Militia takes over Malheur National Wildlife Refuge headquarters

Discussion in 'Blazers OT Forum' started by SlyPokerDog, Jan 2, 2016.

  1. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    http://www.tsln.com/news/18837869-113/where-theres-smoke

    Judge Michael Hogan, however, did not give the two men the minimum sentence called for under the Antiterrorism and Effective Death Penalty Act of 1996, saying it would have been “grossly disproportionate” to the crime. He added that a longer sentence would not meet any idea he has of justice and that he didn’t believe congress intended that act to be applied in cases like the Hammond one. A longer sentence than the few months he gave them would “shock his conscience” he said.


    Many more details at the link, a great background on the story.
     
  2. MarAzul

    MarAzul LongShip

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    I put out a fire started by a lightening strike of a lone pine right near the border of my land and the BLM land. It burn about a half acre of my land and maybe the same on the BLM side.
    That was 1994 I think. Damn I guess I am very lucky it was before the terrorist laws. Then on the other hand, they didn't want to buy my ranch either.
     
  3. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    It IS an anti-terrorism law (primarily). That's why it has that name. It doesn't mean that the Hammonds are terrorists (although, arguably, they are).
    The prosecutors did not accuse them of being terrorists. They were not convicted of being terrorists. They were convicted of arson.

    The judge that originally sentenced them broke the law by not applying the legal minimum sentences. There's no question about that.

    barfo
     
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  4. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    Too bad, he got overruled. Happens all the time.

    barfo
     
  5. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    Not terribly relevant, but interesting:

    barfo
     
  6. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    There are no other arson statutes?

    The local ranchers feel these people were targeted by the government as a means to force them to sell their land.

    Government land barons.

    Not the solution, it is the problem.
     
  7. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    barfo

    You and your kind are the gift that keeps giving.

    http://www.politico.com/story/2016/01/poll-political-party-identify-217562

    Gallup: Share of Democrats reaches record low

    The share of Americans identifying as Democrats dropped to a record low in 2015, according to the latest Gallup results published Monday, in the latest indication that Americans’ attachment to either political party is at or nearing historical lows.

    Overall, 42 percent over the course of the past year identified as independents, a slight drop from the 43 percent who identified as such in 2014. While Democrats maintained a small advantage over Republicans — 29 percent to 26 percent — the Democratic share is at its lowest in Gallup history.

    ("the majority of the people blah blah" - yeah right.)
     
  8. oldfisherman

    oldfisherman Unicorn Wrangler

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    Thanks for posting the link to the article, it helped explain what is really going on.

    I do not understand why the Hammond’s where given a prison sentence the first time? Backfires are used all the time to control wildfires. Fires have been used to improve the habitat for many centuries. This is all about people with political power and special interest groups pushing their own faulty agendas (again).

    I believe Amanda Marshall (US. Attorney for the state of Oregon) appealing the original prison sentence was a criminal misuse of government power. No wonder the Bundy militia is upset. Here is a link to help understand who Amanda Marshall is.

    http://theconservativetreehouse.com...r-at-the-heart-of-the-hammond-family-problem/
     
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  9. Nikolokolus

    Nikolokolus There's always next year

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    Just saying that the Hammonds were innocently back burning their property is probably inaccurate. Several witnesses testified against them at trial, in particular some hunters and even a relative (doubtful that they were all commie pinkos with an axe to grind against ranchers).

    http://www.kgw.com/news/local/easte...-the-center-of-the-oregon-occupation/11749883

    As to whether or not their sentences are fair, I don't think so. I believe the original judge handed down a fair sentence and I think it was inappropriate for the prosecutor to appeal, but here we are.

    The real tragedy in this idiotic standoff is that now the occupation of the refuge is the only story being reported and the Hammonds being railroaded by minimum sentences is completely forgotten. Hell even the demands of the occupiers seems to be solely concerned with policy change at the federal level with respect to land use.
     
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  10. oldfisherman

    oldfisherman Unicorn Wrangler

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    Agree with you, the militia is only using this issue to gain exposure to push their agenda. I give them the same lack of credibility I gave to the kids than hung from a Portland bridge with ropes to attract public attention for their own special interest. Both groups are extremists using the media, but on opposite sides of the spectrum.

    BTW, I tried to warn people on this site in that bridge hanging thread that the antiterrorism act had faulty wording and huge loopholes. It was only a matter of time before a Federal employee abused the power in that act.

    The question I would have for the hunting guide (I am a hunter). Did he report the Hammonds poaching at that time like all good hunters should?

    I know several hunting, river and fishing guides very well. They are not the most honest when it comes to protecting and promoting their business. I have been lied to by many guides. I have had them apply pressure on me to leave their area. One river guide unknown to me pulled a pistol on me and my lady telling us to drop our tent and load up our raft and leave his campsite. He had just beached with a large group. I told the asshole we got here first, but there was room enough for everyone, and welcome to my campsite.


    For me, the damning testimony was given by the relative. The question becomes, what is a fair penalty? The first judge probably got it right.
     
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  11. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    They did set the fires and admitted so in court. Basically admitted guilt. They were charged with 9 "crimes" and only found "guilty" on those two.
     
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  12. Nikolokolus

    Nikolokolus There's always next year

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    Not really important, but I'm OCD about this kind of thing: Since I don't know the guide, presuming he's shady because other guides have been shady is faulty logic.
     
  13. oldfisherman

    oldfisherman Unicorn Wrangler

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    But not as faulty as the voodoo science models our public land managers are now using to manage the public land and wildlife in OR & WA.

    The models used to manage our public resources are far less accurate then the models used by ESPN trade machine to predict how changing players on a team will affect a win/lose record. There are just too many unknown variables that can not be plugged into those kinds of models for them to work accurately. At least ESPN has accurate historical numbers to work with. Much of the information plugged into public land and wildlife models is pure guess work.

    For ESPN, model variables such as team chemistry and injuries are impossible to predict. Same with public land use models. It is impossible to predict when draughts, heavy snow, and huge wildfire seasons will occur and the impact they would have on both land and wildlife resources.

    The worst wildlife model every created was the wolf re-introduction model. It was so faulty at predicting wolf population growth and the effects the wolf populations would have on other species that the feds trashed that model in less than 2 years. Now the wolf re-introduction is a run-away train wrecking havoc on the models of many other wildlife species.
     
  14. MarAzul

    MarAzul LongShip

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    Oh, Shit! That woman!!!

    "First, she was an Obama appointee."

    " Before that, she served as a deputy district attorney in Coos County. Why? Apparently it was because the White House wanted a woman for the job."

    "In the 'Coos,' they called her 'Black Heart'"

    Yes I remember this, err lady.
     
  15. MARIS61

    MARIS61 Real American

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    The Hammonds are suspected of other arsons, at least 7, that burned a total of over 46,000 acres of public land.
     
  16. MarAzul

    MarAzul LongShip

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    What law was on the books prior to 1996 that would have been appropriate to charge these guys with for the fire in 2001? The fire they are charged with later, the backfire seems a real reach.
    I don't know, these guys maybe bad dudes, but it seems odd they were charge years later, after declining to sell their land to the government. What law would have been appropriate, terrorism seems to be a stretch too far? I bet that law would not have a minimum sentence of 5 years. The prosecutor that appealed their sentence to enforce the 5 year sentence has a reputation here in Coos county as a real, well a word I hate to use, so I will be kind and use 'asshole'.
     
  17. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    Sure, that may be so, maybe she's not a nice person.

    However, realize that a jury 'of their peers' convicted them of violating that statute, and the appeals court reversed the minimal sentencing. So it isn't just her.

    barfo
     
  18. MarAzul

    MarAzul LongShip

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    I don't know what the Jury knew of the minumum sentence involve. The jury was not involved with the appeal that got the minimum sentence imposed. Just her! It seem to be "just her" also in the sense, that I can't find a case where the prosecution has ever appealed a conviction sentence. My god! this one was appealed after the sentence had been served. Holy Cow! it was appealed after they declined to sell the ranch to the government! Wow, she stands unique in quite a few ways! Astonishing really.
     
  19. Denny Crane

    Denny Crane It's not even loaded! Staff Member Administrator

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    The evidence being they confessed to starting the fires vs something the prosecution proved.

    SMH
     
  20. barfo

    barfo triggered obsessive commie pinko boomer maniac Staff Member Global Moderator

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    No, not just her. Just her and the appeals court.

    Then you haven't looked very hard at all. Or you are bad at research?

    If you say so. I would certainly agree there appears to have been plenty of bad blood between the Hammonds and the government.

    Poke the bear repeatedly as the Hammonds did, you should maybe expect to get mauled. Doesn't make the bear right, but it does make the Hammonds kind of stupid.

    barfo
     

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