#1 Government Overreach Lost the Malheur Trial by Cincinnatus 01.11.2016 16:03


While the Bundy supporters continue to celebrate the acquittal of all 7 defendants, the prosecution is taking hits for reinforcing the narrative of government overreach.

It is widely held that the prosecution in the Malheur Protest Trial would have easily won a victory if they had not got greedy and attempted to go for the maximum prison sentences possible. They could have gone for trespassing or vandalism, but have stated that they chose they higher charge of conspiracy because of the amount of prison time involved.

They wanted the Bundy’s in jail for a very long time. It seems that they needed to send a message to the American people that disagreeing with the government will not be tolerated.

The prosecution was willing to lie to meet their ends, but the jury saw through them. When they presented their Big Gun Show, with the numerous weapons and ammo found at the refuge, they didn’t think they would be called out to admit who actually owned those guns, and who actually brought them to the refuge.

The FBI tried to slide through it by saying they never bothered to check the ownership of the weapons. Really?

The prosecution never thought the defense would call them out on the Confidential Informants (CI) used to set up the protesters. Oops!

Yes, their CI was none other than the man that ran the firing range and taught the protesters about firearms and hand-to-hand combat. He was also present for the video that was used as evidence against the defendants.

Then they grasped at a few more straws and brought in Facebook Memes to use as evidence. They should have thought about how many jurors use Facebook and share memes. This just reinforced the government being completely out-of-touch with the people.

However, their greed came back to haunt them when the jury refused to convict on the conspiracy or firearms charges.

Judge Anna Brown made every attempt to bolster the prosecution’s case, yet her greed also worked against her. The jury noted that there was evidence that she was not allowing them to see. They also noticed the slew of objections that she sustained for the prosecution compared with the defense.

Brown made the decision to word the jury instructions in such a way that the intent was paramount. The prosecution just couldn’t prove it.

And the jury was not happy with her not allowing the Constitution in her courtroom.

This trial has proven the government overreach that the defendants were protesting against. They made the mistake of believing that in a very Liberal Portland the people would just fall all over themselves to believe whatever rhetoric the government spews.


I wonder if the Feds really did "overreach". A charge of "trespass" or "vandalism" would be minor with minor punishment. That was not what they wanted. They wanted to send a message to other patriots this, too, could happen to them: arrest, isolation, psychological stress, trial. Who of us could endure such treatment both financially and emotionally?

Another lesson to be learned from Malheur is how much the Feds fear and loathe the patriot movement. The number of undercover agents at Malheur may have been as high as 15. This is definitely a cautionary tale regarding further actions and demonstrations. And others may disagree with me but my attitude toward these individuals are scum.

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