Erica Ritz:
Fox News’ senior judicial analyst, Judge Andrew Napolitano, explained on TheBlaze TV’s DanaFriday how the federal government managed to snatch “defeat out of the jaws of victory” on the controversial Nevada rancher case.
“The problem here is that the federal government — as is typical when it wins its case — has overplayed its hand and has completely turned the dynamics in which it won, into a case in which it’s probably going to lose, because of the manner in which it’s enforcing its victory,” he explained.
Judge Andrew Napolitano speaks about Nevada rancher Cliven Bundy with Dana Loesch in an episode of ‘Dana’ that aired April 18.
Napolitano described how the Nevada rancher, Cliven Bundy, has claimed the land on which he was grazing his cattle belonged to the state, not the federal government, and that’s why he chose not to pay federal grazing fees.
“A federal court decided that it belonged to the federal government, and that position was upheld on appeal,” Napolitano said. “Now, that is a decision that never should have been made by a federal court, for two reasons. The federal government should never be in a position in which it is deciding on the extent of its own power … And secondly, when you have a dispute over real estate, there’s a universal principle of law everywhere in the United States of America … that real estate disputes are resolved by state courts.”
Nevertheless, Napolitano added, the federal government won and the decision was upheld.
“At that point the federal government could’ve won,” Napolitano said. “But instead of docketing the judgement, instead of taking that piece of paper and filing it in the courthouse and waiting for Mr. Bundy to pass the property on to someone else … it decided to use brute force to enforce its judgement, and that’s when the entire dynamic turned around.”
Judge Napolitano has it right. By filing a lien, or liens, the federal government could recoup the grazing fees. Sell a cow, get a portion of the proceeds of that sale. That’s how it is supposed to work.
Taking this a point further, both sides are to blame in this whole incident. The federal government, obviously, overreacting in their response. They could’ve simply rounded up the trespassing cattle, transport them back to the Bundy ranch and bill him for all of the costs. It would be akin to when your car is towed from a no parking zone. Don’t pay, your don’t get it back. The Bundy family overreacted as well. By saying they don’t recognize federal authority, that’s like saying you will only obey the laws you like. Sorry, but this country doesn’t work this way. There are a lot of laws and legislation we may not like, but we do not have the luxury of ignoring them.
As for Harry Reid, it’s all stupid talk on his part. It simply causes more discord.
Did the BLM, and the Department of Interior, violate federal law as written? One Congressman from Texas says it did and sent what could be considered a “cease and desist” letter to the President, among others.
http://www.westernjournalism.com/congressman-pens-letter-obama-blasting-lawless-blm/
… “With respect to Bundy, he’s lost. But in the hearts and minds of Americans he’s won, because he has resisted the uber-aggressive enforcement by the federal government …
“….Bureau of Land Management…quickly became “a group of thugs dressed in military uniform with loaded M16s pointed at a rancher and his family.”
“Payne and other supporters drove from as far away as 12 hours outside of Clark County to come stand by the ranchers’ side, the paper reported, and have received the blessing of well-organized militias from within the region. Payne, a member of the West Mountain Rangers, is also the coordinator of what he described to the paper as being a national association composed of state militias.” http://rt.com/usa/bundy-ranch-nevada-tensions-940/
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April 1775 – After engaging the minutemen (militias) in Lexington the British moved on to Concord, MA where they were confronted at the North Bridge by several hundred colonists…..
…The British Ultimately withdrew…
History beginning to repeat itself?
I am supposed to receive some more inside info from the scene by people who are directly involved; hopefully, it will be good information from the grass roots, the people who are willing to put their lives on the line to prove a point. I am working and driving, trying to make a living, but I am still in contact with some of the cowboys who were there.
They don’t have the ability to convey their feelings, but I will do my best. Obama has lost the support of the most patriotic people in America, when you lose the cowboy and the country people of Western America, your credibility as a leader is crumbling in from of you.
The precedent has been set; miss your Obama Care payments and fines, and IRS storm troopers can surround your home in utilities and war gear. Resist and they can light your ass up. Welcome to Obama’s America, if Obama, the Clintons, Al Gore, and the Obamas want your land, your home, your business, your life, they are going to take it. There are hundreds of millions to be made in bogus Green Energy scams and these criminals intend on making that money. Get in their way and you are suddenly not worth three dead flies.
America’s storm troopers are armed and ready to do Obama’s and Harry Reid’s bidding.
I no longer trust our federal government; the corruption is beyond measure.
My friends told me to wait on writing an article about the Bundy Ranch Terror, because they want to send me new material, but I will be up soon. I am unarmed, (Just so you know, in case I become an irritant to the regime) but I have a right that lands like a sledge hammer. LOL
It looks like Obama an Harry Reid just took a big dump in their own nest:
http://www.sltrib.com/sltrib/politics/57836973-90/utah-lands-lawmakers-federal.html.csp
It’s time to take control of our own states. Let the BLM go back to shuffling papers and playing choke the chicken in circle parties or maybe we know longer need the bastards.
@Skook#4-5 It will be interesting to hear what you find out – first hand…
…take care.
@David:
Unless you are a Democrat president, then you can apparently ignore or rewrite the law as you please. We are also all well aware that Congress has been known to exempt themselves from laws. Democrats are reaping what they have sown in letting Obama usurp the powers of all three branches. Why should any obey the law when the highest law enforcement person in the nation wont.