S.W.A.T. December 2007 - McKeesport Police Department

ENEMY AT THE GATE
guns under the authority of a state, or
political subdivision thereof, and there
was a very real fact question of whether
the militia Fincher had started was sanctioned
by the State of Arkansas, because
Fincher had received a nod of approval
from his County Sheriff, and also because
Fincher had notified the governor
and the state attorney general of his activities.
Whether Fincher had the blessings
of the state of Arkansas, and therefore
fell within the statutory exception,
was an additional fact question for the
jury to determine.
GAGGING THE DEFENSE
AND USURPING THE
POWER OF THE JURY
Fincher was not allowed, however, to
present his evidence to the jury on that
key fact question of state approval. Nor
was Fincher allowed to even mention
the Second Amendment, the word “militia”
or the Miller decision to the jury, and
was not allowed to present the relevant
fact evidence on the military utility of
these arms.
The federal judge ordered the jury
out of the courtroom, previewed all
of Fincher’s testimony, and then forbade
Fincher from presenting any of it
to the jury, barring Fincher’s entire defense,
including the evidence regarding
the two key fact questions. Instead, the
This was a sham of
a trial, with the jury
intentionally transformed
into an ignorant rubber
stamp for a willful judge,
who took on the roles of
prosecutor, fact finder
and judge to ensure
conviction.
judge ruled on those questions himself,
in chambers, and kept the jury entirely
ignorant of them. His jury instructions
did not even mention the statutory exception
for possession of machine guns
under state authority, and he falsely instructed
the jury that it must convict if
it found that Fincher knowingly had the
arms—which Fincher never denied.
This was a sham of a trial, with the
jury intentionally transformed into an
ignorant rubber stamp for a willful
judge, who took on the roles of prosecutor,
fact finder and judge to ensure conviction.
And all with the eager participation
of government lawyers who argued
that we have no individual right to
bear arms! And we are supposed to feel
more secure in our rights because there
is a Republican in the White House? It
may as well have been Sarah Brady and
Morris Dees prosecuting Fincher during
the Administration of President Hillary
Clinton. The outcome was no different.
Lest you think that what happened
to Fincher cannot happen to you, just
reflect on how arbitrary, confusing, and
complex the federal gun laws are, especially
as applied by the BATF. See JPFO’s
recent film, The Gang, for details (www.
jpfo.org) ... and pray you don’t find
yourself in Fincher’s shoes. §
38 S.W.A.T. » DECEMBER 2007 SWATMAG.COM