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Browsing the blog archivesfor the day Sunday, February 26th, 2017.

Bundy: Malheur Refuge Second Trial — Judge stops reporter from testifying

Bundy Battle - Nevada, Bureau of Land Management, Constitution, CORRUPTION, Courts, CRIMINAL, Federal gov & land grabs

Redoubt News.com

February 25, 2017

Malheur II – Judge Stops Reporter From Testifying

by Shari Dovale

In January 2016, former OPB reporter John Sepulvado, now with KQED in California, interviewed protest leader Ryan Bundy about the “hard stand” taken at the Malheur Wildlife Refuge.

Prosecutors wanted to call Sepulvado to the stand to authenticate the interview and have it admitted into evidence. Attorney Duane A. Bosworth, representing Oregon Public Broadcasting and Sepulvado, argued against the subpoena citing First Amendment protections, saying that forced testimony would “chill future sources, even nonconfidential ones”.

Judge Anna Brown was surprised at the government’s stance that no journalistic privilege exists to protect a reporter from having to testify in a federal criminal case. “I’m starting with the premise that there is a journalist’s privilege under federal law,” Judge Brown said.

But she has not taken that same stance in regard to journalist Gary Hunt. She has ordered Hunt to appear in her court as she intends to dictate what he is allowed to publish, and what he is not allowed to publish. It is also unclear as to whether she will attempt to force him to reveal his sources.

Assistant U.S. Attorney Geoffrey Barrow argued that the government wasn’t asking Sepulvado to disclose a confidential source.

Defense lawyer Jesse Merrithew, representing Jake Ryan, argued that “This is not an interview. This is a story that was editorialized by OPB to tell the news from their perspective.”

Judge Brown seems to want to force the defense to call Ryan Bundy to discuss the interview. However, this would violate his rights, as he is still under indictment in the Nevada Bunkerville trial. Additionally, the charge of theft of FBI surveillance cameras against Mr. Bundy resulted in a hung jury, which has yet to be dealt with.

Judge Anna Brown granted Bosworth’s motion to quash the subpoena.

I am a strong supporter of the first amendment. I believe in Freedom of the Press, and do not want my rights as a journalist to be thrown aside by any court.

In that respect, I agree with Judge Anna Brown.

My problem with the case is that Judge Brown is picking winners and losers. She has trampled on the US Constitution more times than any other judge that I have seen. She has denied Constitutional rights to the defendants, including, but not limited to, the right of bail.

The government has also claimed that a ‘redress of grievance’ is not a legal document, which Judge Brown upheld. However, it is clearly laid out in this same First Amendment.

Judge Brown has repeatedly denied defendants the chance to quote from the Constitution, stating that the law will be applied as she interprets it only. The Constitution is not allowed in her courtroom. So, why now?

The interview is very biased. Sepulvado has repeatedly called the defendants names, such as ‘thugs’ and ‘dipsh*t’, and admits to doing so. He was upset at the verdict of ‘Not Guilty’ and did not hide that. There can be no doubt that the final edited version of his interview was very biased.

The questions of how much was cut from the interview and thrown on the editors floor cannot be answered. It is obvious that the intent of the journalist was to develop a biased piece strictly for the purposes of propaganda. It would be a travesty for this to be admitted as ‘evidence’ against these defendants.

US Constitution

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

Malheur II – Judge Stops Reporter From Testifying

 

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Bundy: Wrapping up the Week at the Malheur Refuge, Oregon, second trial

Bundy Battle - Nevada, Bureau of Land Management, Constitution, CORRUPTION, Courts, CRIMINAL, Federal gov & land grabs

Malheur II – Wrapping up the Week

by Shari Dovale

Redoubt News.com

February 25, 2017

The prosecution has presented the majority of their case in the second Malheur Protest Trial. This case is considerably shorter than the previous trial.

Witnesses included refuge manager Chad Karges, who testified that he was the one that directed the employees not to go to work. He made this decision a full two days before the rally that began the protest.

It was made clear that none of the protesters, or current defendants, had any contact with the employees of the refuge, therefore, there was no chance of threatening them. However, the prosecution is basing their case on implied and circumstantial evidence. Linda Beck indicated that she was willing to go to the refuge to retrieve a laptop computer but was ordered not to do so by Chad Karges.

The prosecution did their ‘Really Big Gun Show” again. Letting the jury see all of these scary weapons, and ammo to go with it, is very important to the prosecution’s case. If they cannot win on the facts, maybe they can win on emotion and scare tactics?

Judge Anna Brown

The big story of the week is the subpoena of John Sepulvado. The prosecution wanted to place into evidence a recorded interview that the former OPB reporter made with Ryan Bundy. Judge Anna Brown, in an unusual move, cited the First Amendment and quashed the subpoena

It does not make sense that she would support the US Constitution in this case, when she has already fought against it in the Gary Hunt case. She has ordered Hunt to appear in her court and shows every indication of trampling on the first amendment. You can read about that case here.

Judge Brown has repeatedly had issues with the US Constitution. Making multiple, and forceful, comments that the law in her courtroom is only as she dictates it to be and not the Constitution. She made an exception in this case, so she is picking winners and losers. I, personally, would like to see her stop cherry-picking this document and using it only if she sees an advantage.

We did have further testimony this week confirming Mark McConnell was a paid informant at the Refuge. Discussions of informants have been a big part of this trial, with the defense making the points that paid informants were possibly part of the security team. If that is true, this would indicate that the FBI set up the defendants to break the law.

It has already been established that Fabio Minoggio, also known as John Killman, was in charge of weapons training at the Refuge, yet the defendants are having to defend themselves against these gun charges, seemingly initiated by this Confidential Human Source (CHS) or paid informant.

Duane Ehmer

Facebook posts and Memes are another part of the prosecutions case. The government went all out to cherry-pick select posts, yet are fighting having any other posts admitted into evidence. A classic example is Duane Ehmer, who has been described as a fierce Facebook-er. Duane has been known to post, share, and comment on hundreds of Facebook posts each day. Memes are a favorite, as well as comments that agree and disagree with other posters. Ehmer has never been afraid to share his thoughts. So, out of the hundreds of postings, the government decided on five posts/memes to represent Ehmer. His attorney, Michelle Kohler, rightfully argued to have the postings just before and just after included in the record, to put them into context.

The FBI witnesses, beginning with former Special Agent in Charge Greg Bretzing, all had the same theme. ~If the defense asks any questions, we do not remember.~ For a man that was in charge of the entire state of Oregon, and the complete operation of the Malheur Refuge, one would think he was more intelligent than that. He spent nearly the entire month at the refuge, but remembers very little about it.

Example of a ‘Meme’ found on Facebook

Other agents commented the same way. They said they needed to refer to their reports, but the reports were not there. Really? I have seen subpoenas that included bringing documents and supporting information with them. I guess the prosecution forgot that part when they issued them to the FBI?

Again, the prosecution is not putting on their best case. The defense is easily combating the evidence. One wonders why the government does not seem to be worried about this case.

…Don’t forget the Bench Trial coming up…

Monday is expected to be the final day of the prosecution case. Blaine Cooper is expected to testify against the defendants, as well as a few more government witnesses before the prosecution rests.

The defense is expected to begin on Tuesday, February 28th, with Ammon Bundy testifying first. Ryan Payne is expected to testify right behind Ammon. The defense does not expect their case to go longer than a week.

This case could be wrapped up much earlier than first anticipated.

Malheur II – Wrapping up the Week

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Bundy: Second trial for Bundy supporters at Malheur Refuge, Oregon, in Jan. 2016

Bundy Battle - Nevada, Bureau of Land Management, Constitution, CORRUPTION, Courts, CRIMINAL, Federal gov & land grabs

Malheur II – Eaton Scores for the Defense

Redoubt News.com

by Shari Dovale

February 22, 2017

Today’s courtroom drama began with former Special Agent in Charge Greg Bretzing continuing his avoidance of answering the defense questions. Michelle Kohler, attorney for Duane Ehmer, repeatedly asked him “In the fall of 2015, when did you first move agents to Burns,” in response to the Hammond situation? Bretzing danced around this question several times until the judge got annoyed and shut down Ms. Kohler.

Additionally, Bretzing did not know when and where the license plate readers had been installed, just that there were some there.

Special Agent in Charge Greg Bretzing (photo: Reuters)

He did, finally, admit that he was tracking Ammon Bundy via his cell phone, “But only when it was on.”

Bretzing did admit on the stand that he was not happy at the outcome of the last trial, for Ammon Bundy, et al. He does want someone to be held accountable, however, when asked directly, “It is your desire to hold someone accountable?” he said that he “cannot answer that.” That is no surprise because that would open him up to explaining why he was testifying at all when he did not testify at the last trial. I don’t know, can we call this revenge?

Judge Brown was not happy with the defense team and chastised them during a break away from the jury. Claiming they are asking the same questions repeatedly, she directed them to confer and stop wasting the jury’s time.

I noticed that prosecutor Ethan Knight was referring to the court officers by their first names, in the same tone as calling the FBI “folks” as if he were just a down-home kind of guy. Apparently, Judge Brown noticed it as well and directed him to show more respect to them and stop being so informal.

Andy Dunbar testified after the break but did not have new any surprises. Dunbar is the rancher with property next to the Malheur Wildlife Refuge. His son had given permission during the protest for the fence to be cut, yet Andy came along and denied that permission was given. It turned out that Dunbar, and his son, each received $2,000 from the FBI for information and allowing them to stay on his property, staging out of there and spying on the protesters. It is no wonder he hit the ceiling when he found out about the fences.

Dunbar did attempt to deny that he was an “Informant” however he and his son provided information to, and was paid by, the FBI. My dictionary lists that definition under PAID INFORMANT.

Chad Karges, the manager of the Malheur National Wildlife Refuge, April 29, 2016 (KOIN)

Chad Karges, The Refuge Manager, testified this afternoon. Again, he admitted that it was his decision to order all refuge employees to not go to the refuge under any circumstances until he directed them to do so. He made this decision a full 2 days before the rally in Burns. Claiming that he heard rumors and got uncomfortable, that was a big step for someone that just heard a few rumors.

No employees missed working, as they worked out of another field office for the duration of the protest. No employees missed getting paid, and Karges actually left town for over a month. I think it was a vacation….

Michelle Kohler earned points again when she made the point that Karges had no access to the safe the defendants are accused of destroying, therefore Karges had no way of confirming that the destruction took place during the protest. It could have happened months before or even after. Additionally, Karges had no personal knowledge of any money that may have been in the safe, therefore, no knowledge of what may have been missing.

Butch Eaton was the highlight testimony for the defense, even though he testified for the prosecution. This was a repeat performance from the last trial. He admitted that he was taken to the refuge without realizing where they were going. When he figured out what he believed to be happening, he walked out and called his wife to come get him.

Eaton has COPD and was recently diagnosed with MS. He was afraid of prosecution and told this to the FBI. However, he made it very clear that he wished he could have stood with the Patriots. He admires them and feels they “are better men than I!”

Eaton also stated on the witness stand that “They are doing what I should have been doing!”

Eaton recounted his fear of the FBI and told of an agent refusing to give him a business card because of the danger that Eaton could be facing. When Eaton asked him if he should be in fear for his life, the agent responded, “Not in fear, but concerned.” This shows the extent that the FBI was willing to go to intimidate people against the Protest.

Jason Patrick

Andrew Kohlmets scored several points on behalf of Jason Patrick. It was testified several ways that Jason did not dress like militia, in camouflage, nor was he seen carrying a gun. He was seen, repeatedly, to be heavily armed with a CAMERA. That was his weapon of choice, and it must have been very scary to the government.

There were a couple more prosecution witnesses, including FBI Agent Ronnie Walker, who is special enough to be allowed to sit in the courtroom and listen to all of the testimony before he testifies himself. That special privilege was bestowed on him during the previous trial by Judge Brown, and it continues for this trial.

The defense is doing a very good job in breaking up the prosecution case. However, as I said before, Judge Brown still appears to be working for the prosecution. I do not believe the Bench Trial outcome will be difficult to predict.

Malheur II – Eaton Scores for the Defense

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Rex Cozzalio responds to grossly inaccurate pro-Klamath dam removal news article

Klamath River & Dams

PNP comment: Below is a written response by Rex Cozzalio, whose multi-generational family has owned a ranch on the Klamath River below the Iron Gate Dam. Thank you, Rex, for bringing us up-to-speed on this controversial subject. The link to the article that Rex is responding to is at the bottom. — Editor Liz Bowen

Response —

In reading Mr. Greenson’s condescending opinion piece reply to ‘That Dam Breitbart Story’, I am heartened that Breitbart readers ‘may be excused’ by Mr. Greenson for daring to agree with something other than Mr. Greenson’s paid-for-print activism. My question is, who will forgive Mr. Greenson?

It sadly seems that unaccountable self-assured ‘intellectual’ arrogance and assumptive ignorance all too often walk hand in hand.

We are 4 generations on and in the Klamath River at the ‘focal point’ of dams’ impact rhetoric, before and after Iron Gate, though apparently not encompassing the profound knowledge of Mr. Greenson writing 180 miles downstream. Of course, we must also apparently defer the resident majority regionally affected experience, documentation, and current studies to the paid-for-agenda predefined position for which Mr. Tucker was imported to promote.

Iron Gate releases average approximately 12% of the volume at the estuary, and the flood conditions destructive to the upper river that Mr. Greenson so easily dismisses often occur with levels comprising less than 3-10% of those typical to same time estuary non-destructive winter flows. We experienced the almost yearly inundation, riparian erosion, sedimentation, environmental degradation, and regional losses that occurred prior to the needed added capacity which Upper Klamath Lake and Copco alone were unable to quell. Those pundits regurgitating agenda constructed bullet points for the uninformed, such as ‘no flood protection’, should consider reading the engineering completed years ago supporting regional reality by describing a debris capturing minimum 9 hour attenuation period provided by those reservoirs during high flow events.

Though he may be ‘forgiven’ for stating Upper Klamath Lake averaging less than 8 feet in depth as a ‘deep’ reservoir, Mr. Greenson’s ‘solution’ of increased Upper Klamath Lake capacity to compensate for loss fails to consider the lack of ‘Agreement’ assured funding or even a practical ability to do so, or the often far greater flood contributions added to the canyon between Link and Iron Gate. None of the profound regularly experienced damages to our region have occurred in the years since Iron Gate, a large part of why it WAS and is still supported by locals.

Virtually EVERY original profiting special interest assured bullet point fabricated in the creation of secret and exclusionary dams’ removal imposition ‘Agreements’ has been subsequently shown by experiment and currently monitored data to be completely unsupported and defective in premise. However, NONE of that public rhetoric or orchestrating biological ‘opinions’ are being allowed alteration until AFTER the hydroelectric/water storage/hatchery facilities are slated for destruction to secure a ‘rewilding’ agenda. Nearly 80% of those most affected and knowledgeable concerning the facilities now proven environmental benefits have officially voted to keep the dams, but of course Mr. Greenson is infinitely wiser.

Current data is now revealing facilities’ profound and irreplaceable benefits regarding unameliorable natural Upper Basin conditions including biological nutrient sequestration, mircrocystin, and temperatures, and yet none of that is currently allowed in the frenzied maneuvering to forcing environmental/public/private loss and uncompensated confiscation upon the majority most affected before the uninformed become aware or care. ‘Impairments’ have now been proven benefits, and ‘volitional passage for millions of salmon to hundreds of miles of previous habitat’ has been refuted not only by ignored pre-Project historical documentation and majority multi-generational experience, but now by ‘proponents’ own paid studies trying to prove the opposite.

‘Freedom’ of PacifiCorp choice was NOT the mantra uttered prior to continued threat of ‘seated members’ proponent lawsuits and specifically altered 401 ‘permits’ to effectively force ‘Agreement’ acquiescence, nor does it address the impacts to the unrepresented public/private affected interests in a quasi-public entity facility. A myriad of documented examples exposed by diverse whistleblowers proving the extent of corruption to achieve pre-defined policy directives is available to any who wish to research. Multiple PROVEN alternatives to removals of dams certified in EXCELLENT condition have been repeatedly presented for a FRACTION of removal costs, damage, and risks, but NONE are ‘considered‘ in the face of this one outcome special interest agenda refusing to amend now proven defective FERC EIR mandates.

None has said Governor Brown STARTED the removals, but his Water Crisis Management Plan policy directed order that ALL his appointed agencies, including DWR, DFG, and CPUC, WILL do whatever is required to facilitate Klamath Dams removals (which they have) is hardly exculpatory. But then, Mr. Greenson obviously knows all this. Even stranger, had he examined equally available statistics of salmon returns to the ‘dams’ region over the last hundred years, he might find it not only suggests no pre-Project statistical decline, and in fact productive consistency, but a significant INCREASE of returns with the addition of Iron Gate ‘artificially’ further enhanced downstream conditions.

Hopefully, Mr. Greenson, I will be another one that the readers might forgive. However, in your accusation to the prior author, whom I don’t personally know, questioning his ‘possible motive’, I find it interesting throughout this debacle, I have yet to hear of ANYONE from the most knowledgeable and affected majority speaking in opposition to the environmentally and regionally destructive removals who is paid or reimbursed for their moral obligation to do so. On the other hand, in their attempt to divide and conquer a previously trusting regional community, I have also yet to hear a SINGLE locally knowledgeable PROPONENT for removals who ISN’T personally profiting from their position, and absolutely NONE who are willing to be held liable for the damages caused. Are you the exception, Mr. Greenson? I thought not.

Rex Cozzalio

http://www.northcoastjournal.com/NewsBlog/archives/2017/02/25/that-dam-breitbart-story

 

In accordance with Title 17 U.S.C. section 107, any copyrighted material herein is distributed without profit or payment to those who have expressed a prior interest in receiving this information for non-profit research and educational purposes only. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml

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Yreka Tea Party Patriots meet in Fort Jones on 2-28-17

TEA Party

Yreka Tea Party Patriots

Meeting for Tuesday, Feb. 28th

6:30 PM

at the Fort Jones Community Center

Turn rt. on Sterling St. to 11960 East St. (one block from the post office) 

“Erin’s Law”

Short Video: “Ending the Nightmare”

                               Speaker:  James Roseman                                                                                                                                           Executive Director for the Siskiyou Domestic Violence & Crisis Center

Every 6 Minutes a Child Is Sexually Assaulted In the United States

Only 1 in 10 Sexually Abused Children Tell Someone

1 in 4 Girls and 1 in  6 Boys Are Sexually Assaulted Before Age 18

Over 90% by someone they already know and trust – family members, friends, babysitters, coaches, etc.

Erin’s Law Will Ensure Children Are Taught To Protect Themselves

Free….no membership.  Doors open at 6PM, come  early to socialize with like minded people. 

Contact Louise @ 530-842-5443 for questions or if you wish to carpool.

  We will also have a copy of the DVD at this meeting to hand out.

If for some reason you can’t make the tea party meeting, you can attend the Siskiyou County Republican Women luncheon meeting on March 14th at 11:30 at the Miners Inn as they will be having the same video, speakers from the Crisis Center and Kermit Walters, Superintendent of public Schools. They will have handouts as well as a DVD  of the video at their meeting as well.   Contact Kathy Tyler at 842-3652 to make a reservation.

 

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