VoteKansas.org

By Loretta Weston, editor American Family Voice news

On Wednesday, November 8, 2006, 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 raided the home of and arrested 60-year-old Hollis Wayne Fincher, who resides near Fayetteville, Arkansas in Washington County for allegedly possessing illegal firearms. According to the ATF press release, Fincher was arrested as part of the federal gun violence prevention program, Project Safe Neighborhoods, which locals claim has ignored the growing gangs in the area.

Held without bond, Fincher is well known in a community that largely supports Christianity and patriotism and has been leader of the Washington County Arkansas Constitutional Militia group whose motto is "Defending Liberty and serving Washington County since 1994". Along with the group's self defense expertise, they have continued to be out front in education regarding the Arkansas State Constitution and have the fruits of their diligence "The Silver Bullet" available on their web site at www.arkansasmilitia.com for all interested parties, which was described in federal court as "the rebuttal to the National Firearms Act" regarding the regulation of machine guns.

On the afternoon of November 13th, in Ft. Smith, Arkansas's Federal Courthouse in the presence of a gold-fringed flag and a swearing in that failed to include "so help me God", ATF Senior Special Agent Wade Vittitow testified that he "could not follow the logic of The Silver Bullet", but according to the U.S. Code Book, possession of a manufactured machine gun is against the law.

For generations, independent students of law have agreed that each state's constitution supercedes the U.S. Constitution regarding matters within the individual states. The Washington County Militia group not only did their homework researching and studying Arkansas' constitution regarding the rights and powers of militias, but also provided the results to all authoritative peace keeping ("law enforcement") agencies within Arkansas, including the governor's office and their local sheriff. Several months ago, Fincher said the group had never received a response from any of their mailouts and that their local sheriff was fully aware of the group's activities and had been since their founding in 1994. One, then, could only believe that those agencies had no quarrel with the facts presented.

Vittitow also testified that Fincher's arrest was the result of an 8-month investigation brought about by an article (submitted as Exhibit 1) by John T. Anderson in The Morning News of Northwest Arkansas published on March 18, 2006. Was this another case where several people were presented in the article to make their target boy (Fincher) appear less obvious? Also addressed in the article entitled, "Fringe Adorns Citizenry" were Loretta Weston, editor of American Family Voice news from Russellville, which "warns of 'Big Brother' coming" and Dave Wilson of Bentonville who educates folks "who worry about their version of Big Brother" about how to properly respond to "notices from government agencies and the IRS, as well as how to avoid having your child removed from your custody by 'political extremists.'"

Anderson led into his section on the Washington County Militia group by providing the opinion of Mark Pitcavage, a Columbus, Ohio-based fact-finder for the Anti-Defamation League, which "monitors militias and other groups that it deems potentially dangerous."

According to Pitcavage, "militias in general are potential breeding grounds for violence" and, "(Militias) have extreme views. They are heavily armed."

"Extreme views"? Fifty years ago, Pitcavage's opinion was considered an extreme view.

"Heavily armed"? When compared to their most likely confronter (federal government), one could say that their arms are grossly light weight.

After sitting through Fincher's arraignment, listening to the questions and answers, several other questions came to mind: 1) Was it really the weapons that made the Washington County Militia group's leader a threat? 2) Or was it Fincher's ability to think for himself, his intelligence and leadership level that frightened the Feds?

Despite the repeated answers by Vittitow that Fincher had no criminal background, had never exhibited violent behavior, had lived on the family homestead all his life, and had family members close within the area, Banks remained adamant that this 60-year-old, over-weight man who exhibited respiratory problems in the court room was a flight risk.

Vittitow further stated that, should Fincher be allowed to return to his "remote" (boondocks) homestead, the ATF agents' element of surprise was past and that from his mountain top, Fincher could pick them off with his 50 caliber (legal) as they were forced to either walk the mile into the house or maneuver slowly up the rough, rocky road.

While Judge Beverly Stites-Jones cited Fincher's right to free speech, she questioned the safety of ATF agents and the public should Fincher be released on bond. Conditions for such release included, but were not limited to: 1) posting the property deed to the Fincher family 120 acres as bond to assure Fincher kept his court date (not set), 2) live with daughter's family during trial, who reside in Farmington, 3) have no contact with any militia members or attend such meetings during trial.

To recap, Fincher is being treated like a criminal, yet under the Arkansas Constitution, has done nothing illegal. (In fact, his attorney pointed out the DIC Act of 1903 refers to military as 1) the standing army, 2) the National Guard, 3) the unorganized militia and this act has never been repealed.) Fincher has no history of violent behavior, yet both the ATF and the judge have seemingly unfounded reason to fear him. Fincher has agreed to turn over his legal guns and "fight the war" in court, yet the Fed considers him a flight risk.

Perhaps the most confusing of all is that the Washington County sheriff, who was fully aware of the group's activities, had the legal power to boot the Feds out of the county. By assisting with Fincher's arrest, he has violated his oath of office and is subject to impeachment by the people.

Many in the truth movement believe that 60-year-old Hollis Wayne Fincher, the loving husband and father they describe as "the gentle giant", is to be the first victim of the recently passed Military Commissions Act, an example to be made to keep the remainder in line. Will the Arkansas Constitution stand in Fincher's defense? Will "The Silver Bullet" provide the justice in the courtroom that has been mysteriously missing? Stay tuned - this courtroom war could last a while.

Source: American Family Voice news, P. O. Box 127, Russellville, AR 72811, 479-880-2026, americanfamilyvoice@yahoo.com - $25/yr. (published monthly).