Editorial: BLM should fight wild horse suit this time, by Thomas Mitchell

The usual suspects are at it again, filing a federal lawsuit in the U.S. District Court for the District of Columbia demanding the court halt a plan by the Bureau of Land Management to remove all the feral horses in a 40-mile radius around Caliente.

The American Wild Horse Campaign, Western Watershed Project, The Cloud Foundation and a Beatty outdoor enthusiast are suing the BLM, saying it failed to adequately document and support its roundup decision, though what would ever be adequate for them is difficult to say.

Some of the same plaintiffs brought a similar lawsuit in 2011 over a planned removal of wild horses from Jakes Wash west of Ely, but the suit was mooted when the BLM backed down rather fight the matter.

In 2009 there were only 270 wild horses in the 900,000-acre Caliente area, but a year ago there were more than 1,700, a number the BLM deems unsustainable.

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Thomas Mitchell – Free speech includes the right to be silent

The right to free speech includes the right to not be compelled to speak.

That includes not being required to pay dues to a union whose political view might be different from yours, not being required to advertise abortion availability at your faith-based pregnancy counseling service, not being required to use your cake baking talent to create a special cake or your flowing arranging expertise for a gay wedding.

All of these have come down from a closely divided U.S. Supreme Court in a matter of days.

Today the court ruled that public employees could not to be forced to pay dues to unions with which they might not agree. Justice Samuel Alito writes in the 5-4 opinion:

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Thomas Mitchell: Judicial bias depends on the party involved

Bias, like beauty, is in the eye of the beholder.

Earlier this year a three-judge panel of the San Francisco-based 9th U.S. Circuit Court of Appeals overturned a decision by Reno federal Judge Robert Clive Jones involving water rights in the Walker River Basin and ordered him removed from the case, saying he was biased against the federal government’s attorneys.

“We reluctantly conclude that reassignment is appropriate here because we believe (1) that Judge Jones would have substantial difficulty putting out of his mind previously expressed views about the federal government and its attorneys, and (2) that reassignment will preserve the appearance of justice,” wrote Judge A. Wallace Tashima, noting that in two previous cases the 9th Circuit had said Jones “harbored animus toward the federal agencies” and that “the judge’s bias and prejudgment are a matter of public record …”

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Redoubt News Wins 1st Amendment Battle

The rights of all are being challenged by someone that has publicly stated that he fights FOR these very rights.

We acted in good faith. Several people were attacked during this conflict. Redoubt News will always stand behind our journalists and affiliates in this battle. We will never sit back and allow their integrity to be put into question over unfounded accusations.

****** Editors Comment ********* As many are aware, It Matters How You Stand & Doug Knowles were impacted by this as well. Doug Knowles had his Personal Account deactivated by these False copyright infringement claims.  thanks to Shari Dovale and Redoubt News for taking the effort and spending the Money to fight this Fraud. Watch for our next article that will exp0lain how Facebook Tracks us and what you can do about it.

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Editorial Thomas Mitchell : Trump administration settles suit over habitat rules

The Trump administration has settled a lawsuit filed by Nevada and 19 other states over Obama administration rules that sweepingly redefined what constituted critical habitat for endangered species and has agreed to rewrite those rules.

The suit, filed in November 2016 against various federal land agencies, accused the federal bureaucrats of essentially rewriting the Endangered Species Act of 1973 (ESA) to give themselves potential veto power over any use whatsoever on every square foot of rural land, public or private, in the country.

Though the ESA gives the U.S. Fish and Wildlife Service authority to protect “critical habitat” occupied by endangered or threatened species, the rewritten rules redefined “critical habitat” to include land currently unoccupied by those species but just might someday, in some way, somehow — as a result of global warming or a meteor strike, perhaps — later become “critical habitat.”

Those rules gave federal agents the power to block or alter any activity — grazing, farming, buildings, mining, recreation, roads, fences, pipelines, ditches, power lines, irrigation, oil and gas exploration — that might somehow adversely affect a potential habitat for certain protected rodents, minnows, bugs, birds, reptiles, beasts and weeds.

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Column Thomas Mitchell: Neighbors hope Little Ash Springs remains closed

There are two sides to every story.

Four years ago the Bureau of Land Management locked the gate to Little Ash Springs north of Alamo for what was described as a couple of weeks due to a crumbling wall on a manmade pool. It remains closed.

Recently, the Secretary of the Interior Ryan Zinke told the Las Vegas newspaper, “This is exactly why the federal government needs to clean up our act. I’m not in the business of locking the public out.”

He added, “We need to work with local communities and be better neighbors …”

Speaking of neighbors, Joe and Andrea Barker own the 13-acre tract adjacent to and downstream from the 1-acre BLM-controlled Little Ash Springs. Their property is known as Big Ash Springs and has 50 springs feeding 94-degree water into meandering shallow rivulets that are home to two endangered species — the White River springfish and the Pahranagat roundtail chub found only in the Ash Springs system.

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This, That, The Other Thing, Oh Yeah and That Is Mine

I have never met John in person, I have talked with him over the phone and seen all the good he has done for all the P3.  I like him as a person from what he has shown me.  He has never done me any wrong.  I called him about this issue.  He stands firm that he did not give permission for this to be filmed or shared with others. That it was all his deal. He seamed very earnest in this declaration, a declaration that I now believe is composed of lies and retribution for what he thinks are wrongs against another friend.  I am saying believe because I do not have the hard evidence in my own hands but it will come out soon enough.  John has done many good works, and I praise him for every good thing that he has done on behalf of my friends, the Finicum family, and other patriotic prisoners, but that does not excuse the bad behavior that he is exhibiting now.

I have talked to others involved and I get a very different story and things done to appease John. All but taking the video down, because at this point in time consent or implied consent was given, again I was not there so I cannot say for fact.

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Perspectives: Justice for the Finicum family will be justice for all of us

OPINION – On the second anniversary of LaVoy Finicum’s death, I had the privilege of spending some time with his widow, Jeanette Finicum.

We spoke about our favorite memories of LaVoy and discussed the wrongful death lawsuit that Jeanette has filed against those who may bear direct or indirect responsibility in his killing. I was struck by a number of realizations as we visited.

The entire Finicum family has been on the receiving end of a monstrous injustice

First, and most importantly, the driving forces behind this lawsuit are justice and accountability for the various agencies and individuals who played a role in LaVoy Finicum’s death. The entire Finicum family has been on the receiving end of a monstrous injustice.

Rather than railing about vengeance or calling for blood, the Finicum family has consistently taken the high road over the past two years.

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Larry Klayman : The Bundys fought gov’t tyranny — and won!

This week perhaps the biggest victory in the history of government prosecution and legal criminal defense was realized in a federal court in Las Vegas, Nevada. There, after Cliven Bundy and his sons, Ryan and Ammon, had been wrongfully charged by Obama deep state Justice Department prosecutors for conspiring to threaten federal law enforcement at gun point when Bureau of Land Management (BLM) agents, with the support of Federal Bureau of Investigation special agents, stormed the Bundy Ranch at Bunkerville, threatened the lives of the Bundys, violently assaulted family members when they would not relinquish their cattle and then, for “good measure,” killed tens of male cattle (aka bulls) used to procreate the herd and buried them in a secret mass grave, the federal judge who presided of the trial dismissed the government’s indictment with prejudice based on flagrant and outrageous prosecutorial misconduct.

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editorial By Harold Pease — Bundy justice: The price they paid

Some think that the Bundys got off scot-free when U.S. District Judge Gloria Navarro dismissed cases against Cliven, sons Ammon and Ryan, and co-defendant Ryan Payne and accused their prosecutors — the government — of willfully withholding evidence from Bundy lawyers in violation of the federal Brady rule, thus denying them due process. She referred to it as “flagrant prosecutorial misconduct” and set the defendants free “with prejudice,” preventing the government from trying them again on this case.

So what price did the Bundys pay for defending the Constitution and freedom? Cliven Bundy certainly felt it high: “I have been a political prisoner for more than 700 days.” Let’s review the story of Bundy justice.

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Editorial – Thomas Mitchell : Bundy case secrecy being rightfully challenged

Though the most recent trial of four defendants in the April 2014 standoff between armed protesters and Bureau of Land Management agents trying to confiscate Cliven Bundy’s cattle ended in a mistrial, the case will stand as a historic example of how sweeping secrecy can cast doubt on whether justice is being served.

This past week U.S. District Judge Gloria Navarro halted testimony in the trial and sent the jurors home while she heard arguments behind closed doors over whether the prosecution had failed to provide the defense with potentially exculpatory evidence quickly enough. The judge said the prosecution’s repeated failure to timely disclose information was “sufficient to undermine the confidence in the outcome of the trial,” which she said could result in a mistrial. This week she declared a mistrial.

Attorney Maggie McLetchie — representing the Las Vegas Review-Journal newspaper and Battle Born Media, which publishes weekly newspapers in Mesquite, Ely, Eureka, Sparks and Lincoln and Mineral counties — promptly filed a motion seeking to intervene, which was granted. The newspapers are asking that all documents previously filed under seal be unsealed and that future hearings be conducted in open court.

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Gary Hunt : FBI and Prosecution Conspire to Falsify Evidence

In identifying the Misdeeds of Government, it requires a diligent search of available information.  However, often that research produces some interesting results.  That is the situation with this article, since it begins with events surrounding the arrest of Dave Bundy (The Bundy Affair – #12 – Dave Bundy’s Two Citations), on April 6, 2014, and ends with the declaration of Mistrial on Decembers 20, 2017.  However, in that span of time, over three and a half years, the following events played out.

Dave Bundy was pulled over on Nevada State Highway 170, a road that goes from Interstate 15, near the road to the Bundy Ranch, to Bunkerville.  The Bureau of Land Management (BLM) had attempted to close the highway.

Dave got into a dispute with the BLM and was arrested and charged with two citations (explained in the linked article above).  It is this arrest that begins this series of events.  First, we have, from the National Park Service “DIRECTOR’S ORDER #9: LAW ENFORCEMENT PROGRAM”, which, on page 2, explains when and where arrests may be made.

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Thomas Mitchell: What to do about wild horses? Part 2

In his newly published book, “Wild Horse Country,” writer David Philipps offers his suggestion for what to do about the overpopulation of wild horses in the West, which are overgrazing the open range: “The solution is mountain lions.”

Realizing that this will leave horse-huggers aghast and cause cattle and sheep ranchers to gasp, Philipps forges ahead, “For decades, the BLM has said the wild horse has ‘no natural predators.’ … But the same people who have long dismissed using predators to control horses as impossible have never made an attempt to understand it. They have likely been too busy rounding up and storing horses. If they took the time to look into the idea of mountain lions, they would see that research on the ground contradicts the conventional wisdom.”

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Thomas Mitchell: The strange Bunkerville case has further twists

The twists and turns in the Bunkerville standoff trial defy logic.

Weeks into the federal trial of 71-year-old rancher Cliven Bundy, two of this sons and self-styled militia man from Montana, the judge has decided that all of the defendants should be released from jail to what amounts to house arrest. Ryan Bundy was so released at the beginning of the trial but the judge refused to do the same for the others.

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Thomas Mitchell: Constitution stretched to the breaking point

If words can mean anything anyone says they mean, then words are meaningless. That is what the 10th U.S. Circuit Court of Appeals has done with the Commerce Clause of the Constitution.

The appellate court overturned a federal judge who found that the Commerce Clause does not give Congress the power under the Endangered Species Act (ESA) to regulate a species that exists only within the boundaries of one state and has no commercial value whatsoever — specifically the Utah prairie dog.

Nevada has joined with Utah and 21 other states to ask the U.S. Supreme Court to strike the circuit court ruling, saying that if the ruling stands “then Congress has virtually limitless authority, and the Tenth Amendment is a dead letter,” as well as the concept of federalism. (prairiedogamicusbrief)

If Nevada is to have any control over any economic activity within its borders, which include numerous endangered and threatened species, it is vital that the high court reverse this Constitution-rendering exercise in legerdemain.

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Thomas Mitchell: Head spinning developments in the so-far ‘non-trial’ of Bunkerville defendants

Caution: Following the Bunkerville standoff trial proceedings can cause whiplash.

Today the federal judge again delayed the start of the trial for Cliven Bundy, his sons Ammon and Ryan, and self-styled militia member Ryan Payne. This time for a week. She agreed to hold hearings after Cliven Bundy’s attorney asked the charges be dropped because the prosecution had failed to reveal any recordings or notes taken off live surveillance video of the Bundy ranch during the April 2014 standoff. Ryan Bundy raised the question as to whether there was surveillance video several weeks ago.

“If it has potentially useful information, then the defense is entitled to it,” the judge is quoted by Reuters as saying. “I‘m not convinced that it doesn’t exist.”

The federal agents reportedly shredded documents after the standoff ended.

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Thomas Mitchell: A jury of their peers? Hardly

A federal jury is set to begin hearing opening statements Tuesday in the trial of four defendants in the Bunkerville standoff.

There are six women and six men on the jury and there are four alternates, three men, and a woman.

The judge said the trial is expected to take four months. A number of potential jurors were dismissed because they could not take four months out of their lives to devote to the trial. How many people can or are willing to? Is it a jury of their peers?

On trial is rancher Cliven Bundy, 71, sons Ammon Bundy, 42, and Ryan Bundy, 45, and a self-styled militia member Ryan Payne, 34, who showed up to protest the confiscation of Bundy’s cattle by the BLM. They are charged with conspiracy, extortion and various firearm charges. They have all been jailed for going on two years.

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