Arrest warrant issued for Barton Buhtz

[cigs645]

U.S. District Court
District of Oregon (Medford)
CRIMINAL DOCKET FOR CASE #: 1:05-cr-30047-HO-1

Case title: USA v. Buhtz et al
Date Filed: 09/09/2005

--------------------------------------------------------------------------------
Assigned to: U. S. District Judge Michael R Hogan
Referred to: Magistrate Judge John P. Cooney

Defendant
Barton Albert Buhtz (1)

Pending Counts
Disposition
CONSPIRACY TO DEFRAUD THE UNITED STATES and PASS FICTITIOUS INSTRUMENTS
(1)
FICTITIOUS OBLIGATIONS INTENDED TO DEFRAUD
(2-4)
FICTITIOUS OBLIGATIONS INTENDED TO DEFRAUD
(8-13)

Highest Offense Level (Opening)
Felony

Terminated Counts
Disposition
None

Highest Offense Level (Terminated)
None

Complaints
Disposition
None

--------------------------------------------------------------------------------

Plaintiff
USA represented by William E. Fitzgerald
United States Attorney's Office
701 High Street
Eugene, OR 97401
(541) 465-6846
Fax: (541) 465-6582
Email: bud.fitzgerald@usdoj.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Date Filed # Docket Text
09/09/2005 1 Motion to Seal Indictment filed by USA as to Barton Albert Buhtz, Rebecca Adelle Shollenburg, Steven Douglas Shollenburg, Richard Roy Aquila, Steven Dale Kelton. (Koble, Wendy) (Entered: 09/11/2005)

09/09/2005 2 ORDER Granting [1] Motion to Seal as to Barton Albert Buhtz (1), Rebecca Adelle Shollenburg (2), Steven Douglas Shollenburg (3), Richard Roy Aquila (4), Steven Dale Kelton (5) by Judge John P. Cooney signed on 9/9/05. (Koble, Wendy) (Entered: 09/11/2005)

09/09/2005 3 Sealed Indictment as to Barton Albert Buhtz (1) Counts 1, 2-4, 8-13; Rebecca Adelle Shollenburg (2) Counts 1, 2-4, 9-10; Steven Douglas Shollenburg (3) Counts 1, 5-7, 9-10; Richard Roy Aquila (4) Counts 1, 3; Steven Dale Kelton (5) Counts 1, 4, 8, 12. (Koble, Wendy) (Entered: 09/11/2005)

09/11/2005 Arrest Warrant Issued as to Barton Albert Buhtz by Judge John P. Cooney. Detention Requested. (Koble, Wendy) (Entered: 09/11/2005)

11/17/2006 5 Scheduling Order as to Barton Albert Buhtz. Initial Appearance and Arraignment are set for 11/27/2006 at 01:30PM in Medford before Magistrate Judge John P. Cooney. By Judge John P. Cooney. (wk) (Entered: 11/24/2006)

[bruce77]

Just got this from Barton........

An unprecedented event happened in the USDC court before Judge
Cooney in Medford, Oregon Monday. They were ready to arraign me and
schedule a trial in January. Then I threw a wrench into the works.
I declared for the record that I could not enter a plea until the
Prosecution read and certified ALL the charges into the record. The
U.S. Attorney squirmed at every angle and finally refused. The
judge then stepped in and entered a plea of "Not Guilty." I
objected and told the judge I would not accept his declaration.
Then he declared for the record that he was not qualified,
authorized nor did he have the jurisdiction to hear such a matter.
He then acknowledged that he was turning the matter over to an
Article III judge, Owen Panner. I was to meet with Mr. Panner this
morning and in anticipation of that put together the parameters and
requirements the Article III judge must comply with and the rules
the District Court of the united States of America must follow in
order to hear the matter. Needless to say they are in a quandary.
They now appear ready to quietly dismiss the case and try to put it
behind them. I do not seek revenge, but I am not willing to simply
let them slip by it. I am reminded how Paul the Apostle dealt with
the leaders in Phillippi when he was arrested, beaten and placed in
chains in the town dungeon. The leaders realized their error and
simply wanted Paul and Silas to quietly leave, but Paul demanded
they come and walk them from the jail to the gates of the city. We
seek the same. They have violated my rights and injured us causing
much damage to my reputation and pocketbook. I want that publicly
acknowledged. I want a restraining order against Michael Hunter,
the IRS CID Agent who has displayed that he has a personal vendetta
going against me and my family. The results of all this could well
prove valuable to Eddie Kahn, Wesley Snipes and many others. My
thanks to Winston, Sam, Vince and others. Pray that tomorrow will
bring the results that will be honoring to the Lord and to truth.
____________

[12:19:09 PM] Barton Buhtz says: What USDC judge Cooley did Monday
was monumental! I have talked with several legal experts who are
astounded that this judge stated for the record that his court and
his judgeship did not have the authority or the jurisdiction to hear
this matter! Today at 11 AM PST I will meet with Article III judge
Owen Panner. If they follow the law, rules of court and federal
codes the entire matter will be dismissed today. Pray for me and
judge Panner through the 11 AM PST hour today.

[Ice]

Does anyone have any further news?

It appears to me that Barton Buhtz has a "rogue" agent using the system for a personal vendetta. This would allow Barton a cause against this man in his "personal capacity". I believe that this would be a good strategy because we need to remind those folks that if they do step over the line they will be held personally accountable.

After all, the only thing they could possibly use as a defense is: "I was following orders given to me by... " And that would just enlarge the scope of the suit. Wouldn't it?

[PANICPASS]

[12:19:09 PM] Barton Buhtz says: What USDC judge Cooley did Monday was monumental! I have talked with several legal experts who are astounded that this judge stated for the record that his court and his judgeship did not have the authority or the jurisdiction to hear this matter! Today at 11 AM PST I will meet with Article III judge Owen Panner. If they follow the law, rules of court and federal codes the entire matter will be dismissed today. Pray for me and
judge Panner through the 11 AM PST hour today.
Reply With Quote

I don't think it was so astounding--the judge just passed the dirty work onto another corrupt judge-- a judge who he knows is NOT an Article III judge. You can't just hand off a case like Barton's to an Article III judge - Who does he think he's kidding ?

[Notorial dissent]

The only thing that happened here is that Buhtz screwed up his arraignment hearing. He was not in front of a District Court judge, he was in front of a Federal Magistrate. They primarily preside at arraignments and basic hearings, and in this matter the only real authority they have is to have the basic charges read and accept a not guilty plea from the defendant. Anything else and it has to go to a District Court judge.

If he wants the charges read in excruciating detail, then they will be. Otherwise he has accomplished nothing more than wasting time.

[rentiap]

He was in essence challenging political jurisdiction!
And the lack thereof!

[PANICPASS]

He was not in front of a District Court judge, he was in front of a Federal Magistrate.

What is the difference between a District Court Judge and Magistrate? The District Court Judge could have passed it off to another judge also.

[mrg]

Originally Posted by Notorial dissent

What a jerk he is!!!

Surprise, surprise!

How convenient!

A mere formality, a trifle.

How cumbersome!!

This time it will be a "real" judge?

With a real oath?

And an appointment?

And a commission?

And a duty to prove his "authority?"

And the ability, and substance to do so?

How gauche!!!

Not to mention the waste of honest law abiding "taxpayers" precious "real" "money," which, indeed, truly does go to "pay" for this little carnival sideshow, that somehow does not waste time or money.

What a jerk he is!!

The nerve!

What, precisely, are "basic hearings?"

What, precisely, are "basic charges?"

How do they relate to "charges" and "hearings" that are other than "basic?"

Is one held innocent until proven guilty?

Or, is there even a presumption of innocence?

Is that mythology?

Or legend?

Why is one taken in chains before someone who has no power to "preside" over the procedure of due process?

What is the difference between power and authority?

What, precisely, is "real authority?"

Does authority not involve author?

Why do you say "authority," rather than power?

I do suppose that demanding all of the "excruciating details" pursuant to the cumbersome "niceties" of formal and complete due process, given the proclivities of this current vile foreign force of occupation, might be perceived as amounting, perhaps, to "nothing more than wasting time."

Isn't an "arraignment" where the "presider" (in this case, apparently) notes the
pre-determined decision (by a secreted jury, in a secret "trial" in which the accused is not allowed self defense) that one is guilty and then allows opportunity to "plead" (like a beggar "pleading" "alms for the poor") the "notness" of the guilt?

BTW, do you still beat your wife?

[Friendsplacect]

Well put MRG...
My wife beats me nowadays.

[Notorial dissent]

An arraignment hearing is nothing more than the official notice of the charges against being brought against an individual. It is the right to be apprized of the charges beging brought against the individual. There are no hearings, motions, or anything else at this time, as the only action that can be taken is the entering of the plea, not guilty, by the accused. This hearing notifies the accused of the charges, allows him to officially enter his plea, and sets the date for trial. There is nothing else that can go on here, and it is a standard part of all Federal Trial procedures.