Hollis Wayne Fincher has been charged with not paying a tax. He was in possession of three home-made machine guns and a short barreled shotgun. The possession of said items without paying a $200 National Firearms Act tax is illegal.

Now, prosecutors say they don’t want all that talk of constitutions and freedom and other things that inconvenience bureaucrats:

Assistant U.S. Attorney Wendy Johnson filed the motion asking U.S. District Judge Jimm Larry Hendren to preclude Fincher and his attorney, Oscar Stilley, from arguing matters of law to the jury as a defense. The government believes Fincher wants to argue the gun charges are unconstitutional and that the prosecution must prove an “interstate nexus” for the firearms, according to the motion.

The government is arguing that it is the court’s role to decide matters of law and to instruct the jury. The jury’s role is to then determine and apply the facts to the law as instructed by the court. The jury has no role in deciding legal issues, according to the motion.

The constitution has no place in our courtrooms. David has been following the case for a while and notes that the fix is in. Fincher’s supporters have launched a public awareness campaign. Hopefully, it includes distributing literature on jury nullification. Or creative ways to kick overzealous prosecutors in the balls.

Posted in uncategorized on January 2nd, 2007 by SayUncle | RSS 2.0 |