re: Social Media mocking Oregon militia by calling them YallQaeada, Yeehawd, etc.

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They weren't charged with terrorism.

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I am not going to apply the mandatory minimum and because, to me, to do so under the Eighth Amendment would result in a sentence which is grossly disproportionate to the severity of the offenses here.

And with regard to the Antiterrorism and Effective Death Penalty Act of 1996, this sort of conduct could not have been conduct intended under that statute.

When you say, you know, what if you burn sagebrush in the suburbs of Los Angeles where there are houses up those ravines? Might apply. Out in the wilderness here, I don't think that's what the Congress intended. And in addition, it just would not be -- would not meet any idea I have of justice, proportionality. I am not supposed to use the word "fairness" in criminal law. I know that I had a criminal law professor a long time ago yell at me for doing that. And I don't do that. But this -- it would be a sentence which would shock the conscience to me.

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THE COURT: I do have this question: We had
4 argument on it, but is -- what indication, if any, do you
5 have more than I have that when this five-year mandatory
6 minimum was put in in the Terrorism Act that this sort of
7 activity is what was anticipated? Is there anything?
8 MR. MATASAR: I can only say, Your Honor, that my
9 understanding, from what I included in the memo, was that,
10 you know, this statute is about through fire or explosives.
11 I think the focus of the statute seemed to be the explosive
12 part, the intentional aspect of it. I indicated all the
13 other sections here, they talk about foreign nationals, they
14 talk about terrorism this and terrorism there. But I see no
15 indication that this -- that this kind of activity was
16 intended in that statute.
17 MR. BLACKMAN: And Your Honor, I think the most
18 significant, if you are looking, really, at the legislation,
19 the most significant indication of that is in the definition
20 of federal crime of terrorism, which explicitly does not
21 include the 844(f)(1).
22 THE COURT: I read that in the memo.
23 MR. BLACKMAN: So I mean, it does strike us as one
24 of those legislative -- I mean, it's a huge bill. Sometimes
25 I think the Congress does things that it's not intended, and
1 the best indication that that's not what they intended is
2 that.

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What you wanna do about it ole baw??

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I guess some of you sheep don't give a shite about freedom

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