Posted on 01/04/2016 3:52:15 PM PST by 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.
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
(Excerpt) Read more at theconservativetreehouse.com ...
Thanks. By “yes” you mean Obama? How did the gov’t get around that statute of limitations, at least for the 2001 fire?
LOL!
Gettin’ old ain’t for sissies. CRS is a problem.
FReegards!
It's a tool to be used by educated citizens.
However, the government has seen to it that educated citizens are an endangered species.
In the case of the OJ trial, as I am sure you would agree, the latter was the case.
In the matter of the constitutionality of the case being discussed on this thread, I believe the government has no jurisdiction let alone ability to own land other then described in the Constitution.
Again, you are conflating the issue.
You’re welcome.
A distinction without a difference.
Check your premise...
The judges, the district attorneys, the solicitor general, the governor and leaders of the state legislature, all had an opportunity to petition Congress and the White House about the draconian nature of these mandates. None of them bothered to participate.
Not all laws are good laws. It is the responsibility for ***all persons of reason*** within and without government to bring such cases to the attention of Congress and the President. A good presentation to the right people can effect change in days. Special Bills can be passed at any time of day and the President can be awakened at any time to sign such bills.
It is a testament to the utter corruption in the federal government that such cases progress to these ends. In any other era, there would never have been such a progression. Such progression would have been deemed a gross waste of time. We have today a federal caste system that serves itself and seeks petty dominion over any subject in its sight. Reason is gone, evaporated into a media space where establishment politicians everywhere condemned this case without bothering to know the facts or to investigate what went wrong and why. If an airliner crashes on US Soil, there is an NTSB investigation that looks into every detail. If rights of fine citizens are grossly violated, there is no investigation and no responsibility to examine the history and facts that led to the injustice. Instead, a petty and asinine position of “it’s the law” is allowed to provide cover for those deep in the corruption.
Victor Hugo’s “Les Miserables” describes well what happens to society when it is led by those that strain at a gnat but swallow a camel. The judge who provided the initial sentencing should have sought immediate conferences with state and federal legislators and executives to bring this to their awareness and the elected leaders should have quickly acted to amend the law so that these gross situations of injustice would never see the light of day.
The corruption is too thick now to hope that elections can change leadership to honor reason and responsibilities to citizens. Elections will change nothing because there are too many ‘Javerts’ to rein in and retrain. We have a generation of awful people in government that cannot be reformed. The only way back to insanity is to scream “WE CAN’T LIVE WITH THIS ANYMORE” and proceed to take a stand, which is what the Bundy’s have done in this case.
But it takes guts, courage to place oneself into the front line of conflict. There are few if any leaders today that have such courage. On the national scale we see such courage in Ted Cruz and Donald Trump, but I predict they will react to scant and incomplete information and provide the expected Pavlovian response. However, I have seen Donald Trump reverse his position when he gets complete facts. I hope people will get the complete facts to him and that he will respond that this case has exceptional circumstances and should be handled accordingly. Even as a candidate he holds enormous influence over today’s political establishment.
Hey, how fat is your wallet? Because FedGov has a never ending supply of lawyers. And you, apparently gleefully, fund them against folks like these.
So then how do we resolve these things? We each pick the blog we want to believe, print their name on our uniforms and grab our guns?
https://www.youtube.com/watch?v=kwYi5hpkUco
Unbelievable.
I know. What we have seen is enough to know that there was a very specific formula used by this administration to select its appointees and it is 100% moonbat political agenda. 0% rule of law or competence in the actual job.
Yeah there is NO WAY that fires in the grasslands out there destroy property in the long run.
Jurys are often not allowed to examine the total context to have Justice prevail.
ROFL!!
Semimojo
How many rioters from Ferguson have been sent to jail?
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?
Excellent post!
Thank you for the research.
I’ve lived in an EXTREMELY “liberal” (more like INSANE) city in Oregon for many decades. The BLM has acted as an arm of the Radical Environmental movement for years out here. Between the BLM, the “Judges” and the Environazis we have suffered enormous economic loss as a state. So, EFF-em!!!
You are kidding, right? I cannot think of a better spokesman for this situation than Ammon Bundy. The man is God-led, for certain. Even tempered, soft-spoken, knows his facts and never stumbles over his words even in front of camera crews. You just be thinking of his father, Cliven, who I really wish had let his son speak for him during the Bundy Ranch situation. You really should go listen to the 20-minute video of Ammon telling his side of this story. It’s over at the Conservative Treehouse or on YouTube.
Don't know about Ferguson but plenty of crack dealers in on mandatory sentences.
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