Trump pardons ranchers in case that inspired 2016 occupation

President Donald Trump July 10 pardoned two cattle ranchers convicted of arson in a case that sparked the armed occupation of a national wildlife refuge in Oregon.

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. That 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.

A statement by the White House said that at the Hammonds’ original sentencing, the judge noted that they are respected in the community and that imposing the mandatory minimum five-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,” the statement said. “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.”

The decision to pardon the Hammonds won accolades from various livestock and public land interests.

House Energy and Commerce Committee Chairman Greg Walden, R-OR, who led a group of members of Congress to call for the Hammonds’ clemency, 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.”

American Farm Bureau Federation President Zippy Duvall said in a statement, “President Trump’s pardon of Oregon ranchers Dwight and Steven Hammond tells us there is still hope for justice in environmental law enforcement. The Hammonds were thrown into prison for nothing more than burning an invasive species that threatened their ranch—a standard ranching practice that is both lawful and widely accepted. The fire spread further than it should have, and consumed more than 100 acres of federal grazing land, but that hardly makes the Hammonds criminals.

Pardoning them was the right thing to do, and we thank Rep. Greg Walden for advocating so effectively for these men.

“Farm Bureau was shocked by the minimum five-year sentence the Hammonds faced. Even worse was the Justice Department’s decision to use anti-terrorism laws to prosecute them. We could not be happier this ugly chapter in governmental overreach has come to an end.”

Ethan Lane, executive director of the Public Lands Council and the National Cattlemen’s Beef Association Federal Lands, said in a statement, “We are extremely grateful to President Trump for granting a full pardon to Dwight and Steven Hammond. The Hammonds were forced to suffer from grave injustice for far too long, and the entire ranching community is relieved that they will be reunited with their families. No rancher undertaking normal agricultural practices should fear spending years in jail at the hands of the federal government. NCBA and PLC have continued to advocate for the Hammonds’ release, and we would like to thank Representative Greg Walden and the many others who worked tirelessly on their behalf.”

Not everyone was happy with the pardoning of the Hammonds. Center for Western Priorities Executive Director Jennifer Rokala, whose group advocates against state control of federal lands, said in a statement, “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 Associated Press contributed to this report.

Larry Dreiling can be reached at 785-628-1117 or [email protected].