UPDATED: Land, Liberty And The Federal Occupier (Naturally, Positive Law Understates Natural-Law Violations)

Individual Rights, Law, libertarianism, Media, Natural Law, Private Property, Regulation, Taxation, The State

Other than Fox New, which probably staved off a Waco-style massacre in its vigilant reporting, US presstitutes have been silent about Cliven Bundy’s heroic confrontation with the federal occupier. Before him came the Hage family, another family of great Americans, whose travails were featured on “Fox News Reporting: Enemies of the State.” What inspiring individualists.

Kudos to Canada Press for “shining truth on government ranch invaders,” and thus broadcasting from the rooftops about one of the most monumental confrontations against federal tyranny to have taken place since Edward Snowden and before him:

Coming clearly through the throbbing of helicopters and the roar of the SUVS of the feds harassing the Cliven Bundy Ranch, patriots there for Bundy should “tell it to the judge”.

There is mainstream media-suppressed case history in Nevada the feds are desperately trying to keep under wraps.

Chief Judge Robert C. Jones of the Federal District Court of Nevada smacked down high-handed, abusive feds, sending the pretend cowboys riding roughshod over Western ranchers and property owners back to their cobweb-laced offices in 2013.

In spite of their 200 armed snipers with boy toys in tow, those Stetson-wearing feds hunkering down on Cliven Bundy’s Ranch are nothing more than a bunch of cowardly ‘cobweb cowboys’ doing duty for radical environmentalists.

In the upheaval of Bureau of Land Management bureaucrats caving in fear to the radical environmentalists of the day, the Rule of Law still works in court, and everyone of those feds brandishing weapons knows it down at heart.

“The court case, U.S. v. Hage, has been keenly watched by legal analysts and constitutional scholars—but has been completely ignored by the major media.”
(New American, June 3, 2013)

“As we reported last November (”Judge Blasts Federal Conspiracy; Ranch Family Vindicated — Again!”), in June 2012, Judge Jones had issued a scorching preliminary bench ruling that charged federal officials of the U.S. Forest Service (USFS) and the Bureau of Land Management (BLM) with an ongoing series of illegal actions against Nevada rancher E. Wayne Hage that the judge described as “abhorrent” and a literal, criminal conspiracy.??“Judge Jones said he found that “the government and the agents of the government in that locale, sometime in the ’70s and ’80s, entered into a conspiracy, a literal, intentional conspiracy, to deprive the Hages of not only their permit grazing rights, for whatever reason, but also to deprive them of their vested property rights under the takings clause, and I find that that’s a sufficient basis to hold that there is irreparable harm if I don’t … restrain the government from continuing in that conduct.”

No cowpoke cuss could ever transcend what Judge Jones openly called feds invading ranch land.??“In fact, Judge Jones accused the federal bureaucrats of racketeering under the federal RICO (Racketeer Influenced and Corruption Organizations) statute, and accused them as well of extortion, mail fraud, and fraud, in an effort “to kill the business of Mr. Hage.”

Judge Jones bottom-lined what the government is doing to ranchers and property owners—end of chapter!

He, and likely other federal court black robes, know that the mainstream media goes into overdrive in trying to keep the truth from the masses.

Tragically, Fed-harassed rancher Wayne Hage was vindicated three years after he died. (Capital Press, Dec. 8, 2009).

While no one (mercifully) has died on the Bundy ranch—yet—the stories of Bundy,—-Hage, Wally Klump and others are a disturbing match.

“In a previous court decision, Senior Judge Loren Smith referred to the well-publicized Hage lawsuit as “a drama worthy of a tragic opera with heroic characters.”

“A federal judge has added $150,000 to the original $4.22 million judgment won by the estate of rancher Wayne Hage in a years-long battle over property rights.

“The federal government had asked Senior Judge Loren Smith to throw out the judgment. Instead, he increased it.

“Hage, a leader of the “Sagebrush Rebellion” against federal control of land, was the husband of former Rep. Helen Chenoweth-Hage, R-Idaho. They both died in 2006.

“The order is the most recent victory in a legal dispute that stretches back to 1991, when Hage filed suit against the government for taking his private property without just compensation.

“Hage’s 7,000-acre ranch in Nye County, Nev., bordered several allotments in the Toiyabe National Forest on which he built fences, corrals, water facilities and other rangeland improvements for cattle grazing.

“Tensions began to mount between the rancher and the U.S. Forest Service in the late 1970s, when the agency permitted the introduction of elk to the national forest, resulting in damaged fences and scattered cattle, according to court records.

“Over the next decade, other incidents aggravated the strain and eventually led to the lawsuit.

“According to court documents, the Forest Service excluded Hage’s cattle from forage and water in certain allotments, impounded animals that entered those allotments and prevented him from maintaining ditches needed to exercise his water rights.

“In his legal complaint, Hage claimed the agency had breached its contractual obligations and violated his constitutional rights.

“During the course of litigation, the U.S. Court of Federal Claims decided the Forest Service could legally prohibit grazing on the allotments without compensating Hage, since grazing permits are licenses and not contracts.

“As such, the impoundment of cattle was not an unconstitutional taking because the cattle had trespassed on government land, the court said.

“However, the court ruled that the agency had taken Hage’s water rights, ditch rights-of-way, roads, water facilities and other structures without just compensation and in 2008 ordered the government to pay him $4.22 million.

“The federal government asked the court to change or set aside the financial compensation, alleging there’s no evidence Hage actually built hundreds of miles of fences, trails, ditches and pipelines on the allotments.

“Under the law, Hage would qualify for compensation only if he had built the structures, the government said.

“Because his grazing permits only authorized Hage to maintain the structures, he was not entitled to their full value, the government said.

“The judge disagreed.

“In the context of the grazing permits, “maintenance” included placing or construction, he said in the most recent ruling.

“The government’s argument “cannot be squared with the language of the statute and the reality of range work and construction,” Smith said.

“In adding more than $150,000 to the award, the judge ruled that his previous decision had mistakenly omitted the value of ditches and pipelines taken by the government.” …

READ ON.

UPDATE (4/14): NATURALLY, POSITIVE LAW UNDERSTATES NATURAL-LAW VIOLATIONS. Of course Judge Andrew Napolitao is understating the violation of homesteader Cliven Bundy’s rights by the Bureau of Land Grabs. That’s because the Judge’s analysis is not from natural law, “the body of laws derived from nature and reason,” but from the positive law, which is “statutory man-made law, created through the state.” Still, Nap is better than most:

Napolitano characterized the resistance shown by Bundy supporters as a clear example of how Americans feel, “enough is enough with the federal government, we’re drawing a line in the sand right here – and it drew people from all around the country who basically said ‘quit your heavy handed theft of property and act like you’re a normal litigant and not God almighty’.”

MORE Nap.

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Like Two Pimps In A Pod

Barack Obama, Ethics, Race, Racism

Like two pimps in a pod, the two stood men proudly alongside one another, at the National Action Network convention, prepared to yakety-yak about their pigment burden. The one is President Barack Obama. The other is Rev. Al Sharpton, a notorious sleazemeister, with whom the president has no qualms associating.

That Al Sharpton is accepted in polite company, to say nothing of being considered the nation’s moral arbiter on things racial, is preposterous. “Tawana Brawley anyone? The Crown Heights Riot? The first was a version of the Duke Lacrosse libel, where a black girl, carefully coached by Sharpton, Nifonged a district attorney and some innocent police officers. Sharpton never retracted the rapist and racist epithets he slung at the falsely accused. The last saw Sharpton help incite an anti-Jewish riot, after a rabbi’s motorcade accidentally ran over a black boy. Consequently, a young Jew was lynched by a mob chanting ‘kill the Jew.’ Sharpton, a bent and brutal man with vengeance on his mind, was impenitent.”

UPDATE III: Stand With Homesteader Cliven Bundy! (Temporary Victory)

Individual Rights, Liberty, Private Property, States' Rights

Ukrainians, Crimean, Syrians, Libyans, Israelis, Iraqis, Iranians, on and on: You say you want the support of the American people for your respective fights for freedom. Often you petition the US government for the people’s blood and treasure. How about y’all supporting a true American hero who is battling for real American freedoms? Rally around homesteader Cliven Bundy, “the last remaining rancher in the southern Nevada county.” It goes without saying that authentic Americans should be first to support Bundy.

The Feds want to obliterate a man’s ties to his homesteaded land. If they threaten his life, as they surely will, we may all need to travel to stand with Bundy.

Via The Blaze:

“… The fight began when Bundy stopped paying the Bureau of Land Management’s grazing fees in 1993, arguing in court filings that he had no obligation to pay the agency because his Mormon ancestors had worked the land decades before the agency was formed. Bundy claims he owes roughly $300,000 in back fees, but the federal government says it’s more than that.”

“It’s a freedom issue. It’s not about cows. It’s a state rights issue.”

Armed federal agents deployed last week to northeast Clark County, Nev., for what can only be described as a major escalation in a decades-long standoff between a local cattle rancher and the U.S. government.
Cliven Bundy, right, and Clance Cox, left, stand at the Bundy ranch near Bunkerville Nev. Saturday, April 5, 2014. The U.S. Bureau of Land Management started taking cattle on Saturday from rancher Bundy, who it says has been trespassing on U.S. land without required grazing permits for over 25 years. Bundy doesn’t recognize federal authority on land he insists belongs to Nevada. (AP Photo/Las Vegas Review-Journal, John Locher) AP Photo/Las Vegas Review-Journal, John Locher
(… at the Bundy ranch near Bunkerville, Nev., Saturday, April 5, 2014) The U.S. Bureau of Land Management started taking cattle on Saturday from rancher Bundy, who it says has been trespassing on U.S. land without required grazing permits for over 25 years. Bundy doesn’t recognize federal authority on land he insists belongs to Nevada. (AP)
Cliven Bundy, the last remaining rancher in the southern Nevada county, stands in defiance of a 2013 court order demanding that he remove his cattle from public land managed by the U.S. Department of the Interior’s Bureau of Land Management.
The 67-year-old veteran rancher, who has compared the situation to similar confrontations with government officials in Ruby Ridge and Waco, Texas, told TheBlaze that his family has used land in the 600,000-acre Gold Butte area since the late 1800s.

“I have raised cattle on that land, which is public land for the people of Clark County, all my life. Why I raise cattle there and why I can raise cattle there is because I have preemptive rights,” he said, explaining that among them is the right to forage.”

Dave Bundy Is Tasered by Federal Agent:

UPDATES I:

* The Positive Law: Taylor Grazing Act.

* “Cliven Bundy and Eric Holder’s ‘Rule of Law'” [Neocons: The Law of Rule was the same under Bush.] The author of this article should know that The Blaze = Glenn Beck.

* “Competition for thee, but not for me” By Ann Coulter. Brilliant column whose sentiment is similar to that of “The Titan Is Tired.”

* BLM holsters plan to [STEAL] seized cattle in Utah: “heavy-handed federal intervention … is sanctioned by court orders.” Now there’s a huge surprise. A tripartite tyranny.

* The Bureau of Land Management had erected “First Amendment areas’ in northeastern Clark County.” I guess so that they can shoot anyone who speaks outside the Sacred Circle.

UPDATE II: And we worry about Ukraine, when “we’re pinned down like butterflies by our own tyrants.” “Let’s Fret About Our Own Tyrants.”

UPDATE III (4/11): Temporary Victory. The Tyrant has disbanded, for now. But He’ll be back. Be vigilant, brave folks of Bunkerville, Nevada. And kudos to conservative programs like Sean Hannity’s and Greta Van Susteren’s. They probably prevented the massacre that might have occurred had coverage been up to the black holes that are CNN and MSNBC—they take cover from the news in non-stop non-news stories (such as the missing airplane, one month ago, the bridge in NJ, also ages ago and the Boston bombing last year):

Via ABC:

… today the BLM said it would not enforce a court order to remove the cattle and was pulling out of the area.

“Based on information about conditions on the ground, and in consultation with law enforcement, we have made a decision to conclude the cattle gather because of our serious concern about the safety of employees and members of the public,” BLM Director Neil Kornze said …

… “It’s not about cows, it’s about freedom,” Utah resident Yonna Winget told ABC News affiliate KTNV in Las Vegas, Nevada.

“People are getting tired of the federal government having unlimited power,” Bundy’s wife, Carol Bundy told ABC News.

Differentiating A ‘Racist’ From A Non-Racist Beating

Crime, Criminal Injustice, Race, Racism

In Steven Utash’s battered body and comatose brain, courtesy of a mob of black youths, Detroit law enforcement has discerned different kinds of beatings: Some of the deadly blows are said to be based in racial hatred; other, equally brutal beatings are, apparently, bereft of racial overtones. That’s how ridiculous is the legal species of hate-crimes.

Background Via Fox News:

Two more men, ages 30 and 24, have reportedly been arrested in the brutal beating of Steve Utash, who remains in a coma Tuesday morning. Police are still looking for more suspects, believing 10-12 people attacked Utash. …
A brutal beating on the streets of Detroit has left a 54-year-old father of three fighting for his life. The shocking incident happened last week when Steve Utash, a tree trimmer from Roseville, Mich., struck a 10-year-old boy with his pickup truck.

The scene was captured from a distance on surveillance video, and it appears that a group of youngsters were playing a game of chicken with passing cars, darting into the street and sticking their legs out. When Utash struck one of the children accidentally, he stopped and got out to check on the boy.

A group of older teens, however, attacked Utash, beating him nearly to death. Two teens, ages 16 and 17, have been arrested, but authorities are still looking for more of the attackers.

The 10-year-old boy suffered a broken foot. …

Utash remains hospitalized in a medically-induced coma. Joe Utash described the gut-wrenching scene that the family has had to endure each time doctors try to bring Steve out of the coma.

If you’re a white supremacist caught in the act—no “alleged” or “buts” for you. On the other hand, if you’re a swarthy supremacist, driven by hate for honky or by devotion to a vampiric prophet and his deity—then mitigating circumstances will be cobbled up for you or your gang.

In fact, after learning (via CBS) of the ages of the accomplices of the 16-year-old charged in the beating—30, 24, 19, and 17—I wonder whether the prosecutor is charging only the youngest of them with a hate crime because, as a juvenile, his punishment is guaranteed to be negligible.

Cynical but quite possible.

Via CBS:

The teenager facing the hate crime charge is accused of beating Utash with his fists and feet. The teen’s name is not being released because of his age and the fact that he is being charged as a juvenile. Prosecutors say the teen will remain in custody and appear at the Wayne County Juvenile Detention Center on April 12.