An indictment that came back pretty fast

Posted by $ blarman 8 years, 2 months ago to News
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I'd love to get a lawyer's take on this. The biggest sticking point is the obstruction charge, because there were no employees stationed at the refuge to interfere with.

And why hasn't this been used before to prosecute those who take over other public facilities like statehouses, etc.?
SOURCE URL: http://bearingarms.com/indictment-charges-16-oregon-wildlife-refuge-standoff/


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  • Posted by dukem 8 years, 2 months ago
    The message is clear: You are free, up to and until you start exercising that freedom, then we will show you who are the masters and who are the slaves. Understood?
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    • Posted by ewv 8 years, 2 months ago
      They incarcerated the Hammonds for 5 years over a trumped up "terrorism" charge for lighting a grass back-fire as a fire break without a permit. So why not "conspiracy" for a protest in a public parking lot that no one goes to in the middle of nowhere in the winter?

      Under tyranny, whatever government does is legal because it is government. They have so many overlapping, contradictory laws and regulations that they can "get" anyone for anything they want. How long before this forum is deemed part of a "conspiracy"?

      "'Did you really think that we want those laws to be observed?' said Dr. Ferris. 'We want them broken. You'd better get it straight that it's not a bunch of boy scouts you're up against—then you'll know that this is not the age for beautiful gestures. We're after power and we mean it. You fellows were pikers, but we know the real trick, and you'd better get wise to it. There's no way to rule innocent men. The only power any government has is the power to crack down on criminals. Well, when there aren't enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws. Who wants a nation of law-abiding citizens? What's there in that for anyone? But just pass the kind of laws that can neither be observed nor enforced nor objectively interpreted—and you create a nation of law-breakers—and then you cash in on guilt. Now that's the system, Mr. Rearden, that's the game, and once you understand it, you'll be much easier to deal with.'" - Atlas Shrugged
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      • Posted by CircuitGuy 8 years, 2 months ago
        "They incarcerated the Hammonds for 5 years over a trumped up "terrorism" charge for lighting a grass back-fire as a fire break without a permit"
        It's absurd: a five-year sentence of a fire that didn't hurt anyone and was set to protect their property. The AS quote applies.
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        • Posted by freedomforall 8 years, 2 months ago
          Yes, it's an absurd punishment, just as burning to death was an absurd punishment for the innocent people at Mount Carmel, and death by an FBI assassin's bullet was absurd punishment for Vicki Weaver who was guilty of nothing.
          This is what the statists do to innocent people when they have power.
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          • Posted by $ jdg 8 years, 2 months ago
            The charge was not terrorism but arson. But the really outrageous thing about it is that neither the 9th Circuit nor the Supreme Court was willing to even consider upholding the trial judge's ruling that the mandatory minimum sentence in the statute violated the 8th Amendment.

            The Constitution is supposed to protect us against this stuff. But it doesn't work if the judges tasked with applying it are all biased and evil. At that point it really is necessary to open the fourth box. The Bundys were right. I was wrong to say their action was premature.
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            • Posted by ewv 8 years, 2 months ago
              The Hammonds were convicted for a minimum 5 year sentence under a "terrorism" law. Their actions were described as "arson" to rationalize the "terrorism" accusation. Lighting a grass back-fire to stop a bigger fire isn't "arson" either.

              The refusal of the higher court to consider this abomination only multiplies the injustice, taking it to the highest levels of sanction.

              Trying to directly take on the Federal government with a defiant "occupation" out of frustration over having no recourse is hopeless and only sets them up for more persecution -- like the Federal ambush-murder and the rest of the grasping for the maximum punishment mentality intended to intimidate everyone.

              Adding insulting injury to injury by smearing them in the media so that few ever hear what has been happening only serves to further bury the Hammond story and the century of progressive Federal lands tyranny.

              Agree with the Bundy group's methods or not, it is obvious (to us) that they and those supporting either them or the more passive peaceful protests are being driven to distraction by this nightmare universe of compounded injustice of A is non-A. Their plight is being generally ignored and they become more desperate as what little they try to do is further used against them to drive the stake in deeper. It truly is a nightmare universe.
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      • Posted by $ 8 years, 2 months ago
        Yes, and there were three serious problems with the conviction. One, it was double jeopardy. The Hammonds had already been tried and served minor time for setting the backfire. That the judge allowed the second case was a miscarriage of justice. Second, the actual trial was rigged. The government prosecutors were given nine days to make their case and the Hammonds were cut off after one. Also, the primary witness - the Hammonds' grandson - should never have been allowed to testify because he's mentally unstable. Third, they tampered with the jury pool by disallowing any ranchers from sitting on it - those who know how to manage land using backfires.

        The whole case was an example of just how bad the system has degenerated.
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        • Posted by $ MichaelAarethun 8 years, 2 months ago
          'jury of your peers' apparently the judge forgot those three words
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          • Posted by $ 8 years, 2 months ago
            "forgot" would be putting it gently. The more you dig into the actuals of the case, it looks like collusion. I only wish the Hammonds had had a better lawyer and appealed to have the case thrown out.
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            • Posted by $ MichaelAarethun 8 years, 2 months ago
              Here's something to try. Check and see how many people ran for that Judges postion or as is all too often the case it was one candidate who only needed one vote. It might be an appointed position which is worse yet. but the one candidate races that don't have a none of the above or a yes and no option have done more than their share of damage.
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    • Posted by $ winterwind 8 years, 2 months ago
      Can anyone whisper "jury nullification"?
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      • Posted by freedomforall 8 years, 2 months ago
        That is effectively what the judge does. He nullifies the jury's role completely and guarantees biased "justice" ONLY for the federal prosecutors.
        (It's the opposite of what jury nullification should do, that is, prevent corruption of the justice system.)
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      • Posted by $ 8 years, 2 months ago
        That would have been great, but the judge in the case tampered with the jury by booting anyone who had been a rancher. They actually had to bring in outsiders because they claimed they couldn't find "non-biased" jurors. Those who they brought in were city-slickers ignorant of range-management practices.
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      • Posted by $ MichaelAarethun 8 years, 2 months ago
        If it is a jury trial where does the judge get off nullifying anything? In a jury trial the judge is a referee of sorts nothing more. Otherwise why bother people and interrupt their lives.
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  • Posted by Flootus5 8 years, 2 months ago
    The Sheriffs Statement has a number of problems with it.

    "Our founding fathers created a system of government consisting of three branches: legislative, judicial and executive." Actually, this had been going on for quite some time, i.e. all the way back to the original Roman Republic. The founding fathers built upon these precedents. And can we have any mention of legislative, judicial, and executive branches in both State and federal government with separation of powers between them both horizontally and vertically?


    "Under our system of government, the judicial branch is given the authority to interpret the Constitutionality of our laws." Well no, The Supreme Court assumed that duty in Marbury v. Madison.

    "We are a nation of laws, and the executive branch cannot override the laws passed by the legislative branch, " Uhh, maybe it is just this very infraction that is part of the root cause of this situation? And when the systematic pattern of abuse no longer serves these purposes, it is the right of the people to change it. Liking taking over forts and arsenals like the founding fathers did?

    "disrespected Native American heritage and intimidated and harassed local residents and officials." Wha? I would say that it is the federal government itself that originally disrespected Native America heritage. And just who has been harassing local residents?

    hmmm
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    • Posted by $ MichaelAarethun 8 years, 2 months ago
      On the last point. Who runs the largest apartheid system in the world since South Africa got out of that business.

      Hmmmmmm.....We call them reservations.

      descendants of Original Inhabitants call them something entirely different.
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    • Posted by teri-amborn 8 years, 2 months ago
      People who lust for power always lie and manipulate.
      Our government is ignoring reality and reason and is using force and fraud to "re-create reality".
      I can only hope that an Objectivist Lawyer can weigh in on their defense.
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  • Posted by ycandrea 8 years, 2 months ago
    Let's not forget what this was all about in the first place. It is about the Federal Gov't forcing out farmers and ranchers off their land and taking it by any means they can. This land was not Indian Land as the FEDS are claiming to garner support for what they have done. That is such a farce! They sent to prison two innocent men who have been harrassed by the FEDS for years now as the FEDS want their land also. The Feds own 80% of the land here in the west and that number is increasing alarmingly. (Please see map): https://en.wikipedia.org/wiki/Federal.... These innocent people who were threatened and gunned down by the FEDS were trying to bring this to everyone's attention. They harmed no one. And, btw, citizens own the federal buildings, not the government. The government owns nothing unless citizens give them permission. At least that is how it is supposed to work. The only reason the Constitution was written was to protect people from each other but most of all from the government.
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  • Posted by freedomforall 8 years, 2 months ago
    It is as direct a comparison as they can mount to remind people what happens when words like secede are starting to be heard more often.
    Of course, it's all for your own good, to "save the union."
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  • Posted by johnpe1 8 years, 2 months ago
    at least these folks get their day in court, as compared
    with LaVoy Finicum who was killed. . it's sad that the feds
    are so arbitrary and heavy-handed with us commoners. -- j
    .
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    • Posted by $ 8 years, 2 months ago
      But that was part of the problem in the first place: the Hammonds had already been tried! The Federal government came in using terrorism charges to go after them a second time. Not only were the charges trumped up, it was double jeopardy!

      See this for a great backstory:
      http://theconservativetreehouse.com/2...
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      • Posted by johnpe1 8 years, 2 months ago
        that's what I thought, but one of our gulch lawyers
        explained that it was appropriate for the prosecutor
        to appeal the case to get a longer sentence, and
        they succeeded. it sux. -- j
        .
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        • Posted by $ 8 years, 2 months ago
          That's curious, because of the following:
          1) the new case was brought five years after the original was over and done.
          2) the new case brought up charges based on terrorism, which weren't in the original case at all. My understanding is that the terrorism charges must accompany the originals because they are crimes of motive - not crimes of commission.

          It stinks to high heaven if you ask me.
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          • Posted by $ MichaelAarethun 8 years, 2 months ago
            New rules and what they were waiting for. signed by obama and voted in by the congress 85 to 15 in the senate....

            Arrest for suspicion of terrorism retained

            Arrest for suspicion of supporting terrorism added

            No change in 100 mile rule from border or coastline for suspension of all civil rights

            Arrest for suspicion of carries no civil rights requirements and the time factor your talking about for trial, charges, sentences went up to ten plus years.

            It's a whole new world living in a dictatorship.
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  • Posted by $ allosaur 8 years, 2 months ago
    In this current Animal Farm mutation of the USA, how fast you get indicted for a crime depends on who you privileged for porky ain't.
    Just ask Killary. She should come up with something as contorted.
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