The Case of Martin Baschab

Who is Martin Baschab? In his own words:

I've known Hollis Wayne Fincher since the early 90's. I first spoke with Wayne when he appeared as a guest on the Tim Brooker talk radio program. Wayne and I became close friends over the years as I would attend Militia Musters, picnics, etc.

I arrived at my apartment on Kantz Street in Fayetteville Arkansas November 8th 2006 there were already agents inside my apartment. An agent immediately ran up stuck a machine gun in my face, I was cuffed hands behind back and put in the back of a Fayetteville police car as they continued searching my apt. After 30 minutes they opened the door took the cuffs off and stated I was not being arrested . Took me to the bedroom sat me on the bed as ask why I did not like Washington DC. I said "corruption". Asked me if I had a stamp for the four Sten submachineguns I replied "no". Took my picture walked out carrying my Stens, The Silver Bullet and The Militia of Wahington County Handbook. Since that day Agent Wade Vittow has wanted me to plead guilty to a felony with no jail time. I Martin Baschab do not make deals with cheats, murderers, robbers, manstealers , rapists, all the things the BATFE was and is to this day. I do not want the federal government reformed, I want it abolished because government cheats. Obey God , serve man, oppose Tyranny, yours in Freedom.

Here's the text from a certified letter with an "offer of voluntary surrender" Mr. Baschab sent the US Attorney in February:

Without acknowledging the jurisdiction of any court at this time, I am aware of certain policing tactics that place people in harm’s way. Rather than risk a fatal “accident”, I wish to make it a part of the record that I would prefer to do a voluntary surrender and if provided the date and time, I will be there to take care of whatever matters are necessary.

Bashing down doors, cruelty to animals, and any other form of excessive force is simply not required, nor necessary. It is my contention that I can prove that I am innocent, wherefore I look forward to doing so.

He also sent the following via certified mail to the Grand Jury Foreman in February:

Re: USDC Case # FA-06-44...

Please be informed that exculpatory evidence has been withheld from the Grand Jury in the above referenced case. I now have the exculpatory evidence in support of my offer of proof that I am innocent in the above referenced case. Absent the exculpatory evidence, the record in this matter is falsified by omission.

The Grand Jury has a duty to properly investigate and bring the real criminals to justice regardless of the type of clothing they wear or the titles they bear, since no one is above the law in this country, not former President Richard Nixon, nor former Louisiana Governor Edwin Edwards, nor former Texas Attorney General Dan Morales.

To be fair to all concerned it may be appropriate to have the U.S. Attorney testify before the Grand Jury under penalty of perjury as to certain facts and their relationship to the exculpatory evidence which has been withheld from the Grand Jury so that the U.S. Attorney would be properly prosecuted for perjury if he / she makes false statements or fails to provide the Grand Jury with all of the evidence including the exculpatory evidence.

I have witnesses, evidence, and testimony in an offer of proof that those parties responsible for withholding exculpatory evidence or acting as Grand Jury embracery agents are in violation of the law and must be indicted and prosecuted to the full extent of the law.

Federal Grand Juries across the country have been lied to by U.S. Attorneys and their assistants in order to harass certain innocent people. The members of this Grand Jury may find it appropriate to balance their investigations by also investigating the corruption of the American system of justice by U.S. Attorneys, said corruption having been reported upon by Bill Moushey in his Pittsburgh Post-Gazette report “Win at all costs”, available at: www.post-gazette.com/win/ and made a part hereof by reference.

Please set a hearing for me to present the exculpatory evidence to the Grand Jury and send me notice within ten (10) days as to the date, time, and place, whereby my exculpatory evidence will be made a permanent part of the record and the parties responsible for withholding the exculpatory evidence from the Grand Jury may be properly indicted.

If I do not hear from you within ten (10) days, I will be forced to assume that an embracery agent has impaired this mail, wherefore additional investigations will be required.

Below is the letter from US Attorney Robert C. Balfe:

April 23, 2007...

RE: United States v. Martin Baschab...

This office has received an investigative report from the Bureau of Alcohol, Tobacco and Firearms which indicates that you have been involved in violation of Possession of Machine Guns, in violation of Title 18 U.S.C. § 922(o). We have reviewed this report and have determined that there is sufficient evidence to warrant the initiation of criminal charges against you.

Ordinarily, this office would proceed by presenting the evidence to a Federal Grand Jury, and would ask that body to return an Indictment against you. If an Indictment were returned, you would then be required to appear in court pursuant to an arrest warrant or summons.

In an attempt to expedite proceedings, we are writing to advise you as to the status of this mailer and to suggest that you retain an attorney to represent you. If you are unable to afford an attorney, you may contact Debbie Maddox, Courtroom Deputy for U.S. Magistrate Judge James R. Marschewski, (479) 709-5445, and ask for the appointment of an attorney. After you have obtained an attorney, we request that your attorney contact the undersigned to discuss disposition of this case.

We will forego proceeding with this matter until the close of business May 4, 2007. If we have not been contacted by your attorney before that date, we will proceed to present this matter to a Grand Jury as soon as possible thereafter.

WarOnGuns will continue to watch this case for developments. I know some of you will question these legal tactics, including why he admitted anything to the agents. I still don't understand why he was not arrested and jailed on the spot following the raid. But one thing is clear: there are some folks in Arkansas who are defying Second Amendment infringements, and they will not bend. At the same time, the federal government is proceeding to prosecute them. As we've seen from the Fincher case, the courts refuse to allow a defense that challenges the law or invokes the Constitution, so any prosecutions will be based on a "yes" or "no" case of possession, which means redress from the judicial system simply will not be allowed to happen. I can't help but wonder when something's going to snap.

You can learn more about this case by contacting Mr. Baschab directly at:
carl_1martinATsbcglobal.net

I'm sending him a link to this post, so perhaps he'll be able to address any questions in the "Comments" section, below.