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Could the acquittal of the seven armed occupiers of the Malheur National Wildlife Refuge lead to similar occupations across the country?
Could the acquittal of the seven armed occupiers of the Malheur National Wildlife Refuge lead to similar occupations across the country? (Photo: AFP/Getty Images)

Get Ready for More Armed Standoffs on Public Land

Fresh off their acquittal in Oregon and emboldened by the election of Donald Trump, the Bundy brothers are promising more extremist takeovers across the West

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(Photo: AFP/Getty Images)

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Last month鈥檚 acquittal of seven members聽of the armed occupation of the Malheur Wildlife Refuge in Oregon聽caused jaws to drop all over the country. Environmentalists, experts on extremism, legal scholars, and even the defense attorneys of the accused couldn鈥檛 believe it. 鈥淚n no uncertain terms, the acquittal was tantamount to a disaster,鈥 says Ryan Lenz, a senior writer for the , which monitors radical groups in the U.S. 鈥淭he message that jury sent was, 鈥榊ou can take a bunch of heavily armed men, take over a federal building, make demands, and threaten violence if those demands are not met, and get away with it.鈥欌

The question is: Could this set a precedent for more armed takeovers around the U.S.?

Legally, the answer's no. 鈥淛ury verdicts don鈥檛 provide a lot of precedents,鈥 says Margaret Paris, a University of Oregon law professor who specializes in criminal law. Juries can ignore the law in their reasoning and verdicts. 鈥淭hey have a locked door between them and the rest of the world,鈥 she says. Precedent-setting cases are typically those decided by a judge, whose rationale is then on record.

鈥淚鈥檓 deeply concerned about the political climate for people who work on national wildlife refuges.”

The verdict, of course, doesn鈥檛 change the government鈥檚 ability to own land鈥攁s many Malheur occupiers and their supporters have mistakenly argued. But it has galvanized the right-wing bloc of Americans who believe that the federal government can鈥檛 rightfully own land and it鈥檚聽emboldening the Bundys to threaten more armed occupations around the West.

Five days after the trial ended, Ryan Bundy that if the federal government moved forward with bestowing national-monument status on Nevada鈥檚 Gold Butte area鈥攁 350,000-acre swath of desert filled with archeological sites adjacent to聽his father鈥檚 ranch鈥攈is supporters might initiate another Malheur-like display of force. 鈥淚f the government won鈥檛 restrain itself, whatever happens is their own fault,鈥 he said. 鈥淭he government should be scared. They are in the wrong. The land does not belong to the government.鈥

In Oregon, that the Owyhee Canyonlands, which many call 鈥淥regon鈥檚 Grand Canyon,鈥 may be the Bundys鈥 next target. Since last year, groups like the Oregon Natural Desert Association (ONDA) and聽Keen footwear have聽been pushing President Obama to declare the area a national monument. But many ranchers in the state oppose聽that action. In May, they filled聽the capitol building聽to tell legislators a monument could put them out of business. The idea of an Owyhee monument spooked some sheriffs in Oregon: in May, 聽that he was 鈥渃oncerned about people from outside the county who will come with their own agendas鈥 if the federal land was protected there.聽

The not-so-subtle hints of potential aggression have聽some public lands workers worried for their safety. 鈥淚鈥檓 deeply concerned about the political climate for people who work on national wildlife refuges,鈥 says conservation director Steve聽Pedery. 鈥淚 think that is the real danger out of this.鈥

U.S. Fish and聽Wildlife Service director Dan Ashe wrote in an email to 国产吃瓜黑料 that he is 鈥渄isappointed and concerned about the safety of the men and women we send out to provide American conservation.鈥 He said his agency is 鈥渢aking steps to enhance security and safety protocols at our facilities,鈥 but wouldn鈥檛 share specific details.

In addition to the Bundy鈥檚 acquittal, the election of Donald Trump鈥攁 candidate supported by many Patriot聽and militia groups, and one聽 鈥渢o get rid of鈥 the Environmental Protection Agency鈥攆urther underscores the potential for聽more Malheur-like occupations. 鈥淭here is a chunk of the population that [thinks] if they can鈥檛 get what they want, it鈥檚 acceptable to threaten violence,鈥 Pedery says.

But despite what he calls a 鈥渨orrisome鈥 acquittal, Brent Fenty, executive director of ONDA, which supported the movement to turn the Owyhee Canyonlands聽into a monument, says that environmentalists shouldn鈥檛 walk on eggshells just 鈥渂ecause a few people tried to take over a wildlife refuge. This, if anything, has been a wake-up call to Americans鈥攚ho clearly do love their public lands鈥攖hat they can鈥檛 take their public lands for granted. They鈥檇 better stand up.鈥

The jury may have found the Bundys not guilty, but 鈥淥regonians and Americans are outraged by what happened at the Malheur Refuge,鈥 he聽says. 鈥淭hey don鈥檛 want intimidation or harassment to effect decision making.鈥

Fenty believes the聽acquittal just proved that the government didn鈥檛 argue its case well. 鈥淚 think to not make the decisions that need to be made because of the prospect of something like the Malheur occupation is unacceptable,鈥 he says. 鈥淭hat鈥檚 not how democracy works. You do not reward bullies.鈥

Lead Photo: AFP/Getty Images

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