Radical US ranchers

[TOM4CWB]

Caught a NPR radio show on the issue:
What is making many ranchers very upset... is the Feds implemented Double Jeopardy

The Hammonds served the first sentences of 3 months and 1 year respectively... then according to PBR I listened to on satellite... The feds recharged them with extended sentences from Terrorist legislation that came out of the Oklahoma City Bombing.

The US Feds are after the Hammond ranch... and want to take it away to add to the 200,000ac reserve they now control. Hammonds actually helped set up the nature preserve... in the 70's and 80's... according to the radio report... which was over an hour long.

One of the children are reported as testifying the Grandpa said throw matches out and burn it... which got the Hammond Dad and Son the arson charges in the first place.

The Bundies [from Nevada] are upset because of the apparent federal 'double jeopardy' convictions... and felt this latest take over of the empty fed buildings 30 miles from town... was the best option left to expose the Feds for sinister convictions of the Hammonds... according to a number interviewed... on PBR... all of whom all wanted no violence.

[dmlfarmer]

This is not a case of double jeopardy. There was no second trial for the same crime. The government appealed the original sentence and that appeal was upheld by the 9th circuit court. The Hammonds petitioned the US Supreme Court to on the legality of the government's appeal on two grounds.

The complete court transcript of the presentencing portion of the trial including statements by both the government and the defence as well as the decision by the judge can be found at http://landrights.org/or/Hammond/Transcript%20of%20Judges%20ruling.pdf

and the Hammonds petition to the Supreme Court can be read at:
http://landrights.org/or/Hammond/Hammond-v-United-States-Oregon-Petition-for-Writ-of-Certiorari-Filed-June-17-2013.pdf

[TOM4CWB]

dml

The first judge that sentenced the two ... disagrees with you.

[burnt]

It appears that some believe that a court of law is above reproach in its decision-making process.

There have been quite a few people who would have vehemently disagreed before they got rope burn on their necks...

I provided just a snippet of the story of those involved in getting the Hammonds' sentencing revisited - and there is much, much more to the story.

It appears that there are cases where the whole process has devolved into one stinking, incestuous mess of favor-trading.

What are the chances of the Hammonds success in their appeal to Barack Hussein Obama for clemency since he appointed the "Justice" who was instrumental in their return to prison?

[dmlfarmer]

Do I think the Hammonds should go back to jail - NO!
Do I think the 5 year mandatory minimum is excessive for what the Hammonds did - Absolutely!

However the US law states the is a 5 year MANDATORY minimum for the crime of arson. The first trial judge acknowledged this 5 year minimum sentence and even says in the sentencing transcript that he is not going to apply the mandatory minimum. Page 26/line 3

Furthermore even he predicted an appeal of his sentences would occur when he addressed the government's right to appeal on page 20/line 22.

There was no second trial only an appeal; not double jeopardy. If new information was brought up at the appeal it should have been disallowed. If not, the appeal court judge failed her duties.

Two very important points - for all of you who believe in tougher laws and to lock up and throw away the key justice - there are going to be cases like the Hammonds where justice is totally excessive!

Second, there is absolutely no way Obama or even the government is able to respond to this injustice to the Hammonds as long as the militia is involved. It would appear the government is bowing down to the militia. That won't happen. The longer the militia is involved the worst the case looks and is for the Hammonds.