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During the Malheur Occupation in 2016, Oregon Governor Brown demanded that the Federal Government do something promptly regarding the peaceful, albeit armed, Malheur National Wildlife Refuge protest-occupiers. Meanwhile, in 2020, she appears happy to let the Federal Courthouse burn and Federal law enforcement be attacked. https://miningawareness.wordpress.com/2020/07/31/texas-man-charged-with-assaulting-deputy-u-s-marshal-with-hammer-during-weekend-protests-in-portland/

Governor Brown falsely and wrecklessly pretends that Federal law enforcement should not protect the Federal Courthouse without her approval, and at Malheur they argued that Federal lands should belong to the State. She now calls Federal law enforcement “occupiers”. She and the Malheur protestors are making wrecklessly dangerous CSA style States rights arguments, effectively dissolving the Union, i.e. the United States.

Is there a reason that she wants the Federal Courthouse burned and Federal law enforcement attacked-gone?

Funny thing in a lawsuit related to the Malheur Occupation of 2016 Ellen F. Rosenblum Attorney General State of Oregon made a contradictory argument: “Those comments, contrary to Mr. Bundy’s claim, show no intent, no action that was “management” of federal law enforcement, over whom the Governor has no authority.

Oregon militia shooting: FBI releases LaVoy Finicum shooting videohttps://youtu.be/rUvnsexqtCY

Why does the Governor think this Texan, Jacob Michael Gaines, who attacked Federal Officers is ok and peaceful?

And yet she wanted this guy gone? Lavoy Finicum was killed, apparently by Oregon State Police.

LaVoy Finicum pictured at the Malheur National Wildlife Refuge in January 2016” CC-BY Blaine Cooper https://en.wikipedia.org/wiki/LaVoy_Finicum

If the Federal government doesn’t want Malheur National Wildlife Refuge, it should be returned to Native Americans and not Oregon. We don’t agree with these occupiers. However, they peacefully occupied a rural outpost for around 24 days and violent protesters have besieged Portland and the Federal Courthouse for 2 months. The hypocrisy of Oregon’s Governor is appalling and dangerous. Soldiers accounting for 2% of the entire population died during the fight to preserve the Union. Now Governor Brown, like the Malheur occupiers and the Portland protestors, seeks to undermine it.

Oregon Militia Standoff | 1 Dead, 1 Wounded

Link: https://youtu.be/-bDwBm95Hec

In a related case:
In this case, Plaintiffs contend that Governor Brown was the “proximate cause” of the allegedly excessive use of force because she disseminated information about Finicum in an effort to “control the narrative,”; ignored advice about how to “handle the refuge protests”; and authorized the January 26 police operation and the OSP participation in the operation.https://assets.documentcloud.org/documents/7008305/FINICUMFINIDNGSJUDGEJULY24.pdf

Contrary to news reports, while the Magistrate Judge recommended that charges not move forward against Kate Brown, a Federal Judge may still rule otherwise. Meanwhile the Magistrate Judge ruled that charges against the Oregon State Police move forward. Now Kate Brown wants the Oregon State Police to Guard the Federal Courthouse. Is the Judge in that Courthouse? Is evidence? https://assets.documentcloud.org/documents/7008305/FINICUMFINIDNGSJUDGEJULY24.pdf

ELLEN F. ROSENBLUM Attorney General State of Oregon:
“I. Legal Standard/Knowledge Relevant to the Defense Mr. Bundy asserts, without foundation, that Governor Brown was “actively managing the law enforcement response to the occupation *.” Response at 1. He provides no affidavit, no declaration, and no documentary evidence. His entire support for that conclusion is to quote from a single Oregon Public Broadcasting news article summarizing the Governor’s comments.

Those comments, contrary to Mr. Bundy’s claim, show no intent, no action that was “management” of federal law enforcement, over whom the Governor has no authority.

It demonstrates only her concern — shared doubtless by an overwhelming majority of Oregonians— that the occupation should come to a close, and her further intent to seek reimbursement for costs on behalf of the State. All this article relates is the Governor’s expression of opinion.

There is no evidence upon which to base a conclusion that the Governor controlled the federal forces. There is no required showing of “extraordinary circumstances.” United States v. Morgan, 313 U.S. 409 (1941).

Mr. Bundy, moreover, is silent as to any efforts to obtain the purported information from lesser sources. This is because he made no such efforts. That failure, independently, is sufficient to quash the subpoena. Buono v. City of Newark, 249 F.R.D. 469, 471 n.2 (D.N.J. 2008); In reU.S. (Holder), 197 F.3d 310, 314 (8th Cir. 1999); Bogan v. City of Boston, 489 F.3d 417, 423 (1stCir. 2007). Case 3:16-cr-00051-BR Document 1100 Filed 08/23/16https://www.justice.gov/usao-or/file/889811/download

Link to complaint naming Brown, Senator Wyden, etc. https://www.courthousenews.com/wp-content/uploads/2018/01/Finicum-US-COMPLAINT.pdf

Kate Brown letter to Obama 2016

link: https://www.opb.org/pdf/1.20.16_obama_krt4jx_1526590723990.pdf

II. Plaintiffs’ Excessive Force Claim Against Governor Brown

The State Defendants move to dismiss Plaintiffs’ Fourth Amendment excessive force claim as to Governor Brown. There is no allegation that Governor Brown was present during the stop or the encounter at the roadblock or that she directly participated in the use of force against Finicum. The State Defendants contend that Governor Brown was not an integral participant in the use of force and so cannot be held liable under § 1983.

Plaintiffs contend that Governor Brown was involved in the planning of the roadblock and that all an excessive force plaintiff is required to show is that the defendants “conduct caused some harm to plaintiff.” Pl. Resp. at 22. In support of this contention, Plaintiffs rely on Kingsley v. Hendrickson, 576 U.S. 389, 135 S. Ct. 2466, 2471 (2015). In Kingsley, the Supreme Court’s decision was focused on whether a use of force was “excessive” should be judged according to a subjective or objective standard. Id. at 2472. The case is entirely inapposite to the question before this Court..“. https://assets.documentcloud.org/documents/7008305/FINICUMFINIDNGSJUDGEJULY24.pdf

Number of dead US Civil War soldiers.
The South wanted States Rights to preserve slavery but Lincoln wanted to preserve the Union and prevent the spread of slavery to new US States. This means that Congress could have abolished slavery in the near term, as new states could outnumber slave states. There was a military draft on both sides.