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originally posted by: sean
a reply to: Xcathdra
The authorities are willing to let them go home in peace. They know whats going on. This country is on a runaway train.
THE COURT (THE HON. MICHAEL R. HOGAN, JUDGE PRESIDING): I am not going to apply the mandatory minimum and because, to me, to do so under the Eighth Amendment would result in a sentence which is grossly disproportionate to the severity of the offenses here. And with regard to the Antiterrorism and Effective Death Penalty Act of 1996, this sort of conduct could not have been conduct intended under that statute. When you say, you know, what if you burn sagebrush in the suburbs of Los Angeles where there are houses up those ravines? Might apply. Out in the wilderness here, I don't think that's what the Congress intended. And in addition, it just would not be -- would not meet any idea I have of justice, proportionality. I am not supposed to use the word "fairness" in criminal law. I know that I had a criminal law professor a long time ago yell at me for doing that. And I don't do that. But this -- it would be a sentence which would shock the conscience to me.
Today, the federal government oversees everything that happens on these lands: recreation, habitat and wildlife conservation, mining, logging, grazing and oil and gas drilling. It also foots the bill for managing them all, from compliance with environmental regulations to putting up signposts.
Some uses create profit, some provide entertainment and some protect the environment. By law, the federal government must balance all of these uses.
Land transfer bills, on the other hand, are motivated primarily by profit. Supporters decry the fact that federal regulations prevent them from taking full advantage of the natural resources on public lands and say that these lands need to be used to grow the economy and provide a bigger tax base.
States cannot afford to manage this much public land unless they open more of it to natural resource extraction. This is what a report commissioned as part of Utah’s land transfer law found: For Utah to be able to generate the money it needs to manage 31 million more acres, it would have to increase drilling and mining. And it would need to demand 100 percent of the royalties from extraction (Utah currently splits mineral royalties 50-50 with the federal government). ..
The majority of Western voters oppose land transfers, according to a poll commissioned by the progressive Center for American Progress and performed by nonpartisan pollsters. Of the eight states surveyed, Utah was the only state where a majority of voters supported land transfers (52 percent).
Land transfer supporters also argue that these lands belong to each individual state’s residents, not all Americans. But most Westerners don’t believe that, according to a new poll from Colorado College. It found two-thirds of Western voters believe public lands belong to all Americans, not just state residents.
originally posted by: Phage
a reply to: Dragoon01
Thats why the original judge ruled that the crimes they were charged with (terrorism) were not justified with 5 years of incarceration.
They were not charged with terrorism. They were charged with arson on federal property. The minimum sentence for arson on federal property is 5 years. The first judge did not have the authority to reduce the minimum sentence so they were resentenced.
Whether or not the original conviction (arson) was valid is moot. They were convicted.
And now, Bundy is taking advantage over the controversy about the resentencing to promote his own agenda.
originally posted by: Flyingclaydisk
a reply to: desert
I am a cattle rancher, so I have a vested interest in this topic for a number of reasons. We don't presently ranch on federal land (BLM, etc.). We own all of our land. However, there could come a time in the future when we're interested in exploring options on federal land. I say this because of what I'm about to say next...
Just playing the devil's advocate for a moment; at face value recent events like Bundy and now Hammond seem a travesty and the argument for states to assume custodianship of federal land has some traction. However, historically people (especially mining) have severely abused federal land and left colossal messes for others to clean up. Mining is big in this state, and some of the old mining claims here have left the state and federal government with HUGE cleanup bills (toxic wastes, etc.). So while there is a credible argument for economic development, there is also a downside from people who are irresponsible with the land they have use of. Ranchers are not exempt from this. I don't harbor much faith in the federal government's ability to administrate much of anything, but when you consider things like cleaning up ecological disaster areas a state may not have the ability to do this...and as a result may not do it.
Again, I don't have a position right now; I am still researching the issues, but it's important to understand both sides of the coin.
originally posted by: Dragoon01
Thats a great point but its in support of the arguement that there should be very little "Federal Land". People who do not own the land have less regard for it than if they owned it personally. So put the land back in private hands and you get less abuse of it.
originally posted by: Balans
I can not understand that many of you find it normal for the Hammonds to be resentenced when it is clear that the judge that was most intimate with the case could not with a clear conscience subject them to a 5-years minimum. Again, a judge with 39 years experience in sentencing....
THE COURT (THE HON. MICHAEL R. HOGAN, JUDGE PRESIDING): I am not going to apply the mandatory minimum and because, to me, to do so under the Eighth Amendment would result in a sentence which is grossly disproportionate to the severity of the offenses here. And with regard to the Antiterrorism and Effective Death Penalty Act of 1996, this sort of conduct could not have been conduct intended under that statute. When you say, you know, what if you burn sagebrush in the suburbs of Los Angeles where there are houses up those ravines? Might apply. Out in the wilderness here, I don't think that's what the Congress intended. And in addition, it just would not be -- would not meet any idea I have of justice, proportionality. I am not supposed to use the word "fairness" in criminal law. I know that I had a criminal law professor a long time ago yell at me for doing that. And I don't do that. But this -- it would be a sentence which would shock the conscience to me.