Judge unseals document justifying Anderson's detention in Fairbanks militia case
by Sam Friedman / sfriedman@newsminer.com
Dec 07, 2011 | 6739 views | 63 63 comments | 3 3 recommendations | email to a friend | print
download Criminal complaint re: Michael Anderson material witness detention
download Anderson - affidavit in support of material witness detention
FAIRBANKS - An associate of Fairbanks militia-leader Schaeffer Cox will appear in court for the first time today since the FBI took him into custody Tuesday afternoon on a material witness warrant.

Michael O. Anderson, 35, does not face any criminal charges, but prosecutors say he is an important witness in the investigation into Cox and needed to be detained because he was allegedly avoiding a subpoena.

Anderson spent more than six months in jail this year after he was arrested with Cox and three others and accused in state court of planning to kill Alaska State Troopers and court officials.

The state case was dismissed in October after a judge ruled that secret recordings made by two FBI informants without a search warrant were not permissible in court under the Alaska Constitution.

Anderson was released, but the other four remained in jail on either federal weapons charges or, in the case of defendants Lonnie and Karen Vernon, charges related to an alleged plot to kill federal officials.

The FBI took Anderson into custody again Tuesday at the home of his friend Joshua Bennett, where he had been living with his wife for the last few weeks. Bennett said Anderson was taken away by between 20 and 30 armed men wearing bullet-proof vests who would not show him a warrant.

On Wednesday afternoon, a federal judge unsealed the warrant and an FBI affidavit in support of the warrant. The affidavit, by Special Agent Richard Sutherland, adds new details to previous criminal complaints that accused Anderson of being a “computer guru” who looked up personal information on government workers for Cox.

When Anderson’s home was searched after his March 10 arrest, investigators found a notebook with a page that said “Federal Hit List” which included the name of the Deputy United States Marshall stationed in Alaska, Sutherland said. Elsewhere, the notebook contained the names of three Fairbanks TSA employees who apparently would not let Cox pass a security checkpoint wearing body armor and the words “I need the names of federal marshals” along with a note suggesting he consult the paperwork of Karen and Lonnie Vernon. A separate document had research into finding the address of workers from the Alaska Office of Children’s Services who clashed with Cox over the custody of his children in 2010.

After Anderson was arrested in March, he was interviewed about a list of home addresses for law enforcement officers, Sutherland said. Anderson said he spent a day on the computer working on the list for Cox, but later decided the list could be used for violence and that he didn’t “want to go that route,” according to the affidavit.

Since Anderson’s October release, Sutherland said Anderson has not made himself available to be served a grand jury subpoena, boarding up his home on the Elliott highway, not answering his phone and telling his lawyer not to accept the subpoena.

Reached on the phone in his home in Florida, Anderson’s father, Mike Anderson, said he’s previously tried to keep a low profile in the case, but agreed to speak on the record because he believes matters have gotten “out of hand” with his son’s detention Tuesday.

Far from hiding, he said Anderson was in communication with authorities and knew he was wanted at a grand jury in Anchorage.

After Anderson’s release in October, his father said the younger Anderson was in contact with authorities about the grand jury and planned to cooperate because he does not have any information to hide.

“They know exactly where he was,” he said. “They’ve been monitoring our phone calls.”

Anderson did not return to his home on the Elliott highway after he was released because he could not afford to heat it, his father said. A mining engineer, the younger Anderson was in financial ruin after losing a new job he got right before he went to jail, said his father, who has been helping support Anderson’s wife and two young children since Anderson’s arrest this spring.

In addition to losing his job, Anderson’s father said his son lost his ability to fly commercially. While he was in jail, Anderson received a registered letter from the TSA stating he was on a no-fly list because he was on a list of terrorists, his father said.

In general, Anderson said his son was a pacifist, and would have had no part in any plans to kill anyone. The now-defunct criminal case against his him, he said, was based on “pompous” statements Cox made to the FBI’s informant.

Contact staff writer Sam Friedman at 459-7545.
Comments
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Joshuabennett
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December 08, 2011
something for nothing said"Josh seems to think that he has a "right" to see a warrant that doesn't pertain to him just because the target is on his property. Don't think so."

Your right, just because it is on my private property, why would I think such a foolish thing?

Unless it is that we don't have property rights.

SomethingForNothing
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December 08, 2011
Get a lawyer Josh and file suit if you believe that.

See how far you get.

Buick-Mackane
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December 08, 2011
What somethingfornothing neglected to state was that the Supreme Court overwhelmingly favored Ted Chimel against the state and charges were dropped as it found that his rights were violated, that there was already an arrest warrant for him and that it was at his own home that the search took place.

Also , the rule in question pertains to one arrested .

Even this latter aspect possibly presents an issue pertaining to the question of his being arrested or not.
Luntzd
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December 08, 2011
@ islandliver // Dont lump everyone into the same classification.

David Richard Luntz

Retired. U.S. Army. 20 years of defending your right to make stupid remarks like you do.

Desert Shield / Storm I, II & III Vet.

Airborne, Air Assualt and Bronze Star among others.

Oath Keeper, Three Percenter and Citizen Militia Member.

Protector of the Constitution and Bill of Rights

In Service of the Republic

Have a good day Sir
Doug_in_Salcha
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December 08, 2011
I'm glad that I am not Mr. Anderson; it appears to me from several actions over recent years that the Federal Government can be very vindictive to those who do not COOPERATE fully with them in their Witch Hunts (excuse me, Trials). If you don't say exactly and precisely what they want to hear, they will examine every word you said to the nth degree searching from something that they can 'build a case around' to charge you with Perjury (and as many other things as they can dream up). Do EXACTLY what they want or you're going to prison!
really_wow
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December 08, 2011
This occurred just in time for the returning GIs to see that America is becoming the New Iraq or New Afghanistan.

I hope every GI takes note this happened on Dec. 7 the 60th anniversary of Pearl Harbor.

I hope every GI & all GI's family members read & comprehend the National Defense Authorization Act that removes American freedoms.

And directs the military against Americans & American rights & freedom.

Congress has made America a military country.
Yota99714
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December 08, 2011
I'm sending a copy over in each and every care package I send to the sandbox right now, so our guys can see that Congress (or at least for now, the Senate) has lost its dayem mind.
Joshuabennett
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December 08, 2011
Mr. Dukes said on the radio last night that it looks like I have been lied too by Mr. Anderson when I said that he was cooperating.

Nice Mr. Dukes, why are you towing the Fed line? You KNOW for a fact that the Feds lie. Mike was served a subpoena in November, and he was dismissed from it. It is well known that I am Michael's friend, and I was never contacted by the police. It's so very odd that they had no way to get ahold of him for a subpoena, but they had no problem finding him to ARREST him. Yes, I still hold when armed men put handcuffs on you, it is an arrest. And if these armed men want to accost my or anyone's home, we deserve to see a warrant! That is our Right! Not a photo copy after the fact in the newsminer. I must be right, if they felt the need to "provide" it to the public.This whole thing is bogus and weak minded statist eat whatever is fed to them. And I was the one lied too. Wow. Pathetic.

His hearing isn't public. He has been in jail 2 more days!
SomethingForNothing
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December 08, 2011
Josh seems to think that he has a "right" to see a warrant that doesn't pertain to him just because the target is on his property. Don't think so.

He's troubled by the fact that "20-30" armed agents executed that warrant. I can sympathize that while that may be disturbing to him and his family, given mr. anderson's association with people who apparently plotted to kill and/or kidnap people, as well as the Bennett bros own statements, I think it only prudent that the warrant was executed as it was.

SomethingForNothing
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December 08, 2011
And oh....

"I must be right, if they felt the need to "provide" it to the public."

This kind of statement is very cox-like. I think you're smarter than that Josh.
islandliver
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December 08, 2011
SO now the authorities are suppose to deal through Josh. He must be the new anointed leader of the Sovereign Citizens. Why else would he expect to be contacted before anyone dealt with Anderson?

Bye the way there is a slightly different version of this in the Alaska Dispatch. It would not change anyone's position on how the see this but it might show how the media can make different views of the same issue.
Joshuabennett
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December 08, 2011
Islandliver, they say in the affidavit that they tried to reach him through associates. Which ones? I am saying they knew he was staying with me, obviously, and they never tried to contact me to reach him. How is that me claiming to be a leader?

SFN, it darn well does pertain to me WHEN THEY COME IN MY HOUSE. Are you kidding? You don't think so or you don't think? Read the 4th amendment. Quit letting hate and bias make your decisions. If it doesn't apply here, then it doesn't apply anytime.

And don't patronize me by calling me Cox-like and I'm smarter than that,I am not going to quit telling the truth for fear of being labeled.I am not being arrogant,I am upset. We all want to see "justice" in this 241 case, but we give the Feds a pass, when they do unjust things.
popabear
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December 08, 2011
4th Amendment says that a home is secure from search without a search warrant. Josh Bennett had every right to see a warrant that permitted Feds to enter his home. How can anyone say that Josh did not have that right?

The Feds (Mr Southerland)made only a febble attempt to locate Michael. They have phone numbers and monitor his wife's and family members phones. Any of us would have directed them to Michael if they had asked, but they didn't try. Nor did they ask any of his friends. Mr Southerland in his affidavit makes it sound like they did a vigorous search for Michael but the United States FBI couldn't locate him in tiny Fairbanks. What a Crock! The reality is that they wanted to arrest him as a suspect and hold him until Cox's trial in April. This was the only legal way to rob him of his rights and keep him locked up without charges filed against him. There is no time limit for a MW warrant
SomethingForNothing
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December 08, 2011
Josh I'm not a constitutional lawyer, but like you I do play one on the internet. And you are just plain wrong in thinking that the police need an additional warrant to arrest someone on your property. In fact, they can do far more than just arrest someone with re to searching the property where that person is found.

"An exception to the warrant requirement is searches incident to a lawful arrest. This is also known as the Chimel Rule after the case that established it, Chimel v. California. This rule permits an officer to perform a warrantless search during or immediately after a lawful arrest. This search is limited to only the person arrested and the area immediately surrounding the person in which the person may gain possession of a weapon or destroy or hide evidence."

Now if you feel your rights were trampled on get yourself a good lawyer and file suit. Of course, any honest lawyer won't take your money, cause your claim wouldn't be found to be valid.

Joshuabennett
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December 08, 2011
Somethingfornothing, the case you are talking about is AFTER the fact of a lawful arrest.

You MUST HAVE THE WARRANT IN THE FIRST PLACE FOR THAT ARREST TO BE LAWFUL.

If I did need a lawyer to explain what the 4th amendment to the constitution was and meant, it certainly wouldn't be you.
SomethingForNothing
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December 09, 2011
Then why don't you file suit?

Either do something about or quit complaining.
maverickster
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December 08, 2011
The underlying fascism of the feds is becoming ever more apparent.

Not under arrest but carted off to FCC and needs bail to get out...?

Arrest = kidnap. Bail = ransom. Secret State Police = GEheime STAat POlizei = GESTAPO.

Wilkommen zum der amerikanisher reich.
snow_ball
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December 08, 2011
What an ugly mess to sort out.

Cox and his buddies were hoping in that which is passing away. This nation will never return to what it was in its infancy. We have passed the point where the 2nd Amendment can bring about its original intent.

The heart of the nation wants a "mommy government" who will give it all it needs, instead of seeking after hard work, personal responsibility, and the Lord God who sustained the people when the nation was born. Hence, the people will unknowingly vote for their very own enslavement.

Observing this failed patriot movement from the outside sure makes me ponder where my greatest hope needs to lie --> living a quiet and peaceful life in the Lord while upon this earth, while preparing for an eternal home with God.
aksala
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December 08, 2011
Wonder what will be next. Wonder if they moved the other 3 to Anchorage jail to keep them away from this one in the Fairbanks jail. Get the feeling there will be more to come. Who knows what deals will be made and who else will be charged before this is over.
twain
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December 08, 2011
Buick and Longhornak.... I am amazed at how many are ready to just dismiss the warrant as not being necessary. From my past posts you know I am no fan of Cox and his cohorts. Frankly I want to see them prosecuted to the full extent of the law IF the feds have the goods on them. I dont want their constitutional rights violated in the process...they are inniocent until PROVEN guilty. I dont want to see them abused while in custody.

This is why the sealing of this warrant by the judge is so important. I wont argue at what point it was sealed....just why was it necessary to sealt...period. If they are relying on the patriot act for doing it...that shoud scare the hell out of every freedom loving american who belives our constitution means anything. Dont forget your elected congress gave them this unconstitutional powers and then renewed it. Anderson is no Al Capone...just a local thug, but no reason to use gestapo tactics in america.
longhornak
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December 08, 2011
Twain, well said.

I admit back in 2001-2002 I supported the patriot act. I admit back then I was wrong. It's a shame that both parties support it now.
SomethingForNothing
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December 08, 2011
As I recall there is nothing new about sealed warrants. They have existed long before the PA.

Obviously, they are sealed to prevent the subject of the warrant from taking a hike. Once there is no longer a need for that secrecy they are unsealed, as in this case.

okoyukon
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December 08, 2011
From Lord of the Rings:

Sam: " I know. It's all wrong. By rights we shouldn't even be here. But we are. It's like in the great stories, Mr. Frodo. The ones that really mattered. Full of darkness and danger, they were. And sometimes you didn't want to know the end. Because how could the end be happy? How could the world go back to the way it was when so much bad had happened? But in the end, it's only a passing thing, this shadow. Even darkness must pass. A new day will come. And when the sun shines it will shine out the clearer. Those were the stories that stayed with you. That meant something, even if you were too small to understand why. But I think, Mr. Frodo, I do understand. I know now. Folk in those stories had lots of chances of turning back, only they didn't. They kept going. Because they were holding on to something.

Frodo: What are we holding onto, Sam?

Sam: That there's some good in this world, Mr. Frodo... and it's worth fighting for.

just-saying
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December 07, 2011
Interesting question raised earlier: What are the policies/requirements of a sealed search warrant? Are SW's usually sealed, or is this done only rarely?

Great if NM would do a little investigative reporting in this matter. (Thanks!)

.
SomethingForNothing
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December 07, 2011
Geez, the sovereign citizen and oath keeper nuts are out in force. I'll give you all a nickel each to go back to Texas or Idaho. 8pm Friday we will hand out the nickles at Denny's. Then you can head down airport way, make a right on the rich and just keep going.
FairbanksOptimist
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December 07, 2011
The lead FBI agent has been with the FBI since 2009. So we have a probable 20-something leading this case? I got the warm fuzzies that is going to go well...
brilliant_disguise
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December 08, 2011
How and why do you know this, FairbanksPessimist?
FairbanksOptimist
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December 08, 2011
Unbrilliant - because it says so in the warrent. Can you read?
AKrodman1969
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December 07, 2011
I see something familiar here. A military authorized to arrest people determined to be an enemy of the state and hold them indefinitely. A Federal/National police force allowed to spy on citizens and arrest/detain them without cause. A powerful central government with absolute power while still allowing limited free enterprise. A strong central propoganda machine. Absolute financial control.

Hmmm, where did I read about something similar....hmmmm. OH YEA, the National Socialist Party. Yes indeed, Nazi Germany. Look at all the anti-semitism from OWS. Those damn rich Jew bankers are the reason that we are poor (please take no offense to this if you are Jewish, it is making a point).

I now direct my attention to Exibit A: BullMooseParty and other Progressives. YOU are the real brow shirts. Civil rights and individual liberty have no meaning if they impede your agend. Brian
popabear
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December 07, 2011
You can also add China, Sryia, Pakistan, Afganistan, India, Burma, a whole slew of South American countries and the whole continent of Africa to your list. Now you can also add USA as we are all on the same road into history as the Nazis. Protect the government(dictator, strongman, presidentee or whatever you call him) at all cost. The rest of us don't need no rights since we are expendable anyway. We had rights but gave them away for security.
longhornak
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December 07, 2011
You're just jealous because I won't share the carpet with you.

YUM!
AKrodman1969
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December 07, 2011
To BullMooseProgress regarding my below comment-

What makes you think for one second that I agree with the 241 plot? I, like others here, simply bring up the bigger picture this investigation. I am quite indiferent to the plight of these individuals pending a FAIR trial by a jury of their peers while protecting their rights under the Constitution. Is that a bad thing...oh, silly me, you are right. Burn them at the stake because they have views counter to yours. If our history books weren't written and taught by individuals such as yourself, we wouldn't find ourselves in a lot of our current mess. Highlight the greatness of the likes of Lincon, Teddy Roosevelt and FDR while giving little attention to Jefferson and Adams. What a shame.
longhornak
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December 07, 2011
I have no issue with the warrant. I do have an issue with it not being shown when they came and picked Anderson up, especially when there was 20 to 30 armed men.

Tatics like this concern me.
islandliver
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December 07, 2011
Whose claiming the did not see the warrant? The wife, the witness(s) or the person for whom the warrant was issued. So far the observes are the only ones claiming they were not shown the warrant. I know of no principle of law or constitutional provision that say everyone at the scene of a detainment has the right to see the warrant. So when I hear Anderson make a statement that he was not given an opportunity, not just that he did not see it, I'll await his version of the story.
popabear
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December 07, 2011
I spoke with Michael Anderson last night after he had been in jail for several hours. He said that they did not show the warrant to him at the house and had not shown it to hime as of late last night. I forgot to ask him tonight if he had seen it but did tell him that it had been published for all to see. Josh Bennett, the owner of the house, should have a right to see the warrant if the Feds want to enter his home and Michael had a right to see the warrant as it concerned him. Oh well, who are we to question the "authorities". They are way to busy making up more fallicies to be bothered by we who would like to protect our rights. Meanwhile, the Feds haven't bothered to tell him when or if he will have a hearing, or when he will be required to testify before a grand jury. This is just their way to get revenge on him for being a free man for a short while.
longhornak
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December 07, 2011
OK islandliver, I will wait for more information. You will have to forgive me for being a little suspicious. I personally would want to see some documentation if they came on my property though.
spaceman
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December 07, 2011
In case some of you forget, these people were plotting to kidnap and murder. If children were present during the attempted abduction, would they have killed them too? The evidence of their crime is irrefutable, regardless of whether it was obtained with or without a warrant. Hang 'em.
longhornak
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December 07, 2011
And in case you forgot, we are a nation of laws with this pesky thing called a constitution. I'm not sure on guilt/innocence and have no sympathy for them, but if we violate our core principles, what does that make us?

I'm assuming though you are a full supporter of the patriot act, so I guess my opinion doesn't matter to you...
okoyukon
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December 07, 2011
Where are you getting your irrefutable evidence from? Have you listened to the tapes? Site your source.

Anyone who is quick to "hang" these guys out to dry should leave this country. You are Anti-American. We have due processes for these things and thankfully these men still have those things to assist them. Until you know their characters personally or the details of the case I think it best to withhold your judgments. Coleman Barney has 5 kids of his own and would never hurt anyone else's kids, but unless you knew him personally you wouldn't know that.

Sincerely, Chelsea Barney sister in law of the accused Coleman Barney
longhornak
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December 07, 2011
Wow, what an argument Vanitymocker! You have destroyed my argument with the awesome power of your mighty logic! I am humbled by your mere presence!

And to think, my only superpower is to type while in a straightjacket...
Joshuabennett
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December 08, 2011
Spaceman, what evidence can you share with us that shows this crime? Irrefutable? HAHAHA. I can refute it. Now, there IS irrefutable evidence that the Feds DO kill children, Ruby Ridge, Waco.

In case you forgot.
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