FBI On Trial in Oregon Shooting

From behind the WaPo paywall: Malheur wildlife refuge occupation still reverberating as FBI agent goes on trial

In opening statements Wednesday, Assistant U.S. Attorney Gary Sussman made clear that the case will not focus on whether Finicum’s shooting was justified but on whether Special Agent W. Joseph Astarita fired two shots and then lied about doing so. Sussman told the jury that both shots were covered up by officers on the scene — and that aerial footage captured from two FBI planes will show officers picking up items in the snow near where the victim lay.

“Those shell casings were gone,” he said.

But defense attorney Robert Cary — perhaps best known for representing former U.S. senator Ted Stevens (R-Alaska) on corruption charges a decade ago — told jurors that those two shots could have come from Oregon state troopers as well as Astarita’s supervisor. “What does the government have?” Cary asked, noting that there were no other eyewitnesses or ballistic evidence.

Robert La Voy Finicum and family

Astarita’s trial follows withering criticism of the FBI not just from the self-described patriot movement but, more recently, from the country’s highest political office. For months President Trump has labeled a former director a liar and accused the agency of carrying out a witch hunt in its investigation of Russian interference in the 2016 presidential election. Last week, he publicly questioned the agency’s integrity after he held a meeting with Russian President Vladimir Putin.

At the same time, Trump has buoyed groups that chafe over the federal government’s control of Western lands. The president recently pardoned Dwight Hammond Jr., and his son, Steven, cattle ranchers who were in prison for setting fires on public land they used for grazing. The armed seizure of the Malheur National Wildlife Refuge in southeastern Oregon was in part sparked by the criminal conviction of the Hammonds.

“No matter who wins this case, the government loses,” said J.J. MacNab, a fellow in George Washington University’s Program on Extremism who studies anti-government groups. “If the prosecution fails to convict . . . then this case is another example of a Justice Department overreaching. If Astarita is convicted, then the movement will see this as evidence that LaVoy Finicum was murdered by law enforcement.”

The agent, a member of the FBI’s elite Hostage Rescue Team, allegedly lied about shooting at Finicum during a fatal traffic stop on Jan. 26, 2016. The 54-year-old Arizonan had been one of the leaders of the Malheur takeover, which quickly became a magnet for anti-government militias and members of the patriot movement from around the country. His death then became a flash point.
. . .
Astarita, 41, faces two counts of making a false statement and one count of obstruction of justice over the shots that the prosecution says he failed to disclose having fired at the vehicle. His gunfire was revealed by video taken by a passenger in Finicum’s truck as it was hit with bullets.

I've covered the Malheur rebellion since the beginning:

Has the Next American Revolution Already Started in Oregon?

Malheur Standoff Ends in Bloodshed

I'm Not Convinced (FBI releases video of shooting death of Oregon protester)

Malheur Seven Acquitted on All Charges

Trump Pardons Oregon Ranchers

It's not alleged that Astarita shot Finicum, who was not wounded before he was shot to death by Oregon Troopers. It's strongly suggested though, from what I've seen, that Astarita fired the opening shots in the encounter, into the car of the protesters just after the car had served off the road because of the roadblock in the way and while Finicum was exiting the car with his hands up, from above and behind the car. A video taken within the vehicle clearly records the shot, and the car had a bullet hole that came through the roof. In the article, Ryan Bundy claims to have a second bullet in his body, available as evidence if needed.

Although Astarita didn't admit to shooting, his gun was missing two bullets after the incident, and showed evidence of being fired, so presumably he either forgot firing on the passengers, or lied to his superiors about the incident. It seems like that might be something he would remember; on the other hand, he should know he would be expected to account for his bullets. He is accused to lying to the FBI, which would be fire-able offense, and possible jail time, as Michael Flynn and George Papadopoulos can attest.

However, the incident might have unfolded entirely differently had he not fired into the car. Although Finicum was a bit of a hot-head, and might still have come out spoiling for a fight, than again, perhaps not, and without previous shots, the troopers might not have been as quick to shoot, so he may be at least partially responsible for the death of Robert Finicum

Trump Pardons Oregon Ranchers

Trump pardons Oregon ranchers who inspired refuge standoff. Ace has a better summary than Yahoo: Trump Pardons Ranchers Whose Unjust Imprisonment Led to Bundy Standoff

They're not actually the Bundys. They're the ranchers whose fire inadvertently sparked a fire on federal lands, and who were then, bizarrely, prosecuted as terrorists.

The Oregon ranchers whose conviction for arson became the catalyst for 40 days of protests at the Malheur National Wildlife Refuge in 2016 were pardoned by Donald Trump today.
Dwight Hammond, 76, and his son Steven Hammond, 49 were convicted in 2012 of setting a fire on their own property that then spread to federal land. The Hammonds disavowed the protesters at the wildlife refuge where Robert LaVoy Finicum, one of the occupiers, was slain by federal authorities.

From The Hill:

Both men are currently in prison on five-year sentences, thanks in part to a 1996 antiterrorism law that imposed a mandatory minimum sentence on certain crimes on federal land. The length of their prison terms, in part, fueled outrage at their convictions.
Federal Judge Michael Robert Hogan originally gave the Hammonds reduced sentences in 2012, arguing that the mandatory minimums were unjust. But the Obama administration appealed, and federal Judge Ann Aiken in 2015 imposed the full five-year sentences.
"This was unjust," Sanders said in her statement. Dwight Hammond has served about three years of his sentence and Steven Hammond has served about four of his. Trump's pardon will set them free.

Cue the conspiracy theories from the left and the NeverTrumpers.

The problems all stem from the Federal governments decision to try them under a federal terrorism statute when a brush fire they set on their own property went out of control and spread to adjacent federal lands. They could have been charged under much less stringent laws (you know, that prosecutorial discretion that Hillary benefits from) , but the government had been trying to force them to give up their ranch so it could incorporated into the Malheur Wildlife Refuge for a long time, and putting them in jail for a long time seemed to be a good way to bankrupt them and force them to sell the land to the feds. The Hammonds were not involved in the Bundy protests, and actually discouraged them.

Good for Trump.

FBI Agent Seeks Dismissals in Oregon Standoff Shooting Charges

Gee, I wonder what they didn't want recorded: FBI told state police not to wear body cameras for 2016 stop of refuge occupation leaders

Prosecutors say witness testimony, audio and video evidence, plus bullet trajectory analysis yielded one conclusion: FBI agent W. Joseph Astarita lied about firing two shots at the truck of refuge occupation spokesman Robert "LaVoy" Finicum in 2016 after he swerved into a snowbank.

The information is detailed in a 32-page government response to Astarita's motion to dismiss the federal indictment against him. He's pleaded not guilty to three counts of making false statements and two counts of obstruction of justice. Astarita's lawyer claimed the indictment was based on "junk science.''

The government response also reveals that Oregon State Police SWAT troopers at the scene, ordinarily required to wear body cameras, didn't that day at the request of the FBI. The FBI did obtain video from FBI surveillance planes flying above the scene.

State police detectives also normally record interviews of officers who might be involved in a shooting, but they didn't that night when questioning the FBI Hostage Rescue Team members, again at the FBI's request. A follow-up interview with the hostage team members also came with unusual conditions, prosecutors note.

I have followed the Oregon stand off previously and we have  seen that it was pretty clear that the FBI agent fired the first shot from behind and above the vehicle, and then lied about it. I don't really want to believe that the FBI went there with the object of initiating a fire fight and killing someone, but demanding that the Oregon State Police not collect the video seems to suggest that they had something in mind.

The FBI also played some interesting games with the State Police's investigation of the shooting.

Deschutes County investigators shared their concerns about missing evidence and unaccounted-for shots with FBI officials in the days after the shooting. I.M., the FBI supervisor who had first questioned Astarita, also expressed frustration to another FBI leader about Astarita's odd response to his routine question. More FBI supervisory agents spoke with Astarita.

On Feb. 6, 2016, two state police detectives reinterviewed Astarita, but by then the hostage rescue team agents knew there were unaccounted-for gunshots and missing shell casings. The agents set conditions for the interview: They could only be interviewed as a group, the interview couldn't be recorded and their lawyer could be present on a speakerphone.

The state police detectives found those conditions "particularly an unrecorded group interview - odd and problematic, but reluctantly agreed to them, believing that the alternative would be no interview at all,''  prosecutors wrote.

B.M., the leader of Astarita's team, served as the "spokesman'' for the group and did most of the talking. The hostage rescue team agents conveyed individually and through their spokesman that they didn't fire any shots.

Sound almost like the DOJ interviews of the Clinton crowd in the email scandal.

It's hard to know what might have happened if Astarita hadn't fired shots into the vehicle, but I think there's a reasonable chance that Finicum might not have come out the vehicle spoiling for fight, and a senseless death could have been prevented.

Bundy Protesters Off the Hook

Jury refuses to convict in Bundy ranch standoff

A federal jury in Las Vegas refused Tuesday to convict four defendants who were retried on accusations that they threatened and assaulted federal agents by wielding assault weapons in a 2014 confrontation to stop a cattle roundup near the Nevada ranch of states' rights figure Cliven Bundy.

In a stunning setback to federal prosecutors planning to try the Bundy family patriarch and two adult sons later this year, the jury acquitted Ricky Lovelien and Steven Stewart of all 10 charges, and delivered not-guilty findings on most charges against Scott Drexler and Eric Parker.

More than 30 defendants' supporters in the courtroom broke into applause after Chief U.S. District Judge Gloria Navarro ordered Lovelien and Stewart freed immediately and set Wednesday morning hearings to decide if Parker and Drexler should remain jailed pending a government decision whether to seek a third trial.

"Random people off the streets, these jurors, they told the government again that we're not going to put up with tyranny," said a John Lamb, a Montana resident who attended almost all the five weeks of trial, which began with jury selection July 10.

"They've been tried twice and found not guilty," Bundy family matriarch Carol Bundy said outside court. "We the people are not guilty."
. . .
nbsp;Prosecutors characterized the six as the least culpable of 19 co-defendants arrested in early 2016 and charged in the case, including Bundy family members. With the release of Lovelien and Stewart, 17 are still in federal custody.

The current jury deliberated four full days after more than 20 days of testimony. The six men and six women returned no verdicts on four charges against Parker — assault on a federal officer, threatening a federal officer and two related counts of use of a firearm — and also hung on charges of assault on a federal officer and brandishing a firearm against Drexler. Navarro declared a mistrial on those counts.

None of the defendants was found guilty of a key conspiracy charge alleging that they plotted with Bundy family members to form a self-styled militia and prevent the lawful enforcement of multiple court orders to remove Bundy cattle from arid desert rangeland in what is now the Gold Butte National Monument.

You might remember that the Bundy standoff in Arizona resulted in no shootings, and no violence, so charging them with assault seems like a stretch. I don't think they even verbally threatened violence, and I don't see how legally carrying a firearm can be considered a threat. However, a later demonstration, where two Bundy sons and others took over the headquarters at Malheur National Wildlife Refuge in Oregon, resulted in the death of one rancher, when local law enforcement killed LaVoy Finicum, after an FBI agent fired the first shot at a car carrying Ryan Bundy, Finicum, and two women to a meeting in Burns, Oregon at a road block.

Compare the pursuit of charges against the non violent Bundy protestors with the lack of charges against the repeatedly violent antifa protesters, before and after the election.

Army Corps Declines to Enforce the Law

Despite deadline, Army Corps of Engineers has no plans to remove pipeline protesters

Last Friday the Army Corps of Engineers sent protesters a letter informing them that the public land on which they have been camping for months already will be closed as of December 5th. That means that after that date everyone who remains at the main protest camp will, at least in theory, be trespassing and could be arrested.

However, it seems there is much less to the action by the Army Corps than it first appeared. Sunday the Army Corps of Engineers issued a statement saying it had “no plans for forcible removal.” In other words, the protesters may be trespassing in theory once the deadline passes, but no one is going to enforce it.

The Army Corps of Engineers “is basically kicking the can down the road, and all it is doing is taking the liability from the Corps and putting it on” the Standing Rock Sioux tribe, Morton County Sheriff Kyle Kirchmeier said…
County and state officials have been seeking federal law enforcement help for months and were initially buoyed by the Corps’ order for protesters to move off the land. The agency’s later announcement that it would not forcibly evict any demonstrators dampened hopes that the issue would soon be resolved, Morton County Commission Chairman Cody Schulz said.
“It’s useless for local and state law enforcement, and the order from the Corps is self-serving and amounts to them limiting their liability,” Schulz said.

Gov. Jack Dalrymple criticized the move, telling the AP, “Clearly the responsibility of clearing that land now lies primarily with the Corps.”

What the feds won’t do the winter weather might. There was much consternation a week ago when police sprayed water on protesters who approached their line. At the time it was only about 20 degrees outside. But that could seem balmy by next month. There is a snow storm hitting the area this week and the current forecast is for a high of 10 degrees Fahrenheit in Cannonball, ND next Thursday. The low that night is forecast as -2 degrees. That will test the resolve of the protesters far more than anything the police can do.

It's one thing if the Feds are declining to enforce the law because they fear another shooting, like at Malheur, Oregon standoff, it's entirely another if administration is refusing to enforce the law because they sympathize with the protesters. I hope the former, but suspect the latter. I'd like to see the emails.

Who Put Children in Charge?

A liberal judge, of course: Children win right to sue US government on actions causing climate change

Last week, a group of 21 young people, aged 9 to 20 years, won the right to sue the US government for its actions that cause climate change, when an Oregon federal judge ruled that the plaintiffs' lawsuit was valid and could proceed to trial.

According to Motherboard, the lawsuit, which is being spearheaded by Our Children’s Trust, a civic engagement nonprofit for youth, charges President Obama, the fossil fuel industry, and other federal agencies for violating the plantiffs' constitutional right to life, liberty, property, and to vital public trust resources, by continuing to use fossil fuels.

I'm sure they sailed to their press conference in wind powered buses.

The lawsuit was filed in September 2015, and is supported by noted climate scientist James Hansen, who is a co-plaintiff in the case, as guardian for his granddaughter and for future generations. Since last year, lawyers for the defendants from various governmental organizations have attempted to get the case dismissed on various grounds, including the question of whether minors can defend their constitutional rights like adults, as well as asserting that climate change is not caused by humans.

The kids, of course, are being pushed into this by adults.

The judge, US District Judge Ann Aiken, appointed by Bill Clinton, was married to the onetime Chairman of the Democratic Party in Oregon, also precipitated the Malheur occupation when she resentenced two farmers to five years in jail for burning weeds.

On October 7, 2015, Judge Aiken resentenced Dwight L. Hammond and his son Steven D. Hammond to five years in prison with credit for time served for federal arson, the mandatory minimum for that crime. The Hammonds had illegally set fires on their ranch which burned 140 acres of federal land. U.S. District Judge Michael R. Hogan had sentenced the Hammonds to 3 months and 1 year in prison respectively, but Judge Aiken ruled that the minimum sentences must be followed.

140 Arrested in Access Pipeline Protest Violence

Dakota Access Pipeline Standoff Lapses Into Violence

A standoff between Dakota Access Pipeline protesters and law enforcement degenerated into violence Thursday when two protesters opened fire in separate incidents, wounding a “private individual” and narrowly missing a sheriff’s deputy, according to North Dakota officials.

A man was shot in the hand after being “run off the road by protestors,” according to state Department of Emergency Services spokeswoman Cecily Fong, who noted that the victim also was armed. A protester was taken into custody, the Morton County Sheriff’s Department said in a statement.

In this HuffPo post, protesters claim the man fired on was a pipeline company employee and an armed "instagator." Protesters also burned his vehicle.

In a separate incident, a woman was arrested after firing three shots that almost hit a deputy, Fong said. As darkness fell, more than 100 protesters had been arrested.

“We do believe there are people down there that are peaceful and prayerful but we’ve also known from the beginning that there are some bad actors,” Fong said, referring to the hundreds of Native Americans and activists who’ve camped in protest of the oil pipeline for months. “The last thing we want is for anybody to get hurt.”

The violence erupted Thursday morning, when law enforcement began removing Native Americans and environmental activists from a protest camp they built on private land.  The site, known as Cannonball Ranch, will be used by Energy Transfer Partners for its 1,172-mile pipeline. 

There is another camp on federal land, which the authorities seem to be in no hurry to clear.

Also today, arrest warrants were issued for two protesters who threatened journalists and trapped them in their car until police arrived:

Authorities say the Oct. 18 attack on the journalists involved protesters taking a reporter’s microphone, blocking a vehicle in which the journalists locked themselves, and shaking and hitting the vehicle. Law officers eventually rescued the journalists after they called 911.

That incident involved Phelim McAleer and Magdalena Segieda, creators of the documentary film FrackNation. They published video of the incident online last week. . .

Now imagine the Federal government's response if the Malheur protestors had behaved in a similar way. 

Malheur Seven Acquitted on All Charges

Good news for the ongoing "sagebrush rebellion" as Jury finds all Oregon standoff defendants not guilty of federal conspiracy, gun charges. 

A federal jury on Thursday found Ammon Bundy, his brother Ryan Bundy and five co-defendants not guilty of conspiring to prevent federal employees from doing their jobs through intimidation, threat or force during the 41-day occupation of the Malheur National Wildlife Refuge.

The Bundy brothers and occupiers Jeff Banta and David Fry also were found not guilty of having guns in a federal facility. Kenneth Medenbach was found not guilty of stealing government property, and a hung jury was declared on Ryan Bundy's charge of theft of FBI surveillance cameras.
. . .
The jury of nine women and three men returned the verdicts after five hours of deliberations on Thursday in the high-profile case that riveted the state and drew national and international attention to the federal bird sanctuary in rural eastern Oregon.

Each defendant stood separately, facing the jury, as the judge read the verdicts. Ammon Bundy, his hands clasped behind his back, nodded as the "not guilty'' verdicts were read for him first. As he sat, he smiled and rubbed the shoulder of his lawyer, Marcus Mumford.

The acquittals did not occur without incident:

 The coda to the stunning verdict, undoubtedly a significant blow to federal prosecutors, was when Ammon Bundy's lawyer Marcus Mumford argued that his client, dressed in a gray suit and white dress shirt, should be allowed to walk out of the court, a free man.

U.S. District Judge Anna J. Brown told him that there was a U.S. Marshal's hold on him from a pending federal indictment in Nevada.

"If there's a detainer, show me,'' Mumford stood, arguing before the judge.

Suddenly, a group of about six U.S. Marshals surrounded Mumford at his defense table. The judge directed them to move back but moments later, the marshals grabbed on to him.

"What are you doing?'' Mumford yelled, as he struggled and was taken down to the floor.

As deputy marshals yelled, "Stop resisting,'' the judge demanded, "Everybody out of the courtroom now!''

Mumford was taken into custody, a member of his legal team confirmed.

Unless there's much more to the story of Mumford's protestations than is reported here, the marshal's reactions seem extreme and punitive, as if to take revenge on the person who managed to help the seven evade what they perceived as justice. Mumford said later that he was tased in the incident.

By 6:30 p.m., Mumford was released from custody. He confirmed that he was struck with a stun gun once while he was on the floor of the courtroom.

"I grew up on a dairy farm, so am I used to some rough treatment, sure?'' he said. But he said the actions of the U.S. marshals were uncalled for.

"All I was asking for was papers. Just show me you have the authority to take Mr. Bundy into custody.''

Pretty clearly a case of jury nullification, but I'm OK with that. The jurors may have found the hook they needed to acquit:

Schindler said he believes the jury's verdicts resulted from the difficulty the government had in proving that the "intent'' of the defendants was to conspire against the U.S. Fish and Wildlife Service and U.S. Bureau of Land Management.

"The judge gave us broad ability to bring in a defendant's state of mind and what you saw was a number of defendants who each had their own motivations,'' Schindler said.

When prosecuting a drug conspiracy, it's easy to point to what the defendants' underlying objective is. But in this case, Schindler said, there was "no obvious underlying self interest.'' He said the defense also was bolstered because the jurors came from different regions from the state, and not just from Portland.

Another factor may have been the FBI's heavy handed use of FBI "infiltrators" in the standoff. As many as 15 FBI plants also participated in the crimes alleged by the government: Defense rests with witness confirming he was FBI informant and ran occupation's shooting range

Defense lawyers rested in the Oregon standoff case Monday after they called a witness who confirmed he was an informant for the FBI and acknowledged that he infiltrated the occupation of the Malheur National Wildlife Refuge and supervised the shooting range for several days.

The man who occupiers initially knew only by his alias "John Killman'' was revealed to be Fabio Minoggio, a Las Vegas resident subpoenaed by the defense to testify after prosecutors declined to confirm if he was a government informant.
. . .
Minoggio was one of 15 confidential informants who fed the FBI information about the occupiers, testimony showed.

Nine of the 15 were at the refuge for various lengths of time between Jan. 4 and Jan. 26, according to a statement that Assistant U.S. Attorney Craig Gabriel read to jurors. Those nine included the three who have been identified at trial: Minoggio, defense witness Terri Linnell of California and Mark McConnell, who was the driver of the Jeep that Ammon Bundy was riding in when he was arrested on Jan. 26.

None of the unidentified other six informants were at the refuge beyond Jan. 23, Gabriel told jurors.

LaVoy Finicum, shot to death in road stop, Jan 26, 2106

While it is perfectly legal to use such plants, it may not have sat well with jurors that there were more people from the FBI participating in the stand off than people who were actually charged with crimes. That screams entrapment.

It will be interesting to see how the Nevada trials go. After this, I'm sure the government will be sure to push for an all urban jury, if possible. The jury in this trial, which was held in Salem, had jurors from a wide area of Oregon, not just the cities of Salem and Portland, which might have had an entirely different outcome.

New Video in Oregon Occupier Shooting - FBI Shot First

A very interesting, and disturbing video was released, with a cellphone camera in the occupier vehicle syched with law enforcement drone footage  in the shooting of Levoy Finicun and Ammon Bundy that marked the end of the Oregon occupation:

and some new "facts":

Despite claims from occupiers and their supporters that law enforcement fired more than 100 times into the truck carrying Finicum and other militants, investigators say only eight shots were fired. Video evidence provided Tuesday outlined in detail the actions taken during the traffic stop and shooting. Finicum was hit with three bullets in the back, all fired by Oregon State Police troopers.

In the cellphone video, the occupants of the car are convinced they are under fire at 5:23 or so, long before Finicum exits the vehicle and is shot down. I think I hear a shot, but it appears the LEOs are using some sort of flash bang at times and maybe "beanbags" break windows, so it's difficult to tell. However, a picture of the vehicle seems to show a bullet hole in the roof:

Which suggests they were shot at by someone at some elevation above the vehicle (not the officers seen in the video).

Investigators say that along with six shots fired by state police, FBI agents fired twice at Finicum’s vehicle — and that those shots were initially not disclosed to the joint task force examining Finicum’s death. U.S. Attorney Billy Williams said an investigation into those shots and possible misconduct is ongoing by the Department of Justice’s inspector general.

In a press release Tuesday afternoon, U.S. Rep. Greg Walden, R-Oregon, said he was “disturbed and bewildered” by the revelation of the two unaccounted for shots.

Yep: FBI agents under investigation for possible misconduct in LaVoy Finicum shooting

An FBI agent is suspected of lying about firing twice at Robert "LaVoy" Finicum and may have gotten help from four other FBI agents in covering up afterward, authorities revealed Tuesday.

The bullets didn't hit Finicum and didn't contribute to his death, but now all five unnamed agents, part of an elite national unit, are under criminal investigation by the U.S. Justice Department. Inspector General Michael Horowitz is leading the independent inquiry.
. . .
"The question of who fired these shots has not been resolved," said Greg Bretzing, special agent in charge of the FBI in Portland. The federal agency is cooperating with the inspector general's investigation, he said at a news conference. . . . Cox's video showed that one shot hit the truck's left rear passenger window as Finicum stepped out. At the time, Finicum appeared to have his hands at least at shoulder height.

Hands up, don't shoot? Maybe it doesn't apply to ranchers.

Investigators later established that the bullet entered the truck through the roof before shattering the window and concluded it was fired by an FBI agent. Another bullet from the same FBI agent apparently went wild and missed the truck altogether, the investigation showed.

Notice that at no time after Finicum is shot do they make any attempt to check on him or treat him. And they spend a lot of time hiding behind their vehicle shooting out the windows of the occupier vehicle, and shining lasers on the occupants (now mostly women). Very, very brave.

I'm Not Convinced

FBI releases video of shooting death of Oregon protester

In an unexpected move, the FBI released video Thursday of state police officers fatally shooting one of the armed Oregon protesters who took over a remote wildlife refuge as a sign of protest against government land-grabbing and over-reaching.

Robert "LaVoy" Finicum, 56, died Tuesday during the arrest of occupation ringleader Ammon Bundy and four others during a traffic stop near the Malheur National Wildlife Refuge. His death was captured on video taken from an FBI plane that shot footage as Finicum, driving a white truck, was pursued and ultimately confronted and killed by Oregon State Police officers.

"I want to caution you that the video does show the shooting death of LaVoy Finicum," said Greg Bretzing, the special agent in charge of the FBI field office in Portland. "We realize that viewing that piece of the video will be upsetting to some people, but we feel that it is necessary to show the whole thing unedited in the interest of transparency."

He said it was "incumbent" on law enforcement to show the video of Finicum, who he said behaved recklessly and made a motion toward a gun in his coat pocket.

Hands up, don't shoot?

Supporters of the militants who took over the refuge had claimed Finicum, a rancher from Arizona who came to Oregon to support the protesters, was gunned down in cold blood. Some posts on social media have called his death an anti-government rallying cry.

I find it hard to believe this is the best video they have of the incident that they knew was going to be coming up; they set the roadblock knowing that Finicum and the Bundys were coming to town that evening to speak.

The FBI released the video to allay public concerns over "inflammatory" accounts of the shooting, Bretzing said. Bretzing said Finicum eventually pulled the truck over and was ordered by officers to surrender.

Eventually? The time from the truck going off the road into the snow and the Finicum being shot is less than 10 seconds.

"Finicum leaves the truck and steps through the snow," Bretzing said."Agents and troopers on scene had information that Finicum and others would be armed. On at least two occasions, Finicum reaches his right hand toward a pocket on the left inside portion of his jacket. He did have a loaded 9 mm semi-automatic handgun in that pocket. At this time, OSP troopers shot Finicum."

I didn't see that, but it's a pretty crappy video. I see a man with his hands out in surrender, and then stumbling around in the snow.

FBI agents are not generally equipped with body cameras, but video of the incident involving Finicum was captured by the FBI plane. The footage at times is obscured by trees but at one point, Finicum can be seen reaching toward his jacket pocket. The FBI said agents and troopers found three other loaded weapons inside the truck: two .223 caliber semi-automatic rifles and a .38 special revolver.

#Rancherlivesmatter 

Malheur Standoff Ends in Bloodshed

The standoff between Bundy family lead ranchers, who occupied an unused Federal building at Malheur National Wildlife Refuge in protest of the treatment of local ranchers at the hand of the federal government ended in a shooting at a roadblock set by the FBI and local authorities to "catch" the main agitators. The result was one rancher dead, and another injured, and the apprehension of several of the groups main characters:

Oregon standoff spokesman Robert 'LaVoy' Finicum killed, Bundys in custody after shooting near Burns

Oregon standoff spokesman Robert "LaVoy" Finicum was killed and other leaders of the Malheur National Wildlife Refuge occupation were arrested Tuesday after the FBI and state police stopped vehicles about 20 miles north of Burns.

Authorities did not release the name of the person who died at the highway stop, but Finicum's daughter confirmed it was Finicum, 55, of Cane Beds, Arizona, one of the cowboy-hat wearing faces of the takeover.

"My dad was such a good good man, through and through," said Arianna Finicum Brown, 26, one of Finicum's 11 children. "He would never ever want to hurt somebody, but he does believe in defending freedom and he knew the risks involved."

Ryan Bundy, 43, of Bunkerville, Nev., suffered a minor gunshot wound in the confrontation about 4:30 p.m. along U.S. 395. He was treated and released from a local hospital and was in FBI custody, authorities said.

Also arrested during the stop were his brother, Ammon Bundy, 40, of Emmett, Idaho, Ryan W. Payne, 32, of Anaconda, Mont., Brian Cavalier, 44, of Bunkerville, Nevada, and Shawna J. Cox, 59, of Kanab, Utah. They were charged with conspiracy to impede federal officers, a felony.

I'm sure this is so they can charge all those apprehended at the scene with murder, for participating in a felony that led the the death of their friend.

Finicum on Monday said an interview that "the tenor has changed" between the occupiers and federal authorities.

Robert "LaVoy" Finicum's last interview with The Oregonian on the day before his death
"They're doing all the things that shows that they want to take some kinetic action against us," Robert "LaVoy" Finicum says of federal agents. These were some of Finicum's last words to The Oregonian/OregonLive on the day before his death.

"They're doing all the things that shows that they want to take some kinetic action against us," he said.

A bit prophetic, but also an indication that he might have been a little high strung.

Little detail was available about the dramatic finish to the free-roaming ways of the militant leaders. State police said troopers were involved in the shooting and that one person died, another suffered non-life-threatening injuries and no police were hurt.
. . .
The leaders were on the highway bound for John Day, where they were scheduled to participate in an evening community meeting set up by local residents. A crowd of several hundred had gathered at the John Day Senior Center and were subsequently told the the "guest speakers" would not be appearing.

The highway was blocked for a 40-mile stretch between Burns and John Day. Police were stationed near Seneca, a small city of 200 south of John Day, with long guns. They said they didn't know how long the roadblock would be place. Grant County Sheriff Glenn Palmer was there.

A few thoughts on this.

Challenging the federal government with guns in your hands is probably a bad idea, unless you are really willing to take it to the end. If that's what really happened.

Rumors are already circulating the Finicum was shot while attempting to surrender. I'm pretty confident that dash cam, body cam and probably even an Imax grade movie were shot at the scene to document the arrest. If something doesn't come out pretty soon, we can safely assume that the authorities are pulling a Rahm Immanuel to cover it up. Do not trust initial reports from either "side."

I'm sure the Obama administration will be opening an investigation into the representation of ranchers among the local cops and FBI. /sarc

There's no reason on earth that the Federal Government needs to own more than 50% of the land in Oregon, and rent it back to ranchers to graze on. If someone is making even marginal use out of it, they should have the opportunity to purchase it at a market price. Land is better used by owners than tenants.

Someone needs to look into the methods used by the Malheur Wildlife Refuge, and its parent, the Interior Dept. to acquire private lands to add to their holdings, as they were apparently trying to do to the Hammonds in Oregon, and the Bundys in Arizona. All bureaucrats want to expand their domain of influence and holdings, and want more and more restrictions on non-governmental citizens activities there. This is an area ripe for a reversal.

#Rancherslivesmatter