Not Guilty

It seems like we’ve been here before. A bunch of people mount a protest against the federal government. The only real violence is committed by the police. When seven of the people are put on trial for conspiracy charges, they turn the courtroom into a circus. The nation is shocked when all of them are found innocent of conspiring to break the law.

I’m writing, of course, about the Chicago Seven, one of whom, Tom Hayden, passed away earlier this week. Just four days later, the Malheur Seven were similarly found innocent of conspiracy charges in Portland.

The parallels go further. After the Chicago Seven cases were heard (but before the jury rendered a verdict), the judge cited the defendants for contempt of court and sentenced them to 2-1/2 to 4 years in prison (all of which were reversed on appeal). After the Malheur Seven jury presented its verdict, U.S. marshalls arrested and allegedly tased one of their lawyers for protesting the detention of his client without offering a warrant.


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In both cases, the reality is that it was the government on trial. In 1969 and 1970, conservatives were in charge and they went after progressives. The progressives embarrassed the government by making it clear it was a kangaroo court. In 2016, progressives are in charge and they went after conservatives. The government ended up being embarrassed again.

It’s hard to imagine that the Malheur occupiers aren’t guilty of something, even if it is just vandalism. But the government chose to use conspiracy law, probably to increase the prison terms of those found guilty. Such a charge might sound reasonable in this case, but some people think is a questionable charge.

In being found innocent, the defendants won more than just their freedom. Their victory shows that progressives can be just as heavy-handed as conservatives when given power. Whether or not you agree with the Bundy’s quirky constitutional theories (and the Antiplanner doesn’t), at least it suggests that smaller government is better because it creates fewer opportunities for political abuse.

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About The Antiplanner

The Antiplanner is a forester and economist with more than fifty years of experience critiquing government land-use and transportation plans.

2 Responses to Not Guilty

  1. Frank says:

    Several of my liberal Portland friends took to Facebook to express their outage over the verdict. I commented that I just have to wonder, if these would have been armed Native Americans occupying federal lands and protesting the federal government, how many people would be “up in arms” about it, so to speak.

    Crickets.

  2. Sketter says:

    @Frank,

    I think you mean Federal Govenrment occupying what was originally Native American land.