A man charged with possessing illegal machine guns shouldn't be able to make constitutional arguments at trial, according to a motion filed Friday by federal prosecutors.
Hollis Wayne Fincher, 60, a lieutenant commander of the Militia of Washington County, is charged in U.S. District Court with possessing three homemade, unregistered machine guns and an unregistered sawed-off shotgun.
Trial is set for Jan. 8 in Fayetteville.
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.
Damn right--the Constitution has no place in America's courtrooms! Imagine, wanting to "argue matters of law" as a defense!
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