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Context of 'April 13, 2011: Montana Governor Uses Branding Iron to Veto Controversial Legislation'

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Ervin Elbert Hurlbert and Donald Little are arrested while trying to impersonate “Montana marshals” in order to facilitate the escape of Montana Freemen (see 1993-1994) leader LeRoy Schweitzer (see 1983-1995) from a federal prison in Edgefield, South Carolina. Schweitzer is serving a 22-year sentence for a variety of crimes relating to bank and check fraud (see July 3-8, 1998 and March 16, 1999). Both Hurlbert and Little are arraigned for attempting to aid a prisoner’s escape; Hurlbert is also charged with impersonating a law enforcement officer. The two enter the lobby of the Edgefield prison, identify themselves to a prison official as “Montana marshals,” and tell the official that they are there to take custody of Schweitzer. They give the official documents to “prove” their assertion, including a writ demanding that the warden relinquish custody of Schweitzer to “Marshal Ervin Elbert clan of Hurlbert.” One of the documents reads, “United States of America Special appointed Marshal Ervin Elbert: clan of Hurlbert shall assume full responsibility for the custody of the Justice/Petitioner,” meaning Schweitzer. The documents state that Schweitzer is “volunteering to return to the Country of Montana.” The documents are signed by Schweitzer and three former Edgefield inmates. Instead of releasing Schweitzer, prison officials notify local law enforcement, and sheriff’s deputies arrest Hurlbert and Little. FBI agent Deborah DeVito tries to interview Little, but he refuses to answer questions and instead repeats the claim that he is a “process server, noncombatant.” Little also tells DeVito that he is not a United States citizen but an “American National Citizen” and a foreigner from the “Country of Montana.” Hurlbert waives his legal rights, but refuses to sign a waiver form, telling DeVito that he owns his name and will not sign anything. Hurlbert says Schweitzer sent him the documents. He also tells DeVito that the codes of the “Country of Montana permit the establishment of their own Supreme Court and Justices.” Hurlbert says he had no intention of using violence, but admits to having a pistol in his vehicle. He says the gun is registered in the “Country of Montana.” [Associated Press, 3/25/2003]

Entity Tags: Montana Freemen, Deborah DeVito, Donald Little, LeRoy Schweitzer, Ervin Elbert Hurlbert

Timeline Tags: US Domestic Terrorism

Montana Governor Brian Schweitzer (D-MT) signs into law House Bill 246. It exempts Montana-made guns from federal regulation. The law is the latest in a long list of legislative initiatives designed to strip power from the federal government and give it to the states. “It’s a gun bill, but it’s another way of demonstrating the sovereignty of the state of Montana,” Schweitzer says. The impact is limited to Montana, which currently has only a small number of specialty gun makers who make mostly replica and recreation rifles from US history, and most of their customers are out of state. However, supporters of the new law hope it will trigger a court case testing the legal basis for federal rules governing gun sales. State Representative Joel Boniek (R-MT), who sponsored the bill, said during the House debate, “What we need here is for Montana to be able to handle Montana’s business and affairs.” Many legislators among the 50 states have introduced legislation designed to push back against what they see as unconstitutional federal intrusion, often in response to the Obama administration’s economic stimulus plan. Some legislators consider themselves part of, or sympathetic to, the “tenther” movement, that construes the Tenth Amendment of the Constitution as vastly restrictive of the federal government’s powers. Another Montana representative, Michael More (R-MT), recently said of the gun bill and similar legislation, “The whole goal is to awaken the people so that we can return to a properly grounded republic.” Legislatures in 15 other states are considering resolutions that attempt to take back power from the federal government. “The balance has swung far to the extreme to the empowerment of the federal government, and to the harm of the individual states,” More says. However, critics warn that the “tenther” movement and the move to give power to the states is in line with anti-government militia ideals. “When you really actually get in and look at it there is a lot of what we feel is very dangerous, very anti-government language that reads very similar to posters for the militia movement in the 1990s,” says Travis McAdam of the Montana Human Rights Network. Montana Senator Christine Kaufmann (D-MT) says, “I do think that there is a kind of renewed vehemence to this kind of right-wing rhetoric being spewed by conservative talk show hosts to rile the troops and they are using the fact that we have a Democratic, black president as one of their rallying calls.” In Montana, the states’ rights bills are being sponsored by freshman legislators who were elected as part of an effort to oust more moderate Republicans and replace them with more conservative, “tea party-friendly” representatives. Supporters of House Bill 246 now intend to find someone to challenge a regulation by the Bureau of Alcohol, Tobacco and Firearms (BATF) that requires federal dealership licensing to build and sell firearms; they will use that pretext to file a lawsuit that they hope will end in the Supreme Court. The Montana Shooting Sports Association, which drafted House Bill 246, has said it will raise the money to pay for any legal costs. [Associated Press, 4/16/2009] Author and columnist David Neiwert later notes, in agreement with Kaufmann, that the Montana gun bill echoes the ideas of “state sovereignty” promoted by radical-right militia groups and “constitutionalists” in the 1990s. The idea behind the bill originated with Charles Duke (R-CO), a far-right Colorado legislator from the 1990s who had close ties to the Rocky Mountain-area militias (see May 15-21, 1996). Duke is considered one of the first “tenther” proponents, and is popular with white supremacists who espouse the “Christian Identity” belief system (see 1960s and After). Neiwert will also note that the gun legislation prompts a series of segments from Fox News host Glenn Beck on the bill and how he hopes it is the first of a larger number of legislative and court initiatives that will ultimately cripple the federal government. [Crooks and Liars, 5/15/2009]

Entity Tags: Montana Shooting Sports Association, David Neiwert, Christine Kaufmann, Charles Duke, Brian Schweitzer, Glenn Beck, Michael More, Obama administration, US Bureau of Alcohol, Tobacco, Firearms and Explosives, Joel Boniek, US Supreme Court, Travis McAdam

Timeline Tags: Civil Liberties

Montana Governor Brian Schweitzer uses a branding iron to ‘veto’ a number of tea party-sponsored bills passed by the Montana legislature.Montana Governor Brian Schweitzer uses a branding iron to ‘veto’ a number of tea party-sponsored bills passed by the Montana legislature. [Source: Montana Cowgirl (.com)]Montana Governor Brian Schweitzer (D-MT) vetoes seven Republican-passed bills, most sponsored by tea party-affiliated legislators. Schweitzer goes farther than merely signing his veto statements with a pen. He also indulges in what the local press calls “one of the most spectacular pieces of political theater in” his six-year history as governor, using a red-hot “VETO” branding iron on wooden plaques engraved with the bill’s Senate or House number. “These bills are either frivolous, unconstitutional, or in direct contradiction to the expressed will of the people of Montana,” he tells a cheering crowd and a throng of reporters and television cameras. Standing somewhat outside the crowd are a small number of the Republican legislators who ushered the bills through Montana’s legislature. Some of the bills, if signed, would have eliminated same-day voter registration, allowed open-pit gold and silver mining using the environmentally hostile “cyanide leach” process, given local sheriffs authority over the federal government in terror investigations, rewritten the definition of renewable resources, downgraded energy efficiency and code adoption requirements in building codes, gutted human-sexuality courses in Montana public schools, cut legal damages that can be sought in motor vehicle accidents, stopped the creation of a health insurance exchange, scaled back consumer protection laws, and repealed a citizen-passed medical marijuana law. Schweitzer promises to veto more bills soon, saying, “When I swore to uphold the Constitution I meant it.” [Great Falls Tribune, 4/13/2011; KTVQ-TV, 4/13/2011; Montana Cowgirl, 4/13/2011]

Entity Tags: Brian Schweitzer

Timeline Tags: Domestic Propaganda

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