Land And Water U.S.A.

Wednesday, January 20, 2016

Hammonds were imprisoned for a crime they did not commit.

Senator Jerry Moran
361 Russell Office Building
United States Senate
Washington, DC 20510

Dear Senator Moran,                                                                              January 19, 2016

It was a pleasure meeting you at the National Western Stock Show this past Saturday. Hope you enjoyed the rodeo!

To follow up on my comment, “The reason the Hammonds are in prison is because of two uninformed people. One being the Hammonds attorney, and the other – a former attorney now judge who sentenced them.”

Here’s the statute that wholly exempts the Hammonds:

Whoever, willfully and without authority, sets on fire any timber, underbrush, or grass or other inflammable material upon the public domain or upon any lands owned or leased by or under the partial, concurrent, or exclusive jurisdiction of the United States, or under contract for purchase or for the acquisition of which condemnation proceedings have been instituted, or upon any Indian reservation or lands belonging to or occupied by any tribe or group of Indians under authority of the United States, or upon any Indian allotment while the title to the same shall be held in trust by the Government, or while the same shall remain inalienable by the allottee without the consent of the United States, shall be fined under this title or imprisoned not more than five years, or both. This section shall not apply in the case of a fire set by an allottee in the reasonable exercise of his proprietary rights in the allotment.”

(June 25, 1948, ch. 645, 62 Stat. 788; Pub. L. 100–690, title VI, § 6254(j), Nov. 18, 1988, 102 Stat. 4368.)

The Hammonds were imprisoned for a crime they did not commit. I strongly urge you to lead your colleagues to a full Congressional investigation of Dwight and Steven Hammond’s unjust conviction.

Thank you,

Charles W. Sylvester

Retired General Manager National Western Livestock Show and Rodeo

 Cc: Senator’s Bennet, Barrasso, Enzi, Gardner, Merkley and Wyden

 Enclosed: Equal Standing Bill

Equal Standing Bill

Equal Protection from Personal Attack (Malicious Deprivation of Constitutional Rights) Act by Federal Employee

Please Note: This can be modified to incorporate any existing constitutional rights protection law; and re-adapted to any and all domestic resource production.  

Whereas the Legislature finds that the Livestock Sector of the Agriculture Industry of the State is a critical and significant portion of the Agriculture Industry of the State and necessary for the continued health, prosperity and well-being of the people of the State, and,

Whereas a significant number of Livestock within the State spend a significant part of their lives on Federal Range lands, and,

Whereas the US Supreme Court has held that Stockwater Rights, Range Rights, Right-of-Ways, and Improvements, appurtenant to or associated with Range Allotments are Property Rights protected under the Fifth Amendment of the US Constitution, and,

Whereas Federal Employees are required by the Fifth Amendment and Executive Order 12630 to consider the Takings Implications of their decisions and actions on the Property Rights of Ranch or Range Allotment Owners before taking those actions,

Therefore, be it resolved that whenever any Federal Employee acting under Color of Law, takes any action harmful to any Ranch or Range Allotment Owner in the State that deprives that Owner of any property rights without first giving due consideration to those rights by:

1) accessing property with permission,

2) conducting a thorough Takings Implication Assessment,

3) giving the Owner due process, and

4) paying just compensation as required by law,

that Federal Employee shall be deemed to be in violation of the Constitutional Rights of the Ranch or Allotment Owner and acting outside the scope of any federally delegated authority, and therefore, outside the protection of any federal immunity from prosecution and therefore guilty of the crime of Malicious Deprivation of Constitutional Rights and shall be subject to both civil and criminal punishment under the Laws of the State.  The violation of this Law shall be punishable as a Felony carrying a fine of up to $500,000 dollars and 5 years in prison for each separate offense. 

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