Occupation of the Malheur National Wildlife Refuge

Occupation of the Malheur National Wildlife Refuge

The headquarters of the Malheur National Wildlife Refuge (pictured here in 2008) were occupied by militants in early 2016.
Date January 2, 2016 (2016-01-02) – February 11, 2016 (2016-02-11)
(40 days)
Location Harney County, Oregon, United States
(30 miles south of Burns, Oregon)

43°15′55″N 118°50′39″W / 43.265404°N 118.844272°W / 43.265404; -118.844272Coordinates: 43°15′55″N 118°50′39″W / 43.265404°N 118.844272°W / 43.265404; -118.844272
Result Militants arrested
Parties to the civil conflict
Lead figures
Number
  • FBI – unknown
  • Oregon State Police – unknown
  • ~37 local police[10][11]

40 (Los Angeles Times estimate)
Several dozen (The Washington Post estimate)

20 to 25 (The Oregonian estimate)
Casualties
Death(s) Robert "LaVoy" Finicum[12]
Injuries Ryan Bundy[13]
Arrested 25

The occupation of the Malheur National Wildlife Refuge was an armed standoff in Harney County, Oregon between an anti-government militia group and U.S. local and federal law enforcement agencies. The incident began on January 2, 2016, when the headquarters of the Malheur National Wildlife Refuge in eastern Oregon was occupied by an armed group affiliated with the U.S. militia movement following an earlier peaceful march in protest of the prison sentences for ranchers Dwight Hammond and his son, Steven Hammond.[14] The Hammonds were convicted of arson on federal land,[15] sentenced to five years imprisonment, and are now seeking clemency from the U.S. president.[16]

Ammon Bundy—a former car fleet manager from Phoenix,[17] son of anti-government protester Cliven Bundy, and the leader of the group now calling themselves Citizens for Constitutional Freedom—said he began leading the occupation after receiving a divine message ordering him to do so.[18][19] The militant group demanded that the federal government cede ownership of the refuge,[20] and expressed willingness to engage in armed conflict.[21] For a time, the government and police did not engage directly with the militia.[22]

The imprisoned ranchers at the heart of the case disavowed the militia's occupation.[23]

On January 26, five of the militants, including Ammon Bundy and his brother Ryan, who was wounded during the incident, were arrested on Highway 395 about fifty miles north of the occupation.[24] During the confrontation, law enforcement officers shot and killed Robert "LaVoy" Finicum while he was reportedly reaching for his gun.[25][26] The last four militants surrendered on February 11, ending the occupation.[27]

In the first days, the takeover sparked a debate in the U.S. on the meaning of the word "terrorist" and on how the media and law enforcement treat situations involving people of different ethnicities or religions.[28][29][30] The Harney County Sheriff's Office characterized the militants as criminals engaged in trespassing[31] and Oregon Governor Kate Brown announced the occupation cost about $100,000 a week.[32] The events drew comparisons to the Ruby Ridge incident, the Waco siege, and the Montana Freemen standoff.

Background

Location

Harney County is a rural county in southeastern Oregon. The county seat is the city of Burns.[33][34] Although it is one of the largest counties by area in the United States,[33][34] its population is only about 7,700,[33] and cattle outnumber people 14-to-1.[33] About 75 percent of the county's area is federal land,[33] variously managed by the United States Bureau of Reclamation, Bureau of Land Management, United States Fish and Wildlife Service, and United States Forest Service agencies.[35] Besides ranching and farming, forestry and manufacturing are important industries in the county.[34]

The Malheur National Wildlife Refuge (MNWR), located in Harney County, was established in 1908 by President Theodore Roosevelt, a conservationist.[36] Located in the Pacific Flyway, it is "one of the premiere sites for birds and birding in the U.S.", according to the Audubon Society of Portland.[37] Tourism, especially birding, injects $15 million into the local economy annually.[38]

Cattle ranching in Harney County

Cattle ranching in Harney County predates the 1908 establishment of the Malheur National Wildlife Refuge, with some cattle trails, including those used by the Hammond family, dating to the 1870s. Disputes between cattle ranchers and the federal government over management of the MNWR have gone on for "generations" and the situation has regularly deteriorated to taunts and threats directed at federal officials from ranchers since at least the early 1970s.[39][40]

In an effort to address concerns of neighboring landowners and interests, the recent completion of a 15-year management plan for the refuge heavily involved various stakeholders, including ranchers, in its development process. The plan was completed in 2013 and won praise from some area ranchers for its collaborative approach.[41][42]

Hammond arson case

Early conflicts with federal land managers

In 1994, Dwight Hammond and his son Steve obstructed the construction of a fence to delineate the boundary between the two parcels of property, prompting their arrest by federal agents. According to federal officials, the construction of a fence was needed to stop the Hammond cattle from moving along a cattle trail that intersected public land after the Hammonds had repeatedly violated the terms of their permit, which limited when they could move their cows across refuge property.[40] Officials also reported Hammond had made threats against them in 1986 and 1988, including telling one public lands manager that he was going to "tear off his head and shit down his neck". They also contended that Steve Hammond had called them "assholes".[43] Following their release from jail on recognizance, a rally attended by 500 other cattle ranchers was held in support of the Hammonds in Burns, and then-congressman Robert Freeman Smith wrote a letter of protest to the United States Secretary of the Interior, Bruce Babbitt.[40]

In 1995, voters, angry that it had not intervened on the Hammonds' behalf, attempted to recall two members of the Harney County Court,[43] though the recall attempt failed. Charges against the Hammonds were later dropped.[39]

In 1999, Steve Hammond started a fire with the intent of burning off juniper trees and sagebrush, but the fire escaped onto BLM land. The agency reminded Hammond of the required burn permit and that if the fires continued, there would be legal consequences.[44]

Fires for which the Hammonds were convicted

Both Dwight and Steve Hammond later set two fires, one in 2001 and one in 2006, that would lead to convictions of arson on federal land:[45][46]

Mid-trial pre-sentencing agreement

In 2012, the Hammonds were tried in federal district court on multiple charges. During a break in jury deliberations, partial verdict were rendered finding the Hammonds not guilty on two of the charges, but convicting them on two counts of arson on federal land.[48] Striking a plea bargain, in order to have the four remaining charges dismissed and for sentences on the two convictions to run concurrently, the Hammonds waived their rights to appeal their convictions. This was with their knowledge that the trial would proceed to sentencing where the prosecution intended to seek imposition of the mandatory five-year minimum sentences.[48][52]

Sentencing hearing, appeals of the sentence, and re-sentencing

At sentencing, the federal prosecutors requested the five-year mandatory minimum under the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA).[51][53][54][55] U.S. District Judge Michael Robert Hogan independently decided that sentences of that length "would shock the conscience" and would violate the constitutional prohibition on cruel and unusual punishment. On his last day on the bench before retiring, October 31, 2012, Hogan instead sentenced Dwight Hammond to three months' imprisonment and Steve Hammond to a year and a day's imprisonment, which both men served.[56][57] In what was described by one source as a "rare" action,[58] the government (represented by the United States Attorney's Office for the District of Oregon, led by U.S. Attorney Amanda Marshall) successfully appealed the sentence to the U.S. Court of Appeals for the Ninth Circuit. It upheld the mandatory-minimum law, writing that "given the seriousness of arson, a five-year sentence is not grossly disproportionate to the offense." The court vacated the original sentence and remanded for re-sentencing. The Hammonds filed petitions for certiorari with the Supreme Court, which the court denied in March 2015.[50][53] In October 2015, Chief Judge Ann Aiken re-sentenced the pair to five years in prison (with credit for time served), ordering that they return to prison on January 4, 2016.[53][57]

Both of the Hammonds reported to Federal Correctional Institution, Terminal Island in California on January 4, as ordered by the court.[59] A few days earlier, the Hammonds also paid the federal government the remaining balance on a $400,000 court order for restitution related to the arson fires.[51]

On January 25, 2016, it became known that Susan Hammond, the wife of Dwight Hammond, signed a document for participation in a so-called "citizen grand jury" and claimed that the paper would clear her husband of wrongdoing. The author of the paper was Joaquin Mariano DeMoreta-Folch, a Tea Party activist.[60] The self-styled "citizens grand jury" has no legal standing, but is rather linked to the fringe sovereign citizen movement, a conspiratorial movement which rejects federal authority.[61][62]

Motives for the occupation

Protest leaders Ryan and Ammon Bundy are members of The Church of Jesus Christ of Latter-day Saints (LDS Church).[19][63] They and some of the other militants have cited the Mormon scripture as justification for defying government authority. After the occupation began, the LDS Church issued a statement, strongly condemning the seizure and that the armed occupation can in no way be justified on a scriptural basis (see below).[63][64][65][66] Alex Beam describes the Bundys as "Mormon religious fanatics".[67] Ammon Bundy is the leader of the group now calling themselves Citizens for Constitutional Freedom.

Cliven Bundy, a Mormon who was involved in a 2014 standoff with law enforcement authorities during an illegal occupation of federally owned lands in Nevada, has frequently made references to the Book of Mormon in his conflicts with the U.S. government for years. According to Oregon Public Broadcasting, during the family's 2014 standoff, Bundy used banners quoting Moroni: "In memory of our God, our religion, and freedom, and our peace, our wives, and our children."[68]

In 2016, Ammon, a son of Cliven Bundy, used much of the same language as his father, "mixing Mormon religious symbolism with a disgust of the federal government" during the occupation. One member of Bundy's militant group refused to give any other name to the press than "Captain Moroni, from Utah"[69] and was quoted as saying, "I didn't come here to shoot. I came here to die."[70]

Militant occupation

Prelude

Ammon Bundy, pictured here in 2014, began planning the takeover of MNWR in October 2015.

After the U.S. Supreme Court declined to hear the Hammonds' appeal in March 2015, the Hammonds' case returned to federal district court where they were re-sentenced to the statutory minimum of five years, with credit for time served. Meanwhile, the Oregon Farm Bureau circulated a petition seeking clemency from President Barack Obama.[57]

About this time, the Hammonds' case attracted the attention of Ammon Bundy and Ryan Payne, who had been looking for a cause to adopt since the conclusion of the Bundy standoff in May 2014. In November 2015, Bundy and his associates began publicizing the Hammonds' case via social media.[71][72]

Over the ensuing weeks, Bundy and Payne met for approximately eight hours with Harney County Sheriff David Ward to detail plans for what they described would be a peaceful protest in Burns, as well as also requesting the sheriff's office protect the Hammonds from being taken into custody by federal authorities. Though Ward said he sympathized with the Hammonds' plight, he declined Bundy and Payne's request. Ward then said that he subsequently received death threats by email. Unbeknownst to Ward, Bundy and Payne were simultaneously planning a takeover of Malheur National Wildlife Refuge. By late fall, local, state, and federal law enforcement agencies had become aware that members of anti-government militias had started to relocate to Harney County, and the U.S. Fish and Wildlife Service (USFWS) began circulating a photograph of Ammon Bundy with instructions for staff to "be on the lookout."[46][73][74]

Despite several early meetings with Bundy and Payne, the Hammonds eventually rejected their offers of assistance, with Hammond attorney W. Alan Schroeder writing that "neither Ammon Bundy nor anyone within his group/organization speak for the Hammond family."[2] When later asked about the occupation, Susan Hammond was dismissive and said, "I don't really know the purpose of the guys who are out there."[75]

By early December 2015, Ammon Bundy and Ryan Payne had set up residence in Burns. The same month, they organized a meeting at the Harney County fairgrounds to rally support for their efforts. At the meeting, a "committee of safety" was organized to orchestrate direct action against the Hammond sentences.[46] According to that group's website, the Harney County Committee of Safety considers itself "a governmental body established by the people in the absence of the ability of the existing government to provide for the needs and protection of civilized society"[76] (during the American Revolution, committees of safety were shadow governments organized to usurp authority from colonial administrators).[77]

On December 30, 2015, USFWS staff members at Malheur National Wildlife Refuge were dismissed early from work. With tensions rising in nearby Burns, supervisors left staff with the final instruction not to return to the Refuge unless explicitly instructed.[74] Meanwhile, some residents of Burns reported harassment and intimidation by militia members. According to the spouses and children of several federal employees and local police, they had been followed home or to school by vehicles with out-of-state license plates.[78]

On January 1, 2016, a forum held at the Harney County fairgrounds was attended by about 60 local residents and members of militias. A Burns-area resident who organized the event described it as an opportunity to defuse tensions that had been simmering between locals and out-of-town militia in the preceding days. It was unclear how the group should proceed. The event alternated between expressions of sympathy for the Hammonds and suggestions that a peaceful rally could be beneficial.[79]

On January 2, a crowd of about 300 gathered in a Safeway parking lot in Burns. Following speeches, the crowd marched to the home of Dwight and Steve Hammond, stopping briefly en route to protest outside the sheriff's office. The crowd then returned to the Safeway parking lot and broke up. According to KOIN, there was "no visible police presence at any point."[73][80]

Occupation

First week

A USGS satellite image of the MNWR headquarters shows a fire lookout used as a watch tower (1) the main offices used as a headquarters (2) and buildings used as a canteen and barracks (3)

Ammon Bundy and Ryan Bundy  along with Jon Ritzheimer[9] and armed associates  separated from the protest crowd at some point during the day and proceeded to the Malheur National Wildlife Refuge (MNWR), 30 miles (48 km) away.[1] The militants settled into their occupation and set up defensive positions,[1] while making several proclamations of their demands and calling on other supporters to join them.[2] Law enforcement kept away from the Refuge,[1][73][81] but various security measures were taken in surrounding areas.[82][83] Despite the increased presence in and around Burns, by the end of the day on January 4 no overt police presence was visible in the thirty miles between the town and Malheur National Wildlife Refuge headquarters, seemingly underscoring the cautious, non-confrontational approach by authorities.[82] Federal authorities were thought to "be mindful of prior clashes with people who did not recognize government authority", such as the Ruby Ridge incident in 1992 and the Waco siege in 1993. These events "ended in bloodshed and became rallying cries for antigovernment militants", in contrast to similar standoffs which ended peacefully, such as the 1996 standoff with the Montana Freemen, which was resolved by extended negotiations leading to the group's surrender.[84]

On January 2, the militia leaders claimed to have 150 armed members at the site, while media reports suggested a dozen armed militants were on the site,[85] and "between six and 12."[86] On January 3, The Oregonian said there were roughly 20 to 25 people present and that the militants had deployed into defensive positions.[81] On January 3, Ammon Bundy claimed that they were being supplied by area residents.[87]

Other protest groups took varying positions. On January 2, the Idaho 3 Percenters disclaimed involvement, calling the occupation a small splinter action.[88] A fistfight erupted at the refuge on the evening of January 6 when three members of a group calling themselves Veterans on Patrol attempted to enter the headquarters and convince women and children to leave. Instead, they were repelled by militants, leaving one member of the Veterans on Patrol with a black eye.[89] Later in the week, members of other militias later met with the militants, asking them to establish a perimeter around the occupied area to avoid a "Waco-style situation".[90] A number of other militia and anti-government groups, some armed, arrived and were greeted with mixed reception.[91] On January 8, the 3 Percenters announced it was sending some of its members to "secure a perimeter" around the MNWR compound and prevent a repeat of the Waco siege. Bundy welcomed the arrival of the additional militants.[88][92]

Ryan Bundy stated that the militant group wants the Hammonds to be released and for the federal government to relinquish control of the Malheur National Forest.[9] On January 3, Ammon Bundy said the ultimate goal of the militants was to "get the economics here in the county revived" for logging and outdoor recreation.[87] On January 4, the militants announced they had organized into an umbrella group called Citizens for Constitutional Freedom.[93]

Notice posted on the MNWR's website stating its closure "until further notice".

On January 4, Steve Grasty, the judge-executive of Harney County, emailed Ammon Bundy requesting that he leave the refuge.[94] Ammon Bundy's brother, Ryan, said that he and the other militants would leave the property "if the county people tell us to". Sheriff David Ward then requested that the Bundys and others to leave. In response, Ryan Bundy said he wasn't convinced Ward spoke for the county.[95] In a public meeting held on January 6 at the Harney County fairgrounds, nearly every attending person, according to Oregon Public Broadcasting, raised their hands on a question asking if the militants should leave. Ward then offered to escort the militants to the county line if they would depart voluntarily.[96]

On January 7, Sheriff Ward and other local sheriffs met with Ammon Bundy and Ryan Payne 20 miles from the site of the occupation. Sheriff Ward repeated his earlier offer to escort the militants out of the county. Bundy rejected the offer, saying he and his confederates would hold out until the federal government had surrendered all of its land holdings to local residents.[97]

Meanwhile, on January 4, Dwight and Steve Hammond voluntarily reported to begin serving the remainder of their respective prison sentences.[98]

Second week

Matt Shea, a member of the Washington House of Representatives, was one of several out-of-state politicians to meet with the militants on January 9 over objections of local officials.

On January 9, the Pacific Patriots Network, a separate militia, arrived to secure a perimeter around the refuge, but were not welcomed and withdrew. However, other groups, such as the 3 Percenters, remained.[91] By January 10, to the apparent exasperation of local officials, an influx of armed groups and individuals was rotating through Burns, with some declaring they were there to support the armed occupation, others to try to convince the militants to quit, and still others with undefined purposes.[99] Some militants, meanwhile, left the occupation completely.[100]

On January 11, the militants demolished a stretch of fence between the refuge and an adjacent ranch, apparently to give the adjacent ranch access to land that had been blocked for years.[101][102][103] However, the ranch owners did not want the fence taken down and subsequently repaired it.[104] The militants began searching through government documents stored for proof of government wrongdoing toward local ranchers.[105][106]

Ward expressed concern that the militants were intimidating federal employees, including following individuals home and observing them there.[106]

On January 12, Bruce Doucette, the owner of a computer repair shop in Denver and self-proclaimed judge, announced he would convene a citizen grand jury to charge government officials with various crimes.[61] During a previous militia rally in 2015, Doucette, who has not attended law school nor ever held judicial office, referred the Denver Post to his Facebook page when asked for documentation of his magistracy.[107] Doucette's claims to be a judge are consistent with legal frauds often practiced by the sovereign citizen movement and other anti-government movements. The Southern Poverty Law Center noted a similarity between Doucette's planned trials and the false trials held by the Montana Freemen group in the 1990s.[108] On January 15, it was revealed that the militants had been filing false legal documents and threatening local officials they view as being uncooperative with their "grand jury" proceedings or charges of treason.[109]

January 15 saw the first arrest of a militant with a man apprehended while driving a vehicle stolen from the refuge facility.[110][111]

Third week

Ammon Bundy speaks to a FBI negotiator via speaker phone at the Mahleur National Wildlife Refuge on January 21.

Militant numbers continued to grow to "several dozen" according to one report[112] or about 40 in another.[113] On January 16, the Oath Keepers anti-government militia group warned of a prospective "conflagration so great, it cannot be stopped, leading to a bloody, brutal civil war" if the situation declined to violence,[114] and reiterated demands for the federal government to cede ownership of the wildlife refuge.[112]

On the same day, militants began to vandalize the property,[115] which local community leaders characterized as an attempt to provoke violent confrontation.[116] A video released by the militants showed them inspecting a locked storage room for Burns Paiute tribe artifacts held in agreement with the tribe,[117] leading the tribe to ask the federal authorities to block the passage of occupiers to the site.[118]

Ammon Bundy and several members of the militant group unexpectedly attended a community meeting in Burns, Oregon; many attendees spoke of their desire to see the militants leave and Judge Steven Grasty directly addressed Bundy with the statement "It is time for you to go home", provoking cheers from the crowd.[119][120][121]

The Sheriff's office also confirmed that militant Duane Kirkland, of Hamilton, Montana, had been arrested on charges of being a felon in possession of a firearm.[122]

On January 21, Bundy met with the FBI and discussed with them about relinquishing federal government control of the refuge as well as the releases of Dwight and Steven Hammond. He agreed to meet with the FBI again on the next day, but when the meeting occurred, Bundy left when the agent present declined to negotiate in front of the media.[123][124][125]

Fourth week

Arrests and shooting

During the first weeks, law enforcement allowed the militants to come and go from the refuge at will.[26] On January 26, the main leaders attempted to drive two vehicles to nearby Grant County, Oregon, where Ammon Bundy was scheduled to speak at a public meeting.[126] It was the first time in which the main leaders were traveling together away from the refuge headquarters. State and federal authorities used the opportunity to intercept them with a traffic stop on a stretch of U.S. Route 395, situated away from populated areas.[26]

FBI surveillance aircraft captures video footage of a white truck driven by Robert "LaVoy" Finicum being pursued by police vehicles on U.S. Route 395. In the video, Finicum encounters a police roadblock and attempts to evade it, only to embed his truck in a roadside snowbank. Quickly exiting the truck, Finicum walks while holding his hands in the air, then moves his hands near his torso before being shot. (One-minute excerpt from 26-minute FBI aerial footage.)[127] The FBI report that they recovered a handgun from Finicum's jacket pocket.[128]

At first, both cars stopped, and the occupants of one of the cars surrendered peacefully and were taken into custody. Ryan Payne, who exited the second car, also surrendered peacefully and was arrested. After sitting still for almost four minutes, the second car, driven by Robert "LaVoy" Finicum, drove away at high speed.[129] This second vehicle also contained Ryan Bundy and other militants.[129][130] They were subsequently pursued by officers and eventually encountered a roadblock about a mile later. During an attempt to bypass the roadblock, the truck became embedded in a roadside snowbank.[131] Finicum was shot dead and Bundy injured. Officials state that Finicum was reaching for a gun in his pocket when he was shot by a state trooper.[26] The FBI also said that a loaded handgun was found in Finicum's pocket.[128]

Both of the Bundy brothers and three other militants were detained. They will face "federal felony charges of conspiracy to impede federal officers from discharging their official duties through the use of force, intimidation or threats" (Title 18, United States Code, Section 372).[132][13][12][25] Medical assistance was given to Finicum approximately 10 minutes after the shooting.[133]

Prior to the video of the action being released, some of the militants and supporters had claimed that Finicum was cooperating with the police when he was shot. This included a claim by Nevada legislator Michele Fiore that "he was just murdered with his hands up". Fiore was not present at the arrest, but said she had spoken to Ammon Bundy's wife, who he had called after the arrest.[134] Cliven Bundy was quoted as saying that Finicum was "sacrificed for a good purpose".[135] At a news conference, officials had initially declined to comment on the Finicum shooting because the encounter was still under investigation,[136] but they later released surveillance video of the incident, which officials said shows Finicum reaching for a handgun after feigning surrender.[137][138] However, Finicum's family continued to dispute the nature of the shooting, claiming that he was shot in the back while his hands were in the air, and denied the FBI's assertion that Finicum was armed at the time of his death.[139] The Finicum family commissioned a private autopsy, but declined to make the results public.[140]

Three others were arrested in separate actions: Peter Santilli and Joseph O'Shaughnessy were arrested locally, while Jon Eric Ritzheimer was arrested by the FBI in Arizona after turning himself in.[141]

Continued occupation and legal proceedings

Following the arrests, the occupation continued.[130] Early on Wednesday morning, occupier Jason Patrick said that women and children had left the occupation, adding that five to six people met and then decided to continue the occupation.[12] Many people reportedly left in a hurry. Hours later, federal and state police forces moved into the region, formed a perimeter around the refuge, and blocked access to it by setting up roadblocks. Only ranchers who owned land near the area were allowed to pass.[142]

The remaining members debated on what to do next, with some angry about the recent events.[143] Through his lawyer, Ammon Bundy urged those remaining at the refuge to stand down and go home,[144] statements that were echoed by his wife.[145] Two hours later, a convoy of vehicles was seen leaving the refuge.[146] Eight people left the refuge and were met by the FBI and OSP at the perimeter. Three militants, including Patrick, surrendered and were arrested, while five other individuals were allowed to leave the refuge by authorities without incident.[147][148] Reports stated that five to seven militants remained at the refuge,[136][148][149] though by the following morning there were four remaining. They were identified as David Fry, 27, of Blanchester, Ohio; husband and wife Sean, 48, and Sandy Anderson, 47, both of Riggins, Idaho; and Jeff Banta, 46, of Elko, Nevada.[150][151]

Fry reported that there is a warrant for the arrest of Sean Anderson;[152] the Associated Press reported that Anderson was facing misdemeanor charges in Wisconsin for resisting arrest and drug possession.[153] Fry also added that the others are free to go. However, the four are reluctant to leave unless they are all allowed to go freely and Sean Anderson is not arrested.[154][155] The FBI reportedly offered a deal where Sean Anderson would be arrested and the others would go free; this was acceptable to Fry and Banta, but not Sandy Anderson, at which point all four made a pact to remain together.[150] The FBI would not comment on possible arrests, but confirmed they are talking to the group.[156]

By January 29, the four said they had ended negotiations with the FBI and were planning to remain at the refuge until their supplies run out.[150] On January 30, the FBI said negotiations were continuing.[157] The militants also claimed that the FBI was shutting down their ability to communicate with the outside world, including by locking down their ability to make or receive mobile phone calls.[158] The FBI later confirmed this action.[159] The militants were able to maintain contact with Oregon Public Broadcasting from January 31 to February 3, at which point their line of communication was cut.[160] About a week later, David Fry was able to reestablish online communications.[161] On February 3, 2016, the remaining four militants, along with twelve of the arrested militants, were indicted for conspiracy to impede U.S. officers, though Kirkland and Stetson were not.[162]

Meanwhile, at a court hearing on January 29, Ammon Bundy and several of the other jailed militants were ordered held without bail. U.S. Magistrate Judge Stacie F. Beckerman saying she would not release them while the occupation continues.[163][164] Bundy's lawyer said that he is not aligned with those remaining in occupation and that he did not recognize Fry's name.[128] Shawna Cox was subsequently bailed.[165] The defendants will return to court in the week beginning February 1.[128]

Fifth week

On February 6, more than 1,000 supporters attended the funeral of LaVoy Finicum in Kanab, Utah, while others rebuilt a razed memorial on U.S. Route 395.[166] About another 100 people led by the 3 Percenters rallied at the Idaho Statehouse in the afternoon in honor of Finicum, who they believed was unarmed at the time of his death.[167]

Towards the beginning of the sixth week, David Fry managed to reestablish online communications.[168]

Signs were added at some roadblocks stating that unauthorized protesters or visitors would be subject to arrest if they passed said blocks.[169]

Sixth and final week

At about 4:30 p.m. on February 10, one of the remaining militants rode past the police barricades on an all-terrain vehicle before returning to the refuge at high speeds. Federal authorities claimed that caused them to began to surround the refuge at around 5:45 p.m.[170][171] Mike Arnold, Ammon Bundy's lawyer, learned of the escalation from a live feed where the remaining holdouts were talking of murder and asking to speak to Nevada Assemblywoman Michele Fiore. Fiore was informed of the request as she touched down at the Portland International Airport. Meanwhile, Arnold sent text messages to an FBI negotiator saying, "Fiore is landing now. Can you get her on the phone with the people at the refuge? ... We can slow this down by offering Michele Fiore to talk to them."[172] Fiore stated on a YouTube livestream with the militants that she would try to mediate the situation.[171] While she talked to the four militants, Arnold worked on getting the FBI on the phone. At 7:38 p.m., an FBI agent told Arnold that Fiore was doing a good job and they should go to Burns.[172]

Later that night, it was reported that the remaining militants would be turning themselves in to the FBI at 8:00 a.m. on the following morning.[173] On February 11, Sean and Sandy Anderson, and Jeff Banta all surrendered to the FBI without incident, followed by David Fry an hour later. The previous night, Cliven Bundy was arrested for events during the 2014 Bundy standoff,[174] after he flew into Portland to support Fry, Banta, and the Andersons.[175] Following the surrender of the last militants, the FBI labeled the entire refuge a crime scene began canvassing the buildings in search of potential explosive devices and any previously existing hazardous materials.[176]

People involved

Robert "LaVoy" Finicum pictured in a building at the Malheur National Wildlife Refuge in January 2016.

Ammon Edward Bundy (born September 1, 1975) is a car fleet manager and was the leader of the occupation until his arrest. He and his wife Lisa own a 5,102 square feet (474 m2) home in Emmett, Idaho.[17][177][178]

Robert "LaVoy" Finicum (1961 – January 26, 2016)[178] was a neighbor of Cliven Bundy, though he lived in Arizona.[179] Finicum was a rancher whose cattle grazed on BLM land, and he maintained that he owned grazing rights on that land through natural law. Finicum wrote a book entitled Only by Blood and Suffering: Regaining Lost Freedom. The Finicums are foster parents to a number of children, who have all been removed from their care due to their involvement in the standoff; Finicum complained that this took away his and his wife's main source of income.[180] Finicum was dubbed "Tarp Man" by MSNBC for sitting outside at night in a rocking chair, covered completely in a blue tarp and a rifle underneath.[181] When asked if he would rather be killed than arrested if the occupation turned violent, Finicum replied, "Absolutely ... I have no intention of spending any of my days in a concrete box."[182] On January 26, having resisted arrest at an initial traffic stop, Finicum was shot dead at a subsequent roadblock on U.S. Route 395 in Harney County, Oregon.[25][183][130]

Ryan C. Bundy (born 1972)[178] is the brother of Ammon Bundy.[184] As he was being arrested in January 2015 in Cedar City, Utah, on a warrant for interfering with a law enforcement officer, Ryan allegedly resisted arrest and was given additional charges.[185] He was slightly wounded while in Finicum's vehicle at the scene of the traffic stop, treated and released to FBI custody.[25]

Ryan W. Payne (born 1983)[178][186] is an electrician and member of the West Mountain Rangers, a militia group from Montana.[187][188][189] During the Bundy standoff in 2014, Payne claimed to have organized a team of militia sharpshooters.[190] During the occupation, Payne commented that they would "be here for as long as it takes". However, he further remarked that his group was not violent, but it was possible that the standoff could turn violent.[191] Payne was arrested and taken into custody on January 26, 2016.[192][193][194][195] He appeared in court on January 29 along with four other jailed militants and was denied bail by the judge.[196]

Jon Eric Ritzheimer (born 1983)[178] is an anti-government and anti-Muslim militant affiliated with the 3 Percenters[197] and formerly associated with the controversial Oath Keepers group.[141][198]

Blaine Cooper, 2014

Brian Cavalier (born 1971; also known as "Booda" or "Booda Bear")[178] was involved in the 2014 Bundy standoff and has described himself as a "personal bodyguard" to Cliven Bundy. After leaving the refuge on January 5, Cavalier was arrested in Maricopa County, Arizona on an outstanding warrant and later released.[199] According to prosecutors, his access to firearms is restricted due to his criminal record, but he has nonetheless consistently possessed weapons.[200] Cavalier was convicted in Arizona of misdemeanor theft in 2014, and misdemeanor extreme DUI in 2005. Cavalier has claimed to have served in the U.S. Marine Corps, but the Corps has stated it has no record of Cavalier.[201][199]

Stanley Blaine Hicks,[202][203] also known as Blaine Cooper, was a member of the "Arizona State Militia, Praetorian Guard". He enlisted in the Marine Corps through the Delayed Entry Program, but according to service records, he never reported for Marine recruit training.[8][9] He has been convicted in Arizona of felony aggravated assault.[204] In 2013, during a town hall meeting hosted by U.S. Senator John McCain, Cooper called for McCain to be arrested for treason.[8][9][22]

Neil Sigurd Wampler, 68, of Los Osos, California, is a camp cook. He was convicted in 1977 of second-degree murder for killing his father and as a result is prohibited from possessing firearms, which Wampler has frequently protested.[205]

Arrests and casualty

Jon Ritzheimer, pictured here in May 2015, was identified as one of the leaders of the militant occupation.

Reactions

Media

Due to the presence of members with connections to hate groups and violent anti-government groups, The Daily Beast dubbed the event "Wingnut Woodstock", referencing a militant, Dylan Anderson, who at the time would only identify himself as "Captain Moroni" (in an apparent reference to a Mormon legend) who told media outlets, "I didn't come here to shoot. I came here to die."[223]

Pacific Standard magazine published a detailed analysis of many of the historical claims made by the militants in their public statements and in an "open letter" addressed to Harney County Sheriff David Ward. The magazine rates the claims as "libertarian fairy tales" and "revisionist" and noted "you can tell the story of Harney County as a morality tale about the evils of big government only if you leave most of it out. And so they do."[224]

Legal scholars

Lawyers and legal scholars said that the occupiers "are making demands that fly in the face of the U.S. Constitution."[225] Erwin Chemerinsky, the dean and Distinguished Professor of Law at the University of California, Irvine School of Law, wrote:

Those who are occupying the Malheur National Wildlife Refuge in Oregon are making a legal argument that has no basis. ... Although the law on this is clear and has been for decades, the protestors continue to argue that the federal government does not have valid legal ownership of the land and must give it back to the states. It is similar to tax protestors who continue to argue that the federal income tax is unconstitutional, despite every court rightly rejecting this argument.[226]

Anti-government activists

Cliven Bundy, the father of Ammon and Ryan Bundy, said he was not involved in organizing the takeover of the MNWR facilities and added that it was "not exactly what I thought should happen".[73]

Asked about the incident, Mike Vanderboegh, a founder of the 3 Percenters militia, described the militants as "a collection of fruits and nuts", described Jon Ritzheimer as a "fool", and said Ammon Bundy had "a John Brown complex".[227]

The group Oath Keepers (of which Jon Ritzheimer was formerly a member) in a statement published on its website prior to the seizure of the MNWR facilities, said, "[W]e cannot force ourselves or our protection on people who do not want it. Dwight and Steven Hammond have made it clear, through their attorney, that they just want to turn themselves in and serve out their sentence. And that clear statement of their intent should be the end of the discussion on this."[228] Stewart Rhodes, the group's leader later took back their statements and warning of a "bloody, brutal civil war" if the situation did not end peacefully with the group's demands met.[114]

Residents

The New York Times reported that "[r]esidents expressed sympathy with the underlying complaints, but elected officials criticized the armed protesters as an outsider militia group whose actions had thrown their community into a harsh national glare."[229] Former Burns mayor Len Vohs said, "The majority of us support the Hammonds, but we don't need outsiders telling us what to do." He criticized the tactics used by the militiamen, saying that it was "anarchy" and "might is right" thinking.[230] Harney County commissioner Dan Nichols, a neighbor of the Hammond family, made similar comments, saying that he shared frustrations about federal land policy but strongly disagreed with the involvement of armed outsiders.[229]

In a meeting held on January 6, local residents nearly unanimously agreed they wanted the militants to leave in a show of hands to a question from Harney County Sheriff David Ward, although some expressed agreement with the concerns raised by the militia group over land use issues.[231]

Federal, state, local, and tribal governments

On January 4, White House Press Secretary Josh Earnest said, "[U]ltimately this is a local law enforcement matter and the FBI is monitoring the situation and offering support to local law enforcement officials." Earnest added that President Barack Obama was aware of the situation.[232]

In a statement issued January 7, Governor Kate Brown of Oregon said, "I agree that what started as a peaceful and legal protest has become unlawful. It was instigated by outsiders whose tactics we Oregonians don't agree with. Those individuals illegally occupying the Malheur Wildlife Refuge need to decamp immediately and be held accountable."[233]

In a statement posted to its website on January 4, the Harney County Court said that "the Refuge is under federal jurisdiction. The County Court will stay engaged within the limits of our legal authority. The Hammond family is well respected in Harney County, [the] motivation of the militia groups that have descended on Harney County goes far beyond the troubles of the Hammond family as demonstrated by their actions at the Refuge." The court went on to announce it had ordered increased security at the county courthouse.[234] Harney County Judge Steve Grasty announced that the Bundy group would be billed the security costs incurred by the county as a result of the occupation, estimated at $60,000 to $70,000 per day.[235]

The governing council of the Burns Paiute Tribe, an Indian nation in Harney County, declared the militants were endangering the tribe's history by their presence and called on them to leave. Tribal chair Charlotte Rodrique went on to explain that the U.S. Fish and Wildlife Service was the protector of traditional Burns Paiute religious and archaeological sites in the area and that the displacement of federal authorities put such locations at risk.[236]

State Representative Cliff Bentz, who represents the region in the Oregon House of Representatives, said that the outside groups do not represent Burns or Harney County, explaining, "They're trying to use the misfortune of the Hammonds to further the interests of the Bundys."[237]

U.S. Representative Greg Walden of Oregon said in his speech on the floor of the House that "I am not condoning this takeover in any way. I want to make that clear. I don't think it is appropriate. There is a right to protest. I think they have gone too far. But I understand and hear their anger."[238]

In a January 6 press release, the Western State Sheriffs Association (WSSA), an organization representing 800 sheriffs in the Western United States, said its mission was to "promote the office of Sheriff and to assist our member Sheriffs on issues of mutual concern" and that it had offered Harney County Sheriff David Ward to organize out-of-state resources to send to Oregon if requested. The WSSA statement went on to note that it did not "support efforts of any individual or groups who utilize intimidation, threats or fear in order to further an agenda."[239]

Organizations

The Oregon Cattlemen's Association, while maintaining it still supported the Hammonds, released a statement that declared it did "not support illegal activity taken against the government. This includes militia takeover of government property, such as the Malheur Wildlife Refuge."[240]

In a January 4 statement released by The Church of Jesus Christ of Latter-day Saints, Church leaders said they "strongly condemn the armed seizure of the facility and are deeply troubled by the reports that those who have seized the facility suggest that they are doing so based on scriptural principles. This armed occupation can in no way be justified on a scriptural basis."[66][63][241]

The group People for the Ethical Treatment of Animals (PETA) launched a publicity stunt on January 5 by sending a delegation to the area to give vegan jerky to militia members.[242][243]

The Audubon Society of Portland, in a written statement, said that the "occupation of Malheur by armed, out of state militia groups puts one of America's most important wildlife refuges at risk. It violates the most basic principles of the public trust doctrine and holds hostage public lands and public resources to serve the very narrow political agenda of the militants."[244]

Beginning at the end of January, the Oregon Natural Desert Association (ONDA) and other Oregon-based conservation groups have begun efforts to mobilize volunteers who are interested in assisting environmental restoration at the refuge after the occupation ends. ONDA announced that more than 600 people from all over the Pacific Northwest responded to their calls.[245]

Other

The militants were mocked on social media, with commentators ridiculing the groups as "Y'all Qaeda" (in reference to American dialectical Y'all and the group al-Qaeda).[246][247] Twitter hashtags such as "#OregonUnderAttack", "#VanillaISIS"[247] (Vanilla Ice and ISIS),[248] "#Yeehawdists" (Yeehaw and Jihadists), "#Yokelharam" (Yokel and Boko Haram), and "#Talibundy" (Taliban and the Bundy surname) were used.[249][250][251][252]

After the militants asked their supporters for food and fuel donations to be sent to them, internet trolls mailed the militants numerous packages of glitter and sex paraphernalia.[253][254]

Writer Ursula K. Le Guin, a resident of Oregon, wrote in a letter to the editor to the Oregonian that "Ammon Bundy and his bullyboys aren't trying to free federal lands, but to hold them hostage. I can't go to the Malheur refuge now, though as a citizen of the United States, I own it and have the freedom of it." Le Guin referred to the militants as "a flock of Right-Winged Loonybirds."[255]

Self-identified Islamic State of Iraq and the Levant (ISIL) supporters used media publicity of the event to promote themselves, declaring that Americans should "destroy their corrupt, evil, and oppressive government."[256]

On February 3, additional security officers were sent to national wildlife refuges in southern Oregon, northern California, and Nevada in response to the occupation.[257]

Debates over the definition of terrorism

In the midst of the extensive overall coverage of the occupation, a specific subtopic was given considerable consideration - namely the ways in which the media and law enforcement have described[258] and have reacted to the militia occupation.[259][260][261] The reaction to the militants, who are predominantly white and Christian, has been contrasted with that to black protesters, e.g. associated with the Ferguson protests and the Black Lives Matter movement,[262] or to Muslims.[263] Some commentators have described decisions not to label the militants as terrorists as an example of white privilege.[260][264][265][266][267]

The militants themselves have drawn the comparison with the Black Lives Matter and other anti-racist demonstrations, with one saying, in contrast to most media reports, they have been more harshly treated than Black Lives Matter protesters.[268] Rachel Alexander, editor of the Intellectual Conservative news blog, wrote an op-ed on February 1 in which she drew contrasts between the militants and the Black Lives Matter and Occupy Wall Street (OWS) movements, and criticized authorities' treatment of the militants. However, she also criticized the militants' actions in seizing control of the refuge.[166][269] Ammon Bundy was initially reported to have tweeted comparing himself to Rosa Parks,[270] but the post was later reported to have been sent by a hoax account,[271] although other involved militants have made a comparison with Parks.[113]

See also

References

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  2. 1 2 3 Stack, Liam; Fandos, Nicholas (January 3, 2016). "Wildlife Refuge Occupied in Protest of Oregon Ranchers' Prison Terms". The New York Times (New York: The New York Times Company). p. A13. ISSN 0362-4331. Retrieved February 9, 2016.
  3. Flowers, Shaunee (January 8, 2016). "Ammon Bundy Met With Harney County Sheriff, Refuses To Leave Malheur National Wildlife Refuge". The Inquisitr. Retrieved January 8, 2016.
  4. Valdes, Manuel (January 9, 2016). "Armed Group Not Ready to End Wildlife Refuge Occupation". ABC News (New York: American Broadcasting Company). Associated Press. Archived from the original on January 9, 2016. Retrieved February 2, 2016.
  5. Moore, Wanda; Lerten, Barney (January 4, 2016). "Militia leader explains takeover, says group has name". Bend, OR: KTVZ. Archived from the original on January 4, 2016. Retrieved February 2, 2016.
  6. Moore, Wanda; Lerten, Barney (January 5, 2016). "Harney County sheriff urges others not to join refuge 'militants'". Bend, OR: KTVZ. Retrieved February 2, 2016.
  7. Bult, Laura (January 5, 2016). "Ryan Bundy, one of the leaders of the armed militia occupying the Malheur Wildlife Refuge in Oregon, says locals support them". Daily News (New York). Retrieved January 8, 2016.
  8. 1 2 3 4 Gibbons-Neff, Thomas (January 4, 2016). "Meet the veterans who have joined the Oregon militiamen". The Washington Post (Arlington, VA: Nash Holdings LLC). ISSN 0190-8286. Retrieved January 5, 2016.
  9. 1 2 3 4 5 Zaitz, Les (January 3, 2016). "Militia takes over Malheur National Wildlife Refuge headquarters". The Oregonian/OregonLive.com (Advance Publications). ISSN 8750-1317. Archived from the original on January 3, 2016. Retrieved January 3, 2016.
  10. Pamplin Media Group (January 6, 2016). "Sheriffs respond to Harney County's call for help". Portland Tribune (Portland, OR: Pamplin Media Group). Retrieved January 6, 2016.
  11. Roberts, Heather (January 6, 2016). "DCSO Responds to Harney County Request". Bend, OR: KBND. Retrieved January 6, 2016.
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  17. 1 2 Nagourney, Adam (April 24, 2014). "A Defiant Rancher Savors the Audience That Rallied to His Side". The New York Times (New York: The New York Times Company). p. A1. ISSN 0362-4331. Retrieved January 19, 2016.
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Bibliography

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