BLM Had NO Legal Authority at the Bundy Ranch

Speaking on the House of Representatives floor on September 17, 1997, then-Rep. Ron Paul warned of the “massive buildup of a virtual army of armed regulators.” Paul, the chairman and founder of RPI, proceeded to comment in his speech that, with the number of armed federal employees approaching 60,000, the Secretary of the Interior was pushing for even the Bureau of Land Management to be armed. With the continuing rise of SWAT over the following 16 years, the number of armed US government employees continued to grow. According to the bulletin Federal Law Enforcement Officers, 2008 of the Bureau of Justice Statistics, by September of 2008 “federal agencies employed approximately 120,000 full-time law enforcement officers who were authorized to make arrests and carry firearms in the United States,” with 255 of them working for BLM. [Adam Dick, Ron Paul Institute, April 28, 2014]

The 2nd Amendment to the Constitution was created as a way to prevent government or anyone else from removing the God-given right of self-protection: "A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.” The Founding Fathers of our country new that this was a requirement of the new government, and placed it at a high priority, just behind the freedom of speech. [Source]

“No free man shall ever be debarred the use of arms. The strongest reason for the people to retain the right to keep and bear arms is, as a last resort, to protect themselves against tyranny in government.” – Thomas Jefferson

"A free people ought not only to be armed and disciplined, but they should have sufficient arms and ammunition to maintain a status of independence from any who might attempt to abuse them, which would include their own government.” – George Washington

"None but an armed nation can dispense with a standing army. To keep ours armed and disciplined is therefore at all times important." --Thomas Jefferson, 1803

“Firearms stand next in importance to the Constitution itself. They are the American people's liberty teeth and keystone under independence. The very atmosphere of firearms everywhere restrains evil interference.” -- George Washington

“The beauty of the Second Amendment is that it will not be needed until they try to take it.“ – Thomas Jefferson

“When governments fear people, there is liberty. When the people fear the government, there is tyranny.” – Thomas Jefferson

Why BLM Had NO Legal Authority at the Bundy Ranch

April 20, 2014

TLB - This is a detailed analysis from one of our information gatherers within the Coalition of Western States. It addresses in detail why the actions of the BLM were lawless and unconstitutional. This may not be a sensational read, but it’s important the facts get out and this covers it well.

Many have attempted to share that the BLM acted in a capricious and unconstitutional manner, and the administrative agency was well outside the bounds of the Rule of Law. See below for additional insights offered by U.S. Congressman Steve Stockman (R-TX). I highlighted the U.S. Federal Statute that is salient.

After the federal Bureau of Land Management agents backed down from their intimidating stance at the Bundy Ranch last weekend, ample evidence has surfaced indicating the standoff between the government and the Nevada ranching family is far from over. Throughout the week long stalemate, members of the Bundy family were physically assaulted by armed officers, numerous cows were shot dead, and protesters faced threats of gunfire for merely expressing their outrage.

Immediately after what many considered a victory against a tyrannical federal agency, a number of leftist voices – most notably, Sen. Harry Reid – indicated the action against this family will continue.

In response, Texas Republican Rep. Steve Stockman sent a letter to Barack Obama, Department of the Interior Sec. Sally Jewell, and BLM Director Neil Kornze, laying out his position that any such action by the agency would violate the U.S. Constitution.

“Because of this standoff,” he wrote, “I have looked into BLM’s authority to conduct such paramilitary raids against American citizens, and it appears that BLM is acting in a lawless manner in Nevada.”

He cited the limited powers granted to the federal government, noting the bureau has no “right to assume preemptory police powers, that role being reserved to the States,” and explained “many federal laws require the federal government to seek assistance from local law enforcement whenever the use of force may become necessary.”

The letter included a section of the U.S. Code — 43 U.S.C. Section 1733, Subsection C — stating exactly that point.

“When the Secretary determines that assistance is necessary in enforcing Federal laws and regulations relating to the public lands or their resources he shall offer a contract to appropriate local officials having law enforcement authority within their respective jurisdictions with the view of achieving maximum feasible reliance upon local law enforcement officials in enforcing such laws and regulations.”

In the case of the Bundy Ranch, he continued, “the relevant local law enforcement officials appear to be the Sheriff of Clark County, Nevada, Douglas C. Gillespie.”

Gillespie, however, conspicuously took a back seat to BLM forces during the standoff.

“Indeed,” Stockman wrote, “the exact type of crisis that the federal government has provoked at the Bundy ranch is the very type of incident that Congress knew could be avoided by relying on local law enforcement officials.”

The stated purpose of the correspondence is for the Obama administration “to bring the BLM into compliance with 43 U.S.C. section 1733.”

Absent a full investigation into the agency’s actions, he concluded, “the federal government must not only stand down, but remove all federal personnel from anywhere near the Bundy ranch.”

Legislators and law enforcement personnel have stood alongside state militia members and the Bundy family in opposing the excessive force employed by the BLM. Stockman’s letter adds even more weight to the growing sentiment against the federal overreach.

Bundy Ranch Family Must Be Protected from a Tyrannical Government

Supporters gather to defend Bundy ranch in Nevada from feds

“No cow justifies the atmosphere of intimidation which currently exists nor the limitation of constitutional rights that are sacred to all Nevadans.” - Nevada Gov. Brian Sandoval

April 12, 2014

 

RT.com - An intense showdown in the state of Nevada between a family of ranchers and federal agents continues to escalate after a longstanding land dispute two decades in the making came to a head earlier this month.

As RT reported earlier this week, hundreds of armed agents with the United States Bureau of Land Management and the Federal Bureau of Investigation have descended on the Clark County, Nevada ranch of 67-year-old Cliven Bundy to execute the court-ordered confiscation of nearly 1,000 cattle, according to his family, which the US government says have trespassed on federal property.

The Washington Free Beacon newspaper reported on Monday this week that 234 of the 908 cattle had been wrangled up by government agents and their contractors, and news of the dispute has since further propelled the story into the national spotlight.

Now it’s been reported that local cowboys have retrieved some of the confiscated cattle, and supporters of the Bundy ranch from around the region have flocked to Nevada to stand by their side.

Since the Beacon first reported on the standoff earlier the week, tensions have only worsened in Clark County. Video emerged online on Wednesday of the rancher’s son, Ammon Bundy, bloodied after being shocked by an electric Taser used by authorities, and Desert News reported that, according to Cliven Bundy, his own sister was knocked to the ground by officials moments before cameras began to roll. 

One witness, according to the Las Vegas Review-Journal, told reporters that “Serious bloodshed was narrowly avoided” as a pregnant woman was also roughed up during the ordeal.

"We never did have any hand-to-hand combat this morning or up to his time," Mr. Bundy told the newspaper on Thursday afternoon. "But there's like 200 armed military people on my ranch. That's pretty bad to have that much armed force against American people."

Signs sit at the entrance of a ranch protesting against the Bureau of Land Management's (BLM) decision to temporarily close access to thousands of acres of BLM land to round up illegal cattle that are grazing, south of Mesquite, Nevada, April 7, 2014. (Reuters / George Frey)

Countering those personnel are supporters of the Bundy ranch who say the family must be protected from a tyrannical government.

“We need to be the barrier between the oppressed and the tyrants,” Ryan Payne told the Review-Journal. “Expect to see a band of soldiers.”

Payne and other supporters drove from as far away as 12 hours outside of Clark County to come stand by the ranchers’ side, the paper reported, and have received the blessing of well-organized militias from within the region. Payne, a member of the West Mountain Rangers, is also the coordinator of what he described to the paper as being a national association composed of state militias.

According to a notice posted to the Federal Aviation Administration a no-fly zone was enacted for a 3-square-mile area around the site of the Bundy's ranch. That advisory would remain in effect from April 11 until May 11.



Several US senators and the state of Nevada this week also criticized what has been called the result of an “overreaching” agency acting overzealously, but federal officials say the rancher’s cattle are simply not allowed to roam on the disputed land, which the government insists is federal property. According to the BLM, Bundy owes around $1 million in fees that he’s incurred since 1993 when he lost his grazing permit for the chunk of land that had been in his family since the 1870s.

"I would pay my grazing fees to the proper government, which I would say is Clark County, Nevada," he added to the Deseret News on Thursday.

"I don't believe I owe one penny to the United States government," Bundy said. "I don't have a contract with the United States government."

That same day, Bundy’s son Ammon told reporter David Knight that a group of around 20 cowboys had entered the disputed land and quickly retrieved roughly 30 cattle before the federal official could respond.

“We gathered about 30 head,” he said. “We did have a small confrontation with them, but they didn’t have the forces to do a whole lot. They couldn’t mobilize fast enough and we were able to gather those cattle and get them to the ranch.”

Amy Leuders, the director of the BLM's Nevada office, told reporters on Thursday that authorities have been moving in only as a “last resort” resulting from 20 years of Bundy’s noncompliance with regards to paying grazing fees.

According to Leuders, cattle caught trespassing on the federal land will be sold at auction.

Nevada officials blast feds over treatment of cattle rancher Cliven Bundy

Cliven Bundy said his family's herd has always grazed on public land. (Courtesy Bundy Ranch)

April 10, 2014

FoxNews.com - Two of Nevada’s top elected leaders are riding to the rescue of a rancher whose decades-long range war with the federal government has reached a boiling point in recent days.

The federal Bureau of Land Management has surrounded the Clark County ranch of Cliven Bundy with armed officers, helicopters and four-wheel drive vehicles. Last week, they began seizing cattle found grazing on adjacent federal lands in violation of a law meant to protect an endangered desert tortoise.

Both Gov. Brian Sandoval and Sen. Dean Heller have condemned the BLS for what they characterize as heavy-handed actions involving Bundy and other Silver State residents.

“No cow justifies the atmosphere of intimidation which currently exists nor the limitation of constitutional rights that are sacred to all Nevadans,” Sandoval, a Republican, said. “The BLM needs to reconsider its approach to this matter and act accordingly.”

Heller, also a Republican, said he told BLM Director Neil Kornze the situation is being handled poorly:

“I told him very clearly that law-abiding Nevadans must not be penalized by an over-reaching BLM,” Heller said.

Bundy, 67, who has been a rancher all his life, told FoxNews.com last week he believes the federal agency is trying to push him to the breaking point and likened his situation to the 1993 disaster in Waco, Texas, in which federal and state law enforcement agencies laid siege to a compound of religious fanatics calling themselves Branch Davidians, a move that resulted in the deaths of 76.

“This is a lot bigger deal than just my cows,” Bundy told FoxNews.com. “It’s a statement for freedom and liberty and the Constitution.”

The fight involves a 600,000-acre area under BLM control called Gold Butte, near the Utah border. The vast and rugged land is the habitat of the protected desert tortoise, and ranchers whose cattloe graze there must pay fees. Bundy, a descendant of Mormons who settled in Bunkerville more than 140 years ago, claims an inherent right to graze the area and casts the conflict as a states' rights issue. He said he doesn't recognize federal authority on land that he insists belongs to Nevada.

BLM spokeswoman Kirsten Cannon said agents on Saturday and Sunday rounded up 134 of an estimated 900 trespassing cattle in a vast 1,200-square-mile area of rangeland northeast of Las Vegas and the Lake Mead National Recreation Area. Cannon said the roundup was a last resort and blamed Cliven Bundy for "inflammatory statements," including vows to fight and characterizations of the cow removal as a range war.

"Mr. Bundy has been in trespass on public lands for more than 20 years," Cannon said, adding that he owes the federal government some $1.1 million in unpaid grazing fees.

The bureau last week announced the area would be closed through May 12 while contractors conduct the roundup using helicopters, vehicles and temporary pens. Cannon said the agency paid the contractors $966,000.

Bundy's son, Dave Bundy, 37, was arrested Sunday for refusing to disperse as the roundup began, but freed the next day.

Federal officials tried to round up Bundy's livestock two years ago, but he refused to budge. Since then, he has lost two federal court rulings — and a judge last October prohibited him from physically interfering with any seizure or roundup operation.

Federal officials said BLM enforcement agents were dispatched in response to statements Bundy made that the agency perceived as threats.

“When threats are made that could jeopardize the safety of the American people, the contractors and our personnel; we have the responsibility to provide law enforcement to account for their safety,” National Park Service spokeswoman Christie Vanover told reporters Sunday.

The trouble started when Bundy stopped paying grazing fees in 1993. He said he didn't have to because his Mormon ancestors worked the land since the 1880s, giving him rights to the land.

“We own this land,” he said, not the feds.

He said he is willing to pay grazing fees but only to Clark County, not BLM.

“Years ago, I used to have 52 neighboring ranchers,” he said. “I’m the last man standing. How come? Because BLM regulated these people off the land and out of business.”

Related:  

Sen. Harry Reid Behind BLM Land Grab of Bundy Ranch