Seems a little like a pressure cooker situation out there. I can understand the displeasure toward the DOJ after giving them the plea deal and going back on it.
I don't think anyone is handling that situation well. I haven't heard the government's side, but it does seem over the top.
Setting fires on public land for ANY reason (even to prevent wildfires from spreading) is fraught with peril from a legal perspective. That said, I hope these guys win out. Its the same sort of moxie that the Sons of Liberty displayed against the high handedness of the British some 240 years ago...
The DOJ giving them a plea deal and going back on it because someone later doesn't think it's harsh enough and getting the 9th circuit court to put them back in jail for the same crime is total bullshit. At most they should have to pay back damages since it wasn't intentional
Yes, but my understanding is that they got approval to do the first incident (2001), and the second incident was less than 50 acres from a backfire to prevent the natural fire already burning from burning into the private land. Also, the invasive species problem in the intermountain northwest is out of control and fire is the only practical way to deal with it. It's out of control in large part because of the cattle, but that's not really here nor there at this juncture in time.
What damages? I could see them being held responsible for whatever cost to get the public land fires under control, but there is no real "damage." It's a fire-adapted landscape that desperately needs MORE fire. Why doesn't double jeopardy protect them, or do I misunderstand how double jeopardy works? Why isn't this being elevated to a higher court? All that being said, "occupying" the refuge offices is not going to help anyone. It just makes this worse.
I agree staying there long term makes it worse but the short term occupation did bring media attention that otherwise wouldn't have happen. I agree that the payment should be small but if they're going to punish them it should be in that direction. Plus this shows just how bullshit minimum sentencing is in our legal system
Doesn't help that the government leases it under market value plus with proper management cattle would be an asset to the soil and land.
Whole heartedly agree. But if you talk about leasing it at market value or decreasing the amount of cattle run, these same people complain about the government overstepping and being a bully. BLM land is a pickle. I don't think the Americans utilizing it have the bigger picture/timescale in mind. It's partly an education issue. But these fire issues look wrong from a management perspective as well. The fires are necessary.
Most likely it's under stocked with cattle but over grazed by continuous grazing. High density mob grazing with rotational grazing would increase soil health and biodiversity.
The prosecutor from the case has filled in a gap missing from many of the news blurbs: apparently there are several witnesses that testified that the Hammonds had illegally shot 7 deer (in one outing, from the sound of it) on public land, and set the fire to cover the evidence. They ended up being charged with secondary arson as part of a deal, but apparently it wasn't setting the fire itself that was the reason for the trial, but rather the poaching and destruction of evidence, as well as endangering the lives of the firefighters who responded. Just sharing what was said.
I'd heard that was alleged before on their first fire but wasn't on the second one which lead to the plea deal.
I think I read that same piece. It made the Hammonds sound like scum, but that hardly erases the incorrect sentence being handed down.
Regardless of whether you sympathize or agree with them, they are apparently idiots: http://i100.independent.co.uk/artic...-out-plea-for-snacks-and-supplies--ZJglh9sRjx A "long-term" occupation, for "as long as it takes..." Without provisions?
I think the right course of action is being taken by the BLM and feds in general. Just let them have their little moment. It isn't hurting anything. Let them squat as long as they'd like until they're ready to face the music so long as they aren't damaging the building or reserve.
