Episode 41 – Oregon & Executive Order

by Admin on January 6, 2016





Episode 41 – Oregon & Executive Order


Harney County Oregon

Dwight and Steven Hammond started a fire on their ranch and it spread to federal lands.  They were tried in Federal Court for arson on Federal Lands. The trial judge at sentencing felt the mandatory 5 year sentence was cruel and unusual and gave them lesser sentences. The Hammond’s served that sentence and went home. The Federal Prosecutor appealed that sentence and won in Appeals Court to re-sentence the Hammond’s to the Mandatory 5 years (with time served) as required under Antiterrorism and Effective Death Penalty Act of 1996 drafted following the 1990s World Trade Center and Oklahoma City bombings, and signed into law by President Bill Clinton.


2001 with permission Steven started a burn to combat invasive species.  Fire spread to 139 acres of BLM land (Hamonds ranch on over 10,000 private and 26,000 BLM acres).  The court later found that the damages were under $100 and BLM determined that the fire had raised the value of the gov land.

2006 lightening started a large fire threatening Hammond property.  Steven back burned to protect is land but did not get authorization from BLM.  A burn ban was in effect.  1 acre of gov land was damaged, later found to have a increase in value from the burning.

No one harmed, No Structures harmed.


2012 Judge Hogan of US District Court presided and Frank Papagni represented the US Gov over 2 week trial.  Not able to determine guilt on all charges, other than the 2 fires the Hammond’s confessed to starting.  All parties agreed to resolve case with the 2 charges.  The Judge expressed the opinion that he minimum 5 years was “grossly disproportionate” and that the Hammond’s conduct was not conducive with the AEDPA intent.  The judge felt this violated the 8th Amendment and “shocks the conscience.” Verbal agreement on record.  But, the federal government decided to appeal after the fact in December, 2013.


9th Circuit Court VACATED AND REMANDED Document


20 min video summary of situation:

Details of Obama’s Executive Order (LINK)

  1. Keep guns out of the wrong hands through background checks.“…doesn’t matter where you conduct your business—from a store, at gun shows, or over the Internet: If you’re in the business of selling firearms, you must get a license and conduct background checks.”ATF is finalizing a rule to require background checks for people trying to buy some of the most dangerous weapons and other items through a trust, corporation, or other legal entity.
  2. Make our communities safer from gun violence. Attorney General direct U.S. Attorneys around the country to direct federal prosecutors to continue to focus on smart and effective enforcement of our gun laws. FY2017 budget will include funding for 200 new ATF agents to help enforce our gun laws.
  3. Increase mental health treatment and reporting to the background check system.The Administration is proposing a new $500 million investment to increase access to mental health care. The Department of Health and Human Services is finalizing a rule to remove unnecessary legal barriers preventing States from reporting relevant information about people prohibited from possessing a gun for specific mental health reasons.
  4. Shape the future of gun safety technology.The President has directed the Departments of Defense, Justice, and Homeland Security to conduct or sponsor research into gun safety technology.

In the coming weeks, the Administration will engage with manufacturers, retailers, and other private-sector leaders to explore what more they can do.

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