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Burns Chronicles (1 of 9) – The Unredacted Informant Articles archived in opposition to U.S. District Court Judge Anna Brown’s Order to Gary Hunt

Burns Chronicles No 40
Allen Varner (Wolf)

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Gary Hunt
Outpost of Freedom
November 15, 2016

When I wrote “What is Brandon Curtiss?“, I had nothing but gratitude for Wolf.  He had stepped up when I was faced with Brandon Curtiss and his goons.  His involvement allowed me to continue packing in order to leave Burns.  The above picture was taken during this event.

There were some unanswered questions from an earlier incident.  When the shootout occurred at Camp Lone Star, back on August 29, 2014, Varner was with Kevin “KC” Massey and John Foerster, on the Texas Border near Brownsville, when a Border Patrol (BP) Agent fired in the direction of Foerster.  (See “The Arrest of K. C. Massey“.)  Now questions arose as to Foerster’s role, but Varner appeared to be without sin.  Varner, however, was the first to offer his pistol, in his belt under his shirt, to the BP agent, which led to Massey then turning his pistol over to BP.  In hindsight, there were other questionable actions by Varner, though unrelated to the topic at hand.

Varner was quite cooperative in my interview with him and provided some information that only he had, which indicated that much of what BP did, out of sight of Massey, was not consistent with the testimony they offered in court.  This could be interpreted as an attempt to ingratiate himself to Massey and myself.

According to Massey, Varner left Camp Lone Star within a couple of days of the shooting.  He did not return until two days before Massey’s arrest.  Was he there to report when Massey was going to spend the night in the motel room?  Only someone at Camp Lone Star would have that information.  At that critical time, Varner was at Camp Lone Star.

Now, often people have suspicion that someone could be an informant.  I may have reason to believe someone is an informant.  However, I will not write that someone is an informant unless I can prove that someone is an informant.  So, ironically, the person that helped me while I was in Burns is, well, an informant.

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 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.

A Public Trial, as intended by the Founders, was guaranteed so that we could judge both the alleged crimes of the accused and the role of the government.  This article, and subsequent articles on the subject of informants, is about the role of the government.

Informants are nothing less than spies, albeit, they are not spies set against foreign enemies or other countries.  No, they are spies sent by the agents of the government to act against their own people.  Whether they are paid, as was the case explained in my article “Terri Linnell (Mama Bear)“, to avoid prosecution for a crime they may have committed, or simply because they disagree with the politics of whomever they are informing against, they are nothing less than those contemptible creatures who, in most situations, face death if caught practicing their trade.  The only exception would be when they realize that they are on the wrong side, and willingly change to the right side.  This is addressed in another article, “Informants – What to do About Them“.

Using form “FD-1023”, also known as “CHS Reporting Document”, agents assigned to an informant provides information, based upon their communication, face to face, via text or email, by phone, or even secret messages, to place this information into the record.

Unfortunately, some of the records I have obtained are so severely redacted that nothing but the pre-printed form information is visible.  However, often what the informant reported can be compared to information obtained in speaking with victims of the informant, or the information reported may become available in other public forums.  Often, such information is “exculpatory” in nature, meaning that it tends to provide evidence that the accused may not be guilty of the crime with which he has been charged.  So, I will provide some of the text from the reports and offer a perspective regarding both aspects.  The entire body of information will not be provided in this article.  A sampling should be sufficient to provide the reader with understanding of just how these spies operate, and how they may set their own trap.  The spies will identify themselves as “CHS” (Confidential Human Source).

We will begin with January 4, 2016, two days after the occupation of the Refuge and the first identifiable report from Varner.

There are 25-30 people on the property to include 5 women who are assisting in cooking, etc.  Most individuals are carrying side arms and CHShas not seen any Iongrifles, but knows they are there. CHS has not yet seen any explosives and one militia member is in the watch tower approximately 100 feet in the air. The militia will be conducting patrols at night.  CHS will obtain license plates later this evening and saw one militia member driving a white 4X4 truck bearing US Government plate number I487752 presumed to belong to the refuge. The militia is expecting the FBI to arrive and know that they are being called trespassers and not domestic terrorists.

CHS observed the following vehicles:

[Note: first two vehicle descriptions and plate #s not included for the privacy of the owners]:

3) Jason Patrick, White Male, mid 40’s, 5’10″, 230 lbs, beard, mustache, seen driving the white 4X4 truck bearing US Government plate I487752.

So, we can see that this informant, along with others, provided a snapshot, updated frequently, of what was going on and who was present at the Refuge.

 

The next day, January 5:

Ammon Bundy, Brian Cavalier (Booda), Jason Patrick, Ryan Bundy, Ryan Payne, Blaine Cooper and Jon Ritzheimer are all staying in the main building up front. Pecking order CHS based on behavior observed is 1. Ammon Bundy 2. Ryan Payne and Jason Patrick 3. Brian Cavalier (Booda) and 4. Jon Ritzheimer. Booda is in charge of security. Ammon Bundy will more than likely speak with negotiators. CHS is in not staying in the front building and has not yet observed any formal plans. However, CHS is told the plan is to stay and wait for the FBI to make contact. They know the FBI will say they are trespassing, but believe it is B.S. as they do not recognize the land belonging to the federal government. They do not know what the FBI is thinking. By the FBI not taking any action, it has made militia members nervous/scared about the unknown. The militia does not know who will be arrested or exactly what plan of action will be taken when the FBI does make contact. CHS described the atmosphere as nervous, filled with anticipation and confusion if something were to happen. Some people are sleeping and they sleep in shifts.

No alcohol has been observed and approximately six people have been seen carrying side arms and long guns being .308 or 5.56 calibers on an AR platform. CH$ has been looking for explosives and has not observed any. The militia does have access to propane and fuel from the refuge itself. Patrols are being conducted and there is a person in the watch tower 24/7 with a long rifle and radio. There is a shift change in the watch tower at 3 a.m. CHS has not yet seen other set schedules at this time. CHS has asked about night vision equipment and the response received is that no night vision equipment is on site.

The following vehicle was observed on the property.
1999 Black GMC Truck bearing [state] plate # nnnnnn

The militia’s main objective is to have the property administered by the federal government returned to the people (States/counties). The second objective is to win the support of the American public to create the power needed to accomplish the first objective. At this point, everyone is united with these objectives. The militia believe they are currently winning by gaining support of the American public as well as the locals. They feel more empowered since the local are coming by and delivering supplies and the FBI has not yet reached out to the militia.

If the public demands they leave, CHS doesn’t think the militia will leave until additional pressure is placed upon them. CHS did not know what that pressure would be, but just asking the militia to leave will not work. If the FBI continues to do nothing, the militia will just gain more people on site and more power until the FBI is forced to react. None of the core leaders have made life ending preparations at this point, but Ammon Bundy and Ryan Payne have stated they would take a bullet if needed. Jon Ritzheimer stated he would go to jail, but appears very nervous and really does not want to serve any jail time. Militia members for the most part are just wondering around waiting for something to happen.

So, you can see that the FBI had a fairly decent picture of what was going on in the Refuge.  You can also see what the intended (perhaps exculpatory) purpose of the occupation was, as well as the “state of mind” of the principal players.  This was of importance during the trial, so we can understand why the government did not want the Defense to be able to identity and therefore call these people as witnesses.

CHS attended an administrative meeting today at 1:00 p.m. It was decided that three separate militia units will be created and led by Ryan Payne, Jon Ritzheimer and CHS. There are five people assigned to each militia unit leader and they are to conduct security patrols and other missions as requested by the “administration” .The three militia units will grow in size as more people arrive in support of the overall mission. All current fifteen members of the militia units intend to stay for the completion of the occupation…

Now, here is one of the little pieces used to deduce who the informant is.  He is one of three militia group leaders.  However, if we know (and we do) that Ryan Payne, Jon Ritzheimer, and Allen Varner were those three militia leaders, then we also know who “CHS” is.

CHS goes on to rank the principal players:

A ranking by the CHS of the most dangerous members on a scale of 1 to 10, ten being the most dangerous, included the following: Booda 9, Ritzheimer 8, Payne, Ammon Bundy 8 or 9, Ryan Bundy 8 or 9, Robert Finicum would most likely back down.

Rather interesting that he identified Robert (LaVoy) Finicum as most likely to back down.

In the January 6 report, we find more information, some tending to be exculpatory.

At least seven different vehicles driven by locals dropped by today to show support and deliver supplies to include, elk meat, steaks, hamburger meat, blankets, hand warmers, etc. The front porch of the bunkhouse used for cooking is now filled with food and supplies. One local stated he would be back again next week to drop off more supplies.CHS and others have been told to use the refuge’s fuel stored in large tanks for their personal use.

A… “Committee of Safety” held a long meeting with the Bundy’s today. [They were] to show their support for the refuge takeover.  They were also going to explain at the meeting that the militia at the refuge were not “crazy gun toting people” as portrayed by some of the media.

An individual named McConnell claiming to be the leader of the Three Percenters Militia in Arizona showed up at the refuge last night or early this morning. The individual is physically fit, mid 40’s, 6’ in height, blonde hair, blonde mustache, driving a brown colored jeep. McConnell also claims to be a Marine and/or Navy Seal. CHS considered McConnell as strength for the militia at the refuge. CHS could not describe any weaknesses the militia has at this time. If anything, the militia continues to gain strength in morale because the locals continue to come by to show support and deliver supplies.

CHS described the atmosphere as calm and relaxed but still expecting something to happen. Patrols were done every four hours, people have been sleeping and milling around like a normal day.

In the January 7 report, we have another clue that helps to identify the CHS, along with other information.

As of this morning, there were approximately 35-40 people at the refuge. So many people have arrived that the new arrivals are sleeping on the floor and not in bunks. They are expecting a lot more people to show up today.  “Will” is from the Seattle area and driving a Nissan X-Terra bearing Washington Marine Corps plate number nnnnnn. Will is the one who brought in the night vision equipment and it appears to be a night vision spotting scope. Will also brought with him a 300 Win Mag rifle. CHS also observed the following license plates: Nevada tag nnnnnn on a Ford F-150, Arizona tag nnnnnn on McConnell’s vehicle.

Last night at approximately 8:30 p.m., Louie Prepper at two others came over from their camp across the street and requested entry into the refuge and to speak with Robert LaVoy Finicum. CHS refused to allow them in resulting in a physical altercation. CHS was struck in the face and cut by Prepper and “Fat boy” (CHS’ description) from Colorado broke the mirror on CHS’ vehicleCHS got up and kicked Fatboy in the groin causing severe pain to Fatboy. Pete Santilli told CHS to stand down and Prepper and the two others entered to refuge to encounter Blaine Cooper. Cooper got into a physical altercation with Prepper and the two others. Fatboy claimed Cooper broke his nose and was going to file a complaint and they left the refuge.

The ATV was used this morning to take supplies to the watchtower allowing for guards to stay in the tower for long periods of time. Two guys mainly occupy the watch tower which CHS has not yet met.

CHS has observed one 300 WIN Mag rifle, two SKS rifles, three AK-47’s, one 12 GA pump action riot shotgun and quite a few AR-15’s (5.56). Most are mainly carrying side arms and one female is carrying a sidearm.

Patrols continue every four hours and are conducted by 4-5 people in vehicles. Patrol routes around the refuge are not set, more like people driving around in vehicles. People do remain at the front and back gates. Patrols are not done on foot because of the snow. Most active use of communication is via supplied radios, but cellular telephones are also being used.

CHS has not heard any rumors about kidnapping a federal agent. Atmosphere remains relaxed.

A Washington Three Percenter Militia member named Darrel is currently assigned in the watch tower. There is now a flare gun in the tower that will be discharged to warn everyone within the refuge of incoming law enforcement raids. CHS observed the night vision equipment brought in last night and it appears to be mountable on a rifle. The militia still fails to have any grasp on organization. Currently, Patrick is attempting to create a list of shifts and assignments for members within the refuge. The three militia units previously created and led by Payne, Ritzheimer and CHS are still in play, but have not yet been assigned to complete any tasks.

CHS observed California license plate number nnnnnn on a dark blue Chevy Blazer. There are roughly 40-45 people within the refuge. The atmosphere remains relaxed and still waiting for something to happen.

You can see that the FBI had status reports that gave them a day-to-day update on the situation at the Refuge.  We also see that Varner was still in charge of one of the militia groups.  However, another confirmation of his identity is found when he described the broken mirror incident.  In an interview with Varner, he said that he swung his fist to hit Louie (Lewis Arthur), hit the mirror instead, and hurt his hand.

We will skip the January 8 report, and since there were are no identifiable reports for January 9 and 10, go to January 11.

CHS provided two inert grenades taken from the refuge, a notebook recovered from the ground and showed case agent the hand held radio taken from Ritzheimer. People using cell phones are using the Zello walkie-talkie App to communicate. The notebook had several pages removed and contains limited to no useful information (see attached photographs).

The extra support has again made the administration and supporters feel as if they are winning.

The leadership was 1. Ammon and Ryan Bundy, 2. Jason Patrick, 3. Ryan Payne, 4. Ritzhiemer. Ammon and Ryan Bundy, LaVoy Finicum, and Payne remain as the administration of the refuge. Finicum was the self proclaimed media representative.

They group is calling themselves the “Citizens of Constitutional America” and not a militia. The administration is adamant that they do not call themselves a militia.

They have not constructed any defensive structures or positions such as rifle pits, sand bag cover, etc. The militia will more than likely use the heavy machinery on site for cover and have positioned some of this equipment at the entrances to the refuge. The patrol routes remain random around the perimeter and consist of individuals driving around in vehicles.

The interviewing agents showed the CHS an aerial photograph of the refuge complex with the buildings numbered. CHS described the use of the buildings as follows:

Building 19 – Fire Bunkhouse – CHS described this building as having 8 bedrooms, one bedroom has 4 bunks, the remaining rooms have two bunks each¯ All bunks were full.

Building 15 – Payne and Riztheimer were staying in the two small houses across the street from the firehouse

(building 19) . These houses have an exterior bathroom nearby¯

Building 18 – Warehouse

Building 11 – Warehouse/garage with lots of equipment

Building 17 or 16 -Generator building

Building 1 – Admin buildings were meetings are conducted

Building 6 – The two Bundy brothers and Finicum’s sleeping quarters

The third clue as to the identity of the source of these reports is related to the “hand-held radio”.  Ritzheimer said that he gave it to Varner.  In an interview with Varner, when asked directly about the radio, he said that Jon was in his truck with Blaine Cooper and he saw the radio sitting on the seat between them, but it was never given to him.  However, at shift change the next morning, the new guard contacted Jon to say that he had no radio with which to communicate.  It appears that Varner simply showed the radio to his handler, and then kept it for himself.

Two more identifiable reports were filed on January 15 and 16.  They continued updating with regard to the status, positions, state of mind, etc., of those inside the Refuge.  So, we can see that from this one source, a lot of information, some accurate, some not so accurate, was made available to the FBI.  On top of this, understand that there were eight other informants reporting from inside the Refuge.  There were also six additional informants in communication with the occupiers via telephone.  Those occupiers inside believed that they were talking to outside “friendlies”, and managed to provide quite a bit of useful information to those informants.  This topic will be addressed in a subsequent article.

In all fairness to Varner, I called him after I had finished the article.  I read him the statements about the three militia groups, the encounter with Lewis Arthur, and the report where he showed the radio he got from Ritzheimer to the case agent.  He stated that somebody lied — that it was bullshit.  He concluded with, “I ain’t no informant or agent”.

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BURNS CHRONICLES ARCHIVED (51-59)

Burns Chronicles No 51 – William “Will” Kullman (Night Hawk)

Burns Chronicles No 51
William “Will” Kullman (Night Hawk)

Gary Hunt
Outpost of Freedom
December 28, 2016

Jon Ritzheimer had put out a call for more people to come to the Refuge, shortly after the occupation on January 2, 2016.  Many people who supported the effort being made by Ammon Bundy and the others resent that message.

On January 3, Will Kullman contacted Maureen Peltier (SSG Moe).  Peltier was one of those who had passed the message on.  His first contact with Peltier shows that he was from Lake Stevens, Washington and that he was Founder of “Kullman Combat Organization”.  Some of the text messages indicate his desire to help:

“I wanna come down to Oregon to help.  What do I need to bring and when is the best time to come?”

Is there an armed militia that is doing security like we did at Sugar Pine and Bundy?  Just wondering if I should bring a weapon.

He then stated that he “had a team ready to go…”  And, then asked for a contact for when he got there.  However, when he arrived in Burns, he was alone.

He knew that Ritzheimer was a Marine, so he sent the message:

“I will be there to help him.  Tell him a fellow Marine is on his way to help him.  Tell him I said “Semper Fi.”

On January 6, as he entered Harney County, he relayed messages through Peltier, announcing his approaching the Refuge.  At 8:33 PM, he was driving in fog about 16 miles out from the Refuge.  Then, at 10:56 pm, he reported to Peltier that he had arrived and that he “just met up with Ryan.”  (Not sure if it was Payne or Bundy, as both were present at the time.)

“Semper fi”, short for “semper fidelis”, is the Marine Corps motto, Always faithful — that Marines will always be faithful to the Corps and other Marines.  Both Ritzheimer and Kullman were Marines, though Kullman was more than willing to turn against his fellow Marine.

January 7, the day after Kullman arrived, he texted:

“You know there’s only maximum 40 of us here…  Not as many as before.  Get the word out.  They are cutting power to the Refuge.”

Peltier questioned his going public with that sort of information and told Kullman that such information should only come out from the leadership.  Peltier was beginning to have questions about Kullman’s assertiveness and assuming the authority to speak for the Refuge.

.

Then, on January 8, in an apparent effort to impress Peltier, he texts:

“Actually, I was just made the team leader of the militia with Jon, so trust my intel when I give it to you.”

Peltier, concerned about what role Kullman is playing, contacted Ritzheimer to explain what Kullman was doing.  She indicates to Kullman that she has spoken with Ritzheimer and that he did not want any numbers to be given out.  Kullman had been given a leadership position; he replaced Ryan Payne as head of one of the three militia units.  The initial militia units were headed by Payne, Ritzheimer, and Varner, as explained in “Burns Chronicles No 40 – Allen Varner (Wolf)“.

The next day, January 9, Kullman is again trying to butter up Peltier, probably realizing that she has concerns about him, texts:

“At the point, with as much media that’s been here, everyone knows.  You’re the only person that can get trusted and resourceful information out to the people.  I’m sorry that I made you feel like a subordinate, but, the fact remains your ability to get the word out that we need help is impertinent (?) to the cause.  I know we don’t know each other that well, but if Payne, Cooper, the Bundys and even Ritzheimer trust my judgment, maybe you could too, one day.  Thanks for what you are doing.  Out.”

You can see that he is trying to get closer to Peltier by his praise and his claim that “Payne, Cooper, the Bundys and even Ritzheimer trust” his judgment“.  Kullman ended up leaving the Refuge on January 12 or 13.

Thus ended the communication between Kullman and Peltier, until January 26, after LaVoy Finicum was murdered, and all but two of the remaining members of the convoy had been arrested.  There was confusion as to whether the Ryan that had been shot was Bundy or Payne.  Until subsequent calls were made, and eventually it was established that it was Ryan Bundy, only Mark McConnell and Victoria Sharp knew for sure who it was.  So, Kullman crowns his lies with a final effort to endear himself to Peltier, when he sends this message:

“Just got off the phone with a person who was with the people that were arrested, and he was released.  Told me what happened to everyone including Payne and Lavoy.”

It was Ryan Bundy, and McConnell knew that.  Payne was put with McConnell, Ammon, and Booda, where they sat in the cold until the events down the road, where Ryan Bundy received a wound and LaVoy was killed.

Peltier, however, had had enough of Kullman and refused to answer any texts after the 8th.

Now, let’s venture into Kullman’s role as an informant and what information he provided to the FBI.  This information is from the FBI form 1023, “CHS Reporting Documents”.  CHS is Confidential Human Source”, or informant, or perhaps, spy.  This, “xxxx”, indicates redactions within the paragraph.  Those marked “PTM” by me are probably “Private Text Messages”, since time-stamps appear on the reports.

January 7, 2016 – PTM

7: 27 AM: xxxx The whole refuge is under control. The federal worker cabins on sight are being used for shelter and housing for the militia. Hot water, electricity, and hot chow available. Numbers are minimal and most have received very little sleep. Weapons are not required for watch, but are not frowned upon either. They are trying not to make a scene by having them.

2:26 PM: There is a large supply of free food and a lot of donations. CHS is on the inside with JON RITZHEIMER and RYAN PAYNE. CHS has been asked to be a body guard for the BUNDY’s. Right now, there is zero organization and they are in a defensive posture. There are one or two guys on guard. There is a front guard and a back gate guard. The guys also have zero experience as far as training and weapons. There are about 30-40 people and maybe 75% are combatants. Weapons are staying in vehicles. Most everyone is just carrying a pistol on them. Mostly 5.56, hand guns, and some 7.62 Ak-style rifles. There are some higher calibers, like a couple of .308’s and apparently a .300 Win Mag. There is consistent talks of taking up arms if LEO/FEDS come onto the refuge and they all seem pretty serious about it. They are going through the property and using what they can use to aid their stay.

2:27 PM: Only a few folks have armor with no QRF, patrolling or legitimate security in place. There is a total complacency for security. These guys don’t have a clue what they are doing.

January 8, 2016– PTM

12:40 PM: There is an older guy, drives a 90’s model Suburban and dressed like a cowboy. He stated that he planned to go to where LEO were and give them a piece of his mind.

1:20 PM: More gun fighters showed up. 8 or 9 of them with AR-15’s, pistols, but no kits yet observed. They are an organized group from southeast Oregon.

2:35 PM: No eyes on, but confirmed through constituents that the Oregon III% and Idaho III% have deployed to the refuge. “Reinforcements” are inbound.

2:43 PM: There is a guy LEO should look into. He is talking about how the way we deal with the problem is to ambush officials and “blow their heads off with shotguns and solve the problem no evidence.” His name is ROBERT HART and he is in his mid-50’s. He’s a lunatic. CHS noted he/she would attempt to get license plate. He drives a green two-door Suburban. He is not associated with these guys and they have made numerous complaints about him already.

January 9, 2016 PTM

11:39 AM: About 20 vehicles with 50+ men from Idaho and Oregon III% and OATH KEEPERS just showed up. Add about another 100 firearms to my original count. ANDREW BERDOTHA is here now.

2:42 PM: BERDOTHA and that huge convoy of III% left. They are apparently staying in the area, but not at the refuge. BERDOTHA admitted they had been harassing LEO’s out in town. RYAN BUNDY and his bodyguard with a two man security detail are out in BURNS, OR heading to BLM office to screw a sign to the door that says “permanently closed.”

Now, Sheriff Ward, the FBI, Mainstream Media, and many others, claimed that those at the Refuge were harassing the LEOs in Burns.  However, Kullman reports that it was Idaho III%, Oregon III%, and OathKeepers that were responsible for the harassing going on in Burns.  No wonder the FBI wanted to hide Kullman and his testimony.  Berdotha is an OathKeeper from Bend, Oregon.

3:41 PM: BERDOTHA talked about their group going to the airport to harass you guys (Agent note: “You guys” are meant to be FBI.)

10:08 PM The numbers for during the day and night as permanent personnel stay roughly the same. Maybe +/- 5 people stay out in town, but they are most out of town ranchers or civilians who are in a supportive role. The media never stay overnight. There are roughly 20 “Militia” or “security” combatants on site. However, there are about 50 people on site and all of them claim to be combatants. But actual personnel who are pulling security and have weapons is about 20. There are around 6 children ages 10 and younger with 2 infants to include AMMON BUNDY’s family who are staying on site. Key players, such as RITZ, PAYNE, the BUNDY’s and COOPER do not stay in town, they stay at the refuge every night.

11:04 PM: If you mess with the refuge (Agent note: referring to LEO), they will be right behind you to take you down.

January 10, 2016 – PTM

9:41 AM: AMMON BUNDY and a small personal security detail are heading south to Fields, OR in one vehicle. There are 5 total personnel and 6 total weapons. They are heading down on the 205 and not using any other routes.

9:48 AM: They are going to Fields, OR to attend a meeting where they will talk with the community about the refuge and what they’re doing. They are traveling in a white, four door, Ford pick-up.

Kullman has been providing tactical information, however, here, he is setting the stage, probably hoping that the FBI will set up a roadblock and take Ammon and the others down.  It appears that he is traveling with them, and would probably play hero if there was a roadblock, and arrest Ammon while still in the “white, four door, Ford pick-up“, going south on 205.

11:25 AM: At Fields, OR school house. There are about 50-60 people in attendance including children.

2:22 PM: Group heading back to refuge from Fields, OR.

4:33 PM: Denotes picture of LEQUIEU. (Picture attached to 1A).

5:18 PM: Retired Army General NELSON has arrived and he presented AMMON BUNDY with his bronze star from Iraq. NELSON is here for moral support.

5:46 PM: PAYNE has been pretty stable, mainly dealing with operations politics with the ranchers. He is always with the BUNDY’s, PATRICK, and RITZ. He rarely leaves.

10:02 PM: PAYNE will be leaving soon. He isn’t staying much longer, but plans on returning. PAYNE and RITZ are going to be outside the wire tonight on patrol armed with AR 5.56 and .308 FAL with scope. Unsure of their exact location.

January 11, 2016 – PTM – [It appears that there was two-way texting going on during this session.  Case agent is pasting CHS texting, but not his own.]

5:06 AM: CHS reported, ” I asked. He’s working on it.”

5:34 AM: There is no evidence or proof that government computers were used, but it appears that the computers on the refuge appear untouched. Only hard supplies, like paper, printers, and physical supplies were used. The only other computers here are personal ones. No one appears capable of being able to access the computers via hacking.

10:25 AM: PAYNE is in town on a mail run.

10:29 AM: PAYNE plans to leave for an extended period of time. xxxx

10:34 AM: LEQUIEU confirmed he was a felon today in a debate over gun rights with felons. As far as the other two, one does not have a weapon with him, or on him, and one has expressed he is not allowed to carry one. The other one is no longer on the refuge.

2:36 PM: Someone sent that to RITZ and PAYNE (referring to photo of sexual toy-picture attached.)

2:37 PM: Do you understand how hard it is to control my composure? I’m dying on the inside (referring to aforementioned photo).

5:53 PM: Agents and LEO followed RITZHEIMER? Because that’s what he said. If you did or have Agents hanging out near the refuge, or on any ridge, PAYNE and JASON PATRICK agreed to go full kit and weapon to approach the Agents and surround them to talk. (Agent note: On 01/19/2016, additional details were provided in a follow-up interview). RITZHEIMER believed he was followed while on his way into town on HWY 205. He was on his way to the VERIZON store when 3-4 all white law enforcement vehicles followed him.

What?  No threat, simply talk?  That’s not what we heard in the courtroom.

5:58 PM: No he was followed into town. Said it was federal VIC’s and LEO that followed him into town.

6:31 PM: You know they ripped down a fence the BLM put up right?

8:18 PM: Two more semi auto .308’s showed up today. An MIA Socom and FAL.

8:58 PM: Unsure of the timing, but the people here are trying to get a lot of money together to make a large purchase of tactical equipment. They want LBV’s, mag pouches, magazines, ammo, optics, holsters, and belts. They want to use the items to distribute to people who came with nothing. Some people are saying they are willing to contribute money to purchase weapons. It’s all talk right now. As far as acting on it, it is unclear when it will happen.

January 12, 2016 – PTM

8:59 AM: It is unclear when, but people at MWR are trying to get a lot of money together to make a large purchase of tactical equipment. They want to buy IBV’s, mag pouches, magazines, ammo, optics, holsters, and belts for people who show-up with nothing. Some people are saying they will contribute money to buy weapons, but it’s all talk right now. Unsure when they will act on it.

2:06 PM: For the past two nights, PAYNE and RITZHEIMER have been out around 11 PM -2 AM looking for federal and local law enforcement officers who may be in the area on the sides of the roads. They have been taking weapons with them and have been looking for about 2.5 hours to “show a force” to the Agents or LEO’s if they see them. They are usually in the area of 205 MSR.

2:23 PM: Located another shotgun and .300 WIN MAG.

Kullman then left the Refuge.  However, he hadn’t ended his role.  His Case Agent, shortly before the murder of Lavoy Finicum, who had some questions, contacted him.

January 22, 2016

CHS was asked to identify an individual in a photo. The individual in the attached photo is standing to the left with a black stocking cap on and a desert digital camouflage top. CHS identified the individual as Geoff Stanek who CHS believed was from northwest Oregon. CHS stated that Stanek could also be from southwest Washington. CHS stated that Stanek is a Army combat medic veteran.

CHS was also asked if any of the subjects at the MWR had fired a weapon while at the refuge. CHS stated that the subjects talked about making a rifle range on the property to shoot and practice, but was changed to building one off the refuge and shooting somewhere else. Payne was interested in finding out where the “Feds” had been posting up and set up a rifle range right next to them.

The FBI sought identification of individuals in a photograph, though no indication of the source of the photo.  Then, they queried about gun firing on the Refuge, even though the Refuge allows hunting and has no restriction on firearms (See Burns Chronicles No 26 – Firearms Not Allowed).  It was just a day later that “John Killman (See Burns Chronicles No 42 – Fabio Minoggio (John Killman)) began firearms training and led the occupiers in to a firing exercise, which the video of became a key piece of the prosecution’s evidence – until Killman testified.

January 25, 2016

CHS reported that Jon Ritzheimer left the Malheur Wildlife Refuge (MWR) last night and plans to be away for approximately a week or so. Payne is still at the MWR and CHS was not aware if Payne intended to ever leave on his own.

January 25, 21016, the day before LaVoy’s death, is the last report that is within the obtained documents.

Kullman demonstrates one of the characteristics of an informant.  He tried to ride Peltier as an entrance to the Refuge, hoping that it would be “credentials”, though Peltier made clear that she did not know Kullman.  Kullman then lied to Peltier about his role and authority at the Refuge, but he failed, in that effort, too.

When someone starts dropping names, contact those named to see if what is claimed is, in fact, true.  Your diligence, in this regard, may save you some grief.

Kullman was an “inside” informant, identified as “CHS #14”.

Prior to publishing this article, I called Kullman.  As I began to explain that I was writing an article about the role he played at the Malheur National Wildlife Refuge, and see if he wanted to see the article and comment, he hung up the phone, in my midsentence.

NOTE (March 9, 2017): Though Will Kullman did not testify, he did appear as required. The decision to not have him testify was made by the Defense Counsel and defendants.  The US Attorney did confirm, to the defense attorneys, that Will Kullman was an informant for the FBI, and was paid for his services. This was confirmed on Tuesday, March 7, 2017.

 

3 Comments

  1. Constitutional Truthsays:

    Gary,
    Of all the articles you’ve written thus far regarding informants, this one has me the angriest. That a fellow veteran, a Marine (dammit, he doesn’t deserve that title anymore in my opinion), would sell out his Countrymen for a few pieces of silver, has my blood boiling!
    All I can say is this: I’ll see his “semper fi”, and raise him an Aim High!
    Char

  2. Juliesays:

    Thank you for your hard work..
    It’s invaluable!!

  3. […] « Burns Chronicles No 51 – William “Will” Kullman (Night Hawk) […]

     

Burns Chronicles No 52 – Will Kullman (Nighthawk) #2

Burns Chronicles No 52
Will Kullman (Nighthawk) #2

Gary Hunt
Outpost of Freedom
December 30, 2016

I have been contacted by a number of people who were contacted by Kullman, after the “Burns Chronicles No 51 – William “Will” Kullman (Night Hawk)“went out. His line to them is that I (Hunt) am a BATF agent. Heck, that accusation goes back to 1993, and in all of that time, nobody has been able to provide any substance to that accusation. That just shows how cheap talk is.

I have also been provided a copy of a text conversation from back in September, about the time the Portland Trial, Ammon Bundy, et al, began. So, we will begin with that text conversation. I have indicated Kullman’s comments with K and the other participant as S. This discussion took place before and during the trial that began on September 7, 2016.

SEP 4 AT 10:08 PM

K:  I’m going to Portland for the Bundy trials. Will you be there

SEP 21 AT 5:46 PM

S:  Dude… People are freaking out your like McConnell… is this true?

K:  Excuse me?

S:  Ya. Everyone is telling me you were buddy buddy with him and you mysteriously left last week after they showed your picture. I’m not saying it that’s not me… it paranoia all over again… someone said you are testifying for the prosecution. Blah blah blah… figured you would want to know

K:  First and foremost before the Bundys before the trials before any of this Mark and I Marine brothers just like John Ritzheimer and our bond is before everything else. Period. I have no idea what you mean by showing my picture I left on Thursday afternoon because I had trial myself here in Washington Friday morning for my son in custody. I’m not testifying for anybody and I risked a lot going to the courthouse, and because I was in Portland for a week and didn’t see my son before my trial I end up losing custody of my son so I sacrificed to be there don’t lump me in with Jason Blomgren just because he squealed like a pig.

Note that he mentions Ritzheimer, claiming that their “bond is before everything else.” This was brought up in ” Burns Chronicles No 51 – William “Will” Kullman (Night Hawk)“, when Kullman told Peltier to tell Ritzheimer, “Semper Fi!”

Now, we will jump to the end of the next discussion, which took place on Facebook. The initial discussion began on the day that LaVoy Finicum was murdered, January 26, and concluded on the next day. The conversation picks up again on December 28, 2016. It is this last portion that we will begin with. This is the day that the first Kullman article was published.

8:23 pm [December 28, 2016]

Friend:  Not sure what is going on but you are being tagged in the Patriot community as an informant against the refuge guys.  Outpost of Freedom has evidence and has written an article against you.  What the hell is going on?  I trusted you

8:37 pm

Kullman:  I’m not sure.  I was just told of it.  And haven’t finished reading the article myself

I don’t know how they would come to that conclusion, I’m one of the biggest patriots in this state and make it known because I’m proud of who I am.

8:39 pm

Friend:  I’ve been hit up by the armchair warriors stalking my page that keep pming me telling me how terrible I am that we are “friends” on fb…but I can’t find your name on my list.  Strange.  Gary Hunt called you for your input but you hung up on him.  What the hell is going on?

8:41 pm

Kullman:  Only 2 things in the article I’ve read so far are true.  Me telling Maureen I wanted to come help, and that I hung up on him cause he’s a known ATF agent.

And as far as Robert Hart, this character I turned into the Feds for wanting to kill cops, I didn’t tell the Feds that.  I told the Bundy’s, Payne, Patrick and Ritz about that guy.

8:42 pm

Friend:  Hunt is a known ATF agent?  What?  Bullshit!

8:43 pm

Kullman:  He mentions me in another one of his articles but what is written isn’t even true about me.  He says I brought night vision and a 300 win mag to the refuge but I’ve never owned any of those things.  I brought my AR and my pistol.

You can look all over the internet and find articles wherever the patriot community has come into play, Gary hunt is there

8:45 pm

Friend:  Of course he’s there.  He’s a Patriot journalist.  Why would he write crap about you if it weren’t true?

8:48 pm

Kullman:  Idk.  I’m getting all sorts of messages and stuff.  Not sure what to think about this.

8:50 pm

Friend:  I’ve known Gary since Sky was arrested and he seems as if he doesn’t like to publish anything unless he has proof of what he’s writing…I would like to see proof of his accusation if I were you.  If it’s not true, I would demand proof.

8:51 pm

Kullman:  My only worry is if I do it, he will twist my words.

8:52 pm

Friend:  That’s why you document everything in writing…your words can’t be twisted without proof that the words are being twisted if it’s in writing.

8:52 pm

Kullman:  I’m gonna try and absorb this.  Appreciate you writing me.

8:53 pm

Friend:  Why?  If these accusations are untrue, I’d be pissed and I would get on his page and ask for proof in the comment section of the article.

8:54 pm

Kullman:  Appreciate you writing me.  Don’t write to me again.

I didn’t realize that Kullman had already turned “Robert Hart” in to the feds. I can see no reason, whatsoever, that a person would turn a patriot over to the feds for what he said. That decision should be something to be decided by than more than one individual, and should be made by people that might be affected by whatever Hart said or did. If all else failed, then, their decision might be to turn Hart over to the feds. For a sole person to make such a decision could, as easily, be to an attempt to garner favor (or money) from the feds, as much as anything else.

It is also clear that Kullman wants to discredit the information contained in the article by trying to discredit the author (me), instead of discrediting the content of the article. However, the “Friend” knows me, well.

I want to provide the opportunity to someone that I am exposing as an informant to have his say.  To do so, I endeavor to give that person the opportunity to provide something that would prove that I am wrong in my deductions. If I have a phone number, I call that person to give him such an opportunity. In this instance, I called, and it went to voicemail.  Within just a few seconds, insufficient time for Kullman to have listened to the message, I received a phone call from Kullman. If you listen closely, you can hear the click after I say “events”. That is when Kullman hung up his phone.

Understand that I do record the calls that I make under these circumstances. First, to confirm that the call was made. Second, to make sure that if they make any comments, or provide information that contradicts what I have written, that I can be precise in what I write in any follow-up on the article.

Regarding Kullman’s communication with the “Friend”, we can now go back to what occurred on January 26, 2016. That was the day that LaVoy Finicum was murdered by the Oregon State Police, and in which the FBI has yet to conclude its “investigation” into the role that their agents played in those few minutes that were the last of LaVoy’s life.  The communication, on FB, begins just about 5 1/2 hours after the shooting.

1/26, 10:02 pm

Kullman:  [Friend], I was at Schuyler’s case back in December, don’t know if you remember me.  I have been at the refuge in Oregon with Jason Patrick and the Bundys (god help us all for what happened today) but I was wondering when Schuyler’s next court date was so I could be there now that I am home.

1/26, 10:05 pm

Friend:  May 2 is the trial date and we don’t know when the Motion hearings will be.

1/26, 10:05 pm

Kullman:  Ok perfect.  What’s the plan?

1/26, 10:05 pm

Friend:  For OR or the Sky’s court?

1/26, 10:07 pm

Kullman:  Both?  I know we don’t know each other that well, but I was in Oregon as a leader of the Militia down there.  As well as PSD for the Bundys.  I just want to know what else I can do here with you for Schuyler and Oregon if there is anything else we can do…I know Schuyler protected you.  He is my Brother, and Fellow Marine.  If there is anything you need as far as security, let me know.  I need details of everything.

1/26, 10:13 pm

Friend:  I cannot talk about any plans on fb but the feds do not know the powder keg they just opened.  The fuse has been lit and it could be bloody on both sides.  Thank you for the offer.  Schuyler is our boy and what the feds did to set him up is wrong on so many levels.  Now they are trying to go after my wife.  She has an attorney but the feds want to charge her for bogus crap concerning Sky.

1/26, 10:15 pm

Kullman:  Any other way we can communicate.  I know the PPN was there before when I was there, but, I have teams here in Western Washington that are ready to go.  I just want the best clarification as possible.

I am so sorry they are going after [Friend’s wife].  She is a GOOD woman.  I enjoyed our interaction at the Wandering Goose when we went there for lunch.

Not sure if you still have my contact info, but email me or call me anytime you need ANYTHING.  4253197669

wrkilla89@gmail.com

1/26, 10:19 pm

Friend:  PPN was told to stand down but the folks at the refuge are begging for more manpower.  It is my understanding that people are gearing up and going down there.

1/26, 10:20 pm

Kullman:  PPN was told to stand down AT the refuge but they maintained an outer perimeter in burns for us.  As far as people going down, more people are just talking then actually acting.  I was planning on heading back down tomorrow until I heard about Lavoy, god rest his soul, but now I need to stay and try and organize as many men as I can to go and fight.  A broken arrow message has been sent to every able bodied man that can take up arms and fight to come to Oregon.  Let me know when you’re coming down so we can set up a meet.

1/26, 10:22 pm

Kullman:  Once we leave Malheur, we will move on to other refuges that are illegally controlled by our corrupt government.  We will push and push.  I know you have a group of guys that are ready to fight.  I want in.  There is a refuge on your side of the state.  We can take it.

1/26, 10:25 pm

Friend:  I want to go down to OR but the wife is court ordered not to leave the state and I’m not going to leave her alone.

1/26, 10:26 pm

Kullman:  Absolutely not, you will not leave her!  How many guys you got going?  (roughly, please don’t give me an exact number)  I have “5” guys who are gonna gear up with me.

1/26, 10:27 pm

Friend:  I don’t have any guys going down.  We are Sheepdogs, not militia.

1/26, 10:27 pm

Kullman:  I’ll assume smaller but awesome!

The problem with the west side of the state, is it not as organized here as it is where you’re at.

I’m assuming you know that.

So it’s hard to get people together.

1/26, 10:28 pm

Friend:  We have about 2400 members in our group and that is a rough figure but like I said, we aren’t militia.  We are Sheepdogs.

1/26, 10:29 pm

Kullman:  Are you friends with Steve McLaughlin?

1/26, 10:30 pm

Friend:  Not sure, why?

1/26, 10:31 pm

Kullman:  Oh, he’s the rancher from eastern Washington and the president of Liberty Watch Washington.  He’s a good man

1/26, 10:32 pm

Kullman:  I met him at the rally in Olympia last week.  He spoke of OR and Schuyler.  He’s the rancher with problems.  I’ll join you guys when you take over the refuge on the eastern side.

1/26, 10:32 pm

Friend:  Interesting.  Schuyler never mentioned him.  We aren’t taking over anything.

1/26, 10:32 pm

Kullman:  Steve McLaughlin

He spoke of Schuyler briefly in reference to our rights being taken from us, and people being punished unjustly.  Like Schuyler.  He didn’t say he knew him personally.

1/26, 11:05 pm

Friend:  Copy that.  I will contact Steve and see what he wishes folks to do.

Is he the one that is a Reardon Police Officer?  What is his fb link?

1/26, 11:08 pm

Kullman:  No, he is retired Navy I think.

1/26, 11:17 pm

Kullman:  Just got off the phone with a person who was with the people that were arrested and he was released.  Told me what happened to everyone including Payne and Lavoy.

1/26, 11:18 pm

Friend:  How was he released?

Ammon was on the phone with Carol giving her a play by play as the whole thing unfolded.  She recorded it.  Wonder if that person who was released has the same story.

Who is this person?

1/26, 11:22 pm

Kullman:  Mark McConnell.  He drove the jeep

1/26, 11:22 pm

Friend:  What did he tell you?  Something smells off about this guy.  Why was he released?

1/26, 11:25 pm

Kullman:  He said that him and Payne and the other vehicle got pulled over.  That as soon as Payne and him were pulled out of the truck, Lavoy took off.  Crashed the truck into a snow bank and then when they Leo got to the truck, he advanced on the Leo.  Apparently telling them to shoot him, and he kept advancing so they did.

1/26, 11:25 pm

Kullman:  He said that they grilled him for about two hours and couldn’t get anything on him but trespassing because he wasn’t there when they took the refuge

Apparently him and some 18 year old girl

Got off with being in the “wrong place at the wrong time”

1/26, 11:26 pm

Friend:  That is not what Ammon was telling Carol.  The video shows LaVoy being shot in the back.

Something is off…

1/26, 11:27 pm

Kullman:  Mark wasn’t there when Lavoy was shot, he said that’s what he was told.

I don’t think mark would lie, I think mark May have been told something else.

1/26, 11:27 pm

Friend:  I agree.

1/26, 11:27 pm

Kullman:  Because I don’t believe for a second Lavoy would advance on Leo

Mark is a good man.  I think he was just fed some bullshit to try and spill the beans but he didn’t

1/26, 11:28 pm

Friend:  If Mark was driving the jeep when they got pulled over, how was he not there when Lavoy was shot and why was he released?

1/26, 11:28 pm

Kullman:  Because LaVoy sped off in the other vehicle

1/26, 11:29 pm

Friend:  I got that part.  But why was he released when he was the one driving the jeep?

1/26, 11:29 pm

Kullman:  With Ammon, Shawna, and the 18 year old

Again, I think mark was just fed some shit to try and get him to spill the beans on anything but he didn’t budge.  Now he’s stranded in burns over night with no shelter.  They won’t release his jeep for 24 hours

1/26, 11:32 pm

Friend:  I still don’t understand.  How can he be getting his jeep back?  Something’s wrong here.  Me thinks it’s a set up and whoever goes down there will either be killed or set up, too.

1/26, 11:33 pm

Kullman:  I’ll be there by their side.

Kullman:  I need to sleep.  Calm my mind down.  Stay frosty.

1/26, 11:33 pm

Friend:  Watch your six….

1/26, 11:33 pm

Kullman:  Always

1/26, 11:33 pm

Friend:  Amen

Schuyler is on lock down.  They took him to solitary.

1/26, 11:35 pm

Kullman:  What the hell for?!?!

1/26, 11:35 pm

Friend:  Don’t know.  That is all that was said.

1/26, 11:36 pm

Kullman:  This is getting outrageous

We need to get him the hell out of there, but solitary!?!?  Are you breaking him out?

1/26, 11:37 pm

Friend:  They had him in solitary the first week he was there then moved him to population.  Now he is back.  No, I’m not breaking him out.

1/26, 11:37 pm

Kullman:  Wooooooow.  That’s absurd in my opinion

1/26, 11:38 pm

Friend:  Why?  I’m not going on a suicide mission to break him out.  I know the feds are scared but…

1/26, 11:48 pm

Kullman:  They should be.

1/26, 11:52 pm

Friend:  I’m not sure what to do or think at this point.

1/26, 11:53 pm

Kullman:  With more support coming from others in the state we should be able to break him out.

1/26, 11:53 pm

Friend:  It’s a bad idea all around and I know Sky won’t want it.  He wants to take this to the Supreme Court and he can’t do that on the run doing stupid shit.

You can see how often Kullman tries to bait Friend by asking him his plans or encouraging certain activities. This is well beyond what any reasonable person would answer, especially on FB and with someone that you didn’t know. But, apparently, Kullman’s desperation to increase his worth to the FBI led him to try, desperately, to get the Friend, a real friend to Schuyler Barbeau, to talk about plans for both Schuyler’s role (which the FBI knew about from intelligence in December 2015) and what might happen in Burns. However, much of his story is contrived. Let’s look at what he claims about his knowledge, acquired from Mark McConnell, at a time that he could not even have had the opportunity to talk with McConnell.

I interviewed McConnell on January 30, just four days after the shooting. He was not aware of any shots being fired at Ryan Payne, by his own observation. Later when Payne was brought down to where McConnell was, Payne did say, after he joined McConnell, Ammon Bundy, and Brian “Booda” Cavalier, that he had been shot AT, but not hit. Therefore, McConnell knew that Payne had not been shot. He also told me that he wasn’t released until 11:00 or 11:30 pm, fully an hour after Kullman claims to have spoken with McConnell.

Now, rumor had it that “Ryan” had been shot. There was speculation as to which Ryan, and at first, I had assumed Payne. However, McConnell said that when he was being transported to the rest area where they all met and the two parties were separated, one to Portland, and McConnell and Victoria Sharp back to Burns, he knew that Ryan Bundy was in an ambulance that made a short stop at the Harney District Hospital.

The next available discussion, the following day, January 27:

1/27, 12:37 pm

Kullman:  Where is your group going to stage?  We can’t get an answer from Max Fairchild and I got my phone blowing up from guys on the west side looking for answers and need to send them somewhere.

Any information on where I can send them beside the refuge let me know.

1/27, 2:02 pm

Friend:  There are some Sheepdogs down there but I’m not going.  I’m not leaving my wife.  Have them go to the town of Burns and go to one of the Motels.  There they will find one or two Patriots with intel.  Everything else I cannot put on fb

1/27, 2:04 pm

Kullman:  Email?  Wrkilla89@gmail.com

1/27, 2:04 pm

Friend:  wickr is xxxxxxxx.  Email is not secure

1/27, 2:07 pm

Kullman:  Mine is KullmanCombat

1/27, 2:12 pm

Friend:  I wickred you.

1/27, 2:16 pm

Kullman:  Re send transmission

1/27, 2:22 pm

Friend:  Done

1/27, 3:31 pm

Friend:  No details on fb.

1/27, 3:32 pm

Kullman:  No I meant message me on wickr

Kullman persists, trying to get Friend to go to email or Wickr. Apparently, he assumes that if he can imply a greater degree of security to the communications, Friend will open up and give him what he seeks, though it really did not even exist.

It appears that Kullman has, unwittingly, given us a picture of some of the tactics of an informant.

NOTE (March 9, 2017): Though Will Kullman did not testify, he did appear as required. The decision to not have him testify was made by the Defense Counsel and defendants.  The US Attorney did confirm, to the defense attorneys, that Will Kullman was an informant for the FBI, and was paid for his services. This was confirmed on Tuesday, March 7, 2017.

 

One Comment

  1. Wayne Von Bach, Wayne: Bach, Wayne: Bachmannsays:

    I don’t know that I ever met that Kullman character, and I don’t know who “friend” would be, but I picked up instantly to his reference on McConnell before the name was revealed.
    Thanks.

    I hope you have some sort of diaries, etc. from 18 January until I left on the 24th, or even later. I am curious if there was anything being said about me, since I wanted to teach a class on Commercial Law, the use of the bonding companies, and court information about being sure not to sighn their contracts, not even Miranda Warning doc.s.

     

Burns Chronicles No 53 – Plea Withdrawal – A Privilege or a Right?

Burns Chronicles No 53
Plea Withdrawal – A Privilege or a Right?

Gary Hunt
Outpost of Freedom
January 2, 2017

On October 12, 2016, Ryan Payne submitted to the Court a Motion to Withdraw his Plea Agreement.  This was filed over two weeks before the Jury verdict (October 27, 2016), finding the defendants “Not Guilty” of the charges that included Payne in the original Indictment.

Payne pled guilty, in a Plea Agreement, on July 19, 2016.  In the hearing on the Plea Agreement, when asked how he pled, he stated, “In pursuing that effort [the occupation of the Malheur National Wildlife Refuge], I understand I — I have come to understand that folks who were — who work for the Government, that that Constitution ordained, perceived my actions as threatening or intimidating.  And, thereby, I – I understand myself to have been guilty of the charge that I’m charged with.

Clearly, he did not say that he was guilty.  He said that he understood himself “to have been guilty of the charges“.  So, we have to wonder why the equivocation that was apparent in his statement to the Court.  And, we will get to that.  However, let’s continue from where we are.

The Court (Queen Judge Anna Brown) gave her Order Denying Defendant Ryan Payne’s Motion to Withdraw Guilty Plea.  From that document, we can get some dates with regard to the timing of Payne’s plea agreement and other contributing factors.

            Standard

Judge Brown sets out the “Standard” upon which the Court is to determine if a plea should be withdrawn.  The citations she uses are all from the 9th Circuit, as they should be.

“Federal Rule of Criminal Procedure 11(d)(2)(B) provides that a defendant may withdraw a plea of guilty prior to sentencing if he “‘can show a fair and just reason for requesting the withdrawal.’” United States v. Mayweather, 634 F.3d 498, 504 (9th Cir. 2010). “The defendant has the burden of demonstrating a fair and just reason for withdrawal of a plea.” United States v. Davis, 428 F.3d 802, 805 (9th Cir. 2005). “‘Fair and just reasons for withdrawal include inadequate Rule 11 plea colloquies, newly discovered evidence, intervening circumstances, or any other reason for withdrawing the plea that did not exist when the defendant entered his plea.’” Mayweather, 634 F.3d at 504 (quoting United States v. Ortega–Ascanio, 376 F.3d 879, 883 (9th Cir. 2004)). “‘While the defendant is not permitted to withdraw his plea ‘simply on a lark,’ the ‘fair and just standard’ is generous and must be applied liberally.’” Mayweather, 634 F.3d at 504 (quoting United States v. McTiernan, 546 F.3d 1160, 1167 (9th Cir. 2008)).

You will note that the standard is based upon “fair and just”, and that the burden is on the defendant.  However, the last citation makes clear that the “‘fair and just standard’ is generous and must be liberally applied.”

As she continues, she draws from other 9th Circuit decisions:

A defendant “does not have to prove that his plea is invalid in order to establish a fair and just reason for withdrawal before sentencing.” United States v. Davis, 428 F.3d 802, 806 (9th Cir. 2005). See also Mayweather, 634 F.3d at 504. When a defendant’s reason for seeking to withdraw a guilty plea is newly-discovered evidence, “the generous ‘fair and just reason’ standard does not require that the defendant show that the new evidence exonerates him or that there is a reasonable probability he would not have been convicted had the case gone to trial.” United States v. Garcia, 401 F.3d 1008, 1011 (9th Cir. 2005). Even if newly-discovered evidence provides the basis for the withdrawal of a guilty plea, however, the defendant must still demonstrate the “evidence was relevant evidence in [the defendant’s] favor that could have at least plausibly motivated a reasonable person in [the defendant’s] position not to have pled guilty had he known about the evidence prior to pleading.”

So, the Defendant “does not have to prove that his plea is invalid in order to establish a fair and just reason for withdrawal before sentencing“, and it “does not require that the defendant show that the new evidence exonerates him or that there is a reasonable probability he would not have been convicted had the case gone to trial.”

Therefore, the Defendant does not have to prove that his plea was invalid, nor that any new evidence would exonerate him.  It doesn’t even have to suggest that the new evidence would prove his innocence.  It is based solely on the fact that evidence, whether physical or testimonial, was not available at the time that the plea was entered.

So, we must look at what the circumstances are so that we can use reason, instead of what appears to be a firm prejudice on the part of Judge Brown.

Judge Brown then goes on to identify five areas that warrant discussion, to determine if the “fair and just” standard applies.

  1. Intervening Circumstances in the District of Nevada 15

Payne pled Guilty on July 19, 2016.  He had been set to go to trial on September 7, 2016, along with the Group 1 defendants that were found Not Guilty at the conclusion of that trial.  During the hearing, the Prosecution stated that it “anticipated [Payne] would plead guilty in Nevada.”  Surely, if both the Prosecution and the Defendant anticipated it, it should also be anticipated by Judge Brown.  Is it not then an intervening circumstance?  After all, the anticipation was as much a part of the hearing as Payne’s guilty plea.

  1. Newly-Discovered Evidence 18

Payne conceded that on July 1, 2016 he had received the redacted CHS (informants) reports (1023 CHS Reporting Document).  However, Payne did not know who each of the informants was.  It was not until the trial that Mark McConnell was put out by the government, though not called to testify.  It was a voluntary action on the part of Terri Linnell that provided some exculpatory (supportive of innocence), when she testified.  And, it was diligence on the part of some of the defendants and defense attorneys that brought Fabio Minoggio (aka John Killman) to the stand that shed a completely new light to some of the events that the prosecution relied upon for their case that shifted those events to the responsibility of the government, not of the occupiers.  If the other informants had been identified, is it possible that Payne, having access to those other informants, might not have pled guilty?  It is probably just and fair that there is that likelihood.

Judge Brown “concludes [that] Payne’s personal involvement in all of the main events preceding and during the occupation of the MNWR consistently put him in a significantly superior position to the government in assessing what evidence existed to support the government’s charge and its theory of the conspiracy case against Payne.”

Now, consider this.  Judge Brown has determined that Payne is guilty, and he should have known that he was guilty.  However, let us look at what both the government had and what the occupiers had.

The initial FBI investigation began back in October 2015.  Since that time, they began collecting information, recordings, interviews, secured informants to infiltrate (spy on) the occupiers, and begin putting together the elements for a criminal complaint that was finally officially produced after the murder of LaVoy Finicum.  They had well over three months of clandestine activity, continuously compiled, as if pursuing a foreign enemy on American soil — perhaps even more so than they would that foreign enemy.  The occupiers did not keep records, make notes, refuse entry to the Refuge, with the exception of those who were clearly troublemakers, nor begin preparing for their defense, as they, and the jury, felt that the had broken no laws.

Now, Brown dwelt upon the CHS reports.  However, she did not mention the multitude of other “evidence”.  Not counting numerous audio and video recordings, there are 48,000 pages in Discovery.  Including audio and video, there are seven terabytes (A terabyte is 1,000 gigabytes) of data.  I don’t doubt that there are many hundreds of hours of audio and video evidence.  However, we will put aside all but the paperwork.

As a test, I read a number of the pages in the Discovery.  Now, I am not a slow reader, nor am I a speed-reader.  I am probably pretty much an average reader.  However, in reading the documents to determine how long it took an average reader to read them, I simply read them.  I did not stop to contemplate the content, which is often necessary to fully understand something, especially when much of it is legalese or government double-speak.  It took between 1 and 1 1/2 minutes to read a full page.  So, to err on the side of the government, we will use an estimated 1 minute to read a page of the Discovery.

If we were to read, uninterrupted, for an 8-hour day, we would be able to read an average of 480 pages per day.  To read all 48,000 pages would take 100 days, or nearly four months..  And, with any spare time, one might be able to get in a few videos or audios.

Just for the heck of it, let’s compound the problem.  Most of the Group 1 defendants were arrested on January 26, 2016.  During that time, they were kept as isolated as possible.  Those who were released from custody were admonished not to communicate with the militia, others, and co-defendants.  It wasn’t until October 5, 2016, just over one month before trial, that the Court issued an Order Allowing Contact, removing the communication restrictions that had been imposed on them from the time of their arrest.  Finally, they were able to “conspire” to prepare their common defense.

The government, on the other hand, was free to communicate with witnesses, FBI and US Attorneys, and anybody else they chose to communicate with.  The investigation, as far as informants, begins in October 2015 and continued into February 2016.  The Superseding Indictment was filed on March 8, 2016.  That gave those hundreds of federal employees nearly four months to conspire, to review, to share, etc., to come up with the final charges against all of the defendants.

So, we must ask ourselves just what is “fair and just”, regardless of the bias of Judge Anna Brown, since ultimately, this country does belong to We, the People.

  1. Adequacy of the Plea Colloquy 20

When the charges were read, the Court asked Payne if the statements that had been read were true.  The following colloquy transpired:

THE DEFENDANT: I would only bring up one contention, which I overlooked previously, and that would be the — the notion that all three — force, intimidation, and threats – were committed, given the — the word “and” there. And would say –

THE COURT: Would you be satisfied if “and” was replaced by “or”?

THE DEFENDANT: I would.

THE COURT: And does that cause any concern to the Government?

GABRIEL: No objection, your Honor.

THE COURT: Counsel, may I change “and” to “or,” as your client indicates?

[DEFENSE COUNSEL] MR. FEDERICO: Yes, your Honor, please do so.

Though this might be passed over as simply semantics, it gets to the heart of one of the elements that led Payne to plea as he did.  If “and” is used, it is inclusive of all three elements, “force”, “intimidation”, and, “threats”.  So, as was stated above, Payne “understood” that he was guilty, though this concern of the specific wording, when connect by “or” rather than “and”, means it could be only one element.  Now, if that sole element is “intimidation”, and if there was no effort to force, threat, or intimidate, by Payne’s actions, the only element that could exist, absent the intent, would be intimidation.

So, did Payne intend to “intimidate”?  Or, was the “intimidation” the subjective perception by any one of the employees, either real or contrived, that he failed to go to work because he was “intimidated” by the actions of the occupier?

To do so, let us revisit what we know of what the determination of the jury was when the delivered their verdict.  All we have to determine this was provided by Juror #4 (See Burns Chronicles No 37 – Intent v. Effect).  He said that the jury had found that though there was that “effect”, the found that there was no “intent”.  Hence, the Not Guilty verdict.  Hence, also, the reason that Payne wanted the distinction between “and” and “or” included during the hearing — which was agreed to by the Court and the Prosecution.

Once again, just what is “fair and just”?

  1. Subsequent Not-Guilty Verdicts for Co-Defendants 23

This element is simply thrown in as a handle to rationalize Judge Brown’s effort to divert from the real purpose (obfuscation) of the denial of Payne’s Plea Withdrawal.  How could this even be a consideration when Payne Moved to Withdraw His Plea fully two weeks before the matter was handed over to the Jury for their deliberations?

Now, it is quite possible that the strength (or, should I saw weakness?) of the government’s case had begun to be exposed.  However, very much of the Discovery that had been provided was not sufficient for the government to bring forth much of the “damning” evidence that was found in the first batches of Discovery.

So, what does Judge Brown have to say with regard to the verdict that is even on point to the subject at hand?  Is it “fair and just” to rely on something that could have absolutely no effect on Payne’s decision?

  1. Prejudice to the Government 27

My first thought on this subject, “Who cares that the government is subject to prejudice?”  As discussed in “Words from the Poor Losers“, the government seems to have a personal stake in the outcome of this trial.  When the verdict was given, they were “disappointed”.  Why the heck should the members of the Department of Justice be “disappointed” over a verdict?  It would seem that their pursuit, in any case, would be the goal of justice.  Our system says that the jury decides what is just (Except in Judge Anna Brown’s courtroom).  Why is the government “disappointed” in justice NOT being denied?

Now, that is slightly off point, but it still sticks in my craw to think that a personal vendetta can be waged by the government, against peaceful protestors.

However, we must also look at what sticks in Judge Brown’s craw.  She brings us some citations from other cases.

The Court notes the Ninth Circuit has held the acquittal ofco-defendants of the same conspiracy charge is a reason that adistrict courtmayconsider in determining whether to permit adefendant to withdraw a guilty plea to that charge. (UnitedStates v.Schwartz, 785 F.2d 673, 678(9th Cir. 1986)).

Well, that makes it pretty clear — that the acquittal of the co-defendants is a reason to be considered “in determining whether to permit a defendant to withdraw a guilty plea.”  But, heck, that’s not good enough for Anna Brown.  Instead of sticking with the precedence of the Ninth Circuit, she desperately clings to a means of dismissing the Ninth Circuit precedence, in favor of the 2nd and 6th Circuits.

The Second Circuit concluded that requiring a court to permit a defendant to withdraw his guilty plea in such circumstances “would allow defendants such as O’Hara to have it both ways” (United States v. O’Hara, 960 F.2d 11, 14-15 (2d Cir. 1992)).

But, wait, Payne moved to withdraw his plea during the trial.  By so doing, if his motion had been granted, he would have to stand trial with Group 2.  He would have no choice, and, as we have seen, the government has, in their desperation to circumvent justice, added some misdemeanor charges, in the hope of being able to get a conviction of some of the defendants in Group 2.  Not quite “both ways”, after all, is it?  This would create no prejudice on the government.  Surely, after over a year, they have their cases against Payne all worked up.  They just take what they can from the Group 1 trial, add some tidbits that are specific to Payne, and proceed.

So, what could be the cause for denial?  Could it be that the scorecard looks really bad for this very expensive “pursuit of justice” and they want to keep as many “guilty pleas” as possible on the scorecard?  So, it begins to look like the “fair and just” aspect is in favor of the prosecution, where it is intended to apply to the defendant.

Then, she briefly refers to United States v. Giorgio, 802 F.3d 845, 848-50 (6th Cir. 2015), stating only that in that case, “denial of motion to withdraw guilty plea despite acquittal of co-conspirators.”  She doesn’t even provide any insight as to why it was denied.  We have no idea if there was an equivocation on the part of that defendant, nor do we have any idea of any of the circumstances that led the 6th Circuit to rule as they did.

I believe that we can all look at what has happened over the past year, both in the courtroom and out, and see that the “fair and just” concept is absent any real merit, unless it is applied to the fairness and justness of the edict from the bench.  And, we know that it has not been applied as was honestly intended.

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

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 dollarsthe 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.

.

Now, with regard to “public confidence“, we need to look no further than what Judge Anna Brown has provided for in her “Order Following January 20, 2017, Status Hearing“.  The pertinent text is as follows:

TRIAL BY JURY ON MISDEMEANOR COUNTS

The Court concludes each of the misdemeanor counts in the Misdemeanor Information (#1628) are Class B misdemeanors and, therefore, are petty offenses on which Defendants do not have a right to a trial by jury as to those counts. Pending further order, the Court will conduct the trial on the Class B misdemeanor counts at the same time as the trial on the felony counts in the Superseding Indictment(#282), that is set to begin February 14, 2017.

The Court, nonetheless, will consider the parties arguments regarding whether the Court has the authority to provide Defendants with a jury trial on those counts and, if so, whether it should do so. Accordingly, the Court directs the parties to file no later than Noon, January 25, 2017, a single, joint status report that sets out (1) the parties’ arguments as to the Court’s authority to provide Defendants with a trial by jury on Class B misdemeanor counts; (2) if so, parties’ arguments regarding whether the Court should exercise its discretion to provide Defendants with a trial by jury on the Class B misdemeanor counts; and (3) the parties’ recommendations as to trial procedure in the event that the Court determines it will conduct a bench trial as to the Class B misdemeanor counts.

From past history, all that Judge Brown is looking for is the Prosecution to come up with some words that she can include in here Order to “proclaim” that the Constitution is null and void, and that the criminal charges of trespass are not really criminal, and that those who Framed the Constitution didn’t really mean “criminal” when they said “criminal prosecutions“.

Is it at all possible that she honestly believes that the misdemeanor charges are, somehow, civil?  That strains credulity, at best.  But, if the charges are civil, then the defendants still have a right to a jury.

Since the Judge seems to think that it is not “criminal”, since they are Class B Misdemeanors, let’s see what the Prosecutor thinks.  At the end of “Misdemeanor Information” (linked above), we find:

Upon conviction of the offenses set forth in Counts 1 through 7 of this Information, defendants JASON PATRICK, DUANE LEO EHMER, DYLAN ANDERSON, SEAN ANDERSON, SANDRA LYNN ANDERSON, DARRYL WILLIAM THORN, and JAKE RYAN shall forfeit to the United States pursuant to Title 18, United States Code, Section 924(d) and Title 28, United States Code, Section 2461(c) any firearms and ammunition involved in or used in the willful commission of the offense.

All pursuant to Title 18, United States Code, Section 924( d) as incorporated by Title 28, United States Code, Section 2461 ( c ).

The U. S. Code is broken into “Titles”.  You will note that they want firearms to be “forfeit to the United States pursuant to Title 18, United States Code“.  It continues on to say, “All pursuant to Title 18, United States Code, Section 924(d)“.  Well, heck, according to the law books, Title 18 is titled “Crimes and Criminal Procedures“.  So, they are going to make them forfeit any firearms, by using Criminal Statutes, but the crime that they did not commit is not criminal.  Darn, that is enough to boggle the mind.

NOTE:  Even before I got this far in writing this article, I had visions of Alice in Wonderland.  And, yes, it did include the Queen of Hearts, acting as Judge Brown, and saying “Off with their heads.”!

Now, the Information does cite the “Code of Federal Regulations” (C.F.R.) as the authority, or, well, the “law” that has been violated.  But, the C.F.R. is often only of rules promulgated by administrative agencies, and not laws.  Congress enabled rule-making, though they have no constitutional authority to delegate that authority, as the Constitution describes them as holding, “All legislative Powers“.  However, they have also created a Fourth Branch of Government, which is explained in greater detail, in “Administrative Agencies – The Fourth Branch of Government“.  Perhaps, since they are rules promulgated by administrative agencies, they really are not criminal.  However, if that were the case, we can clearly see that the government that was created by the Constitution no longer abides by the Constitution.

This warrants a final thought, from a North Carolina Supreme Court decision, given prior to the culmination of the Constitutional Convention:

“But that it was clear that no act they could pass could by any means repeal or alter the constitution, because if they could do this, they would at the same instant of time destroy their own existence as a legislature and dissolve the government thereby established.”

Bayard v. Singleton [1 N.C. 42] 1787

 

8 Comments

  1. Sherry Briggs says:

    Wow very informative, I just learned alot from this article about our Constitutional rights, laws and judiciary confines of the Constitution.
    Thank you!!

  2. […] Does the constitution really mean what it says? This article is reposted from Outpost of Freedom. […]

  3. It seems to me that the prior case, not guilty, and the trespass charge arose from the same action, pray tell why this is not also Article 5- being charged for the same crime act a second time, just because the government failed to make all charges the on the first trial they should not be permitted TRY, TRY, TRY until a desired verdict is handed down. I look forward to your answer as I’m sure there are other misled fools as myself. Thank you for your thoughts and advice Art

    • ghuntghunt says:

      Those that have already been tried will not be retried. The first group, found not guilty, was the leadership. So, we have a very pissed off bunch of government curmudgeon that simply can’t stand to lose. They think that they can do no wrong.
      As a friend said, in a book he wrote, we have gone from an adversarial system in an inquisitorial system. In the inquisitorial system, they idea is to get you to confess, by any means. However, our current system likes to keep the charade going, so if you don’t plea, they want a jury controlled by them to find you guilty. That keeps their hands clean.
      Since the failed, with the really bad dues (leaders), they are desperate to prove that their efforts have not been in vain, which can be demonstrated if they can find even one person guilty.
      However, since the first round went so badly, and they can’t really go back to the Grand Jury, they contrive an “information” and bring misdemeanors charges added on to the same felony charges.
      Now, you suggest that this might be double-jeopardy. Well, that concept that was held dear by the Founders has, also, gone astray. Now, it is a sort of “catch them if you can”, so, the stack the charges. I wrote about this is “The Legal Shotgun” (http://outpost-of-freedom.com/blog/?p=1689). But that applied to the original Indictment, where there are numerous counts for variations of the same crime, often quite slight or by two or more provisions of the same statute.
      The first trial, however, defied the statistical odds with not guilty on all counts. So, the have found a new level by first, charging them with a misdemeanor, then wanting to guarantee a conviction by assuring that the controlled jury cannot even save them from conviction, because the judge gets to do it, still perpetrating the charade.

  4. Excellent article.
    I also noticed that taking their guns would, amongst other things, would cost them more than twenty dollars,,,

  5. […] a previous article, “To Jury, or, Not To Jury“, the Sixth and Seventh Amendments were discussed.  Now, let’s go to the top, the […]

  6. […] the arguments were presented.  With total disregard for the Constitution, as explained in “To Jury, or, Not To Jury“, she used her “discretion” to hold the trials at the same time, in front of the […]

  7. […] judge who presided over the bench trial.  This somewhat irregular practice was discussed in “Burns Chronicles No 54 – To Jury, or, Not To Jury” and decided outside of the Rules of Court.  After a few days of deliberation, she found all […]

    Burns Chronicles No 55 – Marshall Spring & Ben

    Burns Chronicles No 55
    Marshall Spring & Ben

     

    Gary Hunt
    Outpost of Freedom
    January 23, 2017

    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.

    .

    January 13, 2016

    On the afternoon of 1/13/2016, Bruce Doucette met with Ammon Bundy, Ryan Payne and Jon LNU. Jon LNU is a former marine that drives a silver F-150 with a “rogue infidel” bumper sticker. The purpose of the meeting was for Doucette and the other three individuals to see if they were all on the same page regarding the refuge stand off. At the conclusion of the meeting, Doucette and his bodyguards were invited to move onto the refuge. Doucette’s group returned to their hotel and started packing their gear.

    While he is in town, Doucette attempts to engage local residents and persuade them that what the individuals occupying the refuge are doing is just. Doucette had some success in this regard.

    The individuals occupying the refuge appear to have plenty of provisions and are in good spirits. The group has no intention of leaving the refuge until the Hammonds are released and ownership of the refuge is turned over from the Federal Government.

    The occupation leadership’s plan moving forward is to try and duplicate the occupation at another federal facility in another county. The Payne is in contact with a local Sheriff in another county that is friendly to their cause. This county would be the likely location of the next facility. Payne will be meeting with the friendly Sheriff again in the near future.

    Doucette is going to provide Payne with copies of some of the legal process he created in the past. Payne will review these documents and determine if Doucette methodology meets with his approval. (Please note: Doucette’s legal process is all fictitious).

    Yes, even though Spring appears to be a follower of Doucette, that comment was included in the report. This is suggestive of the fact that Doucette is Spring’s assigned target, and that the Refuge incident is simply a target of opportunity.

    January 15, 2016

    Reporting from [redacted] on 1/14/2016 at 1:30 PCT

    The meeting being held by the Pacific Patriot Network on Friday, 1/15/16 will be attended by Bruce Doucette, and Joe O’Shaughnessy.

    Bruce Doucette’s invitation to Grant County was allegedly made by the town’s people.

    The occupants of the refuge are considering targets in Grant County and Mahler County for their next occupations. The number of people at the refuge is approximately 10 Women and 30 men 24 hours a day

    Bruce Doucette occupies a small house called the Coyote Hollow Volunteer Building on the south side centrally located, to the west of the chow call.

    Reporting from [redacted] on 1/14/2016 at 8:15 PCT

    Some of the occupants of the refuge attended a meeting in town tonight at a private residence with members of the public. The general consensus of the public at the conclusion of the meeting was favorable of the militia groups. The refuge occupants left the meeting in a hurry because there was a report of three white SUV’s approaching the refuge.

    Occupants of the refuge are reinforcing the town with four foot land fence posts. They are also reinforcing the gate with fire trucks, fire hose and calops.

    So, we can see the detail of the goings on at the Refuge as well as some tactical information. One word, if spelled correctly in the report, is “calops”.  If anybody has an idea what “calops” means, that information would be appreciated.

    Red-haired “Ben” has evaded identification, though, hopefully, someone can help to fill in these gaps. Apparently, Ben and Spring have tried to start a business that utilizes waste from medical marijuana processing to develop a going business.

    These are probably Ben’s CHS #8 reports

    January 14, 2016 – Ben

    The CHS advised that Ryan Payne was out well into the morning of 1/14/2016 attempting to locate pole cameras on the roads near the refuge. Payne still planned to destroy the cameras, but the prior sense of urgency is not present. It was unclear of who would actually destroy the equipment, and further speculated that Payne would likely ask someone else to conduct the act to avoid any illegal activity on his part.

    Payne and Ammon Bundy (Ammon) seemed to have bonded on a spiritual level. They both claim to be had visions from a higher power to support their actions in this matter and feel their current actions are based on direction from God. The fact that Ammon is Mormon and Payne is a Jewish Kabalist seems to have no ill effect on their relationship. Payne and Ammon appear to be interchangeable in the role of leaders of the others involved in the standoff. Payne and Ammon seem to complement each other in their dealings with those involved under them. Payne espoused a religious type view of the current event and their participation as being just the thoughts in the mind of a higher power. Given the fact that Payne and Ammon feel they are acting in the will of God, they seem to not be concerned if they live or die in this matter. The CHS speculated that if Payne and Ammon were removed, the group would fold due to a lack of leadership. Jon Rizheimer is not the type of leadership material to be able to control the group in the event Payne and Ammon were removed.

    The current standoff has been planned by Amon and Payne since late November of 2015. They were not aware of the Hammond conflict but planned for the takeover and standoff for the next event that satisfied their agenda. Ammon stated that the ideal number of personnel within the refuge was 75. The group expects the number within the facility to expand to 75 over the weekend of 1/16/2016. There is general talk of taking over a second location north of Burns, Oregon near Grant County or northern Malheur County. No specific plan for a location has been announced, nor has any time frame been provided. Speculation within the refuge was that if they were to take over a second facility that would happen over the weekend.

    Ammon further told the group that he planned to hold the standoff until the Spring comes so he can have the group provide security for his transfer of the family cattle into the Bureau of Land Management (BLM) range. Ammon is afraid the BLM will take the cattle if militia security is not present.

    There does not appear to be any intention of or attempts to provide disinformation to the members within the compound or the outside world on the part of Payne or Ammon. All of the information appears to be somewhat compartmentalized for dissemination to the members within the refuge.

    The members of the group had a strong negative reaction to having been denied access to the fairground for an event that had been scheduled for 1/15/2016.

    The CHS was not aware of any overt cache of weapons, but had not seen all areas of the facility to date. The food pantry is located near the back gate in the fire bunkhouse. That location is also where the majority of the members are sleeping. Payne, Ritzheimer and others are bunking in the building furthest away from the hill. Ammon sleeps in the office.

    Meals are served military style at 7:00 am, noon and 7:00 pm. They are cooked by 5-6 women and are typical meals rather than dehydrated or field type rations. There is no shortage of food. Requests for food are routinely dropped off. Donations are being provided by those coming into the facility and from unidentified individuals from the outside. It is unclear how much actual cash is on hand but Ammon seems to control it and have no shortage.

    January 15, 2016

    The CHS was aware of meeting that took place on the evening of 1/14/2016 at a residence near the refuge. The home was located nearest to the intersection of highways 78 and 205. The meeting was attended by several local ranchers, Bruce Doucette and Jon Ritzheimer. Ryan Payne and Ammon Bundy were not present for the meeting. The local ranchers, Doucette and Ritzheimer spoke to the group. The ranchers expressed anger that the fairground had been denied for their use from their standpoint of being members of Harney County. They felt the issue at hand was being filtered by the media and the government and wanted to get the sides out to the public straight from the sources. The ranchers were encouraged by the militia to cut the locks and access the facility. The second alternative for today’s meeting was to invite all of Harney County onto the refuge for the meeting. The firehouse was being cleaned out for the meeting place on the refuge.

    Payne has expressed that he feels the local ranchers are in support of the occupation and the militia because they may have access to a “land grab” if the federal government concedes and gives the land back to the state. He (Payne) believes the ranchers are supportive of the occupation for purely personal gain.

    Ammon has requested transport back to his residence near Boise, Idaho. The plan is to depart the Burns area at approximately 12:30 pm local. There are reported to be three vehicles carrying Ammon and others, including 3% members for Ammon’s security. Ammon planned to handle family matters and potentially return to Burns on Sunday or Monday. The travel for Ammon was delayed until approximately 3:30 pm.

    At approximately 1:55 pm, the CHS advised that a group was gearing up to go and destroy what they thought was a pole camera outside of the refuge.

    That concludes what are probably Ben’s reports, since they both left the Refuge on either Friday, January 15, or Saturday, January 16, 2016. However, they were to return shortly after LaVoy Finicum was murdered on the side of Highway 395.

    Bruce Doucette, being concerned for the safety of the “grand jurors”, contacted Marshal Spring and arranged for him to go back to Oregon to provide protection for the “grand jurors”. He gave Spring $5,000.00 cash to cover the expense of that task.

    Spring decided to include Darryl Thorn among those he would “protect”. He arranged for Thorn to stay in room 203, at the Super Eight Motel in Redmond, Oregon. Spring paid the motel bill, gave Thorn gift meal cards for a restaurant, and some cash. This kept Thorn away from his home, and in a place much safer for the FBI to make an arrest.

    February 10, FBI confirmed with desk clerk that Thorn was, in fact, still staying at the Motel.

    [Note: correction made to the arrest incident, January 24, 2017.] On February 12, a number of officers entered the hallway on both sides of room 203, knocked on the door, and arrested Darryl Thorn based upon the Superseding Indictment.

    On February 12, two “suits” were sitting in the lobby, facing the hallway to the rooms.  As Thorn walked into the hallway to get some coffee at the breakfast bar, the two “suits” went to the hallway, one covering each direction to the side exits. Then, a swarm of officers, later admitting they were “Portland SWAT”, dressed in civilian clothes with body armor, approached Thorn. One of the officers, in reaching to subdue Thorn, hit his arm, throwing coffee into Thorn’s face.  Thon was then subdued, placed under arrest, and turned over to the FBI.

    That day, February 12, 2016, was a clean sweep for the FBI. Jeff Banta, David Fry, Sean Anderson, Sandy Anderson, Geoffery Stanek, and Darryl Thorn were all arrested and then  transported to Portland.

    In an interview with Darryl Thorn, only Spring and Ben knew exactly where Thorn was staying. Well, and the FBI.

    In an effort to contact Spring, I found that his phone had been “changed, disconnected, or no longer in service”. This is indicative of the expected reaction after Doucette confronted Spring.

    8 Comments

    1. L.E. says:

      Calops = collapsible ladder, referenced among fire fighters

    2. Lynette Warren says:

      Do you know, for certain, that Doucette confronted Spring?

      • ghuntghunt says:

        I have Doucette’s word. However, they were supposed to have a subsequent meeting, but Spring could not be contacted. Another defendant tried to contact Spring two days after the ‘confrontation’, but the phone was as I found it. My attempt to contact was made two days after that. The defendant had been in touch until after the ‘confrontation’.
        So, everything seems to support that Spring knew he had been outed.

    3. Bill Goode says:

      Very admirable that by continuing your series on Malheur Refuge informants, you throw Anna Brown & Billy Williams’ case against you back at them.

    4. G says:

      Perhaps caltrop. A caltrop is an antipersonnel weapon made up of two or more sharp nails or spines arranged in such a manner that one of them always points upward from a stable base. (From Wikipedia)

    5. Debra Cochransays:

      Go get em’ Gary! Front every one of these traitors to the American people out!

       

    Burns Chronicles No 56 – Is a Misdemeanor a Crime? or, Is the Court a Crime?

    Burns Chronicles No 56
    Is a Misdemeanor a Crime? or, Is the Court a Crime?

    Gary Hunt
    Outpost of Freedom
    January 29, 2017

    Perhaps we should start with Article VI, clause 2, of the Constitution of the United States of America:

    This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

    Now, that is easy to follow and understand.  First, “This Constitution“, and, next, “the Laws of the United States which shall be made in Pursuance thereof“, “shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby.”

    Article V of the Constitution states that when an Amendment is ratified, it “shall be valid to all Intents and Purposes, as Part of this Constitution.”  “Shall” is mandatory.  It is imposed, without recourse, and must be obeyed.  The requirement that any “Laws… which shall be made in Pursuance thereof” precludes any enactment, statute, or rule, to be in violation of the intent of the Constitution and the Laws made Pursuant to it

    In a previous article, “To Jury, or, Not To Jury“, the Sixth and Seventh Amendments were discussed.  Now, let’s go to the top, the Constitution itself, and see what it says.  This led to the more descriptive wording in the Sixth and Seventh Amendments.  This case has to do with misdemeanor charges of trespass, tampering with vehicles or equipment and destruction of property.  This is the Article that established the Judicial Branch, Article III, § 2, clause three:

    The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury…

    The subsequent Amendments set no limit on criminal charges and a minimum of twenty dollars in civil actions, each requiring a jury trial.  The Amendments made clear, without ambiguity, that any case tried in a court of the United States must fall within those two described areas.  There are noexceptions.

    However, this Court, appearing to be inquisitorial rather than just, has opted to circumvent those limitations imposed upon judiciary, by the very document that created the judiciary.  It has put in place, by two methods, a means of deception, whereby the Court can circumvent the Law of the Land.  Chicanery, defined as “deception or trickery, especially by the clever manipulation of language”, is certainly involved in this current circumvention and “inquisition”.

    First, chicanery is often used in the “case law method”, where higher court decisions are based upon previous decisions, not necessarily in accordance with the Constitution.  This method began being applied in 1872, shortly after the Civil War.  Harvard University set forth the “method”.  It has since become what appears to be the primary foundation for decisions, most often, without regard to the Constitution.

    .

    We can see from two paragraphs in Judge Brown’s (pictured above) “Order Setting Bench Trial on Class B Misdemeanor Counts in Conjunction With Jury Trial of Felony Counts“.  In ruling against the Defense’s objection to the bench trial (without jury) on the newly added misdemeanor charges, she states:

    On the other hand, the Court also finds unpersuasive the out-of-district authorities on which Defendants rely. In particular, the Court finds United States v. Greenpeace, Inc., 314 F. Supp. 2d 1252 (S.D. Fla. 2004), to be unpersuasive because it did not adequately account for Congress’s knowledge that no right to a jury trial attached to a petty offense or the failure of Congress expressly to grant the federal courts with discretion to nonetheless provide a trial by jury. Similarly, the remainder of Defendants’ primary authorities are of limited value because they arise from a period of time when the state of the law regarding a right to jury trial was very different from current caselaw.

    The Court finds the significant uncertainty in the law regarding whether it has discretion to provide a jury trial where no right thereto otherwise exists is itself a compelling reason why the Court should not choose to provide a trial by jury on the Class B misdemeanor counts in this case. Simply put, the Court declines to exercise discretion to take an action when it is not at all clear that the Court has such discretion in the first place.

    Breaking this down, in discussing Greenpeace, she writes that the Second District Court of Florida “did not adequately account for Congress’s knowledge that no right to jury trial attached to a petty offense“.  So, the Court did not know that Congress knows that no right to a jury trial is allowed in a “petty offense”.  Congress’ knowledge seems to have been taken, by Judge Brown, as some sort of law.  Then, she suggests that Congress failed “expressly to grant the federal courts with discretion to nonetheless provide a trial by jury.”  Is it possible that there exists another language containing the same words, though with different meanings?  This presumption that a “petty offense” is not a crime simply astounds me.

    Second, and this is where the rubber really meets the road, she says, “Defendants’ primary authorities are of limited value because they arise from a period of time when the state of the law regarding a right to jury trial was very different from current caselaw.”  What?  They arise from a different time?  We must be back under British rule.  But, then, there are the magic words, “case law”.  Not in the Constitution…  Not in the Amendments to the Constitution…  Not in laws made pursuant to the Constitution…  Rather, by judge’s decisions, and their decisions are in VIOLATION of the Constitution.  It is also suggestive that “current case law” can change, at the whim of whichever judge is making a decision.

    If it is within the purview of the Judicial Branch of government, then it may interpret the Constitution.  However, nothing provides it any authority to legislate, which is the sole prerogative of the Congress.  The Judicial Branch is attempting to pervert the Constitution, and in so doing, pervert the court.

    Next, Judge Brown moves on to whether her discretion allows her to determine if the case must be heard by a magistrate, or if she can hear the misdemeanor charges, instead of a magistrate.  Additionally she addresses whether she has the discretion to decide if the defendants have the right to a jury trial.  In so doing, she states:

    The Court finds the significant uncertainty in the law regarding whether it has discretion to provide a jury trial where no right thereto otherwise exists is itself a compelling reason why the Court should not choose to provide a trial by jury on the Class B misdemeanor counts in this case. Simply put, the Court declines to exercise discretion to take an action when it is not at all clear that the Court has such discretion in the first place.

    Nevertheless, even if the Court had such discretion in this case, the Court would decline to exercise that discretion. The Court notes Congress explicitly intended the trial of petty offenses to be tried to the court, and expressly permitted magistrate judges to conduct such trials in order to facilitate their efficient resolution without the process associated with a jury trialSee 28 U.S. C. §§ 636 (a) (3), 3401 (b). In light of the fact that there are eight parties who will present argument and evidence on the Class B misdemeanor counts, the Court concludes the most efficient method of trying the misdemeanor counts is to conduct a trial to the Court.

    What did she say?

    Judge Brown cites two statutes, 28 US Code §§ 636 (a) and 3401 (b).  Adding to her discredit, there is no 28 US Code 3401, with or without the “(b)”.  However, that problem will be resolved, shortly.

    First, however, let’s look at 28 US Code § 636(a):

    (a) Each United States magistrate judge serving under this chapter shall have within the district in which sessions are held by the court that appointed the magistrate judge, at other places where that court may function, and elsewhere as authorized by law –

    (1) all powers and duties conferred or imposed upon United States commissioners by law or by the Rules of Criminal Procedure for the United States District Courts;

    (2) the power to administer oaths and affirmations, issue orders pursuant to section 3142 of title 18 concerning release or detention of persons pending trial, and take acknowledgements, affidavits, and depositions;

    (3) the power to conduct trials under section 3401, title 18, United States Code, in conformity with and subject to the limitations of that section;

    (4) the power to enter a sentence for a petty offense; and

    (5) the power to enter a sentence for a class A misdemeanor in a case in which the parties have consented.

    Those are the powers and duties of a magistrate (judge, commissioner, etc.).  You will note that reference is made to 18 US Code § 3142 and 18 US Code §3401(b).  As discussed in the previous article, 18 US Code is titled “Crimes and Criminal Procedures“.  So, once again, we have the word expressed, without equivocation, in the Constitution, “crime”.  In this instance, we see that a magistrate is limited in what he can rule upon, entering “a sentence for a petty crime“.  Of significance to this case, firearms are an element that will be presented in both felony and misdemeanor portions of the trial.  Is it possible that Judge Brown intends to apply a firearms enhancement to her verdict, which a magistrate would not be able to do?

    By sleight of hand, or typing fingers, the Order states, “28 US Code §§ 636 (a) and 3401 (b).”  However, 28 US Code § 636(a) does tell us that the “3401(b)” is actually in Title 18, and 636 does not limit 3401 solely to paragraph (b).

    Here is:

    18 U.S.C. § 3401(b)

    (b) Any person charged with a misdemeanor, other than a petty offense may elect, however, to be tried before a district judge for the district in which the offense was committed.  The magistrate judge shall carefully explain to the defendant that he has a right to trial, judgment, and sentencing by a district judge and that he may have a right to trial by jury before a district judge or magistrate judge.  The magistrate judge may not proceed to try the case unless the defendant, after such explanation, expressly consents to be tried before the magistrate judge and expressly and specifically waives trial, judgment, and sentencing by a district judge.  Any such consent and waiver shall be made in writing or orally on the record.

    Within all of § 3401, there is no authority for a magistrate to apply any enhancements.  However, District Judge Anna J. Brown sat in an appeal of a magistrate’s imposition of restitution on a “petty offense” (United States v. Stanfill El).  She ruled that the restitution could be applied, even though the amount $3,468.03 was in excess of the constitutionally minimum $20.  The Ninth Circuit upheld her ruling.  I have to wonder if she believes that she can impose criminal penalties on a “petty offense”.  In fact, we all need to wonder about whether the federal judicial system has become the tool of tyranny and inquisition.

     

     

    3 Comments

    1. Kerry Easton says:

      Keep up the good work Gary. It shows that they are talking in circles to confuse the true Law. This country has been lost because of the corruption in all things. Not just the government but the private corporations as well. I think to many people have gone back to sleep because of the election. President Trump has his own fight in DC and may not live to change the things he promised. The civil war will still happen, it will just happen at a later date than expected. It will also destroy this once Great Experiment.

    2. Charles B Vance says:

      Interesting analysis. Shows how the “district” can conjure up any interpretation of law desired from whole cloth as needed to promote whatever agenda is desired. Currently the district is set on showing these ruffians, The Bundy Gang, that the supreme law of this New World Order will not be flouted. I commend you for peeling back the layers of judicial nonsense and gibberish.

    3. […] test of constitutionality.  Instead, it is based upon other cases.  I just completed an article (Is a Misdemeanor a Crime? or, Is the Court a Crime?) that addresses “substantive law” and the “case law method”; the latter, […]

       

    Burns Chronicles No 57 – Collusion or Conspiracy?

    Burns Chronicles No 57
    Collusion or Conspiracy?

    Gary Hunt
    Outpost of Freedom
    February 4, 2017

    On October 27, 2016, shortly after the very just verdict of “Not Guilty” was announced in the Ammon Bundy, et al, Group 1 trial, a meeting was held in the Mark O. Hatfield Federal District Courthouse.  The 12 jurors, Judge Anna Brown, and a court reporter, attended the meeting.  It lasted about one and a half hours.

    It is my understanding that such a meeting is not unusual.  However, circumstances surrounding this particular meeting are, to say the least, quite unusual, considering context.  That is exactly what we are going to do.

    The first irregularity occurred when the Prosecutor moved to have the trial declared “complex”, which allowed the Court to circumvent the right to a speedy trial and to break the defendants up into two groups.  The first Group (mostly leaders) was tried in September and October 2016, and the second Group to be tried beginning in February 2017.  While the delayed trial date was agreeable, as the Defendants needed the additional time to prepare their defense, one drawback is that many of the Defendants were held in custody until the verdict was reached, in the first trial.  The latter trial date made the government’s case easier, as they had smaller groups to try, and it gave time to elicit plea bargains, thereby reducing the number who would be prosecuted at trial.

    Next, during the pre-trial “paper chase”, with hundreds of motions filed, answered, and finally ruled on, there is no doubt that bias existed on the part of Judge Anna Brown.  Behind the scenes, many of us followed this legal maneuvering for months.  It seemed that even when the arguments presented by the defense were well supported, Judge Brown would still rule against the defense and in favor the Prosecution.

    During the trial, there were rather strict rules imposed on the defense, especially when they sought to call additional witnesses to testify.  Judge Brown ruled that to allow that would be “repetitive”.  However, the prosecution showed a 1-minute video of approximately twenty of the occupiers firing across a canal.  The fact that the Prosecution showed that footage four times, however, was not considered “repetitive”.

    Finally, and here we get to the meeting, Judge Brown called all of the participating jurors into the meeting, after dismissing the alternate jurors.  In that meeting, she explained that she would answer their questions, if they had any.  She also asks some questions, and explained that the answers would help the prosecution and the defense.  So, just how could it help the defense?  The Defense prevailed.  It could only help the Prosecution gain insight into the jurors’ minds in order to determine what they would need to overcome to obtain guilty verdicts in the Group 2 trial.

    Some jurors indicated that had the charges been less serious, like simple “misdemeanor trespass”, it would have been much easier to render a guilty verdict.

    Let me interrupt, for a moment, and point out that the Judge holds office under Article III (Judicial Branch of Government), and is, in essence, an impartial referee.  Her job is to “administer law in a court of justice”, “to control the proceedings”, and to make “decisions of questions of law or discretion”.  Her job is not to favor one side over the other, but rather to stand aside, interjecting only to the extent necessary to assure a fair trial.

    .

    There is no doubt that Judge Brown, confounded by the not guilty verdict, passed the insight she obtained from the meeting with the jurors to the Prosecution.  The Prosecution, after waiting a few months, charged some of the remaining defendants with several misdemeanor charges, though all seven defendants were charged with “misdemeanor trespass”.

    Remember, the jurors said that they might have convicted if the charges were to lesser offenses.  So, the likelihood of getting a conviction, no matter how small the charges, would be a sort of redemption for the dismal failure in the first trial.  After all, the government has spent, according to some with access to such information, over one-hundred million dollars on the persecution, with nothing to show for it.  So, Judge Brown adds these new misdemeanor charges to the trial docket.

    Concerned that even though the first jury might have found them guilty on lesser charges, Judge Brown, in a rather patronizing manner, asks both sides to present arguments as to whether the misdemeanor charges should be heard by the jury or treated as a bench trial, where the Judge would rule on innocence, guilt, and punishment.  Of course, we knew what her decision would be, even before the arguments were presented.  With total disregard for the Constitution, as explained in “To Jury, or, Not To Jury“, she used her “discretion” to hold the trials at the same time, in front of the jury.  When the jury goes to deliberate the felony charges, she will continue with the bench trial, and find them guilty as charged and will withhold any sentencing until after the jury verdict has been rendered.

    Now, there are three parties in a trial.  There is the Judge, a member of the Judicial Branch of government.  Then, there is the US Attorney, a member of the Executive Branch of the government, and, finally, the defendants, members of the “We the People” Branch of the government.

    Judge Brown, the supposed neutral party, has already crossed the line that is to separate the Branches of government, in our tripartite system of government.  And, that is an illegal act, defined as collusion.

    collusion

    An agreement between two or more persons to defraud a person of his rights by the forms of law, or an object forbidden by law.  It implies the existence of fraud of some kind, the employment of fraudulent means, or of lawful means for the accomplishment of an unlawful purpose.  A secret combination, conspiracy, or concert of actions between two or more persons for fraudulent or deceitful purposes.

    Black’s Law Dictionary – Fifth Edition

    Under this circumstance, the collusion between the two separate branches of government, to defraud the defendants of their rights, we can find a more apt descriptor for what has transpired throughout, though even more so, in these waning days of the legal battle between government and the occupiers.  Since both parties to the collusion are officials of government, the higher descriptor of conspiracy (Yes, that same charge brought against the defendants) is far more appropriate.

    [T]hough individual oppression may now and then proceed from the courts of justice, the general liberty of the people can never be endangered from that quarterI mean so long as the judiciary remains truly distinct from both the legislature and the Executive.  For I agree, that there is no liberty, if the power of judging be not separated from the legislative and executive powers.

    Alexander Hamilton – Federalist Papers #78

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

    Epilog

    As this article was being written, the Prosecution offered four of the seven remaining defendants a plea deal that they chose not to refuse. They will be found guilty of “misdemeanor trespass”, sentenced to time served, given one year of “bench probation” (meaning no reporting, etc., simply stay out of trouble), and will not lose their right to bear arms. The only stickler is that “restitution” will be determined at a later date.

    So, the government did get some of the defendants guilty of “misdemeanor trespass”, perhaps assuming that the charges of “misdemeanor trespass” will flow more easily from the lips of Judge Brown, when she will surely convict the remaining defendants of the same “misdemeanor trespass” charges.

     

    4 Comments

    1. […] I would like to refer the reader to an article that appeared in the “Burns Chronicles” series.  To understand what was written about some of the recent shenanigans in the Group 2 trial, currently underway, which parallel this current discussion.  Read Burns Chronicles No 57 Collusion or Conspiracy? […]

    2. […] That very aspect, the “separation of powers“, was the subject of a previous article, “Burns Chronicles No 57 Collusion or Conspiracy?” […]

    3.  

    The Cause – What To Do?

    The Cause – What To Do?

    Gary Hunt
    Outpost of Freedom
    June 12, 2017

    I have been writing about the Bundy Affair since April 12, 2014 and the Burns Chronicles since February 2, 2016.  Both evolved out of a common grievance, Public Lands, and the rights that are inherent in them.  There are other commonalities, such as some of the players involved in both events and the fact that both had left behind the concept of Civil Disobedience and had entered the realm of Civil Defiance.  Those players, unlike most other patriots, had moved along “The Other (not so) Thin Line” to a point where their actions were intended to speak louder than their words.

    The first event, in Nevada, the Bundy Affair, was an evolution from an event back in 1993 when Cliven Bundy, supported by hundreds of patriots who went to his ranch to side with him, defied the federal government and first stood for his right to continue both grazing and water permits necessary to continue his ranching business.  Cliven Bundy’s right to his historical use of the public lands culminated on April 12, 2014, or so we thought, in the “Unrustling” of the cattle that had been rustled by agents of the Bureau of Land Management (BLM).

    In 2015, in Oregon, Dwight and Steven Hammond had been “resentenced” for a “crime”, though they had already served their time.  Their “crime” was the use of controlled burn and backfire to do what ranchers and the BLM have done for over a century.  The first is to destroy unwanted vegetation, the second, to control an existing fire in order to protect property.

    This was not the beginning of their ordeal with the Fish and Wildlife Service (FWS).  Their ordeal began almost a decade before Cliven Bundy’s first confrontation with an out of control federal government.  The FWS had been trying to restrict the Hammond’s ranching by cutting of water supply, fencing public corridors, and requiring annual licensing for what were perpetual rights to Public Land Usage.  “The Harassment of the Hammonds” dates back to October 1986.

    For all intents, the Hammonds were tried, sentenced, served their time, and left prison as free men.  The government waited until all of this was done before filing an appeal to the Appellate Court, contending that they should have been sentenced according to the Sentencing Guidelines.  Funny, the word guidelines isn’t mandatory, simply a guide.  But, more on that in a future article.

    The resentencing of the Hammonds raised the indignation of some of those players from the Bundy Affair, and others who had, possibly a result of what they witnessed in April 2014, moved further along that “Thin Line”.  Unable to convince the Hammonds that they should not turn themselves in for the additional 4+ years they would now have to serve, the objective changed to the FWS, the aggressors against the Hammonds.

    There had been a planned demonstration in support of the Hammonds scheduled for January 2, 2016, just two days before they were to turn themselves over to the US Marshal Service to begin their second punishment for the first crime.  This demonstration, like many others, was Civil Disobedience.  However, behind the scenes, a plan of Civil Defiance had been hatched.  It was left to those who either went to Burns, Oregon, before or after the January 2 event to decide just how far along that “Thin Line” they had moved.  Unfortunately, many who claim that they are “fed up with the Feds” are not fully committed to action.  Instead, they chose to act big and criticize what was acted out by those who were more committed and chose to occupy the Malheur National Wildlife Refuge (MNWR), an FWS facility about thirty miles south of Burns, and the adversary of the Hammonds rights for three decades.

    For nearly a month, the Civil Defiance brought attention to the country, and the world, that the historical rights of Public Land usage were being trampled upon by the government.  The government, possibly absent any legal standing to deal with the occupation of the MNWR, chose to ambush a two vehicle, eight-person convoy going to a public event in John Day, Grant County, north of Burns.

    Lying to the Oregon State Police (OSP), the FBI claimed that they were making a “felony stop” (legally, to stop the completion of a felony) and/or to serve an arrest warrant.  The warrant, however, was not issued until after seven were arrested and one murdered, while in transit to the event in John Day.

    .

    Rather ironically, in the subsequent trial of the leadership of the occupation, they were found Not Guilty.  However, in the second trial, that of mostly followers, they were found guilty of both the felony charges and the additional misdemeanor charges the government brought to assure that they could get at least a few convictions, after spending millions of taxpayer’s dollars going after those who had brought attention to those egregious misdeeds of government.

    Even after the arrests and murder, there were four others who would not “give up the ship”; Sandy and Sean Anderson, David Fry, and Jeff Banta.  These “Final Four” remained on the Refuge for another 11 days, until they chose to peacefully surrender.

    We can look to those who were indicted in Oregon, along with others who came to support the effort by remaining at the Refuge during the month long incident.  They, most assuredly, have moved long that “Thin Line”.

    Unfortunately, the government also had nine paid informants as participants between January 2 and January 26 (date of the murder of LaVoy Finicum), and six paid informants that reported from outside of the MNWR.  Those informants have crossed a line, not moved along the “Thin Line”.

    Shortly after the arrests were made, the government, with all of their paramilitary forces, decided that it was now safe to move on many of the active players in the Bundy Affair of nearly two years prior.  Cliven had flown to Oregon to see his sons, Ammon and Ryan.  He was arrested shortly after he got off the airplane — nice and safe, since they knew he didn’t have a weapon.  But, heck, I don’t think Cliven Bundy ever carried a weapon back in 2014.

    The Indictment and subsequence Superseding Indictment listed a number of those who were under Indictment in Oregon.  The government was intent on quashing the First Amendment Right to Redress of Grievance, opting to circumvent the Constitution by using statutory and administrative law, with no reference to the defendant’s constitutionally protected rights.

    So, at this point, we have three identifiable issues.  First, Cliven Bundy and his rights; Second, Dwight and Steven Hammond and their rights; and, Third, the proper use of the Public Lands.

    What people have rallied behind is the proper use of Public Land, as intended by the Founders and applied properly for over two centuries.  Both the Bundy and Hammond situations have made them the “poster children” people for the Public Lands movement.

    The trials in Portland (MNWR occupation) are over.  The trials of those indicted in Nevada have begun, though with a very shaky (for the government) start.  The first trial included six defendants and was identified as “Tier 3”.  Tier 3 was those who had been identified as having possessed firearms (pesky Second Amendment) during the Unrustling on April 12, 2014.  In a rather interesting “verdict”, only two of the defendants, Greg Burleson (a previously paid government informant) who was convicted on 8 counts of the Indictment, and Todd Engel, convicted of 2 counts.

    Rather interestingly, at one point, the jury found all of the defendants Not Guilty of the two primary charges (Counts 1 & 2), and neither Burleson nor Engel was found guilty of those counts.  However, the jury struck the Not Guilty checkmarks on the Verdict sheet.  The Court then determined that the two found guilty need not stand trial, again, however, the remaining four defendants will stand trial, again (double jeopardy?) on charges that the jury had previously found them not guilty of.  The government, apparently, hope that they can impanel a new jury that will buy the government line and find them guilty.

    Interestingly, the trial was determined to be a “Mistrial” by Judge Navarro, though the guilty verdicts are still applicable.  It appears that it was only a two-thirds  “mistrial”, since only the remaining for defendants will stand trial, again, beginning July 10, 2017.  Surprisingly, a single trial can be divided into two trials, one bringing convictions, the other to endeavor to bring more convictions.

    So, what does this have to do with “What To Do?”  Well, there are two parts to that answer.  First, which has been alluded to already is just where one is along that Thin Line.  Some are simply in the learning stage.  That is the stage that everyone has gone through — some recently, others decades ago.  Longevity is not a factor in that progression.  Some learn faster, others find themselves in circumstances that accelerate the progression.  Often, means are a factor.  If one has a meager income versus expenses, then he will ‘invest’ where best suits his mental progression along that line.  Others may have obligations that keep them from being able to participate in some aspects.  There are some that will respond to the call, when the severity of a situation achieves a sort of boiling point — the need to commit, for the sake of others, comes when that point is reached.  Still others may be at a point along the Thin Line where they are not willing to invest any more time than simply continuing to learn what they can, from the comfort of their own home.  Similarly, others may see, let’s say, a demonstration, as unproductive — they are saving their resources for an event that they anticipate will warrant them dropping everything to respond.  They perceive that Civil Disobedience is unproductive  and refuse to participate — even though those that do practice such disobedience do bring attention to the objective, increasing public knowledge of an event.  None of these should be faulted, for as one might not agree with another, it is quite likely that the other does not agree with the one.

    The aspect of participation now being put side, let’s move on to the Cause.  We will use the current situation, as described above, as the Cause.  Public Land, Cliven Bundy, and the Hammonds.  That’s it!  That is where the investment, whichever level, is deemed appropriate for the individual, with respect for the Cause.

    Suppose someone decides to extend the Cause to include other aspects.  Again, using the current circumstances, suppose some decide to include prisoner abuse in the Cause objective.  Does that mean that everyone should subscribe to this new entry into the field?  Recently, the focus was shifted from those standing or awaiting trial in Nevada to prisoner abuse.  Heck prisoner abuse has been going on for decades, if not centuries.  Is there anybody that does not realize that regardless of what it is now, it used to be bread, water, and hard labor, or worse?  Granted, many suffer such abuse, even before trial.  I wrote about Kevin Massey’s pre-conviction treatment in the Camp Lone Star series.  However, the focus has always been on the subject of the charges against Massey.

    Now, I don’t want to demean those who are concerned with prisoner abuse.  There is no doubt that many of us may be subjected to such abuse, as we progress along that Thin Line.  Expect it, but keep your focus on the more important goals.  It is more important to focus on the Public Land policies (and, we have seen some fruit come from the efforts of those who will stand, or have stood, trial).  It is important to focus on the trial — the judicial abuse — far more than it is to focus on prisoner abuse though I don’t doubt that some things have changed at the Southern Nevada Detention Center in Pahrump, because of the efforts of a few.  Unfortunately, that redirection to prisoner abuse is focused on two people, Ammon and Ryan Bundy.  What of the other defendants?  What of Cliven, Dwight, and Steven?  What of Public Land policy?  They seem to have been abandoned by those who became the most vocal in Nevada.

    Even worse were some recent events in Las Vegas.  It was on Memorial Day weekend.  Las Vegas has a rather high veteran population, as does any city with a VA hospital.  An inverted flag (yes, under the given circumstances, it offended me, too — see “Memorial Day 2017“) was flown at a busy intersection.  A veteran, possibly at least partially intoxicated, but still a veteran who served his country, as he saw fit when he did serve, chose to educatethose with the inverted flag.  However, they were not willing to listen and, perhaps, become educated in what veterans feel.  Instead, they determined that the veteran was  a coward for fighting for his country, and was trying to steal their flag — though even when he was told he could take it, he chose not to take (or steal) it.

    Unfortunately, the Bundy name was brought up during this confrontation.  So, the veteran chose to associate the Bundys with the inverted flag.  That makes it quite difficult to gain a sympathetic ear to the Cause, even though that Cause seems to have excluded the original and common purpose.  Now, it focuses on one man, and there are legitimate questions as to the veracity to some of what has been presented as the true circumstances that led to the focus on the two individuals (Ammon and Ryan Bundy).

    When was the last time that the common Cause uttered Cliven Bundy, Dwight Hammond, Steven Hammond, Pubic Land policy?  What happened to the other defendants in Nevada and those convicted in Oregon?  What happened to the focus that brought thousands together in their respective support to the Cause?  Have these all been abandoned?

    Some of those who have been staunch supporters of the elements of the Cause objected to what happened on Memorial Day weekend.  They are accused of creating division.  There are near relentless attacks on those who have steadfastly supported the original Cause, many from as early as April 2014.  Though until that weekend, had uttered no objection to those who chose to add the prisoner abuse issue to the agenda.

    Unfortunately, now we see the consequences of merging an additional purpose, to the detriment of the original Cause.  Like an old battle flag, the Cause has become tattered and worn — and, perhaps, lost in the turmoil that the new battle brought to the game.

     

    7 Comments

    1. Paul Niblock says:

      Gary, while I respect those who have served and the sacrifices that have been made I fail to see the relevance of equating the flag with those. Did you serve your nation or your government? Does the flag represent the nation or the government? Did you fight to preserve your liberty, i.e. freedom of speech, right to bear arms, right to be secure in your person and effects and right to a speedy trial, or did you fight for the government to be able to violate those at it’s whim? The ’cause’, as you put it, never was about the Bundy’s or the Hammonds or prisoner abuse. The ‘Cause’, for me at least, has been illegal usurpation of authorities not enumerated and just accepted through ignorance, primarily, and apathy in general. Most people couldn’t care less about things that do not directly affect them. Most people are not ranchers, land owners or veterans in this country. Patriotism is fine and good but patriotism to what, the ideals or the symbolism? Not being a veteran, perhaps I can’t understand how someone can become enraged at the sight of a flag being disrespected. I find it ironic that some would find more to be upset about by a flag flown in distress than they are by the lies told that led to there voluntary or compulsory enlistment for the ‘defense’ of it. I didn’t go to Bunkerville to defend a flag or a bunch of cows. To me, the flag represents what needs to be defended from.

      • ghuntghunt says:

        Paul,
        I believe that I have adequately explained that. Too many people seem to think that they were born with patriotic zeal. Anybody that ever believed in government was a fool.
        I fought UNDER the flag. If I had been killed in service I would have been buried UNDER that flag. I was raised saying the Pledge of Allegiance to the Flag (yes, even before “Under God” was added).
        I still believe in the Flag and the Constitution. What symbol would you use to represent the Constitution? I will continue to use the Flag.
        I am a nationalist, and that flag represents that nation that I respect. And, as when I was 18, I still would give my life for the flag and constitution.
        This conversation sort of reminds me of husband and wife discussing pregnancy. The man has never experienced it, and those critics have never served Under it.
        The Cause that I wrote of is clearly defined in the article. The Cause, as defined, is the focusing on the elements therein described. That doesn’t mean that there can’t be other causes that people want to get involved with, though they should not be merged, even if partially related.
        I write about a lot of different subjects. However, I set up the series identification, since there are separate issues. However. “The Bundy Affair”, “Burns Chronicles”, and “Harassment of the Hammonds” are conjoined. However, though related, the Freedom of the Press is distinctly different.
        Some have suggested that my writings are a violation of what I wrote. I say “bullshit”. Should I focus only on one subject at a time? I see my job as to inform, as much as possible. However, I only cover stories where I have access to a reliable source. Otherwise, I am like ,most of the “alt press”, regurgitating what someone else wrote, though in my own words. To me, that is not journalism.
        Now, putting what my role is aside, those who went to the Bundy Ranch in 2014 or Burns in 2016 committed to the Cause that I refer to. You were one of them. You can’t deny that. However, by their nature, they were conjoined.
        Though because of what length it would add to the article, from my experience, there can be unintended consequences when diverse subjects are brought together. During the sixties, about a year after I returned from Vietnam, I was involved in the anti-war movement. There was a sympathetic relationship between the anti-war movement and the civil rights movement. Though I didn’t support the civil rights effort, they were merged. My participation in the anti-war movement made me a de facto member of the civil rights movement, at least in counting numbers. (See http://outpost-of-freedom.com/blog/?p=1984 ). The alternative would have created division in appearance and numbers, and, it might well have been destructive of one, or both, of the movements.
        To frame it in a different perspective, choose the battle that you want to fight to a win, and fight that battle. Once that is won, you can move on to the next battle.
        I didn’t go to Burns for the Cause, I went to Burns to get access to documents and to write about their content. That doesn’t mean that I couldn’t jumbo in, if it was necessary — which I did, as you know.
        Back to the original point. Look what the real consequence of merging prisoner abuse had on the Cause. If you can’t see what happened, then I doubt that I can do any more to make it clearer. It has even created a degree of division in the Bundy family.

    2. Paul Niblock says:

      sometimes I wonder if a lot of events aren’t ‘engineered’ with exactly that intent. To divide. I hope I didn’t come across as disrespectful to veterans by the way. I think a lot less ideology and more common sense could benefit whatever this movement or cause is. People take things too personally and argue for their perceived slight rather than the larger context and by that means people lose focus. The freedoms cherished in this country include the freedom to offend, I guess is what I don’t understand when the flag issue comes up. I ‘Pledged allegiance’ as well before I even understood what allegiance was. I was indoctrinated into believing all the greatness of this country while simultaneously glossing over the negative. An open minded observance of facts as they are known today, understanding that there is still much that is kept from the general public awareness through either classification or just AWOL media, makes me question what that pledge was really for. And to whom or what it was for, the ‘Republic’ for which the flag stands has been banished, seemingly, for this current dystopian plutocracy.

      • ghuntghunt says:

        As far as the Pledge of Allegiance, say it to yourself. Listen, with you mind, to the words. Just because the government doesn’t fit that mold, I sure to appreciate the sentiment of those words.
        Understand something about veterans. The Revolutionary War was fought, initially, by those who were veterans of the French and Indian Wars. Its hard to say what would have happened if their experience wasn’t brought into play.
        Now, think of today. if you were side by side with someone with experience in combat, had been forged in that fire, you will be far better off than with some guy that just with through some training with you.
        Those veterans will be the first effective force, if the need arises. And, they will impart their experience, and perhaps save your ass until you have acquired enough to stand better on your own.

    3. Paul Niblocksays:

      Also, I forgot to add…. I respect you immensely, Gary. I do hope you aren’t offended by any of my dialogue. I don’t think there is much that can be done to prevent division when the foe has endless resources and virtual control of the narrative. Your writing has been one of a few respectable challenges to that narrative that I have shared and I am much obliged

       

    Burns Chronicles No 59 – Ryan Bundy Holds the Key

    Burns Chronicles No 59

    Ryan Bundy Holds the Key

    Gary Hunt
    Outpost of Freedom
    August 30, 2017

    On January 26, 2016, several people, in two private vehicles were on their way to a scheduled meeting John Day, Oregon.  While in a forested area, with extremely poor, if not non-existent, cell phone coverage, they were set upon by modern day highwaymen (highwaymen were people who stopped travelers and robbed them).  The driver and passengers of the second vehicle submitted to the demands of the heavily armed interlopers, at gunpoint, to leave the vehicle and sit on the side of the snow-covered roadway.

    The driver of the second vehicle, a white pick-up truck, following the exit of one of the passengers, sped away, seeking the assistance of a peace officer, Sheriff Glenn Palmer, of Grant County, Oregon.  However, within a couple of miles they found that the highwaymen had set up a barricade across the road, barring passage.  The highwaymen, hidden behind their vehicles, began firing shots at the white truck.  This forced the truck off the road, where some rather adept driving may have saved one of the highwaymen’s life, by swerving, at the last moment.

    The truck then came to a stop, and the driver, LaVoy Finicum, exited.  In the back seat were three people; Shawna Cox, Victoria Sharp, and Ryan Bundy.  Bundy sat on the left and Cox on the right.

    Having already been shot at, there was concern for the safety of the party.  Finicum, in an effort to draw fire away from those still in the truck, began moving towards the rear and away from the truck.

    There were lots of loud noises.  Some from 40 mm projectiles of rubber bullets and tear gas (OSP recovered 13 40 mm casings), others from flash-bang type grenades.  Included, however, were two shots that came from the left-rear of the truck.  One hit the top of the truck and one broke the driver side rear window.  The round that broke the window may well have hit the side of the truck, pressuring the window to break, and deflecting into the shoulder of Ryan Bundy.  This is the more logical explanation, as the velocity of the bullet, absent any other external resistance, should have penetrated much further than the fleshy part of Bundy’s shoulder.

    Now, this gets interesting since the Oregon State Police (OSP) had to account for shots fired, though they could not account for two shots.  Shell casings were missing, and the rather perplexing task resulted in speculation regarding the bullet impact on the driver’s side of the truck.  Their conclusion was that it must have come from the shooter that fired three shots as the white truck approached the highwaymen, as shown in this OSP exhibit:

    The government tried to attribute the shot at the rear door to the three shots fired as the vehicle approached the barricade.  However, this does not quite work, as if you look at the yellow line in the third image.  You see that if it did hit the truck, it would be a glancing strike.  It would have been deflected upon impact, and the initial point of impact would be the most damaged.  Any additional damage would have been less, as the bullet was deflected away from the truck body.  As you can see, the greater impact was on the right side of the gap between the door and frame.

    .

    We must consider the possibility that the shot came from the left rear of the truck, which was the location of the FBI HRT (Hostage Rescue Team) members, including FBI HRT SA W. Joseph Astarita.  Its initial impact would be the greatest, then, if it dented the side of the truck sufficiently, it would possibly enter the door, itself, behind the sheet metal surface.  Upon impacting the door bracket that holds the window in place, if it exerted pressure on that frame, it could cause sufficient pressure for the window, itself, to buckle, spewing out pieces of glass when it burst, as seen in the video (linked below), rather than a break because of a direct impact by a bullet.

    That same bullet could then deflect off the door/window frame and enter Ryan Bundy’s shoulder moving upward into the fleshy part, from the rear of the shoulder, as Ryan had turned to the right, and had bent over in an effort to protect the women.

    Now, the question is, is that a bullet in Ryan’s shoulder?  Well, the medical records from Harney District Hospital, in Burns, where Ryan was taken after the highwaymen kidnapped him and the others, except LaVoy, who lay dead where he fell after being shot in the back three times.  The hospital reports indicate that there was “oozing” bleeding from Ryan’s right shoulder.  Some of the language used in various reports from the hospital includes a written notation, “… consistent with bullet fragment versus other metallic foreign bodies.”  Then, in two typed reports, we find, ” INDICATIONS: Gunshot wound to right shoulder”, and ” INDICATIONS: penetrating gunshot wound”.  So, based on the X ray and the medical reports made within hours of the shooting, there can be little doubt that the highwaymen shot Ryan Bundy.

    Now, considering where the shot probably hit, LaVoy had just exited the truck, and Ryan Bundy had just leaned over to protect the women.  It is obvious that the shooter did not hit his target; perhaps he flinched, or is just a bad shot.  However, every indication is that Astarita was trying to murder either LaVoy Finicum or Ryan Bundy, or both.

    Here is what appears to be the scenario that resulted in a bullet in Ryan Bundy’s shoulder:

    Now, some will suggest that it was a bullet that shattered the window, as seen in the video of this moment in time.  There are three versions:

    Real Time (0:56)

     

    Half Speed Slow Motion (1:51)

    Quarter Speed Slow Motion (3:42)

    Now, most people believe that the window that shattered was shattered when hit by a bullet.  To put their minds to rest, when a bullet strikes a safety-glass window, it leaves a hole about the size of the projectile.  Then there is a much-disrupted area of extremely shattered glass, though still bound by the plastic, usually just a few inches in diameter.  Finally, there is some cracking outside of that radius.

    Why is this so important?  Well, Maxine Bernstein, Oregon Live, made the point in her recent article, “LaVoy Finicum Shooting: Prosecutors seeking missing shell casings, metal fragment from Ryan Bundy’s shoulder“, dated August 3, 2017.  Maxine has covered the entire story, from the courtroom standpoint, from the beginning.  In this article, she seems to have a little insight into what may be the defense’s strongest argument, a lack of evidence, when she wrote:

    The case against an FBI agent charged with lying about firing two shots at Oregon standoff spokesman Robert “LaVoy” Finicum most likely will turn on expert testimony about the validity of the Deschutes County Sheriff’s Office investigation, a defense lawyer said Thursday.

    No one reported that they saw or heard agent W. Joseph Astarita fire and no direct evidence exists linking any bullet or shell casing to Astarita’s rifle, one of his lawyers said.

    Prosecutors countered that the investigation continues and revealed for the first time that not only are shell casings from Astarita’s alleged shots missing, but so are shell casings from some of the Oregon State Police shots fired at the Jan. 26, 2016, roadblock.

    Eight shots were fired. Six shell casings in roadway are all gone,” said Assistant U.S. Attorney Pam Holsinger, chief of the Criminal Division in the Oregon U.S. Attorney’s Office. She didn’t elaborate. State troopers fired six of the eight shots, with the other two eventually linked to Astarita, investigators and prosecutors said.

    Astarita is charged with three counts of making a false statement (18 US Code §1001) and two counts of obstruction of justice (18 US Code §1512(b)(3)).  What he is not charged with is, though it has become apparent that he did in fact, attempt to murder LaVoy Finicum and/or Ryan Bundy.  As indicated by Maxine’s article, the prosecution is suggesting that there is no evidence — not of murder, rather, that Astarita lied.

    Astarita was first scheduled to stand trial beginning August 29. The trial was been designated :complex” (Yes, that is what they have done in both the Burns and Bunkerville trials) and rescheduled to February 27, 2018.

    The roof shot was a shot taken at an occupied vehicle, a criminal offense under state law.  The door shot, described above, was taken while LaVoy was still just outside of his door and Ryan was huddled over Victoria Sharp.  The shot was fired just between the two of them, indicating that in Astarita’s haste, he simply missed his mark.

    Back on March 5, 1770, the King’s soldiers fired on and killed five people.  They stood trial before a jury of citizens, though were found not guilty because they had a right to self-defense.  However, both the laws and the people had a right to determine what they government could do, and what it could not do.

    On January 26, 2016, a government “soldier” (armed with military grade weapon and accoutrements) attempted to kill, or at least, recklessly endangered the occupants of the white truck.  He is not charged with such a crime, even though one of the occupants sustained a gunshot wound.  Instead, he is charged with being dishonest and impeding an investigation.  That would never have happened if we were still under the King.  Instead, we have the hens (the United States Attorney and the FBI) guarding the foxhouse (the FBI), so, well, we know, now, just how this may end.

BURNS CHRONICLES ARCHIVED (41-50)

Burns Chronicles No 41 – Dennis Dickenson (Dennis Jones)

Burns Chronicles No 41
Dennis Dickenson (Dennis Jones)

dennis-dickenson
Gary Hunt
Outpost of Freedom
October 16, 2016

On October 11, 2015, the initial Operation Mutual Defense (OMD) Advisory Board (AB) held their first meeting. Each meeting had an agenda and the AB members agreed to record the telephonic meetings, for the record. The recordings were then place in a Dropbox folder, accessible only to the AB members. There was also a private mail-list group set up, again restricted only to AB members.

The AB was comprised of five members. The only member that was known only by one other member, Ryan Payne, was a retired military officer named Dennis Roy Dickenson. Dickenson had endeared himself to Ryan when he was going to fly up to Montana on April 10, 2014. The meeting never occurred, as Ryan had left for the Bundy Ranch on April 7.

Mr. Dickenson had provided his DD-214, as was required of all members of the AB who claimed prior military service. Of his 21 years of service he was in “intelligence” for over 19 years, and left the service, honorably, as a Marine Lt. Colonel.

Under the agreement of all of the SB members, I had set up the Dropbox account and the mail-list group. The Dropbox is rather simple where only designated people have access and large files can be transferred up and down in the background. The mail-list group access panel is limited to designated individuals.

Dickenson volunteered to be secretary to the AB, and was designated, just in case I was inaccessible, to have access to the webpage and the mail list group. He was given the access passwords.

We held weekly meetings and special meetings, when necessary. In every case, agendas and recordings were made available to all members of the AB. In the first recorded meeting, on October 11, 2015, Dickenson, when asked about minutes of meetings, stated that since we had the recordings, he saw that there was no need for written minutes. However, as we shall see, Dickenson did make minutes of the meetings, and promptly turned them over to FBI Special Agent Mark D. Seyler, as well as recordings, emails, and other information regarding Dickenson’s vocation as a spy.

Drafted By: Mark D. Seyler
Case ID:  xxxx
Collected From:  xxxx
Receipt Given?: No
Holding Office: SALT LAKE CITY

Details:

As noted in several FD-1023 CHS reports, since October 1, 2015, xxxx has provided the case Agent with several files associated with the Operation Mutual Defense(OMD) Advisory Board. These files have been transferred between OMD Advisory Board members via email as well as a shared Dropbox.com account. On November 7, 2015, the case Agent saved several of these documents to a single DVD for storage as evidence in the captioned case file. Included on this DVD are recordings of OMD Advisory Board meetings from October 11 to November 5, 2015, meeting agendas, task lists, and other documents.

Item Type                Description
18 Digital DVD Containing OMD Advisory Board files provided by CHS
Collected On: 11/07/2015
Seizing Individual: Mark D. Seyler
Located By: Mark D. Seyler
Location Area: Shared E-Mail Acct
Specific Location: Shared E-Mail Acct
Device Type: Compact Disc/Digital Video
Disc(CDs/DVDs)

Number of Devices Collected: 1

In hindsight, reviewing the recordings from that first meeting, Dickenson, when someone mentioned “we”, or any indication that something someone was talking about implied other participants, he always asked who the other participants were. He also sought detail on every subject, in every meeting. Now, this could be attributed to a desire to fully participate, and it could be a desire to gain information.

The FBI uses form “FD-1023”, also known as “CHS Reporting Document”, for agents assigned to an informant to provide information, based upon their communication, face to face, via text or email, by phone, or even secret messages, to be placed into the record. “CHS”, of course, refers to “Confidential Human Source”. The following information is from those 1023 forms. 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.

A Public Trial, as intended by the Founders, was guaranteed so that we could judge both the alleged crimes of the accused and the role of the government.  This article, and subsequent articles on the subject of informants, is about the role of the government.

Given the background, above, we can clearly see that the government has no intention of spying on the people that created that government. This reeks of George Orwell’s “1984”, to the greatest degree possible. The government had no reason to believe that OMD or the AB had any intention of doing anything illegal. The purpose of OMD was to evaluate situations, and if the situation had merit, as determined by the AB, then a call out would be made to the followers of OMD. If any illegal activity was discussed, it was discussed only to the extent of whether something would be illegal, or not. However a call out would be consistent with the rights preserved by the First Amendment; Speech, Assembly, and Redress of Grievances. In some of the matters brought before the AB it was determined that there was no lawful standing to pursue a situation, ending discussion on that matter.

.

Recorded meetings were held on October 11, 18, 25, and November 1, 2015. With the exception of the above, we find the first written 1023 report dated November 3, 2015. It deals with separate phone calls with AB members. The first mention in the 1023s of the Hammonds was based upon a call with Ryan Payne:

CHS has been communicating regularly with Ryan Payne. Payne submitted background checks for he and Hunt, and is awaiting the results.

Payne is very upset by the plight of Steve and Dwight Hammond in Oregon. They have apparently decided to accept the 5-year sentence imposed by the government and go to prison peacefully. Payne has contemplated interfering with their going to prison even though the Hammonds have not requested OMD’s assistance. Ammon Bundy recently forwarded Payne a press release from the Bundy Family in support of the Hammonds, warning of repercussions to the federal government if the Hammonds are imprisoned.

The background checks were approved by the AB as a requisite prior to acceptance on the board. Dickenson’s background check was also provided to the AB.

Later, that same day, another 1023 is filed regarding a subsequent conversation with Ryan Payne:

Ryan Payne is traveling to Oregon on the morning of November 4, 2015, with Ammon Bundy to meet with the Hammond family regarding the father and son’s intent to surrender themselves to federal authorities and prison. Payne said the driving force behind this trip is Cliven Bundy, who has been asking Payne for months when he intends to start another militia action to confront the government. Earlier in the day, Ammon Bundy sent Payne an email with a press release from the Bundy Family in support of the Hammonds. Payne believes Cliven told Ammon to go along with Payne to see if they can convince the Hammonds to take a stand.

On November 5, 2015, we get to the reports of the meetings, the “minutes” that Dickenson did not want to write for the OMD-AB, but was more than willing to write for the FBI, It begins with:

A Confidential Human Source (CHS), much of whose reporting has been corroborated, provided the following information:

At approximately 5:00 pm Mountain Standard Time, on Thursday, November 5, 2015, the Advisory board for Operation Mutual Defense held a meeting via conference call. Initially participating in this meeting were Tim “Nailer” Foley, Dennis Jones, Gary Hunt, and Jon Ritzheimer.

Note that “Dennis Jones” is participating in the meeting. However, there was no Dennis Jones, only Dennis Dickenson. This is a lie to the FBI, and is consistent throughout the reports.

In other 1023 reports, if the CHS is involved, they would report that “Initially participating in this meeting were Tim “Nailer” Foley, CHS, Gary Hunt, and Jon Ritzheimer.” So, apparently, and informants can lie, so long as he is working for the FBI. And, in reviewing the recordings with the 1023 reports, there are many instances of Dickenson either lying outright, or twisting the truth to a point that is appears to be opposite of what really transpired.

Regarding the Hammonds, in that same meeting:

Payne described how he and Ammon met with Steve Hammond and Susan Hammond (Steve’s mother), but did not talk to Dwight Hammond (Steve’s father). [Steve] believes the government wants to take the Hammond’s land, and will do what it takes to get it. Steve Hammond doesn’t appear to talk with anyone about the matter, and appeared perturbed when Ammon showed up on Steve’s doorstep. Ammon helped around the ranch while talking with Steve, and it is Ammon’s opinion is that Steve is broken down to point where he doesn’t want to fight anymore. He and his father appear to be at peace with submitting themselves to imprisonment.

At this point, it looks like there is not going to be a request from the Hammonds for OMD support. Susan Hammond is very familiar with the issues and injustices her family is facing and if anyone could convince her husband and son to take a stand, it would be her. The Hammonds are going to discuss Payne and Ammon’s offer of help, and Susan will contact Payne to let him know. According to Payne, Ammon is very clear that for the Bundy family, it doesn’t matter whether the Hammonds request or desire assistance, they have a responsibility to stand up for them.

After much discussion, the OMD board voted that OMD should act if the Hammonds give any kind of approval for militia-related assistance or at least agree to not turn themselves inIf the Hammonds decline any offer of support, the majority of the board voted not to stage an action. Hunt expressed concern that OMD could suffer great embarrassment if they were asked to leave by the Hammonds.

Payne claims the Bundy family intends to act regardless of the Hammond’s decision, but he doesn’t know what they will do. He discussed the plan where the Bundy’s could purchase the Hammond’s grazing allotments, and light fire to them. Ammon said he would be willing to do this if he had protection (presumably from a militia group like OMD).

So, peaceful plans are still being considered. There was the possibility of something that might force a confrontation, if the Hammonds agreed to ask for help. However, Dickenson, in his parenthetical, make OMD a “militia group”. It had been made clear from the beginning that OMD was like a Committee of Correspondence. That is was NOT a “militia group”. However, he wants to suggest a different purpose – a form of demonization of the organization that he is a part of.

Interestingly, in this meeting, a discussion of what AB would do, under three different situations, ensued. It was broken down to “three doors”. Door #1 is would AB act if the Hammonds agreed to allow OMD to be called out in support of them. The votes was unanimous, “yes”.

Door #2 was would the AB consider a call out of the Hammonds would not express support, but would not come out in disagreement with a call out. Again, it was a unanimous vote of “yes”.

Door #3 was whether the AB would call out through OMD if the Hammonds were opposed to any action in support of keeping them from going to prison. The vote was three for not becoming involved and two were for involvement. Those two were Ryan Payne and Dennis Dickenson. Was Dickenson’s vote an effort to encourage such activity? It was not addressed, at all, in the written report.

Another matter that he did not mention though the AB found it both interesting and disconcerting, was the fact that Ryan reported that Brandon Curtiss had agreed to work with the Sheriff, to help the Hammonds or support the federal government, whatever the Sheriff decided to do. I had previously link that report on the Brandon Curtiss article, though it can be listened to HERE

As we continue through the documents, Dickenson reports every detail of any possible action. Basically, he provided the minutes that he declined to prepare for the OMD-AB. He has 20 known and more possible reports. Those 20 constitute 41 pages of the 230 pages of 1023 reports. He is, perhaps, the most prolific writer of the informants.

Many of his reports are outside of the meetings and are based upon phone calls with members of the AB.  Many of those calls were to or from AB members at the Refuge.

On two occasions, once before the occupation of the Refuge and once during the occupation, Dickenson says that he will travel from Florida to meet AB members, though when the time gets near for his trip, his wife has some medical procedures that forestall the trip.

It seems rather strange that someone who took an oath to the Constitution, and served over twenty years under that oath, would turn against the Constitution and spy, for his government, on its own people.

 

4 Comments

  1. […] Outpost of Freedom » Blog Archive » Burns Chronicles No 41 – Dennis Dickenson (Dennis Jones) says: November 16, 2016 at 6:51 pm […]

     

Burns Chronicles No 42 – Fabio Minoggio (John Killman)

Burns Chronicles No 42
Fabio Minoggio (John Killman)

facebook-head-shot

Gary Hunt
Outpost of Freedom
November 20, 2016

“John Killman”

For the sake of this article, I will use the name that those at the Malheur National Wildlife Refuge (MNWR) knew him by, John Killman.  However, his real name is Fabio Minoggio, from Switzerland, and currently living in Las Vegas, Nevada, or northwestern Arizona.

There is little information in his Fabio Minoggio Facebook page, though it appears that he was born in Pallanza, Italy.  He claims to still live in Locarno, Switzerland.  He may have been born January 1, 1971, as implied by a date shown on the John Killman Facebook page.

At this point, we only have what he said to the defense attorneys, when asked why he went to the refuge.  He told them, “I am in this because of my love of gun safety,” according to the lawyers’ notes.  He also said he didn’t want to miss a “moment in history.*” This claim doesn’t bear fruit, since, while on the witness stand, in response to a question about expenses, he said “I was going into harm’s way, so I had to buy ballistic vests”.  From whom did he sense a threat?

The Prosecution has refused to identify him as an informant.  The judge then told the FBI that if he lied on the stand, they had an obligation to point out any such lies.

Whether he contacted the FBI and volunteered, or was contacted by the FBI, we may never know.  I have tried calling Minoggio, but he “is not accepting calls at this time”, in a recorded message at the number that was initially used to contact him to testify.

How he was found and subpoenaed to testify is another interesting aspect of this story.  After Jeff Banta testified about a guy with a French accent had come to the Refuge and started training people in various military activity, such as team combat, team movements as a group, evacuating friendlies from a car, hand-to-hand combat, and firearms safety.  He had that French accent and was sort of an anomaly, compared to the others who had come to the Refuge.

This began raising questions.  The government, in discovery, had provided 129 “CHS Reporting Document” reports, constituting 230 pages, though they were so heavily redacted that there was no way to identify, without a bit of sleuthing, just who the informant making the reports were.  However, among those who had met “Killman”, someone had obtained his phone number.

At this point, Neil Wampler’s attorney, Lisa Maxfield and Shawna Cox’s standby attorney, Tiffany Harris, began pursuing an intensive search for the illusive John Killman.  A reverse look-up of the phone number showed the phone registered to Fabio Minoggio.  Once others confirmed that Minoggio’s Facebook picture (above) was Killman, it was a matter of finding him and getting him on the stand, having no idea what his testimony might be.  It was a long shot, but having ferreted out an informant just might be sufficient to persuade the jury that things were not just as the Prosecution had claimed.

What made the effort worthwhile is the fact that the Prosecution had already shown a short video Burns-Pieter_video_2016-01-24–16-31-39.mp4 at least four times, during their presentation to the jury.  That video, though only 29 seconds long, was, in the eyes of the jury, suggestive of the violent intent of the occupiers.  If the video could be considered in the proper light, perhaps that would be a major point of consideration by the jury.

.

According to the date/time stamp on the copy that I have obtained, the video was shot on January 24, 2016, at 4:31 pm, though that may be Central Time.

A subpoena was issued and served.  Minoggio contacted the attorney identified on the subpoena and stated that he didn’t know anything about why they wanted to have him testify.

On Friday, Oct. 14, Maxfield received a voice mail.

“I don’t know who this Mr. Wampler is,” the caller with the foreign accent told her, elongating the name so it sounded like “Woompler.” He also mentioned getting a subpoena “about some kind of Burns thing.”

The caller identified himself as “Samuel” and said he was in Arizona. He couldn’t just leave his life and drive to Portland, he said. “I don’t even know what this is all about,” he added. *

The Defense’s case was to close on the 17th, so a scramble began to arrange to get Minoggio to Portland in time to testify.

* – Maxine Bernstein’s article, “Who was John Killman“, published on November 5, 2016 at oregonlive.com.

Testimony

The Court had provided an attorney on Minoggio’s behalf, and he was advised of his rights.  He chose not to stand on the Fifth Amendment, so he took the stand.  Some portions of that testimony follow.

Tiffany Harris examining:

Q.  Mr. Minoggio, did you go to the Malheur National Wildlife Refuge on January 23rd, 2016?

A.  Yes, ma’am.

Q.  Were you present at the Malheur National Wildlife Refuge each day between January 23rd and January 26th of 2016?

A.  That’s Monday, Tuesday, Wednesday; right.

Q.  Well, it’s three consecutive days?

A.  Yes, ma’am.

Q.  And was January 26th the last day that you were at the refuge?

A.  I left when LaVoy Finicum was killed.

Q.  When you were at the refuge, did you use the name John Killman?

A.  Yes, ma’am.

Q.  Did anyone at the refuge refer to you as Mr. Minoggio or Fabio or anything like that?

A.  Negative.

Q.  Between January 23rd and January 26th did you communicate with the government about events at the refuge

A.  yes, ma’am.

Q.  Were you paid for?

A.  That I don’t want come across as splitting hairs, but paid is not the answer. Reimbursed to do that.

Q.  You were reimbursed to do that?

A.  Expenses to get there.

Q.  Over and above your operating costs, did you receive any other form of compensation?

A.  No. It happened that my truck broke down and I was goinginto harm’s way, so I had to buy ballistic vests, which increased the — the reimbursement substantially.

Q.  Okay. But so your testimony today is that aside from expenses and costs that you incurred, you did not receive any other form of payment or income or remuneration from the government for your information?

A.  No. It was freely given and — and I wasn’t enticed or anything.

Then, AUSA Barrow, in cross-examination:

Q.  Sir, you testified you were reimburse forward expenses did what were those expenses?

A.  It was gas money for my old truck. I — I broke down with my — mudrock truck. I bought a ballistic vest because I was fully aware of what I’m doing, but it was a substantial risk to get harmed, so I invested into that, but also invested into food to stay there and so on and so on.

So, we really do not know if he received any additional payment, or not.  We do know that he was there and reporting, and, that he had done some training.  However, the Prosecution chose not to revisit that 29 seconds that they had relied so heavily on, earlier.

What is interesting about the testimony is that Judge Brown sustained most of the Defense objection while overruling some objections made by the Prosecution.  Perhaps Judge Brown has finally recognized the deceitful nature of the government’s case.

CHS (1023) Reports

Now, let’s look at what information he did give to the government.  Minoggio’s first report as a Confidential Human Source (CHS) was made on January 23, 2016.  “XXXX” indicates pertinent redactions.

CHS arrived in Burns this evening. CHS observed a white pickup truck bearing a big III% sticker and an Arizona license plate. The truck traveled on A Street before stopping at a road block. The two occupants of the truck, one appearing to be John Ritzheimer, appeared to have a conversation with two Police Officers positioned in front of the courthouse.

At a gas station, the CHS had a conversation the attendant. The attendant stated many people in the town are happy, as this time a year most of the people in the town are without work. According to the attendant, there is plenty of work due in the town due to the occupation of the refuge. The attendant feels that as long as everyone is happy and no one gets killed, he is not opposed to the situation at the refuge.

The CHS had a difficult time finding a hotel room. It seems that the towns people know that most of the hotel rooms are occupied by FBI agents and Police Officers. When the CHS found a hotel room, the hotel took cash payment for the room and did not ask for ID or the CHS’s license plate number.

After entering a local bar, the CHS struck up a conversation with four individuals who were wearing 5.11s, tactical wear, one point slings, and their shirts which bore US flags and molon labe stickers. One of the individuals stated his name is Joe. Joe is from Arizona and is involved in the patriot movement. The CHS asked Joe if he has gone to the refuge, but Joe said no. Joe said he and the other individuals have set up a medical station three miles away from the refuge, to be used in the case there is a shooting. XXXX Joe advised the CHS that Curtis is the commander of the Oregon III%ers.

At a local restaurant, the CHS spoke to two law enforcement officers. The officers said that they are from out of town and are just passing through. The CHS said the same.

So, we can see that he wanted to paint as complete a picture as possible, on all aspects, to the FBI.

His next report was on January 24, 2016.

Reporting from Oregon (First day at MNWR). First set of photographs from first day at MNWR attached.

BURNS:

This morning, while at the Safeway in Burns, a Safeway employee told the CHS that the town is full of Police and FBI. The Safeway employee pointed to two male individuals in the Safeway and identified them as law enforcement. The employee advised the CHS to stay away from the Horseshoe Inn because it is filled with law enforcement.

Each day when the women who are staying at the refuge go into town, they drive by the Horseshoe Inn and take pictures of the vehicles believed to be law enforcement, in order to track the law enforcement presence in Burns.

Payne is telling everyone that there are two FBI HRT teams at the location where they had confronted three FBI SWAT members days ago.

MEDICAL TENT, WATCH TOWER AND “SURPRISE ATTACK TEAM”:

While at the medical tent area inside the Narrows RV park near the refuge, the CHS met up with one of the individuals the CHS conversed with in Burns last night. This individual stated that he is part of “Trinity Tactical.”

At the refuge, CHS was able to climb up into the watchtower. CHS had a conversation with a young male individual who was on watch duty in the tower. This individual stated that he calls out over the radio every vehicle that enters the refuge, including the license plate number. The individual then told the CHS that Joe O’Shaughnessy and the others at the medical tent area are there as a “surprise attack team.” xxxx

While in the tower, the CHS observed an SKS rifle and an old AR-15 rifle.

GUNS, RANGE AND BACKGROUND CHECK:

After arriving at the refuge, CHS was quickly accepted and was put on guard duty. CHS believes the easy acceptance was partly due to the CHS bring food to the refuge. The people at the refuge claim they have 250 to 600 supporters on the ground, but the CHS only counted a total of 50 at the refuge. According to the CHS, everyone at the refuge has a side arm. CHS observed several handguns including ten 1911s, GIocks, a Springfield, and a Taurus. CHS believes there are forty to fifty long guns at the refuge. However, people at the refuge are told to not carry them around, but to keep the rifles close. No large caliber long range rifles were observed by the CHS.

There is a shooting range located in an area northwest of the refuge. Payne is in charge of the range. Payne wants people at the refuge to shoot and conduct live-fire training at the range, so he can judge their shooting and tactical abilities. Payne had intended to conduct a tactical training session in the morning, but soon after people started shooting at the range, the shooting had to be stopped after environmentalist protesters arrived at the main gate check point.

XXXX The background check was conducted by “Dwayne”, and mostly entailed name dropping of people in the patriot community and knowing someone who is already at the refuge, which the CHS does.

XXXX O’Shaughnessy advised that he is staying at the medical tent area near the refuge.

CHS did go to the shooting range area in the afternoon. Prior to the CHS arrive at the range, live fire training was taking place. During CHS’s time at the range, only dry fire tactical drills were conducted. Later, after leaving the range, CHS knows that more live fire drills took place because the gun shots could be heard. CHS estimates that 500 rounds of ammunition were shot at the range after CHS left. Seventeen to eighteen people were at the range while CHS was there. The vast majority of the people on the range were between 20 and 30 years of age.

Four AR-15s were seen by the CHS at the secondary gate checkpoint for the refuge. CHS has not spent time at the primary gate checkpoint.

BLAINE AND MELISSA COOPER:

CHS met Blaine and Melissa Cooper at the refuge, as well as their two children, who stay in the kitchen area of the refuge at all times. CHS also met “Wakkeem” who identified himself as the individual who liberated Blaine’s and Melissa’s children. CHS stated there are a total of six to ten children currently at the refuge.

FUTURE PLANS:

The people at the refuge claim they have 250 to 600 supporters on the ground, but the CHS only counted a total of 50 at the refuge.

People at the refuge are discussing taking over two more ranches, which include two million acres of land. The goal is to eventually have 500 ranchers sign a new Declaration of Independence.

ATTACK“:

There is an overall feeling of paranoia and nervousness at the refuge. There is purported reliable intelligence that leads the refuge occupants to believe that at any time, two hundred law enforcement officers will “attack” the refuge from the north, from over the lake.

TACTICAL TEAMS:

Five four man tactical teams have been established, named alpha through echo. Each team has a leader and there is also an overseeing individual for all five teams. There is a media group and then the Bundy’s have a headquarters area in one of the buildings at the refuge.

“SNIPER TEAM”:

Dwayne LNU, the individual who conducted CHS’s background check is tell people that he spotted a sniper team, dressed in military-style clothing, between the refuge and the lake located to the north of the refuge. Moreover, Dwayne LNU stated that his horse is trained to detect sniper teams.

RITZHEIMER:

Ritzheimer left the refuge today at 3:00 pm and will be traveling to Arizona to spend a week and a half with his family.

EXPLOSIVES:

The refuge occupants have taken flares that they found at the refuge and have attached them to propane tanks. The plan is to shoot these devices with tracer rounds to set them off. NFI

You can see that he has done an excellent job of providing information regarding defenses, anticipated attacks against the occupants, and other information that would give an assaulting force a tactical advantage.

Minoggio filed two more reports on the 24th that contained only the two additional sets of photographs from first day at MNWR.

Then, on January 25, 2016, he reported:

An individual driving a vehicle bearing license plate number [omitted] (NV) has a PS90 rifle, a 308 sniper rifle and an AK-47 at the refuge. This individual is bragging that he has 5.7 caliber armor piercing rounds that he purchased from his cousin who is in law enforcement.

CHS observed two large pairs of night vision binoculars at the refuge.

Refuge occupants are again shooting at the range today. A few individuals brought body armor carriers with them to the range.

Tonight, individuals from the refuge will go to restaurants in Burns, sit next to law enforcement officers, and take pictures of the law enforcement officers’ faces.

Payne is meeting with refuge occupants to discuss ways to make law enforcement look like idiots.

CHS also reported observing a vehicle bearing license plate number [omitted] (Wisconsin) at the refuge.

His final report was on January 26, 2016.

XXXX Melissa Cooper and the children are leaving the refuge.  The people at the refuge are very nervous and panicked.

XXXX

XXXX people at the refuge state panicking and rumors of Ammon Bundy’s arrest and hospitalization started to spread.  CHS tried to calm everyone down, as people starting talking about defending the refuge.

The people at the refuge are on high alert and ready to use force to defend the refuge. Everyone is geared up and all the armor piercing rounds at the refuge have been handed out and are loaded into the weapon at the refuge.

Jeff LNU “aka Doc” (25 years old), Carl LNU, and Dwain LNU make up the current leadership at the refuge.

Blaine and Melissa Cooper left the refuge immediately afterword of Ammon’s arrest started to spread.

XXXX

Karl LNU, one of the current leaders on the refuge along with Dwaine LNU, advised they are planning a defensive strategy on the refuge.

Karl LNU’s phone number is [omitted]

Dwaine LNU’s phone number is [omitted]

Minoggio’s final report assured the FBI that they would be able to contact those who he believed to be in charge, for the negotiation teams.

The Jury

Finally, we get to the diligence, or perhaps Divine Intervention, that played a role in the
not guilty” verdicts in all but one of the charges against the Defendants then on trial.

Juror #4, the same one that called out another juror for bias, in an exchange of emails, including a statement and then some answers to questions.  This exchange was reported in Maxine Bernstein’s article, “Transcript of Juror 4’s emails“, published November 3, 2016, at oregonlive.com.

Q.  Wondered if there were turning points or particular moments in the trial that stuck out for jurors in helping the jury reach the not guilty pleas.

A.  Turning points? Let me begin by speaking for myself before I attempt to recall those of others. I expected there to be a witness to the January 2nd meeting at Ye Olde Castle before the protest/rally that would confirm the prosecution’s assertion of intent to impede, and the absence of such evidence became a seed of doubt that grew.  I expected that there must be proof of conspiracy between Ammon and Ryan Payne (most logical link, owing to their initial visit to the Hammond’s place in early November) but he wasn’t even called for either side, nor were there any phone calls, emails, etc. that would demonstrate agreement here.  These two major holes in the evidence record proved to cause insurmountable doubt for me.

Others said that, while the evidence record was not adequate, certain moments turned them.  One said they did a full 180-degree turn when they realized there were six informants that went unnamed on the refuge during the occupation, and the choice of the prosecution to allow that much room for mysterious influence there (remember Fabio?) was decisive.  One said that the doctrine of adverse possession seemed to govern every thought, word, and deed of the ‘leadership’ such that it could not be deemed intent to impede federal workers.  Another said that the repeated objections to the reading of the constitution became a wedge issue for them.  Those turning points are the most distinct ones I can remember, and so I’ll leave it there.

So, now we have a picture of a foreigner who, for some unknown reason, decided to catch “a moment in history”.  Is it possible that he was an agent for, and paid by, a foreign government?  That is well within reason, as we have agreements with a number of countries where they can spy on our people, though we cannot; and we can spy on their people, though they cannot.  However, the information can be given freely to the country that has its people spied upon.  Perhaps that would explain that he received only expenses, and probably was not bound to obeying our laws, as the other informers were bound not to violate.  Therefore, I will close with Mr. Minoggio’s final words, “I’ll leave it there.”

November 26, 2016 – update

This is a picture of Minoggio while waiting to testify in the Oregon trial.  Picture courtesy of Defense Attorney Lisa Maxfield

john-killman-in-portland-to-testify

One Comment

  1. […] Burns Chronicles No 42 – Fabio Minoggio (John Killman) » […]

     

Burns Chronicles No 43 – Terri Linnell (Mama Bear) #2

Burns Chronicles No 43
Terri Linnell (Mama Bear) #2

terri-2-reports
These are side-by-side thumbnails of the un-redacted and redacted versions of the same report.

Gary Hunt
Outpost of Freedom
November 22, 2016

My initial article on informants was “Terri Linnell (Mama Bear)“.  That article was written because Terri had contacted me prior to testifying in the Portland trial of the first seven defendants.  The article was based solely on information provided to me, not what was reported to the government.  In my subsequent articles, I have since obtained redacted versions of the “CHS Reporting Documents”, and am now able to provide insight into what Terri reported.

What Terri reported during her role as an informant has not been made public, though some have expressed a concern as to what she said and what might be damaging to the defendants.  As Terri claimed in her statement in the above linked article, her job was, primarily, to keep and eye on six people —  Ammon Bundy, Ryan Bundy, Jon Ritzheimer, Blaine Cooper, Ryan Payne, Pete Santilli, and Joe O’Shaughnessy.  So, from those reports that have exemplified the role of informants, following is the role that Terri played.

It must be understood that all of these reports were based upon telephone conversations, as described by the case agent.  They are not necessarily the words spoken by the informant, rather the interpretation by the case agent.

The first report is dated January 14, 2016.  “(omitted)” indicates omitted by me for privacy of individual.  “XXXX” indicates redacted portion.

XXXX CHS advised TIM DAVIS’ phone, bearing telephone number (541) (omitted), is being used by multiple people at MNWR due to the poor cell phone reception in the area.

CHS stated that everyone at MNWR has a job to do and supplies including gas, food, and water are unlimited. CHS advised that even if the electricity was shut off, everyone would be fine.

CHS has seen at least 30 individuals at MNWR and approximately six are women. XXXX An embedded media representative from Direct TV is also present at MNWR.

An individual known as “JUDGE,” who is sovereign in nature, has two people with him: FNU LNU, and MARSHALL LNU. CHS believes JUDGE is the major influence behind BUNDY’s continued occupation on MNWR. JUDGE stayed the night on the refuge for the first time on January 13, 2016.

CHS stated that there is a rumor going around that the Fire Marshal in Burns, Oregon, resigned because he caught two FBI agents, who were posing as militia members, breaking into the National Guard Armory (NFI).

CHS advised there is a BBQ dinner on January 14, 2016, in the kitchen area at MNWR.

Her next report was on January 19, 2016.  In the file I obtained, there is only one un-redacted report.  However, there is also a redacted version of that report.  The following is the un-redacted report, with all of the pertinent information in place.

.

HEADER

Source ID: S-00070856

Date: 01/22/2016

Case Agent Name: SMALDINO, CARLY J.

Field Office/ Division: San Diego

Squad: CT1

SOURCE REPORTING

Date of Contact: 01/19/2016

List all present including yourself (do not include the CHS): SA Carly J. Smaldino

Type of Contact: Telephonic

Date of Report: 01/19/2016

Substantive Case File Number
266T-PD-6774258

Substantive Case File Number
266-SD-C67675

Check here if additional reporting is in Echo
No

Source Reporting:

On January 19, 2016, a Confidential Human Source, (CHS),who is in a position to testify, provided the following information:

CHS stated that the occupation on Malheur National Wildlife Refuge(MNWR) will continue and there is still no talk of leaving. CHS reported that the majority of individuals staying on the refuge are veterans or disabled veterans. CHS has access to “leadership” on a daily basis including AMMON BUNDY, RYAN BUNDY, FNU BUNDY (brother of AMMON AND RYAN), JON RITZHEIMER, RYAN PAYNE, and BLAINE COOPER. CHS advised BLAINE COOPER left the refuge with AMMON BUNDY on January 18, 2016, for a meeting outside of MNWR (NFI).

CHS stated MELISSA COOPER brought her kids to the refuge on January 19, 2016, and the kids have been staying in the kitchen area. The individuals staying at MNWR do not want the kids to be there and believe the environment is not suitable for children.

CHS stated FNU O’SHAUGHNESSY has never been on the refuge. O’SHAUGHNESSY has reportedly been in the town of Burns, Oregon, getting drunk and collecting donations on behalf of the occupation (NFI).

SIGNATURE

Submitted By                        cjsmaldino (Carly Smaldino)               Fri, 22 Jan 2016  14:16:49 -0800

First Level Approved By     ABEDELL (Andrew Bedell)                  Fri, 22 Jan 2016  15:05:49 -0800

The redacted report is only lightly redacted, though many other reports are heavily redacted.  The above report is provided simply to show what a complete form 1023 looks like.  The redacted version follows:

On January 19, 2016, a Confidential Human Source, (CHS),who is in a position to testify, provided the following information:

CHS stated that the occupation on Malheur National Wildlife Refuge(MNWR) will continue and there is still no talk of leaving. CHS reported that the majority of individuals staying on the refuge are veterans or disabled veterans. CHS has access to “leadership” on a daily basis including AMMON BUNDY, RYAN BUNDY, FNU BUNDY (brother of AMMON AND RYAN), JON RITZHEIMER, RYAN PAYNE, and BLAINE COOPER. CHS advised BLAINE COOPER left the refuge with AMMON BUNDY on January 18, 2016, for a meeting outside of MNWR (NFI).

CHS stated MELISSA COOPER brought her kids to the refuge on January 19, 2016, and the kids have been staying in the kitchen area. The individuals staying at MNWR do not want the kids to be there and believe the environment is not suitable for children.

CHS stated FNU O’SHAUGHNESSY has never been on the refuge. O’SHAUGHNESSY has reportedly been in the town of Burns, Oregon, getting drunk and collecting donations on behalf of the occupation (NFI).

Her next report was on January 21, 2016.

XXXX a meeting was held by leadership for those occupying the Malheur National Wildlife Refuge (MNWR).  Approximately 50 individuals were in attendance at the meeting, which occurred in a large garage, located a building or two down the road from the kitchen. AMMON BUNDY and RYAN PAYNE ran the meeting and spoke about natural law saying landowners must claim rights, use rights, and defend rights to own land. Based on the meeting, CHS believes that the occupation is going to last a while longer and there is no immediate end in sight.

XXXX

CHS advised no drinking and no drugs are allowed on the refuge. Individuals are not allowed to leave weapons unattended. Everyone has personally owned weapons for self-defense purposes and each person is responsible for his or her own weapon. Individuals doing watches are the only ones who carry rifles. CHS stated that individuals at MNWR use first names only.

CHS advised that there is a general unhappiness with sovereigns in the group on the refuge. One “local,” individual with known sovereign views has been occupying the refuge and was in attendance at the meeting held on January 20 2016. FNU LNU, known only as the local, is leaving on January 21, 2016. The referenced individual was recently in local Sheriff’s custody and accused the Sheriff’s Department and/or Sheriff of beating him while in custody (NFI).

CHS reported FNU (possibly CHRIS) ANN HALL is a constitutional lawyer who has been holding speaking  engagements regarding the occupation in Burns, Oregon. HALL is not considered part of the group occupying the refuge.

Her final report, which was the only face-to-face meeting, was on January 26, 2016.

CHS stated it is very peaceful inside the Malheur National Wildlife Refuge (MNWR) but not in the town of Burns, Oregon. CHS did not like traveling into town because CHS felt as though s/he was being watched and/or followed. CHS stated a “mole” accessed the refuge as a protester, and PETE SANTILLI reported the “mole” was seen in FBI space (NFI). By way of background, SANTILLI is a news broadcaster with a radio show from Ohio, who also participated in the Bundy Ranch Standoff.

CHS advised approximately six women are staying at the refuge. XXXX married couple DEB LNU and COREY LNU remain at the refuge.  XXXX

The individuals occupying MNWR eat three meals a day in the Chow Hall. CHS stated that there was a “sign-in” sheet for all individuals who passed through the Chow Hall at MNWR. CHS reported the sign-in sheet was “missing”.XXXX  CHS stated the MNWR Headquarters Building is used as AMMON BUNDY’s office.  CHS reported the Chow Hall and Bunk House are co-located on the refuge. CHS advised of a Fire Building on the refuge, which houses Fire Trucks.

CHS reported documentation was found showing the Bureau of Land Management (BLM) planned for a 20 percent increase in land ownership on MNWR in 2016.CHS reported the Sheriff of Burns, Oregon, is involved in corruption and may have made a deal with BLM (NFI).

CHS stated that AMMON BUNDY announced via BUNDY’s http://www.facebook.com public page, he would hold meetingsin two surrounding counties on January 26, 2016, to garner support for his beliefs. BUNDY believes he has a “duty” to do right by the people of Burns, Oregon. The ranchers asked BUNDY to help protect their land.

CHS reported three sovereign citizens were occupying MNWR: WAYNE LNU, a tall black male (FNU LNU), and a Spanish male (FNU LNU), who claims to be a lawyer from Spain (NFI). CHS stated the Spanish male accompanied MELISSA COOPER when she retrieved her children from her brother, who was granted custody of the children from Child Protective Services (CPS). XXXX

BLAINE and MELISSA COOPER are from Arizona. CHS positively identified referenced black male and referenced Spanish male in the photograph uploaded herein. The photograph was taken inside the Chow Hall at MNWR.

XXXX CHS reported occupants did not have night vision goggles on the refuge.CHS stated someone was bringing them in order for individuals on patrol to use as appropriate.  CHS stated a patrol shift is scheduled for four hours, but individuals assigned to patrol duty often take a double shift if needed.

CHS stated that everyone on the refuge is prepared for armed conflict with law enforcement; however, as a rule, the occupants will NOT fire first.

Note that the “sign in sheet” may be the one that Allen Varner (Wolf) reported having turned over to the FBI.  There is no indication that Terri handed anything over to the FBI, as all of her communications appear to be telephonic.

Regarding the question posed to her during her testimony at the trial, the government purported to read from a document suggesting that she had said that Ammon wanted to take over other federal facilities.  What we see is that she reported that Ammon “would hold meetings in two surrounding counties on January 26, 2016.”  Apparently, they knowingly tried to trick Terri into a false testimony.  However, Terri refused to support their effort, which is now on the record.

Nothing has been left out.  I have included everything so that those who had questions about what was included in the first article can now make their judgment as to just how much help her informing at the Refuge was to the government, and how much damage it might do to the occupiers.

 

7 Comments

  1. Brand Thorntonsays:

    People can rail on her all they want, in my strong opinion she was a plus for the defense in her testimony. My focus was on the trial in Portland. I don’t know anything about Terri otherwise. She was a wreck before she testified and she was shunned by most every one except me. No one will ever know how important her testimony was to the defense, sometimes it is the smallest of things that brings success. Her testimony was not just a little thing, remember she was a government informant with high credibility. She made the government look like liars trying to convict the defendants.

    • Absolutely Brand, and I suggest that those who are so quick to throw the first stone should consult with that man in the mirror. I suspect that Terri was sent into Malhure as a gambit by the feckless fedcoats. Once there, she was “Turned” by our marvelous spirit and camaraderie. Her reports certainly didn’t put anyone on the spot , and were no more than what anybody could have read in the newspapers. Her testimony was one more disaster for the prosecution – Imagine ! an FBI informant testifying for the defense !- and served as a redemption, at least in my book.

  2. MattyPsays:

    Any idea who the guy “judge” is? -An individual known as “JUDGE,” who is sovereign in nature, has two people with him: FNU LNU, and MARSHALL LNU. CHS believes JUDGE is the major influence behind BUNDY’s continued occupation on MNWR

  3. […] Burns Chronicles No 43 – Terri Linnell (Mama Bear) #2 […]

  4. […] November 22, 2016 at 9:18 pm […]

     

Burns Chronicles No 44 – Mark McConnell

Burns Chronicles No 44
Mark McConnell

mm-wo-cap

Gary Hunt
Outpost of Freedom
November 25, 2016

I first interviewed Mark McConnell back in August 2015 That interview was in regard to Parris Frazier and his effort to steal cartel drugs and sell them (Arizona Misfits – A Bad Operation Gone Worse).  McConnell seemed to have an extraordinary knowledge of some of the facts surrounding that incident, which was quite useful in researching for that story.  It never occurred to me, at the time, that this knowledge would have been extremely beneficial to law enforcement, leading up to the bust.

The Criminal Complaint that lead to the arrest of Frazier and his cohorts began with the government putting an undercover employee (UCE) in a position provide access to Frazier to make the government’s plans to set Frazier up for the bust.  This scenario omits what led up to the bringing in the UCE, so there was a substantial part of the story that was missing.  It is quite possible that they chose not to mention a confidential human source (CHS) that provided the background that led to the setup of Frazier.  Or, possibly, any such report was filed on form 302, an “Investigation Report”.

Let’s move forward to the events that occurred in Burns, Oregon, this past January.  During the trial, the government, for whatever reason, outed McConnell as a CHS.  In every other instance of a CHS being involved in spying on the occupiers, this would include nine who were at the Refuge and six who were not, the government has taken pains to conceal their identity.

This would lead one to conclude that they just wanted to wipe their hands clean of any association with Mark McConnell — to make him an outcast in both the government and patriot sides.  What other reason could exist for intentionally expose just this single informant?  Could it be his arrogance and air of superiority in dealing with his handler?

Many had determined that McConnell was an informant, early on.  However, in an effort to find verification, I have interviewed McConnell 3 more times since LaVoy Finicum was murdered on January 26.  The first was on January 30, as he was driving back to Arizona after having his vehicle returned to him.  My purpose was simply to find out what happened from the first stop to his release, that evening.

That interview was much different from the video that was posted on YouTube where he talked about LaVoy rushing the Oregon State Police (OSP) officers.  He had learned his lesson and wouldn’t claim that he saw Ryan get out of the LaVoy’s truck, only what Ryan told him, when they were placed on the ground together.  And, he made clear that all he would say was what he saw, or heard.  This interview was straightforward.  The details he gave were consistent with what has subsequently been confirmed by others.

My next interview, on May 16, was an effort to find something that would support the accusations that he was an informant.  Now, obviously, getting such a “confession” is nearly impossible.  However, often clues come out that would support such a conclusion.  McConnell said that there was a meeting on the Saturday, before the shooting, Brandon Curtiss, McConnell, Booda (Brian Cavalier) and Ammon had a meeting and Curtiss and McConnell explained that was over three hundred FBI agents in the area.  Then, the night before the shooting, he had tried to talk the people out of going to the meeting at John Day.  However, he was willing to drive to John Day and make sure that Ammon was in his Jeep.

On October 10, after McConnell was outed as an informant, I spoke with him, again.  The only interesting point in this interview was the McConnell said that the occupation was a “criminal enterprise”.  A rather interesting statement from one who participated to the extent that he did.  This would raise a question of motivation as to why he participated in such an enterprise, at least as an accessory, unless he had a reason, and immunity, to do so.  Here is what he told me (from my notes of the conversation):

He spent three nights at the Refuge, the second trip.  He could not find a motel room.  He did not agree with the occupation.  He called it lies and bullshit.  He also claimed that Payne and Joker J (Jason Blomgren) had given me [Hunt] money to secure supplies, listing pipes and pipe caps, stating, “That’s not what the statements I have found said.”

.

Heck, I was not there until January 24, late in the afternoon.  I am somewhat surprised that he tried to implicate me in something that, as best I know, never occurred — with anybody having been asked you procure such “supplies”.

He met Melvin Lee about a year ago on an Arizona Border Recon operation.  McConnell was going up to the Refuge to get Kristen and her baby out of the Refuge.  Taking over a Bird Refuge is the dumbest thing he had ever seen.

Clearly his arrogance and his attitude toward the occupation of the Refuge, is clear.  So, why did he go there, and then return towards the end of the initial occupation?  It appears that there is a motive — to do what he can to stoop to the “dumbest thing he had ever seen”.

In response to my query as to whether he was an informant:

He stated that he was waiting for the OSP and FBI to tell him what his involvement was.  He has seen no statements, no affidavits and has yet to see where he was paid.

When asked, directly, if he received any payment or expenses for going to the Refuge, he said “No” and claimed that everything that he spent was on his Cabellas credit card.

Well, that Cabellas credit card would be the receipts that were necessary for reimbursement of his expenses.

I asked him if he would sign an affidavit stating that he received no money and had no communication with the FBI or any government agency.  He stated that he was taking legal action and could not provide an affidavit.

I couldn’t even get him to swear, in an affidavit, that he was not an informant.  So, we had no positive proof that he was an informant, except the testimony by an OSP officer that did not even know what agency McConnell was working for.  In addition, he would provide no positive proof (affidavit) that he was not an informant.  However, it would seem that if he were contemplating a lawsuit, the affidavit would be a part of the complaint.

When I obtained access to the “CHS Reporting Documents” (form 1023), it was simply a matter of matching dates, statement, etc., to determine which of those reports were from McConnell.  This required communication with those who were at the Refuge, though not still in custody, to verify certain things that became key to unlocking the necessary proof of McConnell’s role as an informant.

Let’s look at what was reported by McConnell, even well before the occupation on January 2, 2016.  In the reports, “(omitted)” indicates that I have removed personal information.  “XXXX” indicates redacted portions.

His first report was on December 18, 2015, when Ryan Payne apprised him that there was a still hope of preventing the imprisonment of Dwight and Steven Hammond.

Ryan Payne is trying to get ten “skilled or military trained” militia members to join him at the Hammond ranch in Oregon. Three of these individuals are reportedly coming from Arizona. Based upon a conversations with Payne and others, the CHS believes these three individuals are Blaine Cooper, Jon Ritzheimer, and Mike Bailey. It was unclear what Payne wanted to accomplish once he had these individuals with him in Oregon.

Shortly after the occupation of the Refuge, on January 4, 2016, he gave his first report of the goings on outside of the Refuge.  The report deals with the situation up in Burns, probably staying at the Silver Spur Motel.

Some of the command personal at the refuge (Joseph O’Shaughnessy and Pete Santilli) are staying at the Silver Spur Motel in Burns, OR at night and staying at the compound during the day. O’Shaughnessy is currently using telephone number (928) (omitted).

All of the motels in Burns, OR are currently booked

We know that he arrived at the gate the next afternoon, as a text message was received from the front gate at the Refuge, which reads, “Tue, Jan 5, 6:23 PM – This is (omitted) from AZ. Mark McConnell is at the gate he needs someone to let him in, tell Ryan“.  He was relying on Ryan Payne to grant him access.  This is his first report from inside of the Refuge:

 

Due to Michael Meyers (aka Lewis Arthur from Veterans on Patrol) stating that he is going to physically remove Ritzheimer from the refuge (to save him from himself and possible PTSD induced violence), security at the refuge has been tightened and they are no longer allowing people to come and go freely. Individuals wanting to enter are met at the vehicle barrier and vetted before they can come in. Supplies being dropped off at the refuge have to be dropped off at the barrier and then transported inside by the militia members.

Everyone is very amped up right now putting on their plate carriers and grabbing rifles. They say they just got credible Intel that a law enforcement raid was coming. Another reason they are on high alert is because Ryan Payne and Joe O’Shaughnessy did a recon and followed law enforcement from the airport to the school.

There is a large grader blocking the road and they moved a front end loader up to support the grader. There is a fire tower directly behind they entrance that is manned by two individuals.

The Oath Keepers put out a message saying that a National Guard Special Forces unit had been tasked for the standoffThey also said they should expect Delta and FBI HRT to be involved also. This further escalated the tension at the refuge.

There is only one woman left on the compound (a girlfriend of one of the guys) and all of the kids are gone or staying in town.

LaVoy Finicum is setting up a makeshift tent to stay in near the entrance.

Some of the militia members have .308s but the majority have .223 ARs.

Payne’s plan in the event of an LE assault is to bog down the assault at the entrance and then flank LE from the rear. He is very cold and calloused when discussing possible militia casualties. He said he knows the two guys in the tower will be shot right off the bat so he isn’t getting after them about noise and light discipline. The CHS believes Payne wants to goad LE into action, get his followers to fight and die in the fighting, and then have the leadership go out toward the end as martyrs.

The above report was made the same evening of McConnell’s arrival.  Rather quick work on his part.  The deceptive role of OathKeepers is explained in OathKeepers vs. Militia – Part III.  This explains the heightened alert status on that day.  Thus, McConnell, who had been invited up to the Refuge by Payne still had to get approval to enter.  According to McConnell, he never did enter the Refuge that evening, that Ryan Payne came out to the gate and then went to McConnell’s Jeep where they carried out their conversation.

The following day, January 6, 2016, after McConnell had a little time to see, or hear, what was going on at the Refuge, he provided the following report:

Ammon Bundy’s HQ is set up in the building labeled Recreation/Maintainable in an upstairs office that appears to be the facility supervisor’s office. Several individuals are using this office to store their long guns, vests, and ammunition when not being utilized. Everyone else sleeps in the bunk houses east of there.

Shawna Cox (from UT, author of a book about Cliven Bundy) is at the refuge.

The following vehicles are on site being used by militia members:

– Washington tag (omitted) (Registered to (omitted) Kelso, WA)

– Texas tag (omitted) (Registered to (omitted) N Richland Hills, TX)

– California tag (omitted) (Registered to (omitted) Yuba City, CA)

The militia is removing gasoline and diesel fuel from the storage tanks on site in order to refuel their personal vehicles.

The local ranchers that are part of the Committee of Safety (about 6 of them) told Ammon Bundy that it was time for the militia to leave and they would carry on the fight for the land on their own.

On January 6, 2016, most of the individuals on the refuge were walking around unarmed (or concealed). Ryan Payne is open carrying an FN .40 Cal pistol (CHS believes it is an FNX) and Ritzheimer has a Sig Sauer .380 pocket pistol (unknown model, single stack magazine).

Michael Meyers (aka Lewis Arthur) has arrived at the refuge with two other members of his group Veterans On Patrol. He has set up a GP medium tent across from the refuge entrance. One of the members is a large heavy set individual wearing a leather jacket with patches of a Christian motorcycle club.

Members of an Oregon militia group stopped by the refuge but did not stay.

The CHS said most of the individuals on site were “not fighters.”

Brian Cavalier (Buddha) left the refuge last night when everyone was talking about an LE raid because he felt defenseless with only a handgun. He has not returned since and neither Payne nor Ammon seem to know where he is.

One of the individuals on the refuge is named Dillon (LNU).

By the way this report is presented, it was probably a telephonic report.  The next report, on January 7, 2016, provides additional intelligence on the goings on at the Refuge.  This report appears to have been an email report, since photos were attached.

There are no roving patrols at this time that the CHS is aware of. There is heavy equipment blocking the east and west entrances to the facility. These are watched by guards stationed inside vehicles to stay warm. Sometimes there is a second vehicle there during shift change or to bring food/supplies. The main entrance has two vehicles for security. Blaine Cooper and Jon Ritzheimer are usually in one of these vehicles.

The CHS heard that it was Blaine Cooper, not Ryan Payne that got into the fight with Meyers last night.

One of the individuals on site is named Dillon (LNU).

CHS says that O’Shaughnessy is still at the Silver Spur motel. The CHS does not believe O’Shaughnessy ever came onto the refuge, he just comes up to the front gates.

As of 12:00 pm, Ritzheimer and one other person are pulling security at the front entrance.

The night scope is currently mounted to an AR-15 that is in Ammon’s room with about 5-6 other long guns. One other guy said he had night vision with him, but it shut off and he can’t get it working again.

There is no one guarding the west entrance anymore, they just have heavy equipment blocking it. The two guards at the east entrance each have an AR-15 and handgun.

The leader of an Oregon militia group that is on site is driving a blue Dodge pickup bearing Oregon tag: (omitted).

Another vehicle on site is bearing Idaho tag: (omitted).

XXXX The CHS said that rumors about an impending raid are constant and people are starting to get burned out by it.

Eric Parker and 8 members of his militia group showed up at the refuge tonight. They said they brought a .416 Barrett, but the CHS didn’t see it.

One of the militia members onsite (picture attached) owns or works at the Ehmer Welding Company in Irrigon, OR. His phone numbers are 541-(omitted) and 541-(omitted).

Also attached is a picture of Joe (LNU) that was driving the vehicle with California tag (omitted) (Registered to Joseph (omitted)).

Attached are pictures of the tower, the kitchen area and the supply stash.

Attached is a picture of a radio being used with the frequencies. The radio is a Baofeng UV-5RV2+. They are transmitting on 154.475 and receiving on 426.145.

Interesting that he notes that Joe O’Shaughnessy did not stay at the Refuge.  The FBI, in their first press conference on January 27 stated that only those who spent the night at the Refuge would be charged.  Joe was charged in the Indictment, so I wonder why McConnell makes this comment.

The next day, on January 8, 2016, we have the following, which also appears to be an email report (not third party presentation):

Several people left the refuge last night and are not expected to return. Because of this, they are letting in only hard core supporters. The meeting at 9:00 am turned out to be a general planning meeting for activities at the refuge like guard shifts and scheduling. There were about 12-14 people at that meeting with four more on security. It is possible that there were a few sleeping as well.

The press release at 11:00 am is now going to be where the plans and demands are laid out.

Ritzheimer is not participating much in any leadership decisions. Ammon Bundy is handling the overall strategy and dealing with the press. Payne and Patrick are the one trying to keep the militia together and keeping people from leaving.

Eric Parker and his guys showed up at the refuge on January 8, 2016.

Below are three more plates observed on the refuge on 1/8/16:

-WA tag (omitted) (Registered to (omitted) Tukwila, WA 98188). Believed to belong to an individual named Will (LNU) that is currently guarding the front entrance with Ritzheimer.

-ID tag (omitted) (Registered to (omitted) Nampa, ID 83651)

-Utah tag (omitted) (Registered to (omitted) Eagle Mountain, UT 84005)

The next report, on January 16, 2016, leaves over a week out of McConnell’s reporting.  He was absent from the Refuge during this period.

Both men [Ammon and Ryan Payne] believe that the majority of the townspeople are on their side, but Ammon continues to make an active effort to court the public. He is extremely charismatic and his actions like going to the barber and out to lunch before heading to back to Idaho are calculated like a politician. The sense that the community is behind the occupation is exasperated by the fact that, despite several contacts, none of the occupiers have been cited by police in town. Even more recently there have been talk from local residents to defy the local government and cut the chains of closed public spaces. There are also several local residents that have joined the occupation.

In terms of who is allowed onto the refuge, Ammon and Payne are extremely inclusive. They are able to take people from a variety of ideologies and move them toward their own. They assign duties to prevent the more volatile occupants of the refuge from getting in trouble. These lower ranking occupants sleep in the “bunkhouse.”

Payne and Ammon are dying for communication from the Federal Government. Payne does not view the FBI as either good or bad. They are merely the necessary other side of the dialogue that is needed to move us down the path to our future.

The planning for the occupation started in November. Between November and January.

When Mendenbach took one of the government vehicles to Safeway, Melissa Cooper was driving the other vehicle. Everyone in the refuge thought it was stupid of Mendenbach to take the vehicle and some people found it funny that he would get himself arrested in that fashion.

Inside of the refuge, Payne sleeps in the most vulnerable place by design. The tower is always manned by at least two people, but this includes a couple that use it as a location to have sex. Scotty LNU had a vision device and Ryan Bundy brought a second on his most recent trip back.

There was a very short report, filed on January 19, 2016, and appears to be a telephonic report:

Jon Ritzheimer is asking for individuals to bring snow camouflage when they come to the Malheur National Wildlife Refuge. Ryan Payne is requesting Israeli gas masks.

What is damning about this report is a texting conversation that McConnell and Ritzheimer had the day before the report was filed.  This is from that conversation:

Mon, Jan 18, 10:52 AM

MM – Jon do you need any gear or supplies

JR – Snow camo would be cool.  Not a need just a want.  I have driven all over Oregon looking for some.  lol

JR – I might just order on line.

JR – Here is my address.
General Mail
Jon Ritzheimer
Burns, OR 97720

MM – I will look down here, probably cabellas has it.

Wed, Jan 20, 2:30 PM

MM – I’m heading north in the morning

JR – See you when you get here.

McConnell says that he is leaving for Burns on January 21.  He returns on January 22, 2016, at the request of Ryan Payne (confirmed with Payne).  This is an email report.

Cavalier is staying in building #1 (pic attached) with his girlfriend Melissa Laughter.

The computers that used to be in the office Ammon is using as his quarters have been moved (pic attached).

Attached is a picture of an AK-47 rifle being kept in the kitchen near Ammon’s office area.

Attached are two pictures showing the railroad ties and concrete barriers near the main entrance. The militia members are calling these “fighting positions.”

Tomorrow morning at 0600, Ammon, Cavalier, and three others are going to the Hammond ranch for a meeting.

There are approximately 30 individuals on the refuge today.

Joseph O’Shaughnessy is still staying at the Silver Spur, but spends time at the refuge. Many people have taken the license plates off of their POV’s. The following license plates were still on vehicles on the refuge:

OR- (omitted); ID- (omitted); UT – (omitted); CO – (omitted); CA – (omitted); AZ- (omitted); NC- (omitted); OR – (omitted)

McConnell updates the tactical information and provides a continuing list of who is present at the Refuge.

The next report is January 23, 2016:

The militias mixed some of the potassium permanganate with glycerin. Apparently someone thought that is how they could make an explosive. They believe there is dynamite on the facility due to an article they found about using dynamite to kill carp in the lake. They think they have found out where it is stored, but have been able to access it yet.

Ammon is going to go to Idaho to see his family either today or tomorrow. Due to a conversation he had with FBI negotiators, Ammon believes the facility will come under siege on Monday. Because of this, he wants to see his family and get some of the money that has been donated before the siege starts. Supposedly, donations to the occupiers is all going to Ammon’s wife in Idaho.

A family consisting of a woman with 8 kids showed up at the refuge last night. They are from Kansas and we’re at the Bundy ranch in April 20, 2014 (believed to be Sharp family).

Attached is a photo that shows where the explosives/fire making materials are being stored (circled in red). Also circled (in green) is the building where Sheriff Ward’s cousins came and talked to the militia members saying that Sheriff Ward is corrupt.

Attached is a picture of a document that contains personal information of the members of the Harney County Committee of Safety. Also attached is a page showing Ammon’s schedule.

The following is another license plate that was observed on the refuge: ID – (omitted)

Ammon Bundy, Brian Cavalier, and Arizona militia member Mark McConnell, are leaving the refuge tomorrow morning at 0600 to go to Ammon’s house in Idaho. This was prompted by a meeting Ammon had earlier in the day with Brandon Curtis, Todd Engel, and others, in which Ammon was told that there was a large, sudden build up of FBI in Burns. Because of this, and Ammon’s appointment to talk to FBI negotiators on Monday, Ammon and many others on the refuge believe that a siege will begin on Monday.

Attached is a picture of the main hallway in the chow hall leading to where many individuals are staying.

No evidence was ever provided at trial that suggests that explosive were made.  The veracity of this portion of the report is questionable — perhaps rumor.

Note that first he mentions Ammon’s trip.  Later, he reports that “Arizona militia member Mark McConnell” is also going.  Is this an attempt to cover his role?  Perhaps the next report will help us understand that this was really McConnell writing about himself in the second person, rather than using “CHS”, just in case…

The final report from inside the Refuge comes on January 24, 2016, just a few days away from the ambush on US Highway 395.

Ammon Bundy is in Boise, ID visiting his family today. Tomorrow he plans on returning to the refuge and is bringing his family with him. The GPS coordinates to Ammon’s house outside ofBoise are 43.82721, -116.52850. Ammon admires Ryan Payne’s knowledge of the Constitution and his drive and determination. However, Ammon does not trust Payne much. This is because both of them feel that God is driving them to push for reform; however, their differing religious beliefs prevent them from coming together completely.

Interesting that he reports the latitude and longitude of Ammon’s house.  He did not report them before Ammon left, but he reported them before Ammon returned, which means he probably acquired them while at Ammon’s house.

Probably anxiety prevented subsequent reports, perhaps knowing that the ambush that was to occur on the 26th, on the way to a meeting in Grant, Oregon, was forthcoming.  Perhaps he went back to phone communications, though if he did, they are not included in the reports.

In an interview with Mark shortly after the murder of LaVoy Finicum, he provided his version of what happened that afternoon.  Much of what he told me was contained in “Ambush“.  However,

In what appears to be McConnell’s final report, on April 21, 2016, he has been posed some questions regarding identification of individuals involved in the

1) Identify all individuals who were observed operating heavy machinery at the MNWR and when.
Duane Ehmer and one other elderly guy, name unknown.

2) Identify the individuals who built the bunkhouse road.
Duane Ehmer

3) Identify any individuals who assisted, supervised, or instructed individuals to build the road.
Ryan Bundy instructed how to do the road in order to make travel shorter to the chow hall.

4) What discussions were there about the Paiute Tribe? Who was present?
LaVoy Finicum, Ammon Bundy, Ryan Bundy, Anthony Bosworth, and Melissa Laughter all talked about the tribe, but the CHS did not hear much during the conversations.

5) What discussions were there about the artifacts stored at the MNWR? Who was present?
LaVoy Finicum mentioned the artifacts and suggested contacting the tribe that the artifacts belonged to.

6) Did any militia members express personal interests related to artifact collecting?
No one seemed very interested in them.

7) Did individuals present at the MNWR read The Burns Times Herald as well as the MNWR pamphlets pertaining to fishing, hunting, protecting artifacts, wildlife viewing, etc?
Unknown

8) Who dug the trench which was used to dump trash?
Unknown

9) Who dug the two trenches on Jan 27th and why?
CHS was told that Jeff Banta did the digging because Anthony Bosworth told everyone they needed fighting positions.

10) Who instructed, assisted, supervised the digging of the two trenches on Jan 27th?
Same as #9 above.

So, we see that McConnell was still working for the feds by helping to identify people that he might recognize from pictures.  They were trying to identify any who has “disturbed native artifacts”.

After having prepared a draft of this article, I contacted McConnell to see if he could refute anything.  He continued to claim he was not an informant, though he did clarify what transpired at the gate on January 5.  During a review of the comments made in the 1023 forms, he often said, “I never knew that”, though on two occasions he said, “I didn’t say that.”

Now, at the time of this article, McConnell has invested himself into the Arizona Border Recon (ABR), run by Tim “Nailer” Foley, a former member of the Operation Mutual Defense Advisory Board.  Foley resigned from the Advisory Board shortly before the occupation began.

6 Comments

  1. […] Burns Chronicles No 44 – Mark McConnell […]

  2. Serfsays:

    Judge Anna Browns chamber phone 503 326-8350 Call , Email and annoy
    Free the Political Prisoners !

    • ghuntghuntsays:

      There is no reason to muddy the waters with such an effort. It would not help, only make me making my case more difficult.
      Anger is not the solution. Reason is.
      I allowed this comment only to allow me to say my piece.
      This is my problem, and I have the solution in hand. However, negatives don’t solve problems, only positives solve problems.

       

Burns Chronicles No 45 – Mark McConnell #2

Burns Chronicles No 45
Mark McConnell #2

mm-on-border-2016-2

Gary Hunt
Outpost of Freedom
November 30, 2016

I have obtained some additional information on Mark McConnell that will be of interest to all.  After my last article, “Mark McConnell“, it seems that McConnell kept saying that the information was readily available.  He never really addressed whether he was an informant, or not.  He simply sidestepped the issue of the role he played.

So, let’s separate the issues between what he said and whether he was an informant.  To do so, we simply look to the Court record and see what transpired, on two separate occasions, during the trial of the United States of America v. Ammon Bundy, et al.  The verdict was not guilty on all but one count.

From the rough draft transcripts of the trial, September 21, 2016.  Mr. Gabriel is one of the prosecuting attorneys.  Beckert is an Oregon State Police officer.  Mr. Mumford was Ammon Bundy’s attorney.  Yu will not that the government prosecuting attorney intentionally outed McConnell as a government informant.  I will leave the reader to speculate as to why they would do this.

GABRIEL: Your Honor, Jeremiah Beckert from the Oregon State Police. He will testify to the stop of the Jeep that Ammon Bundy and Mark McConnell and Brian Cavalier were traveling in.

* * *

Mr. Gabriel: So I want to direct your attention to the evening of January 26th of this year, 2016.

A.  Okay.

Q.  Were you a part of a traffic stop on a brown Jeep?

A.  Yes, I was.

.

Q.  Let’s pull up Exhibit 2, page 2, please. Do you recognize this map?

A.  Yes, I do.

Q.  And what are we looking at here?

A.  We’re looking at basically Harney County. Highway 395, north of Burns.

Q.  And could you please indicate for the jury — it’s a touch screen.

A.  Okay.

Q.  Where the stop of the brown Jeep was.

A.  It’s labeled. (Indicating) right about there.

Q.  Okay. Is that accurately labeled?

A.  Yes.

Q.  So how did — how did the traffic stop work?

A.  We were staged at a snow park, off the highway. And then as we — as the white pickup truck, and the Jeep came northbound, we moved towards highway 395. Saw both vehicles go past. My vehicle was assigned to stop the Jeep.

Q.  Was it a marked or unmarked vehicle?

A.  It was an unmarked pickup and it had lights and sirens.

Q.  Police lights, blue and red?

A.  Blue and red light lease with the wig wag.

Q.  As well as a siren?

A.  As well as a siren, yeah.

Q.  Did you comply the siren at all?

A.  We hit it a few times, yeah.

Q.  So did the Jeep stop?

A.  It did. Yes.

Q.  Who was in the Jeep?

A.  The driver, last name, Mr. McConnell, Ammon Bundy, and Brian Cavalier, was in the back seat.

Q.  Could you tell the jury in what order these three gentlemen got out of the Jeep?

A.  So the driver got out first, Mr. McConnell. Then Mr. Bundy got out second from the far right, and then the rear passenger, Mr. Cavalier.

Q.  So talking about the driver, first, was the driver armed?

A.  Yes, he was.

Q.  What was he armed with?

A.  He had a pistol, semiautomatic pistol.

Q.  And did you have information about whether the driver wascooperating with the Government?

A.  Yes, we did.

Q.  Okay. Is that how you got the information about where the vehicles would be?

A.  Yes. That, yes.

Q.  Where do you — do you know where you got the information?

A.  I do, yes.

Q.  Okay. So — is that where you got the information?

A.  We got the information from — from the source, and then also from aerial Surveillance.

* * *

MUMFORD: You said — you said that the driver,Mr. McConnell, was cooperating with the Government at the time?

THE WITNESS: Yes, that’s what we were told.

BY MR. MUMFORD:

Q.  What did the Government give him in exchange for hiscooperation?

A.  I don’t have any knowledge that have. All I was told, isthat we have an informant that’s cooperating.

Q.  Is — it’s true, is it not, that there was — there was no violation of state law, at the time, isn’t that right?

THE COURT: Excuse me. You mean for the purpose of a stop?

MUMFORD: Yes, thank you, your Honor. Thank you.

THE COURT: To justify the stop?

THE WITNESS: I was not told about any state charges, it was federal charges that we were told about.

* * *

BY DEFENDANT RYAN BUNDY:

Q.  You testified that mark McConnell was a Governmentinformant.What agency was he informing to?

GABRIEL: Objection, your Honor.

THE COURT: Basis?

GABRIEL: The relevance of that.

THE COURT: You brought it up.The objection is overruled.Answer the question.

THE WITNESS: I don’t know exactly what agency itwas. They never told us he was working for any one of thesethree-letter agencies we just knew he was a Governmentinformant.That was good enough for me.

BY DEFENDANT RYAN BUNDY:

Q.  So how long had he been working with?

GABRIEL: I —

THE WITNESS: I don’t know.

BY DEFENDANT RYAN BUNDY:

Q.  Was he being paid?

GABRIEL: Objection, your Honor.

THE COURT: Do you know the answer, yes or no?

THE WITNESS: I don’t know —

THE COURT: Answer the question, then, you don’t know, is that —

THE WITNESS: I don’t know.

Next, we can go to October 17, 2016.  This is when the Defense wanted all of the informant information out.  The Prosecutors argued against any such release.  The final settlement was that the Defense could say that there were nine informants on the Refuge, but they could not mention the six that never were on the Refuge.  The jury was out at this time.  It was a sidebar discussion.  The numbers mentioned are the CHS (Confidential Human Source) numbers assigned to each of the fifteen informants — a means of identification without divulging the informant’s name.

THE COURT: Have you done — have you or any defendant done an analysis of that which was disclosed in the redacted reports to determine and be able to represent to the Court from your analysis who besides Mr. Killman, Ms. Linnell, and Mr. McConnell were actually engaged with any of the alleged defendant conspirators. Have you done that? And, if so, how many?

MUMFORD: Your Honor, I will say that we have attempted to, yes. But, Your Honor, one of the issues we don’t know is we — we don’t even know the number of Mr. McConnell, as the CHS number. What number is he?

* * *

GABRIEL: That’s correct, Your Honor, but we did provide the number that went with Mr. McConnell.

THE COURT: I know that. The point is the content of the proffer, even in its redacted form should make clear which CHS number Mr. McConnell is. Shouldn’t it?

Now, can there be any doubt that the FBI, the Court, and the Defense, believe that McConnell is an informant?  However, we might as well go one step further.

There is only one informant that went to a meeting with the principals at the Refuge wired for sound.  Here is from another report filed with Mark McConnell as CHS #11.  This is a report from January 12, 2016.  “xxxx” indicates a redaction.

Original consensually monitored body recording on 01/07/2016 between xxxx Ryan Payne and unknown others in Burns, OR.

This report indicates that the recording was then filed, though the specifics are also redacted.

So, regardless of what might be said about the information provided, it is inconceivable that Mark McConnell was not an informant for the FBI during most of the period between the initial occupation on January 2, 2016 until the murder of LaVoy Finicum and the arrest of all of the other people in both vehicles, except Victoria Sharp and Mark McConnell.

One Comment

  1.  

Burns Chronicles No 46 – Words from the Poor Losers #2

Burns Chronicles No 46
Words from the Poor Losers #2

Gary Hunt
Outpost of Freedom
December 13, 2016

Shortly after the verdict in the first Oregon Conspiracy trial, I wrote Words from the Poor Losers.  It was based upon statements made by government ‘officials’ who were upset over the verdicts of not guilty on all but one count one of the defendants.

That article laid out the government’s response to the verdict from the United States Attorney’s Office, Oregon Governor Kate Brown, Harney County Sheriff Dave Ward, and the U.S. Fish & Wildlife Service.

On December 6, 2016, Defendant Jason Patrick filed “DEFENDANT’S MOTION TO DISMISS SUPERSEDING INDICTMENT: PROSECUTORIAL MISCONDUCT – PREJUDICIAL EXTRAJUDICIAL STATEMENTS” and his “MEMORANDUM IN SUPPORT OF DEFENDANT’S MOTION TO DISMISS SUPERSEDING INDICTMENT“.  On the same day, Jason also filed another motion and memorandum, though the government has yet to respond.  That second motion, then, will be addressed when the government decides to answer it.

Rather surprisingly, as far as the first motion, the government filed their “GOVERNMENT’S RESPONSE TO DEFENDANTS’ MOTION TO DISMISS SUPERSEDING INDICTMENT” just six days later, on December 12.

So, first, let’s look at what Jason said in his motion.  He “moves the Court for an Order dismissing the Superseding Indictment herein by and for the grounds that the United States Government by and through The United States Attorney, and other Executive Agencies have made public statements disparaging the jury’s acquittal of the first seven defendants tried herein while a second trial of the remaining defendants was pending.”

In his Memorandum, he cites:

United States Attorney for the District of Oregon, Billy J. Williams, October 27, 2016:
“While we had hoped for a different outcome, we respect the verdict of the jury and thank them for their dedicated service during this long and difficult trial.”

The suggestion of “hope” seems to go beyond the pursuit of justice.  If there was to be “hope”, it should be that the outcome of the trial would serve justice, not their hopes or desires.  Then, they condescend with their “respect” and thanks.

Greg Bretzing, Special Agent in Charge of the FBI in Oregon, October 27, 2016.
“We believe now – as we did then – that protecting and defending this nation through rigorous obedience to the U.S. Constitution is our most important responsibility.  Although we are extremely disappointed in the verdict, we respect the court and the role of the jury in the American judicial system.”

If “rigorous obedience” to the Constitution is what Bretzing means, then should he respect the verdict of the jury as being a “rigorous obedience” to that Constitution?  If so, why should he be “disappointed in the verdict”?  Shouldn’t he be pleased that justice has been served?

Tweet from U.S. Secretary of the Interior Sally Jewell, October 28, 2016.
Respect the court, but deeply disappointed in Malheur verdicts.  Safety of employees remains the top priority.  S J.

Now, Sally Jewell doesn’t seem to respect the jury, only the “court”.  And we have seen just how that Court, under the rule of Judge Anna Brown, has done all within her power to obstruct the defense while favoring the prosecution.  It seems that there is no respect for the jury, because it would be difficult to respect someone who had “disappointed” you.

So, we see that the federal officials who have voiced their displeasure seem to view the entire judicial process as a personal vendetta against those they choose to prosecute.  It is no longer a matter of justice, because the vindictiveness of those officials shows through like a sore thumb, or, rather, a poor loser.

.

Jason goes on to cite the fact that those statements were prejudicial; that any new jury for the tentatively scheduled February 14, 2017, trial will perceive that the government knows best, since they had been rather negative (to be kind) about the role the jury played in the September trial.  Will that affect their deliberations – nor wanting to suffer such disappointment, should they, too, find for the Defendants?

He continues by explaining that the statements referred to are a violation of:

28 C.F.R. § 50.2 (5).  Furthermore the regulations recognize that some forms of public information serve little legitimate purpose and are inherently prejudicial, providing the release of certain types of information generally tends to create dangers of prejudice without serving a significant law enforcement function.  Therefore, personnel of the Department should refrain from making available the following:

(v) Statements concerning evidence or argument in the case, whether or not it is anticipated that such evidence or argument will be used at trial.

(vi) Any opinion as to the accused’s guilt, or the possibility of a plea of guilty to the offense charged, or the possibility of a plea to a lesser offense.

And,

ABA Model Rule of Professional Conduct 3.6(a), applicable to defense and prosecution lawyers provides: A lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communication and will have a substantial likelihood of materially prejudicing an adjudicative proceeding in the matter.

In addition, we have,

ABA Model Rule of Professional Conduct 3.8(f)applicable only to the prosecution states: except for statements that are necessary to inform the public of the nature and extent of the prosecutor’s action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

Jason also cites some other authorities that can be found in the Memorandum.

Now, let’s look at the Government’s Response.  After revisiting the action at the Malheur National Wildlife Refuge that led to the charge brought in the Indictment (revisiting for effect), they claim innocence with:

“Following the verdicts, the United States Attorney for the District of Oregon, the Special Agent in Charge of the FBI Portland Division, and the United States Secretary of the Department of the Interior released statements.  All three expressed respect for the process and disappointment in the verdicts.  Based on these statements, the remaining defendants now seek an order from this Court dismissing the Indictment in this case on the assumption that these comments were, in fact, somehow inappropriate.  They were not following the verdicts in the first round, it was entirely appropriate for these officials to address issues of public concern.”

Wow!  They manage to get “respect” and “disappointment” in a single sentence.  However, if that is not a contradiction, then it must be a failure to grasp the English language.  Shouldn’t that be a pre-requisite for their respective jobs?

Then, they address “issues of public concern”.  Are they suggesting that their disappointment in the verdicts were of “public concern”?  You would think that the fact that the system implemented by the Constitution having succeeded would be an issue of “public concern”.  However, they suggest that the system failed by their statements.  Now, that, definitely, is an “issue of public concern” – that the poor losers are seeking public sympathy for, well, perhaps their failure to do their job.  However, it is more likely that they are so impressed by their positions and prowess that they are really telling the jury that their high expectations of their abilities have come under question, and they want to divert attention from that “horrible” truth.

Then, they argue that 28 C.F.R. § 50.2 (see above) is not mandatory.  Well, neither is a conviction mandatory, though they act as if it should be.  Then, they cite from another provision from § 50.2 that says:

“If a representative of the Department believes that in the interest of the fair administration of justice and the law enforcement process information beyond these guidelines should be released, in a particular case, he shall request the permission of the Attorney General or the Deputy Attorney General to do so.”

However, the Response makes no claim that such procedure was even contemplated, let alone adhered to.

When they get to discussing the ABA Model Rules, they sidestep the issue by saying that:

“No reasonable lawyer would construe disappointment with one verdict as a comment on a co-defendant’s upcoming trial.  Moreover, the comments at issue are not substantially likely to have a prejudicial impact on the impending trial.”

Now, one thing about this case is that, unlike most criminal trials, the principal charge is of “conspiracy”.  However, because of the number of defendants, the Court separated the defendants into two trial groups.  The first trial group was the alleged ringleaders of an alleged conspiracy.  The second trial group is of the alleged followers of the alleged ringleaders of an alleged conspiracy.  So, if the government wants to presume that the ringleaders are innocent of the charges, as per the verdict, and they can be separated from the followers, they must adopt any possible means of getting a conviction of the followers. To do so, the government MUST set out to suggest that the verdict in the ringleader trial was in error, so that any potential juror in the second trial can find beyond a reasonable doubt, that the followers could be guilty where the ringleaders were not.

How else could there be any reason for the following trial, if the ringleader trial led to such a verdict?  Unless, of course, the prosecution can distance themselves from the ringleader verdict by raising doubt as to the legitimacy of that verdict.

Next, the prosecution points out that the defendant and counsel have made statements (implying prejudicial) to the press.  Then they provide link addresses to both an Oregon Public Broadcasting (OPB) article (pdf) dated November 8, 2016, and an OregonLive article (pdf) article dated October 31, 2016.

So, here are some excerpts from the OPB article:

The U.S. Attorney’s office in Oregon has taken abeating since a jury acquitted seven defendants ofconspiracy and weapons charges in an armedtakeover at a federal wildlife refuge — and government prosecutors still have a long road ahead.

Seven more defendants are set for trial in February in a second high-stakes airing of the same evidenceand the same witnesses. Under intense scrutiny after the acquittals, the government now must decide whether it wants to press forward with an almost identical case, make changes or give up entirely.

The U.S. Attorney’s office in Portland declined to comment on the acquittals and theupcoming trial.

Well, Golly, Gee!  The burden appears to be on the prosecution.  It is no wonder that they will use any means to gain an upper-hand in the media to offset the disastrous effort to persecute those additional Defendants.

However, we are looking for something comparable to the deplorable statements made by government officials, so let’s see how the Defendants dealt with the press.  Here is Jason Patrick, as quoted in the article:

“If they came to me with jaywalking and time served, I’d tell them to go to hell. I want to fight. If you fight the government outside of court, they will kill you. But if they invite you into court to fight –  and your fight is right – then fight.

Now, Jason didn’t disagree with the verdict  However, he did say that when you take on Goliath, you take him on either outside of (the risk was abundantly clear, especially when LaVoy Finicum was murdered on the side of Highway 395), or in, court — even though that court is an agency of the same government that is persecuting you.

The only other comment by the Defendant side of the court case was a statement by one of the attorneys:

“Watching the trial, it was clear: This is what they [the Defendants] wanted to do and, to some extent, has the government played into their hands? Are they playing into their hands in trial No. 2?” said Andrew Kohlmetz, an attorney for Jason Patrick.

So, the government’s Response seemed to think that this would demonstrate the justification for their statements of disappointment at the verdict.  Or, maybe, since they simply posted a link to the article, they will assume that the reader, and the Court, will assume that it says what it does not say.

Now, let’s look at the OregonLive article that is also referred to in the government’s Response.  First, we have Lisa Hay, Ryan Payne’s attorney:

“There are serious questions concerning the fairness of continuing to prosecute a conspiracy charge when a jury of 12 citizens unanimously agreed the leaders of the alleged conspiracy are not guilty of it.”

“The jury’s verdict is a clear statement that harsh criminal laws should not be used to suppress free speech and expression of opinion, even if the message may be disagreeable to others.”

Then, we have Andrew Kohlmetz, Jason Patrick’s attorney, in a very profound observation, says,

“Obviously we all feel strongly that if the government really respects the jury’s verdict, they’d dismiss the charges on the remaining defendants. That would be the most practical, economical and fair course of action. It’s clear in my mind the jury considered the government’s claims and rejected them”.

Finally, we have Per C. Olson, David Fry’s attorney coming to a rather obvious conclusion, at least as would appear to a rational person:

“Right now, the ball is with the prosecutors. If I were the prosecution, I would just drop the whole thing. It seems silly to go after the little guys when the leaders have been acquitted.”

This leaves us to consider just why the prosecution wants to proceed, rather than dismiss.  Could it be that the “powers that be”, in Washington, D.C., cannot tolerate free people challenging the edicts of government?  Have the United States Attorneys been told that their future is at stake, if they can’t get at least a few convictions, over this multi-million-dollar prosecution?

 

 

Burns Chronicles No 47 – Robert “Rob” Seever

Burns Chronicles No 47
Robert “Rob” Seever

Gary Hunt
Outpost of Freedom
December 19, 2016

Rob Seever joined a start up militia in Fallon, Nevada, started by Corey Lequieu in January 2015.  He had been a reserve deputy in Yamhill County and a clerk of a District Attorney in Washington, before moving to Nevada.  He met Lequieu through Modern Militia Movement (MMM).  Lequieu and Seever became close friends over the following months.

Lequieu had been active with Operation Mutual Aid (OMA), an organization created by Jerry Bruckhart and Ryan Payne.  Many of those who participated in discussions appended “OMA” to their Facebook names and otherwise express their commitment to what OMA stood for.

Among those OMA supporters were Robert Beecher (the Demonization of Robert Beecher) and Kevin “KC” Massey (Update #1 on K. C. Massey).  The government targeted both of them, and both are currently serving prison terms.  It seems that the OMA membership list may have become a hit list for the FBI.

When I first spoke with Lequieu, he said that if Seever were an informant, he would have turned “after he came home from Burns, in December 2015”.  However, after I provided Lequieu some of the information from the 1023 forms (CHS Reporting Documents), he realized that Seever had started informing much earlier.  Seever’s first report was filed on November 22, 2015.  He begins his first report with the text of a message that he sent to Ammon Bundy:

“Thanks for the update.  I have been following what is going on with the Hammond’s and it is truly awful. I am a native Oregonian and a former reserve deputy (Yamhill County, OR); I am also a member of the OathKeepers. I will be contacting Sheriff Ward tomorrow and if necessary I am more than willing to travel to Burns. Enough is enough. Just give me the word and I’ll be there.

I appreciate your helping the Hammond’s and this is something I definitely want to be a part of if any help is needed. You are welcome to contact me at anytime.

God bless you,”

He follows that with:

I provided my name, address, and phone number.

xxxx I responded in this manner to Ammon Bundy due to our conversation about my being sent in to a situation, where Brian Rapolla would likely be present.

Brian Rapolla may possibly be Brandon Rapolla, OathKeepers.  No explanation as to why he might be concerned about Rapolla’s presence.

His next report was filed on December 14, 2015.  It indicates that he “has reported reliably in the past”, which would probably include more informing prior to the November 22 report.

CHS, who has reported reliably in the pastadvised that Cory Lequieu told CHS that he would be taking his AR-15 with him when he goes to Oregon in support of the Hammonds.

Corey Lequieu is a convicted felon and Seever was fully aware of that fact.

.

This information was emailed to FBI on December 14, 2015.

Lequieu says there is a growing rift between Payne and his group, Operation Mutual Defense (OMD) and the Pacific Patriots Network (PPN) which Soper is a part of. Both organizations want to get involved in protecting the Hammonds, but the OMD is far more radical and willing to use force. The PPN is not as quick to use force and while they want to support the Hammonds, the PPN are not wanting “direct action” so there is a conflict. Soper is also unhappy with Payne because he did not inform Lequieu & Bass about how extreme and potentially deadly the weather conditions routinely are in that part of Oregon this time of year.

Payne is extremely angry over the way court went for Schuyler Barbeau (in Seattle?), that he was kept in custody on no bail. Payne was also angry over the heavy handed LE show of force, describing DHS SWAT teams and snipers on the rooftops, intended to intimidate the peaceful patriots, about 25 of them, that showed up to support Barbeau in court.

Payne was negotiating with the over the road truck driver (presently gone to Colorado and not coming back home until January) owner and his wife (she is at home) for the use of their shop to house militia members. I now have some additional information. xxxx the wife is a waitress at the truck stop in Burns. The shop can hold about 40 people and it has a big wood stove. In addition, the couple has a heated horse trailer with a bed in it. The trailer is occupied now but if some sort of arrangement can be made to move the horses elsewhere, Payne may have the use of the trailer for personnel as well as the shop or in place of the shop. Lequieu may be staying there if everything works out. The husband and wife sound sympathetic to the militia/patriot cause and may also be anti-government.

Jason Patrick is from Georgia and has already lost his job due to his extremist & militia activities. xxxx Patrick was one of the armed people “on the bridge” during the Bundy Ranch standoff; militia members on the bridge were aiming their weapons at BLM personnel and LE/others from what I understand. So if your colleagues did not already know about this, Patrick is a likely suspect in that weapon pointing incident.

Email dated December 12, 2015:

xxxx  Moradi is an Oregon member of the National Liberty Alliance (NLA), a nationwide sovereign citizen group. xxxx and Moradi told me that the NLA is involved with it at the request of the Bundy’s, also remarking that Laura Weaver is involved (Weaver is a hardcore sovereign citizen in Oregon that I know well)

Moradi’s messages quoted:

“Please be in touch w/ Laura [Weaver]. There’re great news coming up. She has been putting lots of hours w/the Hammonds recently. NLA has been working w/them and we may need to assemble a CLGJ in that county. The Bundys have asked NLA to help them.”

“The Bundys are watching. This will put NLA on the map.”

xxxx per Ammon Bundy, the sheriff had a copy of a CLGJ handbook (from the NLA? sounds like it) on his desk. So Weaver says the sheriff presumably knows the right thing to be doing here, which is following the CLGJ’s commands, never minding that the CLGJ in reality is not a legal entity at all but a group of sovereign citizens claiming a nonexistent and bogus authority.

Email dated December 12, 2015:

They xxxx have been able to sleep inside so far, and last night they slept inside a large shop “in town” (presumably Burns) that is “big enough for a platoon” per Lequieu. The shop belongs to a truck driver that is gone out on the road now, and his wife who is home. xxxx that Payne is negotiating with the couple for the ongoing use of their shop, so that they will have a place to sleep inside and out of the elements. If the negotiation is successful it sounds like the shop will be used to house multiple militia members.

xxxx that the national militia call-out will come “just before Christmas” and Payne says this will be a real test of the patriotism and commitment of militias due to the extreme weather conditions. Lequieu added that regardless of anything else such as negotiations from the Bundy’s to try and get the government to back down on the Hammonds, that the national militia call-out is still coming and is a sure thing.

“Weaver/Walker is also held in very high esteem, is very well respected and influential among Oregon NLA and other sovereigns. She is a natural leader and an extreme fanatic. Real trouble.”

Email dated December 14, 2015:

No answer on Bass’ cell [phone number omitted]. xxxx Ryan Payne [phone number omitted]. Payne xxxx he is in Seattle now. So he will likely be present for Barbeau’s hearing. Payne said as far as he knows, Lequieu and Bass are fine and still in Harney County. Does not sound like they are going to Seattle. “

Email dated December 16, 2015:

CHS, who has reported reliably in the past, advised that the community meeting was held last evening (12/15/2015) and a “Safety Council” was established. The safety Council will meet today (12/16/2015) to determine their role in the Hammond matter. Ryan Payne apparently wants to know when CHS can travel to Harney County to assist. CHS advised that no new information regarding Schuyler Barbeau except that supporters are planning on being present for his next court appearance on 12/21/2015. Via email, CHS provided photos of Payne, Lequieu, Patrick and others in Harney County. CHS also provided two photos of a flyer posted after the community meeting. These will be uploaded to the substantive files.

He then describes the individuals in a series of photographs taken during the meeting.  He was present in Burns, at this time.

Email dated December 16, 2015:

Payne wants “10 shooters” to respond to Burns NOW. Calls are being made right now all over the country in order to get the shooters en route. Jason Patrick, who is generally unarmed, is now carrying a .45 caliber semi-auto pistol with an extended magazine.

Email dated December 21, 2015:

CHS, who has reported reliably in the past, advised that Ryan Payne and the others left Burns unarmed but they are now carrying sidearms. CHS did know exactly where they came from. xxxx John Ritzheimer wants to sling his AR-15 over his shoulder and show it as a display, outside the Federal Courthouse. Payne is going to be in plain clothes and away from everyone else. Payne will be armed. Cooper will be in the courtroom to stare down the Judge. Patrick’s sister (name unknown) will video record. CHS not sure if she will be inside the courthouse or outside.

CHS advised that 4-5 people from Reno are going to Seattle for the hearing. One of the people from Reno is Gary Underhill.

Payne and the others are staying in Multkio, WA. (Not sure of the spelling). It is north of Seattle. Staying at Patrick’s mom’s place, [address omitted]. They are leaving tomorrow morning (12/22/2015) heading back to Burns, Oregon. No plans regarding breaking Barbeau out or about the transport. CHS advised that Payne is “absolutely” set on getting Barbeau out and mentioned that they just need to wait for more shooters. No further information.

CHS also reported that the Safety Council in Burns is to meet tonight and vote on the militia helping. If it is a ’No’ vote, the militia will be leaving. If a ’Yes” vote they will be staying. CHS could not provide more detail as he/she had to get off the phone.

Sunday, December 20, 2015, as detailed below: [probably phone call report.]

Saturday [December 19]: Ryan Payne, Cory Lequieu, Deborah Bass, and Jason Patrick are leaving Harney County to attend Schuler Barbeau’s court appearance on Monday. They are leaving Sunday night or Monday morning. CHS is not sure if they are taking weapons. Plans to break Barbeau out of jail seem to have fizzled out. Payne’s request for ten shooters seems to be changing to a more broad national call out. CHS said the holidays are making it difficult to get people to commit.

Payne and company are going to head to Seattle on Monday. They are going to be joined by John LNU and Joe Oshunnesey. They are going to be traveling unarmed. Payne and Patrick were interviewed by an Oregonian reporter. Patty is leaving on Wednesday for a week but her house will still be available. Bass is not going to Seattle.

Sunday:

Payne and company are going to be leaving shortly for Schuyler Barbeau’s court appearance. They will be traveling in a Dark Grey, Mazda, CA license plate number [omitted]. Also traveling are Joe Oshaughnessy, Blaine Cooper,  and John Ritzheimer. Ritzheimer is driving a Silver, Ford, F-150, AZ license plate [omitted] with a large sticker in the back window that says “Fuck Islam.” Cooper and Oshaughnessy are driving a Black Jeep, AZ license plates [omitted]. They have no immediate plans to return and CHS thinks Payne plans on staying a couple of days. They will be staying at a trailer park in Seattle. Payne said that they should not take weapons but CHS is not confident that they won’t. Payne and Patrick have been observed carrying pistols on their right hips. They do not plan on entering the courthouse. They are going to dress in camouflage uniforms and congregate on the court house steps.

Bass is going to stay behind and rent a local P.O. Box in her name to receive mail for the militias. The owner of the home they are staying at (Patty [last name omitted]) is going Boise for a week on Wednesday but her house will still be available. She also said that her parents would be willing to board some people. Payne is looking for a commercial building to use because he does not want Patty to experience a raid on her house. In Party’s house there are weapons always within reach. Lequieu almost shot Cooper and Ritzheimer with his AR-15 because they arrived late last night and Lequieu was not expecting them.

Payne claims to have the Hammond’s ranch under surveillance by several elements of Rangers. CHS advised that if this true they must be very well equipped because the weather is very harsh.

The plans to free Barbeau have not fizzled as previously reported. If Barbeau is not released Payne is very serious about attempting to free him with force and violence. There is no indication that Payne has any specific plans. CHS said that Payne is waiting for more shooters and when he has enough to be comfortable with an assault they will act. CHS said the plan would include some show of force prior to an attack.

The PPN is not supporting any action in Harney County because they are distancing themselves from Payne but there are still elements within the PPN including BJ Soper that are staying involved.

Email dated December 22, 2015:

CHS, who has reported reliably in the past, advised that Ryan Payne and others are en route back to Burns, OR. Apparently they (the group) have secured a hotel (name unknown) in Burns for everyone to stay at instead of the Patty [last name omitted] property. They are afraid of a raid and don’t want her place getting shot up.

Payne and the others are still discussing plans to break out Schuyler Barbeau. Payne claims to know where the Federal Detention center is that houses Barbeau. So far, the plan is to create a diversion and hit the convoy. Once they have Barbeau they will travel north to Canada, east through Canada, and then drop south back down to Harney County, Oregon.

Email dated December 24, 2015:

CHS, who has reported reliably in the past, advised that he/she located the area where Ryan Payne put Cory Lequieu and Debra Bass calling it an Observation Post. CHS provided details and photos in an email:

“While I was in Harney County (re: Hammond Ranch) xxxx I was shown the location of the observation post (OP) that Lequieu & Debra Bass were placed at where they later nearly died of exposure. On my way back home out of Harney County today, I passed near the OP location and got the idea of giving you details of where it is, in case Payne decides to occupy it again; Payne is the person that chose the location for this OP.

December 30, 2015, probably phone call report.

Sovereign Citizen Karl P. Koenigs and member of the National Liberty Alliance (NLA) has issued an online call out stating “Everybody needs to deploy for the rendezvous at Burns, Oregon…”

Oath Keepers leader Stewart Rhodes has reportedly issued a stand down order for the Oathkeepers.

Another December 30, 2015, probably another phone call report.

Frank Lavoie has issued the standard dire threats of violence against the federal government, promises of revolution on his facebook page: https://www.facebook.com/amethyst.rancher. CHS determined that Lavoie is located in Arizona, [phone number omitted], POB [number omitted], Tombstone, AZ.

Corey Lequieu xxxx Ryan Payne, Debra Pope, were handing out fliers in Burns and encountered the parents of the Sheriff. The Sheriff’s parents apparently disagreed with the substance of the fliers and this was difficult for Payne, Pope, and Lequieu. CHS opines based on his/her experience that Payne, and Jason Patrick if he was there, were armed. CHS points out that newspaper coverage of the event reported that the armed militia members complained to the sheriff that the 74 year old mother of the sheriff threatened them.

On December 31, 2015, CHS contacted the FBI by E-mail and advised as follows:

CHS is concerned that Joe O’Shaugnessy, Corely Lequieu, Debra Bass (aka Debra Pope), Blaine Cooper, and Jason Patrick are literally spoiling for a fight with any law enforcement while staying at the residence of Patty [last name omitted], Burns area resident.

The stand down order for the Oathkeepers apparently upset Jon Ritzheimer, and Jason Patrick. Ammon Bundy issued a response encouraging people to come out anyhow.

Lequieu had been active with Operation Mutual Aid (OMA), an organization created by Jerry Bruckhart and Ryan Payne.  Many of those who participated in discussions appended “OMA” to their Facebook names and otherwise express their commitment to what OMA stood for.

Among those OMA supporters were Robert Beecher (the Demonization of Robert Beecher) and Kevin “KC” Massey (Update #1 on K. C. Massey).  The government targeted both of them, and both are currently serving prison terms.  It seems that the OMA membership list may have become a hit list for the FBI.

Seever is one of the six “outside” informants.  Even though he went to Burns, he never visited the Refuge, though he probably fulfilled his promise to meet with Sheriff Ward.

Seever left Fallon to return to Washington, shortly after Lequieu was arrested.  He then removed his Facebook page and has endeavored to cover his tracks.

Seever demonstrates that quite often the informant gets so close to you that you have no concern that he might be playing you so that he can serve the government.  Some examples:

David Stone was the Michigan based “Hutaree Militia” when members of the Militia were arrested in 2010.  When Stone got married, Steven Haug, an agent, was best man at Stone’s wedding.  He was also the primary witness against the defendants.

Schuyler Barbeau was set up by Oliver Murphy.  Schuyler considered Murphy to be his best friend.  However, the role that Murphy played included a pretend purchase of a firearm that was immediately turned over to the FBI.

The insidious government has sent spies into our midst, as if we were an enemy at war with the country.

8 Comments

  1. Debra says:

    I don’t think I can ever trust people again…

  2. Leeioki says:

    THIS ALL MAKES ME,SAD AND SICK…ALMIGHTY BANG FOR YOUR BUCK YOU SICK SELLOUT SOULS

  3. Andy dick says:

    What ever happened to that piece of shit Brandon curtiss…

  4. Constitutional Truth says:

    “xxxx per Ammon Bundy, the sheriff had a copy of a CLGJ handbook (from the NLA? sounds like it) on his desk. So Weaver says the sheriff presumably knows the right thing to be doing here, which is following the CLGJ’s commands, never minding that the CLGJ in reality is not a legal entity at all but a group of sovereign citizens claiming a nonexistent and bogus authority.”

    The above is testament to the abject poverty of historical knowledge among We the People. Up until the early 1900’s citizen Grand Juries were the bodies that kept local governments in check. They were the last vestige of the Common Law, as described in the 7th 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 re-examined in any Court of the United States, than according to the rules of the common law.”
    As a former public school teacher and amateur historian, this ignorance makes my stomach churn…

Burns Chronicles No 48 – Robert “Rob” Seever (R.W. Seaver) #2

Burns Chronicles No 48
Robert “Rob” Seever (R.W. Seaver) #2

Gary Hunt
Outpost of Freedom
December 20, 2016

Rob Seever was the name and spelling that I was given in my first article on Seever. I was told, at the time, that he had helped to expose a law enforcement officer in Washington or Oregon. I had the wrong spelling of Seaver’s name, no name of the officer, and unsure of the location, I was unable to substantiate that claim.

However, my first article led to contact by two people with information applicable to Robert W. Seaver. So, we will first discuss Seaver’s activities dating back, at least, to 2009.

The Willamette Weekly published an article on October 13, 2009. The article is titled, “The Ice Man Weepeth – A Portland cop denies a new video’s accusations of Nazism“. The allegations made against Central Precinct Captain Mark Kruger by Seaver are lengthy, and include dressing in Nazi uniforms, posting a plaque above the II-205 honoring five World War II German soldiers, and other claims demonizing Kruger.

From that article, “Seaver, a former legal aide with the Multnomah County District Attorney’s Office, claims he first came forward against Kruger six years ago to make amends for his own racist past.”

Seaver also posted a YouTube video he had made to demonize Kruger. The video was removed by YouTube after complaints of violations were submitted.

There is a note at the end of the article that provides even more insight into the character of Robert Seaver. I haven’t researched the accuracy, though I would suppose that the Willamette Weekly would not have published it – if they hadn’t verified that accuracy.

FACT:

In the late 1980s, Seaver fell in love with Diane Downs, who was serving a life sentence for shooting her three children in 1983, killing one. Seaver plotted to spring Downs from prison, then testified against her in 1990.

So, we can see that Seaver will go after someone he disagrees with “tooth and nail”. That appears to be the case in his targeting of Corey Lequieu, in that Seaver didn’t agree with what Ammon Bundy and the others were doing by occupying government property.

.Let’s now go to the present. Seaver has taken down his two previous Facebook pages, though he has a new one at “RW Seaver“. This appears to have been opened about November 22, 2016, and claims that he lives in John Day, Oregon. It appears that he has been buddying up to Sheriff Glenn Palmer.

Palmer, the Sheriff of Grant County, Oregon, was sympathetic to the occupation, this past January, at the Malheur National Wildlife Refuge. He was to be in attendance at the meeting in John Day, which was the destination of the trip that was interrupted by the murder of LaVoy Finicum.

By the apparent Modus Operandi of Seaver, it is more than likely that he is cozying up to Sheriff Palmer in an effort to treat Palmer as he had treated Portland Police Capt. Kruger and Corey Lequieu.

Rather ironically, a meme post by Seaver on his FB page tends to describe his own activities:

Seaver seems to have the longest history of those so far exposed as a spy among the ranks. He is one to stay very far away from.

Here is a picture of Seaver in his normal ‘patriot’ garb:

 

4 Comments

  1. DAVID DEILE says:

    Good investigative reporting. I hope you have notified Sheriff Palmer.

  2. […] Burns Chronicles No 48 – Robert “Rob” Seever (R.W. Seaver) #2 […]

     

Burns Chronicles No 49 – Thomas S. Dyman (Tom Dyman)

Burns Chronicles No 49
Thomas S. Dyman (Tom Dyman)

Gary Hunt
Outpost of Freedom
December 22, 2016

Thomas S. Dyman was considered for a Second Tier position in Operation Mutual Defense (OMD).  The structure of OMD had three tiers.  The First Tier is the Advisory Board.  The Second Tier is those who could assist in research; webpage management, specialty skills, or other capabilities that would work with the Advisory Board.  The Third Tier would be those recruited by the Second tier to assist them, though they would not be under the Advisory Board.

Being recommended by Ryan Payne, he had to fill out an application.  In the application, he admits that he had a criminal record and refers to a background check.  OMD never received the background check.

A search resulted in finding at least one criminal charge against Dyman.  He was arrested in 2011 for having taken his children from his first wife, back in 1995.  The children had become adults, and apparently the charges were dropped.

Dyman now lives in Williston, North Dakota and has a contracting business, Dyman Construction, LLC.

Dyman’s application was submitted to OMD on November 1, 2015, though the application is signed and dated on 10/29/16.  We have to wonder what his intentions were in responding to Payne’s request, since his first report as an informant (CS) was dated November 3, 2015.

That report was dated November 3, 2015 and began with a copy of an article on the Hammonds that had been posted on bundyranchblogspot.  Then, he began reporting on Payne’s plans.

xxxx Payne told multiple CHS’s that he and Ammon Bundy were meeting on the morning of 11/4/2015 and driving to Oregon to meet directly with the Hammonds.  The purpose of the trip was to convince the Hammonds to take a stand against the federal government, and accept OMD and militia-related assistance in preventing their incarceration. Payne indicated he and Ammon Bundy were traveling largely at the insistence of Cliven Bundy, who has been pushing Payne to take additional militia-related actions like the one he led in Bunkerville in 2014. Payne and Ammon Bundy also plan on meeting with the local Sheriff in an attempt to convince him to support their resistance and aid in the effort. They may meet with other local officials, such as County Commissioners as well.

Payne stated that he felt obligated to act in defense of the Hammonds even if they do not request OMD’s assistance. Payne compared the situation to preventing a suicidal man from killing himself. Payne has suggested that if the Hammonds refuse to make a stand at their ranch, OMD should lead a “dynamic action” against the facility receiving them (presumably a prison or U.S. Marshals Service facility) to make it impossible for the Hammonds to turn themselves in.

It should be noted that OMD has recorded all of its Advisory Board meetings where the Hammond situation has been discussed. Payne xxxx and Ammon Bundy intend to record their meeting with the Hammonds, as well as an OMD meeting regarding the matter on Thursday November 5.

.

The following day, November 4, he provided an additional report based upon his communications with Payne, though it is nearly identical to the first report.  Does he know that he will be paid by the report, and that informing pays better than contracting?

Ryan Payne contacted CHS xxxx to advise that he is traveling to Oregon with Ammon Bundy in an attempt to convince two ranchers to accept militia assistance to resist the federal government. Payne intends to meet Ammon Bundy on the morning of November 4 in southern Idaho and travel together to meet with a father and son by the last name of Hammond in Oregon. The Hammonds were recently sentenced to prison in a case involving the Bureau of Land Management (BLM), and Payne feels the criminal case against them is unconstitutional. He has talked to the father, who seems resigned to his fate, but Payne hopes he and Ammon can convince him to accept Operation Mutual Defense (OMD)’s assistance and fight the government. He and Ammon intend to tell the Hammonds that they will have militia forces in place to back down the government if they intend to fight.

Payne claimed that Cliven Bundy has been pushing him to do some kind of militia-related action again soon, and has encouraged Ammon to travel with Payne to encourage the Hammonds to formally request militia assistance. Payne xxxx would be running around like crazy for a few days, and intended to meet with the local Sheriff in Oregon as well as the Hammonds.

In the event the Hammonds fail to accept Payne’s offer of support, he still feels inclined to act to save them from incarceration. He intends to explore options to use militia force to make the Hammond’s self surrender to federal prison impossible. He feels he and OMD have an obligation to prevent their incarceration, and is committed to taking whatever steps are necessary to do so. Payne said that this was one of the most difficult decisions OMD was going to have to wrestle with,

The next report was on November 12, 2015, and is obviously a report on a conversation he had with Payne.

Payne and Hunt worked xxxx on OMD-related matters, as they prepared for the opening of the group’s website, and formal introduction of OMD to the public. The OMD website is being set up by a man who lives in Arizona or Nevada.

Prior to visiting Hunt, Payne was in Oregon with Ammon Bundy, where they were trying to convince the father and son rancher by the last name of Hammond to resist arrest by the federal government. Payne believes the Hammonds are beaten down, and intend to surrender despite the militia’s offer of assistance. Payne and Ammon Bundy also met with the local sheriff in Oregon, and believe he would stand by and allow the militia to protect the Hammonds from the feds.

So, it is clear that Payne’s whereabouts are being fed to the fed.  Here is the November 25 report.

As of November 25, 2015, Ryan Payne was in Montana, but was planning on traveling to Oregon on Monday, November 30. The Advisory Board for Operation Mutual Defense (OMD), has voted against declaring a formal action to protect the Hammond family in Oregon, but Payne is still committed personally to keeping the Hammonds out of prison. OMD board member Jon Ritzheimer has told Payne that he will also be traveling to Oregon to join him in the Hammond-related operation. Payne believes he has also received commitments from several other militia-related individuals to travel to Oregon to defend the Hammonds.

Payne now believes the Sheriff in Oregon does not intend to support Payne in his effort to defend the Hammonds. Payne also claims the federal government has threatened the Hammonds to prevent them from associating with Payne or requesting militia help. Payne described himself as a sheep dog, who must defend the sheep (the Hammonds), even though they don’t know they require defending. Although Payne did not explicitly state his intentions, it was clear to CHS that Payne intends to use military-style force to prevent the federal government from arresting the Hammonds and taking them to prison. Payne did not say what he would do if the Hammonds traveled to voluntarily turn themselves in at a federal facility.

Because the Hammonds have not given Payne or the militia permission to stage an operation on their property, Payne intends to camp out on the public land surrounding the Hammond property. Payne appears to have borrowed money from unknown sources to finance his operation in Oregon. He has indicated he will need to obtain employment after the New Year to pay some of this money back. Because of the Oregon operation, Payne no longer is planning on traveling to Arizona to participate in border related training with OMD in December.

Payne is attempting to acquire Level IV body armor for his operation in Oregon, and wants a Montana militia associate, who is also a body armor supplier, to personally deliver this armor and other supplies to Oregon during the first or second weekend in December. Payne is contacting others who will be responding to Oregon to see if the would like to obtain new body armor from this supplier as well. xxxx CHS believes Payne will be responding to Oregon with his AR-style rifle, other firearms, and full load out of ammunition and magazines.

The next report was made on December 14, 2015.

On the morning of December 14, 2015, Ryan Payne and Jason Patrick were in Seattle on the way to the federal courthouse to attend Schuyler Barbeau’s detention hearing. They want to look the terrorists (meaning the FBI) in the eyes. Patrick expects he will be arrested, but Payne is under strict instructions not to get arrested, as he is supposed to be at a meeting in Harney County, Oregon, regarding the Hammond matter on the evening of December 15.

Payne has been camping with Jason Patrick and others in Harney County near the Hammond Ranch. One of Payne’s teams had to pull out because they were not equipped for the winter conditions in Oregon; however, Payne believes others are on standby to respond quickly to the ranch if needed. He also believes they will be moving into a different facility soon, making winter camping unnecessary. Lack of funding is also a serious issue for the Hammond operation.

Payne believes the crucial militia operation in Oregon will occur around Christmas. He is expecting supplies to arrive from Montana during that time frame, including body armor, firearms, ammunition, night vision, and gear. He also will be expecting more militia associates to start joining him in Oregon around that time.

Despite the challenges presented by weather and lack of resources, Payne is confident that “the time has come,” meaning his much awaited conflict with the government will commence soon. He believes God is bringing this all together perfectly.

Next, we have December 16

On December 16, 2015, Payne contacted CHS to advise that the previous evening’s meeting in Harney County went very well. He was ecstatic, and repeatedly commented that God appeared to be bringing things together very nicely. Payne claims there were approximately 60 people at the meeting, and all were very supportive of the Hammonds. All but one of the people voted to form a Committee of Safety, and seven people were elected to be on that Committee.

Payne seemed pleasantly surprised by the support he received from the people of Harney County, and is having to readjust what he thought would be solely a militia-based effort to protect the Hammonds. He xxxx that it is not necessary for supplies and additional people to be sent to immediately to Harney County xxxx but suggested everyone needed to be ready to respond quickly. He said the militia response would definitely be needed, but just not in the next two weeks.

Payne is turning his efforts toward the Committee of Safety, and the local community rising up to protect the Hammonds on their own. Payne is optimistic that the townspeople may now be able to convince the Hammonds to take a stand against the government, and solicit the help of the militia.

Payne xxxx still was not getting much support from the leaders of the Pacific Patriots Network (PPN), but had received several promises of support from individual PPN members.

The following day, December 17, we have:

On December 17, 2015, Ryan Payne called CHS to request CHS’s support and travel to Burns, Oregon, to provide security for Payne and the Committee of Safety (COS) which had recently been formed in Harney County. Payne indicated that the COS had met for the first time that day, and he had received reliable information that the federal government was planning on trying to arrest Payne and the members of the Committee of Safety within the next few days. Payne requested that CHS travel to Oregon with others to provide a ten-man security detail for Payne and the COS to prevent their arrest. Payne advised that he was also contacting xxxx  militia associates, xxxx  to ask for their assistance.

Next, we have the first report after the occupation of the Malheur National Wildlife Refuge, on January 4, 2016.  It appears that Dyman was involved in soliciting others to participate in the occupation.

Randy Eaton now thinks that it is important to support Ryan Payne’s efforts in Oregon. Eaton was initially against seizure of the refuge building in Oregon, but now believes it is time to support Payne and his associates in Oregon against the feds. Nic Whiting, xxxx  would like to go to Oregon to join Payne as well.

Apparently, Dyman recalled an earlier request made by Payne and now includes that in his reporting.

On December 17, 2015.  Payne sent CHS a link to a website advertising a Element DBAL-D2 red Dot Aiming Laser with IR LED Illuminator Dark Earth. The features listed for this device indicate it can be placed on a 20 mm rail system, and is capable of Infrared illumination and Night Vision observation. In a text accompanying the link, Payne said, “Have you seen these? Get 10. Iol”

On January 5, 2016, Payne learns that Dyman is not willing to travel to Burns.  Apparently, as with Dennis Dickenson, Payne was led on thinking that Dyman was going to come when the time to act came.

Payne indicated he understood he could not count on CHS, and would pursue some other avenues. Payne xxxx has been conducting operations for over three years, including the Bunkerville matter and what is going on in Oregon, and law enforcement has never messed with him.

On January 11, 2016, Dyman repeats that he will not be going to Oregon.  Apparently, Payne finally realized that Dyman was a man of words, not of actions.

CHS told Ryan Payne CHS would not be coming to Oregon to provide supplies, ammunition, and support for Payne’s operation at the wildlife refuge. CHS told Payne CHS was concerned about a recent visit CHS had received from county law enforcement, and the FBI or other officials might attempt to hamper CHS’s travel to Oregon. Payne indicated he understood that he could not count on CHS, and would pursue some other avenues. From several prior conversations, CHS knows that Payne believed CHS might be able to supply body armor, night vision, armor piercing ammunition, rifles, and other equipment. Payne told CHS he has been conducting operations for over three years, including the Bunkerville matter and what is going on in Oregon, and law enforcement has never messed with him. Payne angrily ended the exchange. CHS understood from Payne’s comments that their relationship is now severed.

Now, to provide a little more background, when I wrote Dennis Dickenson (Dennis Jones, you see that FBI Special Agent Mark D. Seyler is listed on a report.  That report is on FBI Form FD-1057.  I have done some research and found that the 1057 form is the results from a search of the government database, based on keyword search criteria.  It appears that Ryan Payne was probably the search request.

11/04/2015

Drafted By: Mark D. Seyler
Case ID:  xxxx
Collected From:  xxxx
Receipt Given?: No
Holding Office: SALT LAKE CITY

Details:

Operation is a militia-related network founded by Ryan Payne and xxxx.  xxxx Details concerning OMD’s current status and development can be found in the referenced EC # xxxx.  In summary, Payne was the leader of OMD’s precursor organization Operation Mutual Aid, when he helped to instigate the militia response to the Bundy Ranch event in April 2014. He served as Militia Coordinator for the Bundy Family during the standoff against the Bureau of Land Management (BLM), and is seeking to instigate similar such standoffs against the government through OMD.

The entire 1057 is 6 pages long and gives a detailed account of the workings, and information obtained by Dickenson, of the Operation Mutual Defense (OMD) Advisory Board.  The 1023 forms for Dickenson and Dyman are the only two out of the total 15 reports that have this 1057 in them.  This ties both parties to OMD, and both had submitted the required applications to OMD.

There can be little doubt that these two were recruited to report on OMD, as well as any other information they could obtained from that association.

Tom Dyman is CHS #9, and is an outside informant.

 

NOTE:  If anybody has a picture of Tom Dyman, I would appreciate being provided a copy so that we all know what this informant looks like.

 

 

4 Comments

  1. Arthur says:

    Gary,

    Are you going to publish these government forms?

    • ghuntghunt says:

      Absolutely not. First, there were conditions set by my source. Second, each document is clearly marked, “Dissemination Limited by Court Order”. Though I don’t see that I am bound by the Court Order, I have agreed not to disseminate them. Now, as to whether the source disseminated them, I think not. That is because of out agreement that I would only excerpt from hem, and that is all that I intend to do.
      There are many that question whether I am falsely representing what they say. That is their prerogative. All of us read things. When we are finished reading, we decide whether we believe them, or not.
      I stand behind what I have written, and I am willing to discuss them with the subjects, on Internet radio, if they prefer. However, exception of McConnell, none of even declared their innocence, at least t te best of my knowledge.
      I will state that all that I know from my investigation is not necessarily included in my articles. Perhaps, if they know that, it would explain their silence.
      I find myself, once again having to deal with my accusers, however, I don’t run from it — I take it head on.

      • Constitutional Truth says:

        Well said Gary! Journalists are under not obligation to print ANYTHING given to us; and certainly not in its entirety. However, we ARE obligated to shield our sources zealously. For that I applaud you. Journalistic integrity is such a rare thing as to be nearly extinct.
        Thank you for all of your hard work. I dare say that without your hard work and diligence, we’d not know who these informants are (other than Mark), and it really is important that we do. Not so that we as a community can seek revenge, rather so that we can attempt to shield ourselves against them and future CHS as we are able.

  2.  

Burns Chronicles No 50 – Informants – What to do About Them #2

Burns Chronicles No 50
Informants – What to do About Them #2

Mark McConnell
Merry Christmas, Mark

Gary Hunt
Outpost of Freedom
December 25, 2016
Merry Christmas, Mark McConnell

The matter of informants, and the government’s efforts to protect the names of those who have snuck into our midst is a denial of justice and to some degree, the Sixth Amendment right “to be confronted with the witnesses against him.”

Now, we can look at what the government wants us to believe. We can also look at what common sense dictates that the Framers of the Constitution meant. Just because a person doesn’t take the stand in court, when that person has provided information to the government, upon which the government builds its case, he has witnessed against the accused. The defendants, then, had every right to confront that “witness”, as he is privy to what he saw, what he heard, and what he said to the government. He is as much a part of the case against the defendant as the person who takes the stand, takes an oath, and testifies. Quite often, he is the justification for a search or arrest warrant to be issued, or a criminal indictment to be brought, before the court.

However, when that ‘witness’ is hidden from the defendant, the defendant is denied information that may aid him in a proper and fair defense. In some cases, their testimony might provide exculpatory evidence, testimony that might prove his innocence, that would undermine the contrived case made by the government.

With the recent trial of Ammon Bundy, et al, we can begin to put together a picture of the injustice and the dishonesty of the government’s pretext for hiding such “witnesses.”

We will begin with a partial trial transcript of the trial on October 17, 2016:

THE COURT:

I would like to start first with Ms. Harris’s motion with respect to the identity of a witness. [Some of] the defendants have subpoenaed, it’s Docket No. 1443, And it is really a subset of the larger issue raised both by Ryan Bundy in previous filings and by Ammon Bundy in his motion to compel 1423. Before, I received Ms. Harris’ filing, which I only received this morning about 7:00 a.m. it showed up in my system, I had emailed to the parties my preliminary conclusions having reviewed, in camera, the unredacted reports related to the so-called CHSs confidential human sources, 15 different individuals, 112 reports, and I conveyed in that email to the parties that I have compared the redacted to the nonredacted reports and according to the applicable standard, did not find any basis to disclose the identity of those 15 confidential human sources. I observed to the parties that as I compared the redactions from the unredacted material, I really didn’t find any substantive significance. The redactions primarily looked to me as necessary to protect the identity of the informant, and so with respect to that general review, I conveyed to the parties my intention was to deny the motion generally.

Then came in Ms. Harris’s motion on behalf of Ms. Cox with respect to a very particular one of those 15 confidential human sources, identified in her motion as number two, as to whom I have the redacted and unredacted materials. That was one person’s records I went through.

The motion indicates that the defendants have found the actual CH#2 who was known to the — who went by an alias, according to this motion, of John Killman. K-I-L-L-M-A-N. And so the motion goes on to argue why it’s relevant, first of all, for the defendants to call this person whose alias is John Killman and to introduce evidence from his personal knowledge of observations he made at the refuge.

And I presume defendants already know his true name in that they — Ms. Harris tells me in this filing that he’s been subpoenaed in his, is physically present, and needs to testify first thing because of other issues in his life.

We can see that the identification of the informants is a primary concern of Judge Anna Brown. Next to speak is one of the Government attorneys.

.

BARROW: Good morning, Your Honor, the government’s position is that the filing of ECF 1443 doesn’t change the analysis. If this whole issue of disclosure of informants had been filed in a timely manner, say in August, of this year, the government would have asserted the informant’s privilege and would have said we weren’t obligated to disclose the identity of any informants and would have, through that mechanism, tried to keep the defense from putting informants on the stand.

What has happened now is that the defense believes that its identified an informant and believes that somehow that triggers some obligation for the government to confirm his status and his identity and we simply don’t think that that is the way the law works. We’re [intending] to preclude the defense from calling anyone. We don’t believe we have that ability, but requiring the government to somehow confirm defendants’ suspicions would similarly be a way around the Roviaro [decision] in the informant’s privilege.

Mr. Barrow mentions the Roviaro decision with regard to “informant’s privilege”. So, it behooves us to know just where this privilege comes from and why.

The Roviaro decision, Roviaro v. United States 353 U.S. 53 (1957), dealt with an informant, “John Doe”, who had purchased narcotics from Albert Roviaro.  Roviaro then moved for a bill of particulars requesting, among other things, the name, address and occupation of “John Doe”. The Government objected on the ground that John Doe was an informer and that his identity was privileged. The motion was denied.

Now, drug dealers are notorious for violence, even murder, to protect themselves. So, it is understandable that in those circumstances, the identification of the informant was protected, for his personal safety.

However, Mr. Barrow gave away his hand, in the first paragraph of what he said, above, when he stated, on the record, that it “would have, through that mechanism, tried to keep the defense from putting informants on the stand.” Quite simply, he did not want the informants to testify. In fact, no informants, though paid, or at least compensated for expenses, by the government, were called, even though we know that there were 15 of them.

Here are a couple of quotes from the Roviaro decision:

The purpose of the privilege is the furtherance and protection of the public interest in effective law enforcement. The privilege recognizes the obligation of citizens to communicate their knowledge of the commission of crimes to law-enforcement officials and, by preserving their anonymity, encourages them to perform that obligation.

Well, if a passing observer reports something amiss to the government, I can see that there might be a question of whether providing information about the informant would serve any useful information to the defense. But, this is not the type of informant we are addressing. This would be more along the lines of someone who was interviewed, though the form for that type of interview is the FBI form 302, where a report of a casual interview develops information. It is far different than the form 1023, which is titled “CHS Reporting Document”, and is based upon a contractual agreement, including expenses and compensation, legally making the informant a temporary agent of the government, however not required to identify themselves as such.

Then, we have the Court telling us:

We believe that no fixed rule with respect to disclosure is justifiable. The problem is one that calls for balancing the public interest in protecting the flow of information against the individual’s right to prepare his defense. Whether a proper balance renders nondisclosure erroneous must depend on the particular circumstances of each case, taking into consideration the crime charged, the possible defenses, the possible significance of the informer’s testimony, and other relevant factors.

Now, since two informants testified for the defense, how can it possibly be the determination of the prosecuting attorney as to whether the informant would serve as “the individual’s right to prepare his defense“, as was proven with regard to “the possible significance of the informer’s testimony.”

On to the meat of the whole argument:

Once an informant is known the drug traffickers are quick to retaliate. Dead men tell no tales. The old penalty of tongue removal, once visited upon the informer Larunda, has been found obsolete.

Of course where enforcement of a nondisclosure policy deprives an accused of a fair trial it must either be relaxed or the prosecution must be foregone. The Government is fully aware of this dilemma and solves it every day by foregoing prosecutions in many cases where evidence essential to the defense would require disclosure. But this is not such a case.

Here, then, is the distinction between selling drugs and waving the Constitution. The simple fact that the Second Amendment right was also exercised does not allow that right, the presence of firearms, to denigrate any other portion of the constitutionally protected rights.

If the government cannot afford the right to a fair trial, which they did not do in the first Portland trial, then the subsequent prosecution of the remaining defendants “must be foregone.”

There remain eight unidentified informants. If they are not disclosed, then the government would be in violation of the very Supreme Court decision (Roviaro) that they used to argue their right to not identify the informers.

As far as the government and informants, it seems that Congress has trouble even finding out to what extent informants are used by the various investigative agencies of the government. In recent “House Oversight & Government Reform Committee hearing“(video 6:22), Rep. Stephen Lynch (D. Mass.) points out that the Drug Enforcement Administration (DEA) has 18,000 informants “out there”, spending $237 million last year. The FBI is not included in that figure, though Lynch suggests that the FBI budget is comparable to that of the DEA.

Now, perhaps, there is justification for the DEA to both use and protect their informants, since they are dealing with people that have a high propensity for violence. At about 5:10, Thomas Blanton, George Washington University, makes the point that serious threat, or current investigation, are the only roles for the protection of informants.

So, let’s look at the situation involving the events in Burns, Oregon, this past January and February. There is no threat, as Barrow suggests, and the investigation is over. So, that investigation is not current, but under the guise of risk to informants, the Judge upheld the government position.

During the trial in Portland, on September 21, 2016, government prosecutor Gabriel intentionally elicited testimony from Oregon State Police Officer Beckert that exposed Mark McConnell as an informant for the FBI during the occupation of the Malheur National Wildlife Refuge. So, was there a concern for the safety of a government informant? The intentional exposure defies any consideration of concern for McConnell’s safety. So, apparently, Roviaro had no justification in being applied in McConnell’s case, why would it be of concern with regard to any other informant?

During the course of the trial, two more informants came out of the cold. First was Terri Linnell, who contacted defense attorneys so that she could testify on behalf of the defendants. Then came Fabio Minoggio (aka John Killman), who was found by the diligence of the defendants and their attorney investigators.

Since that time, not one of the informants has been subjected to any harm, though one has been subject to considerable verbal abuse on the Internet.

Since the end of the trial, three additional informants have been exposed. They have not been subjected to death threats, or in any way subjected to any physical harm.

On the contrary, we have one of the informants who has threatened one of the defendants. Deb Jordan has provided a thorough and documented explanation of this threat in her article, “Informant Mark McConnell Receives Surprise Christmas Gift From Activist Jon Ritzheimer“. However, briefly, this past October 11, Jon and some friends were at a restaurant. McConnell found out that Jon Ritzheimer was there, so he went to the restaurant with his girlfriend and threatened Jon, attempting to get him into a fight.

Suffice it to say that those who wave the Constitution are no threat, at all. However, government informants do pose a threat, and should be exposed for what they are — spies upon the American people who are doing no more than exercising their rights — Something that should never be tolerated in this once great country of ours.

 

List of informants exposed, to date, and associated articles:

Burns Chronicles No 32 – Terri Linnell (Mama Bear)

Burns Chronicles No 40 – Allen Varner – Wolf

Burns Chronicles No 41 – Dennis Dickenson (Dennis Jones)

Burns Chronicles No 42 – Fabio Minoggio (John Killman)

Burns Chronicles No 43 – Terri Linnell (Mama Bear) #2

Burns Chronicles No 44 – Mark McConnell

Burns Chronicles No 45 – Mark McConnell #2

Burns Chronicles No 47 – Robert “Rob” Seever

Burns Chronicles No 48 – Robert “Rob” Seever (R.W. Seaver) #2

Burns Chronicles No 49 – Thomas S. Dyman (Tom Dyman)

 

11 Comments

  1. D3 says:

    On Christmas Day I discovered my 17 year old niece is working as a snitch for the Food & Drug Administration. Her “job” ? To attempt to buy cigarettes from stores the FDA targets.

    Her parents see nothing wrong with having a fedgov informant living in their midst. Is there anything the scum of government won’t stoop to ?

  2. Constitutional Truth says:

    “and we simply don’t think that that is the way the law works.” – Barron.
    “The purpose of the privilege is the furtherance and protection of the public interest in effective law enforcement. The privilege recognizes the obligation of citizens to communicate their knowledge of the commission of crimes to law-enforcement officials and, by preserving their anonymity, encourages them to perform that obligation.” Rovario case.
    Yep, Barron et al simply “don’t think” that the way the laws are written and interpreted by SCOTUS or other higher courts apply. Surprise, surprise, surprise. It isn’t their role (prosecutors) to interpret laws as they see fit; rather they are to apply said law(s) as written and established. One simply does not attempt to fit a size 9 shoe onto a size 13 foot, unless one is an agent of the federal government.

  3. Oregon Nunarc says:

    So do you hate all informants, like the ones that help reduce organized crime, drug dealing, gangs violence, gov. corruption, human trafficking, etc? Or just the informants that inform on the armed faggos that occupied MY bird sanctuary?
    I don’t care for you, Hunt.
    Reading all your chronicles has really inspired me to infiltrate whatever local holy warrior group that looks most mentally imbalanced, and divinely entitled to ignore the law.

  4. helpful55 says:

    I don’t think there is any question whether informants being protected from the trial proceedings is a violation of due process. The only reason it is, is because of the unconstitutional rulings that have significantly eroded due process. Every step of any investigative process should be available for inspection by the accused. Sometimes the only reason for charges are because informants have invoked someones name. Even if they are inserted to a suspected criminal situation to be used as informants their evidence, including subjective evidence is part of all that goes on possibly leading up to charges. They are just as integral a part of charges as uniformed or credentialed agents. Just like your 2nd Amendment, no exceptions.

  5. […] that he was pleased with the election results. We discussed the Roviaro decision (See “Informants – What to do About Them #2“) and I wondered, aloud, why the government chose to intentionally out Mark McConnell when […]

  6. O2 says:

    “Once an informant is known the drug traffickers are quick to retaliate. Dead men tell no tales.”

    Interesting that the federal government is using a rationale developed for protecting its informants (employees) in one unconstitutional encroachment (the War on Drugs) to prosecute a case in another unconstitutional encroachment (Federal ownership of what should be state lands). Unlawful precedents, one piled on another. It’s hard to imagine the Constitution is in effect any more; we seem to be getting back to what happened in the Spanish Inquisition instead.

  7. […] is also beginning to bore me, we get into some rather interesting stuff.  As I made clear in “Burns Chronicles No 50 – Informants – What to do About Them #2‘, the US Attorney referred to Roviaro v. United States, 353 U.S. 53 (1957) (Gee, I get my turn to […]

  8. […] also beginning to bore me, we get into some rather interesting stuff.  As I made clear in “Burns Chronicles No 50 – Informants – What to do About Them #2‘, the US Attorney referred to Roviaro v. United States, 353 U.S. 53 (1957) (Gee, I get my […]

BURNS CHRONICLES ARCHIVED (31-40)

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

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

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

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

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

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

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

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

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

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

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

.

Barrow’s ad Hominem fallacy is compounded when in his Response (1295) to an Ammon Bundy Motion, he says:

Like defendant Shawna Cox in her Motion for Judicial Notice (ECF No. 1245), Ammon Bundy also relies on Mr. McIntosh’s Declaration (ECF No. 1252), which espouses the same faulty adverse possession theories.

Let me repeat, Shawna Cox, in her Motion, never mentions adverse possession, she simply seeks Judicial Notice of a fact consistent with the record that the government provided, that the land had not been ceded back.  Now, at this point, you have to begin to wonder if the Judge and prosecutors are conspiring to set things up to avoid taking such a critical Judicial Notice.  After all, they have no idea how the jury will take such an admission of no jurisdiction.

Next, we have the Judge siding with the erroneous argument given by Barrow when she files her “Order Taking Judicial Notice of Federal Ownership of the Malheur National Wildlife Refuge…” (1317).  In that Order, she states the following:

II. Ammon Bundy’s Emergency Motion (#1248) to Enjoin Prosecution and Shawna Cox’s Arguments in her Response (#1245) to the Government’s Motion (#1229) for Judicial Notice Regarding Ownership of the Malheur National Wildlife Refuge Headquarters Area

Defendant Shawna Cox filed a Response (#1245) to the government’s Motion on September 12, 2016. In that Response Cox acknowledges the government has demonstrated it owns the land in question, but, nonetheless, she contends the government does not have any regulatory jurisdiction over that land because it did not obtain the consent of the Oregon State Legislature as required by the Enclave Clause of Article I, Section 8, Clause 17 of the United States Constitution. Related to Cox’s arguments, Ammon Bundy requests in his Emergency Motion (#1248) to Enjoin Prosecution that this Court reconsider its previous orders denying Ammon Bundy’s Motions to Dismiss for Lack of Subject Matter Jurisdiction on the basis that the record now clearly reflects that the property on which the MNWR headquarters sits was not part of the land the federal government has owned since before Oregon statehood, but instead was acquired from the Eastern Oregon Land and Livestock Company in 1935.

Well, at least the Judge read Cox’s motion correctly and did not assert that it denied ownership, as Barrow did.  However, when we read the entire Order, she does relate Ammon’s Motion to Cox’s argument, and then denies Ammon’s Motion.  However, at this point, she has not denied Shawna’s Motion (1245), nor has she taken Judicial Notice.

So, on September 22, 23016, Shawna filed a “Motion to Reconsider Order Taking Judicial Notice, in part” (1322), in order to attempt to force the Court to take Judicial Notice that the land had not been ceded back to the government.

In the denial of Ammon’s Motion (1317), the Court cited Kleppe v New Mexico 426 US 529 (1976).  Apparently, Barrow did not read the decision; he probably simply resorted to Key notes.  As Shawna states in her Motion:

The government offers Kleppe v. New Mexico, 426 U.S. 529, 543 (1976) to support their broad contention of jurisdiction un Article IV, § 3, clause 2, however, Kleppe addressed jurisdiction over land that had not been transferred out of the government’s ownership, and to that, there is no contest. Kleppe merely attached the federal jurisdiction to the burros, whether on, or off of, the public landsThis is akin to the parent’s jurisdiction over the child, both inside and outside of the home. It is only for the return of the burros, and of the children. It does not carry with it a jurisdiction over the land where the burros roam, except to the extent of the right to retain ownership of the burros, and obligation to remove them, when so notified. Kleppe addressed an Act of Congress appropriately titled “Wild Free-roaming Horses and Burros Act”, as it applied to the presumption that the home of the burros was the public lands, and they had simply decided to wander away from that home. It did not apply to burros that were raised and branded by a private owner.

Then, in referring to the rather feeble substance of the same Order, she responds to the footnote on page 6 that the Court seems to present as authoritative when she says:

The Order cites, in footnote 1, page 6, that “at trial Harney County Sheriff David Ward testified the state exercised jurisdiction over the MNWR concurrently with federal jurisdiction over those lands.” That does not meet the statutory requirements set forth in 40 US Code § 3112. It can be considered to be nothing more than an unfounded opinion, not support by any factual proof.

Now, to support what she had stated, she offered an existing statute that should put the whole matter to rest.  She cited 40 US Code § 3112 (b) & (c):

(b) Acquisition and Acceptance of Jurisdiction. – When the head of a department, agency, or independent establishment of the Government, or other authorized officer of the department, agency, or independent establishment, considers it desirable, that individual may accept or secure, from the State in which land or an interest in land that is under the immediate jurisdiction, custody, or control of the individual is situated, consent to, or cession of, any jurisdiction over the land or interest not previously obtained. The individual shall indicate acceptance of jurisdiction on behalf of the Government by filing a notice of acceptance with the Governor of the State or in another manner prescribed by the laws of the State where the land is situated.

(c) Presumption. – It is conclusively presumed that jurisdiction has not been accepted until the Government accepts jurisdiction over land as provided in this section.

That should have been the end of the matter, and the Judge should have taken Judicial Notice, since there was no argument, or document, that established any ceding back to the government over the lands where the headquarters buildings were situated at MNWR.

But, the persistent Queen Judge was determined that truth was not a factor, and that she was not going to allow the jury even to begin to believe that possibly the government had no jurisdiction over the land in question.  She was committed to using her power to assure a conviction, with no regard for Justice.  So, now the ball is back in Queen Judge’s Court, on September 22, 2016, she files another “Order Taking Judicial Notice of Federal Ownership of the Malheur National Wildlife Refuge” (1327).

In that Order, she incorporates both of Shawna’s Motions:

The Court has now reconsidered the entire record on these matters, which includes the following…

** *

Defendant Shawna Cox’s Motion for Judicial Notice Regarding Ownership & Ceding of the MNWR Headquarters Area1;

                        1 The government did not file a reply in support of its Motion (#1229) for Judicial Notice.

She does acknowledge that the government never did file a reply to the challenges to the initial request for Judicial Notice of Ownership, probably, because they can find no rational argument.  So, this leaves the entire responsibility, not on the Prosecution, but on the Queen Judge Brown.  What is supposed to be an adversarial proceeding, where there are two sides, and the judge’s duty is to assure fairness and justice, is now turned into a situation where the judge has become the adversary to the Defendants.  So, the judge exempts the Prosecution from having to respond:

In addition, on September 22, 2016, Cox filed a Motion (#1322) to Reconsider Order Taking Judicial Notice. Although Cox’s Motion to Reconsider related to the Court’s now-withdrawn Order (#1317), the Court, nevertheless, has reviewed Cox’s arguments therein and considers them as part of the record on these Motions. Accordingly, the government need not file a response to Cox’s Motion (#1322) to Reconsider.

She then “DENIES Defendant Shawna Cox’s Motion (#1322) to Reconsider Order Taking Judicial Notice.”  However, she never denied Shawn’s first Motion to take Judicial Notice.

She then cites the authority for taking Judicial Notice:

“Federal Rule of Evidence 201(b) permits judicial notice of an adjudicative fact that is ‘not subject to reasonable dispute in that it is either (1) generally known within the territorial jurisdiction of the trial court or (2) capable of accurate and ready determination by resort to sources whose accuracy cannot reasonably be questioned.”

Well, apparently, it is not “generally known”, or a blind eye has been turned to the fact, or, the Court expects Shawna Cox to prove a negative.  Or, as Shawna put it in her Motion (1322):

It is impossible to prove negative, and for that reason, 40 US Code §3112 sets the standard for proof that there exists a jurisdiction, whether exclusive or concurrent. Any determination to the contrary is Arbitrary and Capricious.

For whatever reason, the docket then shows the same Motion (1322) that Shawna filed on September 22, filed again on September 26 (1344).  However, Shawna’s signature is dated September 22, 2016.  There is no explanation as to why this document was filed, in identical form, 4 days later, and after the Court’s Order of September 22.  Perhaps, in an effort to cover up the misdeeds of government, the Court and Clerk are getting overwhelmed and confused in trying to obfuscate the issues brought up by the Defendants.

In a final assertion of her authority, even though the Prosecution never contested Shawna’s motions, Queen Judge Brown chops the head off of her victims in a Minute Order (1350), dated September 27, 2016 (repeating what had already been stated) which states:

ORDER by Judge Anna J. Brown as to Shawna Cox (7). The Court DENIES Defendant Shawna Cox’s Motion [1344] for Reconsideration, which is identical to her Motion [1322] for Reconsideration that the Court denied in its Order (#1327) Taking Judicial Notice of Federal Ownership of the Malheur National Wildlife Refuge. 40 U.S.C. § 3112 does not deprive the federal government of jurisdiction over the Malheur National Wildlife Refuge (MNWR) because, as owner of the MNWR, the government may lawfully exercise jurisdiction pursuant to the Property Clause of Article IV, Section 3, Clause 2 of the United States Constitution. See United States v. Bohn, 622 F.3d 1129, 1133-34 (9th Cir. 2010). (bb)

Interestingly, however, it appears that the Judge never denied Shawna’s original Motion for Judicial Notice (1245), though she never did grant the requested “Judicial Notice”.  She only denied the Motion for Reconsideration (1322 & 1344).

Regardless, there is a significant, un-convoluted, matter for the Appellate Court, as to whether Federal Jurisdiction exists at the MNWR.

So, regardless of a statute (40 US Code § 3112) and no case law to the contrary, the Queen Judge has shown total contempt for the laws and her judicial obligation for justice, in her rulings in this matter.  Her obsession with keeping her schedule and upholding, not the rule of law, rather, the rule of the government, are so clearly demonstrated in the above sequence, that we can clearly understand that law and justice have vacated the Mark O. Hatfield U.S. Courthouse, in Portland Oregon.  All that remains are injustice and some patriotic political prisoners.

 

5 Comments

  1. The 13th Amendment is now and has been since 1812 a valid part of the constitution for the united States of America. The courts the congress since 1812 have not been in compliance with the Laws if this country. and this point is demonstrated by these non-citizens running this court. Every attorney and the judge in this court holds a title of nobility and has ceased to be a citizen and is incapable of holding any office of trust or profit. Since 1812 there has been no valid congress because since 1812 there has been a person or persons in one house or the other or both of congress who have held titles of nobility. There have been not valid amendments to the constitution adopted. There have been no states properly added to the union. There have been no valid laws passed. The Attorney General holds a title of nobility and serves unconstitutionally. Since 1812 the supreme courts of most of the states are required to be members of the British Accreditation Registry and hold the title of “Esquire”. These courts including this court in the Malhuer Refuge case, are unconstitutionally staffed. If we are a nation of laws, if the laws mean anything, then tis point of law must be corrected before we as a people can move forward. We are and have been since 1812, not in compliance with the law. This is our constitutional crisis. The people in this case or in any case can not and will not get a fair trial until this can be corrected.

    “If any citizen of the United States shall accept, claim, receive, or retain any title of nobility or honour, or shall without the consent of Congress, accept and retain any present, pension, office, or emolument of any kind whatever, from any emperor, king, prince, or foreign power, such person shall cease to be a citizen of the United States, and shall be incapable of holding any office of trust or profit under them, or either of them.” [Journal of the Senate]

  2. Diane Ransomsays:

    Article IV Section 4 is being violated by the very court and government it’s self. I call domestic violence on the Land by The Government who in the same Article Section 3 is doing nothing needful in regulating Oregon or the United States. Where is Congress?

  3. […] XXXI. Public Lands – Part 3: The Queen has Ruled Off with Their Heads [9/29/16] […]

  4. […] Burns Chronicles No 31 – Public Lands – Part 3 – The Queen has Ruled – Off with their Heads […]

  5. […] Burns Chronicles No 31 – Public Lands – Part 3 – The Queen has Ruled – Off with their Heads […]

     

Burns Chronicles No 32 – Terri Linnell (Mama Bear)

Burns Chronicles No 32
Terri Linnell (Mama Bear)

terrilinnell

Gary Hunt
Outpost of Freedom
October 12, 2016

{October 6, 2015}

On Friday, September 30, 2016, I received a phone call from someone I had spoken with before.  This call, however, brought to light the extent of the government’s efforts, often misguided, to do what the country used only to do to foreign nations and enemies.  Now, it has become a modern practice of government to pay people to infiltrate and inform.  It works even better when infiltration is not necessary, as that person is already considered a member of the community that is the target of the spying.  Now, that is a rather harsh word, but the tactics of government can be considered nothing less than any other form of spying, throughout the ages.

Nowadays, they have access to almost all electronic media, where the can grab phone conversations, emails, Facebook pages, and any other internet communications.  They have parabolic microphones that can listen to conversations from over 100 yards away.  They have bugs, electronic listening devices that require no wiring and have a battery life of days, weeks, or even months.

They still, however, want someone who can testify, when necessary, and gather information that is not random, as with other methods, but can be directed, by asking questions.  And, this is about one of those human resources, aka “CI” or confidential informant.

That phone call and some email correspondence eventually resulted in a  quasi-affidavit as to the role that this person played in the recent events of Burns, Oregon.

Now, don’t jump to conclusions.  It is rather ironic that the government subsidized a patriot’s trip to Burns to cook for the very people that were to be spied upon.  All expenses were paid, and at the conclusion; a cash windfall was also provided.

But, let’s hear the story from the other party in that phone call.  This is her story:

.

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

To Whom It May Concern:

I, Terri R. Linnell, aka Momma Bear, swear and affirm everything here is the truth, the whole truth, and nothing but the truth. Now many of you think I’m a fed, or informant, or whatever because of rumors created by Jaime M. Hawley, aka Jaime Spears Aldazabal in 2014. That’s simply not true, but those rumors later did give me the ability to take advantage of a unique opportunity, which I did do.

In March of 2015, a year later, I had 2 officers, stating they were US Marshalls, come to my house to ask me questions about Jack Farrell of one of the Carolina’s, whom I had met at a protest in DC in May of 2014. He was a young man who was very impulsive. In December of 2014 he had shot two people in the back of the head and stolen their car to see his girlfriend in another state. I know of nobody who felt his actions were in anyway acceptable, so I sat down with these officers. Eventually the topic led to the real reason they were there… the militia. Specifically, the militia he belonged to. They read me a list of names, of which I knew none, except one. I suspected the one was a test question for honesty, so I admitted to knowing Manny Vega and explained everyone knows him. If you’ve been to DC to protest, he’s there. I later called Manny and told him. The one US Marshal told me he was a local Detective, and double badged.

Later in the summer of 2015 I started meeting with the Detective, and one woman of the FBI, I will call ‘Martha’, who turned out to actually be the local Domestic Terrorism Team in San Diego. I saw both their badges on that first meeting and both worked on the team as a Joint Task Force. Since then I’ve met several times with the woman and she always brings a second person, but that person differs from meeting to meeting. The Detective is no longer at any meetings. Only the first few he was there. We have a regular meeting spot in a shopping center.

They track local groups, such as Militia, Oathkeepers, III%, Sovereign Citizens, Black Lives Matter, Occupy, KKK, as part of their jobs. I was asked to go to OathKeeper meetings and report back my thoughts on their leader. I did so. I reported he was very nice. A leader who clearly did not have any nefarious intentions. I never once saw him break the law, or attempt to do so. It wasn’t his style. The group was quite small, and nobody was what is called a sovereign citizen.

A III% group opened up in our area and I joined. I worked my way up to potentially the leader. When I told the DT Team I was up for nomination, they told me I couldn’t lead it and still work with them. It would create a conflict of interest if anything were to go to court, or if anything went wrong with any of the members they would be held responsible with me as a leader. At that point my decision was to lead if I was asked, and break it off with the DT Team. I was not nominated, so I continued working with the DT team. Why do you ask would I have taken the position? To get a good group of people started in the right direction and find a leader once the group was established to take over.

On January 2, 2016, Ammon Bundy had moved his protest to the Refuge. I notified ‘Martha’, but that’s all. She asked me to follow it. I sent her public articles.

I wanted to go so bad. I was very sick and had barely not been hospitalized. My doctor said on Friday if I hadn’t seen him when I did, it would have been full pneumonia by the end of the weekend. Then my son had totaled my car. My husband was putting in a new tranny in a car we had just bought. Between Christmas, the doctor bills, and the car, we were flat broke. God just was stopping me dead in my tracks. Ugh.

Later ‘Martha’ told me they were considering sending me to the compound, which is what she called the Refuge in Oregon. By then I had a running car and I was well. I jumped at the chance. Finally, God was letting me go! By this time, I was hearing reports from the movement that it was a no fly zone, and that all 911 services were removed from the area, including to the neighboring ranchers. I did not get this verified with ‘Martha’. I can’t recall if I even asked her.

On the day before I left, a Monday, January 11, 2016, I met with ‘Martha’ for a situation type update and a briefing on the rules, etc. She gave me $1000 cash for the trip. I was to keep receipts. I was allowed up to $80 a day for a hotel. Food expenses were so lavish, I don’t even remember the amount it was so ridiculous.

The situation on the ground according to ‘Martha’ was they were very concerned there was a bad influence on Ammon Bundy. Their attempts to get any informants into the compound failed. She was very concerned if I stayed at the compound I’d be found out. She was also concerned for my safety. I assured her I would have no problem. She eventually was ok with me going to the refuge, but I know she was very worried for me. ‘Martha’ also told me not to carry a gun there. Absolutely not. Although I always carry at a protest, I conceded and went along with it, but we did compromise to let me travel with my gun, since I was a woman driving there alone. I should point out, I drive, not fly. I travel alone most of the time and I am not comfortable without my car. I prefer to arrive and leave when I choose, and not be reliant on others.

I woke up in the dark the next morning on the 12th and started my drive. When I stopped for a rest I would call ‘Martha’ and tell her where I was. Many of the miles I couldn’t even get my Pandora to work the cell reception was so horrible. I remember seeing a sign saying not to use cellular devices in such a remote location I could see no houses and had no reception. What a waste of a sign. I went through California, then Nevada, and dropped into Oregon.

Once I hit Oregon on the 78 West, I was pulled over by a State Trooper. The first thing she told me was everything was being recorded and pointed to her body cam. I was going 75. She told me the speed limit was 55. I was honestly surprised, because I try my best to read all the signs, especially those when I enter a new state. That’s often times when speed limits change. Somehow I had missed it, I guess. She let me off with a warning and told me basically the whole state was 55. I immediately set my cruise control for 55 when I returned to speed. (Pls note the speed limit said 65 on the photo of Devine Pass) I then hit my next turn, the 205. Google maps told me to take a right. I did, even though I saw a previous sign saying the refuge was to make a left. The 205 ended up turning into the 395, called the Devine Pass. It was drop dead beautiful there. Well named, because it did look like God had truly touched the earth. Windy roads, tall pine trees, and beautiful rock formations jutting out on the steep cliffs. I never knew those type of formations were in any other state besides Utah. As the sun set it started to snow. This was only my second time ever driving in the snow. My first time was many years ago in Pennsylvania when I was 16 and my dad was sitting next to me, teaching me what to look for in snowy conditions. As the snow got thicker on the road I kept going slower and slower. It was pitch dark. I was down to about 20 mph, white knuckling it, almost sweating, when a car zoomed past me. The snow blew away! Well, I then realized it was what they call powder and increased my speed.

This is about the time I realized I was lost. I was supposed to have been there by now. Once I got out of the pass and saw signs of life, I found a man driving a snow plow. He told me he didn’t know where the refuge was, but thought it was maybe the back in which I had come. Ugh. I called into the refuge for directions, because I did know the phone number of one person there. Reception was still very spotty. As I was driving back down through Devine Pass, I asked the woman to text me the directions, because I would receive the texts when I got reception. This helped a lot and I finally made it there. I had been about 50 or so miles in the other direction. I was on empty, but knew if I needed gas, there would be some at the protest site and wasn’t worried. Large protests like these get plenty of supplies with each person bringing extra of what they have for others. I met those in the chow hall and was assigned a bunk. There was one other man in my room, and a couple. I was almost immediately told there was a real Judge and two US Marshals also staying at the protest. I was curious about that, but would figure it all out later.

The next day, the 13th, I found out there was a gas station only 6 miles away. I got a list of what was needed for the Chow Hall and left. I stopped for gas and then went into the town of Burns. For a town with only a few thousand people, it was much larger than I expected. I live in a town 5 times that size and still only have one main street for all the shopping. I suspect I was followed there by the ‘Judge’. Once his truck left, I called ‘Martha’ to tell her I arrived safely. Then I got the groceries and supplies needed. I spent about $150.

On one of these beginning days, one of the local ranchers did a big barbeque for us with all the fixings. I talked with him, thanking him. He had butchered a pig for us, and smoked it at home. We had a large spread of delicious cole slaw (which is the first time I ever liked cole slaw), smoked pig, and numerous other delicious foods. Everyone was there along with some other ranchers. We probably had a good 80 people come and go.

The 14th I went to town again, with Deb and Corey. Deb and I picked up a tail at the grocery store. There was only one in town. Corey was in the store with us and told us to hurry up, that we were being watched. I looked around and did see a man in a suit watching us. By the time we got out to the parking lot, a police car drove by while we were unloading groceries. We got in the car to go to Deb’s bank. The police car must have doubled back on us, because he was behind us before we got to the bank. He turned on his lights. I pulled over in the bank parking lot. Deb went to the bank, while I got out of my car and dealt with the police. Corey stayed in the car. The officer said my tail light was out. I was again surprised. He didn’t write me a ticket, he just asked me what I was in town for, where I was staying, etc. I was surprised at the question, so he said they were trying to pay attention to who was where because of all the hubbub. I told him I was staying with friends in town, that I came because of all the news, but I didn’t know what the address was I was staying at. By then Deb was out of the bank, talking with the other officer. I walked up to Deb and asked her if we had our friends address in town. She said she didn’t know either. Then I walked back to the officer who I was talking to and we struck up small talk. He said he had come from nine hours away, and pointed towards his truck. I said wow, that must be hard on your department to handle things at home with so many officers away. We all wrapped up the convos and I drove back to the protest. I do not know what would have happened if we had said we were part of the protest, but I do think at a minimum we would have been brought in for questioning, so did Corey and Deb.

That night Melissa told me Jaime Hawley was coming the next day. I was furious. She’s a gossip queen and has no business at a protest like this. Please realize, gossip is a sin worthy enough for the Bible, and I’ve come to find out personally from Jaime how sinister it is when she accused me of being a fed two years previous. Jaime is the type of person who thrives on discord, and if a situation were ever to occur, she’d be standing in the middle of it, crying like a toddler, lost and frozen, only thinking of herself, not able to take a direction from anyone… and I bet my bottom dollar she’d be at the bottom of the gossip, covered in a nest of lies and half truths. She always has food for everyone, pays for campsites, her own cabin, etc. Jaime also keeps in constant contact with the protester she’s going to meet up with during her drive. In this case, it was Melissa Cooper.

On Friday the 15th , (I thought it was Saturday, but arrest records say it was Friday) Melissa Cooper and a couple others went into town. She kept telling me how great it was because they sent the stickers for the trucks to the refuge, so they could drive them on the road. I was in the chow hall when the call came in that Ken had been arrested for driving the truck. The other man was safe, but needed picked up. It got real hectic quick. I said I would go get him, and grabbed my stuff. The guys didn’t want me taking anyone with them, because they worried their militia gear would not look good. I grabbed a media person, Jon, and left. He thought for sure he’d be arrested. I said no, it’s just a retrieval, we’ll be fine. Please note, I was not immune from the law. If I did something wrong, I would have been arrested, ticketed, etc. I was required to follow the law. If I did get picked up for any reason, I was to just give them my name and keep my mouth shut. The FBI would at some point see my name, and take care of it. I’m still scratching my head over the fact that I could have been picked up merely for going to a protest, but that was the atmosphere.

Jaime arrived late that afternoon. Kricket had driven Jaime from Vegas, and apparently Jaime flew from FL to Vegas to meet up with Kricket. Everyone knew how I felt, so when I confronted Jaime on the lies and gossip she’s said against me, and told her to leave, she was ushered into the Coopers room. She did not come out until Blaine came out, yelling, obviously upset, and told us that his kids were taken by CPS. They were supposed to be coming for a visit to see their parents that weekend. Jaime was standing behind Blaine, sniffling, with tears in her eyes.

When I went out by the fire after dinner, several of the guys said to me I was right… the drama came with Jaime, just as I’d predicted. The next day Jaime came out to fill her plate with breakfast, and she and Kricket left at around 11 am. I heard they stayed in a hotel in Burns and did not return to Vegas, where Kricket lived.

Pretty quick I figured out the ‘Judge’ knew the Bible better than the law and that it was the judge causing the commotion ‘Martha’ was concerned about. I did not believe he was a real judge. He had two men with him, the ‘US Marshals’. One seemed very well trained. I attempted small talk with him. His name was Marshall Smitty I think. I asked him where he got his training and he said no place. I told him I was surprised, because he reminded me of how the Navy Seals at the Amphib base acted with how he carried himself. The other guy with him laughed and said to him I called it well. Smitty said thank you to me. I walked away. Another time in the kitchen I heard the ‘Judge’ say he wasn’t a US citizen. I was about 10 feet away, and replied loudly, “I’m a proud United States citizen and I feel that only a United States citizen should be able to take the Oath to uphold and defend the Constitution of the United States from all enemies, foreign and domestic.” After that, the crowd around ‘Judge Bruce’ was a lot smaller. That night he offered to swear in anyone who wanted to be a US Marshal the next day. As far as I know, not one person did.

To give an idea of what it was like, we had many people coming and going, bringing food and supplies, wood, clothing, boots, mattresses, blankets, sleeping bags, and anything else we needed. Often times they travelled a long way to see us. Sometimes they arranged to stay in town, other times they would bunk with us. Local ranchers, business and home owners would come from neighboring counties, some to bring us stuff, others begging for our help where they are, too. This put a lot of pressure on Ammon to help them. We also had a plane that looked like a little Cessna, always flying during the day. I think the guys tracked it at four loops, then refuel.

The weekends were typically very busy. Many people would come in support when they weren’t at work. At this time we had plenty of help in the kitchen, unloading and organizing supplies, taking watches, etc. Please realize, I’ve been to a lot of protests over the years. Typically, the police protect the protesters and anti-protesters. It’s very normal to see guns at protests, or where the protesters stay. The police have them. The protesters travel with them. Normally, the police are very careful to keep the two groups separate, protesters and anti-protesters. In the protests where we’ve had our own ‘security’, their job is to alleviate the police’s duties, such as helping stop traffic during marches, providing medical aid, etc, so the police don’t need so many officers and can continue their regular duties. This is especially important in larger protests. This is the first protest where there was no police protection. This naturally added to the duties of our ‘security’.

About every other day two men would come to the chow hall as anti-protesters. The first time I talked with the tall one, and he seemed in agreement about federal land needing to be more locally run. I was surprised when he returned the second time. That time the other guy, an older man, held a sign saying “Keep our land public”. I said to the older man, in front of the press, “It’s not a King’s forest.” He looked at me with a twinkle in his eye, like he agreed. I went in and got some peanut butter and jelly sandwiches and offered it around to everyone. When I offered it to the guy holding the sign, he again looked at me with surprise and had a twinkle in his eye. It was like we had a secret game, move and counter move. When I offered it to the tall guy, he took one. (The tall guy later ended up being called out by Santilli for being at the airport where the feds were set up)

I called in to ‘Martha’ almost every day. Usually I just stood outside the chow hall and chatted with her. Every time I was asked about 5 or so individuals. Ammon Bundy, Ryan Bundy, Jon Ritzheimer, Blaine Cooper, Ryan Payne and Pete Santilli. I was asked about Joe O’Shaughnessy, but I explained he wasn’t there, that I heard he was staying in town. I was also asked about where the weapons were kept. I explained there was no stash, no warehouse, it was just people’s personal weapons. I also said all weapons were legal that I saw.

Now realize, ‘Martha’ told me things, too. The weekend before I left she told me the FBI knew Ammon was not at the refuge. She told me they had someone closer than me there, too. (This was before I saw McConnell there. I’m positive there’s another informant.) She asked me if Ammon was going to return. I said I’d heard Ammon’s family was coming, and that I’m sure he’d be back.

Well, back to the subject. On Thursday, January 21st , Melissa Cooper asked me if I knew where the sign in book was. I said I hadn’t seen it. She said she noticed it missing the day before, on the 20th . On Friday at dinner I asked Melissa about the book, and she said it never turned up. I then told Ammon the sign in book was missing. I know this sounds like something mute, but wait for it…

Freaky Friday. Yes, I’ve got to talk about freaky Friday. First, let me tell you about an incident that happened either Thursday morning or Friday morning. The press was there. We were opening mail to put in the burn barrel. One box was a box of shit with maggots crawling around. We threw it in the barrel, but unlike the norm, we did not stand around the barrel for warmth. Who wanted to stand around burning shit? I went inside. Then I heard a shot fired, very loud. I went back outside. It turned out to be someone had shit on ammo and mailed it. One of the members of the press really was very interested in the negative mail. Ryan Bundy asked him to specifically not print it, because it would cause more mail like that. The guy seemed undeterred. I walked up to him a few minutes later, and told him if he printed that story about the box of shit with ammo, that yes, he had freedom of press, but not to the point to make a situation dangerous. I told him flat out, looked him straight in the eye, if I found he printed that he would have to deal with me. (I found out later he heeded my warning. It was not printed.)

I called ‘Martha’ about this. I was very upset anyone was put in danger. She seemed uninterested, even after I pointed out mailing ammo in the US mail was a felony. She didn’t know it was a felony. That day on the whole was eerily quiet. There was no plane flying. Things seemed ‘off’. After dark, then we heard it. I was in the kitchen doing dishes when it flew by so low, so loud, I ducked. I ran outside, wondering if it had landed or something. The guys were all animated too, saying they thought it was a drone, because it had a big light on the bottom of it, pointing straight down. After that we did hear the Cessna… without running lights. The moon was almost full, I could see the plane, but no lights. It did the typical laps, just like it was daytime.

The next day was awesome. We had a huge Harney County Resource Center grand day opening. A lot more protesters showed up, and we escorted them to the opening ceremony.

I left that night. I told everyone I would be back in a week, that my daughter was flying into town from Utah. The guard at the gate said I will be missed. I didn’t know who he was because he had a ski mask on, it was so cold out there. I stopped somewhere out in the middle of nowhere, because there was a sign that said next gas station was 82 miles. Whatever gas station was nearby, I couldn’t find. It opened the next morning at 9 am. Town with a population of 14. I arrived home that night. Sunday the 24th .

Tuesday the 26th of January is a day I will never forget. I was sitting on my mom’s blue couch visiting with them. My daughter was in the chair across from me. My cell phone rang and I answered it. It was about 4:30 pm. My friend said twitter was blowing up, Ammon was arrested, someone was shot or dead. That was the initial story. I immediately called Deb at the refuge. I later texted her Lavoy was dead. I called again around 7 pm. She said it was calm there. They’re serving dinner. I called some friends in San Diego, to see if they were going to help get the people at the refuge out. They said there was a conference call in the morning to determine what to do. There was a primary contact in Burns who would be on the call. The next day I found out everyone was told to ‘stand by’. Nothing would be done.

I met with ‘Martha’ a few days later and gave her the change from the money for expenses, plus the receipts. I was still livid. Emotional. Torn up. Downright hostile. Those feelings didn’t go away easily. I don’t think they ever will go all the way away, they’re just not as raw as they were. We met the following week, where she gave me $3000 for my ‘pay’. I really don’t know what I did to deserve any pay. Lavoy was dead, and the FBI did as they pleased, not listening to anything I said. But I guess the goal was achieved, all the people they kept asking about were arrested. Who cares if those men broke the law or not, right? That’s not how I feel at all. I care deeply our laws are upheld. I care deeply our police remain neutral and protect citizens equally. I did ask what was the reason for the ‘routine traffic stop’. Martha’s answer is that they have a right to pull over someone when a phone call is received. I didn’t push the point, but knew instantly that was a typical response when an officer does not have cause to get access. The officer must still see something illegal. Most people thinks this response means they must give access and concede.

Between the phone calls and meetings I was told two important things: One, that the person who signed the doc to send the FBI to Oregon came from the ‘highest command possible’. ‘Martha’ explained further and said it was the President.  This is further evidenced when the Oregon governor appealed to the President to end the occupation of the refuge sooner. Second, ‘Martha’ said the FBI had the sign in book.

Lavoy’s funeral was February 5th , 2016. It was open casket. There were several local police outside. Everyone was cordial. Over 2500 showed up from all over the country. Jaime Hawley showed up, driving a vehicle with Florida plates. Blaine Cooper was there. This is when I found out about John Day. PPN was supposed to provide a convoy type escort for the two vehicles. They never showed. When I returned home from the funeral I called my San Diego friends and informed them PPN had dropped the ball. They said that was crucial information regarding the ‘stand by’ that was done. I would say more about the funeral, but I’m still too emotional.

On February 10th I received a call to pick some guys up in Mesquite, since Joker J had just been arrested. I did. They stayed with me for 2 weeks. No, I did not harbor any fugitives. There were no public arrest warrants or indictments released. I was called by ‘Martha’ to go to the local Lavoy Rally. I did so in order to not call attention to anyone staying with me.

Since then, I have not given ‘Martha’ any information besides public information of news articles. In the last meeting, on September 21, a Sunday, I was asked what the movement’s support was in the Presidential race. I said it was more split before the primaries, but not that Bernie is out, many are supporting Gary Johnson. Most are supporting Trump.

Let me tell you about these men being targeted.

Ammon Bundy: Very well spoken. Strong moral fiber. He’s the type of man who is free, unlike most. Most people think ‘what if’. Ammon is a free man and walks this earth as a free man. He doesn’t recognize fear. Anyone can disagree with Ammon, yet he’ll still give them the shirt off his back if they need it, disagreeing or not. Never carried a weapon.

Ryan Bundy: Not quite as well spoken as Ammon, but his strong point is law and legal terms. Strong moral fiber is woven within him and how he sees the law. He is also a free man. Obviously these men were raised together. Carried a pistol, nothing more.

Shawna Cox: She seemed to me to be an administrative assistant or secretary type. She was always seen carrying paperwork and folders in her arms. Never carried a weapon.

David Fry: Young, he had an interest in philosophy, religion. Loved to learn. What I remember best about him is his sleeping on the couch. He would be sitting straight up, then hunch over, practically folding himself in half and he was out. For hours he’d sleep in that position, with his head resting on his legs. Never carried a weapon.

Ken: I only briefly saw walking from a vehicle into a room. Later that day he was arrested.

I don’t believe I knew the other men at all.

Concerns after the fact and reviewing evidence. Who stole the sign in book and why was it placed into evidence 4 days before it was stolen.

The ‘routine traffic stop’ was not in any way, shape or form a traffic stop. There must be a reason to pull someone over. None given. Why did that public FBI statement on their website get rewritten, and all articles in all media was edited. This is pretty clear evidence that the media is required to put out stories according to political whim. Why was there no warrant. The search warrant was done after the fact. One would think the govt had figured out if there was a crime before the arrest. It’s not like anything these people did was hidden.

The 65 mph sign, looks new to me in the video ‘McConnell Secret Recording’ search. Did they lower the speed limits in the area? There is a woman that swears McConnell was in her old classroom at the school and that the video was NOT taken with PPN as McConnell said.

Ammon Bundy, Joe O’Shaughnessy, Jon Ritzheimer, and Blaine Cooper were all targeted, all from Arizona. Did McConnell tell lies to the FBI because of his dislike of these people? Three of the four all were part of some sort of militia.  Is that why ‘Martha’ swore up and down if I saw the evidence, I would agree with her? McConnell is arrogant and derogatory. Very demeaning. To him, he’s the real thing, and all others are wanna-be’s.

As far as doing this all again. I’m undecided if I even helped any of these men by doing what I did. I’ll know more once the trial is over.

More importantly, would I do another operation in this manner? No. I found the FBI all knowing, distrustful, political pawns. As ‘Martha’ said, the FBI does everything ‘big’. Big is not better, sorry to say. The sheriff failed to do his job. The FBI should have then asked why he refused to protect the protesters. Instead, they encouraged him. When they were told that a man from Grant County said the Grant County Sheriff told him the Harney County Sheriff asked for his help, that he wanted the protesters all dead. ‘Kill them all’. Yes, the FBI was told, and now the Grant County Sheriff is being investigated. Go figure. Was it something I said? Probably. By telling the FBI evidence that all did not seem as it appears, and to look deeper, they instead used that to destroy good people. Political? Absolutely. The movement was growing. Across the nation people were standing up, shaking off their fears… if the FBI hadn’t broke the law and killed someone, this would still be happening. People would still be standing up. If they had simply walked up to Ammon with an arrest warrant, people would still be standing up. Their goal was to strike fear in regular people, continue the oppression that was so clear in Oregon, and everywhere else I’ve traveled.

Therefore, please realize not only is this important to know, but know all is not as it appears. We have a very powerful enemy and our names are on his desk. He hates we woke up the nation. He hates he can’t control us. We represent the one thing he hates most. American Pride. American Independence. I’m currently being tested. I was given a name of a local to check out. How do I know this is a test? I’m not stupid. They’ve never given me a name before. I’ve had to figure things out myself. Why the change, when they should be trusting me less?

/s/ Terri R. Linnell

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

Epilogue

Terri testified at the trial, Tuesday, October 11th.  She was not called by her benefactors, the government.  Instead, she was a witness for the defense, specifically, David Fry, though all of the other Defendants, as well as the government, had an opportunity to examine her.

According to reports from the courthouse, her testimony was very contrary to what the government wanted from someone that they paid over $3000 to.  But, they knew her testimony would not serve them very well.  However, they could not, under any conceivable argument, argue that their paid informant could not take the stand for the Defense.

Terri’s testimony refutes many of the government’s claims, including display of weapons, leadership, and any danger posed by the occupation.  She had nothing but praise for the Patriots.  She also refused to let the Prosecution put words in her mouth.  Though they didn’t proffer the FBI reports as evidence, they appeared to read from them.  However, when they stated something contrary to fact, Terri would say that she didn’t say that.

We must wonder how the jury perceived testimony from someone the government “planted” into the group, and then supports the Defendants position with her truthful statements.  It has to be very embarrassing to realize that she got no dirt, when that was her task.  What more can be said of the fallacy of the entire government line.

I trust that this will put to rest the accusations that have been made against Terri over the past week.  And, I pose this question to you; who else has managed to get the government to pay expenses and $3,000 for to go to Burns and cook for the Patriots?

26 Comments

  1. Lavoidsays:

    This is not notarized. It is fake.

  2. ghuntghuntsays:

    Many Facebook comments have been critical of Terri. What follows is my response to those critics:
    The Defense has Discovery. There are restrictions on what information can be made public. However, Per Olson, David Fry’s attorney, apparently saw good cause to subpoena Terri, where the FBI chose not to put her on the stand. It would also appear that whatever information Terri provided to the FBI was of little value in attempting to obtain convictions. However, Olson saw that it would serve the defense. And, according to my conversation with Brand Thornton, who was there for her testimony, it helped immensely. John Lamb’s video pretty much suggests the same.
    So, we have an attorney and two observers who have judged her testimony to be beneficial. Then, we have others who have made their judgment from the comfort of their armchair.
    As Terri explained, her job was to report on the six people, only. She did so. To suggest that they didn’t already know that the six were there is, well, ludicrous.
    I’ve seen what Bill Goode referred to as “gossip” in the patriot community for over twenty years. Most often, I refer to it as a “hen fight”, as women tend to see it as a necessary element of evaluation, and perhaps competition. If we deem that a bad characteristic, well, I guess we will simply have to ignore about 90% of it.
    What most fail to see is the courage that Terri had to come out in the open with what she had done. Would you, had you for whatever reason, agreed to inform for the government, even consider “coming clean” with that role? Coming clean is probably the best expression of finally seeing the right thing, as a number of IRS agents have done, in the past. Regardless of what financial damage they might have cause for patriot families, they are accepted, warmly, when they “see the light” and come clean.
    To not accept Terri back into the patriot community, with warmth and respect, though perhaps, unless and until earned, trust, is to discourage others, who ma have stepped into bad ways, from seeing the light. They will know that they will be rejected, and will then decide that the consequence of changing from one side to the other is not worth the consequences. Now, this is not a new thought. I wrote on the subject in “Informants Amongst Us?” (http://www.outpost-of-freedom.com/blog/?p=197), back in 1995.
    More than likely, Terri Linnell is more reliable now than some of the people that you know and believe to be reliable. In any established group, there is a probability of easily 10% being government informants or agents. However, once exposed, they are out of the picture — unless they choose to expose themselves, which, more than anything, is a badge of both courage and honor.
    Personally, because of the many conversations she and I have had lately, I both trust and respect her. And, I consider her to, at least now, be a true patriot.

  3. Dirk Williamssays:

    After reviewing ” mama bears, statement, I’m in disbelief. This letter was forwarded to me by friends in Bend Oregon. ” Due diligence here. I am a retired police officer. ” after reading this persons vain attempt to rationalize her position of patriot, yet receiving money for being a paid for, FBI INFORMANT, is simply an unrealistic attempt to justify her actions.

    A case of real time consciousness.

    This lady is as responsible for Lavoys death as the HRT, and OSP troops are.

    You can’t have it both ways. Your in, or your not.

    Dirk Williams

    • ghuntghuntsays:

      Interesting theory.
      But, wouldn’t that make everyone at the Refuge, for any reason culpable?

      • Dirk Williamssays:

        Mr Hunt, if the others were agent provotours, then yes they would be complicit in Lavoys Murder, at the hands of the FBI, and OSP.

        Sir, we’re human, we try and rationalize our actions at many cognitive levels, thought, our words, we are accountable for. Surely our heart our actions and our motivations are also on the mantal for review.

        How would/could Moma bear truly rationalize her actions. Did she, or you think the FBI, were simply footing the bill for a lil fun in the sun. Na, not how it works.

        Listen, i have sympathy for this person, doesn’t mean I Have apathy for her actions, she is not worthy of my apathy. For roughly 4000.00 dollars she participated in an event, in which a clear natural leader was singled out and murdered by our govt. that’s how contagious LaVoy was.

        Even the White House recognized just how effective LaVoy was, he was ” contagious” his style of patriotism was infectious. The FBI, the Govt, knew this, and had to remove him.

        If I recognize Lavoys natural leadership qualities, do you think the FBI, didn’t recognize his abilities and the fact that many many patriots were willing to follow him, thru the gates, of tyranny. That sir would include me.

        I’ll close with this. What We The People learned regarding the HRT teams tactics, their shooting of Lavoys truck, their policing their brass, their lying and lawyering up during DCSO’s investigations leads me to the only logical conclusion.

        The tactics used that day are Taught tactics. Lavoys incident was not the first time HRT, used this tactic, this was the first time they were caught phusically, and with physical evidence.

        These shameful tactics were taught to HRT, these tactics are/ were authorized by upper echelon administrative deep state managers.

        LaVoy was clearly marked for death by the highest office in our land. And Mama bear was a complicit on the ground operative, with real time Intel, fed back to the FBI.

        Respectfully,

        Dirk Williams

        She sold her sole, and she wants it back.

        Dirk Williams

        • ghuntghuntsays:

          So, if they are “agent provocateurs”, they would be complicit. But, you said that Terri was complicit. She was not a provocateur, she was simply an observer as to what transpired at the Refuge, and left days before the murder of LaVoy Finicum. Now, others were also observers, though they did so simply their presence. Some of them have already been called to testify. Whether paid by the government, or not, otherwise, the observations are the same.
          What she observed had nothing to do with the murder of LaVoy. If you had dinner with some people, and then some of them robbed a bank, would you be complicit in the bank robber?
          I won’t contest the fact that Terri rationalized her role, nor will I contest that you are also rationalizing, though you are doing so from a distance and she did in what she was a player in.
          Finally, she is not seeking sympathy, or apathy. She is coming out with the truth so that we all understand how the government plays the game — which she could only do but setting herself up for accusations as to her motivation.
          We can criticize her, or we can learn, from a player in the situation, what we could only surmise, before. She may have sold her soul, but, she is now paying, dearly, to get it back.

  4. Ski Bumsays:

    I admire Terri Lindell for coming forward with the truth. It is her inside information that helps expose how Corrupt the Government is. Now at a Federal Level I read many FBI Agents may resign in Protest of the Corruption around James Comey an those who are covering for Hillary Clinton’s crimes.

    Talk about being bought off? How did Comey make $6 Million from the Clinton Foundation? Will Wikki Leaks dot the iiiii”s Will this Trail fall apart now will the Jury do the right thing and acquit? I think Wikki Leaks is helping to expose the BLM and Courts Corruption and helping this case to fall apart.

    When you have an informant telling the Truth and saying the Protesters broke no Laws, that is a Positive for the Defense. Where is the better paid informant Mark McConnell who made a Video .. with the background supposedly the JR High School which was an FBI command post not a Hotel Room ?

    In Pod casts Mark McConnell has stated that he has been doing Border Patrol for a long time. He has said that he befriended Blaine Cooper and Ryane Payne ect at least a year before the Bunkerville stand off. Sounds like the FBI had their Radar on these guys well before Bunkerville.

    I assume that Terri Lindell had no Idea an Ambush and Murder was planned. She did not help in the Assassination of LaVoy Finicum, but if Mark McConnell helped to plan the Convoy and loaded extra Guns into the vehicles how does that look? I have read that McCon was very upset when things didn’t go as planned. Two women ended up in LaVoys’s Truck that was not the original plan..

    I hope some one uses FOIA when this is over to try and find out how many Millions the FBI spent on this Cluster mess. It was a great exercise to show how the FBI Operates. I thought the FBI was only authorized to investigate other Government Agencies.. the FBI should be Investigating the Corrupt BLM FWLS and USFS ect not Ranchers who are being harassed flooded out burned out and bankrupted by ridiculous logging and grazing policies..

    Back to the FBI resigning in Protest of the corruption of James Comey .. the sad part is only the good ones will resign ..Same with Cops only the good Cops will resign in protest of Corruption. I agree with Dirk Williams only about what he said about LaVoy being too good of an educator and they wanted to shut him up. Dirk Williams must have been a Cop some where that is not Corrupt like 70% of Police Forces that will lie and cover for w each other then they do something wrong . Now Black Lives Matter are ambushing and executing Cops just like the FBI did to LaVoy.. The sad thing about these Ambushes , is it seems they always Kill the Good Guy Cops and don’t take out the Corrupt ones. Then again BLM is simply a Soros Funded Terrorist organization trying to bring down the USA.

    One of the most Disturbing things in this whole Protest is how Corrupt Judge Anna Brown who was appointed by Bill Clinton is..

  5. Dirk Williamssays:

    while I agree with you on her paying a price, that won’t bring LaVoy back. Had she been a young misguided youth, with little life’s experience, I might agree with you. She’s not, she took the money, she informed on the movement, she contributed to the overall Intel picture.

    That overall picture, that model was used to work up a detailed assault eventually. Although her part might have been a minor contribution, never the less, it was a ” paid for” contribution.

    . She willingly became a paid asset of the FBI, for money. she used her good standing within the Patriot,community to infiltrate the refuge, the core group. Then she admittedly informed on those who trusted her, without question.

    Keep up the good work.

    Respectfully,
    Dirk Williams

    • ghuntghuntsays:

      If she wasn’t an informant, and she testified as she did, with the exception of her role as an informant, you would be praising. her.
      Now, when I went to Burns, I was funded by some patriots. She got there because of the FBI. I got there because of some patriots. Does it really matter just how you got there if all that you did only served the patriots?
      I think that you simply don’t want to admit that you are wrong.

  6. Admit I’m wrong, amusing. You had patriots support, you supported the patriots. She is given 3000.00 dollars to spy, and your rationalizing her actions. Holly cow. I can see how I got this wrong, and your right.

    Your liberal left wing thinking is exactly why this nation is in the shape it’s in. It’s not my place to forgive her, is it really your job to rationalize her tyrannical actions, of representing the federal govt, while good patriots are being spied on.

    Their words, actions and deeds being reported to the FBI, by a bought and paid for snitch. And I’ve got it wrong.

    Perhaps it is you, who ” Vetted” her, cuz she’s sorry now? That is afraid to admit your position perhaps was not well thought out.

    A retorical question, can a leapard change its spots, maybe. Can a paid FBI informant be forgiven sure. But not by me.

    The damage done isn’t nessisarily to the patriot movement, it’s to the perception of the movements direction. The psyological spin placed on her action by the FBI, the Lap dog media, to cause discontent and confusion it’s “Sun Tzu” at his finest. Using trusted members of the movement, to defeat the actions of a large ideology.

    Sir, if I’m wrong I apologize, was never my intent to trade barbs with you. It’s your site, and you can and will do what you want.

    My observation is simply that my observation. If the patriot movement leaders choose to overlook/fore give her, no worries.

    Have a great day.

    Dirk Williams

    • ghuntghuntsays:

      Some people have a broad perspective, others a narrow one. So, let’s start with “If the patriot movement leaders choose to overlook/forgive…” The patriot community, at this point, is in a sense leaderless. There are leaders of small groups, but mostly, it is individuals, And, each of those would have to decide, if the opportunity to trust or not trust, forgive or not to forgive, arose. You have made your call, in your narrow perspective.
      Now, I tend to look with a broad perspective. And, as it turns out, some additional good has come out of this situation, already. How good is yet to be determined. However, based upon the exposure of Terri, Mumford, using the exposed event, has filed a Motion to have all of the informant/agent, and their reports (129 of them) provided to the defense. The Judge first wants to the government to provide to her unredacted reports and all other information regarding those 15 informants/agents. The door had not been opened before, and at least one motion requesting such information was denied.
      Now, at least, some, if not all, of that information will be provided to the Defense.

  7. I last question, do you think Mama Bear would have self disclosed her FBI informant status, had she not been exposed via a federal summons for this case.

    Dirk

    • ghuntghuntsays:

      I can’t speak for her. I can say that in my conversations with her, she had really begun to appreciate what they were doing.
      There is a strong likelihood that she would not inform on them, again — if at all.
      When LaVoy was killed, she got a dose of reality that will never leave her. The government was no longer the good guys.

    • Several months ago Linnell told me in a phone call that she was expecting to be called to testify. We had even discussed her staying with me if that were the case. So, she knew SOMEONE was going to have her testify.

  8. […] said she intended for her testimony to be helpful to the defense, not the govt. And although she admits it, Linnell does not actually account for the fact that she has been informing on the “Patriot” […]

  9. Josiahsays:

    GHUNT, Are your convictions coming from a desire to defend a woman (white knight) who is now being roundly criticized for her actions? I am truly puzzled by this. I do not know what others have said about this woman. I only know that she was a paid informant against the patriots at Malheur. I am saying this because I understand that it is natural for good men to want to rush to the side of a woman, they view as being attacked. I might even say that it is a part of our instincts as men. If it is the case as stated above then I have more compassion for you as a protective man, than i do for the woman that you are protecting. I believe what is stated above, she had the opportunity to not cooperate with the Feds, yet she chose to cooperate. In Summary, this woman chose her path, as we all must. She chose to betray and take purse of silver. Now a good man is dead, murdered at the hands of the Feds and now his blood is on hands of those who shot him and those who colluded with them as agent provocateurs. We all have a choice sir and we all must live with the consequences. This woman must live with the consequences. If she couldnt handle them, she should never have informed.

  10. […] was an “obvious lie”.  This whole program was based primarily on my article, “Burns Chronicles No 32 – Terri Linnell (Mama Bear)“, and the host’s subsequent interview with […]

  11. […] initial article on informants was “Terri Linnell (Mama Bear)“.  That article was written because Terri had contacted me prior to testifying in the […]

  12. […] Postscript: For better context, please read The Demonization of the Costilla County Off-Grid Homesteaders: How the San Luis Valley “Just Us” Group was Sabotaged, Fake Judges: How & Why Sovereign Citizens are Undermining Patriot Groups, The National Liberty Alliance is Attempting to Subvert the Committee of Safety Concept, and Burns Chronicles #32: Terri Linnell (Mama Bear). […]

  13. […] Postscript: For better context, please read The Demonization of the Costilla County Off-Grid Homesteaders: How the San Luis Valley “Just Us” Group was Sabotaged, Fake Judges: How & Why Sovereign Citizens are Undermining Patriot Groups, The National Liberty Alliance is Attempting to Subvert the Committee of Safety Concept, and Burns Chronicles #32: Terri Linnell (Mama Bear). […]

  14.  

Burns Chronicles No 33 – Ryan Payne’s Plea Withdrawal

Burns Chronicles No 33
Ryan Payne’s Plea Withdrawal

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Gary Hunt
Outpost of Freedom
October 13, 2016

Back on July 13, Ryan Payne signed a plea agreement.  As will be explained, below, he has now requested the Court to Withdraw Guilty Plea and Proceed to Trial by Jury and go to trial on the charges.

Though it won’t be mentioned in the Motion, in addition to what follows, Ryan was threatened with a Terrorism Enhancement, if he went to trial and was convicted.  That would be a 30 years sentence, but, as I said, the Court cannot recognize that, as it was part of negotiations.

So, let’s look at the picture that the Motion to Withdraw Guilty Plea gives us, at least in pertinent part.  I will leave the citations in, for those who wish to review previous decisions on the subject:

 

After entering a plea of guilty to Count 1, Mr. Payne stated the following as a factual basis for his plea, in the words of Ryan Payne:

“Ah, your Honor, the very first adult decision that I ever made was when I was 17, to join the military of the United States.  And in so doing, I took an oath to uphold and defend the Constitution. I traveled to Harney County, here in Oregon, under the pretense that this was my intent. That I was coming to uphold and defend the Constitution.”

“In pursuing that effort, I understand I — I have come to understand that folks who were — who work for the Government, that that Constitution ordained, perceived my actions as threatening or intimidating.  And, thereby, I – I understand myself to have been guilty of the charge that I’m charged with.

The Court inquired whether Mr. Payne agreed that his actions actually impeded government officials. Mr. Payne responded, “[a]s it has been presented to me, it is my understanding that I did, your Honor.”

So, Ryan went to the Malheur Refuge with the intention (not a criminal intent, rather, a patriotic intent) to defend the Constitution.  And, that is what this whole trial is about.

.

Then, he points out, not that he threatened or intimidate, rather, that those folks at the Refuge “perceived” his actions as threatening.  So, he “understands”, rather than believes, that he is guilty.  That is based on the information provided to him, as well as any other influences as to what the consequence might be if he proceeded to jury trial (see the second paragraph for one of those influences).

Now, getting to some conditions that justify his withdrawal of the plea, we find that there had been a lot of information withheld from him — upon which he was to make that decision.  Here are two elements of information that was not made available, which we now find had exculpatory (possibly proving innocence) evidence that has since come to light.

Subsequent to the change of plea hearing, the prosecution produced seven additional volumes of discovery to all defendants. The later discovery productions included materials that became exhibits in the trial of co-defendants currently ongoing before the Court.

Additionally, subsequent to the change of plea, the government acknowledged the use of confidential informants,such as Mr. Mark McConnell, that had not been disclosed to Mr. Payne on the date he entered aplea.

Now the legal basis justifying his right to withdraw:

APPLICABLE LAW AND BASIS FOR WITHDRAWAL

Federal Rule of Criminal Procedure 11(d)(2)(B) governs withdrawal of guilty pleas. The Rule “directs a district court to permit a defendant to withdraw a guilty plea before sentencing if the defendant comes forward with any fair and just reason for doing so.” United States v. Ortega- Ascanio, 376 F.3d 879, 887 (9th Cir. 2004). Although a defendant may not withdraw a guilty plea “simply on a lark,” the fair and justice standard “is generous and must be liberally applied.” United States v. Ensminger, 567 F.3d 587, 590–91 (9th Cir. 2009).

The timing of the motion to withdraw a guilty plea is critically important. Before sentencing, a defendant “need not prove that his plea is invalid” in order to meet the standard for withdrawal of the plea. Oretega-Ascanio, 376 F.3d at 884. Instead, a more liberal standard applies, permitting withdrawal of the plea on grounds including “inadequate Rule 11 plea colloquies [formal discussions]newly discovered evidenceintervening circumstances, or any other reason for withdrawing the plea that did not exist when the defendant entered his plea.” Id. at 883 (citing United States v. Turner, 898 F.2d 705, 713 (9th Cir. 1990)). If a defendant demonstrates one of these grounds, withdrawal of the plea should be “freely allowed.” United States v. Showalter, 569 F.3d 1150, 1154 (9th Cir. 2009).

Then, in itemizing the elements that are mentioned, his attorney, Rich Federico, provides the following:

A.  Intervening Circumstances in the District of Nevada Provide a Fair and Just Reason for the Court to Permit Mr. Payne to Withdraw his Guilty Plea

As stated during the change of plea hearing, the foundation of the Oregon plea agreement was that an agreement would also be reached in Nevada. Mr. Payne was given a very short period of time in Oregon from the date the plea offer was received on July 12th, before that offer expired at 5:00PM on July 13th. On the date Mr. Payne signed the Oregon plea agreement, the Nevada offer was only in a draft format. Notably, the entire “statement of facts” section of the Nevada plea offer had been left blankWhen Mr. Payne arrived in Nevada, he was only then provided a “statement of facts” that Nevada prosecutors demanded he agree to in order to secure the deal. Subsequent negotiations have not been able to break through the differences between the parties in Nevada.

On the date he entered a guilty plea in Oregon, had Mr. Payne known all the terms of the deal in Nevada, he would not have signed the deal in Oregon.

Additionally, Mr. Payne’s case is unique in that he is being prosecuted simultaneously in two federal districts, in complex trials. This Court previously acknowledged that having Mr. Payne and his co-defendants be charged in both districts was “a most unusual situation the defendants are facing here.” The “unusual situation” of simultaneous prosecutions should be considered by the Court when weighing whether intervening circumstances in another case, in another district, are compelling to meet the “fair and just” standard. Because the parties and Mr. Payne were clear at the change of plea hearing that the “foundation” of the Oregon plea deal was reaching a similar deal in Nevada, the change in circumstances upon Mr. Payne’s arrival to the District of Nevada weigh in favor of granting withdrawal of his plea.

Ryan had been deceived by Nevada, and given an incomplete document, relying, instead, on verbal promises — which prove to be worthless.  He had been led to believe what the Nevada plea would entail, but found that it was not as represented.  He also had to consider the “most unusual situation” where he would have to prepare defenses in both states, while still detained, under guard, with limited access to attorneys, and nearly no access to those outside who may have been able to help him prepare his defense.

B.  Newly Discovered Evidence Was Provided After Mr. Payne’s Guilty Plea

Although many of the facts of what occurred at the Malheur Refuge are not in dispute, the legal significance attributed to those facts is highly disputedProof of a conspiracy requires intent. Thus, any and all statements of intent, motive, and purpose are extremely relevant to an ultimate determination of guilt.

Subsequent to the change of plea hearing, the government produced seven additional volumes of discovery to all co-defendants. Some of this new information was particularly germane to Mr. Payne. For example, it included a video that depicts Mr. Payne talking to many others at the Refuge on January 7, 2016. In the video, Mr. Payne is shown discussing the goals of the protest, discussions he and others previously had with Harney County Sheriff Dave Ward, and Mr. Payne’s clear statements to alleged co-conspirators that they do not want violence. The existence of corroborating evidence of Mr. Payne’s non-violent intentions is a factor for the Court to consider when evaluating the effect of new evidence.

More significantly, prior to Mr. Payne’s change of plea hearing, the government had not disclosed the extent of its use, nor the names of confidential informants employed by the government to infiltrate meetings at the Refuge and elsewhere. It has now been revealed that some of the inculpatory [proving guilt] conduct and statements attributed to Mr. Payne apparently were made to confidential informants, a fact previously unknown to Mr. Payne. Had Mr. Payne and his counsel been aware of this basis for impeachment of the government’s potential witnesses, they could have evaluated the strength of the government’s case differently.

Newly discovered information need not be exculpatory in order to warrant withdrawal of a guilty plea. United States v. Garcia, 401 F.3d 1008, 1011 (9th Cir. 2005) (noting that defendant need not “show that the new evidence exonerates him or that there is a reasonable probability he would not have been convicted had the case gone to trial”). Instead, the question is whether the new evidence “could have at least plausibly motivated a reasonable person in [the defendant’s] position not to have pled guilty had he known about the evidence prior to pleading.” Garcia, 401 F.3d at 1111–12. Again, in weighing whether newly discovered evidence provides a basis to permit Mr. Payne to withdraw his guilty plea, the Court must apply the standard liberally towards the relief he seeks.

If we understand that hearsay evidence is inadmissible, then we find that the government has provided, in Discovery, hard evidence of things that might have been said.  And, no evidence that might exist that would dispute the inculpatory evidence, so that there was a means of countering what had been provided.  Where having that which had not been provided might, at least, afford a fair hearing, might be the reason for pleading out of frustration, rather than fighting the battle in court.

C.  The Rule 11 Plea Colloquy Demonstrated that Mr. Payne Did Not Fully Agree to the Factual Basis for his Plea to Count 1

It is clear from his responses at the change of plea hearing that Mr. Payne had serious misgivings and reservations regarding the factual basis for his plea. His responses were equivocal, at best, regarding the factual basis and whether he believed he was really guilty of the crime. For example, Mr. Payne stated that “I have come to understand that folks who were — who work for the Government, that that Constitution ordained, perceived my actions as threatening or intimidating.” This followed a statement in which Mr. Payne said that his true intent in traveling to Harney County, Oregon was to “uphold and defend the Constitution.” He also stated that “as it has been presented to me,” it was his understanding that his conduct actually impeded federal officials through threat or intimidation. The only response regarding the factual basis that was unequivocal was a simple affirmative response (“I did, your Honor”) to the question pointed specifically towards whether he entered into an agreement to intentionally engage in conduct. The Court need not find that Mr. Payne’s plea was invalid to allow him to withdraw it. Oretega-Ascanio, 376 F.3d at 843. When the Court liberally applies the “fair and just” standard, it should consider, as a matter of fairness, that Mr. Payne was extremely equivocal in his responses regarding the factual basis for his plea. His equivocations, coupled with the pressure of the situation and the statement of his true intent to engage in lawful conduct, may also persuade the Court that Mr. Payne’s guilty plea should be withdrawn.

So, when you do not have the means, or evidence, to prove the truth, and the government, through discovery, has only provided that which offers no substantiation of the truth, you have little choice but to capitulate.  But, wait, the government was withholding that exculpatory evidence until after the plea agreement was signed.

So, it appears that those three conditions necessary for the Judge to grant his Withdrawal, are clearly supported in the Motion.

Finally, what Ryan is seeking is, “a trial by jury at a date and time to be determined.”

This is a rather interesting turn-around and creates an even more interesting dilemma for Judge Anna Brown.  It would be difficult to join Ryan with the remaining Oregon defendants, since their trial will be going on at the same time as the Nevada (Bundy) trial, in February.  This would require either rescheduling the next Oregon trial to avoid that conflict, or try Ryan separately, at some other time.

However, what led to this are the mountains of Discovery information, and then the Prosecutors feeding out only inculpatory evidence, leaving the defense attorneys to paint a rather dismal picture, concerning being able to obtain a not guilty verdict.  And, as pointed out, above, the threats of a 30-year sentence cannot even be considered, as they, unlike the plea agreement and transcript, are not a part of the Record.

This is just one more instance of chicanery by the government’s Department of Justice that leads to many thousands of plea agreements, and no fair hearing in court.  It also provides us even more insight into the technique of spying, not on foreign enemies or foreign governments, but on the people of this country;  Those  who tend to believe that the government continues to eliminate, piece by piece, those fundamental rights the Founders fought for, and then embodied in the Constitution, almost 230 years ago.

 

Note: There is an article, written by Ryan Payne, posted today, at “Bundy Affair“. It includes some discussion of the events related to the Burns event.

5 Comments

  1. […] In an article posted today, at “Burns Chronicles“, Ryan Payne has moved to withdraw his plea agreement, partially based upon trial based […]

  2. Paul Niblocksays:

    Once again, Gary, I have to thank you for your efforts. I have been more optimistic ever since the defense had started presenting their case and this latest news indeed increases that. I have never lost faith in Ryan nor the validity or righteousness of his and others involved actions, though I admit I started thinking he may have. I can only imagine life has been much stranger for him with a lot more time spent on introspection. It may not play out, but he should be a person remembered fondly by history.

  3. […] October 12, 2016, Ryan Payne submitted to the Court a Motion to Withdraw his Plea Agreement.  This was filed over two weeks before the Jury verdict (October 27, 2016), […]

     

Burns Chronicles No 34 – “shall enjoy the right… to have compulsory process for obtaining witnesses in his favor”

Burns Chronicles No 34
“shall enjoy the right… to have
compulsory process for obtaining witnesses in his favor

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Gary Hunt
Outpost of Freedom
October 17, 2016

As I watch these events unfold, I often compare them to the Constitution, as it is written — so that any man could understand it. But, when I try to fit the puzzle pieces into that image of what our Founding Fathers envisioned for us, they just don’t seem to fit.

The had decades of experience of the British government, whether Parliament or the Ministers, slowly encroaching upon their historical rights. So, when it came time to leave the Articles of Confederation behind, and to form a new limited government under the Constitution, they reflected on those encroachments, and both within the Constitution and the Bill of Rights, provided such limitations as they saw fit. Their purpose was to exclude any governmental authority that could subordinate those rights.

In this instance, the amendment that we should concern ourselves with is the Sixth. It reads:

In all criminal prosecutions, the accused [not defendant] shall enjoy the right… to have compulsory process for obtaining witnesses in his favor.

Putting that aside for a moment, we need to consider a couple of phrases that are probably well recognized, with regard to legal proceedings. First is “preponderance of evidence“, which is most often associated with civil actions, where there is not a crime, rather, a determination of which side is most likely to be correct in their claims.

Next is “beyond a reasonable doubt“. Now, this is only applicable to criminal cases and requires that the jury is unanimous in their determination of the guilt of the accused party. However, this doesn’t mean that when a criminal trial has “facts” that are in question, that the preponderance method shouldn’t be applied.

Let’s look at it this way. Suppose Witness “A” says that the Accused did something, and then Witness “B” says that they did not. Both are supposed to be relying on their personal knowledge, though there is always the question of the interpretation of an observation. Now, with both “A” and “B” providing conflicting “facts”, which shall the jury accept as proof?  Suppose, however, that there were a number of other observers to those facts. Let’s say that we have Witnesses “C”, “D”, “E”, “F”, & “G”. Wouldn’t their testimony provide the jury the means to more readily make a determination as to what appears to be the correct “fact”?

.

Now, equating that with the absolute right embodied in that Sixth Amendment, the “compulsory process for obtaining witnesses in his favor“, we can easily understand what was intended. If there is no contest as to the facts, then perhaps no additional witnesses are necessary. However, the Amendment provides that you have the “compulsory” (required to be brought or asserted in a pleading because of having arisen from the occurrence that is the subject of litigation) right. So, if it is “required”, that is an imposition on the judiciary to assure that the right is recognized and secured. It is NOT a discretionary act of the judge; it is “compulsory“. To hell with what the Rules of Criminal Procedure might say to the contrary. How can a self-serving rule override the Constitution?

So, now we see both the role, and the necessity, of “preponderance of evidence“, as it applies to a criminal prosecution. And, we also see that the Founders contemplated such a perversion of justice in providing a means of preventing the government from pursuing the same course the British did.

Now, before we talk about the witnesses, we can first look at what excesses the government was allowed in their presentation of the government’s case. Remember, the government attorneys are all “working for a paycheck”. The Defendants are working for their future. The following is based upon hearsay. In the need to be able to provide a simple demonstration of the government’s deed during the trial, I relied on information from people that were present in Portland, though not present during the display of weapons and ammunition, they only heard about it. I trust that the details are close to the truth of the matter.

The government spent 5 hours over two days in a display that can be considered nothing less than “cumulative”.  The paraded 22 long rifles and 12 handguns, it is easily presented to the jury that there were “twenty-two long guns and twelve handguns recovered at the Refuge. Since they couldn’t tie the weapons to individuals, they didn’t need to provide the detail that they did, on each weapon. Now, “they were found…” would be sufficient for the jury to know what was found where.

Then there was the ammunition they found. They could have simply stated that 18,000 rounds were found, and briefly explain where those rounds were found and what caliber they were. The jury should have no problem with that picture. Instead, the government spent hours discussing the guns and parading plastic containers of those 18,000 rounds in front of the jury.  This was simply a display of exaggerating their performance to increase the juror’s emotional reaction to that evidence.

So, though the government has no “compulsory process“, the Court surely has no desire to diminish the theatrics of the process everybody had to endure.

When we look at what “compulsory process” has become, with regard to the Defendants, we get a different picture. They were denied the testimony of Governor Kate Brown, though she is the one that insisted on the federal government dealing with alleged criminal acts within state jurisdiction. They were denied FBI Special Agent Katherine Armstrong, who could testify as to how false information was included in the Criminal Complaint that was the foundation for the arrest warrants and subsequent Indictment. So, we will never know just how many fabrications were necessary to achieve the warrants and Indictment.

There were over 40 witnesses the Defendants wished to call “in [their] favor“. The judge has gone with the Prosecution’s arguments of “cumulative”, “irrelevant”, and even “hearsay”, when that testimony is of discussion that the potential witness had with some of the Defendants. It is such testimony that has made much of the government’s case. Only a handful of those witnesses called by the Defendants will be allowed to testify. And, when only one witness is allowed refute something a government witness has said, which one, “A” or “B”, will the jury rely upon during their deliberations?

Let’s add a rather interesting aspect to this whole scenario of witnesses. The government has admitted to having 15 informants involved in their investigation. However, only one of those informants has testified, and only one other has been identified but did not testify. So, we must wonder why the government paid people to be witnesses, then denies the Defendants the right to call those witnesses to testify.

Could those witnesses provide exculpatory testimony, demonstrating that what the Defendants claim to be the case really is what happened during those rather interesting days, while the citizens occupied the Refuge? Even more intriguing, would those informants be able to testify as to what their instructions were? Were they instructed to provoke or incite certain activity? What did they learn from their “handlers”?

However, unless Judge Brown allows that “compulsory process”, we will never know what might be kept from the jury.

What was the intention of the Founders? Was it to allow the Defendant that “compulsory process“, and then for the jury to decide as to relevance? Or, did they intend for a government appointed judge, being paid by that government, to determine relevance?

Let me quote from the Declaration of Independence:

He has made judges dependent on his will alone, for the tenure of their offices, and the amount and payment of their salaries.

Why would they have had such a grievance? Why would they have written the Sixth Amendment? Was it because their concerns were much like those that are suggested in the foregoing?

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

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

jury-05

Gary Hunt
Outpost of Freedom
October 25, 2016

Having obtained a copy of the Jury Instructions, as given to the jury in the U. S. v. Ammon Bundy, et al, by Judge Anna Brown.  I had sought them, as I was curious as to whether the instructions, at least, conform to the laws.  In Camp Lone Star #31 – The Case of Kevin KC Massey – Challenging the Interpretation vs. the Wording of a Statute, an example of what is referred to as “Pattern Jury Instructions”, and how the wording of the instructions is contrary to the wording of the Statute.  So, let’s delve into Anna Brown’s mental state and cognitive abilities in advising the jury on the “letter of the law”.  (A PDF format of the Jury Instructions.  References will be to {page} number.)

What is the Law?

Regarding the obligation of the jury, with regard to their deliberations, on {4}, she says:

“Upon your return to the jury room, it is your duty to weigh and to evaluate all of the evidence calmly and dispassionately and, in that process, to decide what the facts are.  To the facts as you find them, you must apply the law as I give it to you, whether you agree with the law or not, which is just as you promised to do in the Oath that you took at the beginning of the case.”

John Peter Zenger was tried in a New York court, in 1735.  He had violated the written law on sedition by an article he had printed.  Though in violation of the working of the law, the jury acquitted him, and in so doing, vacated the law.

Later, when the Constitution was written, the jury’s action in that trial provided an understanding that the People were the final arbiters of the laws enacted by Congress, as the colonists did with regard to Crown written laws.

Now, I do not intend to discuss FIJA (Fully Informed Jury Association), though I would suggest that you would find them a source for what was intended to be the role of a jury in our justice system.  I am going to provide an historical context as to what “jury” meant in the age of the Founders, and what one State did to assure that the original intent would be adhered to.

Maryland ratified their Constitution on November 11, 1776.  From that Documents Declaration of Rights, we find:

III. That the inhabitants of Maryland are entitled to the common law of England, and the trial by Jury, according that law, and to the benefit of such of the English statutes, as existed at the time of their first emigration, and which, by experience, have been found applicable to their local and other circumstances

XVII. That every freeman, for any injury done him in his person or property, ought to have remedy, by the course of the law of the land, and ought to have justice and right freely without sale, fully without any denial, and speedily without delay, according to the law of the land.

XIX. That, in all criminal prosecutions, every man hath a right to be informed of the accusation against him; to have a copy of the indictment or charge in due time (if required) to prepare for his defence; to be allowed counsel; to be confronted with the witnesses against him; to have process for his witnesses; to examine the witnesses, for and against him, on oath; and to a speedy trial by an impartial jury, without whose unanimous consent he ought not to be found guilty.

Now, those are the only references to juries, and I will suggest that it was understood by everyone, in all of the colonies, that the jury could judge both facts and law.  To support this, we also find that the People are the ultimate authority under that Constitution.

I. That all government of right originates from the people, is founded in compact only, and instituted solely for the good of the whole.

II. That the people of this State ought to have the sole and exclusive right of regulating the internal government and police thereof.

But, I wouldn’t want you to take my word for it, so let’s look at their 1867 Constitution.  This was ratified after the chaos and turmoil created by the Civil War.  Apparently, concerns over the acceptance of the past understanding of both the jury process and the authority of the People, we find these changes in the new Constitution, ratified on September 18, 1867.  Again, from the Declaration of Rights:

Article 1.  That all Government of right originates from the People, is founded in compact only, and instituted solely for the good of the whole; and they have, at all times, the inalienable right to alter, reform or abolish their Form of Government in such manner as they may deem expedient.

So, they have the right (not the Legislature) to alter or reform.  However, it does not say how that would be accomplished.

So, since the power resides with the People, they have provided, and reinstituted, a means by which those laws enacted by the legislature can be judged by the people.

Art. 23. In the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, except that the Court may pass upon the sufficiency of the evidence to sustain a conviction.

For a final affirmation of what was intended, and readily understood, back in 1852, we have an “Essay on Trial by Jury“, by Lysander Spooner.  We find Spooner’s explanation of the right to judge the laws in Chapter I, Section I (page 4 of the PDF.):

“FOR more than six hundred years that is, since Magna Carta, in 1215 there has been no clearer principle of English or American constitutional law, than that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are, in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of, such laws.”

He goes into a greater explanation, though I believe that this is sufficient for our purposes.  Unfortunately, today, the Rules being used by the Court allow the Judge to deny that which is in the Constitution, by the intent of the Founders, and clearly what was understood to be the right of the jury, without question.

However, as we see by the instructions, the Rules and the words of Judge Anna Brown obviously circumvent the intent of the Constitution.  And, isn’t that what this trial is about?

Later, on {4}, she says:

“Because you must base your verdicts only on the evidence and on the Court’s instructions, it remains essential that you not be exposed to any information about the case or to the issues it involves beyond what has been received here in open court in your presence and the presence of the parties.”

She reaffirms that her “instructions” must be obeyed, and, by the way, don’t think very hard.  I’ll do that for you”.

Government’s Use of Informants

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On {12-13)}, we have the Judge vindicate some characters that are far more unscrupulous than any of the Defendants — by a long shot.

“You have heard evidence that one or more informants may have been involved in the government’s investigation in this case.  In order to investigate criminal activities, law enforcement officials may engage in stealth and deception, such as using informants who may assume the roles of members in an alleged conspiracy.”

I find it interesting that the “informants may have been involved“.  Heck, it has been admitted (stipulated) that they were involved.  Why couch that instruction in language that defies the testimony and evidence?  It seems likely that she does not want the jury even to think of the ramifications of a police state, where paid individuals infiltrate and spy on Americans, and then have the audacity to claim it is gospel.  The question as to whether their efforts are rewarded on performance, and the more dirt they get the more compensation they receive.  Nor does it preclude the possibility, since they have already given up their integrity in favor of the police state, and be willing to lie to increase that payment.

It is also worthy to note that the Court, in a sidebar, acknowledged that there were 15 informants, though by stipulation, the Defendants could only acknowledge nine of them.  After all, it would look far worse if informants numbering over twice their number, instead of a paltry 2-person advantage, outnumbered the seven people on trial.

The Written Word

Given that the law is composed of written words, it should be those words and what they intended that controls the Jury.  It is those words that, of themselves, should be the objective of the determination of the Jury as to the validity of the law.

So, let’s look at some of the Counts that the jury is charged with determination as to whether each of the parties is guilty, or not.  If someone is named in a Count, then that person, and any others named therein is a separate deliberation.  In some instances, we will have to look to the past to understand the intent, and we will also have to look at a legal definition that applies to us, though the government redefines that same word when it works to their benefit.

The General Charges:

On {13-14}:

THE CHARGES AGAINST THE DEFENDANTS

The government has charged the Defendants, Ammon Bundy, Ryan Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, and Neil Wampler, with committing various crimes in violation of three different criminal statutes as follows:

In Count One the government charges each of these Defendants with “Conspiracy to Impede Officers of the United States” in violation of 18 United States Code § 372.

In Count Two the government charges Defendants Ammon Bundy, Ryan Bundy, David Lee Fry, and Jeff Wayne Banta with Possession of Firearms and Dangerous Weapons in Federal Facilities in violation of 18 United States Code § 930(b). You may recall at the beginning of this trial I told you Count Two was also pending as to Defendant Shawna Cox. Count Two as to Shawna Cox is now no longer before you. Do not speculate about why that charge is no longer part of this trial.

In Count Four the government charges Defendant Kenneth Medenbach with Theft of Government Property in violation of 18 United States Code § 641.

In Count Five the government charges Defendant Ryan Bundy with Theft of Government Property in violation of 18 United States Code § 641.

Please note that Count Three is not pending in this trial.

Now, you will note that Count One has seven Defendants, Count Two has four Defendants, Count Four has one Defendant, and Count Five has one Defendant.  Therefore, the Jury is, in a sense, deliberating on 13 different cases — Each Defendant, singularly, to each Count that he is charged with.

Note, also, the wording of the violation within each Count.  There will be even more detail, below, but, then, this is where it gets really interesting.

However, a final comment, before we proceed:

On {16}, we find a simple statement:

An informant may not be considered a co-conspirator. Thus, the acts and statements of an informant cannot form the basis of an illegal conspiracy or be attributed to any Defendant.

So, these are not even law enforcement officers, yet they have immunity from being charged with criminal activity that you or I could be charged with.  Now, that is police state reasoning.

Count One

From {17-19}:

As noted, each of the Defendants are charged in Count One with Conspiracy to Impede Officers of the United States in violation of 18 United States Code § 372. In order for any Defendant to be found guilty of Count One, the government must prove as to that Defendant each of the following elements beyond a reasonable doubt:

First, beginning on or about November 5, 2015, and continuing through on or about February 12, 2016, there was an agreement between two or more persons, and an object of that agreement was to prevent an officer or officers of the United States Fish and Wildlife Service and/or Bureau of Land Management from discharging the duties of his or her office by force, intimidation, or threat; and

Second, the particular Defendant became a member of the conspiracy knowing of that objective and specifically intending to help accomplish it.

Now, we have all heard the legal expression, “on or about”, but here we have three months and one week in which the alleged crime occurred.  I understand that her instructions sort of, kind of, explain it, but if someone is charged with a crime, shouldn’t the day, with reasonable tolerance, be necessary to establish that a crime had been committed?  Or, is it sufficient to just sort of throw the whole darned calendar in and say that it happened on one of those days?

Now, is arrival at the Refuge proof of involvement in the conspiracy?  If so, would that date, or at least the day that the accused became hardcore is indispensable to the charge?  How can the jury determine if someone did something, when the jury really doesn’t know exactly when they did it?  Or, is our justice system based on the guess/opinion of law enforcement officers?

However, this gets even better.  There is an article that covers this aspect more extensively at “Officer?  What Officer?“.  However, we will address the short version, here.  To do so we must first look at the wording of the Statute:

18 U.S.C. § 372: Conspiracy to impede or injure officer

If two or more persons in any State, Territory, Possession, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof, or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined under this title or imprisoned not more than six years, or both.

Now, we are a nation of laws, and those laws are written so that we can, as the People, read and understand just what the law is.  Not what some judge wants it to be, since then we would be a nation of men, not of laws.

You will note that the law says “officers”, it does not say employees.  However, on {19}, she provides a redefinition of officers:

The term “officer of the United States Fish and Wildlife Service and/or Bureau of Land Management” means any person who is employed either full-time or part-time by the United States Fish and Wildlife Service or Bureau of Land Management.

So, she has redefined “officer” to include secretaries, custodians, and even part-time employees, as officials of government.  However, if you decide to read “Officer?  What Officer?“, you will see that “officer” is a much higher level of employee than what the Judge has decided (rule of man) to force upon the jury, in their deliberations {21-22}.

ELEMENTS OF COUNT TWO: POSSESSION OF FIREARMS AND DANGEROUS WEAPONS IN FEDERAL FACILITIES

As noted, Defendants Ammon Bundy, Ryan Bundy, David Lee Fry, and Jeff Wayne Banta are charged in Count Two with Possession of Firearms and Dangerous Weapons in Federal Facilities in violation of 18 United States Code § 930(b). In order for any of these Defendants to be found guilty of Count Two, the government must prove as to that Defendant each of the following elements beyond a reasonable doubt:

First, beginning on or about January 2, 2016, and continuing through February 12, 2016, the particular Defendant possessed or caused to be present a firearm or other dangerous weapon;

Second, in a federal facility;

Third, the particular Defendant acted knowingly; and

Fourth, the particular Defendant — or someone the Defendant intentionally aided and abetted — acted with the intent that the firearm or other dangerous weapon be used in the commission of a crime (in this case the Count One charge of Conspiring to Impede Officers of the United States) at least in part within that federal facility.

A defendant may not be found guilty of Count Two unless he or she is found guilty of Count One. If your verdict on Count One is “not guilty” as to a particular Defendant, then your verdict on Count Two must also be “not guilty” as to that Defendant.

The term “federal facility” means a building or part of a building owned or leased by the federal government, where federal employees are regularly present for the purpose of performing their official duties.

She then further defines this Count Two in more detail {23-24}:

FirstPossession of Firearms and Dangerous Weapons in Federal Facilities, as defined in these Instructions, was committed by someone;

Secondthe Defendant aided, counseled, commanded, induced or procured that person with respect to at least one element of Possession of Firearms and Dangerous Weapons in Federal Facilities;

Thirdthe Defendant acted with the intent to facilitate Possession of Firearms and Dangerous Weapons in Federal Facilities, as defined in these instructions; and

Fourth, the Defendant acted before the crime was completed.

Note that the second set seems to suggest “aiding, counseled, commanded, induced or procured“, however, we find no such wording in the Statute (below).  We have to wonder just how Judge Anna Brown makes this stuff up.

So, let’s look at what the Statute says, though with irrelevant paragraphs omitted, and qualifying paragraphs included:

18 U.S. Code § 930: Possession of firearms and dangerous weapons in Federal facilities

(a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.

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

(d) Subsection (a) shall not apply to—

(1) the lawful performance of official duties by an officer, agent, or employee of the United States, a State, or a political subdivision thereof, who is authorized by law to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of law;

(2) the possession of a firearm or other dangerous weapon by a Federal official or a member of the Armed Forces if such possession is authorized by law; or

(3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

(g) As used in this section:

(1) The term “Federal facility” means a building or part thereof owned or leased by the Federal Government, where Federal employees are regularly present for the purpose of performing their official duties.

(h) Notice of the provisions of subsections (a) and (b) shall be posted conspicuously at each public entrance to each Federal facility, and notice of subsection (e) shall be posted conspicuously at each public entrance to each Federal court facility, and no person shall be convicted of an offense under subsection (a) or (e) with respect to a Federal facility if such notice is not so posted at such facility, unless such person had actual notice of subsection (a) or (e), as the case may be.

By omission, the Judge has left the jury with a total misunderstanding of the law.  Some information can be found in “Firearms Not Allowed“, which will explain that the Malheur National Wildlife Refuge, in their brochure, stated that firearms come under State law.

Now, the Indictment addresses only paragraph (b), and the instructions, in both First and Second, say:

“possessed or caused to be present a firearm or other dangerous weapon… in a federal facility”

The Third and Fourth give us:

“Defendant acted knowingly… acted with the intent that the firearm or other dangerous weapon be used in the commission of a crime (in this case the Count One charge of Conspiring to Impede Officers of the United States).”

I believe it was rather gracious and surprising, that the qualifier of having to be found guilty of Count One was included.  However, she leaves the jury with an impression that it is illegal to possess a firearm in a federal facility.

For example, (a) makes it illegal, without the crime aspect, subject to the exceptions in (d)(3), which makes that “other lawful purposes” demonstrates that possession in such a facility is an accepted practice.  Then (h) provides that the property must be posted.

If the jury had such information, would they be less likely to find someone guilty?  After all, the Second Amendment, as was attested to in Court, provides that the Defendants had every right to possess those firearms, providing a completely different standard to the jury, upon which to weigh any aspect of firearm possession.

At least, given the entire Statute, the jury could determine, supposing that someone was found guilty of Count One, whether their possession of a firearm at the Refuge would have been within the acceptable provisions of the Statute, or was specifically with criminal intent.  As the Judge gave it, if they were Guilty of Count One, they would also be guilty of Count Two.

Count Five

This Count charges Ryan Bundy with theft of a camera, or cameras.  However, the evidence shows that the cameras were retained and made available for the FBI to pick them up at a press conference, or at any other time, at the Refuge.

So, perhaps we should start with “theft” in common legal usage — which would apply to you, or to me.  This is from Black’s Law Dictionary, Fifth Edition:

Theft.  A popular name for larceny.  The taking of property without the owner’s consent.  People v. Sims, 29 III.App.3d 815, 331 N.E.2d 178, 179.  The fraudulent taking of personal property belonging to another, from his possession, or from the possession of some person holding the same for him, without his consentwith intent to deprive the owner of the value of the same, and to appropriate it to the use or benefit of the person taking.

It is also said that theft is a wider term than larceny and that it includes swindling and embezzlement and that generally, one who obtains possession of property by lawful means and thereafter appropriates the property to the taker’s own use is guilty of a “theft”.  Kidwell v. Paul Revere Fire Ins. Co., 294 Ky. 833, 172 S.W.2d 639, 640; People v. Pillsbury, 59 Cal.App.2d 107, 138 P.2d 320, 322.

Theft is any of the following acts done with intent to deprive the owner permanently of the possession, use or benefit of his property: (a) Obtaining or exerting unauthorized control over property; or (b) Obtaining by deception control over property; or (c) Obtaining by threat control over property; or (d) Obtaining control over stolen property knowing the property to have been stolen by another.

See also Auto theft; Embezzlement; Extortion; Intimidation; Larceny; Robbery; Theft by false pretext.

There was never any intent to convert the property to the use of Ryan Bundy, or any other person at the Refuge.  The offer to return the property was made within hours of the removal of the cameras.

Now, as far as consent, well, there was no name on the cameras, so there was only an assumption that they were owned by, or under contract to the FBI.  However, let’s look at what you might do if someone were spying on you.  Suppose you found an audio “bug” in your house.  You don’t know who it belongs to, but you assume that it is either a private contractor (private eye) or the government.  Now, if you took it down, is it stolen?  Suppose you put a sign on your front door, “Bug Found, will return to the owner upon proof of ownership.  Please enquire within.”  Have you stolen it?

Now, if you sold it, or managed to connect it to your Smartphone, for your own use, then, well, you have stolen it.

However, let’s, once again, look at the Statute that Ryan Bundy is charged with:

18 U.S.C. § 641: Public money, property or records

Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another, or without authority, sells, conveys or disposes of any record, voucher, money, or thing of value of the United States or of any department or agency thereof, or any property made or being made under contract for the United States or any department or agency thereof; or

Whoever receives, conceals, or retains the same with intent to convert it to his use or gain, knowing it to have been embezzled, stolen, purloined or converted –

Shall be fined under this title or imprisoned not more than ten years, or both; but if the value of such property in the aggregate, combining amounts from all the counts for which the defendant is convicted in a single case, does not exceed the sum of $1,000, he shall be fined under this title or imprisoned not more than one year, or both.

The word “value” means face, par, or market value, or cost price, either wholesale or retail, whichever is greater.

Well, I can find nothing in that Statute that is applicable to the circumstances of the charges made against Ryan Bundy.

So, now, let’s look at how the Judge decided to instruct the jury, with regard to his Count {25-26}.

First, the Defendant knowingly stole or converted to his own use or the use of another cameras and related equipment, with the intention of depriving the owner of the use or benefit of this property;

Secondthe cameras and related equipment belonged to the United States; and

Third, the value of the cameras and related equipment was more than $1,000.00.

A person acts “knowingly” if the person is aware of the act and does not act through ignorance, mistake, or accident.  You may consider evidence of a Defendant’s words, acts, or omissions, along with all of the other evidence, in deciding whether a particular Defendant acted knowingly.

A person acts “with the intention of depriving” the owner of the property if the person has a purpose or conscious desire to deprive the owner of the use or benefit of the property.

Now, note that in the First, it begins with the “stole or converted to his own use or the use of another”, while the Statute says, “Whoever embezzles, steals, purloins, or knowingly converts to his use or the use of another.”

So, both the instructions, which were somewhat ambiguous, and the Statute are contrary to the word “theft”, as it would apply if something were stolen from you or me.  However, we can look to the definition of “with the intention of depriving“, which was never the purpose of the actions by Ryan and others.  Their sole purpose was to protect themselves from intrusive spying being conducted on them, and nobody has come forward with a warrant to allow that spying by the federal government.

For a final thought on the legality of the government spying, the camera was mounted on a public road.  To install those cameras, it would require both a “right-of-way utilization permit” and permission from the owner of the poles that they were mounted on, to be legal.  The government has shown no proof of either, nor have they shown proof that the cameras were owned by the government.  They simply want not to have to answer those questions to the jury, so the issues are obfuscated in the Jury Instructions.

How did we convert (not for our own use or the use of another) the Rule of Law into a system that has become a Rule of Man?  Or, in this instance, woman, who converts the written word into something that it was never intended to be the law that was enacted by the Legislative Branch of Government — the Congress?

Deliberations

In the final portion of the 30 pages Jury Instructions, we find what is probably the most problematic portion of the document.

We have all taken multiple-choice quizzes.  So, what happens when you find that your answer lies somewhere between two choices, or not at all?  Now, when the courts decided to give a simple yes or no worksheet for determination of guilt, what happens if your answer is somewhere between the two?  So, here is that Instruction {29-30}:

A separate verdict form has been prepared for you to complete as to each Defendant.  After you have reached a unanimous agreement as to the verdict for each Defendant, your Presiding Juror should complete the verdict forms as you have agreed, sign and date them, and then advise the Courtroom Deputy that you are ready to return to the courtroom.

In the forms I have seen, before, it would have a statement such as, “If you find that Mr. X did hold a weapon, you must find him guilty”.  Have we become so dumbed down that we cannot, as a jury, rely on the law and the facts, and then judge both?

Let’s look at it this way.  We are supposed to obey the laws.  The laws are written in English.  Those few remaining Americans who speak English should be able to understand the laws, as they are written.  So, if they are the laws that we are supposed to read, understand, and then obey, why does the Jury have to have someone interpret them into terms that the Defendants are bound by at trial?  Bottom line is that the Jury is not judging the by the law, rather, by what the government wants the law to be.

Challenging that same government for subversion of the Constitution and denial of the enumerated rights of speech, assembly, and redress of grievances has resulted in the government, through chicanery at trial, proving the point that was being addressed when those Americans entered the Refuge back on January 2, 2016.

 

One Comment

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Burns Chronicles No 36 – Words from the Poor Losers

Burns Chronicles No 36
Words from the Poor Losers

crying-emoticon

Gary Hunt
Outpost of Freedom
October 29, 2016

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

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

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

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

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

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We will start with News Release from the FBI, the investigators and shooters in the events of this past January, with a statement by United States Attorney Billy J. Williams, in charge of the prosecution for the government (emphasis mine):

JURY DELIVERS VERDICTS IN OREGON STANDOFF TRIAL

News Release from FBI – Oregon
Posted on FlashAlert: October 27th, 2016 5:24 PM

United States Attorney’s Office Press Release
USAO Contact: Kevin Sonoff
(503) 727-1185
kevin.sonoff@usdoj.gov

PORTLAND, Ore. — A federal jury today delivered its verdicts against seven defendants charged with conspiracy, possession of firearms on federal property, and theft during the 41-day armed occupation of the Malheur National Wildlife Refuge.  Jurors found Ammon Bundy, Shawna Cox, David Lee Fry, Jeff Wayne Banta, Kenneth Medenbach, and Neil Wampler not guilty on all counts.  Jurors found Ryan Bundy not guilty on charges of conspiracy and possession of firearms, but were unable to reach a verdict on the charge of theft.

Co-defendants Jason Blomgren, Brian Cavalier, Blaine Cooper, Eric Flores, Wesley Kjar, Corey Lequieu, Joseph O’Shaughnessy, Ryan Payne, Jon Ritzheimer, Geoffrey Stanek, and Travis Cox previously pled guilty.  Co-defendants Dylan Anderson, Sandra Anderson, Sean Anderson, Duane Ehmer, Jason Patrick, Darryl Thorn, and Jake Ryan will stand trial beginning February 14, 2017.  Charges against co-defendant Peter Santilli were previously dismissed.

While we had hoped for a different outcomewe respect the verdict of the jury and thank them for their dedicated service during this long and difficult trial,” said Billy J. Williams, United States Attorney for the District of Oregon.  “We strongly believe that this case needed to be brought before a Court, publicly tried, and decided by a jury.  Despite the verdict reached, I want to personally thank all of the law enforcement personnel who worked tirelessly to bring about a peaceful resolution to the Malheur occupation.  I also want to thank the residents of Burns, Hines, and Harney County and members of the Burns Paiute Tribe for their patience and resolve throughout this process.”

“For many weeks, hundreds of law enforcement officers — federal, state, and local — worked around-the-clock to resolve the armed occupation at the Malheur National Wildlife Refuge peacefully.  We believe now — as we did then — that protecting and defending this nation through rigorous obedience to the U.S. Constitution is our most important responsibility,” said Greg Bretzing, Special Agent in Charge of the FBI in Oregon.  “Although we are extremely disappointed in the verdict, we respect the court and the role of the jury in the American judicial system.”

The case was investigated by the FBI and prosecuted by Geoffrey Barrow, Ethan Knight, and Craig Gabriel, Assistant United States Attorneys for the District of Oregon.

Note that the government still calls it an “armed occupation”, though later they also say that they “respect the court and the role of the jury”.  They suggest that they will still hold the remaining defendants who “will stand trial beginning February 14, 2017”.  I guess they haven’t yet realized that if the ringleaders are not guilty, then it is simply a waste of time and taxpayer money (so far over $100,000,000 has been spent in this persecution) to do so.  But, maybe they are trying to pull a victory out of defeat.

They talk about the “law enforcement personnel who worked tirelessly to bring about a peaceful resolution to the Malheur occupation“.  Do they not realize that this whole thing really began with the Murder of LaVoy Finicum, definitely not a peaceful event.  And then after the verdict, Marcus Mumford was thrown to the floor by five US Marshal goons, then tazed, right there in the “halls of justice”, while the judge was only concerned with appearances when she ordered the courtroom cleared.  (Here is a short, 2’40” video of Mumford explaining what happened).  Then, David Fry, who was found not guilty by the jury, was handcuffed and put in a solitary holding cell, where he sat for hours before he was “processed out” as a free man, effectively saying that the government still retained him incarcerated.

So, we have an event that occurred over an extended period of time.  The sides began to clash over a shooting that was not peaceful, and the final act in the first trial ended in an act that was not peaceful.  The Defendants perpetrated neither of these acts — the government perpetrated both.  Boy, the spinnever stops.

Now, the real kicker in this press release is a statement by Greg Bretzing, Special Agent in Charge of the FBI in Oregon, when he says, “that protecting and defending this nation through rigorous obedience to the U.S. Constitution is our most important responsibility.”  Especially when that Constitution that he was “protecting and defending… through rigorous obedience to the U.S. Constitution“, and the Court absolutely refused to let the word “Constitution” be spoken during the trial.

Next, we can look at the press release of Harney County Sheriff David Ward, a key player, and supposed lawful authority in Harney County.  His statement is quite brief:

PRESS RELEASE

October 27, 2016

I have been notified of the not guilty verdict in the United States Federal trial of Ammon Bundy and other individuals involved in the Malheur National Wildlife Refuge takeover.

While I am disappointed in the outcome, I believe our form of government and justice system to be the best in the world.  These folks were tried in a court of law and found not guilty by a jury of their peers.

This is our system and I stand by it.

David M. Ward
Barney County Sheriff

However, Sheriff Ward assumed guilt by his participation, and submission, to federal overreach.  The fact that he was “disappointed” is indicative of his belief that he was right and the jury was wrong.  Then, considering how weak he has been through the entire ordeal that comes as no surprise.

Next, we hear from, well:

Governor Kate Brown
@OregonGovBrown

Statement regarding the Malheur Refuge Occupation trial:

“While I respect the jury’s decision, I am disappointed.  The occupation of the Malheur Refuge by outsiders did not reflect the Oregon way of respectfully working together to resolve differences.  I appreciate the due diligence of our federal partners and stand with the communities of Harney County and residents of Burns.

Governor Kate Brown”

She begins by “respect[ing] the jury’s decision“, but in the same breath, says that she is “disappointed“.  How utterly condescending can one be, especially with that being her opening statement?  She then refers to those in the Refuge as “outsiders“, but rather than dealing with those “outsiders” as the Governor of Oregon, she calls in some other outsiders, the federal goons, to deal with what is, and as determined by the jury, not a federal problem.  Civil eviction, under state law, would be the proper remedy.  But, well, what kind of governor is she?  Now, she can refer to the other outsiders as “federal partners“, but those many supporters in Harney County, and from other parts of Oregon, are not allowed to have the support of their partners, the Defendants.  Finally, we can look at her reference to “resolv[ing] differences“, and wonder why nobody was willing to address the “Redress of Grievances” that included her as one of the addressees of that obvious “difference”.  She simply ignored the “differences” that she suggests are “the Oregon way“.

 

Finally, let’s look at what the operators of the Malheur National Wildlife Refuge have to say:

While we are profoundly disappointed in the outcome of the trial, we are eager to move forward.  The U.S. Fish and Wildlife Service is committed to the security, healing and comfort of our Malheur National Wildlife Refuge employees and the Harney County communities they serve, and to continue strengthening the collaborations and positive relationships cited throughout this trial.

Dan Ashe
Director, U.S. Fish & Wildlife Service
Jason Holm
Assistant Regional Director–External Affairs
U.S. Fish and Wildlife Service, Pacific Region

Again, we find that they “are profoundly disappointed” in the verdict.  However, they are “committed to the security, healing and comfort of our Malheur National Wildlife Refuge employees“.  Dan Ashe, also tells us, in a February Oregon Live video (3’15” @ 2’06”), the direct cost of the occupation was $2,000,000.  Then, he tells us that the direct cost includes the “relocation of 17 employees who received threats, along with their families and expenses, to Portland, Bend, or Seattle, for their safety, to live in hotels.”

There is no indication that any of those “employees” suffered (though they may feel “offended” and need a safe space) and need any “healing”.  After all, they did not lose a day’s pay, during the entire event.  And, at least one of those employees visited that Refuge during the occupation, though that testimony was never presented to the jury.

What stands out is that they who have taken an oath to the Constitution, and are paid by the government the Constitution created, are so “disappointed” when the Constitution is adhered to.  They attempt to transfer the responsibility back on the defendants.

However, they do want to transfer any sympathy from those who spent 9 months in jail, paid thousands of dollars for their defense, and suffered undue hardship at the hands of local, state, and the federal government.  They don’t address the “security” of the Defendants and their families — especially financial security — as they lost their jobs and source of their sustenance.  They offer nothing with regard to the “healing” that the Defendants and their families will have to achieve only among themselves, their friends, and supporters.  They have offered nothing in the way of “comfort“, especially Jeanette Finicum, who lost her husband, at the hands of those seeking to resolve the armed occupation at the Malheur National Wildlife Refuge peacefully” or “respectfully working together to resolve differences“.

None of them has extended a hand of care, or an APOLOGY, for the hardships that they have imposed on others, as is truly warranted based upon the verdict of the jury — that process that they claim to revere as our constitutional form of government.  They are nothing more than hypocritical leeches, sucking at the government teat.

6 Comments

  1. Trena Schuster says:

    Even with the victory the Federal Government still treats the American public like something they are trying to scrap off their boot. I also believe that these men and women that stood together in this fight, prove that “We the People” are not as STUPID as the Government claims we are. Now we need to challenge the Hammond’s 1st and 2nd conviction, Bundy’s and supporters out of Jail, Mr Robertson, in Colorado, etc, etc, etc, My Neighbor is more important than the Government’s interests.

    • Victor Klinger says:

      I agree with all of the above that the Federal Government has got all of these and more people under their thumb. The Governor, Dave Ward, the Judge all of whom have taken an oath to protecting the constitution and is eveidence for impeachment or removal from their positions they presently hold. It has become evident that it is the federal govenment agenda to have the constitution disqlified as the premable that controls how they operate. It’s call treason against the United States of Ameiica. The patriots did every thing right in the take over in burns ,some of you ask how or what do you mean, because the fedetral government is guilty of causing tyrany against the farmers in Harney County trying to get people thru force to think the constitution has no meaning, and no force. All of the people involved in this mess trying to stop the patriots have violated their oath of office and they will never stand behind the people in the US. They are all worthless. So now all of us can learn a lesson here when some one say that our constitution dosen’t hold water instantly we should defend the constitution to the point of Levoye Finican did with his life he knew that at all cost we have to defend the constitution and remove any one that stands in the way for or life our childrens lives for every one. The actions of the people that could have stoped all of this should be asshamed for what they have done and we need the removed from our government at any cost they are the comunist that have started this war and we need to finish it now.

  2. Deborah says:

    I love reading your articles. Amazing as always. “Barney” County Sheriff’s is hilarious. BUHAhahahaha. Perfect! There was not a peaceful resolution as these fake federal/government POS like to claim. I anxiously await sweet victory of lawsuits to follow. Jeanette needs to not pay another dime to an attorney and her investigators need to know that it was FBI or OSP that killed her husband. It was mercenaries.

  3. […] after the verdict in the first Oregon Conspiracy trial, I wrote Words from the Poor Losers.  It was based upon statements made by government ‘officials’ who were upset over the […]

  4. […] XXXVI. Words from the Poor Losers [10/29/16] […]

     

Burns Chronicles No 37 – Intent v. Effect

Burns Chronicles No 37
Intent v. Effect

intent-v-effect-composite

Gary Hunt
Outpost of Freedom
October 30, 2016

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

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

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

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

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

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

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

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

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

.

Criminal activity should be judged on intent.  If an act is done inadvertently, with no intention of the act being criminal, then it should not be criminal.  However, the government has not been known to play that way.  Especially with patriots.  But, that is exactly what Clinton did.  She set up her private server, she conducted communication with her staff, and others, she allowed others who also worked for the government, to access her computer, and she let those with no ties to the government not only have access, but to maintain, the server.

That’s almost like saying, I jammed the door to the bank so that they couldn’t lock it, but I had no intention of robbing the bank.  When the means to create criminal activity are conducted, they become the intent.  Neither the jammed door nor the private server were accidental.

On the other hand, those who occupied Malheur National Wildlife Refuge (MNWR) conducted their activities in the open.  Anybody that wanted to visit was allowed to visit.  Anybody who wanted to eat was allowed to eat.  Anybody who wanted to spend the night was allowed to spend the night.  Only those whose behavior might be of concern for the safety of others were asked to leave.

The government enlisted 15 people to inform on those who occupied the MNWR.  At least nine of them actually visited the Refuge and were treated equally with everyone else.  They were supposed to “get dirt” on the principals.  However, they could get no “dirt”, so the government never called them to testify.  The Defendants, however, saw a benefit to having two of the informants testify on their behalf.

On the other side of Burns, at the Airport, the FBI set up their “headquarters”.  There were numerous battle dressed guards on duty at the gates and questioned anyone that approached them.  Their operation was about as secretive as you could get, and access was denied to all but those chosen soldiers of the government.

When the activity of those at MNWR and those at the airport are compared, which of the two groups reeks of intent?  Which one reeks of armed force?  Which one reeks of conspiracy?

However, at the other location, the jury clearly understood that there was no intent of conspiracy, and that the government employees would be as welcome as anybody else would, though they stayed away as an effect of the occupation, not as a result of it.

When that government, established to serve the people, determines to serve itself, it has failed its purpose.  When that government turns its forces to persecute those who challenge its abuse, intending to make political prisoners of them, it has failed in its purpose.  When that government, created by the Constitution, refuses to abide by that Constitution, it has failed in its purpose and has become despotic.

But when long trains of abuses and usurpations, pursuing invariably the same object evinces a design to reduce them under absolute despotismit is their right, it is their duty, to throw off such government, and to provide for new guards for their future security.”

Declaration of Independence, July 4, 1776

Addendum (October 30, 2016)

In the article, I had taken some available information that seemed to suggest that Weiner had used Hillary’s server to send email to an underage female.  This may still be true, but the bigger story is that Huma Abedin had been sending highly classified documents to her own server that she shares with her husband, Anthony Weiner.

Huma, being an avowed Muslim, may well have sent some of the documents to her friends in Muslim countries.  She may also have provided herself and Weiner some “life insurance”, though it appears that that policy may have just expired.

One Comment

  1. […] XXXVII. Intent v. Effect [10/30/16] […]

     

Burns Chronicles No 38 – If You Can’t Continue To Punish Those Who Are Not Guilty, Then Punish Their Attorney

Burns Chronicles No 38
If You Can’t Continue To Punish Those Who Are Not Guilty,
Then Punish Their Attorney

marcus-mumford

Gary Hunt
Outpost of Freedom
November 4, 2016

On October 27, 2016, in a Federal Court in Portland, Oregon, Not Guilty Verdicts were read by the Court and affirmed by the Jury.  Shortly thereafter, a rather interesting and unusual event occurred.

One of the ex-Defendants, Shawna Cox, described what happened when the Jury was excused:

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

As we stood for the Jury to leave the room, I watched in disbelief as the Judge told us to all sit down and remain seated while the US Marshalls removed Ammon Bundy, Ryan Bundy, and David Fry from the room.

We were still standing and Mr. Mumford raised both of his arms and leaning down into the microphone on the desk in front of him he said to the Judge:  “NO Your Honor.  These men are leaving this room with me, as FREE Men!  The Jury has just acquitted them and they are free to leave!”

Judge Brown responded, “The Marshalls are going to take them back to the jail.”

Mumford said:  “You Honor, the jury has just rendered the Not Guilty verdict, and you have no more jurisdiction, do you?”

Judge Brown responded, “Stop yelling at me Mr. Mumford, don’t ever yell at me again, ever.  And No, I don’t.  But the US Marshalls are going to retain them until they are returned to Nevada to stand trial there.”

.

Then Mumford said:  “I have looked all day yesterday and all this morning and I can find no warrant for their arrest.  Show me the paper!  They were taken into custody the first time with no Warrant and you are not going to do it again!  Show me the warrant!  Show me the paper!”

Judge Brown said: “There is probably paper somewhere”.

During all this conversation, the US Marshalls had moved in close around Mr. Mumford who was still standing in his position behind the court table.  There were five of them and more moving in.  Mr. Mumford turned toward them still with his hands up and one of the Marshalls grabbed him by the left arm and another immediately grabbed his right arm and pulled him from behind the desk as they all began to push and pull at him.

One Marshall dropped him to his knees while another pushed him to the floor and put a knee into his back.  Other Marshalls had moved in and now there was a total of eight.  One Marshall on each arm and I could see his hands still open and up while another Marshall is telling him to put his arms behind his back.  It was not possible with officers holding his arms.

Then, I saw them shove his head to the floor as he said, “I’m not resisting!”  One Marshall had his left leg and was twisting his foot and leg (I was surprised at the stripped colorful sock Mumford was wearing) as his pant leg fell toward his knee.

This upset me and I was yelling: “What are you doing?  What’s the matter with you?”  Our victory just went out the window, and I was furious!!

More Federal Agents came rushing from the back of the room as the Judge yelled:  “Everybody Out!  Clear the Courtroom!”  They rushed us out of there, but not before I saw a Marshall taze Mr. Mumford and I heard Mumford say, “You are hurting me!”

I was looking back in shock and horror and did not want to leave him there.  I wanted to help him!  I was very angry

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

At that point, the reaming Defendants and attorneys were removed from the room.

Could a mature Judge have dealt with this matter without resorting to force?  Heck, I thought that was what our judicial system was all about.  Reasoned discussion, then conclusions.  However, that is not what happened when the simply question of legal authority arose.

The Federal Protective Services then took Marcus Mumford into custody.  He was cited for failure to comply with a federal lawful order and disturbance and released with a January 6 date to return to federal court.

When the government loses a case that might have been the “Trial of the Century”, they, like spoiled children, throw a tantrum.  In this case, the tantrum was thrown at one of the few attorneys that really made a difference in this case — by their persistence and pursuit of justice.

And, as so often happens, the government is the victim and Mumford has to return to court after the first of the year — unless the anticipated legal filings result in a dismissal, before January 6, 2017.

 

 

10 Comments

  1. Lynn says:

    Shameful and CLEARLY shows just how far down the gutter the court system has gone. I’ve read from many other sources who are absolutely shocked at this behavior! They’d better NOT get away with it–from the Judge’s antics to the U.S. Marshalls! Just disgusting!

  2. Amazing how the Radicals in the Federal no justice system react when people / lawyers bring up little things like LAW.. Papers.. authority… they turn into beasty terrorist mode like unto Saudi Arabia or Red China courts. This is Obama / Clintons style of ruling.. Not Constitutional, but Tyranical! I hope Mumford Sues them all, for abuse of power, kidnapping his clients (no warrants / legal right to keep them in prison) and sues the whole place for millions.. for their lawlessness… Obvious the Federal US Marshalls involved in Oregon, Utah, Nevada, and other states out here in the west are more KGB / Gestapo than USA Marshalls, The Marshall system in America has been radicalized, they are oath breakers not keepers, and abuse their power with glee.. such is tyranny such is terrorism.. sad really I hope there is an audit of the Marshalls to bring them back to a place of honor, for at this moment they are a very dark and evil group of thugs..nothing more than mafia enforcers with a badge and a guns… terror and force is what they have done. In the Oregon standoff and Bundy ranch stand, lawless is what it is… some day there maybe a judgment day.. Nuremburg happened. remember that lawless leos..

  3. Sopater says:

    This is a tragedy, but at least they didn’t “LaVoy” him.

    I hope that Mumford brings charges and justice is served.

  4. Sharon Holmes says:

    Did anyone ever find a warrant from Nevada? Of course not, but the judge in Nevada is out for blood too, so she probably got a judge to issue them.

  5. Bill Goode says:

    The marshals, that beat & tazed Marcus Mumford, should be charged with assault. Anna Brown should be removed from her judgeship for allowing such abominable behavior in her courtroom by those who were there presumably to keep the peace in the courtroom.

    This just shows what a pathetic judge Anna Brown is, allowing this to actually take place in her courtroom.

    • Nathan B4 says:

      It wasn’t just Mumford who was beaten. While in a holding cell waiting for his release, David Fry was shackled then taken out of his cell, forced to the floor and beaten by US Marshals.

  6. question says:

    What exactly did Mumford do that “made a difference” in this case? I thought it was all the wisdom of the bundys that made the case. Were the lawyers actually helpful?

    • ghuntghunt says:

      Mumford simply tried to get Ammon to walk out of court a free man, like the others (with the exception of Ryan Bundy), since they were found “not guilty”. There was no outstanding warrant for either of the Bundys, and there was no legal paperwork that provided for the government to detain them, further. In a hearing a few weeks ago, it was determined that there was not a shared jurisdiction between the two courts. Absent a warrant, or that shared jurisdiction, they both should have been released.
      Nevada would have to issue an arrest warrant for their arrest and had the Marshall’s serve it in court, after the verdict for them to be legally detained.
      Mumford’s role in the trial was to “ring bells that could not be unrung”. With the very broad leeway shown to the prosecution, and the very rigid restrictions on the defense, Mumford risked contempt to say things that he normally wouldn’t have to. That helped, considerably in getting a message o the jurors that, had they complied with the judge’s discretion, would never have been heard.
      However, the verdict, though it did have some of those elements, was based primarily on the fact that the jury found that impeding officers may have been the effect, but that it was not the intent.
      See

  7. God Is The One that made a difference and all the attorneys and defendants and the rest of US have been along for the ride,, and still are.
    Have we recognized Him and His Grace to bring us access to His Law if we will just put away ours and theirs and return to Him.
    God’s people’s enemies have never been able to stand before Us unless we were not right with God Our Father,,
    a very Jealous God He tells us that will not share His Glory with any other would be gods or Authorities.

  8. Lance Williamssays:

    The judge needs to be removed and the marshals know they were breaking the law need to be dismissed of their duties.

     

Burns Chronicles No 39 – Informants – What to do About Them

Burns Chronicles #39
Informants – What to do About Them

3-spy

Gary Hunt
Outpost of Freedom
November 6, 2016

Recently, I watched a video of an interview with Terri Linnell that was couched into an in-studio, live “exposé”, purporting to prove that what Linnell had said was an “obvious lie”.  This whole program was based primarily on my article, “Burns Chronicles No 32 – Terri Linnell (Mama Bear)“, and the host’s subsequent interview with Terri.

In the comment section of that video, I disputed a couple of items that were alleged to be truthful, one, in particular, dealing with the time element, and when people might have known when LaVoy had been murdered.  After all, this set everything into motion, this past January 26.

However, their estimate of when people outside could have known what had happened came out to 10:00 PM. Heck, I knew by 7:00 PM, and as I recall, it was one of my team members that had called me (in Burns) from another state to tell me what had happened.  Subsequently, one of the guests has admitted that they had no idea of what time the information would have gotten out — they were just guessing based upon when they found out about the murder.

I had intended to go back to YouTube and review/comment on the remainder of the 2 hour 25 minute video, since I had commented on perhaps only the first twenty minutes that I have watched.  Since I had been working on another article, I postponed that subsequent review.

Then I found myself tagged in a subsequent discussion on Facebook, I was invited to be interviewed because of my disagreement with the host.  I accepted, however.  I included the provision that my interview had to be done that day.  First, the video was damaging by its untruthfulness, and such lies should be outed in a timely manner.  Second, I didn’t want to wait the “3 or 4 days” for the host to conduct the interview.  I have better things to do than wait around for someone to try to figure what questions he needs to ask to try to cover his blatant misrepresentations.  Heck, the interview would have been about the video he had created, so if anyone needed to prepare, it would have been me.  However, he turned it back on me for not being willing to abide by his schedule.  So be it.  I have broad shoulders and take full responsibility for not doing the interview.

Now, why do I bring this up?  Well, since I posted the article, which I had agreed not to post until Terri testified in the Portland trial, many alleged patriots have attacked her, verbally.  Some understood and appreciate what she had done, but when she left the courtroom, she was stunned and could find no one who would talk with her, nor could she find a place to stay.  It was that treatment of Terri that caused me to put pen to paper, in hopes of providing another perspective on how we should treat informants.

So, let’s look at the three informants that testified during the trial.  First, we have Mark McConnell, though he still denies, or at least sidesteps, his role.  He was outed, intentionally, and quite surprisingly, by the government in their direct examination of an Oregon State Police officer.  It was later reconfirmed by the Court that he was, in fact, an informant.  Mark professes to be a patriot, and he probably is —along the lines of OathKeepers, where the Constitution is what they are told by their superiors, and is patriotism to the government, not to the country or the Constitution.  Mark is one informant that all true patriots should, at least, distance themselves from.

.

I’ll skip to the third informant in the trial, since the nature of all three types is what this is about.  That informant is John Killman.  John’s real name is Fabio Minoggio.  According to his testimony, he was born in Switzerland and served 20 years in the Swiss Army.  He took donuts to the Refuge to ingratiate himself, and then provided training in military, self-defense, and even how to remove someone from a car.

He is single and has a 5-year-old son.  Minoggio is now an officer with the Hualapai Tribal Police, in Arizona.  Little more is known about him, except that he received “expenses”, but claims he was not paid by the FBI.

Now, let’s go to the one that has gained the most notoriety, Terri Linnell.  To do so, we must start at the beginning of her decision to testify, as what preceded this event is simply history, and of no consequence at this time.  What follows is from an interview I did with Terri.  If anyone chooses to dispute this, I would suggest that they come up with more than their personal opinion, or else keep their mouth shut.

Terri had tried to contact Mike Arnold, then Ammon’s attorney, during the summer.  Arnold’s office kept trying to get her to speak to one of the investigators.  She did not want to speak to the investigator; she would only speak with an attorney.  She was concerned if word got out that she was going to testify, the government might do something to stop her.

As the trial approached, Per Olsen’s activity caught her attention, so she called his office, and Per spoke with her.  She explained what her testimony would be, and, she advised him that she had been a paid informant for the FBI.  Her subpoena was delayed to give the government as little notice as possible.

When she arrived in Portland, she had meetings in the Witness Room, mostly with Amanda, a member of Marcus Mumford’s team.  They had no problem with what her testimony would be.  The fact that she was an FBI informant led to Amanda beginning to open the door and pursue investigating the informant matter.  Amanda began scrutinizing the 1203 forms and realized that there were many informants.  This resulting in the admission of the number of informants involved and the eventual identification and calling of Killman (Minoggio) to the stand. and he had no problem with what her testimony would be.  Neither had identifiable 1023 reports (FBI – CHS Reporting Document), since the documents in discovery had been heavily redacted.

Her testimony, among other things, cleared David Fry, Neil Wampler, and Shawna Cox, of ever having firearms in the “mess hall”.  It also provided testimony that that she heard of no suggestions of any violent activity.

The only downside was when, in cross-examination, she was asked, as the prosecuting attorney purportedly read from a 1023, whether the people had discussed going to other locations to occupy them.  She stated that she never said that.  So, to clarify the situation, as I know it, many residents in the surrounding area had come to the Refuge and asked for help in their communities.  This led to teams going out and explaining Committees of Safety, the Constitution, and land rights matters.  The idea was to get others thinking, not to provide an armed force to go to those communities.

Since that time, people have, without a real consideration of both the facts and the consequences of their actions in attacking Terri, have continued to attempt to discredit her, and possibly cause some misguided patriot to cause her physical harm.

Many have suggested that Terri’s testimony led to the murder of LaVoy Finicum.  Nothing she testified to could, in any way, shape, or form, led one to such a conclusion.  Then those naysayers say, well, she was working with the FBI.  However, as I have pointed out in a previous articles, Brandon Curtiss had agreed to help the Sheriff, whatever decision he made — with regard to the Hammonds.  It also appears that other alleged patriots passed on much intelligence information to the FBI or Sheriff.  We know that there were 15 informants involved.  Each of those since found out have, at least, claimed to be on the patriot’s side, such as McConnell and Killman.  Both their known and unknown activities had far more to do with raising tensions, especially within the minds of the government people, and would more likely be activities that help shape the situation that resulted in LaVoy’s death.

Mark was outed, Minoggio was tracked down, and Terri came forth voluntarily to try to help the defendants.  Mark actually played a hand in the activity that led to LaVoy’s death.  Minoggio’s role was simply to gather intelligence and create some “evidence”.  Terri’s role was simply to watch six people.  LaVoy wasn’t even on her list.

So, the most important questing is:

How Should the Patriot Community Deal with Informants?

Mark McConnell is a marked man.  Any patriot that thinks that Mark has sympathy for the patriot community deserves what may come to him by associating with Mark.  Simple ostracization is about the extent of what can, legally, be done to address the problem of this type of informant.  Ban himfrom any events, meetings, even discussions on Facebook and other social media cites.  Pretend as if he does not exist.  Then, he can return to the hole that he has dug for himself.

Fabio Minoggio aka John Killman is a foreigner.  Why he decided to go to Burns and become an informant for the government is unknown.  He chose not to use his own name, opting to use an American or Indian sounding name, John Killman.  He, like McConnell, should never be accepted into any patriot group, and should be treated just like the scourge that comes to this country, and then works against its people.

Terri Linnell is the one informant that we need to consider, very carefully, as to how we should look at her.  It is not really her that is to be considered, rather, it is this type of informant.  She had previously informed for the government, however, that back was broken when she chose to testify for the Defendants, even at the risk of exposing her role and relationship with the FBI.  When I asked her why she chose to testify, she said, “It was the right thing to do.”  So, what we have is an informant that has chosen to change sides.  She has chosen to give up the means to make a few extra dollars.  She has changed sides!

Now, let’s look at the ramifications of what she has done.  She has become an outcast, to some.  She is the subject of derision, and is constantly attacked on Facebook and Twitter.  We need not go into the character of those that lead, or participate, is such attacks, because that, in the end is inconsequential.

We need to look well beyond this recent event.  We know that there were 15 informants involved.  Three have been outed, and we have good leads on three more.  However, of all of them, only one has stepped back across the line — to the right side.  So, what becomes extremely important is what example we leave for the next informant that has questioned their participation in informing against patriots.  Do we offer them a comforting welcome?  “Hi!  Welcome.  We are pleased that you have decided that you were on the wrong side and come to join us.”

Or, do we discourage them from coming to our side — which leaves them on the wrong side — because, by example, we have said, “So, you decided to help us by admitting you were an informant.  But, since you are an informant, we will never accept you into our community.”  If we do this, we can rest assured that we have precluded having some that may help us; may, if they don’t come out in the open, even serve as a double agent; and, deny adding someone to our ranks, when we need every body that we can get.  We have forced them to remain our enemy, as there is no refuge, if they did want to leave the bad side.

We can spend hours trying to convince others that our cause is just, hoping to get them to understand the Constitution and the intent of the Founders.  Yet, unless we change our ways, we will reject those who, by their own participation, have seen what is right, and what is wrong.  We discourage them from making a decision that we spend hours trying to get another to make.

If we do not see the benefit of open arms, though that may never really include trust, we have, in a sense, become our own worst enemy.

 

The entire Burns Chronicles series of articles is listed and linked at Burns Chronicles

 

3 Comments

  1. Torch says:

    Snitches are a dying breed! But with everything that’s going on just about every group/organization has been infiltrated in one way or another. We are to an extent our own worst enemy. When Ammon and the others “took over” the refuge SO MANY “patriots” were bad mouthing them on social media it wasn’t even funny. Now that they’ve been found not guilty those same “patriots” are cheering that they’re not guilty. Instead of us descending on Oregon in the thousands in support of their stand or to bring those to justice who murdered LaVoy, everyone was busy arguing on social media. If there was a real convoy of multiple vehicles PACKED with witnesses I doubt what happened would’ve happened. It’s sad how people turn on each other and because of that it’s no surprise that groups are being infiltrated. Something that is troublesome to me is how people are more “upset” about people in the group making us look bad then they are about RATS running around. That to me is the biggest problem. Maybe it’s because I’m a New Yorker or maybe it’s the life I’ve lived, but I TRUST NO ONE. I prefer to be a “lone wolf” because 3 can keep a secret if 2 are dead.

  2. […] XXXIX. Informants: What To Do About Them [11/6/16] […]

  3. Marksays:

    I have been in the pinch point of this, experiencing the influence of other government agencies’ power, threats, and manipulation. While I do not feel a desire to reconcile or be redeemed- I can see how such situations can manifest, and how people can find themselves outcast from something that they can enrich. We know that the FBI and other government agencies will invent crimes and intelligence because they rationalize it will make people safer. We know that – such as in my case, they will throw you in jail without a reason or even recognition of who ordered your detention.

    It is unfortunate that human nature prevails, but it is also the one redeeming quality that we should always consider before acting out against those who appear to have fallen upon their own sword.

     

Burns Chronicles No 40 – Allen Varner – Wolf

Burns Chronicles No 40
Allen Varner (Wolf)

av4

Gary Hunt
Outpost of Freedom
November 15, 2016

When I wrote “What is Brandon Curtiss?“, I had nothing but gratitude for Wolf.  He had stepped up when I was faced with Brandon Curtiss and his goons.  His involvement allowed me to continue packing in order to leave Burns.  The above picture was taken during this event.

There were some unanswered questions from an earlier incident.  When the shootout occurred at Camp Lone Star, back on August 29, 2014, Varner was with Kevin “KC” Massey and John Foerster, on the Texas Border near Brownsville, when a Border Patrol (BP) Agent fired in the direction of Foerster.  (See “The Arrest of K. C. Massey“.)  Now questions arose as to Foerster’s role, but Varner appeared to be without sin.  Varner, however, was the first to offer his pistol, in his belt under his shirt, to the BP agent, which led to Massey then turning his pistol over to BP.  In hindsight, there were other questionable actions by Varner, though unrelated to the topic at hand.

Varner was quite cooperative in my interview with him and provided some information that only he had, which indicated that much of what BP did, out of sight of Massey, was not consistent with the testimony they offered in court.  This could be interpreted as an attempt to ingratiate himself to Massey and myself.

According to Massey, Varner left Camp Lone Star within a couple of days of the shooting.  He did not return until two days before Massey’s arrest.  Was he there to report when Massey was going to spend the night in the motel room?  Only someone at Camp Lone Star would have that information.  At that critical time, Varner was at Camp Lone Star.

Now, often people have suspicion that someone could be an informant.  I may have reason to believe someone is an informant.  However, I will not write that someone is an informant unless I can prove that someone is an informant.  So, ironically, the person that helped me while I was in Burns is, well, an informant.

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 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.

A Public Trial, as intended by the Founders, was guaranteed so that we could judge both the alleged crimes of the accused and the role of the government.  This article, and subsequent articles on the subject of informants, is about the role of the government.

Informants are nothing less than spies, albeit, they are not spies set against foreign enemies or other countries.  No, they are spies sent by the agents of the government to act against their own people.  Whether they are paid, as was the case explained in my article “Terri Linnell (Mama Bear)“, to avoid prosecution for a crime they may have committed, or simply because they disagree with the politics of whomever they are informing against, they are nothing less than those contemptible creatures who, in most situations, face death if caught practicing their trade.  The only exception would be when they realize that they are on the wrong side, and willingly change to the right side.  This is addressed in another article, “Informants – What to do About Them“.

Using form “FD-1023”, also known as “CHS Reporting Document”, agents assigned to an informant provides information, based upon their communication, face to face, via text or email, by phone, or even secret messages, to place this information into the record.

Unfortunately, some of the records I have obtained are so severely redacted that nothing but the pre-printed form information is visible.  However, often what the informant reported can be compared to information obtained in speaking with victims of the informant, or the information reported may become available in other public forums.  Often, such information is “exculpatory” in nature, meaning that it tends to provide evidence that the accused may not be guilty of the crime with which he has been charged.  So, I will provide some of the text from the reports and offer a perspective regarding both aspects.  The entire body of information will not be provided in this article.  A sampling should be sufficient to provide the reader with understanding of just how these spies operate, and how they may set their own trap.  The spies will identify themselves as “CHS” (Confidential Human Source).

We will begin with January 4, 2016, two days after the occupation of the Refuge and the first identifiable report from Varner.

There are 25-30 people on the property to include 5 women who are assisting in cooking, etc.  Most individuals are carrying side arms and CHShas not seen any Iongrifles, but knows they are there. CHS has not yet seen any explosives and one militia member is in the watch tower approximately 100 feet in the air. The militia will be conducting patrols at night.  CHS will obtain license plates later this evening and saw one militia member driving a white 4X4 truck bearing US Government plate number I487752 presumed to belong to the refuge. The militia is expecting the FBI to arrive and know that they are being called trespassers and not domestic terrorists.

CHS observed the following vehicles:

[Note: first two vehicle descriptions and plate #s not included for the privacy of the owners]:

3) Jason Patrick, White Male, mid 40’s, 5’10″, 230 lbs, beard, mustache, seen driving the white 4X4 truck bearing US Government plate I487752.

So, we can see that this informant, along with others, provided a snapshot, updated frequently, of what was going on and who was present at the Refuge.

 

The next day, January 5:

Ammon Bundy, Brian Cavalier (Booda), Jason Patrick, Ryan Bundy, Ryan Payne, Blaine Cooper and Jon Ritzheimer are all staying in the main building up front. Pecking order CHS based on behavior observed is 1. Ammon Bundy 2. Ryan Payne and Jason Patrick 3. Brian Cavalier (Booda) and 4. Jon Ritzheimer. Booda is in charge of security. Ammon Bundy will more than likely speak with negotiators. CHS is in not staying in the front building and has not yet observed any formal plans. However, CHS is told the plan is to stay and wait for the FBI to make contact. They know the FBI will say they are trespassing, but believe it is B.S. as they do not recognize the land belonging to the federal government. They do not know what the FBI is thinking. By the FBI not taking any action, it has made militia members nervous/scared about the unknown. The militia does not know who will be arrested or exactly what plan of action will be taken when the FBI does make contact. CHS described the atmosphere as nervous, filled with anticipation and confusion if something were to happen. Some people are sleeping and they sleep in shifts.

No alcohol has been observed and approximately six people have been seen carrying side arms and long guns being .308 or 5.56 calibers on an AR platform. CH$ has been looking for explosives and has not observed any. The militia does have access to propane and fuel from the refuge itself. Patrols are being conducted and there is a person in the watch tower 24/7 with a long rifle and radio. There is a shift change in the watch tower at 3 a.m. CHS has not yet seen other set schedules at this time. CHS has asked about night vision equipment and the response received is that no night vision equipment is on site.

The following vehicle was observed on the property.
1999 Black GMC Truck bearing [state] plate # nnnnnn

The militia’s main objective is to have the property administered by the federal government returned to the people (States/counties). The second objective is to win the support of the American public to create the power needed to accomplish the first objective. At this point, everyone is united with these objectives. The militia believe they are currently winning by gaining support of the American public as well as the locals. They feel more empowered since the local are coming by and delivering supplies and the FBI has not yet reached out to the militia.

If the public demands they leave, CHS doesn’t think the militia will leave until additional pressure is placed upon them. CHS did not know what that pressure would be, but just asking the militia to leave will not work. If the FBI continues to do nothing, the militia will just gain more people on site and more power until the FBI is forced to react. None of the core leaders have made life ending preparations at this point, but Ammon Bundy and Ryan Payne have stated they would take a bullet if needed. Jon Ritzheimer stated he would go to jail, but appears very nervous and really does not want to serve any jail time. Militia members for the most part are just wondering around waiting for something to happen.

So, you can see that the FBI had a fairly decent picture of what was going on in the Refuge.  You can also see what the intended (perhaps exculpatory) purpose of the occupation was, as well as the “state of mind” of the principal players.  This was of importance during the trial, so we can understand why the government did not want the Defense to be able to identity and therefore call these people as witnesses.

CHS attended an administrative meeting today at 1:00 p.m. It was decided that three separate militia units will be created and led by Ryan Payne, Jon Ritzheimer and CHS. There are five people assigned to each militia unit leader and they are to conduct security patrols and other missions as requested by the “administration” .The three militia units will grow in size as more people arrive in support of the overall mission. All current fifteen members of the militia units intend to stay for the completion of the occupation…

Now, here is one of the little pieces used to deduce who the informant is.  He is one of three militia group leaders.  However, if we know (and we do) that Ryan Payne, Jon Ritzheimer, and Allen Varner were those three militia leaders, then we also know who “CHS” is.

CHS goes on to rank the principal players:

A ranking by the CHS of the most dangerous members on a scale of 1 to 10, ten being the most dangerous, included the following: Booda 9, Ritzheimer 8, Payne, Ammon Bundy 8 or 9, Ryan Bundy 8 or 9, Robert Finicum would most likely back down.

Rather interesting that he identified Robert (LaVoy) Finicum as most likely to back down.

In the January 6 report, we find more information, some tending to be exculpatory.

At least seven different vehicles driven by locals dropped by today to show support and deliver supplies to include, elk meat, steaks, hamburger meat, blankets, hand warmers, etc. The front porch of the bunkhouse used for cooking is now filled with food and supplies. One local stated he would be back again next week to drop off more supplies.CHS and others have been told to use the refuge’s fuel stored in large tanks for their personal use.

A… “Committee of Safety” held a long meeting with the Bundy’s today. [They were] to show their support for the refuge takeover.  They were also going to explain at the meeting that the militia at the refuge were not “crazy gun toting people” as portrayed by some of the media.

An individual named McConnell claiming to be the leader of the Three Percenters Militia in Arizona showed up at the refuge last night or early this morning. The individual is physically fit, mid 40’s, 6’ in height, blonde hair, blonde mustache, driving a brown colored jeep. McConnell also claims to be a Marine and/or Navy Seal. CHS considered McConnell as strength for the militia at the refuge. CHS could not describe any weaknesses the militia has at this time. If anything, the militia continues to gain strength in morale because the locals continue to come by to show support and deliver supplies.

CHS described the atmosphere as calm and relaxed but still expecting something to happen. Patrols were done every four hours, people have been sleeping and milling around like a normal day.

In the January 7 report, we have another clue that helps to identify the CHS, along with other information.

As of this morning, there were approximately 35-40 people at the refuge. So many people have arrived that the new arrivals are sleeping on the floor and not in bunks. They are expecting a lot more people to show up today.  “Will” is from the Seattle area and driving a Nissan X-Terra bearing Washington Marine Corps plate number nnnnnn. Will is the one who brought in the night vision equipment and it appears to be a night vision spotting scope. Will also brought with him a 300 Win Mag rifle. CHS also observed the following license plates: Nevada tag nnnnnn on a Ford F-150, Arizona tag nnnnnn on McConnell’s vehicle.

Last night at approximately 8:30 p.m., Louie Prepper at two others came over from their camp across the street and requested entry into the refuge and to speak with Robert LaVoy Finicum. CHS refused to allow them in resulting in a physical altercation. CHS was struck in the face and cut by Prepper and “Fat boy” (CHS’ description) from Colorado broke the mirror on CHS’ vehicleCHS got up and kicked Fatboy in the groin causing severe pain to Fatboy. Pete Santilli told CHS to stand down and Prepper and the two others entered to refuge to encounter Blaine Cooper. Cooper got into a physical altercation with Prepper and the two others. Fatboy claimed Cooper broke his nose and was going to file a complaint and they left the refuge.

The ATV was used this morning to take supplies to the watchtower allowing for guards to stay in the tower for long periods of time. Two guys mainly occupy the watch tower which CHS has not yet met.

CHS has observed one 300 WIN Mag rifle, two SKS rifles, three AK-47’s, one 12 GA pump action riot shotgun and quite a few AR-15’s (5.56). Most are mainly carrying side arms and one female is carrying a sidearm.

Patrols continue every four hours and are conducted by 4-5 people in vehicles. Patrol routes around the refuge are not set, more like people driving around in vehicles. People do remain at the front and back gates. Patrols are not done on foot because of the snow. Most active use of communication is via supplied radios, but cellular telephones are also being used.

CHS has not heard any rumors about kidnapping a federal agent. Atmosphere remains relaxed.

A Washington Three Percenter Militia member named Darrel is currently assigned in the watch tower. There is now a flare gun in the tower that will be discharged to warn everyone within the refuge of incoming law enforcement raids. CHS observed the night vision equipment brought in last night and it appears to be mountable on a rifle. The militia still fails to have any grasp on organization. Currently, Patrick is attempting to create a list of shifts and assignments for members within the refuge. The three militia units previously created and led by Payne, Ritzheimer and CHS are still in play, but have not yet been assigned to complete any tasks.

CHS observed California license plate number nnnnnn on a dark blue Chevy Blazer. There are roughly 40-45 people within the refuge. The atmosphere remains relaxed and still waiting for something to happen.

You can see that the FBI had status reports that gave them a day-to-day update on the situation at the Refuge.  We also see that Varner was still in charge of one of the militia groups.  However, another confirmation of his identity is found when he described the broken mirror incident.  In an interview with Varner, he said that he swung his fist to hit Louie (Lewis Arthur), hit the mirror instead, and hurt his hand.

We will skip the January 8 report, and since there were are no identifiable reports for January 9 and 10, go to January 11.

CHS provided two inert grenades taken from the refuge, a notebook recovered from the ground and showed case agent the hand held radio taken from Ritzheimer. People using cell phones are using the Zello walkie-talkie App to communicate. The notebook had several pages removed and contains limited to no useful information (see attached photographs).

The extra support has again made the administration and supporters feel as if they are winning.

The leadership was 1. Ammon and Ryan Bundy, 2. Jason Patrick, 3. Ryan Payne, 4. Ritzhiemer. Ammon and Ryan Bundy, LaVoy Finicum, and Payne remain as the administration of the refuge. Finicum was the self proclaimed media representative.

They group is calling themselves the “Citizens of Constitutional America” and not a militia. The administration is adamant that they do not call themselves a militia.

They have not constructed any defensive structures or positions such as rifle pits, sand bag cover, etc. The militia will more than likely use the heavy machinery on site for cover and have positioned some of this equipment at the entrances to the refuge. The patrol routes remain random around the perimeter and consist of individuals driving around in vehicles.

The interviewing agents showed the CHS an aerial photograph of the refuge complex with the buildings numbered. CHS described the use of the buildings as follows:

Building 19 – Fire Bunkhouse – CHS described this building as having 8 bedrooms, one bedroom has 4 bunks, the remaining rooms have two bunks each¯ All bunks were full.

Building 15 – Payne and Riztheimer were staying in the two small houses across the street from the firehouse

(building 19) . These houses have an exterior bathroom nearby¯

Building 18 – Warehouse

Building 11 – Warehouse/garage with lots of equipment

Building 17 or 16 -Generator building

Building 1 – Admin buildings were meetings are conducted

Building 6 – The two Bundy brothers and Finicum’s sleeping quarters

The third clue as to the identity of the source of these reports is related to the “hand-held radio”.  Ritzheimer said that he gave it to Varner.  In an interview with Varner, when asked directly about the radio, he said that Jon was in his truck with Blaine Cooper and he saw the radio sitting on the seat between them, but it was never given to him.  However, at shift change the next morning, the new guard contacted Jon to say that he had no radio with which to communicate.  It appears that Varner simply showed the radio to his handler, and then kept it for himself.

Two more identifiable reports were filed on January 15 and 16.  They continued updating with regard to the status, positions, state of mind, etc., of those inside the Refuge.  So, we can see that from this one source, a lot of information, some accurate, some not so accurate, was made available to the FBI.  On top of this, understand that there were eight other informants reporting from inside the Refuge.  There were also six additional informants in communication with the occupiers via telephone.  Those occupiers inside believed that they were talking to outside “friendlies”, and managed to provide quite a bit of useful information to those informants.  This topic will be addressed in a subsequent article.

In all fairness to Varner, I called him after I had finished the article.  I read him the statements about the three militia groups, the encounter with Lewis Arthur, and the report where he showed the radio he got from Ritzheimer to the case agent.  He stated that somebody lied — that it was bullshit.  He concluded with, “I ain’t no informant or agent”.

 

13 Comments

  1. […] that the “sign in sheet” may be the one that Allen Varner (Wolf) reported having turned over to the FBI.  There is no indication that Terri handed anything over to […]

  2. […] Peltier, concerned about what role Kullman is playing, contacted Ritzheimer to explain what Kullman was doing.  She indicates to Kullman that she has spoken with Ritzheimer and that he did not want any numbers to be given out.  Kullman had been given a leadership position; he replaced Ryan Payne as head of one of the three militia units.  The initial militia units were headed by Payne, Ritzheimer, and Varner, as explained in “Burns Chronicles No 40 – Allen Varner (Wolf)“. […]

  3. Wayne Von Bach, Wayne: Bach, Wayne: Bachmann says:

    I have never seen a picture of him without a hat on. Is allen Varner the old guy that always had a nasty cigar in his mouth, and was usually outside next to the fire? Is he the guy that was in a very secretive conversation with Melissa Cooper and Terry Linell after I got in Terry Linnell’s face about trying to drive me off the refuge? That conversation between them was in front of the sink on the left in the kitchen as one is facing the sinks from the lounge area.

  4. Wayne Von Bach, Wayne: Bach, Wayne: Bachmann says:

    The pic definitely resembles the man I recall, but looks younger. I have never seen him without the hat or that nasty cigar. Get him in front of me in a natural setting, and I will be more firm. I have never seen him with his hair all slicked down like that.

    since he always seemed to have an “attitude” I would really like to see what he had to say about me. I went back to Utah after the rally on the 2nd. I came back just in time for KrisAnne Hall’s presentation on January 18, 2016, and went to the Refuge afterwards on both nights. I had to go back to Utah on the 24th of January, two days before LaVoy was murdered.

  5. […] from the documents. This was explained the first time I excerpted from the document, in “Burns Chronicles No 40 – Allen Varner (Wolf)“. I stated at that […]

  6. […] from the documents. This was explained the first time I excerpted from the document, in “Burns Chronicles No 40 – Allen Varner (Wolf)“. I stated at that […]

  7. […] His first mention of the leak was on November 15, 2016, 6:39 pm […]

  8. […] Of course, I first drew that distinction back on October 15, 2016, in “Burns Chronicles No 40 – Allen Varner (Wolf)“.  So, are there two elements, each different from the other, as in the Letter, or, only one […]

  9. […] 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 […]

  10. […] record.  Those specifically mentioned were from “Burns Chronicles”, to include #40, #41, and #49.  Also quoted is my statement regarding the “prohibited material” taken […]

  11. […] Burns Chronicles No 40 – Allen Varner – Wolf […]

BURNS CHRONICLES ARCHIVED (21-30)

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

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.

Years ago, going through some old law books, I ran across a rather interesting passage in an enactment from Utah. It struck me that it was closer to innocent until proven guilty than our current judicial process. In speaking of the trial, it said that the Indictment was on trial, not the accused (notice the difference between the usage of “accused” verses “defendant”. The accused is one who has had the finger of criminal activity pointed at him. The defendant, however, is, by implication, presumed guilty and has to prove his innocence. In the former (accused), the Indictment is on trial. The Indictment is sort of a story of a crime, and the story has to be proven to find guilt. If the story is not true (proven), then the accused is not guilty. However, in the latter, the defendant is on trial and has to prove that he is innocent. If he can’t prove his innocence, then he is guilty.

Now, back to the trial and its second element. We are not talking procedure, such as opening statements, the testimony and submission of evidence, and then the closing statement. Instead, we need to look at what is done with the facts of the case. For the most part, the facts are not arguable, themselves, though there may be some facts that seem to contradict others. However, what is occurring in those three mentioned stages of the trial (opening, trial, closing), we have nothing more than each side doing his best to present those facts, arguing as to just what they seem to prove. Their objective is to convince the jury, and the public, that those facts prove the case of their respective side of the trial.

This allowed the community to evaluate all aspects from the crime, through the administration of justice. With that in mind, the public would also know whether the government was serving the people, or had become an administrative functionary of the government, itself, endeavoring, if possible, to assure the government’s desired outcome, rather than justice. They were, though without legal authority, the final decisions as to whether justice was served, or not. As with the OJ Simpson trial, though the majority of the public disagreed with the verdict, they still accepted the outcome.

It is in those instances where the court pursues the end desired by the government, rather than the end of true justice for the community, that must be of concern to all of us.

Why it should be of concern is that we are the source of authority (We the People) of the government. It is We that are to be served by government rather than us serving the government. Should we venture too far away from that concept, we will find that the government’s control over our daily lives will always be subject to the government’s approval.

Just a few decades ago, with the exception of occasional photographs depicting elements of a crime, or an occasional audio recording, evidence in the trial was very limited.

More recently, however, we find that the government has spent hundreds, if not thousands, of man-hours, in building a monumental case. The evidence is often beyond the comprehension of most to understand its magnitude. However, the government is constantly evaluating what they have gathered, and by the time arrests might be made, they have been able to process 95%+ of the evidence.

Then comes discovery, the right retained by the accused to have access to what the government is using to prosecute them. It is often well after the arrest, based upon the one-sided evaluation of the evidence, that the accused finally gets to begin to review the mountain of data, though it often comes piecemeal, and though the government had months in advance to prepare their case, the defendant must begin a process that, also, could take months to process. Of course, before he can fully understand what the government has to support their accusations against him, the right to a speedy trial (70 days) is long-gone before he has been able to digest just what that mountain contains.

Two recent examples of the magnitude of the evidence acquired by the government might be noteworthy.

In the case of William Wolf, we find that the government, from an article about the discovery, had acquired 524 pages of written discovery and 17 DVD’s.  The lowest capacity of a standard DVD is 4.7 gigabytes.  It is safe to calculate that each DVD could hold 6 hours of video or 72 hours of audio, or all 17 DVDs could hold 102 hours of video (2 1/2 work weeks), 1224 hours of audio (over 30 work weeks), or a combination thereof.

A much more recent example is the case out of Burns, Oregon, United States of America v. Ammon Bundy, et al. As of April 20, 2016, in a “JOINT STATUS REPORT REGARDING DISCOVERY“, the government gives us a then current indication of the magnitude of evidence:

To date, the government has produced eleven volumes of discovery that comprise approximately 25,000 Bates [numbered] pages, 58,570 files, and over 360 gigabytes of data [over 76 DVDs]. The government continues to produce discovery in multiple formats including .pdf, text files, tiffs, load files, and natives.

Of course, there are 26 defendants in this case, but each of their respective attorneys need to go through the entire mountain, or arrange to have it commercially indexed to see which pieces affect their client.

Now, in both instances, the question arises as to whether there is any exculpatory evidence. Exculpatory evidence is evidence that might prove the innocence of the accused. The government is reluctant to turn over anything that might weaken their case. After all, their purpose is to win, regardless of innocence or guilt. And, since there is no requirement that the government must turn over everything, unless the accused has reason to believe that there is something in evidence that he hasn’t been provided, he cannot generalize and ask for all that was not voluntarily given.

Surely, we have all hear of the KGB (the Russian Committee for State Security), and the Stasi (East German Ministry for State Security). They were secretive law enforcement organizations that made sure that the will of the leaders was properly applied. Their means included secret agents, informants, false accusations (perjury), and, most significantly, denying the public from knowing anything they chose not to admit to. This left the public to always believe that the government was doing a fine job, except those few dissidents who would soon find themselves on trial, perhaps for the rest of their lives.

However, the American right to a speedy and public trial precludes such practices — or does it?  Newspapers and other news sources are controlled, and can only publish that which is approved by the government. This creates what is commonly referred to as a “police state”.

It is the opposite of what the Framers gave us, and we have shed blood for, to retain that form of government. Our Liberty is a consequence of those efforts, far more than any other objects, except life and property. All are to be protected by the government that was created by the Constitution, and is therefore bound to that Founding Document that provides for an open and honest government.

As we advance in technology, such as the ease of recording audio, video, or both; the Internet, where everything you have said, under any circumstances; and the proliferation of informants and undercover agents (See Vortex – The threat that keeps us apart), we enter a realm whereby those standards of justice from the past can either be adhered to, or ignored, by those whose purpose is to administer justice on our behalf. However, if our judicial system abrogates that responsibility, choosing instead to assure that the government will almost always prevail against us, then we are nothing less than in a police state mentality that supported the KGB and the Stasi, except in name only.

As explained above, the intent of the Framers, has demonstrated by our judicial heritage back through centuries in England, is to allow the public to judge the process, for the sake of both their community and justice, then it would make sense that ALL information obtained by the prosecution be made publically available, without redaction. This would aid both the accuser and the accused, as anybody in the public realm who might have knowledge of something germane to the case, could come forward and offer what evidence they might have that would be beneficial to the ends of justice.

This would be particularly true with regard to the incidents in both Oregon earlier this year, and Nevada back in 2014, where hundreds, if not thousands, of pictures have been taken and where recorded conversations, or other testimony might shed light on the truth.

The government, however, chooses to hide behind a wall of secrecy. For instance, the Las Vegas Review Journal (LVRJ) has filed a Motion to Intervene with the Nevada Court to have the Discovery available to the public, via news media.

However, what is addressed in the LVRJ Motion doesn’t touch on the real problem.

If the government is able to suppress the information that they will use to try to convict the defendants in both Oregon and Washington, then they are approaching those tactics necessary for the KGB and Stasi to achieve their ends.

The government doesn’t want anybody but the defendants to see how the evidence was gathered. They argue that it is for the safety of the witnesses, though in both states, only the government has demonstrated a propensity for violence (See Burns Chronicles No 2 – Ambush and The Bundy Affair – #11 – “Violence Begets Non-Violence”). Perhaps it is their tactics, maybe well beyond what most Americans might deem to be acceptable. Perhaps it is the number of informants and agents that they injected into the events. But, if the government has their way, we will never know. And they will have achieved a major gain in moving into a complete police state, which is supposed to be guarded against by the foresight of the Framers when they wrote the Constitution and the Bill of Rights.

So, it is not just the defendants that are, so far, denied information critical for them to evaluate the charges against them, It is also a denial of the right of the people to know just how the government operates and whether it is seeking justice or persecution.

 

 

4 Comments

  1. Scott Brown says:

    Good article. On the issue of exculpatory evidence though look at United States Attorneys Manual 9-5.000 – Issues Related To Trials And Other Court Proceedings.

    Constitutional obligation to ensure a fair trial and disclose material exculpatory and impeachment evidence. Government disclosure of material exculpatory and impeachment evidence is part of the constitutional guarantee to a fair trial. Brady v. Maryland, 373 U.S. 83, 87 (1963); Giglio v. United States, 405 U.S. 150, 154 (1972). The law requires the disclosure of exculpatory and impeachment evidence when such evidence is material to guilt or punishment. Brady, 373 U.S. at 87; Giglio, 405 U.S. at 154. Because they are Constitutional obligations, Brady and Giglio evidence must be disclosed regardless of whether the defendant makes a request for exculpatory or impeachment evidence. Kyles v. Whitley, 514 U.S. 419, 432-33 (1995). Neither the Constitution nor this policy, however, creates a general discovery right for trial preparation or plea negotiations. U.S. v. Ruiz, 536 U.S. 622, 629 (2002); Weatherford v. Bursey, 429 U.S. 545, 559 (1977).

    It’s our job to demand the servants follow the law and of course they use every tactic to withhold anything useful to accused.

    Keep up your good work Brother.
    Scott in North Carolina State

  2. […] another article (The Public’s Right to Know), we looked at a policy that we would normally consider being the secret police practices that we […]

  3. […] another article (The Public’s Right to Know), we looked at a policy that we would normally consider being the secret police practices that we […]

  4. […] Outpost of Freedom » Blog Archive » Burns Chronicles No 21 – The Public’s Right to Know says: May 23, 2016 at 7:13 am […]

     

Burns Chronicles No 22 – OathKeepers vs. Militia – Part III

Burns Chronicles No 22
OathKeepers vs. Militia – Part III

wolf sheep 04 OK

Gary Hunt
Outpost of Freedom
May 22, 2016

Just over two years ago, I wrote two articles, Oathkeepers vs. Militia and Oath Keepers vs. Militia – Part II. Those articles were associated with the events that were happening at the Bundy Ranch, in Nevada. I had no intention of writing a series regarding the subject, though more recent events, in and around Burns, Oregon, have compelled me to do so.

What we are discussing is to what level members of OathKeepers cooperated with government officials, both local and federal, in Burns, Oregon. Beyond simple cooperation, did they also provide misinformation to both sides to heighten anxiety — on both sides?

To better understand this concept we need to revisit a story I did back in 1994. Michael Hill, an Ohio Unorganized Militia Chaplin, was shot to death on a roadside while returning from a patriot meeting. Hill was alone in his car and was being followed by friends. A police officer pulled Hill over and Hill complied, pulling to the side of the road. The police car pulled over behind him, and the friends pulled over behind the police car. While the friends were still present, they heard gunshots and fled the scene. Shortly thereafter, two additional officers arrived. Based upon my research, one of these officers fired additional shots into Hill’s nearly dead body.

What led to the heightened anxiety on the part of the police, and the situation that cost Hill his life was, in part, a notice put out by the BATF, in late April 1995, shortly after the Oklahoma City Bombing. The incident just described above occurred on June 28, 1995.

REQUEST NATIONAL BROADCAST
FM: BUREAU OF ALCOHOL TOBACCO AND FIREARMS,
WASHINGTON DC

TO: ALL FEDERAL, STATE AND LOCAL LAW ENFORCEMENT AGENCIES
SUBJ: WARNING TO ALL LAW ENFORCEMENT PERSONNEL:

ATF INTELLIGENCE INFORMATION SUGGESTS THAT THE OKLAHOMA CITY BOMBING MAY HAVE HEIGHTENED PARANOIA LEVELS AMONG VARIOUS MILITIA GROUPS ACROSS THE UNITED STATES.

INFORMATION SUGGESTS THAT THIS BOMBING MAY BE SEEN AS A “STAGED TERRORIST ATTACK” BY THE FEDERAL GOVERNMENT AS PART OF AN OVERALL PLAN TO DECLARE MARITAL[sic] LAW AND SUSPEND THE CONSTITUTION. IN ADDITION, MANY OF THESE MEMBERS FEEL THAT AN ATTACK ON THEM IS IMMINENT AND HAVE ALREADY GONE INTO ALERT STATUS.

THESE GROUPS HAVE BEEN KNOWN TO MOBILIZE AND ARM THEMSELVES FOR THE PURPOSE OF OBSTRUCTING LAW ENFORCEMENT ACTION AGAINST OTHER MILITIA MEMBERS. DUE TO THIS, ALL LAW ENFORCEMENT PERSONNEL ARE WARNED TO TAKE EXTREME CAUTION WHEN CONTACTING ANY KNOWN MILITIA MEMBERS OR AFFILIATES.

FOR ADDITIONAL INFORMATION REGARDING THIS WARNING, OR TO PROVIDE ANY FURTHER INTELLIGENCE REGARDING THE CONTENT OF THIS MESSAGE, PLEASE CONTACT THE ATF ENFORCEMENT OPERATIONS CENTER AT 1-800-659-6242 OR
RESPOND VIA NLETS

My Preliminary Report on the Death of Michael Hill explains the circumstances and why I came to the conclusion that the anxiety created by the BATF “Warning” was a contributing factor to the overly aggressive law enforcement action.

Within the context of the potential consequences of heightened fear, or anxiety, let’s look at just how that likely played a role in the recent events in Oregon.

Brandon Rappolla, an OathKeeper, was with Brandon Curtiss in November 2015, and, like Curtiss, indicated that he supported Harney County Sheriff David Ward, in whatever decision he made and did not support Ammon Bundy. However, in a January 9, 2016 Reuters News Article, Rappolla, even though he stated that he still didn’t support Ammon’s operation, gave him a “small roll of bills”. Since not publically supporting Ammon, this material support may have been intended to assure continued communications with Ammon.

Within a few days of the occupation of the Refuge, Joe Rice, Pacific Patriot Network and head of the Josephine County OathKeepers, reported to a Sheriff’s Deputy that Ammon’s people had “crew served weapons” (machine guns) and plenty of ammunition. That was certainly reported up the chain. This could explain why the purported original plan to raid the Refuge was abandoned by the feds.

So, by the end of the first week of the occupation of the Malheur National Wildlife Refuge, OathKeeper members cozied up to Ammon Bundy and his people, while they publically expressed that they did not support the operation,  and simultaneously provided intelligence  to law enforcement (however incorrect) regarding the armament of those in the Refuge.  Of course, this  report to the Sheriff and his deputies surely had the effect of creating some apprehension (fear) on the part of law enforcement, including the FBI.

So, was anything done by the OathKeepers that heightened the apprehension (fear) in the minds of the occupiers? Let’s look what OathKeepers had to say  on January 5, 2016, just three days after the patriots settled in at the OK Jan 5Refuge. OathKeepers posted the following statement on their Facebook page and the OathKeepers website.

“Oath Keepers has received very credible information from an active duty source within the special operations community that at least one SOD-X unit under the command of Joint Special Operations Command (JSOC) has been tasked for this standoff at the Malheur Wildlife Reserve and moved to the area. Given this, we should expect that other special operations assets, such as Delta Force… And we should expect the presence of the infamous FBI HRT (which were present at both Ruby Ridge and Waco).”

So, those in the Refuge went on alert, preparing for the worst, but determined to fire back, if fired upon. Can we doubt that there was a bit of apprehension (fear), especially considering the named opposing forces?

So, now, both sides were in a state of increased anxiety. Those inside of the Refuge were willing to negotiate, and wanted someone with legal authority to respond to the “Redress of Grievances” that they had provided to all interested parties who wished a copy, including Sheriff Ward and the FBI.

On the other side, the FBI and the Sheriff took what appeared to be a passive stand, allowing those inside to travel freely, eventually encouraging a degree of complacency, which was quite apparent on January 26 when they encountered the ambush on US Highway 395, which resulted in the murder of LaVoy Finicum.

However, we have only touched the surface of things. It was apparent that Sheriff Ward, probably acting under the instruction of the FBI, tried to talk those inside the Refuge into leaving, even offering safe conduct to another county or the state line. There is no doubt that the government wanted the focus taken off the Refuge lands, and there is equally no doubt that the occupiers knew that holding the land would guarantee attention to address their concerns over federal land practices.

On January 24, 2016, Jason VanTatenhove, Todd Engle, and Stewart Rhodes called LaVoy Finicum to discuss the situation, in a recorded broadcast (mp3 – 15:21). Their discussion began with the subject Constitutional Sheriffs, but led into a discussion of Sheriff Ward’s failure to perform his job, thereby leaving that responsibility to the people, themselves. The failure being the Sheriff’s unwillingness to intercede in the federal re-arrest of Dwight and Steven Hammond.

Jason seemed to support the actions of those in the Refuge, though he suggests that it should only be tried where there is already a Constitutional Sheriff. Stewart appeared to agree, (and I paraphrase) that LaVoy must find the right county, with the right Sheriff, before he should do something like this.

Stewart then expressed concern for what might be coming to the Refuge, in terms of government force being used against the occupiers — suggesting that the women and children should be removed. He follows up by saying that he believes the government might “drop the hammer”, suggested again, that they should leave Harney County. He continues to suggest that they move, even to a private ranch in Harney County. It appears that Stewart’s objective was to get them to move off of the Refuge, which is exactly what the government wanted to happen. He also says that Idaho III% and PPN are doing an excellent job in handling the field (in Burns only), which shows the close working relationship between PPN, Idaho III%, and OathKeepers. LaVoy said very little, and it seemed that that this was just Stewart’s show.

According to the OathKeepers article, the next conversation with LaVoy, was shortly after the above radio show aired.

After that show, there was another private call (mp3 – 13:40) to LaVoy, from Jason, Todd, and Stewart. Stewart was very direct in suggesting that those in the Refuge make a “lateral move” to a strong county. This, of course, would be exactly what the government wanted — get them off of the Refuge in order to arrest them. He tells LaVoy that the government is getting ready to “move on [them]”. So, was Stewart in the loop with the feds, or was he simply trying to scare LaVoy? Now, this is the second time that the OathKeepers have told those in the Refuge that they were going to be facing the feds, eminently. Todd explains that even the day before, when he was at the Refuge, that he told them that they had to move out, that force would be coming. Todd then assured LaVoy that some “seriously armed dudes” would be there to aid them. We must wonder where those “seriously armed dudes” were, two days later when the Refuge needed all of the manpower that it could get.  Again, armed support is offered if they are willing to leave. We simply have to wonder if they would be turned over by the armed escort, directly into the waiting hands of the FBI.

Bearing in mind that a “lateral move”, as proposed by OathKeepers, would have satisfied the fed’s primary goal, was the OathKeepers’ plan to get them make the “lateral move” off of the Refuge an effort to avoid bloodshed, or to firm up their working relationship with the feds?

If OathKeepers reported back to the feds that there was going to be no “lateral move”, did that result in the fed’s alternate plan of the ambush on US 395?

So, we come to the ambush. With what has been presented, there is little doubt that the Oregon State Police (OSP), based on the FBI briefings, began their role in the ambush full of apprehension (fear). In their minds, the possibility of a machine gun in the back of LaVoy’s truck was not outside of the realm of possibility to them. When the truck finally stopped, stuck in the snow, an FBI agent fired two shots. If the OSP officers realized that they didn’t fire the shots (there were only three OSP officers in position to deal with LaVoy), did those two shots, one of which entered the roof of the truck cab, heighten their apprehension? And, if so, were they more likely to minimize risk to themselves by shooting LaVoy in the back?

Some questions that warrant answers:

  • Just how much information from the Refuge did OathKeepers pass on to the government?
  • Was OathKeepers playing on the side of the government from the beginning?
  • Who benefited most from the actions of the OathKeepers?
  • Were OathKeepers intentionally trying to get those on the Refuge to abandon that site to facilitate their arrest?
  • Were their reports to the government intended to generate apprehension?
  • Did the actions of OathKeepers contribute to the circumstances that led to LaVoy Finicum’s death?

5 Comments

  1. Speak2Truth says:

    Also, on the Oath Keepers website, Stewart Rhodes sent a message to the FBI, warning they would have military crawling up their *sses and down their throats if they tried to take action against the refuge occupiers. This sort of threatening language seemed designed to agitate conflict. https://web.archive.org/web/20160117192755/https://www.oathkeepers.org/critical-warning-to-u-s-military-and-federal-leo-do-not-follow-orders-to-waco-ammon-bundy-occupation-in-oregon-or-you-risk-starting-a-civil-war/

    When the Bundy family rebuffed Joseph Rice’s attempt to enter and take control of the Refuge occupation, he immediately took his armed cadre over to the FBI staging area at the nearby airport unannounced, shook hands with the FBI then engaged in some condescending and insulting “discussion” with the FBI present. This video is available on YouTube. https://www.youtube.com/watch?v=K5w99LTKEA0

    It is worth mentioning that Joseph Rice is the person the Finicum family tried to contact, from inside their vehicle, at the original FBI stop, having been promised protection by “seriously armed dudes”. But, Joseph was conveniently far away by that time. http://www.oregonlive.com/oregon-standoff/2016/02/30_minutes_of_chaos_witness_de.html

    Joseph established the Pacific Patriots Network apparently in preparation for a lateral move of his own, as his actions could foreseeably result in the breakup (or worse) of Oath Keepers, where he is merely a chapter leader.

  2. […] that he was, in fact, an informant.  Mark professes to be a patriot, and he probably is —along the lines of OathKeepers, where the Constitution is what they are told by their superiors, and is patriotism to the […]

  3. […] arrival.  Rather quick work on his part.  The deceptive role of OathKeepers is explained in OathKeepers vs. Militia – Part III.  This explains the heightened alert status on that day.  Thus, McConnell, who had been invited […]

  4. […] the Court that he was, in fact, an informant. Mark professes to be a patriot, and he probably is —along the lines of OathKeepers, where the Constitution is what they are told by their superiors, and is patriotism to the […]

  5. […] arrival.  Rather quick work on his part.  The deceptive role of OathKeepers is explained in OathKeepers vs. Militia – Part III.  This explains the heightened alert status on that day.  Thus, McConnell, who had been invited […]

     

    Burns Chronicles No 23 – Terrorism Enhanced Penalties v. Due Process

    Burns Chronicles No 23
    Terrorism Enhanced Penalties v. Due Process

    kangaroo court2

    Gary Hunt
    Outpost of Freedom
    August 10, 2016

    So far, ten of those charged in United States v. Ammon Bundy, et al, have pled guilty, and the eleventh is soon to follow. They are, as follows:

    • Jason Blomgren (Joker J), pleaded guilty to a federal conspiracy charge.
    • Brian Cavalier (Booda), pleaded guilty to a federal conspiracy charge and a charge of possessing firearms or dangerous weapons in a federal facility.
    • Blaine Cooper, pleaded guilty to a federal conspiracy charge.
    • Travis Cox, pleaded guilty to a federal conspiracy charge.
    • Eric Flores, pleaded guilty to a federal conspiracy charge.
    • Wesley Kjar, pleaded guilty to a federal conspiracy
    • Corey Lequieu, pleaded guilty to a federal conspiracy charge.
    • Joseph O’Shaughnessy, pleaded guilty to a federal conspiracy
    • Ryan Payne, pleaded guilty to a federal conspiracy charge.
    • Geoffrey Stanek, pleaded guilty to a federal conspiracy charge.
    • Jon Ritzheimer, scheduled to plea

    So, why are they pleading? Is it because they really think that they are guilty?

    Most, if not all, of those above have been “intimidated” or “threatened“, by federal prosecutors, either directly, or through their appointed counsel, that a Terrorism Enhancement could result in a sentence of 30 years, possibly for each count.

    For a little background, over twenty years ago, I reported on a trial (see below) that I would eventually learn to be one where the Federal Sentencing Guidelines had brought into our judicial system something that was very foreign to the system of justice, as implemented by the Founders. Perhaps it would be beneficial to begin with an understanding of the judicial system that was intended, based upon many centuries of evolution in the British Common Law.

    The English Constitution, even before the Magna Carta (1215 AD), began evolving in 1080 AD, and was also the beginning of a legal evolutionary process that sometimes went backwards, but most often went forward, in an effort to provide justice rather than blind obedience to laws. It was the English Common Law that was the foundation of jurisprudence for the Founders.

    This foundation is evidenced even in current statutes, such as Florida Statutes (2015), where we find:

    2.01 Common law and certain statutes declared in force.—The common and statute laws of England which are of a general and not a local nature, with the exception hereinafter mentioned, down to the 4th day of July, 1776, are declared to be of force in this state; provided, the said statutes and common law be not inconsistent with the Constitution and laws of the United States and the acts of the Legislature of this state.

    We can also look to the Maryland Constitution (2008), which provides, in its Declaration of Rights:

    Art. 5. (a)
    (1) That the Inhabitants of Maryland are entitled to the Common Law of England, and the trial by Jury, according to the course of that Law, and to the benefit of such of the English statutes as existed on the Fourth day of July, seventeen hundred and seventy-six; and which, by experience, have been found applicable to their local and other circumstances, and have been introduced, used and practiced by the Courts of Law or Equity…

    In the same Declaration of Rights, we also find:

    Art. 23. In the trial of all criminal cases, the Jury shall be the Judges of Law, as well as of fact, except that the Court may pass upon the sufficiency of the evidence to sustain a conviction.

    Now, the Maryland Constitution predates the United States Constitution, as it was first ratified by the People on November 11, 1776 – over a decade before the Constitution. Clearly, the understanding (original intent) of the Maryland Constitution and the United States Constitution were predicated upon those laws that then existed, and definition, or intent, of the words used, were as they were understood at the time. Absent a lawful change of definition, those definitions and intentions are still the body of the law and should be recognized as such.

    Also true of the Common Law, at that time, and remember, the intention is still the same, is that a jury determines law and fact. However, there is one more aspect that comes into play. The jury also imposed the sentence, as they were the judge of facts, those which determined the severity of the crime; the law, what was intended and the extent applicable to the case at hand; and, by combining the two, would determine the sentence to be imposed, if the accused were found to be guilty.

    .

    For instance, if there were two assault cases, and one was minor, in that only a few bruises were the result, could it possibly be compared with, and judged, with the same severity of punishment if the victim were left bloody and unconscious on the ground?

    This would also go to intent; If one knowingly, and provably, disobeyed a law, and his intentions were for personal gain, the punishment should be more severe than if one broke the law, with no malicious intent, and was not even aware that he was breaking a law. The former should have a harsh sentence, while the latter should have a lighter sentence, if any punishment, at all.

    Even if that decision were left to the Court, the facts, and the circumstances, etc., should be paramount in determining a just sentence for any crime.

    In support of the concept, though not the application, because that responsibility has been usurped by the courts, we find, in 18 U.S.C. § 3553: Imposition of a sentence:

    (a) Factors To Be Considered in Imposing a Sentence. – The court shall impose a sentence sufficient, but not greater than necessary, to comply with the purposes set forth in paragraph (2) of this subsection. The court, in determining the particular sentence to be imposed, shall consider –

    (1) the nature and circumstances of the offense and the history and characteristics of the defendant;

    (2) the need for the sentence imposed –

    (A) to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense…

    The United States Sentencing Commission, “an independent agency of the judicial branch of the federal government of the United States”, was created by the “Sentencing Reform Act”, part of the “Comprehensive Crime Control Act of 1984”.  There are seven voting members on the Commission, appointed by the President and confirmed by the Senate, and serve six-year terms. At least three of the commissioners must be federal judges, and no more than four may belong to the same political party. The United States Attorney General or his designee and the chair of the United States Parole Commission sit as ex officio, non-voting members of the Commission.

    This, then, constitutes an extra-constitutional “commission” that has taken the imposition of penalty away from the discretion of the judges (who had taken it from the jury) and made an arbitrary, though somewhat flexible, micro-management of sentencing. That flexibility, however is most often used against the accused — for the benefit of the prosecution.

    The intention of the Act was to standardize sentencing, simply a form of incorporating federal control to a micro-management level. It was expressed as “necessary to remove the judge’ discretion in sentencing”.

    So, back to twenty years ago, when I was covering, though from a distance, the Trial of the Branch Davidians. I received a copy of a letter sent by Sarah Bain, Jury Foreperson in that trial, to the Judge, Walter Smith, that presided over the trail. In the letter, she expressed concern over some of the verdicts that had been found by the jury.

    To verify the letter as having come from the Jury Foreperson, I contacted Sarah to discuss the letter. During our discussion, we also spoke of the automatic weapons the government alleged that the Davidians had. She told me that the jury found no evidence that automatic weapons were used, or even present at Mt. Carmel; we were not aware of the sentencing, just a few days before. I wrote this article, based upon that conversation.

    When I heard of the sentencing, by Judge Smith, I was appalled by the sentences handed down, though I had no idea, at the time, of what “enhanced sentencing” meant. The sentencing, as reported by the Los Angeles Times on June 18, 1994, with regard to sentencing, states:

    “Under mandatory sentencing guidelines approved by Congress, the weapons charge–carrying a weapon in the commission of a violent crime–is punishable by a maximum of 30 years in prison. At the request of prosecutors and over the objections of defense attorneys, Smith imposed the maximum sentences on grounds that automatic weapons, the most destructive kind, were involved.”

    This added ten years to the sentence of five of the defendants, though the “fact” that it was based on was not a “fact”, at all, as determined by the jury. This is a circumvention of the Constitution, and is more akin to the backward sliding of the British Common Law, over the centuries, when the king determined that he was above the law. It appears that, now, the government appears to consider itself above the law, by developing means to circumvent that which so many have fought and died for.

    However, when I began researching for this article, I found that the Branch Davidians, specifically James Castillo, had pursued this injustice to the United States Supreme Court (Castillo, et al. v. United States 530 U.S. 120 (2000)). The Court decided, not so much on sentencing, rather on the wording of the statute, that the enhancement was not within the purview of the District Court judge to decide what had not been found by the jury. The statute uses the term “use” of a firearm, where the jury found no such fact to be true. So, the case was remanded and the sentences reduced accordingly.

    This then, begins to touch on the whole aspect of the United States Sentencing Guidelines (USSG), though it does not get to the heart of the matter.

    * * *

    Now, the events in Burns, Oregon evolved out of the persecution of Dwight and Steven Hammond. They had performed a controlled burn, the fire got out of hand, and burned 126 acres of public lands before they managed to put the fire out. Then, when the government set their own fire, supposedly a controlled burn, that had gotten out of hand, and threatened the Hammond’s ranch and home, they set a backfire that spread onto public land, though it kept the fire from burning down their home and outbuildings. They were charged under a statute that was enacted with the intention of prosecuting those who set fires, with terrorism as an objective. Though that was not the case with the Hammonds, and was not brought up at trial, they will serve five years in prison, without any enhancement. The Statute was enacted to punish terrorists, not to punish ranchers who carried on practices that have been carried on for centuries, those same practices also being carried on by government agencies. This is truly a perversion of the intent of the law, but not, in the least, the application of “enhancement sentencing”.

    Instead, probably more subject to an overarching attitude in Congress that they can prevent crime by enacting laws, though with wording that allows the Justice Department to interpret those laws well beyond the intent of the Congress.

    * * *

    The accused parties in United States of America v. Ammon Bundy, et al, are charged with, among other charges, in Count 1 of the Indictment, violation of 18 U. S. Code §372, to wit:

    If two or more persons in any State, Territory, Possession, or District conspire to prevent, by force, intimidation, or threat, any person fromaccepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof, or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined under this title or imprisoned not more than six years, or both.

    The question arises, then, of just who, what person or persons, were intimidated or threatened by those that had moved in to the Malheur National Wildlife Refuge? Can it be a threat or intimidation if there is no person that was directly threatened or intimidated?

    They were also charged (in an effort to be vindictive), as appears to be true based upon Count 3, violation of 18 U. S. Code § 924(c)(1)(A), to wit:

    (c) (1) (A) Except to the extent that a greater minimum sentence is otherwise provided by this subsection or by any other provision of law, any person who, during and in relation to any crime of violence or drug trafficking crime (including a crime of violence or drug trafficking crime that provides for an enhanced punishment if committed by the use of a deadly or dangerous weapon or device) for which the person may be prosecuted in a court of the United States, uses or carries a firearm, or who, in furtherance of any such crime, possesses a firearm, shall, in addition to the punishment provided for such crime of violence or drug trafficking crime.

    However, on a Motion by David Fry’s attorney, the judge dismissed this effort as adding an inappropriate charge, since the statute addresses “violence“, though there was never any violence perpetrated by any of the defendants.

    So, it appears, being the poor losers that they are, the government has decided to seek a “Terrorism” enhancement, but we will address that more, later.

    So, what are these “terrorism enhancements”? Shane Harris, Author and journalist, has written an article for the National Journal explaining the abuse of the “enhancement” aspect of the Sentencing Guidelines. It is worth the time to read, to fully understand how “enhancement” has become a tool of government, to be used to force plea agreements and to punish those who might refuse to plea, wasting the Court’s time with a jury trial.

    However, we must move forward to understand what has happened since 1984, and the dismal attempt of the government to continue to allow the judge to sentence, though to restrain him by micro-management.

    In 2004, the Supreme Court ruled, in Blakely v. Washington 542 US 296 (2004),

    “The Washington Court of Appeals affirmed, rejecting petitioner’s argument that the sentencing procedure deprived him of his federal constitutional right to have a jury determine beyond a reasonable doubt all facts legally essential to his sentence.”

    The Court held that

    Because the facts supporting petitioner’s exceptional sentence were neither admitted by petitioner nor found by a jury, the sentence violated his Sixth Amendment right to trial by jury.”

    The following year. the Supreme Court decision in United States v. Booker 543 US 200 (2005), begins to give us an idea of the judicial abuse. This case made clear that unless the jury determines a fact, any enhancement, absent that jury’s determination, cannot be applied under the Guidelines. This is based upon the protection afforded by the Sixth Amendment to the United States Constitution.

    However, in a dissenting opinion, not on the jury aspect, the late Justice Scalia made a rather interesting observation with regard to the Sentencing Guidelines (remember, these were implemented to standardize sentencing and remove the judge’s discretionary sentencing), when he said, “In order to rescue from nullification a statutory scheme designed to eliminate discretionary sentencingit discards the provisions that eliminate discretionary sentencing.”

    Now, I don’t know how comprehensive the first USSG was, but I do know that the 2015 version is 599 pages. I have been studying it for the past few days, and I can see that it is convoluted and almost incomprehensible. But, don’t take my word for it. Here is what the Court said in a 2016 decision (Molina-Martinez v. United States No. 14-8913):

    “The Federal Sentencing Guidelines first enter the sentencing process when the United States Probation Office prepares a presentence report containing, as relevant here, an advisory Guidelines range based on the seriousness of a defendant’s offense and the extent of his criminal history. A district court may depart from the Guidelines, but it “must consult [them] and take them into account when sentencing.” Given the Guidelines’ complexity, a District Court’s use of an incorrect Guidelines range may go unnoticed.”

    So, after 22 years, it is acknowledged that this effort at micro-managing justice has failed, dismally. To top that off, since 2005, over the course of the past 11 years, Sentencing Guidelines have been heard by the Supreme Court in 105 cases. Perhaps such a tangled web that it will never be fully extricated from the dismal depths to which it belongs.

    Now, back to Oregon. It has come to light that the prosecution, in some emails to defense attorneys a few months ago, that “terrorism enhancements” might be applied to the defendants, if they should go to trial. About a month ago, this same subject (threat) came to light in some Internet discussions.

    Since none of the charges brought against the defendants either reference or are part of terrorism statutes, it is difficult to think that the jury could possibly create, on their own, such a charge. They can only judge those charges brought against the defendants.

    This, however, might warrant some edification. The Sixth Amendment, along with other protections against oppressive, arbitrary, or tyrannical, government, provides that:

    “In all criminal prosecutions, the accused shall… be informed of the nature and cause of the accusation…”

    Now, those “accusations”, supported by an Indictment by a Grand Jury, make no mention of “terrorism”.  Only those counts still remaining (absent Count 3) are the accusation. No reasonable person could conclude that additional charges can be brought during trial, or even at sentencing. Any defense offered by the Defendants can only be based upon the original charges, and not some conspiratorial chicanery by the Prosecution.

    So, why is it that the prosecution, this extensive battery of well paid government attorneys, has endeavored to intimidate defendants into pleading (plea agreement), for fear that additional time might be added to their sentences, should they waste the government’s time by going to trial and seeking justice, from a jury?

    Is it really justice when the government uses chicanery (The use of trickery to achieve a legal purpose.), “intimidation, or threat“, to entice the defendants to reject the judicial process envisioned to protect them, in favor of avoiding the wrath of the government? Those two words, “intimidation” and “threat“, are, after all, what the Defendants are charged with being in violation of.

    Now, since Count 1 describes the action, “conspire to prevent, by force, intimidation, or threat, any person from”, we know that the government perceives this as criminal in its nature. So, is that criminality universal, or is it simple a tool of government to force compliance, also referred to as tyrannical or despotic.

    So, the government prosecutors, along with perhaps the judicial branch and the Defendants appointed counsel, have “conspire[ed] to prevent, by force, intimidation, or threat, [those] person[s] from” exercising their right to due process of law.

    So, it appears that the government has immunity when they conspire to use intimidation and threats, the very crime that the Defendants are charged with. Now, can we possibly consider that justice grants the government the ability to do what the Constitution does not specifically authorize them to do, while punishing people, coercing confessions (plea agreements), when nobody was harmed?

    Or, has the government decided to enact laws, rules, and even policies, that deny the justice that had been established over centuries, circumventing the Constitution, in favor of giving themselves absolute control over our actions?

    4 Comments

    1. Critical Reader says:

      “The question arises, then, of just who, what person or persons, were intimidated or threatened by those that had moved in to the Malheur National Wildlife Refuge?”

      Those who had moved to the refuge attempted to hold a peaceful, prayerful protest against the treatment of the Hammonds.

      It was the professional agitators who raced to the scene, who put out the “call to action” to bring armed personnel up there to threaten law enforcement, insisting they would go so far as to “escort” the FBI from the scene (presumably by compulsion). Threats were made, publicly and online, that the FBI would have military personnel crawling down their throats and up their backsides.

      The Bundy family kicked the agitators out, hoping to avoid trouble, but that did not stop the agitators from getting busy escalating the situation, eliciting a predictable response from law enforcement personnel.

      While agitators are driving the Black Lives Matter group into threatening police, the same is being done from within the patriot movement by infiltrators, rising to leadership positions, to create an excuse to crack down. And the crack-down is happening.

      The set-up is plain to see.

      There is a peaceful, non-threatening way to push back against infringement upon our rights. It is proven to work. Allowing the agitators to take leadership is not going to end well. The Bundy family apparently understood this.

    2. ghuntghunt says:

      Some definitions provided by a reader:
      LAW DICTIONARY (1856)
      ADAPTED TO THE CONSTITUTION AND LAWS OF
      THE UNITED STATES OF AMERICA
      AND OF THE
      SEVERAL STATES OF THE AMERICAN UNION
      With References to the Civil and Other Systems of Foreign Law
      byJohn Bouvier

      DISCRETION, practice.
      1. When it is said that something is left to the discretion of a judge, it signifies that he ought to decide according to the rules of equity, and the nature of circumstances. Louis. Code, art. 3522, No. 13; 2 Inst. 50, 298; 4 Serg. & Rawle, 265; 3 Burr. 2539.

      2. The discretion of a judge is said to be the law of tyrants; it is always unkown; it is different in different men; it is casual, and depends upon constitution, temper, and passion. In the best, it is oftentimes caprice; in the worst, it is every vice, folly, and passion, to which human nature is liable. Optima lex quae minimum relinquit arbitrio judicis: optimus judex qui minimum sibi. Bac. Aph; 1 Day’s Cas.. 80, ii.; 1 Pow. Mortg. 247, a; 2 Supp. to Ves. Jr. 391; Toull. liv. 3, n. 338; 1 Lill. Ab. 447.

      TYRANNY, government. The violation of those laws which regulate the division
      and the exercises of the sovereign power of the state. It is a violation of
      its constitution.

      TYRANT, government. The chief magistrate of the state, whether legitimate or
      otherwise, who violates the constitution to act arbitrarily contrary to
      justice. Toull. tit. prel. n. 32.
      2. The term tyrant and usurper, are sometimes used as synonymous,
      because usurpers are almost always tyrants; usurpation is itself a
      tyrannical act, but properly speaking, the words usurper and tyrant convey
      different ideas. A king may become a tyrant, although legitimate, when he
      acts despotically; while a usurper may cease to be a tyrant by governing
      according to the dictates of justice.
      3. This term is sometimes applied to persons in authority who violate
      the laws and act arbitrarily towards others. Vide Despotism.

      Black’s Law Dictionary, 6th Edition
      Kangaroo Court. Term descriptive of a sham legal proceeding in which a person’s rights are totally disregarded and in which the result is a foregone conclusion because of the bias of the court or other tribunal.

    3. […] explained in Terrorism Enhanced Penalties v. Due Process, they were facing what they believed to be a possible sentence of thirty years under the threat of […]

    4. […] XXIII. Terrorism Enhanced Penalties v. Due Process [8/10/16] […]

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

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

white-flag-surrender-question

Gary Hunt
Outpost of Freedom
August 16, 2016

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

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

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

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

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

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

These first two categories can easily be equated to the First Amendment, for the politicos, and the Second Amendment for those with military inclinations.

The third category is those who offer support, which would include those lesser military types (enlisted men) or those who provided food, blankets, firewood, and other necessities to those in the other two categories.  They were more than simply vocal supporters.  They acted to support those who were defending their rights.

In both events, we also have members of this third category, whether it was by standing guard, cooking, doing laundry, reviewing documents, or any other necessary support activities.  They served with actions, not words.

Those men of words, those politicos, were the most feared by the British government.  John Hancock and Sam Adams, for example, were exempt from the amnesty offered early on as the Revolutionary War began.  They were also secondary targets in the British march to Lexington and Concord.

Today, we see those men of words (not the armchair sort) not even being considered for plea agreements.  They are the most feared, and the government will do all that it can to silence them.  They cannot be flight risks, as they have homes, businesses, and families that tie them to an open life.  Now that the game is on, they are committed to presenting their case, even though they know that the odds are against them when the judicial branch (court) and the executive branch (prosecutors) gang up against them; suppressing communication, disrupting them in jail, and doing their best to deny communication with those who might be able to help them.  It was only after more than five months that the Court decides that the co-defendants could communicate with each other to prepare their defense.  These patriots will not plead out, as they are on the proper battlefield, even though disadvantaged, to fight their war of words and principles, and for our Constitution.

Next, we have the militarily inclined participants.  Their job was to protect the politicos.  At the Bundy Affair, many of those who had been on the Ranch remained on the Ranch to protect the Bundy family, home and property, as their assigned duty.  They did not participate in the Unrustling of April 12, 2014.  They did not abandon their mission.  They stayed at their duty station, as they should.  Others, who had only arrived on the 12th chose to defend and protect those mostly third category people who had come to demonstrate their support for the Bundy cause.

In Burns, the protection and defense were carried on throughout the possession of the Refuge.  Unfortunately, failure to plan against an ambush resulted in some of them being caught in an indefensible situation.  This resulted in the arrest of some of the people and the death of LaVoy Finicum.

It is among this group that we see some entering into plea agreements with the government.  However, taking a plea agreement doesn’t necessarily jeopardize the politicos or other military types.  The fact that they pled is not admissible in the subsequent trials.  Only if they choose to abandon any integrity will they turn state’s evidence and testify against the others.  Those, only, will become a pariah — and no longer reasonably able to consider themselves as patriots.

But, still, we have the dilemma that is the subject of this article.  By pleading, have they given up their principles and their integrity?

George Washington won against the British by doing his utmost to be able to “fight another day”.  Though a prisoner of war may be a burden on the enemy, it is worse when that fighting man is lost to the cause that they champion.  If the prisoner of war can escape, he can rejoin the battle.

As explained in Terrorism Enhanced Penalties v. Due Process, they were facing what they believed to be a possible sentence of thirty years under the threat of terrorism enhancement.  Their appointed attorneys conspired with the prosecutors and the court to intimidate them with the threat of thirty years in prison.  That would put them in their fifties, or older, and would probably preclude them from “fighting another day”.

However, by pleading out, they will be back on the streets in a few years.  At that time, they can rejoin the battle, if they so choose.

Now, they do, according to the current interpretation of the “felon in possession of a firearm” laws, give up their right to possess firearms.  However, there are two circumstances that would negate that prohibition.

First is another battle, being fought since October 2014, when Kevin “KC” Massey, acting as both a politico and in a military capacity, was charged with “felon in possession of a firearm”.  Massey was legally in possession of a firearm, under Texas Revised Statutes.  This was at odds with the federal charge brought against him at that time.  He has chosen, as a politico, to fight the battle of words.  Though he was convicted and is now in prison, he and his attorney, Phillip T. Cowen, are preparing an appeal that will challenge the federal interpretation of 18 U. S. Code § 922 (g)(1).  If he prevails, then the statute will only apply to those involved, directly, in commerce, whereby the firearm crosses state or international boundaries.  Once out of commerce, it could be lawfully possessed.

Second is rather simple and easily understood.  If we come to open conflict with the government, because of their abrogating their lawful responsibilities under, and usurping authority never granted them by the Constitution, we will all be enforcing the right to keep, bear, and use, arms.  That prohibition then becomes moot.

Now, as to the third category, there is nothing to be said.  They are free to choose to join the legal battle, or plea so that they can return to their role much sooner — should the government prevail at trial.

Now, let’s change the perspective to a more realistic and individual one.  I might be considered among the first group, the politicos.  When I was younger, I found myself holding a firearm in protecting rights, though I never found cause to use them.  I have also been encouraged to use the sword of words, the Pen, as I have been doing since Waco.

If I found myself in the circumstances that those patriots have found themselves in, I can only speculate what course I would take.  If I chose to take a chance that the courts in this country can serve justice, and I lost — facing thirty years — well, my children are grown but then I would be 100 years old when I got out (I would probably die in prison).  Of course, in prison, I would still have access to a keyboard, so I could continue to wage the battles that I now wage, though access to events would be severely limited.  However, if I could get out after only a few years, I could remain a part of the patriot community, and quite possibly continue pretty much as I have for the past few decades.

However, if I were younger, the considerations would be different from what I would face, now.  If I had young children, would I be willing to forgo helping and watching them grow?  With thirty years, I would miss the birth of my grandchildren.  When I consider what is most important to me, it is family, then country, to which I have made my commitment.  So, unless and until I find myself in that circumstance, I can honestly say that I can only guess at what choice I would make.

Now, back to those who have chosen to plea.  I don’t wear their shoes, and I am grateful for that.  I am also grateful for them, as they did what had to be done, when it had to be done.  Not many of us can say that we, too, did what had to be done, when it needed to be done.

Nor do I wear your shoes, so I will not partake in speculation as to what you would, or should, do if you found yourself in such a situation as they have.  First, most who will read this have not taken a single step in that direction.  Second, your particular circumstances, especially with your family, are an unknown to me.  I can only say that so long as you did not turn state’s evidence, I would respect your decision, as you, not I, have to live with it.

 

10 Comments

  1. Brand Thornton says:

    Excellent article Gary and agree 100%. I always enjoy your stuff and consider you a true Patriot. I hope to continue hearing from you !

  2. harold says:

    I think abandoning your family especially with young children to support your ideology is a failure of responsibility and shows selfishness. I worked at a job I hated it was dangerous and dirty and not very pleasant. I knew I had to provide and protect my children from local danger of poor neighborhoods and feed, cloth, and provide housing for them. I also had to ensure they went to good schools and maybe a collage education or a skilled craftsman whatever. They also needed my daily attention and love. I did it because jobs were scarce reagonomic moved the entire manufacturing base of mining steel mills logging sand and gravel brick yards. The farms and cattle chicken and pig farms. Not to mention the small businesses downtown in all the small towns. Because they believed in outsourcing and large corporations over small family businesses. The whole rust belt collapsed. So I worked because my family came first. Not some fantasy to be a hero and overthrow the system. You people take to many movies as truth and risk you family future and maybe abject poverty. Why? Because your self delusional illusion of grandeur when most of you guys are failures in your life so far. The founding fathers were mostly educated and wealthy and successful in their lives. You are out smarted and your dangerous actions are dooming your children to a destroyed start in life. I get it. Things are not how you would want them to be. It is your group that needs to wake up. I truly feel for the children of these foolish men and I suspect the misfortune that has them so upset at the government is because their OWN choices in life. Not Washington DC

    • ghuntghunt says:

      Harold,
      Apparently, you think that America was won from the British by those “politicos” that went to Philadelphia. You seem to forget the tens of thousands that die fighting the British, and those who wasted away o prison ships. For that matter, almost all who fought left family behind to, whether delusional or for grandeur, made the sacrifice that led to the founding of this once great nation.
      That, however, was not the end of it, it was simply the beginning. When the government, created by the Constitution, fails to abide by that which made them — regardless of the Supreme Court’s legislating from the bench, has led us on the same path that Jefferson spoke to in the Declaration of Independence.
      It appears that though you have objection to the system, (i.e. Reaganomics), but that you are content, as any good subject should be, to accept the status quo. With that in ind, if I were to observe your behavior, if it were 240 years ago, I would judge you to be, at least, a fence sitter, though more likely, a Tory.

  3. harold says:

    I am no Tory. Years of hard work and investing I am not oppressed by government. I can do anything I want to do in life. I believe in the Constitution and the government it gave us. There is coruption as there is everything. Including your movement and your church. That is no reason to throw the baby out with the bathwater. You work to better things. I see libertarians and communist as the same they believe in this perfect order and perfect society. Which is a fantasy. Even thomas Paine said government is a necessary evil because of flaws in mankind. So don’t think your ideas of government is going to be any different. What I see it would be a loose idea of thousand of regional groups with local warlords ruling your area. And as the founders found in the failures of The Article of Confederation. And I see that if you disagree with the existing government you believe it is YOUR and YOUR groups determination who will decide who and what is tyranny and you overthrow them with violent insurection. For freedom. Bull what I see is tyranny but who has bigger and more guns. Mob Rule. We have constitutnal ways of addressing problems And grievances And
    Not by your interpretation of a letter sent addressed personally to King George over their particulars of the moment. As revolution is NOT in the Constitution except as treason

  4. harold says:

    I am free as the founder required and promised

    • ghuntghunt says:

      Who controls the schools that your children go, or went to? How many licenses do you have to do what free men should be able to do, of right? Where is the requisite
      Declaration of War” by the Congress? Or, have we left the lives of so many to the hands of one man? How much of your paycheck goes directly to taxation (income, sales, etc.)? And still, the country has a debt that stretches well beyond your great-grandchildren.

      “None are more hopelessly enslaved than those who falsely believe they are free.” – Johann Wolfgang von Goethe

  5. harold says:

    George washington sent th military after citizens for refusing to pay taxes. Was one of the founder unconstitutional? Why didnt the other oppose him? Alexa Dee Hamilton led the 12000 to western pa. Much more to things than you let your readers know. I think your movement starts with a hate governmen% then cherry pick Things to support your views

    • ghuntghunt says:

      That was an Excise Tax. It was not a direct tax, and it was less than 2%, but there was no currency in circulation from which to pay the taxes, so their property was taken.
      So, I asked you, “how much of your paycheck goes directly to taxation?” You choose a rather obscure and irrelevant incident, totally without comparison to what I asked you, and you accuse me of cherry picking?
      You also failed to answer other questions that I asked. Perhaps the cherries were were too high in the tree.

  6. Sherry Briggssays:

    Very good article. I read the comments above by Herald and realized that he doesn’t know the freedoms he has lost or the Freedoms that our founding fathers talked about. The patriots thought of their children too, and experienced on a daily basis the freedoms that our founding fathers fought and died for being slowly taken away and they want better for their children. Remember. Cliven Bundy is one of the last ranchers standing out of 50 and the government wasn’t done with him yet with their strangle hold on his ranching. Harold is losing freedoms, but hasn’t experienced it on a higher scale unless it happens to him it doesn’t matter. Well alot of these patriots have gone through the “legal” channels to change things and their grievances went unanswered. Thank God that there are people who care about their neighbors and will take a stand. What happened to the Hammonds by our Federal Government should have never happened, if it happens to one American, it happens to us all.

     

Burns Chronicles No 25 – Juror Shopping & Secrecy

Burns Chronicles No 25
Juror Shopping & Secrecy

blind justice 01 rev

Gary Hunt
Outpost of Freedom
August 22, 2016

The government may have given the Grand Jury sufficient information to properly find “probable cause”.  It is also possible that they may have simply convinced the Grand Jury to find “probable cause” based upon explaining to them that they had given them enough information for them to indict the 26 people charged in the final (third) Grand Jury Superseding Indictment.  We will be looking at the Indictment, Case Law, the Grand Jury selection process, and the information provided to the Grand Jury.

.

Now, this case is being heard in the Oregon Federal District Court.  That Court is within the jurisdiction of the Ninth Circuit Court.  So, what better source to determine if the Indictment meets the standards set by that Ninth Circuit Court?

Case Law & the Indictment

To do so, let’s look at an Appellate Decision, held by the Ninth Circuit, in Cecil v United States 608 F.2d 1294 (1972).  The case had to do with some people charged with conspiracy, to wit:

“That beginning on or before July, 1975, and continuing thereafter until on or after October, 1975, in the District of Arizona and elsewhere, LEONARD SILAS JOHNSON, FELIX DAN CECIL, DONALD LEE SCHAFFER, IVA LEE THUNDERCLOUD, LYNN RICHARD JOHNSON, RANDY DARRELL THOMAS, WARREN ARTHUR HAGGARD, KENNY ROBERT JAMES, SILAS BLAINE JOHNSON, TONY JOHNSON, and LIONEL JOHNSON, named herein as defendants, did knowingly and intentionally conspire and agree together and with each other and with various other persons both known and unknown to the Grand Jury to commit offenses in violation of Title 21, United States Code, Section 841(a)(1).

It was the object of said conspiracy that one or more of the co-conspirators would possess with intent to distribute and would distribute quantities of marihuana, a Schedule I controlled substance, in violation of Title 21, United States Code, Section 841(a)(1).”

Now, the Burns Indictment reads similarly:

On or about November 5, 2015, and continuing through February 12, 2016, in the District of Oregon, defendants AMMON BUNDY, JON RITZHEIMER, JOSEPH O’SHAUGHNESSY, RYAN PAYNE, RYAN BUNDY, BRIAN CAVALIER, SHAWNA COX, PETER SANTILLI, JASON PATRICK, DUANE LEO EHMER, DYLAN ANDERSON, SEAN ANDERSON, DAVID LEE FRY, JEFF WAYNE BANTA, SANDRA LYNN ANDERSON, KENNETH MEDENBACH, BLAINE COOPER, WESLEY KJAR, COREY LEQUIEU, NEIL WAMPLER, JASON CHARLES BLOMGREN, DARRYL WILLIAM THORN, GEOFFREY STANEK, TRAVIS COX, ERIC LEE FLORES, and JAKE RYAN did knowingly and willfully conspire and agree together and with each other and with persons known and unknown to the Grand Jury to prevent by force, intimidation, and threats, officers and employees of the United States Fish and Wildlife Service and the Bureau of Land Management, agencies within the United States Department of the Interior, fromdischarging the duties of their office at the Malheur National Wildlife Refuge and other locations in Harney County, Oregon, in violation of Title 18, United States Code, Section 372.

Now, back to the Cecil v. United States Appellate Decision, and the requirement for specificity.  What follows are direct quotes from the Decision, and the reasoning for dismissing the Indictment (reversing the lower court’s ruling).

The appellants all raised timely challenges to the indictment proffering motions to dismiss based upon the indictment’s insufficient factual precision.  The trial judge recognized the validity of these claims, commenting that, “this sort of indictment goes far beyond the leeway afforded by the Ninth Circuit.”  However, initially indicating that the requested bill of particulars would remedy the indictment’s defects and later deciding that the Government’s “open file” discovery did remedy these problems, the court denied appellants’ motion to dismiss.

Now, in Burns, we have seen the “open file” discovery, however, the files are not really open, especially to the public.  However, the judge did not dismiss the Indictment. Don’t be discouraged.  Returning to Cecil:

We begin our analysis stating the established rule that a bill of particulars cannot save an invalid indictment.  The very purpose of the requirement that a man be indicted by a grand jury is to limit his jeopardy to offenses charged by a group of his fellow citizens acting independently of either prosecuting attorney or judge.  If a bill of particulars were allowed to save an insufficient indictment, the role of the grand jury as intervenor would be circumvented.  Rather than the assurance that a body of fellow citizens had assessed the facts and determined that an individual should face prosecution, the prosecutor would be in a position to second guess what actually happened within the grand jury and fill in the gaps with what he assumed transpired.  The protection of a significant check on the power of the courts and prosecutors would thus be lost.

In Burns, motions had been submitted for a Bill of Particulars (a bill of particulars is a detailed, formal, written statement of charges or claims by a plaintiff or the prosecutor given upon the defendant’s formal request to the court for more detailed information), but those motions were denied.  However, if they had been granted, they would still not make up for the lack of specificity in the Indictment.

This inquiry must focus upon whether the indictment provides “the substantial safeguards” to criminal defendants that indictments are designed to guarantee.  Pursuant to this purpose, an indictment must furnish the defendant with a sufficient description of the charges against him to enable him to prepare his defense, to ensure that the defendant is prosecuted on the basis of facts presented to the grand jury, to enable him to plead jeopardy against a later prosecution, and to inform the court of the facts alleged so that it can determine the sufficiency of the charge.  To perform these functions, the indictment must set forth the elements of the offense charged and contain a statement of the facts and circumstances that will inform the accused of the specific offense with which he is charged.

The Prosecutors admitted that as of April 20, 2016, “the government has produced eleven volumes of discovery that comprise approximately 25,000 pages of documents, 58,570 files, and over 360 gigabytes of data.  The government continues to produce discovery in multiple formats including .pdf, text files, tiffs, etc.”  However, rest assured that within those voluminous records, there just might be some substantial proof that crimes were, or may have been, committed.  It seems, however, that the Court and the Prosecution have left it up to the Defendants, not the Grand Jury, to determine if there really was a crime committed. Returning to Cecil:

The present indictment is a rather barren document.  Aside from tracking the language of the pertinent statutes in setting out the elements of the offenses with which defendants were charged, the indictment makes only two specific allegations concerning the conspiracies.  It states that the conspiracies occurred in Arizona, Mexico, and elsewhere and offers the names of some of the alleged co-conspirators.  The indictment fails to state any other facts or circumstances pertaining to the conspiracy or any overt acts done in furtherance thereof.  More importantly, the indictment fails to place the conspiracies within any time frame.  The language “beginning on or before July, 1975, and continuing thereafter until on or after October, 1975,” is open-ended in both directions.

The Indictment in Burns is equally a barren document.  It is equally void of definitive dates, using the generality of a range, as in Cecil.

For example, when, how, and who, should be applied to the broad statement from the Burns Indictment,

to prevent by force, intimidation, and threats, officers and employees of the United States Fish and Wildlife Service and the Bureau of Land Management, agencies within the United States Department of the Interior, from discharging the duties of their office at the Malheur National Wildlife Refuge and other locations in Harney County, Oregon, in violation of Title 18, United States Code, Section 372.

When, and upon whom, did they use force?  When, and upon whom, did they use intimidation?  When, and upon whom, did they use threats?

If I kill someone, they have to, at least, say who I killed.  If I rob a bank, they would have to say which bank I robbed, and what I robbed the bank of.  There is nothing in the Indictment that provides any particular situation upon which the defendants can build a defense.  It is nothing more than a thought crime, and the thoughts are solely within the minds of the Prosecutors.  And, they have implanted that thought into the minds of the Grand Jurors, without sufficient substance to meet the requirements of the Ninth Circuit Court.

So, here is what the Ninth Circuit said:

In view of these deficiencies, we find that the indictment fails to allege sufficient facts to facilitate the proper preparation of a defense and to ensure that the defendants were prosecuted on facts presented to the Grand Jury.  This indictment clearly lacked a statement of the facts and circumstances that would inform the accused of the specific offenses with which they were charged.

To allow a prosecutor or court to make a subsequent guess as to what was in the minds of the grand jury at the time they returned the indictment would deprive the defendant of a basic protection that the grand jury was designed to secure, because a defendant could then be convicted on the basis of facts not found by, and perhaps not even presented to, the grand jury that indicted him…  The glaring lack of factual particularity of this indictment thus runs afoul of two key functions of indictments.

Similarly, the fact that an indictment may have tracked the language of the statute will not render it valid if it fails to allege an essential element of the offense or the minimum facts required to fulfill the purposes of indictments.

The requirement that an indictment contain a few basic factual allegations accords defendants adequate notice of the charges against them and assures them that their prosecution will proceed on the basis of facts presented to the grand jury.  Such a requirement is neither burdensome nor unfair to the prosecuting authorities.

The Grand Jury Jurors

Now, a number of efforts have been made, by filing motions, for some of the Defendants to review both the Grand Jury Selection Process (Jury Wheel), and the transcript of the Grand Jury deliberation.  The transcripts would the evidence and testimony submitted to the Grand Jury, to determine if the deficiencies, as outlined in Cecil, exist.  Those motions have been denied.

It is a rather long and interesting chain of events that led to the pursuit of the Grand Jury information, and is worthy of note.  Strangely enough, it begins in a prison in Texas where Kevin “KC” Massey is currently incarcerated.  I had been keeping Kevin up to date on the Burns story, via telephone and mailing copies of my articles.  Kevin, having plenty of spare time, ran across a book of motions by the renowned F. Lee Bailey.  In so doing, he ran into challenges to the Grand Jury.  He gave me the citations, which I passed on to Roger Roots.  Roger, then in touch with Ryan Bundy, prepared a motion (481) that was filed, pro se.  And, that is how this wonderful ball began rolling, hopefully, right over the Grand Jury, the Indictment, the Prosecutor, and the judge.

Then on May 11, 2016, Teresa D. Glover, Jury Administrator for the U.S. District Court for the District of Oregon filed a Declaration (doc 538), which doesn’t satisfy the legal requirements as set forth in Ryan Bundy’s motion (481).  So, let’s look at that “Declaration” (that also includes the “Juror Management Plan” – JMP) and see if the intent was to provide an impartial jury, as required by the Sixth Amendment.  [Note: “538-nn” is reference to the PDF page number in the 28-page Declaration document.]

Now, we need to look at the Jury Management Plan (JMP) to see what is required, and maybe a bit of confusion.

Section 1.04 Policy  (538-8)
It is the policy of the Court that all litigants in this Court, entitled to trial by jury, shall have the right to grand and petit juries selected at random from a fair cross section of the community in the district or division wherein the Court convenes

Now, how do we provide “a fair cross section” unless the jury is selected from, primarily, from the division, not from the district?  Especially when you consider how diverse the two divisions are.

Then, we have:

Section 1.11  (b) Systematic Randomized Process:  (538-12)
… Such random selections of names from the source lists for inclusion in the master wheels by data computer personnel must ensure that each county within the jury division is substantially proportionally represented in the master jury wheel

Well, the way it reads, and this is where confusion might come into play, then the whole of the state, any Grand Jury, is at the mercy of those in Portland, as the population requires that each county is proportionally represented.  So, we have to question the whole concept of impartial jury, since there is, without a doubt, much partiality in Portland, and there is no chance that the other divisions would ever hold even a token chance of having any impact on any Grand or Petit Jury decision.  Especially considering that they would have to travel all the way from their remote region to the big city of Portland.

Now, if we desire to determine what the United States Codes says about where trials shall be held, we find a rather circular reference. First we find the statute, with reference to “district and division”, which refers us to the Rule that says “district”. Now, it would seem that divisions would be superfluous, if the intent was the district. So, it is probably safe, and more in line with what was just discussed, to presume that the statute is a higher level of law than a rule, therefore, division prevails.

18 U.S.C. § 3232 : US Code – Section 3232: District of offense – (Rule)
SEE FEDERAL RULES OF CRIMINAL PROCEDURE
Proceedings to be in district and division in which offense committed, Rule 18.

Federal Rules of Criminal Procedure, Rule 18:. Place of Prosecution and Trial
Unless a statute or these rules permit otherwise, the government must prosecute an offense in a district where the offense was committed. The court must set the place of trial within the district with due regard for the convenience of the defendant, any victim, and the witnesses, and the prompt administration of justice.

The Statue says “proceedings”, while the Rule says “must prosecute”. If prosecution includes the Grand Jury, which is, in essence, the beginning of the prosecution of the case, is it the District, as stated in the Rule, or is it the “district and division,” as stated in the statute?

Let’s look at the various Grand Juries that have met to deal with the charges in this case.  The first Grand Jury was convened, though the date is not given (538-3), and had this case presented to them on February 3, 2016.  The makeup of the jury as described in Jury Administrator for the U.S. District Court for the District of Oregon filed a Declaration :GJ01

  1. On February 3, 2016, the United States presented its case for the indictment… (538-3)
  2. Twenty-one grand jurors from Grand Jury 15-01 were in attendance on February 3, 2016. Members of Grand Jury 15-01 in attendance from the Portland Juror Management Division included six jurors from Clackamas County; nine jurors from Multnomah County; four jurors from Washington County; and one juror from Yamhill County. Members of Grand Jury 15-01 in attendance from the Pendleton Juror Management Division included one juror from Umatilla County. 

 

 

 

 

 

The second Grand Jury:GJ02

  1. On February 10, 2016, the United States presented its case for the indictment… (538-4)
  2. Twenty grand jurors from Grand Jury 15-02 were in attendance on February l 0, 2016. Members of Grand Jury 15-02 in attendance from the Portland Juror Management Division included two jurors from Clackamas County; seven jurors from Multnomah County; six jurors from Washington County; one juror from Columbia County; one juror from Polk County; and one juror from Jefferson County. Members of Grand Jury 15-02 in attendance from the Pendleton Juror Management Division included two jurors from Umatilla County.

 

 

 

 

 

The Third Grand Jury:

  1. On March 8, 2016, the United States presented its case for the superseding indictment (538-5)GJ03
  2. Twenty-three grand jurors from Grand Jury 15-01 were in attendance on March 8, 2016. Members of Grand Jury 15-01 in attendance from the Portland Juror Management Division included six jurors from Clackamas County; nine jurors from Multnomah County; four jurors from Washington County; one juror from Yamhill County, one juror from Polk County, and one juror from Clatsop County. Members of Grand Jury 15-01 in attendance from the Pendleton Juror Management Division included one juror from Umatilla County.

Now, it appears that all but one of the jurors were from what might be described as the Greater Portland Area.  The counties where most of the jurors came from are on the west side of the Cascades Mountains.  These are primarily city folks, who thinks that only police and actors can have guns, living in Portland or the numerous bedroom communities.

Grand Jury Transcripts

One of the other motions sent by Massey had to do with Grand Jury deliberations, the transcripts, the testimony, and the evidence that was submitted to the Grand Jury.  Now, Grand Juries have always been guarded, since their purpose is only to determine probable cause, the possibility that a crime has been committed.  And, since they don’t convict, they are not included in the realm of a public trial.

However, what if the public has cause to believe that false evidence was presented to the Grand Jury, simply to get an Indictment — to serve the government and harass the accused?  What if the government had exculpatory evidence, evidence that would raise a question as to whether the alleged crime was actually committed, or not?

At some point, the determination of whether the ends of justice were being served by the Grand Jury, or if the Grand Jury was being used for political, unjust, or nefarious purposes, might warrant scrutiny.  Absent such a remedy, we leave to the government the ability to target individuals for political purposes, and even if a conviction was not obtained in trial, the damage to the accused is immeasurable.  It is destructive of family, work, and the mental state of those who are held in confinement, under false pretexts, and can even be destructive of one’s right to participate in his own defense against the charges.

When the information provided to the Grand Jury raises such question as to both evidentiary and motivation, justice would require that there be scrutiny in the process that resulted in the Grand Jury Indictment.

So, let’s look at what we do know.  This is not speculative, it is factual, and it raises just such concern as to the possibility of impropriety in the presentation to the three Grand Juries, stacked with partial jurors, as described above.

First, let’s look at an outright lie that was presented to the Grand Jury.  Now, it does not suggest that everything that was presented to the Grand Jury was also a lie, though absent knowing just what was presented to them (the transcripts, etc.), at least the suggestion of impropriety, and the justification for an open review of those elements, is surely in order.

This goes to the sworn statement in the “Redacted Criminal Complaint“.  The Complaint, and resulting Search Warrants, were issued after the arrests were made and LaVoy Finicum was shot dead on the side of Highway 395.  The Complaint was, undoubtedly, presented to the Grand Jury, as it was the initiating instrument for all that subsequently transpired.

Now, what is going to be presented was first discussed in “Jon Ritzheimer and the Grand Jury“, though at the time, one piece supportive of the veracity of that article had not yet been submitted.  However, a brief background of the event in question will be discussed, here, and the evidence in support can be found in the above linked article.

Jon Ritzheimer was in Phoenix, Arizona, on the morning in question.  The government, in the Complaint, stated:

14. On December 18, 2015, a citizen (hereafter Citizen) of Harney County was shopping at the Safeway grocery store in Burns, Oregon. Citizenwas wearing a BLM shirt. Citizen was confronted by two men, one whom she identified as RITZHEIMERCitizen reported to law enforcement that she heard yelling, and when she turned around, the second individual shouted “you’re BLM, you’re BLM” at her. That person further stated to Citizen that they know what car she drives and would follow her home. He also stated he was going to burn Citizen’s house down. RITZHEIMERand the second individual left the area in a black pick-up truck with black canopy and no visible license plate. Since the incident, Citizen has observed a similar vehicle outside her residenceCitizen was unable to identify the driver of the vehicle when she later saw it. The following week, a second vehicle, described as a white truck with a pink license plate and a big rebel flag sticker on the back window, aggressively tailgated Citizen, flashing lights and driving erratically. Citizen believed the second incident was related to the first. Citizen also saw the black pick-up truck outside of her place of employment early in the morning hours of Christmas Day.

Jon had some work done on his truck and then went to Idaho, not Oregon.  From there he went to Washington, then, on December 20, 2016, arrived in Hines (adjacent to Burns), Oregon.

The FBI, the very same people that found pieces of a radio bomb and then managed to determine who the people were that built the bomb, could not figure out, with all of their taxpayer funded resources, where Jon Ritzheimer was on December 20.  So they lied and presented hearsay evidence, the identification of a “citizen”, in an attempt to secure the Indictment.

Now, what was not in the original article, though came out in a subsequent “GOVERNMENT’S RESPONSE IN OPPOSITION TO DEFENDANT RITZHEIMER’S SUPPLEMENTAL MOTION AND MEMORANDUM FOR PRETRIAL RELEASE“, is in a footnote on page 10. It states:

Defendant presents his itinerary as an alibi for allegations that he confronted a citizen in Burns, Oregon, on December 18, 2015. At this point, it is not clear if the citizen falsely identified defendant or if the date of the incident was not accurately reported.

Now, the FBI has accessed Facebook pages, Dropbox accounts, phone records, and other records easily acquired by them, including surveillance footage.  Could they not access the Safeway security camera footage to ascertain whether it really was Ritzheimer, or not?  Now, going a bit further, isn’t their statement in the footnote, “it is not clear if the citizen falsely identified defendant or if the date of the incident was not accurately reported“, an admission that what was presented to the Grand Jury, couching this in ambiguous terms, a very questionable statement as to a fact?  So, let’s call it what it is, considering the resources and reputation of the FBI, it is a damned lie propagated to encourage the Grand Jury to Indict the Defendants.  So, this leaves us the question as to whether there were more, or perhaps, many more, lies presented to the Grand Jury to secure an Indictment.

What is our government doing?  Only access to those Grand Jury records can answer that question — and, we, the people, have every right to know just what our government is doing both for us, and to us.

Now let’s enter the realm of exculpatory evidence.  This is evidence that would raise the question as to whether there was probable cause”, or whether information suggests the contrary.

In an Oregonian article, published January 11, updated February 22, we find a very detailed account of the events preceding the occupation of the Malheur National Wildlife Refuge.  One of those accounts, found on page 5 of the article, states:

On Dec. 30 — three days before the Jan. 2 rally — federal employees were nearing the end of their work day at the wildlife refuge when management told them to go home early.

And for their safety, their boss said, they weren’t to return to the refuge until instructed.

“That was based on the culmination of our intel,” said Fish & Wildlife spokesman Holm, “and the start of the holiday weekend.”

Holm wouldn’t elaborate on details of the “intel.”

Now, wait just a minute.  The Indictment says, in Count 1, that the Defendants,

did knowingly and willfully conspire and agree together and with each other and with persons known and unknown to the Grand Jury to prevent by force, intimidation, and threats, officers and employees of the United States Fish and Wildlife Service and the Bureau of Land Management, agencies within the United States Department of the Interior, from discharging the duties of their office at the Malheur National Wildlife Refuge and other locations in Harney County, Oregon, in violation of Title 18, United States Code, Section 372.

Can you rob a bank, if it is not there?  Can you murder someone, if you can’t find them?  It appears, by the information in the Oregon Live article that “management” told them to go home, and not to return until told to.

Now, is this exculpatory?  Would it raise doubt as to whether it was the Defendants that kept the government “employees… from discharging the duties“?  Shouldn’t the Grand Jury be apprised, by the government, of facts such as this?

Now, I hate to be a spoilsport, but I think that there is one more element regarding what the government told the Grand Jury, and what the facts are.  Now, some will say that it is insignificant, but if laws are to have meaning, they must be written.  When they are written, it is the very words in which they are written that is the law.  How could it be otherwise?  If laws are a rule of action, or a prohibition of action, then they should be clearly understood.

So, let’s look at the exact wording of the Statute cited in Count 1, above.

18 U.S.C. § 372 : US Code – Section 372: Conspiracy to impede or injure officer

If two or more persons in any State, Territory, Possession, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof, or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined under this title or imprisoned not more than six years, or both.

Now, the Statute has a couple of elements, not just one.  The first is by the use of force, intimidation, or threat, keeping “any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof“.  This would be an act of preventing them for taking their office, or performing their duties.  But, it requires “the use of force, intimidation, or threat“.  So, did the Grand Jury consider whether these elements were met — to the letter of the law?  It would seem that if they did, they would know which person was denied the abilities mentioned, who did it, and how they did it.  Those elements have not been met.

The second element reads, “or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties.”  Now, according to the Oregonian article, the “management”, who probably had authority to give employees time off, with pay, at our expense, are the only ones that could possibly be guilty of this element.

So, what would happen if the wording were from the law, rather than something that was probably presented to the Grand Jury as if it were the law?  Would the jurors have a different perspective on what really happened and whether there was probable cause to indict the Defendants?

The only way that we can know just how the government operates — something that we have every right to know — is to be able to judge their actions, especially in a situation such as the one the 26 defendants have found themselves.  That can only be accomplished if we, the public, have the legal remedy to review those actions.  And, I speak not only for the due process rights of the Defendants, I also speak for every American who understands that we are self-governed, and not subjects, subject to the whim of those who imagine themselves as having absolute power.

 

4 Comments

  1. Brand Thornton says:

    Very informative and encouraging, thanks for the article. As usual you are right on top of things !

  2. Kerry Easton says:

    I’m sure that they “MISS”represented many things in this case. I have followed this and have not seen anything that makes me feel that the Goobermant has done anything correct. Thank you for this information.

  3. I feel bad for those that are taking a plea deal, especially after reading your article. Thank you

    • ghuntghuntsays:

      If the Jury Challenge is successful (A Notice of Appeal was filed with the Clerk this morning – more about that in a future article), it might raise the question of the validity of a plea agreement to what had been determined to have been unlawfully brought. Suppose they found that the bank had not been robbed, after you pled to robbing it?
      I don’t know the answer, though I trust that we may soon find out.

       

      Burns Chronicles No 26 – Firearms (Not) Allowed

      Burns Chronicles No 26
      Firearms Not Allowed

      mouse trap

      Gary Hunt
      Outpost of Freedom
      August 29, 2016

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

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

      (Possession of Firearms and Dangerous Weapons in Federal Facilities)

      (18 U.S.C. §§ 930(b) and 2)

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

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

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

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

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

      .

      After all, we have about 41 days in which the government claims that something was done, though we are not sure what was done. But, before we get into what was, or was not, done, let’s look at the location, “in a federal facility”.

      Then, let’s look at what 18 U.S.C. §§ 930(b) and 2 says. Now, understand that US Code is structured in an outline format, such as:

      (a, b, c)       (1, 2, 3)       (A, B, C)     (i, ii, iii)

      There has to be a lower case letter before any subsequent subparagraph. As written, the “(2)” would be subordinate to the “(a)”. However, “930 (a)” has no subordinate. It is followed by “(b)”. Now, I don’t want to say that the US Attorneys are stupid, so I won’t. But, how can someone know what they are charged with when the citation doesn’t make sense?

      Now, (b), (c), (f), and (h), have no subordinates (See bottom of the article), but (d) does, in fact, it has a (2), but those are exclusions (does not apply to-).  Then, (e) is rather circular, but (e)(2) is exceptions to (e)(1).

      However, (g) has a (2), which may be what just might have been intended, if the US Attorneys knew what they were doing. It says, “(g) As used in this section… The term “dangerous weapon” means a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket knife with a blade of less than 2 1/2 inches in length.” Gee, did they mean “(g)”, and just forgot to say it?

      Perhaps they wanted to, but did so rather poorly, to assure that the “or other dangerous weapon” was properly defined.

      So, now that we have had to assume (You know what that is) what the (2) might have meant, we can go on to the primary element of the charge, which reads:

      (a) Except as provided in subsection (d), whoever knowingly possesses or causes to be present a firearm or other dangerous weapon in a Federal facility (other than a Federal court facility), or attempts to do so, shall be fined under this title or imprisoned not more than 1 year, or both.

      Well, wait just a minute. It says that “whoever knowingly possess… in a federal facility”, but exempts, “as provided in subsection (d)”. So, let’s look at the pertinent portion of subsection (d):

      (d) Subsection (a) shall not apply to—

      (3) the lawful carrying of firearms or other dangerous weapons in a Federal facility incident to hunting or other lawful purposes.

      Oh, I see. If I take a firearm or other dangerous weapon into a federal facility, so long as it is “incident to hunting or other lawful purposes”, then it is okay.

      So, now that we think that we understand the law, after playing legal hopscotch, we can begin to look at what might be lawful, and what might not be lawful. To do so, we have to understand that those at the Malheur National Wildlife Refuge (MNWR) are probably more qualified to make that determination than some FBI geek in Portland. In fact, under the aMalheur weapons noticeuthority of the US Fish and Wildlife Service, MNWR published a brochure that is made available at the Refuge and other locations in the area. Now, here is what it says about firearms (not to mention “other dangerous weapons”, which it does not).

      I can’t say much for the grammar, but we are concerned with intent. It says nothing about any federal regulations; it simply refers to “State regulations“. So, let’s look at what “State regulations” have to say about firearms.

      To understand the Oregon statutes, we need to know the foundation. And, what better place to start than with the Preamble to that Constitution:

      PREAMBLE

      We the people of the State of Oregon to the end that Justice be established, order maintained, and liberty perpetuated, do ordain this Constitution. —

      I do like that wording. “Liberty perpetuated” has a very nice ring to it. Now, onto the Bill of Rights, specifically, the right to bear arms:

      Article I – Bill of Rights

      Section 27. Right to bear arms; military subordinate to civil power.
      The people shall have the right to bear arms for the defence of themselves, and the State, but the Military shall be kept in strict subordination to the civil power.

      It says that the people “have the right to bear arms for the defence of themselves, and the State“. No problem, as with the Second Amendment, in a question of a distinction between militia and people. The right to self-defense and defense of the State is unquestionable.

      So, now we go to the Statutes, particularly Chapter 166, but with the understanding that nothing need be granted, since the Constitution does that. Instead, we find only limitations. Though the Statutes address Concealed Carry, there is no reason to venture into that realm, as there is no mention of concealed, only possession, in the Indictment.

      Chapter 166.170 State preemption. (1) Except as expressly authorized by state statute, the authority to regulate in any matter whatsoever the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition, is vested solely in the Legislative Assembly.

      (2) Except as expressly authorized by state statute, no county, city or other municipal corporation or district may enact civil or criminal ordinances, including but not limited to zoning ordinances, to regulate, restrict or prohibit the sale, acquisition, transfer, ownership, possession, storage, transportation or use of firearms or any element relating to firearms and components thereof, including ammunition. Ordinances that are contrary to this subsection are void

      Simplifying (2), we see clearly that “no county, city or other municipal corporation or district may enact civil or criminal ordinances, restrict or prohibit the possession of firearms… Ordinances that are contrary to this subsection are void.” This is consistent with Section 27 of the Oregon Bill of Rights. Now, the statute does grant some specific authorities, such as in,

            166.173 Authority of city or county to regulate possession of loaded firearms in public places. (1) A city or county may adopt ordinances to regulate, restrict or prohibit the possession of loaded firearms in public places as defined in ORS 161.015.

      Note that what is allowed to be regulated is a loaded firearm, though Harney County has no such ordinance.

            166.190 Pointing firearm at another; courts having jurisdiction over offense. Any person over the age of 12 years who, with or without malice, purposely points or aims any loaded or empty pistol, gun, revolver or other firearm, at or toward any other person within range of the firearm, except in self-defense, shall be fined upon conviction in any sum not less than $10 nor more than $500, or be imprisoned in the county jail not less than 10 days nor more than six months, or both.

      This, then, would be what amounts to no more than brandishing. You may not, without penalty, point a firearm at someone, “except in self-defense“. Now, that is the very reason that those who occupied the Refuge and set up means of assuring that they could, if necessary, respond, but only in self-defense.

            166.220 Unlawful use of weapon. (1) A person commits the crime of unlawful use of a weapon if the person:

      (a) Attempts to use unlawfully against another, or carries or possesses with intent to use unlawfully against another, any dangerous or deadly weapon as defined in ORS 161.015; or

      (b) Intentionally discharges a firearm, blowgun, bow and arrow, crossbow or explosive device within the city limits of any city or within residential areas within urban growth boundaries at or in the direction of any person, building, structure or vehicle within the range of the weapon without having legal authority for such discharge.

      (2) This section does not apply to:

      (a) Police officers or military personnel in the lawful performance of their official duties;

      (b) Persons lawfully defending life or property as provided in ORS 161.219;

      Here, we see exception for “Persons lawfully defending life or property“. Once again, we see lawful authority to possess the weapons, as was the intention of the people that occupied, peacefully, the Refuge.

      So, let’s recap what we have learned.

      The federal government, in 18 US Code §930, says that firearms were in Malheur National Wildlife Refuge and were intended to be used in a crime, though no crime was committed, and the government is relying on their belief of the intentions of those who intended only to defend their lives. All of the acceptable under Oregon Revised Statutes, which the government deferred to in their brochure. Now, if the government didn’t mean what they said in the brochure, then it is nothing more than a trap in which to ensnare people, if the government really wants to ensnare someone. But, if that is the case, then the dishonesty of the government is far more egregious than the actions of people that occupied the Refuge (I would suggest “Three Felonies a Day“, by Harvey Silverglate).

      I know that the federal government believes that federal law trumps state law. This doesn’t account for the fact that often state law is contrary to federal law (See Camp Lone Star – Massey & The Clash of Laws), but states continue to pass such laws, as it is not contrary to the Constitution. So, if the federal government specifically acquiesces to state law, can they come back, later, and decide that it was okay for them to lie to people?

      To me, having covered the misdeeds of government for over two decades, I am not surprised that they have done so. It is wrong for them to assert an undue and unconstitutional authority over both the people and the states. And, as more and more people realize this, the more likely we will see a positive change.

      2 Comments

      1. […] firing on the Refuge, even though the Refuge allows hunting and has no restriction on firearms (See Burns Chronicles No 26 – Firearms Not Allowed).  It was just a day later that “John Killman (See Burns Chronicles No 42 – Fabio […]

Burns Chronicles No 27 – Public Lands – Part 1 – It’s a Matter of Jurisdiction

Burns Chronicles No 27
Public Lands – Part 1
It’s a Matter of Jurisdiction

caution-yellow-tape

Gary Hunt
Outpost of Freedom
September 13, 2016

Thomas Jefferson had proposed an ordinance to deal with the lands won along with independence from Britain in 1784, and not belonging to any State, any lands that might be relinquished when considered to have been granted by Royal Charter.  The Continental Congress ratified the Northwest Ordinance of 1787 on July 13, 1787.  The First Congress under the newly ratified Constitution, which met from March 4, 1789, to March 4, 1791, then reaffirmed that same ordinance.  This slightly revised version reaffirmed on July 13, 1789, and is known as the Northwest Ordinance of 1789.

The Fourth Article, unchanged in the two versions, reads, in part:

Article the Fourth.  The said territory, and the States which may be formed therein, shall forever remain a part of this Confederacy of the United States of America…  The legislatures of those districts or new States, shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulations Congress may find necessary for securing the title in such soil to the bona fide purchasers.  No tax shall be imposed on lands the property of the United States; and, in no case, shall nonresident proprietors be taxed higher than residents.

Note that “primary disposal” seems to be the objective of holding the land.  That disposal would serve two very significant purposes in the creation of a nation that would grow from those first thirteen states.  First, it would raise revenue for the payment of the debt incurred because of the War of Independence, and it continued to provide revenue for the fledgling nation.

Second, it would provide land for people to populate the barren regions, first, across the Allegheny Mountains, then on to the Mississippi River, next to the Rocky Mountains, and finally to the Pacific Ocean.  With each of these principal movements, as those people moved westward, the resources of the most resource rich country in the world would develop into the greatest nation in the world.

.

With the ratification of the Constitution, we have two provisions that deal with land owned by the United States.  First is Article I, § 8, clause 17, which we have heard much of recently.  It read:

The Congress shall have the Power…  [t]o exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.

Now, a question arises as to the “needful Buildings” portion, which will be addressed later.

Next, we have Article IV, § 3, clause 2, which reads:

The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this Constitution shall be so construed as to Prejudice any Claims of the United States, or of any particular State.

Clearly, as we can see from the historical record, Congress can own land, which has been referred to as “public lands”, from records predating the Constitution, reaffirmed by the first Congress, and embodied in the Constitution, itself.

The next question is whether Congress had any prior ownership of the lands in question.  Here, we have three possibilities.  First, the lands acquired by the Treaty of Paris (1783) in which Britain gave up her claims to the lands east of the Ohio River (the Northwest Territories), and other lands ceded by Virginia (believing that she owned land to the Pacific Ocean), and other adjustments to final boundaries of the colonies.  These lands by treaty would also include lands acquired by a subsequent treaty with Britain, dealing primarily with Oregon and Washington.  Next, we have lands acquired by conquest and subsequent treaty.  This would include the Hidalgo Treaty, after the Mexican-American War (1846-1848), and subsequent treaties relinquishing Mexico’s claims to lands otherwise not in conflict and establishing our southern border.  Third, we have the lands acquired by purchase.  Primarily, the Louisiana Purchase of 1803.  So, by conquest, by treaty, and by purchase, the government owned vast amounts of land.

In all of these instances, the land acquired could not go to a State recognized by the Congress, as the Northwest Ordinance defined the procedure by which a territory could become a State.  Therefore, the only viable conclusion is that these lands would fall under the Article IV.  § 3, clause 2 provision of “all needful Rules and Regulations respecting the Territory or other Property belonging to the United States”.  This would apply until the land was “disposed of”, which provision is included in the Northwest Ordinance (Fourth Article).

Finally, we come to the Admission of Oregon, as a State of the Union.  Congress approved the Oregon Admission Acts on February 14, 1859.  There were some propositions in the Acts, and the Legislative Assembly of the State of Oregon approved those propositions on June 3, 1859.  The significant article in the Acts is the fourth.  It deals with land, and reads, in part:

First, That sections numbered sixteen and thirty-six in every township of public lands in said State, and where either of said sections, or any part thereof, has been sold or otherwise been disposed of, other lands equivalent thereto, and as contiguous as may be, shall be granted to said State for the use of schools.  Second, That seventy-two sections of land shall be set apart and reserved for the use and support of a State university, to be selected by the governor of said State, subject to the approval of the Commissioner of the General Land-Office, and to be appropriated and applied in such manner as the legislature of said State may prescribe for the purpose aforesaid, but for no other purpose.  Third, That ten entire sections of land, to be selected by the governor of said State, in legal subdivisions, shall be granted to said State for the purpose of completing the public buildings, or for the erection of others at the seat of government, under the direction of the legislature thereof.  Fourth, That all salt springs within said State, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said State for its use, the same to be selected by the governor thereof within one year after the admission of said State, and when so selected, to be used or disposed of on such terms, conditions, and regulations as the legislature shall direct: Provided, That no salt spring or land, the right whereof is now vested in any individual or individuals, or which may be hereafter confirmed or adjudged to any individual or individuals, shall by this article be granted to said State. Fifth, That five per centum of the net proceeds of sales of all public lands lying within said State which shall be sold by Congress after the admission of said State into the Union, after deducting all the expenses incident to the same, shall be paid to said State, for the purpose of making public roads and internal improvements, as the legislature shall direct: Provided, That the foregoing propositions, hereinbefore offered, are on the condition that the people of Oregon shall provide by an ordinance, irrevocable without the consent of the United States, that said State shall never interfere with the primary disposal of the soil within the same by the United States, or with any regulations Congress may find necessary for securing the title in said soil to bona fide purchasers thereof; and that in no case shall non-resident proprietors be taxed higher than residents. Sixth, And that the said State shall never tax the lands or the property of the United States in said State: Provided, however, That in case any of the lands herein granted to the State of Oregon have heretofore been confirmed to the Territory of Oregon for the purposes specified in this act, the amount so confirmed shall be deducted from the quantity specified in this act.

So, once again, we see the phrase “primary disposal”.  This “disposal”, from the Northwest Ordinance of 1787 to the admission of Oregon in 1859, makes clear that the “public lands” were to be disposed of.  It makes no mention of acquisition of lands, except indirectly in Article I, § 8, clause 17, and it appears that there were only certain purposes for which the land could be acquired, and each is to sustain constructions serving to provide for the required obligations of the government; “Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings”.  Though the ambiguity of what needful may have been intended to refer to, the noun, “Buildings”, is without question.  All of the itemized objects require construction, and, consequently, the provision is to allow government facilities to be established to serve the needs of the government, not of birds, tortoises, or other critters that the Bible says are put on this Earth for our use.

We also see that a portion of the “proceeds” of the sale of the public would go to the State to provide “for the purpose of making public roads and internal improvement.”  Those improvements would provide both roads and canals for water, both to help with the development of the State.  This would satisfy the intended purpose of creating growth of the State and the Nation.

Understand that each state, within its constitution, may have reserved that state certain rights with regards to land, as explained in the Oregon Admission Acts, but the federal government has no such constitutional authority.

In 1825, just 46 years after the formation of the current government, Congress, in order to have the lawful authority to charge people with the destruction of government property, enacted the “Act of 1825”.  The Act sets the requirement for extending jurisdiction created under Article I, § 8, clause 17:

An Act more effectually to provide for the punishment of certain crimes against the United States, and for other purposes.  (March 3, 1825)

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

Now, this Act brings to light what was intended, with regard to federal jurisdiction, outside of Washington, D.C.  If that land has been disposed of, it has left the realm of “needful Rules and Regulations”, and entered into the jurisdiction of the State in which the land lies.  It is, forever, outside of federal jurisdiction — UNLESS it is brought back into federal jurisdiction in accordance with the intent of Article I, § 8, clause 17.  Now, the application of that intent is clearly laid out in the Act of 1825.  That “under their jurisdiction” refers to the State ceding to the federal government either limited or complete jurisdiction.  Simply because the government bought the land does not create “jurisdiction”, or the provision would be without meaning.

A “Chain of Title” was secured for the property upon which the buildings sit at the Refuge.  Based upon that document, an analysis of the documentationprovided resulted in determining that, in fact, certain land that had left government ownership, and were subsequently deeded back to the United States of America, though no proof of ceding was shown in the Chain of Title.

r-hcrc-compositel-hcrc-tax-map-to-usa

 

 

The government ownership is contained within the red lined area on the left map.  The Refuge Buildings can be seen above the words “Sodhouse Lane” on the right map

This coincided with the government production of Proof of Ownership in their “Motion for Judicial Notice“.  The results, as far as ownership by the United States of America are identical.  And, as in the Chain of Title, there is no indication that there was any ceding of land or jurisdiction, back to the United States, in either record.  This being the land where the Malheur National Wildlife Refuge headquarters are situated, and the location of the alleged crimes by the defendants.

However, that ownership carries no jurisdictional authority.  That remains with the State, unless the government has had that jurisdiction ceded to them, and away from the State, either fully or partially.  And lawfully, the federal government has no more authority than you would, if you owned the land.  If there was an alleged criminal act, you would have to file a complaint with Harney County, and it would be dealt with under state law.

Then, yesterday, September 12, Shawna Cox filed her response, in which she also sought judicial notice that Oregon never ceded the land or the jurisdiction back to the federal government.  Now, this creates a bit of a dilemma in that if the Court takes judicial notice of the ownership, absent proof to the contrary, it must also take notice of the absence of federal jurisdiction.  This will significantly change the playing field.

 

6 Comments

  1. […] For additional commentary on this issue, Bundy supporter and activist Gary Hunt has written a though… […]

  2. Speak2Truth says:

    Very nicely explained. This matter of Federal obligation to “dispose of” the land when a State is created from it has been discussed and contested greatly. Yet, the Constitution seems clear on the point that the Federal Government cannot maintain control (jurisdiction) over any lands within a State that are not ceded back to the Federal Government for the explicit purposes stated.

    If the court recognizes this argument, I would expect it may go all the way to the Supreme Court, which has been stacked with Statist ideologues. The loss of Scalia indicates to me that the argument would go in favor of the Federal Government keeping control over the land, not because of the Constitution but because of the leanings of the justices who will decide the matter.

    And that would be yet another dagger in the Constitution.

    • ghuntghunt says:

      It will first go to the Ninth Circuit, which decided a case, United States v Otley et al, 127 F2d 988 (1942),which addressed jurisdiction. Otley will be addressed in Part 2 of Public Lands.
      As far as the Supreme Court, it could take a couple of years to get there. Scalia, and probably Ginsberg, will have been replaced by then. Hopefully, the bitch will not pick those replacements.
      However, if she is elected, I do fear for my country and what may happen in the next year or two.

      • Speak2Truth says:

        Well said.

        In a sane world, it would not be possible for her to be elected by Americans. But then, it’s not Americans who are voting for her. It’s folks who don’t really identify as Americans, folks who have an affinity for the destruction of this nation.

        I have a lot to say about what I’ve seen and what I know but your blog is probably not the right venue. We’re in for some interesting times.

  3. […] a previous article, “It’s a Matter of Jurisdiction“, we looked at the constitutional aspect of jurisdiction.  Many will simply ignore that […]

  4. […] Shawna Cox brought the matter of Jurisdiction to the Court.  The first, explained in “Public Lands – Part 1 – It’s a Matter of Jurisdiction“, was filed in response to the government’s “Motion for Judicial Notice” […]

     

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

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

anna-brown-judge-bww-crown

Gary Hunt
Outpost of Freedom
September 19, 2016

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

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

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

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

A.  I had.

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

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

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

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

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

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

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

THE COURT: Move to strike what, sir?

MUMFORD: The nonresponsive part of the –

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

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

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

THE COURT: Is there another objection?

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

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

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

Would you –

DEFENDANT RYAN BUNDY: The mic is on.

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

DEFENDANT RYAN BUNDY: Yes, hearsay.

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

Prejudicial, I change that to prejudicial.

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

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

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

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

.mistrial-1

So, this brings up two rather interesting questions. First, let’s look at the docket, and its purpose. Each entry shows the date that the Clerk entered the document submitted for filing, or other “Minute Notes”. Then, each is given a sequential number. The purpose is for the record, so that all entries are preserved, hence nothing can “disappear.”  However, since related documents can be filed many pages apart, it warrants that we go looking (on PACER, a government website that makes court information available) for docket entry #1141:

 

mistrial-2The image is a capture from the pdf of the docket, with the bottom of page 94 and the top of page 95.

Well, shoot. It ain’t there! How can that be an Order, when it doesn’t appear on the Docket? Was #1141 really an Order, or was something else removed so that reference could be made to a non-existent Order?

Regarding the second question this raises, the gag order set by the Judge, early on, pretty much prohibits the attorneys from providing certain information.  But, as can be seen by other “sealed” entry, there is a notation that it is sealed, it has a number, and a brief description of what the document pertains to.

Now, if this is a “Public Trial”, why is this information not available to the Public?  Is there something that the Court is trying to hide?  Even worse, if an attorney wants to object to testimony, as addressed in this article, and he cannot use the “rough-draft transcript”, how is he to address the particulars of the matter he is addressing?  He cannot demonstrate what his concern is — UNLESS he can quote from the record, rough to not, to express his concern.  It makes one wonder what would have happened if the government had quoted from the “rough-draft transcript”.

This warranted further investigation. First is a capture of the docket on February 19, 2016. Then, a capture on September 16, both of the first few entries on the docket.

160219-docket-capture

February 19, 2016 – docket capture

160916-docket-capture

February 19, 2016 – docket capture

Golly! Entries 16 through 22 have gone missing! Now, I can’t say that there has not been a rule adopted that allows manipulation of the docket, however, if there is, it defies the concept of a record keeping method that did exist to prove that justice had been done.  So, we are left to suppose that the Judge would not pull any shenanigans to try and deceive the Public.  We should have serious concerns over that possibility.

We can’t stop here; we have to look at what Sheriff Ward said, and was left with a degree of credibility with the Jury. Now, Ward should be well schooled in testifying, and I’m sure that the US attorneys and the FBI are well schooled in testifying. They should all know what is not allowed, however, as Mumford said in the “Motion for Mistrial”.

Once such statements are made, the damage is hard to undo: “one cannot unring a bell”; “after the thrust of the saber it is difficult to say forget the wound”; and finally, “if you throw a skunk into the jury box, you can’t instruct the jury not to smell it.”

Now, surely, the jury will give a high degree of regard for testimony from a government employee. Given what we have, that odor in the Jury Box may not go away during the course of the trial.

Now, let’s visit what was so damaging, and absolutely false, concerning what Ward said. He created fear by associating the Millers with the Bundy Affair when he said, “I had learned of some unstable people who had left that situation, and killed two police officers.” Well, surely, he spent a lot of time with the FBI and the US Attorneys. Was he stupid enough to believe Google and not confirm with the authorities that knew more than most about what happened back in April 2014?

As far as sources for such information, Ward would probably contact law enforcement in Las Vegas, as a more reliable source. Well, here is what the Las Vegas Review Journal said in their June 15, 2014 edition (page 2):

We can’t find anything linking these two guys to anybody,” said a law enforcement official with knowledge of the ongoing investigation. “If they were a part of a group, they hid it well.”

During the day just after the Millers shooting the two cops, I contacted a number of people at the Ranch to find out what role, if any, the Miller’s played (Vetting the Millers). I found that they did spend some time in the public area, but were never allowed at the ranch. They were deemed aggressive and unsuitable to participate in protecting the ranch. The were sent to Mesquite where Stewart Rhodes gave them “a couple hundred dollars” so that they could get a motel room, shower, and some new clothes, because they claimed that, they had given up jobs, their home, and were wearing the only clothes they possessed.

Now, there is no reason that Ward would not have some, if not all, or, more than likely, even more information about the Millers. So, his intention in laying that information out to the jury was not only a violation of what he should have known and been informed of by the FBI/AUSA, it was also a falsehood (aka a damned lie).

Now, we know from previous pronouncements from Judge Brown that she was not going to let the trial be delayed. And, in this instance, Queen Judge Anna Brown has determined that she can do no wrong, and her insistence on keeping her schedule supersedes the assurance of justice in the outcome of the trial.