Category: Pardon Abuse

President Trump on Tuesday pardoned a pair of Oregon cattle ranchers who had been serving out five-year sentences for arson on federal land — punishments that inspired the armed occupation of a wildlife refuge in 2016 and brought widespread attention to anger over federal land management in the Western United States.

The case against the ranchers — Dwight L. Hammond, now 76, and his son, Steven D. Hammond, 49 — became a cause célèbre for an antigovernment group’s weekslong standoff at the Malheur National Wildlife Refuge.

The occupation, led by the Bundy family, drew hordes of militia members who commandeered government buildings and vehicles in tactical gear and long guns, promising to defend the family.

During his campaign, Mr. Trump played to that sense of Western grievance, and the pardon of the Hammonds was a signal to conservatives that he was sympathetic. His pardon in August of former Sheriff Joe Arpaio of Maricopa County, Ariz., was another such sign.

The Hammond pardons were the result of a monthslong push by agricultural groups like the Oregon Cattlemen’s Association, and Interior Secretary Ryan Zinke had been among the ranchers’ strongest supporters, according to the association’s executive director, Jerome Rosa.

Sarah Huckabee Sanders, the White House press secretary, said in a statement on Tuesday that the Obama administration had been “overzealous” in pursuing the Hammonds. “This was unjust,” she said.

The pardons drew immediate criticism from environmental groups and their allies, who said they would imperil the rule of law on public lands.

“This is so very wrong,” Joan Anzelmo, a former superintendent of Colorado National Monument, said in a message on Twitter. “No one is safe from from felons with friends in high places. Terrible. Dangerous. Wrong.”

The federal government owns about half the acres in the West, and Obama administration policies there often angered ranchers and others who work and live on those lands. His administration blocked new coal leases, imposed moratoriums on uranium drilling near the Grand Canyon, and placed an unprecedented amount of land and sea under heightened federal protection.

Mr. Trump, in contrast, has struck a far more favorable tone toward those who want to loosen regulation on public land, and he has been aided by Mr. Zinke. In December, the president sharply reduced the size of two conservation areas in Utah, Bears Ears and Grand Staircase-Escalante national monuments. It was the largest rollback of federal land protection in the nation’s history.

The Hammonds were prosecuted under a 1996 terrorism statute, passed after the Oklahoma City bombing, that imposed five-year mandatory minimum sentences for arson on federal property. Critics called the sentences too harsh.

“The Hammonds are multigeneration cattle ranchers in Oregon imprisoned in connection with a fire that leaked onto a small portion of neighboring public grazing land,” Ms. Sanders said. “The evidence at trial regarding the Hammonds’ responsibility for the fire was conflicting, and the jury acquitted them on most of the charges.”

In a pointed criticism of the Obama administration, she added, “The previous administration, however, filed an overzealous appeal that resulted in the Hammonds being sentenced to five years in prison.”

Dwight and Steven Hammond — who own about 13,000 acres of land in Eastern Oregon and once ran cattle on 26,000 acres of public land — have a history of conflict with federal officials, which indirectly led to the showdown in Oregon.

Both were convicted for a 2001 fire that burned more than 100 acres of federal land. While the Hammonds said it was devised to control invasive species, witnesses at their trial testified that it occurred after Steven Hammond and a hunting party illegally slaughtered several deer. The jury was told that Steven Hammond handed out matches and told allies to “light up the whole country on fire.”

He was also convicted of setting a second fire, in 2006, which he said was meant to manage the spread of other wildfires, a common practice.

The pair was convicted in 2012 and served a short time in prison. But a federal appeals court ruled in 2015 that they had been improperly sentenced and ordered them to return to prison.

Word of this second imprisonment soon reached the Bundy family, a sprawling ranching clan based in Bunkerville, Nev., that in recent years had emerged as a symbol of the most extreme version of the push against federal land control.

Angered by the Hammond case, two of the Bundy brothers, Ryan and Ammon, traveled to Oregon and stormed the Malheur wildlife refuge in what turned into a standoff with federal officials.

Many of those who joined the protest were members of unofficial militias who carried long guns and pistols and dressed as if at war. The occupation resulted in the death of a rancher from Arizona.

The Hammonds, however, never asked for the help of the Bundys or the militia members, and amid it all, quietly headed to prison.

The pardons will shave some time off the Hammonds’ sentences — Dwight Hammond has served three years and Steven Hammond has served four.

Ryan Bundy, one of the occupation leaders, hailed the president’s announcement of the pardons as a victory, the latest in a string of wins for his family. Mr. Bundy was ultimately acquitted for his role in the takeover, and is now running for governor of Nevada.

“Awesome, awesome, awesome,” he said. “It’s been a long time coming. It’s been a long time coming. That is good news.”

The move also drew praise from the cattlemen’s association.

“I had the opportunity to have a private meeting with him,” Mr. Rosa, the group’s executive director, said of Mr. Zinke. “I mentioned to him the Hammond situation. He was well aware of it, agreed that the Hammonds were good people, and said he would talk to the president and give his blessing to release the Hammonds from prison.”

Representative Greg Walden, Republican of Oregon, also lobbied aggressively for the pair’s release.

But some conservation groups strongly opposed the decision.

“Pardoning the Hammonds sends a dangerous message to America’s park rangers, wildland firefighters, law enforcement officers and public lands managers,” Jennifer Rokala, executive director of the Center for Western Priorities, said in a statement. “President Trump, at the urging of Interior Secretary Ryan Zinke, has once again sided with lawless extremists who believe that public land does not belong to all Americans.”

The Hammonds are the sixth and seventh people to receive pardons from Mr. Trump. In all his pardons, Mr. Trump bypassed the typical process (a five-year waiting period is required for requests to be made to the Justice Department) and passed over the more than 10,000 pardon and clemency applications. The president has the power to pardon anyone sentenced for a federal offense.

[The New York Times]