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BATF "investigator" didn?t know he?s a Militiaman

Josey1Josey1 Member Posts: 9,598 ✭✭
edited March 2002 in General Discussion
BATF "investigator" didn't know he's a MilitiamanBarry Bright - FreeKentucky.comMarch 3, 2002 In the midst of a hearing in which Kentucky State Militia Commander Charlie Puckett gained some measure of "freedom" until his trial, a BATF "agent" revealed his immense ignorance. Not only did the BATF "agent" portray his lack of real "investigation" into the Militia movement but the judge did as well. Neither of them knew that Militia service is conferred at both the federal and state level. "One of the highpoints of the hearing was when I asked the ATF officer if the people in the Militia have a skewed view of the way things are," said Puckett's attorney, Gatewood Galbraith. "Yes," was the "agent's" answer. Galbraith then asked him, if people in the Militia were to be "viewed with some suspicion." "Yes," was the "agent's" answer again. Then Galbraith asked him if people should look at him with some suspicion, and then informed him of his membership in the un-organized Militia and provided him with a copy of the U.S. Code that authorizes it. "He did not know that the U.S. code conveyed the status of member of the U.S. Militia," Galbraith said. "He looked at me in shock and said `I don't believe that.'" Galbraith then drove the point home. "I asked him, Who is more delusional, my client who takes his federally conferred status as a Militia member seriously, or you who in the face of the federal statute denies it?" At the end of the hearing the court quizzed Galbraith for 20 minutes on his own views of the Militia and the First Amendment. Galbraith had already warned the court that he was standing his ground on the issue of his client's Militia involvement. "Your honor I'm not going to let the term "Militia" be vilified in this court in any way shape or form," Galbraith told them. "It's an honored term, federally conferred and by state statute too." Galbraith was not surprised at what should be an astounding admission of ignorance by a Federal employee who is charged with enforcing the law. "I'm really glad it occurred," Galbraith said. "They're just untrained. The system is not going to educate these people." Also brought up in the hearing were statements allegedly made by Puckett that were posted on the official Kentucky State Militia website. "The court, the judge, specifically asked me about some of the statements Charlie allegedly made," Galbraith said. "Out of the 19 statements the ATF said was important to know, 10 came from others than Charlie." Apparently these "investigating officers" don't even do their own investigating. They depend on private non-governmental organizations to do it for them. "Several complaints about Charlie's statements came from a contact person in the ADL(Anti-Defamation League) Who apparently keeps the ATF posted on what is said on some of these call-in shows," Galbraith said. "Do you think the fact that eight ADL members were arrested on the West Coast drags down their integrity?" Galbraith then asked the judge. "Then the court said `You can't judge a whole organization by the actions of a few.' He realized what he'd just said. And realized that's why we were in that courtroom." Though former KSM member Steve Anderson's name was brought up in their investigation of Puckett several times he was not mentioned often in this hearing. "He was simply referred to as a person who had made threats," Galbraith said. Anderson is wanted by Federal and state law enforcement for firing on a Middlesboro, Kentucky police officer and other charges. People are not encouraged to "pack the courtroom" by Puckett's counsel. "A packed courtroom almost always tends to act against the interests of my client," Galbraith said. "My main focus here is protecting Charlie." Galbraith thinks that a trial can be won by educating the jury on the jurisdiction of the BATF and Federal Government in these matters. Pat Nash, another Lexington attorney with Federal Court experience is assisting the defense. "It's a different set of rules governing evidence, appeals, memorandums, and points of criminal law," Galbraith said. The defense intends to involve others as well. "I want an expert on evidence, to find out what prosecution evidence may be excluded by pretrial motion," Galbraith said. "I believe in the jury system and I believe that a jury can be educated about these issues." Help is needed from the "patriot" community, but not a physical "call to arms," at this point. "We can use help in fundraising, research. I would like to issue a civil call to arms on this," Galbraith said. "It's not time for any kind of a lock-and-load situation." Puckett has some restrictions involved with his $50,000 unsecured bond. He cannot have a computer with a modem, as one of charges against him was that some of the evidence stated his computer was used to send "threatening messages." He must turn off his caller I.D. service. All firearms must be removed from his land. He has to wear a tracking bracelet, and refrain from "criminal activity." He's also subject to being dropped in on by the probation department. Despite all this Galbraith is looking forward to working with Puckett. "Charlie's in great spirits. We look forward to getting together outside institutional circumstances. I feel like Charlie will be exonerated by a jury," Galbraith said. "The simple fact is that Charlie is a patriot and has no criminal intent." http://www.freekentucky.com/stryarch02/agent.htm

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    WyomingSwedeWyomingSwede Member Posts: 402 ✭✭✭
    edited November -1
    Some good points were made about the term "militia" and how it is perceived by the feds vs the general public. Good post.swede
    WyomingSwede
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    WEASEL-88WEASEL-88 Member Posts: 998 ✭✭✭✭
    edited November -1
    Gatewood Galbraith is well known in central Kentucky, he ran for a US House seat two years ago and has ran for Govenor, always defending our gun rights. Check him out he's a trip. www.gatewood.com
    Too Old To Fight,Too Lazy To Run![This message has been edited by WEASEL-88 (edited 03-05-2002).]
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