The judge deciding all four issues went against DeChristopher doesn't indicate
he was reaching at all. It's a product of our legal system. Good Lawyers and
judges always argue that every element they need to prove weighs in the their
favor (unless it hurts their credibilty with a judge or appellate court to do
so). Good lawyers never put all their eggs in one basket. You always cover all
your bases just in case a judge (or appellate court) disagrees with what you
think is a no-lose argument. Second, it's pretty hard to tell from
this article why the judge ruled the way he did. We really need more facts
(like the judge's actual opinion) before we can say DeChristopher "clearly" met
any of the elements of the necessity defense.
The judge ruled on the law, and that was that. Let's take this to an logical
conclusion for using this defense............I felt the need to (fill in the
blank) because of necessity and my views are paramount to the law. Because I
thought it was necessary, I should be able to do what I want and not face the
consequences.Nope, sorry. There is case law for this defense and
this case did not fit, so it didn't go forward. Simple as that.
'Pagan 1:36- you're not very bright, are you.' Luke. Hey, your the
one sitting on 49,000 tons of depleted uranium 'donated' by energy solutions in
Utah and doing nothing about it. Your pretty sterile, aren't you?
Ron Yengich should be jailed for contempt of court. He's a curse on this great
state. Pagan 1:36- you're not very bright, are you.
I agree with "Pagan". He won the bid, now make him pay for the leases. How much
does he owe? I sure the Audobon Soc, Sierra Club, Peta, ELF will chip in. Call
Al Gore, he's worth million$, surely he'll help!
It was a public auction. I don't think he did anything wrong.
He is standing trial, so what is everybody's gripe? That he is mounting a
defense? Seems constitutional to me. It isn't like he is on the lam. He is
facing up to the consequences of his decision. Agree with him, or not, it shows
above average guts.Beyond all that. I find it interesting that the
judge tried to refute all four necessary conditions for such a defense. The
first three seem to pretty clearly apply to this case. The fourth, arguably,
does not. The judge must not be too sure of himself to being reaching so far to
justify his dismissal of the defense.Finally, the sun rises in the
east. No, I won't cite a source for that. Some things are so easily found on
the Internet that the need to provide a citation ceases to exist. Saying it doesn't make it so and ignoring it doesn't make it not so.
Paid the fine. So do the time.
What bothers me is how hard he is trying to get out of his punishment. If your
going to try to throw a wrench into the works, stand up for your convictions
when your day comes and take your lumps. Otherwise your saying your cause means
nothing to you when you actually have to sacrifice something.
Yes, what happened at the Boston Tea Party was against the law. Those who
perpetrated the illegal act, had they been caught, would've been subjected to
the punishment affixed to the crime. If DeChristopher had the courage of our
forefathers, he would plea to the charges and do his time, thus becoming a true
"martyr" to his cause. Unfortunately, the environmental whacko crowd doesn't
seem to be big on accepting the consequences of its actions. UU Science
prof @ 10:56, if you want to throw stats around, throw the source out there too.
Otherwise, you look as crazy as DeChristopher.
I can't believe everyone who's comparing this to Rosa Parks and especially our
founding fathers! To put this guy in that same category is the most ridiculous
thing I have ever heard!! The fact is environmentalism is getting out of hand
and we as a people need to reign it in a little.These environmental
extremists are not doing our nation any favors. If they really want to effect
change, why not take the more honorable road and do it legally? There are more
public forums available to us now that ever before! It's much harder and takes
more patience than the ridiculous act performed here, but ultimately will be
more effective in changing people's attitudes.From all appearances,
this guy is nothing more than a trouble maker...
CO2 in the atmosphere has increased 40% in the last 200 years (275 to 385 ppm),
there's no dispute of that data. Anyone who is denying the magnitude of that
fact and its current and future impact is sadly ignorant. The auction was
reversed anyway because it was illegal itself, so why is he being charged for
attempting to disrupt illegal activity?!
Take a plea deal. Learn your lesson. Save yourself the embarrassment of
believing in Gore, who would have given you the money to buy the land if he
really believed in what he is preaching.
Black letter law wins out. The judge really had no choice on this. Despite the
claims of the defense lawyer there was no legal basis to allow the proposed
defense theory to go forward. The reality is this will end in a guilty verdict
as black letter law prescribes but the jury will also have its say. Some how
some way life will go on for all sides. We learn from our mistakes and we move
Dave 8:49, better stick to Judge Judy for your legal opinions. To defend a
charge such as this with the vacuous "necessity defense" would be a mockery of
our court system.O.J. all the way. O.J. all the way.
Ron Yengich is a good man and a good lawyer, and is fulfilling a necessary role
in providing the best defense consistent with the facts. The fact that he
didn't appeal the decision likely means that he knows it was a long shot. Heap
your scorn on his client, who broke the law, not on Yengich, who is pursuing
legitimate defenses for his client (which is what good lawyers do).
Regardless of your opinions of global warming or MR DeChristopher, this ruling
should be looked upon as a travesty by any free thinking individual.For all you and I know, this defense may actually sum up the defendants
thought process when he committed the act. A defendant should be
able to present whatever he feels necessary in his case, subject to relevance,
of course. It should then be the role of the jury to sort out whether that
defense is credible.For a judge to pre-emptively block a defense
before it's even presented to the just is a mockery of our court system. "Well,
you can't efned yourself using THAT logic, you'll have to find something else."
What if there is nothing else?Guess it's a good thing i'm not on the
jury. I'd be nullifying on general principle now.
Love to see Yenginch's case fail.
I'll bet DeChristopher in time could have raised the money among his supporters
to purchase the lands . . . too bad he did not he try that. How much stronger
the case would be if he had thought that through. He could have organized his
movement to buy lands parcel by parcel, and hold them for the purposes, till the
gove't was ready to see things their way. or not, as the case may be. But the
lands would have been protected. I do hope he willingly accepts the
full penalty of the law, and then works within the law to advance his cause.
THis is a nation of laws. There are some bad ones. But it's submission to law
that has made it great. Not submission to the loudest voice or the most
powerful person. Correct abuses; Fight for right; but do it with
patience, and legally.How does the college professor feel who
encouraged and taught him to do this? Perhaps he should be on trial for
inspiring a young person to tie up his life and reduce his effectiveness in this
Timj, what does publicly rode mean?
It seems obvious that the necessity defense should apply. That the Bush
administration was ignoring established regulations in leasing out certain
parcels near Canyonlands for oil drilling has been acknowledged by the Obama
administration, which has since declined to put those parcels back on the
market. Given the time allowed, Dechristopher had no way of preventing the lease
issuance by legal means. Instead, he chose a method that harmed no one. For a
group whose nation was founded by revolutionaries who acted illegally in
opposition to an unjust government, Americans seem hypocritical in excoriating
those who do so today.
I suspect Tim DeChristopher had no idea how deep he was getting himself in when
he bid on the leases. He does now, and hopefully the rest of the misguided have
wised up and will spare us the agony of going through this again. Let's get on
with it and get it over with - quick! And to you who think we'll one day thank
him for his courage and his contributions, perhaps, but only if his example
serves to wake you up to reality.
Meanwhile, those who illegally and publicly rode over federal land, including
local politicians, don't get so much as a ticket. Got to love Utah politics,
where those who perform illegal political actions only get charged when their
politics are liberal.Great double-standard there.
RE:Please..."No matter how unjust he thinks the law is, it's still
the law."Why don't you tell that to our founding fathers and
especially the ones who boarded a private owned ship in the middle of the night
in 1773 dressed as Native Americans and destroyed private property by throwing
it over the side. Or you could tell it to those who took the Governor's carriage
hostage, or those who destroyed the homes of tax collectors who were just doing
their job. Or you could tell it to those who tarred and feathered loyalists and
drove them from their homes.The point I am making is that the law
isn't the law when it's unjust and a man made law can be unlawful. Rosa Parks
refusing to give up her seat should not have given up her seat because the law
was unjust and those who hid runaway slaves had every right to break the law
because it was unjust. Those who hid Jews in Nazi Germany were right to do so
even though it was against the law of a republican government. DeChristopher was right to stop this unlawful sale.
It's easy to be an antagonist, but once you come face to face with the
consequences, things change a little. He had a choice, not to choose between the
lesser evil, but to NOT BID! Once he bid, he broke the law (with his intention
of never paying for the land). He has no case. He needs to do the "hero" thing
and pay for his stupidity. No matter how unjust he thinks the law
is, it's still the law.
In a country that values opinions and free speech, he could have expressed his
views in a much better way. There are legal and effective ways to protest which
he easily could have done. I actually agree with a lot of these
people trying to make the earth a better place but too often it turns into a
proud stance. Its as if these people feel superior to you and me and hold
themselves above the law.This whole, "protect the environment"
movement is kind of a trend with too many extremest. I will be happy when they
move on to something else and stop hurting the cause.
Oh yeah, let's put this guy in the same category as Rosa Parks and other iconic
people who knew how to truly stand up for their rights.Whatever,
make him pay for each dollar he bid.
This man broke the law and should go to jail for what he did, it's as simple as
that. I don't care what your beliefs are, you can't just willy nilly break the
law and expect clemency because you think you are acting for some greater good.
Nevermind the fact that there is no solid proof that man is the
cause of global warming...er...global cooling...er...global climate change.
+1 to the statements above from Common Sense and Jason. Mr. DeChristopher and
his defense team is wasting valuable time and taxpayer money in this case. The
defendant fraudulently filled out and signed legally binding federal documents,
and he did it knowingly and willingly. If there's no penalty for that, then
what good is a legally-binding document anyway? There are legal
ways to protest and Mr. DeChristopher chose to ignore those options and,
instead, violate the law. Sorry...whether one agrees with his position on
global warming or not, he intentionally broke the law, he did it in a
premeditated way, and he's not apologetic or willing to make restitution. I can
appreciate his concerns, but I wholeheartedly repudiate his actions.Many thanks for your common sense and decency, Judge Benson.
"One day however" thanks for your contributions...maybe one day the people of
Utah will "see" the evidence with "Wildfires and water shortages and earthquakes
with devastaing results.Ignorance has a price to pay also. One man may go
to jail but thousands will pay High water bills and wildfire deaths so that
someday someone my listen to the environment
Thank you!! Thank You Very Much!! Judge Dee Benson
and used frequently. However, it is not applicable in this case. As Tolman
stated there is plenty of case law regarding this defense and what constitutes
the proper application of each element. Frankly, Yengich backing down surprises
me. I would have thought he would have appealed the ruling at least to the next
highest court if not the Utah Supreme Court...makes me think he realizes he
doesn't have much of a case...
One day, however, DeChristopher will be remembered and honored for his courage.
So many in the past were at first derided and condemned for their insights and
actions, but time showed they were right.
Come on Tim, if your so worried about the environment, take a plea instead of
using up the courts time, the energy it takes to run the courthouse, the fossil
fuels that will be burned getting you to court and back, the energy it will take
to keep you in prison, and the CO2 that will spew out of your mouth in defending
your act of aggression against the U.S.. Your an environmental terrorist and
now your wasting our energy.
It's only common sense that the Judge should bar such a ridiculous defense.
It's the equivalent of saying "the devil made me do it." Or, my beliefs are so
superior to yours, that the end justifies my means. Completely and utterly
ridiculous, Yengich should be slapped with a frivolous lawsuit penalty for
chewing up taxpayer supported court time with his publicity stunts.
Enjoy your time in jail, hippy!
looks like a leader of the looney leftist movement in America. It appears the
American people are waking up though
Throw the book at him. Man caused global warming is a MYTH!!!
The enviornmental movement is totally wacked. Yengich should go to jail for
trying to congure up a defence scheme like this.