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

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

Has the Next American Revolution Already Started in Oregon?

Probably not, but: Militia takes over Malheur National Wildlife Refuge headquarters

"After the peaceful rally was completed today, a group of outside militants drove to the Malheur Wildlife Refuge, where they seized and occupied the refuge headquarters. A collective effort from multiple agencies is currently working on a solution. For the time being please stay away from that area. More information will be provided as it becomes available. Please maintain a peaceful and united front and allow us to work through this situation."

The Bundy family of Nevada joined with hard-core militiamen Saturday to take over the headquarters of the Malheur National Wildlife Refuge, vowing to occupy the remote federal outpost 30 miles southeast of Burns for years.

The occupation came shortly after an estimated 300 marchers — militia and local citizens both — paraded through Burns to protest the prosecution of two Harney County ranchers, Dwight Hammond Jr. and Steven Hammond, who are to report to prison on Monday.

Among the occupiers is Ammon Bundy, son of Nevada rancher Cliven Bundy, and two of his brothers. Militia members at the refuge claimed they had as many as 100 supporters with them. The refuge, federal property managed by the U.S. Fish and Wildlife Service, was closed and unoccupied for the holiday weekend.

From the discussion at Althouse: Paco Wove wrote

The story at that link doesn't explain the genesis of this dispute. Here's a little background:

The father and son of a prominent Oregon ranching family plan to surrender at a California prison next week after a judge ruled they served too little time for setting fires that spread to government lands they leased to graze cattle.

Dwight Hammond, 73, and Steven Hammond, 46, said they lit the fires in 2001 and 2006 to reduce the growth of invasive plants and protect their property from wildfires.

The two were convicted of the arsons three years ago and served time -- the father three months, the son one year. But a judge ruled their terms were too short under federal law and ordered them back to prison for about four years each.

The decision has generated controversy in a remote part of the state where the Hammonds are well-known for their generosity and community contributions. It's also playing into a long-simmering conflict between ranchers and the U.S. government over the use of federal land for cattle grazing.

It doesn't appear as though the fires burned anything but grass and trees, so four years in prison seems pretty harsh. Haven't found out anything about the judge involved yet.
The Hammonds don't seem to want anything to do with the Bundys.

My own thoughts on the matter:

Burning grasslands is the traditional Indian way of keeping grasslands clear of encroaching trees and weeds. When I lived in Oregon, the grass seed fields of the Willamette Valley were burned every fall to kill the weeds.

The inequality between the amount of land the Federal government owns in different states is staggering. As little as 0.4% in Rhode Island and Connecticut and 84.5% in Nevada. Oregon is a mere 53.1%, while Wisconsin is 5.6%. You can't tell me that the differences between Wisconsin and Oregon warrant that kind of discrepancy. The US could certainly solve it's deficit and probably it's debt problem by carefully selling off the land it owns that is already being put to productive use by the private sector. And the new owners would probably treat the land better, having a vested interest. But that would put a lot of federal bureaucrats out of a job, so it will never happen.

President Obama could head this off by pardoning the Hammonds. Anyone think he's up for that?

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.

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.

With Unequal Justice, For Some

Justice Department told feds to “stand down” on Dakota Access Pipeline protests

A mystery may have been solved in terms of the ongoing protests surrounding the Dakota Access Pipeline in North Dakota. Throughout these demonstrations and incidents of violence centered on the makeshift camps set up on federal land, we’ve been wondering why the federal response has been so muted. In fact, fairly early on I pointed out that there seemed to be something of a double standard between this confrontation and the showdown with the Oregon protesters last year. Given the amount of damage taking place and recorded incidents of violence, why weren’t federal agents moving in to keep more order and support local law enforcement?

A new revelation this week may provide the answer. According to at least one report, the Department of Justice under Attorney General Loretta Lynch passed the word to “stand down” and not get too involved. (Daily Caller)

Attorney General Loretta Lynch refused to meet with National Sheriff’s Association (NSA) Executive Director Jonathan Thompson about the law enforcement issues facing communities in North Dakota as a result of protests of the Dakota Access Pipeline and the DOJ wants the ND U.S. Attorney to stay away from the situation.
Protesters trying to stop the construction of the Dakota Access Pipeline are threatening and intimidating nearby residents, commuters, and press as well as threatening the lives of law enforcement officers…
According to an email obtained by the Daily Caller, Thompson told NSA personnel, that DOJ refused to deploy federal resources in support of local Morton County, North Dakota Sheriff Kyle Kirchmeier in an effort to fend off what the NSA and local officials called, “unlawful protests, threats of community intimidation and interfering with lawful commerce.”
One source close to the situation told TheDC that “the DOJ told the US attorney to stand down on help. North Dakota’s attorney general is not engaged either. Sheriffs are in the middle of the storm with limited help.”

This is a disturbing turn in the story to say the least. It’s one thing to adopt a bit more of a hands off approach in general… providing things aren’t getting out of hand. It’s another matter entirely to refuse the requests of state and local officials for help when there’s legitimate violence taking place. In addition to the violent encounters referenced in the linked article, the protesters have already engaged in arson which destroyed millions of dollars of equipment which was lawfully situated and in use. Refusing such a request is just leaving the sheriffs and state police high and dry.

Another aspect of these protests is cleared up by The Daily Caller’s research as well. You’ll recall that we previously highlighted the dual nature of the protest camps. Some of those engaged in demonstrations are locals and members of the Native American tribes in the area. But a second group is composed of outsiders who were brought in to fight any and all fossil fuel activity. The DC points us to a record of arrests thus far from the Dickinson Press. Out of 123 arrests as of earlier this week, less than twenty of them were locals or members of the tribes. The other 106 were all imports from out of state.

I can understand the Justice Department not wanting to get into a shoot out with any of the fossil fuel protesters, but I'd be very surprised if any of them were armed. Which doesn't make their occupation of the federal land any more legal than the Malheur protestors. Moreover, someone in the Dakota Access protestor ranks has already caused far more property damage than the Malheur people ever attempted.

How much would you be willing to wager that a significant number of the "outsider" protesters are bought and paid for by George Soros or some other left wing benefactor. This may be a job for Project Veritas.

Oregon, My, uh "Greater Idaho?"

Oregon Live, More Oregon counties vote to move into Idaho, part of rural effort to ‘gain political refuge from blue states’

Five eastern Oregon counties voted Tuesday in favor of considering becoming part of Idaho. Baker, Grant, Lake, Malheur and Sherman counties join Union and Jefferson, which voted last year to require county officials to study or promote joining Idaho.

Grant voted 1,471 to 895 for county officials “to meet and discuss relocating Idaho border.”

Lake voted 1,341 to 463 for the “relocation of Idaho border” to be taken up in “county board of commissioners meetings.”

Malheur voted 3,050 to 2,572 for “county court meetings regarding relocation of Oregon-Idaho border.”

Sherman voted 429 to 260 in favor of “promoting moving Oregon-Idaho border.”

Baker voted 3,064 to 2,307 for county commissioners “to meet three times per year to discuss a proposal to include 18 counties, including Baker, as part of Idaho,” the Baker City Herald reported. Baker County results are not yet available from the Oregon Secretary of State’s Office.

The grassroots group Move Oregon’s Border for a Greater Idaho wants to flip Oregon’s mostly rural eastern and southern counties -- plus a few northern counties in California -- into Idaho, believing they’d be better off in Idaho’s more conservative political environment. It’s hoping that political pressure from county initiative votes will lead to negotiations between Oregon and Idaho to move the border between the two states, putting up to 22 of Oregon’s 36 counties in Idaho.

“This election proves that rural Oregon wants out of Oregon,” lead petitioner Mike McCarter said in a statement. “If Oregon really believes in liberal values such as self-determination, the Legislature won’t hold our counties captive against our will. If we’re allowed to vote for which government officials we want, we should be allowed to vote for which government we want as well.”

When we lived in Oregon, we lived in Corvallis, a college town comfortably in the Willamette Valley, which would not be expected to split with the remainder of Oregon, but Dad had a "vacation" place in very rural Douglas County, which I would rather expect to join, or even lead such a movement. 

As long as I can remember there have been smoldering movements for secession by the rural areas of Oregon, Northern California. I recall talking to a proponent of Jeffersonia or Jefferson in a cafe' near Mount Shasta. Some have even proposed Oregon, Washington and British Columbia seceding from the US and Canada to form Cascadia. I don't expect this one to succeed any more than the previous ones. 

I don't seem much national advantage to this solution either. Oregon, California and Idaho would still retain the same number of Senators, presumably from the same party. There might be a little shuffling in the House, but probably not a determinative amount. However, the rural folk in Oregon and NorCal would presumably get friendlier governments in charge.

The problem of the failure of urban dominated states (and Portland, plus a few Willamette Valley cities do dominate Oregon, to adequately represent their rural constituencies is part of the fundamental urban/rural divide in United States politics. The electoral college was one way the Founder foresaw, and dealt with the issue, giving a slight edge to more rural states. However, it did nothing to ease such tensions within a state.

Linked at The Daley Gator in Your Friday Linky Love!.

Oregon, My Oregon

At Legal Insurrection, Eastern Oregon County Sets Vote to Secede, Becoming 12th to Join of “Greater Idaho” Movement

The last time I reported on the Greater Idaho movement—whose goal is to obtain enough signatures and election success to persuade Oregon, Idaho, and the federal government to allow 15 counties to leave a blue state for a red one without having to move—two counties were slated to vote on the issue Nov. 8th.

The votes were tallied, and the Greater Idaho movement has expanded.

Two more eastern Oregon counties have reportedly voted in favor of the Greater Idaho movement.

Its purpose is to convince state legislatures to move the Oregon-Idaho border, turning conservative counties of Oregon into counties of Idaho.

In a Wednesday news release, the movement said it had seen victory in Morrow and Wheeler counties, clinching 60% and 58% of the votes as of that morning, respectively.

At the present time, 11 counties have officially approved the measure. Now, a 12th is poised to take a vote on the issue.

Earlier this week, the Greater Idaho movement submitted a petition that could potentially add its ballot initiative onto Wallowa County’s ballot in May 2023.

Greater Idaho advocates are pushing for the states of Oregon and Idaho to move their borders so that Oregonians who live in more conservative counties can be a part of Idaho, which has historically been dominated by Republican voters.

According to Oregon’s Election Division, new measures are placed on ballots as long as the petition received enough valid signatures.

If Greater Idaho’s petition is successful and makes it onto the ballot, Wallowa County could be the 12th Oregon county — out of the 15 included in the proposal — to vote in favor of moving the state lines. Wheeler, Klamath, Harney and Malheur counties are among the counties who have supported the movement in past elections.

It appears the separation could be amicable.

The movement’s volunteers are asking Oregon Senate president nominee Rob Wagner to allow a hearing on their bill in January. The bill would invite Idaho to begin talks with Oregon on the potential of moving the border. A January 2022 SurveyUSA poll showed that 68% of northwestern Oregon voters thought that the Oregon Legislature should hold hearings on the idea, and only 20% opposed.

The poll also found that a mere three percent of such voters think keeping eastern and southern Oregon in the state is worth the cost. The movement estimates the cost at $500 per northwestern Oregonian wage earner annually.

In related news, Oregon joins the long list of blue states that have seen their populations decline. Interestingly, the last census showed that the state lost people for the first time in over 30 years.

Good luck, but I think they're missing a trick by not demanding secession to form a new state, call it Roregon, and get two senators.

Army Announces End of Access Standoff

Army Corps of Engineers to close it's lands to all, including protesters.

The chairman of the Standing Rock Sioux tribe said Friday that the U.S. Army Corps of Engineers plans to close an area where people have been camping for months to protest the Dakota Access oil pipeline.

Dave Archambault said in a statement that he received a letter from the Corps, dated Friday, which says all lands north of the Cannonball River will be closed Dec. 5.
. . .
The letter, provided by the tribe, says: "To be clear, this means that no member of the general public, to include Dakota Access pipeline protesters, can be on these Corps lands."

It says anyone on land north of the river after Dec. 5 will be trespassing and may be prosecuted. It also says anyone who stays on the land does so at his or her own risk.

The letter, from Army Corps of Engineers Col. John Henderson, says the closure is necessary to protect the general public from violent confrontations between protesters and authorities and to protect demonstrators from illness, injury or death during North Dakota's harsh winter months. It also says that the area does not have necessary first responder services or facilities to protect people during the winter.

The violence and vandalism carried out by the Indian and enviro-activist demonstrators of the Dakota Access Pipeline have been a stark contrast to the the blustery, but ultimately nonviolent and property respecting protesters at the Malheur standoff, much the way the filthy Occupy Wall Street protesters contrasted with the Tea Party demonstrations, who left their protest sites cleaner than before they arrived.
They have already promised to defy the Corps. Pipeline Protesters Vow to Stay on Federal Land

Dakota Access oil pipeline protesters will not follow a government directive to leave the federal land where hundreds have camped for months, organizers said Saturday, despite state officials encouraging them to do so.

Standing Rock Sioux tribal leader Dave Archambault and other protest organizers confidently explained that they'll stay at the Oceti Sakowin camp and continue with nonviolent protests a day after Archambault received a letter from the U.S. Army Corps of Engineers that said all federal lands north of the Cannonball River will be closed to public access Dec. 5 for "safety concerns."
. . .
Standing Rock tribal members believe the land in which the encampment is on is owned by the Sioux through a more than century-old treaty with the U.S. government.

"We are wardens of this land. This is our land and they can't remove us," said protester Isaac Weston, who is an Oglala Sioux member from South Dakota. "We have every right to be here to protect our land and to protect our water."

But being leftist protesters, they don't likely fear an armed ambush.

More facts about the Dakota Access Pipeline controversy: The Protests Over The Dakota Access Pipeline Explained

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.

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.

Dakota Access Protesters Evicted, Leave Behind Scorched Earth

From Feb 22. Dakota Access Pipeline protesters burn structures as deadline looms

Some protesters have decided to end their time at the camp by burning down structures that were built on the site. From the Associated Press:

Some of the praying protesters said burning the structures — which appeared to include a yurt and a teepee — was part of the ceremony of leaving. As heavy rain turned to snow, some said they expected no trouble during the eviction, despite a heavy law enforcement presence.
“People are being very mindful, trying very hard to stay in prayer, to stay positive,” said Nestor Silva, 37, of California. “I am not aware of any plans for belligerence.”…
Dom Cross, an Oglala Sioux from Pine Ridge, South Dakota, said he planned to return home after living at the camp since September.
“There’s a lot of sadness right now. We have to leave our second home,” he said.

After months of showdowns with police, local law enforcement will finally clear the camp today. Authorities are being gracious to the exiting protesters. There will be buses provided to give them a ride to Bismark, ND. Each protester will be given food, a voucher for one night in a hotel and a bus ticket to take them anywhere in the United States. Fox News reports that authorities are even offering some kind of symbolic arrest aimed at giving the protesters something akin to an honorable way out of the protest. However, anyone who stays past today’s 2pm deadline and refuses the offer will be arrested and charged. One way or another, the camp will be cleared out today.

Once it is empty the work of cleaning up the mess left behind by up to 10,000 protesters will continue. The area where the camp is located is in a flood zone that washes into the local river. There is concern that abandoned cars, garbage and human waste could all wind up in the river if it is not removed before flooding takes place.

Now, that's some real environmentalism there.

Does anyone recall the origin of the standoff at Malheur National Wildlife Refuge? I do.

In 2012, Dwight Lincoln Hammond, Jr., 73, and Steven Dwight Hammond, 46, were both convicted of two counts of arson on federal land, in relation to two fires they set in 2001 and 2006. In a mid-trial settlement agreement, the Hammonds agreed to not appeal the arson convictions in order to have other charges dismissed by the government. The Hammonds were also told the prosecutor would seek the mandatory minimum sentence of five years. Ultimately, Dwight Hammond was sentenced to three months' imprisonment and his son Steven was sentenced to a year and a day's imprisonment, which both men served. However, in 2015, the sentences were vacated by the United States Court of Appeals for the Ninth Circuit, which then remanded re-sentencing. In October 2015, a judge re-sentenced the Hammonds to five years in prison (with credit for time served), ordering that they return to prison on January 4, 2016.

The Hammonds were charged under anti-terrorism laws for starting brush fires on their own land that inadvertently spread into the adjoining wildlife refuge, fires which they put out after a few acres of brush were burned, with no help from the government. The Bundy's seized on this incident as an example of how the Federal Government was oppressing ranchers.

I'll bet none of these protesters will be charged under that law. Instead they get free bus tickets home. None of them were shot to death.

From yesterday's news The Dakota Access Pipeline protest camp is no more

Many of the 200-300 protesters remaining at the Dakota Access Pipeline main camp, known as Oceti Sakowin, packed up and left yesterday. Some chose to burn down shelters they had built over the past several months on their way out. But a few holdouts remained today so police moved in and cleared the camp one final time. From the Seattle Times:

Police moved on the camp Thursday morning in dozens of armored personnel carriers, as a helicopter and fixed-wing airplane circled overhead. Police moved tent to tent and shack to shack with guns drawn, clearing out demonstrators. By 2:09 p.m. Central Time, it was over.
As many as 100 demonstrators were in the camp, according to activists, but authorities estimated 50.

Apparently 39 people were arrested today. Authorities had previously offered anyone who wanted to leave some food, a hotel voucher and a bus pass to anywhere in the country. Total cost of the cleanup of the site is starting at $800,000 though it’s believed that could go as high as $1.2 million by the time everything is done. Meanwhile, environmental groups such as 350.org which supported the protest are vowing to continue the fight. . .

I hear the Indians were getting pretty tired of the filthy hippies.

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. 

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 

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.

Army Corps Renegs on Access Pipeline Decision

Army reverses course on Dakota Access Pipeline… again

Is it January 20th yet? When it comes to the Dakota Access Pipeline and the protests and politics surrounding it, the new administration can’t come fast enough. After finally settling the matter in court, Energy Transfer Partners attempted to move forward with construction only to be continually thwarted by violent protesters who destroyed construction equipment, set fires blocked access to work sites. And now they are once again facing off with the government because the Army Corps of Engineers (ACE) has reversed itself and said that work on the Missouri River crossing can’t proceed without additional “input” from the tribes. Are you kidding me? (NBC News)

The Army Corps of Engineers dealt a blow to the progress of the controversial Dakota Access Pipeline on Monday, saying in a letter that more analysis and discussion with the Standing Rock Sioux tribe is needed before construction can take place under the Missouri River.
The company behind the construction of the Dakota Access Pipeline, Energy Transfer Partners, needs an easement, or permission, from the Corps in order to drill under Lake Oahe — on the Missouri River — to finish the oil pipeline along its proposed route.
Energy Transfer Partners had been waiting on a decision from the Army Corps since September when they launched a review of a requested easement.

With all the studies which have been conducted, all of the court hearings and general drama which has already taken place, what could possibly have caused ACE to throw the train into reverse at this point? Army Corps Assistant Secretary of the Army Jo-Ellen Darcy gave us a rather vague, feel-good sort of answer.

“The Army is mindful of the history of the Great Sioux Nation’s repeated dispossessions, including those to support water-resources projects. This history compels great caution and respect in considering the concerns that the Standing Rock Sioux Tribe has raised regarding the proposed crossing of Lake Oahe north of its reservation.”

Can you imagine this statement with the Malheur ranchers in mind?

This is simply crazy. If there is even a chance that the government will bow to the demands of the protesters, what happens to the tens of millions of dollars that Energy Transfer Partners has already dumped into this endeavor? A pipeline with a huge gap in the middle of it isn’t much use to anyone. The company acted in good faith on the assurance from the government that the project had a green light to move forward. This is essentially a breach of contract on the part of the government and you can just smell the fingerprints of the White House and their “keep it in the ground” friends all over it.

When you reward violence, you get more violence. I hope that the next President will kick some sense into the radicals in the Federal bureaucracy.



Horrible, if true. But, perhaps not surprising for the Obama era.