BUNDY II? — Additional, Recent Developments in the Hammond Rancher Case in Oregon — Guest Editorial — by Rachel Alexander

Screen Shot 2016-01-03 at 4.09.04 PMObama’s DOJ Demands More Prison Time for Ranchers; Protesters Seize Wildlife Refuge Headquarters — by Rachel Alexander

Make a mistake on federal land, even when you have permission, and you may find yourself going to prison for terrorism. That’s the experience of Dwight and Steven Hammond, a father and son who own a family ranch in southern Oregon and are headed to prison Monday. This weekend some of his ranching associates had had enough.

In recent developments this weekend (1/2/2016) A peaceful street protest in support of the Hammonds was quickly followed by something more dramatic. “After the peaceful rally was completed today, a group of outside militants drove to the Malheur Wildlife Refuge, where they seized and occupied the refuge headquarters,” Harney County Sheriff Dave Ward said. “A collective effort from multiple agencies is currently working on a solution.”

Ammon Bundy, son of Nevada rancher Cliven Bundy, said that he, two of his brothers and scores of other protesters were occupying the headquarters. The Oregonian reports:

In phone interviews from inside the occupied building Saturday night, Ammon Bundy and his brother, Ryan Bundy, said they are not looking to hurt anyone. But they would not rule out violence if police tried to remove them, they said.

“The facility has been the tool to do all the tyranny that has been placed upon the Hammonds,” Ammon Bundy said.

The Oregonian story also includes an Ammon Bundy Facebook video asking others to come help him. There he says that “this is not a time to stand down. It’s a time to stand up and come to Harney County.” Beneath the video, the AP reports, is this statement: “ALL PATRIOTS IT’S TIME TO STAND UP NOT STAND DOWN!!! WE NEED YOUR HELP!!! COME PREPARED.”

Screen Shot 2015-11-19 at 6.34.24 PMUnjustly Convicted?

So, have Dwight and Steven Hammond been unjustly convicted? In 2001 and then again in 2006, the two purposely set two controlled range fires on land they were leasing from the federal government’s Bureau of Land Management (BLM) in rural, southern Oregon. The 2001 fire was set to eliminate invasive species and, on their account, accidentally burned 139 acres of the land. They explained the 2006 fire was set to protect their land from fires raging on adjacent federal land, and accidentally burned only one acre of BLM land. No one was hurt in either fire.

Screen Shot 2015-11-19 at 6.27.43 PM

 

Before setting the fires, Steven Hammond called and received permission from the BLM. The BLM now claims there was no agreement.

Curiously, the DOJ did not press charges until 2011, five years after the second fire and ten years after the first one. Even more curiously, the DOJ didn’t charge them for misuse of public lands. The indictment accused them of violating the Anti-Terrorism Act. The relevant part of that law was intended to apply to people who intentionally start forest fires as acts of terrorism, not ranchers using standard ranching techniques to try to control invasive species and lower the risk of forest fires.

The indictment stated in part that the Hammonds “conspired and agreed to commit” the following offense: “by means of fire(s), intentionally and maliciously damage and destroy, or attempt to damage and destroy, vehicles and real or personal property, in whole or in part, owned or possessed by, or leased to, the United States or any department or agency thereof.” The charges carried a minimum five-year prison sentence. The BLM, represented by DOJ attorneys, could have brought charges other than federal arson against the ranchers that would not have required a mandatory minimum.

Screen Shot 2015-11-19 at 6.28.46 PMA straightforward reading of their motives for the controlled fire strongly suggests that the Hammonds did not “intentionally and maliciously” try to destroy government property. The judge who sentenced the Hammonds, U.S. District Judge Michael Hogan, realized the law did not fit the crime, and so sentenced them to a lighter term in prison of three months for the father and one year for the son.

Judge Hogan explained that sentencing them to the mandatory minimum “would shock the conscience.” He said it would violate the constitutional prohibition against cruel and unusual punishment, because five years behind bars is “grossly disproportionate to the severity of the offenses here.” In fact, both “the judge and jury found the fire had arguably increased the value of the land for grazing.”

But the DOJ prosecutors would not let it go, and appealed Hogan’s decision to the Ninth Circuit Court of Appeals — a waste of taxpayer dollars, considering the Hammonds had already served time in prison for a crime that did not fit the charges.

Three judges on the Ninth Circuit would not stand up to the DOJ prosecutors, and remanded the case back to another judge (Judge Hogan had retired) to comply with doling out the mandatory minimum. U.S. District Judge Ann Aiken duly followed orders, comparing the fires to “eco-terrorism” by environmental activists.

Meanwhile, the BLM has refused to grant the Hammond family a permit for cattle grazing over the past two years, causing them hardship. It is instead charging them with $400,000 in damages.

Screen Shot 2015-11-19 at 6.47.37 PM“This Extreme Abuse of Power”

The Oregon Farm Bureau protested “this extreme abuse of power” (Dwight Hammond had been a member of its board). The well-respected organization started a petition to send to the DOJ that has over 8,000 signatures at savethehammonds.com. “We understand Dwight and Steve broke the law,” Oregon Farm Bureau Executive Vice President Dave Dillon told Western Livestock Journal in an interview. “But the federal government appears to be acting out of vindictiveness here, not justice.” The Bureau hopes President Obama will pardon the Hammonds. It recently announced that it will be submitting FOIA requests to the BLM and pursuing justice further.

After reading the indictment, I think it is very possible that the BLM has a vendetta against the Hammonds because they refused to allow BLM firefighters access to their land when they were putting out the accidental fire on public lands. Were the Hammonds wrong to prohibit the government access to cross their land for that purpose? Maybe. They did not respond to emails forwarded to them and phone numbers listed online were disconnected.

Screen Shot 2015-11-20 at 5.30.41 AMPerhaps the BLM’s record of abuses toward rural land owners made the Hammonds legitimately afraid to allow the BLM access, knowing how much further that could allow the abuse to continue. Considering an accidental — and likely legitimately set (they claim to have had the BLM’s permission) — fire had progressed from their leased property onto other BLM property, how far could the situation be twisted against them, knowing the BLM’s record of mistreatment of other ranchers?

The public is overwhelmingly on the ranchers’ side. The East Oregonian ran an editorial in October denouncing the lengthy prison sentence, noting that “Other federal laws that carry five-year minimum sentences address treason, child pornography, using a gun while committing a violent crime or importing drugs. Burning 140 acres does not compare with any of those crimes.”

The Hammonds have already served one year, three months and a day between the two of them. They are required to turn themselves into the U.S. Bureau of Prisons on January 4, 2016. At some point, when will the grown-ups step in and stop this gross abuse of the legal system?

For ongoing coverage of this unfoldling story, including the occupation and stand-off at the Malheur Wildlife Refuge, folow CNN.

Screen Shot 2016-01-03 at 4.09.52 PMEditor’s Note:  As we have stated on other occasions, we often don’t necessarily agree with the methods and approaches taken by Cliven Bundy and his family as they attempt to make their point(s), including seeking to sort-out differences with the Federal Government; and at this point we can’t necessarily condone their actions with respect to the drama that is unfolding in Central Oregon in the aftermath of peaceful protests regarding the resentencing of Dwight and Steven Hammond.  But with this much we can completely agree: (1)  the Federal Government, including the BLM and Department of Justice are completely out of control; have overstepped their bounds, and have engaged in egregious and unconscionable overreach, and; (2) treating Hammonds as “terrorists” is completely beyond the pale, and; (3) “justice” is often very elusive in our broken, so-called “Justice” system, and seems to be completely absent in this case.  Regardless of whether we agree with their approach(es) or not, however, at least the Bundys have the backbone to stand-up and say and do something (whether it’s right or not) — something that is woefully lacking among most people who just bury their heads in the sand, look the other way, and/or just rollover and say and do nothing as such abuses not only continue, but continue to escalate.

Screen Shot 2016-01-03 at 1.29.10 PMRachel Alexander is a Senior Editor at The Stream. She is a political columnist and the founder of Intellectual Conservative .

She writes for Townhall, Human EventsSelous Foundation for Public Policy Research, The Christian Post, weekend news items for Right Wing News and occasionally pieces for the UK Guardian and other publications. In 2009, she received Americans for Prosperity’s RightOnline Activist of the Year award. She is a recovering attorney, and has served as an Assistant Attorney General for the State of Arizona, Deputy County Attorney/Special Assistant for the Maricopa County Attorney, and corporate counsel for Go Daddy Software. She is a former gun magazine editor. From 2011-2014, she was listed as one of the 50 Best Conservative Columnists by Right Wing News and has won other awards for her writing.

She has appeared on several TV shows and many radio shows as a political commentator, and enjoys interviewing influential voices on the right, from Phyllis Schlafly to Ted Nugent. She lives in Phoenix with her husband and his four children.

For other articles related to prosecutorial abuses, see: