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In reply to the discussion: Ammon Bundy to challenge authority of feds to prosecute Oregon standoff defendants [View all]jberryhill
(62,444 posts)25. it's breaking the law in the belief one is serving a higher purpose
"Yes they are entitled to a defense but it has to be did they break the law or not"
Well that's just nonsense, in terms of how our legal system is structured.
Are you saying that Lawrence v. Texas should have been decided on "did they break the law or not"?
You have the right to challenge the basis of the law, even if you are stupid, and even if there is slim (to put it mildly) chance of success.
You can challenge the basis of a law if you have a "good faith" basis. "Did they break the law or not" has never been, nor should it be, the standard by which cases are judged.
I don't doubt the sincerity of their belief, and they have a right to have an attorney argue what they sincerely believe. That doesn't only apply to people who are correct. It also applies to people who are very, very misguided.
Was the Wounded Knee situation "an armed occupation of federal land"? https://en.wikipedia.org/wiki/Wounded_Knee_incident
Distinguish these two things, without reference to the substance of the beliefs and grievances of the occupiers.
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Ammon Bundy to challenge authority of feds to prosecute Oregon standoff defendants [View all]
yellowcanine
Apr 2016
OP
Looks like a small local firm going the crowdfunded route. The feds will eat their lunch.
Scurrilous
Apr 2016
#5
I am familiar with the lawyers and the law firm. Their ethics and mine don't coincide.
Shrike47
Apr 2016
#11
The origninalists and constitionalists want to basically turn the clock back to the time
Monk06
Apr 2016
#12
There is a difference between civil disobedience and armed occupation of federal land.
yellowcanine
Apr 2016
#22
Yes, the argument will be rejected, but they certainly have standing to raise it.
Jim Lane
Apr 2016
#33
Denying the legal authority of the Federal government is their only defense.
bluedigger
Apr 2016
#24
These people don't believe in America or government. Too bad they didn't get the hell out.
onecaliberal
Apr 2016
#26
Meh. It doesn't matter what legal manuevers he makes. Everything is over documented, a lot by his
Katashi_itto
Apr 2016
#32