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Context of 'November 8, 1998: Three Freemen Sentenced to Jail'

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The Yellowstone County Courthouse in Billings, Montana, where the 14 Freemen are arraigned.The Yellowstone County Courthouse in Billings, Montana, where the 14 Freemen are arraigned. [Source: Civic Images (.com)]A group of 14 Montana Freemen make their first court appearance after surrending to federal authorities (see June 13, 1996). The 14 Freemen being processed are: Casey Clark, Edwin Clark, Emmett Clark, Ralph Clark, James Hance, John Hance, Steven Hance, Dale Jacobi, Dana Dudley Landers, Russell Dean Landers, Barry Nelson, Cherlyn Petersen, Rodney Skurdal, and Casey Valheimer. The elderly wives of two of the Freemen, Kay Clark and Rosie Clark, face no criminal charges. The Freemen in court are defiant and disruptive. Most of them object to the proceedings and refuse to acknowledge the charges being brought against them. Some of them refuse to acknowledge their names; when Magistrate Robert Holter asks Skurdal his name and explains that he wants to ensure that he is the right person, Skurdal retorts, “I object to your calling me a person, your honor.” Dana Landers responds to a similar question by reciting: “I am a Christian. My flag is red, white, and blue; it’s an American flag. The Holy Scriptures are my law. I’m not familiar with your tribunals.” Each demands their right to “effective counsel,” meaning that they should be able to choose their own lawyers but the court must pay for them. Many object to their names being spelled with all capital letters, as is common in legal briefs. One male Freeman requires physical restraint. Holter refuses to hear their arguments that their own alternative government’s rules must apply over those of the federal legal system. Working through a barrage of shouts, imprecations, and recitations, Holter assigns them lawyers over their objections, and sets arraignment and bond hearings. [CNN, 6/12/1996; New York Times, 6/14/1996; Los Angeles Times, 6/15/1996] New York Times reporter Carey Goldberg writes: “When they appeared in court on Friday, and rejected everything from the American flag to the capital letters in their names, the 14 newly surrendered Freemen laid bare, in word and posture, the central spirit of the anti-government group that held off federal agents for 81 days. It was a culture of collective denial. Each member came from a different set of circumstances, but the freedom they sought was freedom from American reality.… [W]hat united them was the ideological structure they built, in which the debts they owed were nullified, the criminal charges against them were invalid, and their position in society was considered supreme.” [New York Times, 6/15/1996]

Entity Tags: Dale Jacobi, Cherlyn Bronson Petersen, Steven Hance, Casey Clark, Carey Goldberg, Barry Nelson, Rosie Clark, Rodney Owen Skurdal, Russell Dean Landers, Ralph Clark, Emmett Clark, Edwin Clark, Dana Dudley Landers, James Hance, Robert Holter, Montana Freemen, John Hance, Casey Valheimer, Kay Clark

Timeline Tags: US Domestic Terrorism

A jury convicts Montana Freemen (see 1993-1994) leader LeRoy M. Schweitzer (see 1983-1995) and three of his fellows, Dale Jacobi, Daniel E. Petersen Jr., and Russell D. Landers, for conspiracy and bank fraud (see May 27, 1998 and After). Schweitzer is found guilty on 21 of 30 counts, most involving fake checks and money orders issued by the group. Schweitzer, Petersen, Richard Clark, and Rodney Skurdal are found guilty of two counts of threatening to kill Judge Jack Shanstrom. The defense argued that the Freemen sincerely believed that they were doing what was necessary; defense attorney Anthony Gallagher said during the trial, “These were folks that legitimately believed that their government was no longer their government.” After several days of jury deliberations, District Judge John C. Coughenour declares a mistrial on 63 unresolved counts of the 126 total charges; one of those charges is that all the defendants engaged in an enormous fraud scheme. [Reuters, 7/3/1998; Associated Press, 7/3/1998; Southern Poverty Law Center, 8/1998; Billings Gazette, 3/25/2006]

Entity Tags: Montana Freemen, Dale Jacobi, Daniel Petersen, LeRoy Schweitzer, Richard Clark, Russell Dean Landers, John C. Coughenour, Rodney Owen Skurdal

Timeline Tags: US Domestic Terrorism

A federal judge sentences three members of the anti-government Montana Freemen (see 1993-1994, May 27, 1998 and After, and July 3-8, 1998) to jail. Russell Landers, who told the court that it had no jurisdiction over him, receives over 11 years in prison for conspiracy, bank fraud, threatening a federal judge, and being a fugitive in possession of a firearm. Emmett Clark, who is ill, is sentenced to time served plus three years’ probation; he pled guilty to threatening to kidnap and murder Montana federal judge Jack Shanstrom. Dana Dudley, Landers’s wife, pled guilty to interstate transportation and is sentenced to time served plus another 21 months in prison. When the sentencing hearing begins, Landers interjects, “This is now the supreme court of Justus Township, Russell Dean presiding.” Landers is referring to “Justus Township,” the ranch formerly occupied by the Freemen (see September 28, 1995 and After). When Judge John Coughenour attempts to proceed, Landers says: “Bailiff, remove me. I have no part in the United States, no part in these proceedings.” He repeats his contention and sits quietly for the remainder of the hearing. [New York Times, 11/8/1998]

Entity Tags: Montana Freemen, Dana Dudley Landers, Jack Shanstrom, Emmett Clark, Russell Dean Landers, John C. Coughenour

Timeline Tags: US Domestic Terrorism

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