Citizens for Constitutional Freedom

C4CF logo

Citizens for Constitutional Freedom (C4CF) was the name taken by an American militia that overtook and occupied the U.S. Fish and Wildlife Service's Malheur National Wildlife Refuge headquarters in the state of Oregon from January 2 to February 11, 2016.[1][2] The leader of the organization was Ammon Bundy,[1] son of Cliven Bundy, who engaged in a similar standoff with the government over grazing on federal land.[3][4]

Five of its members, including Bundy, were first arrested on January 26,[5] while a sixth member, Robert "LaVoy" Finicum, was shot and killed by law enforcement officers.[6][7] This was followed by a number of other arrests that eventually culminated in the end of the occupation.[2] A total of 27 people, including Bundy, were charged under federal law with a variety of offenses, including a single count of felony conspiracy.[8][9][10]

During the occupation, the militant group claimed that the United States Constitution allows the federal government to own only a small amount of land, and that it must be purchased from the U.S. State where it is located.[11]

Known members

A total of at least 33 people are known to have served roles in the group during the occupation. They all hail from ten states across the U.S. and have had a wide range of criminal activity and prior involvement in right-wing activism.[12] They are:

Indicted

Blaine Cooper, 2014
Jon Ritzheimer, pictured here in May 2015, was identified as one of the leaders of the militant occupation.

Others

The following militants were reported as somehow avoiding arrest and prosecution:[12]

Motives for the occupation

The motivation for the occupation was the control and use of federal lands, which the militants wanted transferred to private ownership or to Harney County control.[86][87][88][89] There is a long history of conflicting interests between different citizens on federal lands, specifically in this case between ranchers and environmentalists. Ranchers have a long history of using federal lands to graze livestock, which was unregulated until the enactment of the Taylor Grazing Act of 1934.[90] Overgrazing can damage or destroy habitats for the livestock themselves and for wildlife. Environmental restrictions like the National Environmental Policy Act of 1969 and the Endangered Species Act of 1973, intended to protect wildlife and the environment, have been increasing over time, placing a burden on ranchers or even putting them out of business. A specific, relevant example was the case of Cliven Bundy, the father of militant Ammon Bundy. In that case, the government determined that Bundy's cattle were damaging the habitat of the desert tortoise, an endangered species. He was subsequently ordered to greatly reduce the number of cattle on federal rangeland on which he had grazing rights, but Bundy refused and also stopped paying grazing fees. The government began removing the trespass cattle, resulting in the 2014 Bundy standoff. Similarities were drawn between the occupation and the Sagebrush Rebellion and wise use movements.[91]

Ammon and Ryan Bundy are members of The Church of Jesus Christ of Latter-day Saints (LDS Church).[27][92] They and some of the other militants have cited the Mormon scripture as justification for defying government authority. After the occupation began, the LDS Church issued a statement, strongly condemning the seizure and that the armed occupation can in no way be justified on a scriptural basis.[92][93][94][95] Alex Beam describes the Bundys as "Mormon religious fanatics."[96]

Cliven Bundy has frequently made references to the Book of Mormon in his conflicts with the United States government for years. According to Oregon Public Broadcasting, during the family's 2014 standoff, Bundy used banners quoting Captain Moroni: "In memory of our God, our religion, and freedom, and our peace, our wives, and our children."[97] In 2016, Ammon Bundy used much of the same language as his father, "mixing Mormon religious symbolism with a disgust of the federal government" during the occupation. One member of Ammon's militant group refused to give any other name to the press than "Captain Moroni, from Utah"[98] and was quoted as saying, "I didn't come here to shoot I came here to die."[99]

In an op-ed, Chris Zinda of The Independent[lower-alpha 1] points out a book Bundy co-published:

Many people do not know that Cliven Bundy, along with his former neighbor Keith Nay, self-published a book titled 'Nay Book' that is a combination of LDS theology and Skousen constitutional theory. Written in the late 1990s, it is the revelatory playbook that Cliven used in 2014 in Bunkerville and that his sons used in Malheur in 2016. It is a vivid example of how his 1950s–80s John Birch Society/Skousen indoctrination formulated his adulthood opinions that have since been passed on to his posterity and beyond.[100]

Criminal charges against militants

As of March 23, 2016, 27 people involved in the occupation have been charged under federal law; of those, 26 have been indicted for a single federal felony count of conspiracy to impede officers of the U.S. from discharging their official duties through the use of force, intimidation, or threats.[9] A number of those under indictment on the conspiracy charge are also charged with a variety of other counts, some of which incur sentences up to life imprisonment, including possession of firearms and dangerous weapons in federal facilities, use and carry of firearms in relation to a crime of violence, depredation of government property (relating to damaging the site "by means of excavation and the use of heavy equipment"), and theft of government property.[101][102] All but two of those indicted were under arrest as of March 2016.[103] In addition, several of those under indictment in Oregon have also been indicted separately for their roles in the 2014 Bundy standoff in Nevada.[104]

The indictees and their charges are:

Name Conspiracy to impede officers of the U.S. Possession of firearms and dangerous weapons in federal facilities Use and carry of firearm in relation to a crime of violence Depredation of government property Theft of government property Separate charges related to Bundy standoff
Anderson, DylanDylan Anderson X X
Anderson, Sandra LynnSandra Lynn Anderson X X
Anderson, Sean LarrySean Larry Anderson X X X X
Banta, Jeff WayneJeff Wayne Banta X X
Blomgren, Jason CharlesJason Charles Blomgren X X
Bundy, AmmonAmmon Bundy X X X X
Bundy, RyanRyan Bundy X X X X X
Cavalier, BrianBrian Cavalier X X X X
Cooper, BlaineBlaine Cooper X X
Cox, ShawnaShawna Cox X X
Cox, TravisTravis Cox X X
Ehmer, DuaneDuane Ehmer X
Flores, EricEric Flores X X
Fry, David LeeDavid Lee Fry X X X
Kjar, WesleyWesley Kjar X X
Lequieu, CoreyCorey Lequieu X X X
Medenbach, KennethKenneth Medenbach X X
O'Shaughnessy, JosephJoseph O'Shaughnessy X X
Patrick, JasonJason Patrick X X X
Payne, Ryan W.Ryan W. Payne X X X X
Ritzheimer, JonJon Ritzheimer X X X X
Ryan, Jake EdwardJake Edward Ryan X X X
Santilli, PeterPeter Santilli X X
Stanek, Geoffrey AlanGeoffrey Alan Stanek X X
Thorn, Darryl WilliamDarryl William Thorn X X
Wampler, NeilNeil Wampler X
Willingham, Scott AlanScott Alan Willingham X

Penalties for the offenses are as follows:

Other arrests and charges

Legal proceedings

Pre-trial court appearances

Ammon Bundy, Ryan Bundy, Ryan Payne, Dylan Anderson, and Jason Patrick all appeared in court on January 29. Ammon Bundy stood in court and explained the motives of the occupation to the judge, saying that "[his] only goal from the beginning was to protect freedom for the people." However, he and the other militants were denied bail, with the judge saying she would not release them while the occupation continues.[112][113][114]

Shawna Cox was released on bail on February 1 and ordered to home detention with extensive conditions.[115] Nineteen days later, she filed a countersuit in the U.S. District Court for the District of Oregon against the government, claiming "damages from the works of the devil in excess $666,666,666,666.66."[116] The document was quickly dismissed by a judge, saying that her claims were "not cognizable in this criminal proceeding and will not be addressed in this case."[117] During her home detention, she made online statements about the case and urged people to travel to Montana and provide shelter for militant Jake Edward Ryan, who had been on the run from federal authorities at the time. On March 29, a federal judge lifted Cox's home detention and replaced it with a curfew under the condition that she not make any public comments regarding the case.[43]

Duane Ehmer was released on home detention on February 4 and is being monitored via GPS.[118] He was released from jail on February 5 after it was ruled that his connections to Irrigon were strong and that he did not pose a flight risk.[118]

David Fry, Sean and Sandra Anderson, and Jeff Banta, the last four militants to surrender in the occupation, appeared in court on February 12, a day after their surrender. Also appearing were militants Darryl William Thorn and Geoffrey Stanek. They were all charged with several offenses, with all six pleading not guilty. Stanek claimed that he had gone to the refuge to act as a medic and that he had been cooperating with the investigation, though the judge expressed concerns about him being armed during the occupation and the fact that he had been armed during his arrest.[79]

Also on February 12, Wesley Kjar appeared in federal court in Salt Lake City, Utah, while Blaine Cooper made a separate court appearance in St. George.[119] Kjar was denied release from jail with conditions on February 16 after being judged as a flight risk and a danger to the community.[54]

Sandra Anderson was released from jail on February 19 under the conditions that she remain in her home state of Idaho unless she needed to make court appearances in Oregon; would not make any contact with the other militants, including her husband; and not possess any firearms. She was also ordered to undergo a mental health evaluation.[120] She was released after a judge ruled that she is not a flight risk because she has no criminal history and has held a steady job.[121]

Ten of the jailed militants, including Ammon Bundy, appeared in court on February 24, when U.S. District Judge Anna J. Brown stated that she would push to try them on the federal conspiracy charges as soon as possible. During the hearing, several of the militants challenged her assertions; and two of them, Ryan Bundy and Kenneth Medenbach, expressed their wishes to represent themselves.[122]

Jeff Banta was released from jail on February 26 under the conditions that he would not make any contact with the other militants and not make any statements in support of illegal activity.[123]

On April 28, some of the lawyers of the militants began urging the court to dismiss certain counts specified in the February indictment. They explained that the federal conspiracy charge was "unconstitutionally vague" and that the firearm charge is inadmissible because a violent crime wasn't committed during the course of the occupation.[124]

Trials

The militants' trials are scheduled to start on September 7.[125] The defense will focus on the argument that the federal government doesn't actually have jurisdiction of federal land, as they lost the right to own the land inside of Oregon once it became a state.[126]

Notes

  1. The source cited is separate from the British online newspaper of the same name and based in St. George, Utah.

References

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