Posted on 09/04/2001 6:37:21 AM PDT by Neets
REPOST OF THREAD FROM SATURDAY 1 SEPTEMBER 2001.
This morning, agents of the U.S. Fish and Wildlife Service served a leader at the Klamath headgates, Barbara Martin, with legal papers, including a complaint, motion for a temporary restraining order and motion for an order to show cause, and a temporary restraining order, barring her from "occupying, entering upon the area within the fence surrounding the [headgates], [or] interfering with, impeding, damaging, or obstructing the operations of the Bureau of Reclamation water control head gate".
The Justice Department obtained the temporary restraining order without notice to Ms. Martin on Friday, August 31st, claiming that "the undersigned was unable to contact Ms. Martin, and therefore did not advise him [sic] of this application". No record is given of just what effort was made to contact Ms. Martin, who spends a great deal of time at the headgates and is easy to reach. The temporary restraining order contains a typo that suggests it has been in the works since August 23rd.
Though served on Saturday morning, the order requires Ms. Martin to appear before United States District Judge Ann Aiken at 1:30 p.m. on Tuesday, September 4th, in Eugene, Oregon, which is hundreds of miles away from Klamath Falls. (Interested members of the public could presumably attend; the address is 211 E. 7th Avenue.) Judge Aiken is the same judge who previously denied relief to the irrigators.
The Supreme Court has declared that the First Amendment does not protect "advocacy . . . directed to inciting and producing imminent lawless action and [which] is likely to incite or produce such action" (Brandenburg v. Ohio, 395 U.S. 444, 447 (1969)). The complaint thus includes, as an exhibit, a declaration from Special Agent Scott G. Pearson, who relies, in part, upon a "confidential informant". Agent Pearson declares that Ms. Martin "circulated through the crowd calling for participants to effect a 'citizens arrest' of the federal officers and repeatedly attempted to incite the crowd to physically occupy the headgate structure". Ms. Martin denies these allegations. The papers do not explain why walking upon the headgates amounts to "lawless action". By contract, the headgates are under the management and operation of the Klamath Irrigation District, not the Bureau of Reclamation.
I don't think that there is a single "Tinfoil Hat vendor" left here that hasn't lost their credibility.
Underscore, Squid-nuts, Stinkspur, etc. get laughed off of every thread where they show up. - The time has come to simply accept that our government is a criminal enterprise, and act accordingly.
Do not allow yourself to believe that good will prevail simply because it should; - it will not unless you make it happen.
I do know Wm. Lajuenesse with FoxNews is working on it..don't know if he made it to Eugene yet. Other than that I know of no coverage...talk radio was all reruns because of the holidays. With out them to start the vocals we're out here winging it today. Deep breath and a prayer for all of you up there in Eugene walking the walk. This was entirely too short notice. These people don't play fair. Not at all.
Not sure how long the drive is to/from Eugene, so I don't know when I'll hear from him again.
I heard on one of the other threads, amom is on her way and has a cell phone to check in,,but haven't seen anything yet.
Wednesday, April 11, 2001
By JENNIFER A. DLOUHY SEATTLE POST-INTELLIGENCER WASHINGTON BUREAU
WASHINGTON -- President Bush is asking Congress to give his administration full authority over the listing of endangered species and to block citizens from filing lawsuits to force animals and plants onto the list.
The proposal to waive parts of the Endangered Species Act, and in effect give Interior Secretary Gale Norton sole discretion over listings, is contained in Bush's $1.76 trillion budget which was unveiled Monday.
The request drew fire yesterday from a variety of environmental groups, who warned that such a measure -- combined with a 25 percent cut in endangered species funding -- would be "an invitation to extinction."
The waiver would essentially gut the 28-year-old act by shutting off one of the main ways species are listed as endangered, Defenders of Wildlife President Rodger Schlickeisen said at a briefing yesterday with the Sierra Club, the Natural Resources Defense Council and other environmental advocacy groups.
In his budget plan, Bush asks Congress to overlook what Schlickeisen said is "perhaps the strongest single element of the Endangered Species Act," a section that allows citizens to sue if the Department of Interior is not moving quickly enough to list a species.
"That leaves the discretion with ... a secretary of the Interior who I point out through a long career has taken every opportunity to debunk the Endangered Species Act (and) speak against it and at one point even suggest that it was unconstitutional," Schlickeisen said.
"One doesn't have to wonder very much what's on Secretary of the Interior Norton's mind when she's thinking of making this proposal or what's on his (Bush's) mind when he's proposing it in the budget."
amom, bless your heart! What would we do without you??! Thanks.
What a surprise that is. </sarcasm>
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