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 …”
In the wake of high-profile mass shootings, corporate America has been taking a stand against the firearms industry amid a lack of action by lawmakers on gun control. Payment processing firms are limiting transactions, Bank of America stopped providing financing to companies that make AR-style guns, and retailers like Walmart and Dick’s Sporting Goods imposed age restrictions on gun purchases.
The moves are lauded by gun-safety advocates but criticized by the gun industry that views them as a backhanded way of undermining the Second Amendment. Gun industry leaders see the backlash as a real threat to their industry and are coming to the conclusion that they need additional protections in Congress to prevent financial retaliation from banks.
“If a few banks say ‘No, we’re not going to give loans to gun dealers or gun manufacturers,’ all of a sudden the industry is threatened and the Second Amendment doesn’t mean much if there are no guns around,” said Michael Hammond, legal counsel for Gun Owners of America. “If you can’t make guns, if you can’t sell guns, the Second Amendment doesn’t mean much.”
When news broke that Hof had won the nominating contest for a state Assembly seat on June 12, evangelical pastor Victor Fuentes said he closed his eyes and prayed.
He did not ask God to deliver Nevada and the Republican Party from Hof, the thrice-divorced author of “The Art of the Pimp” who campaigned as the “Trump of Pahrump.” Although Christian groups have long rallied against the state’s legal brothel industry, Fuentes was willing to overlook Hof’s history as a champion of the flesh trade and gave thanks for his victory.
“People want to know how an evangelical can support a self-proclaimed pimp,” Fuentes said in an interview at his home in Pahrump, an unincorporated town of 36,000 people that is the largest community in the sprawling, rural district where Hof is favored to win in November’s general election.
He said the reason was simple. “We have politicians, they might speak good words, not sleep with prostitutes, be a good neighbor. But by their decisions, they have evil in their heart. Dennis Hof is not like that.”
Columnist Victor Joecks noted that the media jumped all over an obscure Nye County commissioner disendorsing Republican gubernatorial candidate Adam Laxalt for failing to endorse the Republican primary winner in Assembly District 36, brothel owner Dennis Hof who has been accused of sexual harassment, but totally ignored a press release two weeks ago from Republican Sen. Dean Heller accusing Democratic primary senatorial nominee Jacky Rosen of resume enhancement.
In fact, the same day’s paper carried a lengthy story about the commissioner’s disendorsement of Laxalt along with quotes from Hof about how the move might hurt Laxalt in Nye County and a prepared statement by Laxalt stating, “Adam respects the will of the voters in District 36, however, as a husband and a father of two young daughters, he has stated that he will not be supporting Mr. Hof’s campaign.”
Lawyers for an indicted FBI agent suggest in court papers that one of the state troopers who shot and killed Oregon refuge occupation spokesman Robert “LaVoy” Finicum may have fired the two earlier shots at Finicum as he emerged from his truck at a police roadblock.
The trooper, a member of the state police SWAT team identified in court papers only as “Officer 1,” was involved in at least two unrelated fatal shootings of civilians before the Finicum encounter, according to lawyers for FBI agent W. Joseph Astarita.
The government has refused to provide documents to the defense about those past shootings despite repeated requests, the agent’s lawyers said. Astarita’s lawyers are now asking a judge to compel the prosecution team to release the material.
“Such evidence could potentially reveal a pattern of behavior that might shed light on what Officer 1 did on January 26, 2016, and why he may not have been truthful about that conduct in the days and weeks that followed,” defense lawyer Tyler Francis wrote in a motion filed this week in U.S. District Court in Portland.
The motion reveals a theory of Astarita’s defense lawyers intended to cast doubt on the prosecution’s contention that the FBI agent fired at Finicum and then lied about it. One of the bullets hit the roof of Finicum’s truck and the other went astray.
But the judge didn’t budge. A package of material about Cooper that his lawyer submitted to the court under seal “warrants concern,” Brown said.
The judge noted that she had received an email that morning with audio attached that purportedly contained “death threats” Cooper made while in custody in Nevada. Brown said she didn’t listen to the audio, was advised not to open it and considered it hearsay.
The judge said she was aware that during the case there was a “lot of bluster coming out of Mr. Cooper, making outlandish statements.”
Shipsey said she didn’t listen to the audio either, but didn’t receive any complaints during Cooper’s custody in Nevada and listened to his recorded jail calls.
After the sentencing, former Bundy supporter Melissa Laughter, who has been an outspoken critic of the defendants, said she sent the email to the judge, suggesting Cooper receive more time behind bars. She provided a copy of the audio and email to The Oregonian/OregonLive.
Laughter said she got the audio from a 2016 Facebook post from a Bundy supporter.
The recorded jail call starts out with Cooper issuing a disclaimer that nothing he says should be considered a threat but that he’s simply “venting animosity and discontent” after learning that Mark McConnell was a government informant. McConnell was driving the Jeep with Ammon Bundy inside when Bundy was arrested.
Prosecutors will recommend a sentence of time served, plus three years of supervised release and that Cooper pay $7,000 in restitution, according to court documents.
The government will ask that Cooper, 38, participate in a mental health program as a condition of his release, but Cooper’s lawyer objects to that requirement.
Cooper, who pled guilty in the Oregon case in June 2016 and became a government witness at a trial against refuge occupiers Jason Patrick, Darryl Thorn and two other co-defendants in 2017, has been on pretrial release since October 2017.
“During that time he participated in a mental health assessment, and it was determined that he was not in need of any further treatment,” his attorney Krista Shipsey wrote in a sentencing memo filed this week.
Cooper has acknowledged that he agreed to cooperate with the government in the hope of reducing an earlier, recommended six-year prison sentence. He also pleaded guilty to federal conspiracy in the Nevada case.
Defense lawyers argued Friday that the government’s reconstruction of an FBI agent’s alleged shots at Oregon occupation spokesman Robert “LaVoy” Finicum isn’t based on sound forensic methods.
“They come in and present this evidence as if it’s precise. It’s just not so,” said Robert Cary, a well-known Washington, D.C.-based defense lawyer for indicted agent W. Joseph Astarita. “It’s presented as science and it’s way dangerous.”
Prosecutors countered that they relied on multiple experts who used independent state-of-the-art forensic methods and all placed Astarita as the only one who could have fired the shot that struck the roof of Finicum’s truck on Jan. 26, 2016.
The closing arguments came after four days of testimony in a pretrial hearing to determine which experts’ work can be presented at Astarita’s July 24 trial. U.S. District Judge Robert E. Jones said he’d issue a written ruling in two weeks.
Recently the Wall Street Journal carried a front-page feature by Jim Carlton highlighting my family, the Hages. It attempted to cover the plight of western ranchers and our 40-year David-and-Goliath struggle to prevent the federal government from taking our ranch without just compensation through government threats, intimidation, prosecution, and abuse of discretion.
Pine Creek Ranch is now in foreclosure. We have won enormous landmark victories for western ranchers in multiple bench trials, including a $14 million judgment against the U.S. Forest Service (USFS) and the Bureau of Land Management (BLM), and – in a separate court – a ruling that the government had engaged in a conspiracy beginning in the 1970s to take our vested water rights and grazing preferences. However, on appeal, the federal courts twisted themselves into a legal pretzel to rule in favor of the government, finally taking our ranch judicially.
Larry Wooten wrote that misconduct by now-fired Special Agent in Charge Dan Love and other supervisors caused “considerable disruption in our workplace, was discriminatory, harassing and showed clear prejudice against the defendants, their supporters and Mormons.”
Wooten’s memo went on to describe how he heard repeatedly that Love had a “Kill Book,” as a trophy and “in essence bragged about getting three individuals in Utah to commit suicide (see Operation Cerberus Action out of Blanding, Utah and the death of Dr. (James) Redd).”
Lee points to the 2009 Blanding raid involving Redd — who killed himself — as an example of BLM law enforcement gone amok, with multiple pre-dawn raids served at gunpoint.
“What happened in Blanding is a symptom of the underlying problem,” he said.
The so-called “Kill Book,” he added, is “abhorrent. This is the kind of thing that could have or would have been addressed more quickly with a state or local law enforcement agency.”
Lee said local law enforcement can carry out the same functions of BLM and the Forest Service and are more accountable to local residents.
One of the most notable figures in America proselytizing and exercising “sovereign” ideology, Bruce Doucette, was sentenced to 38 years in Colorado state prison on Tuesday, May 22.
Doucette, who owned a computer-repair shop in Littleton, had declared himself a judge despite not being recognized by any U.S. judicial system, and was one of the leading actors in an extra-legal organization calling itself the “people’s grand jury of Colorado.” On March 9, a jury in Denver had found Doucette guilty of 34 felony charges stemming from actions that Doucette described as an attempt to root out corruption in American government at its various levels: federal, state and local.
The First Amendment prohibits the federal government abridging one’s free speech, but it does not, as a federal judge has ruled, require anyone to provide the soapbox for that speech.
U.S. District Judge Naomi Reice Buchwald of New York ruled today President Donald Trump may not block Twitter users who criticize him because that violates their right to free speech.
“While we must recognize, and are sensitive to, the president’s personal First Amendment rights, he cannot exercise those rights in a way that infringes the corresponding First Amendment rights of those who have criticized him,” the judge said.
At a glance: Unlike the Bureau of Land Management and U.S. Forest Service, the National Park Service is not directed by the Wild Free-Roaming Horse and Burro Act of 1972 to maintain a population of burros.
Death Valley National Park’s 2002 General Management Plan, which went through extensive public review, calls for removing all burros from the park to protect water quality, riparian ecosystems, native plants, and native animals.
Burro populations have increased greatly in recent years. The last burro roundup in Death Valley National Park was in 2005.
Source: Death Valley National Park
The Bureau of Land Management revealed today it is contemplating an overhaul of its law enforcement program — from the location of its headquarters to whether rangers should wear visible flak jackets.
Deputy Director Brian Steed discussed the pending modifications in testimony before the Senate Energy and Natural Resources Subcommittee on Public Lands, Forests and Mining.
“We’re quite active right now in reviewing all policies regarding our law enforcement,” Steed told Utah Sen. Mike Lee (R). An outspoken critic of BLM law enforcement, Lee has endorsed dissolving the agency’s police force and instead relying on local officers or FBI agents.
Steed provided few details about the potential reorganization — which comes as Interior Secretary Ryan Zinke is contemplating a broader overhaul of the entire department, as well as a potential relocation of BLM headquarters to a Western state.
Steed testified that BLM officials are evaluating whether the agency’s law enforcement “should be restructured to better fit organizational needs.”
“We absolutely are trying to increase our accountability to the American people by having the right personnel at the helms. We’re absolutely trying to change policy to make sure that we’re as accountable and responsive and as good at our job as possible,” Steed said at the hearing.
He noted that BLM has directed its officers to focus on “casework with direct ties to public lands,” including cross-border smuggling activities and the theft of mineral materials and historical objects.
DISMISSAL IS CONSIDERED an extreme remedy for prosecutor misconduct. Judges often declare a mistrial but let the indictments stand, thus allowing prosecutors the option of taking the case before another grand jury.
As Myhre noted in his brief, the Chapman case seems to be the only ruling in which the 9th Circuit has ever upheld outright dismissal of indictments due to prosecutorial misconduct. And Navarro found plenty of similarities when comparing Damm’s misconduct in Chapman to Myhre’s actions in the Bundy trial.
As in Chapman, Myhre and his office failed to turn over hundreds of pages of evidence, particularly FBI reports, logs, maps, and threat assessments, Navarro found. And, like Damm, Myhre and his office made “several misrepresentations” to the defense and the court, both about the existence of certain evidence and its importance, she ruled.
In one instance, Navarro said, the prosecution made “a deliberate attempt to mislead and to obscure the truth.” At the mistrial hearing in December, she criticized Myhre for calling an internal affairs report about one of the Bundy investigators an “urban legend.” When the report surfaced, Myhre told the court his “urban legend” comment was “based on the government’s inability to verify its existence, let alone find it,” and not an attempt to deceive.
After a stormy year, the long tenure of Steven Myhre as the No. 2 prosecutor in the Nevada U.S. attorney’s office has ended under secrecy.
Within the past month, Myhre left his job as first assistant to Interim U.S. Attorney Dayle Elieson and took on new duties in the office as a senior litigation counsel, several former federal prosecutors who have spoken with office members told the Las Vegas Review-Journal.
His new position comes with no supervisory responsibilities, but allows him to mentor and train younger attorneys, according to a Justice Department manual.
Last May, Myhre, who spent about 15 years as first assistant in the office, was ordered to undergo anti-sex discrimination training as a result of a federal case filed by a female prosecutor during the tenure of former U.S. Attorney Greg Brower in 2008 and 2009.
Environmentalists have filed suit against federal regulators over protections for eight rivers in California, including one that originates in Nevada, the Amargosa River.
Congress designated portions of the Amargosa and seven other rivers as wild and scenic in 2009, but the U.S. Forest Service and the Bureau of Land Management never completed comprehensive management plans for them as required by law, according to the Center for Biological Diversity.
The Tucson, Arizona-based group sued the two agencies in U.S. District Court in Los Angeles late last month, arguing that the Wild and Scenic Rivers Act required the development of management plans for the rivers within three years of their designation.
Nye County Commissioner Dan Schinhofen has initiated a crucial step in the effort to bring the first-ever county-owned public shooting range to the Pahrump Valley, posing an agenda item that could trigger forward movement on the longstanding concept.
With a unanimous vote in favor of the item, county staff is now tasked with bringing forward figures outlining the costs that would be associated with establishing a public shooting range at one of various locations throughout the valley so as to identify the most likely location for such a project.
Schinhofen explained in an interview that the county has been striving toward opening a public shooting range for many, many years.
“We’ve never let this idea go, we’ve been working on getting land for a range for a very long time but now it’s really time to find out what the costs are going to be and how we are going to do it,” he stated. Schinhofen’s item directed county staff to draft options for the Nye County Commission so they can review them and decide what is best for the community.
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.
(Natural News) A new film featuring scores of interviews with ranchers and longtime residents of Western states documents what many have long viewed as the federal government’s insatiable appetite for land and resources.
In the first of two trailers introducing the documentary, which is titled, “Land Grab: The Conspiracy to Own All of the Natural Resources in the Western U.S.,” James White of Northwest Liberty News said the film is a product of interviews he conducted with landowners and ranchers throughout the West who have dealt with a federal land management bureaucracy that has become increasingly hostile over the past few decades.
The worst abuses and mismanagement of land and resources, however, has occurred in recent years, with ranchers and landowners citing many instances of problematic interactions with the U.S. Department of the Interior and its various agencies.
“When we first came to Nevada, the [U.S.] Forest Service was very cooperative, they wanted us to survive, they wanted us to make the grade,” said Elko, Nevada resident Kent Howard, who is now deceased. “As time went on, the Forest Service turned completely around, and by the time we got out of the cattle business, the Forest Service was doing everything they possibly could to make it hard for you.”
ST. GEORGE – Congressional legislation proposed by Washington County officials that would expand protected desert tortoise habitat in exchange for a route for the highly sought-after northern corridor through the Red Cliffs Desert Reserve was the subject of an open house at the Dixie Center St. George Wednesday night.
Called the “Desert Tortoise Habitat Conservation Plan Expansion Act,” the proposed bill would add nearly 7,000 acres to the Red Cliffs Desert Reserve in the area west of Bloomington and south of Santa Clara in exchange for a right-of-way for the northern corridor that state and county road planners say the region needs for future transportation needs.
“We’ve already talked to all of our (congressional) delegation about this bill,” Washington County Commissioner Victor Iverson said. “We’ve talked to Congressman (Chris) Stewart who is prepared to introduce the legislation. So we’ve given it to them, and that’s the status of (the bill) right now.”
While the bill could be officially introduced in the near-future, Iverson said, county officials organized an open house to educate and get input from the public on the proposed bill. While the actual language of the draft bill was not available for review, a handout with highlights of the bill was provided at the open house.
Among those points is renewing the Habitat Conservation Plan for another 25 years. The original plan expired two years ago with local, state and federal officials working together to resolve issues that have delayed the HCP’s renewal.
Thus far the U.S. Fish and Wildlife Service has allowed the HCP to continue functioning while negotiations for renewal continue.
DISTRICT OF COLUMBIA — Interior Secretary Ryan Zinke announced the members of the “Made in America” Outdoor Recreation Advisory Committee, which was established Nov. 8 to serve as an advisory board on public-private partnerships across all public lands, with the goal of expanding access to and improving infrastructure and waterways.
The committee “is made up of the private sector’s best and brightest to tackle some of our biggest public lands infrastructure and access challenges ,” Zinke said Monday in a press release. “ Dating back to the early days of the National Park Service, American businesses have been helping improve the public’s public land experience by doing everything from building iconic lodges like the Grand Canyon’s El Tovar to the historic “red jammers” in Glacier National Park.
“This committee will help build on that legacy and provide valuable insight into addressing the maintenance backlog on our public lands. The committee’s collective experience as entrepreneurs and business leaders provide unique insight that is often lost in the Federal government. As we rebuild our nation’s infrastructure, we can continue the exponential growth of the American recreation sector, which supports millions of American jobs and bares a significant impact on our economy.”
A West Virginia man is organizing a national rally at every state capital in the nation in support of the Second Amendment on April 14 of this year.
David Clayton, who worked as a short-order cook in a bar, was talked to by Matthew Simmons about the “Patriot Movement.” Clayton, a self-proclaimed lover of history, took some literature and read it and became excited so he decided to look further into the matter.
Mr. Clayton started off in his state in the Three Percenters Original and advanced to Zone Lead and then State Lead, and finally opened up Three Percent Republic in May of 2017 and became the national public relations representative for the group.
Clayton says that he loves the Constitution and has enjoyed his time learning and growing in the movement.
As a result, he has taken it upon himself to encourage constitutionally minded Americans to rally at their state capitals at a time when the Second Amendment is under attack.
Trump administration officials are calling it ‘outcome-based grazing,’ and are offering the option to 11 ranches and livestock companies as a demonstration. Critics are saying it weakens accountability standards for ranchers grazing on public lands.
WASHINGTON, D.C. — Two Oregon ranches will be among 11 in the country to be offered a new kind of process for livestock grazing on public lands, the Bureau of Land Management (BLM) announced on Friday.
Known as outcome-based grazing authorizations (OBGAs), the new process offers an “unprecedented level of flexibility in the management of livestock,” according to the BLM.
Roaring Springs Ranch near Burns, Oregon and Fitzgerald Ranch near Lakeview, Oregon will be two of the 11 ‘demonstration projects.’ The other test cases are spread throughout the western United States—including Wyoming, Nevada, Montana, Idaho and Colorado.