Showing posts with label Public Lands. Show all posts
Showing posts with label Public Lands. Show all posts

Saturday, January 6, 2018

For The Federal Team, Losing Is Not An Option

IS IT SOMETHING MUCH MORE SINISTER THAT DRIVES THE FEDERAL TEAM TO DOUBLE DOWN, TRIPLE DOWN AND DO “WHATEVER IT TAKES” TO WIN THIS CASE?


“Estimates suggest that the 1.89 billion acres of land (that make up the continguous 48 states) are collectively worth approximately $23 trillion in 2009, with 24% of the land area and $1.8 trillion of the value held by the federal government.”


by Loren Edward Pearce   1-2-2018


Krisanne Hall, former prosecutor and well known expert on the US Constitution, spoke for all of us when she said in a recent post,


“Federal prosecutors are seeking a new trial against #BundyRanch?!?! Are you freaking kidding me?!?”



She went on to say, “As a former prosecutor, I can tell you the actions of Myre and these federal prosecutors are unforgivable.



Hey #Myre… YOU are a complete disgrace and evidence of the putrefaction of American Due Process. Sincerely, KrisAnne Hall, JD.”


Larry Klayman, also a former prosecutor, has filed a lawsuit against the Department of Justice and against the Attorney General, Jeff Sessions, for prosecutorial misconduct. Klayman explains,


“The complaint details how the the U.S. attorney for the District of Nevada – Obama Deep State holdovers who should have been removed by now by Attorney General Jeff Sessions – working in concert with the FBI and BLM under the Obama administration, systematically violated the constitutional rights of Cliven Bundy and the other defendants in the criminal prosecution, denying them due process, equal protection and other rights under the Constitution and the law in general.



Key exculpatory evidence proving Cliven’s innocence in engaging in what the Obama Justice Department called a conspiracy to threaten federal agents was shredded; material FBI 302 investigative reports were not disclosed and hidden; and the existence of three surveillance cameras showing that the Bundys surrounded government snipers positioned to possibly kill the family as they were at home were kept from defense lawyers for years. In short, the Obama Justice Department, along with its corrupt FBI then run by, you guessed it, Director James Comey, hid and/or destroyed material evidence until this obstruction of justice was discovered mostly by accident during an evidentiary hearing in the criminal prosecution just the last week.”


What Is Motivating The Federal Team To Continue The Prosecution Of The Bundy Et Al Case?


Is it ego, is it pride or is it something much deeper, much more sinister, that drives the federal team to double down, triple down and do “whatever it takes” to win this case?


Why is the federal team refusing to give up? Why is the federal team continuing to spend many millions of dollars, tying up court resources, imposing on and severely harming the lives of not only the defendants and their families, but the many dozens of jurors, juror candidates and their families?


The Stakes For The Federal Team Are Incomprehensible


Some may ask, “Why can’t the federal team just dismiss the case with prejudice against the Bundy et al defendants, and everybody go back to their lives and pick up where they left off and be happy that the trials are over?”


There are a lot of reasons why life will never be the same for any of the parties and that theslate cannot be wiped clean, that the issues are so huge and remain that way, that the parties simply cannot afford to “forgive and forget”.


As noted under the title of this article, the land owned by the federal government, not counting Alaska and Hawaii, is estimated to be worth in excess of $1.8 trillion by 2009 values. That is $1,800 billion. Throw Alaska into the equation and it far exceeds $2 trillion.


That federal land ownership, and its accompanying power, is at risk because the Bundys and others have raised the issue of the constitutionality of federal ownership of over 640 million acres of land which includes 85% of Nevada. Navarro tried to keep the constitution out of “her” courtroom, and only focus on the charges by the prosecution. However, those many constitutional issues remain unresolved.


One article, states that, “Few minds will stir when they learn that the US federal government owns a grand total of 640 million acres of land: that figure is so vast that it becomes meaningless.” Meaningless because the average person can’t get their mind around it.


The BLM created to manage that land, has over 12,000 employees whose livelihood and lifestyle depend on the continued viability and constitutionality of their agency.



Staring Down Stare Decisis


While many will argue that the issue of federal ownership of over 640 million acres has been well settled through numerous court cases and that it is a “dead horse” that can no longer be kicked, many will disagree, that the previous courts, based on the constitution destroying “stare decisis”, have made rulings that do not comport with the constitution or the original intent of the founders.


Stare decisis, the drifting away from the original constitution through a process of piggy backing precedent on top of precedent, is like the telephone game, where a message is relayed through a chain of people until it comes out at the other end totally different than the original intended message because each person puts their own biases and spin on the message.


The subject of land ownership by the federal government as it relates to the enumerated powers granted to the federal government as opposed to those reserved to the states and the people, was very clear at one time and needs to be revisited and the dead horse revived.


In addition to the raw subject of federal land ownership are many other tangential subjects that have to be resolved such as the constitutionality of BLM law enforcement, BLM administrative law judges, denial of bail and pretrial prison, denial of a speedy trial because the federal team declares it has a complex case, federal jurisdiction over criminal matters outside the boundaries of a territory, double jeopardy of multiple retrials, and many, many issues that have been warped and distorted over the decades by the imbalance between federal and state powers.


THIS Is What The Feds Are Fighting To Keep –

Control Over Public Lands And The Very Existence Of The BLM Itself.” ~Bill Goode


In an excellent article by Bill Goode, he states,


“When the Bundys are finally declared innocent in the Las Vegas trial, that will only conclude the legal status of individuals involved in the Bunkerville standoff. Then there is Cliven’s suit and the suits of other standoff defendants against the DOJ that must be decided in court.



However, the most significant issue after the current Las Vegas trial will be the legal status of the Bundy Ranch itself. The legal status of the Bundy Ranch is now held in abeyance, despite the return of the Bundy cattle. The Bunkerville grazing allotment was officially closed by the BLM after the standoff, though the Bundy cattle do still graze on that land. So that’s a conflict that must be resolved.”


An Injustice Against One, Is An Injustice Against All


Morgan Philpot, attorney for Ammon Bundy, in one of his meetings with the media, made the comment, “An injustice against one, is an injustice against all”


The stakes really are incomprehensible, not only for the Deep State and the federal team, but for all of us. The injustices against the Bundys et al, are injustices against all of us, and they need to be resolved


Because losing is not an option, for either side, we can expect to see many more legal battlesto come. The outcome of the legal war will determine the future of America and its rising generations.



Redoubt News



If you believe in the mission of Oath Keepers, to defend the Constitution against all enemies, foreign and domestic, please make a donation to support our work.  
You can donate HERE.


The post For The Federal Team, Losing Is Not An Option appeared first on Oath Keepers.

Thursday, March 9, 2017

Congress buries Obama’s public lands rule



Congress buries Obama’s public lands rule



3/7/17 – By David Freddoso




The Senate today passed a Congressional Review Act resolution to strike down what’s known as “BLM 2.0” — a last-minute Obama administration rule on how the Bureau of Land Management gathers input and makes planning decisions about public land use.


Of all the CRA actions in Congress so far, this seems like the least discussed and the worst explained — well, maybe not as badly explained as the rule they repealed taking away gun rights from disabled people, but almost.


This rule was a very big deal out West, where most federal land is located. Its critics included Western state and local governments and local stakeholders affected by BLM decisions. The effect of the rule was not so much to increase public input into BLM decisions, as some have framed it, as to place input from people in D.C., New York or Miami on par with that of local authorities and of the people who live near or use the land and actually have to live with the decisions that are made.


Another sticking point: The rule’s prioritization of “social and environmental change” in land use decisions. This is a novelty. BLM’s statutory mandate is a lot simpler: “sustained yield,” and “multiple use,” described by the agency itself on its website as follows:




The BLM’s multiple-use mission, set forth in the Federal Land Policy and Management Act of 1976, mandates that we manage public land resources for a variety of uses, such as energy development, livestock grazing, recreation, and timber harvesting, while protecting a wide array of natural, cultural, and historical resources…



This is one of many late Obama-era rules and regulations that Congress and President Trump have been working to undo using the Congressional Review Act.


One particularly amusing reaction to this CRA action in Congress helps illustrate the importance and the underestimated power of the CRA. It was given to Reuters by an environmental activist, and it echoes many Democratic lawmakers’ comments during the recent flurry of CRA activity:



Some conservation groups said using the CRA to revoke the measure was a “knee-jerk” and unnecessary measure, and that the land planning rule could have been revised by the BLM.




“I struggle to understand why they would waste their time trying to strike down this rule and why not let the administration fix the rule,” said Phil Hanceford of the Wilderness Society.



I can tell you why they used the CRA. When Congress invokes the CRA, it means that no future administration can issue this rule or any like it, until and unless Congress passes a new law. The Congressional Review Act kills bad rules dead.


   
Washington Examiner


Photo credit: AP

Friday, March 3, 2017

Day One: Secretary Zinke Signs Orders to Expand Access to Public Lands



WASHINGTON
– Today, on his first day on duty, Department of the Interior Secretary Ryan Zinke (pronounced ZINK-ee) issued two secretarial orders which expand access to public lands and increase hunting, fishing, and recreation opportunities nationwide. These orders deliver on promises made by both President Donald J. Trump and Secretary Zinke to expand access to America’s public lands. The action was hailed by representatives from sportsmen, conservation, and recreation organizations.


“Outdoor recreation is about both our heritage and our economy. Between hunting, fishing, motorized recreation, camping and more, the industry generates thousands of jobs and billions of dollars in economic activity,” said Zinke. “Over the past eight years however, hunting, and recreation enthusiasts have seen trails closed and dramatic decreases in access to public lands across the board. It worries me to think about hunting and fishing becoming activities for the land-owning elite. This package of secretarial orders will expand access for outdoor enthusiasts and also make sure the community’s voice is heard.”






The two secretarial orders include:


Secretarial Order No. 3346 overturns the recent ban of lead ammunition and fish tackle used on Fish and Wildlife Service lands, waters, and facilities. The order highlights the need for additional review and consultation with local stakeholders.


Secretarial Order No. 3347 advances conservation stewardship, improves game and habitat management, and increases outdoor recreation opportunities by directing bureaus and agencies to immediately identify areas where recreation and fishing can be expanded. The order also requests input from the Wildlife and Hunting Heritage Conservation Council and Sport Fishing and Boating Partnership Council to provide recommendations on enhancing and expanding access on public lands and improving habitat for fish and wildlife.


Secretary Zinke was joined by representatives from the Congressional Sportsmen’s Foundation, National Shooting Sports Foundation, Boone and Crockett Club, Wild Sheep Foundation, Theodore Roosevelt Conservation Partnership, National Rifle Association, Safari Club International, National Wild Turkey Federation, Archery Trade Association, Association of Fish and Wildlife Agencies, American Recreation Council, Pheasants Forever, Ducks Unlimited, Sportsmen for Fish and Wildlife, Mule Deer Foundation, National Wildlife Federation, Wildlife Management Institute, American Sportfishing Association, and National Marine Manufacturers Association.




U.S. Department of the Interior




Trump’s Newly Confirmed Interior Secretary Rode A Horse To His First Day Of Work – Daily Caller


Photo credit: @BSEEgov