United States vs. Fincher

The title link goes to a new blog that will keep us updated on the persecution of Hollis "Wayne" Fincher, a lieutenant commander of the Militia of Washington County, who was arrested by BATFU on Wednesday.

This is an important development in the renewed wars on guns and on We the People by our government. As such, every gun rights activist should be informed as to the particulars of the case, and, importantly, to its history.

I'm sure there will be no shortage of forum chat room warriors pompously declaring that Fincher is getting what he asked for by flouting the law in the local media. They will be wrong, and as shallow in their opinions as they are in their commitment to liberty.

If you read the exhaustively detailed "Silver Bullet" report, it will be evident who the real lawbreakers are. Note it is a commitment to get through the entire document and understand it, but we need to ask ourselves if we would rather be informed than lazy.

The Militia of Washington County has duly kept the authorities informed for many years, exercising their right to petition for peaceful redress and pleading for recognition of Constitutionally-guaranteed rights. In response, they been completely ignored by public servants criminally derelict in their duty to honor their oaths of office, and by the media, who the Militia has pleaded with to take notice of their demands for justice (which it has predictably failed to do, just as it failed to exercise its watchdog role at Waco):


I ask you to take notice that Fincher took great pains--for years--to document--and inform "authorities"--of the lawful nature of his activities. I also ask you to take notice of some important points in The Morning News account:

Fincher was arrested without incident at his residence...Fincher has no criminal record...

And now consider:

The investigation was conducted under Project Safe Neighborhoods, the U.S. Department of Justice initiative that combines federal, state and local resources to combat violent gun crime.

We can see who has committed the "violent gun crime" here.

One last point about "Project Safe Neighborhoods":

"The NRA and our over four million members fully support the Justice Department's Project Safe Neighborhoods," said National Rifle Association spokeswoman Kelly Whitley.

I happen to have personally known a man for years, an honorable patriot, a fine human being, and a colleague of Mr. Fincher's in the Militia of Washington County, and have been following this group's novel activism in defense of their (and our) rights for years. I'd like for the slick talkers in Fairfax to explain to me and to other gun owners--who actually believe that "the right of the people to keep and bear arms shall not be infringed"--how the persecution and removal of Mr. Fincher from society will make anyone's neighborhood safer.

People, make no mistake--this is naked tyranny unfolding before us. Our deserved fate as gun owners will depend largely on whether or not we sound the alarm and unify in a demand for justice for Wayne Fincher--or if we just ignore this, or even worse, blame the victim.

I'll follow the US v Fincher blog and report updates as I learn of them, including if help is solicited in Mr. Fincher's defense. In the mean time, I ask my fellow gun owners not to ignore this, and my fellow bloggers to spread the word.

[Via Locking Lug]

Wayne Fincher Contact and Support

From Wayne's daughter, Connie Fields:

TO ALL,

You can write to dad by using his new address.

Hollis Wayne Fincher
07863-010 (MUST HAVE THIS NUMBER WHEN SENDING HIM ANYTHING)
P.O. Box 9000
Forrest City, Arkansas
72336

If you want to send money(money order) the address is:

Federal Bureau of Prisons
Hollis Wayne Fincher
07863-010 (MUST
HAVE THIS NUMBER WHEN SENDING HIM ANYTHING)
P.O. Box 474701
Des Moines,
IA 50947-0001

All money must be sent to this address. The prison doesn't take any money.

Dad can have up to 25 pictures or less, 5 magazines, 5 paperback books.

NOTE: Inmates are allowed to receive magazines, soft cover books, greeting cards and photos( NO POLAROIDS). All hard cover books and newspapers must come directly from a publisher(BOOK STORE ETC.) Please note that any photos,magazines or books that show any form of nudity will be rejected by mail room staff.

When I know more I will let you know.

C.Fields

I note the "he got what he was asking for" folks are resurfacing in forums.

If every one of us did what Fincher did, there would be no more gun control laws in this country. Because we will not stand up en masse, any one of us who does will be cut down.

And Fincher did not just do this carelessly or casually, as implied. "The Silver Bullet" and other documents, as well as years of history corresponding with various public officials and the governor to notify them of their activities shows a thought-out strategy. The reason that strategy did not work is not because it was wrong in terms of founding intent and natural law, but because corrupted legal precedent is given more weight in our courts than unalienable rights--and We the People allow it through apathy, ignorance and fear.

Fincher's testimony was suppressed from the jury, as was mention of the Constitution, the 2nd Amendment...and they were instructed to obey the judge and accept his interpretation of his authority and the law.

It's true, I would not have put myself in harm's way the way he did--but that has more to do with my not trusting our "justice system" to deliver what its name promises than it does with any flaws in Fincher's legal reasoning.

Rather than belittle the fallen, we ought to be helping in his time of need. Because if we don't restore Wayne Fincher's vision of the Republic, it will be just a matter of time before we follow him to the dungeon or worse--unless we surrender not just ourselves, but our children.

[More about Wayne Fincher from WarOnGuns]

Fincher Court Documents

This page has been a regular link in our posts about Wayne Fincher, and has been included in the blogroll in the left margin. Paul W. Davis has been a true champion in this, both for Mr. Fincher, and for making this information available to all of us, and deserves our gratitude.

I'd like to call your attention to two documents and recommend you set aside several minutes to read them:

Fincher Trial Testimony: This is what the jury was not allowed to hear. Note how predatory Prosecutor Plumlee attempts to appear subtle in his ridicule and contempt. He comes off like a coward attacking a bound warrior. Fincher's knowledge and ability to articulate it make it clear who the better man is, and that his are words the court could not allow an impartial and open-minded jury to hear.

Judge Hendren's Jury Instructions: After suppressing Fincher's testimony and any references to the Constitution and Second Amendment from the jury, the judge establishes the "Duty of the Jury" (Instruction 2), mandating they "apply the law, as I give it to you," and citing "Authority: 8th Circuit Model Instruction 3.02."

Thing is, the "authority" admits it is only a guideline:

These are intended to be model, not mandatory...They are not intended to be treated as the only method of properly instructing a jury.

Yet this, in the eyes of those who would rule us, is enough to override centuries of legal precedent and tradition, and the clear intent and understanding of those who established our system of justice.

I'm disappointed no one in the Fincher case had the knowledge (or perhaps the courage to buck an obviously rigged system?) to vote "Not Guilty." I'd just say I wasn't convinced and leave it at that. Besides, how can such witnesses--who would speak against a man for exercising his unalienable right to keep and bear arms and, in many cases, violate their oaths of office--be considered "credible"?

We need to do a much better job of informing our countrymen of their rights, duties and AUTHORITY as jurors. Not being a lawyer, I don't know if a challenge to the verdict based on improper jury instructions would be "granted" standing in the federal courts, but I think it's worth at least looking in to.

Jury Seated in Fincher Trial--Judge "Flip Flops"

A jury has been seated for the trial of a Washington County man accused of illegally having three machine guns and a sawed-off shotgun.

Here's another account:

A five man, seven woman jury with two alternates was selected Wednesday in day one of the Wayne Fincher trial. Many Fincher supporters filed into the federal courtroom...all stood as Fincher entered.

While Defense attorney Oscar Stilley said he expects to show Fincher is completely not guilty of any of the charges...during his opening statements the Prosecution had two objections to mention of the militia and the second amendment...

The Prosecution brought an ATF Special Agent on the stand to discuss the firearms found in Fincher's home and property.

And finally, I got this very disturbing email from Paul W. Davis:

The Judge came in this morning and virtually reversed his ruling from yesterday. In addition to that, I distinctly heard him say (and the court record proves it) that the Second Amendment was an individual right in that he spoke about the Bill of Rights and stated that they were individual rights that were protected by the first 10 Amendments.

This morning he totally reversed himself and stated that the 2nd Amendment conferred a collective right. Oscar argued with that and referenced the 2004 USDOJ paper and we also have an official copy of the 1982 Senate Subcommittee report that states that it is an individual right. However, the judge only accepts recent circuit court rulings and no other authority is sufficient for evidence or proof. Oscar argued that point strenuously and the Judge didn't seem to care.

Right now, I sit at the defense table as I am assisting Oscar. It is also a good opportunity to visit with Wayne when the Judge demands that counsel meet him in chambers.

You need to post that we actually live in the Land Down Under, and our courts reflect it.

Mr. Davis adds he "will post the judge's ruling on the motion in Limine as soon as I have it and am able," and, of course, I'll link to that here.

[More about Wayne Fincher from WarOnGuns]

Fincher Update: Feds Invoke Thought Crimes

Calvin Turner didn't tell the Feds Hollis Fincher made machine guns. Turns out that's a crime.

Turner pleaded guilty in federal court Tuesday. He waived grand jury indictment and pleaded guilty to information from the U.S. Attorney's Office.

Turner is the first person other than Fincher to be charged in connection with Fincher and his militia buddies building and possessing machine guns.

According to court documents, Turner knew Fincher had made and possessed machine guns but he "did conceal the same and did not as soon as possible make known the same to some judge or other person in civil or military authority."

I know they can get you for lying to "authorities," even though "authorities" are free to lie like hell to "We the People," (you know, the legitimate Constitutional authorities), but I guess this is just another snare they can use against us homegrown terrorists. Boy, we get more like Stalinist Russia every day, don't we?

I emailed "authorized journalist" Ron Wood:

"Buddies"?

Seems pretty dismissive and disrespectful, either that or intended to convey hick imagery--or do you routinely use that word in other news stories describing friends, acquaintances and associates?

Notice he also tells his readers Fincher "didn't testify before the jury," but conveniently left out that he wasn't allowed to...

Sure glad we have a watchdog press out there guarding our rights against government abuses. Why, they make the need for bloggers almost redundant...

UPDATE: Reporter Wood responded to my inquiry:

I use it all the time.

Cool. But while I hate to be distrustful and all, I do find it curious that a search for the term "buddy" or "buddies" produces ony one hit in relation to his name on The Morning News site, and the same holds true for a Google search, whereas that search engine turns up multiple hits where he used the word "friend." Not to split hairs or anything...

[Via Paul W. Davis and Connie Fields]

Wayne Fincher Fires Lawyer

A Black Oak man can fire his lawyer, but will have to take whatever defense attorney the court appoints, a federal judge ruled Friday.

Hollis Wayne Fincher, 60, was convicted in January of possessing illegal, unregistered weapons, including machine guns and a sawed-off shotgun. A sentencing date has not been set.

Fincher asked U.S. District Judge Jimm Larry Hendren to appoint David Dunagin of Fort Smith as his attorney. Fincher fired Oscar Stilley of Fort Smith, who defended Fincher during his trial, citing irreconcilable differences between the two.

At this point, the only information I have is from the paper. If I can get some inside information that I'm free to share, I'll pass it on.

[More about Wayne Fincher via WarOnGuns]

Wayne Fincher Update: March 15

In unrelated proceedings, Stilley was dismissed last week as the defense attorney for Hollis Wayne Fincher, a Washington County resident convicted in January of possessing illegal, unregistered weapons. According to a report in The Morning News, Fincher cited irreconcilable differences with the attorney and requested another defender for the sentencing phase of his trial.

Stilley, who was privately retained, said he was permitted to go to the federal courthouse in Fayetteville to be formally dismissed. Fincher awaits a court-appointed defender.

Please note the new address for Wayne's defense fund, per his daughter:
The Wayne Fincher Defense Fund
PO BOX 215
Elkins Arkansas 72727

[More about Wayne Fincher via WarOnGuns]

Flurries in Hell

There has been some discussion over at Snowflakes in Hell, first concerning the Wayne Fincher case, and then about a letter to the judge that was posted here.

It may come as a surprise to everyone, but I find it hard to disagree with Sebastian's observations. Let me qualify what I mean.

I agree that the Fincher case is not the ideal one. If I thought getting arrested to make a Second Amendment claim was a winning strategy, I'd arrange it myself. You'll notice I haven't.

Be that as it may, Wayne Fincher is correct in principle and his prosecution is nothing short of an assault on all our freedoms--as well as a thinly-disguised warning from the Masters that they will countenance no deviation from their mandates. So while I would not have picked this case, the feds picked Mr. Fincher. The man is fighting for his life, and I can do no less than to support him in every way I can.

But here's where I depart from the Fincher critics-- there is no "right case." As I've observed before about SCOTUS and 2A:

They couldn't rule that 2A is an unalienable right, applicable to the states as well as the national government, that shall not be infringed, because that would erode the monopoly of power--and no "authority" gives that up unless forced to. And they dared not rule that there is no individual right, because that would provoke widespread defiance and disobedience that could well get out of hand.

My prediction (albeit it's more uncertain now that the Republicans have managed to give away both houses, and it looks like they're doing their best to lose the executive branch, so forget any change to the high court that doesn't move it to the left)--is the court will rule it an individual right, but so narrowly, and with such deference to "compelling state interest" and "reasonable restrictions" as to make very little difference in terms of hampering new legislation to outlaw "assault weapons" again, "close the gun show loophole," retain and share NICS data, etc., and of course, in terms of enforcing "existing gun laws."

As for Mr. Sawders' letter, again, I agree it would not be advisable to send such a missive if the goal was to persuade Judge Hendren to "do the right thing." What I reject is that anyone is capable of writing such a letter.

The judge has proven he is a creature who considers stare decisis the supreme law of the land. He will be guided on the sentencing by what the prosecution wants and what the guidelines and precedent say.

Now if the argument is such letters will make him mad and prompt him to levy an even harsher punishment, why, such a man who would punish a prisoner for the semntiments of a supporter would be a monster, not prone to reason or sympathy, and deserving of much more than strongly-worded correspondence.

There is no "right letter."

But what will such a harsh, accusatory letter accomplish? In my view, as a standalone, not a whole hell of a lot, except to give "civil authority" an indicator that they're crossing a line, and that people demanding their rights are seeing no recourse in "the legal system." In a way, such a letter does the judge a service by letting him know this in no uncertain terms, but, again, I would not argue that it won't make him dig in his heels, especially since it is not accompanied by probably more than a dozen other pleas.

The fault is ours. Gun owners could have their rights back today if we truly wanted them, but most don't, and those who do are so hopelessly outnumbered that the likely outcome of defiance is purposefully exemplified by the treatment of Wayne Fincher.

One last observation--a personal note to Sebastian concerning this admission:

I don'’t enjoy criticizing members of our own community, especially when I think their hearts are in the right place.

That's because you're a decent human being. But those of us out there offering our opinions need to expect that as a likely outcome, and when we believe someone is in error, we owe them, as well as those they influence, the benefit of our opposing views.

So again, it may surprise some to hear that admission coming from me. But I don't enjoy confronting someone whose heart is in the right place, either. Now the ones whose hearts are in the wrong place are another matter altogether...

Wayne Fincher Update: January 14

Washington County Militia Leader Convicted in Federal Court

Fincher's defense argued that the law under which he was charged is unconstitutional because it violates the 2nd Amendment's guarantee of citizens' rights to bear arms...Prosecutors told jurors the case was simple -- Fincher had the machine guns and they weren't registered as required.

"No, his defense didn't argue a thing--they were not allowed to by the judge. If your only source of news as "authorized journalists," this piece would make you think Wayne Fincher got a fair trial.

U.S. Constitution One Nail Closer To Burial

The results of this governmental abuse of power are the tragedies of an innocent man in jail, his family broken-hearted and the abusers celebrating their contrived victory.

This case truly has never been about the law, evidence and justice. If it had, Fincher would have remained a free man and would have been found not guilty by the jury.

Dale Morfrey shares some candid observations.

[More about Wayne Fincher via WarOnGuns]

Wayne Fincher Updates

The Wayne Fincher Defense Fund
This is the one I've been waiting for. My check will go out in today's mail to:

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

Also see:

Patriots MUST Stand for Wayne Fincher... (From the November 2006 Idaho Observer)

Are Questions Still Allowed?(By Barb McCutchen)

The Brutish BATF Struck Again... (By Joe McCutcheon)

US vs Fincher (Blog)

Wayne Fincher Posts (From WarOnGuns)

Wayne Fincher Update: January 13*

Fincher found guilty of having illegal weapons

Round one went to the government Friday...

Fincher's attorney, Oscar Stilley, vowed to appeal the verdict all the way to the U.S. Supreme Court.

Friends: Fincher No Danger

"Wayne helped form this militia, in part, to prove his constitutional right to do so," said Don Bright, a longtime friend of Fincher's. "This is not a violent man by any means, but what we're seeing here is a jury that didn't get to hear his side of the story."

Email from Paul W. Davis:

It has been another long day in Court, and again, not a pleasant one. I was very concerned when I saw the thrust of Oscar's summation last night. I prayed that he would not get cited for contempt, which was a very likely event given the drive to clamp down on anything that references the 2nd Amendment and the rights of Jurors.

Thus it was quite a blessing to see that the one objection the US Attorney had, the Judge overruled. It was plainly obvious that she did not like the argument Oscar made. However, the Judge allowed him to make it as the Jury Instructions were a directed verdict based upon the fact that Wayne never denied having the arms in question. Frankly, I'm surprised the Jury too as long as they did (almost 5 hours), if they followed the instructions given. Personally, if one followed the jury instructions, deliberations would have taken only as long as it takes to write "yes" twice on the forms. I am going to post the Jury Instructions, both as proposed, and as finally delivered. You will be shocked at what you see.

It was hard on Wayne's family, even though they were told last night to expect the worst. However, Wayne is not broken, and is determined to go on. When Oscar and I visited with Wayne prior to the jury returning from deliberations, he said it was worth it to expose the fraud that exists in the law, and how it is done in this country. Plainly, the Federal courts are corrupt, and are more interested in procedure and precedent, than in administering judgement and justice. This will be appealed.

However, there was one thing that happened today that disturbed me greatly. As Oscar and I walked back from lunch, he received a phone call in which it was brought to his attention that someone said that he should have done this or that, that he did or didn't do. Though I am not a lawyer, I am neither ignorant, nor stupid and I do know somewhat about the law. I can tell you that it is very hard to stand up there and get slammed to the carpet time and again and have the Judge angry at you repeatedly because you will not give up on pushing to get your arguments heard. Oscar was repeatedly called down by the Judge and told to essentially "shut up." Throughout this trial, Oscar has tried vigorously to get justice done, and was shut down at every turn. The Judge was not interested in the law, only procedure and precedent. In fact, if memory serves, the jury never actually read, or heard the text of either 18 USC 922(o) or 26 USC 5861. I believe the court record will bear out my recollection. Nonetheless, they were "able" to determine that Wayne had violated a law that they never knew exactly what the law said. Needless to say, before I left to go to court this morning I picked up my copy of Alexandr I. Solzhenitsyn's The Gulag Archipelago and took it with me to place on the table beside me.

All that being stated, I would that certain be careful about armchair quarterbacking as they were not there and not facing a totally hostile court. If Oscar told me once, he probably told me a good dozen times over the last four days that this is a tax case, meaning that they were playing dirty here just like in a tax case. However, I know that Oscar does not give up easily either (just like Wayne) and so he was not going to quit.

Now, that being stated as well, help would and will be greatly appreciated as Oscar was already busy and took the case because no one wanted to touch it, and he could not stand to see Wayne railroaded. At least now, we have a solid record of the proceedings and the things done had to be done in full view of the public.

Unfortunately, they found Wayne guilty on both counts. However, I know that good will come out of this. We now have to move forward to gather information about several things, not the least of which is information on all US Appellate court decisions that are firearms related.

[More About Wayne Fincher via WarOnGuns]

*Sorry-I originally mistakenly entered "January 14."

Letter from Wayne Fincher

From the Sebastian County Jail

[In response to AFV editor’s request, this is a day in the life of Hollis Wayne Fincher inside the Sebastian County jail.]

I am doing OK here in jail. It’s not where I want to be, but it’s where I am and I try to make the best of it.

The temperature is pretty constant, probably near 70 both day and night with a few warmer and cooler spots here and there, but no problem.

The light after 10 o’clock [PM] is subdued and about 6 o’clock [AM] it is turned on bright all day and is OK for reading or writing. About 7, we are let out of our cells for breakfast, which might be about a cupful of oatmeal or grits and a piece of bread, some gravy and a tablespoon of margarine, a half pint of milk and some about 50% strength coffee. We go back to our cells for a while and then may be let out for maybe an hour, more or less, and then back to our cells until dinner at about 12 [noon].

Dinner might be some macaroni or beans or peas or sometimes a hamburger (a bun, a piece of meat and a slice of cheese with a tablespoon of mustard) and a small dessert.

A typical dinner might be maybe a half cup of salad or chopped cabbage, some beans, some margarine, two slices of white bread and some kind of meat with a small tub of applesauce and some tea.

After dinner we are sent back to our cells until about 2 [PM] or so, then let out again for a half hour to over an hour and then back to our cells until supper at about 5 [PM] for 30-40 minutes, and then back to our cells until morning.

While the food varies from day to day, it remains pretty much the same. On a scale of 1 to 10, I would say that it is about a 5. It is not bad food, but there is nothing much to complement it for. The food is supposed to be 2000 calories a day, but some days, I doubt if it makes it. Some days it might be a little more.

The bedding is like the food – adequate, but no more; an wool army blanket, a bed sheet and a cotton mattress about 30 inches wide and about 3-1/2 inches thick. Showers are open every day and you can shower nearly every day with a bit of luck. Soap, a toothbrush, toothpaste and toilet paper are provided. Other supplies can be bought at the commissary. Every one complains about the prices. I only buy a few things; paper, stamps and a very few other things. I buy no food.

We can attend in house church a couple of times a week, sometimes more. I talk to other prisoners about their need for Jesus to save them. Some take heed and are willing to listen and some go to their cells and pray. I have a Bible. Most anyone who wants a Bible can get one with out much trouble.

It is somewhat unpredictable using the phone. There are three phones for about 50 prisoners. The phones are open at meal times and the timeout of our cells, but it is a real hassle to use one with any regularity or dependability. In the visitation rooms the noise makes coherent conversation nearly impossible to take care of family needs and the 15 minute time limit is a contemptible mockery of compassion for the families of prisoners who sometimes have to travel quite a distance from home to visit their loved ones.

To sum it up, the jail is designed to provide a place to hold prisoners at the least amount of cost to the county, at the lowest acceptable level under the law.

Dear Loretta, I saw Linda for a few minutes today and she said things were looking very good, but could not elaborate.

Loretta, you and Paul and Teresa Dramer and many others are the light that shines into the darkness of tyranny.

I pray that God blesses you all and please continue to pray for me.

Yours in Jesus Christ our Lord
Wayne Fincher

Source: American Family Voice news, P. O. Box 127, Russellville, AR 72811; 479-880-2026; americanfamilyvoiceATyahooDOTcom; Subscriptions: $25/yr

Fincher's "crime," of course, is for (allegedly) exercising an individual right to keep and bear arms.

The text below is from a recent appeal written by Dale Morfey of Fort Smith, AR:

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.

[Via Joe & Barb McCutchen]

More from WarOnGuns

Appeal for Information in Fincher Case

Fellow 2nd Amendment advocates:

I am filing a petition for writ of certiorari in the Fincher case pro bono publico. The only hope I think we have of getting the writ granted is a strong showing that the holding of DC v. Heller is being ignored, or, at best, treated with a complete lack of seriousness by the nation's inferior federal courts.

Stewart Rhodes has been capably assisting me on the case, but, I learned tonight, he has run into an unfortunate family emergency which prevents him from doing all the legal research he would like to for Mr. Fincher. This puts me me in a time-crunch, given all the detailed preparation a petition necessarily entails. Hence I reach out to you. If you know or have heard of any cases which might fit my bill, would you please be kind enough to reference them to me?

Any help you could give would be greatly appreciated. On my own behalf, and that of Mr. Fincher, many, many thanks for any help you might offer.

Quentin M. Rhoades, Esq.

If you know of any cases that match what Mr. Rhoades is looking for, he can be reached at qmrATmontanalawyerDOTcom.

[Wayne Fincher case reporting at WarOnGuns]

Wayne Fincher Update: Case Submitted to SCOTUS

On Friday, 19 December 2008, a Writ of Certiorari was submitted to the U.S. Supreme Court in the matter of U.S. v. Hollis Wayne Fincher. The Writ asks the Court two fundamental questions...[More]

I understand there is no shortage of those not only willing to throw Fincher under the bus, but are actually resentful that he will hurt us all.

Nothing his critics propose will change the law regarding machineguns. They are the first ones who caution against even discussing it up, because the time is not right.

When such time will be right isn't even a matter of speculation, because we all know that time will be "never." We won't change federal law on this through majority rule, and the Supreme Court has created the circular room of "common use" and told us to relieve ourselves in the corner.

We can argue about the merits and the wisdom of Fincher's case until the cows come home, but that doesn't change a few inconvenient truths: He's fighting for his life. Those who want him not to are literally wanting him to roll over and give up for their sake.

The real outrrage is that the Second Amendment has been denied by those in power, and the Constitution has been ruled inadmissable in court.

For me, at this point, here's all that matters: A good man is in big trouble. My conscience demands I do what I can to help him. Besides, I'd just as soon know that the answer is an unequivocal "No," as opposed to continuing to delude myself that the path that led us to the Obama administration is the one that leads to "shall not be infringed"--or can't I make that reference without ridicule either?

[More on the Wayne Fincher case]

BREAKING NEWS: WAYNE FINCHER IMPRISONED

"We Cried all the Way to Prison"

From his daughter, Connie Fields:

Just to let you know that we got dad to prison on time. I never knew how hard something like this could be. We left at 3:00 a.m. this morning and we told stories, took pictures, ate breakfast and had a good time. We went for lunch and it started getting harder because you knew what was coming next. We cried all the way to the prison. It is not right to take a man like my dad to prison. You cannot imagine how we felt at that moment when we had to turn him over and know that he couldn't come back home with us. We all hugged him several times then watched as they took him away. He kept waving at us till they shut they door. He his in the Minimum Security at Forrest City, Arkansas which is very good. It may be a week or so before we hear from him. Will let you know as soon as we do.

Please remember him and us in your prayers. Thanks for all the prayers and all the help everyone has giving. Thank you from the family of HollisWayne Fincher.

I'll have more on this later. For right now, there is a defense fund set up for his appeal. As WarOnGuns regulars know, I never ask for any contributions for myself, and never ask anyone to contribute to any cause I don't also pony up for. Here's Connie's follow-up email:

As you know or may not know we have new lawyers that are doing the appeal. They have offered they services for PRO BONO. The only thing is that we have to pay for traveling fees and filing fees transcript fees etc.

We have set up an account at Arvest Banks that you can deposit money into the account. If you electronic deposit or wire money the account the information is routing number 082900872 account number is 0037421461. If you deposit at the Arvest bank the account is under Connie Fields H.W. Fincher Fund Account. Account Number 0037421461.

If you want to send money by mail send to Connie Fields H.W.FINCHER FUND ACCOUNT P.O. BOX 215 ELKINS ARKANSAS 72727.

This Money is for the attorneys. The main attorney is from Montana, his name is Quentin Rhoades and the other attorney's name is Stewart Rhodes and he is from Las Vegas, Nevada. These lawyers we feel are very qualified to handle this case. I know that people have given to this cause before and we thank you but, now we need your help again. This appeal is going to cost approximately $5000.00 just to go to St. Louis, if this goes to the Supreme court approximately another $10,000.00. Please help any way you can to keep your Second Amendment Rights and FREE WAYNE. Thank You very much from the family of Hollis Wayne Fincher.

I can't speak for anyone but myself. My check is going out in this afternoon's mail.

Wayne Fincher Update: May 21

To all,

Wayne is doing o.k. The letters that everyone has being sending are having an effect so please, please keep writing letters for personal support for Wayne. Pass it along to everyone you know. Keep Hollis Wayne Fincher alive. The sentencing will be held at the Federal Court House on June 22nd, 2007 at 10:00 A.M. Support is needed at this time. We should not let the court benches be empty on this day. Hollis Wayne Fincher would be in court for you backing you all the way if you we're innocent too. Please send letters to the Judge Larry Jimm Hendren, to Wayne's lawyer Shannon L. Blatt at P.O. Box 1825 Fort Smith, Arkansas 72902-1825 and Hollis Wayne Fincher's mailing address is 801 S. "A" Street Fort Smith, Arkansas 72901

We appreciate all the letters and support that everyone has given. Please keep praying for Wayne as we continue to exhaust every avenue that we can. Please tell everyone you know.

Sincerely,
Connie Fields

[More about Wayne Fincher from WarOnGuns]

Fincher District Court Docket Updates

Click on title link to access the updated docket for Wayne Fincher.

And to repeat information we've posted here before:

To support Wayne and your Second Amendment rights please send checks to:

The Wayne Fincher Defense Fund
P.O. Box 215
Elkins Arkansas 72727

You may write Wayne at the following address:

Hollis Wayne Fincher
07863-010
P.O. Box 9000
Forrest City, Arkansas 72336

PLEASE NOTE: You must include the number below his name anytime you send anything. If you do not, it will be rejected.

If you want to send money (money orders only) the address is as follows:

Federal Bureau of Prisons
Hollis Wayne Fincher
07863-010
P.O. Box 474701
Des Monies, IA 50947-0001

All money must be sent to the above address. The Forrest City facility does not accept money.

If you wish to send items, books, pictures, etc., please adhere to the following rules:

Inmates are allowed up to 25 pictures, 5 magazines, 5 paperback books. NOTE: Inmates are allowed to receive magazines, soft cover books, greeting cards and photos (NO POLAROIDS). All hard cover books and newspapers must come directly from a publisher (BOOK STORE, ETC.). Please note that any photos, magazines or books that show any form of nudity will be rejected by mail room staff (Wayne would not accept them anyway).

[Via Paul W. Davis]

Wayne Fincher Update: January 7

Email from Wayne's Daughter (via Joe & Barb McCutcheon):

We went [to see] dad this morning. He is weak but feeling better. They took him to the hospital last night. He is back in jail this morning. He is in good spirits. Mr. Stilley was there to see him also. The inmates are helping him out by giving him extra food. He has lost about 40 pounds. He says not to worry about him. He is ready to go to trial. I will be sending a letter that an inmate wrote as soon as I get it typed up. Thanks to everyone for all the help and prayers that you have giving us and dad. We been putting signs up everywhere but someone or somebody is taking them down. We are going to put up more. Also the court day is for Tuesday Jan.9th. Everything has been crazy around here this week sorry it has taking me so long to get news to everyone. Thanks. Connie Fields

Testimonial from an Inmate (via Connie Fields):

Mr. Hollis Wayne Fincher,

I've spent a lot of times in hospital,jails,and multiple prisons around the United States. A career criminal if you would. I've never met a Greater and most Wonderful man in my life- my own father included. Mr. Fincher has had a profound effect in my life. He has taught me about God & Country. I feel like this man has been treated so unjust by this goverment. The very thing Mr. Fincher loves most. Never has a man in my life either on T.V.,Radio, Teacher, College Professor, Preacher or other ever had such a profround effect in my life. I will always cherish his friendship in my heart. I pray that someday we are able to meet on different grounds under much freer circumstances. I know that God has His hand on your sir. The men in BB Pod (BAD BOYS POD),are all in agreement that you are the best man in the Pod. With the Utmost respect we thank you for your presence. A real blessing from God.

Respectfully,

An inmate in Sebastian County Jail

Fincher Letter Transcribed: This is the letter Wayne wrote to me--I posted it as an image file (courtesy of and gratitude to Hairy Hobbit)

[More from WarOnGuns]

Guest Opinion: And Once Again

An Open Letter to Rep. Mike Ross
by Charles H. Sawders ("Straightarrow")

(Second letter to Ross on issue.)

Congressman Ross, I once again send you this letter I mailed via electronic communication and hard copy mail to Federal Judge Jimm Larry Hendren in Jan of 2007. It is still an appropriate judgment of the man's character and disloyalty to the nation and its laws.

The particulars of the case involve Wayne Hollis Fincher and the illegal possession of a machine gun. My personal thoughts on the appropriateness of the law under which he was charged and convicted are not the issue here. Nor is my obvious contempt for Hendren.

I do not, as a practical matter, believe Fincher would have been acquitted, but I know for damn sure a sitting judge has no business "fixing" a trial. Which Jimm Larry Hendren did.

Please read the letter, pay attention to the factual actions of Hendren, and if you must, ignore my sentiments regarding this traitor to the nation and the law. Then please initiate impeachment proceedings against him.

Also, please avoid having the same staffer contact me as did last time. I do not know whether she is dishonest or ignorant, but she did her best to convince me there was no mechanism for such action. Which is, on its face, false.

Here is the letter:

20 Jan 07
U.S. District Judge Jimm Larry Hendren
United States District Court for the Western District of Arkansas

Sir:

As an American citizen who is deeply concerned about the state of liberty and the lack of rule of law in this land I have been following the Fincher case. This nation was wrested away from a ruling elite that ruled by whim and the myth of moral superiority of the highborn. Because of the reasons for our departure from our mother country we established the rule of law, not whim. Those rules reserved and guaranteed rights embodied in the Supreme Law of the Land , The Constitution of the United States of America. Government was guaranteed no rights in that document, but were granted certain powers in order that the state be able to honor its duty to the citizen in protecting the reserved and guaranteed rights bestowed by Nature and Nature's God upon the citizen.

Therefore, when I read that you had stated in public, on the record, that the Second Amendment guaranteed an individual right and not a collective right, I was pleased beyond measure. I thought to myself, "Finally an honest sitting judge, who will rule based on law." That thought did not sustain me long. For the very next day, after your meeting with representatives of the prosecution, you reversed yourself. Which brings me to some questions for later in this missive.

I know you did not attend and graduate law school without ever learning that the Constitution of the United States of America was and is the Supreme Law of the Land. Further, I contend that you could not have graduated law school without ever learning that the jury is charged with judging not only the facts of a case, but also the law under which charges are brought. Were you to try to deny having ever learned that, your already suspect integrity would be revealed by its absence.

I can believe that you graduated law school and never learned that the courtroom belongs to the jury, not the judge, not the state, not the prosecutor and not the defense. The jury owns the courtroom, they are the highest power in that room, at all times. As stated previously, I can believe you graduated without that ever being revealed to you by your instructors. Such is the nature of arrogance in many that attain offices of honor. Many believe that they are imbued with a moral and universal superiority that places them above others and often simply ignore the truth if it does not please them. The fallacy of the judge owning the courtroom is one such manifestation of this arrogance. So while I can believe you were never taught that in law school, simply because the fiction of a judge owning the courtroom must be protected if the abuse of juries and the jury system is to be sustained, I cannot understand how you were able to study law and the history of the law and not discover the truth on your own. I suspect that it is an ignorance of convenience on your part.

The judge is a referee. His job is to keep the proceedings fair and in the bounds of the law. The judge has a duty not to be an advocate. A duty you have miserably failed in Fincher.

It has been ruled and upheld many times that a judge is not required to inform a jury of its duty and right to judge the suitability of the law under the Constitution. While it may not be legally required of him, it is certainly a moral obligation if justice is to prevail in our nation. When a judge declines to apprise a jury of its entire duty, but deigns to apprise it partially of its duty, he has become an advocate, and has shown his disrespect for justice.

I could cite cases and rulings that uphold everything I have stated above. I could cite quotations and writings of founders and jurists who have stated in eloquent terms the principles you have violated. I could do that, but I believe it would be pointless. I do not believe I have engaged an honest and principled man who has a different point of view, or who only needs to see the proofs that he has ruled wrongly, to set his path aright. I believe I am addressing a man who already knows all the things I have addressed here. I believe that man knew he was wrong when he disallowed the jury in Fincher to hear what the law, especially the Supreme Law of the Land, had to say, before directing the jury to a guilty verdict.

So here are the questions for you I mentioned above.

What was your price? What was offered you in that meeting with representatives of the prosecution that seems to have caused a complete reversal of what you had stated only the day before? Was it reward? Was it threat if you did not cooperate?

To sum it up in one question, "What price treason?"

Absolutely sincerely,

Charles H. Sawders
Doddridge, Arkansas

Fincher Oral Arguments Audio File

1. Go here:
http://www.ca8.uscourts.gov/oralargs/oa_Bypa.html

2. Enter "Fincher" in "Last Name" field. Click "Search."


3. Click "Play" for Hollis Wayne Fincher.


We'll see if an upcoming ruling in Heller changes the whole paradigm of this case. Naturally, the government is arguing it won't.

Hopefully, my sources can explain Fincher attorney Quentin Rhoades' repeated use of the word "privilege" when speaking about RKBA. It may just be a necessary tactical legal deference to existing precedent in that circuit, but I nonetheless found it disturbing.

[Via Stewart Rhodes and Paul W. Davis]