J.A.I.L. Will Return Due
Sent to J.A.I.L. by Steven-Bryant
Can "DUE PROCESS" be returned to Nevada,
(If "the people" demand it?)
From: Janine Hansen [email not
Subject: Court rules against BLM in Holmgren case
Nevada Committee for Full Statehood
P.O. Box 656, Sparks, Nevada 89432
775-352-8262, fax 775-356-0727
June 21, 2002
BLM CONFISCATION STAYED
For Immediate Release:
The Board of Land Appeals of the U.S. Department of the Interior in
Washington, D.C. has issued a Stay Order in the Nevada Bureau of Land
Management’s efforts to seize the cattle of Mineral County ranchers David Jackie
The Order, signed by Administrative Judge F.W. Mullen, observed, "A hearing
has not been held and the Holmgrens have not been afforded an opportunity to
The Order shows that the case started on May 25, 2000, with a BLM
"decision" to remove cattle from the Holmgren’s ranch. The BLM told the
Holmgrens, "You appealed this decision and requested a stay. The appeal is still
Then, on January 26, 2001, the BLM tried again to take cattle form the
Holmgren’s ranch telling the Holmgens: "You appealed this decision and requested
a stay… The appeal is still pending."
On February 7, 2002, the BLM "decided" again to grab the cattle on the
Holmgren’s ranch, which the Holmgrens also appealed and moved to stay on May 20
Finally, on June 4, 2002, the proceedings were stayed because the Holmgrens
had never been afforded due process and an opportunity to be heard.
"This case is both encouraging and alarming," said Chris Johnson of Elko,
Chairman of the Nevada Committee for Full Statehood.
"It is encouraging in that at last, after over two years’ effort and
hundreds of pages of exhibits and cases, the Holmgrens point was recognized that
they had never been heard," said Johnson.
"It is alarming that it took so long. In the meantime, Ben Colvin’s cattle
have been seized and sold—without a hearing. Raymond Yowell’s cattle have been
seized and sold without a hearing," continued Johnson.
"Due process is what we’re all supposed to have: All the time, everywhere,
and BEFORE our property is taken. But Nevada appears to lack judges, either
appointed or elected, who will insist on fundamental principles of law and
fairness," observed Johnson.
"It is distressing that Nevada citizens are having to sue to get their
State officeholders to do what the Constitution requires all of us to
do—"support the U.S. Constitution," said Johnson.
Johnson was referring to a suit against the Nevada Department of
Agriculture for failing to protect Nevada ranchers by enforcing Nevada’s
branding laws. Yowell denies authorizing anyone to sing for him as the owner of
his cattle. A BLM bureaucrat signed as Yowell’s "authorized agent," when he had
no authorization from Yowell to do so.
"This is government financed lawlessness by power hungry bureaucrats,"
"We must pass legislation next session that will enforce Nevada’s right to
be a 100% State and direct local officials to protect the property and liberty
of Nevada citizens," concluded Johnson.
[We recommend they also pass J.A.I.L. to solve this
For further information contact:
David and Jackie Holmgren 775-530-5313,
O.Q. Chris Johnson 775-934-6302,
Janine Hansen 775-382-8262 or 355-0407.
J.A.I.L. is an acronym for Judicial Accountability Initiative
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