EPA Thugs Destroy Vet Family Over Definition of Navigable Waters

 Big-government socialism claimed another victim days ago, leaving an elderly widow to carry on a cause for basic individual rights that were crushed under the tyranny of the federal EPA.

Joe Robertson, 80, is survived by his wife, and he served with distinction in the U.S. Navy before retiring to the big-sky country of Montana, staying busy with supplying critical water for state firefighters.

It was this business that federal EPA thugs targeted and destroyed on the fraudulent grounds that several ponds on Robertson land created a disturbance to a tiny babbling brook that bureaucrats in Washington DC classified as a navigable waterway.

Oh, the irony. The retired navy man did not see the brook as navigable.

Robertson neglected to obtain a permit, so Robertson must be destroyed, was the moniker the EPA operated by, using the oft destructive Clean Water Act.

Through an extensive and arduous legal struggle that involved the Pacific Legal Foundation, the EPA pursued the matter to an 18-month sentence on Robertson’s back that he served.


The fight to clear Joe Robertson is a fight to restore EPA and other government departments to Constitutional perimeters, to include shuttering the EPA as no such authority is described or delineated in the Constitution. (Free Thought Project photo)

The EPA also slapped a $130,000 restitution fine on the Robertson family that syphoned their Social Security benefits for good.

Little more than a year after his release, the rouged and imposing mountain of a man, navy veteran and partner to area firefighters passed because of what his widow Carri described as natural causes.

Imprisonment and an ongoing case seeking his life and legacy didn’t help, surely, and passing away under the shadow of a 20-month active probation order is an insult this veteran did not deserve.

According to PLF attorneys, the case suffered because of unclear rulings at the level of the U.S. Supreme Court.

A PLF statement reads, “Whether this conviction was lawful depends on the definition of ‘navigable waters.’ In Rapanos v. US (a PLF case), the Court sought to define the scope of the Clean Water Act. The Court split on a 4-1-4 vote.”


The PLF has asked the U.S. Supreme Court to overturn Robertson’s conviction

Pacific Legal Foundation statement

So the EPA thugs wing it on the broad interpretation that Justice Kennedy favored, while Justice Scalia’s moderating of federal jurisdiction is ignored, though equally expressed by the Court.

Under Scalia’s plurality opinion, “Robertson would have been found not guilty, if charged at all,” the PLF stated, “since [Robertson’s] ponds are more than 40 miles away from the river, and do not abut lakes or streams.”

The PLF is pursuing a new Supreme Court review of the case, and attorneys are active processing papers in the sad routine to transfer the case to the name of Carri Robertson as petitioner.

“The PLF has asked the U.S. Supreme Court to overturn Robertson’s conviction,” they stated.

The Supreme Court is expected to decide this month whether it will hear the Robertson case’s appeal.

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Navigable Waters, 33 CFR Part 329 - DEFINITION OF NAVIGABLE WATERS OF THE: https://www.google.com/search?source=hp&ei=AEmxXLXwKOLI_Qb_pYGQ...

 British Sovereignty In America...LMAO...:)-

§ 329.4 General definition.
"Navigable waters of the United States are those waters that are subject to the ebb and flow of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity." 

 Thats to funny Ronald, first off the man is dead, died in prison, they took everything he and his family had, all because he said NO!!!

 HELL NO this is my POND its not a right a way, They murdered another VET to take all his property away all nice and legal, according to CFR dubbed DIPPED British LAWS.

 You know Ronald, people are real tired of their control and are willing to die...

 Do you think its all BS with the Militia???

The Judge in this case needs to be disbarred and removed... in addition, all US Attorney's their assistants and any defense coucil associated with this case need to be disbarred... and prosecuted for malfesance in office and fraudulent prosecution... among other charges.

The President needs to take an interest in cases like this and use them to go after the bureaucrats in the DOJ system, that allow such crap to be prosecuted... Fire them, and in many cases prosecute them, for abuse of office, official powers, fraudulent prosecution etc.

This sort of thing should NEVER happen in America... Where is the President?  Has he pulled a BUSH.. gone and AWOL on such matters?

And yes the PRIVATE MILITIA as currently organized, trained, funded and equipped, is not only JOKE, it is DANGEROUS... delusional and incompetent... to think it can be effective in its PRESENT STATUS.

Ask Al Qaeda a type of private militial... albiet, much better organized, trained and equipped, than most private US Militia groups, how effective they are against US Military power and then think about it.  I am not against a Militia, if it is properly organized, trained, equipped and operates, within existing US Law.

P/S Tif I think you are misunderstanding the use of (CFR) in this case... it means:.

The Code of Federal Regulations (CFR) is the codification of the general and permanent rules and regulations (sometimes called administrative law) published in the Federal Register by the executive departments and agencies of the federal government of the United States. The CFR is divided into 50 titles that represent broad areas subject to federal regulation.
Code of Federal Regulations - Wikipedia
en.wikipedia.org/wiki/Code_of_Federal_Regulations

It is not a refernce to the Council on Foreign Relations.

And Ronald,

 You know they do not care, and if he was your friend, and you tried to help, they would destroy your life and your families life all so.

 That is how they are these days, they have all the power, they have the White House.

 But they do not have my heart and my soul.

 They murdered a VET because of a POND, they wanted his property and they used the courts to get the job done!!!!!!

This only applies if we were in control of ours.

 Well Ronald, according to the google link, they are, and I am very surprised its not listed under Magna Carta....:)

According to google the world is flat...  I just read a blog stating so.  Give me a break.  Google is hardly an authority on anything other than providing a search engine that is realtively fast and effective.

Next, who are THEY... and what has Magna Carta an English historical document written in 1215 AD to do with this discussion...  

According to NASA they no longer have the technology to go to the moon so instead they are going to Mars. LMOL

Your so funny Ronald...:)

Who are THEY... and what Google link are the mysterious 'They' on? Was it the one linked to the "World is Flat Article" or the one linked to " Missing Link Found In Florida"....

 Hank, where you at...Ronald can not find the link you post...

LIKE DA!!!!

Navigable Waters, 33 CFR Part 329 - DEFINITION OF NAVIGABLE WATERS OF THE: https://www.google.com/search?source=hp&ei=AEmxXLXwKOLI_Qb_pYGQ...

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Fact Check:   'Joe Biden Claims ‘We Didn’t Lock People Up In Cages’

CLAIM: Former Vice President Joe Biden claimed, on immigration: “We didn’t lock people up in cages.”

VERDICT: FALSE. The “cages” were built by the Obama-Biden administration.

Univision moderator Jorge Ramos asked Biden at the third Democrat debate at Texas Southern University in Houston, Texas, why Latinos should trust him after the Obama administration continued deporting “undocumented immigrants.”

Biden claimed that the Obama administration’s policies were more humane than those of President Donald Trump: “We didn’t lock people up in cages,” he said.

In fact, the “cages” were built by the Obama administration to deal with a surge of unaccompanied minors who crossed the border illegally in 2014.

Originally, the Obama administration was “warehousing” children — literally — in overwhelmed Border Patrol facilities. Breitbart News broke the story of the surge, which was partly triggered by Obama’s policy of allowing illegal alien children who entered the country as minors to stay in the country (Deferred Action for Childhood Arrivals, or DACA).

Above image credit: AP Photo/Ross D. Franklin, Pool, File

The above photo was published by the Associated Press in June 2014, and the photo below is of Obama’s Secretary of Homeland Security, Jeh Johnson, touring a Border Patrol facility with “cages.”


Above: Border Patrol officers escort Homeland Security Secretary Jeh Johnson and Gov. Jan Brewer through the department’s Nogales processing facility for immigrant children. (Photo courtesy Barry Bahler/Department of Homeland Security)

The “cages” are chain-link enclosures in Border Patrol processing facilities that are meant to protect children from adults in custody. They are not permanent accommodations.

In mid-2018, as the Trump administration began enforcing a “zero tolerance” policy that stopped the “catch-and-release” policy of letting illegal aliens go after they were arrested. Detaining adults and children meant that children had to be processed separately; the enclosures prevented adults from harming children.

As Breitbart News reported at the time, children were not housed in “cages.” They were processed and then taken to shelters, where they were given medical care, toiletries, education, recreation, and counseling, and where staff attempted to find relatives or sponsors to whom they could be released.

Democrats began tweeting images of “kids in cages” to condemn the Trump administration. Journalists, too, shared those images.

One problem: they were taken during the Obama administration.

Public outrage at the images led President Trump to end the policy, and require families to be detained together.

Democrats keep repeating the mistake, however: in July, they had to delete a tweet that used an image from the Obama era and cited the “inhumane treatment” of children by the Trump administration.

Republicans argue that not detaining illegal aliens is actually the cruel policy, because it encourages migrants to undertake a dangerous journey, often guided by cartels and smugglers.

As Breitbart News’ Alana Mastrangelo noted recently:

But what’s worse than “cages,” however, are reports of migrant children also being handed over to human traffickers during the Obama administration — while Biden was vice president — according to the New York Times. Between October 2013 and July 2015 alone, nearly 80,000 unaccompanied children from Central American countries were detained by U.S. authorities.

It remains unclear how many of the tens of thousands of children were handed over to human traffickers — including sex traffickers — during that span of nearly two years, as those cases are reportedly not tracked.

“Others were ransomed by the very smugglers to whom their families paid thousands of dollars to sneak them into the United States,” reported the New York Times in 2015, during Obama’s presidency and Biden’s vice presidency. “Some lost limbs during the journey or found themselves sold into sexual slavery.”

Biden told voters in South Carolina last month that he would close all border detention facilities, guaranteeing that the migrant flow would continue.

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