[archy]

Main Story: Robbins case: Right to exclude, extortion at issue
Wilkie v Frank Robbins Case: Wyoming rancher refuses to grant BLM a right-of-way across his private land

December 4, 2006:
From ranch to sacred halls: Budd-Falen to argue in nation’s highest court

January 31, 2007:
Right to exclude argued

February 20, 2007:
Brief for the Respondent - Robbins Legal Response (60 pages, 321K PDF)

February 28, 2007:
Robbins case: Campaign of harassment detailed
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Amici Curiae (Friend of the Court):
Others in support of Frank Robbins’ side of this case

Oregon Cattlemen’s Association and Nevada Grazing Board
The Oregon Cattlemen’s Association represents ranching interests in Oregon. It exists to promote environmentally and socially sound industry practices, improve and strengthen the economics of the industry, and protect industry communities. The Nevada N-6 Grazing Board represents the interests of federal and other public lands ranchers in Nevada. The board advocates on their behalf to ensure that livestock grazing remains a viable use of the federal lands.

Oregon Cattlemen (159K PDF)
BRIEF OF THE OREGON CATTLEMEN’S ASSOCIATION AND NEVADA N-6 GRAZING BOARD AS AMICI CURIAE IN SUPPORT OF RESPONDENT

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New Mexico Cattle Growers Association
New Mexico Cattle Growers Association Legal Brief (32 pages, 168K PDF)
BRIEF OF THE NEW MEXICO CATTLE GROWERS’ ASSOCIATION, NEW MEXICO FEDERAL LANDS COUNCIL, NEW MEXICO WOOL GROWERS, INC., GRANT COUNTY CATTLEGROWER’S ASSOCIATION, COALITION ARIZONA/NEW MEXICO COUNTIES FOR ECONOMIC GROWTH AND WYOMING PUBLIC LANDS COALITION AS AMICI CURIAE SUPPORTING RESPONDENT

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Pacific Legal Foundation
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Pacific Legal Foundation, the Washington Farm Bureau and the Wyoming Farm Bureau Federation.

Pacific Legal Foundation (24 pages, 110K PDF)
BRIEF AMICUS CURIAE OF PACIFIC LEGAL FOUNDATION, WASHINGTON FARM BUREAU, AND WYOMING FARM BUREAU FEDERATION IN SUPPORT OF RESPONDENT HARVEY FRANK ROBBINS

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Paragon Foundation
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Paragon Foundation, Inc. a New Mexico non-profit organization created to support and advance the fundamental principles set forth in the Declaration of Independence and Constitution of the United States of America. The Paragon Foundation, Inc. advocates for individual freedom, private property rights, and limited government controlled by the consent of people. The Paragon Foundation, Inc. has several thousand current or former members nationwide.

Legal Brief of the Paragon Foundation Inc. (12 pages, 86K PDF)
BRIEF OF THE PARAGON FOUNDATION, INC. AS AMICUS CURIAE SUPPORT OF RESPONDENT

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Public Lands Council
An amici curiae (friend of the court) brief supporting Harvey Frank Robbins was filed by the Public Lands Council, National Cattlemen’s Beef Association, Wyoming Public Lands Coalition, Oregon Cattlemen’s Association and the Nevada Cattlemen’s Association, as representatives of ranchers and cattlemen throughout the United States.

Legal Brief of the Public Lands Council et al (28 pages, 114K PDF)
BRIEF OF THE PUBLIC LANDS COUNCIL, NATIONAL CATTLEMEN’S BEEF ASSOCIATION, WYOMING PUBLIC LANDS COALITION, OREGON CATTLEMEN’S ASSOCIATION, AND NEVADA CATTLEMEN’S ASSOCIATION AS AMICI CURIAE SUPPORTING RESPONDENT

[avg_freeper]

Please change title to "Wilkie v Frank Robbins Case: Right to exclude argued"

[TenthAmendmentChampion]

"Thrusting RICO into this context would chill government officials in a broad range of regulatory contexts from engaging in appropriate and vital regulatory actions."

Good.

[Calpernia]

bump

ping

[Titus Quinctius Cincinnatus]

Three cheers for property rights!

[E. Pluribus Unum]

“The enormous threat of personal RICO liability was never designed to check overzealous regulation in itself."

Translation: "The law don't apply to us federal jackbooted thugs."

[Enterprise]

"If we permit government officials to retaliate against citizens who choose to exercise this right [to exclude others from private property], citizens will be less likely to exclude the government, and government officials will be more included to obtain private property by means outside the Takings Clause."

Let me modify that a little because it is so powerful.

"If we permit government officials to retaliate against citizens who choose to exercise their constitutional rights, citizens will be less likely to resist the government, and government officials will more likely to retaliate against citizens by means outside of any Constitutional authority to do so."

[GrandEagle]

Government officials do not become racketeers or extortionists merely by taking overzealous regulatory action
Translation: "We are from the government and we should be able to do anything we want. You will assimilate."
Government racketeering is rampant - extortion is very common at nearly all levels.
I hope he wins.

[stinkerpot65]

So, what's the point of having a Republican president if his employees act like Nazis?

[NonValueAdded]

The government also argued, “Government officials do not become racketeers or extortionists merely by taking overzealous regulatory actions.”

au contraire, it would seem to me that racketeering and extortion is an apt description of overzealous regulatory actions. When malice can be proved, the full weight of the law including RICO provisions should fall on the bureaucrats.

[Who is John Galt?]

The American public would probably be astounded by how common such abuses of power have become within the BLM. I know a retired federal LEO who was present at a meeting on November 17, 1994, where Mr. Bill Calkins, United States Department of the Interior, Bureau of Land Management, New Mexico State Director (and supposed 'civil servant'), stated the following:

"Sometimes I have to break the law in order to meet my management objectives."

Think about exactly what that means. That's a direct quote, written down by the retired LEO, who was physically present at the meeting. The same gentleman told me that the most amazing thing (to him) was that the BLM State Director didn't think twice about making that statement in a room literally full of federal LEOs. That's how pervasive the corruption has become within BLM: many of the managers think that violating the law and the regs is no big deal ('business as usual,' in fact)...