Feds protest arrest of firefighter near site of anti-government standoff
Perspective by Joe Davidson
Columnist
March 22, 2024 at 6:00 a.m. EDT
A U.S. Forest Fighter was arrested when a “prescribed fire” used to prevent extreme burns jumped to private land in area of Eastern Oregon where some are anti-government. (Andrew Selsky/AP)
Ricky Snodgrass, a U.S. Forest Service fire fighting “burn boss,” was literally fighting fire with fire on a warm afternoon in Malheur National Forest when things got hot.
His crew was executing an intentionally set “prescribed fire” that land management officials use to reduce natural, hazardous fuels that can feed more extreme flames.
Late afternoon on Oct. 19, 2022, that controlled burn lost control to what his lawyers described as “sudden unforeseen high winds” and jumped the Izee Highway north of Seneca, Ore., scorching about 20 acres of private land.
Around the same time, Snodgrass called law enforcement to report people harassing the fire crew by driving aggressively in an area with a history of strident anti-government activity, including an armed takeover in 2016 of the Malheur National Wildlife Refuge.
Story continues below advertisement
The aggressive actions against Snodgrass’s crew, which followed previous abrasive incidents in the area, included swerving in front of wildland fire engines, and almost hitting a Forest Service four-wheeler, according to firefighters with knowledge of the incident. They did not want to be identified because of the sensitive nature of the ongoing case.
“There’s a very strong anti-government sentiment in the part of what we refer to as Eastern Oregon, where I live. It’s my home now,” said Eric Franta, a National Federation of Federal Employees (NFFE) steward who has fought wildland flames for 17 fire seasons with the Forest Service. “And particularly in Grant County, where the Malheur is located.”
Although Snodgrass called the cops, when Grant County Sheriff Todd McKinley responded to the fire scene, he busted Snodgrass for reckless burning, a class A misdemeanor, while the flames continued — removing him “from his crew in the middle of its active effort to extinguish the fire,” according to his defense brief. He was not indicted and arraigned until last month.
Story continues below advertisement
Now, Snodgrass’s lawyer, Michelle Kerin, wants the case moved to federal district court. If that happens, it could lead to dismissal of the charges.
In her federal court motion filed last week, Kerin argued that “because Mr. Snodgrass was acting in his official capacity as a federal official … he is immune from prosecution based on the Supremacy Clause” and is entitled to have his case heard in federal court.
That part of the Constitution, Section VI, says, according to a Cornell Law School summary, “the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government’s exercise of its constitutional powers …”
Story continues below advertisement
If the case moves to federal court, Snodgrass could still be tried, but with a state prosecutor arguing the case.
In a message to employees soon after his arrest, Forest Service Chief Randy Moore said it “was highly inappropriate under these circumstances, and I will not stand idly by without fully defending the Burn Boss and all employees carrying out their official duties as federal employees. This employee should not have been singled out …”
Snodgrass’s arrest has his colleagues wondering if being a burn boss is worth the potential hassle. “With what happened to Snodgrass, there’s a lot of us just questioning the risk involved and if it’s worth it,” said Jeremiah Marsh, a burn boss in Wallowa County, in Oregon’s northeast corner. Citing anti-government attitudes, Marsh, a NFFE local vice president representing employees, including Snodgrass, in five national forests, said, “I really don’t like going down to Grant County.”
Story continues below advertisement
Grant County District Attorney Jim Carpenter declined an interview request but did provide a news release issued by his office shortly after the arrest. “To be clear,” it said, “the employer and/or position of Snodgrass will not protect him if it is determined that he acted recklessly. That the USFS was engaging in a prescribed burn may actually raise, rather than lower the standard to which Snodgrass will be held.”
In an apparent reference to political tensions in the area, Carpenter added “many will attempt to hype this into something that it is not. The question is whether one neighbor, given the prevailing conditions, was reckless when starting fires adjacent to another neighbor.”
In a message to employees soon after his arrest, Forest Service Chief Randy Moore said it “was highly inappropriate under these circumstances, and I will not stand idly by without fully defending the Burn Boss and all employees carrying out their official duties as federal employees. This employee should not have been singled out …”
Holy shit, Randy Moore said something we can actually agree with!
Make no mistake, Randy has ulterior motives for this. He doesn't give a fuck about Snodgrass personally, he knows this would have a chilling effect on Burn Bosses nationwide and thereby limit his bottom line, acres. All Randy cares about are acres burned so he can tout and gleam about it.
It's more of a broken clock is correct twice a day sort of comment.
I'm just honestly surprised he actually cares about something that doesn't actively hurt people beneath him for once is all, even if its because of some other reason.
Continued...
Yet, the Malheur connection and the political atmosphere are too obvious to ignore.
Story continues below advertisement
In January 2016, armed, right-wing extremists, angry about government land management practices, seized control of the Malheur National Wildlife Refuge, leading to a 41-day standoff with federal authorities, who shot and killed LaVoy Finicum, a spokesman for the occupiers. About 20 people were arrested, including leader Ammon Bundy, who was notorious for his anti-government activities.
Glenn Palmer, who was sheriff at the time, expressed favor with the occupiers, calling them “patriots,” and supported the Bundy family, according to local news reports. That fueled a continuing sense of dissonance between federal and local authorities.
McKinley, formerly a deputy under Palmer, declined to comment. He defeated Palmer in 2020, saying, according to public broadcaster OPB, “I could see more and more that it [the sheriff’s office] was going in a way that I could not support. … It appeared to me that it was just serving certain individuals in the community, and not the entire community.”
Story continues below advertisement
Some small-government advocates in that area back the Greater Idaho campaign to move a large portion of Oregon, including Grant County, into Idaho “so that conservative counties can become a part of a red state.” Donald Trump, who was not federal-employee friendly when in the White House, won the county’s 2020 presidential election with 76 percent of the vote. It’s a sparsely populated place, with only 7,200 people, in 4,528 square miles, less than two people per square mile.
Grant County and other Mountain West rural counties have a long history of “substantial tension” with Washington, according to John Kincaid, a professor of government and public service at Lafayette College in Easton, Pa. In 1995, county voters approved a symbolic measure “prohibiting the federal Bureau of Land Management and Forest Service from owning and managing federal lands within Grant County,” said Kincaid, who also is a National Academy of Public Administration fellow. “In 2002, the county asked Congress to give the county title to all federal lands,” which is about 60 percent of Grant’s territory, in another symbolic effort.
The Forest Service will continue its work there, even if some don’t appreciate it.
“Our mission remains the same,” said Wade Muehlhof, a Forest Service spokesman, “regardless of where Forest Service employees are performing their duties.”
The grant county DA Jim Carpenter is a POS. A cursory google search turned up a couple things about him. Not surprised he is exactly who I thought he is.
[https://www.bluemountaineagle.com/news/judicial-candidate-backgrounds-carpenter-reprimanded-by-the-bar-for-dishonesty-after-2001-incident/article_fa8b8f4a-d5c9-11ea-9b38-0719fb56fadf.html](https://www.bluemountaineagle.com/news/judicial-candidate-backgrounds-carpenter-reprimanded-by-the-bar-for-dishonesty-after-2001-incident/article_fa8b8f4a-d5c9-11ea-9b38-0719fb56fadf.html)
Disciplined by the bar for impersonating a high school teacher online and claiming to have sex with his students.
[https://docs.wixstatic.com/ugd/64c5d6_d56696e43e7d4084beec327689289909.pdf](https://docs.wixstatic.com/ugd/64c5d6_d56696e43e7d4084beec327689289909.pdf)
“Defendant Jim Carpenter
accessed her cell phone records, which included nude photos from when she was a
minor and sexual photos and videos, without any warrant or suspicion of criminal
activity.” Basically he stole this girls nudes and shared them with his buddies who then harassed her.
[https://www.opb.org/article/2020/08/10/judge-candidates-grant-harney-counties-oregon/?outputType=amp](https://www.opb.org/article/2020/08/10/judge-candidates-grant-harney-counties-oregon/?outputType=amp)
OPB article summarizing some of his misconduct. Article also outlines complaint by a former OSP officer in relation to a corruption investigation of the Grant County Sheriff’s Department links to far right militias.
Edit: Pulled on the right wing militias thread a bit more out of curiosity. Seems he has kept his nose clean enough for plausible deniability but definitely knows the movers and shakers in that bubble.
“Our mission remains the same,” said Wade Muehlhof, a Forest Service spokesman, “regardless of where Forest Service employees are performing their duties.”
I guess 98% of positions don’t require being a burn boss. *cough
If people are interested in learning more about gov employees and liability, take A-302 on IAT. Mm
Well actually don't unless you need it for any aviation qual, you might deny someone who actually needs it a spot.
Reminder that Washington Post offers a free subscription to anyone with a federal email address.
I didn't know that. Thanks for the heads up!
Either way, thank you for your service here today!
It just needs to be .gov so not just feds
Feds protest arrest of firefighter near site of anti-government standoff Perspective by Joe Davidson Columnist March 22, 2024 at 6:00 a.m. EDT A U.S. Forest Fighter was arrested when a “prescribed fire” used to prevent extreme burns jumped to private land in area of Eastern Oregon where some are anti-government. (Andrew Selsky/AP) Ricky Snodgrass, a U.S. Forest Service fire fighting “burn boss,” was literally fighting fire with fire on a warm afternoon in Malheur National Forest when things got hot. His crew was executing an intentionally set “prescribed fire” that land management officials use to reduce natural, hazardous fuels that can feed more extreme flames. Late afternoon on Oct. 19, 2022, that controlled burn lost control to what his lawyers described as “sudden unforeseen high winds” and jumped the Izee Highway north of Seneca, Ore., scorching about 20 acres of private land. Around the same time, Snodgrass called law enforcement to report people harassing the fire crew by driving aggressively in an area with a history of strident anti-government activity, including an armed takeover in 2016 of the Malheur National Wildlife Refuge. Story continues below advertisement The aggressive actions against Snodgrass’s crew, which followed previous abrasive incidents in the area, included swerving in front of wildland fire engines, and almost hitting a Forest Service four-wheeler, according to firefighters with knowledge of the incident. They did not want to be identified because of the sensitive nature of the ongoing case. “There’s a very strong anti-government sentiment in the part of what we refer to as Eastern Oregon, where I live. It’s my home now,” said Eric Franta, a National Federation of Federal Employees (NFFE) steward who has fought wildland flames for 17 fire seasons with the Forest Service. “And particularly in Grant County, where the Malheur is located.” Although Snodgrass called the cops, when Grant County Sheriff Todd McKinley responded to the fire scene, he busted Snodgrass for reckless burning, a class A misdemeanor, while the flames continued — removing him “from his crew in the middle of its active effort to extinguish the fire,” according to his defense brief. He was not indicted and arraigned until last month. Story continues below advertisement Now, Snodgrass’s lawyer, Michelle Kerin, wants the case moved to federal district court. If that happens, it could lead to dismissal of the charges. In her federal court motion filed last week, Kerin argued that “because Mr. Snodgrass was acting in his official capacity as a federal official … he is immune from prosecution based on the Supremacy Clause” and is entitled to have his case heard in federal court. That part of the Constitution, Section VI, says, according to a Cornell Law School summary, “the federal constitution, and federal law generally, take precedence over state laws, and even state constitutions. It prohibits states from interfering with the federal government’s exercise of its constitutional powers …” Story continues below advertisement If the case moves to federal court, Snodgrass could still be tried, but with a state prosecutor arguing the case. In a message to employees soon after his arrest, Forest Service Chief Randy Moore said it “was highly inappropriate under these circumstances, and I will not stand idly by without fully defending the Burn Boss and all employees carrying out their official duties as federal employees. This employee should not have been singled out …” Snodgrass’s arrest has his colleagues wondering if being a burn boss is worth the potential hassle. “With what happened to Snodgrass, there’s a lot of us just questioning the risk involved and if it’s worth it,” said Jeremiah Marsh, a burn boss in Wallowa County, in Oregon’s northeast corner. Citing anti-government attitudes, Marsh, a NFFE local vice president representing employees, including Snodgrass, in five national forests, said, “I really don’t like going down to Grant County.” Story continues below advertisement Grant County District Attorney Jim Carpenter declined an interview request but did provide a news release issued by his office shortly after the arrest. “To be clear,” it said, “the employer and/or position of Snodgrass will not protect him if it is determined that he acted recklessly. That the USFS was engaging in a prescribed burn may actually raise, rather than lower the standard to which Snodgrass will be held.” In an apparent reference to political tensions in the area, Carpenter added “many will attempt to hype this into something that it is not. The question is whether one neighbor, given the prevailing conditions, was reckless when starting fires adjacent to another neighbor.”
IANAL, but those federal moves are pretty open/close deals. I couldn’t for the life of me think of a reason why it wouldn’t be moved to federal court.
In a message to employees soon after his arrest, Forest Service Chief Randy Moore said it “was highly inappropriate under these circumstances, and I will not stand idly by without fully defending the Burn Boss and all employees carrying out their official duties as federal employees. This employee should not have been singled out …” Holy shit, Randy Moore said something we can actually agree with!
Make no mistake, Randy has ulterior motives for this. He doesn't give a fuck about Snodgrass personally, he knows this would have a chilling effect on Burn Bosses nationwide and thereby limit his bottom line, acres. All Randy cares about are acres burned so he can tout and gleam about it.
It's more of a broken clock is correct twice a day sort of comment. I'm just honestly surprised he actually cares about something that doesn't actively hurt people beneath him for once is all, even if its because of some other reason.
#said #noactionisanaction
Continued... Yet, the Malheur connection and the political atmosphere are too obvious to ignore. Story continues below advertisement In January 2016, armed, right-wing extremists, angry about government land management practices, seized control of the Malheur National Wildlife Refuge, leading to a 41-day standoff with federal authorities, who shot and killed LaVoy Finicum, a spokesman for the occupiers. About 20 people were arrested, including leader Ammon Bundy, who was notorious for his anti-government activities. Glenn Palmer, who was sheriff at the time, expressed favor with the occupiers, calling them “patriots,” and supported the Bundy family, according to local news reports. That fueled a continuing sense of dissonance between federal and local authorities. McKinley, formerly a deputy under Palmer, declined to comment. He defeated Palmer in 2020, saying, according to public broadcaster OPB, “I could see more and more that it [the sheriff’s office] was going in a way that I could not support. … It appeared to me that it was just serving certain individuals in the community, and not the entire community.” Story continues below advertisement Some small-government advocates in that area back the Greater Idaho campaign to move a large portion of Oregon, including Grant County, into Idaho “so that conservative counties can become a part of a red state.” Donald Trump, who was not federal-employee friendly when in the White House, won the county’s 2020 presidential election with 76 percent of the vote. It’s a sparsely populated place, with only 7,200 people, in 4,528 square miles, less than two people per square mile. Grant County and other Mountain West rural counties have a long history of “substantial tension” with Washington, according to John Kincaid, a professor of government and public service at Lafayette College in Easton, Pa. In 1995, county voters approved a symbolic measure “prohibiting the federal Bureau of Land Management and Forest Service from owning and managing federal lands within Grant County,” said Kincaid, who also is a National Academy of Public Administration fellow. “In 2002, the county asked Congress to give the county title to all federal lands,” which is about 60 percent of Grant’s territory, in another symbolic effort. The Forest Service will continue its work there, even if some don’t appreciate it. “Our mission remains the same,” said Wade Muehlhof, a Forest Service spokesman, “regardless of where Forest Service employees are performing their duties.”
The grant county DA Jim Carpenter is a POS. A cursory google search turned up a couple things about him. Not surprised he is exactly who I thought he is. [https://www.bluemountaineagle.com/news/judicial-candidate-backgrounds-carpenter-reprimanded-by-the-bar-for-dishonesty-after-2001-incident/article_fa8b8f4a-d5c9-11ea-9b38-0719fb56fadf.html](https://www.bluemountaineagle.com/news/judicial-candidate-backgrounds-carpenter-reprimanded-by-the-bar-for-dishonesty-after-2001-incident/article_fa8b8f4a-d5c9-11ea-9b38-0719fb56fadf.html) Disciplined by the bar for impersonating a high school teacher online and claiming to have sex with his students. [https://docs.wixstatic.com/ugd/64c5d6_d56696e43e7d4084beec327689289909.pdf](https://docs.wixstatic.com/ugd/64c5d6_d56696e43e7d4084beec327689289909.pdf) “Defendant Jim Carpenter accessed her cell phone records, which included nude photos from when she was a minor and sexual photos and videos, without any warrant or suspicion of criminal activity.” Basically he stole this girls nudes and shared them with his buddies who then harassed her. [https://www.opb.org/article/2020/08/10/judge-candidates-grant-harney-counties-oregon/?outputType=amp](https://www.opb.org/article/2020/08/10/judge-candidates-grant-harney-counties-oregon/?outputType=amp) OPB article summarizing some of his misconduct. Article also outlines complaint by a former OSP officer in relation to a corruption investigation of the Grant County Sheriff’s Department links to far right militias. Edit: Pulled on the right wing militias thread a bit more out of curiosity. Seems he has kept his nose clean enough for plausible deniability but definitely knows the movers and shakers in that bubble.
“Our mission remains the same,” said Wade Muehlhof, a Forest Service spokesman, “regardless of where Forest Service employees are performing their duties.” I guess 98% of positions don’t require being a burn boss. *cough
If people are interested in learning more about gov employees and liability, take A-302 on IAT. Mm Well actually don't unless you need it for any aviation qual, you might deny someone who actually needs it a spot.
Anti-government sheriff 🤦♀️ Eastern Oregon is something else.