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United States News Title: Wendy Johnson is an ENEMY of the American Peoples Constitution!!! FAYETTEVILLE -- A man charged with possessing illegal machine guns shouldn't be able to make constitutional arguments at trial, according to a motion filed Friday by federal prosecutors. Hollis Wayne Fincher, 60, a lieutenant commander of the Militia of Washington County, is charged in U.S. District Court with possessing three homemade, unregistered machine guns and an unregistered sawed-off shotgun. Trial is set for Jan. 8 in Fayetteville. Assistant U.S. Attorney Wendy Johnson filed the motion asking U.S. District Judge Jimm Larry Hendren to preclude Fincher and his attorney, Oscar Stilley, from arguing matters of law to the jury as a defense. The government believes Fincher wants to argue the gun charges are unconstitutional and that the prosecution must prove an "interstate nexus" for the firearms, according to the motion. The government is arguing that it is the court's role to decide matters of law and to instruct the jury. The jury's role is to then determine and apply the facts to the law as instructed by the court. The jury has no role in deciding legal issues, according to the motion. The government also wants the court to order Fincher to disclose items the defense intends to use as evidence at trial, the results of any physical or mental examinations or experiments to be used at trial and provide written summaries of witness testimony the defense intends to use. Fincher was also put on notice Friday that the government intends to present evidence about additional firearms found at Fincher's home or at the "Militia Headquarters" during the execution of search warrants. Fincher was arrested Nov. 8 by federal agents. He remains in federal custody in lieu of $250,000 bond, and a number of other conditions also set by the magistrate judge, including moving out of his home and in with his daughter, posting the deed with the court, electronic monitoring, not attending militia meetings and giving up any weapons. According to police, two of the .308-caliber machine guns, homemade versions of the Browning model 1919, allegedly had Fincher's name inscribed on them and said "Amendment 2 invoked," a reference to the Constitutional right of citizens to bear arms. The other was a 9 mm Sten design. Since 1934, it's been illegal for civilians to own machine guns without special permission from the U.S. Treasury Department. Federal law permits the public to own machine guns manufactured and registered before 1986 under certain conditions. Guns made or imported after that date can be bought by law enforcement agencies but not the public. Each new weapon is subject to a manufacturing tax and must be registered with the bureau's National Firearms Registry. What is the supreme law, the final authority in the United States? Is it the U.S. Constitution, or arbitrary unconstitutional laws passed by the various congresses? The Hollis Wayne Fincher case will be one to affirm the answer to that question. Mr. Fincher, a lifelong resident of Washington County Arkansas, a Constitutional scholar, a law-abiding citizen, who openly organized a legal militia known by all law enforcement agencies was violently raided, arrested and taken to jail on November 8, 2006 by no less than eight federal, state, county & city law agencies. This is not the first time this has been done to a lawful citizen who was in possession of so-called “unlawful” weapons. However, there is nowhere in the U.S. or Arkansas Constitutions which limits the kinds of weapons a lawful citizen may possess. The other part to this story is the fact that Mr. Fincher and other citizens had been fighting the passage of a Washington County ordinance based on the U.N. Agenda 21 which tells property owners what they can and cannot do with their own land. Mr. Fincher has lived all his life on his 4th generation 120 acre farm just south of Fayetteville. The ordinance was passed after his incarceration. Fincher’s bail was set at $250,000 or the deed to his land, while six illegal aliens charged with drug and identity crimes had bails set at $10,000 and were set free on their own recognizance. Fincher refused. Citizens, are we at the crossroads or is it already too late? Has corruption completely engulfed our institutions? If there was a real problem with Mr. Fincher why was nothing said since the militia formed in 1994? And why wasn’t there a simple knock on his door by one local law agent to discuss the matter in a civilized way? Barbara McCutchen Fort Smith 479-646-8261 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. Your servant, Dale Morfey 7813 Yorktown Rd. Fort Smith, AR 72903 479-452-7918
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