UNBELIEVABLE Update - Oregon "Bundy Militia" Standoff - The Federal Prosecutor...

CTH ^ | January 4, 2016 | by sundance

[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.

Hammond Family

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.   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

[kiryandil]

Did you read also that the witness to the "deer poaching" is a mentally and emotionally disturbed young grandson of the family, who was 13 at the time of the alleged poaching, and who has been estranged from his family for some years and royally manipulated by the Feds?

I saw a mention of it, but not the depth you posted.

I saw that the family didn't blame him for "cooperating" with the Ferals.

I just figure the default "the government is lying", and nine times out of ten I'm correct.

[AntiScumbag]

C’mon, man, you can’t expect anyone here to understand and take account of facts, right? Knee-jerk reactions are always the order of the day, get with the program!

There’s certainly a case to be made for no prosecution at all, but it WAS prosecuted, so that’s moot.

Convictions were the result and the federal district judge tried to exercise some discretion to make the punishments fit the crimes. Good trick when the law says 5 years minimum, period. Sometimes even federal judges can’t do what they think is justice, they’re subject to appellate review.

As you and I know, prosecutors can never appeal a not-guilty verdict, but they can certainly always appeal a sentence. And so a political hack did. And she won, as she should have, the original sentences were contrary to law.

Anyone who wasn’t a political hack wouldn’t have bothered to appeal the sentences, but she was a hack and she did appeal and won so that’s moot, too.

None of this may be “fair” but all of it was certainly entirely legal.

People don’t like that? They need to change the law and/or who is carrying it out and enforcing it on federal courts.

It’s actually funny that some are yapping about “double jeopardy.” Nobody was tried twice, they didn’t need to be, they were convicted the first time around.

Post-conviction issues like an appeal of the sentence or any other appeals (usually by the convicted individual, not the prosecution) have nothing to do with “double jeopardy.”

People who don’t know whereof they speak don’t know that and insist on spouting off as newly-minted lawyers in their own minds.

In any case, complaining about it here accomplishes absolutely nothing.

The people occupying the federal facility should just go home, they’ve made their point, such as it is. They’ve drawn attention to the whole deal. Beyond that, they have no support in any law and they know it, or should.

There’s nothing else good that can result if they persist.

[Vehmgericht]

Should they have been convicted under terrorism laws? You can see from their family photo that they are the type of people who cling to their bibles and guns. In the view of the obama appointed members of the judiciary they are indeed terrorists. Criminals are routinely released because and i is not dotted or a t not crossed. Occupy Wall Street protesters and Black Lives Matter protesters are heroes in their book. They can burn down entire cities without the government interfering. This prosecutor is a sick puppy like thousands of other appointed officials. Every American citizen is guilty of violating some of the hundreds of thousands of federal regulations. Cardinal Richelieu said “If you give me six sentences written by the most innocent of men I will find something in them with which to hang him.” Remember Vicki Weaver!

[dr_lew]

Was is Clarence Darrow that said that the law is an ass?

It's from Oliver Twist ...

"If the law supposes that," said Mr. Bumble, squeezing his hat emphatically in both hands, "the law is a ass, a idiot."

He had just been told that the law supposes his wife acts at his direction.

[Whenifhow]

Thanks for posting this important article about the attorney who reopened the case and was appointed by Obama.

Note posts below of possible interest, along with many others.

Full article posted here
http://www.freerepublic.com/focus/f-news/3379650/posts?page=48#48

Post #4 , # 10, # 14, # 61, # 148, # 149, # 161, # 168, # 177

[LucyT]

Did anyone mention the part about the feds lighting fires that burned Hammond cattle alive?

See Link at # 4 .

Thanks, Baynative.

[LucyT]

.

Thanks, Whenifhow. Catching up ... again.

Thanks for posting this important article - about the attorney who reopened the case and - was appointed by Obama.

Note posts below of possible interest, along with many others.

Full article posted here

http://www.freerepublic.com/focus/f-news/3379650/posts?page=48#48

Check out Post #4 , # 10, # 14, # 61, # 148, # 149, # 161, # 168, # 177

.

[HANG THE EXPENSE]

Everyone of those mentioned in your first paragraph get their paycheck from the same source,The fed,state gov.Nobody is going to risk that.

[Steve Van Doorn]

I have been a supporter of the Bundy's and have no doubt they been screwed but they have gone to far. I have to agree with you on this. The case is closed. They need to face it they lost. game over.

They need to know their limits.

[combat_boots]

Video on other rancher whose land is at stake, courtesy of 0bama/BLM: https://www.facebook.com/bundyranch/videos/939148952828580/

There is a rancher who went to the wildlife center and is talking about his ranch being put out of business by the antiquities act that Obama is getting ready to enact on Jan 16

[combat_boots]

This gofundme campaign is now gone:

:Help The Hammonds by Christenia Krone - GoFundMe

Thank you for taking the time to read this. The Hammonds need as much support as they can possibly get. Funds raised will be used to help pay for fines, any attorney fees, and living expenses for the Hammonds family while Steve and Dwight are incarcerated.

gofundme.com/uacfmnrg

https://duckduckgo.com/l/?kh=-1&uddg=https%3A%2F%2Fwww.gofundme.com%2Fuacfmnrg

[combat_boots]

Oops

https://www.gofundme.com/uacfmnrg

[combat_boots]

Writ for habeus corpus filed 12/31/2015: https://www.nationallibertyalliance.org/sites/default/files/12_15_31_hammond_affidavit_p1-4_notarized_imp_or-d-1.pdf

[Hostage]

Note those paychecks do not come from taxpayers.

They come from digitally created money originating from computers at the NY Federal Reserve and channeled through bond traders to the federal government.

To the establishment hacks that control the fake money flow, taxpayers are irrelevant. Therefore, elections are a sham that serve only as a theater where taxpaying voters are just an audience for the show.

The establishment’s media will put out the meme “It’s The Law!” and slurs of “Right-Wing Militia” and then stand back to let Americans eat each other.

[HANG THE EXPENSE]

Agreed

[Las Vegas Ron]

It's from Oliver Twist ...

Thanks!

[sweetiepiezer]

There is a petition to sign, needs a 100,000 signatures by the 27th.

Commute the sentences of Dwight Lincoln Hammond Jr and Steven Dwight Hammond, both of Harney County Oregon.
Dwight and Steven Hammond were tried in Federal Court for arson on Federal Lands. The trial judge at sentencing felt the mandatory 5 year sentence was cruel and unusual and gave them lesser sentences. The Hammond’s served that sentence and went home. The Federal Prosecutor appealed that sentence and won in Appeals Court to re-sentence the Hammond’s to the Mandatory 5 years (with time served). The residents of Harney County believe that they have served enough time and are asking the President for a commute of sentence for the remainder of the Appeals Court Sentence. Other citizens of these United States, also believing the Hammond’s have served enough time, are also signing this petition.

Use this link: https://petitions.whitehouse.gov/petitions

[azkathy]

I agree “The crime doesn’t fit the punishment.”

[LucyT]

Thanks, sweetiepiezer.

.

There is a petition to sign, needs a 100,000 signatures by the 27th.

Commute the sentences of Dwight Lincoln Hammond Jr and Steven Dwight Hammond, both of Harney County Oregon.

Dwight and Steven Hammond were tried in Federal Court for arson on Federal Lands. The trial judge at sentencing felt the mandatory 5 year sentence was cruel and unusual and gave them lesser sentences. (the trial judge had the full background story of what, and how it happened.)

The Hammond’s served that sentence, - two years in prison - and were released. They returned to their homes.

The Federal Prosecutor appealed that sentence

and won in Appeals Court

to re-sentence the Hammond’s

to the Mandatory 5 years.

The residents of Harney County believe that they have served enough time and are asking the President for a commute of sentence for the remainder of the Appeals Court Sentence. Other citizens of these United States, also believing the Hammond’s have served enough time, are also signing this petition.

Use this link: https://petitions.whitehouse.gov/petitions

[GregNH]

Is that Amanda?!!!

Headline story right now on Foxnews.com