It is seldom that I repost articles by others, however, this article, by Shane Radliff and Kyle Reardon, warrants the consideration of all.

History, today, ignores the role that the Committees of Safety played in the lead up to and formation of the United States of America.  I dare say that without the Committees, we would probably still be speaking with a stiff upper lip and celebrating the Queen’s birthday.

Gary Hunt,
Outpost of Freedom
December 9, 2017

The Origins of the Harney County Committee of Safety

By: Shane Radliff and Kyle Rearden

April 27^th, 2016

 “I know there’s people in Harney County that are wondering, how a small group that come out of a meeting that Ammon Bundy put together could possibly represent them, and that’s not really what this is about. This is about a start. This is about bringing Harney County together, hearing every single voice and going forward.”

– Rick Habein, Jan. 8^th, 2016 Committee of Safety Meeting

 Introduction

A Committee of Safety can be briefly defined as a mutual self-defense association that also operates as a parallel government. Historically, they were known under a variety of names, yet, their function was exactly the same – to pool manpower for defense of the community and legitimize a self-organized populist government. From the English Civil War of the mid-17^th century to the Revolutionary Wars of Independence for both America and Texas, Committees of Safety have historically demonstrated their efficacy in practically securing liberty.

Committees of Safety were legitimized by general associations composed of the individual citizens within a defined geographical area, whether that takes the form of a town, a county, or even something “provincial.” These associations were comprised of the rank-and-file membership who received protection and who in turn gave their individual explicit consent to their particular local Committee of Safety.

As a truly bottom-up and grassroots organizing model, Committees of Safety are intended to coordinate the assemblage of men and materiel in preparation for a disaster. A key tenet of American classically liberal republicanism is that the military is subordinated to the civil authority. If the militia is the military, then what constitutes the civil authority? Well, the answer is their local Committee of Safety.

Also, Committees of Safety are invaluable even in the absence of emergencies, simply because they are a limited form of government, which is directly accountable to the people within a local community. The committeemen are susceptible to public shaming, and even ostracism, should they abuse their public office. This is what actually keeps their power limited.

Modern local Committees of Safety began their resurgence during the 1990s with the formation of the Central Florida Committee of Safety, as well as the St. Joseph County, Indiana Committee of Safety. In recent years, the formation of the Cherokee County, Georgia Committee of Safety and the Blue Ridge, North Carolina Mountaineers Committee for Constitutional Restoration might be indicative of the growing deeper appreciation for the principles of liberty. Only time, and further investigation, will tell if this be true, or not.

The Formation of the Harney County Committee of Safety (CoS)

During his field reporting on January 26^th, Gary Hunt met with Ryan Payne in Harney County, Oregon, and described the following:

. Continue reading ‘The Origins of the Harney County Committee of Safety’ »

The Bundy Affair #22

Ryan Bundy’s Brilliant Opening Statement

Gary Hunt
Outpost of Freedom
November 20, 2017

Bret Whipple is Cliven Bundy’s attorney in the current trial in Las Vegas, Whipple, in an interview with John Lamb, made some observations on Ryan Bundy’s opening statement, that I will paraphrase. He said that he was impressed with Ryan’s statement because it cut to the chase in common language; he had the courage to speak so calmly and so well, with the pressure on him, and in so short an amount of time. He then pointed out that the jury seemed mesmerized and that the entire courtroom was silent for a few minutes after Ryan competed his statement.

Now, I know that sounds awfully over the top, but, then, when I read Ryan’s statement, well, it is seldom that I have tears in my eyes, but this was an exception. And, all I did was read it. I’m sure that those who heard Ryan give this statement, with the eloquence that has been stated by others, that nobody could walk away and be unmoved by what he had to say.

Below is the entire opening statement given by Ryan Bundy, to the jury, on November 15, 2017.

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

Thanks to the jurors for being here. I Told you a little about myself at voir dire, but I’d like to introduce myself a little more, and tell you about my heritage and how that affects my case. (Projects a picture of his family – AND leaves it up throughout his statement!) [Note: the picture shown above.]

This is my ID! Not my driver’s license. This is who I am, a man with a family and I’ll do whatever it takes to provide for them. I want you to picture in your minds…you’re out on the land… I’ll take you to our ranch, you can see all the beauty of the land, the fresh air, sunsets and sunrises, the brush, you’re on a horse in front of the cattle – place yourself there – feel the freedom – out of the congestion of the cars – that’s how I was raised, playing in the river, we were called river-rats and that is where my life began and I hope ends.

My family has been on that land 141 years, my pioneer ancestors settled there in 1877 – there was nothing there. They carved out a living… they brought a horse and wagon and some provisions… this case, the government mentioned is “not about rights”, but it is – those rights do mean something – rights are created through beneficial use. When my ancestors arrived, undoubtedly the horse would need a drink, so they lead him to the water and that is beneficial use. The horse and perhaps a cow that had been lead behind the wagon need eat some brush in the hills, that is beneficial use. That established rights. The water rights are real! So real, the State of Nevada has a water rights registry including livestock watering rights. A law was created to protect those rights. The water rights that my father owns were first registered in 1891 by the State of Nevada – the State of Nevada is important, a sovereign state, it’s own unit, which entered the union in 1864. It entered equal to the original states, it is its own entity and state laws are important.

. Continue reading ‘The Bundy Affair #22 – Ryan Bundy’s Brilliant Opening Statement’ »

The Bundy Affair #21
Batson Challenge – in the Name of Injustice

Gary Hunt
Outpost of Freedom
July 31, 2017

Introduction

In “Liberty or Laws?  – Justice or Despotism?“, I discussed how the case law method provides the government, through judicial proceedings, to move, a decision at a time, away from the intent of the Constitution.  In recent events in the second Tier 3 trial, only two-thirds of the trial was declared a “mistrial”, while the other third was not declared a mistrial.  I say this because the first trial, by the government’s design, included six defendants, all of whom were accused of wielding firearms on April 12, 2014, when the Bureau of Land Management returned the surviving captured cattle to their rightful owner.  Two defendants were found guilty of some of the charges.  The remaining four were not found guilty of any of the charges, though they were also not found not guilty.  So, there was no mistrial on the two, but there was a mistrial in the same singular trial of the other four.

Now comes the second trial, and the subject of this article.  Jury selection occupied the first two days of the trial and much of the third day.  Now, in jury selection, each side, Prosecution and Defense, may challenge a juror for cause.  Each side also has what are called “peremptory challenges”.  This is the definition of peremptory challenges found in Black’s Law Dictionary, Fifth Edition:

Peremptory challenge.  A request from a party that a judge not allow a certain prospective juror to be a member of the jury.  No reason or “cause” need be stated for this type of challenge.  The number of peremptory challenges afforded each party is normally set by statute or court rule.

However, on the third day of trial, the government, apparently butt-hurt over the Defendant’s Peremptory Challenges, brought up what is known as a “Batson Challenge”, historically exercised by the defense, not by the prosecution.  They allege that the peremptory challenges were intentionally applied (state of mind) to exclude certain potential jurors.  Well, it appears that the Defendants cannot have a state of mind presented in Court as to why they went from their homes to Bunkerville, but they can be held accountable for their state of mind when it comes to jury selection.

Background of the Batson Challenge

The Batson Challenge is based upon a 1986 United States Supreme Court decision in Batson v Kentucky 476 US 79.  It deals with the Defendant’s right to challenge a jury makeup if the government’s peremptory challenges create a gender or racial bias in the jury.  First, a little background based upon earlier decisions.  In reviewing these cases, you will see that the original protection afforded to the people by the Constitution is slowly being chipped away.  In this current trial, the right protected for the people is now being used to afford the government the opportunity to claim a right that was intended to be a prohibition against the government.

As early as 1879, the United States Supreme Court ruled on the right of the defendant, with regard to the use by the prosecution of Peremptory Challenges, to stack the jury.  The case was Strauder v. West Virginia, 100 US 303.  Based upon the 14th Amendment, the decision stated, “that a State denies a black defendant equal protection when it puts him on trial before a jury from which members of his race have been purposefully excluded.”  [Quoted portion cited from Batson v. Kentucky.]

Strauder goes on to say that “A defendant has no right to a petit jury composed in whole or in part of persons of his own race.  However, the Equal Protection Clause guarantees the defendant that the State will not exclude members of his race from the jury venire on account of race, or on the false assumption that members of his race as a group are not qualified to serve as jurors.  By denying a person participation in jury service on account of his race, the State also unconstitutionally discriminates against the excluded juror.”  [Quoted portion cited from Batson v. Kentucky.]

Interestingly, that underlined portion from Batson, “By denying a person participation in jury service on account of his race, the State also unconstitutionally discriminates against the excluded juror “, presumes that the juror has a right to sit on the jury, nearly equal to the right of the defendant.  This appears to be a very early example of Civil Rights (See Liberty or Laws? – Natural Rights versus Civil Rights), whereby the government grants a civil right at the expense of one who previously enjoyed a natural right.

However, note that since the Bill of Rights, particularly the Fifth Amendment, guarantees the people the right to a trial by jury, it does not grant that right to the jury.  If anything, the jury has no right to refuse jury service, unless they are otherwise exempted.  The Bill of Rights was to protect us from the government.  It was never intended to provide the government the means to remove our protection from the actions of that government.

What the Batson decision does not provide, however, is the background of Strauder.  Strauder was indicted for murder.  He was an ex-slave, and the indictment was tried in a West Virginia Circuit Court and found guilty.  His case then went to the West Virginia Supreme Court, where they upheld the lower court’s verdict.  It then went to the United States Supreme Court on a Writ of Error.  So, taking from the Strauder decision, we find what led to the composition of the jury in the Circuit Court trial, to wit:

In the Circuit Court of the State, before the trial of the indictment was commenced, the defendant presented his petition, verified by his oath, praying for a removal of the cause into the Circuit Court of the United States, assigning, as ground for the removal, that ‘by virtue of the laws of the State of West Virginia no colored man was eligible to be a member of the grand jury or to serve on a petit jury in the State; that white men are so eligible, and that by reason of his being a colored man and having been a slave, he had reason to believe, and did believe, he could not have the full and equal benefit of all laws and proceedings in the State of West Virginia for the security of his person as is enjoyed by white citizens, and that he had less chance of enforcing in the courts of the State his rights on the prosecution, as a citizen of the United States, and that the probabilities of a denial of them to him as such citizen on every trial which might take place on the indictment in the courts of the State were much more enhanced than if he was a white man.’

This led to West Virginia, not a seceding state that would have been required to rewrite its constitution, to revise its laws on jury makeup.  This, of course, was a consequence of the due process provision of the 14th Amendment.

As I have said in the past, the presumption of innocence was based upon the fact that the Indictment (the alleged story of events) was on trial, not the defendant.  However, we have lost sight of that concept and now perceive the guilt of the defendant (the focus) as the purpose of the trial, not the validity of the Indictment.  Subtle, but still effective.

The Batson decision also provides the following:

[T]he Kentucky Supreme Court observed that recently, in another case, it had relied on Swain v. Alabama, 380 U.S. 202, and had held that a defendant alleging lack of a fair cross section must demonstrate systematic exclusion of a group of jurors from the venire.

So, in this citation, the defendant has the burden of proving that the prosecution has not used “systematic exclusion” in their use of their peremptory challenges.  However, as we will see, in the current case, that burden will be transferred to the prosecution, and the defendant is accused of “systematic exclusion”.

. Continue reading ‘The Bundy Affair #21 – Batson Challenge – in the Name of Injustice’ »

Liberty or Laws?

Justice or Despotism?

Gary Hunt
Outpost of Freedom
July 10, 2017

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

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

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

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

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

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

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

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

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

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

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

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

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

Memorial Day 2017

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

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

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

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

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

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

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

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

. Continue reading ‘Memorial Day 2017’ »

Freedom of the Press #9
“Prior Restraint”

Gary Hunt

Outpost of Freedom
February 22, 2017  – George Washington’s Birthday

In the previous article, though suggested in the government’s Supplemental Memorandum in Support of Government’s Motion For an Order to Show Cause, of February 7, 2017, it really didn’t get to the heart of “Prior Restraint”.  So, let’s get to the heart of that matter.

Let’s start with the law that explains the potential severity of publication of certain information, in a case similar to what the government and Judge Anna J. Brown are attempting to construct against me.  Section 793 (e) of the Espionage Act was cited as the authority by which the government attempted to impose “Prior Restraint” on the New York Times for publishing what was known as the “Pentagon Papers”.  The Papers had been leaked to the press by a government employee who had signed a non-disclosure agreement (not just based upon a Protective Order), which precluded that employee from divulging any information protected by Section, 793 (e):

Whoever having unauthorized possession of, access to, or control over any document, writing, code book, signal book, sketch, photograph, photographic negative, blueprint, plan, map, model, instrument, appliance, or note relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation, willfully communicates, delivers, transmits or causes to be communicated, delivered, or transmitted, or attempts to communicate, deliver, transmit or cause to be communicated, delivered, or transmitted the same to any person not entitled to receive it, or willfully retains the same and fails to deliver it to the officer or employee of the United States entitled to receive it.
… Shall be fined under this title or imprisoned not more than ten years, or both.

There, in a rather large nutshell, is the extent of the government’s authority to impose upon a party limitations in communicating certain information, and/or retaining and/or not delivering it to the government.  However, as we shall see, even that did not have the effect implied in the wording of the Act.

To understand the legal limitations of government’s authority, we need to look at New York Times Co. v. United States 403 U.S. 713 (1971).  The case taken up by the Supreme Court included a similar action brought against the Washington Post.  The cases were joined and the Supreme Court granted certiorari, in which the United States sought to enjoin the New York Times and the Washington Post from publishing the contents of a classified study entitled “History of U.S. Decision-Making Process on Viet Nam Policy.”  Prior to the Supreme Court decision, the District Court for the Southern District of New York, in the New York Times case, and the District Court for the District of Columbia, and the Court of Appeals for the District of Columbia Circuit in the Washington Post case held that the Government had not met that burden of proof.

The Second Circuit Court of Appeals overruled the District Court in the New York Times case, putting a stay on publication on June 25, 1971.  The Supreme Court then ordered that the stay be vacated.

Now, before we go on, this is not about the source that provided the information to the newspapers.  It is solely about the right of the press to publish what it had obtained, regardless of the source.  With that in mind, we must take the reader back to a statement in the Supplement Memorandum (linked above), which states:

The government is not seeking the testimony of third-party Gary Hunt to identify the source or sources of the protected discovery information. The government intends to investigate that on its own. The government is merely seeking the removal of protected discovery material that this Court has ordered protected. Nothing about Gary Hunt’s blogging[sic] activities is implicated by the Motion to Show Cause. Third-party Gary Hunt is continuing to disseminate protected discovery material in the face of three Court Orders. No privilege is implicated.

This demonstrates the similarity of the parties in New York Times Co. and the current situation.  In neither case is the source of the information sought, though there can be little doubt that in both cases, the government was investigating the source.

. Continue reading ‘Freedom of the Press #9 – “Prior Restraint”’ »

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

Gary Hunt
Outpost of Freedom
January 23, 2017

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

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

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

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

We must also look to the Seventh Amendment:

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

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

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

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

Liberty or Laws?
Natural Rights versus Civil Rights

Gary Hunt

Outpost of Freedom
January 22, 2017

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

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

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

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

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

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

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

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

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

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

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

Freedom of the Press #4
The Order

Gary Hunt
Outpost of Freedom
January 12, 2017

I got a call from FBI Special Agent Matthew Catalano, earlier today, January 11, 2017.  He told me that he had an Order to serve.  We made the same arrangements to meet at the restaurant in Los Molinos.  The restaurant only serves breakfast and lunch, so it was closed, but I figured that this wouldn’t take very long.

I arrived at about 4:15 pm, and he said that he had to serve me.  He handed me the Order, I looked at it and said, “I refuse this service, it is for the District of Oregon, and I am not within that jurisdiction.”  I held the paperwork out toward him, but he did not take it, so, I said, “I will keep this, but I want you to tell Judge Anna Brown that I refuse service, as I am not subject to the Oregon District’s jurisdiction.”  He agreed to convey the message, and then he proceeded to read certain portions of the Order to me.  When he was finished, I reminded him that I wanted Brown to receive my message, and he assured me that he would pass it on.  I feel certain that he will.  After all, that is his job.  We shook hands, and we departed.

Though I had already received two copies of the Order from other sources, I hadn’t read it.  The news traveled so rapidly that my phone was in near constant use.  However, between calls, I read portions of the Order.  As I did so, a smile crept across my face.  Now, you may wonder why I would smile after receiving the Order, but my first thought was that Judge Brown had not had an opportunity to read my article, that had gone out just a few hours before.  The Order had been docketed, and I received copies just minutes after posting my article.  Judge Brown had not had the opportunity to read my response to the Memorandum that had refuted most, if not all, of what she was provided by the US Attorney in the form of the Memorandum to prepare the Order.

Quite frankly, when Brown filed the Minute Order (See Freedom of the Press Update – A Grateful Thank You), there were two possibilities.  First, that she really was holding the government’s feet to the fire, seeking real legal justification for issuing an Order.  The other, that she simply wanted the government to give her the paperwork she needed, in the form of a Memorandum, to provide justification to issue such an Order.  I decided to act on the former.  I had said many things about Anna Brown in the past, few of them complimentary, but if she had turned to the right side, she was deserving of the benefit of the doubt.  Her actions, in the past, had been nigh onto dictatorial, and had no foundation in law or justice.

So, let’s look at her Order, and I will comment, as we go.  It is dated January 11, 2017.

This matter comes before the Court on the government’s Motion (#1680) to Enforce Protective Order in which the government seeks to enjoin a third party, Gary Hunt, from further dissemination of discovery materials that are protected by the Court’s Protective Order (#342) issued March 24, 2016.

Through the Affidavits (#1681, #1690) of FBI Special Agent Ronnie Walker, the government asserts Hunt published excerpts from protected discovery materials on his website beginning on November 15, 2016, and continuing through the present. In particular, the government contends the postings on Hunt’s website identify some of the confidential human sources (CHSs) that the government used during the occupation of the Malheur National Wildlife Refuge. This information is not only protected by the Protective Order (#342), but the Court also found in its Order (#1453) issued October 18, 2016, that the government had provided to Defendants all information regarding CHSs that was relevant and helpful to the defense and, in particular, that the government was not obligated to disclose to Defendants the identities of the CHSs. Thus, the information in Hunt’s postings should not be publicly available.

Well, that is cute.  Have I not said, from the beginning, that I was not subject to the Protective Order?  Now, she says that the “information is protected by the Protective Order.”  That means that those subject to the Protective Order have an obligation to protect the information.  She is right in line with my thinking.  But, that will change a little later.

Then, she finds that “the government had provided to Defendants all information regarding CHSs that was relevant and helpful to the defense.”  That information was relayed to the defense on October 18, about ten days before the jury returned the not guilty verdict.  She also stated, “that the government was not obligated to disclose to Defendants the identities of the CHSs.”

So, let’s get real.  The government gave out redacted copies of the 1023 forms.  The defense could not call any witnesses who had been informants.  Obviously the information the government, and Judge Anna Brown, were willing to allow the defense to have was totally insufficient for them to prepare their defenses, especially with regard to possible exculpatory testimony those informants might have provided.  The Judge, well let’s just go with Brown, from this point on, disregarded the fact that two of the government’s informants testified.  Terri Linnell came forward voluntarily, against the wishes of the Prosecution, and testified for the defense. A diligent effort by the defense teams in tracking down Fabio Monoggio, another informant, whose testimony also was beneficial to the defense.  Both gave testimony, which may well have turned the tide on the jury’s verdict.  This testimony would have been denied the defense under the enforcement of the Protective Order and the subsequent statement on October 18.

This is absolutely contrary to the right protected by the Sixth Amendment to the Constitution, which says that the accused has the right, “to be confronted by the witnesses against him“.  Now, some have claimed that informants, unless they testify, are not witness.  However, that is not what the Protective Order (March 24, 2016) says.  That Protective Order clearly states what the prohibitions are, to wit:

IT IS FURTHER ORDERED that this Protective Order applies only to:

(1) Statements by witnesses and defendants to government officials;

(2) Sealed documents; and

(3) Evidence received from searches of electronic media.

Now, there are only two human objects in the Protective Order.  It applies to “witnesses” and “defendants”.  Well, I am not exposing defendants, so if the informants are not witnesses, then I am not in violation of the Protective Order.  Ergo, the informants are witnesses, so saith Brown.

Therefore, Brown has denied the constitutionally protected right of the defendants to confront those witnesses.

The record reflects FBI Special Agent Matthew Catalano met Hunt, who resides in Los Molinos, California, on January 5, 2017, and personally served him with a cease-and-desist letter from the government that demanded Hunt remove all discovery materials from his website. Special Agent Catalano also provided Hunt with a copy of this Court’s Protective Order (#342). According to SA Walker, Hunt stated he did not intend to comply with the cease- and-desist letter and did not believe that the Protective Order applied to him. It appears Hunt has not removed the protected discovery materials from his website.

. Continue reading ‘Freedom of the Press #4 – The Order’ »

A Thought on Leadership

Gary Hunt
Outpost of Freedom
December 27, 2016

Preface

This article was written back in the nineties. The subject came to light as I watched many fledgling organizations fall apart as a result of conflicts between an aggressive leader, usually charismatic, and generally a type “A” personality. It is not to suggest that such a person cannot be a good leader, though those features should be subordinate to a more rational approach to the decision of who will best serve in that capacity. Following are my thoughts on the subject of leadership.

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One of the most important tools utilized by those who have sought to take our freedoms and our country from us is the control of public education. By these means they have been able to remove aspects of our history which would have enabled us to both perceive and deal with the problems of today, long before now.

We have a group of leaders in the Patriot Community, many who have proclaimed their position by methods of public relations which are founded on promulgation of sensationalism. Perhaps their positions are merited, yet if we look at history; we will find that these are not the means by which leaders were selected two hundred years ago.

Jefferson, Adams, Washington, Henry and the rest of those who gave us the nation we seek to restore were well established in their respective communities, and recognized by their efforts to be men of sincerity. Their efforts extended, in most cases, over many years of guidance to their neighbors. The respect that was earned by these efforts, and their willingness to represent the will of the people propelled them into the delegations which formulated the course that the colonies would pursue.

Would it be possible for the government to anticipate the desire of the Patriot Community to return to Constitutional government and infiltrate agents into the community to say what patriots want to hear? Would they then attempt to acquire a position of leadership? By what we know, the One World Government people have achieved this very goal in our Congress, Courts and even in the Presidency. Are we foolish enough to allow the same to happen to us?

The War of 1812 was declared by the Americans. The President sent to the Congress a Declaration of War which gave six reasons for which he requested the Congress to agree that a state of war existed. The Declaration was approved by the House on June 4, 1812 and the Senate on June 18. Of the six causes for war, probably the most significant is the fifth, which reads:

“Fifthly. Employing secret agents within the United States, with a view to subvert our government, and dismember our union. “

. Continue reading ‘A Thought on Leadership’ »