Say what you will about Donald Trump, he’s certainly turning out to be a man of his word. Especially when it comes to righting the heavy-handed injustices of the previous administration. Such was the case yesterday, when he issued a federal pardon for Oregon ranchers Dwight L. Hammond, Jr., 76, and his son Steven Dwight Hammond, 49.
In a May 19th appeal to President Trump, William Perry Pendley (president of Mountain States Legal Foundation in Denver) laid out the particulars of this unfortunate travesty, a case which was the flash point that led to the infamous Bundy standoff in Nevada (another federal debacle) ~
The Hammonds are the victims of one of the most egregious, indefensible and intolerable instances of prosecutorial misconduct in history […]
The Hammonds’ crime? They set a legally permissible fire on their own property, which accidentally burned out of control onto neighboring federal land. Normally, that is an infraction covered by laws governing trespassing, and the guilty party is subject to paying for damages caused by the fire – if the neighboring land belongs to an ordinary citizen.
But not when a vindictive federal government is involved […]
Like most Western ranches in federally dominated counties, the Hammond Ranch holds grazing rights on nearby federal land. In this case, that is 26,421 acres managed by the Bureau of Land Management of the U.S. Department of the Interior.
In the “high desert” environment of Harney County – and throughout the West – federal, state and private landowners use controlled or prescribed burns for prairie restoration, forest management and to reduce the buildup of underbrush that could fuel much bigger fires.
But sometimes the controlled fires get out of control and sweep onto neighbors’ land. That is legally deemed a trespass, and the landowner who set the fire is liable for any damages.
Only the federal government has the power to cite the trespasser criminally for his or her actions. That is what happened to the Hammonds.
And our greedy federal government seems to have an insatiable appetite for privately-owned lands (at least when progressives are running things) –
The U.S. Fish and Wildlife Service has long coveted the Hammond Ranch for inclusion in its surrounding Malheur Wildlife Refuge. The federal agency pressured members of the Hammond family for decades to follow all of their neighbors in selling their property to the federal government.
This whole fiasco began with a couple controlled burns the ranchers set on their own land ~
In 2001, after alerting the Bureau of Land Management, the Hammonds set a legal fire to eradicate noxious weeds. It spread onto 139 acres of vacant federal land. According to a government witness, the fire actually improved the federal land, as natural fires often do.
In 2006, Steven Hammond started another prescribed fire in response to several blazes ignited by a lightning storm near his family’s field of winter feed. The counter-blaze burned a single acre of federal land. According to Steven Hammond’s mother, “the backfire worked perfectly, it put out the fire, saved the range and possibly our home.”
For these infractions, the Bureau of Land Management filed a report with Harney County officials alleging several violations of Oregon law. After a review of the evidence, the Harney County district attorney dropped all charges in 2006.
The thugs at the BLM refused to back down (Remember, these were the Obama years of weaponizing federal agencies against conservative, self-reliant types). In 2012 the Hammonds were tried and convicted under the ominous-sounding Antiterrorism and Effective Death Penalty Act of 1996(!) – for arson.
U.S. District Judge Michael Hogan wasn’t part of the BLM goon squad and declined to throw the book at the father and son ~
At sentencing, (he) concluded the fires did not endanger people or property. He declared that the law the Hammonds were convicted of violating was aimed at more serious conduct than their case involved.
Hogan added that the Hammonds had “tremendous” character, and stated that the Eighth Amendment to the Constitution – barring “cruel and unusual punishment” – justified a sentence below the statutory minimum sentence.
Consequently, Judge Hogan sentenced Dwight Hammond to three months in prison and his son to a year and a day. Both served their sentences and then returned home.
Incredibly, the authoritarian feds refused to accept these sentences ~
Federal prosecutors, contending the agreement did not bar them from further action, appealed to the Ninth U.S. Circuit Court of Appeals, which, without oral arguments, quickly issued a terse ruling reversing the Oregon federal district court.
“Given the seriousness of arson,” the appellate court ruled, “a five-year sentence is not grossly disproportionate to the offense.”
What?? Arson is intentional, a deliberate act to destroy. How was this arson? Let alone terrorism?
Pendley explains just what an outrageous abuse of prosecutorial authority this whole debacle has been ~
Congress passed the 1996 law under which the Hammonds were convicted in response to the 1993 World Trade Center bombing in New York City and the 1995 federal building bombing in Oklahoma City in order to “deter terrorism.” Lawmakers did not have in mind a rancher’s efforts to eradicate noxious weeds or to prevent the spread of a lightning fire onto valuable crops.
Thank God President Trump saw this egregious miscarriage of justice for what is was – and pardoned both Hammonds. Finally, they can go home to their families.
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Here’s part of the official statement from the Hammond Family after learning of the pardon ~
During this whole ordeal there has been a lot of false information in the media. Our family has already paid $400,000 related to the civil damages alleged by the government in this matter, in addition to the combine 7 years Dwight and Steven have spent in prison. We are hopeful that respected media outlets will use professional discretion and judgment before repeating false and misleading stories about the history of this legal ordeal. All of us have a duty to stand up for core American principles. Today, the President of the United States has blessed our family by doing so. As Susie said earlier this morning, “We’ve been waiting a long time” but today’s decision by the President, “is wonderful.” We are very anxiously looking forward to seeing Dwight and Steven home.
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Related:
Statement from the Press Secretary Regarding Executive Clemency for Dwight and Steven Hammond ~ Concludes with ~
Dwight Hammond is now 76 years old and has served approximately three years in prison. Steven Hammond is 49 and has served approximately four years in prison. They have also paid $400,000 to the United States to settle a related civil suit. The Hammonds are devoted family men, respected contributors to their local community, and have widespread support from their neighbors, local law enforcement, and farmers and ranchers across the West. Justice is overdue for Dwight and Steven Hammond, both of whom are entirely deserving of these Grants of Executive Clemency.
