Why the #Oregonstandoff at Malheur Matters

Why the #Oregonstandoff at Malheur Matters 

In January of this year, several armed individuals occupied the Malheur National Wildlife Refuge in an occupation that lasted for weeks, and which, unfortunately, resulted in the death of one of their leaders who resisted at a roadblock.  This event epitomizes a cascade of ideas and activities that are important for us as a society to consider as we get ready to learn of the fate of the 7 defendants (many others have already pled guilty and others await later trials).

Public Lands Stewardship

First let’s look at Harney County, Oregon, one of the largest (in terms of area) and least-populous counties in the United States.  Most of the county is in public hands, owned and managed by the US Bureau of Land Management, US Forest Service, or US Fish and Wildlife Service.  Recent history since the Sagebrush Rebellion has improved government relations with local property owners and ranchers, and the public-private partnerships were beginning to take shape.  The largest Ponderosa Pine forest in the nation, and an important resting and foraging area in the Malheur NWF were undergoing important restoration with a definite eye towards public engagement in government programs.  Then in early January, it all came crashing down when the Bundy family and their acolytes decided to take over the wildlife refuge headquarters. 

The Bundy family of course drew national attention two years previously when they staved off federal seizure of cattle illegally grazing on public lands near Bunkerville, Nevada.  We all learned a lot about Cliven Bundy, the family elder, and his views and beliefs, and the BLM surely backed down to avoid further trouble.  His sons, Ammon and Ryan, were part of the January/February takeover of Malheur NWF.  Their dispute over federal grazing rules and fees has resurrected the Sagebrush Rebellion among many conservative supporters across the west, even resulting in Utah legislation that calls for a return to state or private control of federal lands. 

The trial is nearly over in Portland for the first 7 defendants of the occupation; many have already pled guilty, and many are also being charged in Nevada now that they are in Federal custody.  Their claims of adverse possession have been dismissed and the criminal case does not seem to be going to well as far as improper title to the land by the US government, and the idea that they are not legal owners of the land.  However it is a complex case and the defense attorneys are providing a spirited defense for their clients.

Threats to Government Employees

It is illegal for private citizens to carry firearms into federal facilities (18 US Code § 930a).  They did it and they should be held accountable for that, but the government has linked the presence of firearms to a conspiracy charge to elevate the penalty (I suppose).  Further, they provided credible threats during, prior and after the occupation to its employees, based on testimony reported by the media.  Many federal employees in Harney County (as many as 25% in one media report) have requested transfers out of the region. 

Damage to and Theft of Government Property

Government computers were used and office employees’ desks were searched and materials read.  Native American artifacts may have been damaged or misplaced.  Roads were built using government vehicles, and government cameras stolen and vehicles used improperly (and presumably fuel to run them). 

Suspension of Important Restoration Work

The invasive carp that have been populating several areas of the refuge were destroying habitat by removing vegetation and creating tremendous amounts of suspended sediment in the lakes and ponds on the refuge, providing for a much less desirable habitat for migratory birds (protected) using the Pacific flyway.  Restoration efforts had begun to further isolate the carp by refuge biologists in a further attempt at eradication, efforts which normally take place in the winter/early spring.  Those efforts were stalled completely and many restoration efforts have not yet resumed.  The ecology of the region was undergoing recovery and this event is no less damaging than a wildfire or drought or flood – an event which may take an instant in time to do damage, but takes years or decades to recover from. 

Renewal of Hostile Engagements

While the people of Harney County had by all reports largely put many past disagreements about land stewardship behind them, which is not the case across much of the west.  But Harney County was being held up as a model of community engagement.  I got to witness this first-hand at the Conservation Partnership meetings in Eugene last year.  But the events of January and February have reopened old wounds and made it more difficult to have the frank discussions upon which successful community engagement depends. 

A Public Press?

At least one participant claims that he was just a reporter at the event and did not conspire to commit any crimes, or participate in any way.  What is a journalist, these days, anyway?  Is anyone with a blog or twitter handle actually allowed to claim “freedom of the press” these days?  I’m just sayin’.

And the Mainstream Press was Largely Silent, …

… except for a few media outlets which have stuck with the story relentlessly.  High Country News provides great perspective in its series of articles on the return of the Sagebrush Rebellion.  Amanda Peacher (@amandapeacher) of Oregon Public Broadcasting and Les Zaitz (@LesZaitz), recently retired from The Oregonian|Oregon Live, also have provided tremendous reporting aided by many others in their organizations.  Conrad Wilson (@conradjwilson), Amanda, John Sepulvado (@JohnLGC, now at KQED) and their team have put together an incredible audio series called This Land is Our Land and every episode is worth a listen.  We need to pay attention to the summations of the prosecution and defense teams just completed, and of the trial verdicts, which will come at any time.  A great sense of the trail itself is provided by following Maxine Bernstein’s (@maxoregonian) reporting for the @Oregonian.  It could impact this movement across the west, and is worthy of our attention. 

Domestic Terrorism?

Many of the individuals involved in this and other similar protests base their views on strict interpretation of Mormon/Christian belief systems that are not considered mainstream.  They can be dangerous, and are often supported by people who belong to the Constitutional Sheriffs and Police Officers Association and many groups who are characterized as hate groups by the Southern Poverty Law Center.  They grab power and influence where they can, and their supporters who hold public office are numerous, including county commissioners, sheriffs, state representatives and senators.  Even some candidates for higher public office have been known to support their views without qualification.  Let’s be careful – many of these groups are heavily armed and have demonstrated their willingness to threaten violence against individuals or agencies. 

Civil Liberties

Benjamin Franklin once wrote “those who would give up essential liberty to purchase a little temporary safety deserve neither liberty nor safety”.  He wrote this as a representative of the Pennsylvania Assembly, not as a civil libertarian (that came later!).  But the sentiment is there to facilitate those who espouse one or the other to strike a balance, let’s say. 

Bunkerville

When the government was able to “capture” Cliven Bundy as a result of the situation in Harney County, it also set it motion, finally, the legal resolution for the case in Bunkerville, and those trials will be ongoing through 2017.  This isn’t over yet, by a long shot.  But we ought to be careful whenever we hear talk about private citizens raising angry and hostile objections to “government overreach” on land stewardship.  It’s happening a lot out here in the west.  With a tension-filled election situation about to get resolved (one hopes), let’s hope a tinder-box is not set to go off. 

Paul Ruscher

Eugene OR 10/20/16