The next day after Michael’s interview with Scott Bennett and Michael Jay on Truth Unite, Michael met with his lawyer and he fired him. Michael was wavering because he always likes to give people the benefit of the doubt that they have good intentions. What put Michael over the top was when he asked his attorney why he didn’t object to the 2004 case being brought into the pretrial. His attorney said, “what was there to object to?” Really? It took nanoseconds for me to think of the word relevance when it was brought up during Michael’s first hearing and it took all the self-control I could muster not to stand up and say, OBJECTION: RELEVANCE (I grew watching Perry Mason). I waited for Michael’s “substitute” attorney to do it, but it didn’t happen.
There have been three pretrial release hearings for Michael and at each hearing, the Assistant US Attorney, Nathan Lichvarcik, has focused almost entirely on the 2004 case at which Michael was not a defendant. Unbeknownst to us, the long delay between the May 23 hearing and the July 15th hearing was so that Lichvarcik could contact the Tennessee court and the people named in the 2004 case to get more information on it. He’s trying to put Michael on trial for the 2004 case.
The case in Tennessee actually began in 2001 or 2002. Before, during and after that trial, Michael worked in the gun business for Class II dealers and he continued to sell guns at gun shows. When Michael moved to Idaho, he worked for Gerry Sweet building and selling guns. Gerry Sweet was a Class II gun dealer and at one time, he had been a state senator and a law enforcement officer. While working for Jim Weaver, Michael continued to have contact with law enforcement and the ATF. You can’t be in the gun business without the ATF being your “constant companion”. Also, since Class II weapons are for the most part, sold to the military, and to law enforcement, they are your customers as well as your overseers.
[Note: correction 7/28/2016 – Mr. Sweet’s name was corrected. It’s Gerry Sweet and he is on Facebook and still in the Class II weapons business.]
In Lichvarcik’s motion to oppose Michael’s release on the grounds that he was a danger to the community and a flight risk, he cited the law under which he was including the 2004 case.
III. APPLICABLE LAW
A. Rules of Evidence Do Not Apply at a Detention Hearing
The Federal Rules of Evidence do not apply in pretrial detention proceedings. Fed. R. Evid. 1101(d)(3); 18 U.S.C. § 3142(f). Accordingly, both the government and the defense may present evidence by proffer or hearsay. United States v. Winsor, 785 F.2d 755, 756 (9th Cir. 1986); see also United States v. Bibbs, 488 F.Supp.2d 925, 925 26 (N.D. Cal. 2007)
Under the Bail Reform Act, 18 U.S.C. § 3142, et seq., which governs the detention of a defendant pending trial, the Court shall order a defendant detained if, after a hearing, it finds that “no condition or combination of conditions will reasonably assure the appearance of the person as required and the safety of any other person and the community.” 18 U.S.C. § 3142(e).
…The United States bears the burden of establishing danger to the community by clear and convincing evidence; risk of flight need only be proved by a preponderance of the evidence. United States v. Aitken, 898 F.2d 104, 107 (9th Cir. 1990); Winsor, 785 F.2d at 757.
…In determining whether pretrial detention is appropriate, the court should consider four factors:
(1) the nature and circumstances of the offense charged;
(2) the weight of the evidence against the defendant;
(3) the history and characteristics of the defendant, including the person’s character, physical and mental condition, family and community ties, employment, financial resources, past criminal conduct, and history relating to drug or alcohol abuse; and
(4) the nature and seriousness of the danger to any person or the community that would be posed by the defendant’s release. United States v. Hir, 517 F.3d 1081, 1086 (9th Cir. 2008); see also 18 U.S.C. § 3142(g).
By those four factors, Michael should be out of jail awaiting trial. That’s worst case. Best case would have been for Michael’s attorney to put the government’s case on trial including impeaching the allegations of Marc S. “Doc” O’Dell’s, putting his character on trial as a government protected career criminal paid informant, examining the integrity (lack thereof) of O’Dell’s FBI – JDL handler and an examination of the motivations for the entrapment of Michael Emry who was engaged in establishing a media operation when he was approached by Marc O’Dell.
Because of the way the pretrial trial works, I decided that I needed to put the MSO File (Marc S. O’Dell) in the public domain so that it could be used as “heresay” evidence to expose the character of O’Dell so here it is – all 296 pages of it plus a couple of separate files – one with color pictures of O’Dell giving the Nazi salute with the skin head group he was obviously leading. Putting it in the public domain makes it fair game for court.
Marc S. “Doc” O’Dell… This is Your Life
MSO History File – compiled information from the MSO Victims Forum and other websites.
And here is the video news story about O’Dell’s fake charity:
And here is the front page from the website of the fake charity:
In 2015 (as I recall), the Long Box Ranch owned by either Harry Stangel or his brother – not sure which, was put up for sale. It was listed on the Land and Farm property website. The listing is no longer there – and curiously, it isn’t in the archive either, but, as a long-time researcher, I know enough to capture important information when I find it. O’Dell talked to Michael about converting one of the buildings on the ranch to be a shop for building guns legally under a Class II license.
It’s clear to this writer that what has been done to the justice system is that the real trial has been moved to pretrial – but without constitutional protections for the defendants. Allowing hearsay evidence at pretrial that includes past cases irrelevant to the current case, unchallenged witness allegations through the prosecutor, and newspaper articles written by scurrilous media hatchet men all of which prejudices the court, prejudices the future juries and convicts the defendant on evidence that would never be allowed at trial is systemic corruption. It makes the actual trial proceeding merely perfunctory.
This is the mechanism that allows the unscrupulous media to convict people based on unproven allegations. It doesn’t matter if the person is innocent. Their lives are destroyed by the process itself.
In Michael’s case, any halfway competent defense attorney could have – and would have argued forcefully opposing not only the introduction of the 2004 case, but he would have focused on the fact that Michael was not a defendant, Michael has no criminal history and that Michael continued to work in the Class II gun business in close contact with both the ATF and law enforcement before, during and after the 2004 case. If Michael was dangerous, surely someone in the ATF or law enforcement would have detected it – because that’s what they do for a living right?
A competent attorney would also have brought up the fact that Michael was in Oregon to provide media coverage for the January 2nd rally for the Hammond Family and that he stayed to cover the story as it unfolded. I don’t recall ever hearing from either the defense attorney or the prosecuting attorney that Michael is media. He owns licensed news agency and he was in Oregon as media. Granted, he is not a bubble-headed, bleached blonde who wears tight sweaters and displays cleavage but he didn’t need to be since he wasn’t selling sex – calling it news. He was in Oregon to report the truth on the ground since the despicable mainstream media as represented by Les Zaitz wouldn’t do it.
Let’s Make a Deal
When Michael was telling me about the extortion offer of a deal… he told me they said, what can you give us Michael? How about Jim Weaver? Why would Lichvarcik want Jim Weaver? He didn’t do anything wrong – but he is a licensed Class II gun dealer. How about Ammon Bundy? What can you give us on him? At this point, it should be noted that what Les Zaitz wrote – and the informant, Marc O’Dell presumably swore to in his deposition is that Michael wanted to get the Browning M2 to the refuge but he couldn’t because of law enforcement presence. That one Big Lie is easily dis-proven and it alone discredits Mark O’Dell’s testimony.
So why should you care about any of this if you don’t know Michael? There are two reasons.
- Our criminal justice system has become a profit-making business that creates and exploits human tragedy. This is a capitalist country so everybody understands incentives. The incentives in the system itself are to destroy people for profit. You might think that the judges and prosecutors aren’t corrupt but I’d be willing to bet that if you pulled apart their financial lives and the lives of their family members and friends, you would find the reward money and/or perks flow. It might come from jobs for a family member through a non-profit or a foundation, sweetheart deals on homes or cars, etc. There is simply too much money to be made by setting up people and sending them to prison. All you have to do is look at the length of the prison sentences, look at the parasitic businesses that the government contracts with for “services” like drug testing, counseling, look at the money to be made on young people in prison industry jobs working as slave labor. Those are just a few of the most obvious profit centers. From top to bottom our criminal justice system has been corrupted by privatization and profit-making incentives. This country cannot be considered a moral and just country when the underbelly of it is so dirty, disgusting and immoral.
- This one is more for law enforcement officers and gun owners. You might want to think very carefully about this. Michael is a recognized expert in Class II weapons. He can not only build them from parts kits, he can rebuild and repair them by fabricating parts from other guns as needed. In short, Michael is part of the supply chain for your weapons. As you watch the Soros-funded communists in the streets of the urban areas and you see how they are being protected and allowed to riot and instigate a war on the police, you should be thinking strategically and you should recognize that YOUR supply chain is being attacked from the rear.
Michael Emry and men like the Bundys and the other men who sacrificed themselves to call attention to the criminal and un-American activities of the BLM – they bleed red, white and blue. They would be the first in line to step up to back you up when the communists move their war to the rural areas. They would do it for their families and their neighbors and that’s pure Americana and war is being waged on them through the criminal justice system – for profit and for political purpose. If you think for one minute that by joining with the criminals against Americans, that you will be protected, think again. This is a high stakes “game” for control of our country and they will squash you like a bug when you are no longer useful.
The only way we will be able to take back our country from the globalist/communists is to return it to the moral foundation upon which it was built. Notice that I didn’t say religious. Notice I didn’t say constitutional. I said moral and a good place to start bringing morality back to government is to start with the criminal justice system because it’s thoroughly corrupt. Unless and until it operates from a moral foundation for the benefit of the people of this country – including the people who come in contact with it, nobody is safe.