Medenbach Says Probation Terms Unconstitutional
by Shari Dovale
Kenneth Medenbach, acquitted during the Malheur Protest Trial in Portland, has been protesting federal ownership of public lands for decades.
His most recent fight brought him to the appellate court in Portland on June 8, 2018.
Convicted of ILLEGAL CAMPING, Medenbach was placed on 5 years probation after serving 6 months in jail. The government has shown great concern that Medenbach cannot seem to get over his disagreements with the Federal government.
The terms of his probation is what found him in front of the appeals court with his attorney, Matthew Schindler. Schindler previously assisted Medenbach in the trial of the Malheur Wildlife Refuge protest.
Travel restrictions and other probation conditions were the focus of the challenge, which Schindler argued that a U.S. District Court judge abused his discretion when requiring Medenbach to get a probation officer’s approval before traveling outside of their district.
AUSA Briana Swift argued that the conditions placed on Medenbach were reasonable, considering his history of disagreeing with federal control of public land.
Hence the problem. The government is upset that Medenbach continues to challenge their authority. It is not about Medenbach breaking the rules of his probation. He has always endured these terms, he just believes the terms are unconstitutional.
Additionally, Medenbach has never been a flight risk. On the contrary, he has always looked forward to his day in court, as is evidenced by his statements to BLM Special Agent Curry in this matter:
Special Agent Curry later called Mr. Medenbach and met him in the parking lot of the Josephine County Sheriff’s Office. They discussed Mr. Medenbach’s intentions in regards to the cabin. Mr. Medenbach told the agent he was simply waiting to be cited. They discussed the BLM’s 14-day camping limit. Special Agent Curry warned Mr. Medenbach that he would have to vacate the land 14 days from July 1st. Mr. Medenbach again told Special Agent Curry to cite him now since he had been residing at the cabin more than 14 days. Special Agent Curry declined to cite him.
We applaud Mr. Medenbach for not giving up on his beliefs and continuing to be a thorn in the side of the Federal Government.
Read the entire Brief here:
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Hi Ken…been a while..A bummer that you were stuck with the 9th Circus.
Yesterday July 5, 2018 the 9th circuit court upheld my sentence in my case of occupying and camping on alleged BLM lands near the Sugar Pine Mine.
The 9th circuit affirmed affirmed the District Court decision without addressing the last 12 pages of this appeal, which had to do with the reasoning behind overruling Marbury v Madison and the unconstitutional reasoning and absurdity behind U.S. v Gratiot.
U.S. v Gratiot is the supreme court’s reasoning behind federal lands in the States.
With that said, this is why the 9th circuit court did not address the last 12 pages
THE 9TH CIRCUIT HAD NO ARGUMENT!
THIS IS WHY IT IS “NOT FOR PUBLICATION.”