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jberryhill

(62,444 posts)
25. it's breaking the law in the belief one is serving a higher purpose
Tue Apr 26, 2016, 11:38 AM
Apr 2016

"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.

Recommendations

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At some point shouldn't we be able to send him the bill? Hortensis Apr 2016 #1
At the point where we get rid of the 5th and 6th Amendments jberryhill Apr 2016 #7
I'm all for pursuing justice, damn the costs, but at some point Hortensis Apr 2016 #8
There's nothing frivolous about preliminary motions to dismiss jberryhill Apr 2016 #9
I'll accept that you are right, Jberryhill, because Hortensis Apr 2016 #13
He'll get what's coming to him jberryhill Apr 2016 #16
The lawyer is either pro bono Gman Apr 2016 #2
Looks like a small local firm going the crowdfunded route. The feds will eat their lunch. Scurrilous Apr 2016 #5
Yep Gman Apr 2016 #15
Good luck with that, Ammon. NOT!!! longship Apr 2016 #3
Ammon's on a roll.... dixiegrrrrl Apr 2016 #4
truly a rofl situation 0rganism Apr 2016 #6
It never has worked before Major Nikon Apr 2016 #17
You could say that about a lot of cases jberryhill Apr 2016 #18
... Major Nikon Apr 2016 #43
Judge Brown isn't going to brook that nonsense gratuitous Apr 2016 #10
I wonder where they got 2naSalit Apr 2016 #29
If I had to guess gratuitous Apr 2016 #36
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
He is ruined. lpbk2713 Apr 2016 #14
Your point about desperation is what some comments in this thread overlook. Jim Lane Apr 2016 #19
People on DU don't believe in basic civil rights jberryhill Apr 2016 #20
There is a difference between civil disobedience and armed occupation of federal land. yellowcanine Apr 2016 #22
it's breaking the law in the belief one is serving a higher purpose jberryhill Apr 2016 #25
Really can't compare Bundy claims to Native American claims. yellowcanine Apr 2016 #28
I'm not comparing the claims jberryhill Apr 2016 #31
Nothing wrong with preliminary motions. Of course not. yellowcanine Apr 2016 #35
"the Bundys want the court to revisit settled law" jberryhill Apr 2016 #37
Yes, the argument will be rejected, but they certainly have standing to raise it. Jim Lane Apr 2016 #33
They do not have standing to claim ownership on behalf of local ranchers. yellowcanine Apr 2016 #34
That's not their claim jberryhill Apr 2016 #38
The other advantage here jberryhill Apr 2016 #40
Note - Not saying "preemptive dismissal" yellowcanine Apr 2016 #44
The lawyers' responsibility isn't clear. Jim Lane Apr 2016 #45
every motion the yayhoos file, is another day they're in stir. KG Apr 2016 #21
Your delusions will be soon be shattered assclown jpak Apr 2016 #23
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
Certainly an overt display 2naSalit Apr 2016 #30
The Bundys are idiots Gothmog Apr 2016 #27
Meh. It doesn't matter what legal manuevers he makes. Everything is over documented, a lot by his Katashi_itto Apr 2016 #32
"like a stream-roller going at one mile an hour" jberryhill Apr 2016 #39
Yep, they are there for the duration. Katashi_itto Apr 2016 #41
Federal property owned by all of us citizens and bundy thinks jwirr Apr 2016 #42
Jurisdiction is not an matter of evidence it is a matter for the Supreme Court which has Monk06 Apr 2016 #46
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