Author: Photographer — Journalist

“Newsgathering is protected by the First Amendment, and that applies even if the gatherer is an advocacy organization. Any attempt to keep people from exercising their freedom of speech or press by preventing them from collecting information is going to be constitutionally suspect. It’s particularly troubling in cases where the government is trying to use its power to prevent the public from documenting what many believe to be cruel treatment of animals.”

The problem starts when our government takes an Elitists position, and assumes everything they say is correct, and the common folks are idiots, and actually require their administrative and management capabilities.  Is takes little to observe their mismanaged budgets, their carefree spending, and their overwhelming lack of interest in our laws they assume are not for them, but for all of us.  Above and beyond everything else, this must cease before the United States can move forward out of its economic and ethical turmoil.

Our government has got to start realizing that the legal system is just not for use by favored corporations and government agencies to hide their illegal activities; Or for them to use for lawsuits and other legal actions providing them intimidation or coercive tools.  Our legal system is for the protection of the public from such abuse.

The reality is we are governed by laws in the United States, and we are a nation that demands those laws to be upheld for everyone.  Many of my military brothers-in-arms have died for this exact situation!  It is those same laws that apply not only to the common folks, but government employees as well.

Too often we are confronted by government employees in remote areas that turn into good-ol-boy networks, which ignore the laws.  They make-up their own laws favorable to themselves; in this case networking within their good-ol-boy network, to abuse those laws, and people outside their group, that protect the public from government employees who step into the realm of illegal behavior.

FAA   PART 91—GENERAL OPERATING AND FLIGHT RULES

“. . . As I got to the top of the hill which is flatish for about 80 feet I could see only the blades of the helicopter hovering right over where I knew my car was parked. The helicopter was very low maybe twenty to thirty feet above my car. I walked to about the middle of the top of the hill and the helicopter lifted, the pilot saw me and flew over the top of me hovering and circling about twenty to thirty feet above me. . .” states Leslie.

This lone woman on an isolated dirt road and on public land was near a horse holding site for a wild horse herd roundup and gathering inNevada.  She continues, “. . . He was so close that I could see his face and he appeared very angry and continued to aggressively circle me and hover over me.”

FAA   PART 91—GENERAL OPERATING AND FLIGHT RULES

§ 91.13   Careless or reckless operation

(a) Aircraft operations for the purpose of air navigation. No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another.

(b) Aircraft operations other than for the purpose of air navigation. No person may operate an aircraft, other than for the purpose of air navigation, on any part of the surface of an airport used by aircraft for air commerce (including areas used by those aircraft for receiving or discharging persons or cargo), in a careless or reckless manner so as to endanger the life or property of another.

When criminal laws are egregiously violated, the guilty parties should face appropriate punishment.  Responsibility for illegal actions are taken seriously within the law, and good-ol-boy networks are not the judge, jury, or executioner, but simply random arrogance of those who should not be in public service what so ever.  After all, it is the law and the public demand responsibility from those that break the law.

Leslie continues, “. . . I was beginning to get scared and so I walked to my car, the helicopter followed at a distance of about 60 feet. I got in my car and just started driving very slow at about 5 MPH figuring he would go away but he did not, the helicopter continued to follow me and hover over the top of my car very close, again at twenty to thirty feet. I looked out the window and again waved, like “I see you, what’s your problem, go away” feeling very unnerved because he was so aggressive and I was alone and out of cell service range. I grabbed my camera and got out momentarily and shot another couple of photos. I was thinking that I should document what he was doing, as it was the only protection I had, and hoped it would make him go away. At this point he turned and flew away toward the east.”

The photography is a very-telling situation, and the pilot then knew he was indeed, in this Journalist’s opinion, in violation of FAA’s § 91.13 Careless or reckless operation.

He still has his pilot’s license because of the good-ol-boy network that exists in Nevada.  But make no doubt this type of networking exists in many other areas as well.  By the way this private BLM contractor, Dave Cattoor, received $13,885,657 for the roundup, was responsible for several thousands of dollars for destruction of government property, the horses, due to their helicopter roundup methods.  Also there is questionable use of private land, paid by tax dollars, to manage the roundup of the wild horses “out of sight” of the public (see 9^th Federal Court Circuit Decision).  Why?

Destruction of Government Property – 18 U.S.C & 1361

Section 1361 protects “any property” of the United States or an agency or department thereof, or any property being manufactured or constructed for the United States or an agency or department thereof, from willful depredation or attempted depredation. “Depredation” has been characterized as the act of plundering, robbing, pillaging or laying waste. United States v. Jenkins, 554 F.2d 783, 786 (6th Cir. 1977); cf. Deal v. United States, 274U.S. 277, 283 (1927), et al. . . . (i.e. implied in government contracts as law).

We constantly see horrifying stories such as this: “HOUSTON, (Horseback Magazine) – Last winter when about 160 horses died in the bitter cold of aNevadadesert’s winter . . . climaxing when a foal, exhausted after being stampeded for miles over rocky ground, lost his hooves and perished.  Animal advocates will not witness such an event this year because the horses are being held in a compound on private property leased at taxpayer’s expense but closed to the public.”

By the way the 9^th District Federal Circuit Court has upheld 1^st Amendment Rights within the Constitution, that essentially states the BLM and their private contractors are in violation of the 1^st Amendment; whereas, advocates do have the right to observe these roundups and without boundaries.  This certainly places into question the use of private land, paid for by taxpayer dollars, in order to “hide” their roundup management techniques, or lack of quantifiable correct, safe, and competent management skills.  An illegal activity will not, and does not usurp an Amendment or a Law.  A contract must abide by the law, an assumption within all contracts, whether written or left out of any contract.

Gene Lathrop, horse trainer and horse ranch owner for 54 years, after viewing several videos on the Internet of horse roundups using helicopters (his view the same as many other experienced ranch owners), states, “Beyond a doubt the harm that those horses take should not be happening.  But that’s a management decision, obviously a bad and negligent decision to use helicopters at all.  The profits must be extraordinary, for people to abuse horses like that needlessly.  Those are not cowboys by the way, that would be embarrassing to the rest of us.  Those people are animal abusers and should be treated as such!  I agree with Ol’ Gus, a rope is too good for those people.”

What is particularly disturbing is that a look at the evidence already in the public domain (much less what investigators already know from the 1990’s thru 2010) shows that violations of several types continue, and especially of FAA Law, and is aggressively done at all BLM horse herd roundups.  The purpose of prosecution not only is for punishment, but acts to deter further illegal activity and to restore public confidence in our system of governance.  Our nation desperately needs both of these benefits today.  Why has there been no legal action taken yet?

BLM Illegal Activity (the tip of the ice burg only)

“The chief prosecutor and grand jury foreman in the investigation wanted to bring criminal indictments against officials of the U.S. Bureau of Land Management, but the case was closed down last summer after federal officials in Washington– including officials outside the investigation — intervened.”

She continues, “I believe that my investigation was obstructed all along by persons within the BLM because they did not want to be embarrassed,” the prosecutor, Mrs. Alia Ludlum, wrote in a memo last summer.  “I think there is a terrible problem with the program and with government agents placing themselves above the law.”

“Babbitt thought it might cause problems and he didn’t want any controversy, he didn’t want to make anybody unhappy, and so this program just festered,” Baca said.” When they wanted me to leave BLM, that was one of the reasons they gave me: `Why the hell are you raising problems about horses?”’ stated Jim Baca, BLM Director 1994.

Under federal law, the knowing when filing of a false affidavit with the court is a felony offense of perjury, punishable by a prison term of up to five years. An individual violates laws against perjury whether he or she personally appears in court and swears to a false statement or provides the court with a false affidavit.

Individual states have their own perjury laws, which have been, in this Journalists opinion, violated as well.  The above situations also suggests that individual BLM employees and private contractors may be guilty of obstruction of justice and the criminal violation of the  FEDERAL FALSE CLAIMS ACT 31 USC 3729-3733, and defined here in easier terms — False Claims Act, for the filling of falsified information in regard to illegal activity, etc…

Leslie, the woman who was bullied and essentially attacked by a helicopter pilot and his equipment, had filed her complaint, which her statement above was part of that complaint, with the FAA office in Nevada.  Apparently, other testimony redefined the situation, although the photographs contain the truth.  This Journalist has 45+ years of photography experience, and can say without a doubt her photographs were not edited or photoshoped in any way what so ever.

One of many of the greatest moral hazards that now confront our nation is what appears to be increasingly brazen criminal activity by the BLM and their private contractors as well.  With each decision not to prosecute, BLM employees and private contractors justifiably conclude that they are immune to the rules.  As a result, it appears that the BLM criminal activity is increasing in frequency and severity, as opposed to the reverse.

BLM Speak! Overall the roundup went well! — The BLM conducted an internal review of the helicopter incident and Triple B roundup, releasing its findings Dec. 7. The BLM and animal welfare experts agreed there were isolated instances of inhumane treatment, including dragging a horse into a trailer by its roped neck, hitting and kicking horses in the face, and using electric prods, but said overall the roundup went well. — This is typical of the current employee’s attitudes at the BLM.  Why?

Obvious Inhumane Behavior

It defies imagination when we look at the long obnoxious history of the BLM.  This is a government agency that wants the public to believe in “acceptable animal abuse”.  No one sees these activities as acceptable what so ever.  Yet, BLM’s continued use of helicopter roundups remain the cause of horses’ breaking legs, being run-down to exhaustion, broken necks, foals being trampled, horses’ being bumped by helicopter runners and sometimes knocked to the ground or off a cliff – and on and on and on.

Articles and eyewitness details plentiful on the Internet and magazines, and referenced by videos to document many, many occasions: One example here, “November 11, 2010 “BLM Roundup in Oregon Claims Lives of 9 Wild Horses in First Week.”

The facts, or the truth are simple; this same material is contrary to the BLM’s statements that abuse of horses does not exist.

“In July, more than 54 members of Congresses wrote to Interior Secretary Ken Salazar expressing their concerns and calling for a halt to the round ups. Department spokespersons have admitted (video available here) that they have a difficult time explaining the agency’s treatment of wild horses to the public, and as a result, the BLM has severely restricted public observation at most roundups this year.”  Here is an agency that defies our legislators, and yet, our legislators keep funding them yearly.  Why?

As a matter of fact the “Observation” debate resolved and has been overturned, due to Constitutional violation and from the 9^th Circuit Supreme Court.  No Restrictions!

The BLM’s position remains complacent and totally arrogant to the truth.  Their attitudes are similar to the Nazi’s in WWII when questioned about the Jews being incarcerated and killed, or even Charles Manson’s attitude when asked if he was guilty or not, of murder.  BLM employees hold contempt for our Constitution as well as the American public, demonstrated daily by their actions!

America Speaks

In a descent persons mind there is simply no such thing as acceptable abuse.  This Journalist and others are now speaking up against this abuse that has plagued our Wild Horse Herds for so many years.  We are all stating, undeniably, beyond any misunderstanding – Stop the Roundups – Stop the Abuse!  It is that simple.

BLM and Abuse

Why is it ignored when so many people, the American taxpaying public, speak up and against the BLM’s abusive management techniques of the Wild Horse Herds?  In response employees at the BLM continue using abusive tactics toward the American public who ask these questions.  Apparently unknown to BLM employees’, their disrespectful response simply reflects their lack of passion toward not only the wild horse herds and indeed their abusive ways, but toward the American public as well.

Tom Gory – Public Relations BLM (Feb. 2012) in response to complaints from the general public about mismanagement of Wild Horse Herds on BLM Land, stated, “. . . is a typical tactic employed by anti-BLM partisans to push their anti-management agenda by any means possible. Their apocalypse-now, sky-is-falling rhetoric is flagrantly dishonest and is clearly aimed at preventing the BLM from gathering horses from overpopulated herds on the range. The BLM is not ‘managing for extinction.’ There is no conspiracy to put down healthy. . . ”

BLM Special Agent interviews an Informant on the subject of stealing horses from the BLM Wild Horse Herd Roundups:

“Agent: Is this a pretty good organization? This sounds like something that’s pretty well planned out, it’s a big organization.

Informant: Well, its very well set up, you know. There’s nobody that participates in it that isn’t well known and don’t know what’s going on.

Agent: Do you feel like there’s people inside the BLM that know about this practice, that are a part of this practice?

Informant: Sure. We can’t operate unless they’re standing there. . .”

BLM and Illegal Activity History

Let’s explore the virtue of the “dishonest” comment by Mr. Gory of the BLM.  There are many BLM employees under investigation for misuse of taxpayer’s money.  They have used BLM Credit Cards illegally, have at least three more investigations ongoing due to similar illegal activity, and investigators are looking into several BLM offices in different states for illegal activity.

A few years ago the FBI, over a several year investigation, found misappropriations of funds and corruption in the millions of dollars, by BLM employees and private contractors.  The fact is we are discussing here fraud and theft of several millions of dollars which includes paperwork, processed by other BLM employees, that had to be signed, releases given for payment, contracts verified by many rather than just a couple of people, contracts and those involved in contracts checked-out by mandatory background checks, and payment situations checked before an actual check is issued.

Either it is common to “Not” abide by approved government process; or, there exists many co-conspirators within each BLM scheme.  Yes, a cover-up again!

Abundant Illegal Activity by BLM Employees

Then we look into the 1990’s, to the early 2000s, and discover several investigations ongoing at that time.  Government authorities were ready to serve several hundred arrest warrants, with a million+ of taxpayer dollars spent to stop the BLM employees from numerous illegal activates, which already cost the taxpayers several millions of dollars stolen. Also review the actual undercover investigation, reports, techniques: http://www.peer.org/pubs/whitepapers/1997_horses_to_slaughter.pdf , 1997.

Arrests not forthcoming!  Why?  There was someone in a high administrative office that used their authority in a questionable and certainly unethical manner, and canceled the Grand Jury session at the last minute.  One Justice Department Attorney stated there were too many employees from the BLM to arrest, and that were active in the illegal activities.  So it comes to this, the arrests were discontinued.

Unfortunate for taxpayers, since then the BLM employees took over this government agency, with no checks-n-balance system in place what so ever.

Listed here are only 10 issues, of many more, showing BLM’s documented illegal behavior:

1. BLM Management personnel have authorized the transportation of wild horses to group adopters at the expense of the government;
2. BLM management personnel have authorized the fee waiver and/or fee reduction of wild horses without delegated authority;
3. BLM management failed to inspect and prepare written reports for group adopter facilities and property prior to receiving adopted wild horses;
4. BLM personnel publicly and openly promoted the commercial us of wild horses, i.e., bucking stock and slaughter house;
5. BLM personnel in concurrence with BLM management, entered false information regarding the wild horse documents into BLM DPS-8000 data base;
6. BLM personnel through their government positions, arranged for special privileges and allowances pertaining to wild horse adoptions;
7. BLM personnel and management knowingly converted to the use of another, wild horses belonging to theUnited States;
8. BLM personnel and management did knowingly attempt to interfere with an ongoing investigation by discussing privileged information regarding the Investigation with other BLM personnel, some of whom were subjects of the Investigation;
9. Many, many more “lack of document” charges, especially in regard to the Wild Horse Herd Counts and the financial income and expenditures mandatory at each BLM facility, were not completed, lost, or unavailable for confirmation – in order to appropriate funding for each facility;
10. Several more listings expressed concern toward illegal activity, and lack of following directorial and mandated training and compliance of Inspectors, Wranglers, and Field Level Administrators of the Wild Horse and Burro Program.

BLM employees apparently think the current Activists are, again, “Dishonest”.  These Activists, they are calling dishonest are typical Americans, many Veterans of Wars, middle class wives and husbands who pay their taxes on time and all the time, and other honest folks of this nation, are dissatisfied with this particular agency and the ongoing and obvious abuse of Wild Horse Herds as well as their run-amuck budgets.

Rather than resolve the apparent issues, BLM employees lie!  Yes, we as Americans are speaking up and combating innuendo, misinformation, and outright lies with something as simple as “The Truth.”

BLM Complacency and Arrogance

Because there is abuse within the BLM, we can now perceive where the “acceptable abuse” standards are obtained.  Basically, they have none, as there is no acceptance of responsibility toward their actions.  There is no one policing the BLM employees and their irresponsible conduct.  “We can hold as a truth the BLM is morally and ethically corrupt, by their consistent and habitual chain of misinformation,” stated Stan Dimmick, NSA Research Scientist-Retired.

Today’s Activists are backed by solid and truthful reference material.  This same reference material has shown consistently the facts in regard to outright abuse of both wild horses and taxpayer money.  The reference material has shown fraudulent activity by government employees in order for them to make a buck, and has shown beyond doubt through grasslands research, or the vast amount of appropriate research, the Wild Horse and Burro Program is unnecessary.

So the BLM, backed by no valid reference material what so ever, rather innuendo, political agendas, agendas that serve only a small and specific special interest group, and studies that are filled with misinformation and, well, lies, are making millions upon millions of dollars on the taxpayers back.  Their funding by taxpayer money needs to stop!  There are no taxpayers wanting them to continue abusing the wild horses, or spending taxpayer money frivolously!

No, Mr. Gory, the Activists are not the “dishonest ones” here what so ever.  The Wild Horse Roundups are, indeed, abusive and for many, many different reasons!

Right now the BLM and their conduct does not represent America what so ever!  Their conduct represents everything that is wrong with our “spend without parameters” and “lack of ethics” government of today!  It is time to change that situation!