Border soldier guilty in Fed Court, case to appeal (Waco related?)

Radio Legendary ^ | October 1, 2015

[don-o]

Brownsville, TX – U.S. District Judge Andrew Hanen found former Cossacks Motorcycle Club Sergeant at Arms KC Massey of the III% Militia guilty yesterday, September 30, of being a felon in possession of a firearm.

It is a highly politicized and closely watched development in border disputes between the Obama Administration and certain states in deep conflict with current federal enforcement methods regarding illegal immigration.

For several months, he and other volunteer militiamen patrolled a brushy area of the Rio Grande in the Southmost neighborhood of this city located outside the border fence near the airport. It is a stretch of river ox-bows heavily trafficked by drug, money laundering and human trafficking smugglers.

Operating out of a headquarters at a tiny 21-acre riverside farm owned by Rusty Monsees, Massey and his band of at most a half dozen armed men tagged “Rusty’s Rangers” were on patrol at the Sabal Palms Sanctuary, a historic plantation operated by the Audobon Society as a bird preserve, when Border Patrol Agents at first gave their permission to escort them in their efforts to stop a mass crossing of illegal immigrants.

When John Foerster, a much younger man with long, flowing shoulder-length hair whose street name is “Jesus,” stepped out of the brush bearing an AK-47 clone rifle, he startled an agent who shot five rounds in his direction. Sheriff’s Officers were summoned, and when they said they could find no violation of the law because the men were on private property at the invitation of the caretaker, FBI and ATF agents conducted an investigation and learned that Massey had served time for burglary 28 years previously. Foerster has a record of burglary conviction much more recent. He elected to enter a plea of guilty.

Though Massey is not guilty of any offense against Texas law, the government decided to prosecute him as a felon under a statute of the U.S. Code that could net a 10-year prison sentence.

The argument of the Assistant U.S. Attorney is that the weapons he furnished to his men had been transported from outside state boundaries in international and interstate commerce, and thus a key element of the crime for which he was indicted involves the element of importing firearms to a state.

Massey and his attorney Louis Sirola decided to test that area of the law, and elected to stand a bench trial before Judge Hanen, a Baylor Law valedictorian and hard line conservative appointed by President George W. Bush.

He is the only judge out of all who are hearing suits brought by 28 states to enter an order staying the Obama Administration’s Executive Order that will allow emigration by aliens without legal status as political refugees and distressed children. Those cases are pending a government appeal of a ruling in the United States Fifth Circuit of Appeals at New Orleans that upheld Hanen’s order.

Observers who attended the trial said that Judge Hanen appeared somewhat apologetic when Massey confronted him about “You guys ___ing me up.” He explained that under the doctrine of stare decisis, which dictates that previous decisions in cases of the same circumstance hold precedent, he must follow the letter of the law in his finding of guilt, but that an appeals court would be authorized to take up his argument that the law as applied represents a misinterpretation by federal agents and prosecutors.

[Finny]

Again, I'm a statist because I don't immediately assume that what occurred was a police ambush on innocent people?

Not in my opinion. IMO, you're a gullible mark because you immediately assume that 117 Texas residents could be "biker criminals" worthy of arrest and being held on $1 million bail while having entirely clean records in the state of Texas, zero prior convictions, let alone arrests.

You may or may not be a statist, but you are most certainly a useful item for statists who approach law enforcement on a military model -- that is, fighting an "enemy" identified by insignia.

True lawmen fight crime by catching individuals of malicious intent who harm innocents.

Lawmen were absent at Twin Peaks on May 17. Instead, there were law enforcement officers -- badges -- pretending to be soldiers in a war against an "enemy" they can identify simply and easily by the equivalent of uniform.

Real law men work a little harder at identifying criminals.