Proposed jury solution to occupation of Malheur facility works for all disputes
On Saturday, January 2, 2016, a ‘militia’ of several dozen men, some from outside the area, took control of the facilities of the Malheur National Wildlife Refuge (run by the US Fish and Wildlife Service (FWS) of the Department of the Interior)—in large (10,000+ sq. miles), sparsely populated (7,422) Harney County, 30 miles SE of Burns, Oregon. The federal property was closed and unstaffed for the holiday weekend.
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. The group demands that the Hammonds be released and the federal government relinquish control of the Malheur National Forest and observe Constitutionally protected rights for states, counties and individuals to manage local lands.
Here is a fairly long alternative-sourced document [Note, I had temporary trouble pulling page (https://www.superstation95.com/index.php/world/723) up for some minutes, but at time of posting (1900 hours) it does appear to be a live link once again.] also furnishing extensive background of the conflict between federal agencies and people in the area whose property rights and liberties, over the course of several decades, have been usurped. The ‘Oregon Live’ online magazine of The Oregonian carries the mainstream media gloss of the event, here is an early report. At the time this column is being posted, ~1900 EST, January 3, the LEOs (law enforcement agencies) are maintaining a low profile, according to MSM sources, and “many agencies are working behind the scenes on a solution.”
[Just in: I did locate at 1803 hours 20160103 a post via Mary McMaster on Facebook sharing a url of the Conservative Treehouse in the Sheriff Mack’s Constitutional Posse Group… that appears to be a solid, thorough alternative sourced news item: http://theconservativetreehouse.com/2016/01/03/full-story-on-whats-going-on-in-oregon-militia-take-over-malheur-national-wildlife-refuge-in-protest-to-hammond-family-persecution/ .]
My Two Cents
In any action of this kind, we first need to be wary of the interference of agent provocateurs who ostensibly support or lead the protest, yet are there under orders of ‘Intelligence’ to cloud any central issues and push larger World Domination agendas.
Second, we need to be aware that all mainstream media is thoroughly controlled by Intelligence and will be serving its propaganda purposes: Right now the image-emotion being cultivated in mass consciousness is: “MILITIA VIOLENTLY TAKE OVER ENVIRONMENTAL HAVEN IN SUPPORT OF RIGHT-WING EXTREMISTS AND ENDANGERMENT OF CHILDREN.”
So everyone be prepared. Also, now, the alternative source of background information and other valuable knowledge that I located earlier, ‘Superstation 95,’ seems to have been blocked by ‘who knows?’. Meaning, the federales are probably ratcheting up serious disinformation and perhaps preparing for a massive military response. All this being stated as a disclaimer, I propose an immediate resolution to secure the people’s liberty as follows:
Dwight and Steven Hammond were obviously processed through the illegal, injustice system giving short shrift to jury authority—both grand jury and petit jury. In other words, the government did not validly make its case:
1) The grand jury was controlled by the government as opposed to being fully independent, empowered, and in charge of the investigation of the Hammonds. Based on a common- sense reading of the pertinent facts, a fully empowered grand jury would not have indicted either of the men. A strong likelihood exists the grand jury was stacked illegally by non- peers under the government’s influence; further it is doubtful that any public record of the grand jury proceeding exists, nor are private recordings permitted.
2) The petit or trial jurors were not informed of their right—indeed, their duty—to judge fact and law. Again from a common-sense reading of the pertinent information and context of their prosecution, a jury of the Hammonds’ peers would certainly have acquitted them. Just as with the grand jury, a strong likelihood the trial jury was stacked illegally by non- peers under the government’s influence; further it is doubtful that any reliable, complete public record of the trial jury proceeding exists, nor are private recordings permitted. Several accounts report the judges at trial and appeal court rulings were abusive, badgering the defendants.
Thus, the key first specific demand of the occupiers needs to be to vacate the verdict and sentence and convene a new grand jury of bona fide peers, who have full cognizance of their authority to investigate and indict or NOT INDICT the Hammonds. Then, in the unlikely event of an indictment, the new trial jury must be composed of bona fide peers—not anyone under federal influence or employment—and the judge must inform jurors of their right to judge fact and law. That they may acquit the Hammonds for any reason consistent with their own consciences. All jury proceedings to be fully recorded by the government, and defendants shall also exercise their absolute rights to public view by recording the proceedings under their own auspices.
Note: The same provisions for the Hammonds need to be made retroactively for all federal (or state) defendants who were denied fair or Constitutional trials because of improperly directed drone grand juries and for any trials where jurors were not informed of their rights. A classic case is the the assault on Doreen Hendrickson, which resulted in a totally corrupt and atrocious sentence of 18 months in federal prison for ‘criminal contempt,’ where the contempt consisted of Doreen refusing to perjure herself on an affidavit.
Once the specific demand is granted, the pressure will be off and violence is unlikely. The Hammonds will be returned to their families as free men with no criminal record, and government restitution for its own gangster behavior toward these men may reasonably be anticipated.
The second key demand that must be satisfied is that the same empowered grand jury and trial jury authority and rights shall be extended to any defendant coming before federal or state jurisdiction. I invite readers to access the Lawless America Website and review Bill Windsor’s outstanding proposals for judicial reform in America and in the states. Government, and in particular judicial branch, corruption is rampant in our country. In the broader essential cause of restoring grand jury independence and authority, please also refer to the book by Kelly Mordecai, The Hidden 4th Branch.
Finally, as a general remedy and grant of demand, the government must stand down in its unconstitutional land grab policies and persistent acts of aggression against farmers, ranchers, loggers, miners, and other private property owners, especially when they are independent and nonprivileged corporate businesses. To facilitate the process of healing, the federal court for that jurisdiction shall empanel a fully empowered grand jury of bona fide peers to investigate and bring indictments of federal officials and associated conspirators for violations of First Principle rights of landowners over the past several decades.
Provision shall be made for adequate compensation of all jurors (ballpark suggestion: four times minimum wage) in this multimonth grand jury proceeding, and the grand jury shall have access to independent counsel of its own choosing. The authority of this special grand jury shall supersede that of all officers of the court and federal public officials.
Once the above specific and general demands are met .AND. special provisions are made for monitoring and arresting federal judicial corruption henceforth .AND. representatives in Congress consider and write measures to divest the federal government of all its land holdings to public-private voluntary cooperatives or to individuals, THEN the reasonable terms of the occupiers will have been met and they can end the occupation of the Malheur Refuge, with no charges filed.
Subsequently, it will be presumed the Malheur National Wildlife Refuge shall be transferred to public-private cooperative hands or otherwise reverted to local control according to the wishes of the occupants of the county.
Note: Pete Hendrickson has composed a draft for a ’28th Amendment,’ which will surely jibe with those of us seeking resurrection of the grand jury to its intended function of ‘watching and eliminating the foxes who prey on the henhouse.’ Check out his inspirational and informative document here: http://www.losthorizons.com/WatchingTheWatchmen.htm.
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