Movement threatens more standoffs with feds over public lands


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PORTLAND, Ore. — Outside the federal courthouse in Portland, Oregon, a protestor on a horse carries an upside down flag, a woman yells into a bullhorn "stop telling lies" and defendant Jason Patrick asks, "Do you believe the Constitution of the United States is law?"

Penned 229 years ago, the U.S. Constitution is playing into a modern-day battle for the West and protestors like Patrick are part of a growing movement that believes the federal government is overstepping its constitutional authority.

What's disturbing to many observers is that this movement seems willing to shoot it out over federal court orders, prison sentences, laws, grazing fees and land ownership.

In April 2014, Patrick, who is from Georgia, drove through the night to be at the Bundy Ranch in Nevada when armed protestors blocked the Bureau of Land Management from serving a federal court order to round up Cliven Bundy's cattle. The rancher was ordered to turn over his herd for failure to pay grazing fees on public lands for 20 years.

Patrick faces trial next year in Oregon where he's been charged with conspiracy in connection with the armed occupation of the Malheur Wildlife Refuge, a federally managed facility. On this day, he was at court to support fellow occupiers who were facing a jury.

On Thursday, that jury acquitted Utah resident Shawna Cox and six others, including Ryan and Ammon Bundy, of all charges stemming from the Oregon conflict.

The protestors believe the verdict validates their theory.

"The federal government can't own land according to the Constitution," Cox said.

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The movement doesn't require a formal membership, it's a mentality. Numerous groups including militia, anti-government, sovereign citizens, and individual citizens subscribe to the same theory — that under Article 1, Section 8, Clause 17 of the U.S. Constitution it's illegal for the federal government to own public land. And they're trying to prove their theory, with guns if necessary.

Brand Thornton has been involved with the militia movement since the 1990s and says he's currently an honorary member of six militias.

"Do you enjoy armed confrontations?" KSL's Debbie Dujanovic asked him during a recent interview.

"I do now," Thorton said.

Two years ago he was at Bundy Ranch and during his testimony at the Oregon trial, he told the jurors he was one of the first people to occupy the refuge.

He hasn't been arrested and doesn't worry he will be. In fact, with many protestors still waging legal battles, Thornton is looked to as someone who can rally the movement.

Brand Thornton and KSL's Debbie Dujanovic. Photo: KSL TV
Brand Thornton and KSL's Debbie Dujanovic. Photo: KSL TV

He posts long rants about the government online and demands that the BLM, the FBI and other federal agencies get out of Utah.

"You've got a chance to leave. Leave, before we make you leave," he wrote.

While some may see the armed occupation at the refuge as violent or hostile, Thornton insists it was nothing more than a peaceful protest to dispute the prison sentences of two ranchers.

When Dujanovic reminded him there were armed men guarding the front entrance of the refuge Thorton said, "Yes, but it was really hard to see those guns."

"Recipe for anarchy"

University of Utah law professor and former federal judge Paul Cassell says this mentality is "A recipe for anarchy."

"Our country is premised on the idea that there is rule of law," Cassell said.

He says the movement's theory about the Constitution is, "a flat out loser under current Supreme Court precedent."

University of Utah law professor and former federal judge Paul Cassell says this mentality is "A recipe for anarchy." Photo: KSL TV
University of Utah law professor and former federal judge Paul Cassell says this mentality is "A recipe for anarchy." Photo: KSL TV

Here's why: Article 1, Section 8, Clause 17 limits what the federal government can own to forts, arsenals and other needful buildings, but the property clause gives congress authority to govern federal lands.

Members of the movement seem to disregard the property clause altogether.

But these protestors don't put stock in legal opinions or court precedents, either. And they feel empowered by more than their court victory in Oregon.

They're thrilled with a proposal by Utah Congressman Jason Chaffetz to eliminate the BLM's law enforcement unit and turn policing of public lands over to the county sheriffs.

"Hallelujah," said Thornton.

Now he hopes the state of Utah approves a petition he helped create to fund a 2,000-person militia to mobilize against any federal action the militia would deem unconstitutional.

"Would you bring your guns," Dujanovic asked. "Oh, absolutely, absolutely."

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