More Bundy Gang arrests

March 4, 2016

Several perpetrators of the armed assault on federal agents of the Bureau of Land Management in Nevada, April 2014, have been arrested in several states under a formerly sealed indictment handed down by a grand jury in Nevada.

In particular, Eric Parker of Idaho, the man who brazenly prepared to murder BLM cowboys, is in custody and charged with criminal activity.

Would-be sniper Eric Parker of Idaho was arrested on federal charges on March 3, and is being held in custody in Idaho. He is the man pictured here on a road overpass, taking aim at BLM workers and other federal employees and law enforcement officials. (Photo by Jim Urquhart/Reuters)

Would-be sniper Eric Parker of Idaho was arrested on federal charges on March 3, and is being held in custody in Idaho. He is the man pictured here on a road overpass, taking aim at BLM workers and other federal employees and law enforcement officials. (Photo by Jim Urquhart/Reuters)

Sometimes the gears of justice work slower than we wish, slower than anticipated. But on the whole, this is a good day for justice. The accused get several days in court to make their case that their actions were justified.

Press release from the Federal Bureau of Investigation (FBI):

Department of Justice

Office of Public Affairs


FOR IMMEDIATE RELEASE

Thursday, March 3, 2016

Fourteen Additional Defendants Charged for Felony Crimes Related to 2014 Standoff in Nevada

The Justice Department announced today that a federal grand jury in Nevada has charged 14 additional defendants in connection with the armed assault against federal law enforcement officers that occurred in the Bunkerville, Nevada, area on April 12, 2014.

“The Department of Justice is committed to protecting the American people and defending the rule of law,” said Attorney General Loretta E. Lynch.  “Today’s actions make clear that we will not tolerate the use of threats or force against federal agents who are doing their jobs.  We will continue to protect public land on behalf of the American people, uphold federal law, and ensure that those who employ violence to express their grievances with the government will be apprehended and held accountable for their crimes.”

“Our democracy provides lawful ways individuals can respond if they disagree with their government, but if you resort to violence or threats, you will be held accountable under the law,” said FBI Director James B. Comey.

A superseding criminal indictment was returned by the grand jury on March 2 and now charges a total of 19 defendants.  The 14 new defendants are Melvin D. Bundy, 41, of Round Mountain, Nevada; David H. Bundy, 39, of Delta, Utah; Brian D. Cavalier, 44, of Bunkerville; Blaine Cooper, 36, of Humboldt, Arizona; Gerald A. DeLemus, 61, of Rochester, New Hampshire; Eric J. Parker, 32, of Hailey, Idaho; O. Scott Drexler, 44, of Challis, Idaho; Richard R. Lovelien, 52, of Westville, Oklahoma; Steven A. Stewart, 36, of Hailey; Todd C. Engel, 48, of Boundary County, Idaho; Gregory P. Burleson, 52, of Phoenix; Joseph D. O’Shaughnessy, 43, of Cottonwood, Arizona; and Micah L. McGuire, 31, and Jason D. Woods, 30, both of Chandler, Arizona.

The newly-added defendants are each charged with one count of conspiracy to commit an offense against the United States and conspiracy to impede or injure a federal officer, and at least one count of using and carrying a firearm in relation to a crime of violence, assault on a federal officer, threatening a federal law enforcement officer, obstruction of the due administration of justice, interference with interstate commerce by extortion and interstate travel in aid of extortion.  The indictment also alleges five counts of criminal forfeiture which upon conviction would require forfeiture of property derived from the proceeds of the crimes totaling at least $3 million, as well as the firearms and ammunition possessed and used on April 12, 2014.

Twelve defendants were arrested earlier today.  Two defendants, Cavalier and Cooper, were already in federal custody in the District of Oregon.

Charges against the original five defendants, Cliven D. Bundy, 69, of Bunkerville; Ryan C. Bundy, 43, of Mesquite, Nevada; Ammon E. Bundy, 40, of Emmet, Idaho; Ryan W. Payne, 32, of Anaconda, Montana; and Peter T. Santilli Jr., 50, of Cincinnati, remain the same.

The superseding indictment alleges that the charges result from a massive armed assault against federal law enforcement officers that occurred in and around Bunkerville on April 12, 2014.  The defendants are alleged to have planned, organized and led the assault in order to extort the officers into abandoning approximately 400 head of cattle that were in their lawful care and custody.  In addition to conspiring among themselves to plan and execute these crimes, the defendants recruited, organized and led hundreds of other followers in using armed force against law enforcement officers in order to thwart the seizure and removal of Cliven Bundy’s cattle from federal public lands.  Bundy had trespassed on the public lands for over 20 years, refusing to obtain the legally-required permits or pay the required fees to keep and graze his cattle on the land.

The superseding indictment charges that Cliven Bundy was the leader, organizer and chief beneficiary of the conspiracy, and possessed ultimate authority over the conspiratorial operations and received the economic benefits of the extortion.  The remaining defendants are charged as leaders and organizers who conspired with Bundy to achieve his criminal objectives.

If convicted, the maximum penalties for the charges are: five years and a $250,000 fine for conspiracy to commit an offense against the United States; six years and a $250,000 fine for conspiracy to impede and injure a federal law enforcement officer; 20 years and a $250,000 fine for assault on a federal law enforcement officer; 10 years and a $250,000 fine for threatening a federal law enforcement officer; 10 years and a $250,000 fine for obstruction of the due administration of justice; 20 years and a $250,000 fine for interference with interstate commerce by extortion; and 20 years and a $250,000 fine for interstate travel in aid of extortion.  The use and carry of a firearm in relation to a crime of violence charge carries a five year mandatory minimum to be served consecutively.

The public is reminded that an indictment contains only charges and is not evidence of guilt.  The defendants are presumed innocent and entitled to a fair trial at which the government has the burden of proving guilt beyond a reasonable doubt.

The case is being investigated by the FBI and the Bureau of Land Management.  It is being prosecuted by Assistant U.S. Attorneys Steven W. Myhre and Nicholas D. Dickinson and Special Assistant U.S. Attorneys Nadia J. Ahmed and Erin M. Creegan of the District of Nevada.

Bundy Superseding Indictment


16-251

Office of the Attorney General
USAO – Nevada

Updated March 3, 2016

Will these arrests deter other would-be domestic terrorists? We can hope.

Will the arrests fuel the ugly hatred driving the campaign of Donald Trump? Probably.

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Top 15 places to stargaze in California’s BLM lands

June 16, 2015

I’m stealing this wholesale from the Tumblr site of the U.S. Department of Interior, America’s Great Outdoors.

The site features great Bureau of Land Management (BLM) sites often, and this week will highlight places on BLM lands in California that are great for stargazing.  They call it a “social media takeover” of the feed by California BLM.

How good is the star watching? Look at these photographs.  (I’ve added a few comments of my own.)

Piper Mountains Wilderness, California, by Bob Wick

Piper Mountains Wilderness, California, by Bob Wick

Another great place to see the Milky Way.

King Range National Conservation Area, California, by Bob Wick

King Range National Conservation Area, California, by Bob Wick

These photos are stunning. These .gifs also demonstrate how the atmosphere really is a fluid, flowing over mountains — “the curvaceous hills of California,” the Rev. Dr. Martin Luther King, Jr., called them in a travelogue he delivered from the Lincoln Memorial in 1963.  Teachers, not just great geography illustrations, but also illustrations for environmental science and physics.

Amargosa Wild and Scenic River, California, by Bob Wick

Amargosa Wild and Scenic River, California, by Bob Wick

 

San Gorgonio Wilderness, California, by Dan Maus

San Gorgonio Wilderness, California, by Dan Maus

 

Slinkard Wilderness, California, by Bob Wick

Slinkard Wilderness, California, by Bob Wick

Slinkard Wilderness? I admit I do not know of some of these places.  I’m willing to learn, first hand . . .

Kingston Range Wilderness, BLM California, by Bob Wick, BLM

Kingston Range Wilderness, BLM California, by Bob Wick, BLM

 

California Coastal National Monument, California, by Bob Wick

California Coastal National Monument, California, by Bob Wick

California Coastal National Monument reminds me that Republicans in Congress push a proposal to prevent future presidents from protecting such lands with National Monument designation under the Antiquities Act. Critics say these BLM lands are not special enough to merit protection.

Do the photos say otherwise?

North Maricopa Wilderness, California, by Bob Wick

North Maricopa Wilderness, California, by Bob Wick

 

Cadiz Dunes Wilderness, California, by Bob Wick

Cadiz Dunes Wilderness, California, by Bob Wick

 

Point Arena-Stornetta in California Coastal National Monument, California, by Bob Wick

Point Arena-Stornetta in California Coastal National Monument, California, by Bob Wick

 

A printer-friendly, and search engine-friendly list of the sites above, if you’re putting them into your GPS or search feature to plan your vacation:

mypubliclands:

June #conservationlands15 Social Media Takeover: Top 15 Places to Stargaze on the #mypubliclandsroadtrip in BLM California

1. Amargosa Wild and Scenic River
2. Cadiz Dunes Wilderness
3. California Coastal National Monument
4. Carrizo Plain National Monument
5. Fort Ord National Monument
6. Kingston Range Wilderness
7. Little Black Sands Beach in King Range National Conservation Area
8. Lost Coast Trail at King Range National Conservation Area
9. North Maricopa Wilderness
10. Piedras Blancas Light Station Outstanding Natural Area
11. Piper Mountains Wilderness
12. Point Arena-Stornetta in California Coastal National Monument
13. San Gorgonio Wilderness
14. Slinkard Wilderness
15. Whipple Mountains Wilderness

Thanks for following the June #conservationlands15 features on My Public Lands Tumblr, and our takeover of americasgreatoutdoors Instagram account (https://instagram.com/usinterior/). Stay tuned all week as the #mypubliclandsroadtrip visits these top 15 California spots for stargazing and much more.

Bob Wick and Dan Maus may have the best jobs in U.S. government service, judging by their photos.  Nice of them to share.

What do your shots from those places look like?  Show us in comments, maybe?


Free land! May 20, 1862, the Homestead Act remade America

May 20, 2014

A family off to find and settle their homestead, 1886. Photo from the National Archives

A family off to find and settle their homestead, 1886. Photo from the National Archives

History and demographics of the United States were forever changed when the Homestead Act became law early in the administration of President Abraham Lincoln, on May 20, 1862.

With Congress paralyzed and unable to act to do even minor good things now, it’s astonishing to think how the Congress of 1862 could do so much to open the American west, in the middle of the American Civil War.  Perhaps Congress was able to act because legislators from the South were absent, and did not oppose progress.

In any case, the Homestead Act encouraged Americans who lacked property to strike out for the western territories and states, to make a new life, to found new towns, cities and farms, and fulfill what some call the nation’s “manifest destiny.”

The bill that became the Homestead Act, H.R. 125, in the 37th Congress, 1862. Image from the U.S. National Archives

The bill that became the Homestead Act, H.R. 125, in the 37th Congress, 1862. Image from the U.S. National Archives

Here’s the history from the National Archives:

The notion that the United States government should give free land titles to settlers to encourage westward expansion became popular in the 1850s. During that time the U.S. House of Representatives passed numerous homestead bills but southern opposition in the Senate prevented enactment. In 1860, during the 36th Congress, the Senate narrowly passed a homestead act but President James Buchanan vetoed it and the Senate failed its override attempt.

When the 37th Congress convened for its brief summer session in 1861, now without members from seceded states, it was preoccupied with Civil War-related legislation. The House took up briefly the homestead issue in December but postponed further consideration of it until the following February. The House finally passed the Homestead Act on February 28, 1862 by the large margin of 107 to 16. The act worked its way through the Senate until May 6, 1862 when it passed easily by a vote of 33 to 7. After a few minor changes in conference committee—which both houses agreed to without controversy—Congress sent the final legislation to President Abraham Lincoln who signed the act into law on May 20, 1862.

The Homestead Act encouraged western migration by providing settlers with 160 acres of land in exchange for a nominal filing fee. Among its provisions was a five-year requirement of continuous residence before receiving the title to the land and the settlers had to be, or in the process of becoming, U.S. citizens. Through 1986, when the last claim was made in Alaska, the Homestead Act distributed 270 million acres of land in the United States making it arguably one of the most far-reaching pieces of legislation in American history.

More:

Much of this post has appeared at Millard Fillmore’s Bathtub before; the Homestead Act deserves commemoration.


Moon and Mobius Arch, Alabama Hills, California

May 18, 2014

U.S. Department of Interior, Twitter feed: Beautiful view of the moon over Mabius Arch in the Alabama Hills Recreation Area. #California @BLMca pic.twitter.com/u0KYyJ6p0S

U.S. Department of Interior, Twitter feed: Beautiful view of the Moon over Mabius Mobius Arch in the Alabama Hills Recreation Area. #California @BLMca pic.twitter.com/u0KYyJ6p0S

Interesting points, reasons to like this image:

  1. No, that’s not the Sun.  It’s the Moon.
  2. Who knew California had natural arches?  I mean, it makes sense — but there’s one in Virginia, and a bunch of them at Arches National Park, and . . .
  3. An arch that should be in Utah, in the Alabama Hills, but not in Alabama, in California.
  4. Stars!
  5. Great photograph, obviously a long exposure.  Let’s see if we can find the name of the photographer.  Pox on Interior for failing to fit that into the caption. Photographer is Steve Perry, and you should check out his site (and buy some photos!). (Thanks, J. A. Higginbotham, for tracking that down.)
  6. America’s public lands, showing how they are unexcelled at astonishing us.
  7. What? Interior called the “Mabius Arch?” No, it’s the Mobius Arch!
  8. This place was named after the Confederate warship C.S.S. Alabama. Sympathetic miners making claims on minerals, it appears. “The unusual name Alabama Hills came about during the Civil War. In 1864 Southern sympathizers in Lone Pine discovered gold ‘in them thar hills.’ When they heard that a Confederate cruiser named the Alabama had burned, sunk or captured more than 60 Federal ships in less than two years they named their mining claims after the cruiser to celebrate. Before long the name applied to the whole area. Coincidentally, while Southerners were prospecting around Lone Pine, there were Union sympathizers 15 miles north near Independence. And when the Alabama was sunk off the coast of France by the U.S.S. Kearsarge in 1864, the Independence people struck back. They not only named their mining claims ‘Kearsarge’ but a mountain peak, a mountain pass, and a whole town as well.”
  9. More than 400 movies were shot using Alabama Hills for a backdrop, including How the West Was Won, Gunga Din (standing in for the hills of northern India) and the 1960 Audie Murphy classic, Hell Bent for Leather.
  10. Geologists will love that this area is a prime example of chemical erosion — rocks made out of the same stuff as the craggy Sierra Nevada Mountains in the distance, but eroded differently.
  11. Lichens by moonlight!  (Or is that just desert varnish?)

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Quote goof of the moment: Tom Paine didn’t say that; Edward Abbey did.

May 7, 2014

Oy.  You’d hope that the Rabid Right would learn after a few dozen of these errors that they should try to verify stuff before they claim events of history, or sayings of famous people are gospel — especially stuff involving our patriotic founders.

But, no.

Sometimes their failure to check sources can produce amusement, though, like this one which they misattribute to Tom Paine in propaganda supporting rent scofflaw Cliven Bundy and other land management issues:

Tome Paine didn't say that. Ed Abbey did.

Tome Paine didn’t say that. Ed Abbey did.

“The duty of a patriot is to protect his country from its government.”

Someone mildly familiar with Tom Paine and his life and other writings might suspect the supposed attribution from the start.  Paine was a great advocate of governments to protect the rights of citizens, especially citizens like him, who were often on the outs with popular opinion and avoided the Guillotine in France and mob violence in the U.S. only through interventions of government officials who told mobs the law did not cotton their wishes to see violence on Mr. Paine.

Wikiquote notes Paine didn’t say it.  A simple check would have found that.

But other sites claim it was written by Edward Abbey, the author of Desert Solitaire and The Monkeywrench Gang.

“A patriot must always be ready to defend his country against his government.”

— Edward Abbey, A Voice Crying in the Wilderness (Vox Clamantis en Deserto) : Notes from a Secret Journal (1990) ISBN 0312064888

Why is that delicious?

The quote — the image above, for example — is being used by pro-militia groups who have defended Cliven Bundy’s trespassing on public lands in Nevada, and by Texans who, upset that they don’t have such a good target as massive Bureau of Land Management (BLM) holdings in Texas, have ginned up a faux controversy, claiming falsely that BLM is seeking to seize lands in Texas.

Edward Abbey?  He didn’t much like BLM, and he was particularly ticked off at the Bureau of Reclamation and the imposition of Glen Canyon Dam on the Colorado River with the drowning of Glen Canyon.  Abbey’s disdain of federal land managers and grand dam schemes may have been exceeded only by his contempt for developers, miners and ranchers who took advantage of the desert for profit.

Would Abbey have supported Bundy’s overgrazing on public lands, or Texas Republicans scrambling to make a false issue to mismanage lands?  Oy.  Oy.  And oy.

See this brilliant poster at Americans Who Tell The Truth:

From Americans who Tell the Truth, Edward Abbey.

From Americans who Tell the Truth, Edward Abbey. Writer, ‘Desert Anarchist’ : 1927 – 1989 “The most common form of terrorism in the U.S.A. is that carried on by bulldozers and chainsaws. It is not enough to understand the natural world; the point is to defend and preserve it. Sentiment without action is the ruin of the soul.”

Wall of Fame (people and sites who got the cite right):

Wall of Shame (people and sites who got the cite wrong):


BLM’s statement on Red River management

April 23, 2014

You may have missed the press statement the U.S. Bureau of Land Management issued yesterday, in response to press requests following the release of a letter from Texas Attorney General Greg Abbott.  Here it is.

On the Record

The BLM is categorically not expanding Federal holdings along the Red River.  The 140-acres in question were determined to be public land in 1986 when the U.S. District Court ruled on a case brought by two private landowners, each seeking to adjust boundary lines for their respective properties.  The BLM was not party to any litigation between the landowners.  The 140-acres were at no time held in private ownership.

On Background

During Westward expansion of the country, Texas and Oklahoma disputed their state line, particularly in relationship to where it fell on the Red River.  Once oil and gas was discovered, the dispute was elevated.

In 1923, the Supreme Court made a final determination on the State line and also clarified ownership by private landowners on each side of the river.  Subsequently in 1981 and 1984, Texas and Oklahoma landowners challenged this finding in U.S. District Court as it related to their private property and the changing course of the river.  In both cases, the District Court echoed the Supreme Court determination regarding private boundaries, ruling that the Oklahoma private landowner held property to the center of the river while the Texas landowner’s boundary stopped at the ordinary high water mark.  In 1986, the U.S. District Court established that the 140-acres are public lands.

The BLM is currently in the initial stages of developing options for management of public lands in an area that includes the Red River.  This is a transparent process with several opportunities for public input.

This issue has moved mostly underground, on radical right-wing on-line media, and Facebook and Twitter.

FYI.


Insta-Millard: Nevada’s Constitution doesn’t favor Cliven Bundy

April 15, 2014

It’s a relic of the Civil War and Congress’s intention to strengthen the Union when Nevada became a state in 1864, but there it is, in Section 2 of the Nevada Constitution, making a mockery of Cliven Bundy’s claim to owe allegiance to Nevada and its Constitution, but not to the U.S.:

Sec: 2.  Purpose of government; paramount allegiance to United States.  All political power is inherent in the people[.] Government is instituted for the protection, security and benefit of the people; and they have the right to alter or reform the same whenever the public good may require it. But the Paramount Allegiance of every citizen is due to the Federal Government in the exercise of all its Constitutional powers as the same have been or may be defined by the Supreme Court of the United States; and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith or perform any act tending to impair[,] subvert, or resist the Supreme Authority of the government of the United States. The Constitution of the United States confers full power on the Federal Government to maintain and Perpetuate its existance [existence], and whensoever any portion of the States, or people thereof attempt to secede from the Federal Union, or forcibly resist the Execution of its laws, the Federal Government may, by warrant of the Constitution, employ armed force in compelling obedience to its Authority.

Sheesh!

Here’s the essay quiz, students:  The standoff between the Bureau of Land Management cowboys — each of whom swore an oath to uphold and defend the Constitution of the U.S., in contrast to Mr. Bundy who claims to owe no allegiance to the U.S. — and the armed mob who threatened to kill those same employees of our U.S. government:  Did Nevadans  (or Idahoans) violate any part of Section 2 of the Nevada Constitution?  Which clauses?

I used to say “the Sagebrush Rebellion is over; sagebrush won.”  Even the sagebrush are losing this one.

From The Atlantic:  Eric Parker, who lives in central Idaho, aims his weapon from a bridge as protesters gather by the Bureau of Land Management's base camp in Bunkerville, Nevada. (Jim Urquhart/Reuters)

From The Atlantic: Eric Parker, who lives in central Idaho, aims his weapon from a bridge as protesters gather by the Bureau of Land Management’s base camp in Bunkerville, Nevada. (Jim Urquhart/Reuters)  (See also Article III, Section 3 of the U.S. Constitution, with regard to Mr. Parker’s actions here.)

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