Malheur National Wildlife Refuge Headquarters Standoff
BY Herschel Smith
8 years, 3 months ago
This commentary assumes you are aware of the Malheur National Wildlife Refuge headquarters standoff, where supporters of ranchers in Oregon are ensconced on a small building called a “headquarters.” The lede is rather silly if you ask me, but it’s being carried that way in the main stream media.
I think myself unqualified to address the specifics of the claims made by the ranchers. Apparently, the Hammonds say they set the fire to clear invasive plant species, and the fire got somewhat out of control and burned some innocuous federally controlled land. Thus the charges, although the specific charges are ridiculous, relating to being domestic terrorists. This is an overreach by the prosecutors.
Every man has his own threshold at which we will tolerate no more. I realize that I have readers who would not tolerate having a concealed handgun permit because it is an infringement of God-given rights to self defense, an abdication of said control to the state rather than to God who issues the ruling on self defense to begin with.
I have a CHP, and my reaction is, “that’s right!” I suffer the infringement of this God-given right because my threshold has no been crossed yet. I am not ready to take up arms against the government, not because I believe my views are wrong, but because of other reasons. I have a family to support, I have a job to keep, and keeping that job and supporting my family requires that I stay out of prison. Those are the facts, like them or not. If I want to carry a weapon and support my family, I need to have a CHP.
As for the American founders, and I consider them to be better men that I. But again, every man has his threshold. I will not criticize another man for his, and he shouldn’t criticize me for mine – as long as we have a reasonable threshold.
Enter men without thresholds. What’s happening in Oregon is nothing less than armed sedition.
This is an act of armed sedition against lawful authority. That is all that it is, and that is quite enough. This is not “an expression of anti-government sentiment.” Flipping off the governor as he drives by is “an expression of anti-government sentiment.” What Alex Jones does every day is “an expression of anti-government sentiment,” and god bless them all for it. That’s what the Founders had in mind. This is not an “occupation” following “a peaceful protest.” That would be all those folks who got bludgeoned and pepper-sprayed out of Zuccotti Park a couple of years back. (And when exactly did ABC News decide it wasn’t a news organization anymore?) These are men with guns who have declared themselves outside the law. These are men with guns who have taken something that belongs to all of us. These are traitors and thieves who got away with this dangerous nonsense once, and have been encouraged to get away with it again, and they draw their inspiration not solely from the wilder fringes of our politics, either. Ammon Bundy and his brothers should have been thrown in jail after they gathered themselves in rebellion the first time.
[ … ]
There is no actual tyranny in this country against which to take up arms. There is bureaucratic inertia. There is pigheaded bureaucracy. There even is political chicanery. But there is no actual tyranny in the Endangered Species Act, or in the Bureau of Land Management, or in the Environmental Protection Agency, or in the Affordable Care Act, or in IRS dumbassery, or even in whatever it is that the president plans to say about guns in the next week or so. Anyone who argues that actual tyranny exists is a dangerous charlatan who should be mocked from the public square. Anyone who argues that there is out of political ambition, or for their own personal profit, should be shunned by decent people until they regain whatever moral compass they once had.
To reflect back for a moment on the situation, if the fire had been set to provoke the *.gov, it worked. I won’t criticize that, although my threshold might not be the same one. The EPA is a terrorist organization, just like the Bureau of Land Management. Furthermore, the federal government has absolutely no business owning land.
But if the fire was set and a plan for containment to ensure that it was a true “controlled burn” was not in place, or if a professional had not been consulted to ensure that it was well done, the perpetrators are goobers. Yes, goobers. Not terrorists, but witless goobers. They chose to go out and set a fire all … by … themselves … without the assistance of professionals like a fire engineer. Yes, the EPA, National Park Service and others are full of witless goobers as well, with “controlled burns” being set near the Los Alamos National Laboratory that ended up requiring evacuation of the lab for one month, the Animas river spill in Colorado perpetrated by the EPA, and other examples. I’m being gracious, goobers they’re not in some instances. Terrorists they are (witness the control over wood burning stoves), and yet, they have the power at the moment. So we’re back to that issue.
The best reaction to this comes from a tweet.
But regardless of the fact that only goobers set “controlled burns” that aren’t controlled, we are where we are with this. And David Codrea takes the temperature.
So what are the administration’s options? Assuming functionaries had their New Years weekends cut short, you can bet they‘re focus-grouping and war-gaming, and weighing scenarios and options. You can also bet special tactical teams are on alert, if not on their way — and if DOJ approaches this as domestic terrorism, the feds will totally marginalize the local sheriff.
They could talk the guys down, although from the rhetoric of the takeover leaders and Bundy’s conviction that he is carrying out the Lord’s will, that doesn’t sound likely. If they do come out, don’t expect the Justice Department to show leniency.
They could lay siege and wait them out, turn off all power and water, and see if a week or two might soften some resolve. On the other hand, depending on how many answer Bundy‘s call, the enforcers could find the greater cause for their concern is amassing outside their perimeter.
The third option would be to go full Waco, making sure the media is kept back so the narrative could be whatever they wanted to put out through a spokesman. It’s been done before.
That’s why an analysis by Mike Vanderboegh on his Sipsey Street Irregulars blog is important for the government (and for all of us) to understand, so that people with access to decision-makers know, in no uncertain terms, the precipitous situation a brutal reaction will produce — for everyone.
If things blow up in Oregon, things could quickly get out of control everywhere, and while we can only imagine what that will look like, the certainty is things would be ugly and prolonged. The government will act and affected people who will not comply will react. It’s an incredibly dangerous situation, where a shot, whether intentional or an “accidental” discharge — and it may not even matter which “side” fires it — could be the “Time’s up” spark that changes all the rules.
The fact that those occupying the federal building are being labeled as seditionists and insurrectionists should be a badge of honor, whether those doing the occupying deserve it or not. The writer at Esquire forgets (or never understood) America’s rich relationship with sedition. We began that way, we will live that way, we will embrace change when the threshold has been crossed.
If you have no threshold, like the writer at Esquire, you believe that if the government says to kill every person named David who is born on the third Thursday of every month as a sacrifice to Molech, then it should be done and enforced by the power of the state. There is no difference between you and a Nazi or Fascist or their rightful heirs, Margaret Sanger and the eugenicists and abortionists.
We are where we are. This won’t go away, this will continue until one party backs down, the *.gov, or the people. It may occur by preemptive surrender, but I seriously doubt it. That means that at some point, whether this is it or just one more skirmish, it will all come to a head. The *.gov is playing with fire, even if it doesn’t know it.
On January 4, 2016 at 10:24 am, Pat Hines said:
The US government asserts ownership to land for which it has no title, for which it has never held title.
The Louisiana Purchase bought the US government no land at all. What it purchased was a treaty under which France ceased any and all claims to the land contained within the boundaries of the Purchase.
Of course, the above is based on the US government being contained within the envelope established by the document that created it as an agent for the states. We know that does not happen today, so here we are.
The BLM. EPA, DEA, BATFE, Dept. of Ed., US Fish & Wildlife, National Park Service, and many other US government agencies have no constitutional foundation and are therefore illegal.
On January 4, 2016 at 10:47 am, TimeHasCome said:
The history of 2016 will be written in rancher blood . It will be known as the Malhuer Massacre . Some are willing to sacrifice their lives for their cause and the Federal Government is more than happy to take those lives . So for the ranchers, your cause is just.
On January 4, 2016 at 11:37 am, john said:
I think the primary argument is that a federal judge decided that they hadn’t served enough time for their “crime”, and after they were released, he awarded them with more time. This act is unconstitutional and a perfect example of judicial and governmental overreach and abuse. Even if the Hammonds acquiesced without a fight, it’s STILL wrong.
They wen to trial, were found guilty, sentenced, and served the sentence. The government can’t simply step in and say they’re not satisfied with the original sentence.
IMHO, the judge is breaking the law.
On January 4, 2016 at 12:19 pm, tkdkerry said:
No need to be “humble” with your opinion. If indeed that is what happened, the judge is criminal, and needs desperately to be removed.
On January 4, 2016 at 12:50 pm, UNCLEELMO said:
“The day of the sentencing Judge Hogan retired as a federal judge. In his honor the staff served chocolate cake in the courtroom.”
Isn’t that special?
On January 4, 2016 at 2:36 pm, tkdkerry said:
So the bastard cut and ran. Well, we may just have to wait for Lady Karma to work her magic.
On January 4, 2016 at 3:37 pm, boogyoogyoogy said:
A judge, breaking the law….
Actually that should read, THEIR judge, breaking the law, under color of authority.
On January 4, 2016 at 5:45 pm, Archer said:
They wen [sic] to trial, were found guilty, sentenced, and served the sentence.
I’ve heard (but not yet corroborated) that even the trial was more a show than an attempt at justice. Prosecutors were given six days to present evidence, defense was allowed one day. The ranchers set a controlled burn to save their private land from a wildfire ravaging the area, which worked, but encroached onto some “federally-owned” land, and the judge didn’t allow the defense to present the justification for the controlled back-burn (sort of like admitting you shot and killed someone, but the judge is not allowing you to present evidence of self-defense or have the statutes read in court, so you go down for murder). The judge also did not allow the admission into evidence by the defense, of a report published by BLM itself that shows the many ways using land for cattle grazing actually helps the various species of wildlife that BLM says they’re trying to protect by grabbing the land for a wildlife refuge.
Again, not corroborated, but it seems to me that if even half of this is true, it should be grounds for an overturned verdict (or at least, a new trial) on appeal.
On January 4, 2016 at 11:58 am, UNCLEELMO said:
When you say ‘only goobers set “controlled fires” that aren’t controlled’, I assume you’re referring to this-
Gary Miller, who ranches near Frenchglen, about 35 miles from the Hammonds’ hometown, said that in 2012, the BLM lit numerous backfires that ended up burning his private land, BLM permit and killed about 65 cows.
On January 4, 2016 at 12:04 pm, Herschel Smith said:
Yes, that too.
On January 4, 2016 at 4:49 pm, faithandhonor said:
And they did it IN JULY, when it is NEVER done, because of the need for the forage until winter, and the extreme danger of fire spread into unintended areas. Fires were deliberatelymset to consume the homes of ranchers, and surround herds of cows. Vindictive POS’s.
On January 4, 2016 at 5:40 pm, DAN III said:
Why weren’t the BLM Firestarters shot ?
On January 4, 2016 at 10:56 pm, Jester said:
We need to appeal to the judge to revisit that case because they obviously didn’t receive the minimum appropriate sentence…
On January 7, 2016 at 10:47 am, Ned Weatherby said:
Seems that I remember the feds burning down a big part of Los Alamos New Mexico and the surrounding forest during a “controlled burn.”
On January 7, 2016 at 11:04 am, Herschel Smith said:
I mentioned that in the post.
On January 11, 2016 at 9:47 am, Ned Weatherby said:
Right – my hosed point was reminding Uncleelmo that you supplied examples of other idiots starting fires.
On January 4, 2016 at 12:04 pm, Fred said:
I question the Tactic and the Strategy.
On tactics, the “sedition-ists” have, by walking into a building, surrendered the entire battle space to .gov. Or have they? Time will tell. The narrative for the cause of freedom may be lost to the .gov in the public debate. The timing is bad as their actions may garner support for further gun control. The .fed wanted the Bundy boys and now they have them. Stupid, or was it? Ryan Payne(???) is likely a Federal Agent and If not, then a loose cannon. This compounds problems. On strategy, it may set the liberty movement back several years. Despite all our problems in America we still side with victims. Those who go on offense, except when all avenues of recourse have been exhausted, may likely lose the public debate. We may see a backlash of belief that would indicate all liberty lovers are a problem. The original “long train of abuses” was addressed over decades. Every intellectual and legal recourse was attempted in a gentlemanly manner FIRST. Many took the months long journey to England to seek redress with the highest royal court whose attention they could garner. (The apostle Paul went, in chains, to Rome.) Have we, all of us, personally gone to see everyone from the dog catcher all the way up to the president? Have we told them of the abuse and indicated that it will not stand? Have we told our local, state and fed reps, face to face, that we do not seek war but that THEIR actions (attach your specific list here) are leading us to a second revolution? Have we done everything we can in an honorable, upright before God, and gentlemanly manner?
I’m not against the actions, necessarily but have we done all we can do. Whining on the internet does not count as an action. Evil wants you hiding in the darkness and secreting your guns away and posting anonymously on the internet. These are signs of fear. We know we are right. We know we are the good guys. We know that liberty is the natural state. Hiding does NOT prove to our Almighty God and man that our cause is just and that we have done, all we can do?
On January 4, 2016 at 2:37 pm, Jester said:
If you watch the video testimony of Ammon Bundy from 1/1/16, you will understand just how heinously the Hammonds have been victimized and assaulted and continue to be traumatized with literal physical threats by the DOJ to the point of life and death for the eldest Hammond male. Not to mention the family have effectively lost all chance of maintaining their livelihood and presence on that land, just like the scores of ranchers who have been forced out before them in order to clear the way for the totality of the stolen land in that county to be used to offset congressional debt by selling the natural gas and uranium resources to foreign bidders. This is another Bundy moment where the last holdout is being “taken care of”. And it is taking an OUTSIDE like Ammon Bundy, moved by deep empathy and conscience, to do what the locals in Oregon could not. Take a stand in defense of their abused neighbor, and all who will continue to be abused as the leviathan rolls on. But considering 50% of the population in those areas are on the BLM, F&W, or other Interior payrolls, it is not really surprising. Welcome to hell. Here is the video from Ammon.
“Dear Friends:” Ammon Bundy Responds to Stewart Rhodes’ Statement Re: The Hammonds
https://www.youtube.com/watch?v=Zl5rkosu2Ig
And here is Ammon speaking from the Wildlife Refuge after occupying it.
https://www.youtube.com/watch?v=hN4DAuYD5m0
On January 4, 2016 at 2:55 pm, Fred said:
Caught part of the press conference at about 14:30 east. Looking for full length vid. It was well thought out and sighted the relevant articles and codes in redress fashion. Good. Everyone needs to do the same and get an audience with their reps.
On January 4, 2016 at 12:55 pm, MTHEAD said:
This whole thing was in 2006, The original judge refused to apply the “terrorism” sentence because it wasn’t merited. 9 yrs., 18mos. served, $400,000.00 dollars later. Enter the enviro-insane/ legal team. (new judge/ prosecutor),” to appeal the sentence”. WTF???
Just so you know. The Hammonds own one last pieces of property in what was to be the Steen’s mtn. monument, under Clinton. But was turned into a “management area”, by our congressman. And this is nothing more than tax-fed hubris. An F-you because I can. And that is what the alt. media needs to hammer home.
Thanks captain for being so level-headed…….mthead
On January 4, 2016 at 2:51 pm, madoradataman said:
“There is no actual tyranny in this country against which to take up arms. There is bureaucratic inertia. There is pigheaded bureaucracy. There even is political chicanery. But there is no actual tyranny in the Endangered Species Act, or in the Bureau of Land Management, or in the Environmental Protection Agency, or in the Affordable Care Act, or in IRS dumbassery, or even in whatever it is that the president plans to say about guns in the next week or so. ”
Actually — any or all of these could be — and often are — the implementations of tyranny. Pig-headed bureaucracy is the most common dodge and manifestation; but they all may fit.
On January 4, 2016 at 2:51 pm, Jester said:
In this case, the elder Hammond still has not found his threshold, nor has his son, although 5 more years of prison is nearly a death sentence for the 75 year old Hammond patriarch. However noble Mr. Hammond’s intent to sacrifice his life and his current financial fortune, he is blind to the reality that even if the ladies of the family stood a fighting chance of maintaining the land and family business in their absence (which is doubtful), the Dept. of Interior is in the midst of finalizing a plan long in the making to remove the last of the private ranchers standing in the way of selling the gas and mineral rights to the entire area to foreign interests as a way of paying down a fraction of the portion of the interest on the federal debt so at least they can keep their jobs and cost of living increases for another few years. The Hammond Males have ZERO chance of ever utilizing that land for their own purposes in 5 years, and even if they were allowed to live there, their lifestyle will be gulag labor in 5 years. You know it and I know it, but such a reality is too horrible for most to contemplate for if they could, they would have found their “threshold” a long time ago and not continued to allow more abuse with the promise that the next beating would be the last and the bully would finally pack up and go home. Ammon Bundy however has seen the light and has offered his life and future fortunes for every current and future victim by drawing a line in the sand. Many have noted that he may even be effectively dragging so many into a confrontation they sought to put off and avoid for “just the right moment” according to their strategic calculations. Perhaps Ammon’s claims of divine inspiration are just that and the Lord has decided enough is enough.
On January 4, 2016 at 5:37 pm, DAN III said:
ALCON,
For all the bluster by well-meaning Americans here and elsewhere, until we reach our threshold and put a rope around the necks off federal judges and the unelected bureaucrats of the 4th branch of government, NOTHING WILL CHANGE. NOTHING. WILL. CHANGE.
On January 4, 2016 at 6:13 pm, Joe said:
The back story here from what I understand is repeated heavy handed federal govt attempts to drive off all the ranchers in this particular valley and that story apparently goes back many, many years. Here’s some additional info on the latest events:
“In October 2015, the 9th District Court “resentenced” Dwight and Steven, requiring them to return to prison for several more years. Steven (46) has a wife and 3 children. Dwight (74) will leave Susan (74) to be alone after 55 years of marriage. If he survives, he will be 79 when he is released.
During the court preceding the Hammonds were forced to grant the BLM first right of refusal. If the Hammonds ever sold their ranch they would have to sell it to the BLM.”
—
“The latest scene involved two ranchers being sentenced to five years in federal prison for inadvertantly burning about 140 acres of BLM rangeland in two separate fires, years ago. That is an area big enough to feed about three cow-calf pairs for a year in that neck of the woods.
Dwight, 73 and son Steven, 46, admitted in a 2012 court case, to lighting two different fires. Both fires started on Hammonds’ private property. An August lightening storm started numerous fires and a burn ban was in effect while BLM firefighters fought those fires. Despite the ban, without permission or notification to BLM, Steven Hammond started several “back fires” in an attempt to save the ranch’s winter feed. The “back burn” fire break worked and protected the Hammond’s ranch. BLM firefighters saw the back-burn and called it into their headquarters as an “arson.”
Sadly, wind drove the back-burn onto federal land, on which the Hammonds paid for grazing rights. Despite this, the US Attorney for Oregon prosecuted the two men, saying they committed arson against federal property along with nine other charges. The jury convicted the men of only two charges, starting the fires they readily admitted to starting.
Arson against federal property calls for a mandatory minimum sentence of five years prison. The Hammonds argued that such minimum mandatory sentences were unconstitutional and a judge agreed. He sentenced the two men to LESS than the five years. Not satisfied, the US Attorney appealed and the Ninth US Circuit ordered the District Court to re-sentence the men in accordance with the statute.”
———
[Article]
https://www.superstation95.com/index.php/world/723
———————0
‘ve grown so cynical in my old age that I immediately assume the “official” story
On January 4, 2016 at 8:03 pm, l2a3 said:
So when are they going after the BLM who set other fires and destroyed government land and private property?
HERE IS A TYPICAL EXAMPLE OF “THE LAW IS FOR YOU PEOPLE BUT NOT FOR US (YOUR SUPERIORS)!” This is a crime against Justice of the American People…THE LAW IS REQUIRED TO BE APPLIED EQUALITY TO ALL/EVERYONE, NOT JUST A SELECT FEW, AS IT IS HERE!
On January 4, 2016 at 6:16 pm, Joe said:
Whoops … last sentence should read–I’ve grown so cynical in my old age that I immediately assume the “official” story from the govt or its agents is a mixture of lies and misdirection…but that’s just me. :)
On January 4, 2016 at 8:03 pm, l2a3 said:
YOU ARE NOT ALONE!
On January 4, 2016 at 6:20 pm, Archer said:
Mike Vanderboegh, in the linked article (http://sipseystreetirregulars.blogspot.com/2016/01/no-more-free-wacos-national-three.html), stated his “declaration” of four demands. All four are more-or-less supportive of the “militia”, but are also predicated on the “No Fort Sumters” principle — that is, no first aggression; i.e. the “militia” shall not initiate violence, but will respond to violence visited upon them — and that the fed.gov will take every opportunity to resolve the situation peacefully.
I left a “what-if” question in comments over there, but as of this writing it has not appeared on the site (comments over there are moderated). I’ll repeat/paraphrase it here, because I’m not clear on what the response will be if this comes to pass:
What if the “occupiers” of the BLM building break the “No Fort Sumters” rule? We’re promising “No more free Wacos”, but what if violence is initiated by the “occupiers” and it’s the feds who respond in kind?
I understand that to the III%, if the fed.gov initiates violence, then it’s on. But if the “Bundy militia” initiates, what then? Do we just try to distance ourselves from their group (which will be hard, given the MSM will paint all freedom lovers and Constitutionalists with the same brush) and brace ourselves for whatever legislation and/or EOs the President or Governor decide to sign? Or something more?
On January 4, 2016 at 11:01 pm, Jester said:
If someone of the occupying force were to initiate violence without provocation, it would likely be a plant who previously bargained to do so in return for having some other problem “go away” and someone they care for well taken care of by our tax dollars. So, if Ammon is careful about who he lets into the group, that should not happen. Otherwise, such an act would be completely out of character for anyone there now, and highly unlikely.
On January 4, 2016 at 7:50 pm, l2a3 said:
Art. I, Sec. 8, Cl. 17 of the U.S. Constitution, which reads as follows:
“To exercise exclusive Legislation in all Cases whatsoever, over such
District (not exceeding ten Miles square) as may, by Cession of
particular States, and the Acceptance of Congress, become the Seat of
the Government of the United States, and to exercise like Authority over
all Places purchased by the Consent of the Legislature of the State in
which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings.”
I did/do not see any of those there.
On January 5, 2016 at 2:24 am, DAN III said:
The Constitution is fucking DEAD. Wake up.