#OregonStandoff — Bundy verdict not necessarily wrong, legally

Brokeback Oregon went on trial starting on Sept. 7. And now, just over two and a half months later, seven of them, including leaders Ryan and Ammon Bundy, have been found not guilty. Oregon Public Broadcasting has yet more depth on the verdict, with quotes.

In reality, this isn't THAT surprising. And, per the header, it's not necessarily wrong.

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First, the feds have a long history of charging people with conspiracies without also charging the individuals with specific, individuated crimes.

For example, here in Texas, the conspiracy statute is "engaging in organized criminal activity." Two or more people each must be charged with the same "individuated" crime to also be charged with this. Not so with the feds. (And, especially in the post-9/11 world, fat chance of the federal statute ever being amended like that — even though the Texas one is abused in other ways.)

And this is another clear case of that.

They were charged with a conspiracy to hinder federal employees from doing their jobs, while none was actually charged with actually doing so. This particular conspiracy law, though, has rarely been used, and stems from the Civil War. As the link notes, in modern times, it's been used against environmental and antiwar activists. Liberals, let alone left-liberals, are you really OK with that?

In the future, it could be used against Dakota pipeline protestors. #NoDAPL liberal backers, are you OK with that? If the Bundys had been convicted, would you be OK with that as a precedent of sorts in pipeline cases?

And, with a not guilty on that, the weapons charges were guaranteed to go by the wayside. (Unless the weapon is used for another crime, the charge has a maximum prison time of one year; basically, it's an enhancer for other charges.) Yes, there was clear evidence of that, but, from what I've read of the case, prosecutors chose to focus on the conspiracy, which has a six-year max penalty.

In other words, the prosecution rolled the dice on getting at least six years, with a minimum of concurrent sentences reducing chances for early parole and perhaps hoping for consecutive sentences. And lost, big time.

The gummint's case wasn't helped by the revelation a week ago that there was an FBI informant inside the Ammonites, I'm sure, even if his role was overblown.

I mean, destruction of property (criminal mischief the state statute here in Texas) and other charges (if the Feds have an equivalent of theft of services, which would be kind of like preventing employees from working .. but the actual charge, not a conspiracy to do so) were clearly available in the case. Ryan Bundy was charged with theft, of FBI security cameras, but got a hung jury on that. And that was it, other than the weapons charges.

One has to wonder — and some degree of conspiracy thinking is sometimes valid with federal prosecutors in particular and prosecutors in general — if the particulars of charges were structured to sandbag the case. And, yes, prosecutors do occasionally do stuff like that. They may think a case isn't winnable, and to make sure it isn't, do something like this.

Morally? Totally different issue. But lawyers, and others who also know better, know the law has nothing to do with morals.

But, speaking of ...

High Country News reviews the bad history of the Ammonites. And, it notes that even other defenders of the New Sagebrush Rebellion or whatever we call it are perplexed at the legal strategery of Ryan and Ammon Bundy, above all others in the case. (Maybe they're less perplexed now, but probably not; a lot of the strategery was idiotic.)

(Note: For #BrokebackOregon or #BundyEroticFanFic, go to this blog post with some quite purplish, and turgid, prose.)

First Oregon, now Arizona: Religion no excuse for criminal behavior

Last week in Oregon, faith healing parents Timothy and Rebecca Wyland were found guilty of criminal neglect over failure to take their own daughter to a doctor.

The couple's daughter, Alayna, was born in December 2009 with a birthmark above her left eye that developed into abnormal growth of blood vessels, known as a hemangioma, that slowly engulfed her left eye and produced a goopy discharge. Despite the growth and accompanying loss of vision, the Wylands did not consult a doctor.

As the picture shows, this was clearly evident to the parents.

Now, New Age "guru" James Ray has been convicted of negligent homicide in the sweat lodge deaths of three people in New Age mecca Sedona, Ariz. He beat the rap on a more serious manslaughter charge, but could still get as much as 30 years in prison.

And he should, per this:

“You will have to get to a point to where you surrender and it’s O.K. to die,” Mr. Ray said in a recording during the ceremony that was played at the trial.

Unfortunately, the judge didn't remand Ray into immediate custody.

That said, next? A bunch of lawsuits against Ray. That may, though it's not likely, cut back on some of this.

End of the line for Klamath dams?

Pacific salmon, Indian tribes, fishermen and environmentalists can only hope that a new working framework for removal spells the end of the line for four Klamath River dams.

The Bush Administration, the states of California and Oregon, and PacifiCorp, which runs four aging hydroelectric dams on the Klamath River, which rises in southwest Oregon and goes through northwest California to the Pacific, have agreed to a non-binding framework for eventually removing the dams. Here’s the details:

The new agreement, which is expected to be final by June 2009, provides specifics on financing the dam removal. PacifiCorp, which is a subsidiary of the MidAmerican Energy Holding Company and operates as Pacific Power on the West Coast — would add a 2 percent annual surcharge, amounting to about $15 on average, for its 550,000 customers in Oregon and 45,000 in California.

In addition to the $200 million generated in part by these surcharges, $250 million would be raised by a bond issued by California. The dams would also be transferred to a new federal agency set up for the purpose, relieving PacifiCorp of liability during the actual removal.

Even though the agreement is non-binding, it’s hard for PacifiCorp to walk away. It’s being adequately compensated, yet while not being able to fleece customers for stranded costs, and it’s able to let go of liability.

Update, Nov. 18: I may have had too much initial praise for this.

Among other contraindications to the deal:

1. Not all the affected Indian tribes are jumping with joy;
2. Many people are wondering why the wait is until 2020 to potentially take action;
3. Irrigators would get a first-in-line legislative degree for water rights in dry years;
4. A required cost-benefit analysis could allow PacifiCorp (held by Warren Buffett) to permanently avoid an actual tear-down;
5. Schwarzenegger may have some dam California reasons for pushing this.

Read High Country News' full story

Steve Novick – A politician you could really have a shot and a beer with

Oregon Democratic Senatorial candidate Steve Novick has a recent commercial out with him opening a beer bottle with the metal prosthesis that serves as his left hand. His primary battle with Oregon State House Speaker Jeff Merkley also shows the dangers inherent in someone 3,000 miles away, in this case, New York Sen. Charles Schumer, head of the Democratic Senatorial Campaign Committee, trying to be a kingmaker. But, it’s not the first case of complaints against Schumer.

In general, as exemplified in Kentucky, the complaints are that Schumer picks candidates with deep pockets ahead of any political philosophy or leanings that go left of the palest centrism.

Of course, critics could read a little history, like that of 1924 Democratic presidential candidate John W. Davis, and realize this is nothing new.

Anyway, Novick’s commercial is here.

And, per his website, Novick appears to have plenty of progressive cred.