Monday, December 25, 2006

Hollis Wayne Fincher Defense Fund

Please pardon my frankness, but there is little time to say what is needed, and even less opportunity to be discreet or tactful.

Minutemen are revered in American History, and for good reason. When liberty and freedom sounded their call, the Minutemen responded.

Would they… will they today? That remains to be seen. You see… liberty and freedom are sounding a clarion call today and today’s Minutemen seem so distracted and so preoccupied with their duck, deer and squirrel hunting, they are not heeding, or even hearing the call.

First, up front, let me ask you some hard questions. Do you really believe your own rhetoric about Second Amendment rights? Or is that just so much chest pounding, bluff and bluster…? Are your Second Amendment constitutional beliefs founded in strength of conviction, or just the opportunity and excuse to spit, swagger and pretend to be macho?

A law abiding Arkansas citizen is being held in the Sebastian County Jail right now, for the “crime” of exercising his Second Amendment right to keep and bear arms – solely because he did not pay the prescribed tax for automatic firearms. His name is Hollis W. Fincher “Wayne” to his family and friends.

Just think about that for a minute… a tax… on a constitutional right? Where are the taxes on the free press? Free speech? Religion? The First Amendment rights are exempt, but not the Second…? Do Americans have to pay a tax to insure their right to a jury trial?

Wayne Fincher is an American patriot concerned over the seemingly unending erosion and diminishing of clearly defined and guaranteed constitutional rights. Especially Second Amendment rights. He has feared that if those trends were (are) not stopped, law abiding American citizens would fall victim to an increasingly tyrannous government and be arrested for exercising what are their rights. His strength of conviction caused him to act on those convictions. Given his current location and a repressive and undeserved $250,000.000 bail – Were his fears unfounded?

In 2004 the U.S. Attorney General’s Office properly recognized that “The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias.”

Hubert H. Humphrey (1911-1978) US Vice-President and US Senator (D-MN) properly recognized truly constitutional principle. "Certainly one of the chief guarantees of freedom under any government, no matter how popular and respected, is the right of citizens to keep and bear arms.... The right of citizens to bear arms is just one guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America but which historically has proven to be always possible."

Wayne understands what Humphrey and the Attorney General’s Office expressed along with what Thomas Jefferson and the others who gave us our Declaration of Independence and Constitution understood: "When governments fear the people, there is liberty. When the people fear the government, there is tyranny. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." – Thomas Jefferson

Folks, depriving Wayne or others of the ability to fight, as a last resort, tyranny at the hands of the U.S. government, infringing upon their right to keep and bear the arms necessary to do so, is a deliberate usurpation and trampling of constitutional Second Amendment protections.

Regular words fail to express what is going on here. Travesty, injustice, outrage… are just not enough. While appropriate, they fall short unless combined with words such as, usurpation, betrayal, corruption and yes, even treason.

Like myself, have you ever sworn the solemn oath to “protect and defend the (U.S.) Constitution against all enemies, both foreign and domestic”? Did you rescind or recant that oath? I have not.

When I ran as the 3rd Congressional District Independent candidate for the U.S. Congress in 2004, I campaigned frequently at gun shows and gun clubs. I emphasized the need for federal representation that actually believed in the U.S. Constitution and would fight to protect it against all enemies, including the homegrown domestic enemies so prevalent today in the Judiciary, Congress, federal law enforcement agencies and federal bureaucracies.

Folks, we don’t have that kind of representation today. If justice is going to be had in the case at hand, we the people are going to have to secure it. Our current representatives are only going to sit on their hands or at the very best, wring them.

Those that won our freedoms and liberties pledged their lives, their fortunes and their sacred honor to secure this nation. They were faithful and at tremendous cost, in blood and finances, this nation and our Constitution were born. Will we keep them…?

Wayne’s legal fight will likely be long and costly. Wayne and his family are already doing the heavy work… will we at least pick up the slack? What is this country… what is the Constitution worth to you?

For this time in American history, you were born. What will be recorded about your actions?

The Wayne Fincher Defense Fund
c/o Mr. Don Bright
2225 No. Mockingbird Ln,
Fayetteville, AR 72703

Want to help Wayne on a very personal level? Write him a letter of encouragement.

Hollis Wayne Fincher
c/o Sebastian County Jail
801 South A Street
Fort Smith, Arkansas 72901

I am praying that you will take meaningful action today… and also let as many others as you can know about Wayne’s case and how they can help.

Your servant,

Dale Morfey
7813 Yorktown Rd.
Fort Smith, AR 72903
479-452-7918

Remember: If your religion is wrong, you go to Hell. If your politics are wrong, your country goes to Hell.

Monday, December 18, 2006

Find Fincher - NOT GUILTY!

The recent illegal arrest and detention of Arkansas resident Hollis Fincher for possessing a fully automatic weapon should alarm all American citizens who believe the U.S. Constitution to still be theirs and in full force.

The Second Amendment states: “A well-regulated Militia being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.”

As recent as 2004 the U.S. Attorney General’s Office properly recognized that “The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias.”

Remember, ownership of such a weapon is NOT illegal today, as long as the owner pays the Federal Government the appropriate tax for such ownership. Which begs the question: Why must you pay a TAX to practice a Constitutional right? To secure their guarantees, are we to tolerate taxes on the First… Fourth, Fifth and other Amendments?

Mr. Fincher and I (and many others) fear a continued erosion of liberty, freedom and rights guaranteed by the Constitution. Unfounded fear? Visit Mr. Fincher in jail, if you can, and convince him his fears are unfounded.

Does Mr. Fincher and the people of the United States, short of taking up arms, have it within their power to effectively resist the ongoing assault on their Constitution by Congress, the Courts and the Executive? Absolutely! It’s called “trial by jury”.

Recognizing laws as being unjust and/or in violation of their Constitution, regardless of what anyone says (especially Federal Prosecutors and/or Judges) jury members have an absolute right to acquit anyone unjustly charged.

I just hope Mr. Fincher remembered to pay his jury trial tax…

Remember: If your religion is wrong, you go to Hell. If your politics are wrong, your country goes to Hell.

Saturday, December 09, 2006

Impeach Bush... and Congress

Contrary to the partisan drivel constantly being regurgitated by Democrats seeking only to make political “points”, there are legitimate and important reasons for impeaching President Bush. While there are several more aspects to be considered with his actual impeachment, I will confine these comments to the most pertinent, the undeclared wars in Afghanistan and Iraq.

War is something forced on you, because of being attacked, or something you are forced into, because of a credible threat against your peace.

President Bush should be impeached, NOT because of going to war (for in the minds of reasonable people he had ample reason to seek a wartime status), but because of how he got the United States involved in them, and how he has prosecuted those wars.

Article I, Section 8 of the U.S. Constitution specifically states that only Congress can declare war. Article II, Section 1 specifies, by oath or affirmation, that the President “…will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

It is critical and should be importantly noted that nowhere in the Constitution is there a provision for specifically enumerated responsibilities being reassigned or redesignated – they cannot be “legislated” away or procedurally changed.

According to the founders of the Constitution, the only legitimate way for a specifically enumerated constitutional responsibility to be changed, or even slightly modified, is by amending the Constitution. Anything short of that, places the offender(s) in conflict with the Constitution itself and, in the case of President Bush and Congress, the solemn oath to support, protect and defend the Constitution against all enemies, both foreign, and domestic. Those within the United States that circumvent, or seek to circumvent the Constitution, are, by their actions, domestic enemies of the Constitution. I give you President Bush. I give you Congress.

The issuance, and use, of unconstitutional authority constitutes impeachable offense.

Whatever President Bush’s perceived authority and motives may have been for getting the United States involved in war, it very simply cannot be found in the Constitution. Both he and Congress know that. Their offense is deliberate, calculated, not founded upon ignorance, but established in political arrogance. President Bush should be impeached… along with the majority of Congress.

The reason the Constitution requires Congress to declare war was, and is, multifaceted. Before you order citizens to into harms way, and the horrors of war, you must have a clear majority, if not the whole country, united. Before being asked to make the sacrifices necessary for waging successful war, the people, and the peoples’ representatives need to be educated on why a war is necessary and why it cannot, or should not, be avoided. Once that is established and the case for war has been won, a formal declaration of war should unite the whole of the country into winning, decisively, that war.

President Bush’s abuse of the Constitution in waging the current undeclared wars is exacerbated by his decision to then wage “politically correct” wars. Wars are not fought to “liberate” a portion of a country’s population and should not be waged for anything less than the total and complete unconditional surrender of a conquered enemy. Bush’s waging of politically correct war, not wanting to “offend” the international community, has, and continues to unnecessarily cost American lives and prolong any meaningful and lasting resolution to the wars in Afghanistan and Iraq.

Once decisively conquered, not “liberated”, the conquered people should be put under immediate martial law with no rights other than those allowed by the occupying American forces. Any acts of violence against American forces should be met with immediate, decisive and overwhelming response. Demonstrations of opposition to American occupation, any anti-American demonstration, should earn the demonstrators the designation of target.

Collateral damage is a reality and horror of war; one of those reasons that war is not entered into lightly, but should be recognized also as a necessity for a successful prosecution of war. Not in just winning the war and securing a lasting peace, but also a means to protect American troops. In war, a real war, the life of a single American soldier should be worth more than any amount of lives of the enemy.

Bestowing an American styled freedom and liberty upon a people(s) with totally different customs and values strains credulity and is foundational to President Bush’s error. After all, a people, for centuries not willing to fight to gain their own freedom and liberty, do we now expect them to deny their centuries old culture and heritage and successfully embrace a western style of society won for them and not by them?

Because President Bush has ignored and violated both the Constitution and his oath of office as President, he should be impeached.

Remember: If your religion is wrong, you go to Hell. If your politics are wrong, your country goes to Hell.

Sunday, December 03, 2006

Illegal arrest of Hollis Fincher

The deafening silence on the illegal arrest and detention of Hollis Fincher from elected officials who are sworn to uphold, protect and defend the Constitution can only be characterized as a cowardly breach of trust, and a violation of their solemn oaths of office. It is an outright shame when politicians avoid the necessary, important and needed controversy of important issues for the sake of political “safety”. John Boozman – just where do you stand? Do you REALLY support the Second Amendment rights of your constituency?

Both the U.S. and Arkansas Constitution unambiguously affirm the right of the American people to keep and bear arms.

The Second Amendment was provided to enable the American people to resist, if necessary, an American government turned tyrannous, not so they could merely hunt squirrels and ducks.

In 2004 the U.S. Attorney General’s Office properly recognized that The Second Amendment secures a right of individuals generally, not a right of States or a right restricted to persons serving in militias.” (emphasis added)

Hubert H. Humphrey (1911-1978) US Vice-President and US Senator (D-MN) properly recognized the same principle. "Certainly one of the chief guarantees of freedom under any government, no matter how popular and respected, is the right of citizens to keep and bear arms.... The right of citizens to bear arms is just one guarantee against arbitrary government, one more safeguard against the tyranny which now appears remote in America but which historically has proven to be always possible." (emphasis added)

Depriving Mr. Fincher or others of the ability to fight, as a last resort, tyranny at the hands of the U.S. government, infringing upon their right to keep and bear the arms necessary to do so, is a deliberate usurpation of constitutional protections.

At Mr. Fincher’s detention hearing in Fort Smith, ATF agent Vittitow and Federal Magistrate Beverly Jones were reportedly intimidated and fearful about Mr. Fincher’s alleged violent talk and writings. Contemplate the fate of Thomas Jefferson at the hands of Vittitow and Jones if, living today, Jefferson again wrote as he did in 1787 "What country can preserve its liberties, if its rulers are not warned from time to time that this people preserve the spirit of resistance? Let them take arms… The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants." (emphasis added)

Or what would be the fate of Patrick Henry when he said, "Guard with jealous attention the public liberty. Suspect every one who approaches that jewel. Unfortunately, nothing will preserve it but downright force. Whenever you give up that force, you are inevitably ruined."? (emphasis added)

Dismissing the inevitable hysterical hyperbole of the anti-gun/Second Amendment forces and by calmly examining and evaluating Mr. Fincher’s speech and writings, you will find Mr. Fincher exemplifies the spirit that founded and preserves our nation while Vittitow and Jones exemplify the tyranny by government most feared by the Founders.

"When governments fear the people, there is liberty. When the people fear the government, there is tyranny. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government." Thomas Jefferson (emphasis added)

In citing their unfounded, specious and apparent paranoiac fear of Mr. Fincher, Vittitow and Jones have shown their embrace of tyranny over liberty and the Constitution. Not unexpected from an agent of an unconstitutional federal agency, or a member of the federal judiciary.

Remember: If your religion is wrong, you go to Hell. If your politics are wrong, your country goes to Hell.