Liberty And The Constitution Go On Trial

Liberty And The Constitution Go On Trial


By Michael Gaddy


 On Monday, January 8th in Federal court in Fayetteville, Arkansas, Liberty and the Constitution, represented by Hollis Wayne Fincher, are being put on trial by the jackbooted thugs at the Bureau of Alcohol Tobacco Firearms Explosives (BATFE) Yes, these are the same criminals responsible for the murders and other malicious acts at Ruby Ridge and Waco.


Mr. Fincher, age 60, was arrested on the morning of November 8 following a raid on his home involving federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATFE) and FBI and assisted by Washington County Sheriff’s Office, Fayetteville Police Department, Springdale Police Department, Arkansas State Police, Arkansas State Bomb Squad and the Madison County Sheriff’s Department. Mr. Fincher was charged with possession of a firearm in violation of the National Firearms Act of 1934.


Fincher, a renowned constitutionalist, Lt. Commander of the Washington County Arkansas Militia and co-author of a document entitled The Silver Bullet; a treatise on the unconstitutionality of the Federal Firearms Act of 1934, has no previous criminal record.


At the core of Mr. Fincher’s arrest may be a diabolical scheme by the Washington County, Arkansas local and county governments to implement laws and regulations that are straight out of the United Nations Agenda 21 program. It appears the “investigation” into Mr. Fincher’s allegedly illegal firearms originated about the same time Fincher and others began to protest to local government their proposed adoption of laws that infringe on private property rights.


Hollis Wayne Fincher is an imposing man, both physically and intellectually. He intimidated those in local government with his vastly superior knowledge of the US and State of Arkansas Constitutions to the point that when he stood to speak (with permission) at the hearings to protest their proposed unconstitutional laws, he would have a sheriff’s deputy stand beside him; something to which no one else in attendance was subjected.


Mr. Fincher and Don Bright have been able through their presence and knowledge, to expose the countywide zoning scam of those in the local government of Washington County. The day after Mr. Fincher’s arrest, the council met in “emergency” meeting where the questionable zoning ordinance was passed with only one reading.


A local radio personality, fellow soldier and constitutionalist in the fight against the proposed zoning ordinance, Mr. Don Bright, stated on his radio show after the arrest of Mr. Fincher that he believed the “coincidental” arrest could have originated in the highest offices of Washington County. At the emergency meeting, the County Judge accused Mr. Bright of linking him to the arrest; when Mr. Bright protested, he was forcibly removed from the meeting by three deputy sheriffs. The questionable zoning ordinance was then passed.


When Hollis Wayne Fincher was arraigned on the “illegal” gun charges, it was learned the BATFE had placed an undercover plant in one of the militia meetings. Acting as an agent provocateur, this plant had suggested, “judges be awakened with a gun barrel in their mouths” to which Mr. Fincher had replied “Be careful what you say, this building might be bugged.” Magistrate, Beverly Stites-Jones clairvoyantly replied, “Obviously Mr. Fincher agreed with the idea” and said “that’s what he’s thinking right now” and “I have a fear and do they intend to follow through.” She did not elaborate on whom she meant by “they.”


At the arraignment, BATFE Special Agent Wade Vittitow stated under oath, “the arrest was not about the militia,” although a total of 14 search warrants were issued to search the homes of other militia members. Several allegedly “illegal” firearms were found during these searches but no one was arrested but Mr. Fincher.


During the same arraignment process, five illegal aliens were arraigned on various drug (meth) charges and an additional illegal was charged with identity theft. A court appointed interpreter was brought in to insure the accused understood the charges against them. All six were released on their own recognizance while Mr. Fincher has been held in jail since the arraignment in lieu of $250,000 bond and the condition he move out of his home and into his daughter’s home, post the deed to his private property with the court, give up all his weapons, not attend any militia meetings, and be subjected to electronic monitoring.


Ironically, late last week, Assistant US Attorney Wendy Johnson, filed a motion with the court requesting the judge not allow any defense arguments based on the US Constitution or jury nullification! Yes, that is correct—the government does not want to allow the defense attorney to use the supreme law of the land in Mr. Fincher’s defense.


If a defendant is not allowed to base his/her defense on the Constitution, we are certainly doomed. If we allow these criminal acts perpetrated on law-abiding citizens to continue, we might as well turn in all our guns and schedule a fitting for our chains


Yes, Hollis Wayne Fincher goes on trial on January 8th—but so does our Constitution, our Liberty and our right to own firearms. If Mr. Fincher loses this battle, we all lose.


 


 


 

The Arkansas and the U.S. Constitutions are in rags

Arkansas Freedom blog will be used to expose a myriad of problems facing Arkansas & U.S. citizens. It is intended to enlighten and inform those who are too busy to research and/or don’t know how.

Many of you are familiar with our writings and may or may not agree with our opinions, but hopefully are open-minded enough to seek facts and verify if in doubt.

We find that many folks simply do not know either what is going on in our governmental institutions or why. It takes time and effort to ferret out the truth when our mainstream media is so controlled and biased…especially in a society being ripped apart by political correctness, propaganda, and a system designed to control and milk its citizens, resulting in the destruction of our middleclass.

Politicrats now pick & choose which laws to enforce against whom, and can falsify testimonies, “facts”, etc. to get their desired results. There is no one to protect citizens except ourselves…just ask Fincher, the Border Patrol agents, and many more.

Fincher another Ruby Ridge?

Was the unconstitutional arrest of Hollis Wayne Fincher intended
to be another Ruby Ridge, Waco or the travesty of Border Patrol agents Ramos
and Campean’s trumped-up arrest and conviction.

The arraignment of Fincher so indicated: BATFE agent Wade Vittatow
spouted venom vilifying Fincher  stating
Fincher’s home was in the “boondocks”, implying 
Fincher was  hiding from federal
jackboots, then an admonition that the road was so bad leading to the Fincher
homestead that an attack on Fincher could produce casualties.

It appears Vittatow and the other 7 enforcement agencies
were set on provoking a shootout with Fincher. 
What explanation can be ascertained from 8 law enforcement agencies, one
snitch (entrapment that produced nothing) and hundreds of thousands of taxpayer
dollars to illegally snare one patriot? Judge Hendren and Congressman Boozman
stated Fincher is a patriot. Why conviction and incarceration?

The order to ensnare Fincher came from New Orleans via
dual-citizen Attorney General Alberto Gonzales.

“Jury perjury” is a practice of the BATFE.  “Star Chamber” tactics were employed:  the person on trial is not allowed to present
their defense to the jury and the jury is not allowed to hear the statements of
the defendant, which is “jury tampering”.  Both unconstitutional.

Prosecutor Balfe’s response to Motion for Arrest of Judgment
failed to prove their case. Fincher was not allowed to use the 2nd
Amendment in his defense, yet Balfe selectively used the Constitution in his Arrest
of Judgment response, citing two federal statutes he claimed were within the authority
granted to Congress by the Constitution. 
Where ? The Constitution is not subservient to Federal statutes.

Balfe’s case rested on a violation of the “Commerce Clause”,
making it incumbent on him to prove, he failed.

The Feds, like children, change the rules of the game, and
in so doing have made the Constitution irrelevant.

 

Joe McCutchen

Fort Smith

479-646-8261

 

Constitution vs. Federal Statutes

What is the relationship of the illegal conviction of Hollis Wayne Fincher to the Military Commissions Act and the Martial Law Codicil?


October 17, 2006 President Bush signed the two into law.  The Military Commissions act abolished Habeas Corpus, laying the foundation for military tribunals for U.S. Citizens. The second Republic killer called the Martial Law Codicil permits the President to seized control of state and National Guard units for any activity he deems a “disaster”.  This law neutralizes the Insurrection Act and the Posse Comitatus Act.


These two laws are literally the foundation of the American concept of due process and prevented the centralization and militarization of law enforcement.  A spinoff of the aforementioned is the Safe Neighborhood Act, giving the impression that law enforcement agencies would protect citizen neighborhoods—a false flag.  The Act allegedly is to seek out and punish gang activity.  So who are the troops who would patrol our neighborhoods? Some are already here—local police departments that have become appendages of Homeland Security.  Local police are receiving combat weaponry, armed personnel carriers, and other assets incompatible for law enforcement but suitable for martial law.


Who will disarm the population? See above.


Why was Hollis Wayne Fincher brutally arrested by eight enforcement agencies, headed by the BATFE and a surrogate Federal Prosecutor dancing to music of George Bush by an Act designed to uncover gang activity? Police departments have been instructed by Homeland Security to view critics of the “war on terrorism” as potential terrorists.


The Feds command and “local” police obey in the name of “presidential security”. The Feds are busily defanging American citizens across the board, and the individuals occupying all levels of government have become our enemy instead of our protectors.


Hollis Wayne Fincher was acting to alert the American citizens of the many dangers posed by a criminally corrupt federal government who are warmongers and torturers.


Objectively view the past six years.


Why aren’t Boozman, Pryor, Lincoln making us aware of this criminality?


 


Joe McCutchen


 

The lights are going out all over the U.S.

The lights are going out all over the United States.  Another one went out 1/12/07 when “Compassionate Conservative” Judge Jimm Hendren kicked the Constitution (U.S. & Arkansas) out of his courtroom by disallowing its mention, then made the jury leave the courtroom during Wayne Fincher’s own reasoned, knowledgeable defense of his militia and his weapons.  Evidently the judge believes he knows the law (arbitrary unconstitutional laws passed by congresses), juries don’t (they might question some statutes violating constitutionally guaranteed rights?), and so he decided what they may hear and what they may not (judge and jury?)…according to the desires of the federal prosecutors.

Thomas Jefferson said that the government fearing the people equals freedom, people fearing the government equals tyranny.  I asked if we will follow Jefferson or appointed U.S. Attorney Robert Balfe III/A.G. Alberto Gonzalez…via Judge Hendren?   A guilty verdict was returned by a jury, who was never instructed it’s their right and duty to adhere to the facts of the case, consider the merits of the law, and the fairness of its application. The role of jurors is to protect private citizens from the increasing government abuses of power, and from unconstitutional statute and case laws.  


Jurors protect against tyranny by refusing to convict people of false crimes. Jurors who are knowledgeable of their historical role understand they, not the judges, have the absolute and final word as to both the facts and law. They should not be intimidated by the courts or judges, and know they are the last peaceful defense of our constitutional liberties. Go to www.fija.org for verification. 


This injustice compares to the Border Patrol agents sent to prison for protecting our border, while the illegal alien criminal drug smuggler goes free. 


FREE WAYNE!


 


Barbara McCutchen


Fort Smith, AR


479-646-8261


 


 

The end of money

THE UNITED STATES IS INSOLVENT
by Dr. Chris Martenson
The End of Money
December 17, 2006



Prepare to be shocked.


The US is insolvent. There is simply no way for our national bills to be paid under current levels of taxation and promised benefits. Our federal deficits alone now total more than 400% of GDP.


That is the conclusion of a recent Treasury/OMB report entitled Financial Report of the United States Government that was quietly slipped out on a Friday (12/15/06), deep in the holiday season, with little fanfare. Sometimes I wonder why the Treasury Department doesn’t just pay somebody to come in at 4:30 am Christmas morning to release the report. Additionally, I’ve yet to read a single account of this report in any of the major news media outlets but that is another matter.


But, hey, I understand. A report this bad requires all the muffling it can get.


In his accompanying statement to the report, David Walker, Comptroller of the US, warmed up his audience by stating that the GAO had found so many significant material deficiencies in the government’s accounting systems that the GAO was “unable to express an opinion” on the financial statements. Ha ha! He really knows how to play an audience!


In accounting parlance, that’s the same as telling your spouse “Our checkbook is such an out of control mess I can’t tell if we’re broke or rich!” The next time you have an unexplained rash of checking withdrawals from that fishing trip with your buddies, just tell her that you are “unable to express an opinion” and see how that flies. Let us know how it goes!


Then Walker went on to deliver the really bad news:


Despite improvement in both the fiscal year 2006 reported net operating cost and the cash-based budget deficit, the U.S. government’s total reported liabilities, net social insurance commitments, and other fiscal exposures continue to grow and now total approximately $50 trillion, representing approximately four times the Nation’s total output (GDP) in fiscal year 2006, up from about $20 trillion, or two times GDP in fiscal year 2000.


As this long-term fiscal imbalance continues to grow, the retirement of the “baby boom” generation is closer to becoming a reality with the first wave of boomers eligible for early retirement under Social Security in 2008.


Given these and other factors, it seems clear that the nation’s current fiscal path is unsustainable and that tough choices by the President and the Congress are necessary in order to address the nation’s large and growing long-term fiscal imbalance.


Wow! I know David Walker’s been vocal lately about his concern over our economic future but it seems almost impossible to ignore the implications of his statements above. From $20 trillion in fiscal exposures in 2000 to over $50 trillion in only six years? What shall we do for an encore…shoot for $100 trillion?


And how about the fact that boomers begin retiring in 2008…that always seemed to be waaaay out in the future. However, beginning January 1st we can start referring to 2008 as ‘next year’ instead of ‘some point in the future too distant to get concerned about now’. Our economic problems need to be classified as growing, imminent, and unsustainable.


And let me clarify something. The $53 trillion shortfall is expressed as a ‘net present value’. That means that in order to make the shortfall disappear we’d have to have that amount of cash in the bank – today – earning interest (the GAO uses 5.7% & 5.8% as the assumed long-term rate of return). I’ll say it again – $53 trillion, in the bank, today. Heck, I don’t even know how much a trillion is let alone fifty-three of ‘em.


And next year we’d have to put even more into this mythical interest bearing account simply because we didn’t collect any interest on money we didn’t put in the bank account this year. For the record, 5.7% on $53 trillion is a bit more than $3 trillion dollars so you can see how the math is working against us here. This means the deficit will swell by at least another $3 trillion plus whatever other shortfalls the government can rack up in the meantime. So call it another $4 trillion as an early guess for next year.


Given how studiously our nation is avoiding this topic both in the major media outlets and during our last election cycle, I sometimes feel as if I live in a small mountain town that has decided to ignore an avalanche that has already let loose above in favor of holding the annual kindergarten ski sale.


The Treasury department soft-pedaled the whole unsustainable gigantic deficit thingy in last year’s report but they have taken a quite different approach this year. From page 10 of the report:


The net social insurance responsibilities scheduled benefits in excess of estimated revenues) indicate that those programs are on an unsustainable fiscal path and difficult choices will be necessary in order to address their large and growing long-term fiscal imbalance.


Delay is costly and choices will be more difficult as the retirement of the ‘baby boom’ gets closer to becoming a reality with the first wave of boomers eligible for retirement under Social Security in 2008


I don’t know how that could be any clearer. The US Treasury department has issued a public report warning that we are on an unsustainable path and that we face difficult choices that will only become more costly the longer we delay. 


Perhaps the reason US bonds and the dollar have held up so well is that we are far from alone in our predicament. In a recent article detailing why the UK Pound Sterling may fall, we read this horrifying evidence:


Officially, [UK] public sector net debt stands at £486.7bn. That’s equal to US$953.9bn and represents a little under 38% of annual GDP. Add the state’s “off balance sheet” debt, however – including its pension promises to state-paid employees – and the total shoots nearly three times higher. Research by the Centre for Policy Studies in London says it would put UK government deficits at a staggering 103% of GDP.


If we perform the same calculations for the US, however, we find that the official debt stands at $8.507 trillion or 65% of (nominal) GDP but when we add in our “off balance sheet” items the national debt stands at $53 trillion or 403% of GDP.


Now that’s horrifying. Staggering. Whatever you wish to call it. More than four hundred percent of GDP(!). And that’s just at the federal level. We could easily make this story a bit more ominous by including state, municipal and corporate shortfalls. But let’s not do that.


Here’s what the federal shortfall means in the simplest terms.



  1. There is no way to ‘grow out of this problem’. What really jumps out is that the US financial position has deteriorated by over $22 trillion in only 4 years and $4.5 trillion in the last 12 months (see table below, from page 10 of the report). The problem did not ‘get better’ as a result of the excellent economic growth over the past 3 years but rather got worse and is apparently accelerating to the downside.

Any economic weakness will only exacerbate the problem. You should be aware that the budgetary assumptions of the US government are for greater than 5% nominal GDP growth through at least 2011. In other words, because no economic weakness is included in the deficit projections below, $53 trillion could be on the low side. Further, none of the long-term costs associated with the Iraq and Afghanistan wars are factored in any of the numbers presented (thought to be upwards of $2 trillion more).


The future will be defined by lowered standards of living. As Lawrence Kotlikoff pointed out in his paper titled “Is the US Bankrupt?” posted to the St. Louis Federal Reserve website, the insolvency of the US will minimally require some combination of lowered entitlement payouts and higher taxes. Both of those represent less money in the taxpayer’s pockets and, last time I checked, less money meant a lower standard of living.



  1. Every government facing this position has opted to “print its way out of trouble”. That’s an historical fact and our country shows no indications, unfortunately, of possessing the unique brand of political courage required to take a different route. In the simplest terms this means you & I will face a future of uncomfortably high inflation, possibly hyperinflation if the US dollar loses its reserve currency status somewhere along the way.

    Of course, it is impossible to print our way out of this particular pickle because printing money is inflationary and therefore a ‘hidden tax’ on everyone. Consider, what’s the difference between having half of your money directly taken (taxed) by the government and having half of its value disappear due to inflation? Nothing. Except that the former is political suicide while the second is conveniently never discussed by the US financial mainstream press (for some reason) and therefore goes undetected by a majority of people as the thoroughly predictable outcome of deficit spending. All printing can realistically accomplish is the preservation of some DC jobs and the decimation of the middle and lower classes.

In summary, I am wondering how long we can pretend this problem does not exist. How long can we continue to buy stocks and flip houses, forget to save, pile up debt, import Chinese made goods, and export debt? Are these useful activities to perform while there’s an economic avalanche bearing down upon us?


Unfortunately, I am not smart enough to know the answer. I only know that hoping a significant and mounting problem will go away is not a winning strategy.


I know that we, as a nation, owe it to ourselves to have the hard conversation about our financial future sooner rather than later. And I suspect that conversation will have to begin right here, between you and me because I cannot detect even the faintest glimmer that our current crop of leaders can distinguish between urgent and expedient.


What we need is a good, old-fashioned grassroots campaign.


In the meantime, I simply do not know of any way to fully protect oneself against the economic ravages resulting from poorly managed monetary and fiscal institutions. For what it’s worth, I am heavily invested in gold and silver and will remain that way until the aforementioned institutions choose to confront “what is” rather than “what’s expedient”. This could be a very long-term investment.


Are you shocked?


All the best.


Chris

© 2006 Dr. Chris Martenson

Another self-serving Governor

Twenty-five plus years in the taxpayers’ trough and Governor Beebe has not learned the art of camouflage. On the other hand, he is an expert in passing responsibility to others as he stealthfully makes his wishes known. 


I speak specifically of the taxpayers’ airplane, a 1982 King Air twin turboprop.  The plane is approaching the time for a major overhaul, thanks to former governor Huckabee’s abuse.   

Governor Beebe relates: will cost $750,000-800,000 to meet FAA standards, but Beebe has requested the state to set aside $4 million to buy a new plane or fix the existing one. Beebe is sending a distinct message to his old pals in the legislature that he wants a new plane. He further states that he will leave it up to the state police to decide on the “most fiscally responsible solution for the short and long term” regarding whether to fix or replace the plane.  The state police are not qualified to make a General Aviation decision.  


Governor, Central or some other GA business should make that determination. It is wrong for you, as well as past and future governors to use the state’s airplane for personal and political reasons. Charter a plane and you pay.  Cleanliness is next to godliness.  


I’m a fifty year pilot and own planes that are vintage “60’s.  Maintain the aircraft and they will fly forever. Return the $3 million back to the taxpayers.  


Governor, I have not forgotten the illegal Mexican Consulate, have you? 


 


 


Joe McCutchen


Fort Smith


479-646-8261


 


 

Government VS Hollis Wayne Fincher

What is the relationship of the illegal conviction of Hollis Wayne Fincher to the Military Commissions Act and the Martial Law Codicil?  


October 17, 2006 President Bush signed the two into law.  The Military Commissions act abolished Habeas Corpus, laying the foundation for military tribunals for U.S. Citizens. The second Republic killer called the Martial Law Codicil permits the President to seized control of state and National Guard units for any activity he deems a “disaster”.  This law neutralizes the Insurrection Act and the Posse Comitatus Act.  


These two laws are literally the foundation of the American concept of due process and prevented the centralization and militarization of law enforcement.  A spinoff of the aforementioned is the Safe Neighborhood Act, giving the impression that law enforcement agencies would protect citizen neighborhoods—a false flag.  The Act allegedly is to seek out and punish gang activity.  So who are the troops who would patrol our neighborhoods? Some are already here—local police departments that have become appendages of Homeland Security.  Local police are receiving combat weaponry, armed personnel carriers, and other assets incompatible for law enforcement but suitable for martial law.  


Who will disarm the population? See above.  


Why was Hollis Wayne Fincher brutally arrested by eight enforcement agencies, headed by the BATFE and a surrogate Federal Prosecutor dancing to music of George Bush by an Act designed to uncover gang activity? Police departments have been instructed by Homeland Security to view critics of the “war on terrorism” as potential terrorists. 


The Feds command and “local” police obey in the name of “presidential security”. The Feds are busily defanging American citizens across the board, and the individuals occupying all levels of government have become our enemy instead of our protectors. 


Hollis Wayne Fincher was acting to alert the American citizens of the many dangers posed by a criminally corrupt federal government who are warmongers and torturers.  


Objectively view the past six years.  


Why aren’t Boozman, Pryor, Lincoln making us aware of this criminality?


 


Joe McCutchen


 

What have we become?

What have we become?  We bear no resemblance to the “home of the brave, land of the free”.


Citizens are terrified of government, while being forced to fund unconstitutional, immoral acts/programs.  Free? What’s free about people ensnared with hundreds of thousands of regulations and taxes?


“Justice” is for the politically connected or exploitable aliens, not taxpaying citizens.  Witness the Hollis Wayne Fincher case as prime example.  A lifelong, patriotic citizen of Washington County brutally assaulted and incarcerated by eight law enforcement agencies.


His offense? Pick one.  His brilliant defense of the  2nd Amendment, “The Silver Bullet”? His organization and training of a well-regulated civilian militia, of which all major law enforcement were officially notified more than once over many years?  His devout Christianity?  His devotion to family?  His 4th generation family acreage which is now prime property?  His fight against an ordinance which essentially nullifies property rights, passed the day after his arrest?  His outspoken defense of the U.S. and Arkansas Constitutions? His never harming or threatening  anyone in his life?  His openly owning weapons not “sanctioned” by the Feds?


 He is 60 years old, with health problems. He’s been held virtually incommunicado since his arrest Nov. 12.  Arkansas is overrun with illegal aliens, gangs, drug cartels, identity thieves, and hostile anti-American, open-border advocates.  Eight agencies have the time (8 months) and money to arrest one citizen, but how about the myriad illegals and their felon employers?


Fincher was denied his constitutional rights and there was jury tampering by withholding information and evidence from the jury since they were not allowed to hear his defense, or much else.  


Something is not just “rotten in Denmark”, something is very rotten in the U.S. when good is punished and evil is rewarded.  


What have we become? Nothing the Founders would approve.


 


Barbara McCutchen       


Fort Smith


646-8261


 

Immigration Laws – Unenforced


Federal Law
8 USC Sec 1325 – Illegal Entry

Any alien who enters U.S. other than at A port of entry by false or misleading representation shall be subject to civil and criminal penalties can be fined and imprisoned



Section 1324a  Hiring – Harboring – Transporting any illegal alien
Any person who knowingly hires/harbors/ transports any illegal alien is guilty of a felony punishable by 10 years jail + $2,000 fine per illegal alien + forfeiture of vehicle or property used to commit the crime.
 
Section 1324c  Law officers have authority to make arrests…
All officers whose duty it is to enforce criminal laws shall have authority to make arrests for violation of any provision of this section (affirmed US vs. Perez-Gonzalez 2002 Fed App 0360, 6th Circ.) Section 1324a Hiring – Harboring – Transporting any illegal alien.



Section 1644
No local ordinance, rule, or measure shall stop law enforcement officers from enforcement of this section (affirmed Southern District Court of NY, US vs. Rudy Giuliani, 1996.

Expose, Rebuke, Return