WHITE RIVER VALLEY — I have often written of our beloved Constitution. This was mostly when I felt the Bushian/Chenyite Thugs and their Merry Band of Thieves were stealing our civil liberties. Which they did happily for 8 years.

With that in mind, I would like to introduce readers to a person I’ve talked with and read about for years. Lt. Cmdr. Hollis Wayne Fincher of the Washington County Arkansaw Militia. It’s been said that Fincher intimidated federal prosecutors with his knowledge of our beloved Constitution.

I wrote once that Wayne probably slept with a copy of the Constitution under his pillow and had the Second Amendment tattooed on his chest: “A well regulated militia, being necessary to the security of a free State, the right of the people to keep and bear arms shall not be infringed.” Ask Wayne if he loves America and be prepared for at least a 3 hour lecture on patriotism, civil liberties and the constitution.

There’s no doubt that the Washington County Militia was well regulated, but the part about keeping and bearing arms has some other attachments that make some of the Militia unhappy. They, in turn, make the government unhappy. Wayne decided he was going to test the Federal Firearms Act of 1934, which lists machine guns as naughty weapons that should not be in Americans’ hands. And, I suppose, in non-Americans’. At any rate with spare parts he obtained here and there, Wayne built some air cooled, .308cal, machine guns. He made no secret of having them. He wrote the federal government, the state government, the Governor of Arkansaw and other authorities telling them that he had the machine guns. He even made a film of himself firing the weapon at the Militia’s headquarters on Black Oak Road. I understand the weapon jammed after about 6 rounds, but it did work. There was a front page article about Wayne and the Militia with photos of their weapons in a daily paper. This got the attention of the watchdogs of justice that something might be afoot at the Militia Headquarters. (Had they even looked at his letters?)

So with their usual incompetence the government inserted a federal agent undercover. I never met the man, but I’ve had some experience with federal agents and he seems to fit the pattern. This agent went to meetings, he befriended the members who welcomed him into the group. I heard he even went to their July 4th celebration and enjoyed the chow. For 8 months this fearless representative of law and order spied on the Militia. He even took on the dangerous role of agent provocateur. At a meeting he asked Wayne if he wouldn’t like to wake up a judge by sticking a machine gun barrel in his mouth. Wayne declined the idea and told the agent not to say things like that, the place might be bugged.

On Nov. 8, 2006, in a raid on Wayne’s home by the Federal Bureau of Investigation, The Bureau of Alcohol, Tobacco and Firearms, Madison County Deputy Sheriff’s Office, Arkansaw State Police and an assortment of bomb and explosives experts Wayne was arrested for being in violation of Federal Firearms Act of 1934. I have wondered if the undercover agent and provocateur was in on the raid. Now our beloved Constitution is once again a part of the story.

Article 6 states in part, “In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him....”

A legal document informed Wayne that “the defense is not entitled to such a list of witnesses” against him. Well, there went part of Article 6 of our Constitution. Also, the Prosecution made a motion that the jury not hear the defense. Judge Jimm Hendren agreed and sent the jury out of the courtroom. In fairness the Judge did advise Wayne that the issue before the court (i.e., the charges against Wayne) was not the Constitution, but that the weapons violated the law because they were not registered. But the 2nd Amendment to the Constitution was Wayne’s defense argument. Judge Hendren also stated that no Constitutional issue would originate in his court. (I believe I have read that correctly.) So pray tell me, just where a Constitutional issue is supposed to originate if not in court?

There’s more of course. But having read the main points I can’t help but feel that Hollis Wayne Fincher didn’t get a fair trial before “an impartial jury.” Yes, precedent was followed. The Prosecution and the Judge were right in making the case simple. But it was, in fact, a Constitutional issue which should have been addressed to a jury by Wayne Fincher, Lt. Cmdr., Washington County Arkansaw Militia. Wayne questioned authority. After all, it’s the American way. It got him sentenced to six years. Let’s not forget him.

Question authority. It’s the American way.

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Budd Saunders has an M.A. in History from the University of Arkansas where he lectured the history of Western Civilization.

Opinion, Pages 4 on 10/22/2009

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