150 Militia Take Over Makhuer National Wildlife Preserve Headquarters

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Originally Posted by monty

Comments from Dr. McIntosh re jurisdiction/ownership of Malheur headquarters, who was subpoenaed by Shawna Cox

Edit: the judge and prosecutors have all stepped out of their federal office by usurping jurisdiction where it doesn't exist. They could/should be subject to civil lawsuits, and criminal prosecution as well, but as Dr. Trowbridge points out they will immediately remove the case to the federal court system where their buddies protect them.

Angus McIntosh

20 hrs ·
I was subpoenaed to testify in the Malheur Protest trial by one of the defendants, Shawna Cox.

Having thoroughly reviewed and analyzed the the legal history and title documents produced by both the government and the defendants, Dr. Michael Coffman and myself prepared an analysis document for the Court which I also submitted as a sworn Declaration. That declaration was submitted by defendant Ammon Bundy's attorney Marcus Mumford along with a motion to dismiss the charges based on a lack of federal jurisdiction.

In a voir dire hearing prior to trial I stated that there were serious questions of federal ownership of the land and improvements at the location where the protest occurred. In the same hearing I was shocked to find out that at least some of the legal counsel in the room were unaware of Title 18 USC 1855 (which would have exonerated the Hammonds in the first place).

As to the federal employees actions toward the local ranch owners since approximately 1984 it turns out the Bundy's suspicion of fraud and illegal activities was absolutely correct. All the land acquired in the area around the lake (including the headquarters) was purchased under a Depression/Dustbowl era statute specifically intended to purchase abandoned or unproductive farms and then "resettle" that land in large enough "units" capable of supporting a family.

Congress actually ordered and required the land where the headquarters is situated (including the buildings) to be liquidated and disposed of in 1946 (60 Stat 1065). It was disposed of to local ranchers who used it for grazing and forage crops for nearly 40 years until the local BLM and USFWS employees began a systematic elimination of the ranchers through fraud and abuse.

It is shocking to the conscience that a Federal Judge is actually suppressing evidence of these crimes and in effect aiding and abetting after the fact.

I've been an expert witness in 4 different Fed District courts, the US Court of Fed Claims, and the IBLA and I've never seen such an incredible effort to suppress exculpatory evidence by a judge. Truly mind boggling.




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Doesn't surprise me at all actually. There is no law in this country.

Shari Dovale Redoubt News "Judge Anna Brown Drops Her Mask"

http://redoubtnews.com/2016/10/04/ju...wn-drops-mask/

The judge sustained Chris Briels' testimony when no one objected.

Judge Anna Brown Drops Her Mask

http://i2.wp.com/redoubtnews.com/wp-...size=666%2C375

Judge Anna Brown Drops Her Mask

By Shari Dovale

The Malheur Protest Trial has been going well for the defense, as the witnesses all confirm the transparent and safe atmosphere the protesters encouraged. This must be angering the Judge because she took a decided twist in her handling of the trial today.

Jeff Banta testified last week about how he arrived at the Refuge on January 25^th, just one day before LaVoy Finicum was murdered at an illegal Deadman’s roadblock orchestrated by the FBI and Oregon State Police (OSP). His testimony included discussion of a video he had seen online that prompted him to get involved.
The video was made by John Witzel of French Glen, Oregon. The video shows the ‘Miller Homestead Fire’ of 2012 in which the Bureau of Land Management (BLM) started multiple blazes that caused damage to property and livestock.
Here is the video:

http://youtu.be/BcpzhOZq1JQ


After allowing the prosecution leeway in their video selection, including watching several people target practice, the video that was so compelling to Jeff Banta was not to be allowed. Judge Brown decided that this video would be too confusing for the jury. She allowed Witzel to come in and describe a few parts of his video, but that was all.


The defense asked to play a video of Senator Harry Reid calling the Bunkerville Patriots “Domestic Terrorists”. Judge Brown told the defense that Ammon Bundy can say what he wants, but we don’t need videos. So, this one was out as well.


Another issue at hand today had Judge Brown refusing to deal with the issue of FBI Agent Ronnie Walker sitting in the courtroom from day 1 even though he was on the prosecution witness list. She blamed that problem on the attorneys and refused to admit that the buck stops with her. She is completely responsible for this breach, and I certainly hope at least one defense attorney files for a mistrial based on this blatant favoritism.


Judge Brown is well known to be favoring the prosecution, but has completely ripped off her mask and stopped pretending to be fair in this trial. She has threatened the defense if they bring up the truth of the FBI lying and covering up their part in the murder of LaVoy Finicum. She has not allowed crucial evidence, but has allowed the prosecution it’s grandstanding.



Marcus Mumford put forth a very good argument on this subject today when Brown decided to change some jury instructions out of the blue. She said that the defense was misusing the word ‘terrorist’ when it came to discussion of the Hammonds being prosecuted under the Anti-terrorism and Effective Death Penalty Act of 1996. “The defendants are using the term improperly,” she stated.


When Mumford challenged her need to change the jury instructions, he states that the “court is taking sides against the defense.” She completely ignored his argument and did not even bother to address it.


http://i0.wp.com/redoubtnews.com/wp-...size=266%2C300
Protestors in front of courthouse.

This fit with the rest of the day and how many objections the prosecution could jump up and make. She sustained nearly all of them. However, she was so wrapped up in helping the prosecution that at one point she even sustained an objection that was not made.


During the questioning of Chris Briels, Brown burst out and said “Objection Sustained!” When she realized that no one had made an objection, she then said, “Oh, there was no objection, but I am going to sustain it anyway. I am not going to let the witness speculate.”


This is what the defendants are dealing with. The public audience is on to her as well, as she has noticed. She has threatened the public in the gallery with expulsion for making any noise whatsoever, even turning a page in a notebook. If she hears a pen click or a page turn she will have everyone removed.


The stress of this trial could be proving to be too much for Judge Brown. I think she needs a vacation. I know I do.

Ammon Bundy testifies against government tyranny

http://youtu.be/2bQ-2fbyZjY

https://youtu.be/2bQ-2fbyZjY

Kelli Stewart was lectured by US Marshal for posting in facebook. She described her experience in a facebook video:

https://www.facebook.com/groups/1561...5198847473558/

BLM agents versus ranchers. Jeff Banta was motivated by John Witzel's video of BLM burning out ranchers

http://youtu.be/JMrKKq5VkbQ

https://youtu.be/JMrKKq5VkbQ

http://lessgovisthebestgov.com/blog/...n-america.htmlFor concise, informative and thought provoking analysis of the news.
The Independent Voice for Conservative Values!
Less Gov is the Best Gov, Because Less Government
is the Best Government!
© Scott Rohter - All rights reserved


The Face of Federal Over-reach in America

Posted by Scott Rohteron Wednesday, October 5, 2016http://lessgovisthebestgov.com/blog/...1-1024x737.jpg

The Face of Federal Over-reach in America

By Scott Michael Rohter, October 2016

Dateline: Portland, Oregon – October 4, 2016

More than anyone else in America Ammon and Ryan Bundy are leading the fight to change the way that Congress administers public land. These truly dedicated men are sacrificing their lives to keep this subject in front of the Nation’s attention for as long as they have. Federal land use reform is now a part of the Republican Party platform. Their goal is to get Congress to turn over as much federally administered land to State and local control as possible where it can be better managed. It would go a long way to help provide a stable source of funding for many of the counties in Western States. The two brothers have already spent over eight months behind bars for such a worthy cause as this, but if an Oregon jury finds them guilty of conspiracy they could spend a lot more than just eight months in jail.

That is the awesome responsibility of the jury which has been selected to decide their fate. It would be a gross miscarriage of justice if they have to spend one more day in jail. It would be just as wrong as sentencing Dwight and Stephen Hammond to spend five years in jail as arsonists under the Anti Terrorist and Effective Death Penalty Act for the accidental escape of a small grass fire they started on their own property to control weeds which spread to adjacent land they leased from the Bureau of Land Management.

The law can be an ass at times. In fact the law can be an ass a lot of times, but the jury has the power to acquit these good men and send them home to their families.
Ammon Bundy took the witness stand today to testify in his own defense. It was not easy to watch him as he broke down in tears several different times as he retold the story of how he and his family have been persecuted over the years and how they are now being unfairly prosecuted now by the strong arm of the Federal government. What follows is a synopsis of his testimony from October 4th. It is not verbatim.. as his remarks were answers to questions posed by his attorney. At times they were interrupted by the prosecutors and at other times by the judge, but you have my word that I have not altered anything of substance in any of his remarks. I know Ammon Bundy and I have never met a man in my entire life that I admire more… I wouldn’t dream of changing the substance of any of his remarks. The best thing I could do is to repeat them as accurately as I can so here goes…

Synopsis of Ammon Bundy testimony from October 4th

“Every man in my family is behind bars” for defending our rights… Law enforcement gang beat my little brother. They threw my aunt Margaret to the ground… I was tazed three times… They impounded and killed our cattle… “ (He did not mention the fact that prison guards also put his older brother in solitary confinement at the Multnomah County Detention Center for over a month for just refusing to let the government perform an operation on him that he did not want).

“We have rights to the land we graze our cattle on… I grew up on this land in the same house my father grew up in… My grandfather built that house with his own hands.. We have been on that land for five generations… 138 years. The Bundys have worked that land and run our cattle there. We have water rights. We have grazing rights. Those rights belong to us.” Without those rights we cannot succeed as ranchers. We can’t even survive.

When I first heard about the problems that the Hammonds were having with the BLM in Oregon my first instinct was just to ignore it.. I did not want to help them. My father told me that the same thing was happening to them that had happened to us. I still did not want to help them, but one night I couldn’t sleep. I felt it in my spirit that I couldn’t ignore them anymore so I began to read about them. The more I learned about the Hammonds problems the more I became convinced that I couldn’t just keep ignoring what was happening in Oregon so I went to visit them. “My father taught us how to care for each other and how to care for others who need our help. My dad was a good dad.”

I drove to the Hammond Ranch and met Stephen. Later I met with Susie and Dwight. They are good people… the salt of the earth, but they seemed to me like they were about ready to give up. They were convinced that they could not beat the federal government. Several weeks later they called me and told me that their attorney had received warnings purporting to be from the Federal government that if they didn’t break off their relationship with me… extreme pain would come to their family. They told me they decided to cut off all communications with me. That’s when I realized this had gone far enough. I decided that something had to be done. What had happened to our family in Nevada and what was now happening to the Hammond family in Oregon had to stop…

To be continued

Categories: National, Oregon Tags: Ammon Bundy, Federal land management policies, Ryan Bundy

The sparsely located ranchers are easy pickin's. Next up will be the mouthy belligerents elsewhere.

It looks like Todd Macfarlane added more to his RangeFire Day 14 update since I posted it this morning.

http://rangefire.us/2016/09/29/ongoi.../#comment-2325

DAY 14 — Tuesday, October 4, 2016

One of the days many people have been waiting for in this trial arrived this afternoon when Ammon Bundy took the witness stand and testified for several hours. Once word got out that Bundy would actually be testifying this afternoon, a line formed outside the courthouse of people who wanted to observe the proceedings. Several other witnesses were called in the morning, including David Fry’s father, William Fry, a retired Marine gunnery segeant, Chris Briels, the Harney County Fire Chief, and Burns resident, Lindsay Tyler, who testified that she had been to the Refuge several times during the occupation, and had seen Harney County Commissioner, Dan Nichols, there. She also testified that she had taken cakes and cupcakes to the refuge. When attorney Matt Schindler asked her if she knew that by providing food she was supposedly joining and supporting a criminal enterprise, prosecutors objected and Judge Brown admonished the jury to disregard the question.

Briels testified that he is part of the Harney County Committe of Safety. He explained that his comittee had had discussions with Ammon Bundy, including about plans and conditions for exiting the Refuge. He said those efforts were thwarted by Harney County Judge Steven Grasty’s refusal to allow them to meet at any public venue in Harney County.

According to Shari Dovale, reporting for Redoubt News, during the examination of Chris Briels Judge Brown really let down her guard and showed her true colors. According to Dovale:

Judge Brown is well known to be favoring the prosecution, but has completely ripped off her mask and stopped pretending to be fair in this trial. . . .When Attorney Mumford challenged her need to [unilaterally] change the jury instructions, he asserted that the “court is taking sides against the defense.” She completely ignored his argument and did not even bother to address it. But this is fit with the rest of the day and how many objections the prosecution would jump up and make. She sustained nearly all of them. However, she was so wrapped up in helping the prosecution that at one point she even sustained an objection that was not made.

During the questioning of Chris Briels, Brown burst out and said “Objection Sustained!” When she realized that no one had made an objection, she then said, “Oh, there was no objection, but I am going to sustain it anyway. I am not going to let the witness speculate.” [– apparently whether the prosecution made an objection or not].

This is what the defendants are dealing with. The public audience is on to her as well, as she has noticed. She has threatened the public in the gallery with expulsion for making any noise whatsoever, even turning a page in a notebook. If she hears a pen click or a page turn she will have everyone removed.

The stress of this trial could be proving to be too much for Judge Brown. I think she needs a vacation. I know I do. — Shari Dovale, ReDoubt News

http://rangefire.us/wp-content/uploa...-1-278x300.jpg

When Ammon Bundy took the stand, he told about his life growing up on the Bundy Ranch in Bunkerville, Nevada. He testified about the grazing rights that his family and other ranchers rely upon to utilize federal grazing allotments, which in his view constitute a valid private property interest in forage resources of those allotments. He testified about how the federal government has slowly tried to take away those rights to the point that his father terminated any contractual or “permit” releationship with the federal government, which likewise terminated any financial obligation to the BLM.

Bundy testified that he is a husband and father of six children, and that he currently resides at the Multnomah County Jail, where he has been in custody, held in maximum security for for 8.5 months on the theory that he poses a danger to the community.

After much argument and debaEt, Bundy was allowed to testify about his experiences in Bunkerville in 2014, as the federal government sought to impound his family’s cattle. Prosecutors objected to any testimony, arguing that it would turn into a Pandora’s box in the case. But ultimately, Judge Brown said she would allow it because it is part of the nature of the unique beast in this case, and is relevant with respect to Ammon Bundy’s experiences and state of mind that caused him to ultimately want to get involved in trying to help the Hammonds in Oregon. He testified about what had happened in Bunkerville, including being tased three times for simply attempting to look in a dump truck, and about his Aunt Margaret being roughed-up by security forces. Several short video clips were also shown depicting these events.

Bundy became emotional at several points in his testimony. He explained how in the Fall of 2015, his father, Cliven Bundy, had first told him about Dwight & Steven Hammond, and their plight in dealing with the federal government. Ammon testied that his dad suggested that like their own ranch, Hammonds had been intentionally targeted by the federal government, and had ultimately been tried, and convicted for burning a small amount of BLM land in two separate incidents, and after serving the intial sentences that were imposed by the trial court, they were both tater resentenced to a serve a full five years each.

Bundy testified that at first he resisted his father’s encouragement to study the situation and possibly get involved. Later on, however, he testified he had a change of heart and traveled to Harney County, Oregon to meet the Hammonds and look into their situation situation. He testified that at first he resisted the thought, but ultimately felt impressed to try to figure out what he might do to help them out. He said all his efforts were focused on trying to figure what had happened and what could be done about it. He was trying to do everything he could to help the Hammonds.

Ammon is expected to continue to testify Wednesday morning.

For contrasting perspectives and reporting, you can also follow Maxine Bernstein for OregonLive, and Conrad Wilson for Oregon Public Broadcasting (OPB), or Gary Hunt at Outpost for Freedom and Redoubt News.

At RANGEFIRE! we believe there needs to be alternative voices to mainstream media commentary and coverage of these issues.

RANGE / RANGEFIRE! — Addressing Issues Facing the West / Spreading America’s Cowboy Spirit Beyond the Outback

The woman known as "Momma Bear" at the refuge last winter has been called out as an informant receivng $80/day from the feds. Interestingly, she is supposed to testify for the defence tomorrow. The rumors on the internet are saying Ammon Bundy was an the witness stand most of today.

Terri Linnell aka "Momma Bear"
http://youtu.be/RrzamFEktI0

https://youtu.be/RrzamFEktI0

John Lamb in Portland, Oregon video on this mornings court session Oct. 5

http://youtu.be/s44XaMb3Dwo

https://youtu.be/s44XaMb3Dwo