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Glenn Beck: Re-Sentencing Oregon Ranchers Is ‘Double Jeopardy’
The Blaze ^ | 1-4-16 | Tre Goins-Phillips

Posted on 01/04/2016 12:47:14 PM PST by taraytarah

Amid peaceful protests and the occupation of a national wildlife refuge building in Oregon, Glenn Beck said Monday that ranchers Steven and Dwight Hammond should not go to jail again but the judge who originally sentenced them should.

"They received their sentence. They went and they served their sentence. They paid their due, as according to a judge," Beck said on The Glenn Beck Radio Program. "If the judge broke the law, then the judge needs to go to jail."

Dwight Hammond, 73, and Steven Hammond, 46, have been charged with arson for fires they said they lit in 2001 and 2006 in order to reduce the growth of invasive plants and protect their property from wildfires. The fires crossed into federal land managed by the Bureau of Land Management, but the Hammonds ultimately contained and extinguished them.

Three years ago, U.S. District Judge Michael Hogan, who is now retired, sentenced the father, Dwight Hammond, to three months in prison and the son, Steven Hammond, to one year.

Hogan had reduced the Hammonds' sentences from the five-year minimum required because he said it would have violated the constitutional prohibition against cruel and unusual punishment, adding that it would have been "grossly disproportionate to the severity of the offenses here."

In October of last year, after both men had served their sentences, U.S. District Judge Ann Aiken deemed the father-son duo's time served to be too short under federal law and ordered them back to prison Monday, Jan. 4, to serve out the remainder of the five-year minimum sentence...

(Excerpt) Read more at theblaze.com ...


TOPICS: Constitution/Conservatism; Extended News; Government; News/Current Events; US: Oregon
KEYWORDS: annaiken; bundy; doublejeopardy; glennbeck; hammond; nazis; oregon
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To: Mr Radical

You’re very welcome.


61 posted on 01/04/2016 2:56:20 PM PST by taraytarah
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To: skeeter

http://bundyranch.blogspot.com/2015/11/facts-events-in-hammond-case.html?m=1


62 posted on 01/04/2016 2:59:59 PM PST by Eagles6 ( Valley Forge Redux. If not now, when? If not here, where? If not us then who?)
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To: Jeff Head
And it should be resisted.

Resisted in court and on the street,
but not on trespass on government (or private) property.
You cannot credibly stand up for the Constitution and the rule of law by breaking it.

63 posted on 01/04/2016 3:01:32 PM PST by anymouse (God didn't write this sitcom we call life, he's just the critic.)
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To: anymouse

OREGON MILITIA STANDOFF

17m

Spokeswoman with Terminal Island Federal Correctional Institution in Los Angeles confirms Oregon ranchers Dwight and Steven Hammond now in custody - @EvertonBailey

see original on twitter.com


64 posted on 01/04/2016 3:03:04 PM PST by chuck allen
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To: lacrew

Yes, this is what I want to know about the trial. Did they prove criminal intent for either arson or terrorism? Seems to me the most they could prove is negligence. But I’d have to know more about the case.

The whole thing from start to finish sounds extremely arbitrary even before you get to the additional sentencing after time served.

If this can happen to them it can happen to anyone who looks cross-eyed at the government.


65 posted on 01/04/2016 3:06:55 PM PST by Lorianne
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To: Marcella

It’s a flawed system, but anything that involves human beings is flawed. I guess it will always be a bit of a shock when we realize that we’ve encountered a no-good skunk, but most people are all right, and some people are surprisingly good and kind.

The problem with judges and other state or federal types is that they have so much power. Power is seductive to the corrupt.


66 posted on 01/04/2016 3:07:27 PM PST by trisham (Zen is not easy. It takes effort to attain nothingness. And then what do you have? Bupkis.)
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To: DoodleDawg

Like I said, I’m no lawyer. But this seems unusual. The Hammonds had already reported to prison and served their entire sentences, before the sentences were appealed. So in the case of the 2001 fire, the prosecution occurred 10 years after the event, and the sentence appeal started over a year after sentencing.

I’ve seen prosecutors lose interest a lot sooner in murder cases.


67 posted on 01/04/2016 3:12:11 PM PST by lacrew
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To: DoodleDawg

Was the original indictment for terrorism? Was the original verdict for terrorism?


68 posted on 01/04/2016 3:12:53 PM PST by Lorianne
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To: lacrew

Double jeopardy applies only to the guilt/innocence phase of a trial.


69 posted on 01/04/2016 3:13:12 PM PST by NRx (Light travels faster than sound. This is why some people appear bright until you hear them speak.)
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To: BenLurkin

Thanks.


70 posted on 01/04/2016 3:13:55 PM PST by Talisker (One who commands, must obey.)
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To: map

This is not a case of Double Jeopardy as Double Jeopardy only applies to findings of Not Guilty. There has not been a finding of Not Guilty in this case.


71 posted on 01/04/2016 3:18:08 PM PST by Timpanagos1
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To: taraytarah

The 5 year minimum sentence is for terrorism, not arson.


72 posted on 01/04/2016 3:23:21 PM PST by <1/1,000,000th%
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To: ScottfromNJ
Very rarely are sentence increases allowed even with the judge being in error with sentencing.

But it does happen. Which means it isn't double jeopardy because it isn't unconstitutional.

73 posted on 01/04/2016 3:23:25 PM PST by DoodleDawg
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To: Lorianne
Was the original indictment for terrorism? Was the original verdict for terrorism?

No. And no.

74 posted on 01/04/2016 3:24:11 PM PST by DoodleDawg
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To: DoodleDawg

OK so how can they be sentenced under terrorism laws (if they are)?


75 posted on 01/04/2016 3:26:38 PM PST by Lorianne
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To: Lorianne
OK so how can they be sentenced under terrorism laws (if they are)?

They weren't.

76 posted on 01/04/2016 3:27:12 PM PST by DoodleDawg
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To: NRx

So they were found guilty of ____ arson?
But now they are more guilty of ___ terrorism?

I still don’t get how this can happen legally.
You are prosecuted and convicted for a crime and then sentenced for a different crime?

Why can’t we then take people who have been convicted of, say armed robbery, and done time ... and then add on to their sentence for terrorism?


77 posted on 01/04/2016 3:31:13 PM PST by Lorianne
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To: DoodleDawg

So where does this terrorism thing come in?


78 posted on 01/04/2016 3:31:48 PM PST by Lorianne
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To: Lorianne
So where does this terrorism thing come in?

Beat's me.

79 posted on 01/04/2016 3:32:57 PM PST by DoodleDawg
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To: kaehurowing

Illegals destroy federal lands without a peep. In fact, if they are caught they get the “Bienvanidos A America” care package and shown the closest greyhound bus station with free...everything.


80 posted on 01/04/2016 3:36:04 PM PST by Organic Panic
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