MOTION TO DISMISS: Adverse Possession Ammon Bundy's Constitutional Challenge
Ammon Bundy’s peaceful protest at the Malheur Wildlife Refuge was an act of civil disobedience and a calculated legal maneuver through adverse possession (43 U.S. Code § 1068 – “Lands held in adverse possession”). The protest was in part designed to force the federal government into court to address the constitutionality of its federal land management policy. The very legal issue that Mr. Bundy sought to clarify – which remains unresolved from a constitutional basis – provides the foundation for the criminal prosecution of Mr. Bundy. He contends that the constitutional challenge to the federal government’s jurisdiction over the land in question must be resolved before proceeding with the prosecution of Ammon Bundy – if indeed any grounds remain upon which to mount a legitimate prosecution.
An individual has a direct interest in objecting to laws that upset the constitutional balance between the National Government and the States when the enforcement of those laws causes injury that is concrete, particular, and redressable.” Bond v. United States, 564 U.S. 211, 221-22, 131 S. Ct. 2355, 2364 (2011).
Defendant Ammon Bundy organized his fellow citizens in protest of the expansive and unsupported interpretation of the Constitution that purports to allow the federal government to own and control more territory, and exercise jurisdiction over more land in the Western States, than the States themselves. The discrete question raised has not been ruled upon by the Ninth Circuit or the United States Supreme Court. Read the full story here
~ Courtesy of The Arnold Law Firm
Guerrilla Media Network News: Monday , May 15, 2014
PETE SANTILLI EXPLAINS ADVERSE POSSESSION
THE MOTION TO DISMISS
The Federal Government currently owns 640 million acres in the United States.
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