150 Militia Take Over Makhuer National Wildlife Preserve Headquarters

[monty]

Leo Stratton is pissed.



http://youtu.be/5oMpHOEjL1I

[Cebu_4_2]

Leo Stratton is pissed.

http://youtu.be/5oMpHOEjL1I

Will this go anywhere?

[monty]

Will this go anywhere?

I doubt it will, unless someone acting under the private attorney general statute who has enough knowledge of the law files an action to prove the court is defrauding the people. Don't look for a bar association prosecutor to bring an action against one of their own.

In 1986, Congress amended the False Claims Act, 31 U.S.C. 3729 et seq. See generally False Claims Act Amendments of 1986, Pub. L. 99-562, 100 Stat. 3153 (October 27, 1986), reprinted in, 10A USCCAN (December 1986). One of Congress's objectives in modifying the Act was to encourage the use of qui tam actions in which citizens are authorized to bring, as "Private Attorneys General," lawsuits on behalf of the United States alleging frauds upon the government. The private citizen plaintiff in such a lawsuit is often referred to as the "relator." To this end, Congress increased the amount by which a relator or "Private Attorney General" would share in any money recovered, liberalized the circumstances under which a private citizen could bring a qui tam action, and increased the relator's role in such litigation.

"It is the manner of enforcement which gives 42 USC 1983 its unique importance, for enforcement is placed in the hands of the people. Each citizen 'acts as a private attorney general' who takes on the mantel of sovereign,' guarding for all of us the individual liberties enunciated in the constitution. Section 1983 represents a balancing feature in our governmental structure whereby individual citizens are encouraged to police those who are charged with policing us all." Frankenhauser v. Rizzo, 59 F.R.D. 339, 17 Fed. R. Serv. 2d 16 (1973)

[monty]

More about the private attorney general 42 USC Sec. 1983

Private Attorney General Jeff Ball explains statutes are not law. In 1925 the US Senate refused to enact the United States Code into law because there are too many errors. The United States Statutes at Large are the law.


42 U.S.C. 1983 Overview

I. INTRODUCTION AND HISTORY

42 U.S.C. § 1983, commonly referred to as "section 1983" provides:
[COLOR=rgba(0, 0, 0, 0.65098)][/COLOR]
Every person who under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, Suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable. For the purposes of this section, any Act of Congress applicable exclusively to the District of Columbia shall be considered to be a statute of the District of Columbia.


[COLOR=rgba(0, 0, 0, 0.65098)][/COLOR]
42 U.S.C. § 1983 (emphasis added).


Section 1983 was enacted on April 20, 1871 as part of the Civil Rights Act of 1871, and is also known as the "Ku Klux Klan Act" because one of its primary purposes was to provide a civil remedy against the abuses that were being committed in the southern states, especially by the Ku Klux Klan. While the existing law protected all citizens in theory, its protection in practice was unavailable to some because those persons charged with the enforcement of the laws were unable or unwilling to do so.^[1] The Act was intended to provide a private remedy for such violations of federal law, and has subsequently been interpreted to create a species of tort liability.^[2]


[COLOR=rgba(0, 0, 0, 0.65098)]The number of cases that have been brought under section 1983 has dramatically increased since 1961 when the Supreme Court decided Monroe v. Pape.^[3] In Monroe, the Supreme Court held that a police officer was acting "under color of state law" even though his actions violated state law.^[4] This was the first case in which the Supreme Court allowed liability to attach where a government official acted outside the scope of the authority granted to him by state law. Since Monroe v. Pape was decided, an extensive body of law has developed to govern section 1983 claims. This article is intended to provide an overview of that extensive body of law, and will include seminal precedent from the United States Supreme Court and the Eleventh Circuit Court of Appeals--a comprehensive study of all law related to section 1983 is beyond the scope of this article.


II. ELEMENTS OF A SECTION 1983 CLAIM


(i) "Every person . . ."
Only "persons" under the statute are subject to liability.^[5] A state is not a person subject to suit under section 1983,^[6] but a state officer can be sued in his official capacity for prospective or injunctive relief^[7] despite the fact that an suit against a government official in his official capacity represents nothing more than a suit against the government entity itself!^[8] Despite this logical inconsistency, the current state of the law is that a state may not be sued for damages, but may be sued for declaratory or injunctive relief. Municipalities and local governments are persons subject to suit for damages and prospective relief,^[9] but the United States Government is not.^[10] Individual employees of federal,^[11] state^[12] and local^[13] government may be sued in their individual capacities^[14] for damages, declaratory or injunctive relief.


While the determination of who is a "person" is a matter of federal statutory interpretation, the matter of who has the capacity to be sued is determined by the law of the forum state.^[15] Likewise, the law of the forum is to be applied in actions under section 1983 where the law of section 1983 provides no guidance.<sup>[16]

http://www.constitution.org/brief/forsythe_42-1983.htm</sup>
[/COLOR]

[monty]

The environmentalists side of the Malhuer Protest. The common denominator in these land grabs has been some environmental group sued the BLM to remove the cattle from the public land or otherwise cause hardships for the targeted rancher using endangered species acts or other environmental laws. Where do thes groups get their funding? Federal grants.

http://www.courthousenews.com/2016/0...s-and-feds.htm


Bundy Militia's Takeover Dreams Dashed by Bond Between Ranchers and Feds


By KARINA BROWN

ShareThis

http://www.courthousenews.com/2016/0...Refuge%202.JPG

PRINCETON, Ore. (CN) - When Ammon Bundy took over the federal headquarters of the Malheur National Wildlife Refuge on Jan. 2, he hoped his presence would ignite an explosion of extremist activism in support of the conservative movement to seize control of federal lands across the American West. But his plans were thwarted by the unique bonds local ranchers, environmentalists and government employees forged over years of collaborative land management.

Harney County Judge Steve Grasty, who runs the local government alongside two county commissioners, said the community's close relationships immunized residents against the political agenda peddled by Ammon Bundy and his minions.

"We have it - a way forward," Grasty said. "That's why Bundy picked the wrong county. In 1999, it might not have been the wrong county. Things might have turned out worse. But this was the wrong time and the wrong county. Because we're moving things ahead."
The threat of similar standoffs over federally owned land is spreading across the American West. But officials at the highest levels of government say this remote rural community should serve as a model for the rest of the nation to emulate.

With Ammon Bundy and dozens of others in jail over the occupation of Malheur and the 2014 standoff at his father Cliven Bundy's Nevada ranch, the movement to take public land out of federal hands could fizzle.

But it could also intensify, according to Kieran Suckling, executive director of the Center for Biological Diversity.

"It may be that the FBI will break the back of the militia movement," Suckling said. "But it's too early to know. With the Bundys in jail, will new leaders rise up? The threat of another armed standoff is very real. And there is absolutely a very real threat of federal employees being harmed or possibly killed. But that's not just a threat. It's something that's really happening."

Since 1997, there have been between 15 and 42 violent attacks every year against employees of the Bureau of Land Management, according to a report by Public Employees for Environmental Responsibility.

The FBI may have chopped off the head of the snake, but public lands watchdog group The Center for Western Priorities says that may not end the militia movement's push to "steal our public land."

"It's fair to say we're at a crucial juncture right now," Aaron Weiss, the group's spokesman, said. "The concern is extremist groups are still looking for a "constitutional sheriff" to give them cover. They believe that Bundy failed not because his message was flawed or because the community didn't support him but because [Harney County] Sheriff Ward didn't do his job.

"They live in a bizarro world where the sheriff has ultimate authority. There's zero backing for that legally. But they're looking for a sheriff to give them cover."


Unusually Strong Bonds in a Small Rural Community

Harney County, home to the refuge and 7,100 people in south-central Oregon, sprawls over horizons of flat sagebrush rangeland, towering slabs of mountains and wet meadows teeming with wildlife. Here in the high desert, a collaborative process of land-use planning has forged strong relationships between people with backgrounds that range from environmental activism and cattle ranching to birding enthusiasts and botanists. Together, they have pioneered a model of cooperative management of federal land that has made partners out of adversaries who, in other parts of the state, are more likely to end up on opposite ends of a lawsuit.
http://www.courthousenews.com/2016/0...Refuge%203.JPG Ammon Bundy's political arguments - that the federal government ignores the concerns of ranchers and makes ranching a dying way of life - resonated with some in this rural community. But most locals have personal relationships with the amorphous "feds" Bundy referred to in his daily news conferences. Nearly half of the county's residents work for the local or federal government. The families of some of the U.S. Fish & Wildlife employees on the refuge have lived in Harney County for generations.

Bundy, who is not a rancher but does run a vehicle maintenance service in the sprawling metropolis of Phoenix, Arizona, based his decision to use Harney County as a test case to spread his movement on a shallow understanding of the community.

"When I first heard about the occupation, I was really sad because they basically hijacked the narrative out here for their own narrow political purposes," Bob Sallinger, the conservation director for the Audubon Society of Portland, said. Sallinger is also a participant in the collaborative process that led to the Malheur National Wildlife Refuge Comprehensive Conservation Plan.
In 2005, Harney County rancher Gary Marshall and refuge manager Chad Karges founded the High Desert Partnership - a group dedicated to facilitating a process of listening and cooperative land-use planning between ranchers, environmentalists and the government. The nonprofit was the key to getting people who hadn't spoken in decades to the table in order to come up with the refuge conservation plan.

Collaboration transformed local land-use politics from a stagnant process where litigation reigned and very few actionable decisions were ever made to one that rebuilt eroded community bonds and sparked novel resolutions to contentious issues.
"It's always interesting to really sit down with somebody and truly figure out where they are coming from as a person," Karges said. "And they get to understand what you're thinking as well. They're not just a rancher. They're not just a conservationist. They are a person. And once you build that trust, then you begin to find unique solutions for some of these long-standing problems we've been dealing with because nobody ever thought to have that conversation.

"Going into these processes, you always have some idea in the back of your mind about what the outcome is probably to look like. But I've found that it never turns out to be what you thought and it's usually better than you ever could have imagined."
http://www.courthousenews.com/2016/0...gon%20Ashe.JPG During a visit to the refuge in March, U.S. Fish & Wildlife Director Dan Ashe estimated that it will take at least three years and $6 million to fix the ecological damage caused by the occupation of the Malheur National Wildlife Refuge. But those involved say the 41-day occupation could have been even more detrimental.

Standing at a viewpoint high above the refuge's meadows, refuge ecologist Jess Wenick said the community had created a buffer against Bundy's attempt to spearhead a political movement through years of listening, compromise and shared success.
"Without all that relationship-building, we could have very well been a militia stronghold at this point," Wenick said.


Miel Corbett, deputy assistant regional director of migratory birds for the U.S. Fish & Wildlife Service, said in an interview that there is a spirit of connection in the Harney County that Bundy didn't count on.

"The division in this community was significantly reduced during the occupation because we know each other and we trust each other," Corbett said.

And ranchers here know the government will hold up its end of any bargain because they have years of experience telling them exactly that.

Dan Nichols, a local rancher and Harney County commissioner with a thick white moustache, said ranchers had gradually grown to trust local federal employees during the years of negotiations that led to the refuge conservation plan.

"It's kind of intangible to some people why things have changed in the last 20 years, but it's largely due to the collaborative process at the refuge and the ability to have a voice in something," Nichols told Courthouse News. "And that was the big thing. Not everybody locally participated, but still they had somewhat of a voice in how it would be managed into the future. And that kind of took away some of our concerns."

But not everyone is satisfied with the process.



More at link: http://www.courthousenews.com/2016/0...s-and-feds.htm

[mick silver]

I see your learning who run the government now

Fucking Nazis!!

[monty]

Harry Reid, we have uncovered your dirty tricks in Congress complicit with the courts using the "Trading With the Enemy Act" and the bankruptcy of the United States to convict good Americans as "domestic terrorists" when you and your cohorts in public office by expatriating the United States of America through your corporate offices are the true terrorists.


http://youtu.be/DWdBI3Kk6yU

[monty]

Carol Bundy's message to America


http://youtu.be/AqmRaW_PtJo

[Tumbleweed]

The environmentalists side of the Malhuer Protest. The common denominator in these land grabs has been some environmental group sued the BLM to remove the cattle from the public land or otherwise cause hardships for the targeted rancher using endangered species acts or other environmental laws. Where do thes groups get their funding? Federal grants.

http://www.courthousenews.com/2016/0...s-and-feds.htm

These lawyers, politicians and media people writing articles like this are working hard to turn this country in to a communist one. I don't think there is anything that will change their minds and they will continue until they succeed completely.


The 10 PLANKS stated in the Communist Manifesto and some of their American counterparts are...

1. Abolition of private property and the application of all rents of land to public purposes.
Americans do these with actions such as the 14th Amendment of the U.S. Constitution (1868), and various zoning, school & property taxes. Also the Bureau of Land Management (Zoning laws are the first step to government property ownership)

2. A heavy progressive or graduated income tax.
Americans know this as misapplication of the 16th Amendment of the U.S. Constitution, 1913, The Social Security Act of 1936.; Joint House Resolution 192 of 1933; and various State "income" taxes. We call it "paying your fair share".

3. Abolition of all rights of inheritance.
Americans call it Federal & State estate Tax (1916); or reformed Probate Laws, and limited inheritance via arbitrary inheritance tax statutes.

4. Confiscation of the property of all emigrants and rebels.
Americans call it government seizures, tax liens, Public "law" 99-570 (1986); Executive order 11490, sections 1205, 2002 which gives private land to the Department of Urban Development; the imprisonment of "terrorists" and those who speak out or write against the "government" (1997 Crime/Terrorist Bill); or the IRS confiscation of property without due process. Asset forfeiture laws are used by DEA, IRS, ATF etc...).

5. Centralization of credit in the hands of the state, by means of a national bank with State capital and an exclusive monopoly.
Americans call it the Federal Reserve which is a privately-owned credit/debt system allowed by the Federal Reserve act of 1913. All local banks are members of the Fed system, and are regulated by the Federal Deposit Insurance Corporation (FDIC) another privately-owned corporation. The Federal Reserve Banks issue Fiat Paper Money and practice economically destructive fractional reserve banking.

6. Centralization of the means of communications and transportation in the hands of the State.
Americans call it the Federal Communications Commission (FCC) and Department of Transportation (DOT) mandated through the ICC act of 1887, the Commissions Act of 1934, The Interstate Commerce Commission established in 1938, The Federal Aviation Administration, Federal Communications Commission, and Executive orders 11490, 10999, as well as State mandated driver's licenses and Department of Transportation regulations.

7. Extension of factories and instruments of production owned by the state, the bringing into cultivation of waste lands, and the improvement of the soil generally in accordance with a common plan.
Americans call it corporate capacity, The Desert Entry Act and The Department of Agriculture… Thus read "controlled or subsidized" rather than "owned"… This is easily seen in these as well as the Department of Commerce and Labor, Department of Interior, the Environmental Protection Agency, Bureau of Land Management, Bureau of Reclamation, Bureau of Mines, National Park Service, and the IRS control of business through corporate regulations.

8. Equal liability of all to labor. Establishment of industrial armies, especially for agriculture.
Americans call it Minimum Wage and slave labor like dealing with our Most Favored Nation trade partner; i.e. Communist China. We see it in practice via the Social Security Administration and The Department of Labor. The National debt and inflation caused by the communal bank has caused the need for a two "income" family. Woman in the workplace since the 1920's, the 19th amendment of the U.S. Constitution, the Civil Rights Act of 1964, assorted Socialist Unions, affirmative action, the Federal Public Works Program and of course Executive order 11000.

9. Combination of agriculture with manufacturing industries, gradual abolition of the distinction between town and country, by a more equitable distribution of population over the country.
Americans call it the Planning Reorganization act of 1949 , zoning (Title 17 1910-1990) and Super Corporate Farms, as well as Executive orders 11647, 11731 (ten regions) and Public "law" 89-136. These provide for forced relocations and forced sterilization programs, like in China.

10. Free education for all children in public schools. Abolition of children's factory labor in its present form. Combination of education with industrial production.
Americans are being taxed to support what we call 'public' schools, but are actually "government force-tax-funded schools " Even private schools are government regulated. The purpose is to train the young to work for the communal debt system. We also call it the Department of Education, the NEA and Outcome Based "Education" . These are used so that all children can be indoctrinated and inculcated with the government propaganda, like "majority rules", and "pay your fair share". WHERE are the words "fair share" in the Constitution, Bill of Rights or the Internal Revenue Code (Title 26)?? NO WHERE is "fair share" even suggested !! The philosophical concept of "fair share" comes from the Communist maxim, "From each according to their ability, to each according to their need! This concept is pure socialism. ... America was made the greatest society by its private initiative WORK ETHIC ... Teaching ourselves and others how to "fish" to be self sufficient and produce plenty of EXTRA commodities to if so desired could be shared with others who might be "needy"... Americans have always voluntarily been the MOST generous and charitable society on the planet.

[monty]

Interview with Ammon and Ryan Bundy

http://youtu.be/lTGe-Holo3c

http://www.newsmaxtv.com/shows/unfil...03r8xckhW6R-W/