People’s Rights leader arrested for alleged law enforcement threats

A Las Vegas man linked to anti-government activist Ammon Bundy has been arrested for allegedly threatening the lives of a police detective and a prosecutor who both handle domestic terrorism cases.

Joshua Martinez, 32, who runs Bundy’s burgeoning People’s Rights network in Nevada, faces stalking and harassment charges related to the alleged social media threats against Metro Detective Kenneth Mead and Chief Deputy District Attorney Michael Dickerson, according to a criminal complaint.

Dickerson obtained a felony gun conviction against Martinez in 2019, and Mead had a courtroom encounter with Martinez in that case. Martinez was sentenced to probation.

Last Wednesday Martinez posted a Facebook photo of a flag-draped coffin carried by uniformed officers with the caption, “How police officers take out their trash,” the complaint alleges. Next to the photo, Martinez said, “I can’t wait to see the news and hear that Detective Kenneth Mead is in that casket.”

Another post that day featured a photo of Dickerson with the statement, “This is Michael Dickerson. He is Detective Kenneth Mead’s bitch. Dickerson, I hope you and Mead die a slow and painful death… Mead, I have a message for you — Molon Labe.” The Greek phrase, which means come and take them, is regarded as an expression of defiance for some gun rights activists.

The complaint alleges that Martinez threatened Mead with the intent that Mead be “placed in reasonable fear of death or substantial bodily harm.”

In an interview with the Review-Journal days before his arrest, Martinez said his main effort with Bundy’s group was holding Las Vegas police accountable when they stop people on the streets. He has posted videos on social media of police during stops, sometimes challenging their actions.

“We don’t believe in bowing down to police,” he said. “We’re anti-corrupt government. Not just anti-government. We need government.”

Martinez, dressed in blue jail garb, chains and a mask, made a brief appearance in Las Vegas Justice Court on Tuesday. When a judge told him the district attorney’s office might have a conflict of interest in the case because Dickerson is one of the victims, Martinez responded “I’ve been targeted. I understand.”

A deputy public defender representing Martinez said she planned to raise the conflict issue in court papers.

Four felony charges

Martinez, who is being held at the Clark County Detention Center on $1 million bail, is facing four felony charges — aggravated stalking, challenge to a fight with use of a deadly weapon, stalking with use of the internet or electronic communication and possession of a firearm by a prohibited person. He also faces two misdemeanor harassment charges.

Police found a shotgun they allege was in his possession when they executed a search warrant last week. His plea deal sentence in the 2019 gun case prohibits him from having guns.

Deputy District Attorney Eckley Keach, who is prosecuting the stalking case against Martinez, said his office is taking the threats seriously.

“The goal is to make sure that justice is done, not only for the named victims in this case but also to ensure that the community is protected against people who choose to threaten to harm others,” Keach said.

In a Review-Journal story on the broadening spectrum of extremismpublished Feb. 20, Martinez said that Bundy’s newest grassroots group, about 415 members strong in Nevada, prefers a “bullhorn” over violence.

“We try to keep things peaceful,” he said. “Ammon wants everything peaceful.”

But the criminal complaint alleges Martinez between June 1, 2017 and February 18, 2021 “unlawfully” engaged in social media conduct against Mead and Dickerson that “would cause a reasonable person to feel terrorized, frightened, intimidated, or harassed.”

On the day of the Jan. 6 Capitol Hill riot, Martinez posted on Facebook: “This is Detective Kenneth Mead with the Metropolitan Police Department. He is an enemy of the constitution and has tried to make my life a living hell but has failed. To any activist here in Las Vegas, please keep an eye out for him. I also have his resume just in case you want more intel on him. Contact me for more information.”

The post included three screen shots of Mead, according to the complaint.

History of violence

“In a later post, Martinez wrote, “The tree of liberty must be refreshed from time to time with the blood of patriots and tyrants.”

Martinez added more in the comments on that post: “How can you gain your rights back by working with a tyrannical government? You can’t take down the palace using the kings tools. Name a people who have gained their rights back by being peaceful. Violence is what moves history.”

Martinez has a history of creating disturbances at the federal courthouse in 2017 while supporting the Bundy family during the criminal case stemming from an armed standoff with the U.S. Bureau of Land Management. In October 2018, he was found guilty of disorderly conduct, fined $500 and ordered to stay away from the courthouse.

Both Ammon Bundy and his father Cliven Bundy were among those charged in the April 2014 armed showdown near the Bundy ranch over the federal agency’s roundup of his cattle. But a federal judge later found government misconduct and dismissed the high-profile case.

The younger Bundy made headlines recently for anti-government actions in Idaho and elsewhere in the Northwest, as part of People’s Rights efforts to organize against coronavirus restrictions and other perceived government overreaches.

He told the Los Angeles Times that the new grassroots network had about 50,000 people in 35 states, and he described it as “neighborhood watch on steroids.”

The Southern Poverty Law Center suggested that Ammon Bundy is attempting to build a “network of right-wing, often anti-government activists” that can be mobilized quickly if needed.

Bundy also was regarded as one of the leaders of the deadly 2016 occupation of the Malheur National Wildlife Refuge in Oregon.

Source: People’s Rights leader arrested for alleged law enforcement threats

Report says FBI warned of plans for ‘war’ at Capitol

President Donald Trump speaks to the media before boarding Air Force One, at Andrews Air Force ...
President Donald Trump speaks to the media before boarding Air Force One, at Andrews Air Force Base, Md., on Tuesday, Jan. 12, 2021. The president is traveling to Texas. (AP Photo/Alex Brandon)

The Associated Press

January 12, 2021 – 10:43 am

According to a report in The Washington Post, the FBI had warned that extremists were preparing to come to Washington, attack Congress and engage in “war.”

The report says the warning was issued internally by the FBI’s field office in Norfolk, Virginia, a day before the violent riot at the U.S. Capitol.

The warning directly contradicts statements from the Justice Department and FBI officials that they had no intelligence to suggest a storming of the Capitol.

The Post says the memo described how people had been sharing maps of the Capitol’s tunnels and discussing rallying points to meet up to travel to Washington. The newspaper reported that the document detailed posts calling for violence, including that “Congress needs to hear glass breaking, doors being kicked in, and blood from their BLM and Antifa slave soldiers being spilled.”

It also said to “go there ready for war.”

The Associated Press has not obtained the document. The FBI did not immediately respond to a request for comment.

Charged & uncharged

The U.S. attorney for the District of Columbia has brought federal charges against about 20 people so far, while 40 others have been charged in D.C.’s Superior Court. The people charged in Superior Court are mainly accused of things like curfew violations and gun crimes. Those being tried in federal court, where prosecutors can generally secure longer sentences, are charged with offences such as violent entry and disorderly conduct on Capitol grounds, assaulting a federal law enforcement officer and threatening House Speaker Nancy Pelosi.

On Sunday, federal authorities arrested two men who were photographed with plastic restraints inside the Capitol. Investigators said they used social media and livestream videos to identify Eric Munchel of Tennessee as the masked person seen in photos shared widely over social media carrying plastic hand restraints in the Senate chamber.

Retired Lt. Col. Larry Rendall Brock Jr. of Texas was photographed on the Senate floor carrying zip-tie handcuffs and wearing a military-style helmet and vest, authorities said. Brock’s ex-wife helped authorities identify him, according to court documents. He confirmed to The New Yorker that he was the man in the photographs and claimed he found the zip-tie handcuffs on the floor. “I wish I had not picked those up,” he said.

Authorities are working to identify more suspects and more charges are expected.

Many people were allowed to leave the Capitol freely the day of the attack, so investigators have to sort through a sea of photos, video, social media posts and tips from the public to see who was there and track them down.

Federal prosecutors across the U.S. have also said people could face charges in their home states if they traveled to Washington and took part in the assault.

Latest developments: 2:35 p.m. EST

Vice President Mike Pence has told governors on a call about the coronavirus that “our time” is coming to an end and a “new administration” is taking over.

Pence said Tuesday that the administration is in the middle of the transition and is working “diligently” with President-elect Joe Biden’s team. He thanked the governors for their leadership on the coronavirus and promised them a “seamless transition.”

He says the objective “is that there is no interruption in our continuous efforts to put the health of the American people first.”

Pence’s comments come as the U.S. House moves forward toward impeachment or other steps to forcibly remove Trump from office after a mob of his supporters attacked the U.S. Capitol last week to stop Congress from affirming Biden’s victory. Trump has falsely claimed widespread voter fraud cost him the election

1:30 p.m.

Within a span of about 24 hours, three House Democrats have announced they tested positive for COVID-19, prompting concern that last week’s insurrection at the Capitol has also turned into a super-spreader event threatening the health of lawmakers and their staffs.

Those who have tested positive were among the dozens of lawmakers whisked to a secure location when pro-Trump insurrectionists stormed the Capitol on Wednesday. Some members of Congress huddled for hours in the large room, while others were there for a shorter period.

While it’s not certain where and when lawmakers caught the illness, the Capitol’s attending physician notified all House lawmakers of possible virus exposure and urged them to be tested. Dr. Brian Moynihan said that members who were in protective isolation last Wednesday “may have been exposed to another occupant with coronavirus infection.”

The three Democratic lawmakers directed their anger toward some House Republicans who were also in the secure room and declined opportunities to wear a mask, despite their role in blocking the spread of COVID-19. Video surfaced of multiple Republican lawmakers refusing to wear a face mask even when they were offered one.

1:10 p.m.

Senate Democratic leader Chuck Schumer said the violence at the Capitol shows the need for the Senate to swiftly confirm Joe Biden’s national security team on the first day of his administration.

Schumer said in a letter to colleagues that the deadly Capitol riot by a mob loyal to President Donald Trump last week was “one of the darkest days in all of American history.”

He said Biden will need “key national security positions on Day One.”

The Senate often confirms some nominees on Inauguration Day, Jan. 20, but this year the Senate will also likely be convening Trump’s impeachment trial. The House is set to impeach Trump this week on a sole charge of inciting insurrection in the violent riot.

Schumer wants the chamber to swiftly take up those nominees for secretary of defense, secretary of homeland security, secretary of state, attorney general, and others.

Schumer outlined the party’s agenda, vowing to push ahead on Democratic priorities.

11:50 a.m.

A total of 15,000 National Guard members have now been activated and will deploy to Washington, D.C., to help provide security in the run up to the inauguration of President-elect Joe Biden.

The number of Guard members coming in from other states has been growing, amid escalating fears of more violent protests in the wake of the deadly riot at the U.S. Capitol last week.

Army Gen. Daniel Hokanson, chief of the National Guard Bureau, was given the authority to tap up to 15,000 Guard, but he has said that requests for assistance from the Secret Service, the U.S. Park Police and the Capitol Police have been increasing this week.

The Army also said Tuesday that officials are working with the Secret Service to determine which Guard members may need additional background screening. Rep. Jason Crow, D-Co., had asked Army Secretary Ryan McCarthy to have the Army’s Criminal Investigation Command screen Guard members coming in to ensure they were not “sympathetic to domestic terrorists.”

The Army said CID will not be reviewing all the Guard, but some members may be subject to additional background screening. Traditionally, those who get within close proximity to the president — or in this case the president-elect — are checked more closely.

So far, officials said they have not yet identified any Guard members who participated in the protests, but investigations are ongoing.

In a statement, the Army said the D.C. National Guard is also giving troops additional training as they arrive in the city, so they know to identify and report any extremist behavior to their commanders.

The Army also said it is working with the FBI to identify people who participated in Capitol attack, adding, “any type of activity that involves violence, civil disobedience, or a breach of peace may be punishable under the Uniform Code of Military Justice or under state or federal law.”

11:15 a.m.

Senate Democratic Leader Chuck Schumer is calling on the FBI to add anyone identified breaching the Capitol during last week’s violent riot to the federal no-fly list.

Schumer sent a letter Tuesday to FBI Director Christopher Wray, saying the attack on the Capitol as Congress was voting to affirm President-elect Joe Biden’s win was “domestic terrorism.” He said those who stormed the Capitol should qualify as “insurrectionists for the No-Fly List.”

Schumer told Wray that they must also be fully prosecuted to the full extent of federal law. The letter was obtained by The Associated Press.

The federal no-fly list is part of the U.S. government’s Terrorist Screening Database and prohibits anyone who “may pose a threat to civil aviation or national security” from boarding a commercial aircraft. Generally, in order to be placed on the list, the government must have information that the person presents “a threat of committing terrorism” to the aircraft or the U.S. homeland or U.S. facilities.

The no-fly list is one of the government’s most controversial post-Sept. 11 counterterrorism programs.

10:55 a.m.

President Donald Trump is taking no responsibility for his role in fomenting a violent insurrection at the U.S. Capitol last week.

A Capitol police officer died from injuries suffered in the riot, and police shot a woman during the violence. Three others died in what authorities said were medical emergencies.

Speaking to reporters before traveling to Texas on Tuesday, Trump says his remarks to supporters last week were “totally appropriate.”

Minutes before his supporters stormed the Capitol, Trump encouraged them to march on the seat of the nation’s government where lawmakers were tallying Electoral College votes affirming President-elect Joe Biden’s victory. Trump, for months, had also spread baseless claims that the November election was fraudulent, despite his own administration’s findings to the contrary.

As rioters were still in the Capitol, Trump released a video seemingly excusing the events, saying of the rioters: “We love you. You’re very special.”

10:30 a.m.

President Donald Trump told reporters Tuesday at the White House that the prospect of impeachment is causing “tremendous anger” in the nation. But he said he wants “no violence.”

The president spoke as he left for Texas to survey the border wall with Mexico. His remarks were his first to reporters since the Capitol attack.

On impeachment, Trump said it’s “a really terrible thing that they’re doing.” But he said, “We want no violence. Never violence.”

Source: Report says FBI warned of plans for ‘war’ at Capitol

Rogue ATF Agents are Cracking Down on Legal Guns in Anticipation of Biden Administration

GOA and other pro-2A groups are suing the Bureau of Alcohol Tobacco Firearms and Explosives.

Honest citizens should enjoy the right to assemble their own firearms for lawful purposes, and they should be able to do so without being terrorized by their government.” — GOA’s Erich Pratt, AmmoLand, December 11, 2020.

 

USA – -(AmmoLand.com)- On Thursday, federal agents raided the headquarters of Polymer80, one of the largest manufacturers of homemade firearm accessories.

For years, Polymer80 has been producing “80% complete” lower receivers which the ATF determined to be incomplete and non-regulatable by the ATF as firearms. These receivers require holes to be drilled and surfaces filed before they become an actual, usable receiver, hence the term 80% receiver.

You might have heard an anti-gunner refer to a completed homemade firearm as a “ghost gun” before.

According to the ATF in numerous letters to Polymer80, their 80% receivers did not require a manufacturer’s license, the unconstitutional Pittman-Robertson tax, a serial number, or a NICS check before purchase.

Anti-gunners have been advocating for a ban on homemade firearms for years, even recently appealing to the Trump Administration.

Once again, the ATF appears to be reversing its longstanding interpretive guidance and is arbitrarily redefining a crucial term to enact a gun ban.

ATF is Expanding its Crackdown

AmmoLand News broke the news yesterday that ATF is raiding more companiesthan just Polymer80:

The ATF did raid or show up at other companies that sell other kits that include 80% part kits, barrels, and slides that are not Polymer80. AmmoLand News sources inside the ATF say that the agency is now considering 80% kits with all the parts needed to finish a pistol as a firearm. None of the companies had any warning on the change to ATF’s regulations before actual agents showed up making attempts to retrieve customer information.

Apparently, the ATF now considers an 80% lower receiver sold with a parts kit — such as the one offered by Polymer80 as a Buy Build Shoot Kit — to be a firearm requiring a background check. .

But the statute defining a firearm hasn’t changed.

ATF Leadership 2020 Acting Director Regina Lombardo & Associate Deputy Director Marvin Richardson
ATF Leadership 2020 Acting Director Regina Lombardo & Associate Deputy Director Marvin Richardson

What did change?

ATF is arbitrarily redefining firearms using interpretive guidance. Acting Director of the ATF Regina Lombardo must feel emboldened by the apparent victory of presidential candidate Joe Biden.

In November, she even began working early with the “Biden Transition Team.”

Her reported priorities? Pistol braces and 80% receivers.

But this is more than cooperating with a transition team. Lombardo has begun advancing the Biden-Harris gun control agenda during the Trump Administration!

Take action and tell President Trump to fire Acting Director of the ATF Regina Lombardo and her anti-gun subordinates responsible for this anti-Second Amendment attack on homemade firearms.

These anti-gunners have got to go!

In liberty,

Aidan Johnston
Director of Federal Affairs
Gun Owners of America


About Gun Owners of America

GOA spokespeople are available for interviews. Gun Owners of America, and its sister organization Gun Owners Foundation, are nonprofits dedicated to protecting the right to keep and bear arms without compromise. For more information, visit GOA at www.gunowners.org.

Gun Owners of America GOA logo

Source: Rogue ATF Agents are Cracking Down on Legal Guns in Anticipation of Biden Administration

Monolith discovery in Utah canyon prompts ‘planet’ warning

A metal monolith planted in a remote southeast Utah canyon was discovered last week by a Utah Department of Public Safety flight crew that had been counting bighorn sheep. (UDPS photo)

A metal monolith has somehow been installed in the ground in a remote area of red rock in southeast Utah.

“It is illegal to install structures or art without authorization on federally managed public lands, no matter what planet you’re from,” warns a Monday news release from the Utah Department of Public Safety.

It’s possible the use of “planet” is warranted because of a hard-to-believe discovery by a flight crew that was counting bighorn sheep in an undisclosed area of southeast Utah.

The crew spotted an unusual object and landed to investigate.

A metal monolith had somehow been installed in the ground in a remote area of red rock. The metal sticks out about 12 feet above ground at what appears to be the point of a small canyon.

The crew said there was no obvious indication of who might have planted the monolith.

The exact location was not disclosed because it is in a very remote area and “if individuals were to attempt to visit the area, there is a significant possibility they may become stranded and require rescue,” the UDPS stated in the release.

The federal Bureau of Land Management will determine if more investigation is needed, the UDPS stated.

Source: Monolith discovery in Utah canyon prompts ‘planet’ warning

Two crew members show the height of a monolith discovered Nov. 18, 2020, in a remote southeast Utah canyon. (UDPS photo)

A crew member next to a metal monolith discovered Nov. 18, 2020, in a remote southeast Utah can …A crew member next to a metal monolith discovered Nov. 18, 2020, in a remote southeast Utah canyon. (UDPS photo)

 

All-mail balloting rife with problems

by Thomas Mitchell

What could possibly go wrong?

Just put more than 1.6 million ballots — and that was the number of active registered Nevada voters back in January, before the push to register voters prior to the November General Election — in largely unsecured mailboxes. No one would ever think to follow the mail carrier around and pluck said ballots from said boxes. Why that would be a crime.

But with the passage of Assembly Bill 4 on a party-line vote in a special session of the Nevada Legislature, already signed by Gov. Steve Sisolak, the governor can use the excuse of the coronavirus pandemic to order November ballots be mailed to all active registered voters. It’s not as if they are being dropped out of airplanes. And hopefully no county will do like Clark County did in the primary and demand that ballots be mailed to inactive voters who have mostly already moved from the addresses on file with the registrar of voters. That resulted in many blank ballots piling up in trash cans.

Surely there’ll be no problem with the part of AB4 that says that the validity of a ballot signature may only be challenged if “at least two employees in the office of the clerk believe there is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter …” What is reasonable? “There is a reasonable question of fact as to whether the signature used for the mail ballot matches the signature of the voter if the signature used for the mail ballot differs in multiple, significant and obvious respects from the signatures of the voter available in the records of the clerk,” AB4 spells out.

Under previous law, it was illegal to “harvest” ballots. Only a family member or certain other persons were allowed to return a mailed ballot for a voter. AB4 allows the voter to designate anyone, though the law prohibits that person from failing to return the ballot or altering, changing, defacing, damaging or destroying the mail ballot. Who would ever do such a thing.

No one would ever be intimidated by their union shop boss, for example, into just turning over their blank but signed mail ballot. Nor would anyone, say at a nursing home, dare to collect such ballots. Turn in your ballot in exchange for a free beer at the neighborhood bar?

The law firm of Campbell & Williams has already filed suit on behalf of the Trump campaign, the Republican National Committee and the Nevada Republican Party. The suit notes the new law authorizes ballot harvesting and that, along with other provisions, dilutes “Nevadans’ honest votes. Dilution of honest votes, to any degree, by the casting of fraudulent or illegitimate votes violates the right to vote.”

What could possibly go wrong?

What could possibly go wrong? Just put more than 1.6 million ballots — and that was the number of active registered Nevada voters back in January, before the push to register voters prior to the No…

Source: All-mail balloting rife with problems

Nevada churches denied the same capacity allowances given to casinos

Let’s get this straight, according to a 5-4 one-sentence U.S. Supreme Court ruling Friday, if a Nevada church were to hold a bingo night in its 500-seat auditorium, under Gov. Steve Sisolak’s diktat, 250 people could attend, since the governor’s orders allow 50 percent capacity for casinos, but, if someone were to say a prayer, 200 would have to leave, since the governor says only 50 people may attend church services.

Four justices thought that a little bit duplicitous.

Justice Neil Gorsuch wrote in his dissent:

This is a simple case. Under the Governor’s edict, a 10-screen “multiplex” may host 500 moviegoers at any time. A casino, too, may cater to hundreds at once, with perhaps six people huddled at each craps table here and a similar number gathered around every roulette wheel there. Large numbers and close quarters are fine in such places. But churches, synagogues, and mosques are banned from admitting more than 50 worshippers — no matter how large the building, how distant the individuals, how many wear face masks, no matter the precautions at all. In Nevada, it seems, it is better to be in entertainment than religion. Maybe that is nothing new. But the First Amendment prohibits such obvious discrimination against the exercise of religion. The world we inhabit today, with a pandemic upon us, poses unusual challenges. But there is no world in which the Constitution permits Nevada to favor Caesars Palace over Calvary Chapel.

Justice Samuel Alito, joined by Justices Clarence Thomas and Brett Kavanaugh, was equally incensed at the disparate treatment, writing:

The Constitution guarantees the free exercise of religion. It says nothing about the freedom to play craps or blackjack, to feed tokens into a slot machine, or to engage in any other game of chance. But the Governor of Nevada apparently has different priorities. Claiming virtually unbounded power to restrict constitutional rights during the COVID–19 pandemic, he has issued a directive that severely limits attendance at religious services. A church, synagogue, or mosque, regardless of its size, may not admit more than 50 persons, but casinos and certain other favored facilities may admit 50% of their maximum occupancy — and in the case of gigantic Las Vegas casinos, this means that thousands of patrons are allowed.

That Nevada would discriminate in favor of the powerful gaming industry and its employees may not come as a surprise, but this Court’s willingness to allow such discrimination is disappointing. We have a duty to defend the Constitution, and even a public health emergency does not absolve us of that responsibility.

The suit was brought by Calvary Chapel Dayton Valley, a church in Lyon County east of Reno. It wanted to conduct services for 90 congregants, about 50 percent of its fire-code capacity. According to Alito, it planned to ask attendees to adhere to proper social distancing of six feet separation, would cut the length of services in half, prohibit items being passed among the congregation, guide congregants to designated doorways along one-way paths, and to leave time between services so the church could be sanitized.

Do casinos require as much?

Justice Kavanaugh wrote in a separate dissent:

But COVID–19 is not a blank check for a State to discriminate against religious people, religious organizations, and religious services. There are certain constitutional red lines that a State may not cross even in a crisis. Those red lines include racial discrimination, religious discrimination, and content-based suppression of speech. This Court’s history is littered with unfortunate examples of overly broad judicial deference to the government when the government has invoked emergency powers and asserted crisis circumstances to override equal-treatment and free-speech principles. The court of history has rejected those jurisprudential mistakes and cautions us against an unduly deferential judicial approach, especially when questions of racial discrimination, religious discrimination, or free speech are at stake.

But Chief Justice John Roberts — joined by Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor and Elena Kagan — denied the church’s appeal without deigning to comment on such a significant constitutional matter.

Dayton Courier file photo

Source: Nevada churches denied the same capacity allowances given to casinos

Ranchers and stockmen alarmed by implications of the Great American Outdoors Act

UPDATE: The Great American Outdoors Act was signed into law by President Trump on July 23, 2020

July 23, 2020

For Immediate Release

Ranchers and stockmen alarmed by implications of the Great American Outdoors Act

Maintenance backlogs, decayed infrastructure and environmental destruction in America’s national parks, monuments, and other federal land designations inspired the creation of the Great American Outdoors Act (GAOA). S. 3422 passed the U.S. Senate on June 17 with overwhelmingly bipartisan support. The bill promises to improve maintenance at federally controlled visitor attractions, recreation areas and wilderness areas, and bring infrastructure up to date.

The GAOA has received praise and support from diverse groups, including hunters’ and sportsmen’s groups, conservation organizations, and many local governments. But despite its vaunted title and ideals, the GAOA is not without complications, especially for some private property owners, western ranchers and other enterprises which depend on access to public lands.

The GAOA permanently encodes yearly spending for the Land and Water Conservation Fund (LWCF) at nearly a billion dollars. This fund is used primarily to purchase private lands and transfer them into government control in the form of conservation easements or land trusts.

On June 23, the National Association of Counties (NACo) reported in a blog post:

“Additionally, S. 3422 will make the LWCF program a mandatory spending program at approximately $900 million annually. Established in 1964, the LWCF is funded by royalty payments from offshore oil and gas development in federal waters. Last year, Congress permanently reauthorized LWCF but the program is still subject to the annual congressional appropriations cycle, where it is rarely fully funded. Additionally, at least 40 percent of LWCF funds are directed to state and local governments for local parks and other conservation projects.”

The fact that LWCF spending would become “mandatory” has troubling implications since congressional oversight would no longer be required for the fund to be reauthorized in perpetuity. Unfortunately, this exposes LWCF funds to the kind of fraud and abuse the Trump administration has been tackling with its “Drain the Swamp” agenda.

Senator Mike Lee (R-Utah) sounded the alarm about the processes under which the GAOA was written and passed through Congress. In a fiery speech on June 11, prior to the act’s passage, he says:

“It is telling that the bill we’re considering this week, called the Great American Outdoors Act, was written behind closed doors and is now being hermetically sealed, walled off from amendments by the American people’s elected representatives.

“Forget the theatrics in Seattle—this bill is the real ‘Capitol Hill Autonomous Zone.’

“In its current form, it enables the federal government to purchase new lands in perpetuity – without accountability, oversight, or any measures to make sure it can actually care for the land that it owns…perpetuating, and worsening, our already problematic federal lands policy.

“This policy will have one overarching impact: to make life easier for politicians and bureaucrats, and harder for the Americans they ostensibly serve….

“The point of this body is to take imperfect bills to the floor, and come together so that we can hone and fine-tune them. The Senate is supposed to have an open debate and amendment process, precisely so that we can raise concerns, find solutions, and arrive at compromise and consensus.” (emphasis added)

Sen. Mike Lee represents one of the few states, Utah, that has made serious efforts to transfer control of its federally controlled public lands into the hands of state land-use agencies. This is reflected in the amendments—which were ultimately rejected—offered by Sen. Lee. His speech continues:

“One of my amendments would require state legislative approval for any land acquisition proposed in that state, so that land acquisition would be something Washington does with the states rather than to the states.

“Another of my amendments would require the federal government to dispose of current federal lands before acquiring any new ones— forcing land agencies to exercise fiscal responsibility and prioritize which lands they keep under their control.


“I’ve also got a number of amendments that would reform the NEPA [National Environmental Policy Act]  process to help address the maintenance backlog on neglected land Washington already owns.

“And, finally, I have an amendment to support Utah’s interests under the Antiquities Act. Right now, other states are protected from unilateral land grabs by the federal government for designation of national monuments, and because 28 percent of the national monument acreage designated in the 50 states over the last 25 years has been in Utah, my state is due the same kind of protections that Wyoming and Alaska already enjoy. (emphasis added)

Calling the act a “shortsighted mistake,” Sen. Lee exposed another problematic element of the GAOA in the fact that it has been pushed through Congress largely as a “feel-good” bill, without proper scrutiny from the public and lawmakers, or discussion and debate about its provisions, some of which appear to be hidden from the very senators who voted on the bill.

Alarmed by its hasty passage and lack of public input, on June 8, a group of 48 cattle and stockmen’s organizations penned a letter to the Senate condemning the Great American Outdoors Act’s spending provisions, lack of representative oversight, and potential for creating vast new regions of poorly maintained federal lands. The letter states, in part:

“Federal agencies currently have more assets than they can afford to maintain. The GAO Act simultaneously recognizes and attempts to address this while also providing hundreds of millions of dollars each year for the government to buy more land through the Land and Water Conservation Fund (LWCF). This approach is counterproductive and will result in a larger federal estate that will require increasing maintenance over time. It’s also worth noting that the bill does nothing to change the way federal agencies prioritize maintenance of assets so that history does not repeat itself.Simply providing funding without action to prevent future maintenance backlogs will only result in compounding maintenance challenges.

“Section 2 of the bill provides funding for maintenance on the assets the government already owns and cannot afford to fund, while immediately allowing for hundreds of millions of dollars allotted to new acquisitions in Section 3. When Congress permanently authorized LWCF in 2019, there was the recognition that Congress still had a responsibility to safeguard the American landscape and the American taxpayer against irresponsible spending. This responsibility was to be carried out through the annual appropriations process, during which Congress would evaluate proposed land acquisitions and determine the appropriate level of funding. Now, the Senate is poised to willingly abdicate [its] oversight of federal land acquisition, while providing the maximum amount of funding allowable into perpetuity.

“The GAO Act provides for $900 million in mandatory funding for LWCF as a whole, meaning that at least 40 percent, or $360 million, each year will be eligible to buy land resources across the country. The federal government already owns more than 640 million acres, controlling a vast majority of the American West. More federal ownership is irresponsible, and in some places it will soon be impossible. In Nevada, federal agencies currently own more than 85 percent of the landscape, leaving precious little to support private enterprise.

“To be clear, this bill radically increases the burden on the American taxpayer for years to come. Congress will still be required to confront federal maintenance needs, including mounting deferred maintenance costs, through the annual appropriations process. There will be fewer maintenance dollars to go around, meaning fewer dollars will be directed to parks in Maine, refuges in Wisconsin, and forests in Florida. If passed, the GAO Act sentences hundreds of millions of acres of American land and water to a poorly managed future. We understand some of the historic benefits that have resulted from LWCF funding in local communities through the use of stateside funding. We also acknowledge that sometimes acquisition can provide continuity for discrete landscape. We do not, however, believe that acquisition on this scale would be anything but an utter failure by Congress to perform its oversight role.” (emphasis added)

RANGE magazine holds with the principle that the best stewardship of lands and natural resources is performed by those whose lives and livelihoods depend directly upon those lands and natural resources. The hastily passed and perhaps ironically named Great American Outdoors Act is popular with politicians in D.C. and groups which benefit from federal acquisition of lands for purposes of protection and conservation, but ranchers and other agricultural operators, especially those in the West where more than two-thirds of lands are already under federal control, vehemently oppose it. Decades of federal control have not improved our nation’s historic landmarks and natural wonders, but have instead led to their destruction through overuse, misappropriation of funds, and neglect. Written “behind closed doors,” the GAOA in its current form will likely lead to a perpetuation of the degraded environmental conditions and crumbling infrastructure now burdening the National Park System. The last thing America needs are more poorly managed federal lands.

Today the GAOA awaits only the president’s signature to become law. You can read the act by going to https://www.congress.gov/bill/116th-congress/senate-bill/3422. To submit comments to President Trump regarding the act, please visit https://www.whitehouse.gov/contact/.

# # #

For more info, check these GAO stories by Dave Skinner—“Wrong, Wrong Ago” and “Where Did the Wild Lands Go?”—at http://rangemagazine.com/features/spring-12/range-sp12-wrong_ago.pdf.

Source: Ranchers and stockmen alarmed by implications of the Great American Outdoors Act

Consistency sacrificed for the sake of kowtowing

Consistency sacrificed for the sake of kowtowing

That’s Discriminatory — with a capital D.

A month ago The Associated Press edited its Stylebook to declare that the word black, “when referring to people in a racial, ethnic or cultural context,” should be capitalized in news stories. The Stylebook is almost universally followed in newsrooms. It is gospel.

John Daniszewski, AP’s vice president of standards, said at the time that this change conveys “an essential and shared sense of history, identity and community among people who identify as Black, including those in the African diaspora and within Africa. The lowercase black is a color, not a person.”

The AP said it would decide within a month whether to also capitalize white when referring to people.

On Monday, the AP announced it would not capitalize white when referring to people.

Daniszewski’s rationale was contorted.

“We agree that white people’s skin color plays into systemic inequalities and injustices, and we want our journalism to robustly explore these problems,” he wrote in a memo to staff Monday. “But capitalizing the term white, as is done by white supremacists, risks subtly conveying legitimacy to such beliefs.”

Legitimacy to white supremacists? What about consistency? What about equal treatment?

The dithering and navel gazing began shortly after the death of George Floyd, a Black man, while being arrested by police. This resulted in protests and riots and the tearing down of statues and the near universal presumption of systemic racism, though evidence of this was entirely lacking.

What’s fair is fair. This decision by AP is kowtowing to the blindly stampeding herd and distorting the language in an Orwellian manner, conveying editorialization instead of fair and objective reporting.

The definition of racism is: “prejudice, discrimination, or antagonism directed against a person or people on the basis of their membership of a particular racial or ethnic group, typically one that is a minority or marginalized.”

Marginalized?

Source: Consistency sacrificed for the sake of kowtowing

Editorial: Keep a close eye on enforcement of virus regulations

 by Thomas Mitchell

Shortly after state health officials confirmed the first presumptive case of the coronavirus — dubbed COVID-19 — in Nevada this past week, Gov. Steve Sisolak issued an emergency regulation regarding insurance coverage for testing and treatment of the rapidly spreading virus.

State law gives the governor the power in emergency situations to make, amend and rescind regulations in response to the emergency. Customarily one thinks of such things as calling out the National Guard to prevent looting or other problems after a national disaster.

In this case the Commissioner of Insurance Barbara Richardson made a finding that an emergency affecting the health and safety of the public exists and that adoption of an emergency regulation was appropriate.

What Sisolak did was attempt to avert potential adverse financial impact for those who carry health insurance.

We highly recommend the governor keep a close eye on the effects of his order lest it have unintentional adverse affects on the availability of testing and potential vaccines or treatments for the disease. Dictating the price of things in the marketplace has been known to deter availability of goods and services when adequate compensation is not forthcoming.

There has been plenty of anecdotal evidence over the years that so-called anti-price-gouging laws merely limit the supply of necessary goods and services in a crisis.

For example, according to the American Institute for Economic Research, in 2005 a Kentucky man took time off from his job, bought 19 power generators, rented a truck and drove to hurricane-ravaged Mississippi intending to sell the generators at twice the price he paid to cover his costs and make a profit. Police confiscated his generators for price gouging, held him for four days and kept the generators in police custody. Those who urgently needed them and would have gladly paid the asking price suffered in the dark instead.

“This pre-emptive emergency regulation should give Nevadans confidence to continue taking preventative measures to stop the spread of COVID-19 as well as seeking necessary medical services and prescriptions without fear of higher than normal costs,” Sisolak was quoted as saying in a press release accompanying the emergency declaration. “Protecting Nevadans is my top priority, and adopting this emergency regulation is a critical piece of our broader plan to anticipate and prepare for the potential impacts of COVID-19.”

The press release said the order prohibits a health insurance company from imposing an out-of-pocket charge for an office, urgent care center or emergency room visit for the purpose of testing for the virus. “Additionally, the regulation prohibits insurers from charging Nevadans for the COVID-19 test itself or an immunization as one becomes available and further requires coverage for off-formulary prescription drugs if a formulary drug is not available for treatment,” the press release says.

Sounds confiscatory. If companies are prohibited from recouping their expenses for services provided, how readily available will those services be?

The regulation further requires health insurance companies to pro-actively provide information on available benefits, options for medical advice and treatment through telehealth systems and ways to prevent exposure to the virus.

With only a few cases in Nevada so far such measures may be premature. There have been no reports of insurance price gouging due to the virus that we are aware of, which is what the governor’s emergency order appears to be intended to stave off.

We suggested the commissioner of insurance and health officials keep a close watch on events as they develop to assure these shackles on the free market do not interrupt the availability of necessary services and thus create the opposite effect of what the governor intends.

A version of this editorial appeared this week in some of the Battle Born Media newspapers — The Ely Times, the Mesquite Local News, the Mineral County Independent-News, the Eureka Sentinel,  Sparks Tribune and the Lincoln County Record.

Source: Editorial: Keep a close eye on enforcement of virus regulations

Diverse “transparency” coalition in Nevada holds government accountable

By Robert Fellner, Nevada Policy Research Institute and Tod Story, ACLU of Nevada

Sunshine Week is dedicated to celebrating the principles of a transparent and accountable government, which makes it the perfect time to announce the launch of the Nevada Open Government Coalition.

The ideologically diverse Coalition was created to continue the success of our efforts to update the Nevada Public Records Act (NPRA) in 2019, and ensure that governments are transparent with the public as we seek information in the pursuit of accountability. The law aims to “foster democratic principles” by requiring that “all public books and public records of a government entity” are open to the public.

The latest example of a government agency trying to avoid their statutory obligations was highlighted in a state Supreme Court ruling from last month.

The case centered around efforts to obtain the results of an investigation by the Clark County School District into reports of inappropriate behavior by an elected school trustee.

While it’s hard to imagine an example of a document that more clearly falls within the realm of public records — the report about the conduct of an elected official seeking re-election was created by a public agency with public money — the school district nonetheless refused to disclose the report in response to a public records request submitted by the Las Vegas Review-Journal.

The newspaper was forced to sue and thankfully obtained the report just two weeks before the election, but only because it had the resources necessary to file a lawsuit.

One reason the newspaper was willing to take on the significant cost of litigation, however, was because of a provision within the Public Records Act that requires the government to reimburse the legal costs incurred by the requesting party, if a court finds that the government did, in fact, violate the law by withholding public records.

Absent this provision, the NPRA would be far less effective because government agencies could unlawfully withhold documents knowing that few organizations would be willing to pay the tens of thousands of dollars it would cost to force the government to comply.

This was precisely what CCSD argued for in its appeal.

Not content with wasting tax dollars to keep the investigation itself secret, the school district engaged in a lengthy appeal asking the Court to require the newspaper to pay its own legal fees.

The Nevada Supreme Court ultimately rejected the school district’s frivolous and self-serving argument. However, the whole ordeal will still end up consuming more than $125,000 of public money that should have gone instead towards education.

More must be done to ensure compliance with the Public Records Act. The importance of this law and government transparency cannot be overstated.

Using the public records law, the Reno Gazette-Journal recently discovered that Tesla defied a court order and search warrant by refusing to allow federal investigators access to their property. Given the enormous subsidies the state has provided to Tesla, the report is of significant public importance, but would never have seen the light of day if not for the public records law.

The Review-Journal used the law to help uncover numerous scandals and examples of corruption that officials would have preferred remained hidden, including failed oversight by the state Dental Board, improper use of government funds at the Las Vegas Convention Visitors Authority that would ultimately lead to criminal charges, and highly questionable activities at the Nevada DMV, where employees are alleged to have sabotaged a botched $75 million computer upgrade in an attempt to obtain bribes.

Thankfully, many public agencies comply with the law without a court order. But as this latest ruling reminds us, some agencies have no problem squandering significant amounts of tax dollars on frivolous legal efforts in an attempt to keep the public in the dark.

By educating, training, and providing resources on government transparency, the Nevada Open Government Coalition hopes to empower citizens with the knowledge and tools they need to hold public officials accountable.

The Coalition will also advocate for legislative changes designed to discourage the type of noncompliance exemplified in the recent CCSD case, which is sadly far too common.

To that end, the Coalition believes that public officials who violate the NPRA should face a penalty for doing so. This would ensure all Nevadans, taxpayers and public officials alike, are treated fairly under the law, while also providing the accountability needed to ensure Nevadans receive the fully transparent government to which they are entitled.

Robert Fellner is Vice President & Director of Policy of the Nevada Policy Research Institute, an independent organization that promotes free markets and individual freedom in the Silver State. Tod Story is the Executive Director of the ACLU of Nevada, which works to defend and advance the civil liberties and rights of all Nevadans. They are founding board members of the Nevada Open Government Coalition.

Source: Diverse “transparency” coalition in Nevada holds government accountable