McVeigh’s actions were irrefutable.

During this same period, two individuals continued their pursuit of truth over the events in Waco, doggedly finding witnesses, filing FOIA requests, and looking into every nook and cranny, in an effort to expose more of the misdeeds of government, both during those fateful 51 days and the government’s continued efforts to cover up the truth.

As more information came out disputing the official version, the government and Congress moved into a defensive posture, setting up the Danforth Commission to “set to rest the idea that the government had done anything wrong at Waco”.

The initial report from that commission was published in July 2000, and in their findings, they did establish, at least in the minds of the government, that the government did no wrong — regardless of evidence to the contrary.

“Waco – The Rules of Engagement” (Academy Award nomination for best documentary – 2:15:51) relives the events, as they occurred, delves into, and challenges, with supporting evidence, many of the lies told by government officials. This is not what mainstream media reported. Rather, it is a presentation of events, unclouded by the FBI Press Conferences. It includes portions of hostage negotiation discussions (kept from the public during the standoff) that dispute the public asservations then being made and published. Finally, it begins comparing information and evidence that was brought to light through the persistence of Mike McNulty and David Hardy, which further dispute certain claims made by the government officials.

By the time you have finished watching this video, you will have a new understanding of those events of twenty-two years ago, and we will see that the tactics applied against the Church in Waco, Texas, have continued and expanded, so that at present, we can see the manifestation of a criminal government and the establishment of impunity for those actions.

Links to the other parts:

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

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

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