BLM carries out the order of one federal judge, while ignoring the order of another

A number of people have noted that the BLM was just carrying out a federal judge’s order when it bungled its attempt to roundup rancher Cliven Bundy’s cattle from federal public land in the Gold Butte area.

Federal Judge Lloyd George authorized the BLM to confiscate Bundy’s cattle and the agency dutifully attempted to do so.

Wayne N. Hage testifies before Congress.

But in September 2012 another federal judge, Robert Jones, found that in the Hage Ranch case Tonopah BLM manager Tom Seley and Humboldt-Toiyabe National Forest Service ranger Steve Williams were in contempt for witness intimidation and attempts to circumvent the jurisdiction of the court over issues of grazing and water rights that were being litigated in federal court. The judge said there was “intent to deprive this court of jurisdiction by intimidation of witnesses and threats against witnesses.”

Judge Jones ordered from the bench, “Mr. Seley can no longer be an administrator in this BLM district. I don’t trust him to be unbiased. Nor can he supervise anybody in this district.”

A year later the son of the ranch owner who brought the case, Wayne N. Hage, testified before Congress that nothing was done to the two men cited. One still holds the same office and Seley retired.

In written testimony, which followed somewhat his spoken testimony, Hage stated:

“It is warming to know that with regard to the Courts that we still have the Rule of Law. Although as I have found out it is nearly impossible to defend a persons property and rights in the courts due to the financial burdens and the length of time involved. (My Mother and Father filed the original case and were not able to live long enough to see the end of the litigation. My step Mother died before there was an end to the litigation and it is looking like my siblings and I may be in old age before this is concluded.) However there it is becoming very apparent that there is no rule of law with regard to the employs of the BLM, USFS and perhaps the DOJ, there we have the rule of man. I remind congress that Aristotle explained that the difference between a correct form of government and perverse form of government is that the former is the Rule of Law and the latter is the rule of man.”

I guess some judicial orders are more equal than others.

29 comments on “BLM carries out the order of one federal judge, while ignoring the order of another

  1. Bruce Feher says:

    That’s Government for you! They can cherry pick what laws they will enforce, obey or disregard. It is rotten from the head to the tail!

  2. Steve says:

    I wonder if any of the Hage descendants will become lawyers…

    So they can carry on the case!

  3. The fish rots from the head down.

  4. Only the government is immortal.

  5. Anonymous says:

    It’s impressive that this individual, Cliven Bundy, has resisted federal/feral government intrusion in his life and livelihood for so long. Given his ancestors settled in this area and established this business when Nevada was a mere 15 years from being a territory one could say he is of the land. Native Americans believed this land was theirs, Bundy is not so different, but the great and good federal government ignored that factor and brought its brand of civilization with soldiers and surveyors, the BLM is not so different from those long ago soldiers, just following orders, it’s the brand of politicians that’s changed. In the late 1800s the federals wanted settlers on the previous Indian land, now they want them, and their cattle off; only they know the reason, and it’s surely not freaking turtles. Harry Reid said “it’s not over” but who the hell knows what he will say next, he may even deny saying “it’s not over”, but don’t look for him to appear on scene where firearms are being brandished on both sides, and especially not when neither the demonstrators or the rangers have any respect for him, the great negotiator does his best work in the sanctum sanctorum of the senate chambers.

  6. nyp says:

    This sure makes suckers out of all those other ranchers who actually pay to make use of property that doesn’t belong to them.

  7. nyp says:

    “I abide by almost zero federal laws.” — Clive Bundy

    What a patriot.

  8. Vernon Clayson says:

    I’m anonymous, forget to enter my name. I dislike responding to nyp’s mockery and leftist silliness but what other ranchers is he talking about and American history is replete with individuals that are labeled patriots for resisting government. Harry Reid made his bones by effecting the persona of an independent thinking westerner, now he’s a Washington DC denizen with the persona of cold fish Massachusetts, Connecticut, or Illinois legislators.

  9. nyp says:

    I suppose I’m talking about all the other ranchers who obey the law and pay for making use of property that doesn’t belong to them.

  10. Floyd Rathbun says:

    Wayne Hage’s testimony about Tom Seley and Steve Williams were only part of the story. Judge Jones read his conclusions about the “credibility” of each government witness into the record of the court. That assessment of credibility included the testimony Forest Regional Supervisor from Ogden as being not at all credible to other Forest Service. Other Forest Service and BLM witnesses were considererd credible in part and not credible in other parts. To date there has not been any news about those federal employees being held accountable for lying under oath.

    Judge Jones instructed a Federal Attorney to be present in his Court Room for the conclusion of the trial. A large number of federal employees, based on their own testimony, were referred to the Federal Attorney (by Jones) for investigation and possible prosecution based on decades of conspiracy to deprive the Hage family of their property. The Court used terminology needed to identify RICO Act violations.

    That instruction to the Federal Attorney’s office was made in 2012. I haven’t heard about any form of prosecution, but if anyone has any news about please let us know.

  11. Winston Smith says:

    Amendment X
    The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

    “The Constitution is not an instrument for the government to restrain the people, it is an instrument for the people to restrain the government — lest it come to dominate our lives and interests.” – Patrick Henry

    “Of liberty I would say that, in the whole plenitude of its extent, it is unobstructed action according to our will. But rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add ‘within the limits of the law,’ because law is often but the tyrant’s will, and always so when it violates the right of an individual.” – Thomas Jefferson to Isaac H. Tiffany, 1819

    “The only power any government has is the power to crack down on criminals. Well, when there aren’t enough criminals, one makes them. One declares so many things to be a crime that it becomes impossible for men to live without breaking laws.” – Ayn Rand

  12. Steve says:

    Funny, libs (nyp) really don’t want to discus anything at all about Wayne Hage.

  13. nyp says:

    perhaps that is because Mr. Mitchell’s post was not about Wayne Hage. In any event. Hage’s suit was thrown out.

  14. Steve says:

    “In any event. Hage’s suit was thrown out.”


    There currently sits awaiting payment to the Hage Estate by the BLM a 4.8 million dollar judgement which is earning 8% interest. The BLM has already out waited one life and it seems they are willing to ignore that court order for as long as it takes in hopes the whole Hage family dies off.

    Yep, libby peeps today are complete hypocrites,,,and (when it suits their blind spot) will lie like a rug.

  15. Steve says:

    And, my libby nyp, you completely missed the absolute fact Mitch was writing all about the Hage case today.

    Your blind spot is so big we could hide the broad side of a barn in it.

  16. One of Hage’s suits was not granted cert by the Supreme Court. It was not thrown out.

  17. Thanks for the added info, Rathbun.

  18. Those other ranchers are getting fed up, too, Petey.

  19. Steve says:

    When SCOTUS refuses to take or review a case the lower court ruling stands.

  20. Anonymous says:

    Let me know how the suit turns out, OK?

  21. Steve says:

    Funny, anon…ha…ha.

  22. nyp says:

    BTW, fellas, I really don’t think the Judge issued an Order directing BLM to fire one of its employees.

  23. Steve says:

    Not thinking seems to be SOP for you today, nyp.
    first you said this post was not about Hage now you acknowledge the Hage was not “thrown out” by saying you “don’t think” the judge issued such an order.

    Well, nyp, those words were in his order…and the BLM has continued to ignore the judgement…

  24. Nyp says:

    His suits were dismissed. He lost.

    As for the Order, show us a copy. Link to a .pdf

  25. Steve says:

    No he didn’t lose. The judgement stands.
    You link to a PDF showing it was thrown out.

  26. Steve says:

    “What still stands as a result of Hage v. United States, is the decision that western ranchers own their water and right’s-of-way on the federal lands. However, determining what will trigger a compensation claim for these rights under the Fifth Amendment is the unanswered question. The bar is set high at the Appellate court. Still, maybe a case in the future with the right set of facts can cross this hurdle successfully. But that baton will need to be passed to a new generation of ranchers.”

    Government is immortal. HT Mitch.
    This fight is in the second generation and it will continue into the third and fourth before anything is decided. Swift justice? no. sick country.

  27. Athos says:

    Well, speaking of lawbreakers, what’s going on in Utah that centers around our native corrupt senator Greid?

    Am I allowed to get my hopes up, and have a Ted Stevens redux……at last?

  28. nyp says:

    Well, if “” says it, it must be true.

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