Brownsville, TX – it’s a typical case of Big Government agents letting the hoi polloi know they have no place to stand in the conflict, no dog in the fight, and they need to get out of the way and let them handle the heavy lifting.
The current hassle over the issue of illegal immigration centers on what happened at a bird sanctuary and a defunct marginal farm property outside the border fence – in no man’s land – on the banks of the Rio Bravo.
KC Massey III and a small band of III% militiamen were encamped there on August 29, 2014, when a Border Patrol Agent opened up with five shots fired at a man known as “Jesus,” and the Sheriff’s men said the patriots had every right in the world to go armed as they proved friendly citizens asked by property owners to help guard their places on this troubled border could easily turn back human traffickers and drug smugglers, just by showing themselves.
Nevertheless, the Sheriff’s Officers confiscated their firearms, and so far, they haven’t given them back.
As the drama over immigration amnesty moved to New Orleans at the Fifth Circuit of Appeals for oral arguments, the list of 26 states arguing in support of U.S. District Court Judge Andrew Hanen’s injunction on amnesty ordered by President Obama without congressional approval reads like a trip through the heartland drained by the big two-hearted river, with the exception of a couple of east coasters like West Virginia and Maine.
The three-judge panel could hear the protesters demonstrating on Friday, April 17, in support of the presidential amnesty program that would allow border crashers who claim they are refugees from oppression by gangsters and crooked foreign governments, according to news reports.
In this southernmost border city, Judge Hanen’s deadline for written arguments for and against a dismissal of the charges based on suppression of the evidence against KC Massey III for possession of a firearm by a convicted felon came due on the same day with sharply conflicting narratives of the events leading to the October arrest over the fact that a Border Patrol Agent fired five shots at Jesus, prompting the months-later arrest of Massey, who was not within sight of the shooting when it occurred in August.
To further confuse matters, the opposing parties – government and militia – are unable to agree on the name of the government agent who fired on John “Jesus” Foerster. Miitiamen say his name is Hernandez; the government narrative calls him Gonzalez.
The truth is, the Border Patrolmen had given the trio of Massey, Foerster, and Allen “Wolf” Varner permission to assist their surveillance of a group of illegals crossing the river at the Sabal Palms Sanctuary, a bird preserve controlled and owned by the John Audobon Society after a Mr. Aguilar, the caretaker, had recruited Varner to take up the vigil during a coffee klatsch at the local Stripes filling station.
An attorney for Massey has uncovered records of the fact that the government agents had ordered a computer-assisted (NCIC) records check on him about a half-hour before the patrol began. There is much speculation that a government informer known only as “S” served as a signalman for agents, and informed them a half-hour before the patrol set out for the brush along the river at the bird sanctuary.
Massey is a convicted felon who got off paper many years before, following the five-year limit on the state’s proscription of a convict having possession of a firearm – but only where he lives.
Massey and his attorney maintain that where he lived at the time included Camp Lone Star, just upriver from the location of his arrest at the bird sanctuary, the brushy area where he was apprehended at the Sabal Palms Sanctuary and his weapons seized, and a motel room on the interstate, where he sometimes slept.
According to the government’s response to the defense motion to suppress evidence and drop the charge, there is no merit to the argument because, prosecutors say, he clearly maintained no such residence at any of these locations, only at his home near Quinlan, Texas, where they appeared without a warrant on the same day they arrested him in the parking lot of the Brownsville motel where he spent the night on the day of his arrest in October.
Predictably, the defense has taken the tack that it’s a Tenth Amendment issue, that since the only thing the applicable federal statute regulates is commerce foreign or interstate, the power regulating defense of one’s property, or where one is currently residing, rests with the state.
They claim violation of his Fourth, Fifth, Sixth and 14th Amendment rights, as well.
There is little doubt that the hassle over amnesty and the argument over a felon in possession of a firearm are abundantly linked, since Massey and his men had proven over a period several months that armed men on patrol can thoroughly disrupt the flow if illegal human trafficking and drug smuggling with ease – just by being there, occupying the ground and showing themselves to the cartel and the people yearning to be free in America.
The world awaits the decision of Judge Hanen.
Reached for comment, KC Massey III said, he was not “engaged, nor was my possesssion of the firearm effective” in interstate commerce, as defined by Section 8 of Article 1 of the U.S. Constitution.
“If you don’t understand the grammatical meaning of those words, you are allowing the government to fuck you…Most people who don’t understand those words don’t understand how the government keeps them from defending themselves.”
A satellite view of the area of operations at Brownsville
(click image for a full size picture)