Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
There is speculation among some posting on the internet that Michele Fiore, Gavin Seim and COWS (Coalition of Western States) set this protest up. One of the posters is supposed to testify this mext week. Maybe some information will come out in the trial.
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Environmentalists pushing for conviction in Malheur Protest case
Judge Brown still has to rule on Shawna Cox's latest motion on jurisdiction.
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Environmentalists Desperate for Convictions? — Bundy Convictions a “Must”
September 25, 2016 -
Government/Politics, Land Use News, Oregon Standoff, Public Lands - Tagged: Bundy, Energy, environment, Greenwire, Malheur, Oregon Standoff, Range, RANGEfire, trial - no comments
According to Energy & Environment Publishing’s Greenwire News, the trial of leaders of the armed standoff at Malheur National Wildlife Refuge represents a make-or-break moment in efforts to quash the anti-public-lands movement in the West.
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Note: We’ve said it over and over again, here at RANGEFIRE! we have no interest in being a single-dimensional echo chamber. We acknowledge that there are always multiple sides to every story. In the West, there is an old saying to the effect that: “good fences make good neighbors.” At RANGEfire! we acknowledge our virtual neighbors on this virtual landscape. We think it is important for people to have an opportunity to hear all sides of the story, and know what others are saying about these issues. So we often share what others are saying. In this case, E&E Greenwire has provided extensive and in our view highly-biased coverage of the Oregon Standoff itself, and everything related to it, including the current trial in Progress in Portland.
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WHAT OTHERS (E&E Greenwire) ARE SAYING:
According to E&E Greenwire News, “If the government fails to secure convictions for the seven defendants in the Portland, Ore., proceedings that began last week, it could embolden their followers to stage more protests of federal land management policies.
“It is extremely important that our justice system come through and convict these guys,” said former Interior Deputy Secretary David Hayes.
Hayes added that the trial needs to send a “message” to defendant Ammon Bundy, the leader of the 41-day armed standoff, and his supporters.
“If there are no consequences to a physical takeover of public lands, this is what they want,” said Hayes, who is now a law professor at Stanford University. “They want to whip up a sense of entitlement to take actions that are clearly illegal.”
Observers added that the trial is also an opportunity for the government to make up for what many characterized as a failed response to the 2014 standoff at the Bundys’ ranch in Bunkerville, Nev.
There, Bundy’s father, Cliven, led an armed rebellion against Bureau of Land Management officials over a roundup of cattle due to $1.1 million in unpaid grazing fees. Out of concerns for safety, federal officials ultimately backed down, though Cliven Bundy and his sons face separate trials on charges stemming from that event.
The high-profile nature of the current case may explain why federal prosecutors opted to charge the defendants with conspiracy — a charge that veteran attorneys say is typically easier to prove in front of a jury.
Specifically, the government charged 26 occupiers with conspiracy to impede federal officials through threats, intimidation or force during the standoff that ended Feb. 11. The current trial is for seven defendants, five of whom also face charges of possession of a firearm on federal property.
Conspiracy is a felony, and, if convicted, the defendants will likely face several years in prison.
However, the government likely could have filed more significant charges, including trespassing or domestic terrorism. It also did not file significant destruction of government property charges, even though officials have said the occupation has cost taxpayers some $9 million.
Vermont Law School professor Pat Parenteau said prosecutors have discretion over what charges are filed. In this case, the U.S. attorney’s office likely didn’t want to “overcharge,” meaning file charges on which it would be difficult to persuade a jury to convict. If anything, prosecutors likely wanted to “undercharge,” he said.
“An acquittal,” Parenteau said, “would be a disaster.”
‘Easier to prove’
Conspiracy has long been a favorite among prosecutors.
In 1925, federal Judge Learned Hand famously called conspiracy the “darling of the modern prosecutor’s nursery” because of its advantages.
To prove conspiracy, the bar is relatively low, said Tung Yin of Lewis & Clark Law School, who has been following the case.
Prosecutors need only show that there was agreement to commit an unlawful act and that there was some sort of overt act toward furthering the conspiracy.
The government need not prove, however, that every member of the conspiracy agreed to every part of the conspiracy. The act taken to further the conspiracy, moreover, doesn’t itself need to be illegal.
“What makes it powerful is that the government doesn’t have to prove that these guys actually impeded government employees,” Yin said, “only that they agreed to do so.”
And the agreement doesn’t need to be formalized or in writing. That is what makes the reams of Facebook data taken from the defendants’ accounts so important to the prosecution’s case, Yin said.
Last week, the government spent days introducing posts from those accounts in which the defendants instructed followers to come to the refuge and to bring their guns.
Kevin Sali, a Portland-based criminal defense attorney, said the conspiracy charge allowed the prosecution to cast a wide net in charging many of the occupiers.
“It is easier to prove,” Sali said. “Once you prove that people agreed to do something unlawful, that’s it.”
That may explain why 11 of the 26 people charged pleaded guilty to the charge, including Ryan Payne, another leader of the standoff. (Several others asked to have their trial delayed; they are due in court in February.)
Michael Blumm, another law professor at Lewis & Clark, said prosecutors may also be motivated by another factor: that Ammon Bundy, his brother Ryan and the other defendants refused to plead guilty.
U.S. attorneys, he said, dislike expending resources on cases where there is overwhelming evidence of the defendants’ guilt, as there is here due to the voluminous Facebook data and media coverage of the standoff.
The defendants, he said, could have faced reduced prison time if they had pleaded guilty. Because they didn’t, prosecutors will likely seek maximum sentences in the trial that is expected to last two to three months.
Instead, Blumm said, it appears the Bundys are looking to advance their protest over federal land ownership via the trial — even though federal District Judge Anna Brown repeatedly admonished lawyers last week for bringing up the subject because it is not relevant to the charges.
Blumm added that there simply is no legal basis for the Bundys’ constitutional argument over federal land ownership (Greenwire, Jan. 20).
“That train sailed 175 years ago,” he said.
RANGE / RANGEFIRE! — Addressing Issues Facing the West / Spreading America’s Cowboy Spirit Beyond the Outback
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Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Michele Fiore made a secret recording with Mark McConnell when she and another fellow met him to recover Ammon Bundy's personal things left in McConnell's jeep
http://youtu.be/J-Tw7PDTecc
https://youtu.be/J-Tw7PDTecc
There is an interesting exchange on "Cliven Bundy's Army" facebook page:
https://fbcdn-profile-a.akamaihd.net...9f671ac0ab69bf
Teresa Brookshire
20 hrs
Michele Fiore met with Mark McConnell to pick up Ammons briefcase and cowboy hat that were left in Mark's jeep. She secretly recorded her conversation with him. His video plays first and then her recording, some of which is transcribed due to traffic background noise. DML interview with Ammon and Ryan follows.
https://fbexternal-a.akamaihd.net/sa...&sw=360&sh=360
Government Informant Mark McConnell Secret Recording by Michele Fiore - YouTube
JOHN B shared a video
YOUTUBE.COM
8 Likes9 Comments16 Shares
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Rita Pritchard, Alexe Annette, Rick Mooneyham and 5 others like this.
16 shares
Comments
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Jonathon Skipper Speece Technically I met with him, I had Michele show up so I could have a witness when I retrieved Ammon's belongings.
Like · 4 · 19 hrs · Edited
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Teresa Brookshire Thank you for clarifying!
Like · 4 · 19 hrs
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Jonathon Skipper Speece He wanted to come to the ranch. Yeah, not happening. We met up at a public truck stop on I-15
Like · 5 · 19 hrs
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Teresa Brookshire Yes, you could definitely hear the trucks. Was he saying Brian Cavaliers phone was still in his jeep?
Like · 2 · 19 hrs
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Jonathon Skipper Speece Not according to the search warrant he showed me.
Like · 2 · 19 hrs
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Teresa Brookshire Jonathon Skipper Speece got it.
Like · 19 hrs
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Jonathon Skipper Speece I took photos of it, I'll see if I still have them
Like · 6 · 19 hrs
Jonathon Skipper Speece Supposedly that black Samsung phone was booda's. Booda did have a black Samsung phone. I saw it when he came down to the ranch for a few days. He lost his white one when he got arrested in AZ for an outstanding warranthttps://fbcdn-photos-c-a.akamaihd.ne...59669f30c7d08a
Like · 2 · 19 hrs
Teresa Brookshire Very good!
Like · 1 · 18 hrs
Bill Goode Very well handled, Jonathon Skipper Speece.
Like · 3 · 18 hrs
Dave Walker Lol There's more than one douche informant. I would lay money on it.
Like · 4 · 18 hrs
Hide 32 Replies
Jonathon Skipper Speece I'm pretty sure.
Like · 3 · 17 hrs
Dave Walker yeah, me too.
Like · 2 · 17 hrs
Jonathon Skipper Speece Question is, did Booda turn while in jail, or was he always a rat?
Like · 2 · 17 hrs
Jonathon Skipper Speece And according to one of the police reports I saw online, sounds like there was a female informant.
Like · 2 · 17 hrs
Dave Walker no question in my mind
Like · 1 · 17 hrs
Andie Basse I was thinking the guy who was supposed to gp in lavoys truck but they couldnt find right before leaving was an informant. I think lavoys truck had a date with the firing squad. Was shot at driven into the roadblock and meant to get into a gunfight with osp on live video. Either was an informant in there or they all stayed out knowing it would be lit up
Like · 1 · 17 hrs · Edited
Bill Goode Skipper, female informant - MD Laughter possibly?
Like · 1 · 17 hrs
James Karma Bishop Bill Goode oh and another Informant this gets more interesting with every new Post that I Read.
Like · 1 · 17 hrs
Bill Goode No certainty that MD was an informant, merely a possibility, as it's in her nature, and Skipper said there was a possibility of a female informant.
Like · 2 · 17 hrs · Edited
James Karma Bishop Bill Goode I without a Doubt Seriously think that the Death of Robert Lavoy Finnicum was Premeditated.
Like · 3 · 17 hrs
Comtinued next page:
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Continuation:
Andie Basse Me too elite snipers dont miss but they can drive you into a roadblock. Is it confirmed that ryans shoulder wound was shrapnel? Wouldnt suprise me if they shot him in the shoulder to get him to get in a dramatic shootout with osp all caught on camera
Like · 1 · 17 hrs
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James Karma Bishop Andie Basse If Robert Lavoy Finnicum would not have been Murdered the Trial would be going alot Different.
Like · 1 · 17 hrs
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Bill Goode Absolutely killing LaVoy was premeditated. All one has to do is listen to Butch Eaton's interview he gave on 15 March. The FBI interviewed Butch on 3 January and asked him SPECIFICALLY ABOUT LAVOY, TO CONFIRM BUTCH SAW LAVOY AT THE REFUGE THE DAY BEFORE. Yes, no doubt about it, the killing of LaVoy was absolutely premeditated by the FBI.
Like · 3 · 17 hrs
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Andie Basse If you listen to shawnas interview she states someone else was supposed to film and they couldnt find them so she went. Whoever that was knew
Like · 1 · 17 hrs
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James Karma Bishop Andie Basse The Question is, is who was supposed to Film and what did they know ?
Like · 1 · 17 hrs
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Andie Basse I think she says his name would have to listen to the interview again
Like · 1 · 17 hrs
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Andie Basse Oh they knew that truck was going to get lit up like an xmas tree
Like · 1 · 17 hrs
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Andie Basse Not to get in it
Like · 1 · 17 hrs
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James Karma Bishop Andie Basse Why did they want that Specific Person to Film.
Like · 17 hrs
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James Karma Bishop Andie Basse The Phrase Lit up like an Xmas Tree is very Scairy.
Like · 17 hrs
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Bill Goode Andie Basse It was David Fry that was supposed to go to John Day to film, but Shawna took his place, when he couldn't be found. David is certainly no informant, but he was supposed to go, as he did a lot of LaVoy's filming.
Like · 3 · 17 hrs · Edited
James Karma Bishop Andie Basse You are meaning to say that, that Specific person who was Supposed to Film the whole thing may have been Warned not to go or knew something was going to happen ?
Like · 17 hrs
Andie Basse Ur sure it was fry? I didnt remember his name ill have to listen to the interview again
Like · 1 · 16 hrs
James Karma Bishop Andie Basse I'm Putting all the Facts Together and all of the Pieces Together.
Like · 15 hrs
Andie Basse At 640ish she mentions that they couldnt find someone who was supposed to be in lavoys truck. She doesnt state a name in this interview
http://mediaarchives.gsradio.net/commonsens.../hr3013116.mp3
Hr3013116
MEDIAARCHIVES.GSRADIO.NET
Like · 15 hrs
Andie Basse He bill mentions its fry please post a link to confirm tht if it wasnt fry thats your second informant
Like · 1 · 14 hrs · Edited
John Kolak Andie Basse I think if it was shrapnel, they would not have left it in his shoulder because of sharp edges. I believe I read that Ryan said he saw the x-ray, and it was clearly in the form of a bullet, but after reading so much, it's hard to remember everything clearly.
Like · 1 · 11 hrs
Bill Goode Andie Basse, Yes, I'm sure. Shawna herself told me Fry was supposed to go, but they couldn't find him. So she volunteered to go.
Like · 2 · 10 hrs
Bill Goode I just checked Shawna's affidavit again. It was David Fry that was supposed to go.
Like · 2 · 10 hrs
Bill Goode My suspicion is growing that if there was a second informant, it was MD Laughter. I've been told she has, since the Refuge, been trashing the Bundys, a really dumb thing to do.
Like · 1 · 10 hrs · Edited
Andie Basse I know a billion people will stick up for fry or payne but anyone who got out or didnt get in lavoys truck id suspect a little. Payne and fry had a fued too.
Like · 1 · 7 hrs · Edited
Andie Basse Im not talking shit or trying to start any just noted
Like · 7 hrs
Bill Goode Skipper, is there a reason you can tell us why this took so long to release? It's been almost 8 months since recorded.
Like · 3 · 17 hrs
Andie Basse A trooper just confirmed mcconel is an informant
Like · 3 · 17 hrs
Jonathon Skipper Speece I swore Michele put this out there a while back. I don't know, I've slept since then.
Like · 3 · 1
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Continuation--
Michelle Arnett This was posted yesterday, does anyone know them?
Lisa Bundy
Yesterday at 9:27pm
Attention: Paid Informants in the Refuge case with my husband....the father and son DUNBAR ranchers. Paid $4000 total. Each receiving $2000. They did nothing but lie through their teeth on the stand. The receipt was made known in court.
Finding this stuff out....it doesn't make me mad, but sad.
Like · 1 · 17 hrs
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Bill Goode Michelle Arnett, who or what is the "them" that you are asking about and referring to?
Like · 16 hrs · Edited
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John Kolak I think she means the nearby ranchers, the Dunbar family that just came up in the trial. Lisa says their testimony was perjury.
Like · 2 · 11 hrs · Edited
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Bill Goode OK, got it.
Like · 10 hrs
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Bill Goode Thom Davis and / or Chris Briels, both living in Harney Co, do you know the Dunbars?
Like · 1 · 10 hrs
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Michelle Arnett John Kolak, yes, thank you, that is who I was referring to as "them".
Like · 1 · 9 hrs
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Jonathon Skipper Speece When Michele and here party walk up to the car she mentioned that was in front of Mark's Jeep, that was me greeting Michele at first, not Mark.
Like · 5 · 16 hrs
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Teresa Brookshire Scroll back to Thursday, I posted the tweets from Maxine from court. A couple of discussions from where I posted this elsewhere was that when the Dunbars first became alarmed was when many vehicles were turning around in their driveway and several men running through their property. They contacted the sheriffs depart and were told to cut their lights off and lock their doors. They did not dispatch anyone to investigate. Their property is across the road from one area of the refuge. The son actually went to the refuge himself, to the entrance on his quad and engaged with others there, a few who were drinking a beer and he participated also (none of the occupiers were drinking.). The FBI used their property to conduct surveillance and Mr. Dunbar testified at one time he could see someone in the tower pointing a weapon at him. On cross, he concurred it could have been something else. The FBI paid them for the use of their property from Jan 2nd on, but it was not stated when they actually became aware the FBI was using their property. One post said the Dunbars did not want the money. Testimony was given that after LaVoy's death he came across one person coming out of the refuge through his property that was scared to death. All is paraphrased and what I can recall. So, could it have been the FBI that was turning around in his driveway and running through his land? Is that why Harney County did not dispatch anyone, because they already knew who it was? I wish one of the attorneys had asked if it were possible those turning around in his driveway and crossing his land were FBI agents.
Like · 2 · 8 hrs
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Last week's trial recap from Redoubt News by Shari Dovale
http://redoubtnews.com/2016/09/25/ma...l-week-3-wrap/
Malhuer Protest Trial – Week 3 Wrap Up
http://i2.wp.com/redoubtnews.com/wp-...size=641%2C296Malheur Protest Trial – Week 3 Wrap Up
By Shari Dovale
The trial in Portland has proven to be enlightening, as the very least. Judge Anna Brown does not hide her bias against the defense. The government has not put on a very strong case, but Judge Brown is helping them all she can.
Ammon continues to wear his jail scrubs in a powerful political statement. Others have joined him, including protesters outside the courthouse. There is another defendant that wears scrubs daily and that is Neil Wampler. We are hoping that others will join them in this statement.
http://i2.wp.com/redoubtnews.com/wp-...size=219%2C263
John Lamb, organizing rallies outside of the Multnomah County jail
Details of LaVoy Finicum’s murder have seeped into the trial, with Judge Brown actively trying to keep it from the jury. She has threatened the defense attorneys with $1,000 fines if they continue to bring up the details or try to discuss the FBI cover-up in that case.
Brown has said that the fact of Finicum being shot by Law Enforcement is enough information. She also said that these actions, for the most part, happened after the events at the refuge, so they are not pertinent to the charge of conspiracy. She actually called it “irrelevant.”
However, co-defendant Jeff Banta only arrived at the refuge the night before LaVoy was murdered, so I would think this is very relevant in his case. The same with all of the ‘final four.’ Let’s hope their attorneys can make that point with the judge.
Mark McConnell was revealed to be a cooperating government witness. He provided detailed information on January 26th, including which vehicles were being driven that day, who was in each vehicle, and the threat assessment the FBI could face. This information allowed the FBI and Oregon State Police (OSP) to set up the stop at the illegal deadman’s roadblock and ultimately murder LaVoy Finicum.
The government continued with their witnesses, including a rancher named Dunbar, who lives adjacent to the Malheur Refuge. He admitted that he, and his son, each received $2,000 from the government for “services rendered’ during the month of January 2016. He did try to claim that he did not want the money, but was forced to admit on cross examination that he did not return it. It was a ‘significant amount of money’ for him, after all.
http://i0.wp.com/redoubtnews.com/wp-...size=164%2C132
Message from the Multnomah County Jail.
The government then proceeded to discuss the FBI negotiations with the final four after the arrests on January 26th. It was very hard to see the absolute lack of conscience these FBI special agents have towards the American public.
They know that they are allowed to lie to the people in this country, even though it is a crime for someone to lie right back to them. When the crisis negotiators talked to the protesters, they said whatever they had to say to achieve their ends. Truth was never the most important item on the agenda.
Next week will bring an end to the government’s case. They are projecting 2 days of evidence presentation, with individual FBI agents presenting each separate piece of evidence. The defense is expected to begin on
Wednesday, September 28th.
We will be there for you.
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Quote:
Originally Posted by
Tumbleweed
I went looking for the video that "Call of Duty Goddess" did where she pointed out that it looked like Lavoy pointed at the foam bullet shooter after he fired. She said Lavoy pointed at him and said "he shot me". She has taken it down but I'd sure like to look at it again.
If I were on the jury and Fred Grant was the prosecutor against those who murdered Lavoy Finicum I'd find them guilty and want them punished to the full extent of the law. SOB's
LaVoy points out person that takes first shot at him.
http://youtu.be/HRmbVDS4p4I
https://youtu.be/HRmbVDS4p4I
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
There is a 13 minute facebook video of LaVoy and his brother at the refuge here. I don't know if it is on youtube or not.
https://www.facebook.com/gunflowers/...8825867711128/
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Who are the officers Ammon Bundy is accused of impeding?That has been a question in my mind since I first read the charges. Do employees at a bird refuge meet the legal definition of "Officers"?
Burns Chronicles No 30 – Officer? What Officer?
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Gary Hunt
Outpost of Freedom
September 26, 2016
In the Indictments, both in Oregon and Nevada, there is one Count that raises some serious questions. The exact wording, to the extent of understanding the charges being made, is as follows:
For Oregon:
COUNT 1
(Conspiracy to Impede Officers of the United States)
(18 u.s.c. § 372)
On or about November 5, 2015, and continuing through February 12, 2016, in the District of Oregon, defendants…
It then goes on to list the Defendants and makes some rather general accusations, WITHOUT naming “Officers” or, how they were impeded.
Next, we look to the Nevada Indictment:
COUNT TWO
Conspiracy to Impede or Injure a Federal Officer
(Title 18, United States Code, Section 372)
Then, they go into a narrative, missing, of course, any named “Officers”, or any specific acts that constitute impeding.
The statute cited reads:
18 U.S.C. § 372 : US Code – Section 372: Conspiracy to impede or injure officer
If two or more persons in any State, Territory, Possession, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof, or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined under this title or imprisoned not more than six years, or both.
Now, our concern, as much as with the Indictments lacking specificity, is the Statute, itself. So, let’s first trace the history of the Statute, and then we will look into just who an “Officer” might be.
.
On July 31, 1861, just four months after the start of the Civil War, Congress enacted the first statute (12 Stat 284) that addressed what eventually resolved down to 18 USC § 372:
An Act to define and punish certain Conspiracies
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if two or more persons within any State or Territory of the United States shall conspire together to overthrow, or to put down, or to destroy by force, the Government of the United States, or to levy war against the United States, or to oppose by force the authority of the Government of the United States; or by force to prevent, hinder, or delay the execution of any law of the United States; or by force to seize, take, or possess any property of the United States against the will or contrary to the authority of the United States; or by force, or intimidation, or threat to prevent any person from accepting or holding any office, or trust, or place of confidence, under the United States; each and every person so offending shall be guilty of a high crime, and upon conviction thereof in any district or circuit court of the United States, having jurisdiction thereof, or district or supreme court of any Territory of the United States having jurisdiction thereof, shall be punished by a fine not less than five hundred dollars and not more than five thousand dollars; or by imprisonment, with or without hard labor, as the court shall determine, for a period not less than six months not greater than six years, or by both such fine and imprisonment.
APPROVED, July 31, 1861.
By 1909, in 35 Stat 1092, the particulars of § 372 had been separated from other elements. This is the first codification of the Statutes, and this section would fall under “Crimes – Chapter One. – Offenses Against the Existence of the Government”, at:
SEC. 21 . If two or more persons in any State, Territory, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof ; or to induce by like means any officer of the United States to leave any State, Territory, District, or place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined not more than five thousand dollars, or imprisoned not more than six years, or both.
There is no significant change when the method of codification was changed, by 62 Stat 701, with the exception of adding, “to injure him in his person or property on account of his lawful discharge of the duties of his office“.
In 1948, with the adoption of 62 Stat 701, we see the adoption of the current form of statute identification, of “Title 18 – Crimes and Criminal Procedures”
§ 372. CONSPIRACY TO IMPEDE OR INJURE OFFICER
If two or more persons in any State, Territory, Possession, or District conspire to prevent, by force, intimidation, or threat, any person from accepting or holding any office, trust, or place of confidence under the United States, or from discharging any duties thereof, or to induce by like means any officer of the United States to leave the place, where his duties as an officer are required to be performed, or to injure him in his person or property on account of his lawful discharge of the duties of his office, or while engaged in the lawful discharge thereof, or to injure his property so as to molest, interrupt, hinder, or impede him in the discharge of his official duties, each of such persons shall be fined not more than $5,000 or imprisoned not more than six years, or both.
This is nearly identical to the existing statute, 18 US Code § 372, shown first above.
So, now let’s look at just which members of government were the subjects of the protection afforded by the statute. In the Indictments and the statutes, reference is made only to “Officers”. So, is any employee of government an “Officer”? Or, is that title reserved only to a certain character of those who work for the government?
First, we need to know what the Constitution says about “officers”, though we need not consider Officers in Congress, the Judicial Branch, or the Military, as surely, none of those was present at the Malheur National Wildlife Refuge. Any other reference to “officers”, we find the Article II – The Executive Branch. In Section 2, clause 2, we find:
He [President] shall have Power, by and with the Advice and Consent of the Senate, to … appoint … Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
Then, in Section 3:
He shall … Commission all the Officers of the United States.
So, though the Courts of Law and Heads of Departments may commission officers, if Congress so decrees, the President still has to “commission such officers”.
And, in Section 4:
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.
So, unlike employees, officers can only be removed by the impeachment process, as administered by the Congress.
But, from a practical standpoint, other officers became necessary. During Prohibition, officers were designated to execute search warrants. A challenge was made over their constitutional, as explained above. This is what the Supreme Court said in Steele v U S 267 US 505 (1925), in broadening the previous limitation on what Officers were. Here are a few excerpts from that decision:
The argument is that the prohibition agent is appointed by the Commissioner of Internal Revenue, and therefore is only an employee and not a civil officer of the government in the constitutional sense, because such an officer under article 2, section 2, of the Constitution can only be appointed either by the President and the Senate, the President alone, the courts of law, or the heads of departments.
This was the challenge that Steele had set before the Court, and which the Court had to decide. There had yet to be a case where the expansion of the constitutional limitation was put to the test.
It is quite true that the words ‘officer of the United States,’ when employed in the statutes of the United States, is to be taken usually to have the limited constitutional meaning.
So, the Court decides to take on the task. Even though there was no commission from the President, the enactment, by the Congress, of certain laws, had to grant such status to fulfill the duties assigned:
‘The Commissioner, his assistants, agents, and inspectors, and all other officers of the United States, whose duty it is to enforce criminal laws, shall have all the power … in the enforcement of this act or any provisions thereof which is conferred by law for the enforcement of existing laws relating to the manufacture or sale of intoxicating liquors under the law of the United States.’
So, the exception made is where a duty requires enforcement or service, to create that official (officer) capacity. Since that time, those positions that are within this expanded scope of the definition appear to have a prefix to their title that establishes that status.
To understand this, let’s look back at how the government dealt with multiple deaths in the Oklahoma City Bombing (April 19, 1993). What we are concerned with is how the deaths were treated — were they all considered to have been “killed” by the acts of McVeigh, or were some simply “deaths”, collateral damage”, as a result the truck bomb. From the McVeigh Indictment:
COUNTS FOUR THROUGH ELEVEN
(First Degree Murder)
The Grand Jury further charges:
On or about April 19, 1995, at Oklahoma City, Oklahoma, in the Western District of Oklahoma,
TIMOTHY JAMES McVEIGH
and
TERRY LYNN NICHOLS,
the defendants herein, did unlawfully, willfully, deliberately, maliciously, and with premeditation and malice aforethought, kill, and aid, abet and cause the killing of, the following persons while they were engaged in and on account of the performance of official duties as law enforcement officers:
Name/Position:
COUNT: FOUR Name/Position: Mickey Bryant Maroney Special Agent United States Secret Service
COUNT: FIVE Name/Position: Donald R. Leonard Special Agent United States Secret Service
COUNT: SIX Alan Gerald Whicher Assistant Special Agent in Charge United States Secret Service
COUNT: SEVEN Cynthia Lynn Campbell-Brown Special Agent United States Secret Service
COUNT: EIGHT Kenneth Glenn McCullough Special Agent United States Drug Enforcement Administration
COUNT: NINE Paul Douglas Ice Special Agent United States Customs Service
COUNT: TEN Claude Arthur Medearis Special Agent United States Customs Service
COUNT: ELEVEN Paul G. Broxterman Special Agent Department of Housing and Urban Development Office of Inspector General
All in violation of Title 18, United States Code, Sections 1114, 1111 and 2(a)&(b); and Title 28, Code of Federal Regulations, Section 64.2(h).
When we look at 18 US Code §§ 1114 & 1111, we find that 1114 says,
Whoever kills or attempts to kill any officer or employee of the United States or of any agency in any branch of the United States Government (including any member of the uniformed services) while such officer or employee is engaged in or on account of the performance of official duties, or any person assisting such an officer or employee in the performance of such duties or on account of that assistance, shall be punished – [then lists punishments]
Then, in § 1111, we find the establishment of jurisdiction:
(b) Within the special maritime and territorial jurisdiction of the United States,
So, if the crime had been committed in the “maritime or territorial jurisdiction”, it would be murder. However, as we saw in § 1114, if the victim is an “officer or employee”, the person can be punished. Now, this appears to apply to any employee, as well as an officer. However, if we look at the history of the Statute, we can find what happened in 1989. This would be as the statute existed at the time of the OKC Bombing, at 10 Stat 4831:
http://outpost-of-freedom.com/blog/w...-4831-1989.jpg
So, in 1989, and still in 1993, when the bombing occurred, the statute had territorial limitations. It was not until 1996, with 110 Stat 1302, that the government extended its reach (isn’t that what both MNWR in Burns and Bundy Ranch in Nevada are all about?) to go beyond the Constitution and assume authority that is in conflict with the Tenth Amendment to the Constitution.
However, understanding the limitation imposed by the Statute § 1114, as it existed in 1993, we find that there are only eight (8) people that McVeigh and Nichols are charged with murdering (killing). However, the Indictment lists another 160 people that died as a result of the “truck bomb explosion”. The eight listed are all “special agents”. So, we can safely assume that they were “Officers” and are covered by the umbrella that is applicable in 18 US Code § 372, as well as other statutes, where the government can legally punish someone for damaging (murdering) what is presumed to be government property (Officers).
So, what of those other 160 people? Well, they are covered in COUNT ONE:
38. As intended by McVEIGH and NICHOLS, the truck bomb explosion resulted in death and personal injury and the destruction of the Alfred P. Murrah Federal Building, located within the Western District of Oklahoma. The following persons were present at the Alfred P. Murrah Federal Building on April 19, 1995, and were killed as a result of the explosion:
Charles E. Hurlburt 73
[First and last names shown, the other 158 omitted for brevity, but can be seen on the linked “McVeigh Indictment“.]
Gabreon Bruce 4 months
All in violation of Title 18, United States Code, Section 2332a.
So, all of those in the class of “employees” that fit the criteria of “Officers” are also identified as “Special Agents”. And, those other 158 people are, well, to use a government term, “collateral damage” as a consequence of the explosion of a truck bomb. Punishable only because a truck bomb was used.
However, 18 US Code § 372 has not been changed, as 18 US Code § 1114, to extend beyond the constitutional limits imposed by the Constitution, and expanded by the Supreme Court in the Steele decision.
So, this brings us to the ultimate question of whether there were any “Officers” that were kept from doing their duty, by the actions of those who occupied the MNWR headquarters. Well, we know that a number of “Special Agents” have been employed, since the occupation, to ramble through Facebook, the Refuge and elsewhere. So, rather than impeded, they are gainfully employed in doing their duty. However, the prosecutors in the case have yet to being forward the name and capacity of just one “Officer” that would satisfy the statute, and with the requisite credentials to qualify under Steele, to be deemed an “Officer”.
If someone had been charged with robbing a bank, would not the bank have to be included in the Indictment?
“We charge Jon Doe with robbing a bank, in violation of such and such a statute”. “What bank did they rob?” you ask. “Well, we don’t know what bank they robbed,” they answer.
As demonstrated by the McVeigh Indictment, those who are injured, or impeded, must be named. Moreover, they must be officers, not just employees. For the prosecutors to fail to provide the requisite information is comparable to the analogy of the bank robber. The insufficiency of the Indictment cries out for Count One to be quashed, as it is a chare without merit, and the evidence presented, to date, has done nothing to answer the crucial question of which “Officers” have been so affected by the actions of the accused?
Re: 150 Militia Take Over Makhuer National Wildlife Preserve Headquarters
Quote:
Then, in § 1111, we find the establishment of jurisdiction:
Quote:
(b) Within the special maritime and territorial jurisdiction of the United States,
So, if the crime had been committed in the “maritime or territorial jurisdiction”, it would be murder. However, as we saw in § 1114, if the victim is an “officer or employee”, the person can be punished. Now, this appears to apply to any employee, as well as an officer. However, if we look at the history of the Statute, we can find what happened in 1989. This would be as the statute existed at the time of the OKC Bombing, at 10 Stat 4831:
But if we examine the statute further we find it also includes land jurisdiction: Stautue 62 Capter 645 Section 7(3)
"Any lands reserved or acquired for the use of the United States". . .
"The use of the United States?" Does that mean exclusive use of the United States such as a military installation or a federal office building or bombing and gunnery range, or does it also include federal owned property such as the Malhuer headquarters?
I suspect the intent of Congress when it wrote this statute can be found in the Congressional Record.
I think you will find the answer to that in Shawna Cox's most recent filing Regarding jurisdiction. Judge Brown has yet to make a ruling.
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