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Letter to BLM: Stop the Criminal Conspiracy

Posted by on April 29, 2014

Letter to BLM: Stop the Criminal Conspiracy

The important letter below was sent to listed parties of the BLM by a wild horse & burro advocate:

April 8, 2014

Joan Guilfoyle, Division Chief BLM Division of Wild Horses and Burros jguilfoy@blm.gov

Juan Palma, Utah State Director, BLM   jpalma@blm.gov

 Jenna Whitlock, Utah Associate State Director, BLM   jwhitloc@blm.gov

Todd Christensen, Color Country Utah District Manager BLM utccmail@blm.gov

Salvatore R. Lauro Director, Office of Law Enforcement and Security BLM SLauro@blm.gov

BLM Utah State Office utsomail@blm.gov

Re: Threats to Capture Wild Horses in Utah in Violation to Federal Law

Dear Sirs/Madams:

Please stop this conspiracy to commit any illegal activity on public land before it goes any further.  The American people own the public lands and resources in the West and they are supposed to be administered and protected on our behalf by the national government under laws and regulations.  These are not “federal lands.”  They are public lands.  They never belonged to any state, county, individual, private or corporate entity.  The land and the resources and the animals belong to the citizens of the United States.

The current threats by the Iron County Commissioners et al are apparently being made in response to BLM’s request to remove or reduce the privately owned domestic livestock that have, in the past, been permitted to graze on public land.  Removal or reduction of domestic livestock which provides financial gain for any private or corporate owned institution must be activated in favor of protecting the land and the wildlife and wild horses and wild burros and their habitat that belong to the American people.  As a matter of fact, by law the BLM can and should close appropriate areas of public lands to grazing use by all domestic livestock, if necessary, to provide habitat for wild horses or burros; to implement herd management actions; or to protect wild horses or burros from disease, harassment, or injury. 43 C.F.R. § 4710.5. It is the law.

Per the 1971 Congressional Wild Horse and Burro Act, the land is to be devoted PRINCIPALLY although not exclusively to the wild horses and wild burros’ welfare in keeping with the multiple-use management concept of public lands.   Definition of “principally”: First, highest, foremost in importance, rank, worth or degree, chief, mainly, largely, chiefly, especially, particularly, mostly, primarily, above all, predominantly, in the main, for the most part, first and foremost.  Wild horses and burros are legally DESIGNATED on the Herd Management Area(HMA) and livestock are only PERMITTED. Definition of the word “designated” is to “set aside for” or “assign” or “authorize”.  Definition of “permit” is to “allow” or “let” or “tolerate”.  The HMA and HA lands and resources are set aside for, and assigned and authorized for, the use of wild horses and burros whereas the livestock is only allowed and tolerated and let to use the public range resources.  While commercial livestock grazing is permitted on public lands, it is not a requirement under the agency’s multiple use mandate as outlined in the Federal Land Policy and Management Act of 1976 (FLPMA).  Indeed, public land grazing clearly is a privilege not a right, while the BLM is mandated by law to protect wild horses and burros.

It appears from recent news reports that BLM is cowering to the conspirators that have stated they intend to break the federal law.  These Utah ranchers and the Iron County Commission are threatening to break a federal law and their threat alone is a conspiracy against the citizens of the United States of America.  Will BLM cower to these people and allow them to bully the American people and the government of the United States?  If they do, then all participating members of BLM are equally guilty as accessories to the conspiracy.

A criminal conspiracy exists when two or more people agree to commit an unlawful act, and then take some action toward its completion.  The action taken need not itself be a crime, but it must indicate that those involved in the conspiracy knew of the plan and intended to break the law. All collaborators involved and showing intent to break the law can be charged with conspiracy to commit the crime, regardless of whether the crime itself is actually attempted or completed.

An accessory to conspiracy must generally have knowledge that a crime is being, or will be committed.  A person with such knowledge may become an accessory by helping or encouraging the criminal in some way, or simply by failing to report the crime to proper authority.  If BLM law enforcement can’t stop the Utah ranchers and County Commissioners from committing crimes that they have publically announced they will carry out, then it is BLM’s legal duty to report those crimes to the proper authority that is capable of stopping the crime against the American people.  If they don’t … then they are clearly accessories to the crimes.

It has not evaded my notice that BLM is not threatening these ranchers with arrest by Federal Marshalls.   I now demand that armed Federal Marshalls be posted at the boundaries of the wild horse HMAs with orders to use force to protect the wild horses.  If this action is not taken, charges will be filed with the Inspector General and articles will be filed with the BLM Office of Hearings and Appeals.   As employees of the United States Government were you not sworn to protect the rights of the citizens of the United States?

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