White Militiamen Are Trying to Provoke a War with the Federal Government Again

[elmcitymaven 9,711]

Bear in mind that "malicious" is a term of art -- it means something more in the way of "this person intended to do this" as opposed to recklessly or unintentionally.

Proofreading is your friend and mine, apparently!

[Ban Hammer 12,836]

Proofreading is your friend and mine, apparently!

put down the wine bottle, it's not new year's yet!

[The Nature Boy 7,659]

Sometimes the correct statute under which a person is charged has a name which doesn't necessarily fit with what one might think fits the violation. Here, that statute is the Antiterrorism and Effective Death Penalty Act of 1996 (AEDPA). Nevertheless, if the accused has committed the actus reus of the crime and has the requisite mens rea, the statute is probably applicable. Here, the Hammonds were charged under 18 U.S.C. § 844(f)(1), which states:

Bear in mind that "malicious" is a term of art -- it means something more in the way of "this person intended to do this" as opposed to recklessly or intentionally. So we know the Hammonds intended to set the fire -- here's your mens rea. Was the land damaged or destroyed? Yes -- this element of the actus reus is fulfilled. Was the means of damage or destruction by fire or explosive? Yes -- another element. Was a building, vehicle or person or real property affected? Check -- real property. Was that real property in whole or in part owned, possessed by, or leased to the US or any department or agency, etc.? Yes -- last element. Mens rea + actus reus = violation of the statute.

A better question to ask is why arson on federal land is necessarily terrorism, when arson on private or state land is "mere" arson under this Act as read plainly. While one can see that blowing up or setting fire to a federal building could be terrorism, it isn't always the case. Sometimes it's just plain old arson. The Act is overbroad and its restrictions on habeas corpus are terrible in general. I am actually sympathetic to the Hammonds and the trial court judge's belief that sentencing under the Act at the mandatory minimum might be a violation of the Eighth Amendment. However, these militia jerkwads are a joke, and aren't focused on what the real issue is, and it's not in Article I.

I got caught driving with an expired license. About 1 month after expired. When I called the clerk told me, the solicitor had the case, because it was a serious offense. When I called the solicitor he laughed. He said that does not mean what it means. He dismissed the case, when I told him I had renewed. To your point about label of charges.

[TBoneTX 43,058]

actus reus

mens rea

Gesundheit, I hope that you recover, and Tantumodo in regionalibus colloquiis aliter atque Anglice loquimini -- reported!!!

english only pls. some of us are stupid.

"Tantumodo in regionalibus colloquiis aliter atque Anglice loquimini" is what I said, see ma'am.

Mens rea = your thinkity thoughts at the time of the crime

Actus reus = the stuff you did

Including English translation with furrin lingo! Unreported!!!

1. i swear

2. i took latin in hs

1. No swearing on VJ.

2. Hic haec hoc. Martinis, martini. Hic (sic).

[Ban Hammer 12,836]

I got caught driving with an expired license. About 1 month after expired. When I called the clerk told me, the solicitor had the case, because it was a serious offense. When I called the solicitor he laughed. He said that does not mean what it means. He dismissed the case, when I told him I had renewed. To your point about label of charges.

that's just your white privilege showing....

Edited January 1, 2016 by charles!

[The Nature Boy 7,659]

that's just your white privilege showing....

I know right. When I called him, he said that I sounded white. I told him, yes sir.

Then I got an apology and goofy laugh as he ripped up the ticket.

[ready4ONE 5,400]

Snoozer 'peaceful nut job' protest has taken a turn with elements of the march taking over and occupying a Federal building. The Malheur National Wildlife Refuge, some 300 miles southeast of Portland.

Good American Patriots are so much fun!

[lostinblue 1,989]

Snoozer 'peaceful nut job' protest has taken a turn with elements of the march taking over and occupying a Federal building. The Malheur National Wildlife Refuge, some 300 miles southeast of Portland.

Good American Patriots are so much fun!

It never bothered you when the black lies matter crowd did it .

Black Lives Matter protesters evicted from Fourth Precinct occupation

Black Lives Matter protesters spent 18 days occupying the area around the Fourth Police Precinct, using their presence to make demands related to the fatal police shooting of Jamar Clark. That all came to a close early this morning, as police moved in and shut down the encampments that had lined the street. Dozens of protesters braving the cold were on the scene at the time.

http://www.citypages.com/news/black-lives-matter-protesters-evicted-from-fourth-precinct-occupation-7876323

The folks at the wild life refuge are miles from anyone. The place is shut down in the winter to boot

[smilesammich 10,727]

lol, exactly the same thing. good comparison.

[The Nature Boy 7,659]

It never bothered you when the black lies matter crowd did it .

Black Lives Matter protesters evicted from Fourth Precinct occupation

Black Lives Matter protesters spent 18 days occupying the area around the Fourth Police Precinct, using their presence to make demands related to the fatal police shooting of Jamar Clark. That all came to a close early this morning, as police moved in and shut down the encampments that had lined the street. Dozens of protesters braving the cold were on the scene at the time.

http://www.citypages.com/news/black-lives-matter-protesters-evicted-from-fourth-precinct-occupation-7876323

The folks at the wild life refuge are miles from anyone. The place is shut down in the winter to boot

Cowboy lives matter. I don't remember the muddy ditch getting this worked up when hoodlums looted in Missouri or outraged over all the inner city kids that die every day by the scores .

Isis terrorist are to be welcomed, cowboys not so much

[lostinblue 1,989]

https://www.superstation95.com/index.php/world/723

A good write up of the whole story .. Too long to post...... Government over reach

[ready4ONE 5,400]

It never bothered you when the black lies matter crowd did it .

Black Lives Matter protesters evicted from Fourth Precinct occupation

Black Lives Matter protesters spent 18 days occupying the area around the Fourth Police Precinct, using their presence to make demands related to the fatal police shooting of Jamar Clark. That all came to a close early this morning, as police moved in and shut down the encampments that had lined the street. Dozens of protesters braving the cold were on the scene at the time.

http://www.citypages.com/news/black-lives-matter-protesters-evicted-from-fourth-precinct-occupation-7876323

The folks at the wild life refuge are miles from anyone. The place is shut down in the winter to boot

I think you're confused, I have been critical of the Black Lives Matter tactics and several of the issues that they elected to protest over. Oddly enough my opinions on various topics vary based on actual individualized facts, thus you very often misrepresent and mis-state my point of view and try to broad brush me with silly comments such as the above.

We have a local community of people who very much feel that the government has no authority over them and in my contacts they never fail to amaze me with their bizarro outlook.

In the immediate case per the OP the militia types that broke off and are now occupying a Federal building are looking for armed confrontation. I call them morons.

[Expat1 971]

It never bothered you when the black lies matter crowd did it .

Black Lives Matter protesters evicted from Fourth Precinct occupation

Black Lives Matter protesters spent 18 days occupying the area around the Fourth Police Precinct, using their presence to make demands related to the fatal police shooting of Jamar Clark. That all came to a close early this morning, as police moved in and shut down the encampments that had lined the street. Dozens of protesters braving the cold were on the scene at the time.

http://www.citypages.com/news/black-lives-matter-protesters-evicted-from-fourth-precinct-occupation-7876323

The folks at the wild life refuge are miles from anyone. The place is shut down in the winter to boot

Word

[lostinblue 1,989]

[smilesammich 10,727]

ah i love it. vindication. no such thing as white privilege...but of course. keep on making excuses for our beloved patriots!