The Tyranny Just Continues
The Wild-Lands Project In Action
You might remember that Andy Johnson, the rancher from Wyoming, just won his case against the Environmental Protection Agency (EPA).
That battle concerned their environmentally friendly stock pond on their private property. The EPA demanded that he remove the pond and threatened him with fines of $37,500 per day if he did not comply. The case was settled and the Johnson Family are happy.
However…
He is not the only citizen that the EPA has targeted. More cases are coming to light on the extreme overreach of this organization.
Disabled Navy veteran Joseph Robertson, 77, of Basin, Montana, and his wife, Carri, own about 200 acres of beautiful Montana mountain land. They homestead the White Pine Lode patented mining claim that he owns, and live “green” as Robertson is quick to explain. “I’ve worked over 30 years for mining corporations and I know what contamination is.”
They lease a portion of it to the Helena Veteran’s Support group. They offer camping, hiking and more to veterans and their families. “There is a great veteran support group here,” Robertson says.
They, also, own a large Freight-liner water tender that they loan to the volunteer fire department, and share with their neighbors. Additionally, they have an outfitted fire truck, including foam, hose reels, etc. that they use with the volunteer fire department.
They love their community and are active in helping, and sharing with, their neighbors.
Due to multiple fires in the area over the past several years, Robertson has maintained and improved his property by building stock ponds for his animals and fire prevention for his and the neighbor properties.
But, he has also scrapped with the government, by way of the Forest Service and the EPA, for years. The harassment by the government began over a decade ago, complaining that he was not allowed to repair the road that leads to his private property. This came to a head in 2013 when they charged this disabled veteran for violation of the Clean Water Act.
The government contends that nine stock ponds affect approximately one-tenth (1/10) of an acre of discharged pollutants into the Jefferson River, nearly 60 miles away.
The first trial was held last year and ended in a hung jury. It would probably have concluded in favor of Mr. Robertson had the federal defender presented all of the evidence. Yet, the defense, Michael Donahoe, refused to call any expert witnesses.
The Director of Veterans Affairs for Senator Steve Daines, Denny Lenoir, was in the courtroom during the trial. Donahoe seemed upset when Robertson would consult with Lenoir. “Why are you making this political?” he complained.
Donahoe’s group had paid for, and received, an environmental impact report detailing how Robertson did NOT violate the law, yet he treated it as if it was not accurate. This report outlines the fact that there is no stream from the Robertson pond to any tributary. Donahoe’s response was that the EPA was the expert testimony, and he would rely on their report.
Donahoe has a good bio with criminal defense. Why would he choose not to use his own expert witness, and report? He chose instead to claim the EPA was the only expert testimony needed in this case.
There is a second, nearly identical report, completed by Kagel Environmental, LLC, included here. Documented by Ray Kagel, a former federal regulator, he shows that Robertson actually improved the land and could not have contaminated any US waters.
The report outlines that the alleged wetlands “is not waters of the U.S.” and it is virtually impossible for them to have a “significant effect on the physical, chemical, and biological integrity of the Jefferson River.”
Kagel spoke with Robertson’s public defender, offering to testify on Robertson’s behalf. Donahoe declined the offer and stated he did not wish to use any expert testimony. Kagel completed the report, pro-bono, for the Robertson’s anyway.
Judge Donald W. Molloy retired in 2011. Molloy was the subject of a complaint letter by Robertson some years ago, so it is surprising that, knowing there is bad blood between them, he came out of retirement specifically to hear this case. However, seeing the way this case was handled, maybe it is not so surprising after all.
A week after the first trial ended in a hung jury, Donahoe asked the Robertsons to travel to his office in Helena. Upon the return to their home, they caught two EPA agents attempting to drain their pond, trying to make a stream flow a mile down the canyon to Cataract Creek. It was a blatant attempt to manufacture evidence to support the government case. The timing does seem suspect, as they do not travel off of their property often. It just so happened that they were called away, by their attorney, during this event.
When this information was brought to the attention of Judge Molloy, the Judge did not see a problem with this manufactured evidence. In fact, this ‘evidence’ was allowed at the second trial. Robertson tells me that even Judge Molloy questioned Donahoe as to why he was not objecting to this evidence being presented. Still, Donahoe did not object.
The second trial was completed. During the trial, Judge Molloy seemed upset that Robertson wanted his service dog with him. Robertson was required by his attorney to get documentation that authorized him to have the dog, Sasha, in the courtroom.
The second trial ended in a conviction for this 77 year old Navy veteran. He now faces prison and hundreds of thousands in fines. This will amount to life in prison and forfeiture of his property.
“This verdict sends a message that the United States will not stand by and allow streams and wetlands of the United States to be polluted, or National Forest lands to be injured,” said United States Attorney for the District of Montana Mike Cotter.
“Today’s guilty verdict demonstrates that polluters will be held accountable for their actions.” said Jeffrey Martinez, Special Agent in Charge of EPA’s criminal enforcement program in Montana.
Mr. Robertson did not harm the environment, he actually improved it. However, the government did not control these actions, and therefore, seems intent on sending that message. Robertson, who served his country honorably, including tours in Vietnam, faces losing everything he built over his lifetime.
Robertson could now be sentenced up to 15 years in prison and a $250,000 fine. It would appear that their Federal Public Defender showed that he knows who he really works for, and it was not for Mr. Robertson. His oath to defend Robertson seemed not as strong as the oath to defend the government. In accordance with this stance, there currently is no appeal expected.
Sentencing
A farce of a sentencing trial took place in Missoula, Montana for Joe Robertson, the 77 year old disabled veteran that was wrongly convicted of building a stock pond on his property.
The 3-1/2 hour hearing was, obviously, designed to upset the crowd that showed up to support Robertson. Over 3 dozen citizens traveled from many states to stand by him today, showing solidarity.
The judge had several pages of speeches already written that were designed to upset and offend the spectators and Joe. The hearing began with an hour long discussion of motions that were never truly considered by the judge, as he read his pre-written responses.
While describing the trial, the judge made statements that were derogatory and inflammatory against Joe, including saying that Joe’s comments about his “beautiful ponds” were non-responsive to the court. Judge Malloy also said that Joe was only attempting to gain sympathy with the jury through those statements, as if it were wrong for Joe to want the jury on his side.
Malloy commented on Joe’s attempts to bring evidence into the trial showing the EPA agents blatant manufacturing of evidence as “just not true” and that Joe’s “antics” were just making everyone’s job more difficult.
Malloy went on to say that one day when Joe was late for court, this just showed that Joe had a complete disregard for the law.
Prosecutor Nelson had his turn next, and stood at the dais and completely maligned Joe and the spectators. At one point, Nelson turned to look at the crowd, waving his hands around at them, and implied that we were there because Joe flat out lied to them, and that was another reason that Joe should be locked up.
When he first started referencing the crowd, there was an audible commotion, as it was designed to do. Calls were heard of “incitement” and “offensive” and Judge Malloy decided it was time to start throwing people out of the courtroom. Maureen Peltier was first to go and Shari Dovale was the second person removed as she “inappropriately coughed” when the people in the gallery were referenced as Joe’s “Malheur Friends.”
Additionally, Nelson referenced an interview with John Jacob Schmidt, from Radio Free Redoubt, and said that Joe had threatened the Forest Service and the court with statements on the show saying that he (Robertson) will avail himself of his 2nd amendment rights.
Nelson said that the Forest Service Officials heard the threats and they had a “chilling effect on them.” This was to imply that Joe was a danger to society, all over a few stock ponds for fire prevention.
Nelson continued on with Robertson’s statements that the public defender was not doing his job. The prosecutor proceeded to defend the defense attorney for doing such a wonderful job, (and losing on every point). Don’t forget that Mike Donahoe, the defense attorney, refused to submit evidence of an environmental impact report that exonerated Robertson. There was an expert witness, Ray Kagel of Kagel Environmental, on hand today to testify on Joe’s behalf. The Judge refused to allow not only the testimony, but the admittance of the report that Kagel prepared for him.
The defense attorney, Mike Donahoe, must have been basking in this bliss because he never once made a single objection to the slanderous statements the Judge and the prosecutor were making. Not a single objection. He also did not attempt to have Kagel’s report or testimony admitted into the record, leaving that to Joe and the spectators to question.
The results of the hearing had Joe sentenced to 18 months in prison and 3 years of probation. They also fined him $130,000 to repair his “damage”, $12,000 in attorney fees, and other various fines.
They also stripped him of his second amendment rights for life, told him he was not to be with anyone that had guns, and he is not allowed to have any surveillance equipment, recording devices, or other protection at his home or on his person as they might interfere with the police.
They took him straight from the courtroom in handcuffs without even allowing him to say goodbye to his wife, Carrie, or reassure his service dog, Sasha.
This was a Kangaroo Court that was worthy of an Oscar. It was an ambush from before it began. The Department of Homeland Security was in a building across the street, second floor, recording the protesters. The FBI made a huge presence for intimidation only.
The protesters, however, were expecting them, and did not feel the scare tactics. It takes Patriots like Joe and Carrie Robertson, as well as the people that traveled to be with them that day, to stare down this out-of-control government.
They have gone full Monty on the citizens and exposed the naked truth. The citizens of this country are under tyranny. We must take our country back!
Thanks to Shari Dovale - ReDoubt News
Immediate Help Is Needed!
Joe has since suffered a medical condition, possibly a stroke, that has left him with double vision and multiple related symptoms. The prison has refused to provide him medical exams and treatment only providing him water as a placebo. He is also being denied visitors that made Joe's acquaintance prior to his trial, but the Federal Bureau of Prisons will not allow them on the visitor list because they are labeled as "Protestors"! These citizens are trying their best to "Love Their Neighbor" but the government has placed labels upon them via the unlawful acts such as The Patriot Act, The Freedom Act, NDAA etc.
Please do what you can to help Joe and his wife Carri. Donate: https://www.gofundme.com/2gkp26z8
JOSEPH DAVID ROBERTSON
Register Number: 13726-046
Contact #1 Federal BOP CALL DC OFFICE (202) 307-3198
Inmate Concern Form
https://www.bop.gov/inmates/concerns.jsp
Contact #2 Colorado Senator Cory Gardner (local office has been very helpful)
P: (202) 224-5941
Form to email Senator Cory Gardner
https://www.gardner.senate.gov/contact-cory/email-cory
Please sent as registered mail to the below
Colorado Senator Cory Gardner
354 Russell
Senate Office Building
Washington, DC 20510
Federal BOP
Address:
Federal Bureau of Prisons
320 First St., NW
Washington, DC 20534
Joe Robertson Montana Tells His Story - EPA Taking Property Rights via Waters Of The U.S.
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| Click this Photo to Watch the Video. |
The DOJ, Federal Prison System and US Marshall's continue their abuse of Joe and many other federal prisoners violating basic human rights. Joe Robertson, his family, friends and concerned citizens have serious concern for his health and safety. Although help has been requested repeatedly for US and State Congressional help on Joe's behalf, it has fallen on deaf ears! The prison system alone fails to contact Joe's wife Carrie in regards to Joe's health and whereabouts. The prison system is further abusing Joe by not allowing him phone calls and commissary, not to mention withholding medical exams and treatment. We are asking all concerned individuals from across the US to take action on Joe's behalf. Media coverage of this abuse in the Federal Prison System is greatly needed at this time as prison abuse has become the norm. Special efforts in the western states in California, Oregon, Montana, Wyoming, Utah and Colorado your immediate action is needed. Please contact any and all of your media outlets and State and US Congressmen. A sample letter/script is provided below.
In regards to Joseph David Robertson 13726046
We as concerned Americans are notifying the Warden and Staff of FCI Englewood about the public's concern from all over the nation about medical neglect and abuse documented and recorded. We have seen news articles regarding this, and also heard Joe's story on radio shows. We also heard from Joe himself and his family. Joe is in fear for his life because of the lack of medical care since being in the custody of the Bureau of Prisons since July 20th 2016. Joe has severe PTSD and requires specific medication that keeps him healthy. It is our understanding the Bureau of Prisons has not regulated his medicine and not provided the care equal to that he was receiving from the VA before he was incarcerated. When he was at the Crossroads facility in Shelby Montana he suffered symptoms of a stroke and still has double vision from that episode. He has not received a CT scan to this day or a medical exam at a hospital. Joe has made statements of his heart skipping beats and not working properly. On November 2nd 2016 Joe passed out in his counselors office stating, "it seemed like the second episode of what happened in Shelby Montana, possibly a stroke". He was not taken to a hospital, he was not provided medicine, he was not given any blood work. He did receive an EKG although Joe thinks the EKG doesn't seem to have read right. Joe could feel and hear his heart not working properly. He was given a cane and told to walk down 3 flights of stairs back to his pod. There are elected officials involved who are trying to help but the report is, "your staff delayed and interfered with that important special/legal mail to get to those elected officials in a timely manner" so that they can request Joe get a medical exam and have visitors on his list. We are reporting concerns about legal mail right violations for Joseph David Robertson a 77 yr old Navy Vet. Legal marked mail requires that Joe be present if the staff needs to check it. We want Joe sent to a hospital immediately to be evaluated by a third-party medical doctor and receive a CT scan for stoke symptoms. We request that his legal mail rights not be violated by your staff. We request that your staff call his wife, family and friends back. Also, reply to all emails please! Joe also has rights to visitors, he has family trusted friends close by FCI ENGLEWOOD who should be approved on his visitor list. He also has people from out of state who have applied to be on his visitor list and have not received a call back or emails letting them know if they are approved to come see Joe. A big common concern and feedback is whenever your facility is called either no one answers, you get transferred around, or you might get a voicemail, but no one ever received call backs in regards to Joe Robertson. We learned that Joe was put in solitary confident for about a week without medical care, this is cruel and unusual punishment. A report we just learned of, we feel that Joe having his phone and commissary taken away for 60 days during the holiday season and while he has needs from the outside to help him is wrong and ask that this be retracted.
Thank you,
Concerned American
*I find it interesting that any link for BOP.gov when clicked comes up with an error message "server not found". I have tried accessing the link several different ways with the same result, and there's nothing wrong with my internet connection. I am posting some information for helping Joe in this situation below, but you can also find it in the "show more" in the video description. Thanks!
☆CALL TO ACTION FOR JOE ROBERTSON NEEDED DAILY☆
Please read all, understand it's long but feedback from ya'll helped with a one stop place to have all the information needed. God Bless!
Need thousands of contacts NOW to HELP JOE (calls and emails)
Joseph David Robertson 13726046 NEEDS HOSPITAL AND DOCTOR NOW!! PLEASE!!!! SEND HIM MAIL and Donate please!!
Recorded call from Joe himself- NEED PRAYERS!!!!!
https://www.facebook.com/lindsay.brewsterszymanski/videos/1216840168354645/
CONTACT #1
Main number for voicemails (303) 763-4305
Leave voicemail listen to example in video link https://www.facebook.com/lindsay.brewsterszymanski/videos/1217580071613988/
CONTACT #2
Opt 1 Email: ENG/ExecAssistant@bop.gov
Opt 2 Federal BOP CALL DC OFFICE (202) 307-3198
Opt 3 Inmate Concern Form https://www.bop.gov/inmates/concerns.jsp
CONTACT #3
Ken Buck
Phone: 202- 225-4676
CONTACT #4
Mike Coffman
Phone: 202-225-7882
CONTACT #5
Colorado Senator Cory Gardner (local office has been very helpful)
P: (202) 224-5941
Form to email Senator Cory Gardner
https://www.gardner.senate.gov/contact-cory/email-cory
CONTACT #6
TRUMP!!! Load it up please for all the P3s!!
https://apply.ptt.gov/yourstory/
Media blast!!!! Please use the links and numbers below and send message and call please!!! #FreeJoeRobertson
Need them to cover Joe!!
77 yr old Navy Vet Joe Robertson is in fear for his life at FCI ENGLEWOOD.
Tell them to check messages from Lindsay Szymanski and Ollie Smith.
Fox 31 Denver
Call +1 303-566-7600
http://kdvr.com/c…/contact-the-fox31-denver-problem-solvers/
Channel 9 Denver
chris.vanderveen@9news.com or 303-871-1848
Our favorite for truth Dennis Michael Lynch
Fill out form. http://dennismichaellynch.com/contact-us/
Joseph David Robertson 13726046
☆Email joerobertsonnavyvet@gmail.com
☆Phone 720-464-3669
GoFundMe https://www.gofundme.com/2gkp26z8
Update:
September 7, 2017
Joe was released from a Colorado Prison Thursday and was put on a bus home to Montana. Watch as he departs the bus to awaiting supporters. He will be going to a halfway house. Keep an eye here for updates on the outcome of his appeal. Click to view Joe's release and homecoming in the photo/link below.
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| Joe Robertson Navy Vet Comes Home To Montana After Being Imprisoned for Building Ponds On His Property |
Read the Appeal filed on Joe's behalf.
Joe Robertson Montana Appeal To 9th Circuit Court - EPA Waters of the U.S.
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| Click the Photo to Watch the Video. |
Update:
November 27, 2017
Joe Robertson was denied his Motion To Appeal by the 9th Circuit Court Of Appeals and will travel home to Montana upon his release from a halfway house Friday December 1, 2017.
Update -
April 1, 2019
After being imprisoned by the feds for digging ponds, Joe Robertson has died.
The Supreme Court is expected to decide in April whether it will hear Robertson’s appeal.
Robertson, sentenced in 2016, completed his 18 months behind bars in late 2017.
He was still on parole for the next 20 months when he died March 18 at age 80 of natural causes, according to his widow.
Pacific Legal Foundation filed papers this week to substitute Robertson’s widow, Carri Robertson, as the petitioner in the appeal to the Supreme Court.
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| Click this Photo to Watch the Video. |
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