Oregon Standoff Trial
The Other Occupation and the Other Trial
By Scott Michael Rohter, October 2016
In case you don’t know it there are actually two trials going on right now involving the Malheur National Wildlife Refuge. One trial is about the occupation of the Refuge which lasted for 41 days and resulted in one death and at least fourteen persons charged with conspiracy. The other trial concerns the occupation of 700 million acres of land in twelve western States by the Federal Government. This occupation has been going on for over a century. In some cases it has been going on ever since the end of the War Between the States. This occupation involves 25 % of the land in the whole country.
One trial is being held in Federal District Court in Portland, Oregon where Ammon and Ryan Bundy and five other defendants are being prosecuted on charges of conspiracy to impede federal officers. The other occupation trial is going on in the court of public opinion all over the world wherever there is internet access. The United States government is on trial over its unconstitutional land use policies in the West, and for the way it prosecuted two Oregon ranchers named Dwight and Stephen Hammond as arsonists for merely burning weeds on their ranch. It is also on trial for the violent way in which it brought the 41 day occupation of the Malheur National Wildlife Refuge to an abrupt end, by shooting Lavoy Finicum in the back and letting him die in the snow.
Washington’s unconstitutional land use policies date all the way back to 1850 when Congress passed the Enabling Act which made California a State. In doing so Congress confiscated 45% of California’s land. The same type of constitutional usurpation occurred eleven more times over the next 100 years as eleven new States were added to the Union beginning with Oregon in 1859 and ending with Alaska in 1959. Each time another new State was added to the Union it was required to relinquish control over vast swaths of its territory. Such confiscation of State land by Congress violates the Equal Footing Principle which dates all the way back to the founding of our country.
The Equal Footing Principle says that all new States are supposed to be admitted to the Union on the same basis as all of the other States. Congress’s unconstitutional land use policies became even worse in 1976 with the passage of the Federal Land Policy Management Act which formerly abolished the Homestead Act thus overturning almost 200 years of American history and precedent. Meanwhile the agencies that Congress has established to manage these confiscated lands have become exceedingly harsh and difficult to work with for all the farmers and ranchers who have grazing and water rights on these lands. This brings us back to the story of two ranching families… the Hammonds of Oregon and the Bundys of Nevada.
In the court of public opinion the liberal news media acts as a kind of filter so you don’t hear their whole story, while in Federal District Court a liberal magistrate acts as a filter so the jury doesn’t get to hear all of the corroborating evidence that defense attorneys want the jurors to hear. So much for “the truth… the whole truth… and nothing but the truth so help us God”… According to Judge Anna Brown so much of this truth is just “too cumulative” to waste the jury’s time with it. Imagine that… Judge Brown doesn’t want to waste the jury’s time with too much of THE TRUTH.
There is a bitter irony here that hasn’t escaped my observation… If you occupy Wall Street the liberals will sing your praises. If you occupy the waterfront across from downtown Portland they will support you and give you all of the positive publicity you want.
If you occupy 700 million acres of State land liberals will defend your motives, extol your virtues, and they will even erect a monument to you out of stone after your death just as they did with Teddy Roosevelt. Later they will encourage future Presidents to seize even more State land…
But if you occupy a remote Wildlife Refuge and your name happens to be Ammon or Ryan Bundy and you dare to challenge the Federal government’s authority to own State land then you are labeled a conspirator. These same liberals will castigate you and throw you in jail without bail and without a trial. They will even deny you the presumption of innocence which is normally afforded to the worst felons. They might even shoot you in the back with your hands up in the air while you are trying to surrender.
You see… Having the courage to stand up to the government and point out that it isn’t following the Constitution is a very serious crime worthy of the harshest retribution, including long prison sentences, solitary confinement, and even death. Welcome to a liberal’s view of America.