Outpost of Freedom blog

Freedom of the Press #8
“Qualified Press Privilege”

Gary Hunt
Outpost of Freedom
February 21, 2017

In Freedom of the Press #6 – “Tilting at Windmills” – Redux, I address the jurisdictional issue that the government addressed in their Supplemental Memorandum in Support of Government’s Motion For an Order to Show Cause, of February 7, 2017.  Due to the length of the Supplement, and the length of #6, I chose to address two remaining issues in a subsequent post.  Those two issues, Prior Restraint and Qualified Press, will be addressed in that order.  From the Supplemental Memorandum:

IV. There Is No Prior Restraint Issue or Qualified Press Privilege
A. There Is No Prior Restraint Issue Presented Here

This Court has the authority to issue protective orders protecting criminal discovery and, specifically, confidential source information. The substantial government interest in protecting confidential sources is long established. See Roviaro v. United States, 353 U.S. 53 (1957). This substantial government interest is unrelated to any suppression of expression and outweighs Hunt’s First Amendment rights. No one has challenged the legitimacy of the Court’s Protective Order, and to permit a party to end run the order by passing the information to a blogger threatens to undermine criminal discovery and the interests identified in Roviaro—i.e., if we cannot protect the confidentiality of our law enforcement informants, we cannot expect their cooperation in future investigations.

We are not asking this Court to restrain Hunt’s ability generally to write about the case— or even the informants—we only want him to observe this Court’s Order, which means that he cannot publish the discovery material subject to the Court’s Order. This discovery material was not in the public domain in any form. This Court should be able to enforce its Protective Order and prohibit wide dissemination of discovery which includes confidential FBI reports. See Seattle Times Co. v. Rhinehart, 467 U.S. 20 (1984) (an order prohibiting dissemination of discovered information before trial is not the kind of classic prior restraint that requires exacting First Amendment scrutiny). Besides Seattle Times Co. there are no cases that discuss the prior restraint issue in the context of sealed and protected discovery information in the context of a criminal trial. In United States v. Noriega, 917 F.2d 1543 (1990), the issue was the balance between a defendant’s Sixth Amendment Right to a fair trial and the First Amendment interests asserted by CNN. The Noriega Court held that CNN should not be able to violate a court order and litigate at the same time. Hunt has waived any First Amendment defense by defying the Court’s Orders.

Let’s address these underlined items, one at a time.  First, we will look at Roviaro.  Although I have addressed Roviaro, before, it is worth revisiting, since the government seems to rely heavily upon that decision.  Here is what they said:

This Court has the authority to issue protective orders protecting criminal discovery and, specifically, confidential source information. The substantial government interest in protecting confidential sources is long established. See Roviaro v. United States, 353 U.S. 53 (1957)

The government asserts that they have a right to protect the identity of informants with a protective order.  They have made this assertion, before, though they appear to have not yet read the decision nor understand the ramifications.

. Continue reading ‘Freedom of the Press #8 – “Qualified Press Privilege”’ »

Freedom of the Press #7
“Judicial Discretion” and Tyranny

Gary Hunt
Outpost of Freedom
February 20, 2017

Let’s review this whole situation from the beginning.  After all, it has taken a month and a half to get to this point, so perhaps a refresher is in order.

On January 5, 2017, I was hand served a “Cease and Desist Letter” by an FBI agent.  Since the service was disclosed on Facebook, I wrote a “Statement with regard to  the Freedom of the Press“, on January 6.  That was followed with a series entitled “Freedom of the Press“, beginning on January 7 entitled Freedom of the Press #1 – Meeting with the FBI.  The following day, January 8, I explained the Cease and Desist Letter with Freedom of the Press #2 – Cease and Desist.

These events were preceded by a number of articles that I had written in the “Burns Chronicles” series.  In those articles, I exposed FBI informants associated with the occupation of the Malheur National Wildlife Refuge outside of Burns, Oregon.  The information used to identify and expose the informants was derived from some Discovery documents I had obtained.

The original Protective Order, dated March 24, 2016, lays out the restrictions placed upon certain described individuals.  Those prohibited from “disseminating” information contained in the Discovery are described in that Protective Order:

ORDERED that, pursuant to Rule 16(d)(1) of the Federal Rules of Criminal Procedure, defense counsel may provide copies of discovery only to the following individuals:

(1) The defendants in this case;

(2) Persons employed by the attorney of record who are necessary to assist counsel of record in preparation for trial or other proceedings in this case; and

(3) Persons who defense counsel deems necessary to further legitimate investigation and preparation of this case.

Upon my indicating to the FBI agent that hand-delivered the Cease and Desist Letter, that it was not applicable to me, the government filed a Motion to Enforce Protective Order (Expedited Consideration Requested), dated January 6, 2017.  That Motion states:

Pamala R. Holsinger, Assistant United States Attorneys, hereby moves this Court for an order enforcing the Protective Order against a third party illegally in possession of protected sensitive discovery materials in this case.

Now, the wording of the Protective Order says nothing about a third party, nor does it say anything about the possession of the material is illegal.  If it were illegal, it would be against the law.  However, you can only be in violation of a Protective Order if you are among those to which the Order applies.

The government makes a rather interesting statement in that Motion, “This Court has jurisdiction to enjoin a non-party from disseminating confidential documents produced in reliance upon and subject to this Court’s Protective Order.”  However, they cite a Second Circuit Court decision, Eli Lilly & Co. v. Gottstein, 617 F.3d 186, which I addressed in a subsequent article.  It does not corroborate their claim, to the contrary, it supports the limited jurisdiction that I had already stated exists.

The Motion is supported by an Affidavit, of the same date.  That Affidavit refers to some of my articles.  In so doing, they have entered those articles, which would include the entire series, into the Court’s record.  Those specifically mentioned were from “Burns Chronicles”, to include #40, #41, and #49.  Also quoted is my statement regarding the “prohibited material” taken from #40.  That statement serves as prima facie evidence of my intent.  But, the government is insistent upon twisting the truth, in order to create a wholly different characterization of my actions.  This would allow them to charge culpability on my part.

Let’s get to the heart of the matter. To do so, I will be referring to FBI documents that I have obtained. They are marked, at the bottom left comer, “Dissemination Limited by Court Order”. So, let me make this perfectly clear- I have no intention of “disseminating” the documents, nor am I bound by any “Court Order”. I am writing about a Public Trial, which was held in September and October 2016

I had been working on a response to that Affidavit and its erroneous presumptions, though I never completed it (maybe I will, when time allows), when the government came back with a Supplemental Memorandum in Support of Motion to Enforce Protective Order, dated January 10, 2017.  That Motion has a rather interesting statement made when they refer to the Affidavit filed in support of the Motion.  It states:

In a Facebook post regarding the FBI’s February 5, 2017, visit to Gary Hunt to serve the cease and desist letter, a person asks “who is Gary Hunt?” On defendant Duane Ehmer’s Facebook account a response is posted, “He is working with our lawyers.”

The Ronnie Walker Affidavit in Support of that Motion, also filed on January 10, 2017, states:

On January 6, 2017, another individual posted a question on that same page asking “Who is Gary Hunt?” That same day, the message “He is working with our lawyers” was posted in reply from defendant Duane EHMER’s Facebook account. Sarah Redd-Buck and Duane EHMER’s Facebook accounts are not private and can be viewed by anyone accessing Facebook.

So, the Motion states, “He is working with our Lawyers” is a response to the question, “Who is Gary Hunt?”

On the other hand, the Affidavit states “a question on that same page asking, “Who is Gary Hunt?”.  Then states, “He is working with our lawyers” were posted in reply from defendant Duane EHMER’s Facebook account.”

Now, there is a subtle difference between the two, however, the Affidavit is more accurate than the statement made on the Motion.  Perhaps we should go to the source and see what was really said (this image is taken from the Affidavit):

Well, son of a gun, the question was actually asked a full 17 minutes after it was answered.  Who would believe that the FBI (Ronnie Walker) and the US Shyster (See Freedom of the Press #6 – “Tilting at Windmills” – Redux) would attempt to mislead the Judge?  This sequence begs a question, just to whom is Ehmer referring to by “He”?

. Continue reading ‘Freedom of the Press #7 – “Judicial Discretion” and Tyranny’ »

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

Gary Hunt
Outpost of Freedom
February 08, 2017

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

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

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

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

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

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

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

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

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

A. Proper Venue Under the Law

The first case cited is:

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

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

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

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

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

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

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

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

The Bundy Affair #20
The Invisible Witness

Gary Hunt
Outpost of Freedom
February 2, 2017

I have been so busy writing about the goings on in Oregon that I haven’t had much opportunity to consider the situation in Nevada.  As I have told those that I been working with regarding the Group 1 trial in Oregon, who have all started concentrating their efforts in Nevada.  I told those who I had been working with in Oregon, “You all get to work down where it is warm and sunny, while I’m still stuck up here where there is snow on the ground, and it is cold.”  Seriously, however, I am in Northern California, about halfway between the two.  But, I was spending my time primarily on the Oregon, Ammon Bundy, et al, case.

Then, the government filed a Motion.  Upon reading the Motion, I found that the US Attorney has decided to invite me down to Nevada, an offer I couldn’t refuse.

On January 27, 2017, the government filed “Government’s Motion for Protective Order Regarding Undercover Employee“.  It is their effort to hide from the defense the identification of an Undercover Employee (UCE).

The invitation is found, beginning on page 9 of that Motion, to wit:

Events subsequently in the courtroom and in the United States v. Ammon Bundy, et al. case in Oregon have shown that the danger to the lone UCE witness in the government’s case is particularly great. Although the discovery information in United States v. Bundy was restricted due to a protective order, an associate of the defendants (including some of the seven common defendants in the Nevada case), Gary Hunt, posted discovery material to “out” confidential human sources to his webpage. Litigation is ongoing in the District of Oregon to remove the information from the web. See, e.g., Order Granting in Part Government’s Motion to Enforce Protective Order, United States v. Bundy, Case No. 3:16-cr-00051-BR (D. Or. Jan. 11, 2017).

Now, some might think that this doesn’t look like an invitation, but, after all, beauty is in the eye of the beholder.  I see that the United States Government Railroad (USGRR) is in full operation, and flying down the tracks at breakneck speed.

So, getting started in catching up with the USGRR, you will note that they imply a threat when they state that the events in Oregon “have shown that the danger to the lone UCE witness in the government’s case is particularly great.”  On the contrary, they have shown that there is no risk, at all, to the informants in the Oregon occupation — unless you consider that most of the informants have abandoned their old phone numbers, and are not accessible by phone, anymore.

Let’s look at some facts about this alleged “danger”.  On September 21, 2016, AUSA Gabriel, in questioning OSP officer Jeremiah Beckert, asked, “And did you have information about whether the driver [Mark McConnell] was cooperating with the Government?”  Beckert answered in the affirmative, and of its own volition, the government hung one of its informants out to face, what, serious bodily harm?  Death?  Well, that did not happen.  And, the government put this informant at risk.  That very act disputes the government’s entire argument regarding the potential threat to any of the informants.

. Continue reading ‘The Bundy Affair #20 – The Invisible Witness’ »

Freedom of the Press #5
“Tilting at Windmills”

Gary Hunt
Outpost of Freedom
January 31, 2017

Well, it has been almost three weeks since the government’s most recent effort to suppress Freedom of the Press.  Not really surprising, since they have nothing to go on; they just think that they do.  However, Billy J. Williams (aka Don Quixote) and Pamala R. Holsinger (aka Sancho Panza) have spent a bunch of taxpayer’s money on “Tilting at Windmills”.  They just do not seem to believe that the Constitution is the very document that created them, and the government that they represent.  Well, it didn’t really create them, but it did create the positions that they hold.

Back on January 10, 2017, the government filed the “Government’s Supplemental Memorandum in Support of Motion to Enforce Protective Order (1689)“.  This was discussed in Freedom of the Press #3 – “Contemptuous Postings”, published on January 11.  That same day, just hours before #3 was published, the Court filed an “Order Granting in Part Government’s Motion to Enforce Protective Order (1691)“.  This, of course, led to my response, on January 12, with Freedom of the Press #4 – The Order.  Rather a hectic pace, for three days.

Apparently, the government had some heavy homework, for it wasn’t until January 30 that they made their next move.  They filed “Government’s Motion for an Order to Show Cause (1788)“, and, not to be out done, they filed an “Affidavit of FBI Special Agent Ronnie Walker in Support of Government’s Motion for an Order to Show Cause (1789)“.  The Motion (1788) is only 6 pages, but the Affidavit (1789) is 14 pages, 8 of which are actually entering my Article #4 into the record.  I sure like it when they expand my readership.  Thank you, Don and Sancho.

So, let’s look at the Affidavit (1789), first.  The first three paragraphs are explanations of Ronnie Walker’s qualifications.  In that third paragraph, we find this rather curious limitation of her authority:

I am an “investigative or law enforcement officer of the United States” within the meaning of Title 18, United States Code, Section 2510(7), authorized to conduct investigations into alleged violations of federal law.

Now, it says that she is “authorized to conduct investigations into alleged violations of federal law.”  It does not say that Walker cannot investigate other allegations, but if Walker could, would not Walker have made the point clear.  It kinda makes you wonder, since nobody has found the time to provide a statute that I am in violation of.  This was first discussed when I received the “Letter- Demand to Cease and Desist“, which I reported on in Freedom of the Press #1 – Meeting with the FBI, when “I asked the agent what statute bound me to the Cease and Desist portion of the letter?”  I received no reply.  Since they have not provided me a statute (federal law), I am just wondering if maybe SA Walker is moonlighting for the US Attorney.

Now, here is the kicker.  In the next paragraph in the affidavit, Walker states:

4.  This affidavit is intended to show only facts pertinent for the requested motion and does not set forth all of my knowledge about this matter.

So, let’s see some facts.  In paragraph 15, Walker states that I received:

a Supplement to the original Protective Order, court record #1692, which prohibits any individual or entity from disseminating those materials or any information derived therefrom to any other individual or entity by any means.

Well, that is a fact.  Any individual or entity that disseminates those materials or any information derived therefrom to any other individual or entity[,] by any means.  Now, that would make almost any person who has read and shared certain of my articles, and presumably, even if you did not read them and only shared them, you have been brought into the “long arm of the Protective Order”, and are subject to the very same punishment that they want to try to hang on me.  And, as Walker said, that’s a fact.

Do not let that scare you, because we still have to see if the Court can find some way to reach out of their jurisdiction and grab me, or you, unless, of course, you live in Oregon.  But, even if you do live in Oregon, unless you are party to Ammon Bundy, et al, the trial, which will start, again, with Group 2, on February 14, it would not apply to you, either.  The reason I say that it can’t reach you is that you have to have aided and abetted a party in the action.  That condition exists when two parties work together.  We’ll touch on that, a little later.

. Continue reading ‘Freedom of the Press #5 – “Tilting at Windmills”’ »

Burns Chronicles N^o 55
Marshall Spring & Ben

Gary Hunt
Outpost of Freedom
January 23, 2017

Notice: Because of her extremely biased judicial discretion, Judge Anna Brown has ordered that I remove the information that I obtained from a ‘prohibited’ copy of the Discovery for the trial of the defendants in the Malheur Occupation trial. I have fully complied with that order and removed all of those portions prohibited, according to that order. All instances of removed text will be marked “[REDACTED]”, which is the same method the government used in depriving information that should have been available to the defendants, as well as you, the reading public, with factual information needed in order for you to make a fair and logical assessment. The FBI redactions were the government’s efforts to “protect” their army of paid informants, but they did a lousy job, as I was able to identify them with the unredacted text.

Marshall Sawyer Spring served as a Marine in Iraq with one of the defendants. He received a Purple Heart, but his honor stopped there. His and Ben’s betrayal, of patriots and fellow Marines, as informants includes not only informing, but goes well beyond, as you will see.

Spring and his partner, known only as “Ben”, live in Loveland, Colorado. Spring is a “Marshal” appointed such by Bruce Doucette, self-appointed “United States Superior Court Judge”. This would, according to the “appointment”, make Spring’s title “Marshal Marshall Spring”.  Doucette arranged to meet Spring and “Ben” in Burns, to set up a Common Law Grand Jury. Spring and Ben’s visit to Burns coincides with the two FBI form 1023 (CHS Reporting Document) reports, and it is quite apparent that the reports are tracking Doucette as much as they are the events in Burns.

Doucette, on January 14, 2017, confronted Spring with the information I had. Of course, Spring denied that he was an informant, however, even though a subsequent meeting was scheduled, it seems that Spring has given up his phone, as it is no longer in service.

Efforts to contact “Ben” have been futile, and even his last name is unknown. He had red hair and was around the Refuge by January 12 until, at least, January 15, 2016. He was about 5′ 7″ or 5′ 8″ and weighed about 175 pounds. He sported a Fu Manchu goatee and moustache.

Whether Spring or Ben filed the respective reports is unknown. However, by some of the information contained within the reports, it appears that Spring is CHS #12.

January 12, 2016

[heavily redacted]

Later in the day, Doucette met other individuals involved with the standoff including Pete Santillli and Joseph O’Shaughnessy aka “Captain O”. O’Shaughnessy claims to be part of a militia group from Arizona and part of the Pacific Patriot Network. O’Shaughnessy is attempting to get a helicopter to come to the area to conduct counter surveillance. O’Shaughnessy does not like how the holding of the refuge compound is being handled. He believes that a very limited number of Federal Agents could take back the refuge.

Doucette also met with individuals that claim to be part of the press covering the standoff named Mike LNU of the TVOI News Network, Vicki Davis, Chuck Greenwood, telephone: [omitted] and Tim Davis. Mike LNU says they have a “brother” in the Sheriff’s Department and if this comes to a fire fight it will be between the cops.

Doucette’s plan in Burns is to convene two common law grand juries in the area. A common law grand jury consists of 25 jurors and 1 Grand Jury administrator. It takes 25 jurors to indict and 12 to decide on a presented case. The starting point of forming a grand jury will be to discuss the idea with the Safety Committee [Harney County Committee of Safety] on Friday at a party that is planned to take place in town. Roger with the Grand Jury in Florida is assisting remotely with writing all of Bruce Doucette’s decisions and indictments.

Doucette believes that if Bundy gets what he wants (return of the land to the ranchers) that in 6 months it will be taken back by the Federal Government. Accordingly, Doucette stated that, “we can’t leave here until a new Sheriff has been appointed and a new government is installed.” Doucette believes that a sheriff can be appointed because the current sheriff, his department and local government are all corrupt.

.

[REDACTED]

Continue reading ‘Burns Chronicles No 55 – Marshall Spring & Ben’ »

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’ »

Freedom of the Press #3
“Contemptuous Postings”

Gary Hunt
Outpost of Freedom
January 11, 2017.

Well, even though there were many interruptions, I was working on a response to SA Ronnie Walker’s first Affidavit.  Then, on January 9, 2017, Judge Brown, in a Minute Order (See “Freedom of the Press Update – A Grateful Thank You“), told the US Attorney that what they had filed with the Court was insufficient, and they had to go back and “do over”, to justify what they were asking the Court to do.

I will assume that they were up late, as they did make the deadline of providing a Memorandum, supported by an Affidavit, in Response to Judge Brown’s Order.  So, let’s look into the minds of these well-paid defenders of justice (just kidding).  We will deal with the Memorandum, though it will refer to, in one instance, the Affidavit.  There is no need to address the Affidavit.  It is simply a review of recent events with regard to this matter, but does provides a smidgen of hearsay supported by another smidgen of hearsay.  When one is desperate, one digs deep.

Now to the Memorandum; I will include all pertinent text, I will underline and address the more significant parts..

The United States of America, by Billy J. Williams, United States Attorney for the District of Oregon, and through Ethan D. Knight, Geoffrey A. Barrow, Craig J. Gabriel, and Pamala R. Holsinger, Assistant United States Attorneys, hereby submits this supplemental memorandum in support of the Government’s Motion to Enforce Protective Order.

On January 6, 2017, the government filed a Motion to Enforce Protective Order seeking an order from this Court enjoining third party Gary Hunt from further dissemination of discovery materials subject to this Court’s March 4, 2016, Protective Order. The Motion was supported by the Affidavit of FBI Special Agent Ronnie Walker.  On January 9, 2017, this Court directed the government to file a supplemental memorandum addressing the following issues:

Well, I suppose they could be, at once, be paying attention and not paying attention.  The Cease and Desist letter stated, “dissemination and publication of any excerpts of that material“.

To which I responded in “Freedom of the Press #2 – Cease and Desist“, when I wrote, “Holsinger has added a new twist by separating ‘dissemination’ from ‘publication of any excerpts’ with an ‘and’, making them separate and distinct elements.  However, the Order only addresses dissemination.”

So, we are back to dissemination.  Readers will recall that I have consistently stated that I was “excerpting, not disseminating“.  Of course, I first drew that distinction back on October 15, 2016, in “Burns Chronicles N^o 40 – Allen Varner (Wolf)“.  So, are there two elements, each different from the other, as in the Letter, or, only one element, as in the Protective Order?  Again, we must look at the letter of the law, and not what some government attorney wants it to be, at any given moment.

This is what Judge Brown has ordered the US Attorney to address.

1. The Court’s authority to enjoin the actions of a third party under the existing terms of the Protective Order and without advanced notice to the third party and an opportunity for that third party to be heard;

2. The Court’s jurisdiction to compel an individual who is not present within the district of Oregon to respond to the government’s arguments raised in the Motion via an order to show cause or other form of order; and

3. Whether the Court should amend the existing Protective Order in any respect to address the issues raised in the government’s Motion.

Now, these three items were deficient in this latest attempt to intimidate me into acquiescing to their unlawful demands.  Thankfully, Judge Brown saw through their charade and held their feet to the fire.

Now, let’s be clear that I don’t disagree with the title of this next section.  I think that it is easily understood that any Court has the authority to enforce its own lawful orders.  As an example, Mexico has the right to enforce its own lawful orders, within its own jurisdiction.  Come to think of it, so does California.  Even the Ninth Circuit Court can enforce its own awful orders, within its jurisdiction.  Now, the Ninth Circuit, coincidentally, includes both Oregon and California.  However, the Oregon District, while fully able to enforce its lawful orders within its own jurisdiction, it is not able to enforce in another jurisdiction, such as Mexico, or California.

Let’s see what the legal eagles in Portland have to say.

. Continue reading ‘Freedom of the Press #3 – “Contemptuous Postings”’ »

Freedom of the Press – Update
A Grateful Thank You

Gary Hunt
Outpost of Freedom
January 9, 2017

Judge Anna Brown, in Portland, Oregon, has made a decision regarding the Justice Department’s efforts to shut down my writings. Before I give you what she has said, I want to thank you all for the incredible outpouring of support for what I have been doing. I have no doubt that Judge Brown has issued the following order realizing that the government, in Ammon Bundy, et al., has overstepped their bounds and has to, now, eat a little of that pie called humble.

The Minute Order filed, today, January 9, 2017, reads as follows:

“Order by Judge Anna J. Brown. The Court has reviewed the governments Motion to Enforce Protective Order and directs the government to file no later than Noon on Tuesday, 1/10/17 a supplemental memorandum that addresses the following issues: (1) The Courts authority to enjoin the actions of a third party under the existing terms of the Protective Order  and without advance notice to the third party and an opportunity for that third party to be heard; (2) the Courts jurisdiction to compel an individual who is not present within the District of Oregon to respond to the government’s arguments raised in this Motion via an order to show cause or other form of order; and (3) whether the Court should amend the existing Protective Order in any respect to address the issues raised in the government’s Motion.”

Briefly, the Court required the government to prove that I, Gary Hunt, come under the authority of the Court’s Protective Order regarding the Discovery material. Next, Judge Brown requires the government to prove that the Portland Distract Court has jurisdictional authority over someone not within that jurisdictional district. I am in California, the situs (def: the place to which, for purposes of legal jurisdiction or taxation, a property belongs.) of the alleged crime. Third, if the Court does decide to amend the Protective Order, they will have created an “ex post facto Order [law]”, which is prohibited by the Constitution. And, finally, she has given them until tomorrow, sort of like the 24 hours they gave me, to provide a memorandum justifying their efforts to add me to the list of those persecuted by the government in the Malheur National Wildlife Refuge event.

Again, thanks to the thousands of patriots who joined this battle. Also, special thanks to Maxine Bernstein at the Oregonian/Oregon Live, for her article laying out the position of the government and as well, mine. I have no doubt that her article and the subsequent Associated Press articles on the subject were a major factor in the Judge’s reinforcement of the principles that we are still a nation of laws, to which the government, also, is bound.

With gratitude to all,

Gary Hunt
Outpost of Freedom
(Press, publishing in a blog format)

Freedom of the Press #2
Cease and Desist

Gary Hunt
Outpost of Freedom
January 8, 2017

THE PREAMBLE TO THE BILL OF RIGHTS

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

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

THE FIRST AMENDMENT

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

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

Perhaps it would help if we look at the initial step that the government took in attempting to suppress the First Amendment protected right, that “Congress shall make no law… abridging the freedom… of the press“. Congress, being the only legislative body of the government (Article I, Section 1, “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”), cannot, by that simple statement, delegate to any other branch of the government the authority to pass any law, rule, or policy that would be contrary to that protection afforded by the Constitution.

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

Dear Mr. Hunt:

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

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

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

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

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

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

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

and,

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

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

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

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

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