Posts tagged ‘demonization’

Burns Chronicles No 37 – Intent v. Effect

Burns Chronicles No 37
Intent v. Effect

intent-v-effect-composite

Gary Hunt
Outpost of Freedom
October 30, 2016

There has been no substantial interview regarding the deliberations that resulted in 12 Not Guilty Verdicts, and One Verdict where the jury could not get consensus.  However, we do have a bit of information that is probably the most critical single piece with regard to understanding just what happened that led to those verdicts.

Juror #4, the juror that brought Judge Brown the indication of bias by Juror #11, has stated that the government failed to show that the occupiers had the intention to impede the government employees.  That the failure of the employees to report to the Refuge may have been an effect of the occupation.  Since the Jury Instructions required the government to prove “intent”, the jury had to find them Not Guilty, at least with regard to Counts One and Two.  In a written statement, Juror #4 said, “All 12 agreed that impeding existed, even if as an effect of the occupation.”  The difference between “effect” and “intent”, then, becomes the foundation for this article.

However, first, a bit of an explanation.  I seldom bring politics into any of my articles, however, to put this situation in a proper context, I think it is necessary to do so, now.  Whether what I am going to bring to your attention had anything to do with their verdict, or not, is yet to be known.  If it was not considered, then the irony of the comparison still should be of interest to all.

Addressing those matters that were brought to our attention, this past Friday, regarding Hillary Clinton’s email server and the possibility that criminal pedophiliac material may have gone through that server.  That material could possibly be emails from former Representative Anthony Weiner (New York (D)), through his wife, Muslimah Huma Abedin*, through Hillary’s rather suspicious email server, to an underage girl.

* Huma AbedinFormer deputy chief of staff to U.S. Secretary of State Hillary Clinton, and still a prominent figure in Hillary’s campaign for President.

If that were the case, then suspicion of such activity would warrant, as in all pedophile investigations, the seizure of phones, computers, photographs, records, and almost anything that might prove to be evidence of criminal activity.

At present, there is no public knowledge of the suggested connection, FBI Director James Brien “Jim” Comey, Jr., has advised Congress that the Clinton email scandal investigation has been reopened.  Rather ironically, this information comes out the day after the Verdict of Not Guilty in the Ammon Bundy trial.

However, this email scandal had its roots back on July 5, 2016, when Comey stated that, “[W]e did not find clear evidence that Secretary Clinton, or her colleagues, intended to violate laws governing the handling of classified information…” (video).  In his almost unprecedented statement, he recommended that the Justice Department not prosecute, because of the absence of intent.

However, it appears that the Jury in the Bundy trial had more sense than either Comey or Billy J. Williams, United States Attorney for the Oregon District.  Comey chose not to prosecute and Williams, probably based on the recommendation of Greg Bretzing, FBI SAIC, chose to prosecute.  All three ignored what even a blind man could see.

. Continue reading ‘Burns Chronicles No 37 – Intent v. Effect’ »

Burns Chronicles No 36 – Words from the Poor Losers

Burns Chronicles No 36
Words from the Poor Losers

crying-emoticon

Gary Hunt
Outpost of Freedom
October 29, 2016

Quite often, while writing an article, my heart is heavy over the actions of government that is suppressing the rights that are our birthright, as posterity of the Founding Fathers.  However, as I sit at my keyboard, today, it is with a sense of pleasant surprise and extreme joy that so many felt, yesterday, when the verdict was announced in the Ammon Bundy, et al, trial.

The pleasant surprise comes because for the first time in over twenty years of watching Patriots stand trial for pretend crimes, the jury came back with a verdict that was not what the government wanted.

In a recent article, “The Bundy Affair – #16 – The Legal Shotgun“, I explained how there is a tendency for juries to find defendants guilty of something, especially when many charges, or counts, are a part of the prosecution.  This seems to be based upon the infallibility of government.  If they say that someone did something wrong, then we, the jury, must find them guilty of doing something wrong.

The jury found that though the government tried, desperately, to prove “intent”, they saw an “effect” in the matter of government employees failing to go to work during the occupation.  Interestingly, as explained in another article, “Burns Chronicles No 30 – Officer?   What Officer?“, the law that was cited in the Indictment applied only to “officers”, not “employees”.  So, the jury being denied that information, what the law really is, still found no cause of intent, on the part of the defendants, to have kept any employee from doing their duty.

Before we move on to extreme joy, we will lay a foundation for a better understanding of what led to the exultation.  And, it is mostly predicated upon the various government bureaucrats’ reaction to the verdict.

. Continue reading ‘Burns Chronicles No 36 – Words from the Poor Losers’ »

Burns Chronicles No 35 – From the Law Giver: “the law as I give it to you!”

Burns Chronicles No 35
From the Law Giver: “the law as I give it to you!”

jury-05

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

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

kc-now

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.

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

Burns Chronicles No 31 – Public Lands – Part 3 – The Queen has Ruled – Off with their Heads

Burns Chronicles No 31
Public Lands – Part 3
The Queen Has Ruled – Off With Their Heads

anna-brown-judge-clr-w-crownGary Hunt
Outpost of Freedom
September 29, 2016

In two previous articles, Shawna Cox brought the matter of Jurisdiction to the Court.  The first, explained in “Public Lands – Part 1 – It’s a Matter of Jurisdiction“, was filed in response to the government’s “Motion for Judicial Notice” (1229), providing proof of ownership of the land upon which the MNWR headquarters sit.  In that Motion, filed September 9, 2016, they cited no previous motion to which they were responding.

Shawna, based upon a chain of title that she had received, had no dispute with the ownership.  However, neither the government’s request for judicial notice and attached documentation nor the chain of title provided any indication that the land, which both parties agreed, had been in private hands before the government reacquired it, had been ceded back to them by Oregon.

Shawna then filed her “Response to and Motion for Judicial Notice Regarding Ownership & Ceding of the MNWR Headquarters Area” (1245).  In that Motion, she stipulated the government’s ownership and asked the Court to take Judicial Notice that the subject lands had not been ceded back to the federal government by Oregon.  The Motion was quite simple and simply stated that since no proof of ceding had been provided, the Judicial Notice was in order.

The government then filed its Response (1272) to a number of motions, including Shawna’s Motion.  Geoffrey A. Barrow, the attorney that signed the Response, apparently has a reading disorder.  Shawna never contested the government’s motion for judicial notice.  Instead, she stipulated that they did own the land.  However, he chose to read into her motion what he thought the Judge might like:

Cox opposes the government’s request (ECF No. 1229) and, in turn, moves for judicial notice consistent with the separately filed McIntosh Declaration (ECF No. 1252). McIntosh repeats the adverse possession theories that this Court has already rejected many times, although he reads the government’s Houghton Declaration (ECF No. 1230) as further support for his views. McIntosh’s theory is that the federal government simply could not have obtained lawful title to the MNWR absent permission from the state. His theories are contrary to the law that this Court has already recognized controls this issue, and his stated credentials (i.e., his stated directorship of two web-based, environmental-sounding organizations) reveal that he is an advocate who shares defendants’ misguided views. (One organization promises to give a “strong voice that will dominate and control state and federal bureaucrats”).
Cox’s counter-Motion for Judicial Notice should be denied.

Now, Shawna never mentioned “adverse possession” in her motion – she simply sought judicial notice that the land had not been ceded back to the government.  This is quite consistent with what the government had cited in their judicial notice, when they said:

Federal Rule of Evidence 201 permits this Court to take judicial notice of adjudicative facts “not subject to reasonable dispute.” The Advisory Committee Note to the rule explains that “adjudicative facts” are those that “relate to the parties, their activities, their properties, their businesses.” Courts routinely take judicial notice of recorded property records.

Now, the government has proffered no argument establishing that Oregon had ceded back jurisdiction to the federal government.  If it had been ceded back, then it would have, as required by the Statute of Frauds, been recorded in the public records.  There is no argument, except the false association with Ammon’s motion, which would be cause for the Court not to take “Judicial Notice”.

. Continue reading ‘Burns Chronicles No 31 – Public Lands – Part 3 – The Queen has Ruled – Off with their Heads’ »

The Bundy Affair – #16 * The Legal Shotgun

The Bundy Affair – #16
The Legal Shotgun

legal-shotgun-shell

Gary Hunt
Outpost of Freedom
September 28, 2016

In a related article, “Burns Chronicles No 30 – Officer? What Officer?“, I addressed a common element to the Indictments from Oregon and Nevada.  You may also want to refer back to that article to see how the federal government has, over the years, expanded its authority (jurisdiction) well beyond what the Constitution granted to that government.  The article covered the extent of the Oregon Indictment, but only the common charge of violation of 18 US Code § 372.  The Nevada Indictment goes a bit further.  It charges the accused with violation of 18 US Code § 371 and endeavors to provide some substance to the charge, which was not done in Oregon.

We will start with the charge of violation of 18 US Code § 371, which reads, in the Indictment:

COUNT ONE

Conspiracy to Commit an Offense Against the United States

(Title 18, United States Code, Section 371)

Paragraphs 1 through 153 are incorporated herein in full…

So, what does US Code § 371 say?

18 U.S.C. § 371 – Conspiracy to commit offense or to defraud United States

If two or more persons conspire either to commit any offense against the United States, or to defraud the United States, or any agency thereof in any manner or for any purpose, and one or more of such persons do any act to effect the object of the conspiracy, each shall be fined under this title or imprisoned not more than five years, or both.

It is interesting that this really overlaps 18 US Code § 372, the statute addressed in the previous article in that it says, “to commit any offense against the United States”.  Now, § 372 is an offense against the United States, so why is there a charge that is already incorporated in another charge?

My guess is that it is what I refer to as a “legal shotgun”.  In the Branch Davidian trial, Sarah Bain explained there were so many charges against the Davidians that the jury felt they had to find the Davidians guilty of something.  So they took the charge with the lowest punishment, and found them guilty of that Count.  So, if you throw enough peanut butter at a wall, some of it will stick.  Not a very good concept of justice, but the government knows how human nature works.  You could call it a “chicanery conviction”.

. Continue reading ‘The Bundy Affair – #16 * The Legal Shotgun’ »

Burns Chronicles No 28 – Public Trial – Mistrial? – What stinking Mistrial?

Burns Chronicles No 28
Public Trial
Mistrial? What stinking Mistrial?

anna-brown-judge-bww-crown

Judge Anna Brown

Gary Hunt
Outpost of Freedom
September 19, 2016

A rather interesting what, and from a lay standpoint unjust, occurrence, happened both in the paper chase (at this point, nearly 1300 docket entries) and in the courtroom. It had to do with the testimony of the government’s first witness, Harney County Sheriff David Ward. It was a Motion for Mistrial.

An interesting note on the Motion is that we obtained a copy shortly before it was “SEALED”. This led to the admonishment that is addressed below.

It all began on the 2nd day of the trial (Wednesday, September 14), during cross-examination by Ammon Bundy’s attorney, Marcus R. Mumford is questioning Sheriff Ward.  Here are excerpts from the Motion, taken from the rough-draft transcripts:

Q.  And you had conducted some investigation, into Bunkerville?

A.  I had.

Q.  And did that investigation come – that was in the process of those meetings that you had with the U.S. attorney, and the FBI?

A.  I had – I had gone on to the Internet and googled it, it’s amazing what you can find on there.

I found videos from the things that happened at Bunkerville. I – I looked at a lot of different – lot of different things that happened, throughout that incident. And the thought that have happening in my community scared the hell out of me, where I saw armed people lined up on both sides, advancing, you know, with – with one side advancing against another.

I had learned some of unstable people who had left that situation, and killed two police officers, while they were eating lunch in a restaurant.

I think that there are – there are a lot of circumstances I was attempting to avoid in my community, sir.

Then, Mumford asked that some of Ward’s testimony be stricken:

MUMFORD: Your Honor, I would move to strike that.

THE COURT: Move to strike what, sir?

MUMFORD: The nonresponsive part of the –

THE COURT: I don’t know what you identify as nonresponsive.

The answer seemed responsive to your question, so be specific.

MUMFORD: Okay. Well – I think it was a yes-or-no question, your Honor.

THE COURT: Is there another objection?

Mumford, failing to make any progress, is simply abandoned by Judge Brown. However, Ryan Bundy, acting pro se (representing himself), jumps in, once the Judge recognizes that he, too, has an objection.

DEFENDANT RYAN BUNDY: Yes, my objection, your Honor, hearsay, there, it alludes to events that were not necessarily related to – to the situation.

THE COURT: The court reporter is not hearing you, Mr. Bundy, because of your microphone not being on.

Would you –

DEFENDANT RYAN BUNDY: The mic is on.

THE COURT: Let’s try again. The court reporter wasn’t hearing, would you please restate your objection?

DEFENDANT RYAN BUNDY: Yes, hearsay.

He’s tying in persons that were not involved it (pause, conferring.)

Prejudicial, I change that to prejudicial.

About the folks supposedly killing people that were not associated with us.

THE COURT: Jurors, I’m going to ask you to disregard the witness’s references to events that occurred in Nevada that had to do with the police officers being killed, and whether they were or weren’t associated with Bunkerville.

The answer generally was responsive, in that it reflected the witness’s state of mind, but you’re not to consider that particular part of his answer in any part of your consideration of this evidence.

Now, the transcript is a “rough-draft transcript”, and we are told that there was an Order made by the Judge, referencing “Court’s Sealed Order 1141”. Then, she goes on to admonish Mumford for using quotes from the “rough-draft transcript” in his Motion.

.mistrial-1 Continue reading ‘Burns Chronicles No 28 – Public Trial – Mistrial? – What stinking Mistrial?’ »

Burns Chronicles No 26 – Firearms (Not) Allowed

Burns Chronicles No 26
Firearms Not Allowed

mouse trap

Gary Hunt
Outpost of Freedom
August 29, 2016

What happens when one law says that you can and the other law says that you can’t? Well, let’s enter the world of Perplexity and see what we can find.

To begin, we have to look at Count II of the Superseding Indictment. In the Indictment, it reads like this:

(Possession of Firearms and Dangerous Weapons in Federal Facilities)

(18 U.S.C. §§ 930(b) and 2)

On or about January 2, 2016, and continuing through February 12, 2016, in the District of Oregon, defendants [lists names of Defendants], and aided and abetted by each other and by others known and unknown to the grand jury, did knowingly possess or cause to be present a firearm or dangerous weapon in a federal facility located at the Malheur National Wildlife Refuge, and counseled, commanded, induced and procured the commission thereof, with the intent that the firearm or dangerous weapon be used in the commission of a crime, to wit: 18 U.S.C. § 372, Conspiracy to Impede Officers of the United States, in violation of Title 18, United States Code, Sections 930(b) and 2.

So, let’s put that into English, in simple terms, “On or about January 2, 2016, and continuing through February 12, 2016 [The Defendants] did knowingly possess or cause to be present a firearm or dangerous weapon in a federal facility located at the Malheur National Wildlife Refugewith the intent that the firearm or dangerous weapon be used in the commission of a crime, to wit: 18 U.S.C. § 372.

The first cited statute, 18 US Code §930(b) reads:

(b) Whoever, with intent that a firearm or other dangerous weapon be used in the commission of a crime, knowingly possesses or causes to be present such firearm or dangerous weapon in a Federal facility, or attempts to do so, shall be fined under this title or imprisoned not more than 5 years, or both.

Did those who occupied the Refuge “intend” to shoot anybody; use firearms to force people to leave their duties (18 US Code §372); or, have any other intent than to protect themselves? They had no intention of robbing the place, they had no intention of damaging the facility (instead, they improved it), and, there was no one present for them to impede. This was discussed in a previous article, “Burns Chronicles No 14 – Which Came First, the Rooster or the Egg?“. From all appearances, and absent any evidence to the contrary, their purpose in having firearms was solely one of self-defense (But more on that, later.).  Civil Disobedience, and even Civil Defiance (See Resistance Has Begun), might put one at risk, but then that person has every right to defend himself against an overzealous attack by an overarching government. Absent a lawful warrant: not even the government is justified in shooting someone except in self-defense.

. Continue reading ‘Burns Chronicles No 26 – Firearms (Not) Allowed’ »

The Bundy Affair #15 – Free Speech and Assembly v. Conspiracy

The Bundy Affair #15
Free Speech and Assembly v. Conspiracy

tape in jail
Gary Hunt
Outpost of Freedom
August 24, 2016

The Preamble to the Constitution begins with “We the People”.  The reason for such an introduction is perhaps a bit more intricate than most understand it to be.  There are two reasons for this introduction.  The first being that the Articles of Confederation and the government created by it, were created by the states.  It was a “perpetual union“, and could not dissolve itself.  However, going to the ultimate source, the People, they had every right to reject that government for one created by themselves.  The right is clearly spelled out in the Declaration of Independence, to wit:

That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed, that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.

The People’s authority then is embodied in the document that had, just a decade earlier, justified separation from British rule.  It was called into play, once again, since strife and turmoil were beginning to undermine the relationship between the states under the Articles of Confederation — a government created simply to unify the fight for Independence.

The second reason is based upon who was to approve the Constitution.  Most of the states had created new governments, via their respective constitutions.  However, the constitutions, in most states, were created and approved by the legislative body.  Each had an amendment provision, though that provision allowed the successive legislatures to change the constitution through legislative enactment.  This meant that the constitutions were an ineffective safeguard against usurpation.  By the time of the Philadelphia Convention, most states had resorted back to the people for both ratification and amendment to their constitutions.  This concept had permeated the legislative bodies, including that Convention — and the authority of the People, though through conventions, the sole source of authority.  The government could not remove the constraints placed upon it by the Constitution.

. Continue reading ‘The Bundy Affair #15 – Free Speech and Assembly v. Conspiracy’ »

Burns Chronicles No 24 – To Plea, or, Not To Plea

Burns Chronicles No 24
To Plea, or, Not To Plea

white-flag-surrender-question

Gary Hunt
Outpost of Freedom
August 16, 2016

As some of those staunch defenders of our rights, in both Burns, Oregon, and Bunkerville, Nevada, decide to make a plea agreement with the prosecutors, the Internet has both armchair quarterbacks damning them and sympathetic supporters who will stand by their decision.  However, perhaps it is necessary to look a little deeper into who those people, at both the Ranch and Refuge are, and to consider their respective objectives.

We can categorize those who participated in both events by comparing them to those who stood up against the British, 240 years ago.  In so doing, there are three general categories, so that we can consider them in a contemporary context.

The first category is, for want of a better term, the politicos.  Historically, these would be those who served on local and Provincial Committees of Safety and, those who went to Philadelphia and served in the Continental Congress.  There may be others, such as newspaper editors and others who were outspoken against the British, so that we can lump them into this category, as well.

Now, in the past two years, we have, likewise, the politicos, those whose involvement is to challenge the government concerning both rights and that which should be right.  Their objective is educational as well as political, desiring to provide understanding to other citizens as well as to attempt to get the government to stay within its limits and to remain obedient to the Constitution.

The second category is those with military inclinations.  For the most part, they had prior military and leadership experience in the French and Indian wars.  Their purpose was to use military force to protect the rights of Englishmen and defend against forces thrown against them.

In the contemporary context, it would include those with military and leadership experience who have taken the task of protecting those politicos against attempts at violent suppression of their right to seek redress of grievances and to speak freely on subjects of concern to others.

These first two categories can easily be equated to the First Amendment, for the politicos, and the Second Amendment for those with military inclinations. Continue reading ‘Burns Chronicles No 24 – To Plea, or, Not To Plea’ »