POLITICS - Wyoming Sheriff takes on Feds.

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POLITICS - Wyoming Sheriff takes on Feds.

Post by Blackhawk »

:D

A story that warms my heart. But of course we didn't hear about it in the news.

http://disinter.wordpress.com/?s=wyoming+sheriff

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Post by mescalero1 »

Any land for sale in Bighorn County ,Wy.?
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Post by Hobie »

Neat. If you don't follow the links in any other POLITICS post here, read this one.
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Post by Rimfire McNutjob »

Wow ... good for them. A glimmer of hope.
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Post by Blackhawk »

I'll post the story so the link isn't need. For those that don't want to have it open in another window.


Story:

Here’s one the mainstream media isn’t going to tell you: County sheriffs in Wyoming are demanding that federal agents actually abide by the Constitution, or face arrest. Even better, a U.S. District Court agreed according to the Keene Free Press:

The court decision was the result of a suit against both the BATF and the IRS by Mattis and other members of the Wyoming Sheriff’s Association. The suit in the Wyoming federal court district sought restoration of the protections enshrined in the United States Constitution and the Wyoming Constitution.

Guess what? The District Court ruled in favor of the sheriffs. In fact, they stated, Wyoming is a sovereign state and the duly elected sheriff of a county is the highest law enforcement official within a county and has law enforcement powers exceeding that of any other state or federal official.â€
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Post by Rusty »

AS a former LEO here in Fla. I can tell you that our state has the same rights, IF the High Sheriff chooses to exercise them. The problem is few choose to. there was a Sheriff in Marion Co. (Ocala) a few years ago who made this statement but he's no longer in office.
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Post by Don McDowell »

Which federal court did this supposedly happen in and when? Which judge?
Did you snopes this thing?
We're not that big of a state and if this had happened our news media would of been all over it, especially the liberal bastions in Cheyenne and Casper, both television and print.
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Post by Wes »

Don I hadn't read this in the Casper 'Red' Star Tribune either. I agree that if it has happened that liberal rag would have been all over it. Maybe they haven't got to it yet.
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Post by Don McDowell »

:? Wes I don't think any of the local news media would of missed this one. We get the Cheyenne CBS and Casper NBC on satellite tv and if this would of happened you can bet that bunch of lefty's would of been squalling and bawling about it.
Farm Bureau would of been all over it, rejoicing, most likely. WACD most likely would of made mention of it, as we have to deal with Alot of federal stuff.
Same with several other groups and organizations. Just hasn't been a peep
Matter of fact if this were the case we wouldn't of been dealing with wolves for the last 15 years.
We wouldn't be in federal court right now against the atf on the concealed carry permits,and background checks.
The numbers of rancher vs blm cases would of long been resolved.

This thing just don't pass the smell test to me .
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Post by sore shoulder »

We all really should move to WY.
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Post by Blackhawk »

I didn't look on snopes, but I did find this source.

Many site will show stories on it but apparently it may not be true. Hmmm.

http://www.godlikeproductions.com/forum ... 227513/pg1

U.S. District Court decision (Case No. 2:96-cv-099-J (2006))

I'm still doing research. Found many websites that support it but... Anybody else got any leads?

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I'm already packed, where do I hook up with the caravan?
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Post by Malamute »

Hey, I'm here to help anyone that wants to move to Wyoming. I'm just finishing a house for sale.

Custom quality, log sided frame house on 5 acres, in a rural area near the mountains. :D




....and I'll help you unload your stuff when you move in.
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Post by sore shoulder »

Malamute wrote:Hey, I'm here to help anyone that wants to move to Wyoming. I'm just finishing a house for sale.

Custom quality, log sided frame house on 5 acres, in a rural area near the mountains. :D




....and I'll help you unload your stuff when you move in.
I've seen that stuff you build. Can't believe you'd try to pawn it off on the brethren here.
:roll:




:lol: :lol: :lol:
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Post by Hobie »

You guys don't know how close the wife and I came to moving to Cody in 2005.
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Post by Blackhawk »

I've searched and found for and against.

From what I can gather the actions are against HB284. But I am uncertain if the bill passed in the Montana Legislature.

HB284:

Source: http://data.opi.state.mt.us/bills/2005/ ... .htm#About


2005 Montana Legislature

About Bill -- Links

HOUSE BILL NO. 284

INTRODUCED BY R. HAWK



A BILL FOR AN ACT ENTITLED: "AN ACT REGULATING ARRESTS, SEARCHES, AND SEIZURES BY FEDERAL EMPLOYEES; PROVIDING THAT FEDERAL EMPLOYEES MUST OBTAIN THE COUNTY SHERIFF'S PERMISSION TO ARREST, SEARCH, AND SEIZE; PROVIDING EXCEPTIONS; PROVIDING FOR PROSECUTION OF FEDERAL EMPLOYEES VIOLATING THIS ACT; REJECTING FEDERAL LAWS PURPORTING TO GIVE FEDERAL EMPLOYEES THE AUTHORITY OF A COUNTY SHERIFF IN THIS STATE; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE."



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MONTANA:



NEW SECTION. Section 1. Purpose. It is the intent of the legislature to ensure maximum cooperation between federal employees and local law enforcement authorities; to ensure that federal employees who carry out arrests, searches, and seizures in this state receive the best local knowledge and expertise available; and to prevent misadventure affecting Montana citizens and their rights that results from lack of cooperation or communication between federal employees operating in Montana and local law enforcement authorities.



NEW SECTION. Section 2. County sheriff's permission for federal arrests, searches, and seizures -- exceptions. (1) A federal employee who is not designated by Montana law as a Montana peace officer may not make an arrest, search, or seizure in this state without the written permission of the sheriff or designee of the sheriff of the county in which the arrest, search, or seizure will occur unless:

(a) the arrest, search, or seizure will take place on a federal enclave for which jurisdiction has been actively ceded to the United States of America by a Montana statute;

(b) the federal employee witnesses the commission of a crime the nature of which requires an immediate arrest;

(c) the arrest, search, or seizure is under the provisions of 46-6-411 or 46-6-412;

(d) the intended subject of the arrest, search, or seizure is an employee of the sheriff's office or is an elected county or state officer; or

(e) the federal employee has probable cause to believe that the subject of the arrest, search, or seizure has close connections with the sheriff, which connections are likely to result in the subject being informed of the impending arrest, search, or seizure.

(2) The county sheriff or designee of the sheriff may refuse permission for any reason that the sheriff or designee considers sufficient.

(3) A federal employee who desires to exercise an exception under subsection (1)(d) shall obtain the written permission of the Montana attorney general for the arrest, search, or seizure unless the resulting delay in obtaining the permission would probably cause serious harm to one or more individuals or to a community or would probably allow time for flight of the subject of the arrest, search, or seizure in order to avoid prosecution. The attorney general may refuse the permission for any reason that the attorney general considers sufficient.

(4) A federal employee who desires to exercise an exception under subsection (1)(e) shall obtain the written permission of the Montana attorney general. The request for permission must include a written statement, under oath, describing the federal employee's probable cause. The attorney general may refuse the request for any reason that the attorney general considers sufficient.

(5) (a) A permission request to the county sheriff or Montana attorney general must contain:

(i) the name of the subject of the arrest, search, or seizure;

(ii) a clear statement of probable cause for the arrest, search, or seizure or a federal arrest, search, or seizure warrant that contains a clear statement of probable cause;

(iii) a description of the specific things to be searched for or seized;

(iv) a statement of the date and time that the arrest, search, or seizure is to occur; and

(v) the address or location where the intended arrest, search, or seizure will be attempted.

(b) The request may be in letter form, either typed or handwritten, but must be countersigned with the original signature of the county sheriff or designee of the sheriff or by the Montana attorney general to constitute valid permission. The permission is valid for 48 hours after it is signed. The sheriff or attorney general shall keep a copy of the permission request on file.



NEW SECTION. Section 3. Remedies. (1) An arrest, search, or seizure or attempted arrest, search, or seizure in violation of [section 2] is unlawful, and the persons involved must be prosecuted by the county attorney for kidnapping if an arrest or attempted arrest occurred, for trespass if a search or attempted search occurred, for theft if a seizure or attempted seizure occurred, and for any applicable homicide offense if loss of life occurred. The persons involved must also be charged with any other applicable criminal offense in Title 45.

(2) To the extent possible, the victims' rights provisions of Title 46 must be extended to the victim or victims by the justice system persons and entities involved in a prosecution.

(3) The county attorney shall prosecute once a claim of violation of [section 2] has been made by the county sheriff or designee of the sheriff, and failure to prosecute subjects the county attorney to recall by the voters and to prosecution by the attorney general for official misconduct.



NEW SECTION. Section 4. Invalid federal laws. Pursuant to the 10th amendment to the United States constitution and this state's compact with the other states, the legislature declares that any federal law purporting to give federal employees the authority of a county sheriff in this state is not recognized by and is specifically rejected by this state and is declared to be invalid in this state.



NEW SECTION. Section 5. Effective date. [This act] is effective on passage and approval.



NEW SECTION. Section 6. Severability. If a part of [this act] is invalid, all valid parts that are severable from the invalid part remain in effect. If a part of [this act] is invalid in one or more of its applications, the part remains in effect in all valid applications that are severable from the invalid applications.

- END -




--------------------------------------------------------------------------------

Latest Version of HB 284 (HB0284.01)
Processed for the Web on January 13, 2005 (5:21pm)

New language in a bill appears underlined, deleted material appears stricken.

Sponsor names are handwritten on introduced bills, hence do not appear on the bill until it is reprinted.

See the status of this bill for the bill's primary sponsor.

Status of this Bill | 2005 Legislature | Leg. Branch Home
This bill in WP 5.1 | All versions of all bills (WP 5.1 format)
Authorized print version w/line numbers (PDF format)
[ NEW SEARCH ]


Prepared by Montana Legislative Services
(406) 444-3064



But when researching Case No 2:96-cv- 099-J which this whole thing seems to lead back to, the case was settled out of court, or so I think.

One references Montana, another Wyoming. :roll:

Anybody else come up with anything?

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Post by sore shoulder »

I know some folks here are new, so I'll clarify, Malemute and I go back a few years. I even did a foundation for and framed one of his cabins with his help, afterwhich he regretted (took him a few months to recover as I recall :lol: ). If you are itchin to move to the old west for a reasonable price and have nearby access to gods country to include Yellowstone you can hardly do better an Malemute builds a nice little shack..er..cabin...for the money. There is also a well known pistolsmith very nearby.
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Post by Blackhawk »

Frank,

You two can't fool us. We know yall are in cahoots together. :wink:

I'll be glad when the wife graduates this May. I'm itching to get back up north and see some real mountains. I left Montrose CO in '92 and I've heard its double since then. I was watching Nugents show the other day and there was his wife going thru a cooking setup with a resturant in Montrose. Things like that make me long for the hills again.

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Post by sore shoulder »

Blackhawk wrote:Frank,

You two can't fool us. We know yall are in cahoots together. :wink:

I'll be glad when the wife graduates this May. I'm itching to get back up north and see some real mountains. I left Montrose CO in '92 and I've heard its double since then. I was watching Nugents show the other day and there was his wife going thru a cooking setup with a resturant in Montrose. Things like that make me long for the hills again.

Johnny
See Johnny, thats the problem, all the good folk are leaving, and the kooks from CA are moving here because their state sucks, but they don't realize it sucked because of their fruitbat politics. CO needs more good conservative/libertarians to move in before it becomes uninhabitable an I have to move north. BTW, it just started snowing here at the new place, and I mean like 15 minutes ago with quarter size flakes, and there is already an inch on the ground. Thank you Algore for Global warming. :roll: :lol:

I'm watching this out the front window while doing homework and admiring the frosted pines in the front of the property. Pretty soon the little herd of deer will wander through. Earlier the jays and a huge raven were squaking it up amidst a few other birds singing, and there was an eagle nearby somewhere crying out, probably for it's mate. was quite a chorus. I can hear some of them right now even with the snow.

You folks need to move on out to the mountains. Denver is only an hour from me, but I'm in backed up to some serious wilderness right below the continental divide that is about 5 miles away with deer, elk, bear, turkey, mtn lion hunting in my back yard, and mtn goat and sheep if you can get drawn.

On a side note, as far as Malemute, you cant go wrong dealing with him, he's salt of the earth an good as gold, not to mention long on tolerance for putting up with me when we built a house together.
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Post by AmBraCol »

Blackhawk wrote:I'll be glad when the wife graduates this May. I'm itching to get back up north and see some real mountains. I left Montrose CO in '92 and I've heard its double since then. I was watching Nugents show the other day and there was his wife going thru a cooking setup with a resturant in Montrose. Things like that make me long for the hills again.

That's as close to "Home" as I've got in the US of A. My mom was born and raised out in Shavano Valley. Yep, Montrose has changed a LOT since the early 90's. It ain't the same town I remember as a kid, that's for sure. And if you think THAT's bad you should see what they done did to Telluride...
Paul - in Pereira


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Post by Blackhawk »

Snowing in mid April! I was mid 70's here today. I thought only Magpies lived in that country?

I used to wash dishes at Rose's Food Mart in Telluride when I was about 16. I rode a Suzuki 550 back and forth. I forget what the mountain was just after your turned right at Ridgeway. Cougar mtn? Mtn Lion Mtn? Anyway I call still see the San Juan Mtns (or I think that was the name of them) as you go up the mtn (outside of Ridgeway) and there would still be snow on them at times when it was warm.

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Post by Blackhawk »

I forgot that a good friend of mine lived in Shavanaw (sp?) Valley. He lived next to a farmer that had a bunch of land. He last name was Secuf? Or Se something. He used to let us hunt his land and give us crack shells to run the deer off. Course we wound up having a war with each other with the cracker shells. :wink: To be young again...

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Post by jkbrea »

Malamute,
What town is your cabin near.
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Post by sore shoulder »

Blackhawk wrote:Snowing in mid April! I was mid 70's here today. I thought only Magpies lived in that country
Johnny
Actually, since I moved from Breckenridge I haven't seen many magpies. At my other place we get a lot of doves, bluebirds, finches, crows, ravens, hawks, eagles, and some very secretive owls whos droppings I have found and I've heard them hooting, but in all the years there I have yet to catch more than a shadow going by on dark nights. If you can go by the droppings, they are very large.
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Post by AmBraCol »

Blackhawk wrote:I forgot that a good friend of mine lived in Shavanaw (sp?) Valley. He lived next to a farmer that had a bunch of land. He last name was Secuf? Or Se something. He used to let us hunt his land and give us crack shells to run the deer off. Course we wound up having a war with each other with the cracker shells. :wink: To be young again...

Seacat would be my guess. A good friend of mine. He always wants to know when I'm coming back to shoot some more prairie dogs. :) And the spelling is Shavano (SHAV uh nah) valley. Still have a passel of relatives farming down there - in spite of the encroaching subdivisions moving in all over the area...
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Post by Lefty Dude »

Our Sheriff here in maricopa County, Az. is going in to the city's this includes Phoenix and doing raids on illegals, dope runners & suppliers.

The Phoenix Mayor has filed a suit in Federal court to try and stop him.

He say's his job is to protect the people of his county and if the Phoenix Chief of police will not do the job he will. He works for the people and not some liberal Mayor or his political Police Chief.

His current target is the City of Mesa,Az. Lots of crime in this Phx. Suburb.
The chief of police in Mesa sent a letter to Sheriff Joe, and stated the Sheriff must give him 48 hours notice before he excutes a raid or mass arrest of illegal activity.

The Sheriff told him he will go in the town with his posse any time he is ready.

Sheriff Joe's Posse is over 300 strong, and he is NBS when he launches the Posse.

You won't hear these stories on the new's except for maybe Fox New Channel.
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Post by 505stevec »

This happened on New Mexico about 10 years ago in Catron County. This was a great thing back in the Clinton days. They went one step further and passed a resolution in that county that every household would have a firearm for self-protection and civil defence. It was great.
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Post by Ysabel Kid »

Hmmm, I love it here in SC but I may just have to move if this pans out as true...
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Post by Malamute »

" Malamute, What town is your cabin near."


It's just out of Cody, hard up against the Beartooth Mts. Small unincorporated community of about 300 people.
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Post by Blackhawk »

AmBraCol wrote:
Blackhawk wrote:I forgot that a good friend of mine lived in Shavanaw (sp?) Valley. He lived next to a farmer that had a bunch of land. He last name was Secuf? Or Se something. He used to let us hunt his land and give us crack shells to run the deer off. Course we wound up having a war with each other with the cracker shells. :wink: To be young again...

Seacat would be my guess. A good friend of mine. He always wants to know when I'm coming back to shoot some more prairie dogs. :) And the spelling is Shavano (SHAV uh nah) valley. Still have a passel of relatives farming down there - in spite of the encroaching subdivisions moving in all over the area...
Paul,

Yes sir that would be him. I was thinking last night after posting this and I believe his name was Ron Seacat but I may be mistaken. My friends were Clyde & Eric Brown in the late 80's. I believe the house they rented was Mr. Seacats. It sat right out front of the property by the road. Funny sometimes how small the world can be.


Frank,

Breckenridge. You're up there with the rich folks. :wink: This whole thing has me thinking back to younger days. I was coming back from Telluride on my motorcycle one evening and had the mistake a meeting a magpie, he hit me square in the chest.

Good days those were.


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Post by AmBraCol »

Blackhawk wrote:Yes sir that would be him. I was thinking last night after posting this and I believe his name was Ron Seacat but I may be mistaken. My friends were Clyde & Eric Brown in the late 80's. I believe the house they rented was Mr. Seacats. It sat right out front of the property by the road. Funny sometimes how small the world can be.

Yep, it's a small world indeed. Ron Seacat indeed. I don't recall the Brown's but didn't spend much time in the area in the 80's. Ron's wife was my brother-in-law's forwarding agent for awhile. They were quite active with the youth group at church as well as the missions committee. Good folk, to say the least.
Paul - in Pereira


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Post by sore shoulder »

Malamute wrote:" Malamute, What town is your cabin near."


It's just out of Cody, hard up against the Beartooth Mts. Small unincorporated community of about 300 people.
Looks like this.

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Post by brucew44guns »

Maybe the good sheriff will get around to running for president someday. Where have all the "officials" gone who once had some male appendages? This is like a kid getting an ice cream for me, seeing a man leading his dept. and office in a righteous cause. Hopefully he won't meet up with an unexplained accident.
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Post by Blackhawk »

I can't determine if the story is true or false. From the sources I've found it happened in 1997.

Sheriff boots Feds from his county
By Phil Hamby
Sheriff Dave Mattis of Big Horn County, Wyoming said this week that as a result of Case # 96-CV099-J, U.S. District Court, District of Wyoming, he now has a written policy that forbids federal officials from entering his county and exercising authority over county residents unless he is notified first of their intentions.
After explaining their mission, Mattis said he grants them permission to proceed if he is convinced they are operating within the legal parameters and authority limitations set forth in the U.S. Constitution.
The sheriff grants permission on a case-by-case basis only. When asked what, if any, repercussions he had gotten from the Feds, he quickly and confidently replied, None whatsoever.
He explained by saying, They know they do not have jurisdiction in my county unless I grant it to them.
Mattis clarified his position by saying the federal court had ruled the state of Wyoming is a sovereign state and the state constitution plainly states that a county sheriff is the top law enforcement official in the county.
Additionally, Sheriff Mattis contends that the U.S. Constitution, Article 1, Section 8, clearly defines the geographic territories where the federal government has jurisdiction. Amendment X, he said, states that the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
Therefore, Mattis thoroughly believes the Feds have very limited powers in any state unless the local high-sheriff allows them to exercise power beyond that which the Constitution provides. Put another way, Mattis said, if the sheriff doesn’t want the Feds in his county, he has the constitutional power and right to keep them out or ask them to leave.
Accompanied with other legal interpretations Mattis stands on the definition of the wordsovereign, which is defined by Webster’s as paramount, supreme. Having supreme rank or power. Independent: a sovereign State. Mattis said he grew weary of the Feds coming into his county and running rough-shod over county residents: I.e., illegally searching, seizing property, confiscating bank accounts, restricting the free use of private lands and other abuses, without a valid warrant and without first following due process of law as guaranteed by the Constitution to every citizen.
As long as Mattis remains sheriff he says he will continue to see to it that the citizens of his county get their day in court.
Mattis went on to say that, to his knowledge, even the IRS has not attempted to seize any citizen s real property, bank account or any other private-owned possessions since he ran the Feds out of his county.
Sheriff Mattis emphasized that he is not a radical man. He said he is only dedicated to protecting the constitutional rights of the citizens of his county. He added that ordinary citizens are not the only ones bound by and expected to obey laws. Elected officials and government employees at all levels of government are also bound by and should be expected to obey certain laws.
As long as Sheriff Mattis is the high-sheriff of Big Horn County, he seems determined to make sure private citizens and government officials alike act within the law and their designated powers.
Sheriff Mattis came across as a soft-spoken, polite man whose only interest is protecting the citizens he was elected to serve. That being the case, he might be the sheriff for as long as he wants to be.
Sheriff Mattis is hopeful that other sheriffs will assume the same stance.
Copyright 1997 The Knoxville Journal


But I found the Bighorn County Sheriff's office website and emialed them directly so hopfully I'll know something in a day or two.

Johnny
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They who can give up essential liberty to obtain a little temporary safety, deserve neither liberty nor safety. Benjamin Franklin
JohnnyReb
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Post by JohnnyReb »

I did some legal research and could not find this case listed or cited anywhere. If it existed then it was never appealed and that would be hard to believe
Redneck suicide note: Here, hold my beer and watch this!!
Don McDowell

Post by Don McDowell »

Here's a bit of food for thought. The vast majority of the land mass contained in Bighorn County Wy, is owned by the federal government. Now for the sheriff to keep the feds out of there would be quite a task. :shock:
If this had of happened in "97" the Clinton adminstration would of had him buried so deep in a super max prison somewhere , they'ld of had to of pumped day light for 3 days to get to him.
There was a big dust up about that time over some blm range and enforcement folks and a couple of ranchers over tresspass by livestock on blm land etc., and permit renewals etc.
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