From the December 2006 Idaho Observer:

Hollis Wayne Fincher: Man of Integrity v. The Feds

When our fates command that we appear before a government judge in a government court because the government has charged us with a crime against the government, it proceeds with certain presumptions (see "doctrine" story for this month). It is fair to say that more and more Americans are appearing before the courts of this land with their own presumptions. Not too amazingly, the presumptions of increasing numbers of people—that government is irretrievably corrupt—are exactly opposite of government’s presumptions about us. Let us "presume" that this dichotomy will not go on unresolved forever and that, either in this life or the next, justice will prevail.

by Loretta Weston

On November 20, 2006, Hollis Wayne Fincher was led into the U.S. District Court in Ft. Smith, Arkansas, for indictment with 11 other prisoners, six of whom were fairly young illegal Mexicans. Finding ourselves on a fact-finding mission above and beyond our expectations, the Fincher family and friends took note of how the court’s (Magistrate Beverly Stites-Jones – known to attorneys as a "hard ass") treatment of real criminals differed from someone with no criminal history who has been labeled a "threat" to ATF agents and the court.

With only one alien able to understand English, tax dollars paid for an interpreter for four who were accused of meth drug charges and one female accused of identity theft. It was this writer’s understanding that the judge released them "believing" they would return for their court date on their own accord. No local media was present.

In distinct contrast, 60-year-old Fincher has remained in Sebastian County jail since his arrest the morning of Nov. 8, 2006, which occurred during a raid of his home involving federal agents from the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) and FBI and assisted by Washington County Sheriff’s Office, Fayetteville Police Department, Springdale Police Department, Arkansas State Police, Arkansas State Bomb Squad and the Madison County Sheriff’s Department.

Among the court’s requirements to let Fincher out on bond included handing over to the court the deed to his 120-acre farm, which has been in the Fincher family for several generations and recently estimated to be worth $1 million.

Fincher wisely declined the judge’s offer. Friends and family are gathering information/documents to determine if the real reason for his arrest is coincidentally connected to his opposition to passage of a county zoning ordinance that was "passed" the following night in Fincher’s absence under "emergency" after fellow objecting landowner Don Bright was physically removed from the proceedings.

While many folks speculate that the Fincher case is all about the militia, during the arraignment of Fincher on Nov. 13, ATF Senior Special Agent Wade Vittitow stated under oath that Fincher’s arrest was "not about the militia."

Despite the numerous times both the ATF agent and the judge "recognized" Fincher’s free speech rights, ultimately the judge based her ruling on a secret recording made by an ATF plant during a regular weekly militia meeting where the ATF plant had made a leading statement that the judges should be awakened in the night with a gun barrel in their mouth. Fincher’s response was (paraphrased), "Be careful what you say. This building might be bugged."

Although not actually stated, the mind-reading Magistrate Beverly Stites-Jones determined that Fincher agreed with the statement and further stated, "that’s what he’s thinking right now."

Continuing her rant, she said, "I have a fear" and "do they intend to follow through?"

Notice she said "they," not "he," a tiny slip of the lip that refers to the militia group though the court and the ATF had already stated (under oath) Fincher’s arrest was "not about the militia."

Law of the Courtroom

Displayed in the courtroom of Magistrate Beverly Stites-Jones on both occasions was an admiralty flag (gold-fringed). A Google search by anyone will produce documentation that the admiralty flag’s original purpose/location is for on board ships sailing the high seas where the captain of that ship is the law.

During the Revolutionary War, President Lincoln declared "martial law," which most folks understand "temporarily" replaces our U.S. Constitution in times of "emergency." However, what most folks do not know is that Lincoln’s martial law has never been rescinded [actually, it is periodically renewed] and this country has been in a perpetual state of "emergency" ever since. The emergency is justified by declarations of "war" on poverty, the "war" on drugs and, most recently, the "war" on terror. That is why instead of seeing Old Glory displayed in most courtrooms (federal to quorum), city halls, public schools and many groups and clubs, even churches, the gold-fringed flag has replaced it, thereby symbolizing the ongoing suspension of our Constitution.

Does the presence of the admiralty flag in the U.S. District Court of Sebastian County explain why the U.S. Constitution is observed only when it suits the purpose of the presiding judge? Does this military flag symbolize the nature of the power even Supreme Court justices are drawing from while ruling in direct opposition to our Constitution?

Fincher, who has no criminal history and is a respected and trusted member of his community, has been charged with possession of a machine gun under Title 18, USC, Section 922 (o). However, prior to assembling the gun in question, Fincher and the Washington County Militia prepared and served upon all relevant parties in county, state and federal government, a document called "The Silver Bullet." This comprehensive document is an exhaustive analysis of the militia’s rights and responsibilities under the law and state and federal constitutions. Following is Don Bright’s explanation using the U.S. Code and Article XI of the 1874 Constitution of the State of Arkansas, Sections 1-4:

"By the repeated declarations and legal registrations of the Militia of Washington County (MOWC), it is well documented that Fincher possessed his Browning M1919, .308 caliber arm under the authority of the Militia clause of the Arkansas Constitution (Article 11) and since no local, state, or federal authority disputed MOWC’s right to exist in any timely manner, they agreed, by default, to the Militia’s right to exist and be armed and officered as a military unit of volunteers. As Lt. Commander of MOWC, Arkansas, it would not be unusual for a fully automatic weapon to be in Wayne’s personal possession, at his residence. This would be very much in line with the Swiss and Israeli mode of operation and in accordance with the ideas of the Founding Fathers for defense of this Nation and its several States.

"In short, the BATFE’s argument is with the 1874 Constitution of the State of Arkansas and its Militia Clause (Article 11) and not with Wayne Fincher. The BATFE needs to prove that the MOWC’s understanding of Article 11 of said Constitution is flawed and that the framers of the 1874 Constitution did not have common military arms in mind when they authored, and the people of the State of Arkansas approved of, the 1874 Constitution as written.

"I don’t believe they have a case."

Fort Smith Attorney Oscar Stilley taking Fincher case

It’s official. Long time attorney Oscar Stilley of Ft. Smith has taken on the Fincher case at the rejoicing of those who know both Stilley and Fincher. Trial is currently set for Monday, January 8, 2007 in Fayetteville.

Some of what Stilley must overcome is manipulation of public opinion by mainstream news, such as the coincidental back-to-back airing by Ft. Smith/Fayetteville Channel 5 of two reports involving raids for illegal firearms. The first showed a building that appeared to be in a town where a number of firearms, ammo and hand grenades were found followed immediately by the black ATF agent’s statement about the arrest of Fincher.

Already alerted by a caller connecting the hand grenades to Fincher, I quickly realized the intended message was to make the viewers believe Fincher was tied to the discovery of the grenades, which took place in Johnson, Arkansas, not Fayetteville where Fincher resides. Their efforts were at least somewhat successful. At least three people who saw the news mentioned the grenades to me in connection with Fincher.

Fincher Defense Fund

Solid Christian, patriotic, hard working folks describes the Fincher family, but they are not wealthy. Wayne is fighting not just for himself or the militia, but for all of us; you and me. If he loses, any one reading this could be next. So please give to his defense fund whatever you can afford.

All donation checks/money orders should be made payable to: The Wayne Fincher Defense Fund; and mailed to: Don Bright, 2225 Mockingbird Lane, Fayetteville, AR 72703. Receipts are available upon request.

Please mail ONLY letters, holiday cards or postcards to: Hollis Wayne Fincher, c/o Sebastian Co. Jail, 801 S. A Street, Fort Smith, AR 72901

Also, please send postcards, letters and faxes to Rep. John Boozman with this message: FREE FINCHER! Fort Smith Office: 4943 Old Greenwood Road Suite 1, Fort Smith, AR 72903 Phone: (479) 782-7787, Fax: (479) 783-7662.

Loretta Weston is the editor of The American Family Voice newspaper, PO Box 127, Russellville, AR 72811; 479-880-2026; email: americanfamilyvoice@yahoo.com —Subscriptions: $25/yr.