Hammonds out of prison after presidential pardon

(Update: Hammonds released from prison, due home Wednesday)

SALEM, Ore. (AP) – A family member says two Eastern Oregon cattle ranchers convicted of arson and pardoned by President Donald Trump have been released from custody.

Lyle Hammond, son of Dwight Hammond, says his father and brother, Steven Hammond, were freed Tuesday. The Hammonds were being held at a federal detention center south of Los Angeles. They are expected to return home Wednesday.

Dwight and Steven Hammond were convicted in 2012 of intentionally and maliciously setting fires on public lands. The arson crime carried a minimum prison sentence of five years. But a sympathetic federal judge, on his last day before retirement, decided the penalty was too stiff and gave the father and son much lighter prison terms.

Prosecutors won an appeal, and the Hammonds were resentenced to serve the mandatory minimum.

The decision sparked a protest from Ammon Bundy and dozens of others, who occupied the Malheur National Wildlife Refuge near the Hammond ranch in southeastern Oregon from Jan. 2 to Feb. 11, 2016.

—

Here is the White House’s statement on President Trump’s pardon of Eastern Oregon ranchers Dwight and Steven Hammond, as well as reaction from Rep. Greg Walden, R-Ore., the Oregon Farm Bureau and others:

Statement from the Press Secretary Regarding Executive Clemency for Dwight and Steven Hammond

Today, President Donald J. Trump signed Executive Grants of Clemency (Full Pardons) for Dwight Lincoln Hammond, Jr., and his son, Steven Hammond. The Hammonds are multi-generation cattle ranchers in Oregon imprisoned in connection with a fire that leaked onto a small portion of neighboring public grazing land. The evidence at trial regarding the Hammonds’ responsibility for the fire was conflicting, and the jury acquitted them on most of the charges.

At the Hammonds’ original sentencing, the judge noted that they are respected in the community and that imposing the mandatory minimum, 5-year prison sentence would “shock the conscience” and be “grossly disproportionate to the severity” of their conduct. As a result, the judge imposed significantly lesser sentences. The previous administration, however, filed an overzealous appeal that resulted in the Hammonds being sentenced to five years in prison. This was unjust.

Dwight Hammond is now 76 years old and has served approximately three years in prison. Steven Hammond is 49 and has served approximately four years in prison. They have also paid $400,000 to the United States to settle a related civil suit. The Hammonds are devoted family men, respected contributors to their local community, and have widespread support from their neighbors, local law enforcement, and farmers and ranchers across the West. Justice is overdue for Dwight and Steven Hammond, both of whom are entirely deserving of these Grants of Executive Clemency.

—

Greg Walden applauds pardon of Dwight and Steven Hammond

WASHINGTON, D.C. — Representative Greg Walden (R-Hood River) today released the following statement applauding the pardon of Dwight and Steven Hammond:

“Today is a win for justice, and an acknowledgement of our unique way of life in the high desert, rural West. I applaud President Trump for thoroughly reviewing the facts of this case, rightly determining the Hammonds were treated unfairly, and taking action to correct this injustice.

“For far too long, Dwight and Steven Hammond have been serving a mandatory minimum sentence that was established for terrorists. This is something that would ‘shock the conscience,’ according to Federal Judge Michael Hogan, who presided over the case and used his discretion in sentencing which later was reversed. As ranchers across eastern Oregon frequently tell me, the Hammonds didn’t deserve a five year sentence for using fire as a management tool, something the federal government does all the time.

“Moving forward, I’m encouraging the House Judiciary Committee to act on my legislation to prevent this situation from happening to other ranchers. H.R. 983 would ensure farmers and ranchers are not prosecuted as terrorists for using fire for range-management purposes.

“For now, though, I am pleased that Dwight and Steven Hammond will return to their families and ranches in Harney County. I look forward to welcoming them back home to eastern Oregon.”

—

Oregon Farm Bureau statement on Hammonds pardon

FOR IMMEDIATE RELEASE

July 10, 2018, SALEM, OREGON: Oregon Farm Bureau (OFB) thanks the president, Congressman Walden, and all of those who worked to end the injustice done to Steven and Dwight Hammond by granting them clemency. While nobody can restore what they’ve lost to this prosecutorial overreach and bureaucratic vendetta, we are happy that this awful chapter will be coming to a close soon.

OFB has publicly advocated for the Hammonds, including gathering over 25,000 online signatures, and also supported clemency through officials in Oregon and Washington, D.C.

OFB President Barry Bushue said, “Our thoughts and prayers are with Steven and Dwight as they get back to the people and the land they love. We will continue to do whatever we can to ensure that this injustice is never repeated.”

The federal judge who heard the Hammonds’ case, Michael Hogan, said in his ruling that a five-year prison sentence is “grossly disproportionate to the severity of [petitioners’] offenses.” He added that it does “not meet any idea I have of justice, proportionately” and “would shock the conscience to me.” Hogan also noted that the 1996 Anti-Terrorism & Effective Death Penalty Act was never meant to apply to ranchers simply trying to protect their land.

We agree.

—

Center for Western Priorities news release:

DENVER–In response to President Trump’s pardon of public lands arsonists Dwight and Steven Hammond, the Center for Western Priorities released the following statement from Executive Director Jennifer Rokala:

“Pardoning the Hammonds sends a dangerous message to America’s park rangers, wildland firefighters, law enforcement officers, and public lands managers. President Trump, at the urging of Interior Secretary Ryan Zinke, has once again sided with lawless extremists who believe that public land does not belong to all Americans.”

The arrest and arson conviction of the Hammonds inspired the armed takeover of the Malheur National Wildlife Refuge in 2016.

—

News release from the Western Values Project:

Whitefish, MT. — This morning, President Donald Trump pardoned Dwight and Steven Hammond, two ranchers whose arson convictions inspired the armed takeover of Malheur National Wildlife Refuge in January 2016. The Hammonds were convicted of “intentionally and maliciously setting fires on public lands” in 2012, and in 2015 were sentenced to a mandatory minimum of 5 years. Unhappy that the Hammonds had to face jail time for their illegal actions, other anti-government extremists took up the Hammonds’ case as a rallying cry and violently occupied a national wildlife refuge for 41 days.

Statement by Western Values Project Executive Director Chris Saeger on President Trump pardoning the Hammonds:

“By pardoning the Hammonds, President Trump is telling anti-public land zealots there are no consequences for undermining every American’s birthright to our shared public lands and national parks. What’s just as bad is that it shows Department of Interior employees who face serious threats from anti-government extremists like the Hammonds that the administration does not have their backs. This pardon is a direct threat to America’s public lands and our shared national treasures.”

Western Values Project, based in Whitefish, Montana, defends America’s public lands through research and public education in order to hold policymakers and elected leaders accountable for jeopardizing the West’s outdoor heritage.

—

News release from the Congressional Western Caucus:

Members of the Congressional Western Caucus including Chairman Paul Gosar (AZ-04), House Committee on Natural Resources Chairman Rob Bishop (UT-01), House Committee on Energy and Commerce Chairman Greg Walden (OR-02), Chief Rules Officer Dan Newhouse (WA-04) and Western Caucus Member Doug LaMalfa (CA-01)issued statements following the announcement of President Trump’s decision to issue full pardons for Dwight and Steven Hammond of Oregon:

Congressman Gosar stated, “Besides being a commendable application of the principle of equal justice under the law, the President’s action today is a strong symbolic gesture of good faith and good will directed towards rural western communities. I wish the Hammonds the absolute best as they are granted this awesome chance to return to their lives and families in Oregon.”

Congressman Rob Bishop stated, “I’m glad President Trump chose to weigh in on the unjust sentencing of the Hammonds. I wish the Hammonds well in returning to their families and local communities.”

Congressman Walden said, ” Today is a win for justice, and an acknowledgement of our unique way of life in the high desert, rural West. I applaud President Trump for thoroughly reviewing the facts of this case, rightly determining the Hammonds were treated unfairly, and taking action to correct this injustice. For far too long, Dwight and Steven Hammond have been serving a mandatory minimum sentence that was established for terrorists. This is something that would ‘shock the conscience,’ according to Federal Judge Michael Hogan, who presided over the case and used his discretion in sentencing which later was reversed. As ranchers across eastern Oregon frequently tell me, the Hammonds didn’t deserve a five year sentence for using fire as a management tool, something the federal government does all the time. Moving forward, I’m encouraging the House Judiciary Committee to act on my legislation to prevent this situation from happening to other ranchers. H.R. 983 would ensure farmers and ranchers are not prosecuted as terrorists for using fire for range-management purposes. For now, though, I am pleased that Dwight and Steven Hammond will return to their families and ranches in Harney County. I look forward to welcoming them back home to eastern Oregon.”

Congressman Newhouse stated, “I applaud President Trump for pardoning Dwight and Steven Hammond. There are few incidences that occur in our nation that better depict just how out of touch and unresponsive our federal government is to our citizens than the sentencing of Dwight and Steve Hammond from Eastern Oregon. After the Hammonds started a backfire to protect their cattle grazing land and assist the greater wildfire control effort, the Hammonds were prosecuted by the Department of Justice for arson under the Antiterrorism and Effective Death Penalty Act. After a federal judge only sentenced the Hammonds to three months, stating anything longer would be a ‘shock to the conscience,’ aloof federal prosecutors appealed and succeeded in attaining a five year prison sentence. I support President Trump’s decision to pardon the Hammonds, whose struggles represent many rural communities’ valid frustrations with the federal government’s unresponsiveness, callousness, and poor land management tendencies.”

Congressman LaMalfa said, “Dwight and Steven Hammond were let down by our justice system. After serving one sentence – on charges that could be seen as questionable to begin with – overzealous prosecutors wrongfully and unfairly forced the Hammonds to serve additional time in jail, despite their excellent standing in their community. Their case is a prime example of the previous Administration’s overbearing regulation and enforcement on public lands, while their poor stewardship creates fire hazards and restricts access to land that cattle have grazed on for generations. I’m glad to see the President has pardoned these men, and that they will not spend another day unfairly locked away from their families and livelihoods. I join many in Northern California and Oregon in celebrating President Trump’s willingness to resolve this injustice, and I will continue to pursue policy changes to ensure that those using fire as a management tool aren’t treated the same way as terrorists.”