Wednesday, April 30, 2014

The Long History of BLM's Aggressive Cattle Seizures

 
30 Apr 2014





 Every month, Raymond Yowell, the 84-year-old former chief of the Shoshone Indian Tribe in northeastern Nevada, has almost $200 garnished from his $1,150 Social Security check, and it all dates back to a 5:00am phone call on a Friday morning in 2002.

That morning, a government official from the Bureau of Land Management told him to come down to a seizure site where the 132 cattle he owned were about to be impounded.

When he arrived, men brandishing handguns told him he couldn't get any closer than 250 yards from his cattle. He watched from a distance as the government loaded the livestock onto stock trailers.

Within a week, the cattle had been sold at a private auction – for what Yowell estimated to be a quarter of their market price. The proceeds belonged to BLM, officials told him, paying a portion of the grazing fees he suddenly owed. It wasn't enough to cover the full debt, and BLM sent Yowell a bill for $180,000.
Yowell has been fighting the BLM in court ever since, but while the case moves its way through the system, his Social Security check takes a hit every month.

The story, ranchers in Nevada say, is far from unique. Beginning in the late 1980s, BLM adopted aggressive tactics in the West, leading to large-scale cattle seizures and a disruption of life for ranchers that had utilized public lands for decades prior.

While the press has showered attention on Cliven Bundy, a polarizing man who prompted a tense standoff between Bundy's well-armed militia supporters and federal police, the struggle between ranchers and the BLM is much broader.

In 1994, Clinton Interior Secretary Bruce Babbitt rushed through a total overhaul of cattle and sheep grazing regulations on over 260 million acres of land that was managed by the BLM and Agriculture Department's U.S. Forest Service, The Washington Post reported.

The 1994 “Rangeland Reform” regulations included doubling the current fees charged to ranchers for public forage and further environmental rules to prevent “overgrazing.” Opponents noted that in the runup to the new regulations, the National Academy of Scientists – a preeminent scientific authority on which federal agencies rely for expert analysis – had issued a report concluding so little was known about the condition of U.S. range lands that the new standards were essentially a shot in the dark. But Babbit forged ahead anyway.

At the time, former-Sen. Pete Domenici ripped the plan, a version of which he had defeated in Congress when it was a legislative proposal the year before. "The last thing we should do is hurry decisions that have far-reaching effects on western states," he said.

Underlying the move to raise fees was BLM's view that the fees on public lands were too low – much lower than fees to graze on private land, for example.

But as Heather Smith Thomas, an Idaho rancher, noted in a 1994 article in Rangelands, a peer-reviewed academic journal, the private grazing fees were artificially high because the government owns so much land in the West.

“What many people do not understand is that the ‘low’ fee is just one small portion of the rancher's many costs in using public land. The total costs amount to much more than renting private pasture, yet the rancher is locked into this situation, totally dependent on the public range. He can't just walk away if the fee gets too high, and rent pasture elsewhere; there is not sufficient private pasture available,” Thomas wrote.

The new fees imposed upon ranchers in the 90’s were skewed, according to Thomas, because the fee was based on private land lease rates, but private lease rates were high due to the scarce availability of private land and the lack of regulations on private land compared to federally owned land.

Thomas noted the“BLM states that "land treatment solely oriented toward meeting livestock forage requirements will be discontinued". Additionally the reforms have less emphasis on grazing, “yet the BLM wants to charge the rancher more for something that is being made much more difficult to use.”

Before the Babbit rule, fees were based on a formula that reflected annual changes in the costs of production.

“All the legislative history involving FS and BLM fees show that grazing fees were intended to be based on the rancher's ability to pay, not on some arbitrary value of forage or budget needs of the administrative bureau,” Thomas said of the 1978 legislation.

Ranchers found themselves in court for years fighting the BLM immediately following 1994 regulations.
Idaho Republican Congresswoman Helen Chenoweth-Hage and her husband Wayne Hage, lost their grazing permit on their Nevada ranch property for federal lands in 1991, when the federal government refused to renew it. This incident started a 20-year battle with the BLM. The government also denied access to the Hage family’s water rights, which pre-dated the implementation of the 1934 Taylor Act’s grazing permit requirement, by not allowing access to streams and wells. Eventually, the agency built fences around any water source, so the cattle could not drink. The BLM seized Hage’s cattle and filed a civil trespass action against Hage.

A little over twenty years later, however, seven years after Hage and his wife died, Hage’s children, Wayne Jr. and Ramona Morrison Hage won a victory for the family in court.

Last May, U.S. District Court Judge Robert C. Jones ruled that “the government and the agents of the government in that locale, sometime in the ’70s and ’80s, entered into a conspiracy, a literal, intentional conspiracy, to deprive the Hages of not only their permit grazing rights, for whatever reason, but also to deprive them of their vested property rights under the takings clause, and I find that that’s a sufficient basis to hold that there is irreparable harm if I don’t … restrain the government from continuing in that conduct.”

Judge Jones found the government’s demand for trespass fines and damages from innocent ranchers to be “abhorrent to the Court and I express on the record my offense of my own conscience in that conduct. 

That’s not just simply following the law and pursuing your management right, it evidences an actual intent to destroy their water rights, to get them off the public lands.”

Jones went further and accused federal government personnel of racketeering under the federal RICO (Racketeer Influenced and Corruption Organizations) statute, and accused them of extortion, mail fraud, and fraud, in an attempt “to kill the business of Mr. Hage.”

Morrison Hage, a member of the Nevada Agriculture Board, told Breitbart News that “In the west our governors almost conduct themselves as if they’re a colonial governor and as if they’re only governor over the private land, adding “They take their hands off the steering wheel even though all state power emerge from the state. They take their hands off the steering whenever there’s anything to do with federal land management.”

Harvey Frank Robbins became a Wyoming dude ranch owner in 1994, after buying a piece of land in the state, but Robbins troubles began soon after his purchase. He told Live Stock Weekly, "The government — the Forest Service, the BLM and the Wyoming Game and Fish Department — were trying to buy the ranch," he explains. "They had these plans of grandeur of having this sanctuary of elk and trout fishing and all the things they could do. Then this guy from Alabama comes in at the last minute, not knowing any of this, and buys this ranch."

Robbins accused BLM employees of trying to force him to renew an easement to the point of almost putting him out of business. When Robbins refused to do so, according to his lawyer, Karen Budd Falen, BLM employees broke into his house and demanded to be allowed on to his property without a court order, among other things. While Robbins won victories in lower courts, a RICO case against the BLM employees eventually went before the Supreme Court in 2006, where the majority ruled the BLM agents were not liable for the alleged actions against Robbins.

Justice David Souter wrote opinion for the majority, stating, “Souter wrote that "we think [that] any damages remedy for actions by Government employees who push too hard for the Government's benefit may come better, if at all, through legislation."

Legislative changes could very well happen in the near future. New legislation to reform how much land the government does own could be headed to Capitol Hill. The meeting of western lawmakers in Utah last week signaled such a plan. Additionally, Texas Attorney General Greg Abbott announced the Lone State’s plan to defend its own land from BLM seizures. 

Saturday, April 26, 2014

This Black Does Not Think Bundy is Racist

April 26, 2014
By Lloyd Marcus 

 Pick a card, any card.  Racist.  Sexist.  Homophobic.

We all knew it was only a matter of time before Democrats/liberals played one or more of their Big Three Cards to silence, intimidate, and crush opposition to their latest power-grab/tyrannical attack on our freedom.

With a majority of Americans taking rancher Cliven Bundy's side against Obama's BLM thugs, Democrat Harry Reid concluded that it was time to play the old tried-and-true race card.  As Gomer Pyle use to say, “surprise, surprise.”  We knew it was coming.

This is how the left rolls.  When America rallied around Duck Dynasty star Phil Robertson after being targeted for destruction by the left, the left played a twofer on Robertson, accusing him of being homophobic and a racist.

Thank God it did not work.  Coming to Robertson's defense, conservatives played their ultimate trump card, which overruled all the left's lies, distortions, and evil intent.  Our ultimate weapon is the Truth & Righteousness Card.  I believe that boldly and confidently standing up for truth and righteousness always defeats evil.  And make no mistake about it: the Democrat, liberal, progressive, and socialist agenda is evil.

The left's vision for America is counter to the Will of God and the human spirit.  Their anti-God agenda places man on the throne as the ultimate power, able to fix everything – the environment, income inequality, equal outcomes, and everything under the sun via legislation.  The Bible says, “The fool says in his heart that there is no God.”

...Not to wander too far off-topic.  Back to the left's nonsensical allegation that Bundy is a racist.

Any decent, fair-minded human being would understand that Bundy was condemning the slavery of government dependency in his comments regarding negros.  The elderly gentleman is a rancher who is not media-savvy, nor is he schooled in the nuances of political correctness.

The left are not decent human beings.  Their bully minions went on high alert, viciously in pursuit of a “gotcha” comment to squelch Bundy's proven leadership and ability to inspire millions to push back against the Obama regime.

Prominent conservatives running for the tall grass to get away from or running to microphones to denounce Bundy is testimony to their fear of the left's high-tech lynching machine.  It truly sickens me.

I hate allowing jive-turkey leftist bullies to push us around.  Rather than conservatives fighting back, far too many cower in fear and allow the left to proclaim what is considered racist.  It reminds me of the schoolyard when I was a kid.  The only way to defeat bullies, or at least gain their respect, was to punch them in the face.

Before a leftist hack accuses me of advocating violence, I am talking about “politically” delivering a hard left hook to the left's jaw by standing up for Bundy.

Mr. Bundy spoke the truth about cradle-to-grave government dependency wreaking havoc in the black community.  We all know this.  But any white person who dares to acknowledge the huge elephant in the black community's living room is vilified and branded a racist – Bill O'Reilly, Congressman Paul Ryan, and now Cliven Bundy.  Meanwhile, black families continue to suffer and vote monolithically for Democrats who vow to fix their problems but never do.

Black relatives of mine (several died young) lived wasted lives because they were addicted to government dependency.  They were Democratic Party slaves, enslaved with chains far more powerful than steel.  They suffered mental and emotional slavery.  My relatives were robbed of the self-esteem, pride, and joy of individual achievement and earning one's way.

Democrats and liberal media, I trump your race card against Bundy with my Truth & Righteousness card. 

 You lose!  Go peddle your despicable, divisive, and evil crap elsewhere.

I am a black conservative whose admiration and respect for Cliven Bundy remains unwavering.  Mr. Bundy, 

I along with millions of good, decent Americans have your back.  Hang in there, my patriot brother.  God bless.

Eye-opening black Marine letter makes powerful case for why Bundy is not a racist

April 26, 2014
by

Charlie Delta with Bundy

 Now that the dust has cleared over Nevada rancher Cliven Bundy’s “Blacks would be better off as slaves” remark, how does the conservative black community feel?

Kevin Jackson, editor of The Black Sphere, published this eye-opening letter from a black Marine using the name Charlie Delta, which when distilled to its essentials, says Bundy is no racist. It reads:
The media distorts information to the point of social division. This is a photo of myself and the resilient, often charismatic, and maybe not so tactful Cliven Bundy. He’s a cowboy and a helluva family man, not an orator.
One thing he definitely isn’t – a racist. I found his comments to not only be NOT racist, but his own view of his experiences. Who the heck are we to determine another man’s perspective on the world around him?! Just because Picasso’s view of the world was abstract, does it negate the fact that his art was genuine?
Furthermore, if you take the time to do your own research, you’ll find that his statements about some black Americans actually hold weight. He posed a hypothetical question. He said, “I wonder IF” … Hell, I’m black and I often wonder about the same about the decline of the black family.
Bottom line is that we are all slaves in this waning republic, no matter our skin color. Mr. Bundy could have used any racial demographic as an example: Native Americans on reservations, whites in trailer parks, etc. He noticed the crippling effects of receiving government “assistance” and the long term result of accepting handouts.
It’s not progress at all. I challenge Sean Hannity, Rand Paul, and others to read my comment and reconsider their position in this matter. Individual liberties are at stake here, yours and mine. THAT is the issue.
Don’t let the liberal media and ignoramuses like Glenn Beck and that weasel Harry Reid make you lose sight of the real issue here: The federal government is a burgeoning behemoth and a bully on a once constitutional playground.I sincerely hope you real patriots out there who can see through the smoke.
Semper Fidelis
Bundy isn’t exactly a man of letters, nor of tact. But he’s become a symbol of liberty against a tyrannical government.

Bizpac

Wayne LaPierre at NRA Forum: Expect 'Bare-Knuckled Street Fight' for American Freedom


26 Apr 2014

Watch the entire video of Wayne LaPierre below.


 INDIANAPOLIS, Indiana—Wayne LaPierre, the long-serving CEO of the National Rifle Association of America, rallied the troops on Friday with a broad-based liberty theme that made gun rights the centerpiece of what makes America the greatest nation on earth, telling NRA members to gird their loins for a “bare-knuckled street fight.” The NRA is known for focusing on the Second Amendment right to keep and bear arms—and with it, every aspect of America's firearms heritage. The NRA’s strength in political battles comes in large part from its ability to hold together a broad coalition of hunters, competitors, political activists, and others from both political parties and independents.



Yet at Friday’s Leadership Forum for the NRA’s Institute for Legislative Action (ILA) in Indianapolis, LaPierre tied the Second Amendment to other American rights and the values that set America apart on the world stage. At one of the first events of the NRA’s 143rd Annual Meeting—which should draw over 70,000 NRA members to the Hoosier state—he touched upon First Amendment rights and constitutional limits on government, speaking of threats to “our right to speak, our right to gather, our right to privacy." He spoke, too, of "the freedom to work, and practice our religion, and raise and protect our families as we see fit.”

Citing a litany of conservative grievances over the past couple years, LaPierre denounced a wide range of policies of the Obama administration.
 “They try to regulate our religion. They collect our cell phone and email data. They give us Solyndra, Benghazi, Fast and Furious, Obamacare, massive unemployment, a debt that will choke our grandchildren, and one executive order on top of another,” he said.

“The IRS is now a weapon,” LaPierre added, pivoting to a number of recent government abuses. “It’s why a majority of Americans, in poll after poll, say we don’t trust the White House, we don’t trust Congress, we don’t trust either national party. And we sure as heck don’t trust the national news media!”

But back in his wheelhouse of gun rights, LaPierre showcased his characteristic style of unyielding support for the Second Amendment. Speaking of “the God-given right of good people to protect themselves,” LaPierre promised, “the NRA stands unflinching and unapologetic and in defense of our freedom. NRA’s 5 million members and America’s 100 million gun owners will not back down—not now, not ever!”

He warned that the upcoming elections would be a no-holds-barred melee, a “bare-knuckled street fight” in which NRA members needed to fully engage. As one of the most successful political field generals in America, LaPierre is known for a hard-hitting style more suited to hand-to-hand combat leading up to Election Day.

LaPierre acknowledged that NRA members face a pitched battle against well-funded opponents who enjoyed the full backing of President Barack Obama and his administration. He also said that all this is part of “laying the groundwork to put a Clinton back in the White House.”
In the face of the Left’s resources, LaPierre vowed to the crowd at Indianapolis’ Lucas Oil Stadium, “But mark my words: The NRA will not go quietly into the night. We will fight.”

Ken Klukowski is senior legal analyst for Breitbart News. Follow him on Twitter @kenklukowski.

Big Government

Tuesday, April 22, 2014

Unmasking the Imperial Presidency

 
22 Apr 2014


 "Imperial Presidency" perfectly describes what the Obama administration has become as it increasingly violates the limits on its power defined by the U.S. Constitution. Criticisms of how President Obama is overstepping his authority are now being heard from all sides of the political spectrum. A remarkable 33-page report posted on the Internet by the Majority Leader of the House, Eric Cantor, proves how imperial the Obama administration has become. This easy-to-read report, which can be downloaded by anyone, details dozens of examples of how the current occupant of the White House is exercising powers the Constitution doesn't give him.

This report accurately explains that "there is no excuse for this continuous disregard of legislative authority and the Constitutionally-required separation of powers." Yet President Obama and some Democrats even brag about their Imperial Presidency: "the President has proudly acknowledged that he has acted without Congress, contending that he has no other alternative."

Examples of Obama overstepping congressional authority include his creation of new laws outside of the legislative process. In direct violation of the fact that the Constitution vests "all" federal legislative powers in Congress, Obama has attempted to impose onerous, new global warming regulations on businesses costing billions of dollars and many lost jobs, despite the widespread discrediting of liberal hysteria claiming a global warming crisis.

Rep. Cantor's online report also explains how President Obama has been "ignoring the plain letter of the law and failing to faithfully execute the laws." In direct violation of the successful, bipartisan 1996 Welfare Reform Act, Obama unconstitutionally waived the modest work requirements for people who receive welfare handouts.

The work requirement in the federal law is an essential protection against abuse of the welfare system, but Obama simply ignored the law and removed the work requirement on his own say-so. Tamerlan Tsarnaev, the lead perpetrator of the Boston Marathon bombing, was reportedly supported by state welfare benefits even though he was trained to be a terrorist intent on murdering Americans.

Eric Cantor's report describes how Barack Obama has repeatedly violated immigration law. Obama acted "systematically, on an ongoing basis, [to] block illegal aliens from being placed into removal proceedings, stop already-initiated removal proceedings, and end deportations for potentially large numbers of criminal aliens."

For years Obama refused to stand up for the Defense of Marriage Act (DOMA), the important bipartisan federal protection for traditional marriage that was overwhelmingly passed by Congress and signed by President Bill Clinton. Then he instructed Attorney General Holder not to defend DOMA in court even though the Constitution makes it the duty of the President to "take care that the laws be faithfully executed."

The Obama administration has adopted a new kind of imperial presidency known as Government by Waiver. Obama issued numerous waivers of statutory provisions in Obamacare in an attempt to get the Democrats past the next election.

Obama has already issued waivers to at least 35 states from the impossible-to-meet targets of the now-expired No Child Left Behind law on condition that the states adopt the hated Common Core standards.

Without any constitutional authority, the Democrat-controlled Congress created "super agencies" in 2010 whose immense powers are exempt from Congressional or judicial oversight. The 15-member Independent Payment Advisory Board (IPAB) is a "death panel" with the power to decide which health care services will be reimbursed by Medicare, and the Consumer Financial Protection Bureau (CFPB) has power to "withdraw hundreds of millions of dollars from the Federal Reserve to support its operations."

As solutions to the problem of the Imperial Presidency, Cantor's online report offers two new laws: the Faithful Execution of the Law Act (H.R.3973) and the ENFORCE the Law Act (H.R.4138). The first would require federal officials who refuse to enforce a federal law to inform Congress and provide a reason; the second would enable the House or Senate to sue the Obama administration to compel it to faithfully implement the law, with expedited review by the courts.

These measures are a good first step, but the House needs to more effectively use its constitutional control of the purse-strings and its exclusive power to propose revenue-raising laws. The House can hold hearings so Americans will know how the Imperial Presidency is using taxpayers' money to violate the Constitution and advance a leftwing agenda.

The House can also pass more bills to reduce funding for specific federal operations. Such actions by the House can lay the groundwork for the election of a Republican Senate in the fall so a new Congress will be positioned to halt more dangerous erosion of the Constitution by the Imperial Presidency.

Phyllis Schlafly is a lawyer, conservative political analyst and author of 20 books. She is the co-author, with George Neumayr, of the New York Times Best-Seller titled No Higher Power: Obama's War on Religious Freedom. She can be contacted by e-mail at phyllis@eagleforum.org. To find out more about Phyllis Schlafly and read features by other Creators Syndicate writers and cartoonists, visit the Creators Syndicate Website at www.creators.com.

Big Government