Posts Tagged ‘fourth branch of government’

Burns Chronicles No 54 – To Jury, or, Not To Jury

Monday, January 23rd, 2017

Burns Chronicles No 54
To Jury, or, Not To Jury

Gary Hunt
Outpost of Freedom
January 23, 2017

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

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

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

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

We must also look to the Seventh Amendment:

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

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

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

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Burns Chronicles No 36 – Words from the Poor Losers

Saturday, October 29th, 2016

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.

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

Monday, October 17th, 2016

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.

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The Bundy Affair #14 – “public trial” v. Star Chamber

Thursday, August 11th, 2016

The Bundy Affair – #14
public trial” v. Star Chamber

star chamber 01

Gary Hunt
Outpost of Freedom
August 11, 2016

Recently, the Las Vegas Review Journal petitioned the Court to allow access to certain evidence that would be used against the Defendants.  They even asserted that they would have no problem if names were omitted from the documents.  This was filed in response to the government’s Proposed Protective Order, a request that the Court seal and keep from the public some of the discovery materials, certain evidentiary documents, and exhibits that could be used in the trial against the Defendants.  Quite simply, it is all of the evidence acquired by the government in their pursuit of the persecution of 19 people that were involved in the Bundy Ranch Affair, nearly two years before the matter was indicted by a Grand Jury.  The Court has yet to rule on the matter.

Before we proceed, the discovery material would show what the government did, what they acquired, what their practices are, and whether they had subversive agents embedded within the group that afforded protection to the Bundy Ranch in April 2014.

As you follow along in pursuit of the government’s position, and the legal precedence, some of it even distorted perversions regarding the original intent of the Founders, also keep in mind that, historically, spies and entrapment were used against enemies, and spies against foreign governments, but never sent within the population that was supposed to be protected by that government.  For, to do so essentially, makes the people an enemy of the government, or, rather, the government the enemy of the people.

So, let’s look at what the Supreme Court has said, with regard to the Sixth Amendment.

In 1979, the United States Supreme Court, in Gannett Co. v. DePasquale, 443 US 368, addressed whether the press and public could be denied access to the court and evidence in a pre-trial hearing.  Although the decision was based solely (and rightfully) on a pre-trial hearing, the decision of the Court ventured further into the entire concept of the intent and purpose of a “public trial”, as guaranteed by the Sixth Amendment:

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

The Petitioner, Gannett Co., is a publisher and among others, published USA Today.  Greathouse and Jones were defendants in a state prosecution for second-degree murder, robbery, and grand larceny.  They requested that the public and the press be excluded from the hearing, arguing that the unabated buildup of adverse publicity had jeopardized their ability to receive a fair trial.  The trial judge granted the motion.  The following are excerpts from that decision:

Petitioner [Gannett] then moved to have the closure order set aside but the trial judge, after a hearing, refused to vacate the order or grant petitioner immediate access to the transcript, ruling that the interest of the press and the public was outweighed by the defendants’ right to a fair trial.

The New York Court of Appeals… [held] the exclusion of the press and the public from the pretrial proceeding.

The Constitution does not give petitioner [Gannett] an affirmative right of access to the pretrial proceeding, all the participants in the litigation having agreed that it should be closed to protect the fair-trial rights of the defendants.

Publicity concerning pretrial suppression hearings poses special risks of unfairness because it may influence public opinion against a defendant and inform potential jurors of inculpatory information wholly inadmissible at the actual trial.

The Sixth Amendment’s guarantee of a public trial is for the benefit of the defendant alone.  The Constitution nowhere mentions any right of access to a criminal trial on the part of the public.  While there is a strong societal interest in public trials, nevertheless members of the public do not have an enforceable right to a public trial that can be asserted independently of the parties in the litigation.  The adversary system of criminal justice is premised upon the proposition that the public interest is fully protected by the participants in the litigation. (more…)

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

Monday, June 20th, 2016

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

Hammond-family

Gary Hunt
Outpost of Freedom
June 20, 2016

This series is not about the two fires and subsequent conviction of Dwight and Steven Hammond.  It is about the abuse, by government agencies, in the two decades prior to the first fire.

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing File Part II” pdf file.

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

On February 25, 1998, Steven Hammond wrote a letter to the Oregon State Police regarding trespass and hunting in a no hunting area {351-352}. It appears that the OSP had stopped issuing citations to violators after speaking to Refuge personnel. This led to a follow up letter to Dick Munoz, FWS, Portland, addressing the concern and the failure of Malheur FWS to enforce the hunting regulations {353-354}.

On May 12, 1998, Dave Stanbrough faxes Munoz telling him he will draft a response to Steven Hammond’s letter {356}. Munoz implies that the decision not to prosecute the trespassing hunters was in the hands of the OSP, not the Refuge {357-358}.

July 6, 1999, the Bureau of Land Management in Hines, in a letter to Dwight Hammond, advises him that, in response to Dwight’s request of June 9, 1999 (No copy of the request in the obtained documents), they are denying him permission to use his own fencing to control cattle crossing Bridge Creek to get to the Mud Creek Allotment {359-360}. Dave Ward, “Rangeland Management Specialist” in this correspondence.

[Note: This is not the David Ward, Sheriff of Harney County.]

In an undated memo, from Anne Sittauer, MNWR, to Dave Stanborough, a third party report of a meeting on site between Dave Ward and Steven Hammond was supposed to have resulted in a written report by Ward {361-362}.  Steven never received the report but was told that he could not be allowed to trail his cattle to get to the “next allotment”.  Steven did agreed to give 24 hours notice of trailing, but refused to sign any request to trail. (more…)

Barbeau Qued in Seattle – The Arrest of Schuyler Barbeau – Part II – In Schuyler’s Own Words

Tuesday, June 7th, 2016

Barbeau Qued in Seattle
The Arrest of Schuyler Barbeau – Part II
In Schuyler’s Own Words

Schuyler Barbeau

Gary Hunt
Outpost of Freedom
June 7, 2016

Schuyler Barbeau was arrested in a setup, participated in by his best friend, Oliver Murphy, on December 6, 2015. Until just a few days ago, what happened to Schuyler was unknown, except that he ended up in jail. The only story that could be told, at that time, was from Allen Aenk, who was present in the car when the minions of government, in complete battle dress, descended on the two of them. What Allen Aenk was able to observe is described in The Arrest of Schuyler Barbeau.

Schuyler has now come forward with his description of the events of that day, including a transcription of the interrogation that was conducted prior to him being finally settled in the King County Jail.

The following account is transcribed from a handwritten report by Schuyler. The interrogation dialogue was copied from a copy provide to Schuyler by the government, as part of Discovery. That transcript was redacted with “XXXXX” in place of a name. However, the name is placed, in context, as the informant working with the FBI is known as a result of our previous investigation, and is used in place of the “XXXXX”.  Schuyler’s comments with regard to the interrogation dialogue are included (in parenthesis).

[Note: I have been informed, through friends of Schuyler Barbeau, that this was not a transcription, rather, a recollection of the interview.  I, foolishly, assumed that since he had used the “XXXXX” in places that it was transcribed (copied).  I have been advised that in keeping in compliance with the Court’s effort to make public only what they want to be public, Schuyler used the “XXXXX” to avoid violating the Court’s prohibition on divulging Discovery information.  6/24/16 gh]

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

Allen and I were pulling off Highway 18 where it intersects Interstate 90 to enter the non-operational weigh-station.  As we rolled through the long parking lot, I spotted my best friend, Oliver Murphy’s, Ford Explorer, sitting by the small weigh-station building.  The hood was up as Oliver had told me that the car was overheating.  Now, the purpose of my meeting him was to pick up cash for a sale he did for me.  As we approached, I said aloud, “Well, there is his SUV, but I don’t see him.”  We parked next to the Explorer and as we did, I took notice of the stickers all over the rear and window, confirming in my mind that this was in fact the right vehicle, because I recognized the stickers, even the pro-2nd Amendment one.

I stepped out of the car, grabbed the dog’s [Note: a dog that had just been picked up by TeamRescue for training – opf] leash and waited for it to climb out of the backseat into the front seat and then out of the car.  Just then, as she jumped out, I heard a whole bunch of shouting to my 11 o’clock position.  I looked up and over the top of the hood of the Explorer (which they closed as they came around) and saw the military (it actually turned out just to be the FBI) come pouring out of the building and around the Explorer with their pistols and M4s pointed at my face.  Now, there was no difference in dress and appearance between these guys (FBI) and some Delta Force operators from the Army.  About 15 to 20 agents total.  They had their multi-cam clothing, full kit, plate carrier, body armor, and helmets, along with other gear.  “Operators” are carrying, and using all their high-speed weapons.  This overwhelming display of “tactic-cool” is a true testament of the militarization of law enforcement. (more…)

Burns Chronicles No 21 – The Public’s Right to Know

Sunday, May 15th, 2016

Burns Chronicles No 21
The Public’s Right to Know

not news

Gary Hunt
Outpost of Freedom
May 16, 2016

 

We all know that when there is an alleged violation of one’s rights, the freedom of the accused, while somewhat curtailed, is usually respected, and this is known as part of due process. Absent due process, judicial behavior often falls into arbitrary decision-making, biased juries, and the rail-roading of political undesirables, straight into prison. Lack of judicial transparency is usually a clear sign that whatever vestiges of a republican form of government may still be there is waning, and quickly; should the public’s right to know not be reinvigorated, then posterity will likely never know true freedom.

A Person accused of a crime, according to the Sixth Amendment, has a right “to be informed of the nature and cause of the accusation” against him, “to be confronted with the witnesses against him“, and, “to have compulsory process for obtaining Witnesses in his favor“.

The government, of course, has the right to search with a warrant, and the subpoena power to compel witnesses. Clearly, they have a right to know.

The accused has the power of the subpoena, to compel witnesses on his behalf. He also has a right to discovery, to see what the plaintiff has, in the form of proof, and to introduce evidence on his behalf.

Historically, trials were public. Often crime scenes were photographed by news reporters/cameramen, often with victims still in place. Reporters were given all but the most critical investigative results, and all of this was to assure the public that there really was a crime in their community. Witnesses told what they saw, to investigators (public and private), other people, and the press. Those charged and arrested were able to talk to anybody and often did press interviews from jail. If they were released from custody, they could speak as freely as any other person. Thus, the public was always aware of the accused’s explanation of events.

When the matter went to trial the courtroom was open, so long as the observers behaved, and the press had every opportunity to report on all aspects of the case, including evidence and testimony. For the most part, all of the facts were laid out to the public, by one means or another, even before the trial began.

When the trial was over, regardless of the outcome, the community was fully aware of what had occurred, what the government did to bring justice, and whether the person that had been accused was vindicated of the charges, or convicted.

So, let’s look at what a trial really is. The first element is comprised of the facts of the matter. This includes evidence, recordings, writings, photographs, and the testimony of witnesses. However, that is just the beginning. (more…)

The Bundy Affair – #13 – “Gold Butte Impound”

Tuesday, May 10th, 2016

The Bundy Affair – #13
“Gold Butte Impound”

Gold Butte Impound Camp

Gary Hunt
Outpost of Freedom
May 10, 2016

We are all aware of the events that occurred two years ago, resulting in the recent arrest of 19 people, based upon the government’s allegation of events.  However, what we know is based upon Mainstream Media (MSM), as well as observations by various patriots, of those events.  What we have yet to see is what the government’s side of the story is, at least from the planning of the operation.

The picture, above, is the Bureau of Land Management (BLM) planner/artist conception of what the BLM base camp would look like.  It is taken from the cover of the Twenty Page “Gold Butte Impound – Incident Action Plan- April 5, 2014” (Plan).

The Plan was implemented on April 5, just one week before American patriots “unrustled” the cattle that had been rustled by the BLM, according to their Plan.  What is even more interesting is the amount of resources the government opted to commit, in order to steal the Bundy cattle.

In the past, a dozen men could handle and drive a herd of cattle to the railhead, many hundreds of miles away.  Now, if it were rustlers, attempting to steal cattle (yes, steal cattle, in violation of state laws (see “Violence Begets Non-Violence”), could probably handle the task with half a dozen to a dozen men.  However, the Plan eloquently demonstrates the inefficiency of government.  They have allotted 26 office personnel, 21 contractors, and 195 agents to rustle a few hundred cattle.  That’s right, about 242 people, primarily from BLM and National Park Service, who were tasked with this project.  Just imagine what the cost of the operation might be, if they had sold the cattle, they probably could not be able cover the cost of more than a couple of days of the operation.  But, then, who has ever expected the government to be efficient?

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

Monday, April 25th, 2016

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

Hammond-family

Gary Hunt
Outpost of Freedom
April 25, 2016

This series is not about the two fires and subsequent conviction of Dwight and Steven Hammond.  It is about the abuse, by government agencies, in the two decades prior to the first fire.

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing File Part II” pdf file.

During the course of the constantly revised Opinion (final version, below), on June 30, 1997, Barbara Scott-Brier, Solicitor, Pacific Northwest Region, Department of the Interior, who had been working on the Draft (see Feb 28 & May 22) sends a letter to Elaine Zielinski, State Director, Bureau of Land Management {215-216}, requesting information relative said Draft. The request is for: (more…)

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

Thursday, April 21st, 2016

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

Hammond-family

Gary Hunt
Outpost of Freedom
April 21, 2016

This series is not about the two fires and subsequent conviction of Dwight and Steven Hammond.  It is about the abuse, by government agencies, in the two decades prior to the first fire.

Note: Numbers shown thus, {nn} refer to PDF page numbers in the “Hammond Legal Trailing File Part II” pdf file.

On May 22, 1997, Bob Hiller, author of the draft opinion dated February 27, faxes a revised draft {163-171}. The revised draft is as follows: (more…)