Government Overreach Lost the Malheur Trial
by Shari Dovale
While the Bundy supporters continue to celebrate the acquittal of all 7 defendants, the prosecution is taking hits for reinforcing the narrative of government overreach.
It is widely held that the prosecution in the Malheur Protest Trial would have easily won a victory if they had not got greedy and attempted to go for the maximum prison sentences possible. They could have gone for trespassing or vandalism, but have stated that they chose they higher charge of conspiracy because of the amount of prison time involved.
They wanted the Bundy’s in jail for a very long time. It seems that they needed to send a message to the American people that disagreeing with the government will not be tolerated.
The prosecution was willing to lie to meet their ends, but the jury saw through them. When they presented their Big Gun Show, with the numerous weapons and ammo found at the refuge, they didn’t think they would be called out to admit who actually owned those guns, and who actually brought them to the refuge.
The FBI tried to slide through it by saying they never bothered to check the ownership of the weapons. Really?
The prosecution never thought the defense would call them out on the Confidential Informants (CI) used to set up the protesters. Oops!
Yes, their CI was none other than the man that ran the firing range and taught the protesters about firearms and hand-to-hand combat. He was also present for the video that was used as evidence against the defendants.
Then they grasped at a few more straws and brought in Facebook Memes to use as evidence. They should have thought about how many jurors use Facebook and share memes. This just reinforced the government being completely out-of-touch with the people.
However, their greed came back to haunt them when the jury refused to convict on the conspiracy or firearms charges.
Judge Anna Brown made every attempt to bolster the prosecution’s case, yet her greed also worked against her. The jury noted that there was evidence that she was not allowing them to see. They also noticed the slew of objections that she sustained for the prosecution compared with the defense.
Brown made the decision to word the jury instructions in such a way that the intent was paramount. The prosecution just couldn’t prove it.
And the jury was not happy with her not allowing the Constitution in her courtroom.
This trial has proven the government overreach that the defendants were protesting against. They made the mistake of believing that in a very Liberal Portland the people would just fall all over themselves to believe whatever rhetoric the government spews.
The people are getting fed up with the mistreatment from their elected officials.
The citizens want their country back!
The Americans are coming!
The jury has acquited. It was a bitter-sweet victory for America and the Finicum family. The murderers must be brought to justice.
You folks in the independant media can help Americans get more acquitals by spreading the word the government run public schools don’t teach. In 1948 the Congress passed the “Crimes and Criminal Procedures Act” which codified Titlte 18 USC and made it positive law. http://uscode.house.gov/statviewer.htm?volume=62&page=683
Section 5 defines the United States,
Section 7 Special Maritime and Territorial Jurisdiction of the United States defined, at Section 7(3) tells us “Any lands reserved or acquired for the USE OF THE UNITED STATES . . . . . . . . .”
Public lands were not reserved for THE USE OF THE UNITED STATES. http://uscode.house.gov/statviewer.htm?volume=62&page=685
The federales have no criminal jurisdiction on public lands. Nor do their Article IV District Courts. Federal law says so. The constitution did not authorize it.
Read Section 9 Vessel of the United States defined.
Further research into the statutes will reveal that Congress in the civil war era redefined the word “State” to mean a territory, the District of Columbia, Puerto Rico, an insular possession.
Are you a “United States” citizen as defined by this statute?
There is much whining by our public servants about the Malheur verdict. However the verdict is inline with federal law and the United States Constitution.
What I see missing is at the beginning. We have a procedure when a problem arises. remember the saying don’t take the law into your own hands? This was to keep the peace and this was redress with a petition. They ignored it always it never gets a answer. Well now its back to the start again so what about the petition for redress? What about the thousands that petitioned for the Hammonds, this would not have wasted all those tax payers hard earned wages if these thugs were following their agreed contracts.
The American system of Justice does not always produce the correct result; but it does so more often than any alternative yet tried, and it did here. OOO-rah!
Too right Shari: the Govt boys were swinging for the bleachers,and they struck out. That superb advocate,my lawyer Lisa Maxfield of Portland, told me that the Govt boys actually thought they were winning the case…..the alternate reality they live in,amazing!So…I have had to start driving myself again, no longer the luxury of being chauferred by Ms Dovale…We have shared history Shari, and our parting was just adeu, not goodby……..
But what is not stressed enough is that Ammon wanted a Trespassing charge so that we could have all learned a whole lot more about Property Issues like whether it was We The People or federal agents and agencies trespassing on us and our land.