At 1/9/16 02:12 PM, RydiaLockheart wrote:
Background: The father and son landowners were doing a burn on their land to get rid of overgrown brush. The burn accidentally crosses over onto government land. Since the damage was fairly minor, the judge decided not to do the minimum 5-year mandatory sentencing mandate and charged them a fine and about a few months of jail time, which they had already served. The fine was also paid.
You dramatically misstate the prupose of the fire. It was not to clear brush (though that was their open excuse), rather it was to cover up the illegal hunting of deer on the land. So, they were destroying evidence, not cleaning their land. So let's get that point straight. No innocent act started this whole mess.
Now the federal government decides to butt in and drag the father and son to prison to make them serve out the remainder of the five years even though they have already paid their fine and done the time the judge in that case levied against them. That is double jeopardy and is not only unconstitutional, it's also illegal. I don't care if you're liberal or conservative, anyone should be upset at this overreach.
First off, the Federal Government didn't butt in. The US attorneys, who were part of the first trial, appealed the overtly and completely illegal sentencing. The imposition of a 1 year sentence on a 5 year mandatory minimum is no different than a state judge in Oregon imposing a 2 year jail sentence for harassment (a B misdemeanor which carries a maximum of 6 months).
Second, the judge broke the law and deserves to be admonished, and should receive bar action.
Third, that is NOT double Jeopardy. They are not being tried or sentenced twice. Their sentence is merely being modified to fit the law that the plaintiffs KNEW was overtly broken when they received it.
IIRC, the father and the son have retained a lawyer, but I don't know what the status of the case is.
This is a question of jurisprudence not politics. Frankly, the dad and son will not win. No court is going to decide that any and every disctrict court judge has the ability to unilaterally nullify sentencing laws. The dad and the son's only hope now rests in Obama, and because of the Bundy clan, a pardon of these men by Obama would be a huge political black eye, and would encourage more militia action. So, in an ironic twist, Bundy has actually sealed the fate of the Hammonds.