January 23, 2016 7:06 AM

No American- not even Conservative White patriots- are above the law.

This occupation involves a small group of militants — I would call them terrorists — who decided using threats of violence will somehow change federal law instead of using the democratic process that was created out of our Revolutionary War.

  • Rep. Earl Blumenauer (D-OR)

At the outset, the conventional wisdom seemed to be that the “freedom fighters”- or whatever appellation one chooses to hang on them- occupying the Malheur National Wildlife Refuge would eventually get bored, run out of steam, and go home with their tails between their legs. Surely they’d realize that they’d taken over an unoccupied wildlife refuge in the middle of nowhere…in January. Yeah, about that….

Three weeks later, the criminals/miscreants/terrorists are still occupying the wildlife refuge and refusing to vacate unless the refuge is handed over to the people of Harney County. They probably didn’t count on the fact that most of those they think they’re fighting on behalf of want them to be gone. NOW. Nobody seems to be taking them seriously, and it’s become pretty clear that The Gang That Couldn’t Remember To Bring Snacks © has become something of a running joke and an expensive, annoying nuisance.

[T]he coercive, illegal action by Ammon Bundy’s gang persists, celebrated by the hollow heroism of its telegenic leaders. On Monday, Arizona rancher Robert “LaVoy” Finicum appeared before cameras and said: “This is not just a little occupation. This is a movement that’s taking place across the country….” Finicum went on to say ranchers from Oregon, New Mexico and possibly Utah would arrive at the occupation site later this week for “a signing ceremony to throw off the overlordship of the federal government” - codespeak for a refusal to pay the government’s below-market grazing fees. As if to underscore his gang’s resolve: “We will not back down. These buildings are very symbolic…. We’re holding (them as) the federal government’s fortress. We shall not give it up to them ever. It returns to Harney County when it goes back. So make that clear.”

Despite what the delusional Mr. Finicum may believe, their criminal comedy of errors is most definitely NOT “a movement that’s taking place across the country.” No one will be throwing off “the overlordship of the federal government.” Nor is anyone occupying public property as “the federal government’s fortress.” Despite the misguided bluster and bravado, Finicum and the rest of the Bundy Brigade are in no position to issue demands or make broad pronouncements. It would be a simple matter for the federal government and local law enforcement to blockade all entrance and egress points…and it’s high time that happened. It’s time for the Bundy Brigade to ride off, not into the sunset, but into the jail cells and federal charges they deserve for forcibly occupying and damaging the property of the American people…for that’s what “federal property” means.

The illegal actions of the Bundy Brigade have not been without costs to be borne by taxpayers. At the very least, the criminals responsible for the occupation should be held responsible for reimbursing taxpayers for the repair, cleanup, and other ancillary costs associated with their lawlessness. They seem to think they should by rights be able to walk away as heroes, free of consequence or accountability. Justice demands they be held accountable for breaking the law. Letting them walk away and return to their family would send the very direct message that breaking the law isn’t a problem as long as you’re Conservative White “patriots.” That’s not what the rule of law is about.

A sustained tolerance for the occupation at this point won’t do. Measured but aggressive actions should be taken, among them cutting off power to the refuge headquarters and engaging armed ranchers arriving to join in Finicum’s signing ceremony, now set for Saturday - itself a potential civic disruption that legally warrants investigative action. Among other things, continued tolerance would likely be the encouragement Finicum and Bundy need for their standoff to metastasize among the errant across the American West, with Oregon the unwitting epicenter. A heavy-handed crackdown by law enforcement is discouraged, meanwhile, as it would likely trigger bloodshed, creating martyrs among the occupiers and dooming essential public discourse about the role of public lands and the right of all Americans to enjoy them.

Law enforcement absolutely has the ability to force the occupiers out of the wildlife refuge without firing a shot. Isolate and block off the refuge. This will deny them access to the press and to freely come and go. Those illegally occupying the refuge should be arrested if the leave of attempt to leave. Electricity and water should have been cut off long ago. It’s January on Oregon’s high desert; I suspect once the occupiers discover they have no heat, light, or water, their commitment to continuing the occupation may well diminish.

Whatever the tactics chosen to remove them, the Bundy Brigade needs to leave…yesterday. They need to be arrested, tried, and held to account for their illegal activity. NO American- not even Conservative White “patriots”- should be considered above the law. It’s time we showed the Bundy Brigade that the rule of law still works.

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This page contains a single entry by Jack Cluth published on January 23, 2016 7:06 AM.

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