Sovrun Cattle - The Sagebrush Saga of Cliven Bundy

[The Observer]

A situation is developing in Nevada between a cattle rancher and BLM over grazing rights. While the words "sovereign" or "freeman" have not been tossed out yet, it definitely consists of elements that would attract sovrun paytriots to the front lines, such as a relative being arrested allegedly in violation of his 1st Amendment rights, cattle being seized by the gubmint, the rancher's access to "his" grazing lands being suddenly denied, and the obligatory call for all Americans to stand up against this tyranny.

Of course, the other side of this story seems to revolve around the fact that the rancher has been grazing his cattle on BLM lands for nearly 20 years or so, not paying the required fees for such, and ignoring BLM directives to stop doing so.

[Lambkin]

I find it hilarious that this rugged individualist demands public assistance in order to run his business.

[wserra]

Of course, the other side of this story seems to revolve around the fact that the rancher has been grazing his cattle on BLM lands for nealry 20 years or so, not paying the required fees for such, and ignoring BLM directives to stop doing so.

Not to mention court orders.

United States v. Bundy, 12-cv-804 (DNV). From the order of July 9, 2013, granting the govt's motion for summary judgment:

In an order dated November 3, 1998, this court permanently enjoined Bundy from grazing his livestock within a different area, the Bunkerville Allotment, and ordered Bundy to remove his livestock from the Allotment before November 30, 1998. U.S. v. Bundy, No. CVS-98-531-JBR (RJJ) (D. Nev. Nov. 4, 1998). The court also ordered that the United States was entitled to trespass damages from Bundy for livestock left on the Bunkerville Allotment after such date.

In its complaint, the United States alleges that, not only has Bundy failed to comply with the court’s orders that he remove his cattle from the Bunkerville Allotment and pay the financial penalties, but that Bundy’s cattle have moved beyond the boundaries of the Bunkerville Allotment and are now trespassing on a broad swath of additional federal land (the “New Trespass Lands”), including public lands within the Gold Butte area that are administered by the BLM, and National Park System land within the Overton Arm and Gold Butte areas of the Lake Mead National Recreation Area. The United States seeks an order enjoining Bundy’s unauthorized grazing on the New Trespass Lands.
...
IT IS HEREBY ORDERED that the United States’ Motion for Summary Judgment (#18) is GRANTED.
IT IS FURTHER ORDERED that defendant Cliven Bundy’s Motion to Dismiss (#28) is DENIED as moot.
IT IS FURTHER ORDERED that Bundy is permanently enjoined from trespassing on the New Trespass Lands.
IT IS FURTHER ORDERED that the United States is entitled to protect the New Trespass Lands against this trespass, and all future trespasses by Bundy.
IT IS FURTHER ORDERED that Bundy shall remove his livestock from the New Trespass Lands within 45 days of the date hereof, and that the United States is entitled to seize and remove to impound any of Bundy’s cattle that remain in trespass after 45 days of the date hereof.
IT IS FURTHER ORDERED that the United States is entitled to seize and remove to impound any of Bundy’s cattle for any future trespasses, provided the United States has provided notice to Bundy under the governing regulations of the United States Department of the Interior.

So not only is Bundy wrong, but he was on explicit notice as of a year ago that he could lose his cattle.

The article to which Obs links quotes Bundy's daughter: "Wake up America. Look what our ancestors fought for". Our ancestors fought for the right to be freeloaders? Who knew?

[Demosthenes]

https://www.facebook.com/bailey.b.logue?fref=ts

I see that Bailey is citing famguardian.org's The Common Law of Grazing.

[fortinbras]

Decision cited by WSerra two entries above can be found at:

http://scholar.google.com/scholar_case? ... 7580781808
US v. Bundy (D. Nev., July 9, 2013) 2013 WL 3463610, 2013 u.s.dist. LEXIS 95294

[The Observer]

Bundy is apparently coming closer to the koolade in his cattle troughs, if he hasn't already stepped into it. I heard on a radio report this morning a portion of an interview with Bundy where he claimed that he recognized and complied with the laws of Nevada, a sovereign state, and did not recognize the federal government as a government with authority over him.

[Demosthenes]

Bundy doesn't believe that the federal government even exists:

https://www.youtube.com/watch?v=OyK6pef9SQg

[Demosthenes]

The militia response:

https://www.youtube.com/watch?v=e8_O-o5OPsA#t=31

[The Observer]

And more information on the militias and further developments.

[The Observer]

I see that Bailey is citing famguardian.org's The Common Law of Grazing.

Why do I have this terrible urge to make a passing reference to Robert Clarkson?

[ashlynne39]

According to the news tonight and some online articles I've read, more than 1000 people have assembled on the rancher's land to stand with this rancher's family and apparently more people are on their way.

I don't think he was saying that he doesn't recognize the federal government in the sense that sovereigns typically do. He was on the news earlier and what I got was that he's saying he doesn't "recognize" in the sense of this is completely unfamiliar to him - ie: the actions of the feds. He seems to be protesting the federal government's control of (he says) 86% of Nevada's lands.

I'm torn on this, though as I say that, I recognize that I don't know enough about the background or the law in this area to really form an opinion. With all the supporters coming in though, there are an awful lot of guns on both sides and that is not a happy thought.

[JamesVincent]

This thing is turning into a full fledged furball. All kind of things cluttering cyberspace over it. Seen everything from calls for ham radio operators (cuz the ebil gubmint shut down their cell towers) to donations to armed assistance against government oppression. Seen it compared to Ruby Ridge several times, even though the ATF isn't involved that I've seen. Yet.

[Demosthenes]

I have a lot more details about the situation now. Turns out that very little of what the Bundy family has said is true.

Prior to 1993, the Bundy family had an ephemeral grazing permit which let them graze livestock on 154,000 acres (the Bunkerville allotment) for a tiny monthly fee.

In 1993, the BLM raised the fee from $1.35 to $4.00 per "animal unit." There was a lot of anger in general about the new fee, so the government reduced it back to $1.35. Cliven Bundy stopped paying entirely and he allowed the permit to lapse. He told reporters that he had fired the BLM from managing his ranch land, and that the federal government had no authority over him. All of the neighboring farms continued to pay throughout this period.

This small fee is considered a farming subsidy since grazing rights on private land can run from $20 to $150 per animal unit. The 2014 fee remains at $1.35.

Bundy continued to graze his herd on the Bunkerville allotment after the permit expired.

The BLM spent years trying to get Bundy to move his cattle, but they didn't want to push the issue because Ruby Ridge and Waco had the militia knickers twisted in knots.

In 1998, the Federal Court enjoined Bundy from using the land. He ignored them.

While Bundy was illegally allowing his cattle to graze, the state of Nevada engaged in a land swap with the Federal government. Nevada wanted to build on a sanctuary where an endangered tortoise species lived, so they bought the grazing rights for a portion of the Bunkerville allotment for a flat fee of $375,000 to create a sanctuary for the tortoises. All of Bundy's neighbors got large payouts ($5 million) to retire their permits. They closed their farms and left. Bundy got nothing because he'd allowed his permit to expire back in 1993.

Bundy continued to graze land, and the cattle did a ton of damage to the new tortoise sanctuary.

In court filings, Bundy claimed that he owned the Federal land. He purchased additional cattle, and increased his grazing territory to include a huge additional area, called the "New Trespass" lands. He now had more than 900 animals grazing on 500,000 of desert acres.

The BLM started a new injunction process to cover the New Trespass land, the court granted the injunction. When Bundy found out which cowboys the BLM had hired to assist in moving the cattle, he threatened them with violence and huge liens.

The state of Nevada got tired of waiting for the BLM to do it's job and remove the cattle from the tortoise sanctuary, so they threatened to sue the BLM.

The BLM offered to move the cattle for Bundy at their expense. He ignored them and threatened them with violence.

So the BLM got the court's permission to impound and auction off the cattle.

Bundy, of course, represented himself in his legal battle.

[Demosthenes]

Typical press release put out by Bundy.

Wednesday, September 18, 2013

PRESS RELEASE

(Bunkerville, NV) Cliven D. Bundy, long-time southern Nevada rancher interviews with Las Vegas City Life Magazine, Dec. 2, 2010, with Amy Kingsley. This interview sparked an interest in Bundy's ranch, grazing the renewable resources, livestock fed on Clark County Public Lands. He operates a viable ranching business converting brush and grass from rangeland to an edible commodity for man, (red meat – Steaks!)

Shortly thereafter, Environmental groups threatened to sue BLM for not doing their job of removing Bundy from so called Federal land. They claim he was trespassing, and claimed BLM was not doing their job, order of US District Court and the 9th Circuit Court of Appeals, ordering Bundy to remove his cows. (Case was closed 9/10/1999.)

The movement to make Gold Butte a National Conservation Area put more pressure on BLM to get cattle and all range improvements off the land.

Through the year 2011 and into April 2012, BLM sent Bundy livestock trespass notices, range improvement trespass notices to remove all livestock and all range improvements, notices of impoundment and counting of cattle, (March 2011, August 2011, February 2012, March 2012), using up to 27 personnel on the field, many so called law inforcers with helicopters, airplanes, and all in fully equipped armor vehicles and communications. A bureaucratic armed force with it's snipers. The bureaucrats were flexing their muscles, causing friction. RANGE WAR IS SMOKING!

Fearless Bundy smells the smoke, inquiring of his secret informers, NO fear of an army without Constitutional authority, without policing power, or arresting power. Bureaucrats out of their scope of authority.

Bundy, knowing Feds always get someone to do their dirty work, discovers his neighbor's brother, Dave Cattoor, had the contract to gather and impound Bundy's cattle. Cattoor's being a family friend and had been assured that Cattoor Livestock Roundup, Inc. would never contract with BLM to gather his cattle. Bundy delivers a friendly letter, asking the Cattoor family to reconsider their contract cowboy commitment with BLM and giving them a deadline of April 9, 2012, 4:00 pm.

Clark County Sheriff Gillespie, family, friends, and media are asking Bundy what are you going to do? You've got to do something. You have got to hire a lawyer, file an injunction or something to stop the impoundment action. Bundy calmly says, “I do not have a takings. They have not taken one cow from me or one dollar, but I will do what ever it takes to protect my family's lives, liberty and property.”


After April 9, 2012, 4:00 pm, Bundy fires his first shot. It rang loud and clear. A Constructive Notice and Lien to the Cattoor family and company. Putting on notice:

DAVE CATTOOR, individually
SUE CATTOOR, individually
TROY CATTOOR, individually
SANDY CATTOOR, individually
CATTOOR LIVESTOCK ROUNDUP, INC. Nevada and/or Utah
ALL PARTIES RELATED THERETO; including but not limited to - hired laborers, sub-contractors, partner interests, financial institutes, mortgage holders, legal assistants, all others aiding and abetting with each or all listed above.

Bundy fired another powerful and loud long shot towards the northwest. It ricochets off the Nevada State Capital and back over Clark County. The shot was a Constructive Notice to:

Clark County Sheriff Douglas C. Gillespie
District Attorney Clark County, Nevada
Commissioners Clark County, Nevada
Governor of Nevada
Attorney General of Nevada
Director - Nevada Department of Agriculture
Director - Nevada Division of Brand Inspection
Nevada Board of Agriculture
Director - Nevada Department of Wildlife
Nevada Legislature
Nevada U.S. Representatives
Any person aiding and abetting to destroy my Life, Liberty or Property

Stating, you have been elected and are paid and have sworn an oath, even the US Constitution that you will protect my life, liberty, and property and you will be personally held accountable.

Bundy stands back, blows the smoke off the end of his long barrel, and cocks his head to hear the echoes.

Bundy did not shoot at federal bureaucrats, those without jurisdiction or constitutional authority. He shot a warning shot at those that have been elected and hired – those with jurisdiction and authority, with policing power and arresting authority, those who have taken an oath to protect We the People of Clark County Nevada. HE is putting his faith in the Almighty God. He states they have always did a good job for me in the past.

The date and time is set, tomorrow it will be. Helicopters, trucks, corrals, contract cowboys and the horses. Bureaucrat dogs jerking at the end of their chains, barking, growling, gnashing their teeth, they are ready to destroy Bundy, his cattle, all the range improvements that supply a drink to a dry desert. If they can get rid of Bundy Ranch, then it’s easy to get rid of the rest of us. He is the only one with a vested interest. BLM will rule with unlimited power, their rangers will assume policing power, they will lock up the Gold Butte 500,000 plus acres and give the people a Back Country Byway – a stay on the sidewalk and don't get off on the grass – they will ruin your country picnic by harassing and fining you in the US District Court. The land will be governed by territorial law, US unlimited power. Your rights and freedoms will be destroyed.

The Last Man Stands. He is the last full time rancher, of 52 ranchers, left in Clark County Nevada and where are all the cattle ranches across the Mohave Deseret to the Pacific Ocean? They are gone!

Does this man stand to protect We the People of Clark County Nevada, our rights and freedoms to access and to use and enjoy the natural resources, to camp, ATV, hunt, fish, to enjoy open space and fresh air, to travel thousands of miles of open roads, enjoy vast variety of scenery, share the excitement of wildlife, a squirrel, deer, donkey or a cow with a baby calf, and what about the desert flower, a Yucca blossom?!?!

These rights, Nevada sovereignty, are what Bundy Ranch stands for. He stands firm. He has not called his troops forward. No one knows what, (I will do whatever it takes.) means!

He can hear the chains rattle, the helicopter rev up, the horses whinny, and the contract cowboys’ spurs jingle! The telephone rings, it's Clark County Sheriff Gillespie. Cliven, I just received a call from the solicitor’s office in Washington DC, they have suspended the roundup indefinitely. Then he told Bundy to get to ranching! Bundy wants to say thank you very much!

Ranch chores needing attention, water troughs, salt/mineral licks, and cattle all need to be checked. It's getting hot and spring gathering has been delayed. Bundy has not received written confirmation from Sheriff Gillespie or BLM, confirming the roundup suspension, nor has he received cancellation of Letter of Trespass and Demand to Remove Improvements. The word indefinite seems to be a lie. Environmental groups threaten BLM and Clark County with a lawsuit. The media and many other groups and organizations are very interested in the Range War and Bundy's Last Stand. Zuma Press, LV Review Journal, Moapa Valley Progress, Mesquite Desert Valley Times, Federal Land Conference, and others sent camera crews and reporters, western state representatives, all seeking to know how Bundy whipped the BLM! Bundy would tell them, “Proper form of government. I ignored those without authority, and then supported those with authority, having faith. THEY WON THE BATTLE!”

Normal ranch work needed to be done. A roundup was organized to start on the east shore of Lake Mead across from Echo Bay. The Bundy Ranch helicopter paddles air, swooping up the slope toward the mountain moving cattle toward the lake's shore, Bundy needing to harvest his cattle and desiring to move cattle away from Lake Mead. Now cattle are moving. Surprising how fat the cattle are on the dry desert! Big bulls put up a great bull fight each time they herd a giant bull into the next bull's territory, (what a show), the dust flies as one bull tried to gore the other. They pay no attention to the helicopter. They have their work cut out. Most of the time they were left behind to finish the fight.

The helicopter was getting to hot to fly safe, cattle move slow, but cowboys and girls were now behind the cattle helping the helicopter. Cattle numbers were growing as the herd moves up the shore toward the Virgin River. Wild cows moving fast, maverick bull fighting, baby Brahma calves scrambling to stay up with their mother, Horses and dogs dooling with wild long horned bulls determined to go back down the shore line with rider, dog, and horse risking life as they fought against these vicious animals.

It's time to head the herd across Bitter Wash towards Bunkerville Mountain, heading for home ranch. Over 250 head going the right direction being led by one old fast, smart Brahma steer and two big wild cows. The herd is headed up Ice Cream Canyon, the old steer leading his herd toward the right split in the canyon, the two wild cows splitting the herd the wrong way, 30 miles further to the home ranch, plus they would be to hard to manage. Bundy directs the copter in front of the cow's herd hoping to force them to go with the steer's herd, as the cows stalled for a second, the steer left his trail and moves toward the cows, all the sudden all hell broke loose, the wild cows turned back through the herd, headed back to their home range. A real wild and dangerous stampeding was in the movement, the helicopter swapped ends of the herd, by now the lead cows were all the way through the herd, cowboys and dogs running full speed trying to turn the lead cows. Horsemen running, trying to turn the hundreds of cattle and save their own lives. Cattle were flipping upside down, knocking into horses, the copter pilot had the ship down in the faces of the stampeded cattle. There was no stopping the cattle's disappearance into the Tamarack bush along the Virgin River. Bundy says, “That's the way it goes, it was a good day, no one got hurt very bad and we did see cows!”

May 14, 2012 – Bundy was served US v. Bundy, a lawsuit against you, Summons in Civil Action. The chains were quiet for a few days, but they are rattling. RANGE WAR! Feds are suing for trespass on lands not on Bundy Ranch calling them New Trespass Land. Harassing this rancher bringing a several page lawsuit, 7 hour deposition, with six attorneys, 100 plus pages with exhibits, three reams of paper as a Motion for Summary Judgment.

Bundy's first instinct of action was to turn this lawsuit over to Nevada Attorney General; Nevada is a fence out state. Bundy is relying on Nevada Law (Nevada Public Lands Ownership Act of 1979 and Nevada Water Law) that is still the law of the land within the borders of the State of Nevada The new trespass land has a fence that needs repair. If this fence was repaired, it would prevent cattle movement from Bundy Ranch to new trespass land saving Bundy the liability and cost of retrieving cattle.

Bundy has the attention of Nevada State and Clark County officials. He is not pursuing Nevada State fence out law. RANGE WAR! The feds make another aggressive move. (New trespass land lawsuit, US v. Bundy). Has the Feds opened up a clear shot for Bundy? I doubt if Bundy is going to shoot high!

Bundy fires a Motion to Dismiss.

What's Bundy's next shot?

Where is he aiming? State sovereignty? Endangered species? Land ownership? Origin of the cattle?

[AndyK]

AND, this just in from Lala Land:

Bundy Ranch - Nevada - Republic Statement
by: James Buchanan Geiger

Date: April 11, 2014

Secured ID PR364424102RUSA

On behalf of the Republic for the United States of America and the American People, I unequivocally support the efforts of Oath Keepers and Sheriff Richard Mack for working to bring a peaceful and lawful resolution to the situation at the Bundy Ranch in Nevada. The incursion on the State and County is an overreach of federal jurisdiction. County Sheriffs are the last line of defense against corporate court and agency despotism.

The C.S.P.O.A. has resolved they, "...do hereby denounce any acts or agencies which promote the aforementioned practices. All actions by the Federal Government and its agents will conform strictly and implicitly with the principles expressed within the United States Constitution, Declaration of Independence, and the Bill of Rights." Again, I urge all Americans to support those Constitutional Sheriffs and Peace Officers who understand and defend your rights.
http://www.cspoa.org/docs/CSPOA_Resolution_Jan_2014.pdf

A delegation of state legislators, Sheriffs and Oath Keepers are traveling to Nevada to support a coalition of current serving Nevada legislators being organized by Nevada State Assemblywoman Michele Fiore, of Las Vegas, to stand vigil at the Bundy ranch to prevent Federal Government provocation of violence resulting in another Ruby Ridge or Waco type incident.
http://oathkeepers.org/oath/2014/04/10/ ... %E2%80%9D/

As protesters, militia, media and spectators converge upon the Bundy Ranch to exercise their First Amendment right to free speech and assembly, I pray for a peaceful solution. The Republic for the United States of America cautions against violence among Citizens and U.S. Corporate Agencies alike; and we shall stand firm for a credible and consistent reduction in the federal reach beyond its original constitutional restrictions, particularly preserving the irrevocable Retained Rights to the People.

[fortinbras]

Contrary to the words used by Geiger, this is not happening "at the Bundy ranch". This is happening on BLM land a considerable distance away.

There are already militia-types present with openly displayed serious armament. I am not optimistic that this will not get uglier.

Oddly enough, many other ranchers, neighbors and competitors with Bundy, are rooting for the BLM. While they've been following the rules, and paying for their grazing, Bundy has essentially been stealing his livestock's grass which improperly gazumps up his profit margin.

[wserra]

Turns out that very little of what the Bundy family has said is true.

I'm shocked. Shocked.

[notorial dissent]

If most of what I've read from sources not Bundy, he is nothing but a two bit con man pretending to be a rancher, and apparently not a very good one at that.

[The Observer]

...Bundy has essentially been stealing his livestock's grass which improperly gazumps up his profit margin.

None of this should be a surprise, Wes' sarcastic shock notwithstanding, since Bundy's motivation has nothing to do with liberty or American values. This has always been about Bundy wanting the government to subsidize his ranching and not wanting to pay for it. Like other sovruns and TPs we have examined over the years, the minute that the government closes in on them (and it is usually years in the coming) they squeal about oppression, violation of their constitutional rights, and the rest of the paytriot myth.

The most amusing thing about this is how Bundy shot himself in the foot by not paying the permit fees and losing out on a windfall from BLM.

[Demosthenes]

The BLM is backing down.

As we have said from the beginning of the gather to remove illegal cattle from federal land consistent with court orders, a safe and peaceful operation is our number one priority. After one week, we have made progress in enforcing two recent court orders to remove the trespass cattle from public lands that belong to all Americans.

Based on information about conditions on the ground, and in consultation with law enforcement, we have made a decision to conclude the cattle gather because of our serious concern about the safety of employees and members of the public.

We ask that all parties in the area remain peaceful and law-abiding as the Bureau of Land Management and National Park Service work to end the operation in an orderly manner.

Ranching has always been an important part of our nation’s heritage and continues throughout the West on public lands that belong to all Americans. This is a matter of fairness and equity, and we remain disappointed that Cliven Bundy continues to not comply with the same laws that 16,000 public lands ranchers do every year. After 20 years and multiple court orders to remove the trespass cattle, Mr. Bundy owes the American taxpayers in excess of $1 million. The BLM will continue to work to resolve the matter administratively and judicially.