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But Andrea Yates should be set free to get counseling for her "illness", undoubtedly on my dime. |
Is this a great country or what???
Posted on 03/17/2002 11:28:10 AM PST by Henrietta
Earl Waite recently returned home after spending 18 months at the federal prison in Sheridan, Oregon. Waite, 56, was accused by U.S. Forest Service (USFS) Special Agent Pat Green of having cut nine cords of firewood from state lands to which federal administrators claim ownership in what is commonly recognized as the Salmon-Challis and Sawtooth National Forest.
Waite claims he only cut one Douglas fir tree up for firewood and that he had permits allowing him to do so.
By summer's end, 1998, Waite and his son had cut and stacked 48 cords of firewood, all but nine cords were cut from private land.
Waite and his son had worked hard all summer cutting firewood. There is evidence suggesting that Green confiscated the wood in an attempt to force Waite to tell Green as to "who" was doing some unauthorized work on a road near the area the firewood allegedly came from.
"I tried to tell him I didn't know and showed him where the grass was growing up between the blades of my bulldozers to prove that I hadn't done it," Waite explained.
When Waite couldn't tell him who had been doing unauthorized cat work in the federal forest, Green and his posse of armed men seized all 48 cords of firewood at gunpoint.
Several months later, May 5, 1999, Waite was indicted for "willfully retaining U.S. property in excess of $1,000....with intent to convert the property to his own use or gain," and two counts of perjury. Waite pled not guilty on all counts because that was the truth.
Vendetta?
This was not the first time the truthful and honorable Waite had experienced the bureaucratic wrath of Green. In 1995 Green filed criminal charges against Waite in Idaho District Federal Court for plowing a USFS road that led to a mining claim and some property owned by Waite and his family.
Green claimed that Waite had damaged the road with his bulldozer. Waite, who had been building roads and operating heavy equipment in the area for some 30 years, does not believe that a road full of potholes is damaged after you've filled in the potholes.
Rather than waste his limited resources by hiring an attorney in this frivolous matter, Waite defended himself. He showed Federal Magistrate Judge Larry Boyle the statute that authorizes him to keep the road to his private property open even if the road crosses through federal land.
Judge Boyle dismissed the charges against Waite. Those that know Green and how his mind works believe the dismissal dealt a severe blow to his bureaucratic esteem. They believe Green was awaiting the day when he could even some imaginary score.
Who "owns" the forest?
We can gain some insight into Green's behavior through comments found on a USDA Forest Service "Report of Investigation" document dated October 15, 1998. The document describes how Green was told by Challis Ranger District helicopter pilot P.J. Smith that he had seen Waite hauling large pieces of Douglas fir to his property from across the helicopter base. "Smith informed Green that Waite was also stacking some of the wood on a piece of property that was owned by the Forest Service."
The Big Lie
According to Hari Heath, a staff writer for The Idaho Observer, the federal government is merely administrating state land (The Big Lie: Federal Ownership of Public Lands, The Idaho Observer, August, 2001).
Heath quoted from the U.S. Constitution, the Idaho State Constitution, implementing legislation and other authoritative documents to prove that federal ownership of public lands is a big lie. In fact, there are 52,712 square miles of the Big Lie in Idaho and 70 percent of the acreage west of the Rockies is also part of the Big Lie.
The originally stated intent was for the federal government to manage certain state lands that were "owned" by the public. Even if federal ownership was the actual intent of federal management, it wasn't until recently that federal agents would be so brazen as to openly admit their belief that the federal government "owns" public lands.
Courtroom perjuries
In a letter to Assistant U.S. Attorney Wendy Olsen, Waite's attorney in the wood case James Annest demanded that Green be brought before a grand jury for possible indictment on charges of perjury.
"I have given long and careful thought to the issue of Mr. Green's perjured testimony at the Grand Jury and his perjured affidavit to obtain the Search and Seizure Warrant by which he obtained a warrant to seize the wood from Mr. Waite's property. Obviously his testimony was a material statement of fact intended to not only direct the Grand Jury in returning an indictment against Mr. Waite, but it was his intention to direct the Court by this false and misleading statement to issue the warrant to search and seize."
Annest also mentions that Green told the court that the area known as Rankin Creek where Waite was cutting wood was closed to such purposes which was, "false and perjurious."
"In view of the developments in this case (conviction and sentencing) it is absolutely necessary that Mr. Green be prosecuted for his perjury."
Annest then demanded that Olsen bring the matter before a grand jury for the purpose of indicting Green for perjury. "There simply can be no justification for him [Green] to lie to the Grand Jury, lie to the Court and be protected by the United States Attorney's Office in so doing. We will expect your prompt action in this regard," Annest concluded.
Green was never brought before a grand jury
One can see why federal officials such as Green are promoted in public service rather than prosecuted for their actions. In order to protect the Big Lie the federal government must hire and protect faithful little liars. Where such behavior is not usually tolerated in the private sector, it has become a necessary and vital part of public service.
Though Waite was a respected and appreciated member of the community who did not have a police record before this incident, he was sent to prison for cutting nine cords of firewood for which he had obtained permits.
Though Green stated in court that the area from which the wood had been cut was closed to wood cutters, it was proved in court that it was not closed. When shown a map of the area, Green admitted he must have made a mistake, yet the federal court allowed USFS to continue prosecuting this innocent civilian.
Though only nine of the 48 cords seized were in controversy, the outstanding 39 cords of wood were never returned.
Judge Winmill sentenced Waite to 18 months in prison that began August 30, 2000. He was also given a $4,000 fine and three years probation.
Waite is currently exploring his civil remedies with regard the perjured testimony from Green that led to his wrongful incarceration. Green is still in the employ of the USFS in the Challis area.
The win/loss percentage is 0%/100% as far as I am concerned. If you end up in court, you have already lost just by being there.
Have you ever been through that nightmare? In my case, the judge told me he would allow me only a little latitude becuase I was inexperienced and representing myself. I did not miss a beat and I did not appreciate the open admonishment like that. No big deal, except that when I caught a government lawyer that was supposed to be an impartial investigator corroberating with the other side and exposed it in court, the judge did nothing about it. The government lawyer actually lied on the stand and I called him on it. I caught him on the stand with evidence that he lied under oath and the judge did nothing.
Court is as corrupt a place as anywhere you will find, one player scratching the back of the other, rules changing to suit the system.
But I don't need to tell you this. You can see it all the time in the crap that comes out of the courts on a daily basis.
Most people don't know the difference between a "face cord" and a full cord.
I used to do it with a double bit axe.
If this man and his son cut 48 "face" cords of wood, even with a chain saw, I would take my hat to him.
If he cut 48 full cords, I'd be looking for some kryptonite if I were Greene.
Its a good old boy mentality, not what you know but who you know. Justice in our courts has as much to do with what the Judge had for breakfast and how long its been since he last had sex as does the factual truth.
The dominant news media can educate the americans about the important issues. They can tap intellectuals with different points of view so that responsible discussions about these issues are facilitated so that our democracy can function. Instead, the news media has decided to ignore the important issues and to sometimes provide actual propaganda about them. Endless emotionalism about Andreah Yates is news, but the very real policies of rural cleansing along with so many other big issues are not news.
I was shocked recently to learn that in 2001 the US Congress cut Medicaire disbursements for all procedures to doctors by 5.4% across the board. Remember back in the 80's when some of Reagan's budgets had smaller increases in such programs than what congress wanted? The news media went on forever accusing Reagan of trying to cut those programs. Now we have actual cuts, not cuts in the rate of growth and there is a complete news blackout on it.
Likewise, in February, 1993 the US government cut spending on the DEA by 50%. There were 468 undercover agents actually tracking bad guys at the time and 50% were let go within 2 weeks of the decision. Drug use doubled in America between 1992 & 1996, but every major news media outlet failed to even inform the people that the DEA was cut by 50% much less to make the obvious connection with the explosion in drug use.
The Americans didn't want the DEA to be cut by 50% in 1993 and yet it was done with only some of the conservative journals reporting it as news. Likewise, the Americans don't want the federal government to underfund Medicaire so that large numbers of doctors refuse to treat the elderly as is now happening. We desire different solutions for the problem, but there is no debate, it is just done and not even reported to the people.
This is the kind of a country we live in. The democracy is completely dysfunctional, only for show, the real rulers of our country will keep it that way if they can.
I want to stand up and cheer you as a fine example of a 'CONSISTENT LICKSPITTLE'.
No one-issue cowboy are you! Youda man, CJ.
Doh!!!! He won the case where he represented himself, and lost the case where he had a lawyer.
Not a good example for your point.
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But Andrea Yates should be set free to get counseling for her "illness", undoubtedly on my dime. |
Is this a great country or what???
Nahhh.... Apparently doing what they are paid to do isn't as satisfying as harassing innocent US citizens.
Are you really da dolt, or do you just play one on FR?:)
A common fallacy. The public owns the land. I am not the public. You are not the public. The citizen in the article is not the public. A private citizen in fact has no right to enter on the land, and none to extract resources.
A member of the public is not the public, does not represent the public, and has no right to public land or resources, including public roads. The public person is the entirety, a corporation represented by the incorporated government, and in particular managed by that individual person elected governor, or president, or mayor.
- - -
Probably 98% of the citizens of America don't understand this, and they are all wrong, but that is because the schools don't teach the correct lessons in Civics class.
Still got all your fingers? Some users of log-splitters don't. Ouch!!
Some are starting to wake up, but unfortunately others are perfectly willing to trade freedom for government backing of their pet political agenda. The result is more expensive, oppressive government.
The Authoritarians won't be happy untill government controls every aspect of our lives. Unfortunately this country has many authoritarians on both the left and the right.
"One day we will all wake up to realize that we have no freedom, no liberty. Then won't all of this idealogical banter seem rather silly? "
Yes of course, but then some people are rather silly.
Exactly. The article begins with a misleading title and goes down hill from there. Never is it claimed that Waite was "jailed for burning firewood." Then the article says "Waite pled not guilty on all counts because that was the truth." I have no idea what is the truth of the situation. This is not news reporting but opinion. This article is not balanced at all.
(Unless you are an illegal alien, then do what the hell you want.)
Excellent book.
Carolyn
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