Interview with BLM Spokesman

BLM

Earlier this afternoon, I interviewed Randy Eardley, a spokesman for the Bureau of Land Management who has worked in Harney County, Oregon where the current #OregonStandoff is taking place. Mr. Eardley is very familiar with the background of the Hammonds’ case, and provided some much needed clarity on a number of issues. Contrast the perspective and information outlined by Mr. Eardley with the narrative outlined and presented by Ammon Bundy and others protesting the BLM and federal government generally. (The MP3 download link for the interview is at the very bottom of this blog post.)

Also, below I post two separate press releases from the U.S. Attorney’s Office in Oregon which prosecuted the Hammonds. Again, contrast the perspective and information outlined below with the narrative outlined and presented by the leaders and spokespersons at the Malheur National Wildlife Refuge. I hope to gain further clarification, especially as it relates to the contention that the Hammonds slaughtered a herd of deer and started a fire to cover it up, in the very near future. Stay tuned for more updates.

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FOR IMMEDIATE RELEASE

Wednesday, December 9, 2015

To The Citizens of Harney County, Oregon

As the Acting United States Attorney for the District of Oregon, I write to the citizens of Harney County to address ongoing attempts by outside individuals and organizations that are making statements and using social media to express views which are clearly contrary to what occurred publicly in an open courtroom.

I understand that there are some individuals and organizations who object to the Hammonds returning to prison to serve the remainder of their sentences mandated by statute. I respect their right to peacefully disagree with the prison terms imposed.

However, any criminal behavior contemplated by those who may object to the court’s mandate that harms someone will not be tolerated and will result in serious consequences. The following is a summary of the facts in United States v. Dwight and Steven Hammond, including the actions and positions taken by this office throughout the course of the case.

Five years ago, a federal grand jury charged Dwight and Steven Hammond with committing arson on public lands, and endangering firefighters.

The charges came after the Hammonds rejected an offer to settle the case by pleading guilty to lesser charges and sentences.

Three years ago, after a two-week trial in Pendleton, Oregon, a jury found 70-year old Dwight and his son, 43-year old Steven Hammond, guilty of committing arson on public lands in 2001. Steven Hammond was also found guilty of committing a second arson in 2006.

They were found not guilty of other arson charges, and while the jury was deliberating on the remaining charges, the Hammonds negotiated for the dismissal of those charges and a promise from the U.S. Attorney to recommend the minimum sentence mandated by law. The Hammonds assured the trial judge that they knew the law required they serve no less than five years in prison.

The U.S. Attorney also agreed they should remain free until sentencing.

The Hammonds had long ranched private and public lands in Eastern Oregon. Although they leased public lands for grazing, they were not permitted to burn the lands without prior authorization from the BLM. In 1999, a BLM employee reminded Steven Hammond of this after he started a fire that escaped onto public land.

At trial, jurors heard from a hunting guide, a hunter and the hunter’s father, who saw the Hammonds illegally, slaughter a herd of deer on public land.

At least seven deer were shot with others limping or running from the scene. Less than two hours later, the hunting guide and the hunter and his father, were forced to abandon their campsite because a fire was burning in the area where the deer had been shot.

The hunting guide’s testimony and photographs established fires were burning hours before Steven Hammond called the BLM and said he was going to do a burn of invasive species in the area.

A teenage relative, who was with the Hammonds in 2001 when those fires were set, told the jury that he was handed a box of “Strike Anywhere” matches, and Steven Hammond told him to drop lit matches on the ground so as to “light up the whole country on fire.” He did as instructed and the resulting eight to ten foot flames spread quickly. Fearing for his life he was forced to take shelter in a creek.

The jury heard evidence that once back at the ranch, Dwight and Steven told him to “keep his mouth shut,” and that “nobody needed to know about the fire.” The fires destroyed evidence of the deer slaughter and took 139 acres of public land out of public use for two years.

The evidence at trial convinced the jury beyond a reasonable doubt that the Hammonds were guilty of the federal crime of arson; that is, maliciously damaging United States property by fire. The jury was neither asked if the Hammonds were terrorists, nor were defendants ever charged with or accused of terrorism. Suggesting otherwise is simply flat-out wrong.

The jury also found Steven Hammond guilty of committing a second arson in 2006. That summer, BLM firefighters were battling several significant fires caused by lightning strikes. The Harney County Fire Marshal imposed a burn ban and a “red flag” warning was in effect. Despite the burn ban, and knowing that firefighters were in the area, Steven Hammond set fires at night without notifying anyone. He did so to save his winter feed. After seeing the fires, the firefighters moved to a safer location. When confronted by a firefighter the next day, Steven Hammond admitted setting the fires, and made no apology for doing so.

The crimes that the jury found the Hammonds committed carried five-year congressionally-mandated minimum sentences.

In October 2012, U.S. District Court Judge Michael R. Hogan imposed sentences below what the law required.

The U.S. Attorney’s Office appealed the sentences imposed by Judge Hogan because they were not the sentences mandated by Congress for the crimes committed.

The Ninth Circuit Court of Appeals agreed, and reversed the Hammonds’ sentences. The cases were sent back to the District Court with the directive that the statute’s mandate be followed. The Supreme Court upheld the Ninth Circuit’s decision, and in October 2015, Chief Judge Ann Aiken imposed the five-year prison terms. The U.S. Attorney agreed to allow the Hammonds to self-surrender after the holidays.

Much has been said and written by persons who were not in the Pendleton courtroom during the trial or in Eugene during the sentencing hearings.

Much of it is inaccurate.

For example, the federal prosecutor has never called the Hammonds terrorists, an allegation made by some of the Hammonds’ supporters.

As Acting U.S. Attorney, I do not consider them to be terrorists.

At the sentencing hearings, the federal prosecutor described the Hammonds’ contributions to their community and urged the court not to impose the higher sentences recommended by the U.S. Probation office. The prosecutor also assured the court that the sentences mandated by Congress were neither cruel nor unusual given the seriousness of the crimes and the safety threat posed to the hunters (in 2001) and the firefighters (in 2006). The Hammonds received a fair trial, they were found guilty in Pendleton, Oregon, by a jury of their peers, and they ultimately received lawful sentences mandated by Congress.

As Americans, we have the privilege of being served by the finest judicial system in the world. Despite suggestions to the contrary, what took place during this case was a process that followed the time-honored fundamental principles of the rule of law from the investigation, negotiations, a public trial with the presentation of lawfully admitted evidence, the jury’s findings, judicial findings, appellate rulings, to the final imposition of sentence. We stand by the ultimate resolution of this case.

FOR IMMEDIATE RELEASE

Wednesday, October 7, 2015

Eastern Oregon Ranchers Convicted of Arson Resentenced to Five Years in Prison

EUGENE, Ore. – Dwight Lincoln Hammond, Jr., 73, and his son, Steven Dwight Hammond, 46, both residents of Diamond, Oregon in Harney County, were sentenced to five years in prison by Chief U.S. District Judge Ann Aiken for arsons they committed on federal lands.

A jury sitting in Pendleton, Oregon found the Hammonds guilty of the arsons after a two-week trial in June 2012. The trial involved allegations that the Hammonds, owners of Hammond Ranches, Inc., ignited a series of fires on lands managed by the U.S. Bureau of Land Management (BLM), on which the Hammonds had grazing rights leased to them for their cattle operation.

The jury convicted both of the Hammonds of using fire to destroy federal property for a 2001 arson known as the Hardie-Hammond Fire, located in the Steens Mountain Cooperative Management and Protection Area.

Witnesses at trial, including a relative of the Hammonds, testified the arson occurred shortly after Steven Hammond and his hunting party illegally slaughtered several deer on BLM property. Jurors were told that Steven Hammond handed out “Strike Anywhere” matches with instructions that they be lit and dropped on the ground because they were going to “light up the whole country on fire.”

One witness testified that he barely escaped the eight to ten foot high flames caused by the arson. The fire consumed 139 acres of public land and destroyed all evidence of the game violations. After committing the arson, Steven Hammond called the BLM office in Burns, Oregon and claimed the fire was started on Hammond property to burn off invasive species and had inadvertently burned onto public lands. Dwight and Steven Hammond told one of their relatives to keep his mouth shut and that nobody needed to know about the fire.

The jury also convicted Steven Hammond of using fire to destroy federal property regarding a 2006 arson known as the Krumbo Butte Fire located in the Malheur National Wildlife Refuge and Steen Mountain Cooperative Management and Protection Area. An August lightning storm started numerous fires and a burn ban was in effect while BLM firefighters fought those fires. Despite the ban, without permission or notification to BLM, Steven Hammond started several “back fires” in an attempt save the ranch’s winter feed.

The fires burned onto public land and were seen by BLM firefighters camped nearby. The firefighters took steps to ensure their safety and reported the arsons.

By law, arson on federal land carries a five-year mandatory minimum sentence. When the Hammonds were originally sentenced, they argued that the five-year mandatory minimum terms were unconstitutional and the trial court agreed and imposed sentences well below what the law required based upon the jury’s verdicts. The Ninth Circuit Court of Appeals, however, upheld the federal law, reasoning that “given the seriousness of arson, a five-year sentence is not grossly disproportionate to the offense.” The court vacated the original, unlawful sentences and ordered that the Hammonds be resentenced “in compliance with the law.” In March 2015, the Supreme Court rejected the Hammonds’ petitions for certiorari. Today, Chief Judge Aiken imposed five year prison terms on each of the Hammonds, with credit for time they already served.

“We all know the devastating effects that are caused by wildfires. Fires intentionally and illegally set on public lands, even those in a remote area, threaten property and residents and endanger firefighters called to battle the blaze” stated Acting U.S. Attorney Billy Williams.

“Congress sought to ensure that anyone who maliciously damages United States’ property by fire will serve at least 5 years in prison. These sentences are intended to be long enough to deter those like the Hammonds who disregard the law and place fire fighters and others in jeopardy.”

Assistant U.S. Attorneys Frank R Papagni, Jr., AnneMarie Sgarlata and Kelly Zusman handled the prosecution of this case.

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Be sure to check out the raw video interviews I conducted while visiting the Malheur National Wildlife Refuge.

4 comments

  • Another great interview.

    It’s not every day we hear from our nation’s caretakers, which begs the question: “Just who is in charge here, anyway?”

    Once again, it seems clear the Federal Government is in way over its head. Their high-drama approach to the management of “the peoples” land and resources is not the most efficient, and needs to be reviewed for an expeditious shuttering of the BLM, and in the process, create a framework for disbanding other questionable, spendthrift agencies and outdated operations- No, not the Post Office- I’m looking at you EPA.

    It is my opinion and belief that as the whistle-blowers continue to come forward, and even more abuses and ulterior motives are revealed, expect those with standing to pursue an action against former U.S. Prosecutor, Frank Papagni, for malicious prosecution…or worse.

  • Judge Ann Aiken — JEW. What are the odds in Oregon???

    US Attorney Amanda Marshall — Here she is a Beth Israel congregation gathering.
    (2nd row, photo #3, red jacket and boots)
    http://bethisrael-pdx.org/cbi-media/photo-gallery/mlk-jr-shabbat-2014

    Still checking on Judge Grasty.

    • Here’s your .gov at work right here. . .

      Amanda Marshall resigned amid an investigation for what appears to have been cat-lady mental problems.

      There are several articles on it, this is one:

      Fatal Attraction Fallout – Willamette Week

      Amanda Marshall grabbed the attention of Oregonians last month when she publicly took command of the largest government corruption case this state has seen in decades.

      [. . .]

      She’s accused of stalking one of the prosecutors who work for her, showering him with unwanted texts and emails even as he was under 24/7 armed protection because of death threats from Mexican drug dealers.

      “It’s a little bit bizarre that the biggest case of her career would be an investigation of a politician being brought down by a romantic relationship—and then the same thing appears to be happening to her,” says Professor Tung Yin, who teaches criminal law at Lewis & Clark Law School.

      http://www.wweek.com/portland/article-24261-fatal_attraction_fallout.html

  • I would have several questions. Just what is it that the BLM does that make my life and that of my family better or safer. WHY would you even promote the statements of an organization like the BLM? Isn’t that like asking a jew what is his opinion of the thousands of cold – blooded murders in Palestine by his tribe – or why it was JUST and LAWFUL for his jew pals to have Christ murdered.

    I live in Florida and as a RESPONSIBLE boater of over 40 years a PADI dive instructor and a graduate biologist – I finally gave up the pleasure and relaxation of boating and fishing here because of the KGB mentality police we know here as ‘wildlife and game enforcers whose job it is to bully and intimidate honest citizens just trying to escape the stress of everyday life. I have seen good decent people lose their boats and be arrested and fined like common criminals for merely getting stuck on shallow flats and running over some marine grass and that is just one of MANY horror stories I can tell you about abuses by these thugs.

    And that comment about our legal system being the best there is. That is a bullshit BEYOND any decency. I have lived an honest responsible life. I have never committed a crime nor been accused of one. I never even had an overdue library card! I have a near flawless SIXTY year driving record. One of the things I fear the most in this jew run nation of morons is our corrupt jew dominated legal system. It is HOPELESSLY TRASHED CORRUPT and criminal. I had an experience so disgusting in a courtroom – as a witness to a serious crime – I vowed to never ever participate in even jury duty again.

    I do not know the Hammonds personally – but FULL WELL knowing by experience – the extent of the disgusting GREEDY GODLESS CRIMINAL TREASONOUS DECEITFUL degenerate state of our government in general – I will wager that the bad guys are NOT the Hammonds.

    Just my 2 cents – but I have been a LOT of places seen a LOT of things and had a LOT of personal experiences in life that validate my concerns.

    Joe Cortina. Been there – seen that – done that

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