Thursday, February 11, 2016

Utah Can Save a Lot of Money Letting the Bundy Trials Test Ownership of Public Lands

Yes! Governor Gary Herbert and especially, legislator/lobbyist Ken Ivory take note! The State of Utah is seriously considering a lawsuit to challenge United States ownership of the federal public lands within the state of Utah based on some tricky readings of the U.S. Constitution, the Utah Enabling Act, and the Utah State Constitution - basically the same theories that the Bundy Bunch have used to claim the feds have no authority in Oregon and Nevada!

But wait! Please! A major part of the charges filed today against accused co-conspirator Cliven Bundy in armed confrontation with federal officials performing federal activities on federal public lands is that those lands were obtained by the United States under the 1848 Treaty of Guadalupe Hidalgo with Mexico and never relinquished!

From the Criminal Complaint filed today against Cliven Bundy

Mama, Don't Let Your Babies Grow Up to Be Sovereign Citizen Cowboys

Cliven Bundy speaking at a forum hosted by the American Academy for Constitutional Education (AAFCE) at the Burke Basic School in Mesa, Arizona.
22 July 2014, from Wikipedia Commons, by Gage Skidmore who graciously allows use without any endorsement of this blog or use of the photo
In a brilliant move by the FBI, agents arrested Cliven Bundy at the Portland Airport last night. I mean, how stupid could ol' Cliven be? He is the patriarch of the Bundy Ranch Clan and the scofflaw who cowardly called out the unregulated militias to fend off BLM's attempt to legally impound his cattle that he has been trespassing on public lands for 20 years. He now faces charges for that interference with the duties of authorized government officials and I hope there are additional charges related to his active support for the armed occupation of the National Wildlife Refuge in Oregon.

Saturday, February 6, 2016

US Supreme Court Says Federal Government Can Manage Public Lands

Wild Stallions on Public Land
(To be technically and biologically precise, they are "feral"
not  a native "wild" species. Congress can't get everything right.)
Yeah, so I'm back for another little Civics lesson. The U.S. Supreme Court ruled 40 years ago that the U.S. Department of Interior can manage the public lands in any state under constitutional federal law.

I know, the far right-wing constitutional fundamentalists don't even believe that the Supreme Court can interpret the Constitution. But better them than a bunch of cowboys with guns who forgot a change of underwear  . . . and snacks. (I'm pretty sure the US Supreme Court always has clean underwear except for maybe one or two of them. And I think they have snacks in the robing room).

The case is Kleppe v. New Mexico (1976) ruling that the Wild Free-roaming Horse and Burro Act is constitutional. We usually call it "the Wild Horse Act." We don't deal with too many burros in Utah. And it's one of those lovely Acts of Congress that they give us to manage that is absolutely impossible to manage. We are authorized to kill horses, but do you think that's the PC thing to do? And I've even been sued in my own name once as part of an alleged conspiracy to obstruct the act. The US Attorney easily got the individual names switched out for the United States as we were within our official duties; then got the case dismissed. Slam dunk.

Less Militia, More Dieter!

Yes, I have been a little obsessed with the armed occupation of the Malheur National Wildlife Refuge, the far right-wing views of the Militia with their "sovereign citizen" philosophies, and the tragic death of an old friend caught up in all that.

As I've tried to explain, my work includes legal support for the US Fish and Wildlife Service, the Bureau of Land Management, and the Bureau of Indian Affairs. I was also born in neighboring Malheur County Oregon. So Malheur Country has been with me all my life. I even have a boy who served a LDS Mission in Oregon with part of his time in Burns. Part of his missionary service was assisting with the roping and castrating of calves. How's that for missionary work!?

Thursday, February 4, 2016

Why Cliven Bundy May Be Indicted in Criminal Conspiracy

Because while not actually present at the armed occupation of the Malheur National Wildlife Refuge, Cliven Bundy's public support and encouragement may indict him.

The Associated Press reports that a judge in Oregon has refused to release the sealed indictment against the eleven Malheur armed occupiers in custody and "others." The "others" likely include the remaining four at the refuge in armed defiance of federal law. It may also include Ammon and Ryan Bundy's father, Cliven Bundy, as he has publicly supported the continued armed occupation and encouraged and supported the occupation all through January.

The link above with Cliven's "official notice" to the Harney County, Oregon Sheriff, the Governor of Oregon, and the President of the United States may be enough. Cliven graciously had his signature notarized (without any silly UCC reservations of rights) so that evidence is pretty solid.

And he has supported the armed occupation throughout. His ranch blog contained the following information for money (and snacks) in support of the armed occupiers on January 8, 2016:

I edited out the addresses so as not to assist the Bundys or encourage anyone to do so

Wednesday, February 3, 2016

Signs that Your Friend May Be a "Sovereign Citizen"

As we discussed last night, there is a movement among far-right extremists, including the Malheur armed occupiers, to declare themselves independent sovereign citizens outside the jurisdiction of the federal government. [I feel like I should be charging for this lecture series, but I'm no priest-crafter].

Sometimes you might see an indication from a friend or associate like this e-mail sign-off I sometimes get:
At Arms Length, Without Prejudice (UCC 1-308/1-207) Without Recourse
by _____________, Authorized Agent;
 
All Rights, Remedies and Recourse Reserved
It doesn't make much sense to me either, but with a reference to the UCC and other "legalese" language, it looks like an effort to prevent any accidental contractual obligations or subjection to surprise federal authority.

Tuesday, February 2, 2016

Cliven Bundy and the Contract Citizens of the United States

While his two sons languish in jail and the Finicum Family moves forward preparing for a tragic funeral, Cliven Bundy continues his vendetta against the People of the United States.

Having the form of legality by denying the authority thereof. And he can't spell "Malheur."
From Cliven Bundy's Blog dated Sunday, January 31, 2016, I copied the following:
With money and fear we will justify the assassination of LaVoy Finicum and make political prisoners of all that dare to lift their hand. (We can, we will kill.) This is our livelihood and we will protect our right of life, liberty and the pursuit of happiness, so help me Devil!