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utah-firearms-digest       Friday, May 15 1998       Volume 02 : Number 057




----------------------------------------------------------------------

Date: Thu, 14 May 1998 16:13:18 -0600
From: Will Thompson <[e-mail]>
Subject: Re: Federal Agents gain "right" to murder innocent citizens!

S. Thompson wrote:
>
>                      ``I think it's a travesty the people of Idaho can't
>                      have their day in court with Lon Horiuchi because
>                      he's a federal agent,''said Chuck Peterson, one of
>                      the attorney's who represented Weaver during the
                                ^^^^^^?
This was written by the AP?

- -

------------------------------

Date: Thu, 14 May 1998 17:16:32 -0700
From: DAVID SAGERS <[e-mail]>
Subject: #Death Trap:  Oklahoma City#

Recently I ordered a book by Chuck Harder & JD Cash, titled #Death Trap:
 Oklahoma City#  This book is an extensive investigation of the bombing
and subsequent events of the OK City bombing.

Because of a shipping mix up I received and paid for two copies.  I called
the company that sold me the book and I can return it.  However, if
anyone is interested in purchasing the extra copy before I send it back,
call me at 339-1499.  The price including S&H is $23.45.


- -

------------------------------

Date: Thu, 14 May 1998 18:29:39 -0600
From: "S. Thompson" <[e-mail]>
Subject: Re: Federal Agents gain "right" to murder innocent citizens!

At 04:13 PM 5/14/98 -0600, you wrote:
>S. Thompson wrote:
>>
>>                      ``I think it's a travesty the people of Idaho can't
>>                      have their day in court with Lon Horiuchi because
>>                      he's a federal agent,''said Chuck Peterson, one of
>>                      the attorney's who represented Weaver during the
>                                ^^^^^^?
>This was written by the AP?
>

Yup.  Got at least two copies now, and they all have the same "typo",
assuming you want to give those illiterate idiots the benefit of the doubt.

Sarah

- -

------------------------------

Date: Fri, 15 May 1998 09:59:08 -0700
From: DAVID SAGERS <[e-mail]>
Subject: Alert! Heritage River fiasco (fwd) -Forwarded

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Subject: Alert! Heritage River fiasco (fwd)
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There goes our Hunting and Fishing.....

On May 12, Josh Amos wrote:

[-------------------- text of forwarded message follows --------------------]

 Please pass this on!

Josh


>Subject: Heritage River fiasco
>
>I am sending an Alert on the American Heritage Rivers Initiative that Pres.
>Clinton will select the first 10 rivers to be in the program on May 13.
>Once he puts them into the program the communities that are affected cannot
>get out. It is a land grab and the President is using his Executive powers
>to do it. It will affect all the communities  that are next to the rivers
>and watersheds. In other words the land next to the land. There will be Non
>Governmental Agencies controlling the water and land, and that will affect
>farming, fishing, hunting , and living in those areas. They will set up
>river navigators and even your local Indian tribes will have control. They
>can also use satellites to monitor if communities and people comply. Only
>communities that can get 2 U.S. Senators and Supervisors opt to get out.
>Please call Senators and Congressman to oppose this land grab.
>
>Good hunting,
>Delbert
>
>Western Fish and Wildlife Federation, Inc.
>"Wolves or Watchdogs, it's hard to say from which the sheep have most to
>fear"

[------------------------- end of forwarded message ------------------------]

- --
- ----------------------------------------------------------------------------
           *****       Blessings On Thee, Oh Israel!        *****
- ----------------+----------+--------------------------+---------------------
An _EFFECTIVE_  | Insured  | All matter is vibration. | Let he who hath no
weapon in every | by COLT; |         --   Max Plank   | weapon sell his
hand = Freedom  |   DIAL   | In the beginning was the | garment and buy a
on every side!  | 1911-A1. | word.   --   The Bible   | sword.--Jesus Christ
- ----------------+----------+--------------------------+---------------------


- -

------------------------------

Date: Fri, 15 May 1998 09:51:39 -0700
From: DAVID SAGERS <[e-mail]>
Subject: YOU WILL PAY FOR THIS SOMEDAY (fwd) -Forwarded

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- ---------- Forwarded message ----------
Date: Fri, 15 May 1998 09:04:27 -0400
From: Patricia Neill <[e-mail]>
To: [e-mail], [e-mail]
Subject: YOU WILL PAY FOR THIS SOMEDAY

This certainly says it better than I ever could.
Patty
KTAN

YOU WILL PAY FOR THIS SOMEDAY
By Claire Wolfe

*Thursday, May 14, 1998; 4:05 p.m. EDT: BOISE, Idaho (AP) -- A federal
judge Thursday dismissed involuntary manslaughter charges against the FBI
sharpshooter who killed the wife of white separatist Randy Weaver during
the 1992 siege at Ruby Ridge, Idaho. U.S. District Judge Edward Lodge
accepted the Justice Department argument that Lon Horiuchi was acting in
the line of duty when he fired and was protected by the Supremacy Clause
of the U.S. Constitution, which keeps federal agents from state
prosecution for actions within the scope of their job.*

- -----

It is now a federal agent's "duty" to shoot nursing mothers in the face.

The argument, "I vass only following orders," which failed the Nazis so
righteously at Nuremberg is now enshrined in America.

Anything a federal agent does - as long as it can be stretched to be
considered within the scope of his job - is now above any state law,
anywhere in this land.

I just learned a few minutes ago that Horiuchi walked free. I may not be
entirely coherent expressing my loathing. He had only been charged with
involuntary manslaughter. *Involuntary* manslaughter, for god's sake! It
was a token charge. A slap on the wrist. Nothing but a gesture in the
direction of justice. It was the least, the very least, we had a right to
expect from even an unjust government.

Yet for Judge Edward Lodge, Janet Reno and the federal Justice
Department, it was too much. Allow one of their own to suffer any
consequence for his own actions? Never. Allow a mere rural county
government to imagine it could seek even token justice against an
aristocrat? Don't be absurd. We are the federal government. We are
Supreme.

Horiuchi ought to die. Ought at least to spend many years in prison,
thinking about what he did. Instead, he gets to go home and laugh with
his FBI buddies about how he got away with it. Just like they did at
Waco. Just like future assassins will, as long as they work for the FBI
or ATF or Marshals Service, IRS, Forest Service, HUD...or any of the
other government agencies that now arm their agents, operate SWAT teams
and play with military weapons.

I don't know whether an elite sniper like Mr. Lon Horiuchi hobnobs with
regular FBI troops. But I can picture Horiuchi hoisting a celebratory
beer with the agent seen in *Waco: The Rules of Engagement*, joking (Or
was it bragging?) about what a trained and powerful killer he is.

Nothing new, nothing new. There's nothing new in federal murder. Nothing
new in jackboot tactics. And they've been getting away with it all along,
so why should anyone be so outraged now? Just because one more
judge-member-of-the-club protects one more federal good ole boy?

Objectively, I'd say it's the use of the Constitution's supremacy clause
this way - to give carte blanche to any crime a federal employee cares to
commit. Even a casual reading of the Constitution - by an honest person,
that is - reveals that clause was never intended to turn federal agents
into a privileged class, exempt from all state punishment for crimes.

But that isn't it. There's nothing new in the Constitution being abused.
Nothing new in corrupt judges and twisted rulings. Nothing new in federal
arrogance. Nothing new.

For me it's more personal and more difficult to express.

I know that, for a lot of people in the freedom movement, it was Waco
that moved them beyond doubt and into irredeemable disgust. But for me,
the horrors of Waco have seemed so huge they've been an abstraction.
Unless I'm hearing tape of the little Davidian girl begging the BATF
sniper/negotiator not to come in and kill her...or unless I'm seeing
those very normal "religious nuts" on the videotapes they made of
themselves during the siege...unless I'm watching that terrible film...
my mind has never really been able to grasp, in any personal terms,
what happened at Waco.

But the moment I first saw the wavering, fuzzy footage of the Weaver
cabin on August 22, 1992, my heart tore out of my chest. My lungs
wouldn't hold any more air.

I can't even remember, at that point, whether they'd announced that
Sammy was dead. Certainly, they were still pretending they had no
intention of killing Vicki. (Only later would I see the documents and
hear the testimony that made it clear that getting rid of Vicki, one way
or another, was a top priority, since the government perceived her as
the strong, decision-making member of the Weaver family.)

All I remember is that little cabin in the woods and all the forces of
the federal government brought against one isolated family. They were
calling them white supremacists at that point. I didn't know whether it
was true or not; in any case, it wasn't a reason for 200...400?...agents
to descend upon one plywood cabin. It wasn't a reason. What was the
reason? That Randy was an "illegal gun dealer" as they put it then? Two
hundred agents? Four hundred? Tanks? Humvees? Helicopters? Against a
single family on a mountaintop? What was the reason?

And if these people, this family in the cabin, were so evil, so
dangerous, so depraved, so violent, why would hundreds of neighbors and
friends stand at barricades on their behalf for days? Why would women
cry for them? Why would men demand a halt?

All I knew, as I sat there in my own one-room cabin set in its own dark
and isolated woods, was that, wherever the truth lay, it didn't lay in
the mouths of the government spokesmen. Whatever was true or false about
*that* family up there, *everything* was false about those who sought to
destroy them.

Everything.

And everything was false. And everything is false. And so a murderer
walks free. And more murderers will walk free tomorrow. The same false
and arrogant government that murdered Vicki Weaver will murder again.

They don't realize how much better off they'd be if they allowed just a
few of their most public villains, like Horiuchi and the planners of the
Waco raid, to receive public wrist slaps. They don't realize that if we
saw even token agents receive token punishments, many of us would be
appeased. "See," we'd say, "justice is done. There's hope. The system
hasn't entirely failed yet."

But what can we say when, year after year, monsters walk free? They don't
realize that the need for justice doesn't go away, just because justice
goes away. They don't realize what a fury they turn loose in the land.

It's not *their* fury that will ultimately be the most terrible. Those
bureaucrats with guns don't have enough true, gut passion to be furious.
All they have is sadism, brutality and a cool, calculating will to power.

If rage could be measured in kilowatts or megatons, the rage of American
freedom lovers would be as powerful as a dozen atom bombs. Understand.
This power will go somewhere. It will drive the engine of our hope and
despair. It will. You will not murder and celebrate your murders this way
forever. You *will not*.

(c)1998 by Claire Wolfe



- -

------------------------------

Date: Fri, 15 May 1998 17:19:11 -0700
From: DAVID SAGERS <[e-mail]>
Subject: Horiuchi poll on the net (fwd) -Forwarded

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Subject: Horiuchi poll on the net (fwd)
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X-Comment: Anti-Gun-Ban list

On May 15, Rich Zellich wrote:

[-------------------- text of forwarded message follows --------------------]

http://www.newsindex.com has a poll running: Do you agree with the decision
to dismiss the charges against...[Horiuchi]?

   Current tally is 6.81% Yes
                   93.19% No

Good numbers!

- -Rich
[if you see this in time to vote, the poll dialogue is at the very bottom
 of the left-hand navigation frame]

[------------------------- end of forwarded message ------------------------]

- --
- ----------------------------------------------------------------------------
           *****       Blessings On Thee, Oh Israel!        *****
- ----------------+----------+--------------------------+---------------------
An _EFFECTIVE_  | Insured  | All matter is vibration. | Let he who hath no
weapon in every | by COLT; |         --   Max Plank   | weapon sell his
hand = Freedom  |   DIAL   | In the beginning was the | garment and buy a
on every side!  | 1911-A1. | word.   --   The Bible   | sword.--Jesus Christ
- ----------------+----------+--------------------------+---------------------


- -

------------------------------

Date: Fri, 15 May 1998 17:27:05 -0700
From: DAVID SAGERS <[e-mail]>
Subject: Rep. Key: concealed carry constitutionally allowed

http://www.tulsaworld.com/scripts/tulsaworld/tulsaworld.dll?VBEXE=C:\inetsrv\scripts\tulsaworld\tulsaworld.exe&DSPLY=Story&ID=980514_Ne_a15keyed

Key, Edmondson in gun battle

By Brian Ford World Capitol Bureau
5/15/98


OKLAHOMA CITY -- Rep. Charles Key's assertion that citizens are
constitutionally allowed to carry concealed firearms without a permit
sparked verbal fire Thursday between Key and Attorney General Drew
Edmondson.
``You are simply wrong,'' Edmondson said in a letter to Key.
Key responded that the letter makes Edmondson look like a ``horse's
ass.''
Key said he was asked Wednesday by a member of a gun owner group
whether citizens were allowed to carry concealed firearms without a
state license. He said Thursday that he believes the state's concealed
weapons permit law violates the Second Amendment of the U.S.
Constitution, which allows citizens to keep and bear arms. He said the
state permit law, which subjects applicants to a background check, does
not allow all citizens to legally carry firearms.
Responding to Key's statement, Edmondson wrote a letter advising Key,
``Don't take your guns to town.''
Edmondson said the Second Amendment ``has never been interpreted
by the Supreme Court to allow individuals, not members of a state
sanctioned militia, to carry firearms in contravention of state law.''
``Our law prohibits carrying a concealed weapon without obtaining a
license. . . . You are simply wrong,'' Edmondson continued.
Edmondson urged Key to heed his advice or seek a formal opinion on the
issue.
``If you carry a concealed weapon without a license, you are sub ject to
arrest and incarceration,'' Edmondson said. ``I will be releasing this letter
to prevent others from reading your comments and inadvertently violating
the law by relying on the credibility of your position.''
Key responded that Edmondson's letter was ``politically motivated.''
Key noted that a year ago he was called in by a multicounty grand jury
that was operated through the Attorney General's Office to answer
questions about his fund-raising activities for the Oklahoma City Bombing
Investigation Fund. The private fund is touted as helping to investigate the
April 19, 1995, bombing of the Alfred P. Murrah Federal Building that killed
168 people.
``They were willing to drag me and two other people publicly before a
grand jury when there was no basis in law for doing so,'' Key said.
``That is what he is doing with this letter right now.''
Edmondson said Key had violated state law by raising more than $10,000
in private donations and failing to report his organization to the state.
Edmondson said he issued the letter because Key made an ``incorrect
statement of the law and a dangerous statement -- it could get you
arrested.''
He likened Key's statement to a legislator saying the state speed limit has
been raised to 90 miles per hour when it fact it had not.
As for being likened to a portion of a horse's anatomy, Edmondson said,
``Normally I would not dignify name calling with a response, but I would
say this showed more intellectual content than a lot of Representative
Key's comments.''


- -

------------------------------

Date: Fri, 15 May 1998 19:20:32 -0700
From: DAVID SAGERS <[e-mail]>
Subject: Fwd: DRUDGE-REPORT-OCDE RED UPDATE 5/14/98 -Forwarded

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    ...just a quick heads-up for those who haven't seen it yet...

In a message dated 14-05-98 23:56:46 PM Eastern Daylight Time,
[e-mail] writes:

<< Subj:     DRUDGE-REPORT-OCDE RED UPDATE 5/14/98
 Date:    14-05-98 23:56:46 PM Eastern Daylight Time
 From:    [e-mail]
 Reply-to:    [e-mail]
 To:    [e-mail]

XXXXX DRUDGE REPORT CODE RED UPDATE XXXXX MAY 14 1998
XXXXX

22:57 ET  BY MATT DRUDGE

Democratic fund-raiser Johnny Chung has told federal investigators that
he funneled dollars from a Chinese military officer to the Democrats
during
President Clinton's 1996 re-election campaign, the NEW YORK TIMES is
set to report in Friday editions.  The exclusive report written by Jeff
Gerth took official Washington by storm late Thursday night.

"Chung's account, coupled with supporting documents such as bank
records, is the first direct evidence obtained by the Justice Department
that elements of the Chinese government made illegal contributions to the
Democratic
Party," reports Gerth.

As sneaked earlier this week in this space, Gerth has been building a
story that expands on his initial report of a possible illegal sale of U.S.
tech intelligence to the Chinese.

Gerth, who was described as completely exhausted late Thursday night
after filing the story, was assisted by the paper's Justice Department
hotshot
David Johnston and Don Van Natta.

The sound of Pulitzer has been ringing in the air all week at the TIMES
Washington bureau.

"It's the first in a series of reports that appears to as serious as anything
we've seen here," one story watcher told the DRUDGE REPORT.

Chung has told investigators, the paper reports, that a large part of the
$100,000 he gave to Democratic causes in the summer of '96 came "from
China's People's Liberation Army, through a Chinese lieutenant colonel
and aerospace executive whose father was Gen. Liu Huaqing."

Liu was then not only China's top military commander but also a member
of the top leadership of the Communist Party, reveals Gerth.

"It is not clear whether other Chinese officials or executives were
involved in the purported payments by Ms. Liu, or what her motivation or
the Chinese military's was."

"At the time, Clinton was making it easier for American communication
satellites to be launched by Chinese rockets, a key issue for the People's
Libertation Army and for Ms. Liu's company, which sells missiles for the
military and also has a space subsidiary."

Jim Kennedy, adviser to White House counsel, told the paper on
Thursday: "We had no knowledge about the source of Mr. Chung's
money or the background of his guest."

"The TIMES looks like it is exploiting the emotional atmosphere that has
developed around the state of China's military since India tested its
nuclear bombs earlier this week," a well-placed Democratic
congressional source told the DRUDGE REPORT.

The story runs thousands of words and is set above the fold on Page
One of
Friday's NEW YORK TIMES.

Developing...


XXXXX DRUDGE REPORT CODE RED XXXXX MAY 14 1998 XXXXX



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    ...just a quick heads-up for those who haven't seen it yet...

In a message dated 14-05-98 23:56:46 PM Eastern Daylight Time,
[e-mail] writes:

<< Subj:     DRUDGE-REPORT-OCDE RED UPDATE 5/14/98
 Date:    14-05-98 23:56:46 PM Eastern Daylight Time
 From:    [e-mail]
 Reply-to:    [e-mail]
 To:    [e-mail]

 XXXXX DRUDGE REPORT CODE RED UPDATE XXXXX MAY 14 1998 XXXXX

 22:57 ET  BY MATT DRUDGE

 Democratic fund-raiser Johnny Chung has told federal investigators that he
 funneled dollars from a Chinese military officer to the Democrats during
 President Clinton's 1996 re-election campaign, the NEW YORK TIMES is set to
 report in Friday editions.  The exclusive report written by Jeff Gerth took
 official Washington by storm late Thursday night.

 "Chung's account, coupled with supporting documents such as bank records, is
 the first direct evidence obtained by the Justice Department that elements
 of the Chinese government made illegal contributions to the Democratic
 Party," reports Gerth.

 As sneaked earlier this week in this space, Gerth has been building a story
 that expands on his initial report of a possible illegal sale of U.S. tech
 intelligence to the Chinese.

 Gerth, who was described as completely exhausted late Thursday night after
 filing the story, was assisted by the paper's Justice Department hotshot
 David Johnston and Don Van Natta.

 The sound of Pulitzer has been ringing in the air all week at the TIMES
 Washington bureau.

 "It's the first in a series of reports that appears to as serious as
 anything we've seen here," one story watcher told the DRUDGE REPORT.

 Chung has told investigators, the paper reports, that a large part of the
 $100,000 he gave to Democratic causes in the summer of '96 came "from
 China's People's Liberation Army, through a Chinese lieutenant colonel and
 aerospace executive whose father was Gen. Liu Huaqing."

 Liu was then not only China's top military commander but also a member of
 the top leadership of the Communist Party, reveals Gerth.

 "It is not clear whether other Chinese officials or executives were involved
 in the purported payments by Ms. Liu, or what her motivation or the Chinese
 military's was."

 "At the time, Clinton was making it easier for American communication
 satellites to be launched by Chinese rockets, a key issue for the People's
 Libertation Army and for Ms. Liu's company, which sells missiles for the
 military and also has a space subsidiary."

 Jim Kennedy, adviser to White House counsel, told the paper on Thursday: "We
 had no knowledge about the source of Mr. Chung's money or the background of
 his guest."

 "The TIMES looks like it is exploiting the emotional atmosphere that has
 developed around the state of China's military since India tested its
 nuclear bombs earlier this week," a well-placed Democratic congressional
 source told the DRUDGE REPORT.

 The story runs thousands of words and is set above the fold on Page One of
 Friday's NEW YORK TIMES.

 Developing...


 XXXXX DRUDGE REPORT CODE RED XXXXX MAY 14 1998 XXXXX



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XXXXX DRUDGE REPORT CODE RED UPDATE XXXXX MAY 14 1998 XXXXX

22:57 ET  BY MATT DRUDGE

Democratic fund-raiser Johnny Chung has told federal investigators that he
funneled dollars from a Chinese military officer to the Democrats during
President Clinton's 1996 re-election campaign, the NEW YORK TIMES is set to
report in Friday editions.  The exclusive report written by Jeff Gerth took
official Washington by storm late Thursday night.

"Chung's account, coupled with supporting documents such as bank records, is
the first direct evidence obtained by the Justice Department that elements
of the Chinese government made illegal contributions to the Democratic
Party," reports Gerth.

As sneaked earlier this week in this space, Gerth has been building a story
that expands on his initial report of a possible illegal sale of U.S. tech
intelligence to the Chinese.

Gerth, who was described as completely exhausted late Thursday night after
filing the story, was assisted by the paper's Justice Department hotshot
David Johnston and Don Van Natta.

The sound of Pulitzer has been ringing in the air all week at the TIMES
Washington bureau.

"It's the first in a series of reports that appears to as serious as
anything we've seen here," one story watcher told the DRUDGE REPORT.

Chung has told investigators, the paper reports, that a large part of the
$100,000 he gave to Democratic causes in the summer of '96 came "from
China's People's Liberation Army, through a Chinese lieutenant colonel and
aerospace executive whose father was Gen. Liu Huaqing."

Liu was then not only China's top military commander but also a member of
the top leadership of the Communist Party, reveals Gerth.

"It is not clear whether other Chinese officials or executives were involved
in the purported payments by Ms. Liu, or what her motivation or the Chinese
military's was."

"At the time, Clinton was making it easier for American communication
satellites to be launched by Chinese rockets, a key issue for the People's
Libertation Army and for Ms. Liu's company, which sells missiles for the
military and also has a space subsidiary."

Jim Kennedy, adviser to White House counsel, told the paper on Thursday: "We
had no knowledge about the source of Mr. Chung's money or the background of
his guest."

"The TIMES looks like it is exploiting the emotional atmosphere that has
developed around the state of China's military since India tested its
nuclear bombs earlier this week," a well-placed Democratic congressional
source told the DRUDGE REPORT.

The story runs thousands of words and is set above the fold on Page One of
Friday's NEW YORK TIMES.

Developing...


XXXXX DRUDGE REPORT CODE RED XXXXX MAY 14 1998 XXXXX



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Date: Fri, 15 May 1998 19:31:11 -0700
From: DAVID SAGERS <[e-mail]>
Subject: forwarded essay on Ruby Ridge -Forwarded

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Subject: forwarded essay on Ruby Ridge
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>Return-Path: <[e-mail]>
>From: John Wallace <[e-mail]>
>To: "'[e-mail]'" <[e-mail]>
>Subject: forwarded essay on Ruby Ridge
>Date: Fri, 15 May 1998 14:14:42 -0500
>Sender: [e-mail]
>Reply-To: [e-mail]
>
>Posted to texas-gun-owners by John Wallace <[e-mail]>
>------------------------------------------------------------------------
>I saw this on another list, and thought it was worth forwarding. I don't
>know the author personally, but I told him he should try to get this
>published in the mainstream press somewhere >>>>>>>
>
>
>"Just yesterday morning they let me know you were gone
> Suzanne, the plans they made put an end to you.
> Woke up this mornin' and I wrote down the song.
> Just can't remember who to send it to.
>
> O, I've seen fire and I've see rain.
> Seen sunny days, I thought would never end.
> Seen lonely times when I could not find a friend
> But I always thought that I'd see you again."
>        from "Fire and Rain" by James Taylor
>
>    It's not a girl, but the America of my youth.  It's not a song, but
>simply scattered thoughts.  Still, the feeling is the same emptiness,
>and I am at a loss as to where they might best be directed.
>
>    Vicki Weaver died in the doorway of an Idaho cabin.  Lon Horiuchi, an
>FBI HRT team member, launched the bullet that killed her.  Horiuchi's
>supervisors issued orders that can be called suspicious, at best.  No
>one disputes these facts.
>
>    The people of the United States understand and accept the law
>enforcement is a potentially dangerous occupation.  They understand that
>there are a lot of "crazies" out there who may or may not directly
>threaten the public and their law enforcement agents.  People understand
>that lethal force is sometimes necessary in defense of self or another
>life.  People also understand that when lethal force is used, there is
>the potential for accidental injury or death.  Law enforcement officers
>(along with others) have to make split second decisions in pressure
>packet moments.  When they do everything right, its "just part of the
>job."  When mistakes are made, by agents or their supervisors, then
>there is a lot of second guessing.  Sometimes such "mistakes" are mere
>accidents for which there is no criminal liability.  Sometimes the
>"mistakes" are negligent and subject to penalties of law.
>
>    When a questionable incident occurs, we have systems in place to deal
>with them.  In the America of my youth, I was told that each person was
>equal before the law-- that each person-- rich, poor, or in between;
>black, white, brown, yellow or red; liberal or conservative; male or
>female-- was equally responsible for their actions.  The key to this
>equality was a trial by a jury of one's peers.  They would examine the
>facts, if not the law, and determine whether or not actions were
>reasonable, or at least lawful or unlawful, according to the standards
>of our society. It seems that I was misinformed.
>
>    When the gunsmoke and heat of the moment cleared on Ruby Ridge, the
>judicial system went into operation.  Randy Weaver and Kevin Harris were
>tried for murder and a host of lesser charges.  A jury of their peers
>judged the facts of several years of law enforcement strategy, tactics
>and implementation, along with Weaver and Harris response.  After
>consideration of all that had been done, Weaver and Harris were
>acquitted of all charges, save one count of failing to respond to a
>summons.  Law enforcement was censured by the judge for abusing the
>system, including falsifying and withholding evidence.
>
>    The results of the trial caused a number of people to suspect that
>something was wrong.  The issue came before Congress who held televised
>hearings on "the incident at Ruby Ridge."  They came to the conclusion
>that something was terribly wrong.  FBI and ATF officials promised
>reform.  The Department of Justice settled a civil suit with the
>Weavers, paying $3.1 million dollars, without admitting fault.  So far,
>so good.
>
>    But Vicki Weaver is still dead.  Everyone seems to affirm that her
>death was a wrongful act.  Wrongful acts causing death are illegalities
>subject to criminal, not civil, penalties.  What crime was committed--
>murder, manslaughter, negligent homicide-- was a matter for the
>technicalites of the law.  Whether the actions were justified were
>issues to be determined by the facts of the case-- the job of the jury.
>Whether Lon Horiuchi was the guilty party or whether he acted reasonably
>in following what Congress called "unlawful rules of engagement" was an
>issue to be determined-- by a jury.
>
>    The calendar pages turned.  The Department of Justice refused to
>prosecute.  Finally, the case was settled at the Federal level with no
>criminal action perceived or prosecuted.  The People of the State of
>Idaho then took up the challenge.  A local prosecutor submitted facts to
>a Grand Jury.  They found cause to indict.  The matter would be brought
>to trial.  The facts were simple as stated above.  Vicki Weaver was
>dead.  Lon Horiuchi directly caused the death.  It happened in Idaho.
>No person is above the law.
>
>    And then we learn that we are wrong.  Some people are.  Federal agents
>"in the performance of their duties" are not subject to state laws.
>Such is an act of Congress.  There was a time when "federal agents" had
>no duty within the boundaries of a state, except to deliver the mail!
>Now we find an entire class of people not subject to state action--
>people exempted from the law.
>
>    Part of this makes sense.  Consider laws regulating the carrying of a
>concealed weapon.  There are a patchwork of such laws, differing in
>every state.  If FBI agents are required by their job descriptions to
>carry weapons, it would make no sense for them to be subject to arrest
>in states which did not allow weapons to be carried. (Whether such laws
>should be on the books is another discussion.) The intent of Congress'
>exemption from state law may be reasonable in some cases.  But a blanket
>exemption from all criminal law is another matter all together.  As a
>local police officer said, "Every federal agent thinks he's "f**king
>James Bond, with a license to kill.  If they do, there's not a d**ned
>thing we can do about it.  It's been that way for years."  The police
>know this, but its news to me, and I suspect, to most of the public."
>
>    Apparently the court actions in the Ruby Ridge case are exceptional
>only in the fact that the State of Idaho tried to take action in this
>wrongful death.  A federal judge moved the action from state court to a
>federal court where the charges were dropped.  Whether Horiuchi got off
>with murder (or manslaughter or negligent homicide) will never be
>determined.  He may have committed no crime in the eyes of the jury, but
>we will never know.  Horiuchi will live under a cloud of thwarted
>process for the rest of his life, and the citizens of this nation will
>be left living with the knowledge that there is no recourse for wrongs
>done to them by federal agents unless the federal government decides to
>punish its own.  Somehow the punishment often meted out in "days off,"
>letters of censure, demotions, transfers and forced retirements fall far
>short of "equality under the law." If anyone else was found guilty of
>taking a life, the penalties would be much more severe.
>
>    I am an amateur student of history.  I cannot help but recall the "long
>train of abuses" listed in the Declaration of Independence.  Some of
>them are recalled to mind as yesterday's decision was announced:
>"He (King George) has refused his assent to laws, the most wholesome and
>necessary for the public good.
>
>He has obstructed the administration of justice, by refusing to assent
>to laws for establishing judiciary powers.
>
>He has made judges dependent on his will alone for the tenure of their
>offices, and the amount and payment of their salaries.
>
>He has erected a multitude of new offices, and sent hither swarms of
>officers, to harass our people and eat out their substance.
>
>He has combined with others to subject us to a jurisdiction foreign to
>our constitutions, and unacknowledged by our laws; giving his assent to
>their acts of pretended legislation.
>
>For protecting them by a mock trial, from punishment for any murders
>which they should commit on the inhabitants of these states.
>
>For depriving us, in many cases of the benefit of trial by jury.
>
>For taking away our charters, abolishing our most valuable laws, and
>altering, fundamentally, the forms of our governments."
>
>    King George acted not alone.  Generally, Parliment and the king's
>judges acted with him in unison.  They acted under the color of English
>law.  It all looked official, but the colonist could look at the
>results.  They didn't like what they saw.  It didn't pass the "smell
>test," in spite of what they were told. The colonist were fed the line
>that they were "free Englishmen," but as they looked at their lives,
>they could see the limits on their freedom.  They were free to do the
>will of the King.  No regime enforces penalties for absolute obedience
>to the whims and wishes of the powers that be.
>
>    What we are discovering is that the States, which created the Federal
>government, have lost all illusions of sovereignty.  We live by the good
>will of the Federal government.  All power is now invested in the
>President, the Congress and the Supreme Court.  States are legally
>powerless, and citizens have no right to life, liberty and the pursuit
>of happiness apart from the whim and will of Federal officials. The
>people and the States who were to be a check against federal abuse are
>being systematically stripped of their power to effectively resist
>anything.
>
>    The reality is our not so secret agents have a license to kill. And
>there is nothing we can do about it short of revolt.  That revolt may
>come at the polls.  It may not come at all.  For the Founders of this
>nation, that day came, but we are different people and this is a
>different time.  We may be willing to accept such abuse in stride, check
>the stock market figures, weigh the benefits of life in this society
>against the uncertainties of change, and continue with the lives we
>live, but we will never be able to think of ourselves as free.  Perhaps
>we never were.  Maybe, the America of my youth never really was.
>Certainly, it is now gone, and it never had a chance to say goodbye.
>
>"Just yesterday morning, they let me know you were gone.
>America, the plans they made put and end to you.
>Woke up this morning and I wrote down these thoughts.
>Just can't remember who to send them to
>
>O, I've seen fire and I've seen rain
>Seen sunny days I thought would never end
>Seen lonely times when I could not find a friend
>But I always thought I'd see you again"
>
>Walter Lee
>
>
>--
>For help with Majordomo commands, send a message to
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>with the word help in the message body.
>
>


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