2aguy
Diamond Member
- Jul 19, 2014
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I heard about this article on the Dan and Amy show this morning…..the federal government has attacked these 2 ranchers without real cause……..whatever the response of the guys taking over empty government buildings…these 2 ranchers have actually been wronged…
The Case for Civil Disobedience in Oregon, by David French, National Review
The prosecution of the Hammonds revolved mainly around two burns, one in 2001 and another in 2006. The government alleged that the first was ignited to cover up evidence of poaching and placed a teenager in danger. The Hammonds claimed that they started it to clear an invasive species, as is their legal right. Whatever its intent, the fire spread from the Hammonds’ property and ultimately ignited 139 acres of public land. But the trial judge found that the teenager’s testimony was tainted by age and bias and that the fire had merely damaged “juniper trees and sagebrush” — damage that “might” total $100 in value.
The other burn was trifling. Here’s how the Ninth Circuit described it: In August 2006, a lightning storm kindled several fires near where the Hammonds grew their winter feed. Steven responded by attempting back burns near the boundary of his land. Although a burn ban was in effect, Steven did not seek a waiver.
His fires burned about an acre of public land. In 2010 — almost nine years after the 2001 burn — the government filed a 19-count indictment against the Hammonds that included charges under the Federal Anti-terrorism and Effective Death Penalty Act, which mandates a five-year prison term for anyone who “maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States.”
At trial, the jury found the Hammonds guilty of maliciously setting fire to public property worth less than $1,000, acquitted them of other charges, and deadlocked on the government’s conspiracy claims. While the jury continued to deliberate, the Hammonds and the prosecution reached a plea agreement in which the Hammonds agreed to waive their appeal rights and accept the jury’s verdict.
It was their understanding that the plea agreement would end the case. At sentencing, the trial court refused to apply the mandatory-minimum sentence, holding that five years in prison would be “grossly disproportionate to the severity of the offenses” and that the Hammonds’ fires “could not have been conduct intended [to be covered] under” the Anti-terrorism act: When you say, you know, what if you burn sagebrush in the suburbs of Los Angeles where there are houses up those ravines? Might apply.
Out in the wilderness here, I don’t think that’s what the Congress intended. And in addition, it just would not be — would not meet any idea I have of justice, proportionality. . . . It would be a sentence which would shock the conscience to me. Thus, he found that the mandatory-minimum sentence would — under the facts of this case — violate the Eighth Amendment’s prohibition against “cruel and unusual punishment.” He sentenced Steven Hammond to two concurrent prison terms of twelve months and one day and Dwight Hammond to one prison term of three months. The Hammonds served their sentences without incident or controversy.
Read more at: The Case for Civil Disobedience in Oregon, by David French, National Review
The Case for Civil Disobedience in Oregon, by David French, National Review
The prosecution of the Hammonds revolved mainly around two burns, one in 2001 and another in 2006. The government alleged that the first was ignited to cover up evidence of poaching and placed a teenager in danger. The Hammonds claimed that they started it to clear an invasive species, as is their legal right. Whatever its intent, the fire spread from the Hammonds’ property and ultimately ignited 139 acres of public land. But the trial judge found that the teenager’s testimony was tainted by age and bias and that the fire had merely damaged “juniper trees and sagebrush” — damage that “might” total $100 in value.
The other burn was trifling. Here’s how the Ninth Circuit described it: In August 2006, a lightning storm kindled several fires near where the Hammonds grew their winter feed. Steven responded by attempting back burns near the boundary of his land. Although a burn ban was in effect, Steven did not seek a waiver.
His fires burned about an acre of public land. In 2010 — almost nine years after the 2001 burn — the government filed a 19-count indictment against the Hammonds that included charges under the Federal Anti-terrorism and Effective Death Penalty Act, which mandates a five-year prison term for anyone who “maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States.”
At trial, the jury found the Hammonds guilty of maliciously setting fire to public property worth less than $1,000, acquitted them of other charges, and deadlocked on the government’s conspiracy claims. While the jury continued to deliberate, the Hammonds and the prosecution reached a plea agreement in which the Hammonds agreed to waive their appeal rights and accept the jury’s verdict.
It was their understanding that the plea agreement would end the case. At sentencing, the trial court refused to apply the mandatory-minimum sentence, holding that five years in prison would be “grossly disproportionate to the severity of the offenses” and that the Hammonds’ fires “could not have been conduct intended [to be covered] under” the Anti-terrorism act: When you say, you know, what if you burn sagebrush in the suburbs of Los Angeles where there are houses up those ravines? Might apply.
Out in the wilderness here, I don’t think that’s what the Congress intended. And in addition, it just would not be — would not meet any idea I have of justice, proportionality. . . . It would be a sentence which would shock the conscience to me. Thus, he found that the mandatory-minimum sentence would — under the facts of this case — violate the Eighth Amendment’s prohibition against “cruel and unusual punishment.” He sentenced Steven Hammond to two concurrent prison terms of twelve months and one day and Dwight Hammond to one prison term of three months. The Hammonds served their sentences without incident or controversy.
Read more at: The Case for Civil Disobedience in Oregon, by David French, National Review
