Oh goody, it looks like the defense team for malodorous wildlife refuge terrorist Ammon Bundy is taking its cues from the squirrelly legal theories of the defendant, which should make the coming trial no end of laughs, especially when the contempt citations start flying like penalty flags at an Oakland Raiders game. Bundy’s attorney, Lissa Casey, filed a motion Friday arguing that the federal government has no authority to try Bundy for any of the “crimes” he’s charged with in taking over the Malheur Federal Wildlife Refuge, since the federal government has no constitutional authority to own land in the first place. It’s a very special kind of stupid that is much beloved of the Bunditarians, as Yr Wonkette pointed out in our very first post about the Malheur takeover.
In an incredibly stupid online manifesto posted a month before the occupation of the Malheur Refuge, the Bundys argued that the federal government can only own land when it is a territory, but not after the land becomes a state, because of sovereign citizen word magic, even though the portion of the Constitution they cite, Article IV Sec. 3, actually says “The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States” [emphasis added]. You might think that last clause might matter, but it’s probably not relevant, since the word “territory” comes first, no tagbacks.
The Oregonian summarizes the defense motion’s logic, such as it is:
The U.S. Constitution granted “very limited powers” to the federal government, and that once Oregon became a state, the federal government lost a right to own land inside the state’s borders […]
Similar arguments have been made by other defendants in federal court in the past, without much success. Most recently, a Bundy co-defendant Kenneth Medenbach attempted to make that same argument in U.S. District Court in Eugene, but federal Judge Michael J. McShane dismissed it as lacking merit.
Read more at http://wonkette.com/601091/ammon-bundys-legal-defense-exactly-as-sane-as-every-other-bundy-legal-theory#bVlLm4wmmHPxI9JO.99