Skip to comments.UNBELIEVABLE Update - Oregon "Bundy Militia" Standoff - The Federal Prosecutor...
Posted on 01/04/2016 3:52:15 PM PST by combat_boots
The media are focused on the “Bundy Militia” angle to the standoff in Burns Oregon, where Aamon Bundy and brothers have taken over a Malheur Wildlife Refuge Headquarters to draw attention to the plight of the Hammond family (Full Complex Back Story Here).
However, a little research (HatTip NeverTooLate) into the original legal battle reveals a rather startling update.
The initial, and regarded by many as overreaching, federal prosecution resulted in a federal court judge Michael Hogan assigning a 3-month sentence and 1-year sentence for Dwight Lincoln Hammond Jr (73) and his son, Steven Dwight Hammond (46) respectively.
Even federal Judge Hogan stated the prosecution under “terrorism statutes” itself was an overreach and he refused to assign ridiculously high sentences for behavior that almost every rancher has conducted for generations.
Those sentences were fulfilled by the father an son duo in 2013 with Steven Hammond exiting prison in January 2014.Â Â However, it was a decision by a U.S District Attorney named Amanda Marshall which called for an appeal to the sentencing:
"Amanda Marshall: Former U.S. Attorney for Oregon. Marshall recommended that the federal government challenge the Hammonds; original prison sentences. By law, the convictions come with mandatory five-year sentences, but U.S. District Judge Michael Hogan in 2012 balked at the punishment and instead sentenced Dwight Hammond to three months and Steven Hammond to one year.
Marshall called Hogan's punishments "unlawful." The solicitor general authorized a rare appeal of an Oregon judge's order. The appeals court sided with the prosecution, and the Hammonds returned to federal court last year to face a second sentencing. At that hearing, U.S. Chief District Judge Ann Aiken ordered the pair to finish
(Excerpt) Read more at theconservativetreehouse.com ...
The Bundys would’ve done better to protest outside her home & office than to take over fed property. Put the light where it belongs.
she’s an 2$@#$@#$. looks like one too.
where does he find these people to appoint?
now we’re putting people back in jail after they got out?
didn’t know that’s what was going on.
plus is that a picture from America? most wholesome pic I ever saw. I’m sick of NYC. getting too old for it.
Welcome to the Soviet Union
Pray America wakes
But it worked so well for the Occupy retards......
Amazing how so many power-mad females wind up on the left...
And she was right. The Ninth Circuit and US Supreme Court agreed with her.
People who have a beef with the sentence, like I do, need to place blame where it belongs - with our legislators who wrote the law and our President who signed it.
(b) In the early 1990âs the Hammonds filed on a livestock water source and obtained a deed for the water right from the State of Oregon. When the Bureau of Land Management (BLM) and US Fish and Wildlife Service (FWS) found out that the Hammonds obtained new water rights near the Malhuer Wildlife Refuge, they were agitated and became belligerent and vindictive towards the Hammonds. The US Fish and Wildlife Service challenged the Hammonds right to the water in an Oregon State Circuit Court. The court found that the Hammonds legally obtained rights to the water in accordance to State law and therefore the use of the water belongs to the Hammonds.
(c) In August 1994 the BLM & FWS illegally began building a fence around the Hammonds water source. Owning the water rights and knowing that their cattle relied on that water source daily the Hammonds tried to stop the building of the fence. The BLM & FWS called the Harney County Sheriff department and had Dwight Hammond (Father) arrested and charged with âdisturbing and interfering withâ federal officials or federal contractors (two counts, each a felony). He spent one night in the Deschutes County Jail in Bend, and a second night behind bars in Portland before he was hauled before a federal magistrate and released without bail. A hearing on the charges was postponed and the federal judge never set another date.
(d) The FWS also began restricting access to upper pieces of the Hammondâs private property. In order to get to the upper part of the Hammondâs ranch they had to go on a road that went through the Malhuer Wildlife Refuge. The FWS began barricading the road and threatening the Hammonds if they drove through it. The Hammonds removed the barricades and gates and continued to use their right of access. The road was proven later to be owned by the County of Harney. This further enraged the BLM & FWS.
(e) Shortly after the road & water disputes, the BLM & FWS arbitrarily revoked the Hammondâs upper grazing permit without any given cause, court proceeding or court ruling. As a traditional âfence out stateâ Oregon requires no obligation on the part of an owner to keep his or her livestock within a fence or to maintain control over the movement of the livestock. The Hammonds intended to still use their private property for grazing. However, they were informed that a federal judge ruled, in a federal court, that the federal government did not have to observe the Oregon fence out law.
This whole situation is just wrong all around. I cannot understand how they can be “repunished” for soemthing they have already been sentenced and done with. Are they a threat to America?
I don’t agree with the take-over of the building. And think protesting at the moon-bat prosecuters house would have been abetter route.
All you need to know about Amanda - http://www.pdxqcenter.org/queer-heroes-nw-exhibition-travels-to-the-u-s-department-of-justice/
as more and more comes to light in this story, i’m glad i was not inclined to be an armchair critic of the bundys. it looks more and more like the federal gov’t under obie has committed a grave injustice against these innocent ranchers.
But you don't punish the ones who fulfilled their sentences, you should punish the judge who erred in the sentencing, no?
They were sentenced in 2012, this smells.
as more and more comes to light in this story, iâm glad i was not inclined to be an armchair critic of the bundys.
When armchair critics turn on the common folk in the west who are hard working ranchers and side with the tyrannical government whose objective is to seize private property and control over citizens something has gone very wrong in this country.
I looked at her picture. If this was the ‘30s in Germany, she would have been in an SS Storm Trooper uniform wearing jack boots and carrying a bull whip to beat concentration prisoners with. I also have no trouble picturing her with a pistol in her hand executing the prisoners. A truly evil and despicable excuse for a human , in my opinion.
Here’s the 9th circuit decision: http://r.duckduckgo.com/l/?kh=-1&uddg=http%3A%2F%2Fcdn.ca9.uscourts.gov%2Fdatastore%2Fopinions%2F2014%2F02%2F07%2F12-30337.pdf
I read it as making it necessary to renege on the plea deal to get the decision the feds wanted the entire time.
I also think this isn’t about the decision or the Hammonds-but about their land and its mineral rights.
There was a brief mention o a number of ranchers who’ll be losing water/grazing rights this summer. Of course, many already have.
But by-crackie, the ‘rule of law’ was followed! Corzine....Lerner...Koskinen...The Clintons...Holder...DevGru’s betrayal by Biden... THEY walk free.
Then again, I AM pessimistic about all this.
At least the FBI has decided to ‘let local law enforcement’ handle the situation. Guess 0bama didn’t like what a Waco II would mean for Democrats, come November. I thought the Bundys and crew + the Hammonds would just be killed outright, one by one, or by drone.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.