50 armed militiamen take over Oregon wildlife refuge
01-03-2016, 10:31 PM
The criminal conviction that prompted the militiamen's conduct is controversial to say the least. The appellate court decision that instructed the district court to resentence the Hammonds to five years can be found
here.
The law under which the Hammonds were convicted (
18 U.S.C. § 844(f)(1)) reads as follows:
Quote:Quote:
Whoever maliciously damages or destroys, or attempts to damage or destroy, by means of fire or an explosive, any building, vehicle, or other personal or real property in whole or in part owned or possessed by, or leased to, the United States, or any department or agency thereof, or any institution or organization receiving Federal financial assistance, shall be imprisoned for not less than 5 years and not more than 20 years, fined under this title, or both.
Notice how broadly this law can be read. The ambiguity is intentional. The language above was passed by Congress during 1996 in the Anti-Terrorism and Effective Death Penalty Act (AEDPA), a law that was quickly passed after Timothy McVeigh used a truck bomb to blow up a federal building in Oklahoma City. The public wanted laws that gave harsh punishments to terrorists. This is what they got.
Regardless of the Hammonds' motive (poaching cover-up, invasive species, fire control, etc.), it seems strange that setting a fire on federal land in the middle of nowhere should automatically land someone behind bars for at least five years. The presiding trial judge thought that as well. So when the jury returned guilty verdicts for the Hammonds, the judge disregarded the mandatory minimum on Eighth Amendment grounds.
The Eighth Amendment prohibits the infliction of "cruel and unusual punishment." Under the existing legal doctrine, courts will invalidate a mandatory minimum as cruel and unusual only if the punishment is "grossly disproportionate" to the offense. While the trial court judge concluded that the five years for the Hammonds would be grossly disproportionate, the appellate court disagreed. Consequently, it remanded the case back to the trial court to resentence the Hammonds under the mandatory minimum built into the law.
The remand for resentencing was well within the confines of existing law. If the government believes the presiding judge got the law regarding the sentencing wrong, it is within the government's right to make an appeal, much in the same way a criminal defendant may do so if he believes the judge erred on a matter of law. Appellate courts do have the jurisdiction to instruct the district courts they review to fix what they conclude are legal errors. Otherwise, there would be no system to vindicate constitutional and legal rights after the original decision was made.
All that said, I can see why local ranchers would be upset with the overly broad law, the government's reliance on it in this particular context, and the resulting outcome. I leave it to others to discuss the moral and legal consequences of the militia's takeover of the wildlife refuge that is the response to these events.