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Flash: Burns assault to begin at 4 am

Bobby Powell, conspiracy writer and Anton LaVey look-alike, has put out an alert received by me in email:

URGENT!!! I just got received a phone call from a friend in the FBI, who is a Patriot III%er. He says that 200+ armored vehicles are in Burns now, and the occupiers have until 4 am Pacific time on 1/27/16 to vacate the Refuge before an assault begins.

My source says the peaceful occupiers have to get on Highway 20 and go to Burns before the 4am deadline and they will be granted safe passage. Anyone remaining in the Refuge after 4am local time will be considered an "enemy combatant," and they will be subject to the same type of murder the Feds carried out on LaVoy Finicum yesterday evening.

PLEASE SHARE THIS, and help me Save LIVES!!!

The email arrived at 7:58 am this morning Eastern Time, about one hour after the assault supposedly was to start. That’s not much of a warning! Ammon and Ryan Bundy and six others were arrested yesterday afternoon according to Oregon Public Broadcasting. LaVoy Finicum was the person killed in an exchange of gunfire at the wildlife refuge yesterday. Ryan Bundy was also injured. The assault this morning apparently didn’t happen.

It caught my attention because I didn’t know the name of the nearby town was Burns, also the name of the local high school.

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38 Responses to Flash: Burns assault to begin at 4 am

  1. avatar
    CRJ January 28, 2016 at 10:34 am #

    THIS IS SAD. FROM THE Statement from one of his daughters it is learned that in a Peace Envoy to negotiate an Ambush by Federal Agents took Place over 120 Shots fired at the car with Women in it:

    Thara Tenney Eagle Mountain, UT ·
    “I want the world to know how my father was murdered today. His hands were in the air and he was shot in the face by the American authorities. Ammon Bundy reported there are 6 witnesses to this evil.”

    https://m.youtube.com/watch?v=2wA18O_6dgw

    A closed for the winter bird refuge is not worth the FBI spilling American blood. There are better ways to handle things like this other than deadly force. It’s also simply leveled the trust factor between parties in negotiations. It’s just not a proud moment of Obama’s Usurpation and take over of the White House by Tyranical Bullying Fraud.

    This is galvanizing and intensifying the perception of Obama against the People. He negotiates with Iran for years but kills Americans after 30 days?

  2. avatar
    CRJ January 28, 2016 at 11:00 am #

    Perhap, a better way to handle this would have been to temporarily place the occupiers in the duty of watching the bird refuge in the winter and sending them a paycheck for the service under the National Parks and Recreation Service Budget.

    This is a good article about the mixed reports polluted in the Media we are hearing this morning. You know I’ve never heard of a routine traffic stop that happened to have 20 snipers right there at the same time.( ?)

    Lies, lies, lies.. What level is our Government sinking to? What a new low level of state propaganda media the MSM is sinking to? I’m so saddened by these developements. We have so much available besides the deadly force of guns used in [OFFENSE] rather than defense.

    Thanks Doc for this Post. We may have disagreements but I sincerely believe we are on the same page in exhausting civil remedies and working hard to resolve disagreements.

    DECEPTION, AMBUSH and MURDER
    http://www.freecapitalist.com/2016/01/27/the-ambush-and-murder-of-robert-lavoy-finicum/

    The TRUST of The People when damaged like this is so hard to Repair.

  3. avatar
    Lupin January 28, 2016 at 11:14 am #

    @ CRJ

    I would find your newfound concern more credible if you had, prior to this, manifested any interest in protesting the 1100+ people killed by American police during 2015, a sizable % of which were African-Americans.

  4. avatar
    Rickey January 28, 2016 at 11:14 am #

    CRJ:
    Perhap, a better way to handle this would have been to temporarily place the occupiers in the duty of watching the bird refuge in the winter and sending them a paycheck for the service under the National Parks and RecreationService Budget.

    Of the many dumb things you have said on this blog, that may be the dumbest. Your suggestion is to reward lawbreakers by paying them to illegally occupy government property? I suppose that may make sense coming from you, who knows a thing or two about being a lawbreaker.

  5. avatar
    Rickey January 28, 2016 at 11:18 am #

    Lupin:
    @ CRJ

    I would find your newfound concern more credible if you had, prior to this, manifested any interest in protesting the 1100+ people killed by American police during 2015, a sizable % of which were African-Americans.

    And we still don’t know the facts surrounding the shooting, which doesn’t keep CRJ from making up his mind. Why should he let facts get in the way of his preconceived notions?

    There apparently is video of the shooting, which should clarify if it was justified.

  6. avatar
    CRJ January 28, 2016 at 11:23 am #

    The tendency I’ve witnessed among Politicians and Pundits in the very important pillars of TRUST that factor greatly in our Liberties and Freedoms lately is one of self annihilation.

    For all the admiration of high profile Democrats like Hillary Clinton who fired back about the progressive change she’s protested for her whole life in the recent Town Hall Meeting broadcast by CNN, where are the great characteristics employed in our Government and Politicians we so admired in President Lincoln today?

    President Abraham Lincoln
    ~Do I not destroy my enemies when I make them my friends?~

    Should we not try harder and strive harder for solutionable agreements amongst ourselves more so than with Foreigners?

  7. avatar
    CRJ January 28, 2016 at 11:37 am #

    Rickey: Lupin:
    @ CRJ

    I would find your newfound concern more credible if you had, prior to this, manifested any interest in protesting the 1100+ people killed by American police during 2015, a sizable % of which were African-Americans.

    The cause of Justice I have fought for and suffered are those suffered by African-Americans.

    I see no difference in the [denial] of access to Justice for instance in #SCOTUS 14-9396 Motion for Forma Pauperis , between me and an American who is brown or black.

    The fact I’m white and have suffered injustices that have long been suffered by brown and black in railroaded and deceptive practices of the Justice System agreed by both parties now is in need for Reform, does not make me an enemy to their plight. If anything it makes me the greatest advocate and friend to Justice for All.

    The Enemy of Denial of those facts are still facing many in the mirror. Somehow justifying the murders of white people as a gateway of acceptable behavior based on previous wrongs against black people is exactly what I stated: a recipe for self annihilation.

    I question constantly my own Story in how it can be a Service to my fellow man. In what I’ve suffered I see great wisdom and it is my joy to be of service to you.

  8. avatar
    Lupin January 28, 2016 at 11:45 am #

    @ CRJ

    You blather a lot about you & your cause, but your record (as far as I’m aware) does not show you exhibiting any concern about others’.

    I’m just saying.

  9. avatar
    CRJ January 28, 2016 at 11:51 am #

    Lupin: You blather a lot about you & your cause, but your record (as far as I’m aware) does not show you exhibiting any concern about others’.

    I’m just saying.

    Please! Go run for Office just one Time. It doesn’t matter what Office. I think your eyes will be OPENED and the Service to our Country the losing politicians provide Will be seen.

    Compound that experience by 7 and you’ll have an idea of my Service. It is the same experience for any Loser in any Race. I’ve lost with the best of them including Hillary Clinton, Mitt Romney, John McCain.

    God Bless You

    Often their is a great confusion that is seen by the collesing of support around Candidates by the support we are. Jeb Bush has spent 100M and I’m just 3% percent away from polling with his popularity within the 5% margin of error. 😉

  10. avatar
    Lupin January 28, 2016 at 12:01 pm #

    CRJ: Please! Go run for Office just one Time. It doesn’t matter what Office. I think your eyes will be OPENED and the Service to our Country the losing politicians provide Will be seen.

    Compound that experience by 7 and you’ll have an idea of my Service. It is the same experience for any Loser in any Race. I’ve lost with the best of them including Hillary Clinton, Mitt Romney, John McCain.

    Running for office, especially as a crazy man with zero chances to win, does NOT constitute fulfilling a humanitarian mission.

    The only “record” you seem to have is terrorizing a bunch of hapless church-goers who happened to disagree with you.

    Posing here as some kind of high-minded fellow (with respect to the topic of this thread) is hypocritical, delusional and frankly nauseating.

  11. avatar
    CRJ January 28, 2016 at 12:15 pm #

    Lupin: Posing here as some kind of high-minded fellow (with respect to the topic of this thread) is hypocritical, delusional and frankly nauseating.

    Well, you are not bound to Read my comments or comment back. If your sick go get some rest, maybe see a Doctor?

    Your are absolutely correct that my Record doesn’t represent a Winning Trophy… 🏆 …in the arena of Justice or Service to the Public.

    You are also correct the High Minded #SCOTUS Court is the highest Court in the Land and I have 2 Cases there dealing with a 2.1 Trillion dollar deceptive problem Americans are suffering, and have suffered.

    http://codyjudy.blogspot.com/2016/01/breaking-report-do-us-supreme-court.html?m=1

    [“Although the contributions to my Campaigns have been few, they held great weight on my shoulders, but it just wasn’t the Contributions to my campaign I was counting. I also counted those who trusted other Presidential Candidates to actually be qualified for the Office. If I knew the Candidates they had contributed to were not constitutionally qualified, that was a contribution collected in a deceptiveness or fraudulent way.”

    The campaign collection of Candidates who are still questionably qualified under the U.S. Constitution’s Standards range:
    Sen. John McCain Total: 368 Million
    Sen. Barack Obama: 730 Million (2008) 964 Million (2012)
    Sen. Ted Cruz: 39 Million
    Sen. Marco Rubio: 17 Million
    Gov. Bobby Jindal: 1 Million

    Total: 2,119 Trillion

    “It seems incomprehensible to me”, said Cody, “that the U.S. Supreme Court Justices would not see the great responsibility to clear up the definition to an over 2 Trillion dollar potential or alleged abuse of American’s contribution dollars to illegal or unqualified Presidential candidates.]

    Now, stating my Service is inconsequential is certainly an argument of numbers. 2.1 Trillion is only a little more than half the Taxes collected on Americans for a single year. So not much in a Decade period of Time, but is a lot compared to say the Taxes collected from half the U.S.

    I will say it seems odd the U.S. Supreme Court refuses a Motion for Forma Pauperis granted by two lower courts the same year, in the face of FRAUD upon so many Americans.

    It would be different if the unqualified Candidates simply collected contributions as an Constitutionally unqualified Candidate, but that is not what the oath of Candidate qualification demands

  12. avatar
    Rickey January 28, 2016 at 12:26 pm #

    CRJ:

    The campaign collection of Candidates who are still questionably qualified under the U.S. Constitution’s Standards range:
    Sen. John McCain Total: 368 Million
    Sen. Barack Obama: 730 Million (2008)964 Million (2012)
    Sen. Ted Cruz: 39 Million
    Sen. Marco Rubio: 17 Million
    Gov. Bobby Jindal: 1 Million

    Total: 2,119 Trillion

    You need remedial arithmetic, I see.

    The figures you listed total $2.21 billion, not trillion.

  13. avatar
    Rickey January 28, 2016 at 12:28 pm #

    CRJ: Jeb Bush has spent 100M and I’m just 3% percent away from polling with his popularity within the 5% margin of error.

    There is no margin of error when you are polling at 0%.

  14. avatar
    CRJ January 28, 2016 at 12:31 pm #

    Rickey: You need remedial arithmetic, I see.

    The figures you listed total $2.21 billion, not trillion.

    Your right, I was in a rush and running out of Time on the Library Computer which is limited Rickey.

    My apologies.. Of course the Equasion was put to YOU correctly from OPEN SECRETS for you to add up correctly.

    Example of Oath of a Candidate
    Each candidate for federal office, whether a party candidate, a candidate with no party affiliation, or a write-in candidate, in order to qualify for nomination or election to office shall take and subscribe to an oath or affirmation in writing. A copy of the oath or affirmation shall be made available to the candidate by the officer before whom such candidate seeks to qualify and shall be substantially in the following form:
    State of Florida
    County of
    Before me, an officer authorized to administer oaths, personally appeared (please print name as you wish it to appear on the ballot) , to me well known, who, being sworn, says that he or she is a candidate for the office of ; that he or she [is qualified under the Constitution and laws of the United States to hold the office to which he or she desires to be nominated or elected]; that he or she has qualified for no other public office in the state, the term of which office or any part thereof runs concurrent with that of the office he or she seeks; and that he or she will support the Constitution of the United States.
    (Signature of candidate)
    (Address)

  15. avatar
    CRJ January 28, 2016 at 1:28 pm #

    Rickey: There is no margin of error when you are polling at 0%.

    Its very unfair to say I’m Polling at 0% when my name is excluded from any of the Polls you credit. I’ve never Polled at 0% from any Poll my name is included in.
    Sunday, April 4, 2004 06:00:00 AM UTC0:0
    Description Copyright 2004 Deseret Morning News

    By Lisa Riley Roche
    Deseret Morning News

    It’s hardly a surprise that, according to the latest poll numbers, Republican Sen. Bob Bennett is ahead of his chief Democratic rival, former Utah Attorney General Paul Van Dam.

    Republican incumbents are, after all, traditionally tough to beat in Utah. Bennett, however, is proving especially powerful with a whopping 47-point lead over Van Dam, according to a Deseret Morning News/KSL-TV poll.

    “Obviously, I’m very pleased,” the two-term senator said upon hearing the results. “This indicates a very gratifying level of approval for what I’m doing.”

    Van Dam said he isn’t discouraged by the results.

    “We just know we have a lot of work to do between now and the election. The numbers are the numbers, and we’ll deal with them,” he said. “At least we have a starting point, although it’s certainly way down.”

    According to the survey by Dan Jones & Associates, Bennett had the support of 63 percent of Utahns polled, compared to just 16 percent for Van Dam. The other Democrat in the race, Cody Judy, had 2 percent, as did Constitution Party candidate Gary Van Horn. No respondents backed Joe Labonte of the Personal Choice Party.

    Running in Utah as a Democrat is not an easy Race lol

  16. avatar
    Voice of Reason January 28, 2016 at 2:16 pm #

    Lordy. Is there anything stupid and conspiratorial that Cody Judy won’t fall for?

    Are you a member of the Flat Earth Society as well?

  17. avatar
    Northland10 January 28, 2016 at 2:18 pm #

    CRJ: Please! Go run for Office just one Time. It doesn’t matter what Office. I think your eyes will be OPENED and the Service to our Country the losing politicians provide Will be seen.

    If you would pay more attention to what others say instead of how it’s all about you, you might have realized that Lupin is from France.

    Filing a form claiming you are running for office is not serving the country or anybody but yourself. The Doc gives more service to our country in his first minute on a Habitat for Humanity site than you have given through your all of your alleged runs for office or any court case. His work seeks to make life better for others, your work only seeks to fill your need for attention.

  18. avatar
    CRJ January 28, 2016 at 3:16 pm #

    Northland10: The Doc gives more service to our country in his first minute on a Habitat for Humanity site than you have given through your all of your alleged runs for office or any court case. His work seeks to make life better for others, your work only seeks to fill your need for attention.

    No doubt Doc’s work is admirable, and my advocacy should not be seen as advasarial in that direction of mutual consideration, that I also have contributed towards:

    https://twitter.com/CodyRobertJudy/status/691770285977133056

    There is never a view worth its salt as a view that states the contribution of the least is not an asset to the accumulation of the whole. Everyone is important, included me.

  19. avatar
    James M January 28, 2016 at 4:32 pm #

    CRJ:
    THIS IS SAD. FROM THE Statement from one of his daughters

    Do you consider the statements of Mark McConnell to be credible or don’t you, and if not, why not?

  20. avatar
    Dr. Conspiracy January 28, 2016 at 6:08 pm #

    So, is that what really happened? I think it unlikely that federal authorities fired first.

    CRJ: THIS IS SAD. FROM THE Statement from one of his daughters it is learned that in a Peace Envoy to negotiate an Ambush by Federal Agents took Place over 120 Shots fired at the car with Women in it:

  21. avatar
    James M January 28, 2016 at 6:56 pm #

    Dr. Conspiracy: So, is that what really happened? I think it unlikely that federal authorities fired first.

    There is no report that anyone *except* the LEOs fired at all, and no report that Finicum was armed when he was shot. He was approaching the LEOs, which, together with his clearly violent prior statements and the fact that the LEOs knew which individual they were dealing with, is sufficient cause to have considered him a credible threat and justify the use of lethal force to stop him from approaching LEOs. But I do think that the feds fired first, and further, that they fired the only shots in the incident. I expect Finicum’s death to fuel conspiracy theories for decades to come.

  22. avatar
    James M January 28, 2016 at 7:58 pm #

    One more point that I wanted to mention: LaVoy Finicum is named in the criminal complaint, but not accused of anything, and is not named in the arrest warrant. This almost certainly means that if he had complied with the arresting LEOs, he would have been released, as were the others who were with the group on the road but not named in the affadavit. Only the seven individuals named in the arrest warrant were taken into custody and arraigned, and Finicum was not one of them.

    I’m finding no way to corroborate the claim that either Victoria Sharp or Mark McConnell was present at the scene, let alone in a position to witness Finicum’s death.

  23. avatar
    Curious George January 28, 2016 at 10:11 pm #

    Looks to me like Finicum went for something in his belt or under his coat. It didn’t look like he was shot until after he dropped his hands and made movement toward his belt. Sorry, but he caused his own death. Suicide by cop.

    https://www.youtube.com/watch?v=gjl1hefqqWI

  24. avatar
    Rickey January 28, 2016 at 10:39 pm #

    Curious George:
    Looks to me like Finicum went for something in his belt or under his coat. It didn’t look like he was shot until after he dropped his hands and made movement toward his belt.Sorry, but he caused his own death.Suicide by cop.

    The FBI says that Finicum had a loaded 9mm semi-automatic handgun in his coat pocket.

    Will CRJ now apologize for rushing to judgment?

  25. avatar
    chancery January 28, 2016 at 11:09 pm #

    James M:
    One more point that I wanted to mention: LaVoy Finicum is named in the criminal complaint, but not accused of anything, and is not named in the arrest warrant. This almost certainly means that if he had complied with the arresting LEOs, he would have been released, as were the others who were with the group on the road but not named in the affadavit. Only the seven individuals named in the arrest warrant were taken into custody and arraigned, and Finicum was not one of them.

    With respect, I think you have that backwards. Finicum is _not_ named in the Complaint, but he is named and accused of crimes in the arrest warrant in several places.

    See Paragraph 6: “I have probable cause to believe that starting on or about January 2, 2016, and continuing through the date of this affidavit A. BUNDY, RITZHEIMER, O’SHAUGHNESSY, PAYNE, R. BUNDY, CAVALIER, Robert Lavoy Finicum, COX, SANTILLI, and other known and unknown individuals did conspire [etc]”

    To similar effect see also PP* 7, 10, 17, and 38-39, a separate section captioned with his name.

    However, note that unlike the names of the defendants, Finicum’s name is not in ALL CAPS, that bug-a-boo of many sovcits. By custom, federal prosecutors always write defendants’ names in all caps. I suspect that in the original affidavit under which the warrants were issued, his name was in all caps and that a warrant was issued for him.

    Tuesday night, after his death, the FBI revised the affidavit to switch his name from all caps to initial caps. Note that this sylistic change did not change a single word of the affidavit and thus was not a substantive change. The allegations involving Finicum can be used against the others under the conspiracy claim. But they changed his name to initial caps and left his name off of the complaint to which the affidavit is an exhibit, because you can’t prosecute a dead man.

    [Doc, is there a way to make a paragraph symbol with this editor?] .

  26. avatar
    James M January 28, 2016 at 11:58 pm #

    chancery: With respect, I think you have that backwards. Finicum is _not_ named in the Complaint, but he is named and accused of crimes in the arrest warrant in several places.

    But Finicum isn’t a subject of the warrant that was sought. Not trying to suggest that it means he wouldn’t have been arrested, but again, the others who were in the group but not named in this section were released from custody:

    This affidavit is submitted to support a criminal complaint and
    arrest warrant for Ammon BUNDY (hereinafter A. BUNDY), white male,
    date of birth 09/0111975, Jon RITZHEIMER, white male, date of birth
    redacted, Joseph O SHAUGHNESSY, white male, Case 3:16-mj-00004
    Document 1 Filed 01/26/16 Page 2 of 32 date of birth redacted,
    Ryan PAYNE, white male, date of birth redacted, Ryan BUNDY
    (hereinafter R BUNDY), white male, date of birth redacted, Brian
    CAVALIER, aka Booda Bear, white male, date of birth redacted,
    Shawna COX, white female, date of birth redacted, and Peter
    SANTILLI, white male, date of birth redacted, for the felony crime
    of Conspiracy to Impede Officers of the United States from discharging
    their official duties through the use of force, intimidation, or
    threats, in violation of Title 18, United States Code, Section 372.

    PS on a Mac I can get a Paragraph with Option+7 ¶ and a Pilcrow with Option+6 §
    Sparked a redacted year old memory: When I worked as a paralegal I would add those to my typewritten docs with a rapidograph pen 🙂

  27. avatar
    James M January 29, 2016 at 12:11 am #

    Curious George:
    Looks to me like Finicumwent for something in his belt or under his coat. It didn’t look like he was shot until after he dropped his hands and made movement toward his belt.Sorry, but he caused his own death.Suicide by cop.

    https://www.youtube.com/watch?v=gjl1hefqqWI

    I will grant that he had his hands up at least some of the time as he approached the cops.
    I will also grant that Mike Tyson has his hands up when he’s pummeling his opponent’s faces.

    Finicum had come a hair’s breadth from running down one of the agents as he left the road, all of this happening after he had attempted to evade arrest. The “hands up” element makes me even more certain that the incident will be subject of conspiracy theories for years to come, as people will twist to the conclusion that having his hands up somehow stops him from reasonably being deemed a threat as he continued to approach the LEOs.
    That said, I now believe that Victoria Sharp may indeed have been present.

  28. avatar
    chancery January 29, 2016 at 2:27 am #

    James M: But Finicum isn’t a subject of the warrant that was sought. Not trying to suggest that it means he wouldn’t have been arrested, but again, the others who were in the group but not named in this section were released from custody:

    PS on a Mac I can get a Paragraph with Option+7 ¶and a Pilcrow with Option+6 §
    Sparked a redacted year old memory: When I worked as a paralegal I would add those to my typewritten docs with a rapidograph pen

    James M: But Finicum isn’t a subject of the warrant that was sought. Not trying to suggest that it means he wouldn’t have been arrested, but again, the others who were in the group but not named in this section were released from custody:

    PS on a Mac I can get a Paragraph with Option+7 ¶and a Pilcrow with Option+6 §
    Sparked a redacted year old memory: When I worked as a paralegal I would add those to my typewritten docs with a rapidograph pen

    Ah, you’re quoting ¶ 2. I see what you mean. compare ¶ 2 with ¶ 6, which makes shorter but roughly comparable allegations about the six defendants, plus LaVoy, whose crimes are repeatedly referred to later on in the affidavit. He even has his own captioned section. But you’re correct that ¶ 2 refers to warrants and ¶ 6 does not.

    It’s nonetheless inconceivable to me that the FBI would have sought a warrant for Cox (the subject of two paragraphs of the affidavit, ¶ 40-41) and O’Shaughnessy (the subject of a single paragraph, ¶ 30), and not have sought a warrant for LaVoy, whose recorded offenses are more extensive, and who played such a central role in the group’s actual and implicit threats of violence. It sounds completely crackers. Yes, there were other convoy members who were not arrested, but none of them is named in the affidavit.

    The warrants would have to have been issued early enough on Tuesday so the arrest team had them in the late afternoon, although they can probably send them electronically to a vehicle equipped with a printer. It’s my belief that those warrants were issued pursuant to an earlier version of the affidavit/complaint that included LaVoy as a named defendant in ¶ 2 and capitalized his name wherever it appeared, and that one of the warrants was directed to him.

    When they learned that LaVoy had been killed, the government decided (I assume) that it didn’t want the embarrassment of filing a complaint that named as a defendant a man who had been killed the previous day under circumstances that would inevitably attract controversy. So they prepared a revised affidavit, eliminating the capitalization of LaVoy’s name, deleting his name from ¶ 2 (which means I have to give up my thought that they could fix the affidavit without changing a word), and changed the complaint to delete LaVoy’s name there as well. This _probably_ means they would have needed new signatures, but I don’t think that it’s a problem in an emergency for the US Attorney’s office to get a judge to sign papers in the evening.

    Mind you, I’m speculating here. IANACrL, and I’ve certainly never practiced in a US Attorney’s office. But the idea that they would recite evidence of LaVoy’s scarlet crimes throughout the affidavit but not obtain a warrant for his arrest strikes me as so bizarre that I can’t believe it. So I don’t, although you’re of course free to disagree. It would be interesting to consult a former AUSA for his opinion, but I don’t know any well enough to ask.

    On the other topic, I too use a Mac, and I can’t really explain why I didn’t try option 7. And when I started practice redacted years ago, it was at a firm that had about 6 mammoth Vydec word processors and hundreds of typewriters. Fortunately the typewriters were IBM Selectrics that could generate both the paragraph and the section symbols. Even more important, they had pretty good correction capabilities.
    :->.

    Ah, you’re quoting ¶ 2. I see what you mean. But compare ¶ 2 with ¶ 6, which makes shorter but roughly comparable allegations about the six defendants, plus LaVoy, whose crimes are repeatedly referred to later on in the affidavit. He even has his own captioned section. But you’re correct that ¶ 2 refers to warrants and ¶ 6 does not.

    It’s nonetheless inconceivable to me that the FBI would have sought a warrant for Cox (the subject of two paragraphs of the affidavit, ¶ 40-41) and O’Shaughnessy (the subject of a single paragraph, ¶ 30), and not have sought a warrant for LaVoy, whose recorded offenses are more extensive, and who played such a central role in the group’s actual and implicit threats of violence. It sounds completely crackers.

    The warrants would have to have been issued early enough on Tuesday so the arrest team had them in the late afternoon, although they can probably send them electronically to a vehicle equipped with a printer. It’s my belief that those warrants were issued pursuant to an earlier version of the affidavit/complaint that included LaVoy as a named defendant in ¶ 2 and capitalized his name wherever it appeared, and that one of the warrants was directed to him.

    When they learned that LaVoy had been killed, the government decided (I assume) that it didn’t want the embarrassment of filing a complaint that named as a defendant a man who had been killed the previous day under circumstances that would inevitably attract controversy. So they prepared a revised affidavit, eliminating the capitalization of LaVoy’s name, deleting his name from ¶ 2 (which means I have to give up my thought that they could fix the affidavit without changing a word), and changed the complaint to delete LaVoy’s name there as well. This _probably_ means they would have needed new signatures, but I don’t think that it’s a problem in an emergency for the US Attorney’s office to get a judge to sign papers in the evening.

    Mind you, I’m speculating here. IANACrL, and I’ve certainly never practiced in a US Attorney’s office. But the idea that they would recite evidence of LaVoy’s scarlet crimes throughout the affidavit but not obtain a warrant for his arrest strikes me as so bizarre that I can’t believe it. So I don’t, although you’re of course free to disagree. It would be interesting to consult a former AUSA for his opinion, but I don’t know any well enough to ask.

    On the other topic, I too use a Mac, and I can’t really explain why I didn’t try option 7. And when I started practice redacted years ago, it was at a firm that had about 6 mammoth Vydec word processors and hundreds of typewriters. Fortunately the typewriters were IBM Selectrics that could generate both the paragraph and the section symbols. Even more important, they had pretty good correction capabilities.
    :->.

  29. avatar
    Keith January 29, 2016 at 2:29 am #

    James M: But I do think that the feds fired first, and further, that they fired the only shots in the incident. I expect Finicum’s death to fuel conspiracy theories for decades to come.

    I don’t know who fired ‘first’, it does look like Finicum committed suicide by cop first, but I don’t know if anyone else was shooting before that.

    HOWEVER, there was at least two shots fired from within the cab of the perp’s truck, clearly visible from the orbiting chopper’s film, so the Feds were definitely NOT the only shooters.

  30. avatar
    RanTalbott January 29, 2016 at 3:14 am #

    James M: I will grant that he had his hands up at least some of the time as he approached the cops.

    The fact that he’s approaching them seems suspicious. Wouldn’t they ordinarily have been ordering him to kneel/sit/lie on the ground, so they could approach him with less risk? The video from the helicopter leaves out an important, perhaps crucial, part of the story: if he was ignoring commands, that would have dramatically increased concerns that he had violent intent, adding weight to an argument that the shooting was justified. If he wasn’t, you have to ask why the (bleep) the cops weren’t treating someone who’d made threatening public statements, amd tried to run a roadblock, with extreme caution.

  31. avatar
    chancery January 29, 2016 at 4:39 am #

    James M

    Hah!, I just spotted a typo in my first reply to you that makes what I wrote so confusing as perhaps to be incomprehensible.

    I wrote: “but he is named and accused of crimes in the arrest warrant in several places.”

    I meant to write “arrest affidavit,” not “arrest warrant.”

    Does correcting that make my point more clear?

  32. avatar
    JPotter January 29, 2016 at 9:05 am #

    Four “occupiers” remain and are negotiating with law enforcement officials. They are reportedly packed and ready to go.

    There one pitiful demand?

    They don’t want to face charges.

    Lamest wannabe “civil” protest ever.

    WHEN they finally take action, they want to weasel out of any responsibility.

  33. avatar
    W. Kevin Vicklund January 29, 2016 at 10:04 am #

    CRJ: I will say it seems odd the U.S. Supreme Court refuses a Motion for Forma Pauperis granted by two lower courts the same year, in the face of FRAUD upon so many Americans.

    What is odd is that you think 2014 and 2015 are the same year. Another odd thing is that you refuse to post the April 7th, 2015 letter from the Clerk explaining why your IFP application was deficient. Might those two oddities be related?

  34. avatar
    Rickey January 29, 2016 at 11:06 am #

    CRJ:

    According to the survey by Dan Jones & Associates, Bennett had the support of 63 percent of Utahns polled, compared to just 16 percent for Van Dam. The other Democrat in the race, Cody Judy, had 2 percent, as did Constitution Party candidate Gary Van Horn. No respondents backed Joe Labonte of the Personal Choice Party.

    Wow, 2%. I wonder how many of those people actually knew anything about you.

    How did you make out in the general election in 2004? Maybe you got a few of the 18 write-in votes.

    http://clerk.house.gov/member_info/electionInfo/2004/2004Stat.htm#44

  35. avatar
    y_p_w January 29, 2016 at 2:00 pm #

    I would point out that the whole thing was signed by the judge before they had the arrest warrant. If you read the language of the complaint, it doesn’t actually appear that they sought an arrest warrant for Finicum, even though they named him in the affidavit.

  36. avatar
    y_p_w January 29, 2016 at 2:06 pm #

    James M:
    One more point that I wanted to mention: LaVoy Finicum is named in the criminal complaint, but not accused of anything, and is not named in the arrest warrant. This almost certainly means that if he had complied with the arresting LEOs, he would have been released, as were the others who were with the group on the road but not named in the affadavit. Only the seven individuals named in the arrest warrant were taken into custody and arraigned, and Finicum was not one of them.

    I’m finding no way to corroborate the claim that either Victoria Sharp or Mark McConnell was present at the scene, let alone in a position to witness Finicum’s death.

    I don’t know if they would have released him after he took off. The driver of the other vehicle stopped and didn’t resist.

  37. avatar
    J.D. Reed January 29, 2016 at 2:23 pm #

    Rickey: James M: But I do think that the feds fired first, and further, that they fired the only shots in the incident. I expect Finicum’s death to fuel conspiracy theories for decades to come.

    I don’t know who fired ‘first’, it does look like Finicum committed suicide by cop first, but I don’t know if anyone else was shooting before that.

    HOWEVER, there was at least two shots fired from within the cab of the perp’s truck, clearly visible from the orbiting chopper’s film, so the Feds were definitely NOT the only shooters.

    No CRJ won’t apologize because he habitually adjusts the facts to fit his opinions, rather than the other way around.

  38. avatar
    bob February 3, 2016 at 3:06 pm #

    This WaPo piece essentially agrees with Doc.