PERSECUTION OF PATRIOT DISTURBING Feds Target 60-Year-Old Militiaman For Stance on Second Amendment By Ralph Forbes Why is the government afraid of a retired, overweight, elderly man with respiratory problems? At the bond hearing for Hollis Wayne Fincher, known as “the gentlegiant,” the federal court conceded it was at heart a free speech case—but from the government’s standpoint Fincher had uttered “scary” free speech, so his bond was set at $250,000, equal to the deed to his 120-acre homestead, which has been in his family for three generations. Fincher has been accused by the federal government of possessing three illegal machine guns. However, many believe the case has more to do with Fincher’s writings and beliefs than it does any firearms he owned. Yes, it is a First Amendment case, the inalienable rights to freedom of speech, assembly and petition. But it is equally a Second Amendment case, securing the God-given right of self-defense, which protects every American from having his or her right to keep and bear arms from being infringed by the government. In the spirit of America’s patriots of 1776, in 1994 Fincher and others founded the Arkansas Militia, realizing that the fundamental right to protect all other rights is the right of the people to keep and bear arms. Recognizing that the best security of a free people lies in the people, not the government, Fincher wrote The Silver Bullet, a treatise showing that infringements upon this basic right stem from the poison tree of unconstitutional perversions of law. The Arkansas Militia then sent copies of this nearly 300- page elucidation to Gov. Mike Huckabee (R) and a host of other officials, including county sheriffs, to educate them on the law of the land. No one said it wasn’t correct. On March 18, 2006, The Morning News of Northwest Arkansas published an Anti-Defamation League (ADL) approved story on Fincher, The Silver Bullet, and other patriots. Mark Pitcavage, a Columbus, Ohio-based “fact-finder” for the ADL, an unregistered agent of Israel, said the ADL “monitors” Americans that it deems “potentially dangerous,” especially if they have “extreme views” and/or are “heavily armed.” The ADL was particularly concerned about the Washington County Militia, Fincher and The Silver Bullet. So eight months later, on Wednesday, Nov. 8, 2006, federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (BATF) and FBI, aided and abetted by Arkansas State Police, the Arkansas State Bomb Squad, the sheriffs of Washington and Madison counties and the police departments of Fayetteville and Springdale, raided Fincher’s home and arrested the 60-year-old man. The raid was committed under color of the federal “gun violence prevention program,” the so-called Project Safe Neighborhoods. Fincher’s bond hearing was held in the Ft. Smith, Ark., federal courthouse, under a gold-fringed flag and with a swearing-in that failed to include “so help me God.” ATF Senior Special Agent Wade Vittitow testified that Fincher’s arrest was the result of the Morning News article, which the government submitted as Exhibit #1. He also testified that he “could not follow the logic” of the “dangerous” Silver Bullet. Vittitow admitted Fincher had no criminal background, had never exhibited violent behavior, had lived on the family homestead all his life, and had family members close within the area. Nevertheless, the feds maintained the gentle giant was “a flight risk.” Fincher did not trust the feds with the deed to his homestead, so he remains in jail “happily preaching Jesus” and the Constitution to his fellow prisoners. In the meanwhile the feds continue to catch and release illegal aliens. The government doesn’t fear the gentle giant or his guns; they fear the power of his ideas for restoring our constitutional republic. You can obtain a copy of his Silver Bullet by downloading it at arkansasmilitia.com. (Issue #4, January 22, 2007)

 

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A DISHONEST MAN
By Don A. Bright

U.S. District Judge Jimm Larry Hendren is a dishonest man. 
Hendren practices dishonesty in the most devious and destructive form there
is.  Hendren lies for the State.  Hendren lies in order to keep the
benefits of power:  Power for himself and power for others of his ilk who
use their power to strip others of their freedom.  It takes a powerfully
warped ego to make a person so arrogant as to lead that person into the
corruptness that is manifested in Hendren’s judicial vacuousness. 

Jimm Hendren is the antithesis of “honorable”, a term that is attached to his
black robe and, in this case, not the man.  I have been in many courtrooms
in my life and have always performed as instructed by the phrase “all
rise!”  On January 12, 2007 I stayed in my seat when that call came to
announce the judge’s leaving the courtroom.  I did that because after
being exposed to the gangrenous demagoguery and arrogance that flowed so
eloquently from the lips of this man I felt no need to “rise!”.  It felt
good.

What I had just witnessed was the behavior of the generic target of our
forefathers when they defined the danger of the state without boundaries. 
Our Constitution was written for the sole purpose of stopping men like
Hendren.  Most troubling is the fact that Hendren is well aware of
that.  His fear of being exposed as the power groping statist he is was, I
am sure, the very reason he took the actions and made the declarations he did
during the trial I witnessed.

The trial I am writing of was The United States vs. Hollis Wayne Fincher. 
Mr. Fincher was subjected to a “no knock” assault from the minions of the
federal, state, county and municipal law enforcement agencies and arrested for
having “illegal” guns in his possession.  The raids (there were warrants
for 13 other friends of Wayne) themselves were of little note here. 
Although more “illegal” guns were confiscated from others who were raided, only
Wayne was arrested.  Why?  I’ll let the officer that was part of one
of the raids where the person involved was not placed under arrest speak on
that.  That officer, when asked by the victim of the raid why he (the
victim) was not being arrested, made the following statement, “we’re after
Wayne Fincher”.

This startling revelation made the reasons behind the “get Wayne Fincher” raids
very clear to all of us who follow local politics in the Washington County
area.  Wayne was a very brilliant and formidable opponent of those in
power in the area.  His imposition of constitutional guidelines and laws
into the give and take of Washington County politics frightened his
opponents.  It made sense that they would stop at nothing to get rid of
this man.  They did.  I’ll let the reader fill in the blanks here… I
want to get back to that Hendren fellow.

It is no secret that our federal government is exercising more and more power
over the individual is the last half of this century, give or take.  And
one does not need to have an IQ in 3 digits to know that the Constitution is an
offense to those whose thinking is statist.

They hate it.  Thus it has become necessary for these elitists to make the
Constitution irrelevant. How best to do that?  Simple.  Instruct the
judiciary to exercise control of it.

This they have done.  The simple exerting of two fictions is all that is
necessary for this task.  (1.) Instruct the populace that only they (the
judiciary) can interpret the meaning of the Constitution, and (2.) buttress
that fiction by excising the Constitution from the courtroom.

That is how we end up with lapdogs the likes of Hendren.  He will resort
to any kind frightening rhetoric and gavel thumping arrogation to protect his
naked regalia and that of his fellow travelers.  To exercise control over
the commons is commonplace in these exalted waters.

Let’s take a look at how Hendren did just that in ruling over the Fincher
trial.  With inordinate comfort and a hubristic smile “judge” Hendren did
the following:

* Refused to “allow” the use of Fincher’s ultimate and necessary defense, i.e.
the Constitution of the United States and the Constitution of the State of
Arkansas.

* Refused to “allow” Fincher his inalienable and constitutional right (6^th
Amendment) to be tried by a jury. Hendren would only “allow” Fincher to give
testimony in front of Hendren, himself, and then denied Fincher the right to be
heard by a jury of his peers.

* Intimidated the jury by telling the jury it could not think outside the box
the judge defined.

To back up these charges, I offer the following quotes from Hendren’s
instructions to the jury:

“You are the sole judges of the facts: but you must follow the law as stated
in my instructions, whether you agree with it or not.”  (Editor’s
note: Simply a lie.  All jurors in the United States have the right to
acquit if they think the judge is incorrect in his definition of the law, if
they think the law is a bad law, or if their conscience tells them the
defendant is being abused by the prosecution or judge. http://www.fija.org/)

“It is your duty to find from the evidence what the facts are.  You
will then apply the law, as I give it to you, to those facts.  You must
follow my instructions on the law, even if you thought  the law was
different or should be different.”  (Editor’s note:  See above
notation.) 

 Compare the above quote from earlier ones in his instructions to the
jury: 

“Each of you must make your own conscientious decision, but
only after you have considered all the evidence, discussed it fully with your
fellow jurors, and listened to the views of your fellow jurors.”

“You are entitled to consider that evidence in the light of your own
observations and experiences in the affairs of life”). Emphasis is
mine.

About the defense introducing and interpreting the Second Amendment as evidence
Hendren had this to say:  “…and I don’t know that I’ve got a problem
with that, but I think that there would be a problem if the matter were going
to be submitted to the jury about whether they think that is what the First
Amendment – the Second Amendment – says or not, because that’s not a matter for
the jury to decide.  The Court will tell it what the law is, the
applicable law.” 

On the role of the judge and that of the jury Hendren makes this arrogant
and errant barrage of affluent:

“The judge, being myself in this case, is tasked with determining issues of
law, evidence, (sic) and procedure.  Those matters are not for the
consideration of the jury.  It would be unfair to put it to them. 
They are not legally trained.  They’re not judges.  They’re not
trained and hopefully experienced (sic).  They’re not experienced in such
things.”

In other words, according to Hendren, American citizens who sit on a jury
are too stupid to be there.  Why, then, I ask, do we even have
juries?  Hendren, obviously, considers juries one of life’s burdens put
upon judges.

So what to think?

I think that Hendren’s chicanery, evasion and ambivalent stratagem points to
the existence today of the very thing that our forefathers sought to avoid
through the Constitution – a dictatorial judiciary that sets the rules for the
other two “co-equal”  branches of government and the citizenry a large.

I think that there are men who are so unlimited in ego and self delusion that
they not only break the rules and laws of society…they indeed break the bonds
of humility that must govern civilized society. 

Jimm Hendren does not judge…he cheats.

Liberty And The Constitution Go On Trial

By Michael Gaddy

 On Monday, January 8^th 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 8^th—but so does our Constitution, our Liberty and our right to own firearms. If Mr. Fincher loses this battle, we all lose.

 

 

 

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 2^nd
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