Quantcast
Connect with us

Legal experts mock Ammon Bundy defense for ignoring ‘unmistakable legal reality’

Published

on

Ammon Bundy plans to challenge the constitutionality of the criminal charges against him — an argument that legal experts found laughably deficient.

The 40-year-old truck mechanic is among 27 militants indicted on federal charges in connection with the armed takeover of Malhuer National Wildlife Refuge in January.

His attorneys filed court documents Friday challenging federal jurisdiction because, they argued, the U.S. government cannot prove it owns the land and therefore cannot pay its employees to work there, reported Patch.com.

ADVERTISEMENT

Bundy and the other militants are charged with, among other crimes, interfering with the work of government scientists and others who manage the Oregon nature preserve.

Attorney Mike Arnold told the website that Bundy and the other armed men who took over the wildlife refuge were simply “patriots” exercising their First Amendment rights.

Bundy and his attorneys are asking for a hearing so they can argue that the the Enclave Clause of the Constitution prohibits the U.S. government from owning or managing public lands.

That’s the same claim made by Koch brothers-backed Republican lawmakers to argue that states or individuals, rather than the federal government, should take over control of public lands.

However, experts say case law contradicts that claim.

ADVERTISEMENT

“The unmistakable legal reality is that a series of solid, indisputable U.S. Supreme Court cases establishes that the federal government is constitutionally empowered to own land, control that land through federal statutes and regulations as it sees fit, and dispose of that land if it chooses to ‘without limitation,'” said Susan Smith, a law professor at Willamette University.

She was asked in January, after the occupation began, by the Association of Oregon Counties to research and write about the militants’ constitutional interpretations.

Other legal experts agree that Bundy and his attorneys will have a difficult time proving their arguments.

ADVERTISEMENT

“We look forward to Ammon Bundy’s attempt to re-litigate 200 years of jurisprudence regarding the property clause, and United States v. Oregon, the 1935 Supreme Court case that specifically established the American people’s ownership of the Malheur National Wildlife Refuge,” said Jennifer Rokala, executive director of the nonpartisan Center for Western Priorities.

ADVERTISEMENT

Report typos and corrections to: [email protected].
READ COMMENTS - JOIN THE DISCUSSION
Continue Reading

Breaking Banner

Judge rules against Devin Nunes in $9.9 million lawsuit over the salacious Steele Dossier

Published

on

Rep. Devin Nunes (R-CA) suffered a legal setback after losing a major lawsuit he had filed.

"A federal judge has tossed out a racketeering lawsuit House Intelligence Committee Chairman Devin Nunes filed last year against the private investigation firm at the heart of the Trump-Russia saga," Politico reported Friday evening.

"Alexandria, Virginia-based U.S. District Court Judge Liam O'Grady's two-page order made short work of Nunes' suit, which sought $9.9 million in damages from Fusion GPS, its founder Glenn Simpson and a nonprofit watchdog group, Campaign for Accountability," Politico explained. "The judge also signaled that pressing on with the legal battle could result in sanctions against Nunes and his attorney, Steven Biss."

Continue Reading

2020 Election

Devin Nunes is livid at report he helped Trump’s White House: ‘Who the hell is leaking this?’

Published

on

The ranking Republican on the House Intelligence Committee is suing Washington, DC's hometown newspaper.

Rep. Devin Nunes (R-CA) announced that he was suing The Washington Post during a Friday appearance on Fox News.

“A senior U.S. intelligence official told lawmakers last week that Russia wants to see President Trump reelected, viewing his administration as more favorable to the Kremlin’s interests, according to people who were briefed on the comments,” The Washington Post reported Thursday. “Trump learned about Pierson’s remarks from Rep. Devin Nunes (Calif.), the committee’s ranking Republican and a staunch Trump ally, said one person familiar with the matter.”

Continue Reading
 

Breaking Banner

BUSTED: Trump’s new spy chief worked for foreign politician the US accused of corruption

Published

on

by Isaac Arnsdorf

President Donald Trump’s new acting intelligence director, Richard Grenell, used to do consulting work on behalf of an Eastern European oligarch who is now a fugitive and was recently barred from entering the U.S. under anti-corruption sanctions imposed last month by the State Department.

In 2016, Grenell wrote several articles defending the oligarch, a Moldovan politician named Vladimir Plahotniuc, but did not disclose that he was being paid, according to records and interviews. Grenell also did not register under the Foreign Agents Registration Act, which generally requires people to disclose work in the U.S. on behalf of foreign politicians.

Continue Reading
 
 
close-image