Monday, April 14, 2014

Some questions on the Bundy Battle

I haven't had time to thoroughly reflect on the recent events, but here are some questions that have occurred to me:

Why did the Sheriff conduct "behind the scenes" negotiations instead of using his authority to prevent this overreach by the feds from ever happening?

Why won't the feds comply with state laws on livestock trespass?  They are a landowner in the state and each state has trespass laws that all the other landowners follow.  They comply with state law on water rights, on hunting, on speed limits and so on, so why not on trespass?

Why is the issue of jurisdiction never brought up?  Which entity, the feds or the state, exercises exclusive legislative jurisdiction over the BLM lands in question here?  See Art. I, § 8, Cl 17 of the Constitution which limits federal jurisdiction.

Section 303(c)(1) of FLPMA states, "When the Secretary determines that assistance is necessary in enforcing Federal laws and regulations relating to the public lands or their resources he shall offer a contract to appropriate local officials having law enforcement authority within their respective jurisdictions with the view of achieving maximum feasible reliance upon local law enforcement officials in enforcing such laws and regulations." (Emphasis mine).  Was the BLM in compliance with this section of the law?

Just where does the BLM get the authority to have official LEOs?  In a recent GAO report the BLM cites an Executive Order for their authority, but don't give the EO number so the text can be reviewed.

We have seen the pictures showing BLM weapons, helicopters and attack dogs.  Just how large is the BLM arsenal with respect to weapons, ammo, dogs, vehicles, drones and other devices and supplies?  The same question should be asked of the Forest Service, Park Service, Fish & Wildlife Service and the EPA.

Several articles referred to the FBI being on the scene.  Who requested the FBI involvement and in fact how many total federal employees were involved and from what agencies?

Prior to the decision to stand down, what intelligence was gathered by the feds, by whom was it obtained, how was it gathered and what role did it play in the decision to stand down?

Whew!  There's more rolling around up there but that will suffice for now.  I'm sure you have questions too.


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